Agenda Packet — Hercules City Council, April 14, 2026

Tuesday, April 14, 2026
7:00 PM
City of Hercules
111 Civic Drive
Hercules, CA 94547
City Council
Mayor Chris Kelley
Vice Mayor Alex Walker-Griffin
Council Member Dilli Bhattarai
Council Member Tiffany Grimsley
Council Member Dion Bailey
Patrick Tang, Interim City Manager
Christie Crowl, City Attorney
Eibleis Melendez, City Clerk
Meeting Agenda
REGULAR MEETING - 7:00 P.M
In-Person in Council Chambers or Via Zoom:

Zoom ID: 812 9590 2176 Zoom Passcode: 049734
Zoom Phone Number: 1-669-900-6833
1 April 14, 2026City Council Meeting Agenda
- See last pages of agenda for information regarding meeting procedures To view webcast of meetings, live or on demand, go to the City's website at www.ci.hercules.ca.us I. SPECIAL CLOSED SESSION – NONE
II. PUBLIC COMMUNICATION - CLOSED SESSION ITEMS - NONE
III. CONVENE INTO CLOSED SESSION - NONE
IV. REGULAR MEETING – CONVENE TO OPEN SESSION - ROLL CALL - 7:00 P.M.

V. A. REPORT ON ACTION TAKEN IN CLOSED SESSION - NO CLOSED SESSION B. CONSIDER AND TAKE ACTION ON ANY REQUEST FROM A COUNCIL MEMBER TO

PARTICIPATE IN A MEETING REMOTELY DUE TO JUST CAUSE OR EMERGENCY CIRCUMSTANCES PURSUANT TO AB 2449
VI. PLEDGE OF ALLEGIANCE
VII. MOMENT OF SILENCE
VIII. INTRODUCTIONS/PRESENTATIONS/COMMISSION REPORTS

1. 26-074
Proclamation - Nepali New Year 2083 BS
ProclamationAttachments:

IX. AGENDA ADDITIONS/DELETIONS

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2 April 14, 2026City Council Meeting Agenda
X. PUBLIC COMMUNICATIONS
This time is reserved for members of the public to address issues not included in the agenda. In accordance with the Brown Act, Council will refer to staff any matters brought before them at this time, and those matters may be placed on a future agenda.

Individuals wishing to address the City Council are asked to complete a form indicating the name and address of the speaker and the general topic to be addressed. Speakers must make their comments from the podium and will be allowed 3 minutes to discuss their concerns. All public comments are recorded and become part of the public record. A limit of 30 minutes will be devoted to taking public comment at this point in the agenda. If any speakers remain at the conclusion of the initial 30 minute period, time will be reserved at the conclusion of the meeting to take the remaining comments.

XI. PUBLIC HEARINGS
XII. CONSENT CALENDAR

1. 26-075
Meeting Minutes for the Regular Meeting of March 24, 2026 Meeting Minutes for the Regular Meeting of March 24, 2026Attachments:

2. 26-073 Extension of Pre-Qualified Vendor lists until July 31, 2027 RECOMMENDATION:

Staff recommends City Council approval of a resolution extending the pre-qualified vendor lists for planning and engineering services for one (1) additional year, until July 31, 2027.

Staff Report
Attach 1 - Resolution
Attach 2 - Pre-Qualified Vendors - Planning Services
Attach 3 - Pre-Qualified Vendors - Engineering Services Attachments:

3. 26-078 Adopt a resolution of the City Council of the City of Hercules approving a Memorandum of Understanding (MOU) between West Contra Costa Integrated Waste Management Authority
(RECYCLEMORE), a Joint Powers Authority, and the City of Hercules regarding implementation of Senate Bill 1383 Regulatory Requirements; and authorizing the City Manager to execute the MOU RECOMMENDATION:

Approve the MOU between the City of Hercules and RecycleMore to implement SB 1383 requirements, and further authorize the City Manager to execute the MOU.

Staff Report
Attach 1 - Resolution
Attach 2 - SB 1383 Hercules MOU
Attachments:

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3 April 14, 2026City Council Meeting Agenda

4. 26-077 Approve the Resolution to Execute the Group Program Inspection Agreement between the City of Hercules, West County Wastewater District and the Contra Costa County Flood Control and Water Conservation District
RECOMMENDATION:

Approve the resolution authorizing the City Manager to execute the Group Program Inspection Agreement between the City of Hercules, West County Wastewater District and the Contra Costa County Flood Control and Water Conservation District.

Staff Report Group Inspection Agreement Renewal
Attach 1 - Resolution
Attach 2 - CCCWP Inspection Agreement
Attachments:

5. 26-076 Adopt the Resolution to Approve the Amended and Restated Contra Costa Clean Water Program Agreement (2026-2041) and Authorize the City Manager to Execute the Agreement
RECOMMENDATION:

Adopt the resolution approving the Contra Costa Clean Water Program (CCCWP) Agreement and authorize the City Manager to execute the Agreement.

Staff Report
Attach 1 - Resolution
Attach 2 - CCCWP Program Agreement 2026 - 2041
Attachments:

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XIII. DISCUSSION AND/OR ACTION ITEMS

1. 26-080 Acceptance of the Falcon Way Pavement Rehabilitation Project Recommendation:

Adopt a resolution accepting the Falcon Way Pavement Rehabilitation Project contract with MCK Services, Inc. as complete for a total amount of $764,461.91 and authorizing the filing of the Notice of Completion with the Contra Costa County Recorder’s Office.

Staff Report
Attach 1 - Resolution
Attach 2 - Notice of Completion
Attach 3 - Falcon Way Project Location
Attachments:

2. 26-082 Adopt a Resolution Approving the Municipal Pooling Authority Amended and Restated Joint Exercise of Powers Agreement RECOMMENDATION:

Adopt a resolution approving the Municipal Pooling Authority Amended and Restated Joint Exercise of Powers Agreement for providing Property, Workers' Compensation, Public Liability, and other insurance coverages.

Staff Report
Attach 1 - Resolution
Exhibit A - MPA Amended and Restated JPA Agreement
Attach 2 - MPA Amended and Restated JPA Agreement (Redlined) Presentation
Attachments:

XIV. PUBLIC COMMUNICATIONS
This time is reserved for members of the public who were unavailable to attend the Public Communications period during Section X of the meeting, or were unable to speak due to lack of time. The public speaker requirements specified in Section X of this Agenda apply to this Section.

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5 April 14, 2026City Council Meeting Agenda
XV. CITY COUNCIL/CITY MANAGER/CITY ATTORNEY ANNOUNCEMENTS,

COMMITTEE, SUB-COMMITTEE AND INTERGOVERNMENTAL COMMITTEE REPORTS

AND FUTURE AGENDA ITEMS
This is the time for brief announcements on issues of interest to the community. In accordance with the provisions of the Brown Act, matters which do not appear on this agenda but require City Council discussion may be either (a) referred to staff or other resources for factual information or (b) placed on a future meeting agenda.

1. Regional Committee
a. Contra Costa Mayors Conference
b. Hercules/ Pinole - WasteWater Management
c. League of Cities
d. Water Emerg. Transportation Authority
e. WCCIWMA
f. WCCTAC
g. West Co. Mayors & Supervisors Assoc. Meeting
h. WestCat
I. MCE
j. CCTA
k. East Bay Wildfire Coalition of Governments

2. City Council Committees and Subcommittees
a. Econ. Dev. Subcommittee
b. Traffic and Public Safety Committee
c. East Bay Economic Development Alliance

3. Commission Liaisons
a. Community & Library Services Commission
b. Finance Commission
c. Planning Commisison
XVI. ADJOURNMENT
The next Regular Meeting of the City Council will be held on Tuesday, April 28, 2026 at 7:00p.m. in the Council Chambers.

Agendas are posted in accordance with Government Code Section 54954.2(a) or Section 54956.

Members of the public can view electronic agendas and staff reports by accessing the City website at www.ci.hercules.ca.us and can receive e-mail notification of agenda and staff report postings by signing up to receive an e-notice from the City’s homepage. Agendas and staff reports may also be obtained by contacting the City Clerk at (510) 799-8200 (Posted: April 9, 2026)

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6 April 14, 2026City Council Meeting Agenda

INSTRUCTIONS ON HOW TO PARTICIPATE AND WATCH THE HERCULES CITY COUNCIL AND PLANNING

COMMISSION HYBRID MEETINGS
Attend in Person: Hercules City Council Chambers – 111 Civic Drive, Hercules, CA 94547 Attend via Zoom Teleconference: Details provided below and zoom webinar login, passcode and phone numbers provided on the agenda cover.

How to Submit Public Comments
In Person: Attend meeting at the Hercules City Council Chambers, fill out a public speaker card located on the side table and submit it to the City Clerk.

Via Zoom: Members of the public may submit a remote public comment via Zoom video conferencing. Download the Zoom mobile app from the Apple Appstore or Google Play. If you are using a desktop computer, you can test your connection to Zoom by clicking here or go to: https://www.zoom.us/join. Zoom also allows you to join by phone at +1-669-900-6833 or +1-929-205-6099 or +1-253-215-8782.

Written Comments Submitted Electronically: All comments received before 3:00 p.m. the day of the meeting will be provided to the City Council prior to the meeting and posted to the City’s agenda website and located by clicking on the “meeting details” tab. Written comments received after 3:00 p.m. will be provided to City Council and posted to the agenda website the following day. Written comments will not be read aloud during the meeting. Email comments to [email protected]. Please indicate which item on the agenda you are commenting on in the subject line of your email.

Written comments submitted in person or via mail: Additional ways to provide your public comment is to either drop off your comment in person to the front desk receptionist located in the City Hall lobby or to mail your comment to City of Hercules, ATTN: City Clerk – Public Comment (Meeting Date), 111 Civic Drive, Hercules, CA 94547 in time to reach the City Clerk no later than 3:00 p.m. on the day of the meeting or you can submit your comment by telephone by calling (510) 799-8208 no later than 3:00 p.m. on the meeting date.

If you need assistance with public comment, please contact: Eibleis Melendez, City Clerk at [email protected] or by calling (510) 799-8200.

All public comments will become part of the official meeting record. As email containing public meeting comments are part of the official record, note that personal contact information may be published if it is included with your email. The City cannot guarantee that its network and/or the website will not be uninterrupted. To ensure that the City Council receives your written comments, you are strongly encouraged to submit your comments in writing in advance of the meeting by 3:00 p.m. on the day of the Council or Commission meeting.

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7 April 14, 2026City Council Meeting Agenda

OTHER WAYS TO WATCH THE MEETING
Live on Channel 28: City Council meetings will replay the following Thursday at 7:00 p.m. and Saturday at 1:00 p.m.

Planning Commission meetings will replay the following Wednesday at 7:00 p.m. and Saturday at 9:00 a.m.

Video Streamed Live on the City’s Website:

To view City Council and Planning Commission meeting videos online go to: Hercules Meeting Videos.

Instructions to view Live or On-Demand Videos from the City’s website:

1. Go to: Hercules Meeting Videos or https://hercules.legistar.com/calendar.aspx.

2. Locate the desired meeting and date.

3. Click the associated “Video” link (Video status is as follows):

Video = Video is available for on demand viewing.

In Progress = Video is available for viewing during live recording.

Not Available = Video is either unavailable or has not been recorded.

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8 April 14, 2026City Council Meeting Agenda

THE HERCULES CITY COUNCIL ADHERES TO THE FOLLOWING POLICIES,

PROCEDURES AND REGULATIONS REGARDING CITY COUNCIL MEETINGS

1. SPECIAL ACCOMMODATIONS: In compliance with the Americans with Disabilities Act, if you require special accommodations to participate at a City Council meeting, please contact the City Clerk at 510-799-8208 at least 48 hours prior to the meeting.

2. AGENDA ITEMS: Persons wishing to add an item to an agenda must submit the final written documentation 12 calendar days prior to the meeting. The City retains the discretion whether to add items to the agenda. Persons wishing to address the City Council otherwise may make comments during the Public Communication period of the meeting.

3. AGENDA POSTING: Agendas of regular City Council meetings are posted at least 72 hours prior to the meeting at City Hall, the Hercules Swim Center, Ohlone Child Care Center, and on the City’s website (www.ci.hercules.ca.us),

4. PUBLIC COMMUNICATION: Persons who wish to address the City Council should complete the speaker form prior to the Council's consideration of the item on the agenda.

Anyone who wishes to address the Council on a topic that is not on the agenda and is relevant to the Council should complete the speaker form prior to the start of the meeting. Speakers will be called upon during the Public Communication portion of the meeting. In accordance with the Brown Act, the City Council may not take action on items not listed on the agenda. The Council may refer to staff any matters brought before them at this time and those matters may be placed on a future agenda.

In the interests of conducting an orderly and efficient meeting, speakers will be limited to three (3) minutes.

Anyone may also submit written comments at any time before or during the meeting.

5. CONSENT CALENDAR: All matters listed under Consent Calendar are considered to be routine and will be enacted by one motion. There will be no separate discussion of these items unless requested by a member of the Council or a member of the public prior to the time the City Council votes on the motion to adopt.

6. LEGAL CHALLENGES: If you challenge a decision of the City Council in court, you may be limited to raising only those issues you or someone else raised at the meeting or in written correspondence delivered at, or prior to, the meeting. Actions challenging City Council decisions shall be subject to the time limitations contained in Code of Civil Procedure Section 1094.6.

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9 INTRODUCTIONS/PRESENTATIONS/

COMMISSION REPORTS

AGENDA ITEMS

1. 26-074
10 PROCLAMATION

RECOGNIZING APRIL 14, 2026, AS NEPALI NEW YEAR 2083 BS IN THE

CITY OF HERCULES

WHEREAS, Nepali New Year or Bikram Sambat (BS) falls in the spring after the harvesting period and just before the new plan ting season. Customs and celebrations are deeply rooted in traditions that symbolize hope and the beginning of a new cycle; and

WHEREAS, the Bikram Sambat calendar is approximately 56 years and 8 months ahead of the western calendar, making April 14, 2026, Nepali New Year 2083 BS.

Rituals are connected to cleansing and renewal, religious and spiritual practices seek blessings for the new year, and the gatherings centered in family bonding and the collective celebration of communities; and

WHEREAS, the Nepalese diaspora in the U .S. began in the 1950s and was a slow rising migration until the early 21st century when the Nepalese population in the U.S. accelerated. California ranks among the top destinations and Contra Costa County among jurisdictions with the highest demographic concentrations of Nepalese in California; and

WHEREAS, in 1994 Nepali immigrants living in the San Francisco Bay Area established the Nepali Association of Northern California to promote and preserve Nepali cultural traditions among the Nepali diaspora and to foster connections and cooperative relationships among Nepalese and American communities; and

WHEREAS, the City of Hercules is home to Asian diaspora from across the globe and honors the preservation of ethnic customs, values and traditions as a vital source for residents to take pride in their history; and

WHEREAS, the Hercules City Council wishes to acknowledge the accomplishments and contributions of Nepalese Americans in this City and the nation; and to all those who observe this holiday , wish you a Happy Nepali New Year 2083 BS and blessings of prosperity and good fortune.

NOW, THEREFORE, BE IT PROCLAIMED, that I, Chris Kelley, Mayor of the City of Hercules , on behalf of the entire City Council, do hereby recognize Tuesday, April 14, 2026, as Nepali Ne w Year 2083 BS in the City of Hercules and call upon residents to seek opportunities to learn about and celebrate this holiday.

In witness whereof, I have hereunto set my hand and caused the seal of the City of Hercules to be affixed this 14th day of April 2026.

__________________________________
Chris Kelley, Mayor
11 CONSENT CALENDAR

AGENDA ITEMS

1. 26-075

2. 26-073

3. 26-078

4. 26-077

5. 26-076
111 Civic Drive
Hercules, CA 94547City of Hercules
Meeting Minutes
City Council
Mayor Chris Kelley
Vice Mayor Alex Walker-Griffin
Council Member Dilli Bhattarai
Council Member Tiffany Grimsley
Council Member Dion Bailey
Patrick Tang, Interim City Manager
Christie Crowl, City Attorney
Eibleis Melendez, City Clerk
6:00 PMTuesday, March 24, 2026
CLOSED SESSION 6:00 P.M. REGULAR MEETING - 7:00 P.M
In-Person in Council Chambers or Via Zoom:

Zoom ID: 863 2378 1258 Zoom Passcode: 762371
Zoom Phone Number: 1-669-900-6833
I. SPECIAL CLOSED SESSION – CALL TO ORDER - ROLL CALL - 6:00 P.M A. CONSIDER AND TAKE ACTION ON ANY REQUEST FROM A COUNCIL MEMBER TO

PARTICIPATE IN A MEETING REMOTELY DUE TO JUST CAUSE OR EMERGENCY CIRCUMSTANCES PURSUANT TO AB 2449
Council Member Dilli Bhattarai, Council Member D. Bailey, Mayor C. Kelley, and Vice Mayor A. Walker-Griffin

Present: 4 -
Council Member T. GrimsleyAbsent: 1 -
II. PUBLIC COMMUNICATION - CLOSED SESSION ITEMS
NONE
III. CONVENE INTO CLOSED SESSION
The Hercules City Council will meet in Closed Session regarding the following:

City Attorney, Christie Crowl, announced the titles of the items to be discussed in Closed Session. Council and Staff convened into Closed Session.

1. 26-072

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(d)(1) - Bruce v. City of Hercules, et al.; United States District Court, Northern District, Case No. 4:25-cv-01297.

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13 March 24, 2026City Council Meeting Minutes

2. 26-071 Pursuant to Government Code section 54957: Public Employment (City Manager)
IV. REGULAR MEETING – CONVENE TO OPEN SESSION - ROLL CALL - 7:00 P.M.

Council Member Dilli Bhattarai, Council Member D. Bailey, Mayor C. Kelley, and Vice Mayor A. Walker-Griffin

Present: 4 -
Council Member T. GrimsleyAbsent: 1 -
V. REPORT ON ACTION TAKEN IN CLOSED SESSION
City Attorney, Christie Crowl, reported out that there was no final or reportable action in Closed Session.

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

VII. MOMENT OF SILENCE
Mayor Kelley requested a Moment of Silence for all of the American Service members and people that have lost their lives during the Middle East conflict.

VIII. INTRODUCTIONS/PRESENTATIONS/COMMISSION REPORTS

1. 26-055
Proclamation - American Red Cross Month
ProclamationAttachments:

Mayor Kelley read the proclamation and presented the proclamation to the American Red Cross representative. The representative thanked Council and provided a statement. Council made remarks. Photos were taken.

2. 26-063
BART Presentation - A Defining Year for BART
BART PresentationAttachments:

Barnali Ghosh, BART Board Director for District 3, presented. Council asked questions and Director Ghosh provided a response.

IX. AGENDA ADDITIONS/DELETIONS
NONE

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14 March 24, 2026City Council Meeting Minutes
X. PUBLIC COMMUNICATIONS
NONE
This time is reserved for members of the public to address issues not included in the agenda. In accordance with the Brown Act, Council will refer to staff any matters brought before them at this time, and those matters may be placed on a future agenda.

XI. PUBLIC HEARINGS

1. 26-062
Mandatory Garbage/Solid Waste Disposal - Delinquent Accounts RECOMMENDATION:

Conduct a Public Hearing and upon conclusion, consider adopting a Resolution confirming the report of delinquent accounts and placing liens on said properties and special assessments upon property taxes pursuant to City of Hercules Municipal Code Section 5-2.01 to 5-2.16, Mandatory Garbage/Solid Waste Disposal.

Staff Report - Garbage Liens
Attach 1- Resolution
Attach 2 - Lien List
Attachments:

City Clerk, Eibleis Melendez, presented the Staff Report. No question from Council. Mayor Kelley opened the Public Hearing. No Public Comment.

Mayor Kelley closed the Public Hearing. Action was taken on this item.

MOTION: A motion was made by Council Member Bhattarai, seconded by Vice Mayor Walker-Griffin, to adopt Resolution 26-017. The motion carried by the following vote:

Aye: Council Member Dilli Bhattarai, Council Member D. Bailey, and Mayor C. Kelley3 -

Absent: Council Member T. Grimsley1 -
Abstain: Vice Mayor A. Walker-Griffin1 -
XII. CONSENT CALENDAR
Council Member Bailey asked a claifying questions regarding Consent Calendar Item 6, Contra Costa County Library Commission Seat Appointment. Parks and Recreation Director, Christopher Roke, provided a response.

MOTION: A motion was made by Council Member Bailey, seconded by Vice Mayor Walker-Griffin, to adopt the Consent Calendar . The motion carried by the

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15 March 24, 2026City Council Meeting Minutes
following vote:

Aye: Council Member Dilli Bhattarai, Council Member D. Bailey, Mayor C. Kelley, and Vice Mayor A. Walker-Griffin
4 -

Absent: Council Member T. Grimsley1 -

1. 26-066 Meeting Minutes for the Special Closed Session of February 3, 2026 Meeting Minutes for the Special Closed Session Meeting of February 3, 2026
Attachments:

APPROVED

2. 26-070 Meeting Minutes for the Regular Meeting of February 24, 2026 Meeting Minutes of the Regular Meeting of February 24, 2026Attachments:

APPROVED

3. 26-064 2025 General Plan Annual Progress Report
RECOMMENDATION:

Approve the 2025 General Plan Annual Progress Report (APR).

Staff ReportAttachments:

APPROVED

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4. 26-065 2025 Annual Housing Element Progress Report
RECOMMENDATION:

Approve report for submittal to the 2025 Annual Housing Element Progress Report (Attachment 1) to the California Department of Housing and Community Development (HCD) and other applicable agencies.

Staff Report
Summary
Table A
Table A2
Table B
Table C
Table D
Table E
Table F
Table F2
Table G
Table H
Table J
Table K
Table L
LEAP Reporting
Attachments:

APPROVED

5. 26-056 Redevelopment Housing Successor Annual Report for Fiscal Year (FY) 2024-25
RECOMMENDATION:

Staff recommends that the City Council receive and file the Housing Successor Agency Annual Report for FY 2024-25.

