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HomeMy WebLinkAboutMINUTES - 07112017 - (2)CALENDAR FOR THE BOARD OF SUPERVISORS CONTRA COSTA COUNTY AND FOR SPECIAL DISTRICTS, AGENCIES, AND AUTHORITIES GOVERNED BY THE BOARD BOARD CHAMBERS ROOM 107, ADMINISTRATION BUILDING, 651 PINE STREET MARTINEZ, CALIFORNIA 94553-1229 FEDERAL D. GLOVER, CHAIR, 5TH DISTRICT KAREN MITCHOFF, VICE CHAIR, 4TH DISTRICT JOHN GIOIA, 1ST DISTRICT CANDACE ANDERSEN, 2ND DISTRICT DIANE BURGIS, 3RD DISTRICT DAVID J. TWA, CLERK OF THE BOARD AND COUNTY ADMINISTRATOR, (925) 335-1900 PERSONS WHO WISH TO ADDRESS THE BOARD DURING PUBLIC COMMENT OR WITH RESPECT TO AN ITEM THAT IS ON THE AGENDA, MAY BE LIMITED TO TWO (2) MINUTES. A LUNCH BREAK MAY BE CALLED AT THE DISCRETION OF THE BOARD CHAIR. The Board of Supervisors respects your time, and every attempt is made to accurately estimate when an item may be heard by the Board. All times specified for items on the Board of Supervisors agenda are approximate. Items may be heard later than indicated depending on the business of the day. Your patience is appreciated. ANNOTATED AGENDA & MINUTES July 11, 2017            9:00 A.M. Convene and announce adjournment to closed session in Room 101. Closed Session A. CONFERENCE WITH LABOR NEGOTIATORS 1. Agency Negotiators: David Twa and Bruce Heid. Employee Organizations: Contra Costa County Employees’ Assn., Local No. 1; Am. Fed., State, County, & Mun. Empl., Locals 512 and 2700; Calif. Nurses Assn.; Service Empl. Int’l Union, Local 1021; District Attorney’s Investigators Assn.; Deputy Sheriffs Assn.; United Prof. Firefighters, Local 1230; Physicians’ & Dentists’ Org. of Contra Costa; Western Council of Engineers; United Chief Officers Assn.; Service Employees International Union Local 2015; Contra Costa County Defenders Assn.; Probation Peace Officers Assn. of Contra Costa County; Contra Costa County Deputy District Attorneys’ Assn.; and Prof. & Tech. Engineers, Local 21, AFL-CIO; Teamsters Local 856. 2. Agency Negotiators: David Twa. Unrepresented Employees: All unrepresented employees. B. CONFERENCE WITH LEGAL COUNSEL--EXISTING LITIGATION (Gov. Code, § 54956.9(d)(1)) 1. Contra Costa County v. Richard D. Erickson, et al., Contra Costa County Superior Court Case No. C16-00328. 2. Contra Costa County v. Raymond J. Perry, Jr., et al., Contra Costa County Superior Court Case No. C16-00346. 3. Contra Costa County v. Howard Silva, et al., Contra Costa County Superior Court Case No. C16-00347. 4. John Higgins v. Contra Costa County, WCAB Nos. ADJ104657; ADJ2668886 C. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: 2311 Loveridge Road, Pittsburg Agency Negotiator: Timothy Ewell, Senior Deputy County Administrator, and Karen Laws, Principal Real Property Agent Negotiating Parties: County of Contra Costa and the Los Medanos Community Healthcare District Under negotiation: Rent and terms 9:30 A.M. Call to order and opening ceremonies. Inspirational Thought- "A cloudy day is no match for a sunny disposition." ~ William Arthur Ward Present: John Gioia, District I Supervisor; Candace Andersen, District II Supervisor; Diane Burgis, District III Supervisor; Karen Mitchoff, District IV Supervisor; Federal D. Glover, District V Supervisor Staff Present:David Twa, County Administrator Sharon Anderson, County Counsel CONSIDER CONSENT ITEMS (Items listed as C.1 through C.176 on the following agenda) – Items are subject to removal from Consent Calendar by request of any Supervisor or on request for discussion by a member of the public. Items removed from the Consent Calendar will be considered with the Discussion Items.   PRESENTATIONS (5 Minutes Each)   PRESENTATION recognizing Veterans' Voices TV Show. (Nathan Johnson, Veterans Services Officer)     AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover PRESENTATION honoring County employees for their many years of service to Contra Costa County: James R. Tysell, M.D. for his 38 years of service to be presented by Supervisors Mitchoff and Andersen and William Walker, M.D., Health Services Director    AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover DISCUSSION ITEMS   D. 1 CONSIDER Consent Items previously removed.    There were no items removed for discussion.   D.2 HEARING to consider adoption of Resolution No. 2017/221 approving the County Flood Control and Water Conservation District Stormwater Utility Assessments for areas 1-18 for Fiscal Year 2017-2018, as recommended by the Chief Engineer, Flood Control and Water Conservation District, Countywide. (100% Stormwater Utility Area Assessments) (Mike Carlson, Public Works Department) (Continued from June 20, 2017)       CLOSED the public hearing; FOUND that adoption of Resolution 2017/221 is not disputed and collection of assessments is necessary for the cities and unincorporated Contra Costa County (County) for the National Pollutant Discharge Elimination System (NPDES) program and drainage maintenance activities; ADOPT Resolution 2017/221 approving the Stormwater Utility Assessments for Fiscal Year 2017-2018 for Stormwater Utility Areas No. 1 through 18.    AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover D.3 HEARING to consider an appeal of the County Planning Commission decision to approve a    D.3 HEARING to consider an appeal of the County Planning Commission decision to approve a single-family residential addition at 285 Colusa Avenue in the Kensington area; and to consider related actions under the California Environmental Quality Act, County File #DP15-3009 (Amara L. Morrison, Appellant) (Phoebe Kwan and Ralph Leighton, Applicants). (Jennifer Cruz, Conservation and Development Department) (Continued from June 20, 2017)       Staff reports that the parties have agreed to a revised plan submitted on April 11, 2017, as noted in the board order. Both parties stated their agreement for the record. Mr. Gerstel further stated for the record that future concerns may exist regarding: 1. The latest planners statement reiterates errors and dubious claims contained in previous reports; and 2. A new claim he believes is a factual error, is that the proposed shrubbery to screen the new construction from view on from his property does so. CLOSED the hearing; FOUND that the proposed project is categorically exempt from the California Environmental Quality Act - Class 1 (CEQA Guidelines § 15301 (e)(1)); DENIED the appeal of Amara L. Morrison (Attorney for David and Sandra Gerstel - Appellants); ACCEPTED the decision of the County Planning Commission; APPROVED the revised project for a Kensington Design Review Development Plan for a single-family residential addition and an attached uncovered deck, County File #DP15-3009; ADOPTED the findings and conditions of approval for County File #DP15-3009; DIRECTED the Department of Conservation and Development Director, or his designee to file a Notice of Exemption with the County Clerk.    AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover D.4 CONSIDER introducing Ordinance No. 2017-16, which would establish a permit program for specified non-franchised solid waste haulers, WAIVE reading, and FIX August 1, 2017 for adoption. (Marilyn Underwood, Health Services Department; Deidra Dingman, Conservation and Development Department)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover D.5 CONSIDER adopting zoning Ordinance 2017-10 to regulate the location of tobacco retailing businesses and prohibit the establishment of hookah lounges, vapor lounges, and significant tobacco retailing businesses. (Ruben Hernandez, Conservation and Development Department)       Speakers: Amarjit Sekhom, resident of San Leandro; Mary Jaccodine, CC Tobacco Prevention Coalition; LIz williams, Americans for NOnsmokers' Rights; Alexandra Winston, resident of Vallejo.    AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover D.6 CONSIDER introducing Ordinance No. 2017-01 to establish restrictions on the retail sales of emerging tobacco products, regulate the sale of flavored tobacco products and menthol cigarettes, prohibit tobacco retailing in pharmacies, and establish a cap on the number of tobacco retailer’s licenses issued by the County; WAIVE reading; FIX July 18, 2017, for adoption; and DECLARE intent to adopt findings in support of Ordinance No. 2017-01. (Dan Peddycord, Public Health Director)       Speakers: Laura Nathan, ACS-Cancer Action Network; Stephanie Winn-McCorkle, American Cancer Society, Cancer Action Network (ACSCAN); Kayla Walker, resident of Brentwood; Phillip Gardiner, African American Leadership Council; Mary Jaccodine, Contra Costa Tobacco Prevention Coalition; LIz Williams, Americans for Nonsmokers' Rights; Tanya Stevenson, Breathe California; Audrey Apadill, Breathe California; Crystal Tse, resident of San Pablo; Lori Bremner, ACSCAN; Teresita Omelas, resident of Antioch; Mariene Lopez, resident of Antioch; Ivana Cortez, resident of Antioch; Rosalyn Moya, BACK- Project Ride; Margo Connolly, ACSCAN; Blanca Collin, Monument Impact; Guadalupe Alaniz, Monument Impact; Carolyn Dillingham, resident of Alamo; Julie Oshiro, resident of El Sobrante; Bob Gordon, Tobacco Prevention Coalition; Alexandra Winston, resident of Vallejo; Cassie Ray, ACSCAN; Juanita Kizor, resident of Orinda; Norma & Lynsey; Karina Vallejo; Cassie Ray, ACSCAN; Juanita Kizor, resident of Orinda; Norma & Lynsey; Karina Guadalupe, resident of Richmond; Joes Ramos, ASCCAN; Rachel Gratz; Maria Alegria, Democratic party of Contra Costa. INTRODUCED Ordinance No. 2017-01 to establish restrictions on the retail sales of emerging tobacco products such as electronic smoking devices, regulate the sale of flavored tobacco products and menthol cigarettes, prohibit tobacco retailing in pharmacies, and establish a cap on the number of tobacco retailer’s licenses issued by the County; WAIVED reading; and FIXED July 18, 2017, for adoption; DECLARED intent to adopt findings in support of Ordinance No. 2017-01; DIRECTED the Health Services Department to report annually to the Family and Human Services Committee on the implementation of the ordinance; DIRECTED that staff allow businesses until December 31, 2017 to have all relevant stock sold, at which time strict enforcement be implemented.    AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover D. 7 PUBLIC COMMENT (2 Minutes/Speaker)    Maria Alegria, Democratic Party of Contra Costa and Margaret Hanlon-Gradie, Contra Costa AFL-CIO Labor Council, requested revisions to the public forum process to allow for more public input for the interim District Attorney; Paul Burgarino, Contra Costa Clerk-Recorder, Elections Department announced a photo contest (through August 6) for the winning photo to appear on the 2018 voter guide, all are encouraged to participate by submitting photos of civic life in Contra Costa. Additionally, the Clerk-Recorder's office has extended hours for summer, open Thursday evenings til 7:30 p.m. in July and August Hakim Jabbar, Weedonit Collective, a medical marijuana collective, spoke on recent code enforcement actions, and that the growers were not notified of any changes in the law regarding growing cannabis outdoors, and the confusion with the guidelines of SB420 and County regulations. Felix Sanchez spoke on the immense congestion and dangerous travel on an area on State Route 4 from the Interstate 680 interchange/Pacheco Avenue exit to the Pittsburg exits, where it condenses down from three lanes to two lanes. The following people did not wish to speak, but left written commentary for the Board's consideration (attached): Dana Richardson, Bay Point; Richadson Wright, Weedonit Collective; Justina Henry, Weedonit Collective.   D. 8 CONSIDER reports of Board members.    There were no items reported today.   Closed Session   ADJOURN   CONSENT ITEMS   Road and Transportation   C. 1 AWARD and AUTHORIZE the Public Works Director, or designee, to execute a construction contract with Hess Concrete Construction Co., Inc., in the amount of $150,000, for the 2017 On-Call Pipe Rehabilitation Services Contract(s) for Various Road, Flood Control, and Airport Maintenance Work, Countywide. (100% Local Road Funds)       RELISTED to a future date uncertain.   C. 2 ADOPT Traffic Resolution No. 2017/4457 to prohibit parking at all times on a portion of the south    C. 2 ADOPT Traffic Resolution No. 2017/4457 to prohibit parking at all times on a portion of the south side of Center Avenue (Road No. 4074A), as recommended by the Public Works Director, Pacheco area. (No fiscal impact)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 3 CONTINUE the emergency action originally taken by the Board of Supervisors on March 7, 2017, pursuant to Public Contract Code Sections 22035 and 22050, to repair the Morgan Territory Road Slide Repair Project, as recommended by the Public Works Director, Clayton area. (100% Local Road Funds)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 4 ADOPT Resolution No. 2017/245 accepting as complete the contracted work performed by Hess Concrete Construction Co. Inc., for the Port Chicago Highway and Willow Pass Road Bike & Pedestrian Improvements Project, as recommended by the Public Works Director, Bay Point area. (75% Active Transportation Program Funds, 18% Safe Routes to School Funds, 7% Bay Point Area of Benefits Funds)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 5 CONTINUE the emergency action originally taken by the Board of Supervisors on February 14, 2017, pursuant to Public Contract Code Sections 22035 and 22050, to repair the Alhambra Valley Road Washout Project, as recommended by the Public Works Director, Pinole area. (100% Local Road Funds)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Engineering Services   C. 6 ADOPT Resolution No. 2017/226 ratifying the prior decision of the Public Works Director, or designee, to fully close a portion of Canyon Lake Drive, on July 4, 2017 from 4:00 p.m. through 10:00 p.m., for the purpose of the 4th of July parade and barbeque, Port Costa area. (No fiscal impact)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 7 ADOPT Resolution No. 2017/227 approving the eighth extension of the Subdivision Agreement for subdivision SD06-09131, for a project being developed by Jasraj Sing & Tomas Baluyut, as recommended by the Public Works Director, Bay Point area. (No fiscal impact)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 8 ADOPT Resolution No. 2017/230 approving the Road Improvement Agreement, RA07-01235, for a project being developed by KB Home South Bay Inc., as recommended by the Public Works Director, Pacheco area. (No fiscal impact)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 9 ADOPT Resolution No. 2017/233 ratifying the prior decision of the Public Works Director, or    C. 9 ADOPT Resolution No. 2017/233 ratifying the prior decision of the Public Works Director, or designee, to fully close all of Rolph Street on July 16, 2017, from 6:00 a.m. through 8:00 p.m., for the purpose of the 9th Annual Sugartown Festival, Crockett area. (No fiscal impact)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 10 ADOPT Resolution No. 2017/235 approving the Subdivision Agreement (Right-of-Way Landscaping) for subdivision SD05-08967, for a project being developed by KB Home South Bay, Inc., as recommended by the Public Works Director, Pacheco area. (No fiscal impact)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 11 ADOPT Resolution No. 2017/237 approving the Parcel Map for minor subdivision MS15-00007, for a project being developed by Darryl J. Hughey, as recommended by the Public Works Director, North Richmond area. (No fiscal impact)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 12 ADOPT Resolution No. 2017/247 accepting completion of public improvements for subdivision SD05-08950, for a project developed by AvalonBay Communities, Inc., as recommended by the Public Works Director, Pleasant Hill area. (No fiscal impact)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Special Districts & County Airports   C. 13 APPROVE and AUTHORIZE the Director of Airports, or designee, to execute a month-to-month hangar rental agreement with John Hayes for a T-hangar at Buchanan Field Airport effective July 11, 2017 in the monthly amount of $394.10, (100% Airport Enterprise Fund).        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 14 APPROVE and AUTHORIZE Director of Airports, or designee, to execute on behalf of the County a Nondisturbance and Attornment Agreement between the County, as the master landlord, the County’s tenant, TGF #201, and the new subtenant, Enterprise Rent-A-Car Co of San Francisco, LLC. (100% Airport Enterprise Fund)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 15 APPROVE and AUTHORIZE the Director of Airports, or designee, to execute a month-to-month hangar rental agreement with Rob Holmes for a shade hangar at Buchanan Field Airport effective July 5, 2017 in the monthly amount of $177.07, Pacheco area (100% Airport Enterprise Fund).        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Geologic Hazard Abatement Districts   C. 16 ADOPT California Tradewinds GHAD Resolution No. 2017/01 adopting the GHAD budget for 2017/2018 fiscal year and updating GHAD Manager payment limit under Consulting Services Agreement; and RECEIVE the GHAD Statement of Investment Policy prepared by the GHAD Treasurer.        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 17 ADOPT Blackhawk GHAD Resolution No. 2017/01 adopting the GHAD budget for 2017/2018 fiscal year and updating GHAD Manager payment limit under the Consulting Services Agreement; RECEIVE information on unanticipated expenditures for fiscal year 2016/2017 for increased operations and management costs not to exceed $600,000 and AUTHORIZE an additional $35,000 to the annual payment limit for the GHAD General Manager in 2016/2017; and RECEIVE the GHAD Statement of Investment Policy prepared by the GHAD Treasurer.       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Claims, Collections & Litigation   C. 18 As the governing body of the Contra Costa County Flood Control and Water Conservation District, APPROVE and AUTHORIZE the County Counsel, or her designee, to execute a joint defense confidentiality agreement between the District and the City of Antioch related to the lawsuit Contra Costa County Flood Control and Water Conservation District v. Gary A. Eames, et al.        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 19 DENY claims filed by Hassan Abdellaoui, Amir Allison (a minor), Dannisha Mills (mother) & Amado Allison (father), Felipe Hernandez, Kenja Hill, Michelle Hutson, Jerry Johnson, Sharlee Joseph-Battle, Siupeli Letatau, Jan Parfet, Jeff Richards, Ellen Rinehart & Eric Bohr and Latywan White.        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Honors & Proclamations   C. 20 ADOPT Resolution 2017/254 recognizing Debora Allen for serving as the Board of Supervisors Representative to the Contra Costa County Employees’ Retirement Association, as recommended by Supervisor Andersen.       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 21 ADOPT Resolution No. 2017/255 recognizing the contributions of James R. Tysell, M.D. on his 38 years of service to Contra Costa County, as recommended by Supervisors Mitchoff and Andersen.       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Hearing Dates   C. 22 ADOPT Resolution No. 2017/246 accepting the Chief Engineer’s Report for Annexation No. 4 to Drainage Area 76A, for Minor Subdivision 16-0004, and FIX a public hearing for August 15, 2017, at 9:30 a.m. in compliance with Proposition 218, as recommended by the Chief Engineer, Flood Control and Water Conservation District, Alamo area. (100% Drainage Area 76A Funds)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Appointments & Resignations   C. 23 REASSIGN Marilyn Cachola Lucey from the District II Alternate Seat to the District II Seat, DECLARE a vacancy in the District II Alternate Seat on the First 5 Contra Costa Children and Families Commission, and DIRECT the Clerk of the Board to post the vacancy, as recommended by Supervisor Andersen.       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 24 APPOINT Cherise Khaund to the District IV Seat of the the Family and Children's Trust Committee, as recommended by Supervisor Mitchoff.       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 25 APPOINT Trisha Mindel to the District 1 Alternate Seat on the First 5 - Contra Costa Children and Families Commission, as recommended by Supervisor Gioia.       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 26 APPOINT in lieu of election and APPOINT and DECLARE elected members of the Contra Costa County Retirement Board, for election conducted on June 13, 2017 for specified candidates, as on file in the Contra Costa County Elections Division, as recommended by the Clerk Recorder. (No fiscal impact)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 27 ACCEPT the resignations of Janelle Williams and Ella Jones; DECLARE vacancies in the Local Committee, City of Richmond and the At-Large #14 seats on the Advisory Council on Aging; and DIRECT the Clerk of the Board to post the vacancies as recommended by the Employment and Human Services Director.       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 28 ACCEPT the resignation of Jelani Killings; DECLARE a vacancy in the Private / Non-Profit Sector 4 seat on the Economic Opportunity Council; and DIRECT the Clerk of the Board to post the vacancy, as recommended by the Employment and Human Services Director.       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 29 APPOINT Tanya Brown to the Low-Income Sector 4 seat on the Economic Opportunity Council, as    C. 29 APPOINT Tanya Brown to the Low-Income Sector 4 seat on the Economic Opportunity Council, as recommended by the Employment and Human Services Director.       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 30 ACCEPT the resignation of Randy Tiller; DECLARE a vacancy in the Education and Training #2 (Higher Education) seat on the Workforce Development Board; and DIRECT the Clerk of the Board to post the vacancy, as recommended by the Employment and Human Services Department Director.       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 31 REAPPOINT Antoinette (Toni) Warren to the District V Representative seat on the Contra Costa County Merit Board, as recommended by Supervisor Glover.       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 32 APPOINT Mike Flanagan to the Appointee 2 seat, on the Pacheco Municipal Advisory Council, as recommended by Supervisor Glover.        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 33 APPOINT Vincent Robb to the Appointee 4 seat on the Pacheco Municipal Advisory Council, as recommended by Supervisor Glover.        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 34 APPOINT John Crowder to the District III Alternate seat on the County Library Commission, as recommended by Supervisor Burgis.        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 35 APPOINT Patrick Fields to the District III Consumer seat on the Mental Health Commission, as recommended by Supervisor Burgis.       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 36 APPROVE the medical staff appointment and reappointments, additional privileges, department assignments, staff advancement, voluntary resignations, and critical care and pediatric privilege changes recommended by the Medical Staff Executive Committee and by the Health Services Director.       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 37 APPOINT Lloyd Cowell to the 2nd Alternate seat on the Kensington Municipal Advisory Council (KMAC), as recommended by Supervisor Gioia.       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 38 ACCEPT the resignations of Angela Herron, Bonnie McCreary, Natalie Oleas, Jessica Laird, and Summer Selleck; DECLARE vacancies in the at-large seats #3, #5, #10, #13 and #14 on the Contra Costa Commission for Women; and DIRECT the Clerk of the Board to post the vacancies, as recommended by the Commission.       ADOPTED as presented; and REFERRED to the Internal Operations Committee   C. 39 ACCEPT the resignations of Luis Arenas and Deena Jones, DECLARE vacancies in the Child Care Provider 3 - Central South County seat and the Consumer 4 - East County seat on the Local Planning and Advisory Council for Early Care and Education (LPC), and DIRECT the Clerk of the Board to post the vacancies as recommended by the Contra Costa County Office of Education and the LPC.       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 40 APPOINT Robert Lilley to the Business 9 seat on the Workforce Development Board, as recommended by the Family and Human Services Committee.       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Appropriation Adjustments   C. 41 CSA P-6 CAB (7629)/Public Works Fleet ISF (0064): APPROVE Appropriations and Revenue Adjustment No. 5098 authorizing the transfer of fiscal year 2016/17 appropriations in the amount of $40,900 from the County Service Area P-6 Zone Central Administrative Base (7629) to Public Works Internal Service Fund (0064) for the purchase of a 2018 Ford F-150 Pickup Truck for use by the Sheriff's Community Services Officer assigned to Discovery Bay. (100% Restricted CSA P-6 Zone funds)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Intergovernmental Relations   C. 42 OPPOSE state bills SCA 12 (Mendoza): Counties: Governing Body: County Executive and SB 649 (Hueso): Wireless Telecommunications Facilities, as recommended by the County Administrator.        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Personnel Actions   C. 43 ADOPT Position Adjustment Resolution No. 21975 to add one Business Systems Analyst (represented) position and cancel one vacant Workforce Services Specialist (represented) position in the Employment and Human Services Department. (Cost savings)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 44 ADOPT Position Adjustment Resolution No. 21991 to establish the class of Geographic Information Systems Technician (represented) and add one position in the Department of Information Technology, GIS Division of the County Administrator's Office. (100% Department user fees)         AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 45 ADOPT Position Adjustment Resolution No. 22101 to cancel one vacant part-time (20/40) Registered Nurse (represented) position and increase the hours of one part-time (20/40) Registered Nurse (represented) position to full-time in the Health Services Department. (Cost savings)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 46 ADOPT Position Adjustment Resolution No. 22104 to increase the hours of one part-time (30/40) Registered Nurse position (represented) to full-time in the Health Services Department. (100% CCHP member premiums)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 47 ADOPT Position Adjustment Resolution No. 22105 to add one part time (20/40) Clerk-Experienced Level position (represented) in the Library Department. (100% offset by City of San Pablo Funds)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Leases   C. 48 APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a lease with Balbir Singh and Joginder Kaur Singh for a 4-year term for 3,412 square feet of office space located at 190 E. 4th Street, Pittsburg, at a rent of $20,472 for the first year, and $40,944 for each of the remaining three years. (100% General Fund)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Grants & Contracts   APPROVE and AUTHORIZE execution of agreements between the County and the following agencies for receipt of fund and/or services:   C. 49 APPROVE and AUTHORIZE the Sheriff-Coroner, or designee, to execute a contract with the City of Pittsburg, including mutual indemnification, to pay the County an amount not to exceed $7,500,000 to provide police dispatching services for the period January 1, 2018 through December 31, 2022. (100% City of Pittsburg funds)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 50 APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to execute a contract amendment with the Contra Costa County Office of Education to increase the amount payable to the County by $80,340 for a new payment limit of $366,340 for the County to continue implementing the Quality Rating and Improvement System with no change to term July 1, 2016 through June 30, 2017. (No County match)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 51 APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to apply for and accept funding from the Department of Health and Human Services Administration for Children and Families in an amount not to exceed $158,515 for Head Start supplemental funding for the period January 1 through December 31, 2017. (20% County in-kind match)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 52 APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to apply for and accept funding from the Department of Health and Human Services Administration for Children and Families in an amount not to exceed $10,549 for Early Head Start Child Care Partnership supplemental funding for the period July 1, 2017 through June 30, 2018. (20% County in-kind match)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 53 APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to execute a contract in an amount not to exceed $1,340,728 from the California Department of Education for alternative payment childcare programs operated by the County for the period July 1, 2017 through June 30, 2018. (No County match)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 54 RATIFY execution of a Cloud Subscription Agreement with Cornerstone OnDemand, Inc. by the Employment and Human Service’s Director of Information Systems, and AUTHORIZE and APPROVE the Employment and Human Service Director, or her designee, to execute an amendment to the Cloud Services Agreement with Cornerstone, in an amount not to exceed $383,595 for the period March 29, 2017 through March 28, 2020. (10% County; 48% State; $42% Federal)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 55 APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to apply for and accept funding from the Governor's Office of Business in an amount not to exceed $50,000 to provide services to current and aspiring business owners for the purpose of accessing capital for the period July 1, 2017 through June 30, 2018. (No County match)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 56 APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to execute a contract with California Department of Education to pay the County an amount not to exceed $5,026,559, to provide childcare and development programs for the period July 1, 2017 through June 30, 2018. (No County match)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 57 ADOPT Resolution No. 2017/236 approving and authorizing the Chief Assistant District Attorney, or designee, to submit an application and execute a grant award agreement, and any extensions or amendments thereof, pursuant to State guidelines, with the California Department of Insurance for funding of the Automobile Insurance Fraud Prosecution Program in the amount of $1,242,171 for the period July 1, 2017 through June 30, 2018. (100% State)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 58 APPROVE and AUTHORIZE the Employment & Human Services Director, or designee, to execute a contract amendment with the California Department of Community Services and Development to increase the amount payable to County by $360,890 to new payment limit of $846,479, to provide additional Community Services Block Grant program services with no change to term January 1, 2017 through December 31, 2017. (No County match)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 59 APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to submit an application to and accept funding from the Department of Health and Human Services Administration for Children and Families in an amount not to exceed $34,214 for Early Head Start supplemental funding for the term January 1 - December 31, 2017. (20% County in-kind match)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 60 APPROVE and AUTHORIZE the Agricultural Commissioner, or designee, to execute a contract with the California Department of Food and Agriculture in an amount not to exceed $59,237 to provide Light Brown Apple Moth quarantine response and regulatory enforcement activities for the period July 1, 2017 through June 30, 2018. (No County match)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 61 APPROVE and AUTHORIZE the Agricultural Commissioner, or designee, to execute a contract with the California Department of Food and Agriculture to reimburse the County in an amount not to exceed $14,550 for enforcement of Service Station laws for the period of July 1, 2017 through June 30, 2018. (No County match)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 62 APPROVE and AUTHORIZE the Sheriff-Coroner, or designee, to execute a contract with the California Commission on Peace Officer Standards and Training (POST), including full indemnification of the State of California, to pay the County an initial allocation not to exceed $7,727 to provide the Driving Simulator Instructor Training course for the period July 1, 2017 through June 30, 2018. (100% State)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 63 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with the United States Department of Housing and Urban Development, for McKinney-Vento Act funds, to pay County an amount not to exceed $666,691, for support services to homeless clients for the County’s Continuum of Care Project, for the period from July 1, 2017 through June 30, 2018. (25% County match)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 64 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with    C. 64 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with the United States Department of Housing and Urban Development to receive funding, payable to the County in an amount not to exceed $251,686, for housing sites for homeless youth with disabilities, mental illness, substance abuse, HIV/AIDS and dual diagnosis for the Permanent Connections Supportive Housing Program, for the period from July 1, 2017 through June 30, 2018. (25% County match)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 65 APPROVE and AUTHORIZE the Conservation and Development Director, or designee, to execute a contract with the Contra Costa Centre Association in an amount not to exceed $291,000 for transportation demand management services for the Contra Costa Centre area, for the period July 1, 2017 through June 30, 2018. (100% County Service Area M-31 funds)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 66 ADOPT Resolution No. 2017/250 to approve and authorize the Employment and Human Services Director, or designee, to execute a contract with the California Department of Aging to pay County an amount not to exceed $3,908,404 for Older Americans Act, Title III and Title VII services for the period July 1, 2017 through June 30, 2018. (County match $140,152)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 67 APPROVE and AUTHORIZE the County Administrator or designee to execute Memoranda of Understanding with the Superior Court of Contra Costa County formalizing the financial relationship and the continuing provision by the County of information technology and telecommunications services to the Court. (No additional fiscal impact)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover APPROVE and AUTHORIZE execution of agreement between the County and the following parties as noted for the purchase of equipment and/or services:   C. 68 APPROVE and AUTHORIZE the County Administrator, or designee, to execute a contract containing modified indemnification language with Liebert Cassidy Whitmore - a Professional Corporation, in an amount not to exceed $932,017 to serve as labor negotiators and to provide consulting services regarding labor relations for the period of July 1, 2017 to June 30, 2020. (100% General Fund)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 69 APPROVE and AUTHORIZE the Director of Human Resources, or designee, to execute a contract with TALX Corporation in an amount not to exceed $93,000 to implement an automated I-9 management solution system for the period of June 1, 2017 through June 30, 2020. (100% General Fund)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 70 APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to    C. 70 APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to execute a contract amendment effective June 1, 2017 with Contra Costa Senior Legal Services, to increase the payment limit by $18,549 to a new payment limit of $127,754 and extend the term from June 30, 2017 to August 31, 2017 for continuation of legal services to seniors. (100% Federal)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 71 APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to execute a contract with Ombudsman Services of Contra Costa County, Inc. in an amount not to exceed $245,841 to provide long-term care ombudsman services to seniors for the period of July 1, 2017 through June 30, 2018. (100% Federal)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 72 APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to execute a contract with Family Caregiver Alliance, in an amount not to exceed $125,306 for Older Americans Act, Title III-E Family Caregiver Provider Program services to support older adults, their caregivers, and families for the period of July 1, 2017 through June 30, 2018. (100% Federal)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 73 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Rene Lewellyn, Marriage and Family Therapist, Inc., in an amount not to exceed $200,000, to provide Medi-Cal specialty mental health services, for the period July 1, 2017 through June 30, 2019. (50% State; 50% Federal)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 74 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Bay Area Legal Aid, in an amount not to exceed $1,050,000, to provide legal services to County residents participating in CommunityConnect, to address legal needs that are impacting their health care and health outcomes, for the period July 1, 2017 through December 31, 2020. (100% Federal Whole Person Care grant)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 75 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Medical Solutions, LLC, in an amount not to exceed $2,700,000, to provide temporary nursing and medical staff services at Contra Costa Regional Medical Center, Health Centers and County Detention Facilities, for the period July 1, 2017 through June 30, 2018. (100% Hospital Enterprise Fund I)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 76 APPROVE and AUTHORIZE the Director of Risk Management to execute a contract amendment agreement with Essential Staffing, Inc., to increase the payment limit by $65,000 to a new payment limit of $565,000 for additional workers' compensation and risk management staffing services for the period of July 1, 2016 through June 30, 2017. (100% Workers' Compensation Internal Service Fund)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor  AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 77 APPROVE and AUTHORIZE the Director of Risk Management to execute a contract with BSI EHS Services to provide professional on-site environmental, health, safety and sustainability consulting support in an amount not to exceed $1,218,800 for the period of July 1, 2017 through June 30, 2018. (45% Workers' Compensation Internal Service Fund and 55% user Departments)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 78 APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a Library Lease and Service Agreement with the City of Brentwood, enabling the County to operate the Brentwood Library located at 35 Oak Street, Brentwood for a term beginning October 24, 2016 and ending July 2018. (No fiscal impact)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 79 APPROVE and AUTHORIZE the Purchasing Agent to execute, on behalf of the Sheriff-Coroner, a purchase order with Spike's Produce in an amount not to exceed $500,000 to provide fresh produce and related items as needed by the three County adult detention facilities for the period July 1, 2017 through June 30, 2018. (100% General Fund)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 80 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Irene Lo, M.D., in an amount not to exceed $467,000, to provide general surgery services at CCRMC, for the period July 1, 2017 through June 30, 2018. (100% Hospital Enterprise Fund I)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 81 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with The Wright Institute, in an amount not to exceed $1,545,000, for the provision of behavioral health services at Contra Costa Regional Medical Center and Health Centers including neuro-psychology assessment, for the period from July 1, 2017 through June 30, 2018. (100% Hospital Enterprise Fund I)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 82 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with La Clinica De La Raza, Inc., in an amount not to exceed $3,000,000, to provide primary care and optometry services to Contra Costa Health Plan members, for the period July 1, 2017 through June 30, 2018. (100% Contra Costa Health Plan Enterprise Fund II)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 83 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract amendment/extension with La Clinica De La Raza, Inc., effective July 1, 2017, to increase the payment limit by $461,664 to a new payment limit of $1,154,104, to provide additional primary care medical services for the Contra Costa Cares Program, and extend the termination date from December 31, 2017 to December 31, 2018. (33% CCHP Community Enterprise Fund III; 17% County General Fund; 50% local hospitals match)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 84 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Night Owl Pediatrics (dba Night Owl Urgent Care), in an amount not to exceed $2,000,000, to provide pediatric primary care and urgent care services to Contra Costa Health Plan members, for the period from July 1, 2017 through June 30, 2019. (100% Contra Costa Health Plan Enterprise Fund II)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 85 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Asian Community Mental Health Board, in an amount not to exceed $137,917, to provide Mental Health Services Act prevention and early intervention services, for the period July 1, 2017 through June 30, 2018, with a six-month automatic extension through December 31, 2018, in an amount not to exceed $68,958. (100% Mental Health Services Act)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 86 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a novation contract with The Latina Center, in an amount not to exceed $108,565, to provide prevention and early intervention services to Latino parents and caregivers in West County, for the period July 1, 2017 through June 30, 2018, with a six-month automatic extension through December 31, 2018, in an amount not to exceed $54,282. (100% Mental Health Service Act)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 87 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Blue Tree Network, Inc., in an amount not to exceed $200,000 to provide consulting, technical support and training to the Health Services Information Systems Unit, for the period from July 1, 2017 through June 30, 2019. (100% Hospital Enterprise Fund I)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 88 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract amendment with Lifelong Medical Care, effective July 1, 2017, to increase the payment limit by $476,504 to a new payment limit of $1,191,232, to provide additional primary care medical services for the Contra Costa Cares Program, and extend the termination date from December 31, 2017 to December 31, 2018. (33% CCHP Community Enterprise Fund III; 17% County General Fund; 50% local hospitals match)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 89 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with People Who Care Children Association, in an amount not to exceed $216,614, to provide Mental Health Services Act prevention and early intervention services, for the period July 1, 2017 through June 30, 2018, which includes a six month automatic extension through December 31, 2018, in an amount not to exceed $108,307. (100% Mental Health Services Act)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor  AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 90 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Victor Treatment Centers, Inc. in an amount not to exceed $255,234, to provide outpatient residential treatment services to seriously emotionally disturbed children, for the period July 1, 2017 through June 30, 2018, with a six-month automatic extension through December 31, 2018, in an amount not to exceed $127,617. (50% Federal Medi-Cal; 50% County Mental Health Realignment)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 91 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Charis Youth Center in an amount not to exceed $318,270, to provide mental health and therapeutic behavioral services for seriously emotionally disturbed adolescents, for the period July 1, 2017 through June 30, 2018, with a six-month automatic extension through December 31, 2018, in an amount not to exceed $159,135. (50% Federal Medi-Cal; 50% Mental Health Realignment)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 92 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Arianne Ferguson, M.D. in an amount not to exceed $174,720, to provide outpatient psychiatric care to patients in Central Contra Costa County for the period September 1, 2017 through August 31, 2018. (100% Mental Health Realignment)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 93 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Center for Human Development in an amount not to exceed $142,129, to provide Mental Health Services Act prevention and early intervention services to underserved communities in East Contra Costa County, for the period July 1, 2017 through June 30, 2018, with a six-month automatic extension through December 31, 2018, in an amount not to exceed $71,064. (100% Mental Health Services Act)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 94 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract amendment with Jacqueline James-Friedman, MFT, effective July 1, 2017, to increase the payment limit by $65,000 to a new payment limit of $137,000, for additional mental health services, with no change in the original term of July 1, 2016 through June 30, 2018. (50% State; 50% Federal)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 95 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract amendment with Hugo Gonzales, MFT, effective July 1, 2017, to increase the payment limit by $85,000 to a new payment limit of $285,000 for additional mental health services, with no change in the original term of July 1, 2016 through June 30, 2018. (50% State; 50% Federal)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 96 APPROVE and AUTHORIZE the Sheriff-Coroner, or designee, to execute a Master Support    C. 96 APPROVE and AUTHORIZE the Sheriff-Coroner, or designee, to execute a Master Support Agreement with Tiburon Inc., in an amount not to exceed $228,772 for dispatch and records systems support for the period September 10, 2017 to September 9, 2018. (100% General Fund)       RELISTED to July 18, 2017.   C. 97 APPROVE and AUTHORIZE the Sheriff-Coroner, or designee, to execute a contract with Bay Area Chaplains, Inc., in an amount not to exceed $151,100 for chaplaincy services in adult detention facilities for the period July 1, 2017 through June 30, 2018. (100% Inmate Welfare Fund)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 98 APPROVE and AUTHORIZE the County Probation Officer, or designee, to apply for and accept the Intensive Probation Supervision for High Risk Felony & Repeat DUI Offenders grant from the California Office of Traffic Safety, in an amount not to exceed $373,541, to provide intensive supervision of felony DUI probationers for the period of October 31, 2017 through September 30, 2018. (100% State)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 99 APPROVE and AUTHORIZE the Purchasing Agent to execute, on behalf of the Sheriff-Coroner, a purchase order amendment with Hammons Supply Company, to increase the payment limit by $25,000 to a new payment limit of $190,000 for the purchase of miscellaneous custodial supplies and equipment repairs as needed at County adult detention facilities for the period June 1, 2016 through May 31, 2017. (100% General Fund)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C.100 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Kermit Johnson, M.D., in an amount not to exceed $232,960, to provide outpatient psychiatric services to mentally ill adults in Central County, for the period August 1, 2017 through July 31, 2018. (100% Mental Health Realignment)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C.101 APPROVE and AUTHORIZE the Purchasing Agent to execute, on behalf of the Sheriff-Coroner, a purchase order with Dooley Enterprises, Inc., in the amount of $400,000 for the purchase of ammunition for the period of July 1, 2017 through June 30, 2019. (100% General Fund)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C.102 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract containing modified indemnification language with Oxford Immunotec, Inc., in an amount not to exceed $30,000, to provide outside clinical laboratory services for Contra Costa Regional Medical Center and Health Centers, for the period June 1, 2017 through May 31, 2020. (100% Hospital Enterprise Fund I)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C.103 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with    C.103 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Public Health Foundation Enterprises, Inc., in an amount not to exceed $273,878, to provide coordination, and support to County’s Senior Nutrition Program, for the period July 1, 2017 through June 30, 2018, including a three-month automatic extension through September 30, 2018, in an amount not to exceed $68,470. (12% Federal Title III-C(1) of the Older Americans Act of 1965, 88% Federal Title III-C (2) of the Older Americans Act of 1965)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C.104 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Robert J. Lindsay, M.D., effective August 1, 2017, for additional hours of anesthesiology services at Contra Costa Regional Medical Center and Health Centers, to increase in payment limit by $231,000 to a new payment limit of $1,281,000, with no change in the original term of October 1, 2016 through September 30, 2019. (100% Hospital Enterprise Fund I)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C.105 APPROVE and AUTHORIZE the County Administrator, or designee, to execute a contract amendment, effective June 30, 2017, with Rubicon Programs, Inc.to increase the payment limit by $131,250 to a new payment limit of $635,193 for the West County Reentry Success Center, and extend the term from June 30, 2017 to September 30, 2017. (100% AB 109 Public Safety Realignment)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C.106 APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a contract amendment effective July 11, 2017, with Hawley, Peterson & Snyder, Architects, to increase the payment limit by $400,000 to a new payment limit of $900,000, and to extend the termination date to April 26, 2019, to continue to provide as-needed architectural services for various facilities projects, Countywide. (100% Various Funds)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C.107 APPROVE and AUTHORIZE the Conservation and Development Director, or designee, to execute a contract amendment with the City of Richmond to extend the term from June 30, 2017 through December 31, 2017, with no change to the current payment limit of $1,080,055, to facilitate the City’s continued use of jointly-administered North Richmond Mitigation Fee (NRMF) funding to implement services and programs authorized in the City/County-approved expenditure plans and co-staff the NRMF Committee. (100% North Richmond Mitigation Fees)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C.108 APPROVE and AUTHORIZE the Purchasing Agent, on behalf of the Health Services Department, to execute a purchase order with the Office of the Statewide Health Planning and Development in the amount of $140,326 for the Hospital /Long Term Care Special Assessment Fee for fiscal year 2017-18, as required for the Contra Costa Regional Medical Center. (100% Hospital Enterprise Fund I)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C.109 APPROVE and AUTHORIZE the Purchasing Agent, on behalf of the Health Services Department,   C.109 APPROVE and AUTHORIZE the Purchasing Agent, on behalf of the Health Services Department, to execute a purchase order with Bio-Rad Laboratories, Inc., in the amount not to exceed $160,000, for reagents and supplies for the chemistry, urinalysis and microbiology units, and the Variant II Turbo System at the Contra Costa Regional Medical Center, for the period from July 1, 2017 through June 30, 2018. (100% Hospital Enterprise Fund I)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C.110 APPROVE and AUTHORIZE the Purchasing Agent, on behalf of the Health Services Department, to execute a purchase order with Leica Microsystems, Inc., in the amount not to exceed $480,000, for reagents and supplies for the Pathology Department at the Contra Costa Regional Medical Center, for the period from August 1, 2017 to July 31, 2022. (100% Hospital Enterprise Fund I)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C.111 APPROVE and AUTHORIZE the Sheriff-Coroner, or designee, to execute a Software and Hardware Agreement with 3M Cogent, Inc., in an amount not to exceed $120,000 for the purchase of an additional seventy-five (75) mobile identification devices and associated software to expand the number of devices available to identify unknown subjects in the field. (100% CAL-ID funds)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C.112 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Firstsource Solutions USA, LLC, in an amount not to exceed $500,000, to provide consulting and technical assistance for Medi-Cal eligibility, collection issues, and administrative appeals, for the period July 1, 2017 through June 30, 2018. (100% Hospital Enterprise Fund I)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C.113 APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to execute a contract amendment with Youth Homes Incorporated, effective June 30, 2017, to increase the payment limit by $50,000 to a new payment limit of $250,000 to provide group home placement services to foster youth and extend the term from June 30, 2017 to a new term ending September 30, 2017. (70% State; 30% County)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C.114 APPROVE and AUTHORIZE the County Administrator or designee to execute a contract amendment with PRI Management Group, Inc., to extend the term from July 31, 2017 through June 30, 2018 and increase the payment limit by $33,005 to a new payment limit of $181,030 to provide additional project management and technical consultation for the project to replace the County's automated warrant system. (100% Restricted Vehicle Code penalty assessments, Budgeted)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C.115 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with KCI USA, Inc., in an amount not to exceed $600,000, to provide medical equipment services for Contra Costa Health Plan members, for the period July 1, 2017 through June 30, 2020. (100% Contra Costa Health Plan Enterprise Fund II)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C.116 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Christian Kirman, M.D. Inc. (DBA Muir Aesthetic and Reconstructive Surgery), in an amount not to exceed $300,000, to provide plastic surgery services for Contra Costa Health Plan members, for the period from July 1, 2017 through June 30, 2019. (100% Contra Costa Health Plan Enterprise Fund II)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C.117 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with East Bay ABA Group, LLC, in an amount not to exceed $300,000, to provide applied behavior analysis services for Contra Costa Health Plan members, for the period from September 1, 2017 through August 31, 2019. (100% Contra Costa Health Plan Enterprise Fund II)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C.118 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Truven Health Analytics LLC, in an amount not to exceed $160,039, for integrated application services of Quality Management software subscriptions to support the Meaningful Use guidelines, for the period January 1, 2017 through December 31, 2019. (100% Hospital Enterprise Fund I)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C.119 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Planned Parenthood, Shasta Diablo, Inc., in an amount not to exceed $1,214,000 for the provision of prenatal services for Contra Costa Regional Medical Center and Health Center patients, for the period from July 1, 2017 through June 30, 2018. (100% Hospital Enterprise Fund I)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C.120 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with JWG Consulting, LLC, a limited liability company, in an amount not to exceed $580,000, to provide consulting services, training, and technical assistance to the Department’s Information Systems Unit, for the period from July 1, 2017 through June 30, 2019. (100% Hospital Enterprise Fund I)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C.121 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with KPJ Consulting, LLC, in an amount not to exceed $303,000, to provide consulting and technical assistance for the Electronic Medical Records Systems for the Department’s Information Systems Unit, for the period from July 1, 2017 through June 30, 2018. (100% Hospital Enterprise Fund I)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C.122 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract    C.122 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract containing modified indemnification language with Total Renal Care, Inc., in an amount not to exceed $321,634, to provide blood treatment services including dialysis therapies for inmates at the Martinez Adult Detention Facility, for the period from July 1, 2017 through June 30, 2019. (100% Hospital Enterprise Fund I)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C.123 APPROVE and AUTHORIZE the Purchasing Agent, on behalf of the Health Services Department, to execute a purchase order with Dimension Data in the amount of $167,047 for annual maintenance and support of the EMC storage and Avamar data backup system for the Epic Electronic Health Records System, for the period from July 1, 2017 through June 30, 2018. (100% Hospital Enterprise Fund I)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C.124 APPROVE and AUTHORIZE the Purchasing Agent, on behalf of the Health Services Department, to execute a purchase order with the Echo Group, Inc., in an amount not to exceed $120,000, for InSyst/PSP software and hardware maintenance for the Behavioral Health Mental Health and Alcohol and Other Drugs Services divisions, for the period July 1, 2017 through December 31, 2017. (95% Mental Health Realignment, 5% General Fund)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C.125 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Judith McIntyre, MFT, in an amount not to exceed $200,000, to provide Medi-Cal specialty mental health services, for the period July 1, 2017 through June 30, 2019. (50% State; 50% Federal)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C.126 APPROVE and AUTHORIZE the purchasing agent, on behalf of the Health Services Department, to execute a purchase order with the California Department of Public Health, Genetic Disease Branch, in an amount not exceed $275,000, for the testing of newborn genetic screening tests at the Contra Costa Regional Medical Center, for the period of July 1, 2017 through June 30, 2018. (100% Hospital Enterprise Fund I)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C.127 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Cross Country Staffing, Inc., in an amount not to exceed $5,000,000, to provide temporary medical and specialty staffing services at Contra Costa Regional Medical Center and Health Centers, for the period from July 1, 2017 through June 30, 2018. (100% Hospital Enterprise Fund I)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C.128 APPROVE and AUTHORIZE Health Services Director, or designee, to execute a contract with Cross Country Staffing, Inc. in the amount of $4,300,000 to provide temporary medical staff services at Contra Costa Regional Medical Center and Health Centers for the period from July 1, 2017 through March 31, 2018. (100% Hospital Enterprise Fund I)         AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C.129 APPROVE clarification of Board Action of June 20, 2017 (Item C.98), which authorized the Health Services Director to execute a contract with the City of Antioch for congregate meal services for the County’s Senior Nutrition Program for the period July 1, 2017 through June 30, 2018, to clarify the agreement is not a non-financial agreement and includes an amount payable to the County not to exceed $26,500 with a three-month automatic extension in an amount not to exceed $6,250 through September 30, 2018. (No County match)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C.130 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with STAND! For Families Free of Violence, in an amount not to exceed $1,464,042 to provide mental health services including respite, mentoring services, and emergency placement for the period July 1, 2017 through June 30, 2018, with a six-month automatic extension through December 31, 2018 in an amount not to exceed $732,021. (50% Federal Medi-Cal; 50% State Early and Periodic Screening and Treatment)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C.131 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with STAND! For Families Free of Violence in an amount not to exceed $130,207, to provide Mental Health Services Act prevention and early intervention services, for the period July 1, 2017 through June 30, 2018, with a six-month automatic extension through December 31, 2018, in an amount not to exceed $65,103. (100% Mental Health Services Act)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C.132 APPROVE and AUTHORIZE the Purchasing Agent on behalf of the Health Services Department, to execute a purchase order amendment with Citrix Systems, Inc., dated October 4, 2106, adjusting the end of the coverage period from the previous end date of September 30, 2017 to October 30, 2017, with no changes in the amount, and a purchase order with Citrix Systems Inc., in an amount not to exceed $292,551, for purchase of Citrix Subscription Advantage, software support, and appliance maintenance for the period October 31, 2017 through October 30, 2018. (100% Hospital Enterprise Fund I)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C.133 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract amendment with Brighter Beginnings, effective July 1, 2017, to increase the payment limit by $61,824, to a new payment limit of $154,560 to provide additional primary care medical services for the Contra Costa Cares Program, and extend the termination date from December 31, 2017 to December 31, 2018. (33% CCHP Community Enterprise Fund III; 17% County General Fund; 50% local hospitals match)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C.134 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract containing mutual indemnification language with Crestwood Behavioral Health, Inc., in an amount not to exceed $1,366,383, to provide mental health services to severely and persistently mentally ill adults, for the period July 1, 2017 through June 30, 2018. (44% Federal Medi-Cal; 26% State Mental Health Services Act; 30% Mental Health Realignment).        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C.135 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract containing mutual indemnification language with Crestwood Behavioral Health, Inc., in an amount not to exceed $7,383,000, to provide sub-acute skilled nursing care services, for the period July 1, 2017 through June 30, 2018. (91% Mental Health Realignment; 9% Mental Health Services Act)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C.136 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Shelter, Inc. of Contra Costa County in an amount not to exceed $1,430,869, to provide supportive housing services for Contra Costa County homeless families, for the period from July 1, 2017 through June 30, 2018. (100% Employment and Human Services Department)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C.137 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Lifelong Medical Care, in an amount not to exceed $126,977, to provide Mental Health Services Act prevention and early intervention services, for the period July 1, 2017 through June 30, 2018, with a six-month automatic extension through December 31, 2018, in an amount not to exceed $63,488. (100% Mental Health Services Act)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C.138 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a master purchase agreement and related order form with FairWarning Inc., in an amount not to exceed $222,637 for licenses, software, support and implementation of privacy intelligence technologies for the Health Services Department, for the period of July 11, 2017 through November 30, 2020. (100% Hospital Enterprise Fund I)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C.139 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with La Clínica de La Raza, Inc., in an amount not to exceed $272,386, to provide Mental Health Services Act prevention and early intervention services, for the period July 1, 2017 through June 30, 2018, with a six-month automatic extension through December 31, 2018, in an amount not to exceed $136,193. (100% Mental Health Services Act)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C.140 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Native American Health Center, Inc., in an amount not to exceed $234,789 to provide Mental Health Services Act prevention and early intervention services to families of Native American heritage, for the period from July 1, 2017 through June 30, 2018, with a six-month automatic extension through December 31, 2018, in an amount not to exceed $117,395. (100% Mental Health Services Act)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C.141 APPROVE and AUTHORIZE the Purchasing Agent, on behalf of the Health Services Department,   C.141 APPROVE and AUTHORIZE the Purchasing Agent, on behalf of the Health Services Department, to execute a purchase order with Bio-Rad Laboratories, Inc., in an amount not to exceed $370,000 for reagents and supplies for the D-100 Hemoglobin Testing System at the Contra Costa Regional Medical Center, for the period from July 1, 2017 through June 30, 2022. (100% Hospital Enterprise Fund I)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C.142 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Contra Costa Interfaith Transitional Housing Inc., in an amount not to exceed $271,450, to provide community-based mental health services for seriously disturbed youth, for the period July 1, 2017 through June 30, 2018, with a six-month automatic extension through December 31, 2018, in an amount not to exceed $135,725. (50% Federal Medi-Cal; 50% Mental Health Realignment)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C.143 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Counseling Options & Parent Education, Inc. in an amount not to exceed $238,702, to provide Triple-P parent education classes and practitioner trainings, for the period July 1, 2017 through June 30, 2018, with a six-month automatic extension through December 31, 2018, in an amount not to exceed $119,351. (100% Mental Health Services Act)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C.144 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with We Care Services for Children, in an amount not to exceed $1,833,024, to provide wrap-around and other mental health services including in-home behavioral therapy and intensive care coordination for high risk, delayed or emotionally disturbed children, for the period July 1, 2017 through June 30, 2018, with a six-month automatic extension through December 31, 2018, in an amount not to exceed $916,512. (50% Federal Medi-Cal; 50% County Realignment)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C.145 APPROVE and AUTHORIZE the County Administrator, or designee, to execute a contract amendment with Industrial Employers and Distributor's Association, effective June 30, 2017, to extend the term from June 30, 2017 through September 30, 2017 and increase the payment limit by $61,375.05 to a new payment limit of $753,244.05, to continue providing labor negotiations and support services. (100% General Fund)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C.146 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Summitview Child and Family Services, Inc. in an amount not to exceed $159,136, to provide rehabilitative day treatment, medication support and mental health treatment services for seriously emotionally disturbed adolescents, for the period July 1, 2017 through June 30, 2018, with a six-month automatic extension through December 31, 2018, in an amount not to exceed $79,568. (50% Federal Medi-Cal; 50% Mental Health Realignment)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C.147 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with    C.147 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with SHC Services, Inc. (dba Supplemental Health Care), in the amount of $300,000, to provide temporary medical staffing services at the Contra Costa Regional Medical Center, Health Centers and Detention Facility for the period from April 1, 2017 through March 31, 2018. (100% Hospital Enterprise Fund I)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C.148 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Youth Homes Incorporated, in an amount not to exceed $3,849,440, to provide residential treatment and therapeutic behavioral services for County-referred youth, for the period July 1, 2017 through June 30, 2018, with a six-month automatic extension through December 31, 2018, in an amount not to exceed $1,924,720. (50% Federal Medi-Cal; 50% Mental Health Realignment)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C.149 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with MGA Healthcare, Inc., in the amount of $2,600,000 to provide temporary medical staffing services at Contra Costa Regional Medical Center and Health Centers, for the period May 1, 2017 through April 30, 2018. (100% Hospital Enterprise Fund I)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C.150 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Medical Solutions, LLC, in an amount not to exceed $300,000, to provide temporary registry services at Contra Costa Regional Medical Center and Health Centers, for the period July 1, 2017 through June 30, 2018. (100% Hospital Enterprise Fund I)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C.151 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with All Health Services, Corporation in an amount not to exceed $1,900,000, to provide temporary medical staffing services at the Contra Costa Regional Medical Center, Health Centers, and Detention Facilities, for the period May 1, 2017 through April 30, 2018. (100% Hospital Enterprise Fund I)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C.152 APPROVE AND AUTHORIZE the Health Services Director, or designee, to execute a contract with Careerstaff Unlimited, Inc., in the amount of $250,000, to provide temporary medical staffing services at Contra Costa Regional Medical Center and Health Centers, for the period May 1, 2017 through April 30, 2018. (100% Hospital Enterprise Fund I)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C.153 APPROVE and AUTHORIZE the Conservation and Development Director, or designee to execute a contract with Urban Tilth in an amount not to exceed $105,000 for the development of an urban farm community park in the North Richmond Area for the period July 11, 2017 through December 31, 2018. (100% North Richmond Mitigation Fund)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor  AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C.154 APPROVE and AUTHORIZE the County Administrator, or designee to execute a contract amendment with Hinderliter, de Llamas and Associates, to increase the payment limit by $37,000 to a new payment limit of $1,037,000 to provide sales tax audit and information services with no change to the contact term of June 30, 2017, as recommended by the County Administrator. (100% General Fund)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other Actions   C.155 APPROVE and AUTHORIZE the Sheriff-Coroner, or designee, to enter into a Memorandum of Agreement with the U.S. Army, including full indemnification of the U.S. Army, allowing the County to use a portion of the former Naval Weapons Station near Concord at no cost to the County for the operation of a marine patrol and training facility for a nine-year period commencing upon execution of the Agreement. (No fiscal impact)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C.156 AUTHORIZE the County Administrator, or designee, to provide written notice to the California Public Finance Authority (CalPFA) of Contra Costa County's withdrawal from CalPFA, as recommended by the Conservation and Development Director. (No fiscal impact)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C.157 DECLARE as surplus and AUTHORIZE the Purchasing Agent, or designee, to dispose of fully depreciated vehicles and equipment no longer needed for public use, as recommended by the Public Works Director, Countywide. (No fiscal impact)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C.158 ADOPT Resolution No. 2017/238 authorizing the Chief Engineer of the Flood Control and Water Conservation District, to fulfill the requirements of the Grant Agreement with the State Water Resources Control Board, for the Storm Water Resource Plan, Countywide. (100% State Water Board Funds)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C.159 ACCEPT the 2016 Annual Report submitted by the Byron Municipal Advisory Council, as recommended by Supervisor Burgis.       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C.160 CONTINUE the emergency action originally taken by the Board of Supervisors on November 16, 1999, and most recently approved by the Board on June 20, 2017, regarding the issue of homelessness in Contra Costa County, as recommended by the Health Services Director. (No fiscal impact)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C.161 AUTHORIZE the Chair of the Board of Supervisors to submit a letter of interest to participate in the SolSmart Program of the National Association of Counties and the U.S. Department of Energy, as recommended by the Conservation and Development Director. (No fiscal impact)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C.162 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Anthem Blue Cross, a corporation, to provide patient referrals of eligible women for the Black Infant Health Program, for the period July 1, 2017 through June 30, 2018. (Non-financial agreement)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C.163 APPROVE clarification of Board action of June 6, 2017 (Item C.123 which authorized the Employment and Human Services Director, or designee, to execute a contract with FBC Community Outreach, Inc. in an amount not to exceed $258,129 to provide Child Welfare Redesign Differential Response Path 2 Case Management services in East Contra Costa County for the period July 1, 2017 through June 20, 2018, to clarify the term end date as June 30, 2018. (100% State)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C.164 ADOPT Resolution No. 2017/251 approving Contra Costa County to receive and use State of California (State) Emergency Solutions Grant (ESG) funds in the amount of $492,850 to benefit homeless households of the County, and DIRECT the Conservation and Development Director to execute related agreements and perform administrative actions implementing the State ESG Program in the County. (100% Federal or State Funds)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C.165 APPROVE and AUTHORIZE the Auditor-Controller, or designee, to pay an amount not to exceed $850,000, to Cross Country Staffing, Inc., for temporary medical staffing services rendered to Contra Costa Regional Medical Center and Health Centers, from May 1, 2017 through June 30, 2017. (100% Hospital Enterprise Fund I)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C.166 RECEIVE Civil Grand Jury Report No. 1711, entitled "Alamo Parks Planning and Development", and FORWARD to the County Administrator for response.       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C.167 RECEIVE Civil Grand Jury Report No. 1710, entitled "Law Enforcement Use of Force and Mental Health Awareness", and FORWARD to the County Administrator for response.        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C.168 AUTHORIZE the Conservation and Development Director, or designee, to nominate the following areas in unincorporated Contra Costa County for the Rockefeller Foundation's Resilient by Design challenge: Bay Point, downtown Rodeo, and North Richmond.       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C.169 ADOPT Resolution No. 2017/252 authorizing the issuance and sale of Liberty Union High School District General Obligation Bonds, Election of 2016, Series A in an amount not to exceed $60,000,000 by the Liberty Union High School District on its own behalf pursuant to Sections 15140 and 15146 of the Education Code, as permitted by Section 53508.7(c) of the Government Code, as recommended by the County Administrator. (No County fiscal impact)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C.170 ADOPT Resolution No. 2017/253 authorizing the issuance and sale of Oakley Union Elementary School District General Obligation Bonds, Election of 2016, Series A (2017) in an amount not to exceed $26,000,000 by the Oakley Union Elementary School District on its own behalf pursuant to Sections 15140 and 15146 of the Education Code, as permitted by Section 53508.7(c) of the Government Code, as recommended by the County Administrator. (No County fiscal impact)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C.171 ACCEPT the Health Services Department's recommendation to reconvene the initial Assisted Outpatient Treatment (AOT) Workgroup with structural changes as developed in collaboration with the Mental Health Commission and approved by the Family and Human Services Committee.        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C.172 SUPPORT the Stand Down on the Delta for Homeless Veterans to be held August 11-14, 2017 at the Contra Costa County Fairgrounds in Antioch, as recommended by the Family and Human Services Committee.        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C.173 ACCEPT the report from the Health Services Department on the first 11 months of Laura's Law - Assisted Outpatient Treatment program implementation, as recommended by the Family and Human Services Committee.        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C.174 RECEIVE Civil Grand Jury Report No. 1708, entitled "Animal Shelter Services in Antioch and Contra Costa County", and FORWARD to the County Administrator for response.        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C.175 ADOPT Resolution No. 2017/257 authorizing the issuance and sale of Pittsburg Unified School District, General Obligation Bonds, Election of 2014, Series B (2017) in an amount not to exceed $18,000,000 by Pittsburg Unified School District on its own behalf pursuant to Sections 15140 and 15146 of the Education Code, as permitted by Section 53508.7(c) of the Government Code, as recommended by the County Administrator. (No County fiscal impact)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor  AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C.176 ADOPT Resolution No. 2017/258 authorizing the issuance and sale of Pittsburg Unified School District 2017 General Obligation Refunding Bonds by the Pittsburg Unified School District on its own behalf, as permitted by Section 53550 of the Government Code, as recommended by the County Administrator. (No County fiscal impact)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover   GENERAL INFORMATION The Board meets in all its capacities pursuant to Ordinance Code Section 24-2.402, including as the Housing Authority and the Successor Agency to the Redevelopment Agency. Persons who wish to address the Board should complete the form provided for that purpose and furnish a copy of any written statement to the Clerk. Any disclosable public records related to an open session item on a regular meeting agenda and distributed by the Clerk of the Board to a majority of the members of the Board of Supervisors less than 72 hours prior to that meeting are available for public inspection at 651 Pine Street, First Floor, Room 106, Martinez, CA 94553, during normal business hours. All matters listed under CONSENT ITEMS are considered by the Board 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 Board or a member of the public prior to the time the Board votes on the motion to adopt. Persons who wish to speak on matters set for PUBLIC HEARINGS will be heard when the Chair calls for comments from those persons who are in support thereof or in opposition thereto. After persons have spoken, the hearing is closed and the matter is subject to discussion and action by the Board. Comments on matters listed on the agenda or otherwise within the purview of the Board of Supervisors can be submitted to the office of the Clerk of the Board via mail: Board of Supervisors, 651 Pine Street Room 106, Martinez, CA 94553; by fax: 925-335-1913. The County will provide reasonable accommodations for persons with disabilities planning to attend Board meetings who contact the Clerk of the Board at least 24 hours before the meeting, at (925) 335-1900; TDD (925) 335-1915. An assistive listening device is available from the Clerk, Room 106. Copies of recordings of all or portions of a Board meeting may be purchased from the Clerk of the Board. Please telephone the Office of the Clerk of the Board, (925) 335-1900, to make the necessary arrangements. Forms are available to anyone desiring to submit an inspirational thought nomination for inclusion on the Board Agenda. Forms may be obtained at the Office of the County Administrator or Office of the Clerk of the Board, 651 Pine Street, Martinez, California. Applications for personal subscriptions to the weekly Board Agenda may be obtained by calling the Office of the Clerk of the Board, (925) 335-1900. The weekly agenda may also be viewed on the County’s Internet Web Page: www.co.contra-costa.ca.us STANDING COMMITTEES The Airport Committee (Supervisors Karen Mitchoff and Diane Burgis) meets on the fourth Wednesday of the month at 1:30 p.m. at the Director of Airports Office, 550 Sally Ride Drive, Concord. The Family and Human Services Committee (Supervisors John Gioia and Candace Andersen) meets on the fourth Monday of the month at 10:30 a.m. in Room 101, County Administration Building, 651 Pine Street, Martinez. The Finance Committee (Supervisors Karen Mitchoff and John Gioia) meets on the fourth Monday of the month at 9:00 a.m. in Room 101, County Administration Building, 651 Pine Street, Martinez. The Hiring Outreach Oversight Committee (Supervisors Federal D. Glover and Candace Andersen) meets on the first Monday of every other month at 1:00 p.m. in Room 101, County Administration Building, 651 Pine Street, Martinez. The Internal Operations Committee (Supervisors Candace Andersen and Diane Burgis) meets on the second Monday of the month at 1:00 p.m. in Room 101, County Administration Building, 651 Pine Street, Martinez. The Legislation Committee (Supervisors Diane Burgis and Karen Mitchoff) meets on the second Monday of the month at 10:30 a.m. in Room 101, County Administration Building, 651 Pine Street, Martinez. The Public Protection Committee (Supervisors Federal D. Glover and John Gioia) meets on the first Monday of the month at 10:30 a.m. in Room 101, County Administration Building, 651 Pine Street, Martinez. The Transportation, Water & Infrastructure Committee (Supervisors Diane Burgis and Karen Mitchoff) meets on the second Monday of the month at 9:00 a.m. in Room 101, County Administration Building, 651 Pine Street, Martinez. Airports Committee July 26, 2017 1:30 p.m.See above Family & Human Services Committee July 31, 2017 Special Meeting 10:30 a.m.See above Finance Committee July 31, 2017 Cancelled Special Meeting August 16, 2017 2:00 p.m.See above Hiring Outreach Oversight Committee August 7, 2017 Cancelled Next Meeting TBD TBD See above Internal Operations Committee August 14, 2017 Cancelled Next meeting September 11, 2017 1:00 p.m. See above Legislation Committee August 14, 2017 10:30 a.m. See above Public Protection Committee August 7, 2017 10:30 a.m. See above Transportation, Water & Infrastructure Committee August 14, 2017 9:00 a.m. See above PERSONS WHO WISH TO ADDRESS THE BOARD DURING PUBLIC COMMENT OR WITH RESPECT TO AN ITEM THAT IS ON THE AGENDA, MAY BE LIMITED TO TWO (2) MINUTES A LUNCH BREAK MAY BE CALLED AT THE DISCRETION OF THE BOARD CHAIR AGENDA DEADLINE: Thursday, 12 noon, 12 days before the Tuesday Board meetings. Glossary of Acronyms, Abbreviations, and other Terms (in alphabetical order): Contra Costa County has a policy of making limited use of acronyms, abbreviations, and industry-specific language in its Board of Supervisors meetings and written materials. Following is a list of commonly used language that may appear in oral presentations and written materials associated with Board meetings: AB Assembly Bill ABAG Association of Bay Area Governments ACA Assembly Constitutional Amendment ADA Americans with Disabilities Act of 1990 AFSCME American Federation of State County and Municipal Employees AICP American Institute of Certified Planners AIDS Acquired Immunodeficiency Syndrome ALUC Airport Land Use Commission AOD Alcohol and Other Drugs ARRA American Recovery & Reinvestment Act of 2009 BAAQMD Bay Area Air Quality Management District BART Bay Area Rapid Transit District BayRICS Bay Area Regional Interoperable Communications System BCDC Bay Conservation & Development Commission BGO Better Government Ordinance BOS Board of Supervisors CALTRANS California Department of Transportation CalWIN California Works Information Network CalWORKS California Work Opportunity and Responsibility to Kids CAER Community Awareness Emergency Response CAO County Administrative Officer or Office CCCPFD (ConFire) Contra Costa County Fire Protection District CCHP Contra Costa Health Plan CCTA Contra Costa Transportation Authority CCRMC Contra Costa Regional Medical Center CCWD Contra Costa Water District CDBG Community Development Block Grant CFDA Catalog of Federal Domestic Assistance CEQA California Environmental Quality Act CIO Chief Information Officer COLA Cost of living adjustment ConFire (CCCFPD) Contra Costa County Fire Protection District CPA Certified Public Accountant CPI Consumer Price Index CSA County Service Area CSAC California State Association of Counties CTC California Transportation Commission dba doing business as DSRIP Delivery System Reform Incentive Program EBMUD East Bay Municipal Utility District ECCFPD East Contra Costa Fire Protection District EIR Environmental Impact Report EIS Environmental Impact Statement EMCC Emergency Medical Care Committee EMS Emergency Medical Services EPSDT Early State Periodic Screening, Diagnosis and Treatment Program (Mental Health) et al. et alii (and others) FAA Federal Aviation Administration FEMA Federal Emergency Management Agency F&HS Family and Human Services Committee First 5 First Five Children and Families Commission (Proposition 10) FTE Full Time Equivalent FY Fiscal Year GHAD Geologic Hazard Abatement District GIS Geographic Information System HCD (State Dept of) Housing & Community Development HHS (State Dept of ) Health and Human Services HIPAA Health Insurance Portability and Accountability Act HIV Human Immunodeficiency Syndrome HOV High Occupancy Vehicle HR Human Resources HUD United States Department of Housing and Urban Development IHSS In-Home Supportive Services Inc. Incorporated IOC Internal Operations Committee ISO Industrial Safety Ordinance JPA Joint (exercise of) Powers Authority or Agreement Lamorinda Lafayette-Moraga-Orinda Area LAFCo Local Agency Formation Commission LLC Limited Liability Company LLP Limited Liability Partnership Local 1 Public Employees Union Local 1 LVN Licensed Vocational Nurse MAC Municipal Advisory Council MBE Minority Business Enterprise M.D. Medical Doctor M.F.T. Marriage and Family Therapist MIS Management Information System MOE Maintenance of Effort MOU Memorandum of Understanding MTC Metropolitan Transportation Commission NACo National Association of Counties NEPA National Environmental Policy Act OB-GYN Obstetrics and Gynecology O.D. Doctor of Optometry OES-EOC Office of Emergency Services-Emergency Operations Center OPEB Other Post Employment Benefits OSHA Occupational Safety and Health Administration PARS Public Agencies Retirement Services PEPRA Public Employees Pension Reform Act Psy.D. Doctor of Psychology RDA Redevelopment Agency RFI Request For Information RFP Request For Proposal RFQ Request For Qualifications RN Registered Nurse SB Senate Bill SBE Small Business Enterprise SEIU Service Employees International Union SUASI Super Urban Area Security Initiative SWAT Southwest Area Transportation Committee TRANSPAC Transportation Partnership & Cooperation (Central) TRANSPLAN Transportation Planning Committee (East County) TRE or TTE Trustee TWIC Transportation, Water and Infrastructure Committee UASI Urban Area Security Initiative VA Department of Veterans Affairs vs. versus (against) WAN Wide Area Network WBE Women Business Enterprise WCCTAC West Contra Costa Transportation Advisory Committee FINDINGS & CONDITIONS OF APPROVAL FOR COUNTY FILE #DP15 -3009; PHOEBE KWAN AND RALPH LEIGHTON (APPLICANTS AND OWNERS) Kensington Combining District Ordinance Findings Ordinance Code Section 84-74.1206(b): Standards of consideration. 1. Recognizing the rights of property owners to improve the value and enjoyment of their property; Finding: The applicant is requesting approval of a Kensington Design Review Development Plan for a one-story 370-square-foot addition to a single-family residence, which includes a deck. The current residence is approximately 1,906-square feet in area (garage included), and is proposed to be 2,276 square feet in area. The additional square footage will add one bedroom and one bathroom, resulting in a three bedroom and two-bathroom residence. The project also includes enlarging the existing kitchen. The addition recognizes the rights of property owners to improve the value and enjoyment of their property by allowing development to occur that is both considerate of neighbor’s views and does not infringe on the privacy of adjacent properties. 2. Recognizing the rights of property owners of vacant lots to establish a residence that is compatible with the neighborhood in terms of bulk, scale and design; Finding: This criterion does not apply as the subject property is not vacant. 3. Minimizing impacts upon surrounding neighbors; Finding: The applicant has minimized the impact of the addition by proposing a redesigned project that meets the required side yard of 3 feet, aggregate side yard of 8 feet, and rear yard of 15 feet, and is consistent with the height of the existing residence as well as surrounding homes. The addition is one-story and measures 18 feet 6 inches at the tallest point. Given that the addition is located at the rear of the residence, the addition will not be visible from the property’s frontage. Overall, the project will blend in with the current design and architecture of the existing residence maintaining visual continuity of the developed site. Therefore, as redesigned, the project will allow the property owners an opportunity to improve upon the existing residence in a manner that will minimize impacts to surrounding neighbors. 4. Protecting the value and enjoyment of the neighbors’ property; Finding: The project is consistent with the development patterns for this area and is not expected to diminish home values in the area. The one-story addition will be constructed at the rear of the existing residence from the northern to the southern portion of the property. Homes in the surrounding area have either added onto the rear of the residence or added a second story. The one-story addition is located towards the rear of the property, which would have minimal impacts to the surrounding neighbors. The closest portion of the addition will be 5 feet 3 inches feet from the northern property line. The addition will be adjacent to the yard area of the neighboring property to the north. The addition will have a bathroom window along the northern portion of the building; however, there is landscaping required (Condition of Approval #5) that would reduce any privacy concerns of the adjacent neighbor. The project also includes a new rear yard deck with a hot tub. There is currently an existing deck located at the rear of the residence, which will be demolished to accommodate for the addition. Therefore, a new deck will be constructed and is not anticipated to create privacy issues with adjacent neighbors, since there is an existing fence that screens the rear yard and landscaping will be required along the northern property line. The project will not diminish the value and enjoyment of neighbors’ properties in the immediate vicinity. 5. Maintaining the community’s property values; Finding: This project will not conflict with the property values of the neighborhood. The project will remain consistent in terms of height and bulk as other nearby residences. The project is not expected to block any views of adjacent neighbors. Furthermore, residential improvements typically increase property values, which positively affect neighborhoods in general. 6. Maximizing the use of existing interior space; Finding: The project will be adding a bedroom and a bathroom, and expanding the existing kitchen. The one-story addition is approximately 370 square feet and is designed to provide continuity of the living area. 7. Promoting the general welfare, public health, and safety. Finding: The proposed addition is consistent with the General Plan Policies for Kensington and is not anticipated to adversely impact the general welfare, public health and safety of the Kensington community. The addition is compatible (e.g., height, bulk and design) with other residences in the immediate vicinity. Additionally, the addition will be required to comply with applicable fire and building codes public health or safety risks. Therefore, as conditioned, the project will promote the general welfare, public health and safety of the Kensington area and County in general. CONDITIONS OF APPROVAL Project Approval 1. This Development Plan Permit for a single-family residential addition is APPROVED, as generally shown on the plans received by the Department of Conservation and Development, Community Development Division (CDD) and is subject to the conditions listed below and based on the following documents:  Application submitted on May 13, 2015; and  Revised Plans submitted on April 11, 2017. 2. Any changes to the approved plans stated above must be submitted for review and approval of CDD, and may require the submittal of an application, if deemed necessary. Application Fees 3. This application is subject to an initial application deposit of $1,000, which was paid with the application submittal, plus time, and material costs if the application review expenses exceed 100% of the initial deposit. Any additional costs due must be paid within 60 days of the permit effective date or prior to use of the permit, whichever occurs first. The applicant may obtain current costs by contacting the project planner. If you owe additional fees, a bill will be sent to you shortly after permit issuance. 4. Construction Restrictions: The applicant shall comply with the following restrictions and requirements, which shall be stated on the face of all construction drawings: A. All construction activities shall be limited to the hours of 8:00 A.M. to 5:00 P.M., Monday through Friday, and are prohibited on state and federal holidays on the calendar dates that these holidays are observed by the state or federal government as listed below: New Year’s Day (State and Federal) Birthday of Martin Luther King, Jr. (State and Federal) Washington’s Birthday (Federal) Lincoln’s Birthday (State) President’s Day (State and Federal) Cesar Chavez Day (State) Memorial Day (State and Federal) Independence Day (State and Federal) Labor Day (State and Federal) Columbus Day (State and Federal) Veterans Day (State and Federal) Thanksgiving Day (State and Federal) Day after Thanksgiving (State) Christmas Day (State and Federal) For specific details on the actual day the state and federal holidays occur, please visit the following websites: Federal Holidays http://www.opm.gov/fedhol California Holidays http://www.edd.ca.gov/eddsthol.htm B. The applicant shall make a good faith effort to minimize project-related disruptions to adjacent properties, and to uses on the site. This shall be communicated to all project-related contractors. C. The applicant shall require their contractors and subcontractors to fit all internal combustion engines with mufflers which are in good condition and shall locate stationary noise-generating equipment such as air compressors as far away from existing residences as possible. D. The site shall be maintained in an orderly fashion. Following the cessation of construction activity, all construction debris shall be removed from the site. 5. The applicant shall provide vegetative screening along the northern property line starting from the bedroom addition to the deck area to reduce privacy impacts. The vegetative screening shall include drought tolerant plants and shall be consistent with the State’s Model Water Efficient Landscape Ordinance or the County’s Ordinance, if one is adopted. At least 30 days prior to issuance of a building permit, the applicant shall submit landscaping plans that demonstrates compliance with the above requirement for vegetative screening for the review and approval of CDD. ADVISORY NOTES ADVISORY NOTES ARE ATTACHED TO THE CONDITIONS OF APPROVAL, BUT ARE NOT CONDITIONS OF APPROVAL. ADVISORY NOTES ARE PROVIDED IN ORDER TO INFORM THE APPLICANT OF ADDITIONAL REGULATIONS, ORDINANCES, AND REQUIREMENTS THAT MAY BE APPLICABLE TO THE PROPOSED PROJECT. A. NOTICE OF 90-DAY OPPORTUNITY TO PROTEST FEES, DEDICATIONS, RESERVATIONS, OR OTHER EXACTIONS PERTAINING TO THE APPROVAL OF THIS PERMIT. This notice is intended to advise the applicant that pursuant to Government Code Section 66000, et seq., the applicant has the opportunity to protest fees, dedications, reservations, and/or exactions required as part of this project approval. The opportunity to protest is limited to a 90-day period after the project is approved. The ninety (90) day period, in which you may protest the amount of any fee or the imposition of any dedication, reservation, or other exaction required by this approved permit, begins on the date this permit was approved. To be valid, a protest must be in writing pursuant to Government Code Section 66020 and delivered to the Department of Conservation and Development within 90 days of the approval date of this permit. B. The applicant shall comply with the requirements of the following agencies:  Department of Conservation and Development, Building Inspection Division  Kensington Fire Protection District  Stege Sanitary District  East Bay Municipal Utility District 571370001 EAST BAY MUNICIPAL UTILITY DIS PO BOX 24055 OAKLAND CA 94623-1055 Building Inspection INTEROFFICE Enviornmental Health INTEROFFICE Engineering Services- PUBLIC WORKS INTEROFFICE Kensington Fire District 10900 San Pablo Avenue El Cerrtio CA 94530 Stege Sanitary District 7500 Schmidt Lane El Cerrito CA 94530-0537 East Bay MUD- Community Affairs 375 11th Street P.O. Box 24055 Oakland CA 94623-1055 City of El Cerrito 10980 San Pablo Avenue El Cerrito CA 94530 Catherine Engberg Kensington MAC 209 Trinity Avenue KENSINGTON CA 94708 Patrick Tahara, Chair Kensington MAC 15 Arlmont KENSINGTON CA 94707 Vanessa Cordova Kensington MAC 5 Arlington Avenue KENSINGTON CA 94707 Christopher Brydon Kensington MAC 220 Stanford Avenue KENSINGTON CA 94708 Melissa Homes Snyder Kensington MAC 144 Ardmore Road KENSINGTON CA 94707 Mr. David Gerstel Design, Construction and Consulting 268 COVENTRY RD KENSINGTON CA 94707 Masoud Fany 309 Colusa Ave KENSINGTON CA 94707 Gordon Becker 344 Coventry Road KENSINGTON CA 94707 Susan Lobo 333 Colusa Avenue KENSINGTON CA 94707 Mark Mercer 334 Coventry Road KENSINGTON CA 94707 Harriet Mercer 334 Coventry Road KENSINGTON CA 94707 Vincente Medrano 250 Coventry Road KENSINGTON CA 94707 Donna Hallwell 501 Santa Fe KENSINGTON CA 94707 George Becker 342 Coventry Road KENSINGTON CA 94707 John Steinberg 336 Coventry Road KENSINGTON CA 94707 Pam Johnson 333 Colusa Avenue KENSINGTON CA 94707 Paul Myers 259 COLUSA AVE KENSINGTON Ca 94707 Debbie Laudencia 272 COVENTRY RD KENSINGTON CA 94707 Lorraine Midanik 1519 Valley Road KENSINGTON CA 94707 Robin Barrett 312 COVENTRY RD KENSINGTON CA 94707 Avery Sim 342 Berkeley Park Blvd. KENSINGTON CA 94707 Gina Ravago 250 Coventry Road KENSINGTON CA 94707 Howie Cockrill 324 Coventry Road KENSINGTON CA 94707 Bryan Matheney 342 Berkeley Park Blvd. KENSINGTON CA 94707 Judy Hart 338 Coventry Road KENSINGTON CA 94707 Tom Skinner 247 Colusa Ave KENSINGTON CA 94707 Ralph Freightman 321 Colusa Ave KENSINGTON CA 94707 Sangwei Lu 325 Colusa Ave KENSINGTON CA 94707 Fenyong Lu 325 Colusa Ave KENSINGTON CA 94707 Bruce Onisko 330 Berkeley Park Blvd. KENSINGTON CA 94707 Tom Hunter 338 Berkeley Park Blvd. KENSINGTON CA 94707 Amara L. Morrison Gagen McCoy 279 Front Steet Danville CA 94526 Richard Olsen 309 Colusa Ave KENSINGTON CA 94707 Christina Smith 316 Coventry Road Kensington, CA 94707 Approved Plans by the County Planning Commission Location of proposed addition3 feet 1 inch Approved Plans by the County Planning Commission Revised Plans Agreed Upon by the Appellants and Applicants Location of proposed addition 5 feet 3 inches Revised Plans Agreed Upon by the Appellants and Applicants RECOMMENDATION(S): 1. INTRODUCE Ordinance No. 2017-16, which would establish a permit program for specified non-franchised solid waste haulers, WAIVE reading, and FIX August 1, 2017 for adoption. 2. DIRECT the Conservation and Development Director or his designee to return to the Board on August 15, 2017 with a status report regarding proposed ordinance-related amendments to the County’s franchise agreements with Allied Waste Systems, Crockett Sanitary Service, Garaventa Enterprises and Richmond Sanitary Service. 3. DIRECT the Conservation and Development Director or his designee to return to the Board in the fall of 2017 with a report regarding requests by Allied Waste Systems, Crockett Sanitary Service and Garaventa Enterprises for exclusive rights to collect construction and demolition debris, including analyses of potential benefits and market impacts. FISCAL IMPACT: Contra Costa Environmental Health’s (CCEH) Solid Waste program has a staff of five field inspectors, one clerical worker, and one supervisor supported by the current fee structure. The Division will need to identify and address staffing needs associated with this new ordinance but will be able to commence implementation of the proposed ordinance with its current staff. As with CCEH’s other regulatory programs, permit fees are proposed to provide funding to support implementation and enforcement. Therefore, introduction of this Ordinance is not expected to impact the General Fund. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/11/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Deidra Dingman (925) 674-7203 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 , County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: D.4 To:Board of Supervisors From:William Walker, M.D., Health Services Director &, John Kopchik, Conservation & Development Director Date:July 11, 2017 Contra Costa County Subject:INTRODUCE ORDINANCE TO ESTABLISH A PERMIT PROGRAM FOR SPECIFIED NON-FRANCHISED SOLID WASTE HAULERS FISCAL IMPACT: (CONT'D) Department of Conservation and Development (DCD) staff time spent preparing a report about amending the County’s four Franchise Agreements will be funded by solid waste/recycling collection franchise fees. BACKGROUND: Historical Need Illegal dumping is a countywide problem. CCEH has investigated numerous complaints of illegal dumping. In some instances, unregulated haulers that were hired by private parties to remove refuse, dumped the collected material along roadways or on vacant lots. CCEH has also identified more than 41 illegal solid waste transfer stations, located in both incorporated and unincorporated Contra Costa County, that work directly with unregulated haulers. Unregulated solid waste haulers often go undetected because they dump their collected waste at illegal transfer stations and other unapproved sites. The illegal transfer stations have not undergone the required environmental review or permitting processes, and pose significant threats to public health and the environment. For example, these operations will sort through mixed loads of waste material, remove the valuable material for recycling, and abandon the remainder, dumping it on roadsides, burning it, burying it, or pushing it into creeks. There are safety issues as well, as the Sheriff’s Department has found unregulated haulers transporting poorly-secured loads on County roads. Significant public resources are expended dealing with both illegal dumping and illegal solid waste operations. Working in cooperation with the District Attorney's Office and other agencies, CCEH has shut down 32 illegal transfer station operations since early 2015. CCEH also anticipates shutting additional stations down in the future. However, lack of regulation makes it very difficult to effectively target the solid waste haulers who are contributing to this problem. The proposed ordinance will help to combat the problem by requiring solid waste haulers to obtain and maintain a solid waste collection and transportation permit and transport collected waste only to lawfully operated solid waste or recycling facilities. IOC Referral On May 8, 2012, the Board of Supervisors referred to the Internal Operations Committee (IOC) a review of Chapter 418-2 of the County Ordinance Code (attached as Exhibit B) in order to address a number of problems with illegal haulers including: Complaints that unregulated haulers have been hired by private parties to remove refuse and have subsequently dumped the collected material along roadways and on vacant lots. Incidents in which the Sheriff's Department found unregulated refuse haulers with improperly secured loads, which pose a hazard to motorists if items fall onto roadways. Haulers that have been found transporting the collected materials to illegal transfer stations that have not undergone the required environmental review or permitting processes, and pose significant threats to public health and the environment. Haulers that have been found collecting residential or commercial garbage in violation of local franchise agreements.[1] Haulers that are not posting the bond required by Contra Costa County Ordinance Section 418-2.006. This bond is intended to ensure compliance with applicable laws. It is questionable if illegal haulers carry liability insurance, and they may not be in compliance with tax or labor laws. The IOC held discussions on this matter at a number of meetings over four years, during which substantial work and change in the scope of a draft ordinance occurred. In 2015, discussions started focusing on reconciling the draft ordinance with the County's existing franchise agreements, if and how the initial scope of the ordinance should or could be expanded or limited, exemptions to the ordinance, and how and by whom the ordinance could effectively be enforced. In October 2015, the IOC requested the preparation of a final draft ordinance for IOC review in February 2016. In February 2016, the IOC reviewed a joint report from the Directors of CCEH and DCD on the status of the development of a solid waste hauler ordinance and related policy matters as well as the proposed version of the revised Chapter 418-2 ordinance. The IOC also considered a memo prepared by County Counsel that compared the 2016 draft to an October 2015 draft. Additionally, at several IOC meetings County franchise hauler representatives advocated that the County grant exclusive construction and demolition debris collection privileges as another strategy to combat illegal dumping, and give a so-called “5-Year Rule notice” to current non-franchise haulers to hasten the transition. At the conclusion of this discussion and analysis, the IOC provided the following direction to staff: Introduce the proposed ordinance to the Board of Supervisors and have it take effect upon approval of a $20,000 performance bond requirement and minor amendments to County franchise agreements to facilitate consistent permitting by clarifying the industrial waste and exception provisions of those agreements. 1. Provide haulers with proposed model amendments to the County's four franchise agreements.2. Schedule the 5-Year Rule noticing for Board of Supervisors' consideration, to maximize County’s future solid waste franchising decision-making flexibility. 3. Request that the Franchise haulers seek franchise cities’ police departments' willingness to enforce Public Resources Code sections 41950, 41951 and 41955 pertaining to the theft of recyclables. 4. This report intends to implement the direction provided to staff by the IOC, though the recommendation from staff is to approve the ordinance which could take effect prior to the minor amendments to the County franchise agreements intended to clarify the Industrial Waste and Exceptions sections. Interpretation regarding potential conflicts between hauling services governed under the County’s franchise agreements and hauling proposed in applications for permits required by the proposed ordinance would be more straightforward with these minor amendments in place, however agreement has not yet been reached with the franchise holders. Staff is hopeful that this report and Board direction will create an opportunity to further explore the minor amendments, as well as the more substantive amendments requested by the franchise holders, and staff is proposing to report back in the future on both of these items. Since permits under the ordinance will not be issued until 2018, staff believes it will be possible to reach agreements about the minor amendments to clarify the franchise agreements before permits would take effect on January 1 st. Although it would add complexity to making franchise conflict determinations about hauling permit applications, staff is still confident that ordinance implementation and enforcement would not be compromised if the minor amendments are not in place. Ordinance Content The primary hauling activities expected to be regulated under Proposed Ordinance No. 2017-16 (attached as Exhibit A) are junk removal and collection of construction and demolition debris. The ordinance contains operational and permit requirements, including the need to obtain a solid waste collection and transportation permit. Hauler vehicles would be inspected to ensure that certain minimum standards are met. A hauler vehicle would have to be clearly marked with the name and phone number of the hauling business, kept in a clean and sanitary condition and be able to safely contain the waste materials during transport. A hauling business would need to keep track of the location where materials are collected, amounts and types of waste collected, and the ultimate location of disposal or recycling. The data would be forwarded to CCEH on a quarterly basis and shared with other agencies upon request (e.g. waste authorities). An approved hauling vehicle would have a visible permit decal affixed to the rear of the vehicle, similar to other types of vehicles regulated by CCEH, to facilitate enforcement. Proposed Ordinance No. 2017-16 also contains language specifically intended to help avoid issuance of permits that would conflict with exclusive hauling rights granted by franchising agencies in agreements governing waste collection services in the unincorporated areas. Requirements that already exist in State law were not duplicated in the proposed ordinance. For example, State regulations require that debris boxes be marked with the name and phone number of the hauling company. CCEH, in its capacity as the local enforcement agency (LEA) for solid waste, can enforce the State standard throughout the entire county, except for the City of Pittsburg, which is its own LEA. CCEH has previously informed franchise haulers that they can refer issues related to these State standards to the LEA for investigation. Though the State regulations specify certain minimal requirements associated with hauling, such as bin marking, they do not contain a requirement for hauler permits. Ordinance Implementation CCEH is developing certain documents and procedures associated with the implementation of the ordinance in cooperation with DCD. The documents include an application form, inspection form, informational brochure targeted at haulers and other interested parties, and a waste reporting template. Permit Applications: CCEH and DCD are working together to develop application forms to help ensure that applicants are required to provide the type of information needed to make determinations regarding potential conflicts with the County’s Franchises. The complexity of the pertinent Franchise related variables necessitate that permit applicants provide a significant level of detail about the hauling services for which they are seeking a permit, including: Clearly identified service area boundaries defining the extent of geographic territory they plan to serve, Type of waste generator (customer) they plan to collect from (e.g. residential, commercial, light industrial, heavy industrial, or governmental), Types of waste they plan to collect from each type of generator served (waste type classifications to be listed on the application will primarily be driven by language defining the scope of exclusivity in the franchise agreements governing collection services in the proposed service area. Types of waste that are to be removed as an incidental included service, such as on-site clean-up services (which may involve removal of any and all types of solid waste), separately from those types which are not, to ensure clear delineation of any waste types they would offer to collect if placed out for pick-up by customers, as these circumstances are more likely to result in franchise-related conflicts. Franchise Agency Referral Process: This coordination with County and Non-County Franchise Agencies is intended to help CCEH avoid issuing permits for hauling activities that would conflict with the respective franchise(s) in effect at the time. Currently, there is no readily accessible comprehensive map delineating the exact boundaries of each of the nine unincorporated franchise service areas (Exhibit C, attached to this report is a general map of these service areas). Of these nine franchise service areas, four are County Franchises and the remaining five are Non-County Franchises. Franchise Agencies are the most qualified authorities to make determinations as to whether or not locations fall within their respective franchise service areas. DCD will act as the Franchise Agency for referrals pertaining to the four County Franchises for the purpose of reviewing Hauler Permit Application referrals in order to provide CCEH with determination about any applicable conflicts with County Franchises, which collectively govern services for roughly 53% of the unincorporated population. Non-County Franchises are administered by the following five local public agencies, which collectively govern services provided to approximately 47% of the total unincorporated population: Central Contra Costa Solid Waste Authority/RecycleSmart – Joint Powers Authority responsible for waste and recycling programs for Alamo, Blackhawk, Contra Costa Centre, Diablo, Tassajara and unincorporated areas in the vicinity of Danville, Lafayette, Moraga, Orinda and Walnut Creek. 1. Byron Sanitary District – Special District solely responsible for a portion of Byron2. Kensington Police Protection and Community Services District – Special District solely responsible for collection services in Kensington 3. Mt. View Sanitary District – Special District responsible for unincorporated Martinez, including some land near Pacheco Blvd. and Arnold Dr. 4. Rodeo Sanitary District – Special District solely responsible for collection services in Rodeo5. Under the proposed ordinance, upon receipt of a new application, CCEH will refer a copy of the application package to the six Franchising Agencies and request they provide a determination about any proposed hauling services that conflict with their franchise agreements or any hauling ordinances. If no response is received after a 30-day review period, CCEH will proceed with the permitting under the presumption that it would not violate non-responsive agencies’ franchise agreements. Permits will not be issued for any hauling services described on the application which franchise agency(ies) determine would potentially conflict with one or more local franchise the application which franchise agency(ies) determine would potentially conflict with one or more local franchise agreements or hauling ordinances. Preparing for and Tracking Implementation: Once implemented, CCEH will keep track of those haulers that obtain permits, those found operating without permits, and the relationship between the haulers and illegal transfer stations. At a later date, CCEH will provide a report to the Board about the successes and/or deficiencies that are identified. The ordinance would take effect 30 days after it is adopted. However, permits would not be required until January 1, 2018. Actions that staff proposes to take prior to the permit requirement taking effect on January 1, 2018, would include: Finalizing permitting forms and associated documentation, such as instructions for haulers and agency coordination notices, Developing written procedures for the processing of the application, Modifying electronic tracking software to include new hauler permit program, which will among other things trigger follow-up action when 30 days has elapsed, and Conducting outreach to raise awareness about the new permit requirement, so that companies/persons known to haul waste receive written notice and can take steps required to ensure their operation is compliant. Permits would be valid for one calendar year. CCEH will be returning to the Board with a proposal to approve fees to pay the costs of permit processing and enforcement and set the amount of a performance bond or equivalent security. Enforceability There are a number of issues related to enforceability of proposed Ordinance No. 2017-16. Complex Hauling Permit Parameters Due to Franchises: Implementing a waste hauler permit system in a County where waste collection is already governed by multiple different local agencies pursuant to separate franchise agreements that grant varying degrees of exclusivity poses complex enforceability challenges. These variables do not allow for permitting uniformity and pose enforcement challenges. To avoid conflicts with franchise agreements, permits will authorize hauling only certain specified waste types from customers located within a defined permit-specific territory, which may be further limited by customer type (e.g. only residences). Investigations Required to Make Hauling Activity Compliance Determinations: Readily visible permit decals would make it relatively easy to spot a permitted hauling vehicle. It may be more challenging, however, to determine if such a vehicle is hauling the types of waste authorized to be hauled, in the permitted service area. Additionally, there are a number of exemptions under the proposed ordinance, so further investigation might be needed to determine if a hauling vehicle that does not display a permit decal is evidence of a violation of the permit requirement, or is instead being driven by a person exempt from that requirement. Ultimately, enforcement of the proposed ordinance will likely be driven by complaints. Other Local Ordinances Governing Waste Hauling: Waste hauling ordinances adopted by non-County franchise agencies may also impact enforcement of proposed Ordinance No. 2017-16. Other local agency ordinances reviewed by CCEH staff to date do not appear to conflict with the proposed ordinance, but new ordinances could be adopted in the future that may pose challenges. An ordinance adopted by the Central Contra Costa Solid Waste Authority (CCCSWA) established its existing permit system applicable to construction and demolition (C&D) debris transporters operating within the CCCSWA’s territory, which includes some pockets of the unincorporated area. Staff is not aware of any other hauler permit systems being implemented in the unincorporated areas. ADDITIONAL IOC DISCUSSION & DIRECTION The nature of the hauling activities to be regulated under the proposed ordinance prompted interested stakeholders to raise a number of policy issues, discussed below, in addition to the proposed ordinance. Hauling Regulated by County Franchises Ordinance-related Franchise Agreement Amendments: To facilitate consistent regulation of haulers through the permitting process established under the ordinance, minor amendments to the County's four franchise agreements are recommended for clarification purposes. These minor franchise amendments would standardize the definitions of industrial waste and clarify limitations applicable to junk removal. DCD staff has provided proposed franchise agreement amendments to each of the County’s franchise haulers. To date, none has been executed and returned. Although desirable from the standpoint of processing permit applications, it is not necessary that any of the proposed minor ordinance-related franchise agreement amendments be fully executed prior to the proposed ordinance taking effect. Non-ordinance related Franchise Amendment: County franchise hauler representatives raised the issue of amending three of the County’s franchise agreements to provide franchisees with the exclusive privilege and duty to collect construction and demolition debris, similar to what is provided for in the County’s oldest franchise agreement which governs collection services provided by Richmond Sanitary Service. Expanding franchise exclusivity to include additional waste type(s) has substantial policy implications that warrant further research and analysis to better inform the Board before making this important policy decision. At the Board’s direction, staff will be prepared in the fall of 2017 to present a detailed report regarding franchise exclusivity options and alternatives for Board decision. This report would present analysis to the Board of the advantages and disadvantages of making such changes to the franchise agreements and explanation of the process for implementing any changes, including the 5-Year Rule, discussed briefly below. 