Staff Report
Attach 1 - Hercules Housing Successor Annual Report FY 2024-25 Appendix 1 - Hercules Redevelopment Agency Housing Assets List Attachments:

APPROVED

6. 26-057 Contra Costa County Library Commission Alternate Seat Appointment RECOMMENDATION:

The Hercules Community & Library Services Commission recommends that the City Council appoint Wylendia Eastman to fill the City Representative Alternate Seat on the Contra Costa County Library Commission.

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Staff Report
Attach 1 - Ordinance 444
Attach 2 - CCC Library Commission By laws
Attachments:

APPROVED
XIII. DISCUSSION AND/OR ACTION ITEMS

1. 26-058 Budget Workshop: Fiscal Year 2026-27 Capital Projects Proposed Budget and Ten-Year Capital Improvement Projects Plan
RECOMMENDATION:

Staff recommends that the City Council receive a presentation and provide feedback on the proposed projects, funding allocations, and prioritization for the Fiscal Year (FY) 2026-27 Proposed Capital Projects Budget and the associated Ten-Year Capital Improvement Plan (CIP).

Staff Report - Budget Workshop - Ten Year CIP
Attach 1 - Ten-Year CIP Summary
Attach 2 - Ten-Year CIP - Facility Category
Attach 3 - Ten-Year CIP - Parks Category
Attach 4 - Ten-Year CIP - Sewer Category
Attach 5 - Ten-Year CIP - Street Category
Attach 6 - Ten Year CIP - Hercules HUB Category
Presentation
Attachments:

Finance Director, Gato introduced the item and Director Gato and Public Works Director, Glenn Dombeck, presented the Staff Report. No public comment. Council asked questions and provided comments. Director Dombeck and Director Gato provided a response. No Public Comment.

This was an informational item. No action was taken on this item.

2. 26-060
Proposition 218 Proceedings for Hercules Village Landscaping and Lighting Assessment District No. 2002-2
RECOMMENDATION:

City staff is requesting direction from City Council regarding the timing of Proposition 218 proceedings to increase annual assessments for the Hercules Village Landscaping and Lighting Assessment District No. 2002-2.

Staff ReportAttachments:

Public Works Director, Glenn Dombeck, presented the Staff Report.

Francisco and Associates was in attendance via Zoom to answer questions. Council asked questions and provided comment. Director Dombeck, Interim City Manager Patrick Tang, City Attorney Crowl and Francisco and Associates provided a response. No Public Comment.

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Direction was provided by Council. Action was taken on this item.

MOTION: A motion was made by Council Member Bailey, seconded by Vice Mayor Walker-Griffin, to move forward with Option 2, as proposed by Staff. The motion carried by the following vote:

Aye: Council Member Dilli Bhattarai, Council Member D. Bailey, Mayor C. Kelley, and Vice Mayor A. Walker-Griffin
4 -

Absent: Council Member T. Grimsley1 -
XIV. PUBLIC COMMUNICATIONS
NONE
This time is reserved for members of the public who were unavailable to attend the Public Communications period during Section X of the meeting, or were unable to speak due to lack of time. The public speaker requirements specified in Section X of this Agenda apply to this Section.

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XV. CITY COUNCIL/CITY MANAGER/CITY ATTORNEY ANNOUNCEMENTS,

COMMITTEE, SUB-COMMITTEE AND INTERGOVERNMENTAL COMMITTEE REPORTS

2. City Council Committees and Subcommittees
a. Econ. Dev. Subcommittee
b. Traffic and Public Safety Committee
c. East Bay Economic Development Alliance
d. Education Subcommittee

3. Commission Liaisons
a. Community & Library Services Commission
b. Finance Commission
c. Planning Commisison
Interim City Manager, Patrick Tang, provided a citywide departmental update. No announcements from City Attorney Crowl.

1. Regional Committees
Council Member Bailey reported out on the WestCat and Marin Clean Energy(MCE) board meetings. Mayor Kelley attended the Mayors Conference hosted by the City. She reported out on the Contra Costa Transportation Authority meeting.

2. City Council Committees and Subcommittees
No reports were provided

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3. Commission Liaisons
No reports were provided
Council Members also reported out on events that they attended through out the city and county, such as the Lunar New Year Parade and Bottle and Bites
There were no Future Agenda Item requests from Council.

XVI. ADJOURNMENT
Mayor Kelley adjourned the meeting at 9:02 pm.
_________________________________
Chris Kelley, Mayor
Attest:
_______________________________
Eibleis Melendez, City Clerk

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21 CO

NSENT CALENDAR

AGENDA ITEMS

2. 26-073
22 STAFF REPORT TO THE CITY COUNCIL

DATE: Regular Meeting of April 14, 2026
TO: Mayor and Members of the City Council
VIA: Patrick Tang, Interim City Manager
SUBMITTED BY: Timothy Rood AICP, Community Development Director Glenn Dombeck, Public Works Director / City Engineer
SUBJECT: Extension of Pre-Qualified Vendor lists until July 31, 2027 RECOMMENDED ACTION:

Staff recommends City Council approv al of a resolution extending the pre-qualified vendor lists for planning and engineering services for one (1) additional year, until July 31, 2027.

BACKGROUND:

Given staffing limitations, both the Engineering division of the Public Works Department and the Planning and Building divisions of the Community Development Department rely heavily on contract professional services to help process and review applications for large-scale projects, as well as to prepare long-term planning documents and design and manage capital improvement projects. The City’s costs for consultants engaged to review a development project are typically paid by the applicant through a deposit account.

Some projects may include the need for specialized construction administration and on - site inspection services. Often, the need for these services is immediate and without notice, so the time to enlist professional services could take up to two months if a formal Request for Proposals is issued (e.g. approximately one week to develop a scope of work, three to four weeks to advertise the need, and another two to three weeks to review proposals and award a contract).

To reduce the need for multiple Requests for Proposals and to shorten the timeframe to award contracts, the City’s practice for many years has been to establish a list of 23 prequalified consultants. Such lists were approved by the City Council in 2014, 2018, and 2023. If an approved list of service providers is approved by the City Council, City staff may contract on an as -needed basis with any approved service provider in accordance with the City’s Purchasing Guidelines.

An extensive and broadly advertised Request for Qualifications process initiated in March 2023 resulted in 55 submittals. Following a lengthy review process, staff recommended a list of qualified vendors for various types of planning and engineering services.

At their regular meeting on June 13, 2023, the City Council approved Resolution No. 23- 029 approving the staff-recommended list of qualified vendors for planning -related and engineering-related services through June 30, 2026. (Attachments 2 and 3). Since that time, the Community Development Department has contracted with seven of the 27 vendors on the Planning Services list, and the Public Works Department has contracted with 14 of the 23 vendors on the Engineering Services list. Some vendors qualified for both types of services and thus appear on both lists.

City staff have carefully reviewed the lists and believe that they still represent a broad range of qualified professional vendors well-suited to provide as-needed services to the City. In addition, the re is no requirement in the Purchasing Guidelines or otherwise th at precludes the City from extending the list.

Staff is currently revising and clarifying the City’s Purchasing Guidelines , which, when finalized, will clarify the process by which the City utilizes the prequalified vendor list. The proposed extension will allow time for the Purchasing Guidelines update to be completed while maintaining continuity of professional services.

ANALYSIS:

Staff recommend extending the current lists of pre -qualified Planning and Engineering Services vendors for one additional year, until July 31, 2027 . Staff from Planning, Building, and Engineering divisions of Community Development and Public Works Departments anticipate approval of the new Procurement Policy by July 31, 2027 and find that the proposed extension is reasonable to provide the time needed to complete the review and adoption processes. The existing lists of Pre-Qualified Vendors for Planning- Related Services (Attachment 2) and Engineering -Related Services (Attachment 3) are attached.

Utilizing lists of prequalified vendors does not prohibit the City of Hercules from issuing future Request for Proposals if necessary. All vendors would remain subject to the terms of the City’s standard contract as well as the City’s nepotism/cronyism policy, which have been made available to all vendors.

24 FISCAL IMPACT:

There is no fiscal impact associated with this action. Expenditure authorizations will be requested at the time services are needed and in accordance with the City’s Purchasing Guidelines and Municipal Code. Most services are likely to be required for processing development projects, which are generally funded by developers as part of their entitlement review process.

ATTACHMENTS:

Attach 1 – Resolution Extending Pre-Qualified Vendor Lists Until July 31, 2027 Attach 2 – Existing List of Pre-Qualified Vendors for Planning-Related Services Attach 3 – Existing List of Pre-Qualified Vendors for Engineering-Related Services 25

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HERCULES CITY COUNCIL
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERCULES

AUTHORIZING THE EXTENSION OF THE APPROVED LISTS OF QUALIFIED

VENDORS FOR PLANNING-RELATED AND ENGINEERING-RELATED SERVICES UNTIL JULY 31, 2027.

WHEREAS, the C ity relies on professional planning services (including city planning, environmental and technical planning, architecture and urban design, landscape architecture, historic preservation, and fiscal analysis services) and on professional engineering-related services (including civil engineering, surveying, construction management, construction inspection, geotechnical engineering, traffic engineering, stormwater, assessment district engineering, structural engineering, environmental remediation, design and monitoring, and wastewater engineering); and

WHEREAS, in 2023, the City issued a request for qualifications from companies offering professional planning and engineering services, and from responses to that RFQ, City staff recommended a list of qualified consultants; and

WHEREAS, at their regular meeting on June 13, 2023, the City Council approved the lists of qualified consul tants with the adoption of Resolution No. 23-029 for planning-related and engineering-related services; and

WHEREAS, the City Council’s approval of the lists of qualified con sultants was valid for three years, through June 30, 2026; and

WHEREAS, City staff recommends that the City of Hercules re-authorize for one year, until July 31, 2027, the qualified vendor lists with firms that provide these services to expedite the delivery of capital improvement projects and review of private development projects; and

WHEREAS, the staff is updating the City’s Purchasing Guidelines. The one year vendor list extension will allow for the completion of the Purchasing Guidelines, which may clarify the use of the vendor lists; and

WHEREAS, City staff is not requesting any funding at this time because funding authorizations will be requested at the time the services are needed, in accordance with the City’s purchasing guidelines; and

WHEREAS, extension of the pre-qualified vendor list through July 31, 2027 does not prohibit the City of Hercules from issuing future Requests for Proposals and/or Qualifications if necessary.

Page 2 ends

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hercules hereby approves for one additional year , until July 31, 2027, the lists of qualified vendors for planning services (Exhibit A), including environmental and technical planning, transportation planning, architecture and urban design, landscape architecture, historic preservation, and fiscal analysis services ; and for engineering- related services (Exhibit B), including civil engineering, surveying, construction management, construction inspection, geotechnical engineering, traffic engineering, stormwater, assessment district engineering, structural engineering, environmental remediation, design and monitoring, and wastewater engineering.

The foregoing Resolution was duly adopted at a regular meeting of the City Council of the City of Hercules held on the 14th day of April, 2026, by the following vote of the Council:

AYES:

NOES:

ABSTAIN:

ABSENT:

Chris Kelley, Mayor

ATTEST:

Eibleis Melendez, City Clerk

EXHIBITS:

Exhibit A. List of Pre-Qualified Vendors for Planning-Related Services Exhibit B. List of Pre-Qualified Vendors for Engineering-Related Services 27 June 13, 2023

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Qualified Planning-Related Vendor List
by Type of Service
July 2023 through June 2026

Planning
 HDR
 M Group
 MIG
 Opticos Design
 PlaceWorks
 Raimi + Associates
 Rincon Consultants

Environmental & Technical Planning
 CSG
 SWCA
 FirstCarbon Solutions
 LSA
 Rincon Consultants
 Urban Planning Partners

Building Construction and Inspection
 West Coast Code Consultants (WC3)
 CSG
 Swinerton
 Interwest Group
 4Leaf.Inc

Architecture & Urban Design
 Sargent Town Planning
 Opticos Design
 SERA
 CD+A
 ELS Architects

Landscape Design
 CSW Stuber Stroeh Engineers
 SERA
 Gates + Associates

Historic Preservation
 Interactive Resources
 SWCA
 Rincon Consultants
 M Group

Fiscal Analysis
 RSG

Attachment 2
28 June 13, 2023

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Qualified Engineering-Related Vendor List
by Type of Service
July 2023 through June 2026

General Civil Engineer
 Bellecci & Associates
 Consor North America
 BKF
 HDR
 CSW/ST2

Surveying
 Bellecci & Associates
 dk Engineering
 CWS/ST2
 Sandis

Capital Improvement Project Management
 Mercurio Engineering
 SNG & Associates

Construction Management & Inspection
 WSP – Parsons Brinckerhoff
 BKF
 Bellecci & Associates

Geotechnical Engineering
 ENGEO
 Ninyo & Moore

Traffic Engineering
 Kimley Horn
 TJKM
 DKS
 Kimley-Horn
 W-Trans

Building Inspection & Management
 4Leaf
 CSG

Assessment District Engineering
 Francisco & Associates

Environmental Engineering & Permitting
 HDR
 Restoration Design Group
 Northgate

Specialized Engineering (All Associated Tasks)
 West Yost (Wastewater)
 Kennedy (Stormwater)
 Carollo (Wastewater)

Private Development Plan Checking
 SNG & Associates
 BKF
 CSW/ST2
Attachment 3
29 June 13, 2023

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 dk Engineering
30 CO

NSENT CALENDAR

AGENDA ITEMS

3. 26-078
31 STAFF REPORT TO THE CITY COUNCIL

DATE: Regular Meeting of April 14, 2026
TO: Mayor and Members of the City Council
VIA: Patrick Tang, Interim City Manager
SUBMITTED BY: Glenn Dombeck, Public Works Director/City Engineer SUBJECT: Adopt a resolution of the City Council of the City of Hercules approving a Memorandum of Understanding (MOU) between West Contra Costa Integrated Waste Management Authority
(RecylceMore), a Joint Powers Authority, and the City of Hercules regarding implementation of Senate Bill 1383 regulatory requirements; and authorizing the City Manager to execute the MOU
RECOMMENDED ACTION:

Approve the MOU between the City of Hercules and RecycleMore to implement SB 1383 requirements, and authorize the City Manager to execute the MOU.

BACKGROUND:

SB 1383 (Lara, 2016) set a statewide goal for the reduction of certain emissions through diversion of organic waste away from landfills, with goals to reduce organic waste landfill disposal by 75% by 2025. Jurisdictions are required under SB 1383 to provide organic waste services, including but not limited to organic waste collection, edible food recovery programs, education and outreach, and monitoring and enforcement. SB 1383 designates the California Department of Resources Recycling and Recovery (CalRecycle) as the regulatory authority to oversee local programs implemented to achieve these organic waste disposal reduction targets.

The City of Hercules is a member agency of the West Cont ra Costa Integrated Waste Management Authority, a California joint powers authority (RecycleMore). RecycleMore is responsible for implementing most State -mandated recycling and organics programs 32 in West Contra Costa County and is willing to expand its current scope to achieve compliance with the new requirements of SB 1383 on behalf of its member agencies.

ANALYSIS:

The City of Hercules has been working with RecycleMore staff to update the Memorandum of Understanding (MOU) between the City of Hercules and RecycleMore to establish roles, responsibilities, and requirements regarding the implementation of SB 1383 as required by the State of California and regulated by CalRecycle. The proposed MOU retains the same overall structure and obligations of the p roposed MOU.

RecycleMore is required to implement the following requirements of SB 1383:

1. Education and Outreach

2. Reporting and Recordkeeping

3. Edible Food Recovery Programs

4. Organic Waste Processing Capacity and Diversion Planning

5. Receipt and Investigation of Complaints

6. Inspection and Enforcement Program

7. Managing Waiver Policy

The City of Hercules is required to:

1. Adopt enforceable Ordinance(s) (completed in 2021)

2. Require haulers to implement SB 1383 compliance elements (i.e., collection, containers, monitoring, etc.) (completed as part of the Collection Agreement)

3. Container labels compliant with SB 1383 (completed as part of the Collection Agreement)

4. Approve SB 1383 Waivers (ongoing)

5. Develop and implement an Environmentally Preferable Purchasing Policy compliant with SB 1383 (ongoing)

6. Procure organic waste products in compliance with SB 1383 (ongoing)

7. Report and record-keep for City-required obligations (ongoing)

8. Various enforcement issues (ongoing)

CalRecycle conducts oversight and enforcement on local jurisdictions to achieve SB 1383 requirements. The City of Hercules is thus subject to CalRecyle compliance evaluations.

The proposed MOU enables RecycleMore to leverage its specialized expertise to comply with the new SB 1383 requirements while imposing m inimal strain on the City's already limited staffing resources.

CalRecycle has requested that the City and RecycleMore finalize this MOU as the City is expected to be audited for SB 1383 compliance in 2026. The City expects RecycleMore to approve this SB 1383 MOU at its May 2026 Board meeting.

33 FISCAL IMPACT:

The financial resources allocated for the services specified in the MOU will be primarily obtained from the pre -established Solid Waste post -collection rates and franchise fees generated by the Solid Waste and Recycling. Therefore, it is important to note that there is no financial impact to the City at this time, as these funds are already in place to support the necessary operations.

ATTACHMENTS:

Attachment 1 Resolution
Attachment 2 Group Program Inspection Agreement (Final Draft) 34 HERCULES CITY COUNCIL
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERCULES

APPROVING A MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN WEST

CONTRA COSTA INTEGRATED WASTE MANAGEMENT AUTHORITY
(RECYCLEMORE), A JOINT POWERS AUTHORITY, AND THE CITY OF HERCULES REGARDING IMPLEMENTATION OF SENATE BILL 1383 REGULATORY REQUIREMENTS; AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE MOU

WHEREAS, this proposed action is not a project as defined by CEQA;

WHEREAS, Senate Bill 1383 (SB 1383) se ts a statewide goal for the reduction of short-lived climate pollutants; and

WHEREAS, jurisdictions are required under SB 1383 to provide organic waste services such as, but not limited to, organic waste collection, edible food recovery programs, education and outreach, and monitoring and enforcement; and

WHEREAS, SB 1383 designates the California Department of Resources Recycling and Recovery (CalRecycle) as the regulatory authority to achieve these organic waste disposal reduction targets; and

WHEREAS, the City of Hercules is a member agency of the West Contra Costa Integrated Waste Management Authority (RecycleMore), a California joint powers authority; and

WHEREAS, RecycleMore is responsible for implementing most State-mandated recycling and organics programs in West Contra Costa County and is willing to expand its current scope to achieve compliance with the new requirements of SB 1383 on behalf of its member agencies; and

WHEREAS, the City of Hercules staff has been working with RecycleMore staff to develop an updated Memorandum of Understanding (MOU) between the City of Hercules and RecycleMore to establish roles, responsibilities, and requirements regarding the implementation of SB 1383 as required by the State of California and regulated by CalRecycle; and

WHEREAS, CalRecycle conducts oversight and enforcement on local jurisdictions to achieve compliance with SB 1383 requirements, and thus the City of Hercules is subject to compliance evaluations; and

WHEREAS, the proposed MOU enables RecycleMore to leverage its specialized expertise to comply with the new SB 1383 requirements while imposing minimal strain on the City's already limited staffing resources.
35 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hercules as follows:

1. The City of Hercules City Council hereby approve s the Memorandum of Understanding (MOU) between West Contra Costa Integrated Waste Management Authority (RecycleMore) and the City of Hercules regarding the implementation of SB 1383 regulatory requirements attached hereto as Exhibit A and incorporated herein.

2. The City of Hercules City Council hereby authorizes and directs the City of Hercules City Manager to execute the MOU on behalf of the City of Hercules in a form in substantial compliance with Exhibit A.

The foregoing Resolution was duly and regularly adopted at a regular meeting of the City Council of the City of Hercules held on the 14th day of April, 20 26 by the following vote of the Council:

AYES:

NOES:

ABSTAIN:

ABSENT:

____________________________
Chris Kelley, Mayor

ATTEST:

________________________________
Eibleis Melendez, City Clerk
36 SB 1383 MOU 1

Memorandum of Understanding
Between West Contra Costa Integrated Waste Management Authority and the City of Hercules Regarding Implementation of SB 1383 Regulations

This Memorandum of Understanding (“MOU”) is made this day of _______________, 2026 (“Effective Date”) by and between the CITY OF HERCULES (“Hercules”), a municipal corporation hereinafter referred to as “City” and the WEST CONTRA COSTA INTEGRATED WASTE MANAGEMENT AUTHORITY, a California joint powers authority (“Authority”) (individually “Party” and collectively “Parties”).

RECITALS
A. The Authority is a joint powers authority established pursuant to the California Joint Exercise of Powers Act (Gov. Code §§ 6500 et seq.) pursuant to the Joint Exercise of Powers Agreement (“JEPA”); and
B. The City is a party to the JEPA and has entered into a franchise agreement with a solid waste collection services provider (“Provider”) for the collection of Solid Waste (the “Franchise Agreement”). The Franchise Agreement provides for certain rights and delegated authorities to the respective solid waste service provider; and C. The Authority operates certain core programs on behalf of and for the benefit of its Member Agencies, including but not limited to providing education regarding recycling, composting, and other methods of waste diversion, and conducting, preparing, and submitting all monitoring and reporting pursuant to the California Integrated Waste Management Act (California Public Resources Code §§ 40000 et seq.); and D. Senate Bill (SB) 1383, the Short-lived Climate Pollutants Reduction Act (2016) (which added Sections 39730.5, 39730.6, and 39730.8 to the Health and Safety Code, and added Chapter 13.1 (commencing with Section 42652) to Part 3 of Division 30 of the Public Resources Code, as amended, supplemented, superseded, and replaced from time to time) (“SB 1383”), sets statewide organic waste disposal reduction targets of 50 percent by 2020 and 75 percent by 2025, based on the 2014 organics waste disposal baseline, set forth in Section 39730.6 of the Health and Safety Code, and requires the California Department of Resources Recycling and Recovery (“CalRecycle”) to develop regulations to reduce organics in landfills as a source of methane; and E. CalRecycle adopted the SB 1383 Regulations that created a new Chapter 12 (Short-lived Climate Pollutants) of Division 7 of Title 14 of the California Code of Regulations and amended portions of regulations of Title 14 CCR and Title 27 CCR (“SB 1383 Regulations”). The SB 1383 Regulations impose requirements on counties, cities, residential households, commercial businesses (including multi-family residential dwellings), commercial edible food generators, haulers, self-haulers, food recovery organizations, and food recovery services to support achievement of statewide organic waste disposal reduction targets; and F. The SB 1383 Regulations require cities and counties, among other things, to adopt and enforce a mechanism to implement relevant provisions of the SB 1383 Regulations concerning regulation of organic waste collection services, generators of organic waste, waste 37 SB 1383 MOU 2

haulers, and generators, and processors of edible food, together with enforcement mechanisms and administrative civil penalties for violations of local regulations; and G. The SB 1383 Regulations also require cities and counties, among other things, to implement programs requiring organic waste generators and waste haulers to meet minimum standards for organic waste collection services, inspect waste containers for prohibited contamination of materials, provide education and outreach information to organic waste generators, report to CalRecycle on compliance with SB 1383 Regulations, and maintain records of compliance with SB 1383 Regulations; and
H. The Provider has developed programs for Organics Waste collection as required by the Franchise Agreement and applicable law; and
I. Pursuant to 14 CCR 18981.2(b), cities and counties may designate a public or private entity to fulfill their SB 1383 obligations to adopt an enforceable mechanism through a MOU. However, 14 CCR 18981.2(c) specifies that cities and counties shall remain ultimately responsible for compliance with SB 1383 Regulations; and J. The Parties previously entered into an MOU that designated certain roles and responsibilities that the Authority assumed on behalf of the City to implement the SB 1383 Regulations under the terms and conditions as set forth herein, and the Parties now desire to enter into a revised agreement consistent with the terms of MOUs of the Authority’s other member agencies.

NOW, THEREFORE, in consideration of the foregoing, the Parties hereby agree as follows:

AGREEMENT

1. Recitals. The foregoing recitals are true and correct and hereby incorporated herein.

2. Term. This MOU shall commence on the Effective Date and remain in full force and effect until terminated as set forth in Section 10.

3. Definitions.
(a) “Authority” means the West Contra Costa Integrated Waste Management Authority.
(b) “Back-haul” means generating and transporting Organic Waste to a destination owned and operated by the generator using the generator’s own employees and equipment, or as otherwise defined in 14 CCR Section 18982(a)(66)(A) or successor regulation. (c) “Blue Container” shall have the same meaning as in 14 CCR Section 18982.2(a)(5) or successor regulation. The Parties acknowledge that the City may use the term “Recycling Container” in its ordinances to refer to what are defined as Blue Containers herein. (d) “California Code of Regulations” or “CCR” means the State of California Code 38 SB 1383 MOU 3

of Regulations. CCR references in this MOU are preceded with a number that refers to the relevant Title of the CCR (e.g., “14 CCR” refers to Title 14 of CCR). (e) “CalRecycle” means the California State Department of Resources Recycling and Recovery, which is the state agency designated with responsibility for developing, implementing, and enforcing the SB 1383 Regulations among other duties. (f) “City” means the City of Hercules.
(g) “City Representative” means the City Manager or the City Manager’s designee. (h) “Commercial Business” or “Commercial” means a firm, partnership, proprietorship, joint-stock company, corporation, or association, whether for-profit or nonprofit, strip mall, industrial facility, or a Multifamily Residential Dwelling, or as otherwise defined in 14 CCR Section 18982(a)(6) or successor regulation. A Multi-Family Residential Dwelling that consists of fewer than five (5) units is not a Commercial Business for purposes of this MOU. (i) “Commercial Edible Food Generator” includes a Tier One or a Tier Two Commercial Edible Food Generator as defined in 14 CCR 18982(a)(73) and (a)(74) or successor regulation. For the purposes of this definition, Food Recovery Organizations and Food Recovery Services are not Commercial Edible Food Generators pursuant to 14 CCR Section 18982(a)(7) or successor regulation.
(j) “Compliance Review” means a review of records by an Enforcement Agency to determine compliance with SB 1383 Regulations.
(k) “Container Contamination” or “Contaminated Container” means a container, regardless of type or color, that contains Prohibited Container Contaminants, or as otherwise defined in 14 CCR Section 18982(a)(55) or successor regulation. (l) “County” means the County of Contra Costa.
(m) “Database” means the existing database tracking system (or similar system that may be acquired or created in the future) that the City and Authority share for the purposes of complying with various state laws concerning solid waste handling. (n) “Edible Food” means food intended for human consumption, or as otherwise defined in 14 CCR Section 18982(a)(18) or successor regulation. For the purposes of this MOU or as otherwise defined in 14 CCR Section 18982(a)(18) or successor regulation, Edible Food is not Solid Waste if it is recovered and not discarded. Nothing herein requires or authorizes the recovery of Edible Food that does not meet the food safety requirements of the California Retail Food Code, as codified in the Health and Safety Code Section 113700, et seq. or successor statute.
(o) “Enforcement Action" means an action of the relevant Enforcement Agency to address non-compliance with SB 1383 Regulations including, but not limited to, issuing administrative citations, fines, penalties, or other remedies. 39 SB 1383 MOU 4

(p) “Enforcement Agency” means an entity with the authority to enforce part or all of SB 1383 Regulations as specified herein. The Authority and the City are each an Enforcement Agency.
(q) “Food Recovery Organization” means an entity that engages in the collection or receipt of edible food from Commercial Edible Food Generators and distributes that edible food to the public for food recovery either directly or through other entities or as otherwise defined in 14 CCR Section 18982(a)(25) or successor regulation.
(r) “Food Recovery Services” means a person or entity that collects and transports edible food from a Commercial Edible Food Generator to a Food Recovery Organization or other entities for food recovery or as otherwise defined in 14 CCR Section 18982(a)(26) or successor regulation.
(s) “Generator” means a person or entity that is responsible for the initial creation of Organic Waste, or as otherwise defined in 14 CCR Section 18982(a)(48) or successor regulation. (t) “Gray Container” shall have the same meaning as defined in 14 CCR Section 18982(a)(28) or successor regulation. The Parties acknowledge that the City may use the term “Garbage Container” or “Landfill Container” in its ordinances to refer to what are defined as Gray Containers herein.
(u) “Green Container” shall have the same meaning as defined in 14 CCR Section 18982(a)(29) or successor regulation and shall be used for the purpose of storage and collection of Organic Waste. The Parties acknowledge that the City may use the term “Organics Container” or “Compost Container” in its ordinances to refer to what are defined as Green Containers herein.
(v) “Hauler” means a person or entity who collects Organic Waste from a Generator and delivers it to a reporting entity, end user, or a destination outside of the state. “Hauler” includes public contract haulers, private contract haulers, and Self-Haulers. A person who transports material from a reporting entity to another person is a transporter, not a hauler. (w) “Hauler Route” means the designated itinerary or sequence of stops for each segment of City’s collection service area, or as otherwise defined in 14 CCR Section 18982(a)(31.5) or successor regulation.
(x) “Implementation Record” means all records, physical or electronic, that must be stored in one central location and are required by the SB 1383 Regulations. (y) “Inspection” means an Enforcement Agency’s electronic or on-site review of records, containers, and an entity’s collection, handling, recycling, or landfill disposal of Organic Waste or Edible Food handling to determine if the entity is complying with requirements set forth in the SB 1383 Regulations, or as otherwise defined in 14 CCR Section 18982(a)(35) or successor regulation.
(z) “Member Agencies” mean the parties to the JEPA. Current Member Agencies are the cities of El Cerrito, Hercules, Pinole, Richmond and San Pablo. The Member Agency 40 SB 1383 MOU 5

boundaries for the purpose of this MOU are the legal boundaries of each of the incorporated municipalities.
(aa) “Organics,” or “Organic Waste” means Solid Waste containing material originated from living organisms and their metabolic waste products, including but not limited to food, green material, landscape and pruning waste, organic textiles and carpets, lumber, wood, Paper Products, Printing and Writing Paper, manure, biosolids, digestate, and sludges or as otherwise defined in 14 CCR Section 18982(a)(46) or successor regulation. Biosolids and digestate are as defined by 14 CCR Section 18982(a) or successor regulation. (bb) “Paper Products” include, but are not limited to, paper janitorial supplies, cartons, wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and toweling, or as otherwise defined in 14 CCR Section 18982(a)(51) or successor regulation. (cc) “Printing and Writing Paper” include, but are not limited to, copy, xerographic, watermark, cotton fiber, offset, forms, computer printout paper, white wove envelopes, manila envelopes, book paper, note pads, writing tablets, newsprint, and other writing papers, posters, index cards, calendars, brochures, reports, magazines, and publications, or as otherwise defined in 14 CCR Section 18982(a)(54) or successor regulation. (dd) “Prohibited Container Contaminants” includes all of the following: (i) materials placed in the Blue Container that are not identified as acceptable source separated recyclable materials for the Blue Container; (ii) materials placed in the Green Container that are not identified as acceptable source separated Green Container Organic Waste; (iii) materials placed in the Gray Container that are acceptable source separated recyclable materials that can be placed in the Blue Container and/or acceptable source separated Green Container Organic Waste; and (iv) Excluded Wastes, as that phrase is defined in Hercules Municipal Code section 5-2, placed in any container.
(ee) “Route Review” means a visual Inspection of containers along a Hauler Route for the purpose of determining Container Contamination, and may include mechanical or electronic Inspection methods such as the use of cameras, or as otherwise defined in 14 CCR Section 18982(a)(65) or successor regulation.
(ff) “SB 1383 Regulations,” means Chapter 12 (Short-lived Climate Pollutants) of Division 7 of Title 14 of the California Code of Regulations and amended portions of regulations of Title 14 CCR and Title 27 CCR or successor regulation. Regulatory references to specific sections listed in the MOU shall be to the SB 1383 Regulations, unless specifically noted otherwise.
(gg) “Self-Hauler” means a person, who hauls Solid Waste, Organic Waste or recyclable material he or she has generated to another person. Self-Hauler also includes a person who back-hauls waste, or as otherwise defined in 14 CCR Section 18982(a)(66) or successor regulation.
(hh) “Solid Waste” has the same meaning as defined in Public Resources Code Section 40191 or successor regulation, which defines Solid Waste as all putrescible and non- putrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, 41 SB 1383 MOU 6

ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semi-solid wastes, and other discarded solid and semisolid wastes, with the exception that Solid Waste does not include any of the following wastes:
(i) Hazardous waste, as defined in the Public Resources Code Section 40141 or successor statute.
(ii) Radioactive waste regulated pursuant to the State Radiation Control Law (Chapter 8 (commencing with Section 114960) of Part 9 of Division 104 of the Health and Safety Code) or successor statute.
(iii) Medical waste regulated pursuant to the State Medical Waste Management Act (Part 14 (commencing with Section 117600) of Division 104 of the Health and Safety Code).

Untreated medical waste shall not be disposed of in a Solid Waste landfill, as defined in Public Resources Code Section 40195.1 or successor statute. Medical waste that has been treated and deemed to be Solid Waste shall be regulated pursuant to Division 30 of the Public Resources Code or successor statute.

4. Authority Responsibilities. The City hereby delegates to the Authority, and the Authority hereby accepts, the responsibilities enumerated in this Section 4 for compliance with the provisions of SB 1383 Regulations to the extent allowed by law and as specified herein. The Authority intends to approve concurrently herewith or has approved MOUs with the other Member Agencies in which it is accepting or has accepted nearly identical delegation of responsibilities from the other Member Agencies (the “Other MOUs”). It is the Authority’s desire to cost-effectively administer responsibilities so delegated, which may require doing so uniformly across all of the Member Agencies, so far as is feasible under the specific circumstances prevailing in each Member Agency. Notwithstanding anything to the contrary in the foregoing, it shall be within the Authority’s sole discretion to determine the manner in which it fulfills its responsibilities within each jurisdiction, including whether the performance of responsibilities is administered uniformly or not. In furtherance of this intent, the Authority, in consultation with the Member Agencies, has developed a Workplan, attached as Exhibit A and hereby incorporated by reference, that details the manner in which it will initially perform its responsibilities under this MOU and the Other MOUs. The Workplan includes a column entitled “Requirement,” and the activities listed in that column, and the columns identifying the party responsible for a requirement and whether the work related to a requirement has been delegated in whole or in part to a third party (collectively the “requirements”), are the ways and means of carrying out the responsibilities. Each year, in conjunction with the Annual Budget and more often if needed, the Authority Board shall consider and approve, subject to Member Agency approval, any necessary changes to the Workplan, including any amendments to align the Workplan with the Annual Budget. The Workplan is intended to be a flexible framework that can be revised from time to time as may be necessary or prudent. The Parties agree that amendments to the Workplan may necessitate amendments to the MOU, Should State regulatory authorities make changes to, or change interpretations of, requirements under SB 1383, or any other controlling law or regulation, that necessitate changes to the MOU and/or the Workplan to ensure compliance, or should the Parties agree that changes to the Workplan and MOU are 42 SB 1383 MOU 7

necessary, the Executive Director and the City Manager may, but are not required to, administratively amend the MOU and Workplan (an “Administrative Amendment”) to the extent required to ensure compliance and memorialize related agreements made between the Parties.

The Parties agree that an Administrative Amendment to the MOU or Workplan shall not result, directly or indirectly, in the Authority ceasing or substantially failing to perform any of the responsibilities delegated to and accepted by the Authority pursuant to this MOU. In the event that an Administrative Amendment to the MOU or Workplan is authorized, as set forth in this paragraph, and the Administrative Amendment to the Workplan would require the addition of a new Requirement, the City shall have the option to be the responsible party for that new Requirement.

The Parties agree that, to the extent permitted by law or regulation, the Authority may perform its responsibilities using its own staff or by contracting with public and private entities according to its Board-approved procurement policy and all applicable State laws. If the Authority contracts with any public or private entity to perform its responsibilities prescribed in this MOU, the Authority shall notify City and provide contact information for the contracted entity. Whenever the Workplan is changed, the Authority shall provide the City with an updated version of the Workplan within ten (10) calendar days.
(a) Education and Outreach. The Authority shall conduct the following education and outreach on behalf of the City:
(i) Generators. Prior to February 1, 2022 and thereafter, the Authority shall make available to Generators, through print and/or electronic media and maintain on its website, the information required pursuant to 14 CCR Sections 18985.1 and 18985.2 or successor regulation. The Authority shall translate such information into Spanish where feasible. The Authority shall update such information as necessary, but at least annually. Prior to disseminating any materials under this paragraph, Authority shall provide the materials to, and obtain approval of the materials from, the City Representative. Each Party shall cooperate in good faith regarding the delivery, review, and approval of materials to be disseminated pursuant to this Section, including delivering the materials for review and approval, delivering comments on the materials, and responding to such comments.
(ii) City Procurement Target. The Authority shall annually notify the City of its Organic Waste product procurement target, as required and determined by CalRecycle. Before CalRecycle releases the official procurement targets for City, the Authority shall assist City in calculating estimates of the procurement targets pursuant to 14 CCR 18993.1 or successor regulation. In addition, the Authority will assist with the City’s procurement of recovered organic waste products pursuant to the related terms and conditions included in Authority’s Post- Collection Agreement with Republic Services and funding approved by its Board of Directors. (iii) City Educational Activities. Nothing herein is intended to limit the City’s ability to educate the public about solid-waste handling and recycling. However, it is the Parties intent to ensure consistency of messaging. In furtherance of that intent, the City shall, prior to disseminating any materials that may duplicate or overlap with Authority responsibilities, provide the materials to the Authority for its review prior to its dissemination. Each Party shall cooperate in good faith regarding the delivery and review of materials to be disseminated pursuant to this Section, including delivering the materials for review and approval, delivering 43 SB 1383 MOU 8

comments on the materials, and responding to such comments. (b) Reporting and Recordkeeping. The Authority shall conduct the following reporting and recordkeeping services on behalf of City:
(i) Organics Capacity and Edible Food Recovery. The Authority shall submit reports for Organics processing capacity and Edible Food recovery planning requirements to the County within 120 days of the County’s request as required by 14 CCR 18992.3 or successor regulation.
(ii) Implementation Record. The Authority shall be responsible for maintaining the City’s Implementation Record, and making it available to CalRecycle, in accordance with 14 CCR Sections 18985.3 and 18995.2 or successor regulation. The Authority shall endeavor to obtain all records required by Chapter 12 and include them in the Implementation Record, and the City shall reasonably cooperate with the Authority in obtaining such records from the City and third parties, including creating such records if necessary.

Authority shall provide City with ongoing access to the Implementation Record, whether it be electronic, paper, and/or cloud-based, through the term of this MOU. In the event that the CalRecycle requests access to the Implementation Record, the Authority shall promptly advise the City of the request. The Authority shall provide the Implementation Record to the City upon termination of this MOU.
(iii) Compliance and Annual Reports. The Authority shall submit the initial City compliance report and City annual reports to CalRecycle as required by 14 CCR 18994.1 and 18994.2 or successor regulation. Authority shall provide a draft copy of such reports to the City Representative for its review and approval at least fourteen (14) calendar days prior to the applicable reporting deadlines set forth in these sections, and City Representative shall meet and confer with Authority within seven (7) calendar days after receiving the draft copy of the report or the reports shall be considered approved by City for submittal to CalRecycle. (c) Edible Food Recovery Programs. The Authority shall coordinate and implement the SB 1383 Regulations’ edible food recovery program requirements to which jurisdictions are subject under 14 CCR §§ 18991.1–18991.2 or successor regulation. The Parties agree that these requirements may be wholly or partially satisfied by agreement with the County or other third parties. The Authority’s duties shall include, but are not limited to: assessment of existing capacity for Edible Food recovery, establishing an Edible Food recovery program, inspection of Commercial Edible Food Generators for compliance, and education and outreach to all businesses, residents, Commercial Edible Food Generators, and any other entities or parties required by law.
(d) Organic Waste Processing Capacity and Diversion Planning. The Authority shall itself or in conjunction with the County estimate existing Organics processing and Edible Food recovery capacities available pursuant to 14 CCR 18992.1 and 18992.2 or successor regulation.

If it is found that either are lacking, the Authority shall assist City in creating an implementation plan to expand capacity.
(e) Receipt of Complaints. The Authority shall be responsible for receiving all 44 SB 1383 MOU 9

written complaints of alleged SB 1383 Regulations violations relating to Generators, Haulers, Food Recovery Organizations and Food Recovery Services and Self-Haulers occurring or having occurred within City’s jurisdiction (“Complaints”). Such Complaints shall include all of the following information in accordance with 14 CCR 18995.3 or successor regulation:
(i) If the Complaint is not anonymous, the name and contact information of the complainant;
(ii) The identity of the alleged violator, if known;
(iii) A description of the alleged violation including location(s) and all other relevant facts known to the complainant;
(iv) Any relevant photographic or documentary evidence to support the allegations in the Complaint; and
(v) The identity of any witnesses, if known.

If the Authority receives a complaint, it shall forward a copy to City within ten (10) working days of receipt and document the complaint in the Database. (f) Investigation of Complaints. Where a Complaint: 1) meets the requirements of Section 4(e); and 2) the Authority determines that the allegations, if true, would constitute a violation of SB 1383 Regulations, it shall function as the Enforcement Agency for the purposes of investigation and commence an investigation within ninety (90) calendar days of receiving such Complaint. The Authority may collaborate with City and/or a Hauler in such investigation where appropriate. It shall not be appropriate to collaborate with a Hauler where it is the subject of the Complaint. The Authority may decline to investigate a Complaint if, in its judgment, investigation is unwarranted because the allegations are contrary to facts known to it. (i) Where the Authority has investigated or declined to investigate a non- anonymous Complaint, it shall notify the complainant regarding the results of the investigation through the contact information provided by the complainant. It shall provide a copy of such notice to the City within ten (10) working days of receipt and document the notice in the Database.
(ii) The Authority shall maintain records of all Complaints received in compliance with Section 4(e) and responses provided in compliance with this subsection in the Implementation Record. The records shall include the Complaint as received and the Authority’s determination of compliance or Notice of Violations issued. (g) Enforcement Assistance. The Authority shall assist with the enforcement of Sec. 5-2 of the Hercules Municipal Code titled: “Mandatory Garbage/Solid Waste Disposal/SB 1383 Mandatory Organics Collection” by performing the following actions:

(i) Monitoring compliance of Generators, Haulers, Food Recovery Organizations and Food Recovery Services through Inspections and Compliance Review conducted in accordance with SB 1383 Regulations (14 CCR § 18995.1 or successor regulation). 45 SB 1383 MOU 10

The Authority may collaborate with City and/or a Hauler in such Inspections and/or Compliance Review where appropriate; and
(ii) Issuing warnings of violations to Generators, Haulers, Food Recovery Organizations and Food Recovery Services and Self-Haulers and documenting the warning in the Implementation Record. The warnings of violations will act as courtesy notices and be considered as educational outreach. The City may elect to have the Authority to issue up to two warnings for each violation. The Authority may collaborate with City and/or a Hauler before issuance of a warning where appropriate. It shall not be appropriate to collaborate with a Hauler where it is the subject of the Enforcement Action. If the violator fails to comply with the warning within the deadline set forth therein, the Authority shall refer the matter to City to pursue enforcement pursuant to the SB 1383 Regulations, and the City shall function as the Enforcement Agency in accordance with 14 CCR 18995.4 or successor regulation in that matter thereafter. Authority will provide copies of the warning of violation and compliance notes related to the Generator to the City upon referring the Generator to the City for enforcement. Authority will provide support to the City in its carrying out the Enforcement Action, including providing testimonial and other evidence at any hearings, if necessary. If the Authority becomes aware that the violator has complied with the Authority’s warnings or the City’s Notice of Violation, the Authority shall so notify the City.
(h) Waivers. The Authority shall create a standardized waiver request form, which shall be a printable document maintained on the Authority’s website. Each time the Authority updates the form, it shall so advise the City and the Provider. The Authority shall receive and review the submitted waiver requests and may consult with the Provider regarding such request.

Thereafter, the Authority shall consult with the City and recommend whether to approve, deny, or modify the waiver. The City Representative shall make the final decision. The Authority will issue or deny the waiver and notify the Generator. The Authority shall verify the validity of each issued waiver within five (5) years of issuance pursuant to SB 1383 Regulations and provide the City with a recommendation to keep or revoke the waiver. The Authority will maintain, and regularly provide the City with, a list of Generators operating in its jurisdiction that have applied for waivers, and it shall document the list in the Database. The list shall include the status of each application.
(i) De Minimis Waivers: The Authority may waive a Commercial Business’s obligation (including Multi-Family Residential Dwellings) to comply with some or all of the Organic Waste requirements of SB 1383 if the Commercial Business provides documentation that the business generates below a certain amount of Organic Waste material as set forth herein.

Commercial Businesses requesting a de minimis waiver shall:
(1) Submit an application specifying the services that they are requesting a waiver from and provide documentation as noted herein; and (2) provide sufficient documentation that either:
(a) The Commercial Business’ total Solid Waste collection service is two cubic yards or more per week and Organic Waste subject to collection in a Green Container comprises less than 20 gallons per week per applicable container of the business’ total 46 SB 1383 MOU 11

waste; or
(b) The Commercial Business’ total Solid Waste collection service is less than two cubic yards per week and Organic Waste subject to collection in a Green Container comprises less than 10 gallons per week per applicable container of the business’ total waste; and
(3) Acknowledge that it must notify the Authority if circumstances change such that Commercial Business’s Organic Waste exceeds threshold required for waiver, in which case the waiver will be rescinded; and
(4) Acknowledge that, if the de minimis waiver is granted, it will expire after 5 years and that the waiver is only valid as to the Commercial Business that applied for the waiver, and not as to the property or another business in the same location. (ii) Physical Space Waivers: The Authority may waive an existing Commercial Business’ or property owner’s obligations (including Multi-Family Residential Dwellings) to comply with some or all of the recyclable materials and/or Organic Waste collection service requirements if it receives evidence from its staff, City staff, a hauler, licensed architect, or licensed engineer demonstrating that the premises lacks adequate space for the collection containers required for compliance with the Organic Waste collection requirements of SB 1383. A Commercial Business or property owner may request a physical space waiver through the following process:
(1) Submit an application form specifying the type(s) of collection services for which they are requesting a compliance waiver; and (2) Provide documentation that the premises lacks adequate space for Blue Containers and/or Green Containers including documentation from its hauler, licensed architect, or licensed engineer; and
(3) Provide written verification to the Authority that it is still eligible for physical space waiver every five years, if the Authority has approved application for a physical space waiver.
(iii) Emergency Circumstances – Waivers for City: The Authority will notify CalRecycle and apply for a waiver to landfill Organics if City experiences a natural disaster, uses a recyclable materials or Organic Waste processing facility that has a temporary operational failure, or unforeseen operational restrictions have been imposed upon it by a regulatory agency pursuant to 14 CCR 18984.13 or successor regulation.

5. City Responsibility. The City shall be responsible for all other applicable SB 1383 and SB 1383 Regulations requirements not expressly delegated to and accepted by the Authority as set forth herein, including the Workplan as it may be amended from time to time pursuant to Section 4. If the City requests that the Authority accept additional SB 1383 Regulation Responsibilities not listed in the Workplan or perform an additional Requirement listed in the Workplan, the Parties shall meet and confer regarding the request and implementation, if the Authority is willing to do so. Any changes to the Workplan shall comply with the provisions of 47 SB 1383 MOU 12

Section 4.

6. Sharing of information. Within thirty (30) days of a request by the Authority, or as soon thereafter as such information is available to City, the City shall share with the Authority all data, documents, contact information for Generators within its jurisdiction, or any other information necessary for the Authority to carry out the responsibilities delegated to it in this MOU. The Authority shall not be held responsible for any actions taken by CalRecycle that result from the Authority’s inability to obtain the information reasonably requested from the City pursuant to this Section 6.

7. Staffing and funding. In order for the Authority to carry out its responsibilities in connection with the administration and implementation of the SB 1383 Regulations as specified in this MOU, the Parties agree that the Authority’s costs associated with its responsibilities under this MOU and the Other MOUs will be funded through the Authority’s budget and rate setting process, except as otherwise specified herein. These costs may include the Authority’s cost to engage independent contractors or retain adequate staffing to perform some or all of the duties delegated to it herein. Budget changes related to this MOU will be integrated into the Authority’s regular budget process, or more frequently as needed, and approved by the Board of Directors.

8. Indemnification/Hold Harmless. Each Party shall solely be liable for any and all damages, including attorneys’ fees, resulting from the actions or omissions arising from its performance of the terms of this MOU, except as is expressly stated in Section 9. Each Party (the “Indemnifying Party”) shall indemnify, defend and hold harmless the other Party (the “Indemnified Parties”) from and against any and all claims, demands, actions, losses, damages, assessments, charges, judgments, liabilities, costs and expenses (including reasonable attorneys’ fees and disbursements) that may from time to time be asserted by third parties against the Indemnified Parties because of any personal injury, including death, to any person or loss of, physical damage to or loss of use of real or tangible personal property, to the extent caused by the negligence or misconduct of the Indemnifying Party, its agents, employees or contractors in the performance of this MOU.

For purposes of indemnification set forth in this MOU, “Indemnified Parties” means the applicable party, its affiliates, successors and assigns and its and their employees, directors, officers, agents, and volunteers. The Indemnified Parties: 1) shall notify the Indemnifying Party in writing promptly upon learning of any claim or suit for which indemnification may be sought, provided that failure to do so shall have no effect except to the extent the Indemnifying Party is prejudiced thereby; 2) shall have the right to participate in such defense or settlement with its own counsel and at its own expense, but the Indemnifying Party shall have control of this defense or settlement; and 3) shall reasonably cooperate with the defense.

9. Apportionment of Penalties.

(a) Any penalties assessed against the City by CalRecycle that are the result of Authority’s failure to satisfy its obligations under the following provisions of this Agreement and its alleged failure, unless alleged failure is caused by or related to the inability of the Authority to obtain information reasonably requested pursuant to Section 6, to comply with the corresponding provision of the SB 1383 Regulations shall be paid by the Authority:
48 SB 1383 MOU 13

(i) Subdivision (a)(i) of Section 4 [“Education and Outreach – Generators”] (14 CCR §§ 18985.1 and 18985.2).
(ii) Subdivision (b)(i) of Section 4 [“Reporting and Recordkeeping – Organics Capacity and Edible Food Recovery”] (14 CCR § 18992.3). (iii) Subdivision (b)(ii) of Section 4 [“Reporting and Recordkeeping – Implementation Record”] (14 CCR §§ 18985.3 and 18995.2). (iv) Subdivision (b)(iii) of Section 4 [“Reporting and Recordkeeping – Compliance and Annual Reports”] (14 CCR § 18994.1 and 18994.2). (v) Subdivision (c) of Section 4 [“Edible Food Recovery Programs”] (14 CCR §§ 18991.1–18991.2).
(vi) Subdivision (d) of Section 4 [“Organic Waste Processing Capacity and Diversion Planning”] (14 CCR §§ 18992.1 and 18992.2), with the express indication that the Authority shall not be required to pay a penalty arising from the City’s failure to expand capacity.
(vii) Subdivision (e) of Section 4 [“Receipt of Complaints”] (14 CCR §§ 18995.3(a)-(b)).
(viii) Subdivision (f) of Section 4 [“Investigation of Complaints”] (14 CCR §§ 18995.3(c)-(e)).
(ix) Subdivision (g)(i) of Section 4 [“Enforcement Assistance”] (14 CCR §§ 18995.1).
(x) Subdivision (g)(ii) of Section 4 [“Warnings”] (14 CCR §§ 18995.4) with the express indication that the Authority is not required to pay a penalty arising from an alleged failure to commence an action to impose penalties pursuant to 14 CCR sections 18997.1 and 18997.2 as the Authority’s responsibility under Subdivision (g) of Section 4 does not extend to commencing such actions.
(xi) Subdivision (h) of Section 4 (14 CCR §§ 18984.11). (b) For avoidance of doubt, the Parties hereby indicate that any penalties arising from SB 1383 Regulations requirements not expressly delegated to and accepted by the Authority as set forth herein shall not be payable by the Authority. (c) In the event that the Authority pays any penalties assessed against the City by CalRecycle that are the result of the alleged failure to comply with Subdivision (a)(i) of Section 4, Subdivision (b) of Section 4, the Authority shall be entitled to allocate a reasonable portion of the penalty to the City if, respectively, the Authority (a) had provided compliant educational materials to the City for approval, and the City failed to approve them, (b) requested documentation for the Implementation Record and the City failed to provide them, or (c) referred a matter to the City under Subdivision (g)(ii) of Section 4 and the City elected not to pursue 49 SB 1383 MOU 14

timely enforcement.
(d) Nothing in this Section shall prevent either the City or the Authority (on the City’s behalf when the Authority is obligated to pay the penalty) from challenging CalRecycle enforcement activities. In the event that the Authority intends to challenge CalRecycle’s imposition of a penalty imposed on the City, the City shall reasonably cooperate and assist the Authority in its legal challenge. Without limiting the generality of the foregoing, the City shall promptly share any Compliance Order or Notices of Violation or accusation issued pursuant to 14 CCR 18997.5 or successor regulation that it receives related to any alleged violations that Subdivision (a) would require the Authority to pay.
(e) Any penalties paid by the Authority pursuant to this section shall be paid out of Authority funds.

10. Termination. Either Party may terminate this MOU upon giving at least one hundred and eighty (180) calendar days’ prior written notice to the other Party in the manner set forth in Section 11. The Parties expressly acknowledge, notwithstanding anything to the contrary in this Agreement, including specifically Section 7, and/or in the past or then-present Authority budgets, that the Authority shall have no obligation after termination to fund the City’s compliance with the provisions of SB 1383 Regulations delegated to the Authority pursuant to this Agreement. If City terminates the MOU effective at the end of a rate year, the Authority will, in conjunction with its Board of Directors action that November to approve the compliance funds included in the following year’s rate structure, calculate the amount due to City to reimburse it for its share of unspent compliance funds based on its percentage share of volume in the rate model during the prior year. The Authority shall provide timely reimbursement of the funds due to the City on a monthly basis promptly after obtaining said revenue monthly pursuant to Authority’s Post-Collection Agreement. The compliance funds included in the rate model adopted for the following year’s rate structure shall not require the City or customers in the City to pay for any SB 1383 compliance activities undertaken by Authority since Authority shall reimburse City monies previously included in the rate model.

11. Notice. All notices shall be in writing and shall be served by personal delivery during usual business hours at the principal office of the Party, to an officer or person apparently in charge of that office, or by depositing the same in the United States mail, postage prepaid, and addressed to the Party at its principal office, or to such other address as the Party may designate from time to time by written notice given in the manner specified in this Section.

Service of notice pursuant to this Section shall be deemed complete on the day of service by personal delivery or two (2) calendar days after mailing if deposited in the United States mail.

12. Governing Law and Venue. This MOU shall be deemed to be executed within the State of California and construed in accordance with and governed by laws of the State of California.

Venue in any proceeding or action among the Parties arising out of this MOU shall be in Contra Costa County, California.

13. Amendment. This MOU may only be modified or amended by a subsequent written agreement signed by both Parties pursuant to Section 4. 50 SB 1383 MOU 15

14. Entire Agreement. This MOU, including the Workplan, as it may be amended pursuant to Section 4, represents the entire and integrated agreement between the Parties as to the subject matter referenced herein.

15. Severability. No provision of this MOU shall be interpreted to require any unlawful action by any Party. If any term or portion of this MOU is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, then the meaning of that section or clause shall be construed so as to render it enforceable to the extent feasible. If no feasible interpretation would save the section or clause, it shall be severed from this MOU with respect to the matter in question, and the remainder of the MOU shall remain in full force and effect.

However, in the event such a section or clause is an essential element of the MOU, the Parties shall promptly negotiate a replacement that will achieve the intent of such unenforceable section or clause to the extent permitted by law.

16. Execution in Counterpart. This MOU may be executed in counterparts and/or by facsimile or other electronic means, and when each Party has signed and delivered at least one such counterpart, each counterpart shall be deemed an original, and, when taken together with other signed counterparts, shall constitute one MOU, which shall be binding upon and effective as to all Parties.

17. No Waiver. The failure of any Party hereto to enforce any of the provisions of this MOU, or the waiver thereof in any instance, shall not be construed as a general waiver or relinquishment on its part of any such provision, and said provision shall nevertheless be and remain in full force and effect.

18. No Partnership. The relationship between the Parties shall not be that of partners, agents or joint ventures for one another, and nothing contained in this MOU shall be deemed to constitute a partnership or agency agreement between them for any purposes, including, but not limited to federal income tax purposes. The Parties, in performing any of their obligations hereunder, shall be independent contractors or independent parties and shall discharge their contractual obligations at their own risk.
[Signatures on following page]
51 SB 1383 MOU 16

IN WITNESS WHEREOF, the Parties hereto have executed this MOU on the day and year first above written.

ATTEST:

Eibleis Melendez, City Clerk

APPROVED AS TO FORM:

Christie Crowl, City Attorney

CITY OF HERCULES

Dante Hall, City Manager

ATTEST:

Viviane Vidal, Board Secretary

APPROVED AS TO FORM:

John Bakker, Authority Counsel

WEST CONTRA COSTA INTEGRATED

WASTE MANAGEMENT AUTHORITY

Cliff Feldman, Executive Director

52 CO

NSENT CALENDAR

AGENDA ITEMS

4. 26-077
53 STAFF REPORT TO THE CITY COUNCIL

DATE: Regular Meeting of April 14, 2026
TO: Mayor and Members of the City Council
VIA: Patrick Tang, Interim City Manager
SUBMITTED BY: Glenn Dombeck, Public Works Director/City Engineer SUBJECT: Approve the Resolution to Execute the Group Program Inspection Agreement between the City of Hercules, West County Wastewater District and the Contra Costa County Flood Control and Water Conservation District
RECOMMENDED ACTION:

EXECUTIVE SUMMARY:

The existing Group Program Inspection Agreement, which supports compliance with stormwater permit requirements, needs to be updated to incorporate new and enhanced inspection obligations under the Municipal Regional NPDES Permit (MRP 3.0), which became effective on May 11, 2022.

BACKGROUND:

The existing Group Program Inspection Agreement, which facilitates shared inspection services through Central Contra Costa Sanitary District and West County Wastewater District has proven essential for meeting the MRP 3.0 permit obligations efficiently and cost-effectively. Without a n updated agreement to reflect compliance with new requirements, individual permittees, such as the City of Hercules, would face significant challenges in maintaining compliance, including:

 Resource Constraints: The City of Hercules lacks the staffing and technical expertise to independently meet the expanded inspection requirements. 54  Cost Implications: Shared services reduce duplication of effort and allow economies of scale, minimizing overall program costs.

 Continuity of Compliance: The renewed agreement ensures continued inspection activities in compliance with NPDES permit conditions.

ANALYSIS:

The renewal of the Group Program Inspection Agreement is critical to ensure continued compliance with MRP 3.0 and introduced new and enhanced requirements for Provision C.4 – Commercial and Industrial Site Controls . These updates significantly expand inspection obligations for permittees, including:

 Inspection Frequency and Coverage : MRP 3 .0 mandates periodic inspections of commercial and industrial facilities to verify stormwater best management practices (BMPs) and pollutant source controls.

 Enhanced Documentation and Reporting: The permit requires detailed tracking of inspection finding s, corrective actions, and follow -up activities, which must be accurately reported in annual compliance reports.

 Expanded Facility Categories : Additional facility types now fall under inspection requirements, increasing the workload and complexity for individual permittees.

 Integration with Enforcement Protocols: MRP 3.0 emphasizes timely enforcement actions for non-compliance, requiring coordinated efforts and consistent application of enforcement procedures across jurisdictions.

The renewed agreement ( Attachment 2) incorporates administrative updates, invoicing improvements, backup staffing provisions, and alignment with MRP 3.0 requirements, ensuring that the Group Program remains a robust and collaborative mechanism for compliance. Additionally, the updated Agreement includes a provision to maintain the existing agreement in effect until the new one is executed will safeguard against service interruptions during the renewal process. City Council will be asked to approve the resolution authorizing the City Manager to execute the Group Program Inspection Agreement (Attachment 1).

FISCAL IMPACT:

The City of Hercules estimates that approximately 13 commercial and industrial facility inspections will be completed annually to be in compliance with the MRP 3.0 requirements. The projected inspection costs paid to the West County Wastewater District are based on the labor costs per inspector for time spent, plus an overhead multiplier for benefits, administrative overhead, supplies, equipment and in surance. Past years have been budgeted at $11,800 with actual costs sometimes reaching $17,000 depending on the amount of reinspection required. The projected inspection costs to be paid to the West 55 County Wastewater District for Fiscal Year 2026-27 is $12,390. These costs, along with the Clean Water Program administrative costs, are deducted from the Stormwater Utility Assessment fees collected by the County, with the balance being returned to the City of Hercules.

ATTACHMENTS:

Attachment 1 Resolution
Attachment 2 Group Program Inspection Agreement (Final Draft) 56 HERCULES CITY COUNCIL
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERCULES

APPROVING AN AGREEMENT WITH THE WEST COUNTY WASTEWATER

DISTRICT AND THE CONTRA COSTA FLOOD CONTROL AND WATER

CONSERVATION DISTRICT FOR THE INSPECTION OF CERTAIN INDUSTRIAL

AND COMMERCIAL BUSINESSES IN ACCORDANCE WITH THE MUNICIPAL

REGIONAL PERMIT

WHEREAS, the Municipal Regional Stormwater NPDES Permit, NPDES Permit No. CAS612008 (“Municipal Regional Permit”) requires the City of Hercules, a s a permittee, to conduct inspections of certain industrial and commercial businesses as part of its municipal stormwater program; and

WHEREAS, the West County Wastewater District (“Inspection Agency”) also conducts inspections of certain industrial and commercial businesses as part of its wastewater regulatory obligations; and

WHEREAS, efficiencies can be achieved by having Inspection Agency conduct stormwater inspections on behalf of City concurrently with Inspection Agency’s wastewater inspections, w hich benefits the City of Hercules and its regulated businesses; and

WHEREAS, the Contra Costa Flood Control and Water Conservation District (“District”) provides administrative support and funding for the inspections; and

WHEREAS, the District, the Inspection Agency, and City of Hercules have been coordinating inspections in a similar manner since 2009; and

WHEREAS, the City of Hercules City Council desires to continue the inspection program with the District and the Inspection Agency under a new agreement among the three parties.

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

1. The City of Hercules City Council hereby approve s the Contra Costa Clean Water Program Inspection Activities Agreement between the Dis trict, the Inspection Agency, and the City of Hercules attached hereto as Exhibit A and incorporated herein.

2. The City of Hercules City Council hereby authorizes and directs the City of Hercules City Manager to execute the Agreement on behalf of the City of Hercules in a form in substantial compliance with Exhibit A.

57 3. The approval of the ag reement in Exhibit A does not constitute a project under the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378 because it is an administrative activity that does not authorize any construction or activities that could impact the environment.

The foregoing Resolution was duly and regularly adopted at a regular meeting of the City Council of the City of Hercules held on t he 14th day of April, 20 26 by the following vote of the Council:

AYES:

NOES:

ABSTAIN:

ABSENT:

____________________________
Chris Kelley, Mayor

ATTEST:

________________________________
Eibleis Melendez, City Clerk
58 -1-
13074-0002\2995219v3.doc
21107457.1

CONTRA COSTA CLEAN WATER PROGRAM

INSPECTION ACTIVITIES AGREEMENT

BETWEEN

CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT,

WEST COUNTY WASTEWATER DISTRICT,
AND

CITY OF HERCULES

This Contra Costa Clean Water Program Inspection Activities Agreement ("Agreement"), is entered into by and among the Contra Costa County Flood Control and Water Conservation District ("District"), West County Wastewater District (“Inspection Agency”), and the City of Hercules (“City) is made and effective as of July 1, 2026 ("Effective Date").

RECITALS

WHEREAS, the County of Contra Costa ("County"), the District, and the 19 incorporated cities and towns in the County have joined together to form the Contra Costa Clean Water Program (the "Program"), pursuant to the Contra Costa Clean Water Program Agreement (2026 - 2041), dated July 1, 2026 (the "Program Agreement"). The parties to the Program Agreement are the County, the District, and the cities of Antioch, Brentwood, Clayton, Concord, Danville, El Cerrito, Hercules, Lafayette, Martinez, Moraga, Oakley, Orinda, Pinole, Pittsburg, Pleasant Hill, Richmond, San Pablo, San Ramon and Walnut Creek (the "Program Members"); and

WHEREAS, through the Program, the Program Members jointly implement some of their obligations under the Municipal Regional Stormwater NPDES Permit, NPDES Permit No. CAS612008, as may be amended or re- issued from time to time (“Municipal Regional Permit”). The San Francisco Regional Water Quality Control Board (“Regional Board”) most recently re-issued the Municipal Regional Permit on May 11, 2022.

WHEREAS, District provides administrative support services to the Program, including collecting and distributing funds that pay for Program responsibilities under the Municipal Regional Permit.

WHEREAS, among other things, the Municipal Regional Permit requires the Program Members to conduct inspections of certain industrial and commercial businesses as specified in Provision C.4. and illicit discharge control activities specified Provision C.5., as those provisions may be amended from time to time in the Municipal Regional Permit (collectively, “MS4 Inspections”). MS4 Inspections include, but are not limited, to all inspection, investigation, reporting, and related obligations under the Municipal Regional Permit and as further directed by District.

WHEREAS, the Municipal Regional Permit identifies long-term goals of: eliminating nonstormwater discharges into municipal storm drains and creeks; conducting stormwater inspections of industrial and commercial facilities; controlling illicit discharges by conducting field surveys of the storm drainage conveyance system and identifying and eliminating the sources of non-stormwater discharges; and eliminating illicit connections and discharges resulting from inappropriate or illegal processes, activities or housekeeping practices; and

WHEREAS, such goals are furthered by Inspection Agency carrying out MS4 Inspections on City’s behalf; and

WHEREAS, in addition to performing inspections to fulfill City’s obligations under the Municipal Regional Permit, Inspection Agency also conducts inspections of certain industrial and commercial businesses as part of its wastewater regulatory obligations (“Wastewater Inspections”); and

WHEREAS, District, Inspection Agency, and City believe that efficiencies can be achieved by having Inspection Agency conduct MS4 Inspections on behalf City concurrently with Inspection Agency’s Wastewater Inspections, which benefit the parties and regulated businesses.