5-Year Rule: State law establishes noticing requirements applicable to exclusive waste hauling services and limits the degree to which local agencies can enforce exclusive waste hauling rights and responsibilities for an initial five year period. Section 49520 of the California Public Resources Code states: “If a local agency has authorized, by franchise, contract, license, or permit, a solid waste enterprise to provide solid waste handling services and those services have been lawfully provided for more than three previous years, the solid waste enterprise may continue to provide those services up to five years after mailed notification to the solid waste enterprise by the local agency having jurisdiction that exclusive solid waste handling services are to be provided or authorized, unless the solid waste enterprise has an exclusive franchise or contract.” This is often referred to as the “5-Year Rule.” If the Board first determines that exclusive solid waste handling services for construction and demolition debris are to be provided, only then would a 5-Year Rule notice be given. If a 5-Year Rule notice is to be given, staff would then need to identify the appropriate recipients of that notice – i.e., businesses that have been lawfully providing the soon-to-become exclusive solid waste handling services for more than three previous years. Since the County has not been issuing permits to non-franchise haulers, names and addresses of potential notice recipients may need to be culled from the County’s database of business license holders. Enforcement The IOC expressed interest in several enforcement-related issues that came up when the ordinance was being discussed. These include funding, penalties, debris box identification, role for building permitting/inspection, role for law enforcement and poaching of recyclables. In most cases, the concerns identified were found to be the subject of other existing state or local laws or regulations. Staff did not propose ordinance requirements be included in Chapter 418-2 if there is already something similar in state laws or regulations that fall within the enforcement purview of a County department. Debris Box Identification: The County’s franchise haulers advocated that the County prohibit unmarked debris boxes and unmarked hauling vehicles by expanding the scope of the proposed ordinance. However, both are already addressed by existing requirements in Title 14 of the California Code of Regulations (CCR). There are a number of requirements and standards in Title 14, Sections 17301-17345 that are applicable to waste hauling vehicles and containers, which includes debris boxes (i.e. dumpsters, roll-off boxes). As the LEA for solid waste, CCEH is authorized to enforce the state’s solid waste standards in Title 14. CCR Title 14, Section 17316 requires containers of one cubic yard or more to be identified with the name and telephone number of the applicable service provider (container owner). Refuse haulers, contractors and local building departments throughout the County can refer complaints about possible violations, such as unmarked debris boxes, to their local LEA for investigation. If a violation is verified, the LEA will give official notice requiring the responsible party to correct the violation. CCEH believes that proactive enforcement of CCR Title 14 container marking requirements can adequately address franchise hauler concerns about unmarked debris boxes. If such efforts prove to be unsuccessful, the Board of Supervisors may wish to consider adding debris box (container) marking or decal requirements to Chapter 418-2. Building Permitting & Inspection: Interested stakeholders expressed desire for having DCD’s building permit process modified to assist future hauling enforcement efforts since development projects generate construction and demolition waste. In early 2017, DCD modified the County’s CalGreen recycling forms that owners must complete and submit for building projects that are subject to CalGreen Building Code’s recycling requirements. The updated forms now in use by DCD’s Application and Permit Center staff require identification of the name of the person or company responsible for hauling debris from the applicable jobsite. The updated forms enable DCD to offer project-specific hauler information collected during the Building Permit process to CCEH (upon request). Potential Role for Building Inspectors tied to Expansion of Decal Requirements: If CCEH’s efforts to enforce the container marking requirements in Title 14 do not prove sufficient to identify the hauling company, the Board could direct staff to revise Chapter 418-2 in the future to require County issued decals for debris boxes/containers. If all debris boxes were required to display County issued decals, it would be more potentially feasible for Building Inspectors to play a role in helping support the LEA’s enforcement efforts if they observe debris boxes without decals while conducting jobsite inspections. If Building Inspectors were charged with this additional task, DCD may need to collect additional fee revenue to offset the cost of any staff time spent on debris boxes. It is worth noting that a Building Inspector spends limited time at each jobsite, and only during certain stages of construction, which does not necessarily coincide with the timeframe that the debris box may be present and visible on site. Even if the debris box happens to be present, on a large construction site, the Inspector may not be in close proximity to the box when conducting their inspection, and therefore may not be able to see the box or any of its identifying features. Penalty for Violating CalGreen: At the IOC meeting on October 12, 2015, a Franchisee representative spoke in support of having the County start levying fines if Permittees failed to provide evidence of proper disposal of C&D debris at the time they requested their Final Inspection from the Building Inspection Division. The County does not impose fines on persons violating the debris recovery requirements in CalGreen. Persons found to be out of compliance with CalGreen debris recovery requirements are denied the ability to receive their Final Inspection for that project. Theft of Recyclable Materials: The County’s franchise haulers have expressed concerns about the theft (poaching) of recyclable materials, primarily from commercial customers, along their routes. Source separated recyclables belong to the person who generated them (generator) until the recyclables are given, donated or sold to another party or placed out in designated location/receptacle for collection. Addressing this issue in the proposed ordinance, however, is not necessary, because poaching (theft) of recyclables placed out for collection by the designated collector (franchise hauler) is already prohibited by multiple existing state laws and regulations. Violations of Public Resources Code sections involving the theft of recyclables are subject to criminal enforcement. Public Resources Code sections 41950 and 41951 specify that residential and commercial recyclables become the property of the collection service operator as soon as they are placed out on the curb (or other designated pick-up location) and expressly prohibit persons from removing recyclables placed out for collection. Public Resources Code section 41955 allows the theft of recyclables valued between $50 and $950 to be charged as either a misdemeanor or an infraction, unless it is a second or subsequent violation which must then be charged as a misdemeanor punishable pursuant to Section 19 of the Penal Code. Additionally, Public Resources Code section 41953 specifies the maximum civil penalty amounts that courts are allowed to impose in response to civil actions brought by the designated recycler; the amount allowed for the first violation ($2,000) is less than half of the amount allowed for subsequent violations within any 12-month period ($5,000). Alternatively, courts may award treble damages instead if greater than applicable civil penalty limits. State Addresses Fraudulent CRV Recycling Activities: ~~CalRecycle’s Division of Recycling is responsible for the California Refund Value (CRV) recycling program. CalRecycle’s website lists self-haul type trucks being used to deliver beverage containers to a recycling center as one of the potentially fraudulent activities that should be reported to the Division of Recycling’s toll-free tip hotline at 1-866-CANLOAD (1-866-226-5623). [1] Persons who haul routinely generated Residential Solid Waste and/or Commercial Solid Waste or recyclables from homes or businesses in the unincorporated areas without entering into a franchise agreement with the County would be in violation of Section 418-7.602 of the County Ordinance Code. This does not apply to the hauling of construction or demolition waste, industrial waste or septage). ATTACHMENTS Exhibit A: Proposed Ordinance 2017-16 _ Permitting of Non-Franchise Solid Waste Haulers Exhibit B: Existing Chapter 418-2 Exhibit C: Map of Unincorporated Franchise Areas 7/6/2017 Contra Costa County, CA Ordinance Code https://library.municode.com/ca/contra_costa_county/codes/ordinance_code?nodeId=TIT4HESA_DIV418RE_CH418-2CO 1/2 Chapter 418-2 - COLLECTION** Sections: 418-2.002 - Refuse—Dened. As used in this chapter, "refuse" means garbage, combustible or noncombustible waste, and putrescible solid or concentrated liquid wastes originating from household, business, commercial, or industrial activity, including sewage, sewage euent, sewage sludge, or any admixture of any of these substances with another of them or with any other substance. (Ord. 82-42 § 1: prior code § 4500: Ord. 1443). 418-2.004 - Permit required. No person, municipality, or governmental agency shall collect or transport any refuse on the public streets or highways of this county without rst having obtained a permit from the board of supervisors. (Prior code § 4501: Ord. 1443). 418-2.005 - Hiring of licensed person required. No person shall engage the service of a person, municipality or governmental agency, whether or not for compensation, to collect or transport over the public streets or highways of this county, refuse, unless the person, municipality or governmental agency whose service is engaged has obtained a permit pursuant to Section 418-2.004. (Ord. 88-49 § 2). 418-2.006 - Bond required. Every person, other than a governmental agency, which shall apply for a permit to collect or transport refuse, shall le with the board of supervisors a bond in the amount of two thousand dollars, or the same amount in cash, as a guarantee that the privilege granted in the permit shall be performed in accordance with the regulations prescribed by the board of supervisors in the order granting the permit, as recommended by the county health department and in accordance with applicable state laws. (Prior code § 4502: Ord. 1443). 418-2.008 - Vehicle requirements.* 7/6/2017 Contra Costa County, CA Ordinance Code https://library.municode.com/ca/contra_costa_county/codes/ordinance_code?nodeId=TIT4HESA_DIV418RE_CH418-2CO 2/2 (a) (b) (1) (2) (3) (c) (1) (2) (3) Every vehicle transporting refuse to a solid waste disposal or processing facility shall provide a means to cover and contain refuse securely within the vehicle, so that no refuse shall escape. Every vehicle used in the business of refuse collection shall have painted on the outside of each side wall of the hauling body, in letters not less than four inches high and one inch wide, the following legible information in a color contrasting with the body color: Name of the refuse collector; Permit number issued by the board of supervisors; Number of vehicle, if more than one vehicle is operated by the collector. Collecting vehicles shall be kept clean, and no nuisance of odor committed. (Ord. 91-26 § 2: prior code § 4503: Ord. 1443). * For vehicle weight restrictions, see § 46-4.010, this code. 418-2.010 - Chapter exceptions. The provisions of this chapter, except Section 418-2.008(a) and (c), shall not apply to a septic tank- chemical toilet cleaner as dened in Section 413-3.415, having a valid, unrevoked, unsuspended public health license issued therefor pursuant to the provisions of Article 413-3.8, and to persons collecting: Dead animals, bones, or meat scraps for tallow plants; Waste material, such as waste paper and waste paper products, to be used as a raw material in manufacturing; Refuse originating on their own premises. (Ords. 91-26 § 3, 82-42 § 2: prior code § 4504: Ord. 1443). Clyde 5 2 3 Contra Costa County Alameda County SolanoCounty San FranciscoCounty SacramentoCounty San Mateo County San JoaquinCounty Alamo Rodeo Bay Point Discovery Bay Byron Crockett Knightsen Bethel Island Blackhawk El Sobrante Diablo Kensington Pacheco Port Costa E. Richmond Heights Richmond AntiochConcord Oakley Hercules Danville Pittsburg Orinda Pinole San Ramon Lafayette Martinez Brentwood Moraga Walnut Creek Pleasant Hill ClaytonEl Cerrito San Pablo 3 5 2 1 4 £¤101 }þ4 }þ160 }þ13 }þ242 }þ12 }þ84§¨¦580 §¨¦680 §¨¦880 §¨¦780 §¨¦205 §¨¦238 §¨¦980 §¨¦580 567J4 This map was created by the Contra Costa County Department of Conservation andDevelopment with data from the Contra Costa County GIS Program. Some base data, primarily City Limits, is derived from the CA State Board of Equalization'stax rate areas. While obligated to use this data the County assumes no responsibility forits accuracy. This map contains copyrighted information and may not be altered. It may be reproduced in its current state if the source is cited. Users of this map agree to read and accept the County of Contra Costa disclaimer of liability for geographic information.I 0 5 102.5 Miles Supervisorial Districts County Administered Franchises Allied (16,834 pop.) Crockett Sanitary (3,322 pop.) Garaventa (34,643 pop.) RSS (35,070 pop.) Non - County Franchises CCCSWA County (49,999 pop.) Kensington CSD (5,077 pop.) Byron Sanitary (756 pop.) Mt View Sanitary (21,192 pop.) Rodeo Sanitary (7,730 pop.) Contra Costa CountyCollection Franchise Area Map (Draft) Map Created 2/23/2016by Contra Costa County Department ofConservation and Development, GIS Group30 Muir Road, Martinez, CA 9455337:59:41.791N 122:07:03.756W* Population numbers from 2010 Census Data * EXHIBIT C RECOMMENDATION(S): 1. FIND that the adoption of the Tobacco Retailing Ordinance (Ordinance No. 2017-10) is exempt from environmental review under Section 15061(b)(3) of the California Environmental Quality Act; 2. ADOPT Ordinance 2017-10, to regulate the location of tobacco retailing businesses and prohibiting the establishment of hookah lounges, vapor lounges and significant tobacco retailing businesses; 3. DIRECT the Department of Conservation and Development Director, or his designee, to file a Notice of Exemption with the County Clerk Recorder. FISCAL IMPACT: There are no fiscal impacts associated with the adoption of the Tobacco Retailing Ordinance, except for the costs associated with preparing this ordinance. The ordinance would only prevent the establishment of new tobacco retailers and would not impact existing tobacco retailers. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/11/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Ruben Hernandez (925) 674-7785 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: D.5 To:Board of Supervisors From:John Kopchik, Director, Conservation & Development Department Date:July 11, 2017 Contra Costa County Subject:Adoption of Proposed Zoning Text Amendment for Tobacco Retailing Ordinance BACKGROUND: I. Introduction At the direction of the Board of Supervisors, and in conjunction with the County Health Services Department, and County Counsel, the Department of Conservation and Development has prepared a zoning text amendment, Ordinance 2017-10, to regulate the location of tobacco retailing businesses and prohibiting the establishment of hookah lounges, vapor lounges and significant tobacco retailing businesses. The proposed ordinance would restrict the concentration of tobacco retailing businesses, minimize the availability and influence of tobacco products to minors by prohibiting tobacco retailing businesses from locating near schools and other youth-sensitive areas, as well as prohibit hookah lounges, vapor lounges and significant tobacco retailers within the unincorporated areas of the County. Adoption of Ordinance 2017-10 is one of a number of policy options being pursued by Health Services Department in accordance with the policy options for protecting youth from tobacco influence in the retail environment accepted by the Board of Supervisors on May 24, 2016. The ordinance would include definitions, distance restrictions for the establishment of tobacco retailing businesses, and prohibit the establishment of hookah lounges, vapor lounges and significant tobacco retailers as defined in the attached ordinance. II. Public Hearings The proposed zoning text amendment was initially heard by the County Planning Commission on December 6, 2016. At the hearing, public testimony in support and in opposition to the proposed ordinance was provided. After accepting testimony, the Planning Commission continued the hearing to the February 8, 2017 hearing date in order to provide tobacco business owners an opportunity to meet with the Health Department in order to better understand the proposed tobacco ordinances under consideration. On February 8, 2017, the Planning Commission voted 3-1 to recommend denial of Ordinance 2017-10. A copy of the Planning Commission Resolution (CPC Reso. No. 07-2017) is attached. After being recommended for denial by the Planning Commission, Ordinance 2017-10 as well as the Tobacco Product and Retail Sales Control Ordinance (which is not a zoning ordinance) were presented to the Board of Supervisors' Family and Human Services Committee on April 24, 2017 who directed both matters to the full Board. Both items were considered by the Board on June 13, 2017. At the hearing before the Board, significant public testimony was received in support of and in opposition to the proposed tobacco regulation ordinances. After receiving the public testimony and closing the public hearing, the Board began deliberating on the proposed ordinances. After discussion, the Board directed changes to both ordinances. With regard to the Zoning Ordinance, (Ordinance 2017-10) the Board directed staff to remove the provision of the ordinance placing a 10-year limit on the legal non-conforming status of existing, non-conforming, tobacco retailers. Per the Board's direction, the ordinance has been amended and the 10-year non-conforming restriction has been eliminated. Additionally, in order to simplify adoption of both the zoning text amendment and the amendments to the County Health and Safety Code, the proposed amendments have been separated into individual Board agenda items. This allows the Board to adopt the ordinance amendments independently. III. Summary of Ordinance 2017-10 Location Restrictions for New Tobacco Retailing Businesses. The ordinance prohibits new tobacco retailing businesses from being located within 500 feet of any other existing tobacco retailing business, and prohibits new tobacco retailing businesses from being located within 1,000 feet of a public or private school, playground, park, or library. (Sec. 88-26.402.) Existing Tobacco Retailing Businesses. If an existing tobacco retailing business is within 500 feet of any other existing tobacco retailing business, or within 1,000 feet of a public or private school, playground, park, or library, the existing business may remain at its location following adoption of Ordinance No. 2017-10 and continue its tobacco retailing use. The existing business will be considered a nonconforming tobacco retailing use. The existing business will not be allowed to increase, enlarge, or expand its tobacco retailing use. (Sec. 88-26.406.) The version of Ordinance No. 2017-10 that the Board considered on June 13 required a nonconforming tobacco retailing use to be discontinued if a change in business ownership occurred 10 years or more after the adoption of the ordinance, or to be discontinued 10 years or more after the use became nonconforming, whichever date was later. Based on Board direction, this 10-year provision has been deleted from Ordinance No. 2017-10. This deletion does not require further review by the Planning Commission. Hookah Lounges. The ordinance prohibits hookah lounges from being established in the unincorporated area of the County. (Sec. 88-26.602.) A hookah lounge is where customers smoke tobacco through one or more hookahs or waterpipes. (Sec. 88-26.204(a).) Vapor Lounges. The ordinance prohibits vapor lounges from being established in the unincorporated area of the County. (Sec. 88-26.604.) A vapor lounge is where customers use one or more electronic smoking devices to deliver an inhaled dose of nicotine. (Sec. 88-26.204(e).) Significant Tobacco Retailing Businesses. The ordinance prohibits significant tobacco retailing businesses from being established in the unincorporated area of the County. (Sec. 88-26.606.) A “significant tobacco retailing business” is a business where 20% or more of the floor or display area is devoted to tobacco products or tobacco paraphernalia. (Sec. 88-26.204(b).) IV. Conclusion Staff is recommending that the Board adopt the attached revised Ordinance 2017-10. CONSEQUENCE OF NEGATIVE ACTION: If the Board denies the zoning text amendment, then tobacco retailing business will be allowed to be established within 1,000 feet of schools, parks, playgrounds and libraries and within 500 feet of each other, increasing tobacco influence on youth. CHILDREN'S IMPACT STATEMENT: The proposed tobacco retailing ordinance would prohibit the establishment of new tobacco retailers within 1,000 feet of schools, parks, playgrounds and libraries and within 500 feet of existing tobacco retailers. The ordinance would also prohibit the establishment of hookah lounges, vapor lounges and significant tobacco retailing businesses. The intent of the proposed ordinance is to reduce tobacco influence on youth in order to reduce tobacco use, addiction and associated health impacts. CLERK'S ADDENDUM Speakers: Amarjit Sekhom, resident of San Leandro; Mary Jaccodine, CC Tobacco Prevention Coalition; LIz williams, Americans for NOnsmokers' Rights; Alexandra Winston, resident of Vallejo. AGENDA ATTACHMENTS Ordinance No. 2017-10 Tobacco Map CPC Reso. 07-2017 CPC Staff Report MINUTES ATTACHMENTS Signed Ord No. 2017-10 Correspondence Received Richmond Antioch Concord Oakley Danville Hercules Pittsburg Orinda Pinole SanRamon Lafayette Walnut Creek Martinez Brentwood Moraga ClaytonPleasant Hill ElCerrito SanPablo Proposed Tobacco Zoning Ordinance 2017-10: Estimated Location Restrictions ©Map Created on June 26, 2017Contra Costa County Department of Conservation and Development30 Muir Rd, Martinez, CA 94553-0095 0 30,000 60,00015,000 Feet City Limits Non Urban Areas Tobacco Retailer (as of J anuary 6, 2016)! Youth Sensitive Site (as of 2017)(School, Libary, Community Park, or Playground) No New Tobacco Retailers would be permitted within:1,000 feet of a youth sensitive site500 feet of an existing tobacco retailer Estimated Areas where no new tobacco retailer could be established RECOMMENDATION(S): INTRODUCE Ordinance No. 2017-01 to establish restrictions on the retail sales of emerging tobacco products such as electronic smoking devices, regulate the sale of flavored tobacco products and menthol cigarettes, prohibit tobacco retailing in pharmacies, and establish a cap on the number of tobacco retailer’s licenses issued by the County; WAIVE reading; and FIX July 18, 2017, for adoption. 1. DECLARE intent to adopt findings in support of Ordinance No. 2017-01.2. DIRECT the Health Services Department to report annually to the Family and Human Services Committee on the implementation of the ordinance. 3. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/11/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Enid Mendoza, (925) 335-1039 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: D.6 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:July 11, 2017 Contra Costa County Subject:Introduce Ordinance No. 2017-01 Regulating Tobacco Products and Retail Sales RECOMMENDATION(S): (CONT'D) > FISCAL IMPACT: A portion of the Prop 99 and Prop 56 funding Contra Costa Health Services Department receives for its Tobacco Prevention Program will be allocated to coordinating and implementing directions provided by the Board of Supervisors. Tobacco Retailer licensing fees, currently $287 per retailer, can also be used to conduct outreach, education and compliance inspections to tobacco retailers on the ordinance amendments and new requirements. Implementation of these ordinances will have no impact on the General Fund. BACKGROUND: On June 13, 2017, the Board of Supervisors considered two tobacco control ordinances, Ordinance No. 2017-01 and Ordinance No. 2017-10. Ordinance No. 2017-01, entitled “Tobacco Product and Retail Sales Control,” establishes restrictions on the retail sales of “emerging tobacco products,” such as electronic smoking devices and flavored tobacco products. Ordinance No. 2017-01 also prohibits pharmacies from selling tobacco and tobacco products, and limits the number of licensed tobacco retailers in the unincorporated area of the County to 90 retailers. Ordinance No. 2017-10, a zoning ordinance entitled “Tobacco Retailing Businesses,” regulates the location of tobacco retailing businesses and prohibits the establishment of hookah lounges, vapor lounges, and significant tobacco retailing businesses. The Board held a public hearing on Ordinance No. 2017-10 on June 13, 2017. At the conclusion of the public hearing on Ordinance No. 2017-10 and following the Board’s discussion of both tobacco ordinances, the Board directed staff to revise the two ordinances and return to the Board for further consideration of the ordinances. Ordinance No. 2017-01 is attached to this Board order. Ordinance No. 2017-10 is attached to a separate Board order. Here is a summary of Ordinance No. 2017-01: Electronic Smoking Devices. Division 445, the County’s Secondhand Smoke and Tobacco Product Control ordinance, currently prohibits retailers from selling tobacco products without a County tobacco retailer’s license. Ordinance No. 2017-01 adds “electronic smoking devices” to the definition of “tobacco product” in Division 445. A tobacco retailer’s license will be required to sell electronic smoking devices at locations where the sale of tobacco products is authorized. (Sec. 445-2.006(t).) Flavored Tobacco Products and Menthol Cigarettes. The ordinance prohibits the sale of flavored tobacco products within 1,000 feet of a public or private school, playground, park, or library. The ordinance also prohibits the sale of menthol cigarettes within 1,000 feet of a public or private school, playground, park, or library. (Sec. 445-6.006.) Packaging and Labeling. The ordinance prohibits the sale of a tobacco product unless the product is in the original manufacturer’s packaging and conforms to all applicable federal labeling requirements. (Sec. 445-6.008.) Cigars. The ordinance requires all cigars, including little cigars, to be sold in a package of at least 10 cigars. This requirement does not apply to cigars that have a sale price of at least $5. (Sec. 445-6.010.) Identification. The ordinance requires a tobacco retailer to examine the identification of a person who reasonably appears to be under the age of 27 years before the tobacco retailer sells tobacco products or paraphernalia to the person. (Sec. 445-6.012.) Pharmacies. The ordinance prohibits pharmacies from selling tobacco products. (Sec. 445-10.002(b)(2).) “Pharmacy” means any retail establishment where a state licensed pharmacist practices and where prescription pharmaceuticals are offered for sale. (Sec. 448-10.006(d).) Limit on Licensed Tobacco Retailers. The ordinance limits the number of licensed tobacco retailers in the ↵ ↵ unincorporated area of the County to 90 retailers. (Sec. 445-10.002(b)(3).) License Suspensions. Division 445 currently authorizes the County to suspend a tobacco retailer’s license for any violation of a tobacco law. Ordinance No. 2017-01 authorizes additional grounds for suspending a tobacco retailer’s license. The ordinance allows the County to suspend a tobacco retailer’s license for the violation of any law regulating controlled substances or drug paraphernalia, or for the violation of any local or state law regulating advertising and signage on a retailer’s window space. (Sec. 445-10.018(d).) License Suspension Five-Year “Look-Back” Time Period. Division 445 currently authorizes the County to suspend a tobacco retailer’s license for up to 30 days for a first violation of a tobacco law, up to 90 days for a second violation within two years, and up to one year for a third and subsequent violations within two years. Ordinance No. 2017-01 authorizes a longer “look-back” period for a second violation and subsequent violations. The ordinance allows the County to suspend a tobacco retailer’s license for up to 90 days for a second violation that occurs within five years after the first violation, and up to one year for a third violation and for each subsequent violation that occurs within five years after the first violation. (Sec. 445-10.018(d).) Tobacco Displays. The ordinance prohibits a tobacco retailer from displaying tobacco products, tobacco paraphernalia, and tobacco advertisements while a tobacco retailer’s license is suspended. (Sec. 445-10.024.) BOARD DIRECTION ON JUNE 13, 2017 On June 13, Board members indicated their support of all of the ordinance regulations summarized above, except for the restrictions on the sale of flavored tobacco products and menthol cigarettes that were presented to the Board at the June 13 meeting. The version of Ordinance No. 2017-01 that the Board considered on June 13 prohibited the sale of flavored tobacco products throughout the unincorporated area of the County, and also prohibited the sale of menthol cigarettes throughout the unincorporated area of the County. Based on Board direction, the version of Ordinance No. 2017-01 that is attached to this Board order prohibits the sale of these products within 1,000 feet of a public or private school, playground, park, or library. The Board may wish to have additional discussion on these distance restrictions. On June 13, the Board also directed staff to do the following: Provide maps showing the number of retailers that are located within both a 500-foot and 1000-foot “buffer zone” around schools, parks, playgrounds, and libraries, in order to assist in evaluating options for prohibiting the sale of flavored tobacco products and menthol cigarettes in the unincorporated County. A table of stores selling tobacco in Contra Costa County in each unincorporated community, and maps for each supervisorial district, are attached. 1. Provide an updated table summarizing the proposed ordinance regulations and listing other California jurisdictions with similar regulations. The updated table is attached. 2. Notify pharmacies of the proposed ordinance restriction prohibiting them from selling tobacco products. Staff has mailed notice of this proposed restriction to all pharmacies located in the unincorporated area of the County. 3. ADDITIONAL BACKGROUND On May 5, 2015, the Health Services Department presented the results of a County-wide survey to the Board of Supervisors showing that youth are exposed to tobacco industry influences in their communities. The Board directed staff to develop policies to protect youth from tobacco influences in the retail environment and present those policy options to the Family and Human Services Committee for the committee’s review and recommendations to the Board. On July 21, 2015, the Board reviewed the report on policy options for protecting youth from tobacco influences in the retail environment and directed staff to evaluate the polices to address fiscal and implementation considerations. On May 24, 2016, the Board considered fourteen policy options for protecting youth from tobacco influences and directed staff to develop comprehensive tobacco control ordinances that would include each of the fourteen policy options. Two ordinances—Ordinance No. 2017-01 and Ordinance No. 2017-10—were developed that together include each of the fourteen policy options. On December 6, 2016 and February 8, 2017, the Planning Commission considered Ordinance No. 2017-10, a zoning text amendment. The Planning Commission’s resolution recommended that the Board not adopt Ordinance No. 2017-10. Staff then conducted additional public outreach by holding two public input sessions with tobacco retailers on February 2, 2017, and March 2, 2017. On April 24, 2017, the Family and Human Services Committee moved to recommend both ordinances to the Board for further discussion regarding impacts to existing retailers and for adoption of the ordinances. CONSEQUENCE OF NEGATIVE ACTION: The County will not adopt ordinances to establish restrictions on the retail sales of emerging tobacco products such as electronic smoking devices, regulate the sale of flavored tobacco products and menthol cigarettes, prohibit tobacco retailing in pharmacies, and establish a cap on the number of tobacco retailer’s licenses issued by the County. CHILDREN'S IMPACT STATEMENT: Tobacco products are still being promoted to children through availability of youth-friendly flavored tobacco products and inexpensive small packs of these products; exposure to tobacco marketing in the retail environment; and the sale and marketing of tobacco products near schools and other youth sensitive areas. Policy options exist to amend County Code to address these issues and will discourage youth from tobacco use and promote healthier communities, which addresses the following children's outcome: (5) Communities that are Safe and Provide a High Quality of Life for Children and Families. CLERK'S ADDENDUM Speakers: Laura Nathan, ACS-Cancer Action Network; Stephanie Winn-McCorkle, American Cancer Society, Cancer Action Network (ACSCAN); Kayla Walker, resident of Brentwood; Phillip Gardiner, African American Leadership Council; Mary Jaccodine, Contra Costa Tobacco Prevention Coalition; LIz Williams, Americans for Nonsmokers' Rights; Tanya Stevenson, Breathe California; Audrey Apadill, Breathe California; Crystal Tse, resident of San Pablo; Lori Bremner, ACSCAN; Teresita Omelas, resident of Antioch; Mariene Lopez, resident of Antioch; Ivana Cortez, resident of Antioch; Rosalyn Moya, BACK- Project Ride; Margo Connolly, ACSCAN; Blanca Collin, Monument Impact; Guadalupe Alaniz, Monument Impact; Carolyn Dillingham, resident of Alamo; Julie Oshiro, resident of El Sobrante; Bob Gordon, Tobacco Prevention Coalition; Alexandra Winston, resident of Vallejo; Cassie Ray, ACSCAN; Juanita Kizor, resident of Orinda; Norma & Lynsey; Karina Guadalupe, resident of Richmond; Joes Ramos, ASCCAN; Rachel Gratz; Maria Alegria, Democratic party of Contra Costa. INTRODUCED Ordinance No. 2017-01 to establish restrictions on the retail sales of emerging tobacco products such as electronic smoking devices, regulate the sale of flavored tobacco products and menthol cigarettes, prohibit tobacco retailing in pharmacies, and establish a cap on the number of tobacco retailer’s licenses issued by the County; WAIVED reading; and FIXED July 18, 2017, for adoption; DECLARED intent to adopt findings in support of Ordinance No. 2017-01; DIRECTED the Health Services Department to report annually to the Family and Human Services Committee on the implementation of the ordinance; DIRECTED that staff allow businesses until December 31, 2017 to have all relevant stock sold, at which time strict enforcement be implemented. ATTACHMENTS Ordinance No. 2017-01 Tobacco Product & Retail Sales Control Findings in Support of Ordinance No. 2017-01 Ordinance No. 2017-01 Redline Version Revised Summary Table of Tobacco Control Ordinances Provisions Stores Selling Tobacco in CCC by Unincorporated Community District I Tobacco Stores Map District II Tobacco Stores Map District III Tobacco Stores Map District IV Tobacco Stores Map District V Tobacco Stores Map ORDINANCE NO. 2017-01 REDLINE VERSION 1 DIVISION 445 SECONDHAND SMOKE AND TOBACCO PRODUCT CONTROL Chapter 445-2 GENERAL PROVISIONS 445-2.002 Title. This division is known as the secondhand smoke and tobacco product control ordinance of Contra Costa County. (Ords. 2006-66 § 4, 98-43 § 2, 91-44 § 2) 445-2.004 Purpose. The purposes of this division are to protect the public health, safety and welfare against the health hazards and harmful effects of the use of addictive tobacco products; and further to maintain a balance between the desires of persons who smoke and the need of nonsmokers to breathe smoke-free air, while recognizing that where these conflict, the need to breathe smoke- free air shall have priority. (Ords. 2006-66 § 4, 98-43 § 2, 91-44 § 2) 445-2.006 Definitions. For the purposes of this division, the following words and phrases have the following meanings: (a) “Characterizing flavor” means a distinguishable taste or aroma imparted by a tobacco product or any byproduct produced by the tobacco product that is perceivable by an ordinary consumer by either the sense of taste or smell, other than the taste or aroma of tobacco. A “characterizing flavor” includes, but is not limited to, a taste or aroma relating to a fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, menthol, mint, wintergreen, herb, or spice. (b) “Cigar” means any roll of tobacco other than a cigarette wrapped entirely or in part in tobacco or any substance containing tobacco and weighing more than three pounds per thousand. (c) “Constituent” means any ingredient, substance, chemical, or compound, other than tobacco, water, or reconstituted tobacco sheet, that is added by the manufacturer to a tobacco product during the processing, manufacture, or packing of the tobacco product. (d) “Consumer” means a person who purchases a tobacco product for consumption and not for sale to another. ORDINANCE NO. 2017-01 REDLINE VERSION 2 (e) “Electronic smoking device” means an electronic device that can be used to deliver an inhaled dose of nicotine, or other substances. An “electronic smoking device” includes a device that is manufactured, distributed, marketed, or sold as an electronic cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah, a vape pen, or a vapor pen. (f) “Enclosed” means all space between a floor and ceiling where the space is closed in on all sides by solid walls or windows that extend from the floor to the ceiling. An enclosed space may have openings for ingress and egress, such as doorways or passageways. An enclosed space includes all areas within that space, such as hallways and areas screened by partitions that do not extend to the ceiling or are not solid. (g) “Flavored tobacco product” means any tobacco product, other than cigarettes as defined by federal law, that contains a constituent that imparts a characterizing flavor. A tobacco product whose labeling or packaging contains text or an image indicating that the product imparts a characterizing flavor is presumed to be a flavored tobacco product. (h) “Little cigar” means any roll of tobacco other than a cigarette wrapped entirely or in part in tobacco or any substance containing tobacco and weighing no more than three pounds per thousand. “Little cigar” includes, but is not limited to, any tobacco product known or labeled as “small cigar” or “little cigar.” (i) “Package” or “packaging” means a pack, box, carton, or container of any kind, or any wrapping, in which a tobacco product is sold or offered for sale to a consumer. (j) “Menthol cigarettes” means cigarettes as defined by federal law, that have a characterizing flavor of menthol, mint, or wintergreen, including cigarettes advertised, labeled, or described by the manufacturer as possessing a menthol characterizing flavor. (k) “Multi-unit residence” means a building that contains two or more dwelling units, including but not limited to apartments, condominiums, senior citizen housing, nursing homes, and single room occupancy hotels. A primary residence with an attached or detached second accessory dwelling unit permitted pursuant to Chapter 82-24 of this code is not a multi-unit residence for purposes of this division. (l) “Multi-unit residence common area” means any indoor or outdoor area of a multi-unit residence accessible to and usable by residents of different dwelling units, including but not limited to halls, lobbies, laundry rooms, common cooking areas, stairwells, outdoor eating areas, play areas, swimming pools, and carports. (m) “Place of employment” means any area under the control of an employer, business, or nonprofit entity that an employee, volunteer, or the public may have cause to enter in ORDINANCE NO. 2017-01 REDLINE VERSION 3 the normal course of operations, regardless of the hours of operation. Places of employment include, but are not limited to: indoor work areas; bars; restaurants; at least 80 percent of the guest rooms in any hotel and motel; vehicles used for business purposes; taxis; employee lounges and breakrooms; conference and banquet rooms; bingo and gaming facilities; long-term health care facilities; warehouses; retail or wholesale tobacco shops; and private residences used as licensed child-care or health- care facilities when employees, children or patients are present and during business hours. The places specified in subdivisions (de)(1), (2), (3), (4), (6), and (7), (8), (11), (12), (13) and (14) of Labor Code section 6404.5 are places of employment for purposes of this division and are regulated as specified in this division. The places specified in subdivisions (de)(3), (4), and (5), (9), and (10) of Labor Code section 6404.5 are not places of employment for purposes of this division. (n) “Public place” means any area to which the public is invited or in which the public is permitted. A private residence is not a public place. (o) “Self-service display” means the open display or storage of tobacco products or tobacco paraphernalia in a manner that is physically accessible in any way to the general public without the assistance of a the retailer or employee of the retailer. A vending machine is a form of self-service display. (p) “Service area” means any area designed to be or regularly used by one or more persons to receive or wait to receive a service, enter a public place, or make a transaction, whether or not the service involves the exchange of money. “Service areas” include but are not limited to automatic teller machine waiting areas, bank teller windows, ticket lines, bus stops and taxi stands. (q) “Smoke” means the gases, particles, or vapors released into the air as a result of combustion, electrical ignition, or vaporization of a tobacco product, when the apparent or usual purpose of the combustion, electrical ignition, or vaporization is human inhalation of the tobacco productbyproduct, except when the combusting or vaporizing material contains no tobacco or nicotine or illegal substances, and the purpose of inhalation is solely olfactory, such as, for example, smoke from incense. The term “smoke” includes, but is not limited to, tobacco smoke, electronic smoking device cigarette vapors, and marijuana smoke, and smoke from any illegal substance. "Smoke" excludes incense or similar products inhaled solely for olfactory purposes as long as those products do not contain tobacco or nicotine. (r) “Smoking” means engaging in an act that generates smoke. "Smoking" includes inhaling, exhaling, burning, possessing, holding, or carrying any lighted, heated, or ignited cigar, lighted cigarette, cigarillo, lighted pipe, lighted hookah pipe, operating electronic cigarettesmoking device, or any plant product intended for human inhalationother smoke inhalation device of any kind. "Smoking" includes smoking marijuana for medical purposes. ORDINANCE NO. 2017-01 REDLINE VERSION 4 (s) “Tobacco paraphernalia” means any item designed or marketed for the consumption, use, or preparation of tobacco products. (t) “Tobacco product” means any of the following: (1) Any substance product containing, made from, or derived from tobacco leafor nicotine that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including but not limited to cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, hookah tobacco,and snuff, chewing tobacco, dipping tobacco, bidis, blunts, clove cigarettes, or any other preparation of tobacco. (2) Any electronic smoking device. Any product or formulation of matter containing biologically active amounts of nicotine that is manufactured, sold, offered for sale, or otherwise distributed with the expectation that the product or matter will be introduced into the human body, including but not limited to electronic cigarettes. (3) Any component, part, or accessory of a tobacco product, whether or not it is sold separately. (4) The term “Tobacco product” does not include any product that has been specifically approved by the United States Food and Drug Administration for sale as a tobacco cessation product or for other therapeutic purposes where the product is marketed and sold solely for that approved purposeuse in treating nicotine dependence or tobacco dependence. (u) “Tobacco retailer” means any individual or entity who sells, offers for sale, or exchanges or offers to exchange for any form of consideration, tobacco, tobacco products, or tobacco paraphernalia. “Tobacco retailing” means the doing of any of these things. This definition is without regard to the quantity of tobacco products or tobacco paraphernalia sold, offered for sale, exchanged, or offered for exchange. (Ords. 2017-01 § 2, 2013-10 § II, 4-9-13, 2010-10 § II, 10-12-10, 2006-66 § 4, 98-43 § 2, 91-44 § 2). (Ord. No. 2013-10, § II, 4-9-13; Ord. No. 2010-10, § II, 10-12-10; Ords. 2006-66 § 4, 98-43 § 2, 91-44 § 2) Chapter 445-4 SECONDHAND SMOKE 445-4.002 County facilities. (a) Smoking is prohibited in all buildings, vehicles, and other enclosed areas occupied by county employees, owned or leased by the county, or otherwise operated by the county. ORDINANCE NO. 2017-01 REDLINE VERSION 5 (b) Smoking is prohibited in all outdoor areas owned or leased by the county, including parking lots, the grounds of the county's hospital and health clinics, and the grounds of all other buildings owned or leased by the county. (c) Smoking is prohibited on the grounds of the county's jails and county juvenile system facilities to the extent allowed by law. (Ord. No. 2014-06, § II, 6-17-14; Ords. 2006-66 § 5, 91-44 § 2) 445-4.004 Prohibition of smoking. Smoking is prohibited in the following places within the unincorporated area of Contra Costa County: (a) Enclosed places of employment. (b) Enclosed public places. (c) Service areas. (d) All areas within twenty feet of doors, windows, air ducts and ventilation systems of enclosed places of employment, except while passing on the way to another destination. (e) All areas within twenty feet of doors, windows, air ducts and ventilation systems of enclosed public places, except while passing on the way to another destination. (f) The following outdoor areas: (1) Outdoor dining areas at bars and restaurants. (2) Outdoor lounges and outdoor dining areas at places of employment. (3) Public trails and public parks. (4) Public event venues. (g) All multi-unit residence common areas, except that a landlord may designate a portion of an outdoor common area as a smoking area. A designated smoking area of an outdoor common area of a multi-unit residence must not overlap with any area where smoking is otherwise prohibited by local, state, or federal law; must be located at least twenty-five feet in all directions from non-smoking areas; must not include areas used primarily by children; must be no more than twenty-five percent of the total outdoor common area; must have a clearly marked perimeter; and must be identified by conspicuous signs. (h) All areas within twenty feet of doors, windows, air ducts and ventilation systems of multi-unit residences, except while passing on the way to another destination. (i) All outdoor balconies, porches, decks, patios, and carports of multi-unit residences. (j) All dwelling units in any new multi-unit residence that receives a building permit on or after January 1, 2011. (Ord. No. 2010-10, § III, 10-12-10; Ords. 2006-66 § 5, 91-44 § 2) ORDINANCE NO. 2017-01 REDLINE VERSION 6 445-4.006 Exceptions. (a) Smoking is permitted at any location within the county unless otherwise prohibited by this code or by state or federal law. (b) Smoking is permitted in up to twenty percent of guest rooms in any hotel or motel, as long as the hotel or motel permanently designates at least eighty percent of its guest rooms as nonsmoking rooms, appropriately signs nonsmoking rooms, and permanently removes ashtrays from these rooms. Smoking rooms shall be segregated from nonsmoking rooms on separate floors, wings or portions of either. Smoking rooms and nonsmoking rooms shall not be interspersed. Nothing in this division requires a hotel or motel to provide smoking rooms and the owner or operator of a hotel or motel may choose to prohibit smoking throughout the property. (Ord. No. 2010-10, § IV, 10-12-10; Ords. 2006-66 § 5, 91-44 § 2) 445-4.008 Posting requirements. (a) "Smoking" or "No Smoking" signs, whichever are appropriate, with letters of not less than one inch in height, or the international "No Smoking" symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it), shall be conspicuously posted in every building or other place where smoking is regulated by this division by the owner, operator, manager or other person having control of the building or other place. (b) Every hotel or motel regulated by this division shall post at its entrance a sign clearly stating that nonsmoking rooms are available, and every patron shall be asked as to his or her preference. (Ords. 2006-66 § 5, 91-44 § 2) 445-4.010 Ashtray placement. No ashtray or other receptacle used for disposing of smoking materials may be placed at any location where smoking is prohibited by this division or otherwise prohibited by law. (Ord. No. 2009-26, § II, 10-20-09) 445-4.012 Disclosure of non-smoking residential units. In a multi-unit residence where units are rented or leased to tenants, the owner and manager of the residence shall do all of the following: (a) Maintain and keep on file at the premises: (1) a list of all designated non-smoking units at the residence; and (2) a floor plan of the residence that identifies the location of all designated non-smoking units, any units where smoking is permitted, and any designated outdoor smoking areas. ORDINANCE NO. 2017-01 REDLINE VERSION 7 (b) Disclose whether a policy for handling smoking complaints is in effect at the multi-unit residence, and if so, the terms of that policy. (c) Provide a copy of the list and floor plan, and a copy of any policy for addressing smoking complaints in effect at a multi-unit residence, to each tenant along with every new lease or rental agreement for the occupancy of a unit in a multi-unit residence. (Ord. No. 2009-26, § III, 10-20-09) 445-4.014 Required lease terms. (a) Commencing January 1, 2011, every lease and other rental agreement for the occupancy of a dwelling unit in a multi-unit residence that is entered into, renewed, or continued month-to-month must include the terms specified in subsection (b) of this section on the earliest possible date allowed by law after providing any required legal notice. (b) Required Terms. (1) For any multi-unit residence where the landlord has designated separate smoking and non-smoking dwelling units, a clause stating that smoking is prohibited in all dwelling units that have been designated as non-smoking units must be included in the written agreements specified in subsection (a) of this section. (2) For any multi-unit residence where the landlord has prohibited smoking in all dwelling units, a clause stating that smoking is prohibited in all dwelling units must be included in the written agreements specified in subsection (a) of this section. (3) For any new multi-unit residence that receives a building permit on or after January 1, 2011, a clause stating that smoking is prohibited in all dwelling units must be included in the written agreements specified in subsection (a) of this section. (4) A clause stating that it is a material breach of the lease or rental agreement to: (i) violate any law regarding smoking while on the premises; (ii) smoke in a non- smoking dwelling unit; or (iii) smoke in any multi-unit residence common area where smoking is prohibited, must be included in the written agreements specified in subsection (a) of this section. (c) The California Apartment Association's Form 34.0, revised January 2010 and as amended from time to time, may be used to comply with this section. (d) A landlord's failure to enforce any smoking regulation of a lease or agreement on one or more occasions does not constitute a waiver of the lease or agreement provisions required by this section and does not prevent future enforcement of the lease or agreement provisions required by this section. (e) A landlord is not liable under this chapter to any person for a tenant's breach of smoking regulations if: (1) The landlord has fully complied with all provisions of this chapter, and ORDINANCE NO. 2017-01 REDLINE VERSION 8 (2) Upon receiving a signed written complaint regarding prohibited smoking, the landlord provides a warning to the offending tenant, stating that the tenant may be evicted if another complaint is received. Upon receiving a second signed, written complaint against the offending tenant, the landlord may evict the tenant, but is not liable for the failure to do so. (Ord. No. 2010-10, § V, 10-12-10) Chapter 445-6 TOBACCO PRODUCTSSALES 445-6.002 Self-service displays. (a) It is unlawful for any person or tobacco retailer to sell, permit to be sold, offer for sale, or display for sale any tobacco product or tobacco paraphernalia by means of self-service display, vending machine, rack, counter-top or shelf that allows self-service sales for any tobacco product or tobacco paraphernalia. (b) All tobacco products and tobacco paraphernalia shall be offered for sale exclusively by means of vendor or employee assistance. Tobacco products and tobacco paraphernalia shall be kept in a locked case that requires employee assistance to retrieve the tobacco products or tobacco paraphernalia. (Ords. 2006-66 § 6, 98-43 § 2). 445-6.004 Distribution of free samples and coupons. It is unlawful for any person, agent, or employee of a person in the business of selling or distributing cigarettes or other tobacco or smoking products to distribute, or direct, authorize, or permit any agent or employee to distribute, any of the following to any person on any public street or sidewalk or in any public park or playground or on any other public ground or in any public building: (a) Any tobacco product; (b) Coupons, certificates, or other written material that may be redeemed for tobacco products without charge. (Ords. 2006-66 § 6, 91-44 § 2) 445-6.006 Flavored tobacco products and menthol cigarettes. It is a violation of this division for any tobacco retailer to sell or offer for sale any flavored tobacco product or menthol cigarettes within 1,000 feet of any parcel occupied by a public or private school, playground, park, or library. For the purposes of this section, distance is measured by the shortest line connecting any point on the property line of the parcel where the tobacco retailer operates to any point on the property line of the other parcel. ORDINANCE NO. 2017-01 REDLINE VERSION 9 (Ord. 2017-01 § 4). 445-6.008 Packaging and labeling. No tobacco retailer may sell any tobacco product to any consumer unless that product is sold in the original manufacturer’s packaging intended for sale to consumers and conforms to all applicable federal labeling requirements. (Ord. 2017-01 § 5). 445-6.010 Minimum package size for little cigars and cigars. No tobacco retailer may sell to a consumer any of the following: (a) Any little cigar unless it is sold in a package of at least ten little cigars. (b) Any cigar unless it is sold in a package of at least ten cigars. This subsection does not apply to a cigar that has a price of at least $5 per cigar, including all applicable taxes and fees. (Ord. 2017-01 § 6). 445-6.012 Identification required. No tobacco retailer may sell or transfer a tobacco product or tobacco paraphernalia to a person who reasonably appears to be under the age of 27 years without first examining the identification of the recipient to confirm that the recipient is at least the minimum age under state law to purchase the tobacco product or tobacco paraphernalia. (Ord. 2017-01 § 7). Chapter 445-8 ENFORCEMENT 445-8.002 Compliance. (a) A person may not smoke in any place where smoking is prohibited by this division. (b) A person who owns, manages, operates or otherwise controls the use of any place where smoking is prohibited by this division may not knowingly or intentionally permit smoking in those places. For purposes of this subsection, a person has acted knowingly or intentionally if he or she has not taken the following actions to prevent smoking by another person: (1) requested that a person who is smoking refrain from smoking; and (2) requested that a person who is smoking leave the place if the person refuses to stop smoking after being asked to stop. This section does not require physically ejecting a ORDINANCE NO. 2017-01 REDLINE VERSION 10 person from a place or taking steps to prevent smoking under circumstances that would involve risk of physical harm. (c) The presence or absence of the signs required by Section 445-4.008 is not a defense to the violation of any other provision of this division. (Ords. 2009-26, § IV, 10-20-09, 2006-66 § 7, 91-44 § 2) 445-8.004 Remedies. The county may seek compliance with this division by any remedy allowed under this code, including but not limited to administrative fines (Chapter 14-12), infraction citations (Section 14- 8.008), and any other remedy allowed by law. (Ords. 2006-66 § 7, 2003-01 § 4, 98-43 § 2, 91-44 § 2) 445-8.006 Initiation of enforcement. Any person may initiate enforcement of this division by notifying the director of health services or his or her designee of any violation. (Ords. 2006-66 § 7, 91-44 § 2) 445-8.008 Liability. For purposes of determining liability of persons, firms, corporations, or controlling franchises with business operations in multiple locations, each individual business location shall be deemed a separate entity. (Ords. 2006-66 § 7, 2003-01 § 4, 98-43 § 2). 445-8.010 No retaliation. No person shall retaliate against any employee or applicant for employment because the employee or applicant exercises any rights afforded by this division. (Ords. 2006-66 § 7, 91-44 § 2) 445-8.012 Other applicable laws. This division shall not be interpreted or construed to permit smoking where it is otherwise restricted by other applicable laws. (Ords. 2006-66 § 7, 91-44 § 2) ORDINANCE NO. 2017-01 REDLINE VERSION 11 Chapter 445-10 TOBACCO RETAILER'S LICENSE 445-10.002 License requirement. (a) It is unlawful for any retailer, individual, or entity to sell or offer for sale any tobacco products conduct tobacco retailing in the unincorporated area of the county without first obtaining and maintaining a valid tobacco retailer’s license from Contra Costa County for each location where these sales are tobacco retailing is conducted. Tobacco retailing by persons on foot and tobacco retailing from vehicles are prohibited. Each day that tobacco products are offered for sale by a tobacco retailer without a tobacco retailer's license is a separate violation. (b) No tobacco retailer’s license will be issued that: (1) Authorizes tobacco retailing at any location other than a fixed location. Tobacco retailing by persons on foot and tobacco retailing from vehicles are prohibited. (2) Authorizes tobacco retailing in a pharmacy. (3) Results in the total number of tobacco retailer’s licenses in the unincorporated area of the county exceeding 90. (c) Each day that tobacco products are offered for sale by a tobacco retailer without a tobacco retailer’s license is a separate violation. (Ords. 2017-01 § 8, 2003-01 § 3, 98-50 § 2). (Ords. 2003-01 § 3, 98-50 § 2). 445-10.004 Enforcement of state law. If a clerk or employee sells a tobacco product or tobacco paraphernalia to a minorany person under the age of 21, the retailer shall immediately notify the appropriate local law enforcement agency of the violation of Penal Code Section 308 for enforcement under that statute. (Ords. 2017-01 § 9, 2003-01 § 3, 98-50 § 2). (Ords. 2003-01 § 3, 98-50 § 2). 445-10.006 Definitions. For purposes of this chapter, the following words and phrases have the following meanings: (a) “Director” means the director of Contra Costa health services or his or her designee. ORDINANCE NO. 2017-01 REDLINE VERSION 12 (b) “Drug paraphernalia” has the meaning set forth in California Health & Safety Code section 11014.5. (c) “Licensee” means a tobacco retailer who has been issued a tobacco retailer's license in accordance with Section 445-10.010. (d) “Pharmacy” means any retail establishment where the profession of pharmacy is practiced by a pharmacist licensed by the State of California under the Business and Professions Code and where prescription pharmaceuticals are offered for sale, regardless of whether the retail establishment sells other retail goods in addition to prescription pharmaceuticals. (e) “Public health director” means the public health director of Contra Costa County. (f) “Tax collector” means the treasurer-tax collector of Contra Costa County. (g) “Tobacco retailer” has the definition set forth in Section 445-2.006means any retailer, individual, or entity who sells or offers for sale any tobacco products in the unincorporated area of the county. (Ords. 2017-01 § 10, 2003-01 § 3, 98-50 § 2). (Ords. 2003-01 § 3, 98-50 § 2). 445-10.008 Application, issuance and renewal procedure. (a) Application. An application for a tobacco retailer's license shall be submitted to the tax collector in the name of the retailer, individual, or entity proposing to conduct retail tobacco sales on the business premises. The application shall be signed by the retailer, individual or entity or agent with written authority to act for same. All applications shall be submitted on a form available from the tax collector and shall contain the following information: (1) The name, address, and telephone number of the applicant; (2) The business name, address, and telephone number of each establishment where tobacco is to be sold. (b) Issuance and Renewal. All tobacco retailer's licenses will be issued and due for renewal effective July 1st and will expire on the subsequent June 30. Licensees must apply for renewal before the tobacco retailer's license expires. Applicants for renewal must follow the application procedures set forth in subdivision (a). (Ords. 2003-01 § 3, 98-50 § 2). 445-10.010 Issuance, display, and transfer of license. ORDINANCE NO. 2017-01 REDLINE VERSION 13 (a) Upon receipt of a completed application for a tobacco retailer's license, including payment of a fee pursuant to Section 445-10.012, the tax collector will issue a tobacco retailer's license, unless any of the following grounds for denial exist: (1) The application is incomplete or inaccurate; (2) The application seeks authorization for tobacco retailing by a person or location for which a suspension is in effect under Section 445-10.018; (3) The application seeks authorization for tobacco retailing that is an unlawful use of land, building or structure contrary to Divisions 82 or 84 of this code. (4) Failure to pay an outstanding fine. (b) Each licensee must prominently display the tobacco retailer's license at the location where tobacco retail sales are conducted. (c) The tobacco retailer's license is nontransferable. If there is a change in location, a new tobacco retailer's license will be issued for the new address upon receipt of an application for change of location. The new tobacco retailer's license will retain the same expiration date as the previous one. (Ords. 2003-01 § 3, 98-50 § 2). 445-10.012 License fee. A tobacco retailer's license will not be issued unless a fee is paid. The fee for a tobacco retailer's license shall reflect the reasonable cost of providing services necessary to the licensing activities of this chapter. The fees prescribed by this section are regulatory permit fees and do not constitute a tax for revenue purposes. The fee shall be in the amount established annually by the board of supervisors in the Contra Costa County health services department's fee schedule. (Ords. 2003-01 § 3, 98-50 § 2). 445-10.014 Business license. If a tobacco retailer's license is denied, revoked, or suspended pursuant to this chapter, the holder of a valid business license issued pursuant to Chapter 64-14 of this code may nevertheless carry on all lawful aspects of his or her business, other than the sale or offering for sale of tobacco products, unless otherwise prohibited. (Ords. 2003-01 § 3, 98-50 § 2). 445-10.016 License revocation. (a) Grounds for Revocation. A tobacco retailer's license may be revoked on any of the following grounds: ORDINANCE NO. 2017-01 REDLINE VERSION 14 (1) One or more of the grounds for denial of a tobacco retailer's license under Section 445-10.010 existed either when a license application was made or before the tobacco retailer's license was issued; (2) The tobacco retailer's license fee is unpaid; (3) The tobacco retailer's license has been transferred in violation of Section 445- 10.010. (b) Notice of Revocation Hearing. If any grounds for revocation exist, the director may issue a notice of revocation hearing. A notice of revocation hearing will be served to a tobacco retailer as specified in Section 445-10.022 and will include all of the following information: (1) The address or a definite description of the location where the tobacco retailer's license is issued; (2) The grounds for revocation; (3) The date of the revocation hearing before the public health director. The notice of revocation hearing will set the hearing date no sooner than twenty days and no later than forty-five days following the date the notice of revocation hearing is served. (c) Revocation Hearing. A tobacco retailer's license may be revoked by the public health director after a tobacco retailer's license revocation hearing. At the hearing, the licensee will be given the opportunity to testify and to present evidence concerning the grounds set forth in the notice of revocation hearing. After considering the testimony and evidence submitted at the hearing, the public health director will issue a written decision to revoke or not revoke the license and will list in the decision the reason or reasons for that decision. The written decision will be served as specified in Section 445-10.022. A revocation is without prejudice to the filing of a new application for a tobacco retailer's license. (d) Revocation Appeal. The decision of the public health director to revoke a tobacco retailer's license is appealable to the board of supervisors and will be heard at a noticed public hearing as provided in Chapter 14-4 of this code. (e) Final Order. The tobacco retailer's license revocation becomes a final administrative order at one of the following times: (1) On the date of the revocation hearing, if a tobacco retailer fails to appear at a scheduled revocation hearing; (2) On the date the public health director's decision is served, if a tobacco retailer fails to file a written appeal to the board of supervisors within the time specified; (3) On the date of the appeal hearing, if a tobacco retailer fails to appear at a scheduled appeal hearing before the board of supervisors; (4) On the date of the decision by the board of supervisors, if a tobacco retailer appears at a scheduled appeal hearing before the board of supervisors. ORDINANCE NO. 2017-01 REDLINE VERSION 15 (Ords. 2003-01 § 3, 98-50 § 2). 445-10.018 License suspension. (a) Grounds for Suspension. A tobacco retailer's license may be suspended for any violation of this division, Division 440 of this code, or any state or federal tobacco-related laws, any state or federal law regulating controlled substances or drug paraphernalia, or any state or local law regulating advertising and signage on retailer’s window space. (b) Notice of Suspension Hearing. If any grounds for suspension exist, the director may issue a notice of suspension hearing. The notice of suspension hearing will be served to a tobacco retailer as specified in Section 445-10.022 and will include all of the following information: (1) The date of the violation; (2) The address or other description of the location where the violation occurred; (3) The code section(s) violated, or applicable state or federal law violated, and a description of the violation; (4) The time period of the tobacco retailer's license suspension; (5) The date of the suspension hearing before the public health director. The notice of suspension hearing will set the hearing date no sooner than twenty days and no later than forty-five days following the date the notice of suspension hearing is served. (c) Suspension Hearing. A tobacco retailer's license may be suspended by the public health director after a tobacco retailer's license suspension hearing. At the hearing, the licensee will be given the opportunity to testify and to present evidence concerning the notice of suspension hearing. After considering the testimony and evidence submitted at the hearing, the public health director will issue a written decision to suspend or not suspend the tobacco retailer's license. The public health director will list in the decision the reason or reasons for the decision and will list the time period of the tobacco retailer's license suspension, if applicable. The written decision will be served as specified in Section 445- 10.022. (d) Time Period of License Suspension. (1) A tobacco retailer's license may be suspended for up to 30 days for a first violation; (2) A tobacco retailer's license may be suspended for up to 90 days for a second violation that occurs within twenty-four months of five years after the first violation; (3) A tobacco retailer's license may be suspended for up to one year for a third violation and for each subsequent violation that occurs within twenty-four months of the most recent prior determinationfive years after the first violation. ORDINANCE NO. 2017-01 REDLINE VERSION 16 (e) Suspension Appeal. The decision of the public health director to suspend a tobacco retailer's license is appealable to the board of supervisors and will be heard at a noticed public hearing as provided in Chapter 14-4 of this code. (f) Final Order. The tobacco retailer's license suspension becomes a final administrative order at one of the following times: (1) On the date of the suspension hearing, if a tobacco retailer fails to appear at a scheduled suspension hearing; (2) On the date the public health director's decision is served, if a tobacco retailer fails to file a written appeal to the board of supervisors within the time specified; (3) On the date of the appeal hearing, if a tobacco retailer fails to appear at a scheduled appeal hearing before the board of supervisors; (4) On the date of the decision by the board of supervisors, if a tobacco retailer appears at a scheduled appeal hearing before the board of supervisors. (g) During a period of license suspension, the tobacco retailer must remove from public view all tobacco products. (Ords. 2017-01 § 11, 2003-01 § 3, 98-50 § 2). (Ords. 2003-01 § 3, 98-50 § 2). 445-10.020 Enforcement. The county may seek compliance with this chapter by any remedy allowed under this code, including, but not limited to, revocation (Section 445-10.016), suspension (Section 445-10.018), administrative fines (Chapter 14-12), criminal citations (Section 14-8.008), and any other remedy allowed by law. (Ords. 2003-01 § 3, 98-50 § 2). 445-10.022 Service. All notices or decisions required to be served by this chapter will be served either by the method specified in subsection (a) or by the method specified in subsection (b). The failure of a person to receive a properly addressed service shall not affect the validity of the proceedings. (a) Certified mail. Certified mail will be addressed to the tobacco retailer at the address shown on the license application. Service is deemed complete upon the deposit of the notice or decision, postage pre-paid, in the United States mail. Simultaneously, the same notice or decision may be sent by regular mail. If a notice or decision sent by certified mail is returned unsigned, then service is deemed effective pursuant to regular mail on the date mailed. (b) Personal service. Personal service is deemed complete on the date the notice or decision is personally served. ORDINANCE NO. 2017-01 REDLINE VERSION 17 (Ords. 2003-01 § 3, 98-50 § 2). 445-10.024 Display and advertisement without license. (a) A tobacco retailer without a valid tobacco retailer’s license, including a tobacco retailer whose license has been suspended or revoked, shall keep all tobacco products and tobacco paraphernalia out of public view. The public display of tobacco products or tobacco paraphernalia while a license is suspended or revoked is a violation of Section 445-10.002. (b) A tobacco retailer without a valid tobacco retailer’s license, including a tobacco retailer whose license has been suspended or revoked, may not display any advertisement relating to tobacco products or tobacco paraphernalia that promotes the sale or distribution of these products from the tobacco retailer’s location or that could lead a reasonable consumer to believe that these products can be obtained at that location. (Ord. 2017-01 § 12). SUMMARY OF PROVISONS UNDER ORDINANCE NO. 2017-01, TOBACCO PRODUCT AND RETAIL SALES CONTROL, AND ORDINANCE NO. 2017-10, TOBACCO RETAILING BUSINESSES Contra Costa Health Services, Public Health Division For Presentation to the Contra Costa Board of Supervisors, July 11, 2017 Tobacco Product and Retail Sales Control Ordinance (Ordinance No. 2017-01) Provision Description CA Jurisdictions with Similar Protection a. Require a Tobacco Retailer License for all retailers selling traditional and/or emerging tobacco products. Revises definition of “Tobacco Product” to include all “emerging products” including all electronic smoking devices (whether or not they contain nicotine). The new definition covers all electronic devices that can be used to deliver a dose of nicotine or other substances, and all components, parts or accessory of a “tobacco product”. El Cerrito, Richmond, Albany, Oakland, San Jose and Santa Clara County for a total of close to 100 jurisdictions in CA. b. Prohibit the sale of flavored (non- cigarette) tobacco products Prohibits the sale of flavored (non-cigarette) tobacco products within 1,000 feet of schools, parks, playgrounds, and libraries. The Food and Drug Administration has banned candy, fruit and spice as characterizing flavors for cigarettes only. Other tobacco products (smokeless, little cigars, hookah tobacco, and dissolvable tobacco products) with these flavors are exempt from the federal ban. El Cerrito (citywide), San Francisco (citywide), Los Gatos (citywide, except adult-only shops), Santa Clara County (countywide, except adult-only shops), Novato (citywide), Yolo County (countywide), Berkeley (within 600 feet of schools), Hayward (within 500 feet of schools), and Manhattan Beach (citywide, except adult-only shops). c. Prohibit the sale of menthol flavored cigarettes Prohibits the sale of menthol flavored cigarettes within 1,000 feet of schools, parks, playgrounds, and libraries. The Food and Drug Administration has exempted “menthol” flavor from its ban on “characterizing flavors” in cigarettes. Yolo County (county-wide). Santa Clara County (County-wide, except adult-only shops), San Francisco (citywide), Los Gatos (citywide, except adult-only shops), Berkeley (within 600 feet of schools), West Hollywood (within 600 feet of youth oriented areas), and Chicago (within 500 feet of high schools). d. Require minimum pack size for cigars Require minimum pack size of 10 (current regulation for cigarettes is 20). Although federal and state law ban the sale of individual cigarettes, neither restrict the sale of individual cigars, including cigarillos and little cigars that are the same size as cigarettes. Exempts premium cigars that cost $5 or more. The ordinance prohibits the sale of a tobacco product unless the product is in the original manufacturer’s packaging and conforms to all applicable federal labeling requirements. El Cerrito, Hayward, Sonoma, Huntington Park, Gardena, Union City. e. Require tobacco retailers to check ID of customers who appear younger than 27 Requires retailers to check the age of purchasers who appear to be under the age of 27. This measure helps insure that tobacco is not sold to youth and is even more relevant since the State advanced the legal age to purchase tobacco from 18 to 21 years of age. Concord, Richmond, Albany, Oakland, Santa Clara (age 30) plus 35 other jurisdictions f. Prohibit sale of tobacco products in pharmacies Prohibits the sale of tobacco products in pharmacies, consistent with the public’s perception of pharmacies as a place to go for health-related service and advice. Of the 9 pharmacies in the unincorporated county, 3 have already made corporate decisions to not sell tobacco products (2 CVS stores & Park Rexall). Richmond, San Francisco, Santa Clara County, Sonoma County, Berkeley, Healdsburg, Daly City, Hollister, Marin County, Novato. g. Limit or “cap” the number of retailers that can sell tobacco products. This density measure limits the total number of County Tobacco Retailer Licenses that are issued to the current number of licenses. Sonoma, Orville, Lynwood, Huntington Park, San Francisco h. Require tobacco retailers to comply with drug paraphernalia sales laws Makes violations of state laws regarding drug paraphernalia or controlled substances a violation of a tobacco retailer license. Definition of what constitutes drug paraphernalia will be consistent with state law. Oakland, Richmond, Union City plus 8 other cities and counties (Firebaugh, Grass Valley, Huntington Park, Montebello, Parlier, Riverbank, Santa Cruz County, and Watsonville) (as of June, 2012) i. Require tobacco retailers to comply with storefront signage laws Allows for suspension of retailer’s license if a retailer violates the state law or local law setting a maximum percentage of window space that can be covered by signs at retail locations. These laws exist for safety purposes, as they provide for more visibility into stores for law enforcement. This provides a means to bring retailers into compliance with health and safety laws. Santa Clara County and Yolo County. j. Expand time period reviewed for prior violations of license Expands time period reviewed for prior violations of license from 24 months (2 years) to 60 months (5 years) when considering length of license suspension. Berkeley, El Cerrito, Richmond, Albany, Oakland plus 64 other jurisdictions k. Remove tobacco advertising during license suspension Requires retailers to remove or cover all tobacco product-related advertising, in addition to tobacco products, during the period that their tobacco retailer license is suspended. Berkeley (remove products), Richmond, Concord, Albany, Oakland, Pacifica, Santa Clara plus 56 other jurisdictions Tobacco Retailing Businesses (Ordinance No. 2017-10) l. Prohibit location of a new tobacco retailer near schools, parks, playgrounds and libraries. Prohibits a license to new tobacco retailers if located within a 1000 feet of a school, park, playground, or library. Existing tobacco retailing businesses that do not meet the location standards will become nonconforming uses. A nonconforming use will be allowed to continue operating under the ordinance. Near Schools and other Youth Sensitive Areas: El Cerrito, Antioch, Dublin, Hayward, Union City, Vallejo, Albany, Oakland, Marin County, and San Rafael (plus 14 other jurisdictions). Near schools only: Berkeley, San Francisco, Santa Barbara County, Sacramento, Santa Clara County, Manhattan Beach, plus 5 other jurisdictions. m. Prohibit new tobacco retailers from locating within certain proximity of other retailers Requires that no new tobacco retailers locate within a certain distance 500 feet of another tobacco retailer. Existing tobacco retailing businesses that do not meet the location standards will become nonconforming uses. A nonconforming use will be allowed to continue operating under the ordinance. El Cerrito, San Francisco, Santa Cruz, Hayward, Dublin, Santa Clara County, Union City, Vallejo, Fairfield, Saratoga, Rohnert Park, Temple City, Westminster, Selma, El Cajon n. Prohibit new “Significant Tobacco Retailers” Prohibits a new “Significant Tobacco Retailer” – a business that primarily sells tobacco products – from obtaining a tobacco retailer license. “Significant Tobacco Retailer” means any tobacco retailing business for which 20 percent or more of floor or display area is devoted to tobacco products, tobacco paraphernalia, or both. Prohibits any new ‘vape’ shops, hookah bars, or tobacco shops. El Cerrito; Huntington Park; Richmond; Carpinteria; Concord (no new hookah shops); Dublin (no vapor lounges or hookah bars); Hayward (no vapor lounges); Union City (no vapor lounges or hookah bars); and Pittsburg (moratorium on any new “smoke shops”) BOLDED jurisdictions adopted these provisions since the report to the Board of Supervisors on 5/24/16. STORES SELLING TOBACCO IN CONTRA COSTA BY UNINCORPORATED COMMUNITY, 2016 * Community Total Number of Stores Selling Tobacco Number of Stores within 1000 feet of schools, playgrounds, parks, and/or libraries Number of Stores within 500 feet of schools, playgrounds, parks, and/or libraries 1 Alamo 7 5 1 2 Bay Point 16 10 6 3 Bethel Island 3 2 2 4 Blackhawk 1 0 0 5 Byron 2 0 0 6 Contra Costa Centre 2 2 1 7 Crockett 2 2 1 8 Diablo 1 0 0 9 Discovery Bay 5 4 0 10 East Richmond Heights 1 1 0 11 El Sobrante 18 9 7 12 Kensington 4 0 0 13 Knightsen 2 0 0 14 Montalvin Manor 1 1 1 15 Mountain View 4 0 0 16 North Richmond 2 2 1 17 Pacheco 3 2 2 18 Rodeo 5 4 3 19 Saranap 3 0 0 20 Tara Hills 1 1 1 21 Vine Hill 6 3 2 Other Unincorporated 4 0 0 TOTAL Unincorporated* 93 48 28 Sources: California Board of Equalization (BoE), 1/6/16. California Department of Education (public schools 2/23/16; private schools 8/12/15). Methods: Distance calculated in ArcGIS from school parcel to store parcel and from parcels of the other youth-sensitive sites (i.e., playgrounds, parks and/or libraries) to store parcels. Contra Costa Public Health, Epidemiology, Planning & Evaluation 6/1/17. (*) NOTE: The following CDPs do not have any stores licensed by the BoE to sell tobacco: Acalanes Ridge, Alhambra Valley, Bayview, Camino Tassajara, Castle Hill, Clyde, Norris Canyon, North Gate, Port Costa, Reliez Valley, Rollingwood, San Miguel, and Shell Ridge. Main StWard StEscobar StF erry St Green StMarina Vista AveB errelles a St C astro St Talb art St Alh a m bra A ve Ric h ard s o n StBuckley StL a s J u nta s S t C o urt St Pin e St Masonic StE st u dillo S t W illo w StFoster S t J o e d i M a g g i o D r G ra n d vie w D r Driveway Susana StMellus StEmbarcadero St Henrietta StBunker StHuntington Ct B a y Vie w D r Thompson StWalkway Parking Lot Mellus StFoster StMellus StPin e St E stu dillo St 651 PINE ST 651 Pine Street, Martinez500 a nd 1,0 00 Fee t Buffers Service Layer Credits: Source: Esri,DigitalGlobe, GeoEye, EarthstarGeographics, CNES/Airbus DS, USDA,USGS, AEX, Getmapping, Aerogrid, IGN,IGP, swisstopo, and the GIS UserCommunityContra Costa Public Health, Epidemiology, Planning, and Evaluation. June 2017. Legend 500 feet buffer 500 to 1,000 feet buffer Crestmont School Mira Vista Elementary Arlington Christian School Esri, HERE, DeLorme, MapmyIndia, © OpenStreetMap contributors, and the GIS user community East Richmond HeightsStores Selling Tob acco Store Proximity to Schools, Playgrounds, Parks, and/or Libraries: Store within 500 feet (n=0) Store between 500 and 1,000 feet (n=1) Store beyond 1,000 feet (n=0)Source: California Board of Equalization, 1/6/16. California Department of Education (public schools 2/23/16; private schools 8/12/15).Contra Costa Public Health, Epidemiology, Planning, and Evaluation. June 2017. El Sobrante Library Crespi Junior H igh Bethel C hristian Academy El Sobrante Christian School Seneca Family of Agencies, Catalyst Academy Esri, HERE, DeLorme, MapmyIndia, © OpenStreetMap contributors, and the GIS user community El Sobra nteStores Selling Tob acco Store Proximity to Schools, Playgrounds, Parks, and/or Libraries: Store within 500 feet (n=7) Store between 500 and 1,000 feet (n=2) Store beyond 1,000 feet (n=9)Source: California Board of Equalization, 1/6/16. California Department of Education (public schools 2/23/16; private schools 8/12/15).Contra Costa Public Health, Epidemiology, Planning, and Evaluation. June 2017. Montalvin Park Tara Hills Elementary Montalvin Manor Elementary Spectrum Center, Inc. Tara Hills Esri, HERE, DeLorme, MapmyIndia, © OpenStreetMap contributors, and the GIS user community Montalvin Ma nor and Tara HillsStores Selling Tob acco Store Proximity to Schools, Playgrounds, Parks, and/or Libraries: Store within 500 feet (n=2) Store between 500 and 1,000 feet (n=0) Store beyond 1,000 feet (n=0)Source: California Board of Equalization, 1/6/16. California Department of Education (public schools 2/23/16; private schools 8/12/15).Contra Costa Public Health, Epidemiology, Planning, and Evaluation. June 2017. Manzanita Middle Bella Flora Park Parkway Estates Playground Verde Elementary Esri, HERE, DeLorme, MapmyIndia, © OpenStreetMap contributors, and the GIS user community North R ichmo ndStores Selling Tob acco Store Proximity to Schools, Playgrounds, Parks, and/or Libraries: Store within 500 feet (n=1) Store between 500 and 1,000 feet (n=1) Store beyond 1,000 feet (n=0)Source: California Board of Equalization, 1/6/16. California Department of Education (public schools 2/23/16; private schools 8/12/15).Contra Costa Public Health, Epidemiology, Planning, and Evaluation. June 2017. Shields-Reid Community Center & Park Main StWard StEscobar StF erry St Green StMarina Vista AveB errelles a St C astro St Talb art St Alh a m bra A ve Ric h ard s o n StBuckley StL a s J u nta s S t C o urt St Pin e St Masonic StE st u dillo S t W illo w StFoster S t J o e d i M a g g i o D r G ra n d vie w D r Driveway Susana StMellus StEmbarcadero St Henrietta StBunker StHuntington Ct B a y Vie w D r Thompson StWalkway Parking Lot Mellus StFoster StMellus StPin e St E stu dillo St 651 PINE ST 651 Pine Street, Martinez500 a nd 1,0 00 Fee t Buffers Service Layer Credits: Source: Esri,DigitalGlobe, GeoEye, EarthstarGeographics, CNES/Airbus DS, USDA,USGS, AEX, Getmapping, Aerogrid, IGN,IGP, swisstopo, and the GIS UserCommunityContra Costa Public Health, Epidemiology, Planning, and Evaluation. June 2017. Legend 500 feet buffer 500 to 1,000 feet buffer Bethel Island Community Park Esri, HERE, DeLorme, MapmyIndia, © OpenStreetMap contributors, and the GIS user community Bethel IslandStores Selling Tob acco Store Proximity to Schools, Playgrounds, Parks, and/or Libraries: Store within 500 feet (n=2) Store between 500 and 1,000 feet (n=0) Store beyond 1,000 feet (n=1)Source: California Board of Equalization, 1/6/16. California Department of Education (public schools 2/23/16; private schools 8/12/15).Contra Costa Public Health, Epidemiology, Planning, and Evaluation. June 2017. The Lakes Cornell Park Slifer Park Regatta Park Ravenswood ParkTimber Point Elementary Discovery Bay Elementary Esri, HERE, DeLorme, MapmyIndia, © OpenStreetMap contributors, and the GIS user community Discovery BayStores Selling Tob acco Store Proximity to Schools, Playgrounds, Parks, and/or Libraries: Store within 500 feet (n=0) Store between 500 and 1,000 feet (n=4) Store beyond 1,000 feet (n=1)Source: California Board of Equalization, 1/6/16. California Department of Education (public schools 2/23/16; private schools 8/12/15).Contra Costa Public Health, Epidemiology, Planning, and Evaluation. June 2017. Two stores at this location Main StWard StEscobar StF erry St Green StMarina Vista AveB errelles a St C astro St Talb art St Alh a m bra A ve Ric h ard s o n StBuckley StL a s J u nta s S t C o urt St Pin e St Masonic StE st u dillo S t W illo w StFoster S t J o e d i M a g g i o D r G ra n d vie w D r Driveway Susana StMellus StEmbarcadero St Henrietta StBunker StHuntington Ct B a y Vie w D r Thompson StWalkway Parking Lot Mellus StFoster StMellus StPin e St E stu dillo St 651 PINE ST 651 Pine Street, Martinez500 a nd 1,0 00 Fee t Buffers Service Layer Credits: Source: Esri,DigitalGlobe, GeoEye, EarthstarGeographics, CNES/Airbus DS, USDA,USGS, AEX, Getmapping, Aerogrid, IGN,IGP, swisstopo, and the GIS UserCommunityContra Costa Public Health, Epidemiology, Planning, and Evaluation. June 2017. Legend 500 feet buffer 500 to 1,000 feet buffer Walden Green Walden Green II Fox Creek Park The Seven Hills Fusion Academy--Walnut C reek Esri, HERE, DeLorme, MapmyIndia, © OpenStreetMap contributors, and the GIS user community Contra C osta C entreStores Selling Tob acco Store Proximity to Schools, Playgrounds, Parks, and/or Libraries: Store within 500 feet (n=1) Store between 500 and 1,000 feet (n=1) Store beyond 1,000 feet (n=0)Source: California Board of Equalization, 1/6/16. California Department of Education (public schools 2/23/16; private schools 8/12/15).Contra Costa Public Health, Epidemiology, Planning, and Evaluation. June 2017. RECOMMENDATION(S): (1) APPROVE the specifications for the 2017 On-Call Pipe Rehabilitation Services Contract(s) for Various Road, Flood Control, and Airport Maintenance Work, Countywide. Project No. 0672-6U2512-17 (All Districts) (2) DETERMINE that Hess Concrete Construction Co., Inc. (Hess), the lowest monetary bidder, has complied with the requirements of the County’s Outreach Program for this project, as provided in the project specifications; and the Board WAIVES any irregularities in such compliance; and FURTHER DETERMINE that Hess has submitted the lowest responsive and responsible bid for this project. (3) AWARD the on-call contract to Hess, in a not to exceed amount ($150,000.00) and the unit prices submitted in the bid ($2,136.00 Total Unit Price). (4) DIRECT that the Public Works Director, or designee, shall prepare the contract. (5) ORDER that after the contractor has signed the contract and returned it, together with any required certificates of insurance and other required documents, and the Public Works Director has reviewed and found them to be sufficient; the Public Works Director, or designee, is authorized to sign the contract for this Board. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/11/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS Contact: Kevin Emigh, 925.313.2233 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: , Deputy cc: C. 1 To:Board of Supervisors From:Julia R. Bueren, Public Works Director/Chief Engineer Date:July 11, 2017 Contra Costa County Subject:Construction Contract for the 2017 On-Call Pipe Rehab. Services Contract(s) for Various Rd, Flood Control, and Airport Maintenance Work, Countywide. RECOMMENDATION(S): (CONT'D) (6) ORDER that, the Public Works Director, or designee, is authorized to sign any escrow agreements prepared for this project to permit the direct payment of retentions into escrow or the substitution of securities for moneys withheld by the County to ensure performance under the contract, pursuant to Public Contracts Code Section 22300. (7) DELEGATE, pursuant to Public Contract Code Section 4114, to the Public Works Director, or designee, the Board’s functions under Public Contract Code Sections 4107 and 4110. (8) DECLARE that, should the award of the contract to Hess be invalidated for any reason, the Board would not in any event have awarded the contract to any other bidder, but instead would have exercised its discretion to reject all of the bids received. Nothing in this Board Order shall prevent the Board from re-awarding the contract to another bidder in cases where the successful bidder establishes a mistake, refuses to sign the contract, or fails to furnish required bonds or insurance (see Public Contract Code Sections 5100-5107). FISCAL IMPACT: The contract, for a maximum amount of $150,000, will be funded by 100% Local Road Funds. BACKGROUND: The above project was previously approved by the Board of Supervisors, specifications were filed with and approved by the Board, and bids were invited by the Public Works Director. On May 9, 2017, the Public Works Department received bids from the following contractors: BIDDER, TOTAL UNIT AMOUNT Hess Concrete Construction Co., Inc.: $2,136 Total Unit Price The Public Works Director has reported that Hess complied with the requirements of the County’s Outreach Program, with minor irregularities, as provided in the project specifications, and the Public Works Director recommends that the construction contract be awarded to Hess. The general prevailing rates of wages, which shall be the minimum rates paid on this project, have been filed with the Clerk of the Board, with copies to be made available to any party upon request. CONSEQUENCE OF NEGATIVE ACTION: The Public Works Department may be unable to complete routine road maintenance work in a timely manner. CLERK'S ADDENDUM RELISTED to a future date uncertain.  RECOMMENDATION(S): ADOPT Traffic Resolution No. 2017/4457 to prohibit parking at all times on the south side of Center Avenue (Road No. 4074A), from the east curbline of Willow Street (Road No. 3975Q) and continuing easterly for a distance of 120 feet, Pacheco area. (District V) FISCAL IMPACT: No fiscal impact. BACKGROUND: The Traffic Engineering Section received a request to restrict parking along this portion of Center Avenue from the Contra Costa County Airport Division, who indicated the long (and short) termed parked vehicles constitute an obstruction and nuisance blocking access to the fence line of Airport property. Adoption of this resolution will allow local authorities power to enforce the California Vehicle Code. CONSEQUENCE OF NEGATIVE ACTION: Parking will continue to be unrestricted on this portion of the roadway. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/11/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Monish Sen, 925.313-2187 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: California Highway Patrol, Sheriff's Department C. 2 To:Board of Supervisors From:Julia R. Bueren, Public Works Director/Chief Engineer Date:July 11, 2017 Contra Costa County Subject:Prohibit parking at all times on a portion of Center Avenue (Road No. 4074A), Pacheco Area. AGENDA ATTACHMENTS Traffic Resolution 2017/4457 MINUTES ATTACHMENTS Signed: Traffic Resolution 2017/4457 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Traffic Resolution on July 11, 2017 by the following vote: AYES: NOES: ABSENT: TRAFFIC RESOLUTION NO. 2017/4457 ABSTAIN: Supervisorial District V SUBJECT: Prohibit parking at all times on a portion of Center Avenue (Road No. 4074A), Pacheco area. The Contra Costa Board of Supervisors RESOLVES that: Based on recommendations by the County Public Works Department's Transportation Engineering Division, and pursuant to County Ordinance Code Sections 46-2.002 - 46-2.012, the following traffic regulation is established: Pursuant to Sections 22507 and 21458 of the California Vehicle Code, parking is hereby declared to be prohibited at all times on the south side of Center Avenue (Road No. 4074A), beginning from the east curbline of Willow Street (Road No. 3975Q) and extending easterly for 120 feet, Pacheco area. MS:sr Orig. Dept: Public Works (Traffic) Contact: Monish Sen, 313-2187 cc: California Highway Patrol Sheriff Department TRAFFIC RESOLUTION NO. 2017/4457 I hereby certify that this is a true and correct Copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: David Twa, Clerk of the Board of Supervisors and County Administrator By , Deputy RECOMMENDATION(S): CONTINUE the emergency action originally taken by the Board of Supervisors on March 7, 2017, pursuant to Public Contract Code Sections 22035 and 22050, to repair the Morgan Territory Road Slide Repair Project, as recommended by the Public Works Director, Clayton area. Project No. 0672-6U6203 (District III) FISCAL IMPACT: The total cost of the project is not expected to exceed $6,000,000. The project will be funded by Local Road Funds (100%). County staff is actively pursuing reimbursement through the Federal Emergency Management Agency (FEMA) as a result of the State and Federal emergency declarations. BACKGROUND: On March 7, 2017, the Board of Supervisors declared an emergency and authorized the Public Works Director to proceed in the most expeditious manner to repair Morgan Territory Road approximately 1 mile south of Marsh Creek Road. The repair work requires the installation of two structural retaining wall systems, excavation and backfill of embankment between the wall systems, reconstruction of pavement, drainage improvements, and pavement striping. Public Works Department staff completed the road repair design and requested prices for APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/11/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Kevin Emigh, 925.313-2233 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 3 To:Board of Supervisors From:Julia R. Bueren, Public Works Director/Chief Engineer Date:July 11, 2017 Contra Costa County Subject:CONTINUE the emergency action for the Morgan Territory Road Slide Repair project, Clayton area. BACKGROUND: (CONT'D) the necessary equipment, services, and supplies to perform the emergency repair project as expeditiously as possible. The resulting price quotes were received on May 23, 2017. It is expected the emergency repairs will begin by early-July and will be complete by November 2017. Public Contract Code Section 22050 requires that, for a body that meets weekly, the need to continue the emergency declaration be reviewed at least every 14 days until the local emergency is terminated. Since the conditions that warranted the emergency declaration persist, it is appropriate for the Board to continue the emergency actions regarding the hazardous conditions caused by storm damage. CONSEQUENCE OF NEGATIVE ACTION: Non-concurrence at this point in the project could cause delays in completion of the slide repairs. RECOMMENDATION(S): ADOPT Resolution No. 2017/245 accepting as complete the contracted work performed by Hess Concrete Construction Co. Inc., for the Port Chicago Highway and Willow Pass Road Bike & Pedestrian Improvements Project, as recommended by the Public Works Director, Bay Point area. Project No. 0662-6R4054, Federal Project No. CML 5928 (122) (District V) FISCAL IMPACT: Project was funded by 75% Active Transportation Program Funds, 18% Safe Routes to School Funds, and 7% Bay Point Area of Benefit Funds. BACKGROUND: The Public Works Director reports that said work has been inspected and complies with the approved plans, special provisions and standard specifications and recommends its acceptance as complete as of May 26, 2017. CONSEQUENCE OF NEGATIVE ACTION: The contractor will not be paid and acceptance notification will not be recorded. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/11/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Kevin Emigh, 925.313-2233 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 4 To:Board of Supervisors From:Julia R. Bueren, Public Works Director/Chief Engineer Date:July 11, 2017 Contra Costa County Subject:Notice of Completion of Contract for the Port Chicago Highway and Willow Pass Road Bike & Pedestrian Improvements Project, Bay Point area. AGENDA ATTACHMENTS Resolution No. 2017/245 MINUTES ATTACHMENTS Signed: Resolution No. 2017/245 Recorded at the request of:Clerk of the Board Return To:Design/Construction THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 07/11/2017 by the following vote: AYE:John Gioia, District I SupervisorCandace Andersen, District II SupervisorDiane Burgis, District III SupervisorKaren Mitchoff, District IV SupervisorFederal D. Glover, District V Supervisor NO: ABSENT: ABSTAIN: RECUSE: Resolution No. 2017/245 In the Matter of Accepting and Giving Notice of Completion of Contract for the Port Chicago Highway and Willow Pass Road Bike & Pedestrian Improvements Project, Bay Point area. Project No. 0662-6R4054, Federal Project No. CML 5928 (122) (District V) WHEREAS the Board of Supervisors RESOLVES that on May 24, 2016, the County contracted with Hess Concrete Construction Co. Inc. for the work generally consisting of removal of free right turn lane, sidewalk improvements, curb ramps, curb and gutter, pavement widening, storm drain improvements, traffic signal modifications, landscape improvements, slurry seal, and thermoplastic signing and striping in the Bay Point area, with Travelers Casualty and Surety Company of America as surety, for work performed on the grounds of the County; and The Public Works Director reports that said work has been inspected and complies with the approved plans, special provisions and standard specifications and recommends its acceptance as complete as of May 26, 2017. NOW THEREFORE, BE IT RESOLVED said work is ACCEPTED a s complete on said date, and the Clerk shall file with the County Recorder a copy of this resolution and Notice as a Notice of Completion for said contract. Contact: Kevin Emigh, 925.313-2233 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: RECOMMENDATION(S): CONTINUE the emergency action originally taken by the Board of Supervisors on February 14, 2017, pursuant to Public Contract Code Sections 22035 and 22050, to repair the Alhambra Valley Road Washout Project, as recommended by the Public Works Director, Pinole area. Project No. 0672-6U6201 (District I) FISCAL IMPACT: The total cost of the project is not expected to exceed $4,000,000. The project will be funded by Local Road Funds (100%). The project is eligible for prorated reimbursement under the state of emergency declared by Governor Brown on January 23, 2017. BACKGROUND: On February 14, 2017, the Board of Supervisors declared an emergency and authorized the Public Works Director to proceed in the most expeditious manner to repair the washed out portion of Alhambra Valley Road. The repair work requires the construction of a new bridge with wingwalls, slope protection and APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/11/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Kevin Emigh, 925.313-2233 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 5 To:Board of Supervisors From:Julia R. Bueren, Public Works Director/Chief Engineer Date:July 11, 2017 Contra Costa County Subject:CONTINUE the emergency action for the repair of the Alhambra Valley Road Washout, Pinole area. BACKGROUND: (CONT'D) roadway conform work. Public Works Department staff completed the bridge design and requested prices for the necessary equipment, services, and supplies to perform the emergency repair project as expeditiously as possible. The resulting price quotes were received on May 23, 2017. The emergency repairs began in mid-June, with completion anticipated by the end of September 2017. Public Contract Code Section 22050 requires that, for a body that meets weekly, the need to continue the emergency declaration be reviewed at least every 14 days until the local emergency is terminated. Since the conditions that warranted the emergency declaration persist, it is appropriate for the Board to continue the emergency actions regarding the hazardous conditions caused by storm damage. CONSEQUENCE OF NEGATIVE ACTION: Non-concurrence at this point in the project could cause delays in completion of the washout repairs. RECOMMENDATION(S): ADOPT Resolution No. 2017/226 ratifying the prior decision of the Public Works Director, or designee, to fully close a portion of Canyon Lake Drive, on July 4, 2017 from 4:00 p.m. through 10:00 p.m., for the purpose of the 4th of July parade and barbeque, Port Costa area. (District V) FISCAL IMPACT: No fiscal impact. BACKGROUND: Applicant shall follow guidelines set forth by the Public Works Department. CONSEQUENCE OF NEGATIVE ACTION: Applicant will not have Board approval for completed road closure. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/11/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Bob Hendry, 925. 674-7744 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 6 To:Board of Supervisors From:Julia R. Bueren, Public Works Director/Chief Engineer Date:July 11, 2017 Contra Costa County Subject:Ratify the prior decision to fully close a portion of Canyon Lake Drive for the purpose of the 4th of July parade and barbeque, Port Costa area. AGENDA ATTACHMENTS Resolution No. 2017/226 MINUTES ATTACHMENTS Signed: Resolution No. 2017/226 RECOMMENDATION(S): ADOPT Resolution No. 2017/227 approving the eighth extension of the Subdivision Agreement for subdivision SD06-09131, for a project being developed by Jasraj Sing & Tomas Baluyut, as recommended by the Public Works Director, Bay Point area. (District V) FISCAL IMPACT: No fiscal impact. BACKGROUND: The terminal date of the Subdivision Agreement needs to be extended. The developer has not completed the required improvements and has requested more time. (Approximately 95% of the work has been completed to date.) By granting an extension, the County will give the developer more time to complete his improvements and keeps the bond current. CONSEQUENCE OF NEGATIVE ACTION: The terminal date of the Subdivision Agreement will not be extended and the developer will be in default of the agreement, requiring the County to take legal action against the developer and surety to get the improvements installed, or revert the development to acreage. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/11/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Jocelyn LaRocque, 925. 313-2315 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Jocelyn LaRocque, Engineering Services, Sherri Reed, Design and Construction, Ruben Hernandez, Dept. of Conservation, T - 3/15/18, Jasraj Singh & Tomas Baluyut, Developers Surety and Indemnity C. 7 To:Board of Supervisors From:Julia R. Bueren, Public Works Director/Chief Engineer Date:July 11, 2017 Contra Costa County Subject:Approving the eighth extension of the Subdivision Agreement for subdivision SD06-09131, Bay Point area. AGENDA ATTACHMENTS Resolution No. 2017/227 Subdivision Agreement Extension SD06-09131 MINUTES ATTACHMENTS Signed: Resolution No. 2017/227 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 07/11/2017 by the following vote: AYE: John Gioia Candace Andersen Diane Burgis Karen Mitchoff Federal D. Glover NO: ABSENT: ABSTAIN: RECUSE: Resolution No. 2017/227 IN THE MATTER OF approving the eighth extension of the Subdivision Agreement for subdivision SD06-09131, for a project being developed by Jasraj Sing & Tomas Baluyut, as recommended by the Public Works Director, Bay Point area. (District V) WHEREAS the Public Works Director, having recommended that she be authorized to execute the eighth agreement extension which extends the subdivision agreement between Jasraj Sing & Tomas Baluyut and the County for construction of certain improvements in subdivision SD06-09131, Bay Point area, through May 15, 2018. APPROXIMATE PERCENTAGE OF WORK COMPLETE: 95% ANTICIPATED DATE OF COMPLETION: May 2018 BOND NO.: 761783S Date: April 9, 2007 REASON FOR EXTENSION: Due to construction finances, need more time to complete work. NOW, THEREFORE, BE IT RESOLVED that the recommendation of the Public Works Director is APPROVED. Contact: Jocelyn LaRocque, 925. 313-2315 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Jocelyn LaRocque, Engineering Services, Sherri Reed, Design and Construction, Ruben Hernandez, Dept. of Conservation, T - 3/15/18, Jasraj Singh & Tomas Baluyut, Developers Surety and Indemnity 5 APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/11/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Patricia Tanquary, (925) 313-6004 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: C. 21 To:Board of Supervisors From:Karen Mitchoff, District IV Supervisor Date:July 11, 2017 Contra Costa County Subject:Honoring James R. Tysell, M.D. on 38 Years of Service with Contra Costa County AGENDA ATTACHMENTS Resolution No. 2017/255 MINUTES ATTACHMENTS Signed Resolution No. 2017/255 In the matter of:Resolution No. 2017/255 Honoring James R. Tysell, M.D. upon the Occasion of 38 Years of Service with Contra Costa County Health Services WHEREAS, Dr. James R. Tysell as Medical Director, assisted Contra Costa Health Plan (CCHP) in becoming the first federally-qualified, state-licensed, County Sponsored Health Plan (HMO) in the United States; and WHEREAS, James began his career with Contra Costa County as an Exempt Medical Staff Physician in the Health Services Department on November 7, 1979; and WHEREAS, James transferred to the Concord Health Center on April 1, 1982; and WHEREAS, James transferred to Contra Costa Health Plan on February 1, 2001; and WHEREAS, James was instrumental in leading CCHP as the first County Sponsored Health Plan in California with a long tradition of ground breaking innovations while establishing and maintaining cooperative relations with DHCS, DMHC and CCHP Provider Networks. He was also instrumental in the Health Plan obtaining NCQA and URAC accreditations; and WHEREAS, James held the responsibility for the professional medical standards, comprehensiveness and efficiency of medical care, and the majority of clinical determinations for (CCHP) while providing administrative supervision and direct guidance on such matters as medical policy and standards. He also provided day-to-day oversight of the Authorization and Utilization Departments, Advice Nurse 24/7 Unit, Pharmacy, and has ultimate authority over the Quality Program while overseeing at least three Medical Consultants who participate in the Clinical Leadership Group and Quality Council; and WHEREAS, James, during his years of service, has worn many hats. He is always willing to go the extra mile to help find a solution and expedite medical care to ensure our diverse population receives compassionate, comprehensive, quality health care services. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors hereby recognize and thank James R. Tysell, M.D., for his contributions to the Contra Costa Health Services Department and the residents of Contra Costa County whose health and safety have been improved by these efforts. ___________________ FEDERAL D. GLOVER Chair, District V Supervisor ______________________________________ JOHN GIOIA CANDACE ANDERSEN District I Supervisor District II Supervisor ______________________________________ DIANE BURGIS KAREN MITCHOFF District III Supervisor District IV Supervisor I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 David J. Twa, By: ____________________________________, Deputy PR.2, C.21 APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/11/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Lauri Byers, (925) 957-8860 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: C. 20 To:Board of Supervisors From:Candace Andersen, District II Supervisor Date:July 11, 2017 Contra Costa County Subject:Resolution recognizing Debora Allen for serving as the Board of Supervisors representative to the Contra Costa County Employees' Retirement Associatio AGENDA ATTACHMENTS Resolution No. 2017/254 MINUTES ATTACHMENTS Signed Resolution No. 2017/254 In the matter of:Resolution No. 2017/254 recognizing Debora Allen for serving as the Board of Supervisors representative to the Contra Costa County Employees' Retirement Association. Whereas, Debora Allen served diligently and effectively as a Board of Supervisors representative to the Contra Costa County Employees’ Retirement Association Board (CCCERA) from 2011 through 2017; and Whereas, Debora joined CCCERA at a challenging time as the Country was coming out of a serious recession and CCCERA had $5 billion in assets and was only funded at 75% on a market value basis with a 7.75% assumed rate of return, and today it has $7.5 billion in assets and is 83% funded with a 7% assumed rate of return; and Whereas, while serving on CCCERA Debora attended numerous conferences and workshops to further her education in this field and worked with other board members to implement PEPRA, curb pension abuses, implement a “Base Pay Only” policy, establish an Audit committee, hire a new investment consultant team to move CCCERA into a more effective investing theory and policy, and helped address many of the labor, compensation and benefit issues associated with CCCERA becoming independent of the County; and Whereas, During her 25-year career, Debora worked as a CPA, corporate Chief Financial Officer, Chief Executive Officer, Tax Manager, and Controller, of various businesses; and Whereas, Debora was elected to serve on the Bay Area Rapd Transit (BART) Board of Directors in November 2017, and will share her signficiant financial expertise with this other important Bay Area agency. Now, Therefore, Be It Resolved that the Board of Supervisors of Contra Costa County does hereby thank Debora Allen for her dedication to Contra Costa County, its employees and citizens. ___________________ FEDERAL D. GLOVER Chair, District V Supervisor ______________________________________ JOHN GIOIA CANDACE ANDERSEN District I Supervisor District II Supervisor ______________________________________ DIANE BURGIS KAREN MITCHOFF District III Supervisor District IV Supervisor I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 David J. Twa, By: ____________________________________, Deputy C.20 RECOMMENDATION(S): ADOPT Resolution No. 2017/235 approving the Subdivision Agreement (Right-of-Way Landscaping) for subdivision SD05-08967, for a project being developed by KB Home South Bay, Inc., as recommended by the Public Works Director, Pacheco area. (District V) FISCAL IMPACT: No fiscal impact. BACKGROUND: Subdivision SD05-08967 has been reviewed and processed by Public Works staff and meets all applicable conditions of approval regarding landscape improvements. CONSEQUENCE OF NEGATIVE ACTION: The Subdivision Agreement (Right-of-Way Landscaping) will not be approved. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/11/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Jocelyn LaRocque, 925. 313-2315 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Sherri Reed, Design and Construction, T - 4/20/18, KB Home South Bay Inc., RLI Insurance Company C. 10 To:Board of Supervisors From:Julia R. Bueren, Public Works Director/Chief Engineer Date:July 11, 2017 Contra Costa County Subject:Approve the Subdivision Agreement (Right of Way Landscaping) for subdivision SD05-08967, Pacheco area. AGENDA ATTACHMENTS Resolution No. 2017/235 Subdivision Agreement SD05-8967 MINUTES ATTACHMENTS Signed: Resolution No. 2017/235 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 07/11/2017 by the following vote: AYE: John Gioia Candace Andersen Diane Burgis Karen Mitchoff Federal D. Glover NO: ABSENT: ABSTAIN: RECUSE: Resolution No. 2017/235 IN THE MATTER OF approving the Subdivision Agreement (Right-of-Way Landscaping) for SD05-08967, for a project being developed by KB Home South Bay, Inc., as recommended by the Public Works Director, Pacheco area. (District V) WHERE AS, the following documents were presented for Board approval this date: The Subdivision Agreement (Right-of-Way Landscaping) with KB Home South Bay, Inc., principal, whereby said principal agrees to complete all improvements as required in said Subdivision Agreement (Right-of-Way Landscaping) within 2 years from the date of said agreement. Improvements generally consist of landscaping. Said document was accompanied by the following: Security to guarantee the completion of right-of-way landscaping as required by Titles 8 and 9 of the County Ordinance, as follows: I. Cash Deposit Amount: $1,000 Auditor’s Deposit Permit No. 686231 Date: June 2, 2015 Submitted by: KB Home South Bay, Inc. II. Surety Bond Bond Company: RLI Insurance Company Bond Number: CMS260786 Date: January 8, 2014 Performance Amount: $83,300 Labor & Materials Amount: $42,150 Principal: KB Home South Bay, Inc. All deposit permits are on file with the Public Works Department. NOW, THEREFORE, BE IT RESOLVED that said Subdivision Agreement (Right-of-Way Landscaping) is APPROVED. Contact: Jocelyn LaRocque, 925. 313-2315 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Sherri Reed, Design and Construction, T - 4/20/18, KB Home South Bay Inc., RLI Insurance Company 5 RECOMMENDATION(S): ADOPT Resolution No. 2017/237 approving the Parcel Map for minor subdivision MS15-00007, for a project being developed by Darryl J. Hughey, as recommended by the Public Works Director, North Richmond area. (District I) FISCAL IMPACT: No fiscal impact. BACKGROUND: The Public Works Department has reviewed the conditions of approval for minor subdivision MS15-00007 and has determined that all conditions of approval for Parcel Map approval have been satisfied. CONSEQUENCE OF NEGATIVE ACTION: The Parcel Map will not be approved and recorded. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/11/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Jocelyn Larocque - 925. 313-2315 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Jocelyn LaRocque, Engineering Services, Sherri Reed, Design/Construction , Ruben Hernandez, Dept of Conservation , T-5/11/18, Darryl J. Hughey, Old Republic Title Company C. 11 To:Board of Supervisors From:Julia R. Bueren, Public Works Director/Chief Engineer Date:July 11, 2017 Contra Costa County Subject:Approve the Parcel Map for minor subdivision MS15-0007, North Richmond area. AGENDA ATTACHMENTS Resolution No. 2017/237 MS15-0007 Parcel Map MINUTES ATTACHMENTS Signed: Resolution No. 2017/237 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 07/11/2017 by the following vote: AYE: John Gioia Candace Andersen Diane Burgis Karen Mitchoff Federal D. Glover NO: ABSENT: ABSTAIN: RECUSE: Resolution No. 2017/237 IN THE MATTER OF approving the Parcel Map for minor subdivision MS15-0007, for a project being developed by Darryl J. Hughey, as recommended by the Public Works Director, North Richmond area. (District I) WHERE AS, the following documents were presented for board approval this date: The Parcel Map of minor subdivision MS15-0007, property located in the North Richmond area, Supervisorial District I, said map having been certified by the proper officials. Said document was accompanied by: 1. Letter from the County Tax Collector stating that there are no unpaid County taxes heretofore levied on the property included in said map and that the 2016-2017 tax lien has been paid in full and the 2017-2018 tax lien, which became a lien on the first day of January 2017, is estimated to be $905. 2. Security to guarantee the payment of taxes, as required by Title 9 of the County Ordinance Code, in the form of a cash deposit, (Auditor's Deposit Permit No. 737542, dated 5/26/17) made by Darryl J. Hughey in the amount: $905, guaranteeing the payment of the estimated tax. NOW, THEREFORE, BE IT RESOLVED: 1. That said subdivision, together with the provisions for its design and improvement, is DETERMINED to be consistent with the County's general and specific plans. 2. That said Parcel Map is APPROVED and this Board does hereby accept subject to installation and acceptance of improvements on behalf of the public any of the streets, paths, or easements shown thereon as dedicated to public use. Contact: Jocelyn Larocque - 925. 313-2315 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Jocelyn LaRocque, Engineering Services, Sherri Reed, Design/Construction , Ruben Hernandez, Dept of Conservation , T-5/11/18, Darryl J. Hughey, Old Republic Title Company 5 RECOMMENDATION(S): APPROVE and AUTHORIZE the Director of Airports, or designee, to execute a month-to-month hangar rental agreement with John Hayes for a T-hangar at Buchanan Field Airport effective July 11, 2017 in the monthly amount of $394.10, Pacheco area. FISCAL IMPACT: The Airport Enterprise Fund will realize $4,729.20 annually. BACKGROUND: On September 1, 1970, Buchanan Airport Hangar Company entered into a 30-year lease with Contra Costa County for the construction of seventy-five (75) hangars and eighteen (18) aircraft shelters at Buchanan Field Airport. Buchanan Airport Hangar Company was responsible for the maintenance and property management of the property during that 30-year period. On September 1, 2000, the County obtained ownership of the aircraft hangars and shelters, pursuant to the terms of the above lease. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/11/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Beth Lee, (925) 681-4200 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 13 To:Board of Supervisors From:Keith Freitas, Airports Director Date:July 11, 2017 Contra Costa County Subject:APPROVE and AUTHORIZE the Director of Airports, or designee, to execute a hangar rental agreement with Buchanan Field Airport Hangar tenant BACKGROUND: (CONT'D) On February 13, 2007, Contra Costa County Board of Supervisors approved the new Large Hangar Lease Agreement for use with the larger East Ramp Hangars. On February 3, 2008, Contra Costa County Board of Supervisors approved the amended T-Hangar Lease Agreement which removed the Aircraft Physical Damage Insurance requirement. The new amended T-hangar Lease Agreement will be used to enter into this aircraft rental agreement. CONSEQUENCE OF NEGATIVE ACTION: A negative action will cause a loss of revenue to the Airport Enterprise Fund. ATTACHMENTS Hangar Agreement - J. Hayes RECOMMENDATION(S): APPROVE and AUTHORIZE the Director of Airports, or his designee, to execute on behalf of the County a Nondisturbance and Attornment Agreement between the County, as the master landlord, the County’s tenant, TGF #201, and the new subtenant, Enterprise Rent-A-Car Co of San Francisco, LLC. FISCAL IMPACT: The master lease will remain in effect, generating lease and other revenues for the Airport Enterprise Fund. Because the property that is the subject of the master lease is currently vacant, a sublease between TGF #201 and Enterprise Rent-A-Car will increase sales tax revenues from the property. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/11/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Beth Lee, (925) 681-4200 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 14 To:Board of Supervisors From:Keith Freitas, Airports Director Date:July 11, 2017 Contra Costa County Subject:Approve Nondisturbance & Attornment Agrmt between County, TGF #201, & Enterprise Rent-A-Car Co of SF, for approx 42,200 sq ft Bldg at 1235 Concord Av BACKGROUND: The County and Reyholds & Brown, Inc. are parties to a ground lease dated January 7, 1992 (the Master Lease), under which the County leased unimproved real property to Reynolds & Brown, Inc. for retail development on property that is part of Buchanan Field Airport. As part of its development, the property was subdivided into three parcels (Parcel A, Parcel B, and Parcel C). Reynolds & Brown developed the entire property for retail use and entered into subleases for each of the three parcels. Parcel C has been vacant since Sports Authority went out of business. TGF #201 (TGF) is the successor in interest to Reynolds & Brown, Inc. Under the terms of the Master Lease, (i) TGF has the absolute right to sublease the property, and (ii) the subtenant has the right to request a nondisturbance and attornment agreement (NDA) from the County. TGF and Enterprise Rent-A-Car of San Francisco, LLC (Enterprise) have negotiated the terms of a sublease of Parcel C to Enterprise. The sublease is contingent upon the County entering into an NDA with TGF and Enterprise. Under the NDA, if the Master Lease is terminated for any reason while the sublease is in effect, the County is agreeing to “step into the shoes” of TGF (becoming the landlord under the sublease) and Enterprise is agreeing to treat the County as its landlord. Under the NDA, the County is also consenting to the sublease between TGF and Enterprise. The County has entered into similar NDAs under previous subleases. This action authorizes the execution of the NDA. This action does not amend or alter the terms of the Master Lease. CONSEQUENCE OF NEGATIVE ACTION: If the County fails to enter into the NDA, Enterprise will probably not enter into the sublease for Parcel C. Parcel C will remain vacant until TGF can negotiate a sublease with a new subtenant. ATTACHMENTS Enterprise.TFG201.NDAFinal Enterprise.TFG201SubleaseFinal RECOMMENDATION(S): Approve the medical staff appointment and reappointments, additional privileges, department assignments, staff advancement, voluntary resignations, and critical care and pediatric privilege changes recommended by the Medical Staff Executive Committee, at their June 7, 2017 meeting, and by the Health Services Director. FISCAL IMPACT: Not applicable. BACKGROUND: The Joint Commission on Accreditation of Healthcare Organizations has requested that evidence of Board of Supervisors approval for each Medical Staff member will be placed in his or her Credentials File. The above recommendations for appointment/reappointment were reviewed by the Credentials Committee and approved by the Medical Executive Committee. CONSEQUENCE OF NEGATIVE ACTION: If this action is not approved, the Contra Costa Regional Medical and Contra Costa Health Centers' medical staff would not be appropriately credentialed and not be in compliance with the Joint Commission on Accreditation of Healthcare Organizations. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/11/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Anna Roth, 925-370-5101 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Tasha Scott, Marcy Wilhelm, Tami Sloan C. 36 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:July 11, 2017 Contra Costa County Subject:Medical Staff Appointments and Reappointments – June 2017 ATTACHMENTS List Criticalcare Changes PedPrivledge Changes MEC Recommendations – JUNE Definitions: A=Active C=Courtesy Aff=Affliate P/A= Provisional Active P/C= Provisional Courtesy Page 1 A. New Medical Staff Members James Anderson, MD Pediatrics Michael Bolton, MD Psychiatry/Psychology John Fordham, DO Psychiatry/Psychology Gillian Friedman, MD Psychiatry/Psychology Qyana Griffith, MD Psychiatry/Psychology Sharon Hood, MD OB/Gyn Daniel Inouye, MD Psychiatry/Psychology Ernest Lo, MD Internal Medicine Leslie Lusk, MD Pediatrics Calvin Lutrin, MD Diagnostic Imaging Barbara Sinclair, MD Family Medicine Jessica Standish, MD Hospitalist Cynthia Tsui, MD Internal Medicine Hannah Woebkenberg, MD Emergency Medicine B. Travis Resident-Family Medicine Alexander Kim, MD C. Application for Moonlighting Privileges Naman Shah, MD Family Medicine D. Application for Teleradiologist Privileges Diane Conley Diagnostic Imaging E. Request for Additional Privileges Name Department Requesting Kaya Belknap, MD Emergency Medicine ED, Hospitalist, OB Ralph Chase, MD Anesthesia ANE 1 – General Anesthesia Bonnie Kwok, MD Family Medicine Post Graduation FM David Lee, MD Family Medicine EME 12 – Joint Aspiration Sandra Murguia, NP OB/GYN Suction Endometrial Biopsy D to U Ken Saffier, MD Family Medicine Psychiatry/Psychology Abid Ahmed, MD Hospitalist Ultra Sound Melissa Ferguson, MD Hospitalist Ultra Sound Pramita Kuruvilla, MD Hospitalist Ultra Sound Brent Porteous, MD Hospitalist Ultra Sound Jeana Radosevich, MD Hospitalist Ultra Sound Jennifer Tsang, MD Hospitalist Ultra Sound F. Request to change Primary Department Requested By Original Department Requesting Department Jamie Boudreau, MD Family Medicine Pediatrics MEC Recommendations – JUNE Definitions: A=Active C=Courtesy Aff=Affliate P/A= Provisional Active P/C= Provisional Courtesy Page 2 G. Secondary Department Assignment Requested By Primary Dept. Requested Secondary Dept. Kaya Belknap, MD Emergency Medicine OB/GYN H. Tertiary Department Assignment Requested By Primary Dept. Requested Tertiary Dept. Kaya Belknap, MD Emergency Medicine Hospitalist I. Advance to Non-Provisional Autumn Broady, MD Obstetrics& Gynecology David Gurley, MD Emergency Medicine Jesse Le, MD Surgery (Urology) Mariposa McCall, MD Psychiatry/Psychology Katherine Rausa, MD Internal Medicine (Nephrology) Jayalakshmi Ravindran, MD Pediatrics Gigi Su, MD Family Medicine Janet Young, MD Internal Medicine (Nephrology) Carlos Zapata, MD Psychiatry/Psychology J. Biennial Reappointments Pyra Aarden, MD Emergency Medicine A Semon Bader, MD Surgery (General Surgery) A Veda Bhatt, MD Family Medicine A Lawrence Boly, MD Internal Medicine (Out Patient) A Jamie Boudreau, MD Family Medicine A Karen Burt, MD Family Medicine Admin Domenic Cavallaro, DDS Dental A Bridget Dyer, MD Emergency Medicine A Scott Faivre, DDS Dental A Catherine Frances, DO Psychiatry/Psychology C Lily Kao, MD Pediatrics C Meltem Karatepe, MD Pediatrics A Charleen Kim, MD Surgery (Vascular/General) A Edward Kim, MD Internal Medicine (Nephrology) C Suneil Koliwad, MD Internal Medicine (Endocrinology) C Diane Kwan, MD Surgery (General Surgery) C Rebecca Lee, MD Hospitalist A MyHoang Nguyen, MD Family Medicine A Maria Pagtalunan, MD Internal Medicine (Nephrology) C David Piccinati, MD Emergency Medicine A Taiyun Roe, MD Family Medicine A Adolfo Romero-Duran, MD Family Medicine A Macey Rosenthal, MD Psychiatry/Psychology C Jessica Selvin, Psy.D Psychiatry/Psychology A Parminder Sethi, MD Surgery A Nishant Shah, MD Family Medicine C Sandra Wai, MD Pediatrics C MEC Recommendations – JUNE Definitions: A=Active C=Courtesy Aff=Affliate P/A= Provisional Active P/C= Provisional Courtesy Page 3 K. Biennial Renew of Privileges Karen Weiss, NP Family Medicine AFF L. Voluntary Resignations Francis Barham,MD Psychiatry/Psychology Catherine Do, DDS Dental Asha Gandhi, MD Psychiatry/Psychology Anise Noggle, MD Psychiatry/Psychology RECOMMENDATION(S): ADOPT California Tradewinds GHAD Resolution No. 2017/01 adopting the GHAD budget for 2017/2018 fiscal year and updating GHAD Manager payment limit under Consulting Services Agreement; and RECEIVE the GHAD Statement of Investment Policy prepared by the GHAD Treasurer, as recommended by the GHAD Manager and GHAD Attorney. FISCAL IMPACT: The GHAD is funded 100% through assessments levied on properties within the GHAD; therefore, there is no impact to the County's General Fund. BACKGROUND: On May 19, 2009, the Contra Costa County Board of Supervisors adopted Resolution No. 2009/02 approving the formation of the California Tradewinds Geologic Hazard Abatement District (GHAD) and appointed itself to serve as the GHAD Board of Directors. ACTIONS: Annual Budget. The GHAD Board is requested to adopt budgets for the GHAD operations each fiscal year. The GHAD Board is being requested to adopt the fiscal year budget for 20171201 8 as prepared by the GHAD General Manager, Sands Construction Co. which is attached to Resolution No. 2017/01 . In addition, the GHAD Board is being requested to update the GHAD General manager payment limits under the existing Consulting Services Agreement as required by that Agreement. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/11/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Amara Morrison 510.834.6600 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: C. 16 To:California Tradewinds GHAD Board of Directors From:Patricia E. Curtin, GHAD Attorney and General Manager Date:July 11, 2017 Contra Costa County Subject:California Tradewinds GHAD Resolution 2017/01 Adoption of Budget and agreement BACKGROUND: (CONT'D) The budget attached to Resolution No. 2017/01 as Exhibit A identifies that limit at $7,200. Statement of Investment Policy. The GHAD Manager, GHAD Attorney, and GHAD Treasurer reccommend that the GHAD Board review and acknowledge receipt of an annual Statement of Investment Policy with sets forth a prudent and systematic investment relative to the monies generated by the GHAD property assessments. These activities help ensure the appropriate management of the GHAD investment portfolio in order to achieve a meaningful return on investment. The responsibility for conducting the GHAD investment program is delegated to the Treasurer, who has established written procedures for the operation of the investment program, consistent with the Statement of Investment Policy. The Treasurer coordinates closely with the GHAD Manager on budget, cash flow and disbursements and is responsible for managing the investment of GHAD revenues and reserve funds. The Treasurer has fuither authority, with consent of the GHAD Board of Directors, to engage the services of one or more third party custodians ("Custodian") to provide safekeeping and custody of assets. The GHAD law does not include any direction or prohibitions on investment practices for GHAD funds. Government Code Sections 53601, 53607, and 53646 of the State of California regulate investment practices. The Statement of Investment Policy uses the State's provisions for local government investments as a starting point for developing and implementing the GHAD's investment policies and practices. Finally, the GHAD's Statement of Investment Policy shall be reviewed regularly by the GHAD Manager and Treasurer. The Board of Directors shall approve all substantive modifications of the Policy. The Statement of Investment Policy is attached to Resolution No. 2017/01 as Exhibit B . CONSEQUENCE OF NEGATIVE ACTION: The GHAD will not be able to continue operation starting July 1, 2017 if the budget is not approved. ATTACHMENTS California Tradewinds Resoluton No. 2017/01 California Tradewinds Program Budget 2017/18 RECOMMENDATION(S): ADOPT Blackhawk GHAD Resolution No. 2017/01 adopting the GHAD budget for 2017/2018 fiscal year and updating GHAD Manager payment limit under the Consulting Services Agreement; RECEIVE information on unanticipated expenditures for fiscal year 2016/2017 for increased operations and management costs not to exceed $600,000 and AUTHORIZE an additional $35,000 to the annual payment limit for the GHAD General Manager in 2016/2017; and RECEIVE the GHAD Statement of Investment Policy prepared by the GHAD Treasurer. FISCAL IMPACT: The GHAD is funded 100% through assessments levied on properties within the GHAD. Therefore, there is no impact to the County's General Fund. BACKGROUND: On June 4, 1985, the Contra Costa County Board of Supervisors adopted Resolution No. 85/289 approving the formation of the Blackhawk Geologic Hazard Abatement District (GHAD) and appointed itself to serve as the GHAD Board of Directors. ACTIONS: Annual Budget. The GHAD Board is requested to adopt a budget for the GHAD operations each fiscal year. The GHAD Board is being requested to adopt the fiscal year budget for 2017/2018 as prepared by the GHAD General Manager, Sands Construction Company, Inc., which is attached to Resolution No. 2017/0I as Exhibit A. The budget APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/11/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Amara Morrison 510.834.6600 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: C. 17 To:Blackhawk GHAD Board of Directors From:Patricia E. Curtin, GHAD Attorney and General Manager Date:July 11, 2017 Contra Costa County Subject:Blackhawk GHAD Budget adoption and fiscal year update BACKGROUND: (CONT'D) identifies the GHAD Manager annual payment limit as $391,200. The increase in the annual payment limit from 2016/2017 is due to the near doubling of work that will be required of the GHAD Manager in fiscal year 2017/201 8 resulting from the excessive amount of rainfall this past winter. Unanticipated Expenditures. Expenses for fiscal year 2016/2017 are anticipated to exceed the 2016/2017 budget by up to $600,000. As required by GHAD Resolution No. 2011/01 approving the GHAD Manager's contract, if funds are expended in excess of the approved budget, the GHAD Manager is required to report on the expenditure of these funds. These additional expenditures were necessary given the extraordinary rain amounts experienced this past winter which impacted GHAD-managed property and the GHAD's necessary response to these rain events. Also, additional funds were necessary to defend the GHAD before and at trial in Feiger v, Blackhawk Corp, et. al., a lawsuit wherein the GHAD was a named party (this lawsuit was successfully litigated in favor of the GHAD). Finally, the2016/2017 GHAD budget, approved by Resolution No. 2016/01, identified a total annual payment limit for the GHAD General Manager of $163,000. The General Manager has exceeded the payment limit by $35,000 in response to emergency repairs resulting from the excessive rainfall this past winter; the General Manager is seeking Board authorization for this increase as required by Exhibit A to Resolution 20ll/01. The GHAD General Manager, Attorney and Treasurer are working to submit requests for FEMA assistance to cover the increased costs. Statement of Investment Policy. The GHAD Manager, Attorney, and Treasurer recommend that the GHAD Board review and acknowledge receipt of an annual Statement of Investment Policy with sets forth a prudent and systematic investment relative to the monies generated by the GHAD property assessments. These activities help ensure the appropriate management of the GHAD investment portfolio in order to achieve a meaningful return on investment. The responsibility for conducting the GHAD investment program is delegated to the Treasurer, who has established written procedures for the operation of the investment program, consistent with the Statement of Investment Policy. The Treasurer coordinates closely with the GHAD Manager on budget, cash flow and disbursements and is responsible for managing the investment of GHAD revenues and reserve funds. The Treasurer has further authority, with consent of the GHAD Board of Directors, to engage the services of one or more third party custodians ("Custodian") to provide safekeeping and custody of assets. The GHAD-law does not include any direction or prohibitions on investment practices for GHAD funds. Govenment Code Sections 53601 ,53607, and 53646 of the State of California regulate investment practices. The Statement of Investment Policy uses the State's provisions for local government investments as a starting point for developing and implementing the GHAD's investment policies and practices. Finally, the GHAD's Statement of Investment Policy shall be reviewed regularly by the GHAD Manager and Treasurer. The Board of Directors shall approve all substantive modifications of the Policy. The Statement of Investment Policy is attached to Resolution No. 2017/0I as Exhibit B. CONSEQUENCE OF NEGATIVE ACTION: The GHAD will not be able to continue operation starting July 1, 2017 if the budget is not approved. ATTACHMENTS Exhibit A Resolution No. 2017/01 Exhibit B Blackhawk GHAD Program Budget RECOMMENDATION(S): As the governing body of the Contra Costa County Flood Control and Water Conservation District, APPROVE and AUTHORIZE the County Counsel, or her designee, to execute a joint defense confidentiality agreement between the District and the City of Antioch related to the lawsuit Contra Costa County Flood Control and Water Conservation District v. Gary A. Eames, et al. (Contra Costa Co. Super. Ct. Case No. C15-02052), as recommended by the County Counsel. FISCAL IMPACT: The joint defense agreement authorizes the District and the City to share costs charged by the District’s expert appraiser in this case. The District’s appraiser charges $200 per hour for appraisal services and $300 per hour for giving deposition and court testimony. The City will reimburse the District for one half of the appraiser’s fees for services he performs between May 1, 2017, and October 31, 2017. BACKGROUND: APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/11/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Stephen Siptroth, 925 335-1817 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: C. 18 To:Board of Supervisors From:Sharon L. Anderson, County Counsel Date:July 11, 2017 Contra Costa County Subject:Approve a joint defense confidentiality agreement related to Contra Costa County Flood Control and Water Conservation District v. Gary A. Eames, et al BACKGROUND: (CONT'D) The Contra Costa County Flood Control and Water Conservation District filed an eminent domain action entitled Contra Costa County Flood Control and Water Conservation District v. Gary A. Eames, et al. (Contra Costa Co. Super. Ct. Case No. C15-02052) (the “Action”). The District is condemning certain portions of property located at 1400-1420 W. 10th Street, in Antioch (the “Property”). The Property is owned by Gary A. Eames and Donna Ray Eames, who are defendants in the Action (“Defendants”). The Parcels are needed for the West Antioch Creek Channel Improvements Project (“Project”) being undertaken jointly by the District and the City of Antioch. The Defendants have filed cross-complaints for inverse condemnation against the District and the City. The District and the City have been planning for this Project for several years. The Defendants’ cross-complaints allege that, since 2007, the District’s and the City’s ongoing actions caused the Property to incur compensable pre-condemnation damages. The District and the City deny these allegations. The District and the City are joint defendants and need to coordinate their defenses to the cross-complaint without waiving any privilege or the confidentiality of any documents one party may share with the other party. The joint defense confidentiality agreement will enable the District and the City to share otherwise privileged documents and communications with each other while maintaining the confidentiality of the documents and communications under the common interest doctrine. Additionally, the District and the City will retain the same expert appraiser to determine the just compensation for the Parcels, including, but not limited to, any damages caused by the acquisitions and by compensable pre-condemnation damages. Because the appraiser’s expert opinion will address valuation issues common to both of their defenses, the City and the District will share the costs for the appraiser’s services between May 1, 2017, through October 31, 2017. For these reasons, District staff and the County Counsel’s Office recommend that the Board of Supervisors approve the joint defense confidentiality agreement. CONSEQUENCE OF NEGATIVE ACTION: If the Board of Supervisors does not approve the joint defense confidentiality agreement, there would be no agreement on how to treat confidential documents one co-defendant receives from the other co-defendant, and the District would pay all fees charged by the expert appraiser for services that will address valuation issues common to the District and the City. RECOMMENDATION(S): DENY claims filed by Hassan Abdellaoui, Amir Allison (a minor), Dannisha Mills (mother) & Amado Allison (father), Felipe Hernandez, Kenja Hill, Michelle Hutson, Jerry Johnson, Sharlee Joseph-Battle, Siupeli Letatau, Jan Parfet, Jeff Richards, Ellen Rinehart & Eric Bohr and Latywan White. FISCAL IMPACT: No fiscal impact. BACKGROUND: Hassan Abdellaoui: Property claim for damage to vehicle in the amount of $964.42 Amir Allison, a minor, Dannisha Mill and Amando Allison, parents: Personal injury claims for medical malpractice in an amount exceeding $25,000. Felipe Hernandez: Personal injury claim for incident at the Martinez Detention Facility in an amount exceeding $25,000. Kenja Hill: Property claim for lost cell phone in the amount of $849. Michelle Hutson: Property claim and personal injury claim resulting from automobile accident in the amount of $50,000. Jerry Johnson: Property APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/11/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Scott Selby 925.335.1400 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: C. 19 To:Board of Supervisors From:David Twa, County Administrator Date:July 11, 2017 Contra Costa County Subject:Claims BACKGROUND: (CONT'D) claim for damage to cell phone in the amount of $400. Sharlee Joseph-Battle: Personal injury claim in the amount of $1,250,000. Siupeli Letatau: Property claim for damage to vehicle in the amount of $3,440.68 Jan Parfet: Property claim for lost glasses in the amount of $224. Jeff Richards: Property claim for damage to phone in the amount of $100. Ellen Rinehart and Eric Bohr: Property claim for damage to vehicle in the amount of $673.24 Latywan White: Personal injury claim resulting from accident in the amount of $15,000. CONSEQUENCE OF NEGATIVE ACTION: The limitations period in Government Code section 945.6, subsection (a) (1) would not apply to these claimants. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/11/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Lauri Byers, (925) 957-8860 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: C. 20 To:Board of Supervisors From:Candace Andersen, District II Supervisor Date:July 11, 2017 Contra Costa County Subject:Resolution recognizing Debora Allen for serving as the Board of Supervisors representative to the Contra Costa County Employees' Retirement Associatio AGENDA ATTACHMENTS Resolution No. 2017/254 MINUTES ATTACHMENTS Signed Resolution No. 2017/254 In the matter of:Resolution No. 2017/254 recognizing Debora Allen for serving as the Board of Supervisors representative to the Contra Costa County Employees' Retirement Association. Whereas, Debora Allen served diligently and effectively as a Board of Supervisors representative to the Contra Costa County Employees’ Retirement Association Board (CCCERA) from 2011 through 2017; and Whereas, Debora joined CCCERA at a challenging time as the Country was coming out of a serious recession and CCCERA had $5 billion in assets and was only funded at 75% on a market value basis with a 7.75% assumed rate of return, and today it has $7.5 billion in assets and is 83% funded with a 7% assumed rate of return; and Whereas, while serving on CCCERA Debora attended numerous conferences and workshops to further her education in this field and worked with other board members to implement PEPRA, curb pension abuses, implement a “Base Pay Only” policy, establish an Audit committee, hire a new investment consultant team to move CCCERA into a more effective investing theory and policy, and helped address many of the labor, compensation and benefit issues associated with CCCERA becoming independent of the County; and Whereas, During her 25-year career, Debora worked as a CPA, corporate Chief Financial Officer, Chief Executive Officer, Tax Manager, and Controller, of various businesses; and Whereas, Debora was elected to serve on the Bay Area Rapd Transit (BART) Board of Directors in November 2017, and will share her signficiant financial expertise with this other important Bay Area agency. Now, Therefore, Be It Resolved that the Board of Supervisors of Contra Costa County does hereby thank Debora Allen for her dedication to Contra Costa County, its employees and citizens. ___________________ FEDERAL D. GLOVER Chair, District V Supervisor ______________________________________ JOHN GIOIA CANDACE ANDERSEN District I Supervisor District II Supervisor ______________________________________ DIANE BURGIS KAREN MITCHOFF District III Supervisor District IV Supervisor I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 David J. Twa, By: ____________________________________, Deputy C.20 APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/11/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Patricia Tanquary, (925) 313-6004 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: C. 21 To:Board of Supervisors From:Karen Mitchoff, District IV Supervisor Date:July 11, 2017 Contra Costa County Subject:Honoring James R. Tysell, M.D. on 38 Years of Service with Contra Costa County AGENDA ATTACHMENTS Resolution No. 2017/255 MINUTES ATTACHMENTS Signed Resolution No. 2017/255 In the matter of:Resolution No. 2017/255 Honoring James R. Tysell, M.D. upon the Occasion of 38 Years of Service with Contra Costa County Health Services WHEREAS, Dr. James R. Tysell as Medical Director, assisted Contra Costa Health Plan (CCHP) in becoming the first federally-qualified, state-licensed, County Sponsored Health Plan (HMO) in the United States; and WHEREAS, James began his career with Contra Costa County as an Exempt Medical Staff Physician in the Health Services Department on November 7, 1979; and WHEREAS, James transferred to the Concord Health Center on April 1, 1982; and WHEREAS, James transferred to Contra Costa Health Plan on February 1, 2001; and WHEREAS, James was instrumental in leading CCHP as the first County Sponsored Health Plan in California with a long tradition of ground breaking innovations while establishing and maintaining cooperative relations with DHCS, DMHC and CCHP Provider Networks. He was also instrumental in the Health Plan obtaining NCQA and URAC accreditations; and WHEREAS, James held the responsibility for the professional medical standards, comprehensiveness and efficiency of medical care, and the majority of clinical determinations for (CCHP) while providing administrative supervision and direct guidance on such matters as medical policy and standards. He also provided day-to-day oversight of the Authorization and Utilization Departments, Advice Nurse 24/7 Unit, Pharmacy, and has ultimate authority over the Quality Program while overseeing at least three Medical Consultants who participate in the Clinical Leadership Group and Quality Council; and WHEREAS, James, during his years of service, has worn many hats. He is always willing to go the extra mile to help find a solution and expedite medical care to ensure our diverse population receives compassionate, comprehensive, quality health care services. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors hereby recognize and thank James R. Tysell, M.D., for his contributions to the Contra Costa Health Services Department and the residents of Contra Costa County whose health and safety have been improved by these efforts. ___________________ FEDERAL D. GLOVER Chair, District V Supervisor ______________________________________ JOHN GIOIA CANDACE ANDERSEN District I Supervisor District II Supervisor ______________________________________ DIANE BURGIS KAREN MITCHOFF District III Supervisor District IV Supervisor I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 David J. Twa, By: ____________________________________, Deputy PR.2, C.21 RECOMMENDATION(S): 1. ACCEPT the Chief Engineer’s Report for Annexation No. 4 to Drainage Area 76A (DA 76A), for Minor Subdivision 16-0004; 2. ADOPT Resolution No. 2017/246 and FIX August 15, 2017, at 9:30 a.m. in the Board of Supervisors’ chambers as the time and place to certify the tabulation of the ballots submitted for the proposed assessment and levy the proposed assessment; 3. DIRECT the Chief Engineer, Flood Control and Water Conservation District, or designee, to mail, by first class mail, a written notice and ballot to each parcel owner within the development in compliance with Proposition 218; 4. DIRECT the Clerk of the Board to publish the notice of the hearing, in the form attached as Exhibit B, pursuant to Sections 3.3 and 12.7 of the Act (West’s Wat. Code App., §§ 63-3.3 and 63-12.7). FISCAL IMPACT: This assessment is levied $582.72 for Lot 1 per year and $469.44 for Lot 2 per year. Funds will be collected in DA 76A for use to perform annual maintenance of DA 76A facilities. (100% Drainage Area 76A Funds) APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/11/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Tim Jensen, (925) 313-2390 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Laura Strobel, County Administrator's Office, Robin Cantu, County Assessor’s Office, Bob Campbell, County Auditor–Controller’s Office, Jennifer Webber, County Auditor-Controller's Office, Brice Bins, County Treasurer–Tax Collector, Mike Carlson, Deputy Chief Engineer, Tim Jensen, Flood Control, Teri E. Rie, Flood Control, Rene Urbina, Flood Control, Beth Balita, Finance, Crystal O’Dell, Flood Control, Catherine Windham, Flood Control C. 22 To:Contra Costa County Flood Control District Board of Supervisors From:Julia R. Bueren, Public Works Director/Chief Engineer Date:July 11, 2017 Contra Costa County Subject:Fix a Hearing for Annexation No. 4 to Drainage Area 76A, for Minor Subdivision 16-0004, Alamo area. Project No. 7576-6D8272 BACKGROUND: Condition of Approval No. 59 for Minor Subdivision 16-0004 requires the annexation into DA 76A. Minor Subdivision 16-0004 benefits from DA 76A facilities and is conditioned to annex into DA 76A to pay for its fair share of maintenance of these facilities. CONSEQUENCE OF NEGATIVE ACTION: If not approved, DA 76A will not receive necessary funding for maintenance of facilities and the final map for Minor Subdivision 16-0004 will not be approved. AGENDA ATTACHMENTS Resolution No. 2017/246 Engineer's Report Exhibit A Exhibit B Exhibit C-Ballot Owner's Petition MINUTES ATTACHMENTS Signed Resolution No. 2017/246 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 07/11/2017 by the following vote: AYE: John Gioia Candace Andersen Diane Burgis Karen Mitchoff Federal D. Glover NO: ABSENT: ABSTAIN: RECUSE: Resolution No. 2017/246 IN THE MATTER OF: Adopting this Resolution accepting the Chief Engineer’s Report for Annexation No. 4 to Drainage Area 76A, for Minor Subdivision 16-0004, and fixing a hearing for August 15, 2017, at 9:30 a.m. in compliance with Proposition 218, Alamo area. The Board of Supervisors of Contra Costa County, as the governing body of the Contra Costa County Flood Control and Water Conservation District, RECITES as follows: Sections 12.6 and 12.7 of the Contra Costa County Flood Control and Water Conservation District Act (West’s Wat. Code App., §§ 63-12.6 and 63-12.7; referred to as the “Act”) provide authority for the Board to conduct proceedings for the annexation of parcels or tracts of land to an existing drainage area. The Benefit Assessment Act of 1982 (Gov. Code, §§ 54703-54718) provides authority for the Board to propose for adoption annual benefit assessments for the purpose of funding the maintenance and operation costs of drainage and flood control services, as well as the cost of installation and improvement of drainage and flood control facilities. Section 4 of Article XIII D of the California Constitution (Right to Vote on Taxes Act) and Government Code Section 53753 (Proposition 218 Omnibus Implementation Act) provide a standard procedure for the approval and levy of special benefit assessments. As conditions of approval of their developments, the owners of the parcels described in Exhibit A, attached hereto, are required to annex their parcels for the purpose of funding the maintenance and operation costs of the drainage and flood control service provided to the parcels. The developer of Minor Subdivision 16-0004 has requested that the proceeding for the annexation and adoption of annual benefit assessments be instituted by the Board for the parcels described in Exhibit A, attached hereto. The Board has before it for consideration the above-described petition, the boundary map, and the engineer’s report entitled “Engineer’s Report for Annexation No. 4 to Contra Costa County Flood Control and Water Conservation District Drainage Area 76A.” Said documents, which describe the area proposed to be annexed and that provide an estimate of the current annual maintenance and operation costs of the drainage and flood control services and the amounts of the proposed assessments, are on file with and may be examined at the Office of the Clerk of the Board of Supervisors, Administration Building, 651 Pine Street, Martinez, California. NOW, THEREFORE, the Board of Supervisors of Contra Costa County, as the governing body of the Contra Costa County Flood Control and Water Conservation District, FINDS and RESOLVES as follows: All of the foregoing recitals are true and correct, and the above-described petition complies with the requirements of Section 12.6 of the Act (West’s Wat. Code App., § 63-12.6). It is proposed that the real property described in Exhibit A, attached hereto, be annexed to Drainage Area 76A, that the drainage area boundaries be changed accordingly, and that annual benefit assessments be levied against the real property described in Exhibit A, attached hereto, as set forth in the above-described engineer’s report. 5 At 9:30 a.m. on August 15, 2017, in the chambers of the Board of Supervisors, Administration Building, 651 Pine Street, Martinez, California, this Board will conduct a public hearing on the proposed annexation and change in drainage area boundaries and on the proposed annual benefit assessments, The Board DIRECTS the Chief Engineer, Flood Control and Water Conservation District, or designee, to mail written notice of the hearing, in the form attached as Exhibit B, to the record owner of each identified parcel within the area described in Exhibit A. The notice shall include an assessment ballot in the form attached as Exhibit C and shall be mailed at least forty-five (45) days prior to the date of the public hearing. The Board FURTHER DIRECTS the Clerk of the Board to publish notice of the hearing, in the form attached as Exhibit B, pursuant to Sections 3.3 and 12.7 of the Act (West’s Wat. Code App., §§ 63-3.3 and 63-12.7), once a week for two (2) consecutive weeks prior to the hearing, with at least five (5) days intervening between the respective publication dates not counting such publication dates, in the Contra Costa Times, a newspaper of general circulation published in the drainage area. Publication shall be completed at least seven (7) days prior to the date of the public hearing. The Board FURTHER DIRECTS that, immediately before the hearing, the Chief Engineer shall tabulate the ballots. At the hearing, the Board will consider any objections or protests to the proposed benefit assessments and certify the tabulation of the ballots. The Board shall not impose the assessments if there is a majority protest. A majority protest exists if, upon conclusion of the hearing, ballots submitted in opposition to the assessments exceed the ballots submitted in favor of the assessments. In tabulating the ballots, the ballots shall be weighted according to the proportional financial obligation of the affected property. At the conclusion of the hearing, the Board may adopt, revise, change, reduce, or modify the proposed assessments. At the hearing, the Board will hear all persons interested in or affected by the proposed change in the drainage area boundaries and will hear all relevant evidence for or against the annexation petition. At the conclusion of the hearing, the Board may annex all or part of the parcels proposed to be annexed. Contact: Tim Jensen, (925) 313-2390 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Laura Strobel, County Administrator's Office, Robin Cantu, County Assessor’s Office, Bob Campbell, County Auditor–Controller’s Office, Jennifer Webber, County Auditor-Controller's Office, Brice Bins, County Treasurer–Tax Collector, Mike Carlson, Deputy Chief Engineer, Tim Jensen, Flood Control, Teri E. Rie, Flood Control, Rene Urbina, Flood Control, Beth Balita, Finance, Crystal O’Dell, Flood Control, Catherine Windham, Flood Control ENGINEER’S REPORT FOR ANNEXATION No. 4 TO CONTRA COSTA FLOOD CONTROL AND WATER CONSERVATION DISTRICT DRAINAGE AREA 76A PREPARED BY THE STAFF OF THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT 255 GLACIER DRIVE MARTINEZ, CA 94553 June 15, 2017 1. RECOMMENDATION: It is recommended that the Board of Supervisors authorize Annexation No. 4 to Drainage Area 76A and that the benefit assessments pursuant to the Benefit Assessment Act of 1982, Government Code Sections 54703 through 54720, inclusive, be adopted for the area to be annexed. 2. DRAINAGE AREA LOCATION: Contra Costa County Flood Control and Water Conservation District (District) Drainage Area 76A, formed on December 1, 1987, per Board of Supervisors Resolution No. 87/726 is located northeast of the intersection of Miranda Avenue and Livorna Road in the unincorporated area of Alamo. The specific location of the areas to be annexed are described in Exhibit A and shown in other exhibits on file for Minor Subdivision 16–0004 in the Engineering Services division of the Public Works Department. 3. ANNEXATION AREA: The proposed annexation consists of two lots within Minor Subdivision 16-0004 that contain approximately one acre. One parcel is 39,033 sq. ft. and the other parcel is 23,708 sq. ft. 4. REASON FOR ANNEXATION: On December 1, 1987, Drainage Area 76A was established to provide a legal entity under which benefit assessments could be levied for maintenance of two detention basins. The basins were constructed because the creation of new impervious surface on previously undeveloped land downstream of the basins was expected to increase flows into Miranda Creek. The basins regulate stormwater flowing into the creek in order to mitigate the possibility of flooding. Minor Subdivision 16-0004 benefits from this flood protection. Like all man-made facilities, the detention basins require annual maintenance to ensure that they operate as designed. It is, therefore, equitable in the opinion of the District that all properties benefitting by the existence of the detention basins pay a fair share toward their annual maintenance. Therefore, District staff recommends that subdivisions and other developments that will increase the stormwater flow to Miranda Creek channel be annexed to Drainage Area 76A and have the benefit assessment levied. The annexation to Drainage Area 76A provides a legal entity under which the benefit assessment for maintenance of the detention basin and storm drains can be levied, after a vote has been taken. 5. FACILITIES TO BE MAINTAINED: Monies collected will be used for the maintenance of the detention basins and operation of the Drainage Area. Maintenance will include, among other things, silt removal, bank repair, landscaping, irrigation water, and weed removal. 6. ESTIMATE OF ANNUAL COSTS: The fiscal year 2017–18 maintenance budget for the basins is approximately $103,700. A breakdown of these costs is as follows: A. Structure maintenance $ 4,200.00 B. Sediment removal $20,000.00 C. Vegetation management $20,300.00 D. Inspection and investigation $59,200.00 Estimated Total Annual Costs $103,700.00 7. ANNUAL BENEFIT ASSESSMENT: The Annual Benefit Assessment to be assigned to each of the parcels of the area to be annexed should be based upon its prorated share of the stormwater runoff. Its proportional share is determined by the amount of impervious area to be created on each parcel. Attached is Table A, which is a summary of the two parcels to be annexed to Drainage Area 76A. Table A also indicates the impervious area to be created by each parcel of land. The table indicates that the parcels to be created will generate a total of an additional 11.61 impervious area units (IAU). Each IAU is 1,000 sq. ft. of impervious area. 8. BENEFIT ASSESSMENT IMPLEMENTATION: The annexation to Drainage Area 76A provides funding for the maintenance of the detention basin and associated drainage structures. The annexation also provides that a levy be authorized by a vote of the various properties involved in the annexation. Staff recommends that: 1) all new parcels be assessed in the fiscal year following the filing of the parcel/final map; 2) all existing parcels of land containing impervious areas be assessed in the fiscal year following the filing of the final map; and, 3) that a vote of the property owners involved in the annexation be held to allow a maximum benefit assessment of $159.55 per IAU to be adopted, such maximum to be utilized in case of a need for emergency repairs to the basin and subject to annual adjustment to account for inflation (per Caltrans’ published “Price Index for Selected California Construction Items,” or equivalent). CO:cw \\PW-DATA\grpdata\fldctl\CurDev\CITIES\Alamo\MS 16-0004, 281 Livorna Heights Road\DA76A Annexation #4\MS 16- 0004 DA 76A Annexation Engr. Rpt..doc 6/15/17 Table A Drainage Area 76A Annexation No. 4 (1) Parcel Designation (2) Parcel Size (square feet) (3) Number of IAU per Parcel* (4) FY 17–18 Maintenance Cost Per IAU** (5) FY 17–18 Assessment (Col. 3 x Col. 4) (6) Maximum (Emergency) Assessment*** (Col. 3 x $159.55) Lot 1 MS 16-0004 39,033 6.43 $90.62 $582.72 $1025.91 Lot 2 MS 16-0004 23,708 5.18 $90.62 $469.44 $826.47 MS 16-0004 total 11.61 Current DA 76A IAU 1533.22 New DA 76A IAU 1544.83 Notes: * Source: Average Impervious Surface Amounts, Report on Impervious Surface Drainage Fee Ordinance, January 5, 1982, Table 8. ** Maintenance Cost per IAU = Total Maintenance Cost of $103,700 / Total number of IAU’s. *** Maximum Assessment determined by adjusting the maximum assessment approved in DA 76A formation document ($65.07) by Caltrans “Price Index for Selected California Construction Items” to current year, resulting in $159.55. Maximum assessment value is updated annually. EXHIBIT “B” LEGAL NOTICE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT NOTICE OF PUBLIC HEARING The Board of Supervisors, as the governing body of the Contra Costa County Flood Control and Water Conservation District, has set 9:30 a.m. on August 15, 2017 in its chambers, County Administration Building, 651 Pine Street, Martinez, CA 94553, as the time and place for a hearing on proposed Annexation No. 4 to Drainage Area 76A and the proposed levy of benefit assessments for the area being annexed under the provisions of the Contra Costa County Flood Control and Water Conservation District Act and the Benefit Assessment Act of 1982, respectively. The above-described hearing concerns the annexation to Drainage Area 76A of Minor Subdivision 16-0004 located in the unincorporated Alamo area. Precise descriptions are contained in the boundary descriptions. The boundary maps, boundary descriptions of the areas, and engineer’s report have been prepared for the proposed annexation. These documents have been filed with the Clerk of the Board of Supervisors and are available for inspection at the Public Works Department Office, 255 Glacier Drive, Martinez, CA 94553. At the public hearing, the Board will hear all persons interested in or affected by the proposed change in the drainage area boundaries, will hear all relevant evidence for and against the petition, and will hear and consider all protests against the proposed benefit assessments. At the conclusion of the hearing, the Board may annex all or part of the parcels proposed to be annexed, and may adopt, revise, change, reduce, or modify the proposed benefit assessments. All persons interested in or affected by the proposed change in the drainage area boundaries may appear at the hearing and show cause why the change should not be made. At the hearing, the Board shall hear all relevant evidence for and against the petition. It is the Board’s intention to levy annual benefit assessments upon the parcels proposed to be annexed. G:\fldctl\CurDev\DA Annexations\DA 76A MS16-0004\Set Hearing\Legal Notice Mst.-Exhibit B.doc EXHIBIT C Annexation of Minor Subdivision 16-0004 into the Contra Costa County Flood Control and Water Conservation District Drainage Area 76A Assessment Assessment Ballot Annexation of: Minor Subdivision 16-0004 Record Owners: Cherl and Gary Spitz Address: 281 Livorna Heights Rd. Alamo, CA 94507 ______ Yes, I approve of both the proposed annual assessment of $90.62 per IAU and the maximum annual assessment of $159.55 per IAU on each of the parcels identified in this ballot. ______ No, I do not approve of either the proposed annual assessment of $90.62 per IAU or the maximum assessment of $159.55 per IAU on each of these parcels. . _______________________________________ Cherl I. Spitz _______________________________________ Gary K. Spitz _________________ Date G:\fldctl\CurDev\DA Annexations\DA 76A MS16-0004\Assessment Ballot Packet\Ballot-Exhibit C.doc RECOMMENDATION(S): REASSIGN the following individual from the District II Alternate Seat to the District II Seat of the First 5 Contra Costa Children and Families Commission for the remainder of the term with an expiration date of August 16, 2018 effective immediately, as recommended by Supervisor Candace Andersen: Marilyn Cachola Lucey Alamo, CA 94507 DECLARE the District II Alternate Seat vacant, and DIRECT the Clerk of the Board to post the vacancy. FISCAL IMPACT: None. BACKGROUND: The Contra Costa County Board of Supervisors established the First 5 Contra Costa Children and Families Commission on June 15, 1999 (Ordinance 99-15). The Board appointed nine Commission members and nine Alternate members on September 1, 1999. Members include one Supervisor from the County Board of Supervisors, the Director of Health Services and Employment and Human Services, and a representative from the County Administrator’s Office of Children’s Services. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/11/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Jill Ray, 925-957-8860 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: District 2 Supervisor, Maddy Book, First 5, Appointee C. 23 To:Board of Supervisors From:Candace Andersen, District II Supervisor Date:July 11, 2017 Contra Costa County Subject:APPOINTMENT TO THE FIRST 5 CONTRA COSTA CHILDREN AND FAMILIES COMMISSION BACKGROUND: (CONT'D) The other five members of the Commission are appointed by the Board of Supervisors and represent each Supervisorial District. Commissioners and Alternate Commission members represent various disciplines and backgrounds including pediatrics, early childhood education, child welfare, and schools. Alternate members, including second representatives from the Board of Supervisors, the county agencies mentioned above, and the five districts, hold all the powers of the appointed Commissioners except voting privileges. CONSEQUENCE OF NEGATIVE ACTION: The District II Seat will remain vacant. CHILDREN'S IMPACT STATEMENT: The First 5 Children and Families Commission achieves all 5 Children's Impact Statements: • Children Ready for and Succeeding in School • Children and Youth Healthy and Preparing for Productive Adulthood • Families that are Economically Self Sufficient • Families that are Safe, Stable, and Nurturing • Communities that are Safe and Provide a High Quality of Life for Children and Families RECOMMENDATION(S): APPOINT the following individual to the District IV Seat on the Family and Childrens' Trust Committee to a term expiring September 30, 2017. Cherise Khaund Walnut Creek, CA 94598 FISCAL IMPACT: None. BACKGROUND: The Family and Children's Trust Committee conducts a biennial needs assessment on family and children's services in Contra Costa County. They also recommend the establishment of program priorities to the Employment and Human Services Director and the Board of Supervisors and coordinate, with the Employment and Human Services Director, monitoring of contracts that are funded by AB 1733, AB 2994 or the Ann Adler Family & Children's Trust Fund. They also recommend awards of family and children's services contracts pursuant to AB 1733, AB 2994, Ann Adler Family & Children's Trust Fund, Community-Based Family Resource Funds, and Childcare Affordability funds. CONSEQUENCE OF NEGATIVE ACTION: Should the Board elect to not approve the recommendation, District IV would not be represented on the Family and Childrens' Trust Committee until an appointment was made. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/11/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Lisa Chow, (925) 521-7100 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 24 To:Board of Supervisors From:Karen Mitchoff, District IV Supervisor Date:July 11, 2017 Contra Costa County Subject:APPOINT Cherise Khaund to the District IV seat of the The Family and Children's Trust Committee RECOMMENDATION(S): APPOINT Trisha Mindel to the District 1 alternate seat on the First 5 - Contra Costa Children and Families Commission to a term expiring on 7/11/2020, as recommended by Supervisor Gioia. FISCAL IMPACT: None. BACKGROUND: The commission shall adopt an adequate and complete County strategic plan for the support and improvement of early childhood development within the County. The County strategic plan shall be consistent with, and in furtherance of the purposes of, the California Children and Families First Act of 1998 and any guidelines adopted by the state commission pursuant to subdivision (b) of the Health and Safety Code Section 130125 that are in effect at the time the County plan is adopted. (Ords. 99-15 1, 98-46.) Trisha Mindel Kensington, CA 94707 Supervisor Gioia advertises his open advisory body seats in numerous ways including through his website, eblasts, and newsletters, as well as with the traditional media. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/11/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: James Lyons, 510-231-8692 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 25 To:Board of Supervisors From:John Gioia, District I Supervisor Date:July 11, 2017 Contra Costa County Subject:APPOINT Trisha Mindel to the District 1 alternate seat on the First 5 - Contra Costa Children and Families Commission ATTACHMENTS Trisha_Mindel_Application RECOMMENDATION(S): APPOINT, in lieu of election, Todd Smithey, 1031 Feather Cir., Clayton, CA 94517, as General Member #3 of the Contra Costa County Employees' Retirement Association Board of Trustees (Retirement Board) to a term beginning July 1, 2017 and ending June 30, 2020. DECLARE ELECTED the following candidates to terms beginning July 1, 2017 and ending June 30, 2020, as a result of the June 13, 2017 Election for the Contra Costa County Retirement Board: Safety Member #7 - William Pigeon, 2010 Geary Rd., Pleasant Hill, CA 94523 Safety Member #7 Alternate - Gabe Rodrigues, 19957 Lorena Cir., Castro Valley, CA 94546 FISCAL IMPACT: None BACKGROUND: Only one candidate filed for the office of General Member #3 of the Contra Costa County Retirement Board. Election Code 10515 requires that candidates who filed for an office for which the number of candidates equaled or did not exceed the number required to be elected, be "Appointed-in-Lieu of Election" by the Board of Supervisors as if they were elected. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/11/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Rosa Mena, 925.335.7806 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 26 To:Board of Supervisors From:Joseph E. Canciamilla, Clerk-Recorder Date:July 11, 2017 Contra Costa County Subject:APPOINT and DECLARE ELECTED Members of the Contra Costa County Retirement Board for the June 13, 2017 Election BACKGROUND: (CONT'D) An election was conducted on June 13, 2017 election for the positions of Safety Member #7 and Safety Member #7 Alternate of the Contra Costa County Retirement Board. Election Code 15372 requires the Elections Official to prepare a Statement of Results of the election and submit to the Governing Body within 30 days of the election. A certified Statement of Results is attached to this Board Order. CONSEQUENCE OF NEGATIVE ACTION: These candidates will not be sworn in as provided by law. ATTACHMENTS Statement of Results 06/13/17 RECOMMENDATION(S): ACCEPT the resignations of Janelle Williams and Ella Jones; DECLARE vacancies in the Local Committee, City of Richmond and the At-Large #14 seats on the Advisory Council on Aging; and DIRECT the Clerk of the Board to post the vacancies as recommended by the Employment and Human Services Director. FISCAL IMPACT: None BACKGROUND: Ms. Williams resigned May 18, 2017. She was appointed September 13, 2016 . The Seat will expire September 30, 2018. Ms. Jones reigned May 1, 2017. She was appointed October 6. 2015. The Seat will expire September 30, 2017. CONSEQUENCE OF NEGATIVE ACTION: The Advisory Council on Aging may be unable to conduct routine business. CHILDREN'S IMPACT STATEMENT: Not applicable. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/11/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Elaine Burres, 313-1717 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 27 To:Board of Supervisors From:Kathy Gallagher, Employment & Human Services Director Date:July 11, 2017 Contra Costa County Subject:Advisory Council on Aging Resignations RECOMMENDATION(S): ACCEPT the resignation of Jelani Killings, DECLARE a vacancy in the Private / Non-Profit Seat Sector 4 on the Economic Opportunity Council, and DIRECT the Clerk of the Board to post the vacancy, as recommended by the Employment & Human Services Director. FISCAL IMPACT: None BACKGROUND: A vacancy was created in the Private/Non-Profit Sector 4 when Jelani Killings, re-appointed to the seat on July 7, 2015 (c.42), submitted his resignation effective June 8, 2017. CONSEQUENCE OF NEGATIVE ACTION: If not approved, the Economic Opportunity will not be able to fill the vacancy. CHILDREN'S IMPACT STATEMENT: None APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/11/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: CSB (925) 681-6308 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Nancy Sparks C. 28 To:Board of Supervisors From:Kathy Gallagher, Employment & Human Services Director Date:July 11, 2017 Contra Costa County Subject:DECLARE Vacant Private/Non-Profit Sector 4 on the Economic Opportunity Council RECOMMENDATION(S): APPOINT Tanya Brown to Low-Income Sector 4 seat of the Contra Costa County Economic Opportunity Council with term end date of June 30, 2020 as recommended by the Employment & Human Services Director. FISCAL IMPACT: None BACKGROUND: This board order seeks to appoint Tanya Brown to the vacancy in Low Income Sector 4 with a term end date of June 30, 2020. The Economic Opportunity Council approved the appointment on June 11, 2017. Ms. Brown resides in Richmond, California 94804. CONSEQUENCE OF NEGATIVE ACTION: If not approved, the Economic Opportunity Council will be unable to conduct routine business. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/11/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: CSB (925) 681-6308 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Nancy Sparks C. 29 To:Board of Supervisors From:Kathy Gallagher, Employment & Human Services Director Date:July 11, 2017 Contra Costa County Subject:APPOINT Tanya Brown to Economic Opportunity Council, Low Income Sector 4 ATTACHMENTS Brown EOC application RECOMMENDATION(S): ACCEPT the resignation of Randy Tillery from the Workforce Development Board, Education and Training Seat #2 (Higher Education), DECLARE the vacancy and DIRECT the Clerk of the Board to post the vacancy as recommended by the Employment and Human Services Department Director. FISCAL IMPACT: None BACKGROUND: Randy Tillery resigned May 8, 2017. Randy Tillery was appointed March 29, 2016. The Seat will expire June 30, 2020. The Workforce Development Board (WDB) is a business-led body with the mission to shape and strengthen local and regional workforce development efforts. The WDB brings together leaders from business, economic development, education, labor, community-based organizations, and public agencies to align a variety of resources and organizations to enhance the competitiveness of the local workforce and support economic vitality in Contra Costa County. CONSEQUENCE OF NEGATIVE ACTION: The Workforce Development Board may not be able to conduct routine business. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/11/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Elaine Burres, 925-313-1717 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 30 To:Board of Supervisors From:Kathy Gallagher, Employment & Human Services Director Date:July 11, 2017 Contra Costa County Subject:Workforce Development Board of Contra Costa Resignation CHILDREN'S IMPACT STATEMENT: Not applicable. AGENDA ATTACHMENTS MINUTES ATTACHMENTS Vacancy Notice RECOMMENDATION(S): RE-APPOINT the following individual to the District V Representative Seat on the Contra Costa County Merit Board to a new term ending June 30, 2021. Antoinette (Toni) Warren Martinez, CA 94553 FISCAL IMPACT: None. BACKGROUND: The Merit Board’s jurisdiction shall be to oversee the merit system and to hear and decide the following matters: unlawful discrimination appeals or complaints, appeals from: orders and actions of dismissal, suspension, demotion or reduction of compensation; application of the layoff regulations; coerced resignation and appeals from denial of flexibly staffed promotions. CONSEQUENCE OF NEGATIVE ACTION: If this action is not approved, the Contra Costa Merit Board may not be able to meet and to carry out its vital mission. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/11/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Vincent Manuel (925) 427-8138 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 31 To:Board of Supervisors From:Federal D. Glover, District V Supervisor Date:July 11, 2017 Contra Costa County Subject:REAPPOINT Antoinette (Toni) Warren to the District V Representative Seat on the Contra Costa County Merit Board RECOMMENDATION(S): APPOINT the following individual to the Pacheco Municipal Advisory Council with a term to expire December 31, 2020. Mike Flanagan, to the Seat 2 position. Mike Flanagan Pacheco, CA 94553 FISCAL IMPACT: None. BACKGROUND: The purpose of the Pacheco Municipal Advisory Council is to advise the Board on services which are or may be provided to the community by the County or other government agencies, feasibility of organizing the existing special districts serving the community in order to provide public services such as, but not limited to, water, sewer, fire and park and recreation; and to represent the community before LAFCO and the County Planning Commission and the Zoning Administrator, and to provide input and reports to the Board, County staff or any County hearing body on issues of concern to the Pacheco community. CONSEQUENCE OF NEGATIVE ACTION: The position would remain vacant. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/11/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Vincent Manuel (925) 427-8138 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 32 To:Board of Supervisors From:Federal D. Glover, District V Supervisor Date:July 11, 2017 Contra Costa County Subject:APPOINT Mike Flanagan to the Pacheco Municipal Advisory Council to the Seat 2 Position RECOMMENDATION(S): APPOINT the following individual to the Appointee 4 Seat on the Pacheco Municipal Advisory Council with a term to expire December 31, 2021. Vincent Robb Pacheco, CA 94553 FISCAL IMPACT: None. BACKGROUND: The purpose of the Pacheco Municipal Advisory Council is to advise the Board on services which are or may be provided to the community by the County or other government agencies, feasibility of organizing the existing special districts serving the community in order to provide public services such as, but not limited to, water, sewer, fire and park and recreation; and to represent the community before LAFCO and the County Planning Commission and the Zoning Administrator, and to provide input and reports to the Board, County staff or any County hearing body on issues of concern to the Pacheco community. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/11/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Vincent Manuel (925) 427-8138 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 33 To:Board of Supervisors From:Federal D. Glover, District V Supervisor Date:July 11, 2017 Contra Costa County Subject:APPOINT Vincent Robb to the Pacheco Municipal Advisory Council to the Seat 4 Position CONSEQUENCE OF NEGATIVE ACTION: The position would remain vacant. RECOMMENDATION(S): APPOINT John Crowder to the District III Alternate Seat on the County Library Commission to a term expiring June 30, 2018, as recommended by Supervisor Diane Burgis. John Crowder Antioch, CA 94531 FISCAL IMPACT: None. BACKGROUND: The Library Commission serves in an advisory capacity to the Board of Supervisors and the County Librarian; to provide a community linkage to the County Library; to establish a forum for the community to express its views regarding goals and operations of the County Library; to assist the Board of Supervisors and the County Librarian to provide library services based on assessed public needs; and to develop and recommend proposals to the Board of Supervisors and the County Librarian for the betterment of the County Library including, but not limited to, such efforts as insuring a stable and adequate funding level for the libraries in the County. The District III Alternate seat as been vacant since June 30, 2016. Applications were accepted and the recommendation to appoint the above individual was then determined. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/11/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Lea Castleberry, (925) 252-4500 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 34 To:Board of Supervisors From:Diane Burgis, District III Supervisor Date:July 11, 2017 Contra Costa County Subject:APPOINTMENT TO COUNTY LIBRARY COMMISSION RECOMMENDATION(S): APPOINT Patrick Field to the District III Consumer Seat on the Mental Health Commission to a term expiring June 20, 2020, as recommended by Supervisor Diane Burgis. Patrick Field Walnut Creek, CA 94595 FISCAL IMPACT: None. BACKGROUND: The Mental Health Commission was created in 1993. Their mission is to review and evaluate the community's mental health needs, services, facilities, and special problems; to advise the governing body and local mental health director as to any aspect of the local mental health program; review the County's performance outcome data and communicate its findings to the State Mental Health Commission; and assess the impact of the realignment of services from the State to the County on services delivered to clients and the local community and to report the findings and recommendations to the Board of Supervisors. The District III Consumer seat has been vacant since October 18, 2016. Applications were accepted and the District III office received no District applications that qualified for the Consumer seat. Supervisor Andersen referred Mr. Field's application to the District III office and the recommendation to appoint the above individual was then determined. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/11/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Lea Castleberry, (925) 252-4500 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 35 To:Board of Supervisors From:Diane Burgis, District III Supervisor Date:July 11, 2017 Contra Costa County Subject:APPOINTMENT TO THE MENTAL HEALTH COMMISSION RECOMMENDATION(S): Approve the medical staff appointment and reappointments, additional privileges, department assignments, staff advancement, voluntary resignations, and critical care and pediatric privilege changes recommended by the Medical Staff Executive Committee, at their June 7, 2017 meeting, and by the Health Services Director. FISCAL IMPACT: Not applicable. BACKGROUND: The Joint Commission on Accreditation of Healthcare Organizations has requested that evidence of Board of Supervisors approval for each Medical Staff member will be placed in his or her Credentials File. The above recommendations for appointment/reappointment were reviewed by the Credentials Committee and approved by the Medical Executive Committee. CONSEQUENCE OF NEGATIVE ACTION: If this action is not approved, the Contra Costa Regional Medical and Contra Costa Health Centers' medical staff would not be appropriately credentialed and not be in compliance with the Joint Commission on Accreditation of Healthcare Organizations. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/11/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Anna Roth, 925-370-5101 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Tasha Scott, Marcy Wilhelm, Tami Sloan C. 36 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:July 11, 2017 Contra Costa County Subject:Medical Staff Appointments and Reappointments – June 2017 ATTACHMENTS List Criticalcare Changes PedPrivledge Changes MEC Recommendations – JUNE Definitions: A=Active C=Courtesy Aff=Affliate P/A= Provisional Active P/C= Provisional Courtesy Page 1 A. New Medical Staff Members James Anderson, MD Pediatrics Michael Bolton, MD Psychiatry/Psychology John Fordham, DO Psychiatry/Psychology Gillian Friedman, MD Psychiatry/Psychology Qyana Griffith, MD Psychiatry/Psychology Sharon Hood, MD OB/Gyn Daniel Inouye, MD Psychiatry/Psychology Ernest Lo, MD Internal Medicine Leslie Lusk, MD Pediatrics Calvin Lutrin, MD Diagnostic Imaging Barbara Sinclair, MD Family Medicine Jessica Standish, MD Hospitalist Cynthia Tsui, MD Internal Medicine Hannah Woebkenberg, MD Emergency Medicine B. Travis Resident-Family Medicine Alexander Kim, MD C. Application for Moonlighting Privileges Naman Shah, MD Family Medicine D. Application for Teleradiologist Privileges Diane Conley Diagnostic Imaging E. Request for Additional Privileges Name Department Requesting Kaya Belknap, MD Emergency Medicine ED, Hospitalist, OB Ralph Chase, MD Anesthesia ANE 1 – General Anesthesia Bonnie Kwok, MD Family Medicine Post Graduation FM David Lee, MD Family Medicine EME 12 – Joint Aspiration Sandra Murguia, NP OB/GYN Suction Endometrial Biopsy D to U Ken Saffier, MD Family Medicine Psychiatry/Psychology Abid Ahmed, MD Hospitalist Ultra Sound Melissa Ferguson, MD Hospitalist Ultra Sound Pramita Kuruvilla, MD Hospitalist Ultra Sound Brent Porteous, MD Hospitalist Ultra Sound Jeana Radosevich, MD Hospitalist Ultra Sound Jennifer Tsang, MD Hospitalist Ultra Sound F. Request to change Primary Department Requested By Original Department Requesting Department Jamie Boudreau, MD Family Medicine Pediatrics MEC Recommendations – JUNE Definitions: A=Active C=Courtesy Aff=Affliate P/A= Provisional Active P/C= Provisional Courtesy Page 2 G. Secondary Department Assignment Requested By Primary Dept. Requested Secondary Dept. Kaya Belknap, MD Emergency Medicine OB/GYN H. Tertiary Department Assignment Requested By Primary Dept. Requested Tertiary Dept. Kaya Belknap, MD Emergency Medicine Hospitalist I. Advance to Non-Provisional Autumn Broady, MD Obstetrics& Gynecology David Gurley, MD Emergency Medicine Jesse Le, MD Surgery (Urology) Mariposa McCall, MD Psychiatry/Psychology Katherine Rausa, MD Internal Medicine (Nephrology) Jayalakshmi Ravindran, MD Pediatrics Gigi Su, MD Family Medicine Janet Young, MD Internal Medicine (Nephrology) Carlos Zapata, MD Psychiatry/Psychology J. Biennial Reappointments Pyra Aarden, MD Emergency Medicine A Semon Bader, MD Surgery (General Surgery) A Veda Bhatt, MD Family Medicine A Lawrence Boly, MD Internal Medicine (Out Patient) A Jamie Boudreau, MD Family Medicine A Karen Burt, MD Family Medicine Admin Domenic Cavallaro, DDS Dental A Bridget Dyer, MD Emergency Medicine A Scott Faivre, DDS Dental A Catherine Frances, DO Psychiatry/Psychology C Lily Kao, MD Pediatrics C Meltem Karatepe, MD Pediatrics A Charleen Kim, MD Surgery (Vascular/General) A Edward Kim, MD Internal Medicine (Nephrology) C Suneil Koliwad, MD Internal Medicine (Endocrinology) C Diane Kwan, MD Surgery (General Surgery) C Rebecca Lee, MD Hospitalist A MyHoang Nguyen, MD Family Medicine A Maria Pagtalunan, MD Internal Medicine (Nephrology) C David Piccinati, MD Emergency Medicine A Taiyun Roe, MD Family Medicine A Adolfo Romero-Duran, MD Family Medicine A Macey Rosenthal, MD Psychiatry/Psychology C Jessica Selvin, Psy.D Psychiatry/Psychology A Parminder Sethi, MD Surgery A Nishant Shah, MD Family Medicine C Sandra Wai, MD Pediatrics C MEC Recommendations – JUNE Definitions: A=Active C=Courtesy Aff=Affliate P/A= Provisional Active P/C= Provisional Courtesy Page 3 K. Biennial Renew of Privileges Karen Weiss, NP Family Medicine AFF L. Voluntary Resignations Francis Barham,MD Psychiatry/Psychology Catherine Do, DDS Dental Asha Gandhi, MD Psychiatry/Psychology Anise Noggle, MD Psychiatry/Psychology June 7, 2017 Proposed Critical Care Privilege Changes Existing Privileges CC6, CC7 ANE CC EME HOSP IM CC 6 Adult Central Venous Line Placement, Monitoring and Management* D AN, EM, FP, IM, or Surg N/A N/A C AN, EM, FP, IM, or Surg 10 5 cases in last 4 years U AN, EM, FP, IM, or Surg 20 5 cases in last 2 years CC CC 7 Placement of Temporary Hemodialysis Lines* D FP, Surg or ANE N/A N/A C FP, Surg or ANE 5 1 case in last 2 years U FP, Surg or ANE 10 1 case in last 2 years Proposed Privilege Change: Merge CC7 into CC6 ANE CC EME HOSP IM CC 6 Adult Central Venous Line Placement, Monitoring and Management; Placement of Temporary Hemodialysis Lines* D AN, EM, FP, IM, or Surg N/A N/A C AN, EM, FP, IM, or Surg 10 5 cases in last 4 years U AN, EM, FP, IM, or Surg 20 5 cases in last 2 years June 7, 2017 Proposed Pediatric Privilege Changes Remove ANE 11 ANE 11 Endotracheal Intubation* D CA Lic. N/A N/A U CA Lic. 10 2 cases in last 4 years Existing Privilege PED 12 FAM HOSP PED PED 12 Care of Newborns with Complicated but Non-life- threatening Problems (e.g. low birth weight, but > 2000gms.; total bilirubin <18mg%, transient hypoglycemia not requiring IV therapy; suspected sepsis or temperature instability, congenital anomalies without distress, anemia, uncomplicated TTN). C CA Lic. N/A N/A U CA Lic. 20 3 cases in last 2 years Proposed Privilege Change: FAM HOSP PED PED 12 Care of Newborn with minimal to moderate complications including but not limited to: the care of the late preterm infant 34 – 36 6/7 weeks gestation without significant complications, low birthweight, transient hypoglycemia, sepsis risk factors, mild respiratory issues with need for no or minimal respiratory support, in utero drug exposure not requiring medical management, mild to moderate hyperbilirubinemia and congenital issues without significant clinical impact. C CA Lic. N/A N/A U CA Lic. 20 3 cases in last 2 years Existing Privilege PED 13 PED PED 13 Care of Newborns: including those with potentially life-threatening illnesses, e.g. newborns less than 35 weeks gestation, requiring >40% FiO2 or pCO2 > 50 Torr, mechanical ventilation, infants with shock, seizures, polytcythemia requiring partial exchange transfusion or with life-threatening congenital anomalies (requires current certification in AAP/AHA Neonatal Resuscitation Program) C FP or PEDS (requires current cert in AAP/AHA NRP) N/A N/A U FP or PEDS (requires current cert in AAP/AHA NRP) 30 10 cases in last 2 years Proposed Privilege Change: PED PED 13 Care of the Critically Ill Newborn with potentially life threatening conditions including but not limited to: preterm, late preterm or term infants requiring moderate to full respiratory support including CPAP, intubation and mechanical ventilation, critical congenital heart disease, neurologic issues, including preparation for brain cooling, urgent and emergent blood transfusions, sepsis and other infectious diseases, neonatal abstinence syndrome and significant congenital anomalies. C FP or PEDS (requires current cert in AAP/AHA NRP) N/A N/A U FP or PEDS (requires current cert in AAP/AHA NRP) 30 10 cases in last 2 years RECOMMENDATION(S): APPOINT Lloyd Cowell to the 2nd Alternate Seat on the Kensington Municipal Advisory Council (KMAC) to a term ending on December 31, 2018, when Supervisor Gioia's term ends. FISCAL IMPACT: None. BACKGROUND: LLoyd Cowell Kensington CA 94707 LLoyd Cowell is a Kensington resident of 16 years who is interested in serving his community, and has a background as an attorney including in business and civil matters. He also has training in alternative dispute resolution and mediation. Supervisor Gioia advertises for District 1 advisory body members in a number of ways including through the media, his website, and newsletter. He interviews qualified, eligible candidates. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/11/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Kate Rauch 510-231-8691 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 37 To:Board of Supervisors From:John Gioia, District I Supervisor Date:July 11, 2017 Contra Costa County Subject:Appoint LLoyd Cowell to Alternate Seat 2 of the Kensington Municipal Advisory Council (KMAC) ATTACHMENTS KMAC application Lloyd Cowell RECOMMENDATION(S): ACCEPT the resignations of Angela Herron, Bonnie McCreary, Natalie Oleas, Jessica Laird, and Summer Selleck; DECLARE a vacancy in the at-large seats #3, #5, #10, #13 and #14 on the Contra Costa Commission for Women; and DIRECT the Clerk of the Board to post the vacancies, as recommended by the Commission. FISCAL IMPACT: There is no fiscal impact. BACKGROUND: The Contra Costa Commission for Women (CCCW) was formed to educate the community and advise the Contra Costa County Board of Supervisors and other entities on the issues relating to the changing social and economic conditions of women in the County, with particular emphasis on the economically disadvantaged. The Committee consists of 20 members and one alternate, including: five district representatives, fifteen at large members; and one at large alternate. CCCW terms are for three years and they are staggered across the membership. Angela Herron, Bonnie McCreary, Natalie Oleas, Jessica Laird, and Summer Selleck have notified the APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/11/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS Contact: Enid Mendoza, (925) 335-1039 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: , Deputy cc: C. 38 To:Board of Supervisors From:David Twa, County Administrator Date:July 11, 2017 Contra Costa County Subject:Resignations on the Contra Costa Commission for Women BACKGROUND: (CONT'D) Commission and the County Administrator's Office of their resignations. The resignations will vacant five at-large seats with the following term expirations: At-Large seat #3 expires 2/28/2019, At-Large seat #5 expires 2/28/2019, At-Large seat #10 expires 2/28/2018, At-Large seat #13 expires 2/28/2020 and At-Large seat #14 expires 2/28/2020. CONSEQUENCE OF NEGATIVE ACTION: The resignations will not be posted and the seats will not be properly posted. CLERK'S ADDENDUM ADOPTED as presented; and REFERRED to the Internal Operations Committee AGENDA ATTACHMENTS MINUTES ATTACHMENTS Vacancy Notice RECOMMENDATION(S): ACCEPT the resignations of Luis Arenas and Deena Jones, DECLARE vacancies in the Child Care Provider 3 - Central South County seat and the Consumer 4 - East County seat on the Local Planning and Advisory Council for Early Care and Education (LPC), and DIRECT the Clerk of the Board to post the vacancies as recommended by the Contra Costa County Office of Education and the LPC. FISCAL IMPACT: There is no fiscal impact. BACKGROUND: The Local Planning and Advisory Council for Early Care and Education (LPC) coordinates programs and services affecting early child care and education, including recommendations for the allocation of federal funds to local early child care and education programs. The LPC consists of 20 members: 4 consumer representatives - a parent or person who receives or has received child care services in the past 36 months; 4 child care providers - a person who provides child care services or represents persons who provide child care services; 4 public agency representatives - a person who represents a city, APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/11/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Enid Mendoza, (925) 335-1039 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 39 To:Board of Supervisors From:David Twa, County Administrator Date:July 11, 2017 Contra Costa County Subject:Resignations on the Contra Costa Local Planning and Advisory Council for Early Care and Education (LPC) BACKGROUND: (CONT'D) county, city and county, or local education agency; 4 community representatives - a person who represents an agency or business that provides private funding for child care services or who advocates for child care services through participation in civic or community based organizations; and 4 discretionary appointees - a person appointed from any of the above four categories or outside of those categories at the discretion of the appointing agencies. On May 16, 2017, Mr. Luis Arenas and Ms. Deena Jones notified the Contra Costa County Office of Education of their resignations from the Child Care Provider 3 - Central/South County seat and the Consumer 4 - East County seat. The term expirations for these seats are April 30, 2019 and April 30, 2018, respectively. CONSEQUENCE OF NEGATIVE ACTION: The resignations will not be accepted and the vacancies will not be properly posted. AGENDA ATTACHMENTS MINUTES ATTACHMENTS Vacancy Notice RECOMMENDATION(S): APPOINT Rober Lilley to the Business Seat 9 on the Workforce Development Board with a term expiration of June 30, 2020, as recommended by the Family and Human Services Committee. FISCAL IMPACT: None. BACKGROUND: The Workforce Development Board (WDB) was created on pursuant to the Federal Workforce Investment Act of 1998 and has the responsibility for overall workforce investment policy, mandated workforce investment policy and oversight of the One-Stop Career Center system. The WDB implements federal requirements for programs to address the education, skills, and employment needs for a skilled workforce, and that lead to an increase in the skills and earnings of Contra Costa residents. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/11/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Enid Mendoza (925) 335-1039 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 40 To:Board of Supervisors From:FAMILY & HUMAN SERVICES COMMITTEE Date:July 11, 2017 Contra Costa County Subject:Appointments to the Workforce Development Board BACKGROUND: (CONT'D) January 21, 2016, the Executive Committee of the local Workforce Innovation and Opportunity Act (WIOA) board met and approved a recommended WIOA Board configuration, subsequently approved by the Board of Supervisors on March 29, 2016. The new configuration resulted in a 25 member board, which includes two alternate seats. Term appointments are for four years. On April 24, 2017 the Family and Human Services Committee met and reviewed applications from the Workforce Development Board. The Committee recommended the appointment of Robert Lilley. After the F&HS meeting, Mr. Lilley withdrew his appointment request, but has since changed his mind and is still interested in filling the seat as approved by the Family and Human Services Committee. Therefore, the recommendationn is moving forward for Board approval. CONSEQUENCE OF NEGATIVE ACTION: An important Business seat will remain vacant. RECOMMENDATION(S): APPROVE Appropriations and Revenue Adjustment No. 5098 authorizing the transfer of fiscal year 2016/17 appropriations in the amount of $40,900 from the County Service Area -6 Zone Central Administrative Base (7629) to Public Works Internal Service Fund (0064) for the purchase of a 2018 Ford F-150 Pickup Truck for use by the Sheriff's Community Services Officer assigned to Discovery Bay. FISCAL IMPACT: $40,900. 100% Discovery Bay P-6 Funds. BACKGROUND: The Discovery Bay P6 Citizens Advisory Committee recommends the expenditure of P-6 funds for the purchase of a vehicle for the Community Services Officer assigned to Discovery Bay. Adding to the Delta Station fleet to cover the new Community Services Officer position in Discovery Bay P6. This vehicle will be used for normal Community Services Officer job duties and towing of the radar trailer. CONSEQUENCE OF NEGATIVE ACTION: The Sheriff's Office will be unable to acquire the vehicle for Discovery Bay P-6. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/11/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Liz Arbuckle, 925-335-1529 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 41 To:Board of Supervisors From:David O. Livingston, Sheriff-Coroner Date:July 11, 2017 Contra Costa County Subject:Appropriation Adjustment - Discovery Bay Community Services Officer Vehicle CHILDREN'S IMPACT STATEMENT: No impact. AGENDA ATTACHMENTS Appropriations and Revenue Adjustment No. 5098 MINUTES ATTACHMENTS Signed: Appropriation and Revenue Adjustment No. 5098 RECOMMENDATION(S): OPPOSE state bills SCA 12 (Mendoza): Counties: Governing Body: County Executive and SB 649 (Hueso): Wireless Telecommunications Facilities, as recommended by the County Administrator. FISCAL IMPACT: SB 649: Cap on Fees. Establishes a fee structure based on utility pole attachment rates and prohibits a local jurisdiction from receiving additional revenue for the lease of public property (Section 3). Adds an administrative permit fee of $250, capping the funding available to cover the costs of the permitting process of small cells (Section 3). Limits Ability of Local Governments to Negotiate for Public Benefit. This bill would prohibit a city or county from requiring any in-kind contribution or public benefit. The City of Sacramento was recently able to offer 100 poles for free in exchange for free wifi in 27 local parks. This bill would eliminate other local governments from being able to negotiate similar benefits. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/11/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: L. DeLaney, 925-335-1097 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 42 To:Board of Supervisors From:David Twa, County Administrator Date:July 11, 2017 Contra Costa County Subject:SCA 12 (Mendoza) and SB 649 (Hueso): Oppose bills FISCAL IMPACT: (CONT'D) SCA 12: SCA 12’s fiscal impact on counties would be staggering even when setting aside the associated elections costs for each of the 58 counties to include the proposed measure on a statewide ballot. One-time costs following a census report would be in the millions of dollars to reorganize and renovate office space to accommodate supervisors and staff, equip new offices, and update the board chambers and public meeting space. In addition, the estimated ongoing cost of operations would easily exceed the baseline year. Despite the new cost pressures, SCA 12 states that no new expenditures can be made above the county’s 2020-21 expenditure level except for extenuating circumstances in 2020-21 or for adjustments to the Consumer Price Index BACKGROUND: Due to issues of Committee meeting timing, these bills are being sent directly to the Board of Supervisors for action. SCA 12 and SB 649 are both opposed by the California State Association of Counties (CSAC), who is requesting additional letters of opposition from counties to these bills. Summary of SCA 12 (Mendoza) SCA 12 would require a county with a population of five million or more after the 2020 census to expand the number of supervisorial districts, if approved by a statewide vote. It would also create a directly elected county executive officer position in these counties. Decisions seeking to change local government representation should be made by those most directly impacted by the outcome of such a decision – the voters of that local jurisdiction. Furthermore, the arbitrary spending caps imposed on impacted counties runs counter to the intent of the measure to improve county representation. SCA 12 imposes a top-down approach that is hampered by technical issues and policy that weakens local authority. Making matters worse, the budget approval process as outlined in SCA 12 ignores existing state statute, public opportunities for input on a proposed county budget, and the adopted fiscal year used by all 58 counties. The bill text can be found at: http://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201720180AB1250 Summary of SB 649 (Hueso) This bill would require cities and counties to lease all of our vertical infrastructure (street lights and poles) to the wireless industry, cap our rates for the mandatory leases at approximately $250 per pole, limits design review or the placement of the poles by local government, and deregulates the entire wireless industry (including cable) from any local government regulation, fee or tax. The text of the bill can be found at: http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201720180SB649 2017 CA SCA 12: Bill Analysis - 06/21/2017 - Senate Governance and Finance Committee SENATE COMMITTEE ON GOVERNANCE AND FINANCE Senator Mike McGuire, Chair 2017 - 2018 Regular Bill No: SCA 12 Hearing Date: 6/21/17 Author: Mendoza Tax Levy: No Version: 4/27/17 Fiscal: No Consultant: Favorini-Csorba Counties: governing body: county executive Requires a county with a population greater than 5 million residents after the 2020 U.S. census to have an elected county executive and a larger governing body. Background Counties fall into two types: "general law" and "charter." General law counties are organized according to the generally applicable laws for county governance established by the Legislature that set the number, appointment, and election procedures for county officials, including the board of supervisors. General law counties must also adhere to state laws which require county employees to perform most county functions and restrict counties' ability to contract-out for services. In addition, the California Constitution requires all counties to elect a sheriff, district attorney, assessor, and board of supervisors. All counties elect or appoint additional county officials. Charter counties have greater leeway to determine their own governance structure. If a county adopts its own voter-approved charter, the California Constitution requires the county to have a directly elected board of supervisors with at least five members, but a majority of voters can increase this number by amending the charter. A new charter, or the amendment of an existing charter, may be proposed by the Board of Supervisors, a charter commission, or an initiative petition. The Constitution allows charter counties to elect their supervisors by districts, from districts, or at large. There are 14 charter counties: Alameda, Butte, El Dorado, Fresno, Los Angeles, Orange, Placer, Sacramento, San Bernardino, San Diego, San Francisco, San Mateo, Santa Clara, and Tehama. San Francisco, a city and county, elects its 11 supervisors by districts. The other charter counties elect their five-member boards of supervisors by districts. Most large counties are charter counties: eight of the ten largest counties by population have adopted charters. Five counties have populations of more than 2 million residents: Los Angeles (10.1 million), San Diego (3.2 million), Orange (3.1 million), Riverside (2.3 million), and San Bernardino (2.1 million). In large counties, some observers complain that the size of the supervisorial districts result in unrepresentative democracy. Each Los Angeles County supervisor represents nearly 2 million constituents, which is larger than the countywide population in 53 of California's 58 counties. Although voters can amend their county's charter to expand the number of supervisors, there are no recent successes: * On November 6, 1962, Los Angeles County voters rejected Proposition D, which would have expanded the Board of Supervisors from five members to seven members. * At the November 2, 1976 General Election, Los Angeles County voters rejected Proposition B, which would have expanded the Board of Supervisors from five members to nine members. * Proposition C on the November 3, 1992 ballot, would have increased the Los Angeles County Board of Supervisors from five to nine members, failed by a margin of about two-to-one. * On the March 26, 1996 primary ballot, voters in Orange County rejected Measure U, a charter proposal to expand the board of supervisors from five members to nine members. * On November 7, 2000, more than 64% of Los Angeles County voters rejected Measure A, which would have increased the number of county supervisors from five to nine. County Governance. The board of supervisors has the legislative power to enact ordinances and resolutions for the county. Unlike the state and federal legislatures, however, the board of supervisors also has executive and judicial powers (except in the City and County of San Francisco, which elects a mayor as the chief executive). In its executive role, the board oversees the operations and budgets of county departments, sets priorities for programs, has sole approval over the county's budget, supervises the conduct of other officials, and controls county property. Finally, the board has quasi-judicial power to resolve claims against the county in certain circumstances and may adjudicate appeals for permits and other land use approvals. Among other roles, the board of supervisors appoints a county administrative officer (CAO) or similarly titled position that heads the executive branch, directs the operations of county departments and performs administrative tasks. The specific authorities that the board of supervisors grants to a CAO can vary by county. The CAO generally prepares the budget and coordinates the actions of department heads but may also assist with labor negotiations on behalf of the board and act as the chief financial officer (along with other county officers such as the treasurer-tax collector and auditor-controller). Department heads may report directly to the board of supervisors or to the CAO. For example, under Los Angeles County's current system, all 34 appointed department heads report directly to the board, while in Orange County, most department heads report to the CAO equivalent in that county: the "County Executive Officer." The Senate Governance and Finance Committee and the Senate Elections and Constitutional Amendments Committee held an informational hearing on October 27, 2016 to explore several issues associated with county governance, including: * Should the size of county boards of supervisors be increased? If so, by how much, and should the county's population or other demographics be a determining factor? * Should counties, like some other jurisdictions, have an elected executive? If so, what should their duties and powers entail? * Assuming changes should be made, what role should the state play in enacting those changes? Is it more appropriate for them to be addressed solely by the counties and their voters? Some observers suggest that the governance structure in California's most populous counties has not adapted to meet new challenges brought on by recent demographic changes and demands placed on those counties as populations have grown. They want the Legislature to propose an amendment to the California Constitution that, if approved by California voters, would expand the Los Angeles Board of Supervisors to at least seven members and would establish an elected county executive position. Proposed Law Senate Constitutional Amendment 12 establishes a larger board and an elected county executive in each county with a population of more than 5 million residents at a decennial United States census, beginning with the 2020 United States census. Specifically, by January 1, 2022 the governing board of such a county must consist of enough members so as to ensure that each member represents a population equivalent to no more than two districts in the United States House of Representatives. SCA 12 requires all members of the board to be elected by district and to reside within the district that the member represents and limits board members to serving no more than 3 terms of 4 years each. Any additional members must be elected at a general election on or after January 1, 2022 and must follow the same terms and laws applicable to the other members, except that the terms of no more than half of the additional members can be shortened to provide for staggered terms. SCA 12 also requires a county with more than 5 million residents to have an elected executive, who may serve no more than 2 terms of 6 years each and who must be elected at a general election. SCA 12 grants that executive several powers, including to: * Appoint, supervise, and dismiss any person appointed to the position of department head or its equivalent; * Appoint--subject to confirmation by the governing body of the county--the members of any commission of the county, and; * Develop and submit an annual budget to the county. SCA 12 requires the elected county executive to submit an annual budget to the board within 45 days of the adoption of the state budget. Within 90 days of receipt, the board must review and approve the budget, with or without amendments, and transmit it to the county executive for approval. The county executive must, within 15 days, either approve the budget as transmitted by the board, or approve the budget with any line-item vetoes, and then return the budget to the board. SCA 12 allows either the county executive or the board to propose an amendment to the budget, which must be approved by a two-thirds vote of the board. SCA 12 allows the board to override any line-item vetoes within 15 days of such vetoes with a two-thirds vote. SCA 12 also allows the board, after providing 30 days' notice, to override the hiring or dismissal of any department head with a two-thirds vote. In a county with a population of more than 5 million residents, SCA 12 caps expenditures for the governing board and its staff at the amount budgeted for the fiscal year after the census in which the county population exceeds 5 million residents. SCA 12 further requires the budget for the newly-created elected county executive to be based on the budget of the county's existing chief executive officer or equivalent in the year that SCA 12 is approved by the voters. Both the county executive and the board's budget may subsequently be increased to account for inflation and to address contingencies unaccounted for during the year the census was conducted or the year SCA 12 is approved by voters, as applicable. SCA 12 also sets the compensation for the county executive at the salary paid to the presiding judge of the superior court. SCA 12 provides that its provisions are severable and makes other technical and conforming changes to existing constitutional provisions governing: (1) governing board composition, compensation, and method of election; and (2) compensation, terms, and removal of county officers. State Revenue Impact No estimate. Comments 1. Purpose of the bill. In 1850, Los Angeles County's five-member board of supervisors governed just 3,530 people. Today, five Los Angeles County Supervisors govern more than 10 million county residents, a population larger than most states' populations. Even though charter counties can boost the size of their boards of supervisors and create numerically more representative governments, no recent ballot measure has succeeded. Massive supervisorial districts create barriers to running for a seat on a county board and make it difficult for supervisors to engage with and respond to their constituents. If county government structures don't adapt to the enormous changes in the size, demographic composition, and service needs of their populations, some county residents may become increasingly frustrated and disengaged. The current governance structure also results in ineffectual policies and counterproductive direction to executive departments, as noted in a 2016 report by the Los Angeles County Grand Jury. SCA 12 will make county governments more responsive and representative by adding two board members and an elected county executive to California's largest county and future-proofs the California Constitution by establishing a formula that will increase the number of seats as county populations increase. SCA 12 also ensures that taxpayer dollars go to services, not administration, by limiting the budgets of the larger board and elected executive. 2. Home rule. Counties adopt voter-approved charters to gain more local control over their governance and employees. Voters in any county can adopt a charter that calls for more county supervisors or an elected county executive. But over a span of more than four decades, Los Angeles County voters have rejected multiple charter amendments that would have expanded the board of supervisors and defeated two prior proposals to elect an executive for Los Angeles County, in 1992 and 1978. If local voters don't support these changes, why should legislators ask voters throughout California to amend the Constitution to tell Los Angeles County residents how to govern themselves? SCA 12 may not be consistent with the home-rule purpose of county charters. 3. The magic number. The extreme ratio between constituents and supervisors can lead to political alienation and a lack of political responsiveness. As a result, large counties may be abdicating a key role of local governments: to be the government closest to the people. SCA 12 attempts to address this by requiring each supervisor to represent no more than the number of people in two congressional districts. Congressional apportionment for California's representatives following the 2010 census resulted in an average district size of 704,565 people, meaning each supervisor in counties of greater than 5 million people could represent up to 1.4 million people. This formula raises a number of questions, including: * Will SCA 12's formula produce the desired improvements in responsiveness and representativeness? For example, SCA 12 would result in two new seats on the Los Angeles County Board of Supervisors, but a 2016 report by the Los Angeles County Civil Grand Jury recommended adding 6 new seats to that county's board. * Would a larger board slow down decision-making? A greater number of supervisors may find it more difficult to reach agreement, slowing down the policy-making process and undermining any hoped-for gains. The formula in SCA 12 could further compound these issues by potentially resulting in an even number of supervisors as counties grow. * Is 5 million people the correct trigger for expanding the board? SCA 12's formula presumes that one supervisor can adequately represent one million people in matters of local government--a ratio smaller than that for the California Assembly. Previous legislative attempts to increase board size (discussed below) would have affected counties with as few as 1.5 million people. * Is basing the number of seats off of congressional districts the right metric? The House of Representatives has not increased the number of its members since 1911, at which time the average district was less than a third the size of the average district today. Over time, any gains in representativeness from SCA 12 may be eroded as populations increase. Alternative formulas based more directly on population would maintain a stable ratio between county residents and supervisors. 4. Let's be clear. For counties of over 5 million people, SCA 12 substitutes a formula for the requirement that boards of supervisors must be composed of five or more members. But under the formula in SCA 12, only counties with over 7 million people would be required to add another seat, and counties with between 5 million and 5.6 million people could reduce their board to four and still be in compliance. While no county currently falls within this range, over time, other large counties in California may grow to reach this threshold--and this range may increase if the number of seats in the House of Representatives continues to remain flat. The Committee may wish to consider amending SCA 12 to provide that counties of over 5 million people must have no less than five supervisors or one supervisor for every two congressional districts, whichever is greater. 5. Nudge. One possible way to balance the desire of state legislators to improve the responsiveness and representativeness with local autonomy over governance structures could be to require large counties to periodically hold an election on increasing the number of county supervisors and adding an elected county executive. A recurring election requirement could ensure that the issue of modifying county governance would regularly be placed on voters' agenda without overriding local voter preferences. SCA 17 (Marks, 1993) proposed such an approach. That measure would have required populous charter counties to hold an election on increasing the number of county supervisors--based on the population in the county--after each census. Under SCA 17, voters would be asked to increase the number of supervisors to seven members in counties with 1.5 million to 3 million people, nine members in counties with 3 million to 5 million people, and 11 members in counties with more than 5 million people. SCA 17 died in the Senate Local Government Committee without being heard. 6. Playing politics. Every county has a CAO or equivalent that is an appointed--rather than elected--position. These staff are professional administrators, not politicians. Some counties are concerned that replacing an appointed position with an elected one may result in political dynamics taking priority over policy or administrative expertise. On the other hand, many levels of government function with elected executive positions. Five of California's largest cities have mayors that serve as the head of the executive branch and are elected by a citywide vote: Los Angeles, San Diego, San Francisco, Fresno, and Oakland. Outside of California, many of the largest counties in the nation have elected county executives, including the counties that encompass the cities of Chicago, Houston, Miami, Dallas, Seattle, and Fort Worth. In addition, nearly all counties in Texas, Arkansas, Tennessee, and Kentucky elect their county executives. Some scholars further argue that a CAO that is responsible to five elected officials who may have the narrow interests of their districts in mind may be deprived of the ability to consider the needs of the entire county. A county executive that is elected county-wide may be better positioned to resist these pressures, provide consistent leadership, and implement policies to achieve long-term goals. 7. Who's got the power? An elected county executive could be endowed with a variety of powers, such as the ability to hire and terminate department heads and other personnel, propose a budget, spend money, enter into agreements with other governments, control county property, or veto legislation. Greater authority could enhance the ability of an elected county executive to elevate countywide concerns or break through impasses. But granting too much authority to a single individual might undermine the very separation of powers that the elected executive is intended to strengthen. SCA 12 grants the elected executive the authority to develop the budget and veto line items, and appoint department heads and members of any commissions of the county. The board of supervisors may override any of these decisions with a two-thirds vote. There are other powers that SCA 12 does not grant to the elected county executive but that are common among elected executives at the state and federal level, such as veto authority over legislation. Does this measure strike the right balance of powers for the elected executive? 8. Lean and mean. Some voters may be concerned that increasing the number of supervisors and adding an elected county executive will simply drive up administrative costs without improving service. Accordingly, SCA 12 caps the expenditures of the board and elected executive at the amounts budgeted in the year of the census that triggers SCA 12's provisions, adjusted for inflation and taking account of any contingencies during the fiscal year in which the census was conducted. However, a larger board may incur necessary and prudent administrative costs that increase faster than the rate of inflation. Moreover, an elected county executive that is responsible for exercising the significant powers granted by the bill may reasonably require more staff and other resources than the administrative office that it replaces. These caps may therefore potentially impair county governance and reduce the service provided to county residents. The Committee may wish to consider amending SCA 12 to allow for adjustments due to unforeseen circumstances in future years as well as in the year that the additional seats and county executive are added. 9. Follow the money. The County Budget Act spells out the procedures that county officials must follow when adopting an annual budget. The Act requires counties to use a two-step process in which a board of supervisors must annually approve a recommended budget on or before June 30. The recommended budget provides interim authority for county government spending during the period of time after the fiscal year begins on July 1 and before the board of supervisors adopts a final budget, which must happen on or before October 2. The adopted final budget may be modified due to unforeseen revenues or expenditure needs with approval of four-fifths of the board of supervisors. SCA 12 establishes an alternative schedule for county budget approval in counties with over 5 million residents. This schedule differs substantially from the timeline established by the County Budget Act and could result in a final county budget not being approved until near the end of November, almost five months into the fiscal year. In order to ensure the timely adoption of a county budget, the Committee may wish to consider amending SCA 12 to align more closely with the timelines in the County Budget Act. 10. Prior legislation. In 2015, the Senate Governance and Finance Committee approved SCA 8 (Mendoza, 2015), which would have expanded the Board of Supervisors in several large counties, although it did not advance from the Senate floor. If it had been passed by the Legislature and approved by voters at a statewide election, the final version of SCA 8 would have required counties with more than three million residents to be governed by a body of seven or more members, beginning with the 2020 decennial United States Census. SCA 8 lacked the elected county executive as proposed in SCA 12, but would have also capped expenditures for the governing body and its staff in those counties at the amount that was allocated for those purposes in the fiscal year after the release of the census finding a population of more than three million people, adjusted for inflation. SCA 12 is also similar to SCA 7 (Polanco, 1999), which would have expanded the board of supervisors in any charter county with more than 5 million residents from five members to seven members. SCA 7 was passed by the Senate, but died in an Assembly policy committee. 11. Double-referral. The Senate Rules Committee has ordered a double-referral of SCA 12--first to the Senate Governance & Finance Committee which has policy jurisdiction over county governments, and then to the Senate Elections & Constitutional Amendments Committee, which has jurisdiction over all proposed constitutional amendments. Support and Opposition (6/15/17) Support: Unknown. Opposition: AFSCME; California State Association of Counties; Coalition of County Unions, Los Angeles; County Administrative Officers Association of California; County Behavioral Health Directors Association; County of Los Angeles; County of Orange; County of Riverside; County of San Diego; Los Angeles Area Chamber of Commerce; Los Angeles County Federation of Labor; Los Angeles County Probation Officers Union; Los Angeles Supervisor Sheila Kuehl; NAACP--California; Urban Counties of California; Valley Industry and Commerce Association. 2017 CA S 649: Bill Analysis - 06/28/2017 - Assembly Local Government Committee, Hearing Date 06/28/2017 Date of Hearing: June 28, 2017 ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT Cecilia Aguiar-Curry, Chair SB 649 (Hueso) - As Amended June 20, 2017 SENATE VOTE: 32-1 SUBJECT: Wireless telecommunications facilities. SUMMARY: Establishes permitting and leasing requirements for small cell wireless facilities that cities and counties must follow, requires cities and counties to automatically renew permits for wireless facilities generally, and makes a number of other changes to law governing small cell wireless facilities. Specifically, this bill: 1) Requires a small cell to be a permitted use subject only to a permitting process adopted by a city or county pursuant to 2), below, if it satisfies the following requirements: a) The small cell is located in the public rights-of-way in any zone or in any zone that includes a commercial or industrial use; b) The small cell complies with all applicable federal, state, and local health and safety regulations, including the federal Americans with Disabilities Act (ADA); and, c) The small cell is not located on a fire department facility. 2) Allows a city or a county to require that the small cell be approved pursuant to a building permit or its functional equivalent in connection with placement outside of the public rights-of-way or an encroachment permit or its functional equivalent issued consistent with Sections 7901 and 7901.1 of the Public Utilities Code for the placement in public rights-of-way, and any additional ministerial permits, provided that all permits are issued within the timeframes required by state and federal law. 3) Allows permits issued pursuant to 2), above, to be subject to the following: a) The same permit requirements as for similar construction projects and applied in a nondiscriminatory manner; b) A requirement to submit additional information showing that the small cell complies with the Federal Communications Commission's (FCC) regulations concerning radio frequency emissions, as specified; c) A condition that the applicable permit may be rescinded if construction is not substantially commenced within one year. Absent a showing of good cause, an applicant under this section may not renew the permit or resubmit an application to develop a small cell at the same location within six months of rescission; d) A condition that small cells no longer used to provide service shall be removed at no cost to the city or county; e) Compliance with building codes, including building code structural requirements; f) A condition that the applicant pay all electricity costs associated with the operation of the small cell; and, g) A condition to comply with feasible design and collocation standards on a small cell to be installed on property not in the rights-of-way. 4) Prohibits permits issued pursuant to 2), above, from being subject to: a) Requirements to provide additional services, directly or indirectly, including, but not limited to, in-kind contributions from the applicant such as reserving fiber, conduit, or pole space; b) The submission of any additional information other than that required of similar construction projects, except as specifically provided in this bill; c) Limitations on routine maintenance or the replacement of small cells with small cells that are substantially similar, the same size or smaller; and, d) The regulation of any micro wireless facilities mounted on a span of wire. 5) Prohibits a city or county from imposing permitting requirements or fees on the installation, placement, maintenance, or replacement of micro wireless facilities that are suspended, whether embedded or attached, on cables or lines that are strung between existing utility poles in compliance with state safety codes. 6) Prohibits a city or county from precluding the leasing or licensing of its vertical infrastructure located in public rights-of-way or public utility easements under these terms: a) Vertical infrastructure shall be made available for the placement of small cells under fair and reasonable fees [subject to the requirements in 7), below], terms, and conditions, which may include feasible design and collocation standards; and, b) A city or county may reserve capacity on vertical infrastructure if the city or county adopts a resolution finding, based on substantial evidence in the record, that the capacity is needed for projected city or county uses. 7) Provides that a city or county may charge the following fees: a) An annual administrative permit fee not to exceed $250 for each small cell attached to city or county vertical infrastructure; and, b) An annual attachment rate that does not exceed an amount resulting from the following requirements: b.i) The city or county shall calculate the rate by multiplying the percentage of the total usable space that would be occupied by the attachment by the annual costs of ownership of the vertical infrastructure and its anchor, if any; and, b.ii) The city or county shall not levy a rate that exceeds the estimated amount required to provide use of the vertical infrastructure for which the annual recurring rate is levied. If the rate creates revenues in excess of actual costs, the city or county shall use those revenues to reduce the rate; and, c) A one-time reimbursement fee for actual costs incurred by the city or county for rearrangements performed at the request of the small cell provider. 8) Provides the following definitions for purposes of the annual attachment rate described in 7) b), above: a) "Annual costs of ownership" means the annual capital costs and annual operating costs of the vertical infrastructure, which shall be the average costs of all similar vertical infrastructure owned or controlled by the city or county. The basis for the computation of annual capital costs shall be historical capital costs less depreciation. The accounting upon which the historical capital costs are determined shall include a credit for all reimbursed capital costs. Depreciation shall be based upon the average service life of the vertical infrastructure. Annual cost of ownership does not include costs for any property not necessary for use by the small cell; and, b) "Usable space" means the space above the minimum grade that can be used for the attachment of antennas and associated ancillary equipment. 9) Requires a city or a county to comply with the following before adopting or increasing the rate described in 7) b), above: a) At least 14 days before the hearing described in c), below, the city or county shall provide notice of the time and place of the meeting, including a general explanation of the matter to be considered; b) At least 10 days before the hearing described in c), below, the city or county shall make available to the public data indicating the cost, or estimated cost, to make vertical structures available for use under this bill if the city or county adopts or increases the proposed rate; c) The city or county shall, as a part of a regularly scheduled public meeting, hold at least one open and public hearing at which time the city or county shall permit the public to make oral or written presentations relating to the rate. The city or county shall include a description of the rate in the notice and agenda of the public meeting in accordance with the Ralph M. Brown Act (Brown Act); and, d) The city or county may approve the ordinance or resolution to adopt or increase the rate at a regularly scheduled open meeting that occurs at least 30 days after the initial public meeting described in c), above. 10) Requires a judicial action or proceeding to attack, review, set aside, void, or annul an ordinance or resolution adopting, or increasing, a fee described in 7), above, to be commenced within 120 days of the effective date of the ordinance or resolution adopting or increasing the fee, as specified. 11) Specifies that this bill does not prohibit a wireless service provider and a city or county from mutually agreeing to an annual administrative permit fee or attachment rate that is less than the fees or rates established in this bill. 12) Prohibits a city or county from discriminating against the deployment of a small cell on property owned by the city or county and requires a city or a county to make space available on property not located in the public rights-of-way under terms and conditions that are no less favorable than the terms and conditions under which the space is made available for comparable commercial projects or uses. These installations shall be subject to reasonable and nondiscriminatory rates, terms, and conditions, which may include feasible design and collocation standards. 13) Provides that this bill does not alter, modify, or amend any franchise or franchise requirements under state or federal law, as specified. 14) Provides that existing agreements between a wireless service provider, or its agents and assigns, and a city, a county, or a city or county's agents and assigns, regarding the leasing or licensing of vertical infrastructure entered into before the operative date of this section remain in effect, subject to applicable termination or other provisions in the existing agreement, or unless otherwise modified by mutual agreement of the parties. A wireless service provider may require the rates of this section for new small cells sites that are deployed after the operative date of this section in accordance with applicable change of law provisions in the existing agreements. 15) Provides that nothing in this bill shall be construed to authorize or impose an obligation to charge a use fee different than that authorized by existing law on a local publicly owned electric utility. 16) Provides that this bill does not change or remove any obligation by the owner or operator of a small cell to comply with a local publicly owned electric utility's reasonable and feasible safety, reliability, and engineering policies. 17) Requires a city or a county to consult with the utility director of a local publicly owned electric utility when adopting an ordinance or establishing permitting processes consistent with this bill that impact the local publicly owned electric utility. 18) States that, except as provided in 1) through 5), above, nothing in this bill shall be construed to modify the rules and compensation structure that have been adopted for an attachment to a utility pole owned by an electrical corporation or telephone corporation, as specified, including, but not limited to, decisions of the PUC adopting rules and a compensation structure for an attachment to a utility pole owned by an electrical corporation or telephone corporation, as specified. 19) Provides that nothing in this bill shall be construed to modify any applicable rules adopted by the Public Utilities Commission, including General Order 95 requirements, regarding the attachment of wireless facilities to a utility pole owned by an electrical corporation or telephone corporation, as specified. 20) Prohibits a city or county from adopting or enforcing any regulation on the placement or operation of communications facilities in the rights-of-way by a provider authorized by state law to operate in the rights-of-way, and from regulating any communications services or imposing or collecting any tax, fee, or charge not specifically authorized under state law, with specified exceptions. 21) Amends existing law that governs permits for wireless telecommunications facilities (not just small cells), which allows cities and counties to limit permits to 10 years, by requiring permits to be renewed for equivalent durations, unless the city or county makes a finding that the wireless telecommunications facility does not comply with the codes and permit conditions applicable at the time the permit was initially approved. 22) Provides the following definitions: a) "Micro wireless facility" means a small cell that is no larger than 24 inches long, 15 inches in width, 12 inches in height, and that has an exterior antenna, if any, no longer than 11 inches; b) "Small cell" means a wireless telecommunications facility (as defined in existing law to mean equipment and network components such as towers, utility poles, transmitters, base stations, and emergency power systems that are integral to providing wireless telecommunications services), or a wireless facility that uses licensed or unlicensed spectrum and that meets the following qualifications: b.i) The small cell antennas on the structure, excluding the associated equipment, total no more than six cubic feet in volume, whether an array or separate; b.ii) Any individual piece of associated equipment on pole structures does not exceed nine cubic feet; b.iii) The cumulative total of associated equipment on pole structures does not exceed 21 cubic feet; b.iv) The cumulative total of any ground-mounted equipment along with the associated equipment on any pole or nonpole structure does not exceed 35 cubic feet; and, b.v) The following types of associated ancillary equipment are not included in the calculation of equipment volume: electric meters and any required pedestal; concealment elements; any telecommunications demarcation box; grounding equipment; power transfer switch; cutoff switch; vertical cable runs for the connection of power and other services; and, equipment concealed within an existing building or structure; c) "Small cell" includes a micro wireless facility; d) "Small cell" does not include the following: d.i) Wireline backhaul facility, which is defined to mean a facility used for the transport of communications data by wire from wireless facilities to a network; d.ii) Coaxial or fiber optic cables that are not immediately adjacent to or directly associated with a particular antenna or collocation; d.iii) Wireless facilities placed in any historic district listed in the National Park Service Certified State or Local Historic Districts or in any historical district listed on the California Register of Historical Resources or placed in coastal zones subject to the jurisdiction of the California Coastal Commission; or, d.iv) The underlying vertical infrastructure. e) "Vertical infrastructure" means all poles or similar facilities owned or controlled by a city or county that are in the public rights-of-way or public utility easements and meant for, or used in whole or in part for, communications service, electric service, lighting, traffic control, or similar functions. The term "controlled" means having the right to allow subleases or sublicensing. A city or county may impose feasible design or collocation standards for small cells placed on vertical infrastructure, including the placement of associated equipment on the vertical infrastructure or the ground. 23) Finds and declares that, to ensure that communities across the state have access to the most advanced communications technologies and the transformative solutions that robust wireless and wireline connectivity enables, such as Smart Communities and the Internet of Things, California should work in coordination with federal, state, and local officials to create a statewide framework for the deployment of advanced wireless communications infrastructure in California that does all of the following: a) Reaffirms local governments' historic role and authority with respect to communications infrastructure siting and construction generally; b) Reaffirms that deployment of telecommunications facilities in the rights-of-way is a matter of statewide concern, subject to a statewide franchise, and that expeditious deployment of telecommunications networks generally is a matter of both statewide and national concern; c) Recognizes that the impact on local interests from individual small wireless facilities will be sufficiently minor and that such deployments should be a permitted use statewide and should not be subject to discretionary zoning review; d) Requires expiring permits for these facilities to be renewed so long as the site maintains compliance with use conditions adopted at the time the site was originally approved; e) Requires providers to obtain all applicable building or encroachment permits and comply with all related health, safety, and objective aesthetic requirements for small wireless facility deployments on a ministerial basis; f) Grants providers fair, reasonable, nondiscriminatory, and nonexclusive access to locally owned utility poles, streetlights, and other suitable host infrastructure located within the public rights-of-way and in other local public places such as stadiums, parks, campuses, hospitals, transit stations, and public buildings consistent with all applicable health and safety requirements, including Public Utilities Commission General Order 95; g) Provides for full recovery by local governments of the costs of attaching small wireless facilities to utility poles, streetlights, and other suitable host infrastructure in a manner that is consistent with existing federal and state laws governing utility pole attachments generally; h) Permits local governments to charge wireless permit fees that are fair, reasonable, nondiscriminatory, and cost based; and, i) Advances technological and competitive neutrality while not adding new requirements on competing providers that do not exist today. 24) Finds and declares that small cells, as defined in this bill, have a significant economic impact in California and are not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution, but are a matter of statewide concern. 25) Provides that no reimbursement is required by this bill because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, as specified. FISCAL EFFECT: Unknown COMMENTS: 1) Author's Statement. According to the author, "SB 649 recognizes the public-policy benefit and exploding consumer demand for greater, faster access to next-generation wireless networks - and establishes a reliable and standardized process for siting the physical infrastructure necessary to meet that demand. For California to remain technologically competitive and to ensure the benefits of innovation are reaching every community, we must do all we can - as fast as we can - to make next-generation 5G wireless networks a reality. "In fact, recent studies have shown that widespread 5G investment in California will generate billions in economic growth and billions more in savings from wireless-enabled smart community solutions - lowered energy use, reduced traffic and fuel costs and improved public safety applications. But building the wireless network of tomorrow requires the rapid deployment of small cell structures. SB 649 does not affect the ability of local governments to manage its public rights of way or to impose reasonable fees, terms and conditions to access to city or county owned property. This bill is designed to benefit California consumers and businesses, who have overwhelmingly told us that they want California to stay at the forefront of the wireless economy." This bill is sponsored by CTIA. 2) Small Cells. According to an FCC report and order released in 2014, "The increasing demand for advanced wireless services and greater wireless bandwidth is driving an urgent and growing need for additional infrastructure deployment and new infrastructure technologies. To meet localized needs for coverage and increased capacity in outdoor and indoor environments, many wireless providers have turned in part to distributed antenna system (DAS) networks and small-cell technologies. "Small cells are low-powered wireless base stations that function like cells in a mobile wireless network, typically covering targeted indoor or localized outdoor areas ranging in size from homes and offices to stadiums, shopping malls, hospitals, and metropolitan outdoor spaces. Wireless service providers often use small cells to provide connectivity to their subscribers in areas that present capacity and coverage challenges to traditional wide-area macrocell networks, such as coverage gaps created by buildings, tower siting difficulties, and challenging terrain. Because these cells are significantly smaller in coverage area than traditional macrocells, networks that incorporate small-cell technology can reuse scarce wireless frequencies, thus greatly increasing spectral efficiency and data capacity within the network footprint. For example, deploying ten small cells in a coverage area that can be served by a single macrocell could result in a tenfold increase in capacity while using the same quantity of spectrum... "(W)hereas small cells are usually operator-managed and support only a single wireless service provider, DAS networks can often accommodate multiple providers using different frequencies and/or wireless air interfaces. Small wireless technologies like DAS and small cells have a number of advantages over traditional macrocells. Because the facilities deployed at each node are physically much smaller than macrocell antennas and associated equipment and do not require the same elevation, they can be placed on light stanchions, utility poles, building walls and rooftops, and other small structures either privately owned or in the public rights-of-way. Thus, providers can deploy the technologies in geographic areas, such as densely populated urban areas, where traditional towers are not feasible or in areas, such as stadiums, where localized wireless traffic demands would require an unrealistic number of macrocells. In addition, because these technologies utilize small equipment and transmit at signal power levels much lower than macrocells, they can be deployed in indoor environments to improve interior wireless services... "...DAS and small-cell deployments are a comparatively cost-effective way of addressing increased demand for wireless broadband services, particularly in urban areas. As a result, providers are rapidly increasing their use of these technologies, and the growth is projected to increase exponentially in the coming years. According to one estimate, more than 37 million small cells will be deployed by 2017...(and) one study projects that aggregate small-cell capacity will overtake macrocell capacity by 2016-2017. As they are increasingly relied upon, DAS and small-cell technologies are also posing new logistical deployment challenges. In particular, because individual DAS nodes and small cells cover small areas, providers must often deploy a substantial number of nodes to achieve the seamless coverage of a single macrocell." 