WHEREAS, District, Inspection Agency, and City, as well as the other Program Members and sanitation districts previously entered into a prior inspection agreement dated October 26, 2009; and 59 -2-
13074-0002\2995219v3.doc
21107457.1

WHEREAS, Inspection Agency desires to provide MS4 Inspections on behalf of the City under the terms set forth herein.

AGREEMENT

NOW, THEREFORE, for good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties to this Agreement agree as follows:

1. Term. The term of this Agreement is from the Effective Date of this Agreement until it is terminated pursuant to Section 2 below.

2. Termination.

A. Inspection Agency Termination. Inspection Agency may terminate this Agreement at its sole discretion by giving written notice to District and City at least 180 days prior to the effective date of the termination.

B. District Termination. District may terminate this Agreement at its sole discretion by giving written notice to Inspection Agency and City at least 180 days prior to the effective date of the termination. Notwithstanding the foregoing, District may terminate this Agreement by giving written notice to Inspection Agency and City at least 30 days prior to the effective date of the termination if City is in breach of the Stormwater Utility Area Agreement described in Section 3.

C. City Termination. City may terminate this Agreement at its sole discretion by giving written notice to Inspection Agency and District at least 90 days prior to the effective date of the termination.

Alternatively, City may temporarily suspend receiving MS4 Inspections by Inspection Agency pursuant to this Agreement, at its sole discretion, upon giving the District and Inspection Agency at least 90 days prior written notice.

D. Individual Party and Mutual Termination. Any termination completed pursuant to sections 2.A through 2.C above effectively terminates this Agreement in its entirety and as to all Parties. In addition and notwithstanding the foregoing, this Agreement may also be terminated by mutual written agreement of the District, Inspection Agency, and City.

E. Effect of Termination. Upon the effective date of any termination of this Agreement, Inspection Agency shall cease performing MS4 Inspections. Provided Inspection Agency is not then in default, District shall compensate Inspection Agency for all services performed prior to such effective date in accordance with Section 8.

3. Stormwater Utility Area Agreement. City has executed a separate Stormwater Utility Area Agreement with the District that, among other things, provides for the invoicing from, and payment to, Inspection Agency for MS4 Inspection costs on behalf of City.

4. Responsibilities of Inspection Agency. On behalf of City, Inspection Agency will perform all the following services in accordance with the Municipal Regional Permit and applicable law:

A. Conduct MS4 Inspections, including illicit discharge control inspection activities, of industrial and commercial facilities and the exterior of residential properties to determine the regulated facility’s compliance with the Municipal Regional Permit and applicable law. MS4 Inspections may have an educational component, as directed by District. The location and frequency of an inspection, investigation, or educational effort shall be at the direction of District in coordination with City and shall take place between 7:30 a.m. and 4:00 p.m. Monday through Friday, excluding holidays ("Normal Working Hours").

B. Perform MS4 Inspections outside of Normal Working Hours if mutually agreed to by District, City, and Inspection Agency, or if directed by District due to an emergency. In the event of an emergency, Inspection Agency will be compensated for any applicable overtime pay actually incurred by Inspection Agency.
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C. Prepare inspection and investigation reports for each MS4 Inspection in accordance with the Municipal Regional Permit and applicable law,
D. Issue notices of violation, warning notices, and compliance orders (collectively, “Corrective Orders”) to owners or operators of regulated facilities on behalf of City where Inspection Agency determines that violations or potential violations of the Municipal Regional Permit or applicable law have occurred or may occur. City hereby delegates to Inspection Agency all such authority to issue Corrective Orders on City’s behalf in connection with MS4 Inspections. Inspection Agency has developed, or shall develop, a standardized approach to recommending and documenting corrective actions taken by operators of regulated facilities in order to address a Corrective Order issued by Inspection Agency. Inspection Agency shall promptly notify City and District’s representative identified in accordance with Section 7 of any Corrective Order issued by Inspection Agency, by email at the address below, by the close of the business day following issuance.

E. Inspection Agency shall cooperate with City if City elects to utilize its civil or criminal code enforcement authority to address a Corrective Order directly with the owner or operator of a regulated facility. Such cooperation includes documentation of violations, preparation of documents for use in complaints and at hearings, and assistance in hearing preparation and presentation, including provision of testimony as requested. If Inspection Agency’s performance of such enforcement services would result in an unreasonable expenditure of resources, then Inspection Agency shall notify City and District, and Inspection Agency’s further involvement in such enforcement services shall be agreed upon by the parties.

F. At the Direction of City, Inspection Agency shall also refer Corrective Orders and related investigations and reports to appropriate enforcing entities, such as the District Attorney.

G. Retain all records through the later of: the term of this Agreement, the retention period outlined in Inspection Agency’s retention schedule, or the retention period set forth in the Municipal Regional Permit, whichever is longer, as evidence of City’s compliance with the Municipal Regional Permit. These records shall become property of City upon termination of this Agreement, at which time Inspection Agency shall promptly deliver them to City. These records shall be made available for inspection by City or District during normal business hours.

H. Train, supervise and manage its staff and contractors necessary to conduct MS4 Inspections in a consistent and lawful manner.

I. Provide advice and comments to District regarding District's preparation of educational materials for distribution to owners and operators of regulated facilities and the public. Inspection Agency shall also provide advice and comments to District regarding the Contra Costa County Green Business Program, as requested by District.

J. Provide comments to City and District regarding ordinances and policies necessary to conduct MS4 Inspections and carry out enforcement activities.

K. Purchase, operate, and maintain all equipment necessary to conduct MS4 Inspections, at Inspection Agency’s own cost. Such capital and maintenance costs may be invoiced to District pursuant to Section 8 of this Agreement if the equipment is solely intended for MS4 Inspections and not Wastewater Inspections.

L. Provide quarterly reports to District, which describe all MS4 Inspections and Corrective Orders during the prior quarter, concurrently with the quarterly invoices specified in Section 8.C below. The final report of the fiscal year (fourth quarter) shall include a status report to City of Corrective Orders initiated by Inspection Agency by owner or operator name. The final report shall also include a hard or electronic copy of the Inspection Agency’s databases of regulated facilities.

M. Utilize reasonable efforts to conduct MS4 Inspections fairly and in a uniform manner.

N. In accordance with Section 8.D below, provide an annual fiscal year budget to District that estimates the cost of performing the MS4 Inspections and other requirements of this Section 5 (“Annual Budget”).
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5. Responsibilities of District. District will perform the following services:

A. Recommend revisions to City’s ordinances and regulations as are necessary to allow Inspection Agency to lawfully perform MS4 Inspections and issue Corrective Orders.

B. Authorize and prioritize inspections and investigations, with direction from City and Inspection Agency.

C. Provide timely input on the scope of the following fiscal year MS4 Inspections during Inspection Agency’s budget process and approve Inspection Agency’s Annual Budget in accordance with Section 8.D.

D. Reimburse Inspection Agency for authorized costs in accordance with Section 8.

E. Recommend remedial actions to City and Inspection Agency in order correct an owner or operator’s violation of the Municipal Regional Permit or other applicable laws.

F. Provide educational materials for distribution to owners and operators of regulated facilities and the public.

G. Provide comments to Inspection Agency regarding the format of MS4 Inspections, Corrective Orders, and reports.

H. Perform other responsibilities as agreed to in writing among the District, Inspection Agency, and City.

I. Notify City of issues affecting their compliance with the Municipal Regional Permit in a timely manner.

J. Provide quarterly reports regarding MS4 Inspections and budget summaries to City.

6. Responsibilities of City. City will perform the following obligations:

A. Provide Inspection Agency with current roster of City employees responsible for carrying out the stormwater program and related enforcement activities, including phone numbers and email addresses.

B. Provide direction to Inspection Agency regarding enforcement actions.

C. Cooperate with Inspection Agency and District to carry out their respective obligations under this Agreement.

7. Agency Representative. Each party shall designate in writing to each other an MS4 Inspections program coordinator and an alternate coordinator. The purpose of designating an MS4 Inspections program coordinator is to facilitate communication between the parties. Each party shall direct matters such as complaints, claims, legal challenges, and other disputes regarding the MS4 Inspections to its MS4 Inspections program coordinator who will transmit the matter to the District for resolution.

8. Financial.

A. District shall reimburse Inspection Agency for all authorized expenditures in furtherance of its obligations under Section 4 above, including the actual inspections and related administrative costs..

The costs eligible for reimbursement include, but are not necessarily limited to, labor, benefits, overhead, supplies, equipment, vehicle, laboratory, consultant, and insurance costs. Inspection Agency shall promptly notify the District if it believes that legal costs will be incurred in connection with the MS4 Inspections or Corrective Orders so that the parties may reach an agreement regarding the cost of legal services, if desired.

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B. Inspection Agency’s labor costs shall be itemized at base cost per individual for time spent, plus an overhead multiplier for benefits, administrative overhead, supplies, equipment and insurance.

Inspection Agency’s overhead multiplier for the following fiscal year shall be submitted to the District as part of Inspection Agency’s Annual Budget and approved by District annually.

C. Inspection Agency shall submit quarterly invoices to the District for services performed under Section 4 of this Agreement. Each invoice shall include an itemized accounting of the total cost of all services performed under Section 4. Inspection Agency shall submit each quarterly invoice according to the following schedule: (i) First Quarter - October 30; (ii) Second Quarter - January 30; (iii) Third Quarter - April 30; and (v) Fourth Quarter - July 30 of each fiscal year (July 1-June 30). District will pay each undisputed invoice within 45 days of receipt. In the event that District disputes the amounts stated on any invoice, within 30 days of receipt of the invoice District shall submit to Inspection Agency a written notice of dispute and the basis for the dispute. The parties shall endeavor to resolve any such disputes within a reasonable time after District’s giving of a notice of dispute. Any dispute that is not resolved within five (5) business days shall be referred to the parties’ respective managers for resolution.

D. In accordance with Sections 4.N, prior to the beginning of each fiscal year, District shall approve Inspection Agency’s Annual Budget. City shall also review and approve the Annual Budget prior to District’s final approval. Discussions for the annual budget shall begin in January prior to the upcoming fiscal year. Inspection Agency shall submit its Annual Budget by ________ and District shall act on such Annual Budget by _______________. Inspection Agency shall not exceed its approved written Annual Budget, absent advance written consent of City and District.

9. Insurance. During the term of this Agreement, Inspection Agency shall carry Workers' Compensation and Employers' Liability Insurance as required by law, and General Liability and Automobile Liability insurance in the amount of at least $1,000,000 per occurrence. Inspection Agency shall submit endorsements to City and District naming them and their officers, employees, and agents as additional insureds under such policies. If Inspection Agency is self-insured, written notification of the self-insurance program shall be made to the other parties to this Agreement within 30 days after the execution of this Agreement. Any change to self-insured status by Inspection Agency shall be reported to the District in writing within 30 days of such change.

10. Indemnification.

A. District Indemnity. District shall indemnify, defend and hold harmless Inspection Agency and City and each of them and their elected officials, officers, directors, agents, and employees from and against all suits, actions, legal or administrative proceedings, claims, demands, damages, consequential damages, liabilities, and expenses, arising out of or related to the District's willful misconduct or the negligent acts, errors or omissions of the District in the performance of this Agreement, except that City shall be solely liable for any fines resulting from its sole violations of the Municipal Regional Permit. The requirements of this Section 10.A. shall survive the termination or expiration of this Agreement.

B. Inspection Agency Indemnity. Inspection Agency shall indemnify, defend and hold harmless the District and City, and their respective elected officials, officers, directors, agents and employees from and against all suits, actions, legal or administrative proceedings, claims, demands, damages, consequential damages, liabilities and expenses, inclusive of constitutional or property rights claims, arising out of or related to Inspection Agency's willful misconduct or the negligent acts, errors or omissions of Inspection Agency in the performance of this Agreement, except that City shall be solely liable for any fines resulting from its sole violations of the Municipal Regional Permit. The requirements of this Section 10.B. shall survive the termination or expiration of this Agreement.

C. City Indemnity. City shall indemnify, defend and hold harmless the Inspection Agency and District and each of them and their officers, directors, agents, and employees from and against all suits, actions, legal or administrative proceedings, claims, demands, damages, consequential damages, liabilities, and expenses, arising out of or related to the City’s willful misconduct or the negligent acts, errors or omissions of the City in the performance of this Agreement. The requirements of this Section 10.C. shall survive the termination or expiration of this Agreement. 63 -6-
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11. Notices. Notices required or permitted under this Agreement shall be in writing and made as follows:

If to District, to: Joe Smithonic
Senior Civil Engineer
Contra Costa County Flood Control & Water Conservation District 255 Glacier Drive, Martinez, CA 94553

If to Inspection Agency, to: Joe Neugebauer
Environmental Services Manager
West County Wastewater District
2910 Hilltop Drive, Richmond, CA 94806

If to City, to: Glenn Dombeck
Director of Public Works
City of Hercules
111 Civic Drive, Hercules, 94547

12. Dispute Resolution. In the event of a dispute arising under this Agreement, the parties may jointly agree to submit the dispute to non-binding arbitration or mediation before a mutually agreed upon mediator or arbitrator. In the event the parties cannot agree to a mediator or an arbitrator within 30 days after a party requests arbitration by written notice to the other parties, the mediator or arbitrator may be selected by random draw, with each Party submitting one name of that party’s preferred mediator or arbitrator.

13. Amendments. This Agreement may only be amended by written mutual agreement of the each of the parties hereto.

14. Governing Law. This Agreement is made and will be performed in the State of California, County of Contra Costa, and is governed by California law.

15. Severability. If any one or more of the terms, provisions, promises, covenants, or conditions of this Agreement were, to any extent, adjudged invalid, unenforceable, void, or voidable for any reason whatsoever by a court of competent jurisdiction, each and all of the remaining terms, provisions, priorities, covenants, and conditions of this Agreement shall not be affected and shall be valid and enforceable to the fullest extent permitted by law.

16. Assignment. No party shall assign any of its right, title or interest under this Agreement without the prior written consent of the other parties. Any purported assignment of any party’s rights under this Agreement without written consent is void and without effect.

17. Entire Agreement. This Agreement contains the entire agreement between the parties and all prior understandings or agreements, oral or written, regarding this matter are superseded.

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IN WITNESS WHEREOF, the parties have executed this Agreement as follows:

CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT

__________________________________
Name: Warren Lai
Title: Public Works Director

WEST COUNTY WASTEWATER DISTRICT

__________________________________
Name:_____________________________
Title:______________________________

CITY OF HERCULES

__________________________________
Name:_Patrick Tang

Title:_Acting City Manager

65 CO

NSENT CALENDAR

AGENDA ITEMS

5. 26-076
66 STAFF REPORT TO THE CITY COUNCIL

DATE: Regular Meeting of April 14, 2026
TO: Mayor and Members of the City Council
VIA: Patrick Tang, Interim City Manager
SUBMITTED BY: Glenn Dombeck, Public Works Director/City Engineer SUBJECT: Adopt the Resolution to Approve the Amended and Restated Contra Costa Clean Water Program Agreement (2026-2041) and Authorize the City Manager to Execute the Agreement
RECOMMENDED ACTION:

Adopt the resolution approving the Contra Costa Clean Water Program (CCCWP) Agreement and authorize the City Manager to execute the Agreement.

BACKGROUND:

The parties to the proposed Agreement—the Contra Costa County Flood Control and Water Conservation District and 21 incorporated cities and towns—are joint permittees under the Municipal Regional Stormwater NPDES Permit (No. CAS612008), which requires countywide coordination for compliance through the Contra Costa Clean Water Program (CCCWP). The current agreement needs to be replaced with a new, amended and restated Agreement to ensure compliance with updated procurement requirements and to reflect updated practices. The proposed Agreement would be effective July 1, 2026 through June 30, 2041.

At this time, CCCWP has continued operating on a month‑to‑month basis, maintaining existing provisions and program responsibilities to ensure ongoing compliance with the Municipal Regional NPDES Permit until a new long-term agreement is approved.

ANALYSIS:

The CCCWP was established in 1991 to enable Contra Costa County, its cities, and the Flood Control District to jointly comply with stormwater regulations under the NPDES 67 permit. Over the years, the Program Agreement has been periodically updated to reflect evolving regulatory requirements. The CCCWP Management Committee has developed the proposed Agreement to provide significant updates to administrative processes, committee structures, and compliance frameworks. Additionally, the proposed Agreement for July 1, 2026 – June 30, 2041 outlines long-term obligations, cost-sharing formulas, and governance provisions for all co-permittees.

Key updates in the proposed Agreement include:

 Administrative and Contracting Updates: Aligning contracting processes with Contra Costa County procurement standards and clarifying indemnification provisions.

 Committee Structure: Introducing tiered participation based on population size and formalizing roles for sub -committees such as Monitoring, Development, Public Information, and Regional Alternative Compliance (RAC).

 Termination and Continuity: Revised withdrawal procedures and a provision allowing the expired agreement to remain in effect until renewal is executed, ensuring uninterrupted compliance.

 Program Staffing Flexibility: Options for staff augmentation to minimize operational disruptions.

 Cost Allocation: Future program costs will be apportioned based on population using a standardized formula.

Were the City to decline approving participation in the proposed Agreement and CCCWP, the City would need to secure independent NPDES permit compliance and administration coverage and would have to assume full compliance responsibilities for the City.

FISCAL IMPACT:

There is no immediate fiscal impact. Future costs will be allocated proportionally based on population as outlined in the Agreement’s cost -sharing formula. Stormwater utility assessments will continue to cover program costs for participating agencies.

ATTACHMENTS:

Attachment 1 Resolution
Attachment 2 CCCWP Agreement (Final Draft)
68 HERCULES CITY COUNCIL
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERCULES TO

APPROVE AN AMENDED AND RESTATED CONTRA COSTA CLEAN WATER PROGRAM AGREEMENT EFFECTIVE JULY 1, 2026 THROUGH JUNE 30, 2041

WHEREAS, the Municipal Reg ional Stormwater NPDES Permit, NPDES Permit No. CAS612008 issued by the San Francisco Bay Regional Water Quality Control Board (“Municipal Regional Permit”), requires the City of Hercules, as a permittee, to implement best management practices and other co ntrol measures in order to control the discharge of pollutants through its municipal stormwater system; and

WHEREAS, the cities of Antioch, Brentwood, Clayton, Concord, El Cerrito, Hercules, Lafayette, Martinez, Oakley, Orinda, Pinole, Pittsburg, Pleasant Hill, Richmond, San Pablo, San Ramon, and Walnut Creek; the towns of Danville and Moraga; and the County of Contra Costa and Contra Costa County Flood Control and Water Conservation District (“Co-Permittees”) are joint permittees under the Municipal Regional Permit; and

WHEREAS, the Co-Permittees have historically been parties to a joint program agreement to establish the “Contra Costa Clean Water Program” for the purpose of administering joint obligations under the Municipal Regional Permit on behalf o f the Co- Permittees; and

WHEREAS, the Co-Permittees desire to extend the joint program agreement by entering into an amended and restated agreement effective July 1, 2026 through June 30, 2041 which has been updated to include current practices and requirements; and

WHEREAS, the City of Hercules desires to remain a party to the Contra Costa Clean Water Program by entering into the amended and restated joint program agreement.

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

1. The City Council hereby approves the Amended and Restated Contra Costa Clean Water Program Agreement (July 1, 2026 - June 30, 2041) attached hereto as Exhibit “A”.

2. The City Council hereby authorizes and directs the City Manager to execute the Agreement on behalf of the City of Hercules.

3. Approval of this Agreement is not a project under the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378 because it is an administrative activity that does not authorize an y 69 action tha t would impact the environment. Even if this approval was considered to be a project, it would be exempt from CEQA review pursuant to CEQA Guidelines sections 15307, 15308, and 15061(b)(3).

The foregoing Resolution was duly and regularly adop ted at a regular meeting of the City Council of the City of Hercules held on the 14th day of April, 20 26 by the following vote of the Council:

AYES:

NOES:

ABSTAIN:

ABSENT:

____________________________
Chris Kelley, Mayor

ATTEST:

________________________________
Eibleis Melendez, City Clerk
70 AMENDED AND RESTATED

CONTRA COSTA CLEAN WATER

PROGRAM AGREEMENT
(July 1, 2026 – June 30, 2041)

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Amended and Restated Contra Costa Clean Water
Program Agreement between
The Contra Costa County Flood Control
and Water Conservation District
and
Agencies Named Below

THIS AMENDED AND RESTATED AGREEMENT (“Agreement”) is jointly entered into by the Contra Costa County Flood Control and Water Conservation District (“District”); the cities of Antioch, Brentwood, Clayton, Concord, El Cerrito, Hercules, Lafayette, Martinez, Oakley, Orinda, Pinole, Pittsburg, Pleasant Hill, Richmond, San Pablo, San Ramon, and Walnut Creek; the towns of Danville and Moraga; and, the County of Contra Costa (collectively, the “ Parties” and individually each a “Party”; the P arties are sometimes referred to herein as "Co -Permittees" or individually as “Co-Permittee”, and sometimes as “Agencies " or individually as “Agency” ). This Agreement is entered into as of July 1, 2026 (“Effective Date”).

RECITALS
A. The Parties are joint permittees under the Municipal Regional Stormwater National Pollutant Discharge Elimination System ("NPDES") Permit issued by the San Francisco Bay Regional Water Quality Control Board. NPDES Permit No. CAS612008 or an equivalent regional stormwater NPDES permit issued to the Parties is collectively referred to herein as the “Municipal Regional NPDES Permit.” Under current law, each issuance of the Regional Municipal NPDES Permit is expected to expire five years from its effective date, b ut may be amended, revoked, or reissued before the expiration date, or administratively extended beyond the expiration date pending reissuance.

B. The cities, towns and County have previously entered into joint p rogram agreements with the District. As set forth more particularly in Section B below, the Parties wish to extend the joint agreement until terminated by the written agree ment of all Co -Permittees then Parties to this Agreement. The purpose of this Agreement is to amend and extend the prior agreement on the terms set forth herein.

NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:

A. Program Activities.

In accordance with the management and organizational structure set forth herein, the Contra Costa Clean Water Program (“Program”) shall administer the joint obligations under the Regional Municipal NPDES Permit on behalf of the Parties and implement the activities jointly carried out pursuant to this Agreement by the Parties including, but not limited to, the following 72 2
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activities:

1. Provide the necessary administrative, technical, and clerical resources to implement all Program activities directed by the Management Committee in order to implement the Municipal Regional NPDES Permit. By way of example, this includes the development of an old industrial control measure plan pursuant to Provision C.11.c of the current Municipal Regional NPDES Permit. Administrative activities may include attending all Management Committee and sub-committee meetings, and preparing committee staff reports, minutes and/or summaries of committee actions.

2. Administer all consulting services contracts (technical, legal, public relations and associated services) including the coordination, invoicing, and monitoring of all such activities.

3. Represent the Program at federal, state, regional and local governmental, civic, professional, and political organizations and agencies.

4. Coordinate the yearly compilation of the Program ’s (Group Program) Annual Reports for submittal to the appropriate Regional Water Quality Control Boards, but not the individual agencies ’ annual reports under the Municipal Regional NPDES Permit . However, the Program will develop Municipal Regional NPDES Permit compliance plans for individual agencies.

5. Conduct monitoring activities, which may include the permitting, environmental review of, purchase, installation and testing of equipment at designated sites.

6. Ensure all regulatory fees and assessments collected by the Agencies and necessary to obtain and implement the Municipal Regional NPDES Permit are lawful, appropriate and, if so, paid.

7. Ensure adequate i nformation is available to all Co -Permittees for implementation of a comprehensive stormwater management ordinance and its regulations in compliance with the Municipal Regional NPDES Permit.

8. Implement a comprehensive public information/participation program on behalf of all Co-Permittees. The Program will be responsible for developing independently or in cooperation with the Bay Area Municipal Stormwater Collaborative (“BAMSC”) original publ ic information materials; and, Co -Permittees shall be responsible for reproducing and distributing these materials.

9. As part of the Program ’s annual budgeting process, the Management Committee may fund the Program’s participation in special studies determined by the Program, the Regional Water Quality Control Boards, BAMSC, California Stormwater Quality Associ ation (CASQA), if any, or other appropriate entities. Such participation may include funding or in-kind 73 3
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services, such as Program representation on BAMSC as determined by the Management Committee.

10. Ensure adequate information is available for Co-Permittees to implement a comprehensive program for field inspection and investigation activities for unauthorized connections and illegal dumping.

11. Ensure adequate information is available for Co-Permittees to implement source controls, site design measures, and sto rmwater treatment and runoff control measures on new development and redevelopment projects, and to ensure ongoing operation and maintenance of post-construction stormwater management facilities.

12. Ensure adequate information is available for Co-Permittees t o mitigate impacts to stormwater quality resulting from construction activities specifically focusing on proper site management; erosion control; sediment control; run -on and runoff control; non - stormwater management control; and, proper operation and maintenance of such construction site control best management practices (“BMPs”).

13. Expend funds collected by assessments for the District’s Stormwater Utility Areas Nos. 1 through 18 ( “SUA”) and other sources in accordance with applicable law and regulations and the Program’s annual budget, as adopted by the Management Committee.

B. Termination.

This Agreement will remain in effect until terminated by the written agreement of all Co-Permittees then parties to this Agreement. Should any individual Co-Permittee desire to withdraw from the Program and terminate its obligations under this Agreement at any time, the following conditions must be met:

1. The Co-Permittee shall provide written notice to the Program Manager (as defined below) and Management Committee chairperson and vice chairperson of its intention to withdraw from the Program by no later than 5:00 p.m., of the December 31 immediately preceding the commencement of the following fiscal year (July 1 - June 30) before which it is seeking to terminate its obliga tions under this Agreement. To ensure an order ly transition, the withdrawing Co-Permittee shall also obtain written confirmation from the Regional Water Quality Control Board Executive Officer that such Co-Permittee has obtained or will obtain coverage under an NPDES Permit for its municipal stormwater discharges. A copy of the Executive Officer’s written confirmation shall be provided to the Management Committee chair person and vice chairperson along with the notice of withdrawal.

2. The Co-Permittee shall be committed to fulfill all of its financial obligations outlined in this Agreement through the end of the fiscal year (June 30) in which it submits its notice of withdrawal. Termination shall be effective as of 11:59 p.m. on June 30 of that fiscal year. 74 4
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3. The Co-Permittee shall also fulfill all of its individual obligations for projects, studies, and other programs and activities undertaken on be half of the Program or BAMSC through the duration of any such projects, s tudies, programs, and activities. The terminating Co-Permittee’s obligations under this Section B.3. shall survive termination as to that Co-Permittee until the terminating Co -Permittee’s obligations under this Section are fully satisfied.

4. In the event th at a Co-Permittee does not fully fund its obligations under this Agreement from its SUA assessments or appropriate sufficient funds for any fiscal year beyond the 202 6-2027 fiscal year, this Agreement shall cover payment for the Co -Permittee’s financial obligations only to the conclusion of the last fiscal year in which the Co -Permittee appropriates sufficient funds . Thereafter, such Co -Permittee’s financial obligations shall be automatically suspended, and the Co -Permittee shall receive no ben efit arising out of this Agreement, until the Co -Permittee appropriates sufficient funding to meet its financial obligations in such fiscal year(s).

C. Management Committee.

1. The Management Committee (“MC”) is the Program’s decision -making body. It shall be responsible for setting policies, providing directions, approving contracts and agreements, approving group submittals to the Regional Water Quality Control Boards, authorizing expenditures, and advising on staffing in accordance with Section J below. Within five years following the effective date, and every five years thereafter, the Management Committee shall perform an evaluation of the Program and deliver a report to the Co-Permittees that includes the Management Committee’s findings.

2. Each Co -Permittee’s manager (i.e., city or town manager or county administrator) shall designate in writing and submit to the Program Manager, and chairperson or vice chairperson of the Management Committee , the Management Committee representative and alternate(s) for their jurisdiction. The designated Management C ommittee representative and alternate(s) may be identified by job classifications or a s named individuals. The Co - Permittee’s manager shall designate at least one (1) Management Committee representative and no less than two (2) alternate Management Committee representatives. The Management Committee representative or, in the absence of the representative, one alternative Management Committee representative, shall vote on behalf of their Agency at all Management Committee meetings. Each Co-Permittee shall have only one vote on the Management Committee, even if both the designated representative and an alternate(s) attend the same meeting. The voting decisions of the Management Committee representatives shall be binding upon their Agency, provided they are consistent with the delegations of authority contained in this agreement.

3. A Management Committee representativ e shall be an individual responsible for supervising or administering the stormwater management program for their appointing Agency. An alternate should, but need not, meet the foregoing criteria. 75 5
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4. A Management Committee representative ’s term shall continu e for the entire term of the Agreement unless changed by the Co-Permittee’s manager by providing written notification to the Program Manager.

5. Any decision made by the Management Committee shall be binding upon all Co-Permittees, provided it is consistent w ith the delegations of authority in this Agreement.

Except to the extent expressly set forth in this Agreement, nothing in this Agreement delegates legislative authority of any Agency or the discretion vested in each Agency’s governing body. If the Management Committee acts in a manner inconsistent with the authority delegated by this Agreement, any such action shall not be binding upon any Agency unless approved or ratified by that Agency’s governing body. This Agreement does not create a joint exercise of powers agency separate from the agencies, and the Contra Costa Clean Water Program is not a legal person that can enter into contracts or sue and be sued.

6. The Management Committee chairperson and vice chairperson shall be selected by a majority vote of the Management Committee members at each May Management Committee meeting and shall hold those offices beginning July 1 and ending June 30 of the following fiscal year.

D. Sub-committee Structures.

The following Program sub-committees are hereby established:

1. Administrative Committee ("AC") is a sub -committee responsible for administration, strategic planning, personnel, budget recommendations and conflict resolution.

2. Monitoring Committee ("MonCom") is a sub -committee responsible for water quality monitoring activities and coordination of associated special studies/projects.

MonCom is responsible for overseeing the preparation of guidance on TMDL pollutant control programs, stormwater quality management progra ms, and for reviewing, researching, and making recommendations to the Management Committee on matters related to pollutant control and load-reduction planning, tracking, and reporting.

3. Development Committee ("DC") is a sub -committee responsible for preparing guidance and training on construction site stormwater quality management programs, post-construction stormwater quality management programs, and for reviewing, researching, and making recommendations to the Management Committee on matters related to l and development activities.

4. Public Information/Participation Committee ("PIP") is a sub -committee responsible for development of stormwater pollution prevention materials and products, information dissemination, training, marketing and public outreach for the Program and to assist each Co-Permittee.
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5. Municipal Operations Committee (“MOC”) is a sub-committee responsible for development of guidance and training on stormwater pollution prevention activities for municipal maintenance activities, commercial/industrial inspection programs, illicit discharge control activities, trash load reduction activities, and other municipal stormwater activities.

6. Select or Ad Hoc (“Ad Hoc ”) Workgroups are established by the Management Committee as needed for a temporary period for the purposes of reviewing, researching and making recommendations to the Management Committee or a sub -committee on a permit compliance matter or a permit requirement covering multiple sub-committees (such as cost reporting, and asset management). Select or Ad Hoc Workgroups may act on behalf of the Management Committee or sub -committee if approved and directed by the Management Committee.

7. The Management Committee may amend the responsibilities of each sub- committee, dissolve a sub-committee, or add a new sub-committee.

8. Each Co-Permittee shall only be allowed one vote per sub-committee. Co- Permittees may participate in the discussions of any sub -committee. However, participants at sub-committee meetings, other than approved mem bers, shall not be allowed to vote on any item under consideration.

9. The first order of business for each sub-committee at its June meeting is to choose a chairperson and vice chairperson , who will serve as chairperson and vice chairperson for the following fiscal year. The second order of business for each sub -committee at its June meeting is to establish the sub -committee's work plan for the following fiscal year dealing with its goals, objectives, time lines and related items, consistent with the require ments in the Municipal Regional NPDES Permit. Upon preparation of the sub-committee’s work plan, it shall be provided to the Management Committee for review and approval.

E. Committee Membership.

1. For the purposes of this agreement, a “Small Municipality” is designated as having a population of less than 30,000, a “Medium Municipality ” is designated as having a population of between 30,000 and 65,000; and a “Large Municipality” is designated as having a population of more than 65,000, based on population data from the State of California ’s Department of Finance. Contra Costa County is deemed a “Large Municipality”. The population data published in January of each year will be used for determining each Co-Permittee’s designation for the following fiscal year. Refer to Exhibit “A” for the Committee membership designation as of the effective date of this Agreement.

2. Each Co-Permittee designated as a “Small Municipality ” shall have one voting representative on the Management Committee an d a minimum of one voting representatives on one sub-committee.
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3. Each Co-Permittee designated as a “Medium Municipality” shall have one voting representative on the Management Committee and a minimum of one voting representative on two sub-committees.

4. Each Co-Permittee designated as a “Large Municipality ” shall have one voting representative on the Management Committee and a minimum of one voting representative on three sub-committees as follows (except as stipulated in Section E.10. below):
 Administrative Committee
 Monitoring Committee
 Development Committee
 Public Information/Participation Committee
 Municipal Operations Committee, or
 BAMSC sub-committee duly recognized by the Management Committee

5. The District shall be a permanent member of the Administrative Committee, and it shall participate as a voting member on at least one additional sub-committee.

6. The Management Committee chairperson for any fiscal year shall also serve as chairperson of the Administrative Committee for that same fiscal year.

7. By the end of May of each fiscal year, the incoming Management Committee chairperson who will take office July 1, shall consult with all Co -Permittees and recommend membership on all sub -committees effec tive July 1 of the next fiscal year.

Recommendations shall be considered and acted upon by the Management Committee at its May meeting. Sub-committee members shall be encouraged to rotate every two years.

8. Participation in any Ad Hoc Workgroup duly created by the Management Committee shall be voluntary.

9. Each of the following sub -committees shall have the follo wing minimum number of members:
 Administrative Committee 8
 Monitoring Committee 5
 Development Committee 5
 Public Information/Participation Committee 5
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 Municipal Operations Committee 5

10. BAMSC Committee . Co -Permittees serving as voting members of any BAMSC sub-committee shall represent all Program Co-Permittees. Co-Permittees designated as voting members of a BAMSC subcommittee shall also participate on the Program ’s sub - committee that has similar or equivalent subject matter jurisdiction, as determined by the Management Committee to best serve the interests of the Program.

11. Administrative Committee . The Management Committee will select members for the Administrative Committee that enhance the Administrative Committee ’s manageability and overall effectiveness in attaining goals and objectives , taking into account factors that encourage awareness of matters affecting the Program . More specifically, t he Administrative Committee shall consist of the follo wing minimum membership and conditions , and shall generally follow the rotation guidelines contained in Exhibit "B":
 Management Committee chairperson 1
 Flood Control District 1
 Large Municipality 2
 Medium Municipality 2
 Small Municipality 2
Total 8
a) The Management Committee chair may recommend additional members for the Administrative Committee pursuant to Section E.8. above. b) In any fiscal year in which the Management Committee chairperson represents a municipality that is scheduled for membership on the Administrative Committee under the rotation guidelines in Exhibit “B”, then the Management Committee shall select another Co-Permittee for membership on the Administrative Committee from the municipality category from which the Management Committee chairperson represents. If the Management Committee chair represents the Flood Control District, then the Management Committee shall select another Co-Permittee from any of the three categories of municipalities. c) For the duration of a Co -Permittee’s term as t he “Large Municipality” member serving on the Administrative Committee , that Co -Permittee shall also serve as the voting member of two additional sub-committees of their choice. d) Administrative Committee voting membership can only be changed during the fiscal year by the Ma nagement Committee chairperson, provided the minimum membership per Section E.12. is maintained.
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12. A quorum for each sub-committee shall consist of a majority of its voting members.

13. A sub-committee may adopt by-laws to govern its organizational structure and meetings, consistent with the terms of this Agreement.

F. Meeting Attendance

1. Program staff will take attendance at all meetings. Attendance at all Management Committee and sub -committee meetings shall be published in each meeting’s minutes/summary and the Program’s annual report provided to the Regional Water Quality Control Board.

2. Management Committee representatives and sub -committee members are expected to attend at least 80% of their regularly schedule d meetings. If a Management Committee representative or a sub-committee member misses two consecutive meetings, then Program staff shall contact the member of the committee to clarify the rules and understand the reason for the repeated absences. If absences continue, then the Management Committee may request that the Co -Permittee’s manager appoint a new representative to the Management Committee or sub-committee, as the case may be.

G. Program Costs Participation and Allocation.

1. The program costs for Fiscal Year 2025-2026 were apportioned among the co-permittees as set forth in Exhibit “C”, attached hereto. In Fiscal Year 2026-2027, and in each fiscal year thereafter , all program costs for that fiscal year shall be apportioned among Co - Permittees proportionally based on each Co-Permittee’s population as of January 1 immediately preceding the fiscal year, in relation to the total population of all Co -Permittees as of January 1 immediately preceding the fiscal year, calculated as follows:
[(Co-permittee’s population as of January 1) / (All co -permittee’s population as of January 1)] x 100 = Percentage of Program Costs Apportioned to Co-Permittee (“Cost Sharing Formula”).

Population data will be based on data annually published by the State of California, Department of Finance, on January 1 immediately preceding the Fiscal Year for which the calculation is made.

The population data published in January of the preceding year will be used to form the cost allocations of the following fiscal year.

2. The Management Committee shall annually prepare and approve a budget setting forth all anticipated Program costs and revenues for the following fiscal year.

3. Each Co-Permittee shall pay its share of the annual budget in accordance with the Cost Sharing Formula. If a Co-Permittee receives SUA assessments, then the District will apply lawfully collected SUAs to such Co -Permittee’s share of the annual budget. District staff shall annually submit an invoice to each Co -Permittee for each fiscal year reflecting each Co- 80 10
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Permittee’s Program costs no later than February 28 th of each year (for the first SUA disbursement statement); June 30th (for the second SUA disbursement statement); and October 31st (for the third SUA disbursement statement) . Upon receiving an in voice from the Program, each Co-Permittee shall pay its invoice to the District within sixty (60) days of the invoice’s date.

4. A Co-Permittee will be delinquent if its invoiced payment is not received by the District within sixty (60) days after the invoice’s date. The District will follow the procedure listed below, or such other procedure that the Management Committee directs to effectuate payment: 1) verbally contact the Co-Permittee’s manager; and 2) submit a formal letter from the Management Committee’s chairperson to the Co -Permittee. If payment is not received within ninety (90) days of the invoice date, then the delinquent co -permittee may be subject to termination from this Agreement and withdrawal under Sect ion B. Thereafter, the Cost Share Formula shall be revised to reflect the new Program membership and the Management Committee shall revise its budget and Program cost allocations in accordance with the Cost Sharing Formula t o account for the delinquent Pe rmittee’s costs. A terminated Co-Permittee shall remain obligated to District for its delinquent payments and any other obligations incurred prior to the date of termination.

5. The Management Committee may suspend or modify the scope of work being performed by any contractor retained by the District whenever any Co-Permittee has not paid its invoice within ninety (90) days of the invoice date.

6. Any delinquent payments by a Co-Permittee shall accrue compound interest at the average rate of interest paid by the Local Agency Investment Fund during the time that the payment is delinquent.

H. Optional Services.

Additional services requested by a Co-Permittee to fulfill requirements of the Regional Municipal NPDES Permit may be provided by Program staff as long as the services minimally burden Program staffing and are approved by the Management Committee. Such requests shall be submitted in writing to the Management Committee and shall explain the services requested of Program staff or contractors. Such services shall be completely paid for by the requesting Co-Permittee at the fully burdened labor rate of the applicable Program staff, and the Program shall bear no financial responsibility for the requested services . Such services requested by a Co-Permittee may include consultant or contractor assistance involving a contract directly between the individual Co -Permittee and the District, at the District’s discretion. The Program shall bear no financial responsibility for such contracts.

I. Contracting.

1. In accordance with the procedures set forth herein, and on behalf of the Program, the District shall enter into and administer a ll contracts for the Program and implementation of the Municipal Regional NPDES Permit. The District shall pay all contractors in a timely manner in accordance with the terms of the applicable contract. 81 11
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2. Prior to the Di strict entering into a contract or amending a contract on behalf of the Program, the Management Committee shall establish an independent selection committee as an Ad Hoc Workgroup pursuant to Section D.7. The independent selection committee may prepare an RFP , conduct interviews and take such other actions as requested by the Management Committee. The independent selection committee shall thereafter make a recommendation on a proposed contract and contractor to the Management Committee. Upon considering the independent selection committee ’s recommendation, t he Management Committee shall thereafter make a recommendation to the District, which shall have final approval authority over the contract and contractor.

3. Contracts may be entered into with a maximum term of five years, provided each contract must include either a termination for convenience clause, or a clause allowing termination for non-appropriation of funds. Contracts entered into for a period less than five years may be extended, based upon satisfactory performance, for a total contract term of five years.

4. For a contract scope of work designated as a “technical service ” by the Management Committee, t hen the independent selection committee shall also consider responses from Co -Permittees who respond in writing and request to provide the requested technical service as part of an RFP process.

5. Notwithstanding anything to the contrary above, all contracting processes on behalf of the Program shall comply with the District’s procurement process.

6. If a Co-Permittee other than Contra Costa County or the District intends to contract on behalf of the Program, then a separate agreement between the District and such Co- Permittee shall be executed setting forth the terms of the Co -Permittee’s contracting role. The Management Committee shall review and approve such separate agreement.

J. Staffing.

1. The Program is not a legal entity capable of employing staff, suing or being sued, or entering into contracts, among other activities that only legal entities may perform .

Program staff, including the Program Manager, are employees of Contra Costa County and/or the District, who are assigned to administer the Program . The Program Manager is the primary Contra Costa County employee assigned to manage the Program. In the event that Contra Costa County does not assign an employee to serve as the Program Manager and the Program Manager position is vacant, the Management Committee may recommend that the District contract with a qualified firm or public agency to perform the services of Program Manager until Contra Costa County appoints a Program Manager. The Management Committee may also request that the District contract for other Program services that are not performed by a Contra Costa County employee in accordance with Section I above.

2. To the extent requested by the District and/or Contra Costa County, t he Management Committee shall annually advise the District and/or Contra Costa County regarding 82 12
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staff evaluations, job classifications and salary ranges. With respect to any Program staff who qualify as independent contractors, the Management Committee shall annually advise the District regarding the consultant ’s satisfactory performance of their contractual obligations. The Administrative Committee shall advise the Management Committee on such evaluations.

3. The Management Committee shall negotiate an administrative overhead rate with any appropriate agency providing services to the Program.

4. Program staff shall provide a written record of all policies, rul es and regulations duly adopted by the Management Committee.

5. Contra Costa County shall be responsible for all health and safety trainings and other certifications required by law for its employees; however, the Program may pay for Program staff training that relates to the Municipal Regional NPDES Permit.

K. Indemnification.

Each Party to this Agreement agrees to protect, indemnify and hold harmless the other parties and their officers, employees, contractors and volunteers from and against all claims, demands, liabilities, losses, expenses, and damages (collectively, “Liabilities”) but only to the extent that the Liabilities arise out of or are connected with the negligence or willful misconduct of the indemnifying Party or any of its officers, employees, contractors, or volunteers while performing the indemnifying Party’s obligations under this Agreement. This section shall survive and remain enforceable following the termination or expiration of this Agreement, or following any Party’s withdrawal from this Agreement.
[SIGNATURES ON FOLLOWING PAGE]

83 13
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Dated: CONTRA COSTA COUNTY

FLOOD CONTROL AND WATER
CONSERVATION DISTRICT:

By:

Its:

APPROVED AS TO FORM:

By:

Attorney
Dated: CITY OF ANTIOCH
By:

Its:

APPROVED AS TO FORM:

By:

Attorney
Dated: CITY OF BRENTWOOD
By:

Its:

APPROVED AS TO FORM:

By:

Attorney
Dated: CITY OF CLAYTON
By:

Its:

APPROVED AS TO FORM:

By:

Attorney
Dated: CITY OF CONCORD
By:

Its:

APPROVED AS TO FORM:

By:

Attorney
84 14
13074-0002\2978003v15.doc
Dated: COUNTY OF CONTRA COSTA
By:

Its:

APPROVED AS TO FORM:

By:

Attorney
Dated: TOWN OF DANVILLE
By:

Its:

APPROVED AS TO FORM:

By:

Attorney
Dated: CITY OF EL CERRITO
By:

Its:

APPROVED AS TO FORM:

By:

Attorney
Dated: CITY OF HERCULES
By:

Its:

APPROVED AS TO FORM:

By:

Attorney
Dated: CITY OF LAFAYETTE
By:

Its:

APPROVED AS TO FORM:

By:

Attorney

85 15
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Dated: CITY OF MARTINEZ
By:

Its:

APPROVED AS TO FORM:

By:

Attorney
Dated: TOWN OF MORAGA
By:

Its:

APPROVED AS TO FORM:

By:

Attorney
Dated: CITY OF OAKLEY
By:

Its:

APPROVED AS TO FORM:

By:

Attorney
Dated: CITY OF ORINDA
By:

Its:

APPROVED AS TO FORM:

By:

Attorney
Dated: CITY OF PINOLE
By:

Its:

APPROVED AS TO FORM:

By:

Attorney

86 16
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Dated: CITY OF PITTSBURG
By:

Its:

APPROVED AS TO FORM:

By:

Attorney
Dated: CITY OF PLEASANT HILL
By:

Its:

APPROVED AS TO FORM:

By:

Attorney
Dated: CITY OF RICHMOND
By:

Its:

APPROVED AS TO FORM:

By:

Attorney
Dated: CITY OF SAN PABLO
By:

Its:

APPROVED AS TO FORM:

By:

Attorney
Dated: CITY OF SAN RAMON
By:

Its:

APPROVED AS TO FORM:

By:

Attorney

87 17
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Dated: CITY OF WALNUT CREEK
By:

Its:

APPROVED AS TO FORM:

By:

Attorney

88 18
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EXHIBIT “A”

CONTRA COSTA CLEAN WATER PROGRAM
COMMITTEE MEMBERSHIP DESIGNATION BEGINNING FY 2026-2027

Municipalities Population
(Based on
1/1/2024 Data)
Category 1 Management
Committee
Min. Number
of Sub-Com-
mittee(s) 2
Antioch 115,632 Large x 3
Brentwood 64,811 Medium x 2
Clayton 10,683 Small x 1
Concord 121,513 Large x 3
Contra Costa County 3 174,289 Large x 3
CCC Flood Control District 3 0 Non-Population x 1 4
Danville 42,567 Medium x 2
El Cerrito 25,700 Small x 1
Hercules 26,063 Small x 1
Lafayette 24,808 Small x 1
Martinez 36,439 Medium x 2
Moraga 16,784 Small x 1
Oakley 45,736 Medium x 2
Orinda 19,191 Small x 1
Pinole 18,192 Small x 1
Pittsburg 75,085 Large x 3
Pleasant Hill 33,352 Medium x 2
Richmond 112,735 Large x 3
San Pablo 31,088 Medium x 2
San Ramon 82,525 Large x 3
Walnut Creek 69,433 Large x 3

1 Membership designation categories are determined by population size. Small Municipality has population under 30,000; Medium Municipality has population between 30,000 and 65,000; and Large Municipality has population larger than 65,000. 2 Participation in the required minimum number of sub-committee(s) per fiscal year, in addition to mandatory Management Committee participation.
3 Contra Costa County and the Contra Costa County Flood Control and Water Conservation District are represented as one agency for this designation purpose.
4 Contra Costa County Flood Control and Water Conservation District is a standing member of the Administrative Committee. 89 19
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EXHIBIT “B”

CONTRA COSTA CLEAN WATER PROGRAM

ADMINISTRATIVE COMMITTEE

PARTICIPATION ROTATION GUIDELINE

Municipalities by
Size Designation &
Geographic
FY
26/27
FY
27/28
FY
28/29
FY
29/30
FY
30/31
FY
31/32
FY
32/33
C o u n t y w i d e ( A l l )
Flood Control District x x x x x x x
A p p o i n t e d M a n a g e m e n t C h a i r
Agency: x x x x x x x
L a r g e- S i z e C o m m u n i t i e s ( p o p u l a t i o n > 6 5 , 0 0 0 ) All: Contra Costa County x x
Central: Concord x x
Central: Walnut Creek x x
East: Antioch x x
East: Pittsburg x x
Lamorinda: San Ramon x x
West: Richmond x x
M e d i u m- S i z e C o m m u n i t i e s ( p o p u l a t i o n 3 0 , 0 0 0- 6 5 , 0 0 0) Central: Martinez x x
Central: Pleasant Hill x x x
East: Oakley x x
East: Brentwood x x
Lamorinda: Danville x x x
West: San Pablo x x
S m a l l- S i z e C o m m u n i t i e s ( p o p u l a t i o n <30 , 0 0 0 ) Central: Clayton x x
Lamorinda: Lafayette x x
Lamorinda: Orinda x x
Lamorinda: Moraga x x
West: Hercules x x
West: El Cerrito x x
West: Pinole x x

90 20
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EXHIBIT “C”

91 DISCUSSION AND/OR ACTION ITEM

AGENDA ITEMS

1. 26-080

2. 26-082
92 STAFF REPORT TO THE CITY COUNCIL

Adopt a resolution accepting the Falcon Way Pavement Rehabilitation Project contract with MCK Services, Inc. as complete for a total amount of $ 764,461.91 and authorizing the filing of the Notice of Completion with the Contra Costa County Recorder’s Office.

BACKGROUND:

The contract for the Falcon Way Pavement Rehabilitation Project (Project), including the Wren Court and Finch Court Alternate Bid Items, was awarded at the October 14, 2025, City Council meeting to MCK Services, Inc. (MCK) for the low bid amount of $770,982.96.

The contract allowed a 10 percent contingency of up to $77,098.30 for a total authorized expenditure amount of $848,081.26. A Notice to Proceed was issued to MCK on January 12, 2026. The primary scope of work consisted of asphalt pavement grinding, asphalt pavement removal, and asphalt overlay on Falcon Way between Wren Court and Refugio Valley Road, and on all of Wren Court and Finch Court.

ANALYSIS:

MCK commenced work on the Project on February 2, 2026. The City and MCK agreed to a Change Order to allow a 2-inch removal and replacement (mill and fill) of the existing asphalt pavement on those streets since it was determined that a full cape seal application was not necessary . The contract price was reduced by $6,521.05 as a result of the change.
93 MCK has completed all work on the Project, including paving, new curb ramps, utility cover adjustments, pavement striping and markings, and sign installation, in accordance with the plans and specifications and minor change order and to the satisfaction of the City Engineer. The final cost to complete the Project was $ 764,461.91 (0.8% less than the anticipated Contract Price).

It is recommended that the City Council accept the Falcon Way Pavement Rehabilitation Project so the Notice of Completion can be filed with the Contra Costa County Recorder’s Office to allow final payment to be made to the contractor.

FISCAL IMPACT:

This Project was identified in the 2025 Capital Improvement Program and was included in the adopted FY 25 -26 B udget. The funding for this Project was sourced from the General Fund/Capital Reserves, SB1 RMRA funds and S olid Waste funds. Any unused funds will be unobligated and reallocated to other capital projects.

ATTACHMENTS:

Attach 1- Resolution
Attach 2- Notice of Completion
Attach 3- Project Location Map
94 HERCULES CITY COUNCIL
RESOLUTION NO. 26-_____

A RESOLUTION ACCEPTING THE FALCON WAY PAVEMENT REHABILITATION PROJECT CONTRACT WITH MCK SERVICES, INC. AS COMPLETE FOR A TO TAL AMOUNT OF $ 764,461.91 AND AUTHORIZING THE FILING OF THE NOTICE OF COMPLETION WITH THE CONTRA COSTA COUNTY RECORDER’S OFFICE

WHEREAS, the Falcon Way Pavement Rehabilitation Project contract was awarded to MCK Services, Inc . (Contractor) for the low bid amount of $ 770,982.96 with a 10% contingency of up to $77,098.30 at the October 14, 2025 Council meeting; and

WHEREAS, Contractor began the work on February 2, 2026; and

WHEREAS, the project was completed for $ 764,461.91, which included a change order that reduced the original contract price by $6,521.05; and

WHEREAS, the project has been completed in accordance with the approved plans , specifications and change order to the satisfaction of the City Engineer; and

WHEREAS, the Notice of Completion must be filed with the Contra Costa Recorder’s Office to allow final payment to be made to the Contractor.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hercules that the City Council hereby accepts the Falcon Way Pavement Rehabilitation Project contract with MCK Services, Inc. as complete for a total amount of $764,461.91 and authorizes the filing of the Notice of Completion , attached hereto , with the Contra Costa County Recorder’s Office.

The foregoing Resolution was duly and regularly adopted at a regular meeting of the City Council of the City of Hercules held on the 14th day of April, 2026 by the following vote of the Council:

AYES:

NOES:

ABSTAIN:

ABSENT:

___________________________
Chris Kelley, Mayor
ATTEST:

Eibleis Melendez, City Clerk
95 Falcon Way Pavement Rehabilitation Project 2026 Form NOTICE OF COMPLETION 63074
Recording Requested By:

City of Hercules

When Recorded Mail To:

City Clerk
City of Hercules
111 Civic Drive
Hercules, CA 94547

EXEMPT FROM RECORDING FEES PER
GOVERNMENT CODE § 27383

SPACE ABOVE THIS LINE IS FOR RECORDER’S USE

NOTICE OF COMPLETION
Civil Code §§ 9204 and 9208

NOTICE IS HEREBY GIVEN THAT:

1. The undersigned is the agent of the owner of the Project described below.

2. Owner’s full name is __CITY OF HERCULES ___________________________ (“City”)

3. City’s address is _111 CIVIC DRIVE, HERCULES, CA 94547 ___________________

4. The nature of City’s interest in the Project is:

X Fee Ownership __ Lessee __ Other:___________ _______

5. Construction work on the Project performed on City’s behalf is generally described as follows: Falcon Way Pavement Rehabilitation Project _________________________________

6. The name of the original Contractor for the Project is: MCK Services, Inc. located at 865 Howe Road, Martinez, CA 94553_________________________________ _

7. The Project was accepted as complete on: April 14, 2026_ _

8. The Project is located at: Falcon Way, between Wren Court and Refugio Valley Rd., and all of Wren Court and Finch Court _______________________ ______

Verification: In signing this document, I, the undersigned, declare under penalty of perjury under the laws of the State of California that I have read this notice, and I know and understand the contents of this notice, and that the facts stated in this notice are true and correct.

__________________________ ______________________ __________ Date and Place Signature

GLENN DOMBECK, P.E.

PUBLIC WORKS DIRECTOR/CITY ENGINEER
Name and Title

EXEMPT FROM NOTARY ACKNOWLEDGMENT REQUIREMENTS PER
GOVERNMENT CODE § 27287 AND CIVIL CODE § 9208

96 LOCATION MAP

City of Hercules

97 DI

SCUSSION AND/OR ACTION ITEM

AGENDA ITEMS

2. 26-082
98 STAFF REPORT TO THE CITY COUNCIL

DATE: Regular Meeting of April 14, 2026

TO: Mayor and Members of the City Council

VIA: Patrick Tang, Interim City Manager

SUBMITTED BY: Kristi Carter, Human Resources Manager

SUBJECT: Adopt a Resolution Approving the Municipal Pooling Authority Amended and Restated Joint Exercise of Powers Agreement

RECOMMENDED ACTION:

BACKGROUND:

The City of Hercules is a member of the Municipal Pooling Authority (“MPA”) , a Joint Exercise of Powers Authority (“JPA”). MPA provides members with administration and self-insured coverage for liability, workers’ compensation, vehicle physical damage, and short-term disability, as well as access to participate in 14 additional p rograms that offer coverage for property, crime, cyber, and employee benefits. MPA was formally approved by the state as of July 1, 1977. Many of its founding members are still members today.

Currently, MPA has 21 member municipalities, which are primarily located in Contra Costa County, with a few outlying members in Stanislaus County and San Mateo County.

MPA was formed to mitigate the rising costs of private insurance for liability and workers’ compensation. Through the pooling of fiscal resources, mem ber agencies share in the cost of administering and litigating claims, as permitted under the Joint Exercise of Powers Act (Government Code Sections 6500–6536).

By pooling funds, MPA members share in the risk and cost of claims, thereby stabilizing the impact on individual members' costs. The share in the cost of claims is spread among the members. Beyond cost -sharing, participation in MPA allows the City to leverage economies of scale in insurance procurement and administration , providing access to broader coverage and services in a cost -effective manner that would be difficult for the City to achieve independently. For example, this includes property, cybercrime, and 99 deadly weapons coverage for the members. MPA also provides valuable resources for training and education, including a comprehensive wellness program, ergonomics support, dental and vision plans, life insurance, and online training modules. Risk mitigation support includes mandatory safety training and inspection support to ensure regulatory compliance, as well as mandatory employee certifications.

Participation in a JPA is invaluable in reducing claims exposure and cost. Members also receive dividends for years the reserved funds have exceeded the actual cost for that year. These dividends were instrumental in aiding members through the revenue decline that resulted from COVID -19. MPA has also been able to provide members with grants to address safety needs within their cities.

MPA has a Board of Directors, with each member of the poo l holding a position on the Board. The Board collectively determines how claims are administered and what is covered by the pool. As previously approved by City Council action on September 10, 2024, the City designated the position of Human Resources Manag er as the primary Board Member and the position of City Clerk as the alternate Board Member to the MPA Board of Directors.

Through the MPA Coverage and Governance Committee, the Board regularly reviews the bylaws and memorandums of coverage for each prog ram annually to determine how coverage will be provided. To be a member of MPA, each member’s governing body must agree to the Joint Exercise of Powers Agreement (“JPA Agreement”) . The JPA Agreement is the foundational document that outlines MPA’s powers and organizational structure. The last version was adopted by the Board of Directors in 2004 and executed in 2005 by its members and has recently undergone an extensive review and revision process.

DISCUSSION:

At the February 27, 2025, meeting, the MPA C overage and Governance Committee approved updates to the JPA Agreement to ensure it aligns with other MPA governing documents and applicable laws. The MPA Executive Committee approved the recommended amendments with certain revisions on March 26, 2025. The revised recommended amendments were then approved by the MPA Board of Directors on April 10, 2025.

The amendments approved by the MPA Board of Directors were then sent to each member agency for feedback, and additional revisions were made based on that feedback. The final recommended amendments were approved by the MPA Board of Directors on January 13, 2026, and include both substantive updates and non-substantive formatting refinements to improve clarity and consistency:

 Section 3 (Creation of MPA): Language revised to clarify that MPA was previously formed and is continued pursuant to current Government Code provisions (title also changed to “Amended and Restated”).

100
 Section 8 (Powers of MPA): Additional language added to address CAJPA accreditation recommendation regarding language specifying limitation of powers.

 Section 17 (Member Responsibilities): Minor re -wording to better define a Member’s duty to provide requested information and support investigations.

 Section 23 (Effect of Withdrawal or Expulsion): Clarified language confirming that withdrawal or expulsion does not relieve a Member from obligations under MPA’s governing documents.

 General Formatting and Language Consistency: Several non-substantive edits were made throughout the document to correct formatting issues that arose during the conversion of the original PDF into an editable format. These changes improve internal consistency and readability without altering meaning.

The Amended and Restated J PA Agreement (Exhibit A to Attachment 1) must be approved by each member agency by resolution of its governing body and executed by its designated representative. The item is presented for City Council consideration and adoption.

FISCAL IMPACT:

There is no fiscal impact associated with approving the MPA Amended and Restated JPA Agreement.

ATTACHMENTS:

1. Resolution
Exhibit A: MPA Amended and Restated JPA Agreement

2. MPA Amended and Restated JPA Agreement (Redlined)

3. Presentation

101

HERCULES CITY COUNCIL
RESOLUTION 2026-XX

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

THE MUNICIPAL POOLING AUTHORITY AMENDED AND RESTATED JOINT

EXERCISE OF POWERS AGREEMENT

WHEREAS, Municipal Pooling Authority (“MPA”) was formed in 1977 by a Joint Exercise of Powers Agreement (“JPA”); and

WHEREAS, MPA was formed primarily to mitigate the rising costs of private insurance for liability and workers’ compensation by pooling fiscal resources to share in the cost of administering and litigating claims; and

WHEREAS, the City of Hercules is a Member Agency of MPA; and

WHEREAS, to be a member of MPA and participate in any of its programs, each member’s governing body must agree to the Joint Exercise of Powers Agreement (“JPA Agreement”), as this is the required foundational and governing document that outlines MPA’s powers and organizational structure; and

WHEREAS, the last version of the JPA Agreement was adopted by the Board of Directors in 2004 and executed in 2005 by its members and has recently undergone an extensive review and revision process involving the MPA Board of Directors, MPA staff and legal counsel, and each member agency; and

WHEREAS, the recommended amendments include both substantive updates and formatting refinements to ensure clarity and consistency; and

WHEREAS, the MPA Board of Directors on January 13, 2026, approved the Municipal Pooling Authority Amended and Restated Joint Exercise of Powers Agreement, attached hereto and incorporated herein by reference as Exhibit A; and

WHEREAS, the City Council of the City of Hercules is familiar with the contents thereof.

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

1. The City Council hereby approves the Municipal Pooling Authority Amended and Restated Joint Exercise of Powers Agreement; and

2. The City’s designated primary or alternate MPA Board member (Resolution No. 24-060) is hereby authorized and directed to execute the Municipal Pooling 102

Authority Amended and Restated Joint Exercise of Powers Agreement on behalf of the City of Hercules.

The foregoing Resolution was duly and regularly adopted at a regular meeting of the City Council of the City of Hercules held on the 14th day of April 2026, by the following vote of the Council:

AYES:

NOES:

ABSENT:

ABSTAIN:

___________________________
Chris Kelley, Mayor
ATTEST:

Eibleis Melendez, City Clerk

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MUNICIPAL POOLING AUTHORITY

AMENDED AND RESTATED JOINT EXERCISE OF POWERS AGREEMENT

This Amended and Restated Joint Exercise of Powers Agreement (hereafter “Agreement”) is entered into by and among the public entities listed in Appendix A ( hereafter referred to as "Members").

RECITALS

1. The Members are public entities organized and operating under the laws of the State of California;

2. The following State laws, among others, authorize the Members to enter into this Agreement:

a. Labor Code Section 3700, allowing a public entity to fund its own workers' compensation claims;

b. Government Code Sections 989 and 990, permitting a local public entity to insure itself against liability and other losses;

c. Government Code Section 990.4, permitting a public entity to provide insurance and self-insurance in any desired combination.

d. Government Code Section 990.6, providing that the cost of insurance authorized under the related sections is a proper charge against the local public entity.

e. Government Code Section 990.8, permitting two or more local public entities to enter into an agreement to jointly fund such expenditures under the authority of Government Code Sections 6500, et seq.; and

f. Government Code Sections 6500, et seq., permitting two or more l o c a l public entities to jointly exercise under an agreement any power which is common to each of them.

3. Each of the Members desires to enter into an agreement with each of the others for the purpose of insuring against various risks jointly, rather than individually.

4. Pursuant to Government Code Section 6508.1, the debts, liabilities, and obligations of MPA shall not constitute debts, liabilities, or obligations of the Members.

5. MPA was originally formed by a Joint Powers Agreement in 1977. Since that time, the Agreement has been amended several times, and Members have withdrawn from, and new Members have been added to MPA.

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NOW, THEREFORE, for and in consideration of the mutual benefits, covenants and agreements set forth herein, the Members agree as follows:

SECTION 1
Authority and Purpose

This Agreement is made under the authority of California Government Code Sections 6500, et seq. , between the Members. The purpose of this Agreement is to exercise jointly t h e powers common to each Member by managing risks and pooling or purchasing coverage for losses.

SECTION 2
Definitions

Unless the context otherwise requires:

1. "MPA" shall mean the public entity known as the Municipal Pooling Authority created by this Agreement.

2. "Board" shall mean the governing body of MPA.

3. "Chief Administrative Officer" shall mean the person appointed by the Board as the Chief Administrative Officer of MPA.

4. "Claim" shall mean a claim or demand made against a Member arising out of an occurrence that is covered or alleged to be covered by any Memoranda of Coverage issued by MPA or by a purchased policy of insurance.

5. "Member" shall mean any public entity listed in Appendix A to this Agreement.

6. "Memoranda of Coverage" shall mean documents issued by MPA specifying the type, terms, conditions, and limitations of coverage provided by MPA to each Member that participates in the program .

SECTION 3
Creation of MPA

A public entity, separate and apart from the parties hereto and known as the Municipal Pooling Authority, was previously created and is continued pursuant to Article 1, Chapter 5, Division 7, Title 1 of the California Government Code (commencing with Section 6500).

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SECTION 4
Terms of Agreement

This Agreement is effective as of January 13, 2026 , and continues until terminated as hereafter provided. The prior Joint Exercise of Powers Agreement is terminated upon the effective date hereof.

SECTION 5

1.1.1 Governing Board

MPA shall be governed by a Board composed of one individual representative from each Member, each serving in an individual capacity as a member of the Board. Each Member's governing body shall appoint to the Board either its Manager or Director, or the department head or staff person, responsible for its risk management function. Each Board member shall have one vote. Each Member shall appoint one Alternate to the Board. The Alternate shall have the same qualifications as the Board member. The Alternate may vote at any meeting of the Board at which the regular Board member is absent.

SECTION 6
Meetings and Committees

(a) Committees. The Board may establish an Executive Committee comprised of members of the Board and delegate to it any powers or functions not reserved to the entire Board or otherwise nondelegable. Other regular committees may be created by, or in accordance with, the procedures set forth in Bylaws adopted by the Board. Ad hoc committees may, from time to time, be established by the President of the Board to serve as temporary committees for a limited purpose.

(b) Meetings. The Board shall hold at least one regular meeting each year. The Board shall fix the date upon which, and the hour and place at which, each regular meeting is to be held, and the Chief Administrative Officer shall notify each Member of that action. Other meetings of the Board and meetings of any duly established committees may be held in accordance with applicable law. All meetings of the Board and regular committees shall be held in a manner consistent with the Bylaws and in compliance with the Ralph M. Brown Act (California Government Sections 54950, et seq.).

(c) Bylaws and Regulations. The Board may adopt Bylaws and regulations that are not inconsistent either with applicable law or with this Agreement. In the event the Bylaws or regulations are inconsistent with this Agreement, this Agreement shall control. The Chief Administrative Officer shall send to each Member all such Bylaws and regulations, and any amendments thereto, promptly after adoption by the Board.

SECTION 7
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1.1.2 Officers

(a) The Board shall elect a President and Vice-President from among its members to perform the duties set forth in the Bylaws.

(b) The Chief Administrative Officer shall be the Secretary of MPA and shall be responsible fo r maintaining all records of MPA.

(d) The Board may appoint such other officers, employ individuals, and contract with consultants and other professional persons or firms as it considers necessary to carry out the purposes of this Agreement.

SECTION 8
Powers of MPA

MPA shall have the powers and authority to exercise any powers common to its Members and is hereby authorized, in its own name, to do all acts necessary for the exercise of such common powers, including, but not limited to, each of the following:

(1) Make and enter into contracts;

(2) Incur debts, liabilities, and obligations, but no debt, liability, or obligation of MPA is a debt, liability, or obligation of any Member, pursuant to Government Code Section 6508.1;

(3) Acquire, hold, or dispose of real and personal property;

(4) Receive contributions and donations of property, funds, services, and other forms of assistance from any source;

(5) Sue and be sued in its own name;

(6) Employ agents and employees;

(7) Acquire, construct, manage, and maintain buildings;

(8) Lease real or personal property, including that of a Member; 107

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(9) Receive, collect, invest, and disburse monies; and

(10) Carry out other duties as required to accomplish other responsibilities as set forth in this Agreement.

These powers shall be exercised in the manner provided by law and as expressly set forth in this Agreement. Pursuant to Section 6509 of the California Government Code, the exercise of such powers shall be subject only to those restrictions upon the manner of exercising the powers which are imposed upon Members, such as the City of Pleasant Hill, in the exercise of similar powers.

SECTION 9
Fiscal Year

The "fiscal year" of MPA is the period from the first day of July of each year to and including the 30th day of June of the following year.

SECTION 10
Coverage Provided by MPA

Pursuant to the payment of contributions by each Member, MPA shall provide coverage pursuant to one or more Memoranda of Coverage and/or purchased policies of insurance under the programs selected by the Member.

SECTION 11

1.1.3 Establishment and Administration of Funds

The Board shall establish such funds as it deems necessary to conduct the business of MPA.

SECTION 12

1.1.4 Budget

MPA shall adopt an annual budget no later than the first day of its fiscal year.

SECTION 13

1.1.5 Member Contributions

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The Chief Administrative Officer shall be responsible for calculating annually the amount of contributions to be charged for coverage selected by Members. The Board shall approve each charge before it takes effect. Each Member, by the act of paying its contribution, accepts the coverage provided by MPA.

SECTION 14
Accounts and Records

The Chief Administrative Officer shall be responsible for establishing and maintaining the funds and accounts in accordance with acceptable accounting practices and maintaining such other records as the Board requires pursuant to the procedures set forth in the Bylaws. The Chief Administrative Officer shall have the custody of and be respons ible for the disbursement of MPA funds as provided by accounting procedures developed in accordance with this Agreement and the Bylaws.

SECTION 15

1.1.6 Reserves

Separate reserves shall be maintained in the funds for each type of coverage.

SECTION 16

1.1.7 MPA Functions and Responsibilities

MPA shall provide comprehensive risk management services to its Members.

SECTION 17

1.1.8 Member Responsibilities

Each Member has responsibilities, including the following:

(1) Appoint its representative and alternate to the MPA Board in accordance with the applicable practices and procedures.

(2) Cooperate fully with MPA in the investigation, defense, and settlement of Claims, including compliance with any applicable Memoranda of Coverage.

(3) Comply with risk management recommendations, guidelines, and requirements established by MPA;

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(4) Pay contributions and assessments approved by the Board when due.

(5) Provide MPA with data and other information requested; and

(6) Cooperate with and assist MPA and any insurer, adjuster, or legal counsel retained by MPA in matters related to this Agreement, any Bylaws adopted by the Board, and any other governing documents, policies, or procedures adopted by the Board.

SECTION 18
New Members

Upon the vote of two -thirds of all members of the Board, any other public entity in Contra Costa County or in the general geographic area reasonably serviceable from Contra Costa County may become a party to this Agreement upon execution of this Agreement, and shall forthwith pay to MPA its current contribution payment as determined in accordance herewith, as well as any fees and expenses set by the Board.

SECTION 19
Cancellation of Coverage i n a Program or Programs

lf a Member fails to comply with this Agreement, any Bylaws adopted by the Board, or any procedures or policies established by the Board, the Board may, by a two -thirds vote of all members of the Board, refuse to provide coverage or may cancel any coverage being provided to that Member in any program(s).

SECTION 20
Termination of Agreement and Disposition of
Assets Upon Termination of Agreement

This Agreement may be terminated upon the unanimous consent of all parties to it. Upon complete termination of this Agreement by all Members and the settlement of all liabilities and claims, including incurred but not reported claims, all property of MPA s hall be divided among the Members in a ratio equal to that of the total amounts paid by the Members for the five (5) fiscal years preceding the year in which the Agreement is terminated.

SECTION 21
Withdrawal of a Member

A Member may withdraw as a Member and party to the Agreement, effective at the end of any fiscal year upon giving MPA six (6) months prior written notice of its intent to withdraw.

SECTION 22
Expulsion

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The Board, by a three-fourths vote of all members of the Board, may expel any member for the reasons and under the procedures set forth in the Bylaws.

SECTION 23
Effect of Withdrawal or Expulsion

The withdrawal or expulsion of any Member shall not terminate its responsibilities and obligations as set forth in MPA’s governing documents.

Upon withdrawal of a Member, that Member is entitled only to its pro rata share of the balance of the amount paid by it for the fiscal year in which withdrawal takes place. That Member shall not participate in or be entitled to any other funds, property, or other assets of MPA. Coverages under all pool coverage programs for the coverage periods in which that Member participated will remain in effect and continue until the conclusion of their respective program years.

SECTION 24
Liability and Indemnification

MPA shall defend and indemnify its Board members, officers, and employees to the same extent as any other public entity of the State of California is obliged to defend and indemnify its public employees pursuant to California Government Code Section 825, et seq., or other applicable provisions of law.

MPA may insure or self-insure itself to the extent deemed necessary by the Board against loss, liability and claims arising out of or connected to the conduct of MPA's activities.

SECTION 25
Assessment

Upon a two-thirds vote of all members of the Board, the Board shall have the authority to levy a cash assessment for any pooled coverage program if the Board finds that there are insufficient funds available to MPA to meet its legal obligations.

Any cost, including attorneys' fees, incurred by MPA in collecting any cash assessment shall be reimbursed by the Member against which such collection action has been taken.

Section 26
Dividends and Premium Rebates

Upon a two-thirds vote of all members of the Board, the Board shall have the authority to declare a dividend, rebate of excess contributions, and/or reduction of future contributions for any pooled coverage program if the Board finds there are excess reserves in the retention fund. 111

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SECTION 27
Severability

lf any portion, term, condition or provision of this Agreement is determined by a court to be illegal or in conflict with a law of the State of California, or is otherwise rendered unenforceable or ineffectual, the validity of the remaining portions, terms, conditions, and provisions is not affected.

SECTION 28
Prohibition Against Assignment

No Member may assign a right, claim, or interest it may have under this Agreement. No creditor, assignee, or third party beneficiary of a Mem ber has a right, claim, or title to any part, share, interest, fund, premium or asset of MPA.

SECTION 29
Amendment

This Agreement may be amended by Resolution of the governing bodies of two thirds of the then- participating Members. Appendix A to this Agreement may be amended to correctly list current Members without separate action by the governing bodies of the Members or the Board, and provided any additional members execute the Agreement.

SECTION 30
Notices

Notices to Members under this Agreement shall be sufficient if delivered to the office of the Member. Notices to MPA shall be sufficient if delivered to the office of the Chief Administrative Officer.

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Member Date Joined
Antioch 5/2/1977
Brentwood 5/2/1977
Clayton 5/2/1977
Danville 2/1/1983
Gilroy 7/1/2015
El Cerrito 5/2/1977
Hercules 5/2/1977
Lafayette 5/2/1977
Manteca 1/1/1998
Martinez 5/2/1977
Moraga 5/2/1977
Mountain House 7/1/2024
Oakley 7/1/2002
Orinda 7/1/1986
Pacifica 7/1/2006
Pinole 5/2/1977
Pittsburg 5/2/1977
Pleasant Hill 5/2/1977
San Pablo 5/2/1977
San Ramon 7/1/1986
Walnut Creek 5/2/1977

MUNICIPAL POOLING AUTHORITY JOINT EXERCISE OF POWERS AGREEMENT Appendix A - List of MPA Members
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MUNICIPAL POOLING AUTHORITY

AMENDED AND RESTATED JOINT EXERCISE OF POWERS AGREEMENT

This Amended and Restated Joint Exercise of Powers Agreement (hereafter “Agreement”) is entered into by and among the p ublic e ntities listed in Appendix A ( hereafter referred to as "Members").

RECITALS

1. The Members are public entities organized and operating under the laws of the State of California;

2. The following State l aws, among others, authorize the Members to enter into this Agreement:

a. Labor Code Section 3700, allowing a public entity to fund its own workers' compensation claims;

b. Government Code Sections 989 and 990, permitting a local public entity to insure itself against liability and other losses;

c. Government Code Section 990.4, permitting a public entity to provide insurance and self-insurance in any desired combination;

d. Government Code Section 990.6, providing that the cost of insurance authorized under the related sections is a proper charge against the local public entity;

f. Government Code Sections 6500, et seq., permitting two or more local public entities to jointly exercise under an agreement any power which is common to each of them.

3. Each of the Members desires to enter into an agreement with each of the others for the purpose of insuring against various risks jointly, rather than individually.

4. Pursuant to Government Code Section 6508.1, the debts, liabilities and obligations of MPA shall not constitute debts, liabilities, or obligations of the Members.

5. MPA was originally formed by a Joint Powers Agreement in 1977. Since that time the Agreement has been amended several times and Members have withdrawn from and new Members have been added to MPA.
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NOW, THEREFORE, for and in consideration of the mutual benefits, covenants and agreements set forth herein, the Members agree as follows:

SECTION 1
Authority and Purpose

This Agreement is made under the authority of California Government Code Sections 6500, et seq. between the Members. The purpose of this Agreement is to exercise jointly powers common to each Member by managing risks and pooling or purchasing coverage for losses.

SECTION 2
Definitions

Unless the context otherwise requires:

1. "MPA" shall mean the public entity known as the Municipal Pooling Authority created by this Agreement.

2. "Board" shall mean the governing body of MPA.

3. "Chief Administrative Officer" shall mean the person appointed by the Board as the Chief Administrative Officer of MPA.

5. "Member" shall mean any public entity listed in Appendix A to this Agreement.

6. "Memoranda of Coverage" shall mean documents issued by MPA specifying the type, terms, conditions, and limitations of coverage provided by MPA to each Member that participates in the program .

SECTION 3
Creation of MPA

Pursuant to A rticle 1, Chapter 5, Division 7, Title 1 of the California Government Code (commencing with Section 6500), the parties hereto create a A public entity, separate and apart from the parties hereto and , to be known as the Municipal Pooling Authority, was previously created and is continued .pursuant to Article 1, Chapter 5, Division 7, Title 1 of the California Government Code (commencing with Section 6500).

SECTION 4
Terms of Agreement

This Agreement is effective as of __________________ and continues until terminated as hereafter provided. The prior Joint Exercise of Powers Agreement is terminated upon the effective date hereof.

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SECTION 5
Governing Board

SECTION 6
Meetings and Committees

(a)
Committees. The Board may establish an Executive Committee comprised of members of the Board and delegate to it any powers or functions not reserved to the entire Board or otherwise nondelegable. Other regular committees may be created by, or in accordance with, the procedures set forth in Bylaws adopted by the Board. Ad hoc committees may from time to time be established by the President of the Board to serve as temporary committees for a limited purpose.

Other meetings of the Board and meetings of any duly established committees may be held in accordance with applicable law. All meetings of the Board and regular committees shall be held in a manner consistent with the Bylaws and in compliance with the Ralph M. Brown Act (California Government Sections 54950, et seq.).

(c) Bvlaws and Regulations. The Board may adopt Bylaws and regulations that are not inconsistent either with applicable law or with this Agreement. In the event the Bylaws or regulations are inconsistent with this Agreement, this Agreement shall control. The Chief Administrative Officer shall send to each Member all such Bylaws and regulations, and any amendments thereto, promptly after adoption by the Board.

SECTION 7
Officers

(a) The Board shall elect a President and Vice-President from among its members to perform the duties set forth in the Bylaws.

(b) The Chief Administrative Officer shall be the Secretary of MPA and shall be responsible for maintaining all records of MPA.

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SECTION 8
Powers of MPA

MPA shall have the powers and authority to exercise any powers common to its Members and is hereby authorized, in its own name, to do all acts necessary for the exercise of those such common powers, referred to in the Recitals including, but not limited to, each of the following:

(1) Make and enter into contracts;

(2) Incur debts, liabilities and obligations but no debt, liability or obligation of MPA is a debt, liability or obligation of any Member, pursuant to Government Code Section 6508.1;

(3) Acquire, hold or dispose of real and personal property;

(4) Receive contributions and donations of property, funds, services and other forms of assistance from any source;

(5) Sue and be sued in its own name;

(6) Employ agents and employees;

(7) Acquire, construct, manage and maintain buildings;

(8) Lease real or personal property including that of a Member;

(9)
Receive, collect, invest, and disburse monies; and

(10) Carry out other duties as required to accomplish other responsibilities as set forth in this Agreement.

These powers shall be exercised in the manner provided by law and as expressly set forth in this Agreement. Pursuant to Section 6509 of the California Government Code, the exercise of such powers shall be , subject only to those restrictions upon the manner of exercising the powers which are imposed upon Members such as the City of Pleasant Hill, in the exercise of similar powers.

SECTION 9
Fiscal Year

The "fiscal year" of MPA is the period from the first day of July of each year to and including the 30th day of June of the following year.

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SECTION 10
Coverage Provided by MPA

SECTION 11
Establishment and Administration of Funds

The Board shall establish such funds as it deems necessary to conduct the business of MPA.

SECTION 12
Budget

MPA shall adopt an annual budget no later than the first day of its fiscal year.

SECTION 13
Member Contributions

The Chief Administrative Officer shall be responsible for calculating annually the amount of contributions to be charged for coverage selected by Members. The Board shall approve each charge before it takes effect. Each Member by the act of paying its contribution accepts the coverage provided by MPA.

SECTION 14
Accounts and Records

The Chief Aministrative Officer shall have the custody of and be responsible for the disbursement of MPA funds as provided by accounting procedures developed in accordance with this Agreement and the Bylaws.

SECTION 15
Reserves

Separate reserves shall be maintained in the funds for each type of coverage.

SECTION 16
MPA Functions and Responsibilities

MPA shall provide comprehensive risk management services to its Members.

Formatted: Normal, Tab stops: Not at 0"
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SECTION 17
Member Responsibilities

Each Member has responsibilities, including the following:

(1) Appoint its representative and alternate to the MPA Board in accordance with the procedures set forth in the Bylawsapplicable practices and procedures;

(2) Cooperate fully with MPA in the investigation, defense, and settlement of Claims, including compliance with any applicable Memoranda of Coverage;

(3) Comply with risk management recommendations, guidelines, and requirements established by MPA;

(4) Pay contributions and assessments approved by the Board when due;

(5) Provide MPA with statistical and loss experience, data and other information requested; and

SECTION 18
New Members

Upon the vote of two-thirds of all members of the Board, any other public entity in Contra Costa County or in the general geographic area reasonably serviceable from Contra Costa County may become a party to this Agreement upon execution of this Agreement, and shall forthwith pay to MPA its current contribution payment as determined in accordance herewith, as well as any fees and expenses set by the Board.

SECTION 19
Cancellation of Coverage i n a Program or Programs

lf a Member fails to comply with this Agreement, any Bylaws adopted by the Board, or any procedures or policies established by the Board, the Board may, by a two- thirds vote of all members of the Board, refuse to provide coverage or may cancel any coverage being provided to that Member in any program(s).

SECTION 20
Termination of Agreement and Disposition of
Assets Upon Termination of Agreement

This Agreement may be terminated upon the unanimous consent of all parties to it. Upon complete termination of this Agreement by all Members and the settlement of all liabilities and claims, including incurred but not reported claims, all property of MPA shall be divided among the Members in a ratio equal to that of the total amounts paid by the Members for the five (5) fiscal years preceding the year in which the Agreement is terminated.

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SECTION 21
Withdrawal of a Member

A Member may withdraw as a Member and party to the Agreement, effective at the end of any fiscal year upon giving MPA six (6) months prior written notice of its intent to withdraw.

SECTION 22
Expulsion

The Board, by a three-fourths vote of all members of the Board, may expel any member for the

reasons and under the procedures set forth in the Bylaws.

SECTION 23
Effect of Withdrawal or Expulsion

The withdrawal or expulsion of any Member shall not terminate its responsibilities and obligations as set forth in MPA’s governing documents.

SECTION 24
Liability and Indemnification

MPA may insure or self-insure itself to the extent deemed necessary by the Board against loss, liability and claims arising out of or connected to the conduct of MPA's activities.

SECTION 25
Assessment

Any cost, including attorneys' fees, incurred by MPA in collecting any cash assessment shall be reimbursed by the Member against which such collection action has been taken.

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Section 26
Dividends and Premium Rebates

Upon a two- thirds vote of all members of the Board, the Board shall have the authority to declare a dividend, rebate of excess contributions, and/or reduction of future contributions for any pooled coverage program if the Board finds there are excess reserves in the retention fund.

SECTION 27
Severability

lf any portion, term, condition or provision of this Agreement is determined by a court to be illegal or in conflict with a law of the State of California, or is other wise rendered unenforceable or ineffectual, the validity of the remaining portions, terms, conditions, and provisions is not affected.

SECTION 28
Prohibition Against Assignment

No Member may assign a right, claim, or interest it may have under this Agreement . No creditor, assignee, or third party beneficiary of a Member has a right, claim, or title to any part, share, interest, fund, premium or asset of MPA.

SECTION 29
Amendment

This Agreement may be amended by Resolution of the governing bodies of two- t hirds of the then-participating Members. Appendix A to this Agreement may be amended to correctly list current Members without separate action by the governing bodies of the Members or the Board, and provided any additional members execute the Agreement.

SECTION 30
Notices

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IN WITNESS WHEREOF, the parties hereto have executed this Joint Exercise of Powers Agreement as of the day and year first above written.

City of Antioch

City of Mountain House

City of Brentwood

City of Oakley

City of Clayton

City of Orinda

Town of Danville

City of Pacifica

City of El Cerrito

City of Pinole

City of Gilroy

City of Pittsburg

City of Hercules

City of Pleasant Hill

City of Lafayette

City of San Pablo

City of Manteca

City of San Ramon

City of Martinez

City of Walnut Creek

Town of Moraga

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Municipal Pooling Authority
Amended & Restated
Joint Exercise of Powers Agreement
April 14, 2026
Presented by:

Kristi Carter, Human Resources Manager
123
Agenda

1. Overview of the Municipal Pooling Authority
(“MPA”)

2. Summary of Services Provided

3. Governance Structure

4. Amended & Restated MPA Joint Exercise of
Powers Agreement (“JPA”)
124
Overview of the MPA

1. Joint Exercise of Powers Authority (“JPA”)

2. 21 member cities

3. Hercules member since 1977

4. Pool risk across agencies

5. Provide insurance & risk management services

6. Stabilize long-term costs
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Summary of Services Provided
Workers’ Compensation Claims Administration & Litigation Liability Claims Administration & Litigation
Vehicle Physical Damage Coverage
Property Brokerage and Coverages
Benefits: Short Term Disability, Long Term Disability, Life Insurance Wellness Program
Safety & Risk Training and Support
Police Risk Committee
Public Works & Safety Risk Committee
Employee Ergonomics Evaluations and Trainings
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Layers of Coverage
• MPA Provides coverage up to $500K
• Excess Coverage of $500K to statutory limits through PRISM Workers’ Compensation
• MPA provides for coverage up to $1M above individual self- insured retentions limits.
• Hercules’ SIR is $10K
• Excess Coverage of $9M through CARMA
• CARMA retains excess liability insurance $10M - $34.5M General Liability Coverage
127
MPA Governance Structure
MPA is governed by a Board of
Directors; each of the 21
members designates a primary
and alternate Board member to
sit on the Board.

The Board delegates authority
of claims matters to the elected
officers that make up the 7-
member Executive Committee.

The Coverage and Governance
Committee reviews all
governing documents of the
pool.

Governing documents include
the Joint Exercise of Powers
Authority Agreement, Bylaws,
and Memorandums of Coverage
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Why Update the MPA JPA
 Last updated in 2005
 Aligns with current laws
 Clarifies governance
 Improves consistency
 No change to coverage, services, or
participation
129
Staff Recommendation
Adopt a resolution approving the Municipal
Pooling Authority Amended and Restated
Joint Exercise of Powers Agreement for
providing Property, Workers' Compensation,
Public Liability, and other insurance
coverages.
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THANK YOU
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Hercules City CouncilApril 14, 2026

Hercules City Council
April 14, 2026