3) Federal Law Governing Wireless Siting by Local Governments. Two federal laws - the Telecommunications Act of 1996 and a portion of the Middle Class Tax Relief and Job Creation Act of 2012 known as the "Spectrum Act" - require local governments to act within a "reasonable period of time" on permits for siting wireless facilities. The FCC is responsible for administering these laws. In 2009 and 2014, the FCC issued two decisions to clarify the definition of a period of time that is presumed to be reasonable for various categories of wireless telecommunications facilities. Specifically, the FCC established a shot clock by ruling that local governments should generally approve or disapprove applications for projects within the following time frames: a) 60 days for a project that is an "eligible facilities request," which is defined by the FCC as a collocation on an existing facility that does not substantially change its physical dimensions; b) 90 days for a project that is a collocation that substantially changes the dimensions of the facility, but does not substantially change its size; and, c) 150 days for projects that are new sites for wireless facilities. In May of this year, the FCC issued a Notice of Proposed Rulemaking and Notice of Inquiry to examine the regulatory impediments to wireless network infrastructure investment and deployment, looking specifically at how state and local processes affect the speed and cost of infrastructure deployment and asking for comment on improving state and local infrastructure reviews, such as zoning requests. Comments were due June 9th. 4) State Law Governing Wireless Siting by Local Governments. Providers of wireless telecommunications services must apply to cities and counties for permits to build structures or other wireless facilities that support wireless telecommunications equipment, like antennae and related devices. Wireless carriers must also obtain local approval to place additional telecommunications equipment on facilities where that equipment already exists, known as "collocations." Telecommunications companies have the right to access utility poles in the public right-of-way, governed by a set of state regulations. State law establishes a framework, process, and procedures governing the attachment of telecommunications facilities to investor-owned utility poles and municipal utility poles, providing the PUC the authority to establish and enforce rates, terms and conditions for pole attachments. Under this framework, telecommunications companies may erect poles and attach to investor-owned and municipal utility poles under specified cost-based rates. Local governments may not block utility pole attachments, but can regulate the time, manner, and place of pole attachments in the right of way under Sections 7901 and 7901.1 of the Public Utilities Code. In addition, investor-owned utilities and municipal utilities can only charge cost-based rates for attaching to their poles. However, these restrictions do not apply to other infrastructure in the right of way, such as light poles and streetlights, or outside of the right of way. In those cases, local governments can impose conditions on many types of wireless facilities and negotiate payments for the use of their infrastructure. These agreements are negotiated on an ad hoc basis and contain provisions that vary from locality to locality. In addition to the federal shot clock described above, AB 57 (Quirk), Chapter 685, Statutes of 2015, provided that a collocation or siting application for a wireless telecommunications facility is deemed approved if a city or county fails to approve or disapprove the application within reasonable time periods specified in applicable decisions of the FCC. 5) Stated Need for This Bill. The proponents of this measure estimate a need to deploy 30,000-50,000 small cells statewide over the next five to seven years to meet their customer demand. They argue that this volume of small cell deployments will require the use of already-existing buildings and other infrastructure, specifically infrastructure in the public rights-of-way that local governments own. Despite the requirements of the federal shot clock and AB 57, wireless carriers also argue that existing permit processes will not allow this roll-out quickly enough. Finally, proponents argue that lease costs - including in-kind items such as free Wi-Fi or other contributions - that cities and counties demand in agreements with wireless service providers are barriers to their ability to meet this customer demand. They are seeking this bill as a solution to these stated needs and problems. 6) Bill Summary. This bill establishes a process that cities and counties must follow that is unique to the permitting of small cells, limits the compensation that cities and counties can negotiate when a wireless carrier wishes to use a local government's vertical infrastructure for small cells, prohibits cities and counties from precluding the placement of small cells on their infrastructure in the public rights-of-way, and makes a number of additional changes to law governing the siting of small cells, and to permits for wireless facilities generally. Among its many provisions, this bill requires a small cell to be a permitted use, subject only to a permitting process adopted by a city or county as specified below, if it satisfies the following requirements: a) The small cell is located in the public rights-of-way in any zone or in any zone that includes a commercial or industrial use (which would include a mixed-use zone); b) The small cell complies with all applicable federal, state, and local health and safety regulations, including the federal ADA; and, c) The small cell is not located on a fire department facility. Approval of a small cell is limited to a building permit or its functional equivalent for placements outside of the right-of-way, or an encroachment permit or its functional equivalent issued as specified, and any additional ministerial permits, provided all permits are issued within timeframes required by state and federal law. Permits may be subject to specified conditions including, among others: a requirement to submit information showing compliance with FCC regulations concerning radio frequency emissions; a condition that small cells not being used to provide service be removed; and, a condition to comply with feasible design and collocation standards on a small cell to be installed on property not in the rights-of way. Permits may not be subject to any of the following: requirements to provide additional services, including in-kind contributions from the applicant such as reserving fiber, conduit, or pole space; the submission of any additional information other than that required of similar construction projects, except as otherwise provided in the bill; limitations on routine maintenance or the replacement of small cells with small cells that are substantially similar, the same size, or smaller; and, the regulation of any micro wireless facilities mounted on a span of wire. A city or a county is not allowed to preclude the leasing or licensing of its vertical infrastructure located in public rights-of-way or public utility easements, and it must make its vertical infrastructure available for the placement of small cells under fair and reasonable fees (as defined below), terms, and conditions that may include feasible design and collocation standards. Vertical infrastructure is defined as all poles or similar facilities owned or controlled by a city or county that are in the public right-of-way or utility easements and meant for, or used in whole or part for, communications service, electric service, lighting, traffic control, or similar functions. A city or a county may reserve capacity on its own vertical infrastructure only if it adopts a resolution finding, based on substantial evidence in the record, that the capacity is needed for projected city or county uses. For the use of its vertical infrastructure, a city or a county may charge an annual administrative permit fee of up to $250 for each small cell, an annual attachment rate that is based on recovery of costs, and a one-time reimbursement fee for costs incurred by the city or county for rearrangements requested by the small cell provider. Before it can adopt or increase the rate, a city or county must hold one open and public hearing, with required notices and information beforehand. The bill allows, but does not require, a city or county to approve the ordinance or resolution at a regularly scheduled open meeting at least 30 days after the initial hearing. Any judicial action against the ordinance or resolution must begin within 120 days of the effective date of the ordinance or resolution. A city or county cannot discriminate against the deployment of a small cell on its own property and must make space available on property not located in the rights-of-way on terms that are no less favorable than those provided for comparable commercial projects or uses. These installations shall be subject to reasonable and nondiscriminatory rates, terms and conditions, which may include feasible design and collocation standards. This bill specifies that existing agreements between a wireless service provider, or its agents and assigns, and a city, a county, or a city or county's agents and assigns, regarding the leasing or licensing of vertical infrastructure entered into before the operative date of this section remain in effect, subject to applicable termination or other provisions in the existing agreement, or unless otherwise modified by mutual agreement of the parties. A wireless service provider may require the rates of this section for new small cells sites that are deployed after the operative date of this section in accordance with applicable change of law provisions in the existing agreements. This bill states that its provisions do not alter any franchise or franchise requirements under state or federal law, as specified. This bill states that nothing in it shall be construed to authorize or impose an obligation to charge a use fee different than that authorized by existing law on a local publicly owned electric utility, and that it does not change or remove any obligation by the owner or operator of a small cell to comply with a local publicly owned electric utility's reasonable and feasible safety, reliability, and engineering policies. A city or a county must consult with the utility director of a local publicly owned electric utility when adopting an ordinance or establishing permitting processes that impact the local publicly owned electric utility. This bill also contains language stating that nothing in the bill shall be construed to modify the rules and compensation structure that have been adopted for an attachment to a utility pole owned by an electrical corporation or telephone corporation, including, but not limited to, decisions of the PUC adopting rules and a compensation structure for an attachment to a utility pole owned by an electrical corporation or telephone corporation, as specified. Nothing in this bill shall be construed to modify any applicable rules adopted by the PUC, including General Order 95 requirements, regarding the attachment of wireless facilities to a utility pole owned by an electrical corporation or telephone corporation, as specified. This bill prohibits a city or county from adopting or enforcing any regulation on the placement or operation of communications facilities in the rights-of-way by a provider authorized by state law to operate in the rights-of-way, and from regulating any communications services or imposing or collecting any tax, fee, or charge not specifically authorized under state law, with specified exceptions, or as specifically required by state law. This bill also amends existing law governing permits for wireless telecommunications facilities (not just small cells). Existing law allows cities and counties to limit permits to 10 years. This bill would require permits to be renewed for equivalent durations, unless the city or county makes a finding that the wireless telecommunications facility does not comply with the codes and permit conditions applicable at the time the permit was initially approved. Because of its findings and declarations that small cells are not a municipal affair, but are a matter of statewide concern, this bill would apply to charter cities. 7) Opposition Concerns. In addition to objections articulated by the opposition, below (see comment #12), the Committee should be aware of the following issues raised by opponents of this bill: a) Technological Neutrality. Some opponents are concerned that this bill is not technology-neutral. Frontier Communications notes, "Frontier is concerned that SB 649, while expediting permitting and capping fees for small cell deployment, may cause delay and increased costs for wireline providers that need permits from the same local agencies. This could jeopardize critical federal broadband funds for California if Frontier or other providers participating in the (FCC's Connect America Fund) program cannot meet strict construction deadlines." b) Health Concerns. A number of organizations and individuals who are concerned about the health effects of radio frequency radiation oppose this bill, due to the rapid proliferation of small cells they fear will result if this bill becomes law. 8) Additional Policy Concerns. Also in addition to objections expressed by the opposition, the Committee may wish to consider the following: a) Environmental Review. The California Environmental Quality Act (CEQA) requires CEQA Guidelines prepared by the Office of Planning and Research to include a list of classes of projects that have been determined not to have a significant effect on the environment and that shall be exempt from CEQA. These are referred to as "categorical exemptions." Categorical exemptions are subject to exceptions to assure eligible projects do not have a significant effect on the environment, including when cumulative impacts of successive projects of the same type in the same place may result in significant effect or there is a reasonable possibility that the project will have a significant effect due to unusual circumstances. This bill bypasses that process, preventing review of a project's environmental impacts under CEQA. b) FCC Proceeding. As noted above, the FCC issued a NPRM just last month to examine the regulatory barriers to wireless network infrastructure investment and deployment. The results of this process are as yet unknown and could inform California in its decisions regarding this issue, or could conflict with the provisions of this bill. 9) Committee Amendments. The Committee may wish to adopt the following amendments to address some of the concerns with this bill: a) Automatic Renewal of Permits. This bill amends existing law governing permits for wireless telecommunications facilities (not just small cells). Existing law allows cities and counties to limit permits to 10 years. Section two of this bill would require permits to be renewed for equivalent durations, unless the city or county makes a finding that the wireless telecommunications facility does not comply with the codes and permit conditions applicable at the time the permit was initially approved. The sponsor has indicated that this amendment is being sought because of instances in which localities are requiring wireless providers to needlessly tear down old towers and replace them with new ones. This provision appears to extend well beyond the stated intent of the sponsor to address barriers to small cell siting. The Committee may wish to remove this provision by striking Section two of the bill. b) The $250 Question. The bill provides that cities and counties may charge "an annual administrative permit fee not to exceed $250 for each small cell attached to city or county vertical infrastructure." This language has led to confusion regarding whether this caps fees that cities and counties may charge for permits. The Committee may wish to amend this language to clarify that the $250 per attachment amount is part of the rate cities and counties may charge for the use of their infrastructure, and that permit fees would be separate and in addition to this $250 charge. c) Less is More? This bill states that it does not prohibit a wireless service provider and a city or county from mutually agreeing to an annual administrative permit fee or attachment rate that is less than the fees or rates established in this bill. This has led to concerns that the bill precludes agreements in which a wireless service provider is willing to pay more than this amount. The Committee may wish to amend this language to clarify that agreements can include an attachment rate that is different from the fees or rates in this bill. d) Grandfathering. This bill contains the following language: "Existing agreements between a wireless service provider, or its agents and assigns, and a city, a county, or a city or county's agents and assigns, regarding the leasing or licensing of vertical infrastructure entered into before the operative date of this section remain in effect, subject to applicable termination or other provisions in the existing agreement, or unless otherwise modified by mutual agreement of the parties. A wireless service provider may require the rates of this section for new small cells sites that are deployed after the operative date of this section in accordance with applicable change of law provisions in the existing agreements." This language has raised concerns on the part of opponents and the Senate Governance and Finance Committee, which drafted similar, but not identical, language. The Committee may wish to amend this language to resolve these concerns. e) Contradictory. On page 11, beginning in line 17, this bill states: "Except as provided in subdivisions (a) and (b), nothing in this section shall be construed to modify the rules and compensation structure that have been adopted for an attachment to a utility pole owned by an electrical corporation or telephone corporation, as those terms are defined in Section 216 of the Public Utilities Code pursuant to state and federal law, including, but not limited to, decisions of the Public Utility Commission adopting rules and a compensation structure for an attachment to a utility pole owned by an electrical corporation or telephone corporation, as those terms are defined in Section 216 of the Public Utilities Code." This exception appears to contradict the intent of the remainder of this language. The Committee may wish to remove this exception. 10) Previous Legislation. AB 2788 (Gatto) of 2016 was similar to this bill. AB 2788 was not heard in this committee, as it left the Assembly addressing a different subject. AB 2788 was referred to the Senate Energy, Utilities and Communications Committee, but was never heard. AB 57 (Quirk), Chapter 685, Statutes of 2015, provided that a collocation or siting application for a wireless telecommunications facility is deemed approved if: a city or county fails to approve or disapprove the application within the reasonable time periods specified in applicable decisions of the FCC; all required public notices have been provided regarding the application; and, the applicant has provided a notice to the city or county that the reasonable time period has lapsed. AB 162 (Holden) of 2013 would have prohibited a local government from denying an eligible facilities request, as defined, for a modification of an existing wireless telecommunications facility or structure that does not substantially change the physical dimensions of the wireless telecommunications facility or structure, and would have required a local government to act on an eligible facilities request within 90 days of receipt. The bill was referred to this Committee, but was never heard. AB 1027 (Buchanan), Chapter 580, Statutes of 2011, required local publicly-owned electric utilities, including irrigation districts, to make appropriate space and capacity on and in their utility poles and support structures available for use by cable television corporations, video service providers, and telephone corporations. SB 1627 (Kehoe), Chapter 676, Statutes of 2006, required local governments to administratively approve applications to place wireless communications equipment on structures where such equipment is already located if specified conditions have been met, and prohibited local governments from conditioning approval of applications for permits for wireless facilities in specified ways. 11) Arguments in Support. CTIA, sponsor of this measure, in a coalition letter with the CalAsian Chamber of Commerce, AT&T, Crown Castle, the California Peace Officers Association, the California State Sheriffs' Association, Verizon, Sprint, T-Mobile, the California Manufacturers and Technology Association, QualComm, the California Hispanic Chambers of Commerce, the Congress of California Seniors, Tracfone, the California Probation, Parole and Correctional Association, CompTIA, the Wireless Infrastructure Association, and the Silicon Valley Leadership Group, in support, state, "Wireless technology has revolutionized our lives and the way that we communicate. It has transformed how our businesses and schools operate and improved how our cities function. "Today, smartphones, laptops and tablets are basic tools in our everyday lives. In fact, there are more wireless devices in California than there are people. Further, mobile data usage has grown by more than 2,300% since 2010. To accommodate skyrocketing demand and prepare wireless networks for the next generation, those networks must be updated today. SB 649 will help make that happen. "Small cell wireless facilities are being deployed today to meet this increased demand for data, enhancing capacity on today's 4G LTE wireless networks and establishing the backbone for the next generation of wireless networks, called 5G. 5G will offer the bandwidth to accommodate billions of devices at the speed required for our connected society. "SB 649 is an essential measure to keep California at the leading edge of this new technology. Other states across the country and around the globe are already encouraging deployment of gigabit wireless internet by streamlining deployment of small cell wireless infrastructure. SB 649 will provide a clear path for California communities to deploy the needed infrastructure by asking for no public subsidies or use of taxpayer dollars. Instead, SB 649 simply asks for clear guidance for wireless providers to invest millions of dollars of their own money. "By laying out a clear set of rules for all to follow, SB 649 will help communities: * Open the path to California 'smart cities' with solutions delivering significant energy and transportation benefits and creating a more 'connected world'; * Provide up to 100 times faster speeds - gigabit internet in your pocket - enabling download of a full HD movie in seconds; * Improve public safety services and help save lives with advanced communications and logistics and faster response times; and * Create thousands of new jobs via infrastructure development and increased economic competitiveness. "SB 649 creates a reliable set of guidelines for communities in making decisions on the deployment of small cell wireless technology with a process that reflects their much smaller size and footprint than traditional cell phone towers. It also ensures local governments retain oversight for health and safety conditions building and encroachment permits, local code compliance, and feasible design and collocation standards. "Given the way Californians live today, citizens, businesses, public safety agencies and government demand the latest technology and the highest speeds in wireless communications. A clear process is needed so network developers can plan appropriately and avoid unnecessary delays in delivering required cutting-edge services. "Nearly a dozen states across the country have already moved to streamline the deployment of small cell wireless infrastructure to accommodate consumers' insatiable data demands and ready themselves for 5G wireless technology. It is imperative that California retain its position as a global leader in technology and innovation. SB 649 is a smart, cooperative approach that tells the rest of the country and the world that California is ready for investment and will retain its position as leader in innovation." 12) Arguments in Opposition. The California Chapter of the American Planning Association, the League of California Cities, the Urban Counties of California, the Rural County Representatives of California and Protect our Local Streets Coalition, in opposition, write, "SB 649 eliminates public input, full local environmental and design review, mandates the leasing of publicly owned infrastructure and eliminates the ability for local governments to negotiate leases or any public benefit for the installation of 'small cell' equipment on taxpayer funded property. These not-so-small 'small cell' structures would be required to be allowed on public property in any zone in a city or county and would be subject to a confusing permitting process carved out for the sole benefit of the wireless industry... "(Section 4 of the bill) vastly expands the scope of SB 649 beyond 'small cells,' and would broadly preempt regulation of virtually any communications facilities within local rights-of-way. This would not merely limit, but would implicitly repeal the longstanding provisions of California law allowing local governments to reasonably regulate privately-owned facilities placed within the streets and roads for which they are responsible. Local regulations protect public health and safety by ensuring that equipment placed within the right-of-way does not cause traffic hazards, or interfere with sight distances necessary to avoid accidents at busy intersections - and protect neighborhood character and quality of life through reasonable concealment and similar aesthetic conditions. It is difficult to overstate the hazards to the public welfare of all Californians threatened by SB 649's wholesale elimination of such local authority... "While the wireless industry promises local governments will retain their discretion, the bill eliminates the full discretion locals currently have to require that such equipment blends into the communities they are entering and that providers maintain their equipment. The bill eliminates the ability of a city or county to negotiate any public benefit such as providing network access for the local library. Additionally, this bill places the entire burden on local governments to adopt a complicated set of ordinances, again increasing costs to the local jurisdiction, at the same time the bill caps the flexible revenue cities and counties can generate for public services such as infrastructure, police, fire, libraries, human services or looming pension obligations. "SB 649 forces local government to rent space for small cells on public property at rates far below fair market value and requires that every jurisdiction, in order to use its own public property, provide 'substantial evidence' that the space is needed by that community. Rents from the use of public property, which every other for-profit business pays, help defray the cost of essential public services that are otherwise provided at taxpayer expense. SB 649 sets a dangerous precedent for other private industries to seek similar treatment, further eroding the ability to fund local services. "SB 649 proposes to calculate the maximum rate for these non-consensual leases using a formula designed only for electricity and telephone poles - a limited category of installations, with fairly uniform features and costs. Application of this formula to the vast variety of 'vertical infrastructure' covered by SB 649 is both unfair and uncertain. The capital and operational cost components for these facilities vary widely in both complexity and amount, and (this formula is) virtually certain to result in continual disputes and confusion statewide. "While the supporters continue to state that the purpose of the bill is to deploy in rural or underserved areas of the state, there is still no requirement for such deployment. This bill does not provide anything to our constituents in exchange for giving up our public property. The bill explicitly allows for a discretionary review in areas within the coastal zone or in historical districts. Cities and counties that are not included in this exemption are essentially left with little ability to clearly apply design standards. With these amendments, it's clear that supporters of the bill concede discretionary review is important... but only for certain areas of the state. "Small cells are just in the beginning stages of being deployed. Given that many jurisdictions haven't even processed a small cell permit yet, or only handled a small number, it is unclear why there is such an urgent need for this bill. This bill is being passed with the assumption that there will be issues, which supporters have yet to demonstrate. What other types of structures or industries will be next in line to demand free or low cost access to public property to boost corporate profit margins? While (we) support the deployment of wireless facilities to ensure that Californians have access to telecommunications services, this goal is not inherently in conflict with appropriate local planning and appropriate fee negotiations on publically owned infrastructure." 13) Double-Referral. This bill is double-referred to the Communications and Conveyance Committee. REGISTERED SUPPORT / OPPOSITION: (Includes support and opposition letters received by the Committee's deadline which may address a prior version of the bill) Support CTIA [SPONSOR] 59DaysOfCode 100 Black Men of Long Beach American Indian Chamber of Commerce of California Asian Pacific Islander American Public Affairs Association Asian Resources Inc. AT&T Berkeley Chamber of Commerce Black Business Association California Asian Chamber of Commerce California Asian Pacific Chamber of Commerce California Foundation for Independent Living Centers California Friday Night Live Partnership California Hispanic Chamber of Commerce California Manufacturers & Technology Association California Probation, Parole and Correctional Association California State Conference of the National Association for the Advancement of Colored People California State Sheriffs' Association California Urban Partnership Support (continued) California Utilities Emergency Association CALinnovates CalTech San Diego Carlsbad Chamber of Commerce Carmel Valley Chamber of Commerce Cerritos Regional Chamber of Commerce Chinese American Association of Solano County Cleanteach San Diego Coalition of Concerned California Communities Community Technology Network Community Women Vital Voices CompTIA Concerned Black Men of Los Angeles Concerned Citizens Community Involvement Congress of California Seniors Council of Asian Pacific Islanders Together for Advocacy and Leadership Council on American-Islamic Relations, California Crown Castle Disability Rights Education and Defense Fund Downtown San Diego Partnership East Bay Leadership Council Elderly Foundation El Dorado County Chamber of Commerce Entrepreneurs of Tomorrow Foundation Eskaton Foundation Exceptional Parents Unlimited Fresno Area Hispanic Foundation Fresno Center for New Americans Fresno Chamber of Commerce Fresno County Economic Development Corporation Fresno Metro Black Chamber of Commerce Fundacion Pro Joven Talento Salvadoreno Gateway Chambers Alliance Greater Coachella Valley Chamber of Commerce Greater Los Angeles African American Chamber of Commerce Greater Riverside Chamber of Commerce Greater Sacramento Urban League Hacker Lab Hispanic Chamber of e-Commerce Hispanic Heritage Foundation I/O Labs Imagine H2O InBiz Latino-North County Hispanic Chamber of Commerce Invictus Foundation Jobs and Housing Coalition Support (continued) Krimson and Kreme, Inc. Lake County Sheriff Latin Business Association Latino Council Latino Environmental Advancement & Policy Project Lifestyle Stroke Foundation Lighthouse Counseling & Family Resource Center LIME Foundation Lincoln Area Chamber of Commerce Long Beach Area Chamber of Commerce Los Angeles Urban League Marjaree Mason Center Meeting of the Minds Modesto Chamber of Commerce Monterey County Business Council Museum of the African Diaspora National Association for the Advancement of Colored People, Eureka National Association for the Advancement of Colored People, Inglewood/South Bay National Association for the Advancement of Colored People, Los Angeles National Association for the Advancement of Colored People, North San Diego National Association for the Advancement of Colored People, Riverside National Association of Hispanic Real Estate Professionals, Sacramento National Association of Women Business Owners National City Public Safety Foundation National Latina Business Women Association of Los Angeles Oakland Metropolitan Chamber of Commerce Oceanside Chamber of Commerce Orange County Business Council Orange County Hispanic Chamber of Commerce Organization of Chinese Americans Pacific Grove Chamber of Commerce Peace Officers Research Association of California Puertas Abiertas Community Resource Center PulsePoint Qualcomm Rancho Cordova Chamber of Commerce Russian American Media Sabio Enterprises Inc. Sacramento Asian Pacific Chamber of Commerce Sacramento Black Chamber of Commerce Sacramento Hispanic Chamber of Commerce Sacramento Metropolitan Chamber of Commerce Sacramento Regional Conservation Corps Salvadoran American Leadership and Educational Fund San Diego County Hispanic Chamber of Commerce San Diego North Economic Development Council Support (continued) San Diego Regional Economic Development Corporation San Francisco Chamber of Commerce San Joaquin Pride Center San Ysidro Chamber of Commerce Santa Ana Chamber of Commerce Silicon Valley Leadership Group Slavic American Chamber of Commerce Society for the Blind Solano Community College Educational Foundation South Bay Association of Chambers of Commerce Southeast Community Development Corporation Southern California Hispanic Chamber of Commerce Southern Christian Leadership Conference of Southern California Sprint T-Mobile US TechNet The East Los Angeles Community Union The Arc California The National Association of Hispanic Real Estate Professionals The Observer Media Group The Urban Hive Torrance Area Chamber of Commerce Tracfone Tulare Kings Hispanic Chamber of Commerce United Policyholders Urban Corps of San Diego County Urban League of San Diego County Verizon Veteran's Association of North County Voluntary Organizations Active in a Disaster Volunteers of America Southwest WEAVE, Inc. Wireless Infrastructure Association Women's Intercultural Network Individual letters (9) Opposition American Planning Association, California Chapter American Public Works Association Association of Environmental Professionals Bay Area Educators for Safe Tech Brentwood Community Council California Brain Tumor Association California Chapters of the American Public Works Association California Municipal Utilities Association Opposition (continued) California REALTORS California Park & Recreation Society California State Association of Counties City and County of San Francisco Cities of: Albany, Alameda, Aliso Viejo, Arcadia, Azusa, Bakersfield, Bellflower, Benicia, Berkeley, Beverly Hills, Big Bear Lake, Brawley, Brea, Buena Park, Burbank, Camarillo, Capitola, Carpinteria, Chino, Chino Hills, Chula Vista, Citrus Heights, Claremont, Clayton, Cloverdale, Colfax, Colma, Concord, Corona, Coronado, Costa Mesa, Culver City, Cupertino, Davis, Diamond Bar, Duarte, Dublin, Eastvale, El Centro, Elk Grove, Emeryville, Encinitas, Escalon, Fairfax, Farmersville, Fontana, Fountain Valley, Fremont, Fullerton, Garden Grove, Goleta, Hanford, Hayward, Hemet, Hermosa Beach, Hesperia, Highland, Hillsborough, Huntington Beach, Indio, Indian Wells, Inglewood, La Canada Flintridge, La Habra, La Mirada, La Quinta, La Verne, Lafayette, Laguna Beach, Laguna Hills, Lake Elsinore, Lake Forest, Lakeport, Lakewood, Lathrop, Livermore, Lodi, Lomita, Long Beach, Los Alamitos, Lomita, Mammoth Lakes, Manteca, Martinez, Menifee, Merced, Mission Viejo, Modesto, Monrovia, Montclair, Monterey, Monterey Park, Moorpark, Moreno Valley, Morgan Hill, Mountain View, Murrieta, National City, Nevada City, Newport Beach, Norco, Norwalk, Oakland, Oakley, Oceanside, Ontario, Pacific Grove, Palmdale, Palm Desert, Palo Alto, Palos Verdes Estates, Paramount, Pasadena, Paso Robles, Piedmont, Pismo Beach, Placentia, Pleasanton, Point Arena, Pomona, Porterville, Rancho Cordova, Rancho Cucamonga, Rancho Palos Verdes, Redondo Beach, Richmond, Riverbank, Riverside, Rocklin, Rohnert Park, Rosemead, Roseville, Salinas, San Anselmo, San Buenaventura, San Carlos, San Gabriel, San Jose, San Leandro, San Marcos, San Marino, San Mateo, San Pablo, San Rafael, Santa Ana, Santa Barbara, Santa Clara, Santa Clarita, Santa Cruz, Santa Fe Springs, Santa Monica, Santa Rosa, Santee, Scotts Valley, Sebastopol, Signal Hill, Stanton, Sunnyvale, Thousand Oaks, Torrance, Turlock, Tulare, Tustin, Ukiah, Union City, Upland, Vacaville, Vallejo, Ventura, Victorville, Vista, Walnut, Walnut Creek, West Covina, West Hollywood, Whittier, and Yuba City-County Streetlight Association City Manager Brian Loventhal, City of Campbell Coalition of Concerned California Communities Councilmember Mike Bonin, City of Los Angeles Councilmember Bill DeHart, City of Turlock Counties of: Del Norte, Fresno, Imperial, Inyo, Kern, Los Angeles, Mariposa, Monterey, Orange, Placer, Riverside, Sacramento, San Bernardino, San Joaquin, San Luis Obispo, San Mateo, Santa Barbara, Santa Clara, Santa Cruz, Siskiyou, Stanislaus, Sonoma, Tehama, Tuolumne, and Ventura Ecological Options Network EMF Safety Network EMR Protection Forum Green Sangha Health & Habitat Inc. Law Offices of Harry V. Lehmann PC League of California Cities League of California Cities, Los Angeles County Division League of California Cities, Redwood Empire Division Opposition (continued) League of California Cities, Riverside County Division League of California Cities, San Diego County Division Lodi District Chamber of Commerce Marin Chapter of the Weston A. Price Foundation Marin County Council of Mayors and Councilmembers Mayors & Councilmembers Association of Sonoma Mayor Donald P. Wagner, City of Irvine Mayor Clyde Roberson, City of Monterey Mayor Sue Higgins, City of Oakley Mayor Len Augustine, City of Vacaville Mayor Gary Soiseth, City of Turlock Mono County Community Development Department MuniServices Northern California Power Agency Pacific Palisades Community Council Physicians for Safe Technology Protect our Local Streets Coalition Radiation Research Trust Rural County Representatives of California SafeWater Marin Alliance Sage Associates San Francisco Water Power Sewer Scientists for Wired Technology Southern California Public Power Authority The Utility Reform Network Town of Apple Valley Town of Corte Madera Town of Danville Town of Hillsborough Town of Mammoth Lakes Town of Moraga Town of Portola Valley Tuolumne County Chamber of Commerce Union Sanitary District Urban Counties of California Ventura Council of Governments Veterans for Radiation Safety Westwood South of Santa Monica Blvd. Homeowner Association Windheim EMF Solutions Wireless Radiation Alert Network Your Own Health and Fitness Individual letters (15) Analysis Prepared by: Angela Mapp / L. GOV. / (916) 319-3958 RECOMMENDATION(S): ADOPT Position Adjustment Resolution No. 21975 to add one (1) Business Systems Analyst (LTWK) (represented) position at Salary Plan and Grade ZB5 1694 ($6,194-$7,529) and cancel one (1) Workforce Services Specialist (XANA) vacant position #5245 at Salary Plan and Grade ZB5 1743 ($6,502-$7,903) in the Workforce Development Board of the Employment and Human Services Department. FISCAL IMPACT: Upon approval of this position, there will be cost savings of $21,142 in annual personnel expense and an annual pension cost savings of $7,400. This position will be 100% funded by Federal revenue. BACKGROUND: The State of California Labor and Workforce Development Agency is responsible for workforce development policy and administration. Policy responsibility is under the purview of the California Workforce Development Board and the administration responsibility is under the purview of the California Employment Development Department. As of July 1, 2016, the Contra Costa County Workforce Development Board is required to manage information and reporting systems for all participant activities and the associated investments of Workforce APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/11/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Holly Trieu (925) 313-1560 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Holly Trieu C. 43 To:Board of Supervisors From:Kathy Gallagher, Employment & Human Services Director Date:July 11, 2017 Contra Costa County Subject:Add one Business Systems Analyst position and cancel one vacant Workforce Services Specialist position in EHSD BACKGROUND: (CONT'D) Innovation and Opportunity Act (WIOA) funds in the county. The reporting and managing information system used by local Workforce Development Areas is the CalJOBS system. The CalJOB system is overseen and managed by the State. The county’s Workforce Development Board is also required by the local Workforce Development Areas and the local Board Recertification to meet and exceed its negotiated Workforce Innovation and Opportunity Act (WIOA) performance levels with the State of California. In 2013, the CalJOBS system was redesigned, upgraded, and was fully implemented within the past 12 months. During the implementation stage of the CalJOBS system, EHSD employed a temporary employee. In order to remain in compliance with its responsibilities as a local Workforce Development Area and with Local Board Recertification, the department has determined that a dedicated lead staff person with substantial technical skill and business analytical ability is needed to maintain the management information and reporting of Workforce Innovation and Opportunity Act (WIOA) activities and investments. The department and Human Resources have verified that the Business Systems Analyst classification is the appropriate class to perform required duties. It is imperative that a permanent Business System Analyst position be added in order for the County to continue to remain in good standing with the local Workforce Development Area. CONSEQUENCE OF NEGATIVE ACTION: If this action is not approved, the county’s Workforce Development Board will not have a dedicated lead staff person to track federally-required participant records for the Workforce Innovation and Opportunity Act (WIOA). The inability to effectively perform this function would ultimately put Contra Costa County at risk of not continuing to hold its designation as a Local Workforce Development Area (LWDA) in California and may result in a loss of federal funds to the county. AGENDA ATTACHMENTS P300 No. 21975 EHSD MINUTES ATTACHMENTS Signed P300 21975 POSITION ADJUSTMENT REQUEST NO. 21975 DATE 10/11/2016 Department No./ Department Employment and Human Services Budget Unit No. 0583 Org No. 5619 Agency No. A19 Action Requested: Cancel one Workforce Services Specialist (XANA) (position #5245) and add one Business Systems Analyst (LTWK) in the Workforce Development Board of EHSD (AR39748) Proposed Effective Date: 10/24/2016 Classification Questionnaire attached: Yes No / Cost is within Department’s budget: Yes No Total One-Time Costs (non-salary) associated with request: $0.00 Estimated total cost adjustment (salary / benefits / one time): Total annual cost ($21,142.00) Net County Cost $0.00 Total this FY ($15,857.00) N.C.C. this FY $0.00 SOURCE OF FUNDING TO OFFSET ADJUSTMENT 100% Federal Department must initiate necessary adjustment and submit to CAO. Use additional sheet for further explanations or comments. Holly Trieu 3-1560 ______________________________________ (for) Department Head REVIEWED BY CAO AND RELEASED TO HUMAN RESOURCES DEPARTMENT Kevin J. Corrigan 10/17/16 ___________________________________ ________________ Deputy County Administrator Date HUMAN RESOURCES DEPARTMENT RECOMMENDATIONS DATE 5/12/2017 Add one (1) Business Systems Analyst (LTWK) (represented) position at Salary Plan and Grade ZB5 1694 ($6194 -$7529) and cancel one (1) Workforce Services Specialist (XANA) (represented) position #5245 at Salary Plan and Grade ZB5 1743 ($6502-$7903) in the Workforce Development Board of the Employment and Human Services Department. Amend Resolution 71/17 establishing positions and resolutions allocating classes to the Basic / Exempt salary schedule. Effective: Day following Board Action. (Date) OPARRA 5/12/2017 ___________________________________ ________________ (for) Director of Human Resources Date COUNTY ADMINISTRATOR RECOMMENDATION: DATE 7/5/2017 Approve Recommendation of Director of Human Resources Disapprove Recommendation of Director of Human Resources Enid Mendoza Other: ____________________________________________ ___________________________________ (for) County Administrator BOARD OF SUPERVISORS ACTION: David J. Twa, Clerk of the Board of Supervisors Adjustment is APPROVED DISAPPROVED and County Administrator DATE BY APPROVAL OF THIS ADJUSTMENT CONSTITUTES A PERSONNEL / SALARY RESOLUTION AMENDMENT POSITION ADJUSTMENT ACTION TO BE COMPLETED BY HUMAN RESOURCES DEPARTMENT FOLLOWING BOARD ACTION Adjust class(es) / position(s) as follows: P300 (M347) Rev 3/15/01 REQUEST FOR PROJECT POSITIONS Department Date 7/5/2017 No. xxxxxx 1. Project Positions Requested: 2. Explain Specific Duties of Position(s) 3. Name / Purpose of Project and Funding Source (do not use acronyms i.e. SB40 Project or SDSS Funds) 4. Duration of the Project: Start Date End Date Is funding for a specified period of time (i.e. 2 years) or on a year -to-year basis? Please explain. 5. Project Annual Cost a. Salary & Benefits Costs: b. Support Costs: (services, supplies, equipment, etc.) c. Less revenue or expenditure: d. Net cost to General or other fund: 6. Briefly explain the consequences of not filling the project position(s) in terms of: a. potential future costs d. political implications b. legal implications e. organizational implications c. financial implications 7. Briefly describe the alternative approaches to delivering the services which you have considered. Indicate why these alternatives were not chosen. 8. Departments requesting new project positions must submit an updated cost benefit analysis of each project position at the halfway point of the project duration. This report is to be submitted to the Human Resources Department, which will forward the report to the Board of Supervisors. Indicate the date that your cost / benefit analysis will be submitted 9. How will the project position(s) be filled? a. Competitive examination(s) b. Existing employment list(s) Which one(s)? c. Direct appointment of: 1. Merit System employee who will be placed on leave from current job 2. Non-County employee Provide a justification if filling position(s) by C1 or C2 USE ADDITIONAL PAPER IF NECESSARY RECOMMENDATION(S): ADOPT Position Adjustment Resolution No. 21991 to establish the class of Geographic Information Systems Technician (LD7A) (represented) at salary plan and grade TB5 1400 ($4,377-$5,320) and add one (1) position in the GIS Division of the Department of Information Technology Division of the County Administrator's Office. FISCAL IMPACT: Estimated $85,000 annual cost, to be funded by GIS Program fees collected in Org 1693 from various County departments, partner agencies, and funding sources. Retirement costs account for approximately $15,000 of the annual cost. BACKGROUND: The Department of Information Technology is experiencing a growing demand for our Geographic Information Systems services. This is partly due to DoIT’s recent rebuilding of the GIS Team, currently with only one team member. In January 2016, DoIT hired a Geographic Information System Administrator to offer services and maintenance in the GIS area to all departments who currently contribute annually to the GIS service as well as to those departments who utilize GIS but select to receive and pay for services as needed by their department. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/11/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Joanne Buenger, Deputy CIO 925-313-1202 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Joanne Buenger C. 44 To:Board of Supervisors From:David Twa, County Administrator Date:July 11, 2017 Contra Costa County Subject:Establish New Class of Geographic Information Systems Technician and Add One Position BACKGROUND: (CONT'D) The new GIS Administrator has done an excellent job of reaching out to all departments who are members of the GIS Policy Committee, to evaluate each of their GIS needs and to document each department's large and small GIS projects/initiatives. Each department had a large backlog of requests, in addition to many future projects for the GIS application. In addition to documenting the status of the GIS needs for departments, the GIS Administrator replaced the ten year old unsupported GIS servers, and recruited two new departments to join the GIS Policy Committee, resulting in new program revenue of $100,000 per year. These two departments have many small and large GIS programs already in process or pending. With the GIS needs (both current and future) of the departments documented, and the new GIS server architecture soon being deployed into production, the department has a need for additional staff to support the current/new GIS projects and the new GIS customers. The department requested to create the position of Geographic Information System Technician I and add one position in the GIS Program. All of the funding for the Geographic Information System Technician I will be funded by the GIS participating departments, and provision for GIS Program costs has been approved in the 2017/18 budget. CONSEQUENCE OF NEGATIVE ACTION: The current GIS staff will be unable to provide efficient and timely service to the GIS participating departments. CHILDREN'S IMPACT STATEMENT: No impact. AGENDA ATTACHMENTS P300 21991_Est GIS Technician and Add 1 Position in DoIT MINUTES ATTACHMENTS Signed P300 21991 POSITION ADJUSTMENT REQUEST NO. 21991 DATE 11/3/2016 Department No./ Department Department of Information Technology Budget Unit No. 0147 Org No. 1063 Agency No. A03 Action Requested: ESTABLISH new classification of Geographic Information Systems Technician and ADD (1) position in the GIS Divison of DoIT. Proposed Effective Date: 1/1/2016 Classification Questionnaire attached: Yes No / Cost is within Department’s budget: Yes No Total One-Time Costs (non-salary) associated with request: $0.00 Estimated total cost adjustment (salary / benefits / one time): Total annual cost 85000 Net County Cost 0 Total this FY 70800 N.C.C. this FY 0 SOURCE OF FUNDING TO OFFSET ADJUSTMENT GIS fees collected Org 1693 provide funding for position. Department must initiate necessary adjustment and submit to CAO. Use additional sheet for further explanations or comments. Ed Woo ______________________________________ (for) Department Head REVIEWED BY CAO AND RELEASED TO HUMAN RESOURCES DEPARTMENT ___________________________________ ________________ Deputy County Administrator Date HUMAN RESOURCES DEPARTMENT RECOMMENDATIONS DATE 6/22/2017 Establish the class of Geographic Information Systems Technician (LD7A) (represented) at salary plan and grade TB5/1400 ($4,377-$5,320) add one (1) position in the GIS Division of the Department of Information Technology Division of the County Administrator's Office. Amend Resolution 71/17 establishing positions and resolutions allocating classes to the Basic / Exempt sala ry schedule. Effective: Day following Board Action. (Date) Marta Goc 6/22/2017 ___________________________________ ________________ (for) Director of Human Resources Date COUNTY ADMINISTRATOR RECOMMENDATION: DATE 6/29/17 Approve Recommendation of Director of Human Resources Disapprove Recommendation of Director of Human Resources /s/ Julie DiMaggio Enea Other: ____________________________________________ ___________________________________ (for) County Administrator BOARD OF SUPERVISORS ACTION: David J. Twa, Clerk of the Board of Supervisors Adjustment is APPROVED DISAPPROVED and County Administrator DATE BY APPROVAL OF THIS ADJUSTMENT CONSTITUTES A PERSONNEL / SALARY RESOLUTION AMENDMENT POSITION ADJUSTMENT ACTION TO BE COMPLETED BY HUMAN RESOURCES DEPARTMENT FOLLOWING BOARD ACTION Adjust class(es) / position(s) as follows: P300 (M347) Rev 3/15/01 REQUEST FOR PROJECT POSITIONS Department Date 6/29/2017 No. 1. Project Positions Requested: 2. Explain Specific Duties of Position(s) 3. Name / Purpose of Project and Funding Source (do not use acronyms i.e. SB40 Project or SDSS Funds) 4. Duration of the Project: Start Date End Date Is funding for a specified period of time (i.e. 2 years) or on a year -to-year basis? Please explain. 5. Project Annual Cost a. Salary & Benefits Costs: b. Support Costs: (services, supplies, equipment, etc.) c. Less revenue or expenditure: d. Net cost to General or other fund: 6. Briefly explain the consequences of not filling the project position(s) in terms of: a. potential future costs d. political implications b. legal implications e. organizational implications c. financial implications 7. Briefly describe the alternative approaches to delivering the services which you have considered. Indicate why these alternatives were not chosen. 8. Departments requesting new project positions must submit an updated cost benefit analysis of each project position at the halfway point of the project duration. This report is to be submitted to the Human Resource s Department, which will forward the report to the Board of Supervisors. Indicate the date that your cost / benefit analysis will be submitted 9. How will the project position(s) be filled? a. Competitive examination(s) b. Existing employment list(s) Which one(s)? c. Direct appointment of: 1. Merit System employee who will be placed on leave from current job 2. Non-County employee Provide a justification if filling position(s) by C1 or C2 USE ADDITIONAL PAPER IF NECESSARY RECOMMENDATION(S): ADOPT Position Adjustment Resolution No. 22101 to cancel one vacant permanent 20/40 hour Registered Nurse position #8260 and increase the hours of one (1) permanent part-time Registered Nurse (VWXG) position #10605 at salary grade L32-1880 ($8,305-$10,372) from 20/40 to 40/40 hours in the Health Services Department. (Represented) FISCAL IMPACT: Upon approval, this action has an annual cost savings of approximately $44,181 with pension and benefits savings estimated at $22,463 included. BACKGROUND: The Contra Cost Health Plan's Authorization/Utilization Management Unit is increasing the position hours of Registered Nurse position #10605 to meet regulatory time frames. Due to the lack of adequate staffing, the department is struggling in meeting the turnaround time frame required by the recent California Department of Health Care Services (DHCS) and California Department of Managed Health Care (DMHC) audits. Therefore, the department is requesting that Registered Nurse part-time (20/40) position #8260 to be canceled in order to have one permanent full-time Registered Nurse position #10605. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/11/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Shelanda Adams, 925-957-5263 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 45 To:Board of Supervisors From:William Walker, M.D., Health Services Date:July 11, 2017 Contra Costa County Subject:Cancel position and increase hours of another position in the Health Services Department. CONSEQUENCE OF NEGATIVE ACTION: If this action is not approved, the Health Plan Authorization/Utilization Management Department may not meet the turnaround time frame required by the recent California Department of Health Care Services (DHCS) and the California Department of Managed Health Care (DMHC) audits. AGENDA ATTACHMENTS P300 No. 22101 HSD MINUTES ATTACHMENTS Signed P300 22104 POSITION ADJUSTMENT REQUEST NO. 22101 DATE 6/14/2017 Department No./ Department HEALTH SERVICES Budget Unit No. 0860 Org No. 6119 Agency No. A18 Action Requested: Increase the hours of Registered Nurse (VWXG) position #10605 from 20/40 to 40/40 and cancel vacant Registered Nurse position #8260 (20/40) in the Health Services Department. Proposed Effective Date: 7/17/2017 Classification Questionnaire attached: Yes No / Cost is within Department’s budget: Yes No Total One-Time Costs (non-salary) associated with request: $0.00 Estimated total cost adjustment (salary / benefits / one time): Total annual cost ($44,180.78) Net County Cost $0.00 Total this FY ($44,180.78) N.C.C. this FY $0.00 SOURCE OF FUNDING TO OFFSET ADJUSTMENT Cost Savings Department must initiate necessary adjustment and submit to CAO. Use additional sheet for further explanations or comments. Jo-Anne Linares ______________________________________ (for) Department Head REVIEWED BY CAO AND RELEASED TO HUMAN RESOURCES DEPARTMENT Enid Mendoza 7/5/2017 ___________________________________ ________________ Deputy County Administrator Date HUMAN RESOURCES DEPARTMENT RECOMMENDATIONS DATE Exempt from Human Resources review under delegated authority. Amend Resolution 71/17 establishing positions and resolutions allocating classes to the Basic / Exempt salary schedule. Effective: Day following Board Action. (Date) ___________________________________ ________________ (for) Director of Human Resources Date COUNTY ADMINISTRATOR RECOMMENDATION: DATE 7/5/2017 Approve Recommendation of Director of Human Resources Disapprove Recommendation of Director of Human Resources Enid Mendoza Other: Approve as recommended by the department. ___________________________________ (for) County Administrator BOARD OF SUPERVISORS ACTION: David J. Twa, Clerk of the Board of Supervisors Adjustment is APPROVED DISAPPROVED and County Administrator DATE BY APPROVAL OF THIS ADJUSTMENT CONSTITUTES A PERSONNEL / SALARY RESOLUTION AMENDMENT POSITION ADJUSTMENT ACTION TO BE COMPLETED BY HUMAN RESOURCES DEPARTMENT FOLLOWING BOARD ACTION Adjust class(es) / position(s) as follows: P300 (M347) Rev 3/15/01 REQUEST FOR PROJECT POSITIONS Department Date 7/5/2017 No. 1. Project Positions Requested: 2. Explain Specific Duties of Position(s) 3. Name / Purpose of Project and Funding Source (do not use acronyms i.e. SB40 Project or SD SS Funds) 4. Duration of the Project: Start Date End Date Is funding for a specified period of time (i.e. 2 years) or on a year -to-year basis? Please explain. 5. Project Annual Cost a. Salary & Benefits Costs: b. Support Costs: (services, supplies, equipment, etc.) c. Less revenue or expenditure: d. Net cost to General or other fund: 6. Briefly explain the consequences of not filling the project position(s) in terms of: a. potential future costs d. political implications b. legal implications e. organizational implications c. financial implications 7. Briefly describe the alternative approaches to delivering the services which you have considered. Indicate why these alternatives were not chosen. 8. Departments requesting new project positions must submit an updated cost benefit analysis of each project position at the halfway point of the project duration. This report is to be submitted to the Human Resources Department, which will forward the report to the Board of Supervisors. Indicate the date that your cost / benefit analysis will be submitted 9. How will the project position(s) be filled? a. Competitive examination(s) b. Existing employment list(s) Which one(s)? c. Direct appointment of: 1. Merit System employee who will be placed on leave from current job 2. Non-County employee Provide a justification if filling position(s) by C1 or C2 USE ADDITIONAL PAPER IF NECESSARY RECOMMENDATION(S): ADOPT Position Adjustment Resolution No. 22104 to increase the hours of one (1) permanent full-time Registered Nurse (VWXG) position# 8308 at salary grade L32-1880 ($$8,305-$10,372) from 30/40 hours to 40/40 hours in the Health Services Department. (Represented) FISCAL IMPACT: Upon approval, this action has an annual cost of approximately $42,163 with increased pension costs estimated at $11,046 included. BACKGROUND: Contra Costa Health Plan’s (CCHP) Case Management unit is requesting to increase the hours of one permanent Registered Nurse (VWXG) position# 8308 at salary grade L32-1880 ($$8,305-$10,372) from 30/40 hours to 40/40 hours. The increase in the RN position’s hours is needed to due to a large increase in CCHP’s members enrolled in case management. The position's incumbent is in agreement with the increase in hours. Additionally, the increase in hours is provided by the Memorandum of Understanding between the County and the California Nurses Association. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/11/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Shelanda Adams, 925-957-5263 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 46 To:Board of Supervisors From:William Walker, M.D., Health Services Date:July 11, 2017 Contra Costa County Subject:Increase the hours of one registered nurse position in the Health Services Department CONSEQUENCE OF NEGATIVE ACTION: If this action is not approved, the Case Management unit in CCHP will not have adequate staffing to meet the demand and volume of patient care services. The annual costs will be offset 100% by CCHP member premiums. AGENDA ATTACHMENTS P300 No. 22104 HSD MINUTES ATTACHMENTS Signed P300 22104 POSITION ADJUSTMENT REQUEST NO. 22104 DATE 6/5/2017 Department No./ Department HEALTH SERVICES Budget Unit No. 0860 Org No. 6119 Agency No. A18 Action Requested: Increase the hours of one permanent Registered Nurse (VWXG) position# 8308 from 30/40 to 40/40 in the Health Services Department Proposed Effective Date: 7/17/2017 Classification Questionnaire attached: Yes No / Cost is within Department’s budget: Yes No Total One-Time Costs (non-salary) associated with request: $0.00 Estimated total cost adjustment (salary / benefits / one time): Total annual cost $42,163.32 Net County Cost $0.00 Total this FY $42,163.32 N.C.C. this FY $0.00 SOURCE OF FUNDING TO OFFSET ADJUSTMENT Funding will come from 100% CCHP member fees. Department must initiate necessary adjustment and submit to CAO. Use additional sheet for further explanations or comments. Shelanda Adams ______________________________________ (for) Department Head REVIEWED BY CAO AND RELEASED TO HUMAN RESOURCES DEPARTMENT Enid Mendoza 7/5/2017 ___________________________________ ________________ Deputy County Administrator Date HUMAN RESOURCES DEPARTMENT RECOMMENDATIONS DATE Exempt from Human Resources review under delegated authority. Amend Resolution 71/17 establishing positions and resolutions allocating classes to the Basic / Exempt salary schedule. Effective: Day following Board Action. (Date) ___________________________________ ________________ (for) Director of Human Resources Date COUNTY ADMINISTRATOR RECOMMENDATION: DATE 7/5/2017 Approve Recommendation of Director of Human Resources Disapprove Recommendation of Director of Human Resources Enid Mendoza Other: Approve as recommended by the department. ___________________________________ (for) County Administrator BOARD OF SUPERVISORS ACTION: David J. Twa, Clerk of the Board of Supervisors Adjustment is APPROVED DISAPPROVED and County Administrator DATE BY APPROVAL OF THIS ADJUSTMENT CONSTITUTES A PERSONNEL / SALARY RESOLUTION AMENDMENT POSITION ADJUSTMENT ACTION TO BE COMPLETED BY HUMAN RESOURCES DEPARTMENT FOLLOWING BOARD ACTION Adjust class(es) / position(s) as follows: P300 (M347) Rev 3/15/01 REQUEST FOR PROJECT POSITIONS Department Date 7/5/2017 No. 1. Project Positions Requested: 2. Explain Specific Duties of Position(s) 3. Name / Purpose of Project and Funding Source (do not use acronyms i.e. SB40 Project or SDSS Funds) 4. Duration of the Project: Start Date End Date Is funding for a specified period of time (i.e. 2 years) or on a year -to-year basis? Please explain. 5. Project Annual Cost a. Salary & Benefits Costs: b. Support Costs: (services, supplies, equipment, etc.) c. Less revenue or expenditure: d. Net cost to General or other fund: 6. Briefly explain the consequences of not filling the project position(s) in terms of: a. potential future costs d. political implications b. legal implications e. organizational implications c. financial implications 7. Briefly describe the alternative approaches to delivering the services which you have considered. Indicate why these alternatives were not chosen. 8. Departments requesting new project positions must submit an updated cost benefit analysis of ea ch project position at the halfway point of the project duration. This report is to be submitted to the Human Resources Department, which will forward the report to the Board of Supervisors. Indicate the date that your cost / benefit analysis will be submitted 9. How will the project position(s) be filled? a. Competitive examination(s) b. Existing employment list(s) Which one(s)? c. Direct appointment of: 1. Merit System employee who will be placed on leave from current job 2. Non-County employee Provide a justification if filling position(s) by C1 or C2 USE ADDITIONAL PAPER IF NECESSARY RECOMMENDATION(S): ADOPT Position Adjustment Resolution No. 22105 to add one (1) part-time (20/40) Clerk-Experienced Level (JWXB) (represented) position at salary plan and grade 3RH-0750 ($2,905-$3,605) in the Library Department, at the San Pablo Library. FISCAL IMPACT: Upon approval, this action will result in an annual cost of $34,203. There is no fiscal impact to the County General Fund. The cost is funded in the Library budget.City of San Pablo has agreed to provide funding BACKGROUND: The San Pablo Library is moving to a new larger location and is expected to open to the public on July 29, 2017. In order to improve service to its community, the City of San Pablo has agreed to provide funding for the Library to be open seven (7) days a week instead of six (6) days a week. The Library evaluated its staffing plan and determined that it needed to add a part-time 20/40 Clerk-Experienced Level position for adequate service delivery during operational hours at a larger library facility. CONSEQUENCE OF NEGATIVE ACTION: If this position is not added, the San Pablo Library will have insufficient staffing levels to meet the needs of the community it serves. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/11/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Michelle McCauley, (925) 608-7702 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Michelle McCauley C. 47 To:Board of Supervisors From:Melinda Cervantes, County Librarian Date:July 11, 2017 Contra Costa County Subject:Add One Part-time Clerk-Experienced Level Position in the Library Department CHILDREN'S IMPACT STATEMENT: No impact. AGENDA ATTACHMENTS P300 30135_Add PT Clerk Exp Level to Library MINUTES ATTACHMENTS Signed P300 22105 POSITION ADJUSTMENT REQUEST NO. 22105 DATE 5/22/2017 Department No./ Department County Library Budget Unit No. 0621 Org No. 3798 Agency No. 85 Action Requested: Add One Part-time 20/40 Clerk-Experienced Level Position in the Library Department Proposed Effective Date: 8/1/2017 Classification Questionnaire attached: Yes No / Cost is within Department’s budget: Yes No Total One-Time Costs (non-salary) associated with request: $0.00 Estimated total cost adjustment (salary / benefits / one time): Total annual cost $34,203.00 Net County Cost $0.00 Total this FY $31,353.00 N.C.C. this FY $0.00 SOURCE OF FUNDING TO OFFSET ADJUSTMENT Library Fund; City of San Pablo reimbursement Department must initiate necessary adjustment and submit to CAO. Use additional sheet for further explanations or comments. Melinda S. Cervantes ______________________________________ (for) Department Head REVIEWED BY CAO AND RELEASED TO HUMAN RESOURCES DEPARTMENT BR for JE 6/16/2017 ___________________________________ ________________ Deputy County Administrator Date HUMAN RESOURCES DEPARTMENT RECOMMENDATIONS DATE 6/16/2017 Add One Part-time Clerk-Experienced Level Position in the Library Department Amend Resolution 71/17 establishing positions and resolutions allocating classes to the Basic / Exempt salary schedule. Effective: Day following Board Action. (Date) Eldreai Ellis 6/16/2017 ___________________________________ ________________ (for) Director of Human Resources Date COUNTY ADMINISTRATOR RECOMMENDATION: DATE 7/5/2017 Approve Recommendation of Director of Human Resources Disapprove Recommendation of Director of Human Resources /s/ Julie DiMaggio Enea Other: ____________________________________________ ___________________________________ (for) County Administrator BOARD OF SUPERVISORS ACTION: David J. Twa, Clerk of the Board of Supervisors Adjustment is APPROVED DISAPPROVED and County Administrator DATE BY APPROVAL OF THIS ADJUSTMENT CONSTITUTES A PERSONNEL / SALARY RESOLUTION AMENDMENT POSITION ADJUSTMENT ACTION TO BE COMPLETED BY HUMAN RESOURCES DEPARTMENT FOLLOWING BOARD ACTION Adjust class(es) / position(s) as follows: P300 (M347) Rev 3/15/01 REQUEST FOR PROJECT POSITIONS Department Date 7/5/2017 No. xxxxx 1. Project Positions Requested: 2. Explain Specific Duties of Position(s) 3. Name / Purpose of Project and Funding Source (do not use acronyms i.e. SB40 Project or SDSS Funds) 4. Duration of the Project: Start Date End Date Is funding for a specified period of time (i.e. 2 years) or on a year -to-year basis? Please explain. 5. Project Annual Cost a. Salary & Benefits Costs: b. Support Costs: (services, supplies, equipment, etc.) c. Less revenue or expenditure: d. Net cost to General or other fund: 6. Briefly explain the consequences of not filling the project position(s) in terms of: a. potential future costs d. political implications b. legal implications e. organizational implications c. financial implications 7. Briefly describe the alternative approaches to delivering the services which you have considered. Indicate why these alternatives were not chosen. 8. Departments requesting new project positions must submit an updated cost benefit analysis of each project position at the halfway point of the project duration. This report is to be submitted to the Human Resources Department, which will forward the report to the Board of Supervisors. Indicate the date that your cost / benefit analysis will be submitted 9. How will the project position(s) be filled? a. Competitive examination(s) b. Existing employment list(s) Which one(s)? c. Direct appointment of: 1. Merit System employee who will be placed on leave from current job 2. Non-County employee Provide a justification if filling position(s) by C1 or C2 USE ADDITIONAL PAPER IF NECESSARY RECOMMENDATION(S): APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a lease with Balbir Singh and Joginder Kaur Singh for a 4-year term for approximately 3,412 square feet of office space located at 190 E. 4th Street, Pittsburg, for use by the Supervisor of District V. The lease includes two four-year renewals. The annual rental payment for the first year is $20,472 and $40,944 for each of the remaining three years, under the terms and conditions set forth in the lease. AUTHORIZE the Public Works Director, or designee, to execute any renewal options under the terms and conditions set forth in the lease. FISCAL IMPACT: Monthly rent ($20,472/month year 1) plus the county’s share of the cost of tenant improvements (not to exceed $200,000 including the cost of furnishings) (100% General Fund.) BACKGROUND: The District V Supervisor is currently located at 315 E. Leland Road, Pittsburg. In recent years, the building has experienced a number of problems, including problems with the roof and the air conditioning systems. The new building, located in downtown Pittsburg, will provide more space for staff and a more convenient space for the Supervisor to meet with the public. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/11/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: David Silva, (925) 313-2132 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: C. 48 To:Board of Supervisors From:Julia R. Bueren, Public Works Director/Chief Engineer Date:July 11, 2017 Contra Costa County Subject:Execute Lease of Office Space at 190 E. 4th Street, Pittsburg, for use by Supervisor of District V BACKGROUND: (CONT'D) The lessor is providing the County with a $100,000 allowance for tenant improvements. The County is contributing a $200,000 allowance for the tenant improvements. The total cost for tenant improvements shall not exceed $300,000 in total. The lessor is responsible for constructing the tenant improvements. CONSEQUENCE OF NEGATIVE ACTION: If this lease is not approved, the Supervisor of District V will continue to operate from an old building that is experiencing building system failures and the County will incur additional expenses in finding a new location. RECOMMENDATION(S): APPROVE and AUTHORIZE the Sheriff-Coroner, or designee, to execute a contract with the City of Pittsburg, including mutual indemnification, to pay the County an amount not to exceed $7,500,000 to provide police dispatching services for the period January 1, 2018 through December 31, 2022. FISCAL IMPACT: No Net County Cost. $7,500,000 revenue over five years. BACKGROUND: The Office of the Sheriff will provide police dispatching services, limited to law enforcement activity for the City of Pittsburg. Services will include dispatching, call-taking, sending and receiving voice and data traffic, answering emergency (911) calls and warrant checks to aid the the city's Police Department. CONSEQUENCE OF NEGATIVE ACTION: Failure to approve this contract will result in the inability of the Sheriff's Office to provide the City of Pittsburg with adequate 911 Dispatcher Services resulting in a safety concern for the community, reduced revenue for the Office of the Sheriff and the County General Fund. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/11/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Sandra Brown, (925)335-1553 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 49 To:Board of Supervisors From:David O. Livingston, Sheriff-Coroner Date:July 11, 2017 Contra Costa County Subject:Police Dispatching Services CHILDREN'S IMPACT STATEMENT: RECOMMENDATION(S): APPROVE and AUTHORIZE the Employment & Human Services Department Director, or designee, to execute a contract amendment to pay the county an additional $80,340 and increase the payment limit to $366,340 from Contra Costa County Office of Education to implement the Quality Rating and Improvement System with no change to term July 1, 2016 through June 30, 2017. FISCAL IMPACT: 100% grant funding Contra Costa County Office of Education No County match BACKGROUND: The Department's Community Services Bureau (CSB) submitted a grant application to Contra Costa County Office of Education to receive funding to implement a Quality Rating System through stipends for the Ambrose, Balboa, Bayo Vista, Brookside, Contra Costa College, Crescent Park, George Miller - Concord, George Miller III - Richmond, Las Deltas, Lavonia Allen, Los Arboles, Los Nogales, Marsh Creek, Riverview and Verde childcare sites. Partner sites - First Baptist APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/11/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: CSB (925) 681-6381 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Nelly Ige, Ressie Dayco, Janissa Rowley C. 50 To:Board of Supervisors From:Kathy Gallagher, Employment & Human Services Director Date:July 11, 2017 Contra Costa County Subject:2016-17 Quality Rating and Improvement System (QRIS) grant amendment BACKGROUND: (CONT'D) Head Start - Fairgrounds Center and Little Angels Country School will also receive funding. Stipends will be used to fund professional growth training for staff to implement the Quality Rating and Improvement System program. The stipends are awarded to child care centers to improve the quality services through enhanced professional development for staff and updated, improved site materials. The stipends will be given out on a per classroom basis. The site supervisors, under the direction of Community Services Bureau Assistant Directors, will determine what specific site materials, such as play equipment or educational toys, will be purchased. Professional development stipends will be distributed to selected classrooms, not to individuals, to fund site-based training for classroom staff. Selection of site award is determined by which sites have NAEYC (National Association of Education of Young Children) and/or PMD (Preschool Makes a Difference) designations. The CSB Director will make final decisions regarding stipend allocations. Allocation will be based on site designation, size of center population, and professional learning needs as determined through assessment. The board approved receipt of funds on October 18, 2016 (c.44). This board order is to accept additional funding from the grantor. CONSEQUENCE OF NEGATIVE ACTION: If not approved, the department will not receive funding to implement Quality Rating System components. CHILDREN'S IMPACT STATEMENT: The Community Services Bureau of the Employment & Human Services Department’s Early Head Start program supports three of Contra Costa County’s community outcomes - Outcome 1: “Children Ready for and Succeeding in School,” Outcome 3: “Families that are Economically Self-sufficient,” and, Outcome 4: “Families that are Safe, Stable, and Nurturing.” These outcomes are achieved by offering comprehensive services, including high quality early childhood education, nutrition, and health services to low-income children throughout Contra Costa County. ATTACHMENTS QRIS Amendment QRIS budget RECOMMENDATION(S): APPROVE and AUTHORIZE the Employment & Human Services Department Director, or designee, to submit an application to and accept funding from the Department of Health and Human Services Administration for Children and Families in an amount not to exceed $158,515 for Head Start supplemental funding for the term January 1 - December 31, 2017. FISCAL IMPACT: The County, as Grantee, is required to generate a 20% non-federal in-kind match not to exceed $39,629. This match is achieved through collaboration with State Child Development programs and the volunteer hours accrued by Head Start parents and community partners. CFDA # 93.600 / CAN # G094122 APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/11/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: CSB (925) 681-6389 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Nasim Eghlima, Haydee Ilan C. 51 To:Board of Supervisors From:Kathy Gallagher, Employment & Human Services Director Date:July 11, 2017 Contra Costa County Subject:2017 Head Start Cost-of-Living Adjustment grant FISCAL IMPACT: (CONT'D) Head Start cost-of-living adjustment Federal $158,515 = 80% Match (In-Kind) $39,629 = 20% Total = $198,144 In-Kind match is 20% of total funding BACKGROUND: Contra Costa County submits an application annually to U.S. Health and Human Services Department, Administration for Children and Families (ACF) as the Head Start grantee. The Head Start services are operated by the Employment & Human Services Department, Community Services Bureau. The Consolidated Appropriations Act of 2017 contains an increase for programs under the Head Start Act for Fiscal Year 2017. A portion of the increase provide a cost of living adjustment of 1% to assist grantees in increasing staff salaries and fringe benefits. The Department intends to use the funding to cover increased operational costs due to benefits and negotiated salary increases as well as to provide a pro-rate increase to delegate agency, First Baptist Head Start, in the amount of $20,811. The Department plans to submit an application to ACF on June 30, 2017. The Head Start Policy Council will review the application for approval on June 21, 2017. date. This board order is to obtain Board of Supervisors approval for the grant submission. CONSEQUENCE OF NEGATIVE ACTION: If not approved, supplemental funding will not be awarded. CHILDREN'S IMPACT STATEMENT: The Community Services Bureau of the Employment & Human Services Department’s Head Start program supports three of Contra Costa County’s community outcomes - Outcome 1: “Children Ready for and Succeeding in School,” Outcome 3: “Families that are Economically Self-sufficient,” and, Outcome 4: “Families that are Safe, Stable, and Nurturing.” These outcomes are achieved by offering comprehensive services, including high quality early childhood education, nutrition, and health services to low-income children throughout Contra Costa County. RECOMMENDATION(S): APPROVE and AUTHORIZE the Employment & Human Services Department Director, or designee, to submit an application to and accept funding from the Department of Health and Human Services Administration for Children and Families in an amount not to exceed $10,549 for Early Head Start Child Care Partnership supplemental funding for the term July 1, 2017 through June 30, 2018. FISCAL IMPACT: The County, as Grantee, is required to generate a 20% non-federal in-kind match not to exceed $2,637). This match is achieved through collaboration with State Child Development programs and the volunteer hours accrued by Head Start parents and community partners. CFDA # 93.600 / CAN # G094125 APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/11/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: CSB (925) 681-6389 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Nasim Eghlima, Haydee Ilan C. 52 To:Board of Supervisors From:Kathy Gallagher, Employment & Human Services Director Date:July 11, 2017 Contra Costa County Subject:2017 Early Head Start Cost-of-Living Adjustment grant FISCAL IMPACT: (CONT'D) Early Head Start Cost-of-Living adjustment Federal $10,549 = 80% Match (In-Kind) $2,637 = 20% Grand Total $13,186 = 100% In-Kind match is 20% of total funding BACKGROUND: Contra Costa County submits an application annually to U.S. Health and Human Services Department, Administration for Children and Families (ACF) as the Head Start grantee. The Early Head Start Child Care Partnership services are operated by the Employment & Human Services Department, Community Services Bureau. The Consolidated Appropriations Act of 2017 contains an increase for programs under the Head Start Act for Fiscal Year 2017. A portion of the increase provides a cost of living adjustment of 1 percent to assist grantees in increasing staff salaries and fringe benefits. The Department intends to use the funding to cover increased operational costs due to benefits and negotiated salary increases. The Department plans to submit an application to ACF on June 30, 2017. The Head Start Policy Council reviewed and approved the application for approval on June 21, 2017. This board order is to obtain BOS approval for the grant submission. CONSEQUENCE OF NEGATIVE ACTION: If not approved, funding to assist with Early Head Start Child Care Partnership operating costs will be forfeited. CHILDREN'S IMPACT STATEMENT: The Community Services Bureau of the Employment & Human Services Department’s Head Start program supports three of Contra Costa County’s community outcomes - Outcome 1: “Children Ready for and Succeeding in School,” Outcome 3: “Families that are Economically Self-sufficient,” and, Outcome 4: “Families that are Safe, Stable, and Nurturing.” These outcomes are achieved by offering comprehensive services, including high quality early childhood education, nutrition, and health services to low-income children throughout Contra Costa County. RECOMMENDATION(S): APPROVE and AUTHORIZE the Employment & Human Services Department Director, or designee, to execute a revenue agreement in the amount of $1,340,728 from the California Department of Education for alternative payment childcare programs operated by the county with term July 1, 2017 through June 30, 2018. FISCAL IMPACT: No County match. 64% Federal / CFDA # 93.596 ($854,445) 36% State ($486,283) Federal funds passed through State through the Department of Education State: CAPP 7010 County: 29-212-28 BACKGROUND: The Department was notified APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/11/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: CSB (925) 681-6304 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Carolyn Nguyen, Ressie Dayco C. 53 To:Board of Supervisors From:Kathy Gallagher, Employment & Human Services Director Date:July 11, 2017 Contra Costa County Subject:2017-18 Calif. Dept. of Educ. Alternative Payment Childcare services revenue contract BACKGROUND: (CONT'D) by California Department of Education on June 13, 2017 of the county's 2017-18 allocation for the Alternative Payment childcare services program. The Alternative Payment childcare services program provides funding for program eligible families to receive services. Priority is given to families who interface with Child Protective Services; families with children at-risk of abuse and neglect; low-income families; and families with children who have special needs. Approval of this board order will allow the continued provision of these childcare services. CONSEQUENCE OF NEGATIVE ACTION: If not approved, County will not receive funding to operate this childcare program. CHILDREN'S IMPACT STATEMENT: The Employment & Human Services Department Community Services Bureau supports three of Contra Costa County’s community outcomes - Outcome 1: “Children Ready for and Succeeding in School,” Outcome 3: “Families that are Economically Self-sufficient,” and, Outcome 4: “Families that are Safe, Stable, and Nurturing.” These outcomes are achieved by offering comprehensive services, including high quality early childhood education, nutrition, and health services to low-income children throughout Contra Costa County. RECOMMENDATION(S): RATIFY execution of a Cloud Subscription Agreement with Cornerstone OnDemand, Inc. by the Employment and Human Service’s Director of Information Systems, and AUTHORIZE and APPROVE the Employment and Human Service Director, or her designee, to execute an amendment to the Cloud Services Agreement with Cornerstone, in an amount not to exceed $383,595 for the period March 29, 2017 through March 28, 2020. (10% County; 48% State; $42% Federal) FISCAL IMPACT: $383,595: 100% Administrative Overhead (10% County; 48% State; $42% Federal) BACKGROUND: Cornerstone OnDemand, Inc. was selected to provide the Employment and Human Services Department (EHSD) Learning Management System for staff who work with social services caseloads. This system hosts e-learning, manages classrooms, ensures staff take classes to maintain certifications, and meet regulatory requirements. On September 26, 2013, the EHSD APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/11/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: V. Kaplan, 3-1514 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 54 To:Board of Supervisors From:Kathy Gallagher, Employment & Human Services Director Date:July 11, 2017 Contra Costa County Subject:Cornerstone OnDemand, Inc. Software License and Services Agreement BACKGROUND: (CONT'D) Director of Information Systems executed a Cloud Subscription Agreement with Cornerstone OnDemand, Inc. for the delivery of internet-based learning for EHSD staff. The Cloud Services Agreement obligates the County to indemnify Cornerstone for losses arising out of County data infringing on a third-party’s rights. The Cloud Services Agreement limits Cornerstone’s liability under the agreement to the total amount of fees paid under the agreement in the twelve months preceding any claim. CONSEQUENCE OF NEGATIVE ACTION: Employment and Human Services Department would not meet federal and state mandates on training needs. CHILDREN'S IMPACT STATEMENT: Not applicable. RECOMMENDATION(S): APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, on behalf of the Workforce Development Board, Small Business Development Center, to apply for and accept funding from the Governor's Office of Business (GO-Biz) in an amount not to exceed $50,000 to deliver services to current and aspiring business owners for the purposes of accessing capital for the period July 1, 2017 through June 30, 2018. FISCAL IMPACT: County to receive an amount not to exceed $50,000, 100% State ( No County match) BACKGROUND: The Workforce Development Board, Small Business Develop Center, delivers and participates in Access to Capital trainings, as well as events, and invests deeply in partnerships with community-based organizations and financial institutions to develop strong referral systems. The mission of the Small Business Development Center and the Governor's Office of Business and Economic Development (GO-Biz) is to bolster and strengthen the State economy and workforce. The purpose of this grant is to help APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/11/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Elaine Burres, 313-1717 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 55 To:Board of Supervisors From:Kathy Gallagher, Employment & Human Services Director Date:July 11, 2017 Contra Costa County Subject:Governor's Office of Business and Economic Development (GO-Biz) funding BACKGROUND: (CONT'D) small businesses and entrepreneurs navigate the financing landscape and successfully access the funding needed to operate and/ or expand their businesses. Challenges in accessing capital funding remain a barrier to growth for the State's small business base. The grant funds will be used to provide business consulting and funding infusion. CONSEQUENCE OF NEGATIVE ACTION: Current and aspiring business owners in Contra Costa County would not receive Small Business Development Center services and training to assist them in accessing capital. CHILDREN'S IMPACT STATEMENT: Not applicable. RECOMMENDATION(S): APPROVE and AUTHORIZE the Employment & Human Services Department Director, or designee, to execute a contract with California Department of Education in an amount not to exceed $5,026,559, to provide for childcare and development programs (CalWORKS Stage 2) for the period July 1, 2017 through June 30, 2018. FISCAL IMPACT: 100% State funding No County match State: C2AP 7009 County: 29-213-31 BACKGROUND: The Department received notification on June 15, 2017 from California Department of Education for the 2017-18 funding allocation for alternative payment / CalWORKS Stage 2 childcare services. This State program provides funding to reimburse a portion of the childcare costs incurred by CalWORKS Stage 2 participants through their participation in the CalWORKS program. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/11/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: CSB (925) 681-6304 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Carolyn Nguyen, Ressie Dayco C. 56 To:Board of Supervisors From:Kathy Gallagher, Employment & Human Services Director Date:July 11, 2017 Contra Costa County Subject:2017-18 Calif. Dept. of Educ. CalWORKS Stage 2 childcare revenue contract CONSEQUENCE OF NEGATIVE ACTION: If not approved, County will not have funds to operate CalWORKS Stage 2 childcare program. CHILDREN'S IMPACT STATEMENT: The Employment & Human Services Department Community Services Bureau supports three of Contra Costa County’s community outcomes - Outcome 1: “Children Ready for and Succeeding in School,” Outcome 3: “Families that are Economically Self-sufficient,” and, Outcome 4: “Families that are Safe, Stable, and Nurturing.” These outcomes are achieved by offering comprehensive services, including high quality early childhood education, nutrition, and health services to low-income children throughout Contra Costa County. RECOMMENDATION(S): ADOPT Resolution No. 2017/236 approving and authorizing the Chief Assistant District Attorney to submit an application and execute a grant award agreement, and any extensions or amendments thereof, pursuant to State guidelines, with the California Department of Insurance for funding of the Automobile Insurance Fraud Prosecution Program in the amount of $1,242,171 for the period July 1, 2017 through June 30, 2018 (State Funds - no match required). FISCAL IMPACT: The grant will partially fund salaries and benefits for Attorneys, Sr. Inspectors, a clerk, and small amounts of other staff time assigned to the program. Supplantation is prohibited. BACKGROUND: The State Legislature has determined that one of the significant factors driving up the cost of automobile insurance is fraud. While fraud is recognized as a growing problem across the country, California is an area of concerted criminal activity in insurance fraud. The APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/11/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Cherie Mathisen 925-957-2234 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 57 To:Board of Supervisors From:Doug MacMaster, Chief Assistant District Attorney Date:July 11, 2017 Contra Costa County Subject:Approval to Submit an Application and Execute a Grant Award for funding of Automobile Insurance Fraud BACKGROUND: (CONT'D) Automobile Insurance Fraud Prosecution award is allocated from a trust fund financed by an assessment per insured vehicle, payable by the insurer. A portion of the assessment amount is earmarked for distribution to County District Attorney Offices for enhanced prosecution of automobile fraud. CONSEQUENCE OF NEGATIVE ACTION: The District Attorney's Office will be unable to apply for and accept the grant. CHILDREN'S IMPACT STATEMENT: No impact. AGENDA ATTACHMENTS Resolution No. 2017/236 MINUTES ATTACHMENTS Signed Resolution No. 2017/236 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 07/11/2017 by the following vote: AYE: John Gioia Candace Andersen Diane Burgis Karen Mitchoff Federal D. Glover NO: ABSENT: ABSTAIN: RECUSE: Resolution No. 2017/236 Funding for the Automobile Insurance Fraud Prosecution Program. WHEREAS the Board of Supervisors, Contra Costa County, desires to undertake a certain project designated as the Automobile Insurance Fraud Prosecution Program to be funded in part from funds made available under the authority of California Insurance Code Section 1872.8, California Code of Regulations, Title 10, 2698.60 and administered by the California Department of Insurance. NOW, THEREFORE BE IT RESOLVED that the Chief Assistant District Attorney of the County of Contra Costa, or designee, is authorized on its behalf to submit a grant proposal to the California Department of Insurance and is authorized to execute, on behalf of the Board of Supervisors, the Grant Award Agreement, including any extensions or amendments thereof. BE IT FURTHER RESOLVED BE IT FURTHER RESOLVED that the grant funds received hereunder shall not be used to supplant expenditures previously authorized or controlled by this body. Contact: Cherie Mathisen 925-957-2234 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: 5 RECOMMENDATION(S): APPROVE and AUTHORIZE the Employment & Human Services Director, or designee, to execute a contract amendment to increase the payment limit by $360,890 to new limit $846,479 with the California Department of Community Services and Development to provide Community Services Block Grant program services with no change to term January 1, 2017 through December 31, 2017. FISCAL IMPACT: 100% Federal funding via California Department of Community Services & Development Pass through of Federal funds / CFDA # 93.569 (no County match) State: 17F-2007 / Amend 2 County: 39-813-45 BACKGROUND: The Department received notification of funding from California Department of Community Services and Development on November 22, 2016. As the County's Community Action Agency, the Department's Community Services APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/11/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: CSB (925) 681-6345 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Nancy Sparks, Sam Mendoza C. 58 To:Board of Supervisors From:Kathy Gallagher Date:July 11, 2017 Contra Costa County Subject:2017 Community Services Block Grant (CSBG) revenue contract amendment #2 BACKGROUND: (CONT'D) Bureau regularly receives Community Services Block Grant (CSBG) funding to operate self-sufficiency programs under the advisement of the County's Economic Opportunity Council (EOC). The funding amount is based on the County’s low-income population which meets federal poverty guidelines. This initial award for the 2017 program year is a partial allocation based on the partial grant award received by the State from the federal government for CSBG. An amendment was approved by the board on May 2, 2017 (c.21) date to add funds to the 2017 allocation. This amendment #2 is provide additional funding as the funding is appropriated by congressional action. CONSEQUENCE OF NEGATIVE ACTION: If not approved, the Department will be hampered in its ability to meet the needs of the community, and to establish partnerships with community based agencies and public organizations. CHILDREN'S IMPACT STATEMENT: The Employment & Human Services Department Community Services Bureau supports three of Contra Costa County’s community outcomes - Outcome 1: “Children Ready for and Succeeding in School,” Outcome 3: “Families that are Economically Self-sufficient,” and, Outcome 4: “Families that are Safe, Stable, and Nurturing.” These outcomes are achieved by offering comprehensive services, including high quality early childhood education, nutrition, and health services to low-income children throughout Contra Costa County. RECOMMENDATION(S): APPROVE and AUTHORIZE the Employment & Human Services Department Director, or designee, to submit an application to and accept funding from the Department of Health and Human Services Administration for Children and Families in an amount not to exceed $34,214 for Early Head Start supplemental funding for the term January 1 - December 31, 2017. FISCAL IMPACT: The County, as Grantee, is required to generate a 20% non-federal in-kind match not to exceed $8,553 (see chart below). This match is achieved through collaboration with State Child Development programs and the volunteer hours accrued by Head Start parents and community partners. CFDA # 93.600 / Award No. 09CH9115 APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/11/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: CSB (925) 681-6345 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Nasim Eghlima, Haydee Ilan C. 59 To:Board of Supervisors From:Kathy Gallagher, Employment & Human Services Director Date:July 11, 2017 Contra Costa County Subject:2017 Early Head Start Cost-of-Living Adjustment grant, #2 FISCAL IMPACT: (CONT'D) Early Head Start Cost-of-Living adjustment Federal $34,214 = 80% Match (In-Kind) $8,553 = 20% Grand Total $42,677 = 100% In-Kind match is 20% of total funding BACKGROUND: Contra Costa County submits an application annually to U.S. Health and Human Services Department, Administration for Children and Families (ACF) as the Head Start grantee. The Early Head Start services are operated by the Employment & Human Services Department, Community Services Bureau. The Consolidated Appropriations Act of 2017 contains an increase for the programs under the Head Start Act for Fiscal Year 2017. The Department intends to use the funding to cover increased operational costs due to benefits and negotiated salary increases under the Early Head Start Child Care Partnership. The Department plans to submit an application to ACF on June 30,2017. The Head Start Policy Council will review the application for approval on June 21, 2017. This board order is to obtain BOS approval for the grant submission. CONSEQUENCE OF NEGATIVE ACTION: If not approved, funding to assist with Early Head Start operating costs will be forfeited. CHILDREN'S IMPACT STATEMENT: The Community Services Bureau of the Employment & Human Services Department’s Head Start program supports three of Contra Costa County’s community outcomes - Outcome 1: “Children Ready for and Succeeding in School,” Outcome 3: “Families that are Economically Self-sufficient,” and, Outcome 4: “Families that are Safe, Stable, and Nurturing.” These outcomes are achieved by offering comprehensive services, including high quality early childhood education, nutrition, and health services to low-income children throughout Contra Costa County. RECOMMENDATION(S): APPROVE and AUTHORIZE the Agricultural Commissioner, or designee, to execute an agreement with the California Department of Food and Agriculture (CDFA) in an amount not to exceed $59,237 to provide Light Brown Apple Moth quarantine response and regulatory enforcement activities for the period July 1, 2017 through June 30, 2018. FISCAL IMPACT: Agreement 17-0154-028-SF provides reimbursement for County expenses not to exceed $59,237 incurred during the period of July 1, 2017 through June 30, 2018. There is no county match of funds nor grant monies involved. The Department has budgeted this revenue in the 17/18 budget. BACKGROUND: The Light Brown Apple Moth (LBAM) was first detected in Contra Costa County in March 2007 and subsequently the county has become generally infested. As multiple detections of LBAM continued, the California Department of Food and Agriculture (CDFA) imposed emergency adoption of Section 3434, Light Brown Apple Moth Interior Quarantine, eventually adding the entirety of Contra Costa County. The United States Department of Agriculture (USDA) issued a Federal Domestic Quarantine APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/11/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: 646-5250 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 60 To:Board of Supervisors From:Matt Slattengren Date:July 11, 2017 Contra Costa County Subject:Agreement #17-0154-028 Pest Exclusion - LBAM Regulatory BACKGROUND: (CONT'D) Order (DA-2007-42), regulating the intestate movement of host material from the infested areas of California and Hawaii. This regulation requires all nurseries green waste facilities, community gardens and harvest host plants commodities within the infested areas be issued quarantine compliance agreements and be inspected every 30 days. CONSEQUENCE OF NEGATIVE ACTION: A negative action will result in failure to meet State mandates and reduce revenue to the Department. This would also negatively impact the county's nursery industry and some growers as they would not be able to meet the requirements to ship host material to non-infested areas outside the county. CHILDREN'S IMPACT STATEMENT: None RECOMMENDATION(S): APPROVE and AUTHORIZE the Agricultural Commissioner, or designee, to execute Agreement #17-0224-000-SA with the California Department of Food and Agriculture (CDFA) to reimburse the County an amount not to exceed $14,550 for enforcement services for the period of July 1, 2017 through June 30, 2018. FISCAL IMPACT: Approval of this agreement will provide revenue to the Department in an amount not to exceed $14550. There is no county match of funds nor any grant monies involved. BACKGROUND: Gasoline service stations and others selling petroleum products are required by state law to meet advertising and signage requirements. Service stations are also required to provide water and air "free of charge" to customers and to provide handicap service to customers with some exceptions. This agreement will reimburse the Department for services enforcing these laws. CONSEQUENCE OF NEGATIVE ACTION: The County will not be reimbursed for enforcement of service station laws. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/11/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: 646-5250 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 61 To:Board of Supervisors From:Matt Slattengren Date:July 11, 2017 Contra Costa County Subject:Agreement #17-0224-000-SA Petroleum Products CHILDREN'S IMPACT STATEMENT: None RECOMMENDATION(S): APPROVE and AUTHORIZE the Sheriff-Coroner, or designee, to execute a contract with the California Commission on Peace Officer Standards and Training (POST), including indemnification of the State of California, to pay the County an initial allocation of $7,726.32 to provide the Driving Simulator Instructor Training course for the period July 1, 2017 through June 30, 2018. FISCAL IMPACT: No net County Cost. 100% Revenue; $7,726.32, State of California Commission on Peace Officer Standards and Training (POST). Budgeted. BACKGROUND: The Office of the Sheriff - Law Enforcement Training Center provides a State Commission on Peace Officer Standards and Training (POST) approved 24-hour driving simulator instructor course to law enforcement personnel in order to ensure up-to-date training for other instructors. This contract will enable the Sheriff's Office to recover the costs of this instruction for the students. CONSEQUENCE OF NEGATIVE ACTION: If the contract with the State of California is not be approved. The Sheriff's Office will not be able to provide or be reimbursed for the services outlined in this contract. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/11/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Sandra Brown, 925-335-1553 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 62 To:Board of Supervisors From:David O. Livingston, Sheriff-Coroner Date:July 11, 2017 Contra Costa County Subject:Contract with POST for the Sheriff's Office to provide Driving Simulator Instructor Course CHILDREN'S IMPACT STATEMENT: No impact. RECOMMENDATION(S): Approve and authorize the Health Services Director, or his designee, to execute, on behalf of the County, Grant Agreement #29-810 (CA1548L9T051600) with the United States Department of Housing and Urban Development (HUD), for McKinney-Vento Act funds, to pay County an amount not to exceed $666,691, for the expansion of the County’s Continuum of Care Coordinated Entry Project, for the period from July 1, 2017 through June 30, 2018. FISCAL IMPACT: Approval of this award will result in an amount not to exceed $666,691, payable to the County from HUD McKinney-Vento Act funds for County’s Continuum of Care Project, with a required 25% match of $166,673 provided by County and appropriated in the budget. No additional County match required. BACKGROUND: The Contra Costa Continuum of Care (CoC), through its Inter-jurisdictional Council on Homelessness was awarded funds for the expansion of the Coordinated Entry Project. The Contra Costa Coordinated Entry Project will achieve key strategies in the 2014 Strategic Plan Update: APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/11/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Lavonna Martin, 925-313-7704 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: L Walker , M Wilhelm C. 63 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:July 11, 2017 Contra Costa County Subject:Grant Agreement #29-810 with United States Department of Housing and Urban Development (HUD) BACKGROUND: (CONT'D) Forging Ahead, Implementing a coordinated assessment system to streamline access to housing and services, while addressing barriers, and getting the right resources to the right people, at the right time. Serving all homeless clients throughout the County, this project will expand supportive services for additional case managers, housing navigators, prevention and diversion and an outreach team staff to locate and engage clients in the CE System, supported by housing navigators in our crisis response system Approval of Grant Agreement #29-810 will allow the County to receive funding for the expansion of the Continuum of Care Coordinated Entry Project, through June 30, 2018. CONSEQUENCE OF NEGATIVE ACTION: If this award is not accepted, the County will not receive funding to expand the Continuum of Care project which will result in fewer supportive services for homeless individuals and families putting their well-being and safety at risk. RECOMMENDATION(S): Approve and authorize the Health Services Director, or his designee, to execute, on behalf of the County, Grant Agreement #28-798-7 (CA0189L9T051608) from the United States Department of Housing and Urban Development (HUD) to receive McKinney-Vento funding, payable to County, in an amount not to exceed $251,686, for the Permanent Connections Supportive Housing Program, for the period from July 1, 2017 through June 30, 2018. FISCAL IMPACT: This grant will result in $251,686 of funding from HUD, with a required 25% match in the amount of $62,922 provided by County and appropriated in the budget. No additional County match required. BACKGROUND: Permanent Connections Supportive Housing provides housing sites for homeless, transition-age youth, between the ages of eighteen (18) and twenty-four (24), with disabilities. Ten (10) units are set aside for youth, who are disabled by mental illness, substance abuse, HIV/AIDS, or dual/multiple diagnoses. The program is designed to provide on-going supportive services with an emphasis on families maintaining their permanent, safe, and affordable housing. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/11/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Cynthia Belon (925) 957-5201 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: L Walker , M Wilhelm C. 64 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:July 11, 2017 Contra Costa County Subject:Grant Agreement #28-798-7 from the United States Department of Housing and Urban Development (HUD) BACKGROUND: (CONT'D) On September 13, 2016 Board of Supervisors approved Grant Agreement #28-798-6 for the period from July 1, 2016 through June 30, 2017. Approval of Grant Agreement #28-798-7 will allow the County to continue to perform all responsibilities in relation to receipt of the funding for the Permanent Connections Supportive Housing Program through June 30, 2018. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, the County will not receive funding to support the Permanent Connections Supportive Housing Program. RECOMMENDATION(S): APPROVE and AUTHORIZE the Conservation and Development Director, or designee, to execute a contract with the Contra Costa Centre Association in an amount not to exceed $291,000, for transportation demand management services for the Contra Costa Centre area, for the period July 1, 2017 through June 30, 2018. FISCAL IMPACT: No impact to the County General Fund. 100% County Service Area M-31 funds. The commercial property owners at Contra Costa Centre voted to approve the formation of County Service Area M-31 to fund County mandated transportation demand management services in the area. BACKGROUND: Contra Costa County (County) has required a Transportation Demand Management (TDM) program for the Contra Costa Centre area since 1986 to encourage the use of alternative modes of transportation by station area employees in order to mitigate the traffic impacts resulting from the development of the area. The County has entered an agreement with the Contra Costa Centre Association to manage the TDM program for the Contra Costa Centre area each year since 1990. The property owners in Contra Costa Centre area have established a County Service Area with an annual assessment to fund the TDM program. The program offers commute alternative services to BART station area employees. While there is no mandate requiring participation by employers or any penalty for non-participation, there has been high participation in the program by both employers and employees. The TDM program goal of achieving over 30% of APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/11/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Raymond Wong (925) 674-7897 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 65 To:Board of Supervisors From:John Kopchik, Director, Conservation & Development Department Date:July 11, 2017 Contra Costa County Subject:Transportation Demand Management Program – Contra Costa Centre Association BACKGROUND: (CONT'D) the area employees commute via alternative modes (transit, carpool, van-pools, bicycle, walk, telecommute, etc.) has consistently been met. The project agreement covers a 12-month period from July 1, 2017 to June 30, 2018. It funds the operation of van-pools and a noon-time shuttle service to nearby commercial areas, Segway (two wheeled self-balancing personal transport) and bicycle services, on-site transit ticket sales, and marketing and management of a variety of transit subsidy and incentive programs. CONSEQUENCE OF NEGATIVE ACTION: The Contra Costa Centre Association members who have paid an annual assessment for transportation demand management services would be unable to provide them through this contract. RECOMMENDATION(S): ADOPT Resolution No. 2017/250 to approve and authorize the Employment and Human Services Director, or designee, to execute a contract with the California Department of Aging to pay County an amount not to exceed $3,908,404 for Older Americans Act, Title III and Title VII services for the period July 1, 2017 through June 30, 2018. FISCAL IMPACT: County to receive an amount not to exceed $3,908,404, Agreement No. AP-1717-07. (100% Federal) (Match $140,152) BACKGROUND: The Employment and Human Services Department, Area on Aging, provides services to low income older residents of Contra Costa County as defined by Title III and Title VII of the Older Americans Act. Services to include, but not limited to disease prevention and health promotion, nutrition counseling, risk screening services, mediation management, information through multipurpose senior centers, congregate meal sites, home delivered meal programs, information services at appropriate sites for low income County residents, elder abuse prevention and ombudsman services. CONSEQUENCE OF NEGATIVE ACTION: Without funding, Older Americans Act, Title III and Title VII services could not be provided. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/11/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Elaine Burres, 313-1717 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 66 To:Board of Supervisors From:Kathy Gallagher, Employment & Human Services Director Date:July 11, 2017 Contra Costa County Subject:California Department of Aging, Older Americans Act, Title III and Title VII Funding CHILDREN'S IMPACT STATEMENT: Not applicable. ATTACHMENTS Resolution No. 2017/250 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 07/11/2017 by the following vote: AYE: John Gioia Candace Andersen Diane Burgis Karen Mitchoff Federal D. Glover NO: ABSENT: ABSTAIN: RECUSE: Resolution No. 2017/250 In The Matter Of: California Department of Aging, Older Americans Act Funding. WHEREAS, the Employment and Human Services Department contracts with and received funding from the California Department of Aging to provide services under the Older Americans Act, Title III and Title VII, and WHEREAS,available funding (Agreement AP-1718-07) is in the amount of $3,908,404 for the period July 1, 2017 through June 30, 2018, and WHEREAS, Employment and Human Services, Area Agency on Aging provides services to include, but not limited to disease prevention and health promotion, nutrition counseling, risk screening services, mediation management, information through multipurpose senior centers, congregate meal sites, home delivered meal programs, information services at appropriate sites for low income County residents, elder abuse prevention and ombudsman services. Now, Therefore, Be It Resolved: that the Contract Costa County Board of Supervisors approve and authorize the Employment and Human Services Director, or designee, to execute a contract with the California Department of Aging to pay County (Agreement AP-1718-07) an amount not to exceed $3,908,404 for Older Americans Act, Title III and Title VII services for the period July 1, 2017 through June 30, 2018. Contact: Elaine Burres, 313-1717 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: 5 RECOMMENDATION(S): APPROVE and AUTHORIZE the County Administrator or designee to execute Memoranda of Understanding (MOUs) with the Presiding Judge of the Superior Court of Contra Costa County formalizing the financial relationship and the continuing provision by the County of information technology and telecommunications services to the Court. FISCAL IMPACT: No additional fiscal impact. The intent of the MOU is to formalize the existing cooperative and financial relationship between the County and the Court. BACKGROUND: The Trial Court Funding Act of 1997, which provided for State assumption of trial court operations costs, substantially changed the funding relationship among the State, the County and the Court, and necessitated many administrative, budgetary, organizational, and procedural changes in order to transition the Court from a Board-governed agency to a State agency. The Act recognized the need to maintain cooperation between the County and the Court so as not to disrupt basic court operations. While the Court has been an independent State agency for many years now, there still remain many areas for which continuing cooperation and service is beneficial. The County and the Court entered into an MOU in 1998 that laid the foundation for the continuing relationship during the transition period and under which the County and Court worked cooperatively for 17 years. In November 2015, the County and the Court executed a comprehensive MOU formalizing the majority of services provided by one agency to the other; however, some of the service agreements, such as for information technology and telecommunications, APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/11/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Julie DiMaggio Enea (925) 335-1077 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: CAO, DoIT Admin, DoIT-IT, DOIT-Telecom C. 67 To:Board of Supervisors From:David Twa, County Administrator Date:July 11, 2017 Contra Costa County Subject:MEMORANDA OF UNDERSTANDING WITH CONTRA COSTA COUNTY SUPERIOR COURT ON INFORMATION TECHNOLOGY AND TELECOMMUNCATIONS SERVICES BACKGROUND: (CONT'D) were complex enough to warrant separate MOUs, which are attached hereto. The agreements cover services provided beginning July 1, 2016 and into perpetuity unless amended by mutual agreement of the parties or terminated by either party pursuant to the Trial Court Funding Act. CONSEQUENCE OF NEGATIVE ACTION: Should the Board elect not to approve the information technology and telecommunications MOUs, the County could only continue to coordinate such services with the Court pursuant to an obsolete agreement that does not comply with the requirements of State statute in terms of specificity and cost rates. ATTACHMENTS County/Court MOU for Information Technology Services County/Court MOU for Telecommunication Services County/Court IT MOU Page 1 of 23 MEMORANDUM OF UNDERSTANDING FOR COURT INFORMATION TECHNOLOGY SERVICES This Memorandum of Understanding is made and entered into as of July 1, 2016 (this “Memorandum”), and is between the Superior Court of California, County of Contra Costa (the “Court”) and the County of Contra Costa, a political subdivision of the State of California (the “County”). RECITALS A. The Lockyer-Isenberg Trial Court Funding Act of 1997, commonly referred to as AB233 (the “Act”), relieved counties of their previous responsibility to fund Court operations, as defined in Government Code Section 77003 and Rule 10.810 of the California Rules of Court. The State of California subsequently assumed responsibility for funding Court operations. B. The Court is required to administer and maintain its information technology systems and applications in a prescribed manner that ensures a predictable and cost effective level of availa bility during typical business hours, and an expectation of reasonable availability during non-business hours. C. Prior to enactment of the Act, the County Department of Information Technology (DoIT) and County Administrator’s Office provided the Court with information technology services. D. The Court desires to continue receiving information technology services from the County, and the County desires to continue providing those services to the Court, and the parties are therefore entering into this Memorandum pursuant to Government Code section 77212. E. The parties do not intend this Memorandum to expand, broaden, reduce or limit their respective rights, duties, or obligations under California law. F. The parties desire that the Information Technology Services that are described in this Memorandum be carried out in accordance with the terms of this Memorandum. The parties, for good and valuable consideration, the sufficiency of which is hereby acknowledged, therefore agree as follows: AGREEMENT 1. SERVICES 1.1 Scope of Services. Subject to the terms of this Memorandum, the County will provide the services set forth on Exhibit A attached hereto and incorporated herein (the “Information Technology Services”) at the Court and County locations listed on Exhibit B, attached hereto and incorporated herein (The “Service Locations”). In accordance with Government Code section 77212(b), if the County elects to discontinue an Information Technology Service that is vital to the Court, the County will cooperate with the Court to ensure the service is available to the Court from the County or another entity. 1.2 Compensation. The amounts payable for the services provided pursuant to this Memorandum are subject to the provisions of the Act and Rule 10.810 of the California Rules of Court and are determined as follows: (a) Subject to Section 1.2(b) below, the Court shall pay the County for Information Technology Services in accordance with the payment terms set forth in Exhibit C (Payment Provisions), attached hereto and incorporated herein. Pursuant to Government Code section 77212(a), the rates charged by the County may not exceed the cost of providing similar services to County departments or to special districts. County/Court IT MOU Page 2 of 23 (b) The rates set forth on Exhibit C attached hereto are for the first year that this Memorandum is in effect and will be adjusted to reflect increases in the County’s direct costs of providing the Information Technology Services. The County may propose a change to the rates payable for one or more Information Technology Services by providing a written notice to the other party (a “Notice of Adjustment”). A Notice of Adjustment must be issued on or before April 1 to be effective on July 1 of the following year (July 1 to June 30, being referred to herein as a “Fiscal Year”); provided, however, if as a result of collective bargaining a cost of living adjustment (a “COLA”) is granted retroactively and the COLA affects the cost of providing a particular Information Technology Service, then (i) the rate payable for that particular Information Technology Service, as the case may be, will be adjusted retroactively and the new rate will be effective as of the effective date of the COLA, and (ii) a Notice of Adjustment will be issued as soon as reasonably practicable. Except in the case of a COLA, following the issuance of a Notice of Adjustment, the parties shall use good faith efforts to agree on the rates to be charged for Information Technology Services, as the case may be, prior to the time a termination notice must be issued in accordance with Section 2.2 below. 1.3 Indirect Costs. The County may include indirect costs in the rates payable under this Memorandum. Pursuant to Government Code Section 77212(d)(1), the amount of indirect and overhead costs being charged hereunder for Information Technology Services and the method of calculating the indirect and overhead costs are set forth on Exhibit C attached hereto. The County’s indirect costs may not include items that are not otherwise allowable as part of “court operations,” as defined in Government Code Section 77003 and Rule 10.810 of the California Rules of Court. 1.4 Manner of Payment. The County shall invoice the Court for Information Technology Services monthly in arrears. The County’s invoices shall identify the services provided and the applicable rates. The court will pay invoices within 30 days of receipt. Invoices and payments shall be sent to the respective addresses set forth in Section 5.6 below. 1.5 Dual Service Provider. When an employee of the County provides the same or similar services to both the Court and the County, the County will track the employee’s time through the County Department of Information Technology Customer Billing System (CBS) labor tracking system. The CBS will determine how much of the employee’s time is spent providing services to the Court and how much is spent providing services to the County. The CBS labor tracking system will serve as the basis for the allocation of the employee’s costs between the parties. 1.6 Verification. The Court may request that the County provide additional back-up information regarding the Information Technology Services provided and the rates charged. The County shall provide the additional information to the Court within thirty (30) days of receipt of the request. In accordance with Government Code section 77212, the Judicial Council may audit the County’s figures to ensure compliance with Government Code section 77212 and the reasonableness of the figures. This Memorandum is subject to examination and audit by the State Auditor for a period of three (3) years after final payment. 1.7 Cooperation. The Court may notify the County in writing that a particular outside vendor will be used in conjunction with the delivery of an Information Technology Service that the Court is to receive from the County. Upon receipt of the vendor’s identity, the County will cooperate with the vendor and advise the Court of any cooperation or coordination problems that arise. 2. TERM/TERMINATION 2.1 Term. This Memorandum is effective as of the date set forth in the introductory paragraph and will remain in effect until terminated by either party in accordance with Section 2.2 below. County/Court IT MOU Page 3 of 23 2.2 Termination of this Memorandum. The parties may terminate this Memorandum at any time by written mutual agreement. Subject to the requirements of Government Code section 77212, either party may terminate this Memorandum at any time by giving the other party written notice as specified in Section 2.3 below. 2.3 Termination of a Service. Subject to Section 1.1 above, either party may terminate a service that is provided pursuant to this Memorandum by giving the other party written notice. In accordance with Government Code sections 77212(b) and 77212(c), a notice terminating a service that is given on or before April 1 will be effective on the first day of the succeeding fiscal year, or such other date that is mutually agreeable to the parties. 2.4 Survival. The rights and obligations of the parties to this Memorandum, which by their nature should survive the termination or expiration of this Memorandum, shall remain in effect after the termination or expiration of this Memorandum, including any section of this Memorandum that states it shall survive such termination or expiration. 3. DISPUTE RESOLUTION 3.1 Continuation of Services. If the County and the Court disagree as to any matter governed by this Memorandum, this Section 3 will govern the dispute resolution process. Until the dispute is resolved, the County will continue to provide the service that is the subject of the dispute and the Court will continue to pay for the service in accordance with the terms of this Memorandum. 3.2 Request for Meeting. If after forty five (45) days, the Court and the County cannot resolve a dispute, either party may give the other party a written request for a meeting betwe en the Court Executive Officer and the County Administrator for the purpose of resolving the dispute. Once a meeting is requested, the parties shall work together in good faith to cause the meeting to occur within ten (10) business days of the receipt of the request. If the meeting fails to occur or fails to resolve the disagreement, nothing in this Memorandum precludes the parties from exercising their legal remedies. 3.3 Resolution of Disputes. If a dispute between the parties regarding the interpretation or performance of this Memorandum is not resolved under Section 3.2 above, the parties may submit the dispute to non-binding mediation to be conducted in the City of Martinez. 3.4 Jurisdiction and Venue. If a dispute between the parties regarding the interpretation or performance of this Memorandum is not resolved under Section 3.3 above, either party may bring legal action to interpret or enforce this Memorandum in the Superior Court of California, County of Contra Costa. 4. INDEMNIFICATION 4.1 County Indemnification. The County shall indemnify and hold harmless the Court for the County’s share of any and all claims, costs and liability for any damage, injury or death of or to any person or the property of any person, including attorneys’ fees, arising out of the willful misconduct or the negligent acts, errors or omissions of the County in the performance of its obligations under this Memorandum. Under no circumstance will the County have any liability to the Court or to any other person or entity, for consequential or special damages, or for any damages based on loss of u se, revenue, profits or business opportunities arising from or in any way relating to County’s performance under this Memorandum. 4.2 Court Indemnification. The Court shall indemnify and hold harmless the County for the Court’s share of any and all claims, costs and liability for any damage, injury or death of or to any person or the property of any person, including attorneys’ fees, arising out of the willful misconduct or the negligent acts, errors or omissions of the Court, its officers or employees. Under no circumstance will the Court have any liability to the County or to any other person or entity, for consequential or special damages, or for any damages based on loss of use, revenue, profits or business opportunities County/Court IT MOU Page 4 of 23 arising from or in any way relating to the Court’s performance of its obligations under this Memorandum. 5. MISCELLANEOUS 5.1 Entire Agreement. This Memorandum and its exhibits contain the entire agreement between the parties regarding the subject matter herein. This Memorandum and its exhibits supersede any and all other previous agreements, oral or written, concerning the subject matter of this Memorandum. 5.2 Amendment. No addition to or alteration of the terms of this Memorandum is valid unless it is in a writing executed by both parties and approved by the governing bodies of both parties. 5.3 Time of Performance. Unless specifically stated to the contrary, all references to days in this Memorandum mean calendar days. If the final date for payment of any amount or performance of any act falls on a Saturday, Sunday or holiday, such payment or performance is to occur on the next succeeding business day. 5.4 Further Assurances. Each party agrees to cooperate with the other, and to execute and deliver, or cause to be executed and delivered, any other instruments and documents, and to take all such other actions as may be reasonably requested of it from time to time, in order to effectuate the provisions and purposes of this Memorandum. 5.5 Assignment. Except as otherwise provided in this Memorandum or in any of the exhibits hereto, neither party may assign its rights or obligations under this Memorandum without the prior written consent of the other party. Notwithstanding the foregoing, the County may subcontract its obligations under this Memorandum and will notify the Court of the identity of any subcontractors it uses to perform services provided for in this Memorandum. 5.6 Notices. Any notices required or permitted under this Memorandum are to be in writing and may be (i) personally delivered, (ii) mailed by depositing such notice in the United States mail, first class postage prepaid, or (iii) sent by nationally recognized overnight delivery service, addressed as follows, or to such other place as either party may designate by subsequent written notice to the other party: If to Court: Court Administration 725 Court Street, 4th Floor Martinez, CA 94553 Attn: Executive Officer If to County: Joanne Buenger Deputy Chief Information Officer Contra Costa County 30 Douglas Drive Martinez, CA 94553 with a copy to: County Administrator’s Office 651 Pine Street, 10th Floor Martinez, CA 94553 Attn: County Administrator 5.7 Waiver. A waiver of enforcement of any terms or conditions of this Memorandum by either party is effective only if expressly agreed to in writing by a duly authorized officer of that party. A waiver by either party of a breach of any of the terms of this Memorandum shall not to be construed as a waiver of any succeeding breach of the same or other term of this Memorandum. 5.8 Binding. This Memorandum and its exhibits are binding upon the successors of the County/Court IT MOU Page 5 of 23 Court and the County. 5.9 Counsel and Drafting. Each party, by its execution of this Memorandum, represents to the other party that it has reviewed each term of this Memorandum with its counsel, or has had the opportunity for such review with its counsel. Neither party may deny the validity of this Memorandum on the ground that it did not have the advice of counsel. Each party hereto has had the opportunity to participate in the drafting and preparation of this Memorandum. The provisions and terms of this Memorandum are to be interpreted in accordance with their plain meaning. 5.10 Counterparts. This Memorandum may be executed in one or more counterparts, all of which together are one and the same agreement. 5.11 Severability. If any provision of this Memorandum is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will continue in full force and effect without being impaired or invalidated in any way. 5.12 Governing Law. This Memorandum is governed by the laws of the State of California. 5.13 Certification of Authority to Execute this Memorandum . Each party certifies that the individuals signing below on its behalf has authority to execute this Memorandum and to legally bind the party to the terms and conditions of this Memorandum and its exhibits. 5.14 Relationship of Parties. Nothing contained in this Memorandum is to be interpreted or understood by either of the parties, or by any third persons, as creating the relationsh ip of employer and employee, or principal and agent, between the County and the Court or their agents, employees or contractors. Both parties will at all times be deemed an independent contractor and to be wholly responsible for the manner in which they or their agents, or both, perform the services required of them by the terms of this Memorandum. Each party is solely responsible for its own acts and those of its agents and employees. 5.15 Compliance with Laws. Notwithstanding any provision to the contrary contained in this Memorandum, no provision of this Memorandum is intended to require any party to violate any applicable statute, rule of law or regulation. 5.16 Confidential Information. During the term of this Memorandum and at all times thereafter, County will: (a) hold all Confidential Information (as defined below) in strict trust and confidence; (b) refrain from using or permitting others to use Confidential Information in any manner or for any purpose not expressly permitted by this Memorandum; and (c) refrain from disclosing or permitting others to disclose any Confidential Information to any third party without obtaining the Court’s prior written consent to the disclosure on a case-by-case basis. County will disclose Confidential Information only to its employees or contractors who need to know that information in order to perform Information Technology Services hereunder and who have been advised of the confidentiality requirements of this Memorandum . The provisions of this section shall survive the expiration or termination of this Memorandum. County will protect Confidential Information from unauthorized use, access, or disclosure in the same manner as County protects its own confidential or proprietary information of a similar nature, and with no less than reasonable care. The Court owns all right, title and interest in the Confidential Information. County will notify the Court promptly upon learning of (i) any unauthorized disclosure or use of Confidential Information and, subject to the requirements of the California Public Records Act (California Government Code section 6250, et seq. (the “PRA”), will cooperate fully with the Court to protect such Confidential Information, and (ii) a request by the public for records under the PRA. Upon the Court’s request and upon any termination or expiration of this Memorandum, County will promptly (a) return to the Court or, if so directed by the Court, destroy all Confidential Information (in every form and medium), and (b) certify to the Court in writing that County has fully complied with the foregoing obligations. County acknowledges that there can be no adequate remedy at law for any breach of County’s obligations under this section, that any such breach will likely result in irreparable harm, and that upon any breach or threatened breach of the confidentiality obligations, County/Court IT MOU Page 6 of 23 the Court shall be entitled to apply to a court of competent jurisdiction for appropriate equitable relief, without the requirement of posting a bond, in addition to its other remedies at law. As used herein, the term “Confidential Information” means: (i) any information related to the business or operations of the Court, including information relating to the Court’s personnel and users; and (ii) all financial, statistical, personal, technical and other data and information of the Court (and proprietary information of third parties provided to County by the Court), which is designated confidential or proprietary, or that County otherwise knows, or would reasonably be expected to know, is confidential. Confidential Information does not include information that County demonstrates to the Court’s satisfaction that: (a) County lawfully knew prior to the Court’s first disclosure to County, (b) a third party rightfully disclosed to County free of any confidentiality duties or obligations, or (c) is, or through no fault of County has become, generally available to the public . 5.17 Physical Access to Court Facilities. County information technology staff will request access to Court Buildings via e-mail to Court personnel to establish a mutually agreed upon date and time for Information Technology Services to be provided. IN WITNESS WHEREOF, the parties hereto are executing this Memorandum as of the day and year first above written. SUPERIOR COURT OF CALIFORNIA, COUNTY OF CONTRA COSTA: By: ____________________________________ Hon. Jill Fannin, Presiding Judge COUNTY OF CONTRA COSTA: By: ____________________________________ David Twa, County Administrator County/Court IT MOU Page 7 of 23 EXHIBIT A: INFORMATION TECHNOLOGY SERVICES 1. INFORMATION TECHNOLOGY SUPPORT 1.1 The County will allocate trained staff to provide the requested support. Support is available as follows. (a) Fixed Number of Hours Per Month. The County will provide the Court with 140.83 hours per month (1,690 hours per year) Information Technology Services that consists of staff that is dedicated to and available for Court Information Technology Services, which includes provision of any necessary machine resources to perform Information Technology Services hereunder. (b) Additional Hours. If the Court requires more Information Technology Services hours than those provided in subsection (a) above (“Additional Support Services”), the County will provide the additional requested hours, which will be billed to the Court as Additional Support Services hours at the applicable rate set forth in Section 8 (Additional Support Services) of Exhibit C (Payment Provisions) attached hereto, and staff will be assigned by the County on an as-available basis. (c) Court Independent Contractor. If the County is unable to provide the Court with the additional Information Technology Services staff required to meet the Court’s exceptional needs, with the consent of the County, the Court may engage an independent contractor to meet the needs of the Court. The County will assist the Court in obtaining an independent contractor, and will either supervise the contractor or, alternatively, have the Court supervise the contractor. 1.2 The County will provide the following information technology services and support: (a) Planning, configuring, installing, maintaining and monitoring the Court Law and Justice Information System (LJIS), Criminal and AMORS (Traffic) applications. (b) Development by the County’s DoIT Law and Justice Systems Unit of the County-to-Court interfaces between each of the District Attorney, Probation, and Public Defender case management systems and the LJIS; and support and maintenance of the County side of these interfaces. (c) Development by the County Administrator’s Office Law and Justice Systems Unit of the County-to-Court interfaces between each of the District Attorney, Probation, and Public Defender case management systems and the LJIS; and support and maintenance of the County side of these interfaces. (d) Wide Area Network (WAN) Access Services: The County will provide the Court with 235 WAN connections to allow for connectivity of the Court applications to other County applications and access to the County's enterprise resources. (e) Information security related to the services provided under this Memorandum. Information security programs will be led by DoIT, the County Chief Information Officer, and include County Wide Area Network perimeter protection firewalls, gateway filters, Virtual Private Network gateway and authentication access control, internal network traffic intrusion detection system, end node protection software, analytics application for analysis of firewalls and access control, vulnerability assessment system for continued scanning. The program also supports information security audits and compliance audits. 1.3 Support will be provided at the Service Locations identified in Exhibit B (Service Locations) attached hereto. County staff will request access to Court Buildings via e-mail to Court personnel to establish a mutually agreed upon date and time for Services to be provided. Travel time is included as part of the hours specified in this Memorandum (portal to portal time County/Court IT MOU Page 8 of 23 for travel will be billed to the department at the rate of the person(s) required to travel). If support includes meetings or other technical work to be performed at a location other than a Service Location, travel and expenses for the work will be billed to Court. Support includes: (a) Help Desk Support; (b) Maintenance; (c) Administration; (d) Troubleshooting; and (e) Problem Resolution for applications hosted by County. 1.4 Support Hours; Holidays; After Hours. (a) County will provide support Monday through Friday, from 7:00 a.m. to 5:30 p.m., Pacific Standard Time, excluding County holidays (“Business Hours”). County holidays for FY 2016/17 are: July 4, 2016 Monday Independence Day Holiday September 5, 2016 Monday Labor Day November 11, 2016 Friday Veterans Day November 24, 2016 Thursday Thanksgiving Day November 25, 2016 Friday Day After Thanksgiving Day December 26, 2016 Monday Christmas January 2, 2017 Monday New Year’s Day Holiday January 16, 2017 Monday Dr. Martin Luther King, Jr. Day February 20, 2017 Monday President's Day May 29, 2017 Monday Memorial Day (b) For Court requests for emergency support outside of Business Hours, the Court will report the issue to the County weekend answering service at 925-313-1200 and the County will respond to the Court’s message. (c) The Court may request programming or operations support outside of Business Hours via email at least two weeks in advance of date the support is to be provided. 1.5 The Court can request on-site support during a fixed time period on fixed days of the week. Due to County staffing limitations, the County may not be possible to accommodate all such requests, but will make every effort to coordinate resources to enable scheduled support at the times requested. 1.6 When dedicated County staff members are not available, the County will make every effort to support the Court with other staff members. 1.7 County support staff will be available in the County data center for dispatch during County Business Hours and will be available after Business Hours for emergencies and/or scheduled off-hours work as set forth in this Exhibit A. 1.8 The County will assign a DoIT staff person to particular Court information systems (each, a “Application Support Analyst”), and will designate in writing its project manager for the delivery of Information Technology Services (“Project Manager”). The Court will typically contact the County Application Support Analyst assigned to the system, or the County- designated Project Manager responsible for Court systems, for normal maintenance and support. The Court will use the County Help Desk to request emergency support or to report a problem with an application. County staff will contact Court Coordinators/Administrators to verify the support request prior to responding. It is recommended that Court staff first route all requests through the appropriate Court Coordinator/Administrator to minimize delays and expedite service. County/Court IT MOU Page 9 of 23 2. BUSINESS CONTINUITY 2.1 In the event that a critical Court application or system fails, The County will respond with its best effort to remedy the failure, in coordination with the Court. 2.2 If the Court experiences a major system outage caused by component or subsystem failures, the County will endeavor correct the outage maximum downtime is two County business days. If the Court experiences a major system outage caused by something other than a component or subsystem failure, such as an earthquake or other natural disaster, unavailability of utilities (electricity, internet) or other Acts of God, the County will use its best effort to remedy the system outage. 2.3 The Court will establish and maintain a business resumption plan for mission critical functions. 2.4 The County’s provision of Information Technology Services to the Court may be preempted due to more severe needs elsewhere in the County. Should a severe condition arise that requires redeployment of County staff providing services to the Court under this Memorandum , staff will be redeployed only as a last resort and only after notification and discussion with appropriate Court Coordinator/ Administrators. 2.5 In general, the County will respond to Court requests for services in the following order: (a) Wide area network failures; (b) Multi-user computer system failures; (c) Local area network failures; (d) Departmental or Agency system failures; (e) Individual user system failures; (f) Scheduled activities; (g) Routine procedures or maintenance; (h) Unplanned or unscheduled requests not qualifying under categories listed above; and (i) Scheduled activities may take precedence over individual system failures if such scheduled activities effect the ability of multiple staff members to perform critical job functions or may result in other significant impacts should the activity be delayed. 3. SERVICE LEVELS 3.1 Service Inclusions. The County will provide the following services: (a) A liaison point of contact that includes: E-mail Address Office phone number Cell phone number (b) A single phone number and e-mail access to its Help Desk during normal County business hours. (c) Access to an answering service to provide weekend and holiday support for Court. (d) A County Help Desk logging system. (e) Documentation for all services provided. (f) Applications/systems support and maintenance. (g) Coordination, system administration, user support and the day-to-day operation of the systems. (h) Maintenance of operating systems and software releases to ensure they are current. (i) Problem troubleshooting and resolution. (j) Maintenance of the County’s Wide Area Network (WAN) used by the Court. (k) Consultation and direction to program management staff and administrative staff regarding systems, software and office automation requirements. (l) Capacity planning, technology planning, disaster recovery and budgeting required to ensure an efficient, effective, reliable systems. (m) Assurance of compliance as it relates to policies and standards for the systems. County/Court IT MOU Page 10 of 23 (n) Written and on-line documentation, procedures and help files where necessary. (o) Daily backup during non-Business Hours of all systems data, and retention of data as specified by the Court. (p) Assistance to the Court and its vendor(s) to resolve issues with connectivity. (q) Subject to certain exceptions, notification to the Court within one (1) hour of discovery of an unscheduled outage and status updates to the Court’s primary contact every two (2) hours or as mutually agreed. (r) At least 24 hours advance notification for any scheduled maintenance or planned outage affecting a Court information system . (s) Response within a one (1) hour timeframe during normal County Business Hours, and on a best efforts basis outside of County Business Hours. (t) WAN access to the State of California Department of Motor Vehicles’ (DMV) Secured State Network, subject to approval by the California DMV. 3.2 Service Exclusions – The County will NOT provide the following services: (a) Applications/systems support and maintenance for systems not identified in Section 1.2 of this Exhibit A. (b) Support for unlicensed or unregistered products, or products not covered under the vendor’s required maintenance program. (c) Support for products operating in environments that do not meet the recommended minimum configuration standards. (d) Support for products that violate established County policies and procedures. (e) Support for products that are not maintained at their latest (or recommended) release levels. (f) Recommendations for computer and network hardware and related equipment. (g) Funding or other comm itment for providing physical equipment or software. (h) Support for public domain or non-standard software unless approved by the County Director of Information Technology (or designee). (i) Support for privately-owned equipment or services and related connectivity. (j) Support for functions or business processes not directly related to the maintenance and support of information technology systems. (k) Interfacing with software vendors’ sales and service personnel to coordinate maintenance and arrange for special requests for service from the vendor. (l) Vendor contract negotiation. (m) Liaison for the purchase of computer hardware, software and services. (n) Maintenance and support of the Court-side of custom interfaces to the County’s justice case management systems. 3.3 Service Level Criteria. The County will provide Information Technology Services according to the following criteria: (a) On-Request Support. i. All Court requests for Information Technology Services shall be directed to the particular County Application Support Analyst, the County Project Manager for Court systems, or the County Help Desk for problems or emergencies. In any case, the County will enter and log the request. ii. County will verify the request with Court Administrator/Coordinator. iii. Upon receipt of a service request, County Help Desk staff will dispatch the call to the appropriate County contact list for service. iv. County staff will be assigned based on skills required and availability. v. Under normal conditions and during normal County business hours, the Court will receive support contact within one (1) hour of dispatch by the County Help Desk. (b) On-Site and Full-Time Support Agreements. The County will provide full-time support personnel as set forth in Exhibit D (Dedicated Staff Support) attached hereto, and as follows: i. The County Department of Information Technology will assign the primary support staff. ii. Every effort will be made to insure that assigned staff is suitable for the Court. County/Court IT MOU Page 11 of 23 iii. Court employees shall contact the Court Administrator/Coordinators to request specific services or modifications. iv. The Court Administrator/Coordinator will determine the feasibility of the request, and if appropriate, forward the request to the County Project Manager. v. The County Project Manager is responsible for any changes in work assignments, priorities or other project management issues arising from new or modified requests. vi. The County Application Support Analyst and Court Administrator/Coordinator will maintain a written list of projects and priorities that will be updated whenever changes occur. vii. Court and County staff will initiate action in compliance with the change control process as defined in Section 5 of this Exhibit A. viii. The County Application Support Analyst will communicate routine updates and status on requests to both the Court and the County Help Desk as necessary. ix. Upon request, County will provide a summary of Court Help Desk log information to the Court. 4. OPERATIONAL FRAMEWORK 4.1 The Court will designate in writing a single official point of contact (the “Court Administrator/Coordinator”) for each application, and provide contact information to the County including email address, office telephone number, and mobile telephone number for each contact. Tasks, assignments, and projects must be coordinated and/or approved by such contact prior to County staff performing work. 4.2 The Court will provide adequate workspace, resources, and staff for assistance in testing and analysis for those functions that must be performed at the Service Locations. This may include testing of system updates and or upgrades outside normal business hours. 4.3 The Court will cooperate to enable County staff to provide day to day operations including maintenance, data backup, problem resolution and routine upgrades. 4.4 All Court information systems must be configured to a standard acceptable to the County. 4.5 The Court will ensure that all servers and workstations are equipped with virus protection software that is current and functional. 4.6 The Court will take all steps necessary to comply with the California Department of Motor Vehicles (DMV) standards for Add/Change/Delete access to the DMV’s Secured State Network. 4.7 The Court shall ensure that only authorized staff performs application or system maintenance or development functions. 4.8 Court staff shall support and comply with all applicable policies, procedures and legal requirements regarding the use of Information Technology Services. In addition, Court staff is expected to obtain proper and adequate information technology training, and to familiarize themselves with any documentation and information relevant to their work, as well as any agency support arrangements. 5. CHANGE CONTROL PROCESS 5.1 In performing the Information Technology Services hereunder, the County is aware that certain Court systems are mission critical to the operation of the Court and will endeavor to (a) avoid modifying these services suddenly or unpredictably, and (b) introduce new services or new components in a manner that does not disrupt existing operational systems. 5.2 Changes to Court information resources shall be managed and executed according to the formal change control process set forth in this Section 5. The control process will ensure that changes proposed are reviewed, authorized, tested, implemented, and released in a controlled County/Court IT MOU Page 12 of 23 manner; and that the status of each proposed change is monitored. These change control protocols will ensure the implementation of change management and control strategies to mitigate associated risks such as: (a) Information being corrupted and/or destroyed; (b) Computer performance being disrupted and/or degraded; (c) Productivity losses being incurred; and (d) Exposure to reputational risk. 5.3 At a minimum the change control process will include the following: (a) Logged change requests; (b) Identification, prioritization and initiation of change; (c) Proper authorization of change; (d) Requirements analysis; (e) Interdependency and compliance analysis; (f) Impact assessment; (g) Change approach; (h) Change testing by both parties; (i) User acceptance testing and approval; (j) Implementation and release planning; (k) Documentation; (l) Change monitoring; (m) Defined responsibilities and authorities of all users and IT personnel; and (n) Emergency change parameters. 5.3 If it is necessary to interrupt any Court information service to implement a change, prior notification will be given by the County to the Court wherever possible, and interruptions will be scheduled to minimize their impact on users. Major changes will only be made during periods outside of normal Court business hours, and only with prior notification and approval of all involved administrators. Other changes, especially those required to rectify problems, will be carried out at the joint discretion of Court and County staff. 5.4 Necessary testing of changes to information systems to ensure proper functioning will be performed by both County and Court and, in the case of major changes, may require that Court staff is available during non-business hours to verify the performance of the system or application. Changes that are transparent to users and are made to remove inadequacies in systems software will be performed as the need arises. 5.5 Any changes made by Court staff or other service providers must be pre-planned and pre- approved by County, as well as fully documented upon completion. It is imperative that all changes are coordinated through the Court Administrator/Coordinator, and performed in a well- controlled environment that minimizes the impact on the system(s). 6. MODIFICATIONS TO SERVICE Information Technology Services may be modified through an amendment to this MOU. County/Court IT MOU Page 13 of 23 EXHIBIT B: SERVICE LOCATIONS The County will provide Information Technology Services at each of the following Court and County locations: 1. Wakefield Taylor Courthouse, 725 Court Street, Martinez, California. 2. A.F. Bray Courthouse, 1020 Ward Street, Martinez, California. 3. Court Annex, 1010 Ward Street, Martinez, California. 4. Peter L. Spinetta Family Law Center, 751 Pine Street, Martinez, California. 5. Juvenile Hall, 202 Glacier Drive, Martinez, California. 6. Richard E. Arnason Justice Center, 1000 Center Drive, Pittsburg, California. 7. George D. Carroll Courthouse, 100 37th Street, Richmond, California. 8. Walnut Creek Courthouse, 640 Ygnacio Valley Rd., Walnut Creek, California. 9. 911 Alhambra Avenue, Martinez, California 10. County Department of Information Technology, 30 Douglas Drive, Martinez, California 11. County Finance Building – Grand Jury, 625 Court St, Martinez, California County/Court IT MOU Page 14 of 23 EXHIBIT C: PAYMENT PROVISIONS INFORMATION TECHNOLOGY SERVICES RATES AND CHARGES SUMMARY OF FEES AND CHARGES. County will provide Information Technology Services at the rates set forth in the table below. 1. PRODUCTION. 1.1 As used in the table above, the term “Production” refers to the Court’s usage of the County’s mainframe. The amount that the Court will be invoiced each month for its use of the County mainframe is based on the number of hours scheduled by the Court for County’s systems, programming, and operation staff services, and the number of hours of the Court’s on-machine utilization for each month, which will be a recurring monthly rate (see the breakdown of Production costs in the table in Section 2 below.) The total amount of usage will be determined by the Court. These costs apply to both batch and online applications. 1.2 The County standard rates will change on an annual basis. Attachment 1 to this Exhibit C is the County’s itemized budget for Production services for the Court for Fiscal Year 2016/17. The County will notify the Court of any rate changes prior to the budget year when the rate changes would occur. The Court will be provided an updated rate quotation annually, pursuant to Section 1.2(b) of this Memorandum. 1.3 Costs reflected in this MOU represent labor and machine usage for services rendered. All other costs are the responsibility of the Court. County/Court IT MOU Page 15 of 23 2. Production Cost Breakdown: 3. MAINTENANCE. Maintenance services provided by the County refers to the task/duties performed by DoIT staff on the system applications covered by this Memorandum. Tasks and duties may include but are not limited to, correcting reported production issues for batch and/or online applications, enhancing business rules and process (logic) when requested by the Court, preparing for deployment of approved development projects into production, responding to a request for an estimate to a proposed project, assisting with various task/requests on the Court premises, preparing ad hoc reports, responding to mandated state enhancements that will impact current batch and online applications, and creating and enhancing system/program. Maintenance services performed by County staff are billed to the Court monthly at the rate of one-twelfth (1/12) of the approved budget for Projects 14535 and 14536, pursuant to Exhibit D. Costs incurred by the County in excess of the approved budget will be billed to the Court as Additional Support Services under Section 8 of this Exhibit C upon notification of and approval by the Court. 4. DEVELOPMENT. Development services provided by the County include consulting with Court staff about their present and future technical information application needs, proposing innovative solutions to meet their business goals, and incorporating appropriate state-of-the-art technology solutions in designing system and application programs. 5. WIDE AREA NETWORK. 5.1 The Wide Area Network (WAN) fees set forth in the table in Section 1 of this Exhibit C are due from the Court as its portion of the overhead and operational costs of the County wide area network, comprising hardware and data lines, including two DS3 Frame-Relays, two DS3 ATMs, Optical and OC3 ATM data lines, and other fiber optic and enterprise level networking hardware. County/Court IT MOU Page 16 of 23 5.2 The County’s WAN maintenance services includes, but is not limited to, networking hardware installation, improvements, upgrades, repair services, network perimeter security, monitoring, and performance and reliability insurance. WAN hardware includes County supported routers, data switches, firewalls, and network application servers. W ireless access appliances such as virtual private network (VPN) tokens are peripheral to the WAN and are billed separately. 5.3 The monthly WAN fee to be paid by the Court under this Memorandum is determined by dividing the total WAN overhead and operational costs by the aggregate number of terminals/connections for all subscribing agencies. The terminal/connection count is determined by the number of users accessing the WAN or by the number of hosts, in those locations where the WAN connection is primarily to network host devices. The Court shall provide the County with a terminal/connection count annually, or the Court may elect to have the County determine its terminal/connection count using a TCP/IP scanning method or based on registered valid email users, and shall advise the County in writing if it makes this election. 6. WAN VIRTUAL PRIVATE NETWORK (VPN) TOKENS. If requested by the Court, the County will provide the Court with WAN VPN tokens designed to provide a secure mechanism to authenticate a user or device on a VPN infrastructure. The Court will pay for VPN tokens as set forth in the table set forth in Section 1 of this Exhibit C. 7. COUNTYWIDE INFORMATION SECURITY PROGRAM FEES. The County will charge the Court for its participation in the Countywide Information Security as follows: total costs incurred by the County Department of Information Technology in providing Countywide Information Security Program services to all clients) divided by the total number of full-time employees (FTEs) served multiplied by the Court’s number of FTEs. The Countywide Information Security Program fee due from the Court to the County for Fiscal Year 2016/17 is $25,910.28 based on a Court-supplied FTE count of 300. 8. ADDITIONAL SUPPORT SERVICES. The rate for County’s provision of Additional Support Services (as defined in Section 1.1 of Exhibit A is computed annually, and reflects the time and one-half (1.5) rate that County must pay its employees for overtime purposes. This rate will also be adjusted to reflect any changes made to the standard rate. All overtime services will be subject to pre-approval by the Court. The Court and the County will engage in a separate project planning and cost evaluation process if a task is mutually deemed in excess of the standard coverage already provided by the Vendor. County Services Rate – FY 16/17 Rate – FY 15/16 Rate – FY 14/15 Systems and Programming $122.50 $120.00 $120.00 Telecom $99.00 $99.00 $95.00 Radio $128.00 $120.00 $120.00 WAN $49.50 $48.50 $44.00 Ports $14.25 $13.94 $12.27 Overhead $30.00 $29.40 $25.80 Voice Mail $6.40 $6.40 $6.40 MW Racks $22.30 $21.00 $17.50 9. INDIRECT AND OVERHEAD COSTS. The County calculates its indirect and overhead costs included in the rates for each service set forth in Exhibits C and D by dividing its total cost of delivering systems and programming services, operations, WAN, and Countywide Information Security Program services to all of its client agencies by the number of labor hours, WAN terminal count, number of units used on the mainframe, and by the Security FTE employee count provided by each agency to arrive at a allocable overhead cost amount. County/Court IT MOU Page 17 of 23 EXHIBIT D: DEDICATED STAFF SUPPORT MAINTENANCE AND DEVELOPMENT BREAKDOWN (all totals are rounded) DoIT Service Rate Total/Mo Annual Cost Project 14535-Traffic 1.1 FTE (Prgmr) 154.34 Hrs/Mo x $122.50/Hr $18,907.50 $226,890.00 Project 14536-Criminal 1.1 FTE (Prgmr) 154.34 Hrs/Mo x $122.50/Hr $18,907.50 $226.890.00 2 FTE 1 PT-PM SUB-TOTAL $37,815.00 $453,780.00 Off-Site Media Back up (7997- Project 24883) .07 FTE (OPS) 35.104 Hrs/Mo x $122.50/Hr $4,300.00 $51,600.00 Project 40810-Traffic Off-site Media transport, handling, and container Fixed $165.00 $1,980.00 Project 40811-Criminal Off-site Media transport, handling, and container Fixed $165.00 $1,980.00 SUB-TOTAL $4,630.00 $55,560.00 Project 17043 Disaster Recovery Cold (Criminal & AMORS) Fixed $3,080.00 $36,960.00 SUB-TOTAL $3,080.00 $36,960.00 Project 1055 Security Fees 2016/2017) Fixed $2,159.00 $25,910.00 SUB-TOTAL $2,159.00 $25,910.00 GRAND-TOTAL $47,432.00 $572,210.00 County/Court IT MOU Page 18 of 23 ATTACHMENT 1: FY 2016/17 INFORMATION TECHNOLOGY BUDGET DETAIL Report 1 FISCAL YEAR 2016-17 INFORMATION TECHNOLOGY BUDGET FOR 9998 OUTSIDE AGENCIES BY ORGANIZATION 28-Jan-2016 For Period 07/31/2016 Project Comp Current Remaining Projected Projected Org Project Description Date Category Budget Estimate Month 2315 YTD Budget Expense Balance 7996 TRIAL COURT OPERATIONS 00547 S04 CJIS DAILY P 7.20 700 700 01129 S03 LJIS STATISTICS P 25.00 6,650 6,650 01545 DAILY COURT PARM LOAD P 6.20 150 150 02021 TRIAL COURT DELAY RPT P 1.20 4,400 4,400 02023 MTZ RECORD SEARCH P 11.20 2,050 2,050 02025 RICH RECORD SEARCH P 11.20 2,250 2,250 02026 WC RECORD SEARCH P 11.20 150 150 02027 PITT RECORD SEARCH P 11.20 1,225 1,225 02029 S01 MUNI CT INDEX DAILY P 3.20 1,125 1,125 02029 S02 MUNI CT INDEX DAILY P 3.20 500 500 02030 AMORS MUNI CT DAILY P 6.20 6,730 6,730 02032 AMORS MUNI CT DMV P 6.20 4,100 4,100 02033 AMORS MT DIABLO MUNI P 6.20 6,120 6,120 02034 AMORS BAY MUNI CT P 6.20 11,800 11,800 02035 AMORS W.C. MUNI CT P 6.20 6,325 6,325 02036 AMORS DELTA MUNI CT P 6.00 10,200 10,200 02037 AMORS WEEKLY P 6.20 1,125 1,125 02038 AMORS MONTHLY P 6.20 1,630 1,630 02046 AMORS JOB SCHEDULER P 6.20 4,900 4,900 02047 CRIM JOB SCHEDULER P 1.20 13,500 13,500 02048 AMORS DMV INQUIRY P 6.20 2,140 2,140 02059 MTD CRIMINAL P 1.20 250 250 02060 BAY CRIMINAL P 1.20 250 250 02061 W/C CRIMINAL EXCEPTIONS P 1.20 700 700 Project Type Legend: P Production, M Maintenance, D Development, N Network Services, T Training, W WAN County/Court IT MOU Page 19 of 23 Report 1 FISCAL YEAR 2016-17 INFORMATION TECHNOLOGY BUDGET FOR 9998 OUTSIDE AGENCIES BY ORGANIZATION 28-Jan-2016 For Period 07/31/2016 Project Comp Current Remaining Projected Projected Org Project Description Date Category Budget Estimate Month 2315 YTD Budget Expense Balance 02062 DLT CRIMINAL P 1.20 700 700 02063 MT DIABLO CRIMINAL P 1.20 1,225 1,225 02064 BAY CRIMINAL P 1.20 1,630 1,630 02065 WALNUT CREEK CRIMINAL P 1.20 1,630 1,630 02066 DELTA CRIMINAL P 1.20 1,530 1,530 02067 MT DIABLO CT AMORS P 4.20 600 600 02068 BAY CT AMORS PURGE P 4.20 1,850 1,850 02069 W/C CT AMORS PURGE P 4.20 2,140 2,140 02070 DELTA CT AMORS PURGE P 4.20 1,735 1,735 02072 S02 MT DIABLO MUNI CT P 11.20 500 500 02072 S03 MT DIABLO MUNI CT P 11.20 500 500 02073 S02 BAY MUNI CT P 11.20 7,650 7,650 02073 S03 BAY MUNI CT P 11.20 3,400 3,400 02074 S03 WALNUT CREEK MUNI CT P 11.20 4,300 4,300 02074 S02 WALNUT CREEK MUNI CT P 11.20 9,700 9,700 02075 S02 DELTA MUNI CT P 11.20 6,225 6,225 02075 S03 DELTA MUNI CT P 11.20 2,750 2,750 02076 S02 MTD CRIM RPT GENERATE P 11.20 1,530 1,530 02076 S03 MTD CRIM RPT GENERATE P 11.20 6,630 6,630 02077 S02 BAY CRIM RPT GENERATE P 11.20 8,670 8,670 02077 S03 BAY CRIM RPT GENERATE P 11.00 3,700 3,700 02078 S03 W/C CRIM RPT GENERATE P 11.20 1,125 1,125 02078 S02 W/C CRIM RPT GENERATE P 11.00 2,550 2,550 02079 S03 DLT CRIM RPT GENERATE P 11.20 5,610 5,610 Project Type Legend: P Production, M Maintenance, D Development, N Network Services, T Training, W WAN County/Court IT MOU Page 20 of 23 Report 1 FISCAL YEAR 2016-17 INFORMATION TECHNOLOGY BUDGET FOR 9998 OUTSIDE AGENCIES BY ORGANIZATION 28-Jan-2016 For Period 07/31/2016 Project Comp Current Remaining Projected Projected Org Project Description Date Category Budget Estimate Month 2315 YTD Budget Expense Balance 02079 S02 DLT CRIM RPT GENERATE P 11.20 13,300 13,300 02080 MTD SETTING GUIDE P 12.20 10 10 02088 CNCD IDMS MUNI CT P 15.00 2,050 2,050 02090 CNCRD IDMS TRAFFIC P 15.00 4,600 4,600 02092 MRTZ IDMS MUNI CT P 15.00 24,500 24,500 02093 MRTZ IDMS SUPERIOR CT P 15.00 14,300 14,300 02094 MRTZ IDMS TRAFFIC P 15.00 1,000 1,000 02096 PITT IDMS MUNI CT P 15.00 49,000 49,000 02098 PITT IDMS TRAFFIC P 15.00 16,300 16,300 02100 RICH IDMS MUNI CT P 15.00 15,300 15,300 02102 RICH IDMS TRAFFIC P 15.00 12,250 12,250 02104 WCRK IDMS MUNI CT P 15.00 15,800 15,800 02105 WCRK IDMS DA SYSTEM P 15.00 4,110 4,110 02106 WCRK IDMS TRAFFIC P 15.00 54,000 54,000 02116 MTD RELATED CASE RPT P 19.00 5,100 5,100 02117 BAY RELATED CASE RPT P 19.00 3,600 3,600 02118 W/C RELATED CASE RPT P 19.00 100 100 02119 DLT RELATED CASE RPT P 19.00 5,100 5,100 02226 MONTHLY MANAGEMENT P 25.00 700 700 02385 MUNI CRT ADMIN DAILY P 6.20 600 600 02884 WARRANTS P 41.00 3,300 3,300 02888 CONVRTED WARNTS P 41.00 100 100 02979 MIDNIGHT TELLER RPT P 6.20 3,400 3,400 03013 AMORS MONTH-END P 6.20 2,250 2,250 Project Type Legend: P Production, M Maintenance, D Development, N Network Services, T Training, W WAN County/Court IT MOU Page 21 of 23 Report 1 FISCAL YEAR 2016-17 INFORMATION TECHNOLOGY BUDGET FOR 9998 OUTSIDE AGENCIES BY ORGANIZATION 28-Jan-2016 For Period 07/31/2016 Project Comp Current Remaining Projected Projected Org Project Description Date Category Budget Estimate Month 2315 YTD Budget Expense Balance 03109 AMORS ANNUAL PURGE P 4.20 1,600 1,600 03198 IDMS MUNI COURT P 15.00 52,000 52,000 03199 IDMS SUPERIOR COURT P 15.00 20,400 20,400 03200 IDMS TRAFFIC P 12.20 1,020 1,020 03201 SUPERIOR COURT RPT P 12.20 12,250 12,250 03202 SUPERIOR COURT DAILY P 12.20 2,250 2,250 03203 SUPERIOR COURT WEEKLY P 12.20 500 500 03204 SUPERIOR COURT EXCEPT P 12.20 400 400 03205 SUPERIOR COURT MONTHLY P 12.20 250 250 03206 SUPERIOR COURT JC RPTS P 12.20 250 250 03221 S04 CJIS USER BACKUP P 2.20 42,800 42,800 03224 S01 LJIS GENERAL M 17.00 09222 WAN TERMINAL CHARGES W 910.00 130,680 130,680 09419 S01 DOJ FILE PROCESSING P 25.00 6,630 6,630 09736 DAILY BAIL P 6.20 12,240 12,240 12976 UNIX DBA SERVICES M 35.00 26,480 26,480 12977 DEVELOPMENT FUNDING D 30.00 25,603 25,603 12997 JBSIS BATCH PROCESSING P 22.00 15,800 15,800 14535 SLA COURTS - TRAFFIC M 361.01 226,890 226,890 14536 COURTS SLA CRIMINAL M 361.01 226,890 226,890 17043 COURTS SUNGARD P 0.01 36,960 36,960 17258 FINALIST ANNUAL SFTWR P 4.10 7,000 7,000 18361 FELONY CONVICTIONS PER P 12.20 100 100 18637 COURTS-DIGITIZE M 11.00 500 500 Project Type Legend: P Production, M Maintenance, D Development, N Network Services, T Training, W WAN County/Court IT MOU Page 22 of 23 Report 1 FISCAL YEAR 2016-17 INFORMATION TECHNOLOGY BUDGET FOR 9998 OUTSIDE AGENCIES BY ORGANIZATION 28-Jan-2016 For Period 07/31/2016 Project Comp Current Remaining Projected Projected Org Project Description Date Category Budget Estimate Month 2315 YTD Budget Expense Balance 18997 ORD VPN TOKEN 628 W 910.00 5,000 5,000 19790 VERISIGN SSL LICENSE P 0.01 3,000 3,000 20425 AMORS ONLINE CITATION P 28.00 86,700 86,700 26199 COURTESY NOTICE P 6.20 5,300 5,300 26200 FTA CIVIL ASSESSMENT P 6.20 2,250 2,250 26201 FTA GRACE NOTICE P 6.20 1,550 1,550 26202 FTP CIVIL ASSESSMENT P 6.20 4,300 4,300 26203 NOTICE OF DECISION P 6.20 2,550 2,550 26204 TBDA CALENDAR P 6.20 2,650 2,650 28014 BW-AMORS FTP P 16.00 700 700 29929 COURT AMNESTY P 17.00 33141 COURTS-REALIGNMENT P 28.00 1,550 1,550 36515 CUB - BALANCE DATA ON P 21.00 500 500 37729 MF DBA SUPPORT M 400.00 18,375 18,375 38628 DA TO COURT P 13.50 9,700 9,700 40810 TRAFFIC: OFF-SITE MEDIA P 361.01 1,980 40811 CRIMINAL: OFF-SITE P 361.01 1,980 Total for Org: 7996 1,415,198 Summary: Production: 754,780 Development: 25,603 Maintenance: 499,135 Network Services: WAN: 135,680 Training: Project Type Legend: P Production, M Maintenance, D Development, N Network Services, T Training, W WAN County/Court IT MOU Page 23 of 23 Report 1 FISCAL YEAR 2016-17 INFORMATION TECHNOLOGY BUDGET FOR 9998 OUTSIDE AGENCIES BY ORGANIZATION 28-Jan-2016 For Period 07/31/2016 Project Comp Current Remaining Projected Projected Org Project Description Date Category Budget Estimate Month 2315 YTD Budget Expense Balance 7997 CCU 03248 BACKUP CTS RISC 6000 P 1.10 18,360 18,360 09355 CIVIL ASSESSMENT P 3.10 20,400 20,400 13774 UNIX SUPPORT M 4.10 22,700 22,700 15901 ONLINE PROBATION P 4.00 100 100 23896 WAN TERMINAL CHARGES W 910.00 8,910 8,910 24883 GCS CCU MAINTENANCE M 21.00 51,603 51,603 37726 COURT INDEX TO CCU P 17.00 Total for Org: 7997 122,073 Summary: Production: 38,860 Development: Maintenance: 74,303 Network Services: WAN: 8,910 Training: Project Type Legend: P Production, M Maintenance, D Development, N Network Services, T Training, W WAN MEMORANDUM OF UNDERSTANDING FOR COURT TELECOMMUNICATION SERVICES This Memorandum of Understanding is made and entered into as of July 1, 2016 (this “Memorandum”), and is between the Superior Court of California, County of Contra Costa (the “Court”) and the County of Contra Costa, a political subdivision of the State of California (the “County”). RECITALS A. The Lockyer-Isenberg Trial Court Funding Act of 1997, commonly referred to as AB233 (the “Act”), relieved counties of their previous responsibility to fund court operations, as defined in Government Code Section 77003 and Rule 10.810 of the California Rules of Court. The State of California subsequently assumed responsibility for funding court operations. B. Prior to enactment of the Act, the County Department of Information Technology provided the Court with telecommunication, voice, and data transmission utility services, and telephone and voice line installation, configuration, and repair services. C. The Court desires to continue receiving telecommunication, voice, and data transmission utility services, and telephone and voice line installation, configuration, and repair services from the County, and the County desires to continue providing those services to the Court, and the parties are therefore entering into this Memorandum pursuant to Government Code section 77212. D. The parties do not intend this Memorandum to expand, broaden, reduce or limit their respective rights, duties, or obligations under California law. E. The parties desire that the Telecommunication Services that are described in this Memorandum be carried out in accordance with the terms of this Memorandum. The parties, for good and valuable consideration, the sufficiency of which is hereby acknowledged, therefore agree as follows: AGREEMENT 1. SERVICES 1.1 Scope of Services. Subject to the terms of this Memorandum, the County will provide the services set forth on Exhibit A attached hereto and incorporated herein (the “Telecommunication Services”) at the court locations listed on Exhibit B attached hereto and incorporated herein (the “Court Buildings”). In accordance with Government Code Sections 77212(b), if the County elects to discontinue a Telecommunication Service that is vital to the Court, the County will cooperate with the Court to ensure the service is available to the Court from the County or another entity. County/Court Telecommunication Services MOU Page 2 of 15 1.2 Compensation. The amounts payable for the services provided pursuant to this Memorandum are subject to the provisions of the Act and Rule 10.810 of the California Rules of Court and are determined as follows: (a) Subject to Section 1.2(b) below, the Court shall pay the County for Telecommunication Services in accordance with the payment terms set forth in Exhibit C attached hereto and incorporated herein. Pursuant to Government Code Section 77212(a), the rates charged by the County may not exceed the cost of providing similar services to County departments or to special districts. (b) The rates set forth on Exhibit C attached hereto are for the first year that this Memorandum is in effect and will be adjusted to reflect increases in the County’s direct costs of providing the Telecommunication Services . The County may propose a change to the rates payable for one or more Telecommunication Services by providing a written notice to the other party (a “Notice of Adjustment”). A Notice of Adjustment must be issued on or before April 1 to be effective on July 1 of the following year (July 1 to June 30, being referred to herein as a “Fiscal Year”); provided, however, if as a result of collective bargaining a cost of living adjustment (a “COLA”) is granted retroactively and the COLA affects the cost of providing a particular Telecommunication Service, then (i) the rate payable for that particular Telecommunication Service, as the case may be, will be adjusted retroactively (such adjustment, a “COLA Adjustment”) and the new rate will be effective as of the effective date of the COLA Adjustment, and (ii) a Notice of Adjustment will be issued as soon as reasonably practicable. Except in the case of a COLA Adjustment, following the issuance of a Notice of Adjustment, the parties shall use good faith efforts to agree on the rates to be charged for Telecommunication Services, as the case may be, prior to the time a termination notice must be issued in accordance with Section 2.2 below. 1.3 Indirect Costs. The County may include indirect costs in the rates payable under this Memorandum. Pursuant to Government Code Section 77212(d)(1), the amount of indirect and overhead costs being charged hereunder for Telecommunication Services and the method of calculating the indirect and overhead costs are set forth on Exhibit C attached hereto. The County’s indirect costs may not include items that are not otherwise allowable as part of “court operations,” as defined in Government Code Section 77003 and Rule 10.810 of the California Rules of Court. 1.4 Manner of Payment. The County shall invoice the Court for Telecommunication Services monthly in arrears. The County’s invoices shall identify the services provided and the applicable rates. The Court will pay invoices within 30 days of receipt. Invoices and payments shall be sent to the respective addresses set forth in Section 5.6 below. 1.5 Dual Service Provider. When an employee of the County provides the same or similar services to both the Court and the County, the County will track the employee’s time through the County Department of Information Technology Customer County/Court Telecommunication Services MOU Page 3 of 15 Billing System (CBS) labor tracking system. The CBS will determine how much of the employee’s time is spent providing services to the Court and how much is spent providing services to the County. The CBS labor tracking system will serve as the basis for the allocation of the employee’s costs between the parties. 1.6 Verification. The Court may request that the County provide additional back-up information regarding the Telecommunication Services provided and the rates charged. The County shall provide the additional information to the Court within thirty (30) days of receipt of the request. In accordance with Government Code Section 77212, the Judicial Council may audit the County’s figures to ensure compliance with Government Code Section 77212 and the reasonableness of the figures. This Memorandum is subject to examination and audit by the State Auditor for a period of three (3) years after final payment. 1.7 Cooperation. The Court may notify the County in writing that a particular outside vendor will be used in conjunction with the delivery of a Telecommunication Service that the Court is to receive from the County. Upon receipt of the vendor’s identity, the County will cooperate with the vendor and advise the Court of any cooperation or coordination problems that arise. 2. TERM/TERMINATION 2.1 Term. This Memorandum is effective as of the date set forth in the introductory paragraph and will remain in effect until terminated by either party in accordance with Section 2.2 below. 2.2 Termination of this Memorandum. The parties may terminate this Memorandum at any time by written mutual agreement. Subject to the requirements of Government Code Section 77212, either party may terminate this Memorandum at any time by giving the other party written notice as specified in Section 2.3 below. 2.3 Termination of a Service. Subject to Section 1.1 above, either party may terminate a service that is provided pursuant to this Memorandum by giving the other party written notice. In accordance with Government Code Sections 77212(b) and 77212(c), a notice terminating a service that is given on or before April 1 will be effective on the first day of the succeeding Fiscal Year, or such other date that is mutually agreeable to the parties. 2.4 Survival. The rights and obligations of the parties to this Memorandum, which by their nature should survive the termination or expiration of this Memorandum, shall remain in effect after the termination or expiration of this Memorandum, including any section of this Memorandum that states it shall survive such termination or expiration. County/Court Telecommunication Services MOU Page 4 of 15 3. DISPUTE RESOLUTION 3.1 Continuation of Services. If the County and the Court disagree as to any matter governed by this Memorandum, this Section 3 will govern the dispute resolution process. Until the dispute is resolved, the County will continue to provide the service that is the subject of the dispute and the Court will continue to pay for the service in accordance with the terms of this Memorandum. 3.2 Request for Meeting. If after forty five (45) days, the Court and the County cannot resolve a dispute, either party may give the other party a written request for a meeting between the Court Executive Officer and the County Administrator for the purpose of resolving the dispute. Once a meeting is requested, the parties shall work together in good faith to cause the meeting to occur within ten (10) business days of the receipt of the request. If the meeting fails to occur or fails to resolve the disagreement, nothing in this Memorandum precludes the parties from exercising their legal remedies. 3.3 Resolution of Disputes. If a dispute between the parties regarding the interpretation or performance of this Memorandum is not resolved under Section 3.2 above, the parties may submit the dispute to non-binding mediation to be conducted in the City of Martinez. 3.4 Jurisdiction and Venue. If a dispute between the parties regarding the interpretation or performance of this Memorandum is not resolved under Section 3.3 above, either party may bring legal action to interpret or enforce this Memorandum in the Superior Court of California, County of Contra Costa. 4. INDEMNIFICATION 4.1 County Indemnification. The County shall indemnify and hold harmless the Court for the County’s share of any and all claims, costs and liability for any damage, injury or death of or to any person or the property of any person, including attorneys’ fees, arising out of the willful misconduct or the negligent acts, errors or omissions of the County in the performance of its obligations under this Memorandum. Under no circumstance will the County have any liability to the Court or to any other person or entity, for consequential or special damages, or for any damages based on loss of use, revenue, profits or business opportunities arising from or in any way relating to County’s performance under this Memorandum. 4.2 Court Indemnification. The Court shall indemnify and hold harmless the County for the Court’s share of any and all claims, costs and liability for any damage, injury or death of or to any person or the property of any person, including attorneys’ fees, arising out of the willful misconduct or the negligent acts, errors or omissions of the Court, its officers or employees. Under no circumstance will the Court have any liability to the County or to any other person or entity, for consequential or special damages, or for any damages based on loss of use, revenue, profits or business opportunities arising from or in any way relating to the Court’s performance of its obligations under this Memorandum. County/Court Telecommunication Services MOU Page 5 of 15 5. MISCELLANEOUS 5.1 Entire Agreement. This Memorandum, the exhibits to this Memorandum, contain the entire agreement between the parties regarding the subject matter herein. This Memorandum and its exhibits supersede any and all other previous agreements, oral or written, concerning the subject matter of this Memorandum. 5.2 Amendment. No addition to or alteration of the terms of this Memorandum is valid unless it is in a writing executed by both parties and approved by the governing bodies of both parties. 5.3 Time of Performance. Unless specifically stated to the contrary, all references to days in this Memorandum mean calendar days. If the final date for payment of any amount or performance of any act falls on a Saturday, Sunday or holiday, such payment or performance is to occur on the next succeeding business day. 5.4 Further Assurances. Each party agrees to cooperate with the other, and to execute and deliver, or cause to be executed and delivered, any other instruments and documents, and to take all such other actions as may be reasonably requested of it from time to time, in order to effectuate the provisions and purposes of this Memorandum. 5.5 Assignment. Except as otherwise provided in this Memorandum or in any of the exhibits hereto, neither party may assign its rights or obligations under this Memorandum without the prior written consent of the other party. Notwithstanding the foregoing, the County may subcontract its obligations under this Memorandum and will notify the Court of the identity of any subcontractors it uses to perform services provided for in this Memorandum. 5.6 Notices. Any notices required or permitted under this Memorandum are to be in writing and may be (i) personally delivered, (ii) mailed by depositing such notice in the United States mail, first class postage prepaid, or (iii) sent by nationally recognized overnight delivery service, addressed as follows, or to such other place as either party may designate by subsequent written notice to the other party: If to Court: Superior Court Administration 725 Court Street, 4th Floor Martinez, CA 94553 Attn: Executive Officer If to County: Joanne Buenger Deputy Chief Information Officer Contra Costa County 30 Douglas Drive Martinez, CA 94553 with a copy to: County/Court Telecommunication Services MOU Page 6 of 15 County Administrator’s Office 651 Pine Street, 10th Floor Martinez, CA 94553 Attn: County Administrator 5.7 Waiver. A waiver of enforcement of any terms or conditions of this Memorandum by either party is effective only if expressly agreed to in writing by a duly authorized officer of that party. A waiver by either party of a breach of any of the terms of this Memorandum shall not to be construed as a waiver of any succeeding breach of the same or other term of this Memorandum. 5.8 Binding. This Memorandum and its exhibits are binding upon the successors of the Court and the County. 5.9 Counsel and Drafting. Each party, by its execution of this Memorandum, represents to the other party that it has reviewed each term of this Memorandum with its counsel, or has had the opportunity for such review with its counsel. Neither party may deny the validity of this Memorandum on the ground that it did not have the advice of counsel. Each party hereto has had the opportunity to participate in the drafting and preparation of this Memorandum. The provisions and terms of this Memorandum are to be interpreted in accordance with their plain meaning. 5.10 Counterparts. This Memorandum may be executed in one or more counterparts, all of which together are one and the same agreement. 5.11 Severability. If any provision of this Memorandum is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will continue in full force and effect without being impaired or invalidated in any way. 5.12 Governing Law. This Memorandum is governed by the laws of the State of California. 5.13 Certification of Authority to Execute this Memorandum. Each party certifies that the individuals signing below on its behalf has authority to execute this Memorandum and to legally bind the party to the terms and conditions of this Memorandum and its exhibits. 5.14 Relationship of Parties. Nothing contained in this Memorandum is to be interpreted or understood by either of the parties, or by any third persons, as creating the relationship of employer and employee, or principal and agent, between the County and the Court or their agents, employees or contractors. Both parties will at all times be deemed an independent contractor and to be wholly responsible for the manner in which they or their agents, or both, perform the services required of them by the terms of this Memorandum. Each party is solely responsible for its own acts and those of its agents and employees. County/Court Telecommunication Services MOU Page 7 of 15 5.15 Compliance with Laws. Notwithstanding any provision to the contrary contained in this Memorandum, no provision of this Memorandum is intended to require any party to violate any applicable statute, rule of law or regulation. 5.16 Confidential Information. During the term of this Memorandum and at all times thereafter, County will: (a) hold all Confidential Information (as defined below) in strict trust and confidence; (b) refrain from using or permitting others to use Confidential Information in any manner or for any purpose not expressly permitted by this Memorandum; and (c) refrain from disclosing or permitting others to disclose any Confidential Information to any third party without obtaining the Court’s prior written consent to the disclosure on a case-by-case basis. County will disclose Confidential Information only to its employees or contractors who need to know that information in order to perform Telecommunication Services hereunder and who have been advised of the confidentiality requirements of this Memorandum. The provisions of this section shall survive the expiration or termination of this Memorandum. County will protect Confidential Information from unauthorized use, access, or disclosure in the same manner as County protects its own confidential or proprietary information of a similar nature, and with no less than reasonable care. The Court owns all right, title and interest in the Confidential Information. County will notify the Court promptly upon learning of (i) any unauthorized disclosure or use of Confidential Information and , subject to the requirements of the California Public Records Act (California Government Code section 6250, et seq. (the “PRA”), will cooperate fully with the Court to protect such Confidential Information, and (ii) a request by the public for records under the PRA . Upon the Court’s request and upon any termination or expiration of this Memorandum, County will promptly (a) return to the Court or, if so directed by the Court, destroy all Confidential Information (in every form and medium), and (b) certify to the Court in writing that County has fully complied with the foregoing obligations. County acknowledges that there can be no adequate remedy at law for any breach of County’s obligations under this section, that any such breach will likely result in irreparable harm, and that upon any breach or threatened breach of the confidentiality obligations, the Court shall be entitled to apply to a court of competent jurisdiction for appropriate equitable relief, without the requirement of posting a bond, in addition to its other remedies at law. As used herein, the term “Confidential Information” means: (i) any information related to the business or operations of the Court, including information relating to the Court’s personnel and users; and (ii) all financial, statistical, personal, technical and other data and information of the Court (and proprietary information of third parties provided to County by the Court), which is designated confidential or proprietary, or that County otherwise knows, or would reasonably be expected to know, is confidential. Confidential Information does not include information that County demonstrates to the Court’s satisfaction that: (a) County lawfully knew prior to the Court’s first disclosure to County, County/Court Telecommunication Services MOU Page 8 of 15 (b) a third party rightfully disclosed to County free of any confidentiality duties or obligations, or (c) is, or through no fault of County has become, generally available to the public. 5.17 Physical Access to Court Facilities. County telecommunications staff will request access to Court Buildings via e-mail to Court personnel to establish a mutually agreed upon date and time for Telecommunications Services to be provided. IN WITNESS WHEREOF, the parties hereto are executing this Memorandum as of the day and year first above written. SUPERIOR COURT OF CALIFORNIA, COUNTY OF CONTRA COSTA: By: _______________________________ Hon. Jill Fannin, Presiding Judge COUNTY OF CONTRA COSTA: By: _______________________________ David Twa, County Administrator County/Court Telecommunication Services MOU Page 9 of 15 EXHIBIT A TELECOMMUNICATIONS SERVICES The County Department of Information Technology shall provide the following services as requested by the Court, and will invoice the Court as described below. As used in this Exhibit A, the term “days” means days on which County offices are open for business. The dates listed are normal timelines that may vary depending on vendor delivery, available facilities at the termination site or carrier locations, coordination of service, complexity of service and discovery of service. The time frames listed should be used as a guideline only and not an assurance of service. Support will be provided at the Service Locations identified in Exhibit B (Service Locations). County staff will request access to Court Buildings via e-mail to Court personnel to establish a mutually agreed upon date and time for Services to be provided. Travel time is included as part of the hours specified in this Memorandum (portal to portal time for travel will be billed to the department at the rate of the person(s) required to travel). If support includes meetings or other technical work to be performed at a location other than a Service Location, travel and expenses for the work will be billed to Court A. Telecommunication Services. 1. Telecommunication services, voice Unified Communications as a Service (UCAAS), and data transmission services to the Court Buildings. Voice and data utility services are provided and procured through the County’s contract with AT&T. 2. Telephone and voice line installation, configuration, and repairs. 3. Order new analog line prior to May 1, 2017; thereafter Court will order new analog lines: Requires 7-8 days lead time Technician site visit 3 days after line delivered 4. Order new Direct Inward Dialing (DID) range for Primary Rate Interface (PRI) only: Requires 7-8 days lead time Technician site visit 3 days after line delivered (day count begins once County receives an approved telecom work order). 5. Cancel a line or a DID Requires 4-5 days lead time The line will be terminated within 30 days of the courts request and billing will discontinue at the next billing cycle. 6. Change or move of a line prior to May 1, 2017; thereafter Court will change or move lines: County/Court Telecommunication Services MOU Page 10 of 15 Requires 17-18 days lead time for Trunk side service to Trunk side service, Requires 9-10 days lead time for Line side service to Line side service Technician site visit 3 days after line change or move completed. 7. Change or move existing DID: Requires 17-18 days lead time for Trunk side service to Trunk side service Requires 9-10 days lead time for Line side service to Line side service Technician site visit 3 days after line change or move completed (day count begins once County receives an approved telecom work order). B. County Staffing. The County will provide qualified staff and maintain staff proficiency through on-going training and certification programs for standard technologies. C. Support Services. County will provide the following telecommunication support services for the Courts Collection Unit (CCU), Automatic Call Distributor (ACD), and Interactive Voice Response (IVR): 1. A help desk logging system that logs help desk tickets and is operational 12 hours a day, five days a week (“Normal Support Hours”). Outside of Normal Support Hours, an answering service is used to contact County on-call staff. 2. Support and maintenance for requested telephone services and equipment; 3. Problem troubleshooting and resolution; e.g., phone doesn’t ring; no dial tone; 4. Assist the Court in the purchase of telephone related equipment and services from third-party vendors; 5. Under normal conditions and during normal business hours 8 :00 a.m. and 5:00 p.m. PST (“Normal Support Hours”), County will respond to a support request within two hours of receipt of a trouble call by a Telecom munication Services technician; 6. Outside of Normal Support Hours, County will respond to a support request within three hours of receipt of a trouble call by a Telecommunication Services technician . County/Court Telecommunication Services MOU Page 11 of 15 EXHIBIT B COURT BUILDINGS The County will provide Telecommunication Services at each of the following court locations: 1. Wakefield Taylor Courthouse, 725 Court Street, Martinez, California. 2. A.F. Bray Courthouse, 1020 Ward Street, Martinez, California. 3. Court Annex, 1010 Ward Street, Martinez, California. 4. Peter L. Spinetta Family Law Center, 751 Pine Street, Martinez, California. 5. Juvenile Hall, 202 Glacier Drive, Martinez, California. 6. Richard E. Arnason Justice Center, 1000 Center Drive, Pittsburg, California. 7. George D. Carroll Courthouse, 100 37th Street, Richmond, California. 8. Walnut Creek Courthouse, 640 Ygnacio Valley Rd., Walnut Creek, California. 9. 911 Alhambra Avenue, Martinez, California County/Court Telecommunication Services MOU Page 12 of 15 EXHIBIT C TELECOMMUNICATION SERVICES RATES AND CHARGES A. TELECOMMUNICATION SERVICES BILLING 1. The County will charge the Court for the Telecommunication Services as set forth in this Exhibit C. 2. County will bill the Court monthly for Telecommunication Services. The two methods of billing for voice and data services set forth in this Exhibit C are: (a) the legacy infrastructure used by the County in billing the Court for telecommunication services prior to this Memorandum being entered into (“Legacy Billing”), and (b) a billing method based on the new Unified Communications as a Service (UCAAS) infrastructure. 3. The County will invoice the Court using only Legacy Billing until all of the Court voice and data lines are moved to UCAAS. Once all of the Court voice and d ata lines are on UCAAS, the County will notify the Court in writing and the County will begin billing the Court using the UCAAS billing model set forth below as of the first of the following month. 4. County will continue to bill the Court for active legacy infrastructure lines and related ports until all lines and ports on that infrastructure are no longer in use. Calls referred from an old phone number to a new phone number using AT&T’s call referral service will not be considered as an active line for a period of 60 days; after 60 days costs will be charged. 5. Total costs invoiced by the County will vary from month to month based on the number of lines and ports that are in use by the Court at the end of the prior month. County shall use its WinBill system to establish number of lines counts for voice and data lines, and for ports. B. LEGACY BILLING FIXED FEES. The County will charge the Court the following fixed rates under Legacy Billing: 1. Voice and Data Lines. Voice and data lines will be charged at the rate of $30.00 per line per month. Monthly charges will apply based on the line counts for that month. For reference, as of July 1, 2016, the following organizational numbers had the following line counts: Org Number End of June Count 7995 (AOC-Court)……………………………..4 7996 (Trial Court Operations)……………...278 County/Court Telecommunication Services MOU Page 13 of 15 2. Switch Ports. Switch ports will be charged at the monthly rate of $14.25 per switch port. Monthly charges will apply based on the port counts for that month. The estimated monthly charges based on the July 1, 2016 line and port counts are as follows: 3. Phone Usage Rates. The County will bill the Court for telephone usage rates at AT&T’s monthly charges, which are in addition to County fixed rates. The AT&T service types include but are not limited to: a. ISDN b. Data Port c. PRI d. Data Circuit e. Voice Circuit f. 1MB g. Pay Phone h. Centrex i. Opt-E-Man j. DID k. PRI Trunk l. White Page Listing 4. Voice Mail. a. Org 7996, 510 (489 June, 2016) mail boxes – $6.40 per mail box b. Org 7997, 10 (8 June, 2016) mail boxes - $6.40 per mail box C. UNIFIED COMMUNICATIONS AS A SERVICE (UCAAS) BILLING 1. Services Include. Rates per line will include monthly telephone service, voice mail, switch port charges, and phone usage within the Continental United States. 7997 (Collections Compliance Unit)…..…….12 7999 (Non-Rule 810 Grants)………………….1 Total lines…………………………………….295 Item Count Fixed Rate Total Voice/Data Line 295 $30.00 per line $8,850.00 Ports 1,112 $14.25 per port $15,846.00 Total $24,696.00 County/Court Telecommunication Services MOU Page 14 of 15 2. Services Exclude. Rates do not include A911 service (emergency location Identifier for 911 calls). If The Court implements this service, the cost per station will be $3.00. Type of equipment Monthly Cost Estimated Number Total Estimated Monthly Recurring Cost IP Phone Lines $40.00 * 422 $16,880.00 Voice/Data Line $30.00** 2 $60.00 ATT Virtual Private Network (AVPN) $5,118.00 1 $5,118.00 Total Fixed Recurring Charges $22,058.00 The $40.00 per month cost for each IP Phone station includes: AT&T fixed rate, AT&T IP Flex, AT&T station charge, voice mail, phone usage within Continental United States, and telecommunications maintenance. Telecommunications maintenance is technician time for support of basic phone operation, which includes but is not limited to service and support of administration portal and trouble ticket issues. *$25.50 AT&T fixed rate, $14.50 County overhead charge **$15.50 AT&T fixed rate, $14.50 County overhead charge 3. Outside Continental U.S. AT&T usage rates for outside the Continental United States will be bill based on the carrier’s charges. D. Support Services. The County will charge the Court for its time and cost of materials according to the below table when the Court requests service or new equipment is procured. For each request for services or equipment made by the Court, the Court will open a new work order. The County will track costs for each work order request separately, including requests for additional phones, phone moves and changes in phone function. Type of Service Unit Cost Telecom Labor $108.00 per hour Equipment Procurement At cost County/Court Telecommunication Services MOU Page 15 of 15 E. Indirect and Overhead Costs. The County’s indirect and overhead costs included in the rates payable under this Memorandum are set forth in Sections B and C of this Exhibit C. The County calculates its indirect and overhead costs included in the rates set forth in this Memorandum by dividing its total cost of delivering telecommunications services to internal County department and customers external to the County by the number of voice and data lines it provides. RECOMMENDATION(S): APPROVE and AUTHORIZE the County Administrator, or designee, to execute a contract containing modified indemnification language with Liebert Cassidy Whitmore - a Professional Corporation, in an amount not to exceed $932,017 to serve as labor negotiators and to provide consulting services regarding labor relations for the period of July 1, 2017 to June 30, 2020. FISCAL IMPACT: The contract provides for billing on an hourly basis, with a total contract amount not to exceed $932,017 for the period of July 1, 2017 to June 30, 2020, and will be funded initially by the General Fund and subsequently spread to other funds through the Cost Plan. BACKGROUND: The County Administrator's Office is requesting to enter a contract with Liebert Cassidy Whitmore to serve as labor negotiators and to provide consulting services regarding labor relations to augment the services provided by the County's labor relations staff. This contract is intended to replace the County's expiring contract with Industrial Employers and Distributors Association (IEDA) for similar services. Liebert Cassidy Whitmore is one of the preeminent public employment law firms in California and has provided labor negotiations and labor relations support services to public agencies for more than 35 years. This contract contains modified indemnification language. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/11/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Jeff Bailey, Labor Relations Manager (925) 335-1017 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Jeff Bailey, Labor Relations Manager, Sharon L. Anderson, County Counsel C. 68 To:Board of Supervisors From:David Twa, County Administrator Date:July 11, 2017 Contra Costa County Subject:Contract with Liebert Cassidy Whitmore for Labor Relations Negotiations and Consulting Services CONSEQUENCE OF NEGATIVE ACTION: If this action is not approved, the County's ability to negotiate with our recognized employee organizations will be significantly impaired. RECOMMENDATION(S): APPROVE and AUTHORIZE the Director of Human Resources, or designee, to execute a contract with TALX Corporation, including indemnification language changes, in an amount not to exceed $93,000 to implement an automated Form I-9 management solution system and to provide a one-time paper/electronic Form I-9 conversion, audit and remediation project, for the period of June 1, 2017 through June 30, 2020. FISCAL IMPACT: The cost of this contract is within the Human Resources Department budget. (100% General Fund) BACKGROUND: TALX Corporation’s Management Solution Service/Compliance Center Platform will integrate with the County’s new Taleo Onboarding System and will allow completion of the U.S. Citizenship and Immigration Services Form I-9 electronically utilizing the federal E-Verify program to verify the work authorization status of a candidate. Following receipt of an official offer of employment letter from the County, the candidate will receive an email notification through the Taleo Onboarding System prompting them to complete Section I of the Form I-9. Once the candidate APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/11/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Dianne Donsmore - (925) 335-1766 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Nancy Zandonella C. 69 To:Board of Supervisors From:Dianne Dinsmore, Human Resources Director Date:July 11, 2017 Contra Costa County Subject:APPROVE and AUTHORIZE the Director of Human Resources, or designee, to execute a contract with TALX Corporation in an amount not to exceed $93,000. BACKGROUND: (CONT'D) has completed, electronically signed and submitted Section I of the I-9, the Management Solution Center will automatically check the work authorization through the E-Verify program to ensure compliance and authorization to work in the United States. The results of the verification will be transmitted back to the County through the Taleo Onboarding System instructing the authorized County representative to electronically complete and submit Section II of the I-9. The one-time paper/electronic Form I-9 conversion, audit and remediation project will convert of all the County’s paper Form I-9’s currently housed by the Human Resources Department to electronic images which will be audited to check for compliance and will report any necessary remediation issues. The Management Solution Center will also perform automated retention, purge tracking and re-verification all on Form I-9’s stored in the database and provide the County with a monthly compliance report. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, the County will be unable to automate the process of verifying a candidate’s work authorization prior to the start of employment and we will not be able to audit and remediate the 11,500 Form I-9’s currently on file with the County. RECOMMENDATION(S): APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to execute a contract amendment effective June 1, 2017 with Contra Costa Senior Legal Services, a non-profit corporation of California, to increase the payment limit by $18,549 to a new payment limit of $127,754 and extend the term from June 30, 2017 to August 31, 2017 for continuation of legal services to seniors until a new contract is awarded through the current Request For Proposal (RFP) 1154. (100% Federal) FISCAL IMPACT: $127,754: 100% Federal (Older Americans Act Title IIIB and VIIB) BACKGROUND: Contra Costa Senior Legal Services provides count-wide legal services (e.g. phone call, letters and document review, negotiations), representation at administrative proceedings, and representation in court hearings to eligible clients 60 years of age and older, with emphasis on those individuals of greatest social need, greatest economic need, minority persons, and particularly minority persons with the greatest economic need. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/11/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Gina Chenoweth 3-1648 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 70 To:Board of Supervisors From:Kathy Gallagher, Employment & Human Services Director Date:July 11, 2017 Contra Costa County Subject:Amend Contract with Contra Costa Senior Legal Services for Legal Services to Seniors CONSEQUENCE OF NEGATIVE ACTION: No-cost County-wide legal services and representation to persons 60 years of age or older will not be available after June 30, 2017 until a new contract is awarded and fully-executed. CHILDREN'S IMPACT STATEMENT: None RECOMMENDATION(S): APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to execute a contract with Ombudsman Services of Contra Costa County, Inc. in an amount not to exceed $245,841 to provide ombudsman services to seniors in long-term care for the period of July 1, 2017 through June 30, 2018. (100% Federal) FISCAL IMPACT: $245,845: 100% Federal (Older Americans Act, Title III-B and VII-A) BACKGROUND: Ombudsman Services of Contra Costa County, Inc. provides long-term care ombudsman services for adults including mediation and conciliation services, creation of Family Councils for support of families of long-term care residents, document and report investigations of physical abuse of all dependent adult and elder residents of long-term care facilities, education and training on seniors' rights, benefits, and entitlements. CONSEQUENCE OF NEGATIVE ACTION: Seniors in Contra Costa county will not receive the assistance of ombudsman services. CHILDREN'S IMPACT STATEMENT: None APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/11/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Gina Chenoweth 3-1648 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 71 To:Board of Supervisors From:Kathy Gallagher, Employment & Human Services Director Date:July 11, 2017 Contra Costa County Subject:Contract with Ombudsman Services of Contra Costa County, Inc. for Ombudsman Services to Seniors RECOMMENDATION(S): APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to execute a contract with Family Caregiver Alliance, a non-profit corporation of California, in an amount not to exceed $125,306 for Older Americans Act, Title III-E Family Caregiver Provider Program services to support older adults, their caregivers, and families for the period of July 1, 2017 through June 30, 2018. (100% Federal) FISCAL IMPACT: $125,306: 100% Federal (Older Americans Act, Title III-E Funding) BACKGROUND: Family Caregiver Alliance (FCA) provides support services to older adults, their caregivers, and families through a Multi-Faceted Respite and Education Program with a broad array of comprehensive services to caregivers of persons 60 years of age and older who have functional impairments. FCA must adhere to the Area Agency on Aging special conditions' definitions for the meaning of program services and terms. FCA provides services in the three service areas of Contra Costa County (County): East, West, and Central. Services include: Public Information on Caregiving; Community Education on Caregiving; Caregiver Outreach; Caregiver Information and Assistance; Caregiver Assessment; Caregiver Counseling; Caregiver Training; Caregiver Case Management; Respite In-Home Person Care; and Caregiver Legal Resource Information. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/11/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Gina Chenoweth 3-1648 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 72 To:Board of Supervisors From:Kathy Gallagher, Employment & Human Services Director Date:July 11, 2017 Contra Costa County Subject:Contract with Family Caregiver Alliance for Family Caregiver Provider Program Services CONSEQUENCE OF NEGATIVE ACTION: Training, home modification, and assisted living services in support of Contra Costa County's older adults, their caregivers, and their families will not be available. CHILDREN'S IMPACT STATEMENT: None. RECOMMENDATION(S): Approve and authorize the Health Services Director, or his designee, to execute, on behalf of the County, Contract #74-271-11(12) with Rene Lewellyn, Marriage and Family Therapist, Inc., a professional corporation, in an amount not to exceed $200,000, to provide Medi-Cal specialty mental health services for the period from July 1, 2017 through June 30, 2019. FISCAL IMPACT: This Contract is by funded 50% Federal Medi-Cal and 50% State Mental Health Realignment. (No rate increase) BACKGROUND: On January 14, 1997, the Board of Supervisors adopted Resolution #97/17, authorizing the Health Services Director to contract with the State Department of Mental Health (now known as the Department of Health Care Services), to assume responsibility for Medi-Cal specialty mental health services. Responsibility for outpatient specialty mental health services involves contracts with individual, group and organizational providers to deliver these services. On October 25, 2015, the Board of Supervisors APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/11/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Cynthia Belon 925-957-5201 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Robert Curotto, Marcy Wilhelm C. 73 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:July 11, 2017 Contra Costa County Subject:Contract #74-271-11(12) with Rene Lewellyn, Marriage and Family Therapist, Inc. BACKGROUND: (CONT'D) approved Contract #74-271-11(10), as amended by Administrative Amendment #74-271-11(11), with Rene Lewellyn, Marriage and Family Therapist, Inc., for the provision of Medi-Cal specialty mental health services, for the period from July 1, 2015 through June 30, 2017. Approval of Contract #74-271-11(12) will allow the Contractor to continue providing mental health services through June 30, 2019. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, services provided to Contra Costa Mental Health Plan Medi-Cal beneficiaries could be negatively impacted, including access to services, choice of providers, cultural competency, language capacity, geographical locations of service providers, and waiting lists. RECOMMENDATION(S): Approve and authorize the Health Services Director, or his designee, to execute, on behalf of the County, Contract #72-102 with Bay Area Legal Aid, a Non-Profit corporation, in an amount not to exceed $1,050,000, to provide legal services to County residents participating in County’s CommunityConnect Program, for the period from July 1, 2017 through December 31, 2020. FISCAL IMPACT: This Contract is funded 100% Federal Whole Person Care Grant. BACKGROUND: Bay Area Legal Aid will provide civil legal assistance to the County’s CommunityConnect Program participants with an overall goal to address legal needs that are impacting their health care and health outcomes. Under Contract #72-102, the Contractor will provide legal services to County Residents participating in County’s CommunityConnect Program through December 31, 2020. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/11/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Daniel Peddycord, 925-313-6712 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: L Walker, M Wilhelm C. 74 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:July 11, 2017 Contra Costa County Subject:Contract #72-102 with Bay Area Legal Aid CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, Community Connect participants will not receive legal services for multiple legal needs which will negatively impact health outcomes. CHILDREN'S IMPACT STATEMENT: This program supports the following Board of Supervisors’ community outcomes “Communities that are Safe and Provide a High Quality of Life for Children and Families”. Expected program outcomes include an increase in positive social and emotional development as measured by the Child and Adolescent Functional Assessment Scale (CAFAS). RECOMMENDATION(S): Approve and authorize the Health Services Director, or his designee, to execute, on behalf of the County, Contract #26-745-8 with Medical Solutions, LLC, a limited liability company, in an amount not to exceed $2,700,000, to provide temporary registry services by medical staff at Contra Costa Regional Medical Center, Health Centers (CCRMC), and the County’s Detention Facilities, for the period from July 1, 2017 through June 30, 2018. FISCAL IMPACT: This contract is funded 100% Hospital Enterprise Fund I. (Rate Increase) BACKGROUND: On May 10, 2016 the Board of Supervisors approved Contract #26-745-6 (as amended by Amendment Agreement #26-745-7) with Medical Solutions LLC (dba Nebraska Medical Solutions Staffing, LLC), to provide temporary registered nurses, nurse practitioners, and physician assistants to provide coverage during peak workloads, temporary absences and emergency situations at CCRMC, and the County’s Detention Facilities, through June 30, 2017. Due to previous and ongoing Union negotiations the Department APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/11/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Anna Roth, 925-370-5101 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: K Cyr, M Wilhelm C. 75 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:July 11, 2017 Contra Costa County Subject:Contract #26-745-8 with Medical Solutions, LLC BACKGROUND: (CONT'D) is splitting Teamsters Local 856 classifications and non-Teamster classifications into two different contracts. This contract request does not include Teamster represented classifications. Approval of Contract #26-745-8, will allow Medical Solutions, LLC to continue to provide temporary registered nurses, and medical staff at CCRMC, and the County’s Detention Facilities, through June 30, 2018. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, patients at CCRMC and the County's Main Detention Facility would not have access to Contractor’s services. RECOMMENDATION(S): APPROVE and AUTHORIZE the Director of Risk Management to execute a contract amendment with Essential Staffing, Inc., to increase the payment limit by $65,000 to a new payment limit of $565,000 for workers' compensation and risk management staffing services during the term of July 1, 2016 through June 30, 2017. FISCAL IMPACT: Additional cost of $65,000 for workers' compensation claims administration services is funded through the Workers' Compensation Internal Service Fund. BACKGROUND: Essential Staffing, Inc., provides expert temporary staff specializing in claims processing and risk management services. Due to retirements and an employee on long term leave, additional temporary staff is needed to handle claims in a timely manner and avoid penalties for delayed payments due to inadequate staffing. Essential Staffing has the highly experienced staff needed to fill the vacant positions immediately. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/11/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Sharon Hymes-Offord 925 335-1450 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Dianne Dinsmore, Human Resources Director C. 76 To:Board of Supervisors From:Sharon Offord Hymes, Risk Manager Date:July 11, 2017 Contra Costa County Subject:Contract Amendment for Essential Staffing, Inc. CONSEQUENCE OF NEGATIVE ACTION: Risk Management will not be able to efficiently process the County's claims and satisfy current regulations. RECOMMENDATION(S): APPROVE and AUTHORIZE the Director of Risk Management to execute a contract with BSI EHS Services and Solutions for on-site environmental health and safety and sustainability consulting support effective July 1, 2017 through June 30, 2018 in an amount not to exceed $1,218,800. FISCAL IMPACT: Costs will be funded through the Workers' Compensation Internal Service Fund and through charges to user departments. BACKGROUND: BSI EHS Services and Solutions (BSI) consists of staff possessing specialized technical skills in areas such as indoor air quality, infectious disease control, industrial hygiene, as well as general and environmental compliance. Consulting services also assist in dealing with Occupational Safety Health Administration (OSHA) compliance inspections and responses on behalf of County departments. BSI safety specialists assist with facility and program assessments requested by departments, ergonomic and air quality investigations, development and distribution of federal and state required safety and training tools, APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/11/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Sharon Hymes-Offord 925 335.1450 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 77 To:Board of Supervisors From:Sharon Offord Hymes, Risk Manager Date:July 11, 2017 Contra Costa County Subject:Contract with BSI EHS Services and Solutions BACKGROUND: (CONT'D) continuous training of loss control coordinators, implementation of safety/loss control programs for departments, responses to requests for research and interpretation of federal, state and local health and safety regulations and on-site First Aid/CPR/AED Training. CONSEQUENCE OF NEGATIVE ACTION: The County will not be able to ensure that it meets Cal-OSHA regulatory requirements. RECOMMENDATION(S): APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a Library Lease and Service Agreement with the City of Brentwood, enabling the County to operate the Brentwood Library located at 35 Oak Street, Brentwood. The lease is for a term beginning October 24, 2016 and ending July 2018, under terms and conditions set forth in the Library Lease and Service Agreement. (WLP145) FISCAL IMPACT: County Library, Fund 120600. BACKGROUND: The Brentwood Library (Library) is currently located at 35 Oak Street in City of Brentwood (City). The City is currently constructing a building as the new library. In exchange for the use of the Library premises, the County will perform library services and related activities at the Library during the term. The City will pay for and provide all maintenance, utilities, and janitorial services to the Library. No rent is due or payable from the County. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/11/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Dave Silva (925) 313-2132 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 78 To:Board of Supervisors From:Julia R. Bueren, Public Works Director/Chief Engineer Date:July 11, 2017 Contra Costa County Subject:Library Lease and Service Agreement for 35 Oak Street, Brentwood CONSEQUENCE OF NEGATIVE ACTION: Failure to approve the Library Lease and Service Agreement may reduce library services in the City of Brentwood. ATTACHMENTS Library Lease and Service Agreement for 35 Oak Street, Brentwood RECOMMENDATION(S): APPROVE and AUTHORIZE the Purchasing Agent to execute, on behalf of the Sheriff-Coroner, a purchase order with Spike's Produce in an amount not to exceed $500,000 to provide fresh produce and related items as needed in the three County adult detention facilities for the period July 1, 2017 through June 30, 2018. FISCAL IMPACT: $500,000 maximum. 100% County General Fund; Budgeted FY 17/18. BACKGROUND: Spike's Produce is a locally owned and operated small business that provides low-cost produce to all three adult detention facilities. These deliveries occur in the early morning, making it essential to have a low-cost, local solution. Other vendors could not meet the daily delivery service requirements necessary while maintaining low prices and high quality of fresh produce. This blanket purchase order will ensure timely delivery of essential food products for meals served at adult detention facilities. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/11/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Liz Arbuckle, (925) 335-1529 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Liz Arbuckle, Heike Anderson, Tim Ewell C. 79 To:Board of Supervisors From:David O. Livingston, Sheriff-Coroner Date:July 11, 2017 Contra Costa County Subject:Purchase Order - Spike's Produce CONSEQUENCE OF NEGATIVE ACTION: If this action is not approved, the Sheriff's Office will not have an active purchase order to acquire food products necessary for meals at the County's adult detention facilities. CHILDREN'S IMPACT STATEMENT: No impact. RECOMMENDATION(S): Approve and authorize the Health Services Director, or his designee, to execute, on behalf of the County, Contract #76-582 with Irene Lo, M.D., an individual, in an amount not to exceed $467,000, to provide general surgery services at Contra Costa Regional Medical Center and Health Centers (CCRMC), for the period from July 1, 2017 through June 30, 2018. FISCAL IMPACT: This Contract is funded 100% Hospital Enterprise Fund I. BACKGROUND: Under Contract #76-582, the Contractor will provide general surgery services at CCRMC, including, but not limited to: clinic coverage, surgical procedures, consultations, on-call and administrative support services, for the period from July 1, 2017 through June 30, 2018. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, patients requiring general surgery services at CCRMC will not have access to Contractor’s services. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/11/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Samir Shah, M.D., 925-370-5525 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: K Cyr, M Wilhelm C. 80 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:July 11, 2017 Contra Costa County Subject:Contract #76-582 with Irene Lo, M.D. RECOMMENDATION(S): Approve and authorize the Health Services Director, or his designee, to execute, on behalf of the County, Contract #26-718-2 with The Wright Institute, a non-profit corporation, in an amount not to exceed $1,545,000, for the provision of behavioral health services at Contra Costa Regional Medical Center and Contra Costa Health Centers (CCRMC), for the period from July 1, 2017 through June 30, 2018. FISCAL IMPACT: This Contract is funded 100% Hospital Enterprise Fund I. (Rate increase) BACKGROUND: On July 29, 2014, the Board of Supervisors approved Contract #26-718-1 with The Wright Institute for the provision of behavioral health services to patients at CCRMC, including consultation to primary care providers, short term interventions, individual and group therapy sessions, and psychopharmacologic consultations, for the period from July 1, 2014 through June 30, 2017. Approval of Contract #26-718-2 will allow the Contractor to continue providing behavioral health services, through June 30, 2018. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/11/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Samir Shah, M.D., 925-370-5525 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: K Cyr, M Wilhelm C. 81 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:July 11, 2017 Contra Costa County Subject:Contract #26-718-2 with The Wright Institute CONSEQUENCE OF NEGATIVE ACTION: If this Contract is not approved, patients requiring behavioral health services would not have access to Contractor’s services. RECOMMENDATION(S): Approve and authorize the Health Services Director, or his designee, to execute, on behalf of the County, Contract #27-456-12 with La Clinica De La Raza, Inc., a non-profit corporation, in an amount not to exceed $3,000,000, to provide Primary Care and Optometry services, to Contra Costa Health Plan (CCHP) members, for the period from July 1, 2017 through June 30, 2018. FISCAL IMPACT: This Contract is funded 100% Contra Costa Health Plan Enterprise Fund III. (No rate increase) BACKGROUND: On August 2, 2016, the Board of Supervisors approved Contract #27-456-10 (as amended by Administrative Amendment Agreement #27-456-11) with La Clinica De La Raza for the provision of Primary Care and Ophthalmology services, for the period from July 1, 2016 through June 30, 2017. Approval of Contract #27-456-12 will allow Contractor to continue providing Primary Care and Ophthalmology services to Contra Costa Health Plan members, through June 30, 2018. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/11/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Patricia Tanquary 925-313-6004 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: A Floyd, M Wilhelm C. 82 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:July 11, 2017 Contra Costa County Subject:Contract #27-456-12 with La Clinica De La Raza, Inc. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, certain specialized health care services for its members under the terms of their Individual and Group Health Plan membership contract with the County will not be provided. RECOMMENDATION(S): Approve and authorize the Health Services Director, or his designee, to execute, on behalf of the County, Contract Amendment/Extension Agreement #77-001-2 with La Clinica De La Raza, Inc., a non-profit corporation, effective July 1, 2017, to amend Contract #77-001-1, to increase the payment limit by $461,664, from $692,440, to a new payment limit of $1,154,104, and extend the termination date from December 31, 2017 to December 31, 2018. FISCAL IMPACT: This Contract is funded 100% by Contra Costa Cares Program (33% CCHP Community Enterprise Fund III; 17% County General Fund; 50% local hospitals match). (No rate increase) BACKGROUND: On December 6, 2016, the Board of Supervisors approved Contract #77-001, as amended by Amendment/Extension Agreement #77-001-1, with La Clinica De La Raza, Inc., for the provision of primary care medical services for the Contra Costa Cares Program, for the period from November 1, 2015 through December 31, 2017. Approval of Contract Amendment/Extension Agreement #77-001-2 will allow the Contractor to continue providing primary care services through December 31, 2018. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/11/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Patricia Tanquary, 925-313-6004 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: L Walker, M Wilhelm C. 83 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:July 11, 2017 Contra Costa County Subject:Amendment/Extension #77-001-2 with La Clinica De La Raza, Inc. CONSEQUENCE OF NEGATIVE ACTION: If this amendment is not approved, low income, uninsured adults would not have access to primary care services in Contra Costa County. RECOMMENDATION(S): Approve and authorize the Health Services Director, or his designee, to execute, on behalf of the County, Contract #27-589-10 with Night Owl Pediatrics (dba Night Owl Urgent Care), a corporation, in an amount not to exceed $2,000,000, to provide urgent care and pediatric primary care services for Contra Costa Health Plan (CCHP) members for the period from July 1, 2017 through June 30, 2019. FISCAL IMPACT: This Contract is funded 100% by Contra Costa Health Plan Enterprise fund II. (No Rate increase) BACKGROUND: On June 9, 2015, the Board of Supervisors approved Contract #27-589-8 (as amended by Contract Amendment Agreement #27-589-9) with Night Owl Pediatrics, Inc., for the period from July 1, 2015 through June 30, 2017 for the provision of pediatric primary care and urgent care services to CCHP members. Approval of Contract #27-589-10 will allow Contractor to continue providing pediatric primary care and urgent care services through June 30, 2019. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/11/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Patricia Tanquary 925-313-6004 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: A Floyd , M Wilhelm C. 84 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:July 11, 2017 Contra Costa County Subject:Contract #27-589-10 with Night Owl Pediatrics (dba Night Owl Urgent Care) CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, certain specialized professional health care services for its members under the terms of their Individual and Group Health Plan membership contracts with the County will not be provided. RECOMMENDATION(S): Approve and authorize the Health Services Director, or his designee, to execute, on behalf of the County, Novation Contract #74-398-7 with Asian Community Mental Health Board, a non-profit corporation, in an amount not to exceed $137,917, to provide Mental Health Services Act (MHSA) Prevention and Early Intervention (PEI) services for the period from July 1, 2017 through June 30, 2018. This Contract includes a six-month automatic extension through December 31, 2018, in an amount not to exceed $68,958. FISCAL IMPACT: This Contract is funded 100% Mental Health Services Act. (3% Cost of Living Adjustment) BACKGROUND: This Contract meets the social needs of County’s population by providing comprehensive and culturally-sensitive and appropriate education and access to Mental Health Services for immigrant communities, including the Southeast Asian and Chinese population of Contra Costa County. On September 13, 2016, the Board of Supervisors approved Novation Contract #74-398-6 with Asian Community Mental Health Board, for the provision of MHSA PEI services, for the APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/11/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Cynthia Belon, 925-957-5201 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: L Walker, M Wilhelm C. 85 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:July 11, 2017 Contra Costa County Subject:Novation Contract #74-398-7 with Asian Community Mental Health Board BACKGROUND: (CONT'D) period from July 1, 2016 through June 30, 2017, which included a six-month automatic extension through December 31, 2017. Approval of Novation Contract #74-398-7 replaces the automatic extension under the prior Contract and allows the Contractor to continue providing services through June 30, 2018. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, immigrant communities, including Southeast Asian and Chinese populations, will have reduced access to culturally and linguistically appropriate mental health services provided through Contractor’s MHSA PEI program. CHILDREN'S IMPACT STATEMENT: This MHSA PEI program supports the following Board of Supervisors’ community outcomes: “Families that are Safe, Stable, and Nurturing”; and “Communities that are Safe and Provide a High Quality of Life for Children and Families”. Expected program outcomes include increases in social connectedness, communication skills, parenting skills, and knowledge of the human service system in Contra Costa County. RECOMMENDATION(S): Approve and authorize the Health Services Director, or his designee, to execute, on behalf of the County, Novation Contract #74–381-8 with The Latina Center, a non-profit corporation, in an amount not to exceed $108,565, to provide prevention and early intervention services (PEI), for the period from July 1, 2017 through June 30, 2018. This Contract includes a six-month automatic extension through December 31, 2018, in an amount not to exceed $54,282. FISCAL IMPACT: This Contract is funded 100% Mental Health Service Act (MHSA). (3% Cost of Living Adjustment) BACKGROUND: This Contract meets the social needs of County’s population by providing culturally and linguistically specific parenting education and support to at least 300 Latino parents and caregivers in West Contra Costa County, supporting the strong emotional, social and educational development of children and youth ages 0-15, and reduces verbal, physical and emotional abuse. On October 18, 2016, the Board APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/11/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Cynthia Belon, 925-957-5201 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: L Walker, M Wilhelm C. 86 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:July 11, 2017 Contra Costa County Subject:Novation Contract #74-381-8 with The Latina Center BACKGROUND: (CONT'D) of Supervisors approved Novation Contract #74-381-7 with The Latina Center, for the period from July 1, 2016 through June 30, 2017, which included a six-month automatic extension through December 31, 2017, for the provision of MHSA PEI services. Approval of Novation Contract #74-381-8 replaces the automatic extension under the prior Contract and allows the Contractor to continue providing services through June 30, 2018. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, the County’s youth will have reduced access to MHSA PEI services. CHILDREN'S IMPACT STATEMENT: This MHSA-PEI program supports the following Board of Supervisors’ community outcomes: “Families that are Safe, Stable, and Nurturing”; and “Communities that are Safe and Provide a High Quality of Life for Children and Families”. Expected program outcomes include an increase in positive social connectedness, communication skills, parenting skills, and knowledge of the human service system in Contra Costa County. RECOMMENDATION(S): Approve and authorize the Health Services Director, or his designee, to execute, on behalf of the County, Contract #23-571-3 with Blue Tree Network, Inc., a corporation, in an amount not to exceed $200,000, to provide consulting, technical support and training to the Health Services Department’s Information Systems Unit, for the period July 1, 2017 through June 30, 2019. FISCAL IMPACT: This amendment is funded 100% Hospital Enterprise Fund I. (No rate increase) BACKGROUND: In December 2015, the County Administrator approved and the Purchasing Services Manager executed Contract #23-571 (as amended by Amendment/Extension #23-571-1) with Blue Tree Network, Inc., for the provision of consulting, technical support and training, to the Health Services Information Director on Information Systems, for the period from January 1, 2015 through June 30, 2017. Approval of Contract #23-571-3 will allow the Contractor to continue to provide consulting, technical support and training to the Health Services Information Director through June 30, 2019. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/11/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: David Runt, 925-335-8700 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: K Cyr, M Wilhelm C. 87 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:July 11, 2017 Contra Costa County Subject:Contract #23-571-3 with Blue Tree Network, Inc. CONSEQUENCE OF NEGATIVE ACTION: If this amendment is not approved, the Information Systems Unit will not receive consulting, technical support and training from this Contractor. RECOMMENDATION(S): Approve and authorize the Health Services Director, or his designee, to execute, on behalf of the County, Contract Amendment/Extension Agreement #77-002-2 with Lifelong Medical Care, a non-profit corporation, effective July 1, 2017, to amend Contract #77-002-1, to increase the payment limit by $476,504, from $714,728, to a new payment limit of $1,191,232, and extend the termination date from December 31, 2017 to December 31, 2018. FISCAL IMPACT: This Contract is funded 100% by Contra Costa Cares Program (33% CCHP Community Enterprise Fund III; 17% County General Fund; 50% local hospitals match). (No rate increase) BACKGROUND: On December 6, 2016, the Board of Supervisors approved Contract #77-002, as amended by Amendment/Extension Agreement #77-002-1, with Lifelong Medical Care, for the provision of primary care medical services for the Contra Costa Cares Program, for the period from November 1, 2015 through December 31, 2017. Approval of Contract Amendment/Extension Agreement #77-002-2 will allow the Contractor to continue providing primary care services through December 31, 2018. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/11/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Patricia Tanquary, 925-313-6004 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: L Walker, M Wilhelm C. 88 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:July 11, 2017 Contra Costa County Subject:Amendment/Extension #77-002-2 with Lifelong Medical Care CONSEQUENCE OF NEGATIVE ACTION: If this amendment is not approved, low income, uninsured adults would not have access to primary care services in Contra Costa County. RECOMMENDATION(S): Approve and authorize the Health Services Director, or his designee, to execute, on behalf of the County, Novation Contract #74–379–8 with People Who Care Children Association, a non-profit corporation, in an amount not to exceed $216,614, to provide Mental Health Services Act (MHSA) Prevention and Early Intervention (PEI) services for the period from July 1, 2017 through June 30, 2018. This Contract includes a six month automatic extension through December 31, 2018 in an amount not to exceed $108,307. FISCAL IMPACT: This Contract is funded 100% by Mental Health Services Act. (3% Cost of Living Adjustment) BACKGROUND: This Contract meets the social needs of County’s population by providing work experience for 200 multicultural youth residing in the Pittsburg/Bay Point communities, as well as programs aimed at increasing educational success among youth who are either at-risk or high-risk of dropping out of school, or committing a repeat offense. On July 12, 2016, the Board of Supervisors approved Novation Contract #74–379-7 with People Who Care Children APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/11/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Cynthia Belon, 925-957-5201 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: L Walker, M Wilhelm C. 89 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:July 11, 2017 Contra Costa County Subject:Novation Contract #74–379–8 with People Who Care Children Association BACKGROUND: (CONT'D) Association, for the period from July 1, 2016 through June 30, 2017, which included a six-month automatic extension through December 31, 2017, for the provision of MHSA PEI services. Approval of Novation Contract #74–379–8 replaces the automatic extension under the prior Contract and allows the Contractor to continue providing services through June 30, 2018. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, at-risk youth from East Contra Costa County will have reduced access to job training and other programs, aimed at increasing educational success, due to delayed implementation of the Youth Development Program as defined in the Mental Health Services Act. CHILDREN'S IMPACT STATEMENT: This MHSA-PEI program supports the following Board of Supervisors’ community outcomes: “Families that are Safe, Stable, and Nurturing”; and “Communities that are Safe and Provide a High Quality of Life for Children and Families”. Expected program outcomes include increases in social connectedness, communication skills, parenting skills, and knowledge of the human service system in Contra Costa County. RECOMMENDATION(S): Approve and authorize the Health Services Director, or his designee, to execute, on behalf of the County, Novation Contract #24-682-33 with Victor Treatment Centers, Inc., a non-profit corporation, in an amount not to exceed $255,234, to provide outpatient residential treatment services to Seriously Emotionally Disturbed (SED) children, for the period from July 1, 2017 through June 30, 2018. This Contract includes a six-month automatic extension through December 31, 2018, in an amount not to exceed $127,617. FISCAL IMPACT: This Contract is funded 50% Federal Medi-Cal; 50% County Mental Health Realignment. (3% Cost of Living Adjustment) BACKGROUND: This Contract meets the social needs of County’s population by providing medication support, and other mental health services in a residential setting, to SED children at Contractor’s Santa Rosa, Stockton and Redding facilities. On July 19, 2016, the Board of Supervisors approved Contract #24-682-32 APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/11/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Cynthia Belon, 925-957-5201 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: L Walker, M Wilhelm C. 90 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:July 11, 2017 Contra Costa County Subject:Novation Contract #24-682-33 with Victor Treatment Centers, Inc. BACKGROUND: (CONT'D) with Victor Treatment Centers, Inc., for the period from July 1, 2016 through June 30, 2017, which included a six-month automatic extension through December 31, 2017, for the provision of residential treatment services to SED children. Approval of Novation Contract #24-682-33 replaces the automatic extension and will allow Contractor to continue providing residential treatment, medication support and other mental health services in a residential setting, through June 30, 2018. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, SED youth from Contra Costa County will not have adequate access to residential treatment facilities. CHILDREN'S IMPACT STATEMENT: This program supports the following Board of Supervisors’ community outcomes: “Children Ready For and Succeeding in School”; “Families that are Safe, Stable, and Nurturing”; and “Communities that are Safe and Provide a High Quality of Life for Children and Families”. Expected program outcomes include an increase in positive social and emotional development as measured by the Child and Adolescent Functional Assessment Scale (CAFAS). RECOMMENDATION(S): Approve and authorize the Health Services Director, or his designee, to execute, on behalf of the County, Novation Contract #74-128-19 with Charis Youth Center, a non-profit corporation, in an amount not to exceed $318,270, to provide mental health services, including Therapeutic Behavioral Services (TBS) for Seriously Emotionally Disturbed (SED) adolescents, for the period from July 1, 2017 through June 30, 2018. This Contract includes a six-month automatic extension through December 31, 2018, in an amount not to exceed $159,135. FISCAL IMPACT: This Contract is funded 50% Federal Medi-Cal and 50% Mental Health Realignment. (3% Cost of Living Adjustment) BACKGROUND: This Contract meets the social needs of County’s population in that it provides intensive and rehabilitative day treatment programs, including medication support and mental health services for wards of the Court, thus reducing these patients need for hospitalization. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/11/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Cynthia Belon, 925-957-5201 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: L Walker , M Wilhelm C. 91 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:July 11, 2017 Contra Costa County Subject:Novation Contract #74-128-19 with Charis Youth Center BACKGROUND: (CONT'D) On July 19, 2016, the Board of Supervisors approved Contract #74-128-18 with Charis Youth Center, for the period from July 1, 2016 through June 30, 2017, with a six-month automatic extension through December 31, 2017, for the provision of a day treatment program and TBS for SED adolescents. Approval of Novation Contract #74-128-19 will replace the automatic extension and allow Contractor to continue providing services, through June 30, 2018. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, SED adolescents will not have access to Contractor’s residential treatment program and TBS services, possibly necessitating placement in higher levels of care, as the County solicits and engages an alternative contractor. CHILDREN'S IMPACT STATEMENT: This program supports the following Board of Supervisors’ community outcomes: “Children Ready For and Succeeding in School”; “Families that are Safe, Stable, and Nurturing”; and “Communities that are Safe and Provide a High Quality of Life for Children and Families”. Expected program outcomes include an increase in positive social and emotional development as measured by the Child and Adolescent Functional Assessment Scale (CAFAS). RECOMMENDATION(S): Approve and authorize the Health Services Director, or his designee, to execute, on behalf of the County, Contract #74-470-3 with Arianne Ferguson, M.D., an individual, in an amount not to exceed $174,720, to provide outpatient psychiatric care for the period from September 1, 2017 through August 31, 2018. FISCAL IMPACT: This Contract is funded 100% Mental Health Realignment. (No rate increase) BACKGROUND: On July 19, 2016, the Board of Supervisors approved Contract #74-470-2 with Arianne Ferguson, M.D. for the provision of outpatient psychiatric care to adults in Central Contra Costa County, for the period from September 1, 2016 through August 31, 2017. Approval of Contract #74-470-3 will allow the Contractor to continue providing outpatient psychiatric care through August 31, 2018. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, County’s clients will not have access to Contractor’s psychiatric care services. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/11/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Cynthia Belon 925-957-5201 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: D Morgan, M Wilhelm C. 92 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:July 11, 2017 Contra Costa County Subject:Contract #74-470-3 with Arianne Ferguson, M.D. RECOMMENDATION(S): Approve and authorize the Health Services Director, or his designee, to execute, on behalf of the County, Novation Contract #74-376-8 with Center for Human Development, a non-profit corporation, in an amount not to exceed $142,129, to provide Mental Health Service Act (MHSA) Prevention and Early Intervention (PEI) Services for the period from July 1, 2017 through June 30, 2018. This Contract includes a six-month automatic extension through December 31, 2018, in an amount not to exceed $71,064. FISCAL IMPACT: This Contract is funded 100% by MHSA. (3% Cost of Living Adjustment) BACKGROUND: This Contract meets the social needs of County’s population by providing MHSA PEI services to underserved cultural communities and youth in East County including implementation of Contractor’s APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/11/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Cynthia Belon, 925-957-5201 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: L Walker , M Wilhelm C. 93 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:July 11, 2017 Contra Costa County Subject:Novation Contract #74-376-8 with Center for Human Development BACKGROUND: (CONT'D) African American Wellness Program and Empowerment Program. These programs will promote physical wellness and mental health in the African American community and emotional health and community connections among Lesbian, Gay, Bisexual, Transgendered, and Queer (LGBTQ) youth and their allies. On July 12, 2016, the Board of Supervisors approved Novation Contract #74-376-7 with Center for Human Development for the provision of MHSA PEI services, for the period July 1, 2016 through June 30, 2017, which included a six-month automatic extension through December 31, 2017. Approval of Novation Contract #74-376-8 replaces the automatic extension under the prior Contract and allows the Contractor to continue providing MHSA PEI services in East Contra Costa County, through June 30, 2018. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, there will be fewer mental health and wellness services available to underserved African American communities and LGBTQ youth in East County resulting in greater isolation within the community. CHILDREN'S IMPACT STATEMENT: This program supports the following Board of Supervisors’ community outcomes: “Children Ready For and Succeeding in School”; “Families that are Safe, Stable, and Nurturing”; and “Communities that are Safe and Provide a High Quality of Life for Children and Families”. Expected program outcomes include an increase in positive social and emotional development as measured by the Child and Adolescent Functional Assessment Scale (CAFAS). RECOMMENDATION(S): Approve and authorize the Health Services Director, or his designee, to execute, on behalf of the County, Contract Amendment Agreement #74-225-81(5) with Jacqueline James-Friedman, MFT, an individual, effective July 1, 2017, to increase the payment limit by $65,000, from $72,000 to a new payment limit of $137,000, with no change in the original term of July 1, 2016 through June 30, 2018. FISCAL IMPACT: This Contract is funded by 50% Federal Medi-Cal and 50% State Mental Health Realignment. (No rate increase) BACKGROUND: In November 2016, the County Administrator approved and the Purchasing Services Manager executed, Contract #74-225-81(4) with Jacqueline James-Friedman, MFT, for the period from July 1, 2016 through June 30, 2018, for the provision of Medi-Cal specialty mental health services. At the time of negotiations, the payment limit was based on target levels of utilization. However, the utilization during the term of the Contract was higher than originally anticipated. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/11/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Cynthia Belon, 925-957-5201 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Robert Curotto, Marcy Wilhelm C. 94 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:July 11, 2017 Contra Costa County Subject:Amendment #74-225-81(5) with Jacqueline James-Friedman, MFT BACKGROUND: (CONT'D) Approval of Contract Amendment Agreement #74-225-81(5) will allow the Contractor to provide additional mental health services through June 30, 2018. CONSEQUENCE OF NEGATIVE ACTION: If this amendment is not approved, services provided to Contra Costa Mental Health Plan Medi-Cal beneficiaries could be negatively impacted, including access to services, choice of providers, cultural competency, language capacity, geographical locations of service providers, and waiting lists. RECOMMENDATION(S): Approve and authorize the Health Services Director, or his designee, to execute, on behalf of the County, Contract Amendment Agreement #74-341-99(3) with Hugo Gonzales, MFT, an individual, effective July 1, 2017, to increase the payment limit by $85,000, from $200,000 to a new payment limit of $285,000, with no change in the original term of July 1, 2016 through June 30, 2018. FISCAL IMPACT: This Contract is funded by 50% Federal Medi-Cal and 50% State Mental Health Realignment. (No rate increase) BACKGROUND: In November 2016, the County Administrator approved and the Purchasing Services Manager executed, Contract #74-341-99(2) with Hugo Gonzales, MFT, for the period from July 1, 2016 through June 30, 2018, for the provision of Medi-Cal specialty mental health services. At the time of negotiations, the payment limit was based on target levels of utilization. However, the utilization during the term of the Contract was higher than originally anticipated. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/11/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Cynthia Belon, 925-957-5201 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Robert Curotto, Marcy Wilhelm C. 95 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:July 11, 2017 Contra Costa County Subject:Amendment #74-341-99(3) with Hugo Gonzales, MFT BACKGROUND: (CONT'D) Approval of Contract Amendment Agreement #74-341-99(3) will allow the Contractor to provide additional mental health services through June 30, 2018. CONSEQUENCE OF NEGATIVE ACTION: If this amendment is not approved, services provided to Contra Costa Mental Health Plan Medi-Cal beneficiaries could be negatively impacted, including access to services, choice of providers, cultural competency, language capacity, geographical locations of service providers, and waiting lists. RECOMMENDATION(S): APPROVE and AUTHORIZE the Sheriff-Coroner, or designee, to execute a Master Support Agreement with Tiburon Inc., in an amount not to exceed $228,772 for dispatch and records systems support for the period September 10, 2017 to September 9, 2018. FISCAL IMPACT: $228,772, FY 2017/18 budgeted expenditure. (100% County General Fund) BACKGROUND: Tiburon Inc. provides the Office of the Sheriff with computer aided dispatch (CAD) and record management (RMS) systems. The Master Support Agreement will renew support for these systems and the CopLogic reporting system that is integrated with CAD/RMS for the period September 10, 2017 to September 9, 2018. The CAD/RMS system is used by Sheriff’s dispatch to document calls for service and dispatch police and Sheriff's units to those calls. The system is also used by the records division to collect data required by the state. The support will allow the CAD and RMS systems to be up and running 24/7 and to provide emergency assistance if the system fails. CAD/RMS and mobile systems are mission critical applications to public safety. Without Tiburon Inc., APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/11/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS Contact: Sandra Brown, (925)335-1553 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: , Deputy cc: C. 96 To:Board of Supervisors From:David O. Livingston, Sheriff-Coroner Date:July 11, 2017 Contra Costa County Subject:Tiburon Inc. BACKGROUND: (CONT'D) supporting their products the Office of the Sheriff runs the risk of crashing these systems without the ability to fix it. In May 2000, the Board of Supervisors approved an Agreement with Tiburon, Inc., to purchase a license and services to upgrade the software for the Sheriff's Office 9-1-1 Dispatch and Records Management systems. The 9-1-1 CAD system is used by the Office of the Sheriffs Dispatch Center, and the RMS) is used by the entire Office of the Sheriff and the agencies that contract with the Sheriff's Office for law enforcement services. Tiburon Inc., provides the County with the software for the CAD system and RMS. This request will provide for systems maintenance and support for an additional year. CONSEQUENCE OF NEGATIVE ACTION: Negative action on this item would not allow the Office of the Sheriff to provide emergency assistance if the system fails. CHILDREN'S IMPACT STATEMENT: No impact. CLERK'S ADDENDUM RELISTED to July 18, 2017.  RECOMMENDATION(S): APPROVE and AUTHORIZE the Sheriff-Coroner, or designee, to execute a contract with Bay Area Chaplains, Inc., in an amount not to exceed $151,100 for chaplaincy services for the period July 1, 2017 through June 30, 2018. FISCAL IMPACT: $151,100; Budgeted, 100% Inmate Welfare Fund. BACKGROUND: The Bay Area Chaplains, Inc., provide clergy to meet the diverse spiritual needs of inmates and their families housed in the Office of the Sheriff's adult detention facilities in Contra Costa County. Clergy of all denominations provide counseling, religious materials and literature, bible studies, worship services, and respond to crisis and emergencies involving inmates or staff. CONSEQUENCE OF NEGATIVE ACTION: Chaplaincy services within the three adult detention facilities will discontinue after July 1, 2017. CHILDREN'S IMPACT STATEMENT: No impact. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/11/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Sandra Brown, 925-335-1553 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 97 To:Board of Supervisors From:David O. Livingston, Sheriff-Coroner Date:July 11, 2017 Contra Costa County Subject:CHAPLAIN SERVICES FOR ADULT DETENTION FACILITIES RECOMMENDATION(S): APPROVE and AUTHORIZE the County Probation Officer, or designee, to apply for and accept the Intensive Probation Supervision for High Risk Felony & Repeat DUI Offenders grant from the California Office of Traffic Safety, in an amount not to exceed $373,541, to provide intensive supervision of felony DUI probationers for the period of October 31, 2017 through September 30, 2018. FISCAL IMPACT: 100% State revenue in the amount of approximately $373,541, no County match. The grant will fund two, full-time Deputy Probation Officers, as well as training and equipment costs. BACKGROUND: This is an on-going project, first awarded to the Probation Department in 2006. This project enables the Probation Department to more effectively monitor DUI felons, using intensive supervision techniques, which significantly improves compliance, reduces recidivism and reduces the number of persons injured or killed in alcohol related collisions. CONSEQUENCE OF NEGATIVE ACTION: The Probation Department will be unable to apply for and accept the grant without approval of the Board of Supervisors. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/11/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Danielle Fokkema, 925-313-4195 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 98 To:Board of Supervisors From:Todd Billeci, County Probation Officer Date:July 11, 2017 Contra Costa County Subject:Intensive Probation Supervision for High Risk Felony & Repeat DUI Offenders CHILDREN'S IMPACT STATEMENT: Not applicable. RECOMMENDATION(S): APPROVE and AUTHORIZE the Purchasing Agent to execute, on behalf of the Sheriff-Coroner, a purchase order amendment with Hammons Supply Company, to increase the payment limit by $25,000 to a new payment limit of $190,000 for the purchase of miscellaneous custodial supplies and equipment repairs as needed at County adult detention facilities for the period June 1, 2016 through May 31, 2017. FISCAL IMPACT: $25,000. 100% General Fund; Budgeted. BACKGROUND: Hammons Supply Company provides miscellaneous janitorial products and equipment for the three Detention Facilities of Contra Costa County. This vendor offers lower pricing for specific custodial products, such as plastic liners, latex gloves and toilet paper when compared to major county suppliers such as Supply Works. They also have a local warehouse that accommodates quicker delivery and/or pick-up of supplies. The APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/11/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Liz Arbuckle, 925-335-1529 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Liz Arbuckle, Heike Anderson, Tim Ewell C. 99 To:Board of Supervisors From:David O. Livingston, Sheriff-Coroner Date:July 11, 2017 Contra Costa County Subject:Change Order - Hammons Supply Company BACKGROUND: (CONT'D) Office of the Sheriff requested, and the vendor supplied, products that exceeded the amount authorized. Because the vendor supplied the services in good faith at request of the Department, the Department is requesting an increase in the original purchase order to pay the vendor the amount owed. CONSEQUENCE OF NEGATIVE ACTION: The Sheriff's Office will be unable to amend the current purchase order. CHILDREN'S IMPACT STATEMENT: No impact. RECOMMENDATION(S): Approve and authorize the Health Services Director, or his designee, to execute, on behalf of the County, Contract #74-524-1 with Kermit Johnson, M.D., an individual, in an amount not to exceed $232,960, to provide outpatient psychiatric services for mentally ill adults in Central County for the period from August 1, 2017 through July 31, 2018. FISCAL IMPACT: This Contract is funded 100% Mental Health Realignment. (No rate increase) BACKGROUND: On August 9, 2016, the Board of Supervisors approved Contract #74-524 with Kermit Johnson, M.D., for the provision of outpatient psychiatric services, including but not limited to: diagnosing, counseling, evaluating, providing medical and therapeutic treatment for mentally ill adults in Central County for the period from August 15, 2016 through July 31, 2017. Approval of Contract #74-524-1 will allow the Contractor to continue to provide outpatient psychiatric services to patients in Central County through July 31, 2018. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/11/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Cynthia Belon, 925-957-5201 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: K Cyr, M Wilhelm C.100 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:July 11, 2017 Contra Costa County Subject:Contract #74-524-1 with Kermit Johnson, M.D. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, patients requiring outpatient psychiatric services will not have access to Contractor’s services. RECOMMENDATION(S): APPROVE and AUTHORIZE the Purchasing Agent to execute, on behalf of the Sheriff-Coroner, a purchase order with Dooley Enterprises, Inc., in the amount of $400,000 for the purchase of ammunition for the period of July 1, 2017 through June 30, 2019. FISCAL IMPACT: $400,000. 100% County General Fund; Budgeted in Fiscal Year 2017/18. BACKGROUND: For over 20 years the Office of the Sheriff has used Winchester ammunition in order to meet training and duty ammunition needs. The Office of the Sheriff recognizes that Winchester ammunition has proven to be the most reliable ammunition available on the market and has been contracting with Winchester's distributor Adamson Police Products for several years. Recently, Winchester advised the Office of the Sheriff that they had to change distributors in Northern California from Adamson Police Products to Dooley Enterprises. The Office of the Sheriff is hereby requesting a new purchase order with Dooley Enterprises as the new Winchester ammunition distributor to meet future training and duty ammunition demands. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/11/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Liz Arbuckle, (925)335-1529 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Liz Arbuckle, Liz Arbuckle, Tim Ewell C.101 To:Board of Supervisors From:David O. Livingston, Sheriff-Coroner Date:July 11, 2017 Contra Costa County Subject:Purchase Order - Dooley Enterprises, Inc. CONSEQUENCE OF NEGATIVE ACTION: Failure to approve this action will prevent the Office of the Sheriff from purchasing the most reliable training and duty ammunition available. CHILDREN'S IMPACT STATEMENT: No impact. RECOMMENDATION(S): Approve and authorize the Health Services Director, or his designee, to execute, on behalf of the County, Contract #26-670-7 with Oxford Immunotec, Inc., a corporation, in an amount not to exceed $30,000, including mutual indemnification, for the provision of outside clinical laboratory services for Contra Costa Regional Medical Center and Health Centers (CCRMC), for the period from June 1, 2017 through May 31, 2020. FISCAL IMPACT: This Contract is 100% funded Hospital Enterprise Fund I. (No rate increase) BACKGROUND: On August 16, 2016, the Board of Supervisors approved Contract #26-670-6 with Oxford Immunotec, Inc., for the provision of outside laboratory services for CCRMC patients, for the period from June 1, 2016 through May 2017. Approval of Contract #26-670-7 will allow the Contractor to provide outside clinical laboratory services, through May 31, 2020. This contract includes mutual indemnification. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/11/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Anna Roth, 925-370-5201 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: K Cyr, M Wilhelm C.102 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:July 11, 2017 Contra Costa County Subject:Contract #26-670-7 with Oxford Immunotec, Inc. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, patients requiring specialized laboratory testing at CCRMC will not have access to Contractor’s services. RECOMMENDATION(S): Approve and authorize the Health Services Director, or his designee, to execute, on behalf of the County, Novation Contract #22–940–18 with Public Health Foundation Enterprises, Inc., a non-profit corporation, in an amount not to exceed $273,878, to provide coordination and support to County’s Senior Nutrition Program, for the period from July 1, 2017 through June 30, 2018. This Contract includes a three-month automatic extension through September 30, 2018, in an amount not to exceed $68,470. FISCAL IMPACT: This Contract is funded 12% Federal Title III-C (1) of the Older Americans Act of 1965; 88% Federal Title III-C (2) of the Older Americans Act of 1965, through the Employment and Human Services Department. (No rate increase) BACKGROUND: This Contract meets the social needs of County’s population by providing management and staffing for County’s Senior Nutrition Program in East Contra Costa County, providing assistance in fundraising efforts in the private sector, and purchasing meals for homebound elders through the Countywide Meals on Wheels program. On June 14, 2016, the Board APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/11/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Dan Peddycord 925-313-6712 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: D Morgan, M Wilhelm C.103 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:July 11, 2017 Contra Costa County Subject:Novation Contract #22–940–18 with Public Health Foundation Enterprises, Inc. BACKGROUND: (CONT'D) of Supervisors approved Novation Contract #22–940–17 with Public Health Foundation Enterprises, Inc., for the period from July 1, 2016 through June 30, 2017, which included a three-month automatic extension through September 30, 2017, for coordination, supervision, and support to County’s Senior Nutrition Program. Approval of Novation Contract #22–940–18 replaces the automatic extension under the prior Contract and allows the Contractor to continue providing services through June 30, 2018. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, County’s senior citizens who rely on the Senior Nutrition Program for meals will not receive those meals. RECOMMENDATION(S): Approve and authorize the Health Services Director, or his designee, to execute, on behalf of the County, Contract Amendment Agreement #26-893-19, with Robert J. Lindsay, M.D., an individual, effective August 1, 2017, to amend Contract #26-893-18, to increase the payment limit by $231,000 from $1,050,000, to a new payment limit of $1,281,000, for the provision of additional hours of anesthesiology services, with no change in the original term of October 1, 2016 through September 30, 2019. FISCAL IMPACT: This amendment is funded 100% Hospital Enterprise Fund I. (No rate increase) BACKGROUND: On September 13, 2016, the Board of Supervisors approved Contract #26-893-18 with Robert J. Lindsay, M.D. for the provision of anesthesiology services including, but not limited to: consultation, training, medical procedures, and on-call coverage at Contra Costa Regional Medical and Contra Costa Health Centers (CCRMC), for the period from October 1, 2016 through September 30, 2019. Approval of Contract Amendment Agreement #26-893-19 will allow the Contractor to provide additional hours of anesthesiology services at CCRMC through September 30, 2019. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/11/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Samir Shah, M.D., 925-370-5525 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: K Cyr, M Wilhelm C.104 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:July 11, 2017 Contra Costa County Subject:Amendment #26-893-19 with Robert J. Lindsay, M.D. CONSEQUENCE OF NEGATIVE ACTION: If this amendment is not approved, patients requiring anesthesiology services at CCRMC will not have access to Contractor’s services. RECOMMENDATION(S): APPROVE and AUTHORIZE the County Administrator, or designee, to execute a contract amendment, effective June 30, 2017, with Rubicon Programs, Inc.to increase the payment limit by $131,250 to a new payment limit of $635,193 for the operation of the West County Reentry Success Center, and extend the term from June 30, 2017 to September 30, 2017. FISCAL IMPACT: $635,193: The contract is funded 100% with AB 109 Public Safety Realignment revenue. BACKGROUND: On January 13, 2017 the Community Corrections Partnership (CCP) Executive Committee approved a FY 2017-18 AB 109 Public Safety Realignment Budget for recommendation to the Board of Supervisors. The Recommended Budget included $4,867,201 for "AB 109 Community Programs." On May 5, 2017 the CCP authorized $75,000 of carry-forward funds from FY 2016-17 to FY 2017-18 to support implementation of a shared data system to be used by reentry service providers in each region of the County. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/11/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: L. DeLaney, 925-335-1097 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C.105 To:Board of Supervisors From:David Twa, County Administrator Date:July 11, 2017 Contra Costa County Subject:Contract Extension - Rubicon Programs: West County Reentry Success Center BACKGROUND: (CONT'D) > On June 20, 2017 the Board of Supervisors authorized $4,210,000 of the "Community Programs" revenue for the renewal of contracts with existing service providers who were awarded contracts through various RFP/Q processes in 2016 and were performing satisfactorily. To comply with County policy regarding multi-year contracts and the requirement to undertake regular procurement processes, on May, 25, 2017, the Office of Reentry & Justice (ORJ) conducted a Request for Interest (RFI) process for the balance of the AB 109 Community Program contracts that had not been rebid for three years. Contracts for the Central-East County Reentry Network services were offered at up to $185,000 (RFI # 1705-223). The contract for the establishment and operation of the West County Reentry Resource Center (presently known as the "Reentry Success Center") was offered at up to $540,000 (RFI # 1705-224). Multiple organizations expressed interest in providing the services outlined in the RFIs and met the minimum qualifications for the provision of reentry services. The ORJ will now seek more detailed proposals from the interested agencies through an RFP process. Subsequent to the review of the proposals to establish and operate a West County Reentry Resource Center and after recommendation and approval of the Center operator, the ORJ will develop a contract with the successful applicant for the period of October 1, 2017 through June 30, 2018. Until the ORJ completes this solicitation and selection process, the contract with Rubicon Programs, Inc., the current contractor, will be amended and extended for three months. The ORJ will apply $131,250 of the FY 2017-18 allocation for the Center operation to increase the payment limit of the current contract with Rubicon Programs, and extend the term through September 30, 2017, in order to continue services until a new contract is awarded. CONSEQUENCE OF NEGATIVE ACTION: Support Services for AB 109 reentry residents will not be available in West County. RECOMMENDATION(S): APPROVE and AUTHORIZE the Public Works Director, or designee, to execute Amendment No. 1 to the Consulting Services Agreement effective July 11, 2017, with Hawley, Peterson & Snyder, Architects, to increase the payment limit by $400,000 to a new payment limit of $900,000, and to extend the termination date to April 26, 2019, to continue to provide as-needed architectural services for various facilities projects, Countywide. FISCAL IMPACT: 100% various funds. Projects will be assigned to Hawley, Peterson & Snyder, Architects when there is an approved project and funding. BACKGROUND: On April 26, 2016, the Board of Supervisors approved an as-needed Consulting Services Agreement with Hawley, Peterson & Snyder, Architects (“HPS”) in the APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/11/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Ramesh Kanzaria, (925) 313-2000 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C.106 To:Board of Supervisors From:Julia R. Bueren, Public Works Director/Chief Engineer Date:July 11, 2017 Contra Costa County Subject:Approve and Authorize Amendment No.1 to Consulting Services Agreement with Hawley, Peterson & Snyder, Architects for As-Needed Architectural Services BACKGROUND: (CONT'D) amount of $500,000. HPS is performing architectural services on the ongoing West County Health Center Expansion project, including possible re-design, and other possible healthcare projects at the Contra Costa Regional Medical Center. The contract payment limit of $500,000 has nearly been reached. Amendment No. 1 is necessary to provide for the additional costs associated with the completion of design services, including bidding and permit phases, County Building Inspection plan check/permitting, and construction administration for these ongoing projects. HPS is familiar with these active projects, and the design and construction of typical building type and health care facilities; therefore, it is recommended that the contract amendment be awarded at this time. The additional funds made available to pay HPS will be used for additional projects which include remodels, tenant improvements, additions, modernization, mechanical, electrical, and plumbing upgrades, and code-related improvements. Projects may also include investigations, studies, and reports. Some of the anticipated projects include those identified in the County's FLIP projects under the recent budget allocation for capital projects and deferred maintenance. Having this as-needed agreement in place will allow the design phase to commence sooner and provide for a shorter project completion schedule. CONSEQUENCE OF NEGATIVE ACTION: If this amendment is not approved, projects currently in process will be delayed, which will ultimately result in higher project costs. RECOMMENDATION(S): APPROVE and AUTHORIZE the Conservation and Development Director, or designee, to execute an amendment to the Interagency Agreement with the City of Richmond to extend the term from June 30, 2017 through December 31, 2017, with no change to the current payment limit of $1,080,055, to facilitate the City’s continued use of jointly-administered North Richmond Mitigation Fee (NRMF) funding to implement services and programs authorized in the City/County-approved expenditure plans and co-staff the NRMF Committee. FISCAL IMPACT: There is no impact to the General Fund. All costs associated with this Interagency Agreement are paid for with NRMF funding received by the County and jointly administered by the County and the City of Richmond in accordance with the Memorandum of Understanding between the City and County. BACKGROUND: The North Richmond Waste and Recovery Mitigation Fee (NRMF) was established by the City of Richmond and Contra Costa County in 2004. NRMF funding is subject to the joint-control of the City and County. This Mitigation Fee, which is to be used for the benefit of the North Richmond community, was originally specified as a Mitigation Measure in an Environmental Impact Report for the expansion of the Bulk Material Processing Center approved by the City and County as a means of addressing illegal dumping impacts. The requirement to collect this Mitigation Fee is included as Conditions of Approval in the County and City issued Use Permits, which allowed Republic Services to expand its waste processing operations at the Bulk Material Processing Center located at the APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/11/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Demian Hardman, (925) 674-7826 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C.107 To:Board of Supervisors From:John Kopchik, Director, Conservation & Development Department Date:July 11, 2017 Contra Costa County Subject:Amend Interagency Agreement between the City of Richmond & Contra Costa County for Joint Administration of North Richmond Mitigation Fee funding BACKGROUND: (CONT'D) closed West Contra Costa Sanitary Landfill site in North Richmond. In 2006, Republic Services began collecting the NRMF and paying collected fees directly to the County on a per ton basis. The City and County entered into a Memorandum of Understanding (MOU) in 2004 agreeing to establish a City/County Committee (known as the North Richmond Waste & Recovery Mitigation Fee Joint Expenditure Planning Committee) to prepare recommended spending plans subject to final City/County approvals, as the means of jointly administering this funding. These recommended spending plans are known as "Expenditure Plans", which must be approved by both the City Council and Board of Supervisors. The most recent Expenditure Plan was approved by the County on June 20, 2017 and is expected to be approved by the City on July 11, 2017 for the 2017/2018 fiscal year, as recommended by the NRMF Committee in May. The first Interagency Agreement between the City and County initially went into effect on January 16, 2007 and was amended four times. A new Interagency Agreement with a contract limit of $1,080,055 took effect on June 30, 2015 which was estimated to be adequate to allow the County to share the proportion of NRMF revenue needed to cover the City’s costs associated with the City's share of Expenditure Plan implementation and Committee co-staffing for the period through June 30, 2017. There is still an adequate amount of funding remaining under this Agreement to warrant an amendment that will extend the term for an additional six month period through December 31, 2017. CONSEQUENCE OF NEGATIVE ACTION: The County would not be able to reimburse the City of Richmond for their share of costs incurred for jointly administering the implementation of North Richmond Mitigation Fee funded services and programs authorized under the Expenditure Plans approved by the Richmond City Council and the County Board of Supervisors. RECOMMENDATION(S): Approve and authorize the Purchasing Agent, on behalf of the Health Services Department, to execute a Purchase Order with the Office of the Statewide Health Planning and Development, in the amount of $140,326 for the payment of the Hospital /Long Term Care Special Assessment Fee Fiscal Year 2017/2018, for the Contra Costa Regional Medical Center. This Special Assessment Fee is based on the Annual Disclosure Report for the report period July 1, 2015 through June 30, 2016. FISCAL IMPACT: 100% funding is included in the Hospital Enterprise Fund I budget. BACKGROUND: Health and Safety Code Section 127280, requires health facilities to pay the annual special fee assessment to the Office of the Statewide Health Planning and Development. The fee provides funding for the Office’s health planning functions and health facility data collection and disclosure activities. The assessment rate for the Hospital for the 2017/2018 fiscal year is .027 %. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/11/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Patrick Godley, 925-957-5405 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: tscott, Marcy Wilhelm, Jose Reyes C.108 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:July 11, 2017 Contra Costa County Subject:Purchase Order with Office of the Statewide Health Planning and Development CONSEQUENCE OF NEGATIVE ACTION: If this Purchase Order is not approved, it could result in the withholding of the CCRMC’s license as provided by Health and Safety Code Section 127280 (i) (2). RECOMMENDATION(S): Approve and authorize the Purchasing Agent, on behalf of the Health Services Department, to execute a Purchase Order with Bio-Rad Laboratories, Inc., in the amount not to exceed $160,000, to purchase reagents and supplies for the chemistry, urinalysis and microbiology units, and the Variant II Turbo System at the Contra Costa Regional Medical Center (CCRMC), for the period from July 1, 2017 through June 30, 2018. FISCAL IMPACT: 100% Funding is included in the Hospital Enterprise Fund I Budget. BACKGROUND: The CCRMC Clinical Laboratory uses Bio-Rad Laboratories, Inc., reagents, various controls, and methicillin resistant staphylococcus aureus (MRSA) media, supplies for the chemistry, urinalysis and microbiology department as well as reagents and supplies for the Variant II Turbo Systems. These are used to perform tests on patients for various conditions and to check for infections. CONSEQUENCE OF NEGATIVE ACTION: If this purchase order is not approved, the CCRMC Clinical Laboratory will not be able to perform patient testing, thus impacting patient safety and health. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/11/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Anna Roth, 925-370-5101 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Tasha Scott, Marcy Wilhelm, Margaret Harris C.109 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:July 11, 2017 Contra Costa County Subject:Purchase Order with Bio-Rad Laboratories, Inc. RECOMMENDATION(S): Approve and authorize the Purchasing Agent, on behalf of the Health Services Department, to execute a Purchase Order with Leica Microsystems, Inc., in the amount not to exceed $480,000, to purchase reagents and supplies for the Pathology Department at the Contra Costa Regional Medical Center (CCRMC), for the period from August 1, 2017 to July 31, 2022. FISCAL IMPACT: 100% Funding is included in the Hospital Enterprise Fund I budget. BACKGROUND: The CCRMC Clinical Laboratory uses Leica Microsystems, Inc. reagents and supplies for tests to be performed on the Bond Max, along with printer and cover-slipper. Without these items immunohistochemically stain tests cannot be performed to differentiate the different kinds of cancers that help pathologists determine an accurate diagnosis of the tissue. CONSEQUENCE OF NEGATIVE ACTION: If this Purchase Order is not approved, the CCRMC Pathology Department will not be able to perform the detailed level of patient testing necessary to treat patients in a timely manner, thus potentially impacting patient safety and health. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/11/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Anna Roth, 925-370-5101 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: tscott, M Wilhelm, Margaret Harris C.110 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:July 11, 2017 Contra Costa County Subject:Purchase Order with Leica Microsystems, Inc. RECOMMENDATION(S): APPROVE and AUTHORIZE the Sheriff-Coroner, or designee, to execute a Hardware and associated Software Agreement with 3M Cogent, Inc., in an amount not to exceed, $120,000 for the purchase of 75 BlueCheck II Mobile ID Devices. FISCAL IMPACT: No County Cost. $120,000 from CAL ID Funds BACKGROUND: The California Identification System (Cal-ID) is the automated system maintained by the California Department of Justice (DOJ) for retaining fingerprint files and identifying latent fingerprints. One dollar from each vehicle registered to an address within the County is used to fund programs that enhance the capacity of local law enforcement to provide automated mobile and fixed location fingerprint identification of individuals involved in motor vehicle crimes. The DOJ has established the Remote Access Network (RAN), which is a uniform statewide network of equipment and procedures allowing local law enforcement agencies direct access to the Cal-ID System. The County acts as the local RAN board to determine the placement of RAN equipment within the County, and coordinates the acceptance, delivery, and installation of RAN equipment. Acting as the local RAN APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/11/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Sandra Brown 925-335-1553 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C.111 To:Board of Supervisors From:David O. Livingston, Sheriff-Coroner Date:July 11, 2017 Contra Costa County Subject:3M Cogent Incorporated BACKGROUND: (CONT'D) board, mobile fingerprint identification hardware has been distributed to local law enforcement agencies within the County pursuant to the criteria specified in the Penal Code. Under the proposed contract, additional mobile fingerprint devices and associated on-board software will be purchased so that local law enforcement agencies can connect to the Cal-ID system while in the field. The 3M Cogent Inc., Mobile Identification (Mobile ID) solution provides a system that manages the transactions of mobile fingerprint captures from the field. The system manages searches of the local Automated Fingerprint Identification System (AFIS) as well as the California Department of Justices’ (Cal-DOJ) AFIS and Federal Bureau of Investigations’ (FBI) Repository for Individuals of Special Concern (RISC) databases. The BlueCheck mobile identification devices and on-board software bring the power of a full-scale AFIS to officers’ hands while in the field for all agencies within Contra Costa, to provide fast, accurate identity verification, arrest records, and warrant information on subjects contacted in the field. CONSEQUENCE OF NEGATIVE ACTION: If the Office of the Sheriff is not allowed to contract with 3M Cogent Inc., for the additional seventy-five (75) Mobile ID BlueCheck device, many officers will not have access to quick, accurate and up to date information on subjects while out in the field. The additional devices will equip more vehicles that the current number of devices do not cover. This may lead to the release of subjects in the field that should be put into custody. CHILDREN'S IMPACT STATEMENT: No impact. RECOMMENDATION(S): Approve and authorize the Health Services Director, or his designee, to execute, on behalf of the County, Contract #23-218-16 with Firstsource Solutions USA, LLC, a limited liability company, in an amount not to exceed $500,000, to provide consulting and technical assistance for Medi-Cal eligibility, collection issues, and administrative appeals for inpatient and outpatient Medi-Cal claims, for the period from July 1, 2017 through June 30, 2018. FISCAL IMPACT: This Contract is funded 100% Hospital Enterprise Fund I. (No rate increase) BACKGROUND: On June 21, 2016, the Board of Supervisors approved Contract #23-218-15 with Firstsource Solutions USA, LLC, for the provision of assisting patients in becoming eligible for State and Federal funding for coverage initiative services, financial consulting services on Medi-Cal eligibility, claims, and administrative appeals for the period from July 1, 2016 through June 30, 2017. Approval of Contract #23–218–16 will allow Contractor to continue to provide services through June 30, 2018. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/11/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Patrick Godley, 925-957-5405 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: K Cyr, M Wilhelm C.112 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:July 11, 2017 Contra Costa County Subject:Contract #23-218-16 with Firstsource Solutions USA, LLC CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, County will not receive financial consulting services with regard to Medi-Cal eligibility, claims and administrative appeals. RECOMMENDATION(S): APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to execute a contract amendment with Youth Homes Incorporated, effective June 30, 2017, to increase the payment limit by $50,000 to a new payment limit of $250,000 to provide group home placement services to foster youth and extend the term from June 30, 2017 to a new term ending September 30, 2017. (70% State; 30% County) FISCAL IMPACT: $250,000: 70% State, 30% County BACKGROUND: Youth Homes Incorporated operates two Group Homes in Contra Costa County. Children and Family Services (CFS) has had a prior contractual agreement with Youth Homes Incorporated to operate our Emergency Group Home Shelters for foster youth needing emergency high level placements. They provide additional services not provided by other group homes such as special education, supervised family visits, and drug abuse/anger management treatment groups. Youth Homes Incorporated will provide Continuous Quality Improvement (CQI) reports every 6 months to Employment and Human Services Department (EHSD) staff and will have a 65% to 70% success rate in discharging clients within an EHSD Social Worker approved treatment plan such as family reunification, moving to a foster home, and/or moving to a long term higher level of care. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/11/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: V. Kaplan, 3-1514 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C.113 To:Board of Supervisors From:Kathy Gallagher, Employment & Human Services Director Date:July 11, 2017 Contra Costa County Subject:Amend Youth Homes Incorporated for Emergency Placement Services for Youth CONSEQUENCE OF NEGATIVE ACTION: Group Home Placement services may not be available to Foster Youth. CHILDREN'S IMPACT STATEMENT: This contract supports all five community outcomes established in the Children's Report Card: (1) "Children Ready for and Succeeding in School"; (2) "Children and Youth Healthy and Preparing for Productive Adulthood"; (3) "Families that are Economically Self Sufficient"; (4) "Families that are Safe, Stable and Nurturing"; and (5) "Communities that are Safe and Provide a High Quality of Life for Children and Families," by providing safe housing and support to assist youth while transitioning from foster care to independent living. RECOMMENDATION(S): APPROVE and AUTHORIZE the County Administrator or designee to execute a contract amendment with PRI Management Group, Inc., to extend the term from July 31, 2017 through June 30, 2018 and increase the payment limit by $33,005 to a new payment limit of $181,030 to provide additional project management and technical consultation for the project to replace the County's automated warrant system. FISCAL IMPACT: The cost of the contract is funded through a penalty assessment on failure to appear/failure to pay on Vehicle Code violations. The penalty assessment raises about $150,000 per year and was meant to be supplemented, if necessary, by city and county contributions in order to operate a countywide coordinated system. The penalty assessment is restricted to the development and maintenance of warrant information systems and was prompted by a statewide recognition of the outstanding warrant problem and the need for warrant reform. The system manages court-ordered warrants, and failure to appear warrants, and provides the ability to print warrant reports and abstracts (permission to arrest). The funds are budgeted in Department 0260 and there is sufficient accumulated balance to cover the contract cost. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/11/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Julie DiMaggio Enea (925) 335-1077 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C.114 To:Board of Supervisors From:David Twa, County Administrator Date:July 11, 2017 Contra Costa County Subject:CONTRACT AMENDMENT FOR PROJECT MANAGEMENT AND TECHNICAL CONSULTATION FOR AUTOMATED WARRANT SYSTEM REPLACEMENT PROJECT BACKGROUND: Contra Costa County seeks to replace its legacy Justice Automated Warrant System (JAWS). The JAW’s IBM AS400 system 2009 hardware and software will reach the end of its production life cycle on September 30th. The County Administrator is seeking a replacement warrant management system (WMS), which must be highly-available, web-based, multi-user, and in a CJIS hosted environment. The proposed WMS must provide the ability to restrict editing of warrant data by agency. More than 25 local law enforcement and justice agencies rely daily on the availability and performance of the WMS. The County Administrator's Office engaged a Project Manager and IT Consultant to assist with this project. PRI Management Group is a management consultancy specializing solely in law enforcement records management and IT services. PRI has been in business since 2008 and has provided training and/or consulting solutions to over 1300 agencies. One of the three experts to be assigned to the County's project has direct knowledge of, and experience with, the JAWS. In order to complete project, we have determined that additional tasks and hours of consultation and technical assistance will be required. We are, therefore, recommending an extension of the contract term through June 30, 2018 and an increase to the payment limit of $33,005. CONSEQUENCE OF NEGATIVE ACTION: Should the Board elect not to approve the contract, the County Administrator will not have the requisite expert resources to support the system replacement project. Failure to replace the aging system will jeopardize the availability of the warrant system to all local law enforcement agencies. RECOMMENDATION(S): Approve and authorize the Health Services Director, or his designee, to execute, on behalf of the County, Contract #77-026-1 with KCI USA, Inc., a corporation, in an amount not to exceed $600,000, to provide durable medical equipment services for Contra Costa Health Plan (CCHP) members, for the period from July 1, 2017 through June 30, 2020. FISCAL IMPACT: This Contract is funded 100% Contra Costa Health Plan Enterprise Fund II. (No rate increase) BACKGROUND: Under Contract #77-026-1, the Contractor will provide durable medical equipment services to Contra Costa Health Plan members through June 30, 2020. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, Contra Costa Health Plan members will not receive the benefits of receiving durable medical equipment services from the Contractor. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/11/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Patricia Tanquary (925) 313-6004 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: A Floyd, M Wilhelm C.115 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:July 11, 2017 Contra Costa County Subject:Contract #77-026-1 with KCI USA, Inc. RECOMMENDATION(S): Approve and authorize the Health Services Director, or his designee, to execute, on behalf of the County, Contract #27-978-1 with Christian Kirman, M.D., Inc. (DBA Muir Aesthetic and Reconstructive Surgery), a corporation, in an amount not to exceed $300,000, to provide plastic surgery services for Contra Costa Health Plan members, for the period from July 1, 2017 through June 30, 2019. FISCAL IMPACT: This Contract is funded 100% Contra Costa Health Plan Enterprise Fund II. (No rate increase) BACKGROUND: In July 2015, the County Administrator approved, and the Purchasing Services Manager executed, Contract #27-978 with Christian Kirman, M.D., Inc., for the provision of plastic surgery services for Contra Costa Health Plan members, for the period from July 1, 2015 through June 30, 2017. Approval of Contract #27-978-1 will allow Christian Kirman, M.D. Inc. (DBA Muir Aesthetic and Reconstructive Surgery), to continue providing plastic surgery services through June 30, 2019. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/11/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Patricia Tanquary (925) 313-6004 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: A Floyd , M Wilhelm C.116 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:July 11, 2017 Contra Costa County Subject:Contract #27-978-1 with Christian Kirman, M.D. Inc., (DBA Muir Aesthetic and Reconstructive Surgery) CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, the Contra Costa Health Plan Management Team will not receive the benefits of plastic surgery services from this contractor. RECOMMENDATION(S): Approve and authorize the Health Services Director, or his designee, to execute, on behalf of the County, Contract #77-100 with East Bay ABA Group, LLC, a Limited Liability Company, in an amount not to exceed $300,000, to provide applied behavior analysis services for Contra Costa Health Plan (CCHP) members for the period from September 1, 2017 through August 31, 2019. FISCAL IMPACT: This Contract is funded 100% Contra Costa Health Plan Enterprise Fund II. BACKGROUND: Under Contract #77-100, the Contractor will provide applied behavior analysis services to CCHP members for the period from September 1, 2017 through August 31, 2019. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, Contra Costa Health Plan members will not receive the benefits of applied behavior analysis services from the Contractor. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/11/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Patricia Tanquary (925) 313-6004 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: A Floyd, M Wilhelm C.117 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:July 11, 2017 Contra Costa County Subject:Contract #77-100 with East Bay ABA Group, LLC. RECOMMENDATION(S): Approve and authorize the Health Services Director, or his designee, to execute Contract #23-620 with Truven Health Analytics LLC, in an amount not to exceed $160,039, and related supplements for Quality Management software subscriptions to support Meaningful Use guidelines, for the period January 1, 2017 through December 31, 2019. FISCAL IMPACT: This Contract is funded 100% Hospital Enterprise Fund I. BACKGROUND: Health Services Department will use Contractor’s Meaningful Use Quality Manager and CareDiscovery Quality Measures applications to meet reporting requirements including The Joint Commission (TJC) electronic quality reporting options, and E measures that meets The Centers for Medicare and Medicaid Services (CMS) reporting requirements. Truven provides an integrated application that supports Federal reporting requirements to meet Meaningful Use guidelines. This tool is already in place with our Epic (ccLink) system. Under Contract #23-620, the Contractor will provide services through December APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/11/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: David Runt, 925-313-6228 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Tasha Scott, Marcy Wilhelm C.118 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:July 11, 2017 Contra Costa County Subject:Contract #23-620 with Truven Health Analytics, Inc. BACKGROUND: (CONT'D) 31, 2019. The Subscription Agreement obligates the County to indemnify the contractor for claims arising out of County data stored by vendor, and third party claims that the application caused damages. CONSEQUENCE OF NEGATIVE ACTION: Failure to implement this product would result in non-compliance with reporting requirements, as well as loss of millions in reimbursement dollars in Meaningful Use grant money. Continued support regarding the highly specialized consulting and computer programming expertise provided by the Contractor. RECOMMENDATION(S): Approve and authorize the Health Services Director, or his designee, to execute, on behalf of the County, Contract #26-661-8 with Planned Parenthood, Shasta Diablo, Inc., a corporation, in an amount not to exceed $1,214,000, for the provision of prenatal services for Contra Costa Regional Medical Center and Health Centers patients, for the period from July 1, 2017 through June 30, 2018. FISCAL IMPACT: This Contract is funded 100% Hospital Enterprise Fund I. (No rate increase) BACKGROUND: On August 9, 2016, the Board of Supervisors approved Contract #26-661-7 with Planned Parenthood, Shasta Diablo, Inc. to provide, upon request of the County’s Health Services Director or his designee, its licensed and certified personnel to perform prenatal services to Contra Costa Regional Medical Center and Health Center (CCRMC) patients at County’s leased clinic facilities located in Concord, Richmond and Antioch, for the period from July 1, 2016 through June 30, 2017. Approval of Contract APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/11/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Patrick Godley (925) 957-5410 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: D Morgan, M Wilhelm C.119 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:July 11, 2017 Contra Costa County Subject:Contract #26-661-8 with Planned Parenthood, Shasta Diablo, Inc. BACKGROUND: (CONT'D) #26-661-8 will allow Contractor to continue to provide prenatal services to CCRMC patients at County’s leased clinic facilities located in Concord, Richmond and Antioch through June 30, 2018, including changes to County’s standard indemnification language of the General Conditions. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved Contractor will be unable to provide services to a significant number of low income women in the county who would either be without services or directed to County health services sites. RECOMMENDATION(S): Approve and authorize the Health Services Director, or his designee, to execute, on behalf of the County, Contract #23-563-3 with JWG Consulting, LLC, a limited liability company, in an amount not to exceed $580,000, to provide consulting, training and technical assistance services to the Department’s Information Systems Unit, for the period from July 1, 2017 through June 30, 2019. FISCAL IMPACT: This Contract is funded 100% Hospital Enterprise Fund I. (No rate increase) BACKGROUND: On January 6, 2015, the Board of Supervisors approved Contract #23-563 (as amended by Amendment Extension Agreement #23-563-1 and Amendment #23-563-2) with JWG Consulting, LLC for the provision of consulting services including, but not limited to: technical, operational support and training on Patient Financial Services, for the Health Services Department Information Systems Unit for the period from January 1, 2015 through June 30, 2017. Approval of Contract #23-563-3 will allow the Contractor to continue to provide consulting services on Patient Financial Systems for the Information Services Unit through June 30, 2019. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/11/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: David Runt, 925-335-8700 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: K Cyr, M Wilhelm C.120 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:July 11, 2017 Contra Costa County Subject:Contract #23-563-3 with JWG Consulting, LLC CONSEQUENCE OF NEGATIVE ACTION: If this Contract is not approved, the Information Systems Unit will not have access to Contractor’s consulting services. RECOMMENDATION(S): Approve and authorize the Health Services Director, or his designee, to execute, on behalf of the County, Contract #23-559-5 with KPJ Consulting, LLC, a limited liability company, in an amount not to exceed $303,000, to provide consulting and technical assistance for the Electronic Medical Records Systems to the Department’s Information Systems Unit, for the period from July 1, 2017 through June 30, 2018. FISCAL IMPACT: This Contract is funded 100% Hospital Enterprise Fund I. (Rate increase) BACKGROUND: On June 5, 2015, the Board of Supervisors approved Contract #23-559-1 (as amended by Amendment Agreement #23-559-2 and Amendment/Extension Agreement #23-559-3) with KPJ Consulting, LLC, to provide consulting and technical assistance to the Department’s Information Systems Director for the Electronic Medical Records Systems including, but not limited to: reporting, data analytics, business intelligence and training, for the period from July 1, 2015 through June 30, 2017. Approval of Contract #23-559-5 will allow the Contractor to continue providing services through June 30, 2018. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/11/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: David J Runt, 925-335-8700 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: K Cyr, m Wilhelm C.121 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:July 11, 2017 Contra Costa County Subject:Contract #23-559-5 with KPJ Consulting, LLC CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, the Information Systems Unit will have access to Contractor’s services RECOMMENDATION(S): Approve and authorize the Health Services Director, or his designee, to execute, on behalf of the County, Contract #26-563-10 with Total Renal Care, Inc., a corporation, in an amount not to exceed $321,634, to provide blood treatment services including dialysis therapies for inmates at the Martinez Adult Detention Facility, for the period from July 1, 2017 through June 30, 2019. FISCAL IMPACT: This contract is funded 100% Hospital Enterprise Fund I. (Rate increase) BACKGROUND: Historically, blood services have been very complicated to obtain for inmates at the County’s Martinez Adult Detention Facility, compromising the health of seriously ill inmates. This contract will allow inmates to receive blood services at the Martinez Detention Facility at a cost approximately 60% less than transporting inmates to outside vendors. This Contractor has been providing services to the County since 2006. On August 2, 2011, the Board of Supervisors approved Contract #26-563-5 (as APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/11/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Anna Roth, 925-370-5101 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: K Cyr, M Wilhelm C.122 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:July 11, 2017 Contra Costa County Subject:Contract #26-563-10 with Total Renal Care, Inc. BACKGROUND: (CONT'D) amended by Amendment Agreement #23-563-6 through #23-563-9) with Total Renal Care, Inc., to provide blood services including, dialysis therapies for inmates at the Martinez Detention Facility for the period from July 1, 2011 through June 30, 2017. Approval of Contract #26-563-10 will allow the Contractor to continue providing blood services, through June 30, 2019. This Contract includes mutual indemnification. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, County inmates will not to receive blood treatment services at Martinez Detention Center from this Contractor. RECOMMENDATION(S): APPROVE and AUTHORIZE the Purchasing Agent, on behalf of the Health Services Department, to execute a Purchase Order with Dimension Data in the amount of $167,047 for annual maintenance and support of the EMC storage and Avamar data backup system for the Epic Electronic Health Records System, for the period from July 1, 2017 through June 30, 2018. FISCAL IMPACT: 100% funding is included in the Hospital Enterprise Fund I budget. BACKGROUND: The Contra Costa Health Services Department uses the EMC storage and Avamar backup system to hold data for the Epic Electronic Health Records System. To continue backing up and storing Epic data, Health Services is required to continue its annual maintenance and support of the EMC storage and Avamar data backup system. Approval will allow the vendor to provide services through June 30, 2018. The Dimension Data Terms and Conditions of Sale require the APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/11/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: David Runt, 925-313-6220 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Tasha Scott, Marcy Wilhelm, Renee Nunez C.123 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:July 11, 2017 Contra Costa County Subject:Purchase Order with Dimension Data for EMC Avamar Hardware Maintenance Renewal BACKGROUND: (CONT'D) County to defend and indemnify Dimension Data against a claim that any material or information supplied by the County infringes on an intellectual property right or copyright. CONSEQUENCE OF NEGATIVE ACTION: Failure to renew maintenance support would directly impact patient care. RECOMMENDATION(S): Approve and authorize the Purchasing Agent, on behalf of the Health Services Department, to execute a Purchase Order with the Echo Group, Inc., in an amount not to exceed $120,000, for InSyst/PSP software and hardware maintenance for the Behavioral Health Mental Health and Alcohol and Other Drugs Services divisions, for the period July 1, 2017 through December 31, 2017. FISCAL IMPACT: Funding is 95% Mental Health Realignment and $5% General Fund. BACKGROUND: Since 1999, the Behavioral Health Services Division has used the Echo Group’s InSyst/PSP system to process the Health Services Department’s Mental Health and Alcohol and Other Drugs Services client registrations, services charges, billing accounts receivable, fiscal reporting, and scheduling functions. The County owns a perpetual license for the InSyst/PSP System. Approval will allow the vendor to provide maintenance through December 31, 2017 at which time InSyst maintenance will be covered under ShareCare maintenance Contract #23-274-12 effective January 1, 2018. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/11/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: David Runt, 925-313-6220 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Tasha Scott, Marcy Wilhelm, Renee Nunez C.124 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:July 11, 2017 Contra Costa County Subject:Purchase Order renewal with the Echo Group, Inc. for InSyst/PSP Software and Hardware Maintenance CONSEQUENCE OF NEGATIVE ACTION: If this Purchase Order is not approved, the vendor support for the InSyst/PSP system would cease, and Health Services would be unable to obtain application software upgrades and/or regulatory system modifications. The integrity of service data posted and claims generated from within the system for adjudication by third party payors and the State could be compromised. Failure to renew maintenance support would directly impact patient care. RECOMMENDATION(S): Approve and authorize the Health Services Director, or his designee, to execute, on behalf of the County, Contract #74-271-65(11) with Judith McIntyre, MFT, an individual, in an amount not to exceed $200,000, to provide Medi-Cal specialty mental health services, for the period from July 1, 2017 through June 30, 2019. FISCAL IMPACT: This Contract is funded by 50% Federal Medi-Cal and 50% State Mental Health Realignment. (No rate increase) BACKGROUND: On January 14, 1997, the Board of Supervisors adopted Resolution #97/17, authorizing the Health Services Director to contract with the State Department of Mental Health (now known as the Department of Health Care Services), to assume responsibility for Medi-Cal specialty mental health services. Responsibility for outpatient specialty mental health services involves contracts with individual, group and organizational providers to deliver these services. On October 6, 2015, the Board of Supervisors approved Contract #74-271-65(9), as amended by Administrative Amendment #74-271-65(10), with Judith APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/11/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Cynthia Belon 925-957-5201 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Robert Curotto, Marcy Wilhelm C.125 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:July 11, 2017 Contra Costa County Subject:Contract #74-271-65(11) with Judith McIntyre, MFT BACKGROUND: (CONT'D) McIntyre, MFT, for the provision of Medi-Cal specialty mental health services, for the period from July 1, 2015 through June 30, 2017. Approval of Contract #74-271-65(11) will allow Contractor to continue providing mental health services through June 30, 2019. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, services provided to Contra Costa Mental Health Plan Medi-Cal beneficiaries could be negatively impacted, including access to services, choice of providers, cultural competency, language capacity, geographical locations of service providers, and waiting lists. RECOMMENDATION(S): Approve and authorize the Purchasing Agent, on behalf of the Health Services Department, to execute a Purchase Order with the California Department of Public Health, Genetic Disease Branch, in an amount not exceed $275,000, for the testing of newborn genetic screening tests at the Contra Costa Regional Medical Center (CCRMC), for the period of July 1, 2017 through June 30, 2018. FISCAL IMPACT: 100% funding is included in the Hospital Enterprise Fund I Budget. BACKGROUND: The California Department of Public Health requires that the CCRMC performs genetic screening tests on all newborn babies born at the CCRMC. The state supplies the guidelines, forms, and supplies for this testing. This testing ensures that at-risk newborns are diagnosed as soon as possible so that they may be treated. CONSEQUENCE OF NEGATIVE ACTION: If this Purchase Order is not approved, the CCRMC Clinical Laboratory will not be able to perform patient testing required by the State of California. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/11/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Anna Roth, 925-370-5100 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Tasha Scott, Marcy Wilhelm, Margaret Harris C.126 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:July 11, 2017 Contra Costa County Subject:Purchase Order with the California Department of Public Health, Genetic Disease RECOMMENDATION(S): Approve and authorize the Health Services Director, or his designee, to execute, on behalf of the County, Contract #26-347-31 with Cross Country Staffing, Inc., a corporation, in an amount not to exceed $5,000,000, to provide temporary medical and specialty staffing services at Contra Costa Regional Medical Center and Contra Costa Health Centers (CCRMC), for the period from July 1, 2017 through June 30, 2018. FISCAL IMPACT: This Contract is funded 100% Hospital Enterprise Fund I. (Rate increase) BACKGROUND: On April 26, 2016, the Board of Supervisors approved Contract #26-347-27 (as amended by Amendment Agreements #26-347-28 and #26-347-29), with Cross Country Staffing, Inc., for the provision of temporary medical staffing services including registered nursing, Sexual Assault Nurse Examiner (SANE) nursing, therapy, radiology, and pharmacy services at CCRMC for the period from July 1, 2016 through June 30, 2017. Due to previous and ongoing Union negotiations the Department is splitting Teamsters Local APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/11/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Anna Roth, 925-370-5101 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: K Cyr, M Wilhelm C.127 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:July 11, 2017 Contra Costa County Subject:Contract #26-347-31 with Cross Country Staffing, Inc. BACKGROUND: (CONT'D) 856 classifications and non-Teamster classifications into two different contracts. This contract request does not include classifications represented by Teamsters. Approval of Contract #26-347-31 will allow Contractor to continue providing temporary medical and specialty staffing services not represented by Teamsters Local 856 classifications through June 30, 2018. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, patients requiring medical services at CCRMC will not have access to Contractor’s services. RECOMMENDATION(S): Approve and authorize the Health Services Director, or his designee, to execute Contract #76-588 with Cross Country Staffing, Inc., a corporation, in an amount not to exceed $4,300,000, for the provision of temporary medical staff at Contra Costa Regional Medical Center and Health Centers (CCRMC) for the period from July 1, 2017 through March 31, 2018. FISCAL IMPACT: This contract is funded 100% Hospital Enterprise Fund I. (No rate increase) BACKGROUND: On April 26, 2016, the Board of Supervisors approved Contract #26-347-27 (as amended by Amendment Agreements #26-347-28 and #26-347-29), with Cross Country Staffing, Inc., for the provision of temporary medical staffing services including registered nursing, Sexual Assault Nurse Examiner (SANE) nursing, therapy, radiology, and pharmacy services at CCRMC for the period from July 1, 2016 through March 31, 2017. This contract is for specialized services that are also performed by employees represented APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/11/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Anna Roth, 925-370-5101 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: K Cyr, M Wilhelm C.128 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:July 11, 2017 Contra Costa County Subject:Contract #76-588 with Cross Country Staffing, Inc. BACKGROUND: (CONT'D) by Teamsters Local 856. The County and Teamsters successfully concluded the meet and confer process related to this contract. Approval of Contract #76-588 will authorize the Department’s continued use of this Contractor’s medical and therapeutic services that are critical for the operation of CCRMC for the period from July 1, 2017 through March 31, 2018. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, patients requiring medical services at CCRMC will not have access to Contractor’s services. RECOMMENDATION(S): APPROVE clarification of Board Action of June 20, 2017 (Item C.98), which authorized the Health Services Director to execute a contract with the City of Antioch for congregate meal services for the County’s Senior Nutrition Program for the period July 1, 2017 through June 30, 2018, to clarify the agreement is not a non-financial agreement and includes an amount payable to the County not to exceed $26,500 with a three-month automatic extension in an amount not to exceed $6,250 through September 30, 2018. FISCAL IMPACT: Agency will pay County the voluntary contributions it receives from participating seniors, after it has paid its authorized expenses, in an amount not to exceed $26,500. No County match is required. BACKGROUND: On June 20, 2017, the Board of Supervisors approved Contract #28-540-22 with the City of Antioch, for the provision of congregate meal services for County’s Senior Nutrition Program, for the period from July 1, 2017 through June 30, 2018, which includes a three-month automatic extension through September 30, 2018. The Contractor will provide an average of 85 meals APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/11/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Dan Peddycord, 925-313-6712 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: D Morgan, M Wilhelm C.129 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:July 11, 2017 Contra Costa County Subject:Correct June 20, 2017 Board Order Item #C.98 with the City of Antioch BACKGROUND: (CONT'D) per day, five days per week, at the Antioch Senior Center. This contract includes modifications to County’s standard indemnification and confidentiality clauses. The purpose of this Board Order is to clarify that there is an amount payable to the County not to exceed $26,500, as the Contractor may receive voluntary contributions from participating seniors. The amount payable to the County is determined by the balance of any contributions through June 30, 2018, after the contractor's authorized expenses are paid. CONSEQUENCE OF NEGATIVE ACTION: If this correction is not approved, County may not receive voluntary contributions of participants from County’s Senior Nutrition Program. RECOMMENDATION(S): Approve and authorize the Health Services Director, or his designee, to execute, on behalf of the County, Novation Contract #74–051–25 with STAND! For Families Free of Violence, a non-profit corporation, in an amount not to exceed $1,464,042, to provide mental health services including respite, mentoring services and emergency placement for County referred children and their families, for the period from July 1, 2017 through June 30, 2018. This Contract includes a six-month automatic extension through December 31, 2018 in an amount not to exceed $732,021. FISCAL IMPACT: This Contract is funded 50% Federal Medi-Cal; 50% State Early and Periodic Screening and Treatment (EPSDT). (3% Cost of Living Adjustment) BACKGROUND: On July 19, 2016, the Board of Supervisors approved Novation Contract #74-051-24 with STAND! For Families Free of Violence, for the period from July 1, 2016 through June 30, 2017, which included a six-month automatic extension through December 31, 2017, for the provision of mental health services including, respite, mentoring services and emergency placement to County APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/11/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Cynthia Belon, 925-957-5201 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: E Suisala, M Wilhelm C.130 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:July 11, 2017 Contra Costa County Subject:Novation Contract #74–051–25 with STAND! For Families Free of Violence BACKGROUND: (CONT'D) referred-clients. Approval of Novation Contract #74–051–25 replaces the automatic extension under the prior contract and allows Contractor to continue providing mental health services, through June 30, 2018. CONSEQUENCE OF NEGATIVE ACTION: If this Contract is not approved, children who have been discharged from hospitals or have failed in other placements will not have access to Contractor’s Mental Health services resulting in increased family stress and more out-of-home placements. CHILDREN'S IMPACT STATEMENT: These programs support the following Board of Supervisors’ community outcomes: “Children Ready For and Succeeding in School”; “Families that are Safe, Stable, and Nurturing”; and “Communities that are Safe and Provide a High Quality of Life for Children and Families”. Expected program outcomes include an increase in positive social and emotional development as measured by the Child and Adolescent Functional Assessment Scale (CAFAS). RECOMMENDATION(S): Approve and authorize the Health Services Director, or his designee, to execute, on behalf of the County, Novation Contract #74–362–8 with STAND! For Families Free of Violence, a non-profit corporation, in an amount not to exceed $130,207, to provide Mental Health Services Act (MHSA) Prevention and Early Intervention (PEI) services for the period from July 1, 2017 through June 30, 2018. This Contract includes a six-month automatic extension through December 31, 2018, in an amount not to exceed $65,103. FISCAL IMPACT: This Contract is funded 100% Mental Health Services Act. (3% Cost of Living Adjustment) BACKGROUND: On July 12, 2016, the Board of Supervisors approved Novation Contract #74–362-7 with STAND! For Families Free of Violence, for the period from July 1, 2016 through June 30, 2017, which included a six-month automatic extension through December 31, 2017, for the provision of MHSA PEI services. Approval of Novation Contract #74–362–8 replaces the automatic extension under the prior Contract and allows the Contractor to continue providing services through June 30, 2018. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/11/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Cynthia Belon 925-957-5201 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: E Suisala C.131 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:July 11, 2017 Contra Costa County Subject:Novation Contract #74–362–8 with STAND! For Families Free of Violence CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, youth who are at-risk of experiencing violence and those who have experienced violence within their homes or dating relationships will not receive prevention and early intervention services from this Contractor. CHILDREN'S IMPACT STATEMENT: This MHSA-PEI program supports the following Board of Supervisors’ community outcomes: “Families that are Safe, Stable, and Nurturing”; and “Communities that are Safe and Provide a High Quality of Life for Children and Families”. Expected program outcomes include youth experiencing, or at-risk of, teen dating violence will demonstrate an increased knowledge about the difference between healthy and unhealthy teen dating relationships; an increase sense of belonging to positive peer groups; an enhanced understanding that violence doesn’t have to be “normal” and an increased knowledge of their rights and responsibilities in a dating relationship. RECOMMENDATION(S): Approve and authorize the Purchasing Agent on behalf of the Health Services Department, to execute (1) an Amendment to Purchase Order F005800 with Citrix Systems, Inc., dated October 4, 2106, adjusting the end of the coverage period from the previous end date of September 30, 2017 to October 30, 2017, with no changes in the amount of the Purchase Order, and (2) a Purchase Order with Citrix Systems Inc., in an amount not to exceed $292,551, for purchase of Citrix Subscription Advantage, software support, and appliance maintenance for the period October 31, 2017 through October 30, 2018. FISCAL IMPACT: 100% funding is included in the Hospital Enterprise Fund I Budget. BACKGROUND: The Epic Electronic Health Record (EHR) system requires the use of Citrix Terminal Services. Citrix software allows the Health Services Department staff access to the Epic EHR system. Citrix also improves remote access to the Epic EHR for the Contra Costa Regional Medical Center on-call clinical staff. Health Services needs to renew Citrix Subscription Advantage support, appliance maintenance, extended hours support, and technical relations manager support. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/11/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: David Runt, 925-313-6228 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Tasha Scott, Marcy Wilhelm, Renee Nunez C.132 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:July 11, 2017 Contra Costa County Subject:Purchase Order with Citrix Systems, Inc. CONSEQUENCE OF NEGATIVE ACTION: Without a current maintenance and technical agreement, Contra Costa Health Services would not be able to receive support in the event of a software or technical issue. RECOMMENDATION(S): Approve and authorize the Health Services Director, or his designee, to execute, on behalf of the County, Contract Amendment/Extension Agreement #77-003-2 with Brighter Beginnings , a non-profit corporation, effective July 1, 2017, to amend Contract #77-003-1, to increase the payment limit by $61,824, from $92,736, to a new payment limit of $154,560, and extend the termination date from December 31, 2017 to December 31, 2018. FISCAL IMPACT: This Contract is funded 100% by Contra Costa Cares Program (33% CCHP Community Enterprise Fund III; 17% County General Fund; 50% local hospitals match). (No rate increase) BACKGROUND: In November 2015, the County Administrator approved, and the Purchasing Services Manager executed Contract #77-003, as amended by Amendment/Extension Agreement #77-003-1, with Brighter Beginnings, for the provision of primary care medical services for the Contra Costa Cares Program for the period from November 1, 2015 through April 30, 2017. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/11/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Patricia Tanquary, 925-313-6004 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: L Walker , M Wilhelm C.133 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:July 11, 2017 Contra Costa County Subject:Amendment/Extension #77-003-2 with Brighter Beginnings BACKGROUND: (CONT'D) Approval of Contract #77-003-2 will allow Contractor to continue providing primary care services to Contra Costa Cares Program participants, through December 31, 2018. CONSEQUENCE OF NEGATIVE ACTION: If this amendment is not approved, low income, uninsured families would not have access to primary care services in Contra Costa County. CHILDREN'S IMPACT STATEMENT: This program supports the following Board of Supervisors’ community outcomes: “Families that are Safe, Stable, and Nurturing”; and “Communities that are Safe and Provide a High Quality of Life for Children and Families”. Expected program outcomes include an increase in positive social and emotional development as measured by the Child and Adolescent Functional Assessment Scale (CAFAS). RECOMMENDATION(S): Approve and authorize the Health Services Director, or his designee, to execute, on behalf of the County, Contract #74–286–16 with Crestwood Behavioral Health, Inc., a corporation, in an amount not to exceed $1,366,383, to provide mental health services to severely and persistently mentally ill (SPMI) adults, for the period from July 1, 2017 through June 30, 2018. FISCAL IMPACT: This Contract is funded 44% Federal Medi-Cal; 26% State Mental Health Services Act (MHSA); 30% Mental Health Realignment. (Rate increase) BACKGROUND: This Contract meets the social needs of County’s population by providing transitional residential treatment, rehabilitative services, medication support, and mental health services to SPMI adult clients at its Crestwood Healing Center. On October 25, 2016, the Board of Supervisors approved Contract #74–286–15 with Crestwood Behavioral Health, Inc., for the period from October 1, 2016 through June 30, 2017, for the provision of day treatment and mental health services to SPMI adults. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/11/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Cynthia Belon, 925-957-5201 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: E Suisala, M Wilhelm C.134 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:July 11, 2017 Contra Costa County Subject:Contract #74–286–16 with Crestwood Behavioral Health, Inc. BACKGROUND: (CONT'D) Approval of Contract #74–286–16 will allow the Contractor to continue providing services through June 30, 2018. This Contract includes mutual indemnification to hold harmless both parties for any claims arising out of the performance of this contract. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, County’s SPMI clients will have reduced access to the mental health treatment services that they require. RECOMMENDATION(S): Approve and authorize the Health Services Director, or his designee, to execute, on behalf of the County, Contract #24–933–35 with Crestwood Behavioral Health, Inc., a corporation, in an amount not to exceed $7,383,000, to provide subacute skilled nursing care services, for the period from July 1, 2017 through June 30, 2018. FISCAL IMPACT: This Contract is funded 91% Mental Health Realignment; 9% Mental Health Services Act. (Rate increase) BACKGROUND: This Contract meets the social needs of County’s population in that it provides subacute skilled nursing care services for County’s Seriously and Persistently Mentally Ill (SPMI) and neurobehavioral clients. On July 9, 2016, the Board of Supervisors approved Contract #24-933-34 with Crestwood Behavioral Health, Inc., for the period from July 1, 2016 through June 30, 2017 for the provision of subacute skilled nursing care for SPMI and Neurobehavioral clients. Approval of Contract #24-933-35 allows the Contractor to continue APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/11/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Cynthia Belon, 925-957-5201 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: E Suisala, M Wilhelm C.135 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:July 11, 2017 Contra Costa County Subject:Contract #24–933–35 with Crestwood Behavioral Health, Inc. BACKGROUND: (CONT'D) providing services through June 30, 2018. This Contract includes mutual indemnification to hold harmless both parties for any claims arising out of the performance of this contract. CONSEQUENCE OF NEGATIVE ACTION: The Behavioral Health Services Division/Mental Health places clients at Contractor's facilities licensed for various levels of care. If the contract is not approved, a significant number of mentally ill young adults and adults may be displaced to the community without the mental health services they require. RECOMMENDATION(S): Approve and authorize the Health Services Director, or his designee, to execute, on behalf of the County, Contract #25-066-10 with Shelter, Inc. of Contra Costa County, a non-profit corporation, in an amount not to exceed $1,430,869, to provide supportive housing services for homeless families, for the period from July 1, 2017 through June 30, 2018. FISCAL IMPACT: This Contract is funded 100% Employment and Human Services Department. (No rate increase) BACKGROUND: This Contract meets the social needs of County’s population by providing support services to Contra Costa County families that are homeless, including case management, benefits advocacy, employment services, job training and education services, and short–term rental assistance. On September 13, 2016, the Board of Supervisors approved Contract #25-066-9 with Shelter, Inc. of Contra Costa County, for the period from July 1, 2016 through June 30, 2017, for the provision of supportive housing services for homeless families. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/11/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Lavonna Martin, 925-313-7704 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: L Walker , M Wilhelm C.136 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:July 11, 2017 Contra Costa County Subject:Contract #25-066-10 with Shelter, Inc. of Contra Costa County BACKGROUND: (CONT'D) Approval of Contract #25-066-10 will allow Contractor to continue providing supportive housing services to Contra Costa County homeless families through June 30, 2018. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, homeless families in Contra Costa County will not receive the housing assistance services provided by Contractor. CHILDREN'S IMPACT STATEMENT: This program supports the following Board of Supervisors’ community outcomes: “Families that are Safe, Stable, and Nurturing”; and “Communities that are Safe and Provide a High Quality of Life for Children and Families”. Expected program outcomes include an increase in positive social and emotional development as measured by the Child and Adolescent Functional Assessment Scale (CAFAS). RECOMMENDATION(S): Approve and authorize the Health Services Director, or his designee, to execute, on behalf of the County, Novation Contract #74-353-8 with Lifelong Medical Care, a non-profit corporation, in an amount not to exceed $126,977, to provide Mental Health Services Act (MHSA) Prevention and Early Intervention (PEI) services, for the period from July 1, 2017 through June 30, 2018. This Contract includes a six-month automatic extension through December 31, 2018, in an amount not to exceed $63,488. FISCAL IMPACT: This Contract is funded 100% Mental Health Services Act. (3% Cost of Living Adjustment) BACKGROUND: This Contract meets the social needs of County’s population by providing opportunities for social engagement and linkage to mental health and social services to isolated older adults in West Contra Costa County. On July 12, 2016, the Board of Supervisors approved Contract #74–353-7 with Lifelong Medical Care, for the period from July 1, 2016 through June 30, 2017, which included a six-month automatic extension through December 31, 2017, for the provision of MHSA PEI services. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/11/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Cynthia Belon, 925-957-5201 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: L Walker, M Wilhelm C.137 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:July 11, 2017 Contra Costa County Subject:Novation Contract #74-353-8 with Lifelong Medical Care BACKGROUND: (CONT'D) Approval of Novation Contract #74–353–8 replaces the automatic extension under the prior Contract and allows the Contractor to continue providing services through June 30, 2018. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, isolated older adults in West Contra Costa County will receive fewer resources available for social engagement and linkage to mental health and social services. RECOMMENDATION(S): Approve and authorize the Health Services Director, or his designee, to execute a Master Purchase Agreement and related Order Form with FairWarning Inc., in an amount not to exceed $222,637 for the purchase of licenses, software, support and implementation for the period of July 11, 2017 through November 30, 2020. FISCAL IMPACT: 100% funding is included in the Hospital Enterprise Fund I budget. BACKGROUND: The Health Services Department (HSD) Information Technology (IT) unit is maturing the organization from a security perspective so that it is better able to report and respond to unauthorized use of the EPIC system. The vendor's Privacy Intelligence application analyzes data from Epic and runs security reports for inappropriate use or access of Epic, and allows us to determine if someone is looking at medical records without proper authorization. HSD IT will gain the ability to report this out of our central console which is not available in Epic, because it doesn’t exist in Epic. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/11/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: David Runt, 925-313-6228 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Tasha Scott, Marcy Wilhelm, Renee Nunez C.138 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:July 11, 2017 Contra Costa County Subject:Master Purchase Agreement with FairWarning, Inc. for System Security Software and Services CONSEQUENCE OF NEGATIVE ACTION: If this Purchase Order is not approved, the Department will not be able to implement the privacy intelligence technologies available with regard to the Epic Project. RECOMMENDATION(S): Approve and authorize the Health Services Director, or his designee, to execute, on behalf of the County, Novation Contract #74-363-8 with La Clínica de La Raza, Inc., a non-profit corporation, in an amount not to exceed $272,386, to provide Mental Health Services Act (MHSA) Prevention and Early Intervention (PEI) services, for the period from July 1, 2017 through June 30, 2018. This Contract includes a six-month automatic extension through December 31, 2018 in an amount not to exceed $136,193. FISCAL IMPACT: This Contract is funded 100% Mental Health Services Act. (3% Cost of Living Adjustment) BACKGROUND: This Contract meets the social needs of County’s population by providing Latinos residing in Central and East Contra Costa County with screenings for risk factors, such as symptoms of depression, anxiety, substance abuse, reactions to trauma, domestic violence, sleep difficulties, and pain; and by providing education and support to Latino parents and caregivers so that they can support the strong development of their children and youth. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/11/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Cynthia Belon, 925-957-5201 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: L Walker , M Wilhelm C.139 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:July 11, 2017 Contra Costa County Subject:Novation Contract #74-363-8 with La Clínica de La Raza, Inc. BACKGROUND: (CONT'D) On July 19, 2016, the Board of Supervisors approved Novation Contract #74–363-7 with La Clínica de La Raza, Inc., for the period from July 1, 2016 through June 30, 2017, which included a six-month automatic extension through December 31, 2017, for the provision of MHSA PEI services. Approval of Novation Contract #74–363–8 replaces the automatic extension under the prior Contract and allows the Contractor to continue providing services through June 30, 2018. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, County will not receive mental health risk factor screening for children and adults, behavioral health intervention, and psycho-educational and parenting groups from this Contractor. CHILDREN'S IMPACT STATEMENT: This MHSA PEI program supports the following Board of Supervisors’ community outcomes: “Families that are Safe, Stable, and Nurturing”; and “Communities that are Safe and Provide a High Quality of Life for Children and Families”. Expected program outcomes include an increase in positive social and emotional development as measured by the Child and Adolescent Functional Assessment Scale (CAFAS). RECOMMENDATION(S): Approve and authorize the Health Services Director, or his designee, to execute, on behalf of the County, Novation Contract #74–369–8 with Native American Health Center, Inc., a non-profit corporation, in an amount not to exceed $234,789, to provide Mental Health Services Act (MHSA) Prevention and Early Intervention (PEI) services, for the period from July 1, 2017 through June 30, 2018. This Contract includes a six-month automatic extension through December 31, 2018, in an amount not to exceed $117,395. FISCAL IMPACT: This Contract is funded 100% Mental Health Services. (3% Cost of Living Adjustment) BACKGROUND: This Contract meets the social needs of County’s population by conducting community-building activities, including scheduled weekly group sessions and quarterly community events for youth, adults, and elders in Richmond. On September 13, 2016, the Board of Supervisors approved Novation Contract #74–369–7 with Native American Health Center, Inc., for the period from July 1, 2016 through June 30, 2017, which included a six-month automatic extension through December 31, 2017, for the provision of MHSA PEI services. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/11/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Cynthia Belon, 925-957-5201 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: L Walker , M Wilhelm C.140 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:July 11, 2017 Contra Costa County Subject:Novation Contract #74–369–8 with Native American Health Center, Inc. BACKGROUND: (CONT'D) Approval of Novation Contract #74–369–8 replaces the automatic extension under the prior Contract and allows the Contractor to continue providing services, through June 30, 2018. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, Contra Costa County residents will not continue receiving MHSA assistance provided by the program including prevention and early intervention services. CHILDREN'S IMPACT STATEMENT: This program supports the following Board of Supervisors’ community outcomes: “Children Ready For and Succeeding in School”; “Families that are Safe, Stable, and Nurturing”; and “Communities that are Safe and Provide a High Quality of Life for Children and Families”. Expected program outcomes include an increase in positive social and emotional development as measured by the Child and Adolescent Functional Assessment Scale (CAFAS). RECOMMENDATION(S): Approve and authorize the Purchasing Agent, on behalf of the Health Services Department, to execute a Blanket Purchase Order with Bio-Rad Laboratories, Inc., in an amount not to exceed $370,000 to purchase reagents and supplies for the D-100 Hemoglobin Testing System at the Contra Costa Regional Medical Center (CCRMC), for the period from July 1, 2017 through June 30, 2022. FISCAL IMPACT: 100% Funding is included in the Hospital Enterprise Fund I budget. BACKGROUND: The CCRMC Clinical Laboratory uses Bio-Rad Laboratories, Inc. for reagents, various controls, media and supplies for the D-100 Hemoglobin Testing System, which tests for iron deficiency and polycythemia. It is also used for hemoglobin A1C testing in patients with diabetes. CONSEQUENCE OF NEGATIVE ACTION: If this Purchase Order is not approved, the CCRMC Clinical Laboratory will not be able to perform patient testing, thus impacting patient safety and health. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/11/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Anna Roth, 925-370-5101 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Tasha Scott, Marcy Wilhelm, Margaret Harris C.141 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:July 11, 2017 Contra Costa County Subject:Purchase Order with Bio-Rad Laboratories, Inc. RECOMMENDATION(S): Approve and authorize the Health Services Director, or his designee, to execute, on behalf of the County, Novation Contract #74-399-8 with Contra Costa Interfaith Transitional Housing, Inc., a non-profit corporation, in an amount not to exceed $271,450, to provide community-based mental health services for Seriously Emotionally Disturbed (SED) youth, for the period from July 1, 2017 through June 30, 2018. This Contract includes a six-month automatic extension through December 31, 2018, in an amount not to exceed $135,725. FISCAL IMPACT: This Contract is funded 50% Federal Medi-Cal; 50% Mental Health Realignment. (Rate increase) BACKGROUND: On June 21, 2016, the Board of Supervisors approved Novation Contract #74-399-6, as amended by Amendment Agreement #74-399-7, with Contra Costa Interfaith Transitional Housing, Inc., for the period from July 1, 2016 through June 30, 2017, which included a six-month automatic extension through December 31, 2017, for the provision of community-based mental health services. Approval of Novation Contract #74-399-8, replaces the automatic extension under the prior Contract allowing the Contractor to continue providing services through June 30, 2018. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/11/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Cynthia Belon, 925-957-5201 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: L Walker , M Wilhelm C.142 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:July 11, 2017 Contra Costa County Subject:Novation Contract #74-399-8 with Contra Costa Interfaith Transitional Housing, Inc. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, emotionally disturbed youth will have reduced access to the mental health services provided by Contractor, including individual, group and family therapy; case management; and crisis intervention services. CHILDREN'S IMPACT STATEMENT: This program supports the following Board of Supervisors’ community outcomes: “Children Ready For and Succeeding in School”; “Families that are Safe, Stable, and Nurturing”; and “Communities that are Safe and Provide a High Quality of Life for Children and Families”. Expected program outcomes include an increase in positive social and emotional development as measured by the Child and Adolescent Functional Assessment Scale (CAFAS). RECOMMENDATION(S): Approve and authorize the Health Services Director, or his designee, to execute, on behalf of the County, Novation Contract #74-523-1 with Counseling Options & Parent Education, Inc. (C.O.P.E.), a non-profit corporation, in an amount not to exceed $238,702, to provide Triple-P parent education classes and practitioner trainings, for the period from July 1, 2017 through June 30, 2018. This Contract includes a six-month automatic extension through December 31, 2018, in an amount not to exceed $119,351. FISCAL IMPACT: This Contract is funded 100% Mental Health Service Act. (3% Cost of Living Adjustment) BACKGROUND: This Contract meets the social needs of County’s population by providing Triple P parent education programming to at-risk families in order to help parents develop better coping skills and improve family communication. Contractor shall also provide trainings and certification services to maintain a qualified pool of practitioners within Contra Costa County. On July 19, 2016, the Board of Supervisors APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/11/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Cynthia Belon, 925-957-5201 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: L Walker, M Wilhelm C.143 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:July 11, 2017 Contra Costa County Subject:Novation Contract # 74-523-1 with Counseling Options & Parent Education, Inc. (C.O.P.E.) BACKGROUND: (CONT'D) approved Contract #74-523 with Counseling Options & Parent Education, Inc. (C.O.P.E.), for the provision of Triple-P parent education classes and practitioner trainings, for the period from July 1, 2016 through June 30, 2017, which included a six-month automatic extension through December 31, 2017. Approval of Novation Contract #74-523-1 replaces the automatic extension under the prior Contract and allows the Contractor to continue providing services through June 30, 2018. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, at-risk families will have reduced access to parent education programming and qualified Triple-P practitioners, resulting in reduced levels of service to the community. CHILDREN'S IMPACT STATEMENT: This program supports the following Board of Supervisors’ community outcomes: “Children Ready For and Succeeding in School”; “Families that are Safe, Stable, and Nurturing”; and “Communities that are Safe and Provide a High Quality of Life for Children and Families”. Expected program outcomes include an increase in positive social and emotional development as measured by the Child and Adolescent Functional Assessment Scale (CAFAS). RECOMMENDATION(S): Approve and authorize the Health Services Director, or his designee, to execute, on behalf of the County, Novation Contract #24–705–62 with We Care Services for Children, a non-profit corporation, in an amount not to exceed $1,833,024, to provide wrap-around and other mental health services, including in-home behavioral therapy and intensive care coordination for high risk, delayed or severely emotionally disturbed children (SED), for the period from July 1, 2017 through June 30, 2018. This Contract includes a six-month automatic extension through December 31, 2018, in an amount not to exceed $916,512. FISCAL IMPACT: This Contract is funded 50% Federal Medi-Cal; 50% County Realignment. (3% Cost of Living Adjustment) BACKGROUND: On June 21, 2016 the Board of Supervisors approved Novation Contract #24–705–61 with We Care Services for Children, for the period from July 1, 2016 through June 30, 2017, which included a six-month automatic extension through December 31, 2017, for the provision of wrap-around and mental health services for high risk, delayed or SED children. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/11/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Cynthia Belon, 925-957-5201 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: L Walker , M Wilhelm C.144 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:July 11, 2017 Contra Costa County Subject:Novation Contract #24–705–62 with We Care Services for Children BACKGROUND: (CONT'D) Approval of Novation Contract #24-705-62, replaces the automatic extension under the prior Contract allowing the Contractor to continue providing services through June 30, 2018. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, high risk, delayed or SED children within Contra Costa County will have reduced access to mental health services. CHILDREN'S IMPACT STATEMENT: This program supports the following Board of Supervisors’ community outcomes: “Children Ready For and Succeeding in School”; “Families that are Safe, Stable, and Nurturing”; and “Communities that are Safe and Provide a High Quality of Life for Children and Families”. Expected program outcomes include an increase in positive social and emotional development as measured by the Child and Adolescent Functional Assessment Scale (CAFAS). RECOMMENDATION(S): APPROVE and AUTHORIZE the County Administrator, or designee, to execute a contract amendment with Industrial Employers and Distributor's Association (IEDA), effective June 30, 2017, to increase the payment limit by $61,375.05 to a new payment limit of $753,244.05 to continue providing Labor negotiations and support services, and to extend the term of the agreement from June 30, 2017 to September 30, 2017. FISCAL IMPACT: The contract payment limit increase of $61,375.05, for services IEDA will provide during the period of July 1, 2017 through September 30, 2017, will be funded initially by the General Fund and subsequently spread to other funds through the Cost Plan. BACKGROUND: The County Administrator's Office is requesting to amend and extend this contract on a short term basis so that the County can continue to work with IEDA for labor relations and negotiation services during the transition to the County's new labor relations and negotiation services provider Liebert Cassidy Whitmore. IEDA has represented APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/11/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Jeff Bailey, Labor Relations Manager (925) 335-1017 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Jeff Bailey, Labor Relations Manager, Sharon L. Anderson, County Counsel C.145 To:Board of Supervisors From:David Twa, County Administrator Date:July 11, 2017 Contra Costa County Subject:Contract Amendment with IEDA for Labor Negotiations and Support Services BACKGROUND: (CONT'D) > Contra Costa County in labor relations matters for many years and augments the County’s Labor Relations staff. IEDA has long term, historical knowledge of the policies, practices and intricacies of the County and its operating departments and is instrumental in negotiations. CONSEQUENCE OF NEGATIVE ACTION: If this action is not approved, the County's ability to negotiate with our recognized employee organizations will be significantly impaired. RECOMMENDATION(S): Approve and authorize the Health Services Director, or his designee, to execute, on behalf of the County, Novation Contract #74-031-23 with Summitview Child and Family Services, Inc., a non-profit corporation, in an amount not to exceed $159,136, to provide rehabilitative day treatment, medication support and mental health treatment services for Seriously Emotionally Disturbed (SED) adolescents, for the period from July 1, 2017 through June 30, 2018. This Contract includes a six-month automatic extension through December 31, 2018, in an amount not to exceed $79,568. FISCAL IMPACT: This Contract is funded 50% Federal Medi-Cal and 50% Mental Health Realignment. (3% Cost of Living Adjustment) BACKGROUND: This Contract meets the social needs of County’s population by providing residential day treatment services including: rehabilitative day treatment, medication support, and mental health services to Medi-Cal eligible, SED adolescents. On July 12, 2016, the Board of Supervisors approved Novation Contract #74-031-22 with Summitview Child and Family Services, Inc., for the period from July 1, 2016 through June 30, 2017, which included a six-month automatic extension through December 31, 2017, for the provision of rehabilitative day treatment, medication support and mental health treatment. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/11/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Cynthia Belon, 925-957-5201 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: L Walker, M Wilhelm C.146 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:July 11, 2017 Contra Costa County Subject:Novation Contract #74-031-23 with Summitview Child and Family Services, Inc. BACKGROUND: (CONT'D) Approval of Novation Contract #74-031-23 replaces the automatic extension under the prior Contract and allows the Contractor to continue providing services, through June 30, 2018. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, SED children will not have access to Contractor’s services and may require higher levels of care. CHILDREN'S IMPACT STATEMENT: This program supports the following Board of Supervisors’ community outcomes: “Children Ready For and Succeeding in School”; “Families that are Safe, Stable, and Nurturing”; and “Communities that are Safe and Provide a High Quality of Life for Children and Families”. Expected program outcomes include an increase in positive social and emotional development as measured by the Child and Adolescent Functional Assessment Scale (CAFAS). RECOMMENDATION(S): Approve and authorize the Health Services Director, or his designee, to execute Contract #76-586 with SHC Services, Inc. (dba Supplemental Health Care), a corporation, in an amount not to exceed $300,000, for the provision of temporary medical staff at the Contra Costa Regional Medical Center, Health Centers (CCRMC) and Detention Facility for the period from April 1, 2017 through March 31, 2018. FISCAL IMPACT: 100% Hospital Enterprise Fund I. (No rate increase) BACKGROUND: On April 25, 2017, the Board of Supervisors approved Contract #26-473-24 with SHC Services, Inc. (dba Supplemental Health Care), for the provision of temporary nurses, nursing assistants, psychiatric technicians, medical assistants and physical, occupational and speech therapists at CCRMC and the County’s Detention Facilities, for the period from April 1, 2017, through March 31, 2018. This contract is for specialized services that are also performed by employees represented by Teamsters Local APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/11/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Anna Roth, 925-370-5101 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: K Cyr, M Wilhelm C.147 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:July 11, 2017 Contra Costa County Subject:Contract #76-586 with SHC Services, Inc., (dba Supplemental Health Care) BACKGROUND: (CONT'D) 856. The County and Teamsters successfully concluded the meet and confer process related to this contract. Approval of Contract #76-586 will authorize the Department’s continued use of this Contractor’s medical and therapeutic services that are critical for the operation of CCRMC for the period from July 1, 2017 through March 31, 2018. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, patients requiring medical services at CCRMC and the Detention Facility will not have access to Contractor’s services. RECOMMENDATION(S): Approve and authorize the Health Services Director, or his designee, to execute, on behalf of the County, Novation Contract #74–322–14 with Youth Homes Incorporated, a non-profit corporation, in an amount not to exceed $3,849,440, to provide residential treatment and Therapeutic Behavioral Services (TBS), for the period from July 1, 2017 through June 30, 2018. This Contract includes a six-month automatic extension through December 31, 2018, in an amount not to exceed $1,924,720. FISCAL IMPACT: This Contract is funded 50% Federal Medi-Cal; 50% Mental Health Realignment. (3% Cost of Living Adjustment) BACKGROUND: On June 21, 2016, the Board of Supervisors approved Novation Contract #74–322–13 with Youth Homes Incorporated for the period from July 1, 2016 through June 30, 2017, which included a six month automatic extension through December 31, 2017, for the provision of residential treatment and Therapeutic Behavioral Services (TBS). Approval of Novation Contract #74-322-14, replaces the automatic extension under the prior Contract allowing the Contractor to continue providing services through June 30, 2018. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/11/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Cynthia Belon, 925-957-5201 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: L Walker , M Wilhelm C.148 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:July 11, 2017 Contra Costa County Subject:Novation Contract #74–322–14 with Youth Homes Incorporated CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, there would be fewer step-down group home options available in the County and children requiring this level of care may experience out of State placement. CHILDREN'S IMPACT STATEMENT: This Contract supports the following Board of Supervisors’ community outcomes: “Children Ready For and Succeeding in School”; “Families that are Safe, Stable, and Nurturing”; and “Communities that are Safe and Provide a High Quality of Life for Children and Families”. Expected program outcomes include an increase in positive social and emotional development as measured by the Child and Adolescent Functional Assessment Scale (CAFAS) and placement at discharge to a lower level of care. RECOMMENDATION(S): Approve and authorize the Health Services Director, or his designee, to execute Contract #76-585 with MGA Healthcare, Inc., a corporation, in an amount not to exceed $2,600,000, for the provision of temporary medical staffing services at the Contra Costa Regional Medical Center and Health Centers (CCRMC), for the period from May 1, 2017 through April 30, 2018. FISCAL IMPACT: 100% Hospital Enterprise Fund I. (No rate increase) BACKGROUND: On March 21, 2017, the Board of Supervisors approved Contract #26-644-18 with MGA Healthcare, Inc., for the provision of temporary pharmacists, laboratory, respiratory, pharmacy, and radiology technicians, specialty registered nurses and permanent placement recruitment services at CCRMC to provide coverage during peak loads, temporary absences and emergencies, for the period from March 22, 2017 through April 30, 2017 during ongoing negotiations with the Teamsters Local 856. This contract is for specialized APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/11/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Anna Roth, 925-370-5101 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: K Cyr, M Wilhelm C.149 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:July 11, 2017 Contra Costa County Subject:Contract #76-585 with MGA Healthcare, Inc. BACKGROUND: (CONT'D) services that are also performed by employees represented by Teamsters Local 856. The County and Teamsters successfully concluded the meet and confer process related to this contract. Approval of Contract #76-585 will authorize the Department’s continued use of this Contractor’s medical and therapeutic services that are critical for the operation of CCRMC for the period from May 1, 2017 through April 30, 2018. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, patients requiring medical services at CCRMC will not have access to Contractor’s services. RECOMMENDATION(S): Approve and authorize the Health Service Director, or his designee, to execute, on behalf of the County, Contract #76-591 with Medical Solutions, LLC, a limited liability company, in an amount not to exceed $300,000, to provide temporary registry services, at Contra Costa Regional Medical Center and Contra Costa Health Centers (CCRMC), for the period from July 1, 2017 through June 30, 2018. FISCAL IMPACT: This contract is 100% funded Hospital Enterprise Fund I. (Rate increase) BACKGROUND: On May 10, 2016, the Board of Supervisors approved Contract #26-745-6 (as amended by Amendment Agreement #26-745-7) with Medical Solutions, LLC, for the provision of temporary help services workers to provide temporary relief for County employees during peak loads, temporary absences, vacations or emergency situations at CCRMC for the period from July 1, 2016 through June 30, 2017. This contract is for specialized services that are also performed by employees represented by Teamsters Local 856. The APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/11/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Anna Roth, 925-370-5101 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Tasha Scott, Marcy Wilhelm C.150 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:July 11, 2017 Contra Costa County Subject:Contract #76-591 with Medical Solutions, LLC. BACKGROUND: (CONT'D) County and Teamsters successfully concluded the meet and confer process related to this contract. Approval of Contract #76-591 will authorize the Department’s continued use of this Contractor’s medical and therapeutic services that are critical for the operation of CCRMC for the period through June 30, 2018. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, patients requiring medical services at CCRMC will not have access to Contractor’s services. RECOMMENDATION(S): Approve and authorize the Health Services Director, or his designee, to execute, on behalf of the County, Contract #76-584 with All Health Services, Corporation, in an amount not to exceed $1,900,000, to provide temporary medical staffing services at the Contra Costa Regional Medical Center, Contra Costa Health Centers (CCRMC), and Detention Facilities for the period from May 1, 2017 through April 30, 2018. FISCAL IMPACT: This contract is funded 100% Hospital Enterprise Fund I. (No rate increase) BACKGROUND: On October 20, 2015, the Board of Supervisors approved Contract #26-577-12 (as amended by Amendment Agreements #26-577-13 and #26-577-14) with All Health Services, Corporation to provide temporary medical staffing services at CCRMC, and Detention Facilities, for the period from October 1, 2015 through April 30, 2017. This contract is for specialized services that are also performed by employees represented by Teamsters Local 856. The County and Teamsters successfully concluded the meet and confer APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/11/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Anna Roth, 925-370-5201 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: K Cyr, M Wilhelm C.151 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:July 11, 2017 Contra Costa County Subject:Contract #76-584 with All Health Services, Corporation BACKGROUND: (CONT'D) process related to this contract. Approval of Contract #76-584 will authorize the Department’s continued use of this Contractor’s medical and therapeutic services that are critical for the operation of CCRMC for the period through April 30, 2018. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, patients requiring medical services at CCRMC and the Detention Facility will not have access to Contractor’s services. RECOMMENDATION(S): Approve and authorize the Health Services Director, or his designee, to execute Contract #76-587 with Careerstaff Unlimited, Inc., in an amount not to exceed $250,000, for the provision of temporary medical staffing services at the Contra Costa Regional Medical Center and Health Centers (CCRMC), for the period from May 1, 2017 through April 30, 2018. FISCAL IMPACT: 100% Hospital Enterprise Fund I. (No rate increase) BACKGROUND: On March 7, 2017, the Board of Supervisors approved Contract #26-323-27 with Careerstaff Unlimited, Inc. (dba Therapists Unlimited), for the provision of temporary occupational, physical and speech therapists, pharmacists and pharmacy technicians, medical social workers, ultrasound technologists and other ancillary classifications, for the period from March 8, 2017 through April 30, 2017. This contract is for specialized services that are also performed by employees represented by Teamsters Local 856. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/11/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Anna Roth, 925-370-5101 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: K Cyr, M Wilhelm C.152 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:July 11, 2017 Contra Costa County Subject:Contract #76-587 with Careerstaff Unlimited, Inc. BACKGROUND: (CONT'D) The County and Teamsters successfully concluded the meet and confer process related to this contract. Approval of Contract #76-587 will authorize the Department’s continued use of this Contractor’s medical and therapeutic services that are critical for the operation of CCRMC for the period through April 30, 2018. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, patients requiring medical services at CCRMC will not have access to Contractor’s services. RECOMMENDATION(S): APPROVE and AUTHORIZE the Conservation and Development Director, or designee to execute a contract with Urban Tilth in an amount not to exceed $105,000 for the development of an urban farm community park in the North Richmond Area for the term July 11, 2017 through December 31, 2018. FISCAL IMPACT: No impact to the County General Fund. 100% North Richmond Mitigation fund. BACKGROUND: On June 20, 2017, Contra Costa County Board of Supervisors approved the North Richmond Waste and Recovery Mitigation Fee Expenditure Plans – 2015-16 (amended) and 2017-18. The 2017-18 Expenditure Plan allocates $105,000 for a new strategy – Urban Farm Park Dedication Project - to help fund the development of the North Richmond Urban Farm project. The North Richmond Mitigation Fund $105,000 allocation leverages other County funds directed to the project including $457,000 from the Park Dedication/Park Impact Fee Trust Fund. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/11/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Kristine Solseng (925) 674-7809 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C.153 To:Board of Supervisors From:John Kopchik, Director, Conservation & Development Department Date:July 11, 2017 Contra Costa County Subject:Contract with Urban Tilth for the Development of an Urban Farm Park in the North Richmond Area - North Richmond waste and Recovery Mitigation Fund BACKGROUND: (CONT'D) Urban Tilth's North Richmond Urban Farm Project: Urban Tilth's Roots and Restoration Farm ("Farm") is proposed to be a 3.1 acre Agricultural Park and Riparian Restoration Learning Center located at 323 Brookside Drive in North Richmond. The goal of the Farm is to provide the community a place to discover the power of the natural world by working, learning, playing, and cultivating an open, multi-functional site to grow healthy food while nurturing sustainable habitat and ecosystems. Potential components of the project include a working farm, a "You Pick It" learning garden, an outdoor kitchen, creek and garden classrooms, and a youth-run market stand. Supervisor Gioia's office has been working extensively with Urban Tilth on the development and implementation of this project. The idea came out of his visit to Zenger Farms, an urban farm partnership with the City of Portland. Park Dedication funds were previously approved for planning, design, other predevelopment activities, project management, and preparation/implementation of a soil management plan. Project History: In 2013, the Board of Supervisors (Board) approved the conveyance of the Brookside Drive site from the Contra Costa County Flood Control and Water Conservation District to the County and approved allocating $225,000 in park dedication funds for the County to purchase the subject site from Flood Control. On August 12, 2014 Urban Tilth signed a ten-year lease with the County for the subject property.The lease includes an option to extend for two additional 10-year terms. On October 7, 2014, the Board approved the recommendation from the Planning Commission to adopt a General Plan Amendment to add new policies in the Contra Costa County General Plan Land Use Element for the North Richmond Area to support and promote urban agriculture. On December 2, 2014, the Contra Costa County Board of Supervisors approved and authorized Urban Tilth to receive $435,000 in Park Dedication Funds and enter into a contract for the implementation of those funds. On December 8, 2015, the Contra Costa County Board of Supervisors approved and authorized Urban Tilth to receive an additional $22,000 to develop and implement a Soil Management Plan. On September 15, 2016, the Department of Conservation and Development approved a North Richmond Administrative Permit allowing for the establishment of the Urban Tilth North Richmond Farm. On June 20, 2017, Contra Costa County Board of Supervisors approved the North Richmond Waste and Recovery Mitigation Fee Expenditure Plans – 2015-16 (amended) and 2017-18. The 2017-18 Expenditure Plan allocates $105,000 for a new strategy – Urban Farm Park Dedication Project - to help fund the development of the North Richmond Urban Farm project. Proposed Use of North Richmond Mitigation Funds The table below shows how the $105,000 will be programmed. Task Amount Environmental and Site Analysis/Studies $ 11,000 Community Outreach and Engagement $ 35,600 Capital Improvements – Interim Farm Build $ 58,400 Total Funds $105,000 Project Timeline: The project is anticipated to be completed by the end of 2018. California Environmental Quality Act (CEQA): The proposed tasks are consistent with the existing North Richmond Administrative Permit and does not require any CEQA review. Other, proposed future developments at the Farm are currently under CEQA review. Urban Tilth has applied for a Tree Permit and staff has recommended they submit a concurrent Land Use Permit application for the proposed caretaker mobile home. These elements, along with the proposed water and sewer infrastructure, are currently being reviewed in compliance with CEQA. CONSEQUENCE OF NEGATIVE ACTION: Not approving the additional tasks will negatively impact the ability of Urban Tilth to proceed with the proposed Not approving the additional tasks will negatively impact the ability of Urban Tilth to proceed with the proposed Farm project. CHILDREN'S IMPACT STATEMENT: The proposed project will support the following community outcomes established in the Children's Report Card: 1) Children and youth are healthy and preparing for a productive adulthood; 2) Families are safe, stable and nurturing; 3) Communities are safe and provide a high quality of life for children and families. RECOMMENDATION(S): APPROVE and AUTHORIZE the County Administrator, or designee to execute a contract amendment with Hinderliter, de Llamas and Associates, to increase the payment limit by $37,000 to a new payment limit of $1,037,000 to provide sales tax audit and information services with no change to the contact term of July 30, 2017. FISCAL IMPACT: The contract costs are based on two factors; a $7,200 flat fee annually for sales tax information/technical assistance and 15% of new sales and use tax revenues recovered by the County as a result of a contractor's audit. Historically, the County has recovered substantially more revenues than the cost of this contract. (100% General Fund) BACKGROUND: Hinderliter, de Llamas and Associates (HdL), on behalf of the County, monitors client sales and use tax receipts to identify and correct revenues improperly diverted from the County. The final invoice for the contract period exceeds the contract limit and requires an increase in the payment limit. This increase is more than offset by the additional revenue received by the County. CONSEQUENCE OF NEGATIVE ACTION: The County will not be able to pay any outstanding invoices. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/11/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Timothy Ewell, (925) 335-1036 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C.154 To:Board of Supervisors From:David Twa, County Administrator Date:July 11, 2017 Contra Costa County Subject:Contract Amendment with Hinderliter, de Llamas and Associates RECOMMENDATION(S): APPROVE and AUTHORIZE the Sheriff-Coroner, or designee, to enter into a Memorandum of Agreement with the U.S. Army, including full indemnification of the U.S. Army, allowing the County to use a portion of the former Naval Weapons Station near Concord at no cost to the County for the operation of a marine patrol and training facility for a nine-year period commencing upon execution of the Agreement. FISCAL IMPACT: No fiscal impact. BACKGROUND: The U.S. Army, Military Surface Deployment and Distribution Command, 834th Transportation Battalion, operates a portion of the property formerly known as the Naval Weapons Station near Concord. Since 2006, the Sheriff has operated a marine patrol and training facility on a portion of the property that is under the control of the U.S. Army. Under the proposed Memorandum of Agreement (MOA), the U.S. Army will continue to allow the Sheriff to operate a marine patrol and training facility on the property, for a nine year term. Under the MOA, the Sheriff will have use of a building for office space, a parking area, a docking area, a pier, and storage areas. The Sheriff also has direct access to the adjacent waterway. Under the MOA, the County agrees to release the U.S. Army from liability and to indemnify the U.S. Army against loss or damage arising from the County’s use of the property. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/11/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Sandra Brown 925-335-1553 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: C.155 To:Board of Supervisors From:David O. Livingston, Sheriff-Coroner Date:July 11, 2017 Contra Costa County Subject:U.S. Army CONSEQUENCE OF NEGATIVE ACTION: The Sheriff would not be authorized to operate a marine patrol and training facility on the former Naval Weapons Station property. CHILDREN'S IMPACT STATEMENT: None. ATTACHMENTS MOA with Army RECOMMENDATION(S): AUTHORIZE the County Administrator, or designee, to provide written notice to the California Public Finance Authority (CalPFA) of Contra Costa County's withdrawal from CalPFA. FISCAL IMPACT: Withdrawal from CalPFA will not have an impact to the County General Fund. BACKGROUND: The California Public Finance Authority (CalPFA) was created on May 12, 2015 to assist local governments, non-profit organizations and businesses with the issuance of taxable and tax-exempt financing. The Board of Supervisors adopted Resolution 2016/368 on May 10, 2016 to approve and authorize the County to join CalPFA in order for them to issue tax-exempt bonds for Willowbrook Apartments in Bay Point. The issuance was completed in April 2017, and the County's business with CalPFA is finished. The County itself is an issuer of tax-exempt bonds for affordable housing developments. The County is well served with other joint powers authorities, such as the California Municipal Finance Authority, and does not have a significant need to remain a member of CalPFA. CONSEQUENCE OF NEGATIVE ACTION: Entities seeking private activity bonds for development projects in the unincorporated County will have fewer options for issuers. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/11/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Kara Douglas 674-7880 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: C.156 To:Board of Supervisors From:John Kopchik, Director, Conservation & Development Department Date:July 11, 2017 Contra Costa County Subject:Withdrawal from the California Public Finance Authority Joint Powers Authority RECOMMENDATION(S): DECLARE as surplus and AUTHORIZE the Purchasing Agent, or designee, to dispose of fully depreciated vehicles and equipment no longer needed for public use, as recommended by the Public Works Director, Countywide. FISCAL IMPACT: No fiscal impact. BACKGROUND: Section 1108-2.212 of the County Ordinance Code authorizes the Purchasing Agent to dispose of any personal property belonging to Contra Costa County and found by the Board of Supervisors not to be required for public use. The property for disposal is either obsolete, worn out, beyond economical repair, or damaged beyond repair. CONSEQUENCE OF NEGATIVE ACTION: Public Works would not be able to dispose of surplus vehicles and equipment. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/11/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Nida Rivera, (925) 313-2124 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: C.157 To:Board of Supervisors From:Julia R. Bueren, Public Works Director/Chief Engineer Date:July 11, 2017 Contra Costa County Subject:Disposal of Surplus Property ATTACHMENTS Surplus Vehicles & Equipment ATTACHMENT TO BOARD ORDER JULY 11, 2017 Department Description/Unit/Make/Model Serial No. Condition A. Obsolete B. Worn Out C. Beyond economical repair D. Damaged beyond repair CONSERVATION & DEVELOPMENT 2005 FORD ESCAPE HYBRID #3669 (105056 MILES) 1FMYU96H65KC75100 C. BEYOND ECONOMICAL REPAIR ANIMAL SERVICES 2008 FORD F-250 ANIMAL TRUCK #5465 (140646 MILES) 1FDSX20R28EC75278 B. WORN OUT PUBLIC WORKS 2003 CHEVY CAVALIER #1429 (54955 MILES) 1G1JC52F837220601 B. WORN OUT PUBLIC WORKS 1998 FORD E-150 CARGO VAN #4484 (106019 MILES) 1FTRE14L4WHB53624 B. WORN OUT SHERIFF 2006 FORD CROWN VIC. #2634 (125496 MILES) 2FAFP71W16X107527 B. WORN OUT SHERIFF 2011 FORD CROWN VIC. #2047 (77294 MILES) 2FABP7BV6BX149187 B. WORN OUT SHERIFF 2010 FORD CROWN VIC. #2025 (95113 MILES) 2FABP7BV1AX115432 C. BEYOND ECONOMICAL REPAIR SHERIFF 2010 FORD CROWN VIC. 2007 (100207 MILES) 2FABP7BV3AX115416 C. BEYOND ECONOMICAL REPAIR PUBLIC WORKS 1900 ONAN GENERATOR #9106 () 56B541155 C. BEYOND ECONOMICAL REPAIR EHS/COMM. SERVICES 1993 FORD E-350 PASSENGER VAN #4422 (82998 MILES) 1FBHE31H8PHB81584 B. WORN OUT PUBLIC WORKS 2002 FORD E-250 CARGO VAN #4601 (82476 MILES) 1FTNE24L12HA59067 B. WORN OUT RECOMMENDATION(S): ADOPT Resolution No. 2017/238 authorizing the Chief Engineer of the Flood Control and Water Conservation District, to fulfill the requirements of Grant Agreement D1612604, with the State Water Resources Control Board, for the Storm Water Resource Plan, Countywide. FISCAL IMPACT: 100% grant revenue of $499,420 to the Flood Control and Water Conservation District (Fund 250500). BACKGROUND: Senate Bill 985 requires public agencies to develop a Storm Water Resource Plan in order to receive grant funding from any bond act for stormwater treatment, green infrastructure, or stormwater capture and use projects. The Flood Control and Water Conservation District, on behalf of the Contra Costa Clean Water Program, applied for grant funding from Proposition 1 to develop the plan required in SB 985. This plan is referred to as the Contra Costa Watersheds Storm Water Resource Plan and will meet future stormwater grant funding requirements for the County, Flood Control District, and all cities within the county. Grant funding to develop the plan was approved in the amount of $499,420. The State Water Resources Control Board administers the grant and prepared a Grant Agreement which the Board of Supervisors authorized the Flood Control District Chief Engineer to sign. The State Water Board requires the APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/11/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Mike Carlson, 925. 313-2321 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: C.158 To:Board of Supervisors From:Julia R. Bueren, Public Works Director/Chief Engineer Date:July 11, 2017 Contra Costa County Subject:ADOPT resolution authorizing the Chief Engineer of the Flood Control District to fulfill the requirements of the State Grant Agreement BACKGROUND: (CONT'D) County to adopt a resolution giving the Chief Engineer of the Flood Control District authorization to meet certain commitments required in the Grant Agreement. Without this resolution, the State Water Board will not release grant funds to the Flood Control District. CONSEQUENCE OF NEGATIVE ACTION: If this action is not approved the Flood Control District will not receive the grant fund the State awarded the County from Proposition 1. AGENDA ATTACHMENTS Resolution No. 2017/238 MINUTES ATTACHMENTS Signed Resolution No. 2017/238 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 07/11/2017 by the following vote: AYE: John Gioia Candace Andersen Diane Burgis Karen Mitchoff Federal D. Glover NO: ABSENT: ABSTAIN: RECUSE: Resolution No. 2017/238 IN THE MATTER OF the Storm Water Planning Grant Agreement with the State of California and designating and authorizing a representative to sign or submit related documents for the Contra Costa Watersheds Storm Water Resource Plan grant project. WHEREAS, the California Legislature adopted Senate Bill 985, requiring that a public agency develop a Storm Water Resource Plan in order to receive grant funding from any bond act for stormwater treatment, green infrastructure, or stormwater capture and use projects; and WHEREAS, the Water Quality, Supply, and Infrastructure Improvement Act of 2014 (Proposition 1) was approved in November 2014, providing funds for a Storm Water Grant Program; and WHEREAS, the Contra Costa County Flood Control and Water Conservation District (District), on behalf of the Contra Costa Clean Water Program, submitted an application for grant funding from Proposition 1 for the development of the Contra Costa Watersheds Storm Water Resource Plan; and WHEREAS, the application for grant funding was approved; and WHEREAS, on October 25, 2016, the Board adopted resolution 2016/579 authorizing the District to negotiate and enter into a financial assistance agreement (Grant Agreement), which Grant Agreement (Grant Agreement No. D1612604) was subsequently signed by the District Chief Engineer, and this resolution completes the State requirements to receive grant funding. NOW THEREFORE BE IT RESOLVED The Board of Supervisors, as the governing board of the Contra Costa County Flood Control and Water Conservation District, authorizes the Chief Engineer of the District, or designee, to provide the assurances, certifications, and commitments required in the Grant Agreement, including executing any amendments or changes thereto. The Chief Engineer, or designee, is designated to represent the District in carrying out the District’s responsibilities under the Grant Agreement, including certifying disbursement requests on behalf of the District and compliance with applicable state and federal laws. Contact: Mike Carlson, 925. 313-2321 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: 5 C.158 RECOMMENDATION(S): ACCEPT the 2016 Annual Report submitted by the Byron Municipal Advisory Council (BMAC), as recommended by Supervisor Diane Burgis. FISCAL IMPACT: None. BACKGROUND: On December 16, 2008. the Board of Supervisor adopted policies for Municipal Advisory Councils requiring all MAC's to submit annual reports. The reports attached include summaries of actions in 2016 and objectives for 2017. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/11/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Alicia Nuchols, 925-252-4500 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: C.159 To:Board of Supervisors From:Diane Burgis, District III Supervisor Date:July 11, 2017 Contra Costa County Subject:Byron MAC Annual Report ATTACHMENTS Annual Report for Byron MAC 1 The Byron Municipal Advisory Council serves as an advisory body to the Contra Costa County Board of Supervisors and the County Planning Agency. 2016 Annual Report to the Board of Supervisors Prepared by: Office of Supervisor Mary N. Piepho, Alicia Nuchols Submitted by: Linnea Juarez, Chairperson Activities and Accomplishments The primary goal of the Byron MAC in 2016 was to continue to be the connection between the residents of Byron with the County. During the 2016 Byron MAC meetings the following presentations were made to the community. Byron Airport – General Plan Amendment – Will Nelson, Advanced Planning with Contra Costa County & Keith Freitas, Director of Airports for Contra Costa County. Discovery Bay Library Connection – Liz Fuller Tunnels – WaterFix Presentation by Steve Larsen CHP introducing the County’s new Public Information Officer, Brandon Correa and an update on CHP enforcement efforts within the community. During 2016 the Byron MAC activities and efforts included: The Byron MAC was successful in getting a truck route in place and the creation of two Ordinances, Camino Diablo & Holway, that require trucks to use the established truck route. The Byron community with the help of the Byron Union School District was able to put an application together for the use of the Measure WW funds ($600K) to create and build the Byron Family Park & Interactive Learning Center. Project to be completed by the end of 2017. A successful Community Clean-Up Day held on August 20, 2016. The Brentwood Disposal company brought multiple dumpsters and the event was free of charge to Byron residents. It was a wonderful opportunity for Byron Municipal Advisory Council Linnea Juarez, Chair Supervisor Mary N. Piepho, District III Alicia Nuchols, Field Representative 3361 Walnut Blvd., Ste 140 Brentwood, CA 94513 (925) 252-4500 Alicia.Nuchols@bos.cccounty.us Byron MAC 2016 Annual Report and 2017 Work Plan 2 a community clean up and the Byron MAC members and community volunteers, lead by Vice Chair Larsen & Council member Nisen. Byron MAC continued to send a representative to the monthly Code Enforcement meetings held at the Supervisor’s office to discuss and set code enforcement priorities for the Byron community. Significant improvement in enforcement and compliance was completed throughout the year. The Byron MAC raised awareness and support for the 239 Tri-link/airport connector via CCTA. Members in 2016 Chair Linnea Juarez Vice Chair Steve Larsen Council member Dennis Lopez Council member Mike Nisen Councilmember Father Ron Schmit Attendance in 2016 January- Councilmember Lopez & Juarez absent February- Meeting cancelled March- Councilmember Schmit absent April- Meeting cancelled May- Councilmember Schmit & Lopez absent June- Meeting cancelled July- Meeting cancelled August- Councilmember Schmit & Nisen absent September- Meeting cancelled October- TBD November- TBD December- No meeting – combined with November meeting Work Plan and Objectives for 2017 The Byron MAC’s priorities for 2017 will continue to be to provide the Byron community with the opportunity to communicate with the various County Departments. We will work to schedule pertinent and informative speaker presentations at the monthly meetings. We will continue to work on: 1.) Heart Safe Community Designation 2.) Code Enforcement Priorities a) Illegal Dumping 3.) Promote Community Identity 4.) Annual Clean-Up Day Byron MAC 2016 Annual Report and 2017 Work Plan 3 5.) EOP(Emergency Operating Plan) a) Recognize potential hazards to the community b) Does Byron have a Disaster Relief Center? Has the Red Cross contracted with the school district for use of the school grounds? ST. Anne's? Other? c) Have we considered creating cashes of medical supplies and Red Cross shelter supplies? The Byron MAC is scheduled to meet on the 4th Tuesday of the month at 6:00p.m. at Byron Unified School District Board Room. RECOMMENDATION(S): CONTINUE the emergency action originally taken by the Board of Supervisors on November 16, 1999 regarding the issue of homelessness in Contra Costa County. FISCAL IMPACT: None. BACKGROUND: On November 16, 1999, the Board of Supervisors declared a local emergency, pursuant to the provisions of Government Code Section 8630 on homelessness in Contra Costa County. Government Code Section 8630 requires that, for a body that meets weekly, the need to continue the emergency declaration be reviewed at least every 14 days until the local emergency is terminated. In no event is the review to take place more than 21 days after the previous review. On June 20, 2017, the Board of Supervisors reviewed and approved the emergency declaration. With the continuing high number of homeless individuals and insufficient funding available to assist in sheltering all homeless individuals and families, it is appropriate for the Board to continue the declaration of a local emergency regarding homelessness. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/11/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Enid Mendoza, (925) 335-1039 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: C.160 To:Board of Supervisors From:David Twa, County Administrator Date:July 11, 2017 Contra Costa County Subject:Continue Extension of Emergency Declaration Regarding Homelessness RECOMMENDATION(S): AUTHORIZE the Chair of the Board of Supervisors to submit a letter of interest to participate in the SolSmart Program of the National Association of Counties and the U.S. Department of Energy. FISCAL IMPACT: There is no cost to participate in the SolSmart Program. If the County is designated a SolSmart community and is interested, it will be eligible to receive free technical assistance in developing and building out solar permitting processes; solar planning, zoning, and development regulations; community engagement strategies; and solar market development and finance. BACKGROUND: The National Association of Counties (NACO) is a co-sponsor of the SolSmart program, a new national program designed to recognize communities that have taken key steps to address local barriers to solar energy. It is funded by the U.S. Department of Energy SunShot Initiative through the Solar Powering America by Recognizing Communities funding opportunity. SolSmart seeks to address the business process or administrative costs that can increase the time and money it takes to install a solar energy system, costs which are then passed on to solar customers. These costs can represent as much as 64 percent of total installed residential solar system prices, and are associated with planning and zoning; permitting, interconnection, and inspection; financing; customer acquisition; and installation labor. Addressing these costs can help attract new business, providing jobs and other economic development benefits. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/11/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Jody London, 925-674-7871 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: C.161 To:Board of Supervisors From:John Kopchik, Director, Conservation & Development Department Date:July 11, 2017 Contra Costa County Subject:Letter of Intent to Participate in SolSmart Program BACKGROUND: (CONT'D) Increasing the amount of renewable energy deployed in Contra Costa County is one of the goals of the County's Climate Action Plan. The Climate Action Plan has specific targets for the number of solar arrays that will be installed on homes and businesses. Participating in the SolSmart program will provide the County with additional resources to develop policies and processes for facilitating more solar energy in Contra Costa County, and to be recognized nationally for our work. By applying for SolSmart designation, the County commits to working with the SolSmart technical assistance team and considering its recommendations. Communities that achieve the SolSmart designation will be recognized at a special ceremony at the NACO annual conference, July 21-24, 2017. The SolSmart application had to be submitted prior to Board approval due to the deadline, and will be withdrawn if the Board is not in favor of participating in the SolSmart program. CONSEQUENCE OF NEGATIVE ACTION: If the County does not participate in the SolSmart program the County will not have the opportunity for no-cost technical assistance and recognition for its solar energy policies and programs. ATTACHMENTS SolSmart Letter of Intent The Board of Supervisors County Administration Building 651 Pine Street, Room 106 Martinez, California 94553-1293 John Gioia, 1st District Candace Andersen, 2nd District Diane Burgis, 3rd District Karen Mitchoff, 4th District Federal D. Glover, 5th District July 11, 2017 Philip Haddix The Solar Foundation 600 14th Street, NW - Suite 400 Washington, DC 20005 Dear Mr. Haddix: Contra Costa County is pleased to submit this application to become a designated SolSmart community. Contra Costa County is committed to the goals of the SolSmart program. As a designated SolSmart community, Contra Costa County would benefit from the advising and technical assistance offered by the U.S. Department of Energy. This assistance will help the County expand its solar energy programs and make them more accessible to all residents and community members in the unincorporated County. Our County has a history of leadership on renewable energy issues. The eastern part of our County includes the Altamont Pass, one of the original wind resources developed in California. Contra Costa County promulgated one of the earliest streamlined permitting rules for rooftop solar, which became the model for the State of California rules. In December 2015, Contra Costa County adopted its first Climate Action Plan (CAP). The CAP calls for the County to increase the amount of renewable energy deployed on homes, businesses, and public lands and buildings. Through a recently awarded grant from the California Strategic Growth Council, the County is embarking on a study to determine the locations in the unincorporated County and on County facilities with greatest potential to host distributed-scale renewable energy, including solar. The grant will allow the County to examine current County zoning to determine what changes are required to cite more renewable energy in the County. Two County initiatives create momentum to deploy more renewable energy in Contra Costa County. First, the County and many of the cities in the County are opting in to community choice energy (CCE) by joining MCE, the first community choice aggregation in California. Included in the March 2017 CCE technical study is an assessment of the solar resources in the County. This assessment will provide the starting point for the Renewable Resource Potential Study described above. Second, the County is implementing the Northern Waterfront Economic Development Initiative, a regional, cluster-based development strategy with a goal of creating 18,000 new jobs by 2035. The Northern Waterfront is comprised of the historic industrial waterfront, nearly 60 miles from Hercules to Oakley. This area contains 61 percent of the County’s industrial zoned land, including many large stationary pollution sources. In the CCE technical study, 40 percent of the potential solar energy sites were identified in the Northern Waterfront area. David Twa Clerk of the Board and County Administrator (925) 335-1900 Contra Costa County Contra Costa County is committed to tracking metrics related to solar PV. Our SolSmart application includes metrics on how many rooftop solar PV systems have been installed since the County adopted the streamlined permitting rules mentioned above. As a participant in the SolSmart program, Contra Costa County will dedicate staff time and resources to work with SolSmart representatives to address solar best practice opportunities. Similarly, the County will work, to the best of its abilities, to implement these best practices. The ultimate goal is to achieve designation through the SolSmart program and lower potential barriers to solar adoption. We believe the technical assistance from SolSmart will help implement more solar and energy efficient systems in Contra Costa County. We look forward to being a part of the SolSmart designation program and introducing more solar programs with the support of the Department of Energy. Sincerely, Federal Glover Chair, Board of Supervisors RECOMMENDATION(S): Approve and authorize the Health Services Director, or his designee, to execute, on behalf of the County, Contract #72-105 with Anthem Blue Cross, a corporation, a non-financial agreement to provide patient referrals of eligible women for the Black Infant Health Program, from July 1, 2017 through June 30, 2018. FISCAL IMPACT: This is a non-financial agreement. BACKGROUND: The Black Infant Health Project was created to provide services mandated by the California State Department of Health Care Services, to develop a partnership for reducing the African-American infant morbidity and mortality rates. This Project meets the social needs of the County’s population by providing case management services, outreach, recruitment, enrollment into group intervention, education and support, to pregnant and/or parenting women and their infants in East and West County, including those in the African-American Community. Under Contract #72-105, the Contractor will provide shared patient referrals with the Black Infant Health (BIH) program for outreach to County residents through June 30, 2018. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/11/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Dan Peddycord, 925-313-6712 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: D Morgan, M Wilhelm C.162 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:July 11, 2017 Contra Costa County Subject:Contract #72-105 with Anthem Blue Cross CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, pregnant and/or parenting women and their infants will not receive State mandated Black Infant Health Project case management services intended to reduced African-American infant morbidity and mortality rates. CHILDREN'S IMPACT STATEMENT: This program supports the following Board of Supervisors’ community outcomes: “Children Ready For and Succeeding in School”; “Families that are Safe, Stable, and Nurturing”; and “Communities that are Safe and Provide a High Quality of Life for Children and Families”. Expected program outcomes include an increase in positive social and emotional development as measured by the Child and Adolescent Functional Assessment Scale (CAFAS). RECOMMENDATION(S): APPROVE clarification of Board action of June 6, 2017 (Item C.123) which authorized the Employment and Human Services Director, or designee, to execute a contract with FBC Community Outreach, Inc. in an amount not to exceed $258,129 to provide Child Welfare Redesign Differential Response Path 2 Case Management services in East County to clarify the contract term end date of June 30, 2018, and not a term end date of June 20, 2018 as previously approved by the Board. FISCAL IMPACT: $258,129: 100% State (Child Welfare Services Outcome Improvement Project-Realignment Funds) BACKGROUND: This Contractor was selected as a result of the competitive bid process to continue implementation of the Differential Response Path 2 Case Management program which provides early intervention in the lives of families who have had a report of abuse or neglect. The Differential Response program works with community-based and/or faith based organizations to provide case management and home visiting services to high risk families to address the issues that brought the APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/11/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Elaine Burres, 313-1717 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: C.163 To:Board of Supervisors From:Kathy Gallagher, Employment & Human Services Director Date:July 11, 2017 Contra Costa County Subject:Clarification of Board Action of June 6, 2017, Item C.123 BACKGROUND: (CONT'D) family to the attention of Children and Family Services (CFS). Selected contractors provide services to impact the family's ability to safely care for their children and avoid the further need for interventions with and further investigation by CFS. This Board order corrects typographical error of Board action of June 6, 2012, (Item #123), which incorrectly stated June 20, 2018 as the term end date, but should have read June 30, 2018. CONSEQUENCE OF NEGATIVE ACTION: Employment and Human Services will be unable to provide valuable services. CHILDREN'S IMPACT STATEMENT: The services provided under this contract support all five of Contra Costa County's Community outcomes (1 "Children Ready for and Succeeding in School"; (2) "Children and Youth Healthy and Preparing for Productive Adulthood"; (3) Families that are Economically Self-Sufficient"; (4) "Families that are Safe, Stable and Nurturing; and, (5) Communities that are Safe and Provide a High Quality of Life for Children and Families" by providing community-based services to families to deter continued Children and Family Services intervention. RECOMMENDATION(S): ADOPT Resolution No. 2017/251 approving Contra Costa County to receive and use State of California (State) Emergency Solutions Grant (ESG) funds in the amount of $492,850 for eligible activities as approved by the State in accordance with all State ESG Program requirements, and other rules and laws; and AUTHORIZE the Conservation and Development Director, or designee, to execute the Standard Agreement(s) with the State for the State ESG Program funds; and AUTHORIZE the Conservation and Development Director, or designee, to execute ESG program agreements with the approved public or private agencies to carry out eligible State ESG activities. FISCAL IMPACT: No General Fund impact. All funds are provided to the County on a formula basis through the State of California. The State ESG funds are allocated to the State by the U.S. Department of Housing and Urban Development and also from California Budget Bill, SB 837 (Section 72) and then distributed to eligible local Administrative Entities. A portion of the funds are reserved for program administration in the County's Department of Conservation and Development. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/11/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Gabriel Lemus, 925-674-7882 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: C.164 To:Board of Supervisors From:John Kopchik, Director, Conservation & Development Department Date:July 11, 2017 Contra Costa County Subject:Designation of Contra Costa County as an Administrative Entity for the State of California Emergency Solutions Grant Program BACKGROUND: The State of California Department of Housing and Community Development (HCD) administers the Emergency Solutions Grants (ESG) program with funding received from the U.S. Department of Housing and Urban Development (HUD). HCD also receives non-federal ESG funds through California Budget Bill, SB 837 (Section 72). The ESG program provides funding to: (1) engage homeless individuals and families living on the street; (2) improve the number and quality of emergency shelters for homeless individuals and families; (3) help operate these shelters; (4) provide essential services to shelter residents;(5) rapidly re-house homeless individuals and families; and (6) prevent families/individuals from becoming homeless. In 2016, HCD redesigned the State’s ESG program. The redesign intended to accomplish the following: • Align State ESG with local entities' ESG programs and HUD goals; • Increase coordination of State ESG investments with local homelessness systems and investments; • Invest in the most impactful activities based on key performance goals and outcomes; • Shift from an intensive provider competition, in which local providers competed for State ESG funds with other local providers and providers throughout the State, to a much more local competition where the administration of the program is streamlined; • Improve geographic distribution of funding. Under this program design, HCD established a dedicated Continuum of Care allocation and simplified process available to California communities that are able to administer ESG locally. Eligible local government entities can act as Administrative Entities (AE) of State ESG funds in furtherance of these goals. Beginning in 2016, HCD distributed funding for Continuum of Care Service Areas (“or Service Areas”) through two allocations: • Continuum of Care Allocation for Service Areas that contain a city or county that receives ESG directly from HUD; and the • Balance of State Allocation for Service Areas that do not contain a city or county that receives ESG directly from HUD. Contra Costa County's Department of Conservation and Development (DCD) receives ESG funds directly from HUD to administer the County's own ESG Program, so it is an eligible local government entity that can act as an AE of State ESG funds under the State's program redesign. On March 30, 2016, HCD approved DCD as an AE to administer State ESG funds on behalf of the State for the County's Continuum of Care Service Area, which includes all of Contra Costa County, with emphasis on households/residents of the cities of Antioch, Concord, Pittsburg, and Walnut Creek, as required by the State ESG regulations. The other cities in the County, including Richmond, and the unincorporated communities are part of the Urban County and are therefore served by the County's direct ESG grant. As an approved AE, Contra Costa County is eligible to receive up to $492,850 of State ESG funds. A total of $474,758 will be available to eligible agencies/programs that serve and benefit homeless households/residents (including those that are victims of domestic violence and victims of human trafficking) or households/residents that are at risk of becoming homeless. An amount of $15,621 will be available to be used by DCD for program administration as allowed by the State's regulations. State ESG Timeline In order for the County to receive the State ESG allocation, an authorizing resolution approved by the Board of Supervisors along with a list of the agencies/programs recommended to be awarded with these funds must be submitted to HCD by July 17, 2017. In order to meet this deadline, a Notice of Funding Availability/Request For Proposals (RFP) was e-mailed to a county-wide interested parties list and posted to the County's website on October 6, 2016. The RFP deadline was December 12, 2016. A total of seven eligible applications were submitted by the deadline on December 12, 2016. County staff, along with a review sub-committee who are members of the County's Continuum of Care, reviewed the submitted applications and provided their recommendations to the County's Council on Homelessness to consider at its meeting held on July 6, 2017. The finalized list of recommendations must be submitted to HCD by July 17, 2017, for its approval. Once HCD approves the list of agencies to carry out activities using State ESG funds, the State will enter into a Standard Agreement with the County. The Standard Agreement is expected to be executed in November or December 2017 with the agreement having a term ending on October 31, 2019. DCD expects to receive State ESG funds an an annual basis, but enter into bi-annual contracts with the State given that ESG funds have a two-year period to be expended. CONSEQUENCE OF NEGATIVE ACTION: If the County does not submit the authorizing resolution to the State by the deadline on July 17, 2017, the County will not receive an allocation of State ESG funds. CHILDREN'S IMPACT STATEMENT: Most of the programs and activities that will be funded with State ESG funds will address at least one of the five community outcomes established in the Children's Report Card. AGENDA ATTACHMENTS Resolution No. 2017/251 MINUTES ATTACHMENTS Signed Resolution No. 2017/251 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 07/11/2017 by the following vote: AYE: John Gioia Candace Andersen Diane Burgis Karen Mitchoff Federal D. Glover NO: ABSENT: ABSTAIN: RECUSE: Resolution No. 2017/251 IN THE MATTER OF the Board of Supervisors of Contra Costa County consenting to adopt and ratify the following regarding the allocation of the State of California's Emergency Solutions Grant Program funds to Contra Costa County. WHEREAS the State of California (the “State”), Department of Housing and Community Development (“Department”) issued a Notice of Funding Availability (NOFA) for the Continuum of Care Allocation dated June 6, 2017, under the Emergency Solutions Grants (ESG) Program (“Program”); and WHEREAS Contra Costa County Department of Conservation and Development (DCD), is an approved ESG Administrative Entity; and WHEREAS the Department may approve funding allocations for the ESG Program, subject to the terms and conditions of the NOFA, Program guidelines and requirements, and the Standard Agreement and other contracts between Department and ESG grant recipients; NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors as follows: 1. If Contra Costa County DCD receives a grant of funds from Department, it represents and certifies that it will use all such funds in a manner consistent and in compliance with all applicable state, federal, and other statutes, rules, regulations, guidelines and laws (“rules and laws”), including without limitation all rules and laws regarding the ESG Program, as well as any and all contracts Contra Costa County may have with the Department. 2. Contra Costa County DCD is hereby authorized and directed to receive an ESG grant, in an amount not to exceed $492,850 in accordance with all rules and laws. 3. Contra Costa County DCD hereby agrees to use the ESG funds for eligible activities as approved by the Department and in accordance with all Program requirements, and other rules and laws, as well as in a manner consistent and in compliance with the Standard Agreement and other contracts between State ESG Administrative Entity and Department. 4. Mr. John Kopchik, Director - Department of Conservation and Development, or designee(s), are authorized to execute the Standard Agreement and any subsequent amendments or modifications thereto, as well as any other documents which are related to the Program or the ESG grant awarded to State ESG Administrative Entity, as the Department may deem appropriate. Contact: Gabriel Lemus, 925-674-7882 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: 5 C.164 RECOMMENDATION(S): Approve and authorize the Auditor-Controller, or his designee, to pay an amount not to exceed $850,000, to Cross Country Staffing, Inc. for temporary medical staffing services rendered to Contra Costa Regional Medical Center and Health Centers (CCRMC), for the period May 1, 2017 through June 30, 2017. FISCAL IMPACT: This contract is funded 100% Hospital Enterprise Fund I. (No rate increase) BACKGROUND: On April 26, 2016, the Board of Supervisors approved Contract #26-347-27 (as amended by Amendment Agreements #26-347-28, and #26-347-29) with Cross Country Staffing, Inc., for the provision of temporary help services, including radiology technicians, nursing, pharmacy staff and Sexual Assault Nurse Examiners (SANE) services at CCRMC, for the period from July 1, 2016 through June 30, 2017. Approval of this payment will allow the County to pay Contractor for patient care services rendered while the County was meeting and conferring with the union to pursue a new contract beginning July 1, 2017 with APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/11/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Anna Roth, 925-370-5101 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Tasha Scott, Marcy Wilhelm C.165 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:July 11, 2017 Contra Costa County Subject:Payment for services provided by Cross Country Staffing, Inc. BACKGROUND: (CONT'D) significantly reduced services. The Contractor is entitled to payment for the reasonable value of its services under the equitable relief theory of quantum meruit. That theory provides that where a contractor has been asked to provide services without a valid contract, and the contractor does so to the benefit of the County, the Contractor is entitled to recover the reasonable value of those services. Cross Country Staffing, Inc. provided services at the request of the County after the original contract payment limit had been reached. The Department is requesting the amount due the Contractor be paid in an amount not to exceed $850,000 for services rendered from May 1, 2017 through June 30, 2017. CONSEQUENCE OF NEGATIVE ACTION: If this payment is not approved through June 30, 2017, the County cannot pay the Contractor for services provided. RECOMMENDATION(S): RECEIVE Civil Grand Jury Report No. 1711, entitled "Alamo Parks Planning and Development" (attached), and FORWARD to the County Administrator for response. FISCAL IMPACT: No fiscal impact. BACKGROUND: On June 15, 2017 the 2016/17 Civil Grand Jury filed the above referenced report. Per standard procedures, this action alerts the Board of Supervisors that the report has been received and directs appropriate staff to review the report, provide the Board of Supervisors with an appropriate response, and forward that response to the Superior Court no later than September 13, 2017 (90 days). CONSEQUENCE OF NEGATIVE ACTION: No immediate consequence. CHILDREN'S IMPACT STATEMENT: No impact. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/11/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Timothy Ewell, (925) 335-1036 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: C.166 To:Board of Supervisors From:David Twa, County Administrator Date:July 11, 2017 Contra Costa County Subject:Civil Grand Jury Report No. 1711, "Alamo Parks Planning and Development" ATTACHMENTS Civil Grand Jury Report No. 1711, "Alamo Parks Planning and Development" RECOMMENDATION(S): RECEIVE Civil Grand Jury Report No. 1710, entitled "Law Enforcement Use of Force and Mental Health Awareness" (attached), and FORWARD to the County Administrator for response. FISCAL IMPACT: No fiscal impact. BACKGROUND: On June 15, 2017 the 2016/17 Civil Grand Jury filed the above referenced report. Per standard procedures, this action alerts the Board of Supervisors that the report has been received and directs appropriate staff to review the report, provide the Board of Supervisors with an appropriate response, and forward that response to the Superior Court no later than September 13, 2017 (90 days). CONSEQUENCE OF NEGATIVE ACTION: No immediate consequence. CHILDREN'S IMPACT STATEMENT: No impact. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/11/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Timothy Ewell, (925) 335-1036 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: C.167 To:Board of Supervisors From:David Twa, County Administrator Date:July 11, 2017 Contra Costa County Subject:Civil Grand Jury Report No. 1710, "Law Enforcement Use of Force and Mental Health Awareness" ATTACHMENTS Civil Grand Jury Report No. 1710, "Law Enforcement Use of Force and Mental Health Awareness" RECOMMENDATION(S): AUTHORIZE the Conservation and Development Director, or designee, to nominate the following areas in unincorporated Contra Costa County for the Rockefeller Foundation's Resilient by Design challenge: Bay Point, downtown Rodeo, and North Richmond. FISCAL IMPACT: If selected, County staff may be requested to participate in a small number of meetings with outside experts. Costs associated with this nomination and any future meetings are expected to be minimal and accomplished within approved budget levels. BACKGROUND: The Rockefeller Foundation is making a $4.6 million grant to the Resilient by Design challenge. The effort is modeled after projects that the Rockefeller Foundation sponsored in New York and New Jersey after Hurricane Sandy. The program will select ten sites that represent the most vulnerable ecological systems and vulnerable bayfront communities, as well as infrastructure, that are at risk from sea level rise, severe storms, flooding, and earthquakes. Each site will be assigned a design team of architects, engineers, designers, planners, and others, selected through a companion process, that will spend the next year working with key stakeholders and local residents to develop innovative solutions for these communities to address impacts APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/11/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Jody London, 925-674-7871 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: C.168 To:Board of Supervisors From:John Kopchik, Director, Conservation & Development Department Date:July 11, 2017 Contra Costa County Subject:AUTHORIZE Staff to Nominate Four Communities in Unincorporated Contra Costa County for the Resilient by Design Challenge BACKGROUND: (CONT'D) of climate change. Each design team will receive a total of $250,000. Community organizations will have an opportunity to receive funding to participate in the research and design process. So while funds will not come directly to the County, funds will be spent to support climate resiliency in the County. Anyone can nominate a potential site. The deadline for site nominations is July 14. It is staff's understanding that the goal is for nine of the sites to be in each of the nine Bay Area counties, with one additional project. The Adapting to Rising Tides (ART) study completed last year by the Bay Conservation and Development Commission identified potential hazards and vulnerabilities along the Contra Costa County shoreline from Richmond to Pittsburg; a follow-on study of the eastern Contra Costa County shoreline is anticipated, pending a grant from the Delta Stewardship Council to the Bay Conservation and Development Commission. From the ART findings, we have data on physical and social vulnerabilities of shoreline communities to support the site nomination process. Staff recommends that the following sites be nominated for consideration by Resilient by Design: Bay Point; Downtown Rodeo; North Richmond. CONSEQUENCE OF NEGATIVE ACTION: If the Board decides to not nominate potential sites, the County foregoes an opportunity to bring attention and resources to vulnerable communities in the unincorporated areas of the County. RECOMMENDATION(S): ADOPT Resolution No. 2017/252 authorizing the issuance and sale of "Liberty Union High School District General Obligation Bonds, Election of 2016, Series A" in an amount not to exceed $60,000,000 by the Liberty Union High School District on its own behalf pursuant to Sections 15140 and 15146 of the Education Code, as permitted by Section 53508.7(c) of the Government Code. FISCAL IMPACT: There is no fiscal impact to the County. BACKGROUND: The Liberty Union High School District intends to issue General Obligation bonds to fund capital improvements throughout the District. The District has requested that the Board of Supervisors adopt a resolution authorizing the direct issuance and sale of bonds by the District on its own behalf as authorized by Section 15140(b) of the Education Code. The District adopted a resolution on June 21, 2017 authorizing the sale and issuance of the bonds. This issuance was approved by the voters as part of a bond measure listed on the November 8, 2016 ballot. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/11/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Timothy Ewell, 925-335-1036 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: C.169 To:Board of Supervisors From:David Twa, County Administrator Date:July 11, 2017 Contra Costa County Subject:Liberty Union High School District General Obligation Bonds, Election of 2016, Series A CONSEQUENCE OF NEGATIVE ACTION: Without the Contra Costa County Board of Supervisors authorization, the School District will not be able to issue the bonds. CHILDREN'S IMPACT STATEMENT: The recommendation supports the following Children's Report Card outcome: Communities that are Safe and Provide a High Quality of Life for Children and Families. AGENDA ATTACHMENTS Resolution No. 2017/252 District Resolution MINUTES ATTACHMENTS Signed Resolution No. 2017/252 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 07/11/2017 by the following vote: AYE: John Gioia Candace Andersen Diane Burgis Karen Mitchoff Federal D. Glover NO: ABSENT: ABSTAIN: RECUSE: Resolution No. 2017/252 RESOLUTION OF THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY CONSENTING TO AND AUTHORIZING THE LIBERTY UNION HIGH SCHOOL DISTRICT TO ISSUE ITS GENERAL OBLIGATION BONDS, ELECTION OF 2016, SERIES A ON ITS OWN BEHALF RESOLVED by the Board of Supervisors (the "Board") of Contra Costa County (the "County"), State of California: WHEREAS, Sections 53506 et seq. of the California Government Code, including Section 53508.7 thereof, provide that California public school district may issue and sell bonds on its own behalf at private sale pursuant to sections 15140 or 15146 of the California Education Code; WHEREAS, Section 15140(b) of the California Education Code provides that the board of supervisors of county may authorize California public school district in the county to issue and sell its own bonds without the further action of the board of supervisors or officers of the county; WHEREAS, the Board of Trustees of the Liberty Union High School District (the "District"), a public school district under the jurisdiction of the County, has heretofore adopted and filed with the Clerk of this Board, a resolution (the "Bond Resolution") providing for the issuance and sale of its Liberty Union High School District (Contra Costa County, California) General Obligation Bonds, Election of 2016, Series A (the "Series A Bonds"), through negotiated sale pursuant to Sections 53506 et seq. of the California Government Code; and WHEREAS, it has been requested that this Board consent to such issuance of the Series A Bonds and authorize the District to issue and sell the Series A Bonds on its own behalf at negotiated sale pursuant to Sections 15140 or 15146 of the California Education Code as permitted by Section 53508.7 of the California Government Code and the terms set forth in the Bond Resolution; NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County of Contra Costa, State of California, as follows: Section 1. Recitals. All of the foregoing recitals are true and correct. Section 2. Consent and Authorization of Negotiated Sale. This Board hereby consents to and authorizes the issuance and negotiated sale by the District on its own behalf of the Series A Bonds pursuant to Sections 15140 and 15146 of the California Education Code, as permitted by Section 53508.7 of the California Government Code and the terms and conditions set forth in the Bond Resolution. This consent and authorization set forth herein shall only apply to the Series A Bonds. Section 3. Source of Payment. The County acknowledges receipt of the Bond Resolution as adopted and the requests made by the District to levy collect and distribute ad valorem tax revenues pursuant to Section 15250 et seq. of the California Education Code to pay for principal of and interest on the Series A Bonds when and if sold. Correspondingly, and subject to the issuance and sale of the Series A Bonds and transmittal of information concerning the debt service requirements thereof to the appropriate County officers, there shall be levied by the County on all of the taxable property in the District in addition to all 5 other taxes, a continuing direct ad valorem tax annually during the period the Series A Bonds are outstanding commencing with fiscal year 2017-18 in an amount sufficient to pay the principal of and interest on the Series A Bonds when due which tax revenues when collected will be placed in the Debt Service Fund established pursuant to the Bond Resolution and have been irrevocably pledged for the payment of the principal of and interest on the Series A Bonds, when and as the same fall due. The monies in the Debt Service Fund, to the extent necessary to pay the principal of and interest on the Series A Bonds, as the same become due and payable, shall be transferred by the County to the Paying Agent for such bonds to pay the principal of and interest on the Series A Bonds as set out in California law and in the Bond Resolution. Section 4. Approval of Actions. Officers of the Board and County officials and staff are authorized to do any and all things and are hereby authorized and directed jointly and severally to execute and deliver any and all documents which they may deem necessary or advisable in order to assist the District with the issuance of the Series A Bonds and otherwise carry out give effect to and comply with the terms and intent of this Resolution. Such actions heretofore taken by such officers, officials and staff are hereby ratified confirmed and approved. Section 5. Indemnification of County. The County acknowledges and relies upon the fact that the District has represented that it shall indemnify and hold harmless, to the extent permitted by law, the County and its officers and employees ("Indemnified Parties"), against any and all losses, claims, damages or liabilities, joint or several, to which such Indemnified Parties may become subject because of action or inaction related to the adoption of this resolution, or related to the proceedings for sale, award, issuance and delivery of the Series A Bonds in accordance herewith and with the District's resolution and that the District shall also reimburse any such Indemnified Parties for any legal or other expenses incurred in connection with investigating or defending any such claims or actions. Section 6. Limited Responsibility for Official Statement. Neither the Board nor any officer of the County has prepared or reviewed the official statement of the District describing the Series A Bonds (the "Official Statement") and this Board and the various officers of the County take no responsibility for the contents or distribution thereof; provided, however, that solely with respect to a section contained or to be contained therein describing the County's investment policy, current portfolio holdings and valuation procedures, as they may relate to funds of the District held by the County Treasurer-Tax Collector, the County Treasurer-Tax Collector is hereby authorized and directed to prepare and review such information for inclusion in the Official Statement and in a preliminary official statement, and to certify in writing prior to or upon the issuance of the Series A Bonds that the information contained in such section does not contain any untrue statement of material fact or omit to state any material fact necessary in order to make the statements made therein in the light of the circumstances under which they are made not misleading. Section 7. Limited Liability. Notwithstanding anything to the contrary contained herein, in the Series A Bonds or in any other document mentioned herein, neither the County nor the Board shall have any liability hereunder or by reason hereof or in connection with the transactions contemplated hereby and the Series A Bonds shall be payable solely from the moneys of the District available therefore as set forth in the Bond Resolution and herein. Section 8. Effective Date. This Resolution shall take effect immediately upon its passage. Contact: Timothy Ewell, 925-335-1036 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: C.169 RECOMMENDATION(S): ADOPT Resolution No. 2017/253 authorizing the issuance and sale of "Oakley Union Elementary School District General Obligation Bonds, Election of 2016, Series A (2017)" in an amount not to exceed $26,000,000 by the Oakley Union Elementary School District on its own behalf pursuant to Sections 15140 and 15146 of the Education Code, as permitted by Section 53508.7(c) of the Government Code. FISCAL IMPACT: There is no fiscal impact to the County. BACKGROUND: The Oakley Union Elementary School District intends to issue General Obligation bonds to fund capital improvements throughout the District. The District has requested that the Board of Supervisors adopt a resolution authorizing the direct issuance and sale of bonds by the District on its own behalf as authorized by Section 15140(b) of the Education Code. The District adopted a resolution on June 21, 2017 authorizing the sale and issuance of the bonds. This issuance was approved by the voters as part of a bond measure listed on the November 8, 2016 ballot. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/11/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Timothy Ewell, 925-335-1036 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: C.170 To:Board of Supervisors From:David Twa, County Administrator Date:July 11, 2017 Contra Costa County Subject:Oakley Union Elementary School District General Obligation Bonds, Election of 2016, Series A (2017) CONSEQUENCE OF NEGATIVE ACTION: Without the Contra Costa County Board of Supervisors authorization, the School District will not be able to issue the bonds. CHILDREN'S IMPACT STATEMENT: The recommendation supports the following Children's Report Card outcome: Communities that are Safe and Provide a High Quality of Life for Children and Families. AGENDA ATTACHMENTS Resolution No. 2017/253 District Resolution MINUTES ATTACHMENTS Signed Resolution No. 2017/253 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 07/11/2017 by the following vote: AYE: John Gioia Candace Andersen Diane Burgis Karen Mitchoff Federal D. Glover NO: ABSENT: ABSTAIN: RECUSE: Resolution No. 2017/253 RESOLUTION OF THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY CONSENTING TO AND AUTHORIZING THE OAKLEY UNION ELEMENTARY SCHOOL DISTRICT TO ISSUE ITS GENERAL OBLIGATION BONDS, ELECTION OF 2016, SERIES A (2017) RESOLVED by the Board of Supervisors (the “Board”) of Contra Costa County (the “County”), State of California: WHEREAS, sections 53506 et seq. of the California Government Code, including section 53508.7 thereof, provide that California public school district may issue and sell bonds on its own behalf at public sale pursuant to sections 15140 and 15146 of the California Education Code the Education Code; WHEREAS, section 15140(b) of the California Education Code provides that the board of supervisors of county may authorize California public school district in the county to issue and sell its own bonds without the further action of the board of supervisors or officers of the county; WHEREAS, the Board of Trustees of the Oakley Union Elementary School District (the “District”), a California public school district under the jurisdiction of the County, has heretofore adopted and filed with the Clerk of this Board, a resolution (the “District Resolution”) providing for the issuance and sale of its Oakley Union Elementary School District General Obligation Bonds, Election of 2016, Series A (2017), in an amount not to exceed $26,000,000 (the “2016A Bonds”), through competitive sale pursuant to sections 53506 et seq. of the California Government Code; and WHEREAS, it has been requested on behalf of the District that this Board consent to such issuance of the 2016A Bonds and authorize the District to issue and sell the 2016A Bonds on its own behalf at competitive sale pursuant to sections 15140 and 15146 of the California Education Code as permitted by section 53508.7 of the California Government Code and the terms set forth in the District Resolution; NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County of Contra Costa, State of California, as follows: Section 1. Recitals. All of the foregoing recitals are true and correct. Section 2. Consent and Authorization of Competitive Sale. This Board hereby consents to and authorizes the issuance and competitive sale by the District on its own behalf of the 2016A Bonds pursuant to sections 15140 and 15146 of the California Education Code, as permitted by section 53508.7 of the California Government Code and the terms and conditions set forth in the District Resolution. This consent and authorization set forth herein shall only apply to the District Resolution. This consent and authorization set forth herein shall only apply to the 2016A Bonds. Section 3. Source of Payment. The County acknowledges receipt of the District Resolution as adopted and the requests made by the District to levy collect and distribute ad valorem tax revenues pursuant to section 15250 et seq. of the California Education Code to pay for principal of and interest on the 2016A Bonds when and if sold. Correspondingly, and subject to the issuance and sale of the 2016A Bonds and transmittal of information concerning the debt service requirements thereof to the appropriate County officers, there shall be levied by the County on all of the taxable property in the District in addition to all other taxes, a continuing direct ad valorem tax annually during the period the 2016A Bonds are outstanding commencing with fiscal year 5 2017-18 in an amount sufficient to pay the principal of and interest on the 2016A Bonds when due which tax revenues when collected will be placed in the Interest and Sinking Fund of the District, as defined in the District Resolution, which Interest and Sinking Fund has been irrevocably pledged for the payment of the principal of and interest on the 2016A Bonds when and as the same fall due. The monies in the Interest and Sinking Fund, to the extent necessary to pay the principal of and interest on the 2016A Bonds as the same become due and payable, shall be transferred by the County to the Paying Agent, as defined in the District Resolution, as necessary to pay the principal of and interest on the 2016A Bonds as set out in California law and in the District Resolution. Section 4. Approval of Actions. Officers of the Board and County officials and staff are authorized to do any and all things and are hereby authorized and directed jointly and severally to execute and deliver any and all documents which they may deem necessary or advisable in order to assist the District with the issuance of the 2016A Bonds and otherwise carry out give effect to and comply with the terms and intent of this Resolution. Such actions heretofore taken by such officers officials and staff are hereby ratified confirmed and approved. Section 5. Indemnification of County. The County acknowledges and relies upon the fact that the District has represented that it shall indemnify and hold harmless, to the extent permitted by law, the County and its officers and employees (“Indemnified Parties”), against any and all losses, claims, damages or liabilities, joint or several, to which such Indemnified Parties may become subject because of action or inaction related to the adoption of this resolution, or related to the proceedings for sale, award, issuance and delivery of the 2016A Bonds in accordance herewith and with the District’s resolution and that the District shall also reimburse any such Indemnified Parties for any legal or other expenses incurred in connection with investigating or defending any such claims or actions. Section 6. Limited Responsibility for Official Statement. Neither the Board nor any officer of the County has prepared or reviewed the official statement of the District describing the 2016A Bonds (the “Official Statement”) and this Board and the various officers of the County take no responsibility for the contents or distribution thereof; provided, however, that solely with respect to a section contained or to be contained therein describing the County’s investment policy, current portfolio holdings and valuation procedures, as they may relate to funds of the District held by the County Treasurer-Tax Collector, the County Treasurer-Tax Collector is hereby authorized and directed to prepare and review such information for inclusion in the Official Statement and in a preliminary official statement, and to certify in writing prior to or upon the issuance of the 2016A Bonds that the information contained in such section does not contain any untrue statement of material fact or omit to state any material fact necessary in order to make the statements made therein in the light of the circumstances under which they are made not misleading. Section 7. Limited Liability. Notwithstanding anything to the contrary contained herein in the 2016A Bonds or in any other document mentioned herein, neither the County nor the Board shall have any liability hereunder or by reason hereof or in connection with the transactions contemplated hereby and the 2016A Bonds shall be payable solely from the moneys of the District available therefore as set forth in the District Resolution and herein. Section 8. Effective Date. This Resolution shall take effect immediately upon its passage. Contact: Timothy Ewell, 925-335-1036 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: C.170 RECOMMENDATION(S): ACCEPT the Health Services Department's recommendation to reconvene the initial Assisted Outpatient Treatment (AOT) Workgroup with structural changes as developed in collaboration with the Mental Health Commission and outlined in the attached memo and report, and approved by the Family and Human Services Committee. FISCAL IMPACT: There is no fiscal impact. BACKGROUND: At the December 20, 2016 Board of Supervisors meeting, the Board accepted a data report on the 6-month implementation of the County's Assisted Outpatient Treatment program. At this meeting Board direction was given to staff to return to the Family and Human Services Committee meeting with a recommendation on incorporating community input within the implementation model to provide a forum for the Department and members of the community to maintain communications and for the community to express their concerns regarding emergent issues. On March 1, 2017 the Mental Health Commission unanimously approved the attached Workgroup agreement, which was also forwarded on to the Family and Human Services APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/11/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Enid Mendoza, (925) 335-1039 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: C.171 To:Board of Supervisors From:FAMILY & HUMAN SERVICES COMMITTEE Date:July 11, 2017 Contra Costa County Subject:Assisted Outpatient Treatment (Laura's Law) Workgroup Proposal BACKGROUND: (CONT'D) Committee and approved at their April 24, 2017 meeting. Please see the two attachments for additional information as presented to the Family and Human Services Committee meeting, including the AOT Workgroup Plan. ATTACHMENTS BHS Memo Regarding AOT Workgroup Recommendation to FHS AOT Workgroup Agreement 1 |  Page   William B. Walker, M.D. HEALTH SERVICES DIRECTOR Cynthia Belon, L.C.S.W. BEHAVIORAL HEALTH DIRECTOR Contra Costa Behavioral Health Administration 1340 Arnold Drive, Suite 200 Martinez, CA 94553-4639 Ph (925) 957-5201 Fax (925) 957-5156       Recommendation:  The Behavioral Health Division recommends reconvening the initial Assisted Outpatient Treatment  (AOT) Work Group with structural changes.  This recommendation from the Division was developed in  partnership with the Mental Health Commission who unanimously supported the developed  framework.    Background:   Beginning in June 2013 the Board of Supervisors began consideration of whether to develop a program  in the Behavioral Health Division of the Health Services Department that would implement assisted  outpatient treatment options in Contra Costa County.  This item was referred to the Family and Human  Services Committee who accepted the report and recommendation from the Department to pilot an  Assisted Outpatient Treatment program for a period of three years.  The Board of Supervisors  considered the item on October 7, 2014; February 3, 2015 and, on December 15, 2015 the Board  approved continuing implementation and authorized the use $2.25 million per year and directed the  Department to report back to the Board after six months of full implementation.   In keeping with this requirement, the Department contracted with Research Development Associates  (RDA) to provide on‐going evaluation of the newly implemented program.  In December of 2016 RDA  delivered the 6‐month evaluation report through presentations to the Family and Human Services  Committee December 12th, the Mental Health Commission on December 14th, and was placed on the  consent calendar for the December 20th meeting of the Board of Supervisors.  During, and subsequent  to, these presentations, members of the Mental Health Commission identified the need to provide an  opportunity for stake holder feedback and quality improvement during the implementation of the  program.  In light of this request, Supervisor Andersen requested the department develop a  recommendation for an ongoing outlet for community concerns and quality review and return that  recommendation to the Family and Human Services Committee.    Assisted Outpatient Treatment Work Group:  From the beginning of the County’s consideration of AOT, the Assisted Outpatient Treatment Work  Group has played an important role in facilitating stakeholder input through the various stages of  implementation.  This work group was developed by the Behavioral Health Division and consists of  stakeholders including Health Services staff, judicial and public safety partners, community based  organizations as well as members of the community.  As the concept matured, the role of the Work  Group changed as well.  Initially, the Work Group was a source of advocacy to demonstrate the need for  the AOT program in Contra Costa County.   After authorization from the Board of Supervisors, the Work  Group was instrumental as the vehicle to allow stakeholder input with regard to program design and the   2 |  Page   William B. Walker, M.D. HEALTH SERVICES DIRECTOR Cynthia Belon, L.C.S.W. BEHAVIORAL HEALTH DIRECTOR Contra Costa Behavioral Health Administration 1340 Arnold Drive, Suite 200 Martinez, CA 94553-4639 Ph (925) 957-5201 Fax (925) 957-5156       early stages of implementation.  This Work Group last met in April 2016.    The absence of an outlet for stakeholder feedback was of concern to a majority of the Mental Health  Commission, who advanced and approved a proposal to create a Task Force in accordance with the  Mental Health Commission By‐laws.  However the Behavioral Health Director provided an alternate  recommendation that would build on the existing AOT Work Group structure.    Seeking to bridge the gap in these strategies, the Chair and Vice‐Chair of the Mental Health Commission  met with the Behavioral Health Division leadership and formed, in partnership, an agreement as to the  structure and format of a reconstituted AOT Work Group.  This agreement is attached and is supported  by the Behavioral Health Department and was unanimously approved by the Mental Health Commission  on March 1, 2017.  Agreement Outline:  The agreement reached in partnership between the Behavioral Health Division and the Mental Health  Commission makes several structural changes.  Key aspects of the agreement include:   Agreement to using a “steering committee” approach towards agenda setting.  In this model any  member of the community may come to a steering committee prior to the convening of the full  Work Group and propose an agenda item for the next meeting of the Work Group.   Agreement to co‐facilitate.  The first meeting of the work group will be chaired by the  Behavioral Health Director and the Chair of the Mental Health Commission.  This model will  continue with a member of the Behavioral Health staff and a member of the Commission acting  as co‐facilitators for each meeting.   Agreement to hold quarterly meetings.   Agreement to allow for the creation of sub‐work groups should an issue be identified that  requires extra attention.    Maintain existing membership with service provider partners  Conclusion:  The Behavioral Health Division is recommending that the AOT Work Group reconvene under the frame  work outlined in the attached document.   This document is a product of the partnership between the  Behavioral Health Division and the Mental Health Commission.  The Division is pleased with this  partnership and to work under this framework that allows for meaningful exchange of ideas between  service providers, partners and members of the community while allowing for maximum community  participation.         AOT Workgroup Plan On February 3, 2017, the Contra Costa Behavioral Health Services (CCBHS) staff and Chair and Vice-Chair of the Mental Health Commission (MHC) met to work together to define key aspects of the Assisted Outpatient Treatment (AOT) Workgroup. Those present: MHC Chair Duane Chapman and Vice-Chair Barbara Serwin, CCBHS Director Cynthia Belon, Deputy Director Matthew Luu, MHSA Program Manager Warren Hayes, Administrative Services Assistant III Adam Down and MHC Executive Secretary Liza Molina-Huntley. The AOT Workgroup was created to provide input to the AOT Program during its initial design phase. The Workgroup is now evolving as the AOT Program moves into its implementation phase. This document outlines how the Workgroup will be structured and operate during this next phase. This plan will be submitted to the MHC for approval at the full Commission meeting in March. Upon approval from the MHC, the agreement will be submitted to the Board of Supervisor’s Family and Human Services Committee for consideration. Objectives The purpose of the AOT Workgroup is to provide an open forum to enable Workgroup members and the public to voice and address issues pertaining to the AOT Program. This includes problem solving, supporting transparency and accountability, and providing input to major policies and strategies. Constituencies  The broad set of stakeholders from the first phase AOT Workgroup will continue to participate. An inclusive list of stakeholder groups will be provided by CCBHS staff.  Members will be determined by and in accordance with representation of stakeholder bodies. The MHC Chair and CCBHS Director will define the maximum number of members. Meetings  The first meeting will be facilitated by the MHC Chair and CCBHS Director. It will tentatively be held in April, 2017 at 50 Douglas Drive in Martinez.  The first agenda will be set by the MHC Chair and the CCBHS Director.  At the first AOT Workgroup meeting, the MHC Chair and CCBHS Director will solicit input and participation from stakeholders as to protocol for setting future meeting agendas. Input will also be solicited for the selection of person(s) to co-facilitate meetings on a rotation basis, along with the MHC Chair.  Meetings will be held on a quarterly basis.  Sub-committees may be formed to study and/or problem-solve specific issues or challenges that arise from the AOT Program. Input from Workgroup stakeholders will be solicited for determining guidelines for subcommittees.     In Addition  Administrative CCBHS staff will be assigned to provide continuity and support for organizing the meeting, agenda, minutes, postings and copies.  CCBHS will provide a report by Research Development Associates with a summary and evaluation of the AOT Program’s first year of operation; the report is due this spring.  The AOT Workgroup will adhere to the provisions of Better Government Ordinances and the Brown Act. RECOMMENDATION(S): SUPPORT the Stand Down on the Delta for Homeless Veterans to be held August 11-14, 2017 at the Contra Costa County Fairgrounds in Antioch. FISCAL IMPACT: There is no fiscal impact from the recommended action. BACKGROUND: At their May 22, 2017 meeting, the Family and Human Services Committee received a report from the Veterans Service Officer and the Director of the Stand Down on the Delta. They asked for the Committee's support by helping promote this event, which assists homeless veterans at one location with transitional housing opportunities, medical/dental care, legal services, benefits counseling, food, clothing, entertainment and many other services. Please see the attached letter from the Veteran Service Officer and the Stand Down on the Delta brochures and information. CONSEQUENCE OF NEGATIVE ACTION: The Stand Down on the Delta will not receive support from the Board. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/11/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Enid Mendoza, (925) 335-1039 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: C.172 To:Board of Supervisors From:FAMILY & HUMAN SERVICES COMMITTEE Date:July 11, 2017 Contra Costa County Subject:Stand Down on the Delta for Homeless Veterans ATTACHMENTS VSO Memo to F&HS Stand Down on the Delta Tri-fold Guide Stand Down on the Delta Tri-Fold Volunteer Info Delta Veterans Group Poster May 17, 2017 Supervisor John Gioia, District I, Chair Supervisor Candace Andersen, District II, Vice Chair Family and Human Services Committee Stand Down on the Delta for Homeless Veterans Background: The Stand down on the Delta is an extraordinary event serving 350 homeless Veterans and their families from the San Francisco Bay Area. They have an opportunity to receive invaluable and diverse services and care in a safe, secure environment. The goal is to assist homeless veterans to end the cycle of homelessness by bringing into one location transitional housing opportunity, medical/dental care, legal services, benefits counseling, food, clothing, entertainment and many other services. Most important, our participants receive this care in a respectful manner and we let them know they are not forgotten. This event is supported by hundreds of dedicated community volunteers and agencies. Recommendation: The Board of Supervisors endorses and supports the Stand Down on the Delta to be held August 11 through 14, 2017 at the Contra Costa County Fairgrounds, Antioch, CA. As a volunteer and member of the Executive Board for Stand Down on the Delta, I am pleased to present the opportunity to discuss an event that has a strong positive effect on our community. J.R. Wilson, Board Chairman, is with us today and would like to make a few comments. Thank you for your support on this worthy endeavor! Nathan D. Johnson County Veterans Service Officer August 11-14 2017 Private $1-49 Corporal $50-99 Sergeant $100-199 Sergeant First Class $200-299 First Sergeant $300-399 Command Sergeant Major $400-499 Tent Sponsor $500-999 Brigadier General $1,000-2,499 Major General $2,500-4,499 Lieutenant General $4,500-9,999 General (Event Sponsor) $10,000+ Thank you for your contribution to Delta Veterans Group. Your support will help our veterans in the most need and their families make the toughest transition of their lives. Delta Veterans Group is a 501(c)(3) nonprofit organization, Tax ID #46-2650624. Your contribution is tax-deductible to the extent allowed by law. Please mail to: Delta Veterans Group P.0. Box 1692Pittsburg, CA 94565 Or Antioch VFW 815 Fulton Shipyard Rd Antioch, CA 94509 C/O Stand Down on the Delta Contra Costa County Homeless Veterans Stand Down DVG is undertaking again the challenge of bringing Contra Costa Counties Homeless Veterans “Stand Down on the Delta, 2017” August 11-14, 2017 at the Contra CostaFairgrounds in Antioch, CA. DVG is a501 (c) 3 nonprofit organization in itsfourth year of operation, and isstaffed 100% by volunteers whoprovide services to veterans from allover the Bay Area at our location ineast Contra Costa County. It isestimated that between 1,500 and2,000 volunteers will participate inthe Stand Down on the Delta 2017, tohelp serve our Veterans, who havesacrificed and served us all.This Stand Down comes at a critical time for Contra Costa County, as nonprofits serving Veterans such as Delta Veterans Group, corporations and businesses, foundations, the faith community, County Health Services, the Veterans Administration, local hospitals, law enforcement, and other sectors dealing with homeless persons come together as a part of an attempt to end veteran homelessness. Contra Costa County’s BI-ANNUAL “Stand Down on the Delta” is a key vehicle to drive this effort. I’m sure you know that there is a disproportionately large percentage of Veterans in the homeless population, and homeless female Veterans are growing in number as their representation in the military has increased in recent years. But it doesn’t have to be this way, and you can be a vital part of the solution here in Contra Costa County in 2016-2017 as a Donor or Sponsor of Stand Down on the Delta, 2017. Stand Down on the Delta Overview DVG Board members and volunteers have participated in numerous Stand Down events in the Bay Area over past years, and will be bringing experience, best practices, and key skills to the implementation of Stand Down on the Delta in 2017. Planning for the Stand Down has been ongoing during the past year. The event will integrate personal health and wellness care with housing, employment, legal and a myriad of support services, enlivened by bands and recreation opportunities for not only the men and women who are veterans, but for their families as well. Based on the number of attendees at regional Stand Downs in the Bay Areas and Central California, and given that this Stand Down will occur on the “off year” of the East Bay Stand Down, DVG is anticipating 400 veterans will be attending. However we are planning for 450 participants so that no one will have to be turned away. DVG expects to serve single male and female Veterans, as well as dependents (spouses and children). Women Vets will have their own tent. dependents and children will have separate, fenced accommodations, as well as services and activities for each group. DVG will be serving both VA eligible and ineligible veterans at this event. VA eligibility will be ascertained through preregistration information obtained, and DD 214 status will be verified by the Veterans Administration and County Veterans Services. Veterans meeting VA eligibility criteria will receive VA medical and other services. Veterans not meeting the VA standards of eligibility will receive services from the Contra Costa County Health Care for the Homeless Team. Some of the Services Available at Stand Down Are: • COMPLETE MEDICAL • TRANSITIONAL HOUSING • MENTAL HEALTH • COURT/LEGAL SERVICES • DMV I.D. SERVICES • SUBSTANCE ABUSE ASSISTANCE ON-SITE PET CARE • EMPLOYMENT SERVICES • VETERANS BENEFITS • WELLNESS & CHAPLAIN SERVICES • MEALS/ CLOTHING/ HYGIENE • LIVE MUSIC ENTERTAINMENT • stand down on the delta 2017for Homeless and at risk Veteran’sAugust 11-14, 2017Contra Costa Fairgrounds DELTAVETERANSGROUP.ORG P.O. BOX 1692 PITTSBURG , CA 94565 DeltaVeteransGroup http://www.deltaveteransgroup.org Stand Down on the Delta is a bi-annual, four-day encampment for homeless and/or at-risk Veterans to come together and receive support from their communities. While at Stand Down, veterans are provided with court and legal services, DMV, addiction counseling, clothing, food, shelter, hygiene services, wellness, medical, dental and a goal of Delta Veterans Group in hosting the Stand Down on the Delta event is to treat the Veteran participants with respect and dignity, as well as honoring our female Veterans and families of the Veterans. Our Nation’s Veterans have made the ultimate sacrifices for our freedoms, which is why we strive to make Stand Down on the delta “All about the Veteran”. Please visit www.deltavetransgroup.org for more information on how you can contribute to our Nation’s fine Men and Women Veterans of the United States Armed Forces. [Volunteers needed][Volunteers needed] Registration open March 23rd - August 7th Planning meetings are at 7pm on the 1st Thursday of the month Location: Antioch Veterans Memorial Bldg, 403 W 6th st Antioch, CA RECOMMENDATION(S): ACCEPT the report from the Health Services Department on the first 11 months of Laura's Law - Assisted Outpatient Treatment implementation for the period February through December 2016, as recommended by the Family and Human Services Committee. FISCAL IMPACT: There is no fiscal impact. BACKGROUND: AOT Historical Information The Assisted Outpatient Treatment Demonstration Project Act (AB 1421), known as Laura’s Law, was signed into California law in 2002 and is authorized until January 1, 2017. Laura’s Law is named after a 19 year old woman working at a Nevada County mental health clinic. She was one of three individuals who died after a shooting by a psychotic individual who had not engaged in treatment. AB 1421 allows court-ordered intensive outpatient treatment called Assisted Outpatient Treatment (AOT) for a clearly defined set of individuals that must meet specific criteria. AB 1421 also specifies which individuals may request the County Mental Health Director to file a petition with the superior court for a hearing to determine if the person should be court ordered to receive the services specified under the law. The County Mental Health Director or his licensed designee is required to perform a clinical investigation, and if the request is confirmed, to file a petition to the Court for AOT. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/11/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Enid Mendoza, (925) 335-1039 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: C.173 To:Board of Supervisors From:FAMILY & HUMAN SERVICES COMMITTEE Date:July 11, 2017 Contra Costa County Subject:Assisted Outpatient Treatment (Laura's Law) Update Report If the court finds that the individual meets the statutory criteria, the recipient will be provided intensive community treatment services and supervision by a multidisciplinary team of mental health professionals with staff-to-client rations of not more that 1 to 10. Treatment is to be client-directed and employ psychosocial rehabilitation and recovery principles. The law specifies various rights of the person who is subject of a Laura’s Law petition as well as due process hearing rights. If a person refuses treatment under AOT, treatment cannot be forced. The Court orders meeting with the treatment team to gain cooperation and can authorize a 72 hour hospitalization to gain cooperation. A Laura’s Law petition does not allow for involuntary medication. AB 1421 requires that a county Board of Supervisors adopt Laura’s Law by resolution to authorize the legislation within that county. AB 1421 also requires the Board of Supervisors to make a finding that no voluntary mental health program serving adults or children would be reduced as a result of implementation. At its June 3, 2013 meeting, the Legislation Committee requested that this matter be referred to the Family and Human Services Committee (F&HS) for consideration of whether to develop a program in the Behavioral Health Division of the Health Services Department that would implement assisted outpatient treatment options here in Contra Costa County. On July 9, 2013, the Board of Supervisors referred the matter to F&HS for consideration. F&HS received reports on the implementation of Laura's Law on October 16, 2013 and March 10, 2014, and on February 3, 2015 the Board accepted the recommendations to implement Laura's Law. In February 2016, Laura's Law was implemented and the Department provided F&HS with a 6-month implementation report on September 12, 2016 and a data report on the 6-month implementation on December 12, 2016. Both reports were accepted by the Board on September 27, 2016 and December 20, 2016, respectively. BACKGROUND: (CONT'D) Update and Report on AOT Implementation In an effort to maintain ongoing communications with F&HS and the Board, the Health Services Department, in partnership with Resource Development Associates, presented to F&HS at their May 22, 2017 meeting the attached 2017 report and summary for the California Department of Health Care Services. This report covers the County's first 11 months (February - December 2016) of Laura's Law AOT implementation. The Department plans to return to F&HS and the BOS later in the year, likely in September or October, to provide implementation data for the period July 1, 2016 - June 30, 2017. CONSEQUENCE OF NEGATIVE ACTION: The Board will not accept the report on the first 11 months of implementation. ATTACHMENTS 2017 DHCS AOT Report Summary 2017 DHCS AOT Full Report Contra Costa County Behavioral Health Services Assisted Outpatient Treatment Program – 2017 DHCS Report Summary May 11, 2017 | 1 What is ACT? ACT is an evidence-based behavioral health program for people with serious mental illness who are at-risk of or would otherwise be served in institutional settings such as a hospital or jail, or experience homelessness. Contra Costa County A ssisted O utpatient Treatment – 2017 DHCS Report Summary Background On February 5, 2015, the Contra Costa County Board of Supervisors adopted a resolution to authorize the implementation of AOT in accordance with the Welfare and Institutions Code, Sections 5345-5349.5. Figure 1 below shows the implementation timeline of AOT in Contra Costa County. Figure 1. Contra Costa County AOT Program Implementation Timeline The County has designed an AOT program model that exceeds AB 1421 requirements and responds to the needs of its communities. CCHBS and Mental Health Systems (MHS) collaborate as the Care Team to conduct investigation, outreach, and engagement activities. MHS provides Assertive Community Treatment (ACT) services for individuals enrolled in ACT. When implemented to fidelity, ACT produces reliable results for consumers, including decreased negative outcomes, such as hospitalization, incarceration, and homelessness, and improved psychosocial outcomes, such as increased life skills and involvement in meaningful activities. This summary reports on the activities and outcomes of the first 11 months of AOT implementation and ACT service provision in Contra Costa County (February 1, 2016 – December 31, 2016). Methodology RDA worked with CCBHS, MHS, and other County partners to gather a variety of data, as shown in Table 1. RDA matched clients across a number of County and MHS data sources and utilized descriptive Contra Costa County Behavioral Health Services Assisted Outpatient Treatment Program – 2017 DHCS Report Summary May 11, 2017 | 2 32 Enrolled in ACT 29 enrolled voluntarily 2 enrolled with settlement agreement 1 enrolled with court order 62 Individuals Received Outreach and Engagement 32 enrolled in ACT 10 still receiving outreach and engagement 20 closed by CCBHS 189 Referrals Investigated 65 eligible for AOT 100 ineligible/unavailable 24 still being investigated statistics (e.g., frequencies, mean, median, and mode) for all analyses to describe the data and highlight pre- and during-enrollment outcomes, wherever appropriate. Table 1. Evaluation Data Sources Source Data Elements CCBHS Referral and investigation information Service utilization data for all specialty mental health services provided or paid for by CCBHS, including ACT Consumers’ mental health diagnoses and substance abuse MHS Outreach and engagement encounters Clinical assessments/outcomes Homelessness, criminal justice involvement, and employment outcomes (FSP PAF, KET, and 3M assessments) RDA-facilitated focus groups with ACT consumer and family focus groups (August 26, 2016) Pre-Enrollment In the first 11 months of implementation, Contra Costa County received 189 total referrals for AOT from all categories of potential qualified requestors, with the majority (64%, n = 121) made by family members. 65 eligible consumers were referred to MHS for outreach and engagement services. 24 were still under investigation to determine their eligibility. 100 consumers were either unavailable (i.e., the qualified requestor withdrew the request or could not be reached; the consumer could not be found, was hospitalized, or incarcerated; or the consumer re- engaged in other FSP services) or they did not meet AOT eligibility criteria. Figure 2. Consumer Progress from Referral through ACT Enrollment Contra Costa County Behavioral Health Services Assisted Outpatient Treatment Program – 2017 DHCS Report Summary May 11, 2017 | 3 Of the 65 referrals, there were 62 unique consumers. They received intense outreach and engagement services from the ACT team, with the goal of connecting consumers and their families to voluntary mental health services (see Enrollment Period Contra Costa County is reaching the identified target population for ACT. The majority are White (59%) or Black/African American (25%) and are individuals with a psychotic disorder (75%). Of the consumers for whom there was data (n = 29), 83% (n = 24) were unemployed between four and 12 months prior to enrolling in ACT and 93% (n = 27) were unemployed when they were enrolled in ACT services. The majority of consumers with data (66%, n = 19) received supplemental security income in the 12 months before ACT enrollment and when they enrolled in ACT. ). Enrollment Period Contra Costa County is reaching the identified target population for ACT. Characteristic % (N) Gender Male 50% (16) Female 50% (16) Race/Ethnicity Black/African American 25% (8) Hispanic 16% (5) White/Caucasian 59% (19) Primary Diagnosis Psychotic Disorder, including schizophrenia and schizoaffective disorders 75% (24) Mood Disorder, including depressive and bipolar disorders 19% (6) Other 6% (2) Substance Use Consumers with a substance use diagnosis 30% (10) Consumers without a substance use diagnosis 70% (22) Characteristic % (N) Gender Male 50% (16) Female 50% (16) Race/Ethnicity Black/African American 25% (8) Hispanic 16% (5) White/Caucasian 59% (19) Primary Diagnosis Psychotic Disorder, including schizophrenia and schizoaffective disorders 75% (24) Contra Costa County Behavioral Health Services Assisted Outpatient Treatment Program – 2017 DHCS Report Summary May 11, 2017 | 4 Table 4. ACT Service Engagement (N = 31) Table 2. ACT Consumer Characteristics (N = 32) Characteristic % (N) Gender Male 50% (16) Female 50% (16) Race/Ethnicity White/Caucasian 59% (19) Black/African American 25% (8) Hispanic 16% (5) Primary Diagnosis Psychotic Disorder, including schizophrenia and schizoaffective disorders 75% (24) Mood Disorder, including depressive and bipolar disorders 19% (6) Other 6% (2) Substance Use Consumers with a substance use diagnosis 30% (10) Consumers without a substance use diagnosis 70% (22) Table 3. ACT Consumer Characteristics The majority are White (59%) or Black/African American (25%) and are individuals with a psychotic disorder (75%). Of the consumers for whom there was data (n = 29), 83% (n = 24) were unemployed between four and 12 months prior to enrolling in ACT and 93% (n = 27) were unemployed when they were enrolled in ACT services. The majority of consumers with data (66%, n = 19) received supplemental security income in the 12 months before ACT enrollment and when they enrolled in ACT. The ACT team is providing intensive services to consumers. From February through December 2016, 31 consumers were enrolled in and receiving ACT services for an average of 158 days.1 The majority (94%, n = 29) of consumers adhered to treatment, which means they received at least one face-to-face contact from MHS staff per week. While enrolled in ACT, consumers received an average of 31 service encounters per month. 1 One consumer who enrolled at the conclusion of the evaluation period had not yet received any ACT services and was not included in the following analyses. Mood Disorder, including depressive and bipolar disorders 19% (6) Other 6% (2) Substance Use Consumers with a substance use diagnosis 30% (10) Consumers without a substance use diagnosis 70% (22) Average Range Length of ACT Enrollment 158 days 15 – 302 days Frequency of ACT Service Encounters 31 encounters per month 3 – 104 encounters per month Intensity of ACT Services Encounters 54 minutes 1 – 422 minutes Contra Costa County Behavioral Health Services Assisted Outpatient Treatment Program – 2017 DHCS Report Summary May 11, 2017 | 5 Encounters lasted an average of 54 minutes per encounter. Encounters per month varied across consumers, from three to 104 encounters per month. Contra Costa County Behavioral Health Services Assisted Outpatient Treatment Program – 2017 DHCS Report Summary May 11, 2017 | 6 The majority of consumers experienced fewer psychiatric hospitalizations and crisis episodes during ACT, although a subset of consumers continues to experience hospitalization. As depicted in Figure 3, high levels of hospitalization and crisis episodes among a small subset of consumers resulted in slightly inflated averages of both outcomes during enrollment. Figure 3. Consumer Crisis Episodes and Hospitalizations before and during ACT A small subset of consumers is continuing to experience criminal justice involvement after ACT enrollment. Given limitations to self-reported criminal justice data, RDA reports on consumers’ arrests and incarcerations during ACT enrollment. As with hospitalizations and crisis episodes, a few consumers with high levels of justice involvement resulted in slightly inflated averages. Consumers who were arrested and then incarcerated during ACT (23%, n = 7) were arrested and incarcerated at a rate of 4.13 times every 180 days. The length of consumers’ incarcerations ranged between one and 19 days, for an average of 17 days per incarceration. Consumer Crisis Episodes and Hospitalizations Before ACT •97% (n = 30) had at least one crisis episode before ACT enrollment 3.31 episodes per 180 days for an average 1 day per episode •74% (n = 23) were hospitalized at least once during the 36 months prior to enrollment 1.07 hospitalizations per 180 days for an average 7 days per episode Consumer Crisis Episodes and Hospitalizations During ACT •63% (n = 19) of those with an episode before ACT experienced a crisis episode during ACT 0.53 episodes per 180 days for an average 1 day per episode •30% (n = 7) of the 23 hospitalized prior to ACT were hospitalized during ACT 2.86 hospitalizations per 180 days for an average 11 days per episode Contra Costa County Behavioral Health Services Assisted Outpatient Treatment Program – 2017 DHCS Report Summary May 11, 2017 | 7 6 consumers obtained housing •23% of consumers who were not housed before ACT obtained housing while enrolled 7 consumers maintained housing •27% of consumers who were housed before ACT continued to maintain housing while enrolled 13 consumers were not stably housed •12% of consumers were housed before ACT but did not maintain housing during ACT •38% of consumers were not housed before or during ACT enrollment Table 5. Average Change in Social Function and Life Skills Domains (N = 13) Half of consumers were in stable housing at the conclusion of the evaluation period. Figure 4 reports the housing status of consumers during ACT. Self-reported housing data from before and during ACT were available for 26 consumers. Figure 4. Summary of ACT Consumers’ Housing during ACT (N = 13) Consumers experienced positive changes in their life skills, relationships with friends and family, and community involvement. The Self Sufficiency Matrix (SSM) was used to assess consumers’ social functioning and independent living. The SSM consists of 18 domains scored on a scale of one (“in crisis”) to five (“thriving”). Intake data were available for just over half (56%, n = 18) of the ACT consumers, 13 of whom also had a reassessment. According to the SSM scoring, consumers on average: Met most of their daily living needs without assistance (life skills) Maintained some support from family and friends (family and social relationships). Still lacked knowledge of ways to become involved in their community. Additionally, nine consumers utilized the employment services provided by the ACT. Services included: support developing résumés, searching for job openings, preparing for interviews, and submitting applications. Overall, consumers and their family members are satisfied with the ACT program. While there is room for program improvement (e.g., providing additional opportunities for meaningful activity engagement, family support, and housing assistance), consumers and their families are pleased with the professionalism of the ACT team, the opportunities for self-determination and decision-making, and the team’s comprehensive approach to services. As Contra Costa County’s AOT program matures, and larger numbers of consumers enroll in the program for longer periods, future reports will include additional information on consumers’ outcomes and allow for more advanced statistical analyses to be utilized in order to better explore changes in Contra Costa County’s ACT consumer outcomes over time. Domain Average Change Life Skills 1.42 Family and Social Relationships 1.08 Community Involvement 1.67 Contra Costa County Behavioral Health Services Assisted Outpatient Treatment Program – 2017 DHCS Report Summary May 11, 2017 | 8 Evaluation Next Steps RDA will conduct the following next steps for its evaluation of the Contra Costa County AOT program: ACT Fidelity Assessment o ACT Fidelity Assessment Activities: July 2017 o ACT Fidelity Assessment Report: August 2017 Evaluation Report o Data collection and analysis: June – August 2017 o AOT Evaluation Report (July 1, 2016 – June 30, 2017): September 2017 o Presentations of Evaluation Report findings: October-November 2017 2018 DHCS Report o Data collection and analysis: December 2017 – February 2018 o DHCS Report (January 1, 2017 – December 31, 2017): March 2018 o Presentation of DHCS report findings: April – May 2018 RECOMMENDATION(S): RECEIVE Civil Grand Jury Report No. 1708, entitled "Animal Shelter Services in Antioch and Contra Costa County" (attached), and FORWARD to the County Administrator for response. FISCAL IMPACT: No fiscal impact. BACKGROUND: On June 13, 2016, the 2016/17 Civil Grand Jury filed the above referenced report. Per standard procedures, this action alerts the Board of Supervisors that the report has been received and directs the appropriate staff to review the report, provide the Board of Supervisors with an appropriate response, and forward that response to the Superior Court no later than September 11, 2017 (90 days). CONSEQUENCE OF NEGATIVE ACTION: No immediate consequence. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/11/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Enid Mendoza, (925) 335-1039 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: C.174 To:Board of Supervisors From:David Twa, County Administrator Date:July 11, 2017 Contra Costa County Subject:Civil Grand Jury Report No. 1708: Animal Shelter Services in Antioch and Contra Costa County ATTACHMENTS Grand Jury Report No. 1708 Contra Costa County 2016-2017 Grand Jury Report 1708 Page 1 Grand Jury Reports are posted at http://www.cc-courts.org/grandjury Contact: Jim Mellander Foreperson 925-608-2621 Contra Costa County Grand Jury Report 1708 Animal Shelter Services in Antioch and Contra Costa County TO: The Antioch City Council and the County Board of Supervisors SUMMARY For years, the City of Antioch’s (City) Animal Shelter (Shelter) has grappled with animal overpopulation and its ability to provide the animals with basic care. Some citizens have voiced concerns that the Shelter is providing substandard care for the animals. The Citygate report in 2009, commissioned by the Antioch City Council (Council), and the UC Davis Veterinary Department report in 2014, commissioned by the Shelter, generated recommendations to improve Shelter operations and animal care. In September 2016, the Council authorized a Memorandum of Understanding (MOU) with Tony La Russa’s Animal Rescue Foundation (ARF). Pursuant to the MOU, ARF agreed to provide one year of free training to improve Shelter operations. On February 14, 2017, the Council confirmed its commitment to fund the changes initiated by ARF. This Shelter has a history of animal overpopulation. People who are not Antioch residents often leave animals at the Antioch Shelter rather than driving them to a County shelter in Martinez or Pinole. Therefore, the Grand Jury recommends that the County and Shelter enter into an agreement for the County to pick up and transport those animals that are left by non-Antioch residents to a County shelter. The Grand Jury also recommends that the City hire an Animal Services Director with a background in animal shelter management to continue oversight of the ARF changes and management of the Shelter. Finally, the Grand Jury recommends that the Council select a formal community-based Animal Advisory group to monitor animal welfare and Shelter conditions and to provide regular reports to the Council regarding same. Contra Costa County 2016-2017 Grand Jury Report 1708 Page 2 Grand Jury Reports are posted at http://www.cc-courts.org/grandjury METHODOLOGY In the course of its investigation, the Grand Jury: • Conducted an unannounced site visit to the Shelter • Toured the Contra Costa County animal shelter in Martinez • Reviewed the 2009 Citygate report, the 2012 Grand Jury report, and the 2014 UC Davis Veterinary report • Interviewed City and County officials, representatives from rescue organizations, concerned citizens, Shelter staff, the Shelter veterinarian, and representatives of the Antioch Police Department • Reviewed Council meetings and related documents BACKGROUND In 1978, voters in Antioch approved ballot Measure A that established a city animal shelter. Antioch is the only city in Contra Costa County with its own Shelter. All other cities and unincorporated areas within the County receive animal services from Contra Costa County Animal Shelters in Martinez and Pinole. The Shelter operates under the supervision of the Antioch Police Department and is located adjacent to it. The Shelter, which was built in 1991, has not been updated since it opened. It has limited space for animals and staff. In 2009, the City paid for the Citygate report, which recommended numerous changes and improvements. A 2012 Grand Jury report and a 2014 UC Davis Veterinary report also made recommendations for Shelter improvements. The current Grand Jury determined that few, if any, of the recommendations from these three reports have been implemented. In the spring of 2016, citizens, animal advocates, and rescue groups spoke at various City Council meetings. They cited sub-standard Shelter conditions and poor animal treatment. In June 2016, the Council approved funds to hire four part-time Animal Care Attendants (ACA) and one Office Assistant for the 2016-17 fiscal year. The Council also directed Shelter staff to explore opportunities to further improve the Shelter. In September 2016, the Council and ARF executed an MOU to provide staff and volunteers with kennel maintenance and animal handling training at no cost to the Shelter. ARF also provided the Antioch Police Department with recommendations for Shelter improvements. In February 2017, the Council approved the Antioch Animal Shelter Staff Report. This report recommended hiring a veterinarian to work 24 hours per week and a full-time Vet Technician. The Council agreed to provide permanent funding for the new hires and other recommended improvements by ARF. Contra Costa County 2016-2017 Grand Jury Report 1708 Page 3 Grand Jury Reports are posted at http://www.cc-courts.org/grandjury DISCUSSION Shelter Capacity and Staffing The population of the City, as well as east Contra Costa County generally, has increased since 1991. During this time, there have been no corresponding improvements to increase animal accommodations at the Shelter. The County does not operate an animal shelter in east County, which includes Antioch and the unincorporated areas and cities surrounding Antioch. As the following chart shows, the Antioch Shelter takes in twice as many animals per capita as other shelters in Contra Costa and Alameda counties. Based on the “Guidelines for Standards of Care in Animal Shelters” (Guidelines), authored by the Association of Shelter Veterinarians, the Shelter has fewer staff that provide daily animal care than recommended. One part-time Animal Care Attendant (ACA), working four hours per day, can provide care for eight to nine animals per day. With ten part-time ACAs, the Shelter can care for approximately 85 animals per day. The Shelter can house 101 animals. Based on its capacity, the Shelter needs 12 part- time ACAs to care for its animals when the Shelter is full. Between September 2015 and September 2016, the Shelter housed from 120 to 270 animals a day. This means that the animals received ten or fewer minutes of care per day from the ten part-time ACAs, which is below the recommended standard of care. Antioch Animal Shelter Capacity Animals Average Population 2016 Humane Capacity 2017 Cats 94 46 Dogs 102 55 Total 196 101 Contra Costa County 2016-2017 Grand Jury Report 1708 Page 4 Grand Jury Reports are posted at http://www.cc-courts.org/grandjury Photos and Shelter Hours Affect Shelter Costs The Shelter keeps animals longer than other shelters. It could reduce the time that animals spend in the Shelter if it posted photos of found animals or animals available for adoption or rescue to its website. The comparatively long retention times impact the cost of feeding, treating, and housing the animals. The Shelter has limited hours. It is closed evenings, Sundays and Mondays and Tuesdays following a holiday. This creates limited opportunities for animals to be claimed, adopted, or rescued. This also impacts the costs associated with running the Shelter. Shelter Administration Challenges Currently, the Shelter is overseen by a police lieutenant, with no animal shelter or management experience, who spends about twenty percent of the time in this role. A Shelter Supervisor spends most of the day providing animal care, handling adoptions, and rescues. This leaves little time to train or supervise staff. The Shelter lacks written policies and procedures regarding animal care to help new hires or volunteers become familiar with Shelter operations. As a possible result, the Shelter experiences high staff turnover. Hiring replacement staff takes time because both paid and volunteer staff must undergo police background checks. Part-time ACAs are paid $12.00 per hour and receive no benefits. While the Shelter has a list of approximately 40 volunteers to help with routine tasks such as grooming, cleaning and dog walking, it has only 10 - 12 volunteers who can be counted on to work regularly. If more volunteers were available, the Shelter ACA’s workload could be shared with some of the volunteers and, as a result, the animals would receive the amount of care and time recommended by the Guidelines. The Shelter has not fully implemented Chameleon software, a frequently-used animal shelter management tool. Because Shelter staff has not been trained, the number of animals taken in, housed, adopted, rescued, euthanized, medicated and fed is not documented or tracked by this system. Animal Advocate Concerns There is no formal community-based oversight committee that regularly visits and monitors animal welfare and Shelter conditions and provides regular reports regarding same to the Council. Some animal advocates and rescue groups have had difficulty establishing collaborative relationships with the Shelter. Contra Costa County 2016-2017 Grand Jury Report 1708 Page 5 Grand Jury Reports are posted at http://www.cc-courts.org/grandjury ARF Assistance The Council and ARF entered into a one-year agreement to bring the Shelter up to the standards set forth in the Guidelines. ARF is providing: staff, a mobile animal clinic, and funds to improve Shelter staffing, medical treatment, intake management, pet retention strategies, volunteer and foster programs, housing, animal management, sanitation, spaying and neutering, outcome tracking, record keeping, and adoption processes. To make these improvements, ARF is providing veterinary care in the Shelter with a part-time (24 hours a week) veterinarian and a full-time Vet Tech. Additionally, ARF is paying for all capital improvements necessary to bring the Shelter clinic and surgery suite up to Guideline standards. Lack of County Animal Shelter in East County The Shelter only takes animals from residents of Antioch. All surrendered animals are documented, with proof of residency. Therefore, people from other cities and unincorporated areas who are aware of this requirement often abandon animals when the Shelter is closed. Animals are thrown over the fence or found tied to trees and the fence surrounding the Shelter. Treating and feeding these animals adds to the cost of running the Shelter. There is no agreement between the Shelter and the County that requires County Animal Control Officers to pick up and transport animals from other cities and unincorporated areas to a County shelter. FINDINGS F1. The Shelter has made improvements based on ARF recommendations. F2. The Shelter requires additional funds to implement the changes recommended by ARF. F3. The Shelter is not open to the public after 5:00 p.m. F4. The Shelter currently lacks a Rescue and Volunteer Coordinator. F5. Based on the “Guidelines for Standards of Care in Animal Shelters,” authored by the Association of Shelter Veterinarians, the Shelter lacks enough ACAs and volunteers to help with the current population of animals. F6. The Shelter does not have written policies and procedures regarding animal care. F7. The Shelter lacks a Director of Animal Services. F8. The Shelter does not use the Chameleon software program to document the cost of running the Shelter. Contra Costa County 2016-2017 Grand Jury Report 1708 Page 6 Grand Jury Reports are posted at http://www.cc-courts.org/grandjury F9. The Shelter website does not feature photos of found animals or animals available for adoption or rescue. F10. The County does not operate an animal shelter in east County. F11. People from cities, other than Antioch, drop off animals at the Shelter rather than driving them to a County shelter. F12. The County and the Shelter do not have an agreement that the County will pick up and transport animals left by non-Antioch residents to a County shelter. F13. No formal community-based advisory group monitors animal welfare or Shelter conditions and provides reports to the Council regarding same. RECOMMENDATIONS R1. The Council should consider finding sustainable funding for all of the changes recommended by ARF to the Shelter, including those that the Shelter has already implemented. R2. The Council should consider staggering the Shelter’s hours of operation to include evening hours one day per week to permit those with daytime commitments the opportunity to visit the Shelter. R3. If no qualified Antioch Shelter volunteer is available for this position, the Council should consider identifying funds to create a new position for a Volunteer/Rescue Coordinator. R4. The Council should consider directing the Shelter to develop and implement strategies to enlist more volunteers. R5. The Council should consider directing the Shelter to establish written policies and procedures consistent with those used by ARF regarding animal care. R6. The Council should consider authorizing the Shelter to hire an experienced full- time Director of Animal Services and identify the funds to do so. R7. The Council should consider requiring all permanent staff be fully trained on Chameleon software as soon as reasonably possible. R8. The Shelter should consider posting photos of all animals on its website within 24 hours of intake. R9. The County Board of Supervisors should consider funding a study to examine the feasibility of establishing a County animal shelter in east County. Contra Costa County 2016-2017 Grand Jury Report 1708 Page 7 Grand Jury Reports are posted at http://www.cc-courts.org/grandjury R10. The County Board of Supervisors and the Antioch City Council should consider negotiating an MOU whereby the Shelter agrees to accept all animals. Those that are identified as non-city of Antioch animals should be regularly picked up and transported to a County Shelter by County Animal Control Officers. R11. The Council should consider directing the Shelter to collaborate with all accredited rescue groups to maximize rescues and adoptions. R12. The Council should consider authorizing the selection of an independent community-based animal advisory group to routinely visit the Shelter to monitor animal welfare and Shelter conditions. REQUIRED RESPONSES Findings Recommendations Contra Costa County Board of Supervisors F10 to F12 R9 and R10 Antioch City Council F1 to F13 R1 to R8 and R10 to R12 These responses must be provided in the format and by the date set forth in the cover letter that accompanies this report. An electronic copy of these responses in the form of a Word document should be sent by e-mail to ctadmin@contracosta.courts.ca.gov and a hard (paper) copy should be sent to: Civil Grand Jury – Foreperson 725 Court Street P.O. Box 431 Martinez, CA 94553-0091 RECOMMENDATION(S): ADOPT Resolution No. 2017/257 authorizing the issuance and sale of "Pittsburg Unified School District, General Obligation Bonds, Election of 2014, Series B (2017)" in an amount not to exceed $18,000,000 by Pittsburg Unified School District on its own behalf pursuant to Sections 15140 and 15146 of the Education Code, as permitted by Section 53508.7(c) of the Government Code. FISCAL IMPACT: There is no fiscal impact to the County. BACKGROUND: The Pittsburg Unified School District intends to issue General Obligation bonds to fund capital improvements throughout the District. The District has requested that the Board of Supervisors adopt a resolution authorizing the direct issuance and sale of the bonds by the District on its own behalf pursuant to Sections 15140 and 15146 of the Education Code, as permitted by Section 53508.7(c) of the Government Code in an amount not to exceed $18,000,000. CONSEQUENCE OF NEGATIVE ACTION: Without the Contra Costa County Board of Supervisors authorization, the School District would not be able to issue the bonds. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/11/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Timothy Ewell, 925-335-1036 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: C.175 To:Board of Supervisors From:David Twa, County Administrator Date:July 11, 2017 Contra Costa County Subject:PITTSBURG UNIFIED SCHOOL DISTRICT GENERAL OBLIGATION BONDS, ELECTION OF 2014, SERIES B (2017) CHILDREN'S IMPACT STATEMENT: The recommendation supports the following Children's Report Card outcome: Communities that are Safe and Provide a High Quality of Life for Children and Families. AGENDA ATTACHMENTS Resolution No. 2017/257 District Resolution MINUTES ATTACHMENTS Signed Resolution No. 2017/257 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 07/11/2017 by the following vote: AYE: John Gioia Candace Andersen Diane Burgis Karen Mitchoff Federal D. Glover NO: ABSENT: ABSTAIN: RECUSE: Resolution No. 2017/257 RESOLUTION OF THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY CONSENTING TO AND AUTHORIZING THE PITTSBURG UNIFIED SCHOOL DISTRICT TO ISSUE ITS GENERAL OBLIGATION BONDS, ELECTION OF 2014, SERIES B (2017) RESOLVED by the Board of Supervisors (the “Board”) of Contra Costa County (the “County”), State of California: WHEREAS, sections 53506 et seq. of the California Government Code, including section 53508.7 thereof, provide that California public school district may issue and sell bonds on its own behalf at private sale pursuant to sections 15140 and 15146 of the California Education Code the Education Code; WHEREAS, section 15140(b) of the California Education Code provides that the board of supervisors of county may authorize California public school district in the county to issue and sell its own bonds without the further action of the board of supervisors or officers of the county; WHEREAS, the Board of Trustees of the Pittsburg Unified School District (the “District”), a California public school district under the jurisdiction of the County, has heretofore adopted and filed with the Clerk of this Board, a resolution (the “District Resolution”) providing for the issuance and sale of its Pittsburg Unified School District General Obligation Bonds, Election of 2014, Series B (2017), in an amount not to exceed $18,000,000 (the “2014B Bonds”), through negotiated sale pursuant to sections 53506 et seq. of the California Government Code; and WHEREAS, it has been requested on behalf of the District that this Board consent to such issuance of the 2014B Bonds and authorize the District to issue and sell the 2014B Bonds on its own behalf at negotiated sale pursuant to sections 15140 and 15146 of the California Education Code as permitted by section 53508.7 of the California Government Code and the terms set forth in the District Resolution; NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County of Contra Costa, State of California, as follows: Section 1. Recitals. All of the foregoing recitals are true and correct. Section 2. Consent and Authorization of Negotiated Sale. This Board hereby consents to and authorizes the issuance and negotiated sale by the District on its own behalf of the 2014B Bonds pursuant to sections 15140 and 15146 of the California Education Code, as permitted by section 53508.7 of the California Government Code and the terms and conditions set forth in the District Resolution. This consent and authorization set forth herein shall only apply to the 2014B Bonds. Section 3. Source of Payment. The County acknowledges receipt of the District Resolution as adopted and the requests made by the District to levy collect and distribute ad valorem tax revenues pursuant to section 15250 et seq. of the California Education Code to pay for principal of and interest on the 2014B Bonds when and if sold. Correspondingly, and subject to the issuance and sale of the 2014B Bonds and transmittal of information concerning the debt service requirements thereof to the appropriate County officers, there shall be levied by the County on all of the taxable property in the District in addition to all other taxes, a continuing direct ad valorem tax annually during the period the 2014B Bonds are outstanding commencing with fiscal year 2015-16 in an amount sufficient to pay the principal of and interest on the 2014B Bonds when due which tax revenues when 5 2015-16 in an amount sufficient to pay the principal of and interest on the 2014B Bonds when due which tax revenues when collected will be placed in the Interest and Sinking Fund of the District, as defined in the District Resolution, which Interest and Sinking Fund has been irrevocably pledged for the payment of the principal of and interest on the 2014B Bonds when and as the same fall due. The monies in the Interest and Sinking Fund, to the extent necessary to pay the principal of and interest on the 2014B Bonds as the same become due and payable, shall be transferred by the County to the Paying Agent, as defined in the District Resolution, as necessary to pay the principal of and interest on the 2014B Bonds as set out in California law and in the District Resolution. Section 4. Approval of Actions. Officers of the Board and County officials and staff are authorized to do any and all things and are hereby authorized and directed jointly and severally to execute and deliver any and all documents which they may deem necessary or advisable in order to assist the District with the issuance of the 2014B Bonds and otherwise carry out give effect to and comply with the terms and intent of this Resolution. Such actions heretofore taken by such officers officials and staff are hereby ratified confirmed and approved. Section 5. Indemnification of County . The County acknowledges and relies upon the fact that the District has represented that it shall indemnify and hold harmless, to the extent permitted by law, the County and its officers and employees (“Indemnified Parties”), against any and all losses, claims, damages or liabilities, joint or several, to which such Indemnified Parties may become subject because of action or inaction related to the adoption of this resolution, or related to the proceedings for sale, award, issuance and delivery of the 2014B Bonds in accordance herewith and with the District’s resolution and that the District shall also reimburse any such Indemnified Parties for any legal or other expenses incurred in connection with investigating or defending any such claims or actions. Section 6. Limited Responsibility for Official Statement. Neither the Board nor any officer of the County has prepared or reviewed the official statement of the District describing the 2014B Bonds (the “Official Statement”) and this Board and the various officers of the County take no responsibility for the contents or distribution thereof; provided, however, that solely with respect to a section contained or to be contained therein describing the County’s investment policy, current portfolio holdings and valuation procedures, as they may relate to funds of the District held by the County Treasurer-Tax Collector, the County Treasurer-Tax Collector is hereby authorized and directed to prepare and review such information for inclusion in the Official Statement and in a preliminary official statement, and to certify in writing prior to or upon the issuance of the 2014B Bonds that the information contained in such section does not contain any untrue statement of material fact or omit to state any material fact necessary in order to make the statements made therein in the light of the circumstances under which they are made not misleading. Section 7. Limited Liability. Notwithstanding anything to the contrary contained herein in the 2014B Bonds or in any other document mentioned herein, neither the County nor the Board shall have any liability hereunder or by reason hereof or in connection with the transactions contemplated hereby and the 2014B Bonds shall be payable solely from the moneys of the District available therefore as set forth in the District Resolution and herein. Section 8. Effective Date. This Resolution shall take effect immediately upon its passage. Contact: Timothy Ewell, 925-335-1036 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: C.175 Quint & Thimmig LLP 05/01/17 05/12/17 16010.30 PITTSBURG UNIFIED SCHOOL DISTRICT RESOLUTION NO. 16-27 RESOLUTION OF THE BOARD OF TRUSTEES OF THE PITTSBURG UNIFIED SCHOOL DISTRICT AUTHORIZING THE ISSUANCE AND SALE OF THE DISTRICT’S GENERAL OBLIGATION BONDS, ELECTION OF 2014, SERIES B (2017), IN AN AMOUNT NOT TO EXCEED $18,000,000 Adopted June 14, 2017 -i- TABLE OF CONTENTS ARTICLE I DEFINITIONS; AUTHORITY Section 1.01. Definitions .............................................................................................................................................. 2 Section 1.02. Authority for this Resolution ............................................................................................................... 5 ARTICLE II THE SERIES B BONDS Section 2.01. Authorization ......................................................................................................................................... 6 Section 2.02. Terms of Series B Bonds ....................................................................................................................... 6 Section 2.03. Redemption ............................................................................................................................................ 7 Section 2.04. Form of Series B Bonds ......................................................................................................................... 8 Section 2.05. Execution of Series B Bonds ................................................................................................................. 8 Section 2.06. Transfer of Series B Bonds ................................................................................................................... 9 Section 2.07. Exchange of Series B Bonds ................................................................................................................. 9 Section 2.08. Bond Register ......................................................................................................................................... 9 Section 2.09. Temporary Series B Bonds ................................................................................................................... 9 Section 2.10. Series B Bonds Mutilated, Lost, Destroyed or Stolen ....................................................................... 9 Section 2.11. Book Entry System .............................................................................................................................. 10 ARTICLE III ISSUE OF SERIES B BONDS; APPLICATION OF SERIES B BOND PROCEEDS; SECURITY FOR THE SERIES B BONDS Section 3.01. Issuance, Award and Delivery of Series B Bonds ........................................................................... 12 Section 3.02. Funds and Accounts ........................................................................................................................... 12 Section 3.03. Application of Proceeds of Sale of Series B Bonds ......................................................................... 13 Section 3.04. Security for the Series B Bonds .......................................................................................................... 13 ARTICLE IV SALE OF BONDS; APPROVAL OF PAYING AGENT AGREEMENT; APPROVAL OF OFFICIAL STATEMENT Section 4.01. Sale of the Series B Bonds ................................................................................................................... 15 Section 4.02. Approval of Paying Agent Agreement ............................................................................................ 15 Section 4.03. Official Statement ................................................................................................................................ 15 Section 4.04. Official Action ...................................................................................................................................... 16 ARTICLE V OTHER COVENANTS OF THE DISTRICT Section 5.01. Punctual Payment ............................................................................................................................... 17 Section 5.02. Extension of Time for Payment ......................................................................................................... 17 Section 5.03. Protection of Security and Rights of Bondowners ......................................................................... 17 Section 5.04. Further Assurances ............................................................................................................................. 17 Section 5.05. Tax Covenants ..................................................................................................................................... 17 Section 5.06. Acquisition, Disposition and Valuation of Investments ............................................................... 18 Section 5.07. Continuing Disclosure ........................................................................................................................ 18 Section 5.08. Requirements of Section 15146(b) of the California Education Code .......................................... 18 ARTICLE VI THE PAYING AGENT Section 6.01. Appointment of Paying Agent .......................................................................................................... 20 -ii- Section 6.02. Paying Agent May Hold Series B Bonds ......................................................................................... 20 Section 6.03. Liability of Agents ............................................................................................................................... 20 Section 6.04. Notice to Agents .................................................................................................................................. 21 Section 6.05. Compensation, Indemnification ........................................................................................................ 21 ARTICLE VII EVENTS OF DEFAULT AND REMEDIES OF BONDOWNERS Section 7.01. Events of Default ................................................................................................................................. 22 Section 7.02. Other Remedies of Bondowners ....................................................................................................... 22 Section 7.03. Non-Waiver .......................................................................................................................................... 22 Section 7.04. Remedies Not Exclusive ..................................................................................................................... 23 ARTICLE VIII SUPPLEMENTAL RESOLUTIONS Section 8.01. Supplemental Resolutions Effective Without Consent of the Owners ........................................ 24 Section 8.02. Supplemental Resolutions Effective With Consent to the Owners ............................................. 24 ARTICLE IX MISCELLANEOUS Section 9.01. Benefits of Resolution Limited to Parties ......................................................................................... 25 Section 9.02. Defeasance ............................................................................................................................................ 25 Section 9.03. Execution of Documents and Proof of Ownership by Bondowners ............................................ 27 Section 9.04. Waiver of Personal Liability .............................................................................................................. 27 Section 9.05. Destruction of Canceled Series B Bonds .......................................................................................... 27 Section 9.06. Partial Invalidity .................................................................................................................................. 27 Section 9.07. Effective Date of Resolution .............................................................................................................. 27 EXHIBIT A: FORM OF SERIES B BOND EXHIBIT B: FORM OF BOND PURCHASE AGREEMENT EXHIBIT C: FORM OF PAYING AGENT AGREEMENT EXHIBIT D: FORM OF CONTINUING DISCLOSURE CERTIFICATE PITTSBURG UNIFIED SCHOOL DISTRICT RESOLUTION NO. __ RESOLUTION OF THE BOARD OF TRUSTEES OF THE PITTSBURG UNIFIED SCHOOL DISTRICT AUTHORIZING THE ISSUANCE AND SALE OF THE DISTRICT’S GENERAL OBLIGATION BONDS, ELECTION OF 2014, SERIES B (2017), IN AN AMOUNT NOT TO EXCEED $18,000,000 RESOLVED, by the Board of Trustees (the “Board”) of the Pittsburg Unified School District (the “District”), as follows: WHEREAS, a duly called special municipal election was held in the District on November 4, 2014, and thereafter canvassed pursuant to law; WHEREAS, at such election there was submitted to and approved by the requisite fifty- five percent (55%) vote of the qualified electors of the District a question as to the issuance and sale of general obligation bonds of the District to provide safe, modern neighborhood schools with updated computer technology, upgrade energy systems, including solar, reduce cost, improve student learning by acquiring, upgrading, constructing, equipping classrooms, science/computer labs, and school facilities, replace aging roofs, plumbing, heating, ventilation/electrical systems, improve fire alarms, school security and earthquake safety (the “Project”), in the maximum aggregate principal amount of $85,000,000 (the “Bonds”) payable from the levy of an ad valorem tax against the taxable property in the District (the “Authorization”); WHEREAS, pursuant to Title 1, Division 1, Part 10, Chapter 2 (commencing with section 15100) of the California Education Code and Article 4.5 of Chapter 3 of Part 1 of Division 2 of Title 5 (commencing with section 53506) of the California Government Code, the District is empowered to issue general obligation bonds; WHEREAS, the District has previously issued an initial series of general obligation bonds under the Authorization in the aggregate principal amount of $30,000,000, its Pittsburg Unified School District (Contra Costa County, California) General Obligation Bonds, Election of 2014, Series A (2015), for the purpose of raising moneys for the Project and other authorized costs; WHEREAS, the District wishes at this time to authorize the issuance and sale of the second series of general obligation bonds under the Authorization in the aggregate principal amount of not to exceed $18,000,000, its Pittsburg Unified School District (Contra Costa County, California) General Obligation Bonds, Election of 2014, Series B (2017) (the “Series B Bonds”) for the purpose of raising moneys for the Project and other authorized costs; and NOW, THEREFORE, it is hereby RESOLVED, by the Board of the Pittsburg Unified School District, as follows: -2- ARTICLE I DEFINITIONS; AUTHORITY Section 1.01. Definitions. The terms defined in this Section 1.01, as used and capitalized herein, shall, for all purposes of this Resolution, have the meanings ascribed to them below, unless the context clearly requires some other meaning. “Act” means Article 4.5 of Chapter 3 of Part 1 of Division 2 of Title 5 (commencing with section 53506) of the California Government Code, as is in effect on the date of adoption hereof and as amended hereafter. “Articles,” “Sections” and other subdivisions are to the corresponding Articles, Sections or subdivisions of this Resolution, and the words “herein,” “hereof,” “hereunder” and other words of similar import refer to this Resolution as a whole and not to any particular Article, Section or subdivision hereof. “Authorized Investments” means any investments permitted by law to be made with moneys belonging to, or in the custody of, the District, but only to the extent that the same are acquired at Fair Market Value. “Board” means the Board of Trustees of the District. “Bond Counsel” means any attorney or firm of attorneys nationally recognized for expertise in rendering opinions as to the legality and tax exempt status of securities issued by public entities. “Bond Purchase Agreement” means the Bond Purchase Agreement by and between the District and the Underwriter, for the purchase and sale of the Series B Bonds. “Bond Register” means the registration books for the Series B Bonds maintained by the Paying Agent. “Closing Date” means the date upon which there is an exchange of the Series B Bonds for the proceeds representing the purchase of the Series B Bonds by the Underwriter. “Code” means the Internal Revenue Code of 1986 as in effect on the date of issuance of the Series B Bonds or (except as otherwise referenced herein) as it may be amended to apply to obligations issued on the date of issuance of the Series B Bonds, together with applicable temporary and final regulations promulgated, and applicable official public guidance published, under the Code. “Continuing Disclosure Certificate” shall mean that certain Continuing Disclosure Certificate executed by the District and dated the date of issuance and delivery of the Series B Bonds, as originally executed and as it may be amended from time to time in accordance with the terms thereof. “Costs of Issuance” means all items of expense directly or indirectly reimbursable to the District relating to the issuance, execution and delivery of the Series B Bonds including, but not limited to, filing and recording costs, settlement costs, printing costs, reproduction and binding costs, legal fees and charges, fees and expenses of the Paying Agent, financial and other -3- professional consultant fees, costs of obtaining credit ratings, fees for execution, transportation and safekeeping of the Series B Bonds and charges and fees in connection with the foregoing. “County” means Contra Costa County, California. “Debt Service” means the scheduled amount of interest and amortization of principal payable on the Series B Bonds during the period of computation, excluding amounts scheduled during such period which relate to principal which has been retired before the beginning of such period. “District Representative” means the President of the Board, the Superintendent, the Assistant Superintendent, Business & Support Services, or any other person authorized by resolution of the Board of the District to act on behalf of the District with respect to this Resolution and the Series B Bonds. “Fair Market Value” means the price at which a willing buyer would purchase the investment from a willing seller in a bona fide, arm’s length transaction (determined as of the date the contract to purchase or sell the investment becomes binding) if the investment is traded on an established securities market (within the meaning of section 1273 of the Code) and, otherwise, the term “Fair Market Value” means the acquisition price in a bona fide arm’s length transaction (as referenced above) if (i) the investment is a certificate of deposit that is acquired in accordance with applicable regulations under the Code, (ii) the investment is an agreement with specifically negotiated withdrawal or reinvestment provisions and a specifically negotiated interest rate (for example, a guaranteed investment contract, a forward supply contract or other investment agreement) that is acquired in accordance with applicable regulations under the Code, (iii) the investment is a United States Treasury Security—State and Local Government Series that is acquired in accordance with applicable regulations of the United States Bureau of Public Debt, or (iv) any commingled investment fund in which the District and related parties do not own more than a ten percent (10%) beneficial interest therein if the return paid by the fund is without regard to the source of the investment. “Federal Securities” means United States Treasury Bonds, bills or certificates of indebtedness or those for which the faith and credit of the United States are pledged for the payment of principal and interest. “Information Services” means the Electronic Municipal Market Access System (referred to as “EMMA”), a facility of the Municipal Securities Rulemaking Board (at http://emma.msrb.org) or, in accordance with then current guidelines of the Securities and Exchange Commission, such other addresses and/or such other national information services providing information with respect to called bonds as the District may designate to the Paying Agent. “Interest Payment Date” means with respect to interest, February 1 and August 1 of each year commencing on February 1, 2018, and with respect to principal, August 1, of each year commencing on August 1 in such year as shall be set forth in the Bond Purchase Agreement. “Municipal Advisor” means PFM Financial Advisors LLC, as Municipal Advisor to the District in connection with the issuance of the Series B Bonds. “Outstanding” means, when used as of any particular time with reference to Series B Bonds, all Series B Bonds except: -4- (a) Series B Bonds theretofore canceled by the Paying Agent or surrendered to the Paying Agent for cancellation; (b) Series B Bonds paid or deemed to have been paid within the meaning of Section 9.02 hereof; and (c) Series B Bonds in lieu of or in substitution for which other Series B Bonds shall have been authorized, executed, issued and delivered by the District pursuant to this Resolution. “Owner” or “Bondowner” mean any person who shall be the registered owner of any Outstanding Series B Bond. “Participating Underwriter” shall have the meaning ascribed thereto in the Continuing Disclosure Certificate. “Paying Agent” means The Bank of New York Mellon Trust Company, N.A., the paying agent appointed by the District and acting as paying agent, registrar and authenticating agent for the Series B Bonds, or such other paying agent as shall be appointed by the District prior to the delivery of the Series B Bonds, its successors and assigns, and any other corporation or association which may at any time be substituted in its place, as provided in Section 6.01 hereof. “Paying Agent Agreement” means the Paying Agent/Bond Registrar/Costs of Issuance Agreement, dated the Closing Date, by and between the District and the Paying Agent. “Principal Office” means the principal corporate trust office of the Paying Agent in Dallas, Texas. “Record Date” means the 15th day of the month preceding each Interest Payment Date. “Regulations” means temporary and permanent regulations promulgated under the Code. “Resolution” means this Resolution, including all amendments hereto and supplements hereof which are duly adopted by the Board from time to time in accordance herewith. “Securities Depositories” means The Depository Trust Company, 55 Water Street, 50th Floor, New York, NY 10041-0099, Attention: Call Notification Department, Fax (212) 855-7232; and, in accordance with then current guidelines of the Securities and Exchange Commission, such other addresses and/or such other securities depositories as the District may designate to the Paying Agent. “State” means the State of California. “Supplemental Resolution” means any resolution supplemental to or amendatory of this Resolution, adopted by the District in accordance with Article VIII hereof. “Term Bonds” means those Series B Bonds for which mandatory redemption dates have been established pursuant to the Bond Purchase Agreement. “Treasurer” means the Contra Costa County Treasurer-Tax Collector. -5- “Series B Bonds” means the Pittsburg Unified School District (Contra Costa County, California) General Obligation Bonds, Election of 2014, Series B (2017), issued and at any time Outstanding pursuant to this Resolution. “Underwriter” means Raymond James & Associates, Inc. “Written Request of the District” means an instrument in writing signed by the District Representative or by any other officer of the District duly authorized by the District and listed on a Written Request of the District for that purpose. Section 1.02. Authority for this Resolution. This Resolution is entered into pursuant to the provisions of the Act. -6- ARTICLE II THE SERIES B BONDS Section 2.01. Authorization. Series B Bonds are hereby authorized to be issued by the District under and subject to the terms of the Act and this Resolution. The amount of Series B Bonds shall be determined on the date of sale thereof in accordance with the Bond Purchase Agreement. This Resolution constitutes a continuing agreement with the Owners of all of the Series B Bonds issued or to be issued hereunder and then Outstanding to secure the full and final payment of principal of and the interest on all Series B Bonds which may from time to time be executed and delivered hereunder, subject to the covenants, agreements, provisions and conditions herein contained. The Series B Bonds shall be designated the “Pittsburg Unified School District (Contra Costa County, California) General Obligation Bonds, Election of 2014, Series B (2017).” Section 2.02. Terms of Series B Bonds. (a) Form; Numbering. The Series B Bonds shall be issued as fully registered Series B Bonds, without coupons, in the denomination of $5,000 each or any integral multiple thereof, but in an amount not to exceed the aggregate principal amount of Series B Bonds maturing in the year of maturity of the Series B Bond for which the denomination is specified. Series B Bonds shall be lettered and numbered as the Paying Agent shall prescribe. (b) Date of Series B Bonds. The Series B Bonds shall be dated as of the Closing Date. (c) CUSIP Identification Numbers. “CUSIP” identification numbers shall be imprinted on the Series B Bonds, but such numbers shall not constitute a part of the contract evidenced by the Series B Bonds and any error or omission with respect thereto shall not constitute cause for refusal of any purchaser to accept delivery of and pay for the Series B Bonds. In addition, failure on the part of the District to use such CUSIP numbers in any notice to Owners of the Series B Bonds shall not constitute an Event of Default (hereinafter defined) or any violation of the District’s contract with such Owners and shall not impair the effectiveness of any such notice. (d) Maturities; Interest. The Series B Bonds shall mature (or, alternatively, be subject to mandatory sinking fund redemption as hereinafter provided) and become payable on August 1 in the years and in the amounts set forth in, and subject to the alteration thereof permitted by, the Bond Purchase Agreement. The Series B Bonds shall bear interest at such rate or rates as shall be determined upon the sale thereof, payable semi-annually on each Interest Payment Date. Each Series B Bond shall bear interest from the Interest Payment Date next preceding the date of registration and authentication thereof unless (i) it is registered and authenticated as of an Interest Payment Date, in which event it shall bear interest from such date, or (ii) it is registered and authenticated prior to an Interest Payment Date and after the close of business on the fifteenth day of the month preceding such Interest Payment Date, in which event it shall bear interest from such Interest Payment Date, or (iii) it is registered and authenticated prior to January 15, 2018, in which event it shall bear interest from the date described in paragraph (b) of this Section 2.02; provided, however, that if at the time of authentication of a Series B Bond, interest is in default thereon, such Series B Bond shall bear interest from the Interest Payment Date to which interest has previously been paid or made available for payment thereon. -7- Interest on the Series B Bonds shall be calculated on the basis of a 360-day year comprised of twelve 30-day months. (e) Payment. Interest on the Series B Bonds (including the final interest payment upon maturity or earlier redemption) is payable by check of the Paying Agent mailed via first-class mail to the Owner thereof at such Owner’s address as it appears on the Bond Register on each Record Date or at such other address as the Owner may have filed with the Paying Agent for that purpose; provided however, that payment of interest may be by wire transfer in immediately available funds to an account in the United States of America to any Owner of Series B Bonds in the aggregate principal amount of $1,000,000 or more who shall furnish written wire instructions to the Paying Agent at least five (5) days before the applicable Record Date. Principal of the Series B Bonds is payable in lawful money of the United States of America at the Principal Office. Section 2.03. Redemption. (a) Optional Redemption. The Series B Bonds will be subject to redemption prior to maturity to the extent specified in the Bond Purchase Agreement. The District shall be required to give the Paying Agent written notice of its intention to redeem Series B Bonds. (b) Mandatory Sinking Fund Redemption. In the event and to the extent specified in the Bond Purchase Agreement, any maturity of Series B Bonds may be designated as “Term Bonds” and shall be subject to mandatory sinking fund redemption. If some but not all of such Term Bonds have been redeemed pursuant to the preceding subsection (a) of this Section 2.03, the aggregate principal amount of such Term Bonds to be redeemed in each year pursuant to this subsection (b) shall be reduced on a pro rata basis in integral multiples of $5,000, as shall be designated pursuant to written notice filed by the District with the Paying Agent. (c) Notice of Redemption. The Paying Agent on behalf and at the expense of the District shall mail (by first class mail) notice of any redemption to: (i) the respective Owners of any Series B Bonds designated for redemption, at least thirty (30) but not more than sixty (60) days prior to the redemption date, at their respective addresses appearing on the Bond Register, and (ii) the Securities Depositories and to one or more Information Services, at least thirty (30) but not more than sixty (60) days prior to the redemption; provided, however, that neither failure to receive any such notice so mailed nor any defect therein shall affect the validity of the proceedings for the redemption of such Series B Bonds or the cessation of the accrual of interest thereon. Such notice shall state the date of the notice, the redemption date, the redemption place and the redemption price and shall designate the CUSIP numbers, the Series B Bond numbers and the maturity or maturities (in the event of redemption of all of the Series B Bonds of such maturity or maturities in whole) of the Series B Bonds to be redeemed, and shall require that such Series B Bonds be then surrendered at the Principal Office for redemption at the redemption price, giving notice also that further interest on such Series B Bonds will not accrue from and after the redemption date. Notwithstanding the foregoing, in the case of any optional redemption of the Series B Bonds, the notice of redemption shall state that the redemption is conditioned upon receipt by the Paying Agent of sufficient moneys to redeem the Series B Bonds on the scheduled redemption date, and that the optional redemption shall not occur if, by no later than the scheduled redemption date, sufficient moneys to redeem the Series B Bonds have not been deposited with the Paying Agent. In the event that the Paying Agent does not receive sufficient funds by the scheduled optional redemption date to so redeem the Series B Bonds to be optionally redeemed, the Paying Agent shall send written notice to the Owners, to the Securities Depositories and to one or more of the Information Services to the effect that the redemption -8- did not occur as anticipated, and the Series B Bonds for which notice of optional redemption was given shall remain Outstanding for all purposes. (d) Selection of Series B Bonds for Redemption. Whenever provision is made for the redemption of Series B Bonds of more than one maturity, the Series B Bonds to be redeemed shall be selected by the District evidenced by a Written Request of the District filed with the Paying Agent or, absent such selection by the District, on a pro rata basis among the maturities subject to redemption; and in each case, the Paying Agent shall select the Series B Bonds to be redeemed within any maturity by lot in any manner which the Paying Agent in its sole discretion shall deem appropriate and fair. For purposes of such selection, all Series B Bonds shall be deemed to be comprised of separate $5,000 portions and such portions shall be treated as separate Series B Bonds which may be separately redeemed. (e) Partial Redemption of Series B Bonds. In the event only a portion of any Series B Bond is called for redemption, then upon surrender of such Series B Bond the District shall execute and the Paying Agent shall authenticate and deliver to the Owner thereof, at the expense of the District, a new Series B Bond or Series B Bonds of the same maturity date, of authorized denominations in aggregate principal amount equal to the unredeemed portion of the Series B Bond to be redeemed. Series B Bonds need not be presented for mandatory sinking fund redemptions. (f) Effect of Redemption. From and after the date fixed for redemption, if funds available for the payment of the principal of and interest (and premium, if any) on the Series B Bonds so called for redemption shall have been duly provided, such Series B Bonds so called shall cease to be entitled to any benefit under this Resolution other than the right to receive payment of the redemption price, and no interest shall accrue thereon from and after the redemption date specified in such notice. All Series B Bonds redeemed pursuant to this Section 2.03 shall be canceled and shall be destroyed by the Paying Agent. Section 2.04. Form of Series B Bonds. The Series B Bonds, the form of the Paying Agent’s certificate of authentication and registration and the form of assignment to appear thereon shall be substantially in the forms, respectively, with necessary or appropriate variations, omissions and insertions, as permitted or required by this Resolution, as are set forth in Exhibit A attached hereto. Section 2.05. Execution of Series B Bonds. The Series B Bonds shall be executed on behalf of the District by the facsimile signatures of the President of the Board and its Clerk who are in office on the date of adoption of this Resolution or at any time thereafter. If any officer whose signature appears on any Series B Bond ceases to be such officer before delivery of the Series B Bonds to the purchaser, such signature shall nevertheless be as effective as if the officer had remained in office until the delivery of the Series B Bonds to the purchaser. Any Series B Bond may be signed and attested on behalf of the District by such persons as at the actual date of the execution of such Series B Bond shall be the proper officers of the District although at the nominal date of such Series B Bond any such person shall not have been such officer of the District. Only such Series B Bonds as shall bear thereon a certificate of authentication and registration in the form set forth in Exhibit A attached hereto, executed and dated by the Paying Agent, shall be valid or obligatory for any purpose or entitled to the benefits of this Resolution, and such certificate of the Paying Agent shall be conclusive evidence that the Series B Bonds so registered have been duly authenticated, registered and delivered hereunder and are entitled to the benefits of this Resolution. -9- Section 2.06. Transfer of Series B Bonds. Any Series B Bond may, in accordance with its terms, be transferred, upon the books required to be kept pursuant to the provisions of Section 2.08 hereof, by the person in whose name it is registered, in person or by his duly authorized attorney, upon surrender of such Series B Bond for cancellation at the Principal Office, accompanied by delivery of a written instrument of transfer in a form approved by the Paying Agent, duly executed. The Paying Agent shall require the payment by the Owner requesting such transfer of any tax or other governmental charge required to be paid with respect to such transfer. Whenever any Series B Bond or Series B Bonds shall be surrendered for transfer, the District shall execute and the Paying Agent shall authenticate and deliver a new Series B Bond or Series B Bonds, for like aggregate principal amount. No transfers of Series B Bonds shall be required to be made (a) fifteen days prior to the date established by the Paying Agent for selection of Series B Bonds for redemption or (b) with respect to a Series B Bond after such Series B Bond has been selected for redemption. Section 2.07. Exchange of Series B Bonds. Series B Bonds may be exchanged at the Principal Office for a like aggregate principal amount of Series B Bonds of authorized denominations and of the same maturity. The Paying Agent shall require the payment by the Owner requesting such exchange of any tax or other governmental charge required to be paid with respect to such exchange. No exchanges of Series B Bonds shall be required to be made (a) fifteen days prior to the date established by the Paying Agent for selection of Series B Bonds for redemption or (b) with respect to a Series B Bond after such Series B Bond has been selected for redemption. Section 2.08. Bond Register. The Paying Agent shall keep or cause to be kept sufficient books for the registration and transfer of the Series B Bonds, which shall at all times be open to inspection by the District upon reasonable notice; and, upon presentation for such purpose, the Paying Agent shall, under such reasonable regulations as it may prescribe, register or transfer or cause to be registered or transferred, on said books, Series B Bonds as herein before provided. Section 2.09. Temporary Series B Bonds. The Series B Bonds may be initially issued in temporary form exchangeable for definitive Series B Bonds when ready for delivery. The temporary Series B Bonds may be printed, lithographed or typewritten, shall be of such denominations as may be determined by the District, and may contain such reference to any of the provisions of this Resolution as may be appropriate. Every temporary Series B Bond shall be executed by the District upon the same conditions and in substantially the same manner as the definitive Series B Bonds. If the District issues temporary Series B Bonds it will execute and furnish definitive Series B Bonds without delay, and thereupon the temporary Series B Bonds may be surrendered, for cancellation, in exchange therefor at the Principal Office and the Paying Agent shall deliver in exchange for such temporary Series B Bonds an equal aggregate principal amount of definitive Series B Bonds of authorized denominations. Until so exchanged, the temporary Series B Bonds shall be entitled to the same benefits pursuant to this Resolution as definitive Series B Bonds executed and delivered hereunder. Section 2.10. Series B Bonds Mutilated, Lost, Destroyed or Stolen. If any Series B Bond shall become mutilated the District, at the expense of the Owner of said Series B Bond, shall execute, and the Paying Agent shall thereupon authenticate and deliver, a new Series B Bond of like maturity and principal amount in exchange and substitution for the Series B Bond so mutilated, but only upon surrender to the Paying Agent of the Series B Bond so mutilated. Every mutilated Series B Bond so surrendered to the Paying Agent shall be canceled by it and -10- delivered to, or upon the order of, the District. If any Series B Bond shall be lost, destroyed or stolen, evidence of such loss, destruction or theft may be submitted to the District and, if such evidence be satisfactory to the District and indemnity satisfactory to it shall be given, the District, at the expense of the Owner, shall execute, and the Paying Agent shall thereupon authenticate and deliver, a new Series B Bond of like maturity and principal amount in lieu of and in substitution for the Series B Bond so lost, destroyed or stolen. The District may require payment of a sum not exceeding the actual cost of preparing each new Series B Bond issued under this Section and of the expenses which may be incurred by the District and the Paying Agent in the premises. Any Series B Bond issued under the provisions of this Section 2.10 in lieu of any Series B Bond alleged to be lost, destroyed or stolen shall constitute an original additional contractual obligation on the part of the District whether or not the Series B Bond so alleged to be lost, destroyed or stolen be at any time enforceable by anyone, and shall be equally and proportionately entitled to the benefits of this Resolution with all other Series B Bonds issued pursuant to this Resolution. Section 2.11. Book Entry System. Except as provided below, the owner of all of the Series B Bonds shall be The Depository Trust Company, New York, New York (“DTC”), and the Series B Bonds shall be registered in the name of Cede & Co., as nominee for DTC. The Series B Bonds shall be initially executed and delivered in the form of a single fully registered Series B Bond for each maturity date of the Series B Bonds in the full aggregate principal amount of the Series B Bonds maturing on such date. The Paying Agent and the District may treat DTC (or its nominee) as the sole and exclusive owner of the Series B Bonds registered in its name for all purposes of this Resolution, and neither the Paying Agent nor the District shall be affected by any notice to the contrary. The Paying Agent and the District shall not have any responsibility or obligation to any participant of DTC (a “Participant”), any person claiming a beneficial ownership interest in the Series B Bonds under or through DTC or a Participant, or any other person which is not shown on the register of the District as being an owner, with respect to the accuracy of any records maintained by DTC or any Participant or the payment by DTC or any Participant by DTC or any Participant of any amount in respect of the principal or interest with respect to the Series B Bonds. The Paying Agent shall cause to be paid all principal and interest with respect to the Series B Bonds received from the District only to DTC, and all such payments shall be valid and effective to fully satisfy and discharge the District’s obligations with respect to the principal and interest with respect to the Series B Bonds to the extent of the sum or sums so paid. Except under the conditions noted below, no person other than DTC shall receive a Series B Bond. Upon delivery by DTC to the District of written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., the term “Cede & Co.” in this Resolution shall refer to such new nominee of DTC. If the District determines that it is in the best interest of the beneficial owners that they be able to obtain Series B Bonds and delivers a written certificate to DTC to that effect, DTC shall notify the Participants of the availability through DTC of Series B Bonds. In such event, the District shall issue, transfer and exchange Series B Bonds as requested by DTC and any other owners in appropriate amounts. DTC may determine to discontinue providing its services with respect to the Series B Bonds at any time by giving notice to the District and discharging its responsibilities with respect thereto under applicable law. Under such circumstances (if there is no successor securities depository), the District shall be obligated to deliver Series B Bonds as described in this Resolution. Whenever DTC requests the District to do so, the District will cooperate with DTC in taking appropriate action after reasonable notice to (a) make available one or more separate Series B Bonds evidencing the Series B Bonds to any DTC Participant having Series B Bonds credited to its DTC account or (b) arrange for another securities depository to maintain custody of certificates evidencing the Series B Bonds. -11- Notwithstanding any other provision of this Resolution to the contrary, so long as any Series B Bond is registered in the name of Cede & Co., as nominee of DTC, all payments with respect to the principal and interest with respect to such Series B Bond and all notices with respect to such Series B Bond shall be made and given, respectively, to DTC as provided as in the representation letter delivered by the District to DTC. -12- ARTICLE III ISSUE OF SERIES B BONDS; APPLICATION OF SERIES B BOND PROCEEDS; SECURITY FOR THE SERIES B BONDS Section 3.01. Issuance, Award and Delivery of Series B Bonds. At any time after the execution of this Resolution the District may issue and deliver Series B Bonds in any principal amount, not to exceed $18,000,000. The District Representatives shall be, and are hereby, directed to cause the Series B Bonds to be printed, signed and delivered to the Underwriter on receipt of the purchase price therefor and upon performance of the conditions contained in the Bond Purchase Agreement. The Paying Agent is hereby authorized to deliver the Series B Bonds to the Underwriter, upon receipt of a Written Request of the District. Section 3.02. Funds and Accounts. (a) Building Fund. The fund, known as the “Pittsburg Unified School District, General Obligation Bonds, Election of 2014, Series B (2017) Building Fund” (the “Building Fund”), is hereby established and maintained by the Treasurer for the Series B Bonds. Moneys deposited therein from the proceeds of the Series B Bonds shall be used solely for the purpose for which the Series B Bonds are being issued and shall be applied solely to authorized purposes which relate to the acquisition or improvement of real property and for the payment of Costs of Issuance of the Series B Bonds if insufficient moneys are available therefor in the Costs of Issuance Fund. The interest earned on the moneys deposited to the Building Fund shall be retained in the Building Fund and used for the purposes thereof. At the written request of the District filed with the Treasurer, any amounts remaining on deposit in the Building Fund and not needed for the purposes of the Series B Bonds shall be withdrawn from the Building Fund and transferred to the Interest and Sinking Fund, to be applied to the payment of Debt Service. By receipt of a copy of this resolution, the Treasurer is hereby requested to establish and maintain the Building Fund. The Treasurer is not responsible for the use of funds disbursed from the Building Fund. (b) Interest and Sinking Fund. The fund, known as the “Pittsburg Unified School District, General Obligation Bonds Interest and Sinking Fund” (the “Interest and Sinking Fund”), previously established and maintained by the Treasurer is hereby continued for the Series B Bonds. Moneys deposited therein shall be used only for payment of principal and interest on all general obligation bonds of the District. Notwithstanding the foregoing provisions of this Section 3.02(b), any excess proceeds of the Series B Bonds not needed for the authorized purposes set forth herein for which the Series B Bonds are being issued shall be used to pay other general obligation bonds of the District or, if there are no other general obligation bonds of the District outstanding. The interest earned on the moneys deposited to the Interest and Sinking Fund shall be retained in the Interest and Sinking Fund and used for the purposes thereof. (c) Costs of Issuance Fund. A fund, to be known as the “Pittsburg Unified School District, General Obligation Bonds, Election of 2014, Series B (2017) Costs of Issuance Fund” (the “Costs of Issuance Fund”), is hereby created and established with the Paying Agent, acting as costs of issuance custodian (the “Custodian”) for the Series B Bonds. Moneys deposited therein shall be used solely for the payment of costs of issuance of the Series B Bonds, as provided in the Paying Agent Agreement. -13- (d) Investment of Moneys in the Building Fund and the Interest and Sinking Fund. Moneys held in the Building Fund and the Interest and Sinking Fund shall be invested at the Treasurer’s discretion, unless otherwise directed in writing by the District, pursuant to law and the investment policy of the Treasurer. In addition, at the written direction of the District, all or any portion of the moneys in the Building Fund may be invested (i) in the Local Agency Investment Fund in the treasury of the State, or (ii) in investment agreements which comply with the requirements of each rating agency then rating the Series B Bonds necessary in order to maintain the current rating on the Series B Bonds, provided that the Treasurer shall be a signatory to any such investment agreement. Consent by the Treasurer to a request by the District to use any investments requested by the District specified in clause (d)(ii) shall in no way imply any endorsement by the Treasurer of such investment and the Treasurer assumes no liability for the results of such investment or of the provider thereof. Section 3.03. Application of Proceeds of Sale of Series B Bonds. On the Closing Date, the proceeds of sale of the Series B Bonds shall be paid by the Underwriter as follows: (a) to the Treasurer, an amount equal to the premium received by the District, if any, on the Series B Bonds, for deposit in the Interest and Sinking Fund; (b) to the Custodian, an amount equal to the amounts required for the payment of Costs of Issuance, for deposit in the Costs of Issuance Fund; and (c) the remaining proceeds of the Series B Bonds shall be to transferred to the Treasurer for deposit in the Building Fund. Section 3.04. Security for the Series B Bonds; Pledged Revenues. There shall be levied by the County on all the taxable property in the District, in addition to all other taxes, a continuing direct and ad valorem tax annually during the period the Series B Bonds are outstanding in an amount sufficient to pay the principal of and interest on the Series B Bonds when due, which moneys when collected will be placed in the Interest and Sinking Fund of the District, which fund is irrevocably pledged for the payment of the principal of and interest on the Series B Bonds when and as the same fall due (the “Pledged Revenues”). It is the intention of the District that (i) for purposes of 11 U.S.C. §902(2)(E), the Pledged Revenues constitute “taxes specifically levied to finance one or more projects or systems” of the District and are not “general property, sales or income taxes . . . levied to finance the general purposes of” the District, and (ii) the pledge of the Pledged Revenues constitutes a pledge of “special revenues” for purposes of 11 U.S.C. §§901 et seq., and that a petition filed by the District under 11 U.S.C. §§901 et seq., will not operate as a stay under 11 U.S.C. §362 of the application of such Pledged Revenues to payment when due of principal of and interest on the Series B Bonds. The District will not take any action inconsistent with its agreement and statement of intention hereunder and will not deny that the pledge of the Pledged Revenues constitutes a pledge of special revenues for purposes of 11 U.S.C. §§901 et seq. The moneys in the Interest and Sinking Fund, to the extent necessary to pay the principal of and interest on the Series B Bonds as the same become due and payable, shall be transferred by the Treasurer to the Paying Agent as necessary to pay the principal of and interest on the Series B Bonds. The property taxes and amounts held in the Interest and Sinking Fund of the District shall immediately be subject to this pledge and the pledge shall constitute a lien and security interest which shall be effective, binding, and enforceable against the District, its successors, creditors and all others irrespective of whether those parties have notice of the pledge and without the need of any physical delivery, recordation, filing or further act. The -14- pledge is an agreement between the District and the Owners of the Series B Bonds in addition to the statutory lien that exists (as described below), and the Series B Bonds were issued to finance one or more capital project authorized by the voters of the District and not to finance the general purposes of the District. Additionally, in accordance with section 53515(a) of the Government Code, the Series B Bonds shall be secured by a statutory lien on all revenues received pursuant to the levy and collection of the tax for the payment of bonds authorized by the voters of the District. The lien shall automatically attach without further action or authorization by the District or the County. The lien shall be valid and binding from the time the Series B Bonds are executed and delivered. The revenues received pursuant to the levy and collection of the tax shall be immediately subject to the lien, and the lien shall automatically attach to the revenues and be effective, binding, and enforceable against the District, its successors, transferees, and creditors, and all others asserting rights therein, irrespective of whether those parties have notice of the lien and without the need for any physical delivery, recordation, filing, or further act. -15- ARTICLE IV SALE OF BONDS; APPROVAL OF PAYING AGENT AGREEMENT; APPROBVAL OF OFFICIAL STATMENT Section 4.01. Sale of the Series B Bonds. The Board hereby authorizes the negotiated sale of the Series B Bonds to the Underwriter. A Bond Purchase Agreement, in the form attached hereto as Exhibit B, together with any additions thereto or changes therein deemed necessary or advisable by a District Representative is hereby approved by the Board. Any District Representative is hereby authorized and directed to execute the Bond Purchase Agreement for and in the name and on behalf of the District; provided, however, that the principal amount of the Series B Bonds does not exceed $18,000,000, the final maturity date of the Series B Bonds is not later than August 1, 2047, the true interest cost of the Series B Bonds is not greater than 6% and the Underwriter’s discount shall not exceed 0.5% of the aggregate principal amount of Series B Bonds issued. The Board hereby authorizes the delivery and performance of the Bond Purchase Agreement. Section 4.02. Approval of Paying Agent Agreement. The Paying Agent Agreement, in the form attached hereto as Exhibit C, together with any additions thereto or changes therein deemed necessary or advisable by a District Representative, is hereby approved by the Board. Any District Representative is hereby authorized and directed to execute the Paying Agent Agreement for and in the name and on behalf of the District. The Board hereby authorizes the delivery and performance of the Paying Agent Agreement. Section 4.03. Official Statement. The Board hereby approves a preliminary official statement describing the financing (the “Preliminary Official Statement”) in the form on file with the Clerk of the Board, together with any changes therein or additions thereto deemed advisable by a District Representative. The Board authorizes and directs the District Representatives, on behalf of the District, to deem “final” pursuant to Rule 15c2-12 under the Securities Exchange Act of 1934 (the “Rule”) the Preliminary Official Statement prior to its distribution to prospective purchasers of the Series B Bonds. The Underwriter, on behalf of the District, is authorized and directed to cause the Preliminary Official Statement to be distributed to perspective underwriters, who in turn may distribute copies of the Preliminary Official Statement to persons who may be interested in purchasing the Series B Bonds therein offered for sale. Any District Representative is authorized and directed to cause the Preliminary Official Statement to be brought into the form of a final official statement (the “Final Official Statement”) and to execute the Final Official Statement, dated as of the date of the sale of the Series B Bonds, and a statement that the facts contained in the Preliminary Official Statement, and any supplement or amendment thereto (which shall be deemed an original part thereof for the purpose of such statement) were, at the time of its date, true and correct in all material respects and that the facts contained in the Final Official Statement, and any supplement or amendment thereto (which shall be deemed an original part thereof for the purpose of such statement) were, at the time of sale of the Series B Bonds, true and correct in all material respects and that the Final Official Statement did not, on the date of sale of the Series B Bonds, and does not, as of the date of delivery of the Series B Bonds, contain any untrue statement of a material fact or omit to state material facts required to be stated where necessary to make any statement made therein not misleading in light of the circumstances under which it was made. The District Representatives shall take such further actions prior to the signing of the Final Official Statement as are deemed necessary or appropriate to verify the accuracy thereof. The -16- execution of the Final Official Statement, which shall include such changes and additions thereto deemed advisable by the District Representatives, and such information permitted to be excluded from the Preliminary Official Statement pursuant to the Rule, shall be conclusive evidence of the approval of the Final Official Statement by the District. The Final Official Statement, when prepared, is approved for distribution in connection with the offering and sale of the Series B Bonds. Section 4.04. Official Action. All actions heretofore taken by the officers and agents of the District with respect to the sale and issuance of the Series B Bonds are hereby approved, and the President of the Board, the Superintendent, the Assistant Superintendent, Business & Support Services, and any and all other officers of the District are hereby authorized and directed for and in the name and on behalf of the District, to do any and all things and take any and all actions relating to the execution and delivery of any and all certificates, requisitions, agreements and other documents, which they, or any of them, may deem necessary or advisable in order to consummate the lawful issuance and delivery of the Series B Bonds in accordance with this Resolution. -17- ARTICLE V OTHER COVENANTS OF THE DISTRICT Section 5.01. Punctual Payment. The District will punctually pay, or cause to be paid, the principal of and interest on the Series B Bonds, in strict conformity with the terms of the Series B Bonds and of this Resolution, and it will faithfully observe and perform all of the conditions, covenants and requirements of this Resolution and of the Series B Bonds. Nothing herein contained shall prevent the District from making advances of its own moneys, howsoever derived, to any of the uses or purposes permitted by law. Section 5.02. Extension of Time for Payment. In order to prevent any accumulation of claims for interest after maturity, the District will not, directly or indirectly, extend or consent to the extension of the time for the payment of any claim for interest on any of the Series B Bonds and will not, directly or indirectly, approve any such arrangement by purchasing or funding said claims for interest or in any other manner. In case any such claim for interest shall be extended or funded, whether or not with the consent of the District, such claim for interest so extended or funded shall not be entitled, in case of default hereunder, to the benefits of this Resolution, except subject to the prior payment in full of the principal of all of the Series B Bonds then Outstanding and of all claims for interest which shall not have so extended or funded. Section 5.03. Protection of Security and Rights of Bondowners. The District will preserve and protect the security of the Series B Bonds and the rights of the Bondowners, and will warrant and defend their rights against all claims and demands of all persons. From and after the sale and delivery of any of the Series B Bonds by the District, the Series B Bonds shall be incontestable by the District. Section 5.04. Further Assurances. The District will adopt, make, execute and deliver any and all such further resolutions, instruments and assurances as may be reasonably necessary or proper to carry out the intention or to facilitate the performance of this Resolution, and for the better assuring and confirming unto the Owners of the Series B Bonds of the rights and benefits provided in this Resolution. Section 5.05. Tax Covenants. (a) Private Activity Bond Limitation. The District shall assure that the proceeds of the Series B Bonds are not so used as to cause the Series B Bonds to satisfy the private business tests of section 141(b) of the Code or the private loan financing test of section 141(c) of the Code. (b) Federal Guarantee Prohibition. The District shall not take any action or permit or suffer any action to be taken if the result of the same would be to cause any of the Series B Bonds to be “federally guaranteed” within the meaning of section 149(b) of the Code. (c) Rebate Requirement. The District shall take any and all actions necessary to assure compliance with section 148(f) of the Code, relating to the rebate of excess investment earnings, if any, to the federal government, to the extent that such section is applicable to the Series B Bonds. (d) No Arbitrage. The District shall not take, or permit or suffer to be taken, any action with respect to the proceeds of the Series B Bonds which, if such action had been reasonably expected to have been taken, or had been deliberately and intentionally taken, on the date of -18- issuance of the Series B Bonds would have caused the Series B Bonds to be “arbitrage bonds” within the meaning of section 148 of the Code. (e) Maintenance of Tax-Exemption. The District shall take all actions necessary to assure the exclusion of interest on the Series B Bonds from the gross income of the Owners of the Series B Bonds to the same extent as such interest is permitted to be excluded from gross income under the Code as in effect on the date of issuance of the Series B Bonds. Section 5.06. Acquisition, Disposition and Valuation of Investments. (a) Except as otherwise provided in subsection (b) of this Section 5.06, the District covenants that all investments of amounts deposited in any fund or account created by or pursuant to this Resolution, or otherwise containing gross proceeds of the Series B Bonds (within the meaning of section 148 of the Code) shall be acquired, disposed of, and valued (as of the date that valuation is required by this Resolution or the Code) at Fair Market Value. (b) Investments in funds or accounts (or portions thereof) that are subject to a yield restriction under applicable provisions of the Code shall be valued at their present value (within the meaning of section 148 of the Code). Section 5.07. Continuing Disclosure. The District hereby covenants and agrees that it will comply with and carry out all of the provisions of the Continuing Disclosure Certificate, substantially in the form attached hereto as Exhibit D. Notwithstanding any other provision of this Resolution, failure of the District to comply with the Continuing Disclosure Certificate shall not be considered an Event of Default; however, any holder or beneficial owner of the Series B Bonds may take such actions as may be necessary and appropriate to compel performance, including seeking mandate of specific performance by court order. Section 5.08. Requirements of Section 53508.9 of the California Government Code. As required by section 53508.9 of the California Government Code, the District hereby states and certifies the following information: (a) Express Approval of Sale. The Board hereby approves the sale of the Series B Bonds by negotiated sale. (b) Statement of Reason for Method of Sale Selected. Negotiated sales have been successfully employed by the District in the past and negotiated sales offer greater flexibility in changing the time and terms of the sale than a competitive sale. (c) Disclosure of Consultants. The bond counsel to the District in connection with the issuance of the Series B Bonds will be Quint & Thimmig LLP, Larkspur, California. The disclosure counsel to the District in connection with the issuance of the Series B Bonds will be Quint & Thimmig LLP, Larkspur, California. The Municipal Advisor to the District in connection with the issuance of the Series B Bonds will be PFM Financial Advisors LLC, San Francisco, California. The Underwriter to the District in connection with the issuance of the Series B Bonds will be Raymond James & Associates, Inc., San Clemente, California. The Superintendent and the Deputy Superintendent are hereby authorized to enter into any new agreements and/or amend existing agreements with members of the financing team as appropriate provided such agreements describe the desired scope of services and specify a cost that is consistent with not-to-exceed cost estimates presented to the Board in connection with this resolution. A form of each applicable proposed agreement is on file with the Deputy Superintendent and available for review. -19- (d) Estimate of Costs Associated with the Sale of the Series B Bonds. Estimates of the costs associated with the issuance of the Series B Bonds are as follows: Underwriter’s Discount $90,000.00 Municipal Advisor 30,000.00 Bond Counsel 20,000.00 Disclosure Counsel 10,000.00 Paying Agent 1,000.00 Rating Agency 20,000.00 Printing 500.00 Miscellaneous 20,400.00 Total $191,900.00 -20- ARTICLE VI THE PAYING AGENT Section 6.01. Appointment of Paying Agent. The Bank of New York Mellon Trust Company, N.A. is hereby appointed Paying Agent for the Series B Bonds. The Paying Agent undertakes to perform such duties, and only such duties, as are specifically set forth in this Resolution, and, even during the continuance of an Event of Default, no implied covenants or obligations shall be read into this Resolution against the Paying Agent. The Paying Agent shall signify its acceptance of the duties and obligations imposed upon it by this Resolution by executing and delivering to the District a certificate to that effect. The District may remove the Paying Agent initially appointed, and any successor thereto, and may appoint a successor or successors thereto, but any such successor shall be a bank or trust company doing business in the State, having a combined capital (exclusive of borrowed capital) and surplus of at least fifty million dollars ($50,000,000), and subject to supervision or examination by federal or state authority. If such bank or trust company publishes a report of condition at least annually, pursuant to law or to the requirements of any supervising or examining authority above referred to, then for the purposes of this Section 6.01 the combined capital and surplus of such bank or trust company shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. The Paying Agent may at any time resign by giving written notice to the District and the Bondowners of such resignation. Upon receiving notice of such resignation, the District shall promptly appoint a successor Paying Agent by an instrument in writing. Any resignation or removal of the Paying Agent and appointment of a successor Paying Agent shall become effective upon acceptance of appointment by the successor Paying Agent. Section 6.02. Paying Agent May Hold Series B Bonds. The Paying Agent may become the owner of any of the Series B Bonds in its own or any other capacity with the same rights it would have if it were not Paying Agent. Section 6.03. Liability of Agents. The recitals of facts, covenants and agreements herein and in the Series B Bonds contained shall be taken as statements, covenants and agreements of the District, and the Paying Agent assumes no responsibility for the correctness of the same, nor makes any representations as to the validity or sufficiency of this Resolution or of the Series B Bonds, nor shall incur any responsibility in respect thereof, other than as set forth in this Resolution. The Paying Agent shall not be liable in connection with the performance of its duties hereunder, except for its own negligence or willful default. In the absence of bad faith, the Paying Agent may conclusively rely, as to the truth of the statements and the correctness of the opinions expressed therein, upon certificates or opinions furnished to the Paying Agent and conforming to the requirements of this Resolution; but in the case of any such certificates or opinions by which any provision hereof are specifically required to be furnished to the Paying Agent, the Paying Agent shall be under a duty to examine the same to determine whether or not they conform to the requirements of this Resolution. The Paying Agent shall not be liable for any error of judgment made in good faith by a responsible officer unless it shall be proved that the Paying Agent was negligent in ascertaining the pertinent facts. -21- No provision of this Resolution shall require the Paying Agent to expend or risk its own funds or otherwise incur any financial liability in the performance of any of its duties hereunder, or in the exercise of any of its rights or powers, if it shall have reasonable grounds for believing that repayment of such funds or adequate indemnity against such risk or liability is not reasonably assured to it. The Paying Agent may execute any of the powers hereunder or perform any duties hereunder either directly or by or through agents or attorneys and the Paying Agent shall not be responsible for any misconduct or negligence on the part of any agent or attorney appointed with due care by it hereunder. Section 6.04. Notice to Agents. The Paying Agent may rely and shall be protected in acting or refraining from acting upon any notice, resolution, request, consent, order, certificate, report, warrant, bond or other paper or document believed by it to be genuine and to have been signed or presented by the proper party or proper parties. The Paying Agent may consult with counsel, who may be of counsel to the District, with regard to legal questions, and the opinion of such counsel shall be full and complete authorization and protection in respect of any action taken or suffered by it hereunder in good faith and in accordance therewith. Whenever in the administration of its duties under this Resolution the Paying Agent shall deem it necessary or desirable that a matter be proved or established prior to taking or suffering any action hereunder, such matter (unless other evidence in respect thereof be herein specifically prescribed) may, in the absence of bad faith on the part of the Paying Agent, be deemed to be conclusively proved and established by a certificate of the District, and such certificate shall be full warrant to the Paying Agent for any action taken or suffered under the provisions of this Resolution upon the faith thereof, but in its discretion the Paying Agent may, in lieu thereof, accept other evidence of such matter or may require such additional evidence as to it may seem reasonable. Section 6.05. Compensation, Indemnification. (a) The District shall pay to the Paying Agent from time to time reasonable compensation for all services rendered under this Resolution, and also all reasonable expenses, charges, counsel fees and other disbursements, including those of their attorneys, agents and employees, incurred in and about the performance of their powers and duties under this Resolution. Any District Representative is hereby authorized to execute an agreement or agreements with the Paying Agent in connection with such fees and expenses. The District further agrees to indemnify and save the Paying Agent harmless against any liabilities which it may incur in the exercise and performance of its powers and duties hereunder which are not due to its negligence or bad faith. (b) The District shall indemnify and hold harmless, to the extent permitted by law, the County and its officers and employees (“Indemnified Parties”), against any and all losses, claims, damages or liabilities, joint or several, to which such Indemnified Parties may become subject related to the proceedings for sale, award, issuance and delivery of the Series B Bonds in accordance therewith and herewith. The District shall also reimburse any such Indemnified Parties for any legal or other expenses incurred in connection with investigating or defending any such claims or actions. -22- ARTICLE VII EVENTS OF DEFAULT AND REMEDIES OF BONDOWNERS Section 7.01. Events of Default. The following events (“Events of Default”) shall be events of default hereunder: (a) if default shall be made in the due and punctual payment of the principal of on any Series B Bond when and as the same shall become due and payable, whether at maturity as therein expressed, by declaration or otherwise; (b) if default shall be made in the due and punctual payment of any installment of interest on any Series B Bond when and as such interest installment shall become due and payable; (c) if default shall be made by the District in the observance of any of the covenants, agreements or conditions on its part in this Resolution or in the Series B Bonds contained, and such default shall have continued for a period of thirty (30) days after written notice thereof to the District; or (d) if the District shall file a petition seeking reorganization or arrangement under the federal bankruptcy laws or any other applicable law of the United States of America, or if a court of competent jurisdiction shall approve a petition, seeking reorganization of the District under the federal bankruptcy laws or any other applicable law of the United States of America, or if, under the provisions of any other law for the relief or aid of debtors, any court of competent jurisdiction shall assume custody or control of the District or of the whole or any substantial part of its property. Section 7.02. Remedies of Bondowners. Any Bondowner shall have the right, for the equal benefit and protection of all Bondowners similarly situated: (a) by mandamus, suit, action or proceeding, to compel the District and its members, officers, agents or employees to perform each and every term, provision and covenant contained in this Resolution and in the Series B Bonds, and to require the carrying out of any or all such covenants and agreements of the District and the fulfillment of all duties imposed upon it; (b) by suit, action or proceeding in equity, to enjoin any acts or things which are unlawful, or the violation of any of the Bondowners’ rights; or (c) upon the happening of any Event of Default, by suit, action or proceeding in any court of competent jurisdiction, to require the District and its members and employees to account as if it and they were the trustees of an express trust. Section 7.03. Non-Waiver. Nothing in this Article VII or in any other provision of this Resolution, or in the Series B Bonds, shall affect or impair the obligation of the District, which is absolute and unconditional, to pay the principal of and interest on the Series B Bonds to the respective Owners of the Series B Bonds at the respective dates of maturity, as herein provided, or affect or impair the right of action, which is also absolute and unconditional, of such Owners to institute suit to enforce such payment by virtue of the contract embodied in the Series B Bonds. -23- A waiver of any default by any Bondowner shall not affect any subsequent default or impair any rights or remedies on the subsequent default. No delay or omission of any Owner of any of the Series B Bonds to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver of any such default or an acquiescence therein, and every power and remedy conferred upon the Bondowners by this Article VI may be enforced and exercised from time to time and as often as shall be deemed expedient by the Owners of the Series B Bonds. If a suit, action or proceeding to enforce any right or exercise any remedy be abandoned or determined adversely to the Bondowners, the District and the Bondowners shall be restored to their former positions, rights and remedies as if such suit, action or proceeding had not been brought or taken. Section 7.04. Remedies Not Exclusive. No remedy herein conferred upon the Owners of Series B Bonds shall be exclusive of any other remedy and that each and every remedy shall be cumulative and shall be in addition to every other remedy given hereunder or thereafter conferred on the Bondowners. -24- ARTICLE VIII SUPPLEMENTAL RESOLUTIONS Section 8.01. Supplemental Resolutions Effective Without Consent of the Owners. For any one or more of the following purposes and at any time or from time to time, a Supplemental Resolution of the District may be adopted, which, without the requirement of consent of the Owners of the Series B Bonds, shall be fully effective in accordance with its terms: (a) to add to the covenants and agreements of the District in this Resolution, other covenants and agreements to be observed by the District which are not contrary to or inconsistent with this Resolution as theretofore in effect; (b) to add to the limitations and restrictions in this Resolution, other limitations and restrictions to be observed by the District which are not contrary to or inconsistent with this Resolution as theretofore in effect; (c) to confirm, as further assurance, any pledge under, and the subjection to any lien or pledge created or to be created by, this Resolution, of any moneys, securities or funds, or to establish any additional funds or accounts to be held under this Resolution; (d) to cure any ambiguity, supply and omission, or cure or correct any defect or inconsistent provision in this Resolution; or (e) to make such additions, deletions or modifications as may be necessary or desirable to assure exemption from federal income taxation of interest on the Series B Bonds. Section 8.02. Supplemental Resolutions Effective With Consent to the Owners. Any modification or amendment of this Resolution and of the rights and obligations of the District and of the Owners of the Series B Bonds, in any particular, may be made by a Supplemental Resolution, with the written consent of the Owners of at least two-thirds in aggregate principal amount of the Series B Bonds Outstanding at the time such consent is given. No such modification or amendment shall permit a change in the terms of maturity of the principal of any Outstanding Series B Bonds or of any interest payable thereon or a reduction in the principal amount thereof or in the rate of interest thereon, or shall reduce the percentage of Series B Bonds the consent of the Owners of which is required to effect any such modification or amendment, or shall change any of the provisions in Section 7.01 hereof relating to Events of Default, or shall reduce the amount of moneys pledged for the repayment of the Series B Bonds without the consent of all the Owners of such Series B Bonds, or shall change or modify any of the rights or obligations of any Paying Agent without its written assent thereto. -25- ARTICLE IX MISCELLANEOUS Section 9.01. Benefits of Resolution Limited to Parties. Nothing in this Resolution, expressed or implied, is intended to give to any person other than the District, the Paying Agent and the Owners of the Series B Bonds, any right, remedy, claim under or by reason of this Resolution. Any covenants, stipulations, promises or agreements in this Resolution contained by and on behalf of the District shall be for the sole and exclusive benefit of the Owners of the Series B Bonds. Section 9.02. Defeasance. (a) Discharge of Resolution. Series B Bonds may be paid by the District in any of the following ways, provided that the District also pays or causes to be paid any other sums payable hereunder by the District: (i) by paying or causing to be paid the principal or redemption price of and interest on Series B Bonds Outstanding, as and when the same become due and payable; (ii) by depositing, in trust with an escrow holder, at or before maturity, money or securities in the necessary amount (as provided in Section 9.02(c) to pay or redeem Series B Bonds Outstanding; or (iii) by delivering to the Paying Agent, for cancellation by it, Series B Bonds Outstanding. If the District shall pay all Series B Bonds Outstanding, and shall pay or cause to be paid all other sums payable hereunder by the District, then and in that case, at the election of the District (evidenced by a certificate of a District Representative, filed with the Paying Agent, signifying the intention of the District to discharge all such indebtedness and this Resolution), and notwithstanding that any Series B Bonds shall not have been surrendered for payment, this Resolution and all covenants, agreements and other obligations of the District under this Resolution shall cease, terminate, become void and be completely discharged and satisfied, except only as provided in Section 9.02(b). In such event, upon request of the District, the Paying Agent shall cause an accounting for such period or periods as may be requested by the District to be prepared and filed with the District and shall execute and deliver to the District all such instruments as may be necessary to evidence such discharge and satisfaction, and the Paying Agent shall pay over, transfer, assign or deliver to the District all moneys or securities or other property held by it pursuant to this Resolution which are not required for the payment or redemption of Series B Bonds not theretofore surrendered for such payment or redemption. (b) Discharge of Liability on Series B Bonds. Upon the deposit, in trust, at or before maturity, of money or securities in the necessary amount (as provided in Section 9.02(c) to pay or redeem any Outstanding Series B Bond (whether upon or prior to its maturity or the redemption date of such Series B Bond), provided that, if such Series B Bond is to be redeemed prior to maturity, notice of such redemption shall have been given as in Section 2.03 provided or provision satisfactory to the Paying Agent shall have been made for the giving of such notice, then all liability of the District in respect of such Series B Bond shall cease and be completely discharged, except only that thereafter the Owner thereof shall be entitled only to payment of the principal of and interest on such Series B Bond by the District, and the District shall remain liable for such payment, but only out of such money or securities deposited in trust with an -26- escrow holder as aforesaid for such payment, provided further, however, that the provisions of Section 9.02(d) shall apply in all events. The District may at any time surrender to the Paying Agent for cancellation by it any Series B Bonds previously issued and delivered, which the District may have acquired in any manner whatsoever, and such Series B Bonds, upon such surrender and cancellation, shall be deemed to be paid and retired. (c) Deposit of Money or Securities with Paying Agent. Whenever in this Resolution it is provided or permitted that there be deposited with or held in trust with an escrow holder money or securities in the necessary amount to pay or redeem any Series B Bonds, the money or securities so to be deposited or held may include money or securities held by the Paying Agent in the funds and accounts established pursuant to this Resolution and shall be: (i) lawful money of the United States of America in an amount equal to the principal amount of such Series B Bonds and all unpaid interest thereon to maturity, except that, in the case of Series B Bonds which are to be redeemed prior to maturity and in respect of which notice of such redemption shall have been given as in Section 2.03 provided or provision satisfactory to the Paying Agent shall have been made for the giving of such notice, the amount to be deposited or held shall be the principal amount or redemption price of such Series B Bonds and all unpaid interest thereon to the redemption date; or (ii) Federal Securities (not callable by the issuer thereof prior to maturity) the principal of and interest on which when due, in the opinion of a certified public accountant delivered to the District, will provide money sufficient to pay the principal or redemption price of and all unpaid interest to maturity, or to the redemption date, as the case may be, on the Series B Bonds to be paid or redeemed, as such principal or redemption price and interest become due, provided that, in the case of Series B Bonds which are to be redeemed prior to the maturity thereof, notice of such redemption shall have been given as in Section 2.03 provided or provision satisfactory to the Paying Agent shall have been made for the giving of such notice; provided, in each case, that the Paying Agent shall have been irrevocably instructed (by the terms of this Resolution or by request of the District) to apply such money to the payment of such principal or redemption price and interest with respect to such Series B Bonds. (d) Payment of Series B Bonds After Discharge of Resolution. Notwithstanding any provisions of this Resolution, any moneys held in trust with an escrow holder for the payment of the principal or redemption price of, or interest on, any Series B Bonds and remaining unclaimed for one year after the principal of all of the Series B Bonds has become due and payable (whether at maturity or upon call for redemption or by acceleration as provided in this Resolution), if such moneys were so held at such date, or one year after the date of deposit of such moneys if deposited after said date when all of the Series B Bonds became due and payable, shall, upon request of the District, be repaid to the District free from the trusts created by this Resolution, and all liability of the escrow holder with respect to such moneys shall thereupon cease; provided, however, that before the repayment of such moneys to the District as aforesaid, the Paying Agent may (at the cost of the District) first mail to the Owners of all Series B Bonds which have not been paid at the addresses shown on the registration books maintained by the Paying Agent a notice in such form as may be deemed appropriate by the Paying Agent, with respect to the Series B Bonds so payable and not presented and with respect to the provisions relating to the repayment to the District of the moneys held for the payment thereof. -27- Section 9.03. Execution of Documents and Proof of Ownership by Bondowners. Any request, declaration or other instrument which this Resolution may require or permit to be executed by Bondowners may be in one or more instruments of similar tenor, and shall be executed by Bondowners in person or by their attorneys appointed in writing. Except as otherwise herein expressly provided, the fact and date of the execution by any Bondowner or his attorney of such request, declaration or other instrument, or of such writing appointing such attorney, may be proved by the certificate of any notary public or other officer authorized to take acknowledgments of deeds to be recorded in the state in which he purports to act, that the person signing such request, declaration or other instrument or writing acknowledged to him the execution thereof, or by an affidavit of a witness of such execution, duly sworn to before such notary public or other officer. Except as otherwise herein expressly provided, the ownership of registered Series B Bonds and the amount, maturity, number and date of holding the same shall be proved by the registry books. Any request, declaration or other instrument or writing of the Owner of any Series B Bond shall bind all future Owners of such Series B Bond in respect of anything done or suffered to be done by the District or the Paying Agent in good faith and in accordance therewith. Section 9.04. Waiver of Personal Liability. No boardmember, officer, agent or employee of the District shall be individually or personally liable for the payment of the principal of or interest on the Series B Bonds; but nothing herein contained shall relieve any such boardmember, officer, agent or employee from the performance of any official duty provided by law. Section 9.05. Destruction of Canceled Series B Bonds. Whenever in this Resolution provision is made for the surrender to the District of any Series B Bonds which have been paid or canceled pursuant to the provisions of this Resolution, a certificate of destruction duly executed by the Paying Agent shall be deemed to be the equivalent of the surrender of such canceled Series B Bonds and the District shall be entitled to rely upon any statement of fact contained in any certificate with respect to the destruction of any such Series B Bonds therein referred to. Section 9.06. Partial Invalidity. If any Section, paragraph, sentence, clause or phrase of this Resolution shall for any reason be held illegal or unenforceable, such holding shall not affect the validity of the remaining portions of this Resolution. The District hereby declares that it would have adopted this Resolution and each and every other Section, paragraph, sentence, clause or phrase hereof and authorized the issue of the Series B Bonds pursuant thereto irrespective of the fact that any one or more Sections, paragraphs, sentences, clauses, or phrases of this Resolution may be held illegal, invalid or unenforceable. If, by reason of the judgment of any court, the District is rendered unable to perform its duties hereunder, all such duties and all of the rights and powers of the District hereunder shall be assumed by and vest in the District in trust for the benefit of the Bondowners. Section 9.07. Effective Date of Resolution. This Resolution shall take effect from and after the date of its passage and adoption. Exhibit A Page 1 EXHIBIT A FORM OF SERIES B BOND United States of America State of California Contra Costa County PITTSBURG UNIFIED SCHOOL DISTRICT GENERAL OBLIGATION BONDS, ELECTION OF 2014, SERIES B (2017) INTEREST RATE: MATURITY DATE: ISSUE DATE: CUSIP: _______% August 1, ____ August 2, 2017 ____ REGISTERED OWNER: CEDE & CO. PRINCIPAL SUM: ________________________________________ DOLLARS The PITTSBURG UNIFIED SCHOOL DISTRICT, a school district, duly organized and existing under and by virtue of the Constitution and laws of the State of California (the “District”), for value received hereby promises to pay to the Registered Owner stated above, or registered assigns (the “Owner”), on the Maturity Date stated above (subject to any right of prior redemption hereinafter provided for), the Principal Sum stated above, in lawful money of the United States of America, and to pay interest thereon in like lawful money from the interest payment date next preceding the date of authentication of this Bond (unless (i) this Bond is authenticated on an interest payment date, in which event it shall bear interest from such date of authentication, or (ii) this Bond is authenticated prior to an interest payment date and after the close of business on the fifteenth day of the month preceding such interest payment date, in which event it shall bear interest from such interest payment date, or (iii) this Bond is authenticated on or prior to January 15, 2018, in which event it shall bear interest from the Issue Date stated above; provided however, that if at the time of authentication of this Bond, interest is in default on this Bond, this Bond shall bear interest from the interest payment date to which interest has previously been paid or made available for payment on this Bond) until payment of such Principal Sum in full, at the rate per annum stated above, payable on February 1 and August 1 in each year, commencing February 1, 2018, calculated on the basis of 360-day year comprised of twelve 30-day months. Principal hereof is payable at the corporate trust office of The Bank of New York Mellon Trust Company, N.A. (the “Paying Agent”), in Dallas, Texas. Interest hereon (including the final interest payment upon maturity or earlier redemption) is payable by check or draft of the Paying Agent mailed by first-class mail to the Owner at the Owner’s address as it appears on the registration books maintained by the Paying Agent as of the close of business on the fifteenth day of the month next preceding such interest payment date (the “Record Date”), or at such other address as the Owner may have filed with the Paying Agent for that purpose; provided however, that payment of interest may be by wire transfer in immediately available funds to an account in the United States of America to any Owner of Bonds in the aggregate principal amount of $1,000,000 or more who shall furnish written wire instructions to the Paying Agent at least five (5) days before the applicable Record Date. This Bond is one of a duly authorized issue of Bonds of the District designated as “Pittsburg Unified School District (Contra Costa County, California) General Obligation Bonds, Election of 2014, Series B (2017)” (the “Bonds”), in an aggregate principal amount of __________________ dollars ($________), all of like tenor and date (except for such variation, if any, as may be required to designate varying numbers, maturities, interest rates or redemption and other provisions) and all issued pursuant to the provisions of Article 4.5 of Chapter 3 of Part 1 of Division 2 of Title 5 (commencing with section 53506) of the California Government Code (the “Act”), and pursuant to Resolution No. __ of the District adopted June 14, 2017 (the “Resolution”), authorizing the issuance of the Bonds. Reference is hereby made to the Resolution (copies of which are on file at the office of the Clerk of the Board of Trustees of the District) and the Act for a description of the terms on which the Bonds are issued and the rights Exhibit A Page 2 thereunder of the owners of the Bonds and the rights, duties and immunities of the Paying Agent and the rights and obligations of the District thereunder, to all of the provisions of which Resolution the Owner of this Bond, by acceptance hereof, assents and agrees. A duly called election was held in the District on November 4, 2014, and thereafter canvassed pursuant to law. At such election there was submitted to and approved by the requisite 55% vote of the qualified electors of the District a question as to the issuance and sale of general obligation bonds of the District to provide safe, modern neighborhood schools with updated computer technology, upgrade energy systems, including solar, reduce cost, improve student learning by acquiring, upgrading, constructing, equipping classrooms, science/computer labs, and school facilities, replace aging roofs, plumbing, heating, ventilation/electrical systems, improve fire alarms, school security and earthquake safety (the “Project”), in the maximum aggregate principal amount of $85,000,000 (the “Authorization”) payable from the levy of an ad valorem tax against the taxable property in the District. The Series B Bonds represent the second issue under the Authorization. This Bond and the interest hereon and on all other Bonds and the interest thereon (to the extent set forth in the Resolution) are general obligations of the District and do not constitute an obligation of Contra Costa County. The District has the power and is obligated to cause the Contra Costa County Board of Supervisors to levy ad valorem taxes for the payment of the Bonds and the interest thereon upon all property within the District subject to taxation by the District. No part of any fund of the Contra Costa County is pledged or obligated to the payment of the Bonds. The Bonds maturing on or before August 1, ____, are non-callable. The Bonds maturing on August 1, ____, or any time thereafter, are callable for redemption prior to their stated maturity date at the option of the District, as a whole, or in part on any date on or after August 1, ____ (in such maturities as are designated by the District, or, if the District fails to designate such maturities, on a proportional basis), and may be redeemed prior to the maturity thereof by payment of all principal, plus accrued interest to date of redemption, without premium. [If applicable:] The Bonds maturing on August 1, 20___ (the “Term Bonds”) are also subject to mandatory sinking fund redemption on August 1 in the years, and in the amounts, as set forth in the following table, at a redemption price equal to one hundred percent (100%) of the principal amount thereof to be redeemed (without premium), together with interest accrued thereon to the date fixed for redemption; provided, however, that if some but not all of the Term Bonds have been redeemed pursuant to the preceding paragraph, the aggregate principal amount of Term Bonds to be redeemed under this paragraph shall be reduced on a pro rata basis in integral multiples of $5,000, as shall be designated pursuant to written notice filed by the District with the Paying Agent: Sinking Fund Principal Redemption Date Amount to be (August 1) Redeemed †Maturity The Paying Agent shall give notice of the redemption of the Bonds at the expense of the District. Such notice shall specify: (a) that the Bonds or a designated portion thereof are to be redeemed, (b) the numbers and CUSIP numbers of the Bonds to be redeemed, (c) the date of notice and the date of redemption, (d) the place or places where the redemption will be made, and (e) descriptive information regarding the Bonds including the dated date, interest rate and stated maturity date. Such notice shall further state that on the specified date there shall become due and payable upon each Bond to be redeemed, the portion of the principal amount of such Bond to be redeemed, together with interest accrued to said date, and that from and after such date interest with respect thereto shall cease to accrue and be payable. Exhibit A Page 3 If an Event of Default, as defined in the Resolution, shall occur, the principal of all Bonds may be declared due and payable upon the conditions, in the manner and with the effect provided in the Resolution, but such declaration and its consequences may be rescinded and annulled as further provided in the Resolution. The Bonds are issuable as fully registered Bonds, without coupons, in denominations of $5,000 and any integral multiple thereof. Subject to the limitations and conditions and upon payment of the charges, if any, as provided in the Resolution, Bonds may be exchanged for a like aggregate principal amount of Bonds of other authorized denominations and of the same maturity. This Bond is transferable by the Owner hereof, in person or by his attorney duly authorized in writing, at said office of the Paying Agent in Dallas, Texas, but only in the manner and subject to the limitations provided in the Resolution, and upon surrender and cancellation of this Bond. Upon registration of such transfer a new Bond or Bonds, of authorized denomination or denominations, for the same aggregate principal amount and of the same maturity will be issued to the transferee in exchange herefor. The District and the Paying Agent may treat the Owner hereof as the absolute owner hereof for all purposes, and the District and the Paying Agent shall not be affected by any notice to the contrary. The Resolution may be amended without the consent of the Owners of the Bonds to the extent set forth in the Resolution. It is hereby certified that all of the things, conditions and acts required to exist, to have happened or to have been performed precedent to and in the issuance of this Bond do exist, have happened or have been performed in due and regular time and manner as required by the laws of the State of California (the “State”), and that the amount of this Bond, together with all other indebtedness of the District, does not exceed any limit prescribed by any laws of the State of California, and is not in excess of the amount of Bonds permitted to be issued under the Resolution. This Bond shall not be entitled to any benefit under the Resolution or become valid or obligatory for any purpose until the Certificate of Authentication hereon shall have been signed manually by the Paying Agent. Unless this certificate is presented by an authorized representative of The Depository Trust Company; a New York corporation (“DTC”), to the District or the Paying Agent for registration of transfer, exchange, or payment, and any certificate issued is registered in the name of Cede & Co. or in such other name as is requested by an authorized representative of DTC (and any payment is made to Cede & Co. or to such other entity as is requested by an authorized representative of DTC), ANY TRANSFER, PLEDGE, OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL inasmuch as the registered owner hereof, Cede & Co., has an interest herein. IN WITNESS WHEREOF, the Pittsburg Unified School District has caused this Bond to be executed in its name and on its behalf with the facsimile signatures of the President of the Board of Trustees and the Clerk of the Board of Trustees, all as of the Issue Date stated above. PITTSBURG UNIFIED SCHOOL DISTRICT By President of the Board of Trustees Clerk of the Board of Trustees Exhibit A Page 4 CERTIFICATE OF AUTHENTICATION This is one of the Bonds described in the within-mentioned Resolution. Authentication Date: THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., as Paying Agent By Authorized Signatory Exhibit A Page 5 ASSIGNMENT For value received, the undersigned do(es) hereby sell, assign and transfer unto (Name, Address and Tax Identification or Social Security Number of Assignee) the within Series B Bond and do(es) hereby irrevocably constitute(s) and appoint(s) attorney, to transfer the same on the registration books of the Paying Agent with full power of substitution in the premises. Dated: _______________ Signature Guaranteed: ____________________________________ ____________________________________ Notice: Signature(s) must be guaranteed by a qualified guarantor institution. Notice: The signature on this assignment must correspond with the name(s) as written on the face of the within bond in every particular without alteration or enlargement or any change whatsoever.” Exhibit B Page 1 EXHIBIT B FORM OF BOND PURCHASE AGREEMENT $___________ PITTSBURG UNIFIED SCHOOL DISTRICT (Contra Costa County, California) General Obligation Bonds, Election of 2014, Series B (2017) BOND PURCHASE AGREEMENT June 28, 2017 Pittsburg Unified School District 2000 Railroad Avenue Pittsburg, CA 94565 Ladies and Gentlemen: Raymond James & Associates, Inc. (the “Underwriter”), offers to enter into this Bond Purchase Agreement (the “Bond Purchase Agreement”) with the Pittsburg Unified School District (the “District”) which, upon your acceptance hereof, will be binding upon the District and the Underwriter. This offer is made subject to the written acceptance of this Bond Purchase Agreement by the District and delivery of such acceptance to the Underwriter at or prior to 11:59 P.M., California time, on the date hereof. 1. Purchase and Sale of the Series B Bonds. Upon the terms and conditions and in reliance upon the representations, warranties and agreements herein set forth, the Underwriter hereby agrees to purchase from the District for reoffering to the public, and the District hereby agrees to sell to the Underwriter for such purpose, all (but not less than all) of $___________ in aggregate principal amount of the District’s General Obligation Bonds, Election of 2014, Series B (2017) (the “Series B Bonds”). The purchase price for the Series B Bonds shall be $_________ (being equal to the aggregate principal amount of the Series B Bonds ($___________), plus a net original issue premium of $_________, less an Underwriter’s discount of $________). The Underwriter will transfer (a) $_________ to the Contra Costa County Treasurer-Tax Collector (the “County Treasurer”) for deposit in the Building Fund created by the County Treasurer and maintained for the District, (b) $_________ to the County Treasurer for deposit in the Interest and Sinking Fund maintained for the District, and (c) $_________ to The Bank of New York Mellon Trust Company, N.A., as paying agent (the “Paying Agent”), for deposit in the Costs of Issuance Fund held by the Paying Agent, as costs of issuance custodian, for disbursement at the direction of the District. The District acknowledges and agrees that (i) the purchase and sale of the Series B Bonds pursuant to this Bond Purchase Agreement is an arm’s-length commercial transaction between the District and the Underwriter, (ii) in connection with such transaction, the Underwriter is acting solely as a principal and not as an advisor (including, without limitation, a Municipal Advisor (as such term is defined in section 975(e) of the Dodd-Frank Wall Street Reform and Consumer Protection Act)), agent or a fiduciary of the District, (iii) the Underwriter has not assumed a fiduciary responsibility in favor of the District with respect to the offering of the Series B Bonds or the process leading thereto (whether or not the Underwriter, or any affiliate of the Underwriter, has advised or is currently advising the District on other matters) or any other obligation to the District except the obligations expressly set forth in this Bond Purchase Agreement, (iv) the Underwriter has financial and other interests that differ from those of the Exhibit B Page 2 District, and (v) the District has consulted with its own legal and Municipal Advisors to the extent it deemed appropriate in connection with the offering of the Series B Bonds The District acknowledges that it has previously provided the Underwriter with an acknowledgement of receipt of the required Underwriter disclosure under Rule G-17 of the Municipal Securities Rulemaking Board. 2. The Series B Bonds. Except as hereinafter described, the Series B Bonds shall be as described in, and shall be issued and secured pursuant to the provisions of the resolution of the District adopted on June 14, 2017 (the “Resolution”), provisions of Article 4.5 of Chapter 3 of Part 1 of Division 2 of Title 5 (commencing with section 53506) of the California Government Code (the “Act”) and other applicable provisions of law. The Series B Bonds shall be issued, authenticated and delivered under and in accordance with the provisions of this Bond Purchase Agreement and the Resolution. The Series B Bonds are being issued as current interest bonds. At an election held in the District on November 4, 2014, more than 55% of the qualified electors of the District approved the issuance of $85,000,000 general obligation bonds to finance the construction of a new high school and improvements to the existing high school by updating/replacing of aging classrooms and support facilities, and instructional technology needed for improved teaching, replacing portable classrooms, repairing/replacing roofs, worn-out floors, electrical systems, seismic upgrades and improving energy efficiency to save money and support instruction within the District (the “Project”), payable from the levy of an ad valorem tax against the taxable property in the District (the “Authorization”). The Series B Bonds are being issued pursuant to the Authorization to fund a portion of the Project. The Series B Bonds will be dated the date of delivery and accrue interest from such date, payable semiannually on February 1 and August 1 of each year, commencing on February 1, 2018. The Series B Bonds will mature on the dates, bear interest at the rates and be subject to redemption on the terms and conditions, all as shown on Appendix A hereto, which is incorporated herein by this reference. The Series B Bonds will be issued as fully registered bonds, without coupons, in the denominations of $5,000 and any integral multiple thereof. To assist the Underwriter in complying with Securities and Exchange Commission Rule 15c2- 12(b)(5) (the “Rule”), the District will undertake, pursuant to the Resolution and a continuing disclosure certificate (the “Continuing Disclosure Certificate”), to provide annual reports and notices of certain events. A description of this undertaking is set forth in the Preliminary Official Statement and will also be set forth in the Official Statement (each as hereinafter defined). 3. Use of Documents. The District hereby authorizes the Underwriter to use, in connection with the offer and sale of the Series B Bonds, this Bond Purchase Agreement, the Official Statement and the Resolution and all information contained herein and therein and all of the documents, certificates or statements furnished by the District to the Underwriter in connection with the transactions contemplated by this Bond Purchase Agreement. 4. Public Offering of the Series B Bonds. The Underwriter agrees to make a bona fide public offering of all the Series B Bonds at the initial public offering price or yield to be set forth on the cover page of the Official Statement and Appendix A hereto. Except as described below in Section 5—Issue Price, subsequent to such initial public offering, the Underwriter reserves the right to change such initial public offering price or yield as it deems necessary in connection with the marketing of the Series B Bonds. 5. Issue Price. (a) The Underwriter agrees to assist the District in establishing the issue price of the Series B Bonds and shall execute and deliver to the District on the Closing Date an “issue price” or similar certificate substantially in the form attached hereto as Appendix B, with such modifications as may be appropriate or necessary, in the reasonable judgment of the Underwriter, the District and Bond Counsel, Exhibit B Page 3 to accurately reflect, as applicable, the sales price or prices or the initial offering price or prices to the public of the Series B Bonds. (b) [Except as otherwise set forth in Schedule 1 attached to Exhibit B,] the District will treat the first price at which 10% of each maturity of the Series B Bonds (the “10% test”) is sold to the public as the issue price of that maturity (if different interest rates apply within a maturity, each separate CUSIP number within that maturity will be subject to the 10% test). If the 10% test has not been satisfied as to any maturity of the Series B Bonds, the Underwriter agrees to promptly report to the District or to the District’s municipal advisor the prices at which it sells Series B Bonds of that maturity to the public. That reporting obligation shall continue, whether or not the Closing Date has occurred, until the 10% test has been satisfied as to the Series B Bonds of that maturity or until all Series B Bonds of that maturity have been sold. [Schedule [1] and subsection (c) shall apply only if the Underwriter agrees to apply the hold-the-offering- price rule, as described below.] (c) Schedule 1 attached to Appendix B sets forth the maturities, if any, of the Series B Bonds for which the 10% test has not been satisfied and for which the District and the Underwriter agree that the restrictions set forth in the next sentence shall apply, which will allow the District to treat the initial offering price to the public of each such maturity as of the sale date as the issue price of that maturity (the “hold-the-offering-price rule”). So long as the hold-the-offering-price rule remains applicable to any maturity of the Series B Bonds, the Underwriter will neither offer nor sell that maturity to any person at a price that is higher than the initial offering price to the public during the period starting on the sale date and ending on the earlier of the following: (i) the close of the fifth (5th) business day after the sale date; or (ii) the date on which the Underwriter has sold at least 10% of that maturity of the Series B Bonds to the public at a price that is no higher than the initial offering price to the public. The Underwriter shall promptly advise the District or the District’s municipal advisor when it has sold 10% of that maturity of the Series B Bonds to the public at a price that is no higher than the initial offering price to the public, if that occurs prior to the close of the fifth (5th) business day after the sale date. (d) The Underwriter acknowledges that sales of any Series B Bonds to any person that is a related party to the Underwriter shall not constitute sales to the public for purposes of this Section 3. Further, for purposes of this Section 3: (i) “public” means any person other than an underwriter or a related party, (ii) “underwriter” means (A) any person that agrees pursuant to a written contract with the District (or with the lead underwriter to form an underwriting syndicate) to participate in the initial sale of the Series B Bonds to the public and (B) any person that agrees pursuant to a written contract directly or indirectly with a person described in clause (A) to participate in the initial sale of the Series B Bonds to the public (including a member of a selling group or a party to a retail distribution agreement participating in the initial sale of the Series B Bonds to the public), and (iii) a purchaser of any of the Series B Bonds is a “related party” to an underwriter if the Underwriter and the purchaser are subject, directly or indirectly, to more than 50% common ownership. 6. Review of Official Statement. The Underwriter hereby represents that it has received and reviewed the preliminary official statement with respect to the Series B Bonds, dated June 21, 2017 (the Preliminary Official Statement”). The District represents that it has duly authorized and caused the preparation of the Preliminary Official Statement and that it deemed the Preliminary Official Statement to be final as of its date, except for either revision or addition of the offering price(s), yield(s) to maturity, selling compensation, aggregate principal amount, delivery date, rating(s) and other terms of the Series B Bonds which depend upon the foregoing as provided in and pursuant to the Rule. Exhibit B Page 4 The Underwriter agrees that prior to the time a final Official Statement relating to the Series B Bonds is available, the Underwriter will send to any potential purchaser of the Series B Bonds, upon the request of such potential purchaser, a copy of the most recent Preliminary Official Statement. Such Preliminary Official Statement shall be sent by first class mail (or other equally prompt means) not later than the first business day following the date upon which each such request is received. 7. Closing. At 9:00 A.M., California time, on August 2, 2017, or at such other time or on such other date as shall have been mutually agreed upon by you and us (the “Closing”), the District will deliver to the Underwriter (except as otherwise provided in the Resolution), through the facilities of The Depository Trust Company (“DTC”), or at such other place as we may mutually agree, the Series B Bonds in fully registered book-entry form, duly executed and registered in the name of Cede & Co., as nominee of DTC, and in Larkspur, California, the other documents hereinafter mentioned; and the Underwriter will accept such delivery and pay the purchase price thereof in immediately available funds. 8. Representations, Warranties and Agreements of the District. The District hereby represents, warrants and agrees with the Underwriter that: (a) Due Organization. The District is a school district duly organized and validly existing under the laws of the State of California (the “State”), with the power to issue the Series B Bonds pursuant to the Act. (b) Due Authorization. (i) At or prior to the Closing, the District will have taken all action required to be taken by it to authorize the issuance and delivery of the Series B Bonds; (ii) the District has full legal right, power and authority to enter into this Bond Purchase Agreement, to adopt the Resolution, to perform its obligations under each such document or instrument, and to carry out and effectuate the transactions contemplated by this Bond Purchase Agreement and the Resolution; (iii) the execution and delivery or adoption of, and the performance by the District of the obligations contained in the Series B Bonds, the Resolution, the Continuing Disclosure Certificate and this Bond Purchase Agreement have been duly authorized and such authorization shall be in full force and effect at the time of the Closing; (iv) this Bond Purchase Agreement, the Resolution and the Continuing Disclosure Certificate constitute the valid and legally binding obligations of the District; (v) the Series B Bonds, when issued, authenticated and sold to the Underwriter in accordance with the Resolution, and this Bond Purchase Agreement, will be the legal, valid, binding and enforceable obligations of the District enforceable in accordance with their terms; and (vi) the District has duly authorized the consummation by it of all transactions contemplated by this Bond Purchase Agreement, the Resolution and the Continuing Disclosure Certificate. The District will not amend, terminate or rescind, and will not agree to any amendment, termination or rescission of the Resolution, the Continuing Disclosure Certificate or this Bond Purchase Agreement without the prior written consent of the Underwriter prior to the date of the Closing. (c) Consents. Other than the adoption of the Resolution, no consent, approval, authorization, order, filing, registration, qualification, election or referendum of or by any court or governmental agency or public body whatsoever is required in connection with the issuance, delivery or sale of the Series B Bonds or the consummation of the other transactions effected or contemplated herein or hereby, except for such actions as may be necessary to qualify the Series B Bonds for offer and sale under the Blue Sky or other securities laws and regulations of such states and jurisdictions of the United States as the Underwriter may reasonably request, or which have not been taken or obtained; provided, however, that the District shall not be required to subject itself to service of process in any jurisdiction in which it is not so subject as of the date hereof. (d) Internal Revenue Code. The District has covenanted to comply with the Internal Revenue Code of 1986, as amended, and regulations promulgated thereunder, with respect to the Series B Bonds. (e) No Conflicts. The issuance of the Series B Bonds, and the execution, delivery and performance of this Bond Purchase Agreement, the Resolution, the Continuing Disclosure Certificate and the Series B Bonds, and the compliance with the provisions hereof do not conflict with or constitute on the part of the District a violation of or default under, the Constitution of the State of California or any existing law, Exhibit B Page 5 charter, ordinance, regulation, decree, order or resolution and do not conflict with or result in a violation or breach of, or constitute a default under, any agreement, indenture, mortgage, lease or other instrument to which the District is a party or by which it is bound or to which it is subject. (f) Litigation. As of the time of acceptance hereof, based on the advice of counsel to the District, no action, suit, proceeding, hearing or investigation is pending or, to the best knowledge of the District, threatened against the District: (i) in any way affecting the existence of the District or in any way challenging the respective powers of the several offices or of the titles of the officials of the District to such offices; or (ii) seeking to restrain or enjoin the sale, issuance or delivery of any of the Series B Bonds, the application of the proceeds of the sale of the Series B Bonds, or the collection of taxes of the District pledged or to be pledged or available to pay the principal of and interest on the Series B Bonds, or the pledge thereof, or, the levy of any taxes contemplated by the Resolution, or in any way contesting or affecting the validity or enforceability of the Series B Bonds, this Bond Purchase Agreement, the Continuing Disclosure Certificate or the Resolution or contesting the powers of the District or its authority with respect to the Series B Bonds, the Resolution, the Continuing Disclosure Certificate or this Bond Purchase Agreement; or (iii) in which a final adverse decision could (a) materially adversely affect the operations of the District or the consummation of the transactions contemplated by this Bond Purchase Agreement, the Continuing Disclosure Certificate or the Resolution, (b) declare this Bond Purchase Agreement to be invalid or unenforceable in whole or in material part, or (c) adversely affect the exclusion of the interest paid on the Series B Bonds from gross income for federal income tax purposes and the exemption of such interest from California personal income taxation. (g) No Other Debt. Between the date hereof and the Closing, without the prior written consent of the Underwriter, the District will not have issued, nor will Contra Costa County (the “County”), on behalf of the District issue, any bonds, notes or certificates of participation except for such borrowings as may be described in or contemplated by the Official Statement. (h) Arbitrage Certificate. The District has not been notified of any listing or proposed listing by the Internal Revenue Service to the effect that the District is a bond issuer whose arbitrage certificates may not be relied upon. (i) Certificates. Any certificates signed by any officer of the District and delivered to the Underwriter shall be deemed a representation by the District to the Underwriter, but not by the person signing the same, as to the statements made therein. (j) Official Statement. The District has reviewed the Preliminary Official Statement and, as of its date and as of the date hereof, the information set forth therein contains no untrue statement of a material fact or omits to state a material fact required to be stated therein or necessary to make the statements made therein, in the light of the circumstances under which they were made, not misleading in any material respect. The District will provide to the Underwriter a certificate dated as of the date of the Official Statement and as of the Closing stating that it has reviewed the Official Statement and, as of the Closing, the information set forth therein contains no untrue statement of a material fact or omits to state a material fact required to be stated therein or necessary to make the statements made therein, in the light of the circumstances under which they were made, not misleading in any material respect. (k) Financial Statements. The financial statements of the District contained in the Preliminary Official Statement and the Official Statement present fairly the financial position of the District as of the dates indicated and the results of its operations for the periods specified. (l) Continuing Disclosure. Based on a review of its prior undertakings under the Rule, and except as otherwise disclosed in the Preliminary Official Statement and the Official Statement, the District has never failed to comply in all material respects with any previous undertakings with regard to said Rule to provide annual reports or notices of material events with respect to the last five years. (m) Levy of Tax. The District hereby agrees to take any and all actions as may be required by the County or otherwise necessary in order to arrange for the levy and collection of taxes for the payment of the Series B Bonds, and the deposit and investment of Series B Bond proceeds. In particular, the District hereby agrees to provide to the appropriate officials of the County a copy of the Resolution, a copy of Exhibit B Page 6 Appendix A hereto, and the full debt service schedule for the Series B Bonds, in accordance with section 15140(c) of the California Education Code and policies and procedures of the County. 9. Covenants of the District. The District covenants and agrees with the Underwriter that: (a) Securities Laws. The District will furnish such information, execute such instruments, and take such other action in cooperation with the Underwriter if and as the Underwriter may reasonably request in order to qualify the Series B Bonds for offer and sale under the Blue Sky or other securities laws and regulations of such states and jurisdictions, provided, however, that the District shall not be required to consent to service of process in any jurisdiction in which it is not so subject as of the date hereof; (b) Application of Proceeds. The District will apply the proceeds from the sale of the Series B Bonds for the purposes specified in the Resolution; (c) Official Statement. The District hereby agrees to deliver or cause to be delivered to the Underwriter, not later than the seventh (7th) business day following the date this Bond Purchase Agreement is signed, copies of a final Official Statement substantially in the form of the Preliminary Official Statement, with only such changes therein as shall have been accepted by the Underwriter and the District (such Official Statement with such changes, if any, and including the cover page and all appendices, exhibits, maps, reports and statements included therein or attached thereto being herein called the “Official Statement”) in such quantities as may be requested by the Underwriter in order to permit the Underwriter to comply with paragraph (b)(4) of the Rule and with the rules of the Municipal Securities Rulemaking Board. The District hereby authorizes the Underwriter to use and distribute the Official Statement in connection with the offering and sale of the Series B Bonds; (d) Subsequent Events. The District hereby agrees to notify the Underwriter of any event or occurrence that may affect the accuracy or completeness of any information set forth in the Official Statement until the date which is ninety (90) days following the Closing or until such time (if earlier) as the Underwriter shall no longer hold any of the Series B Bonds for sale; (e) References. References herein to the Preliminary Official Statement and the final Official Statement include the cover page and all appendices, exhibits, maps, reports and statements included therein or attached thereto; and (f) Amendments to Official Statement. For a period of ninety (90) days after the Closing or until such time (if earlier) as the Underwriter shall no longer hold any of the Series B Bonds for sale, the District will not adopt any amendment of or supplement to the Official Statement to which, after having been furnished with a copy, the Underwriter shall object in writing or which shall be disapproved by the Underwriter; and if any event relating to or affecting the District shall occur as a result of which it is necessary, in the opinion of the Underwriter, to amend or supplement the Official Statement in order to make the Official Statement not misleading in light of the circumstances existing at the time it is delivered to a purchaser, the District shall forthwith prepare and furnish (at the expense of the District) a reasonable number of copies of an amendment of or supplement to the Official Statement (in form and substance satisfactory to the Underwriter) which will amend or supplement the Official Statement so that it will not contain an untrue statement of a material fact or omit to state a material fact necessary in order to make the statements therein, in the light of the circumstances existing at the time the Official Statement is delivered to a purchaser, not misleading. 10. Conditions to Closing. The Underwriter has entered into this Bond Purchase Agreement in reliance upon the representations and warranties of the District contained herein and the performance by the District of its obligations hereunder, both as of the date hereof and as of the date of Closing. The Underwriter’s obligations under this Bond Purchase Agreement are and shall be subject at the option of the Underwriter, to the following further conditions at the Closing: (a) Representations True. The representations and warranties of the District contained herein shall be true, complete and correct in all material respects at the date hereof and at and as of the Closing as if made at and as of the Closing, and the statements made in all certificates and other documents delivered to the Underwriter at the Closing pursuant hereto shall be true, complete and correct in all material Exhibit B Page 7 respects on the date of the Closing; and the District shall be in compliance with each of the agreements made by it in this Bond Purchase Agreement; (b) Obligations Performed. At the time of the Closing, (i) the Official Statement, this Bond Purchase Agreement, the Resolution and the Continuing Disclosure Certificate shall be in full force and effect and shall not have been amended, modified or supplemented except as may have been agreed to in writing by the Underwriter; (ii) all actions under the Act which, in the opinion of Quint & Thimmig LLP (“Bond Counsel”), shall be necessary in connection with the transactions contemplated hereby shall have been duly taken and shall be in full force and effect; and (iii) the District shall perform or have performed all of their obligations required under or specified in the Resolution, this Bond Purchase Agreement, the Continuing Disclosure Certificate or the Official Statement to be performed at or prior to the Closing; (c) Adverse Rulings. No decision, ruling or finding shall have been entered by any court or governmental authority since the date of this Bond Purchase Agreement (and not reversed on appeal or otherwise set aside), or to the best knowledge of the District, pending or threatened which has any of the effects described in Section 7(f) hereof or contesting in any way the completeness or accuracy of the Official Statement; (d) Marketability. Between the date hereof and the Closing, the market price or marketability or the ability of the Underwriter to enforce contracts for the sale of the Series B Bonds, at the initial offering prices set forth in the Official Statement, of the Series B Bonds shall not have been materially adversely affected in the judgment of the Underwriter (evidenced by a written notice to the District terminating the obligation of the Underwriter to accept delivery of and pay for the Series B Bonds) by reason of any of the following: (1) legislation enacted or introduced in the Congress or recommended for passage by the President of the United States, or a decision rendered by a court established under Article III of the Constitution of the United States or by the United States Tax Court, with the purpose or effect, directly or indirectly, of causing inclusion in gross income for purposes of federal income taxation of the interest received by the owners of the Series B Bonds, or an order, ruling, regulation (final, temporary or proposed) or official statement issued or made: (i) by or on behalf of the United States Treasury Department, or by or on behalf of the Internal Revenue Service, with the purpose or effect, directly or indirectly, of causing inclusion in gross income for purposes of federal income taxation of the interest received by the owners of the Series B Bonds; or (ii) by or on behalf of the Securities and Exchange Commission, or any other governmental agency having jurisdiction over the subject matter thereof, to the effect that the Series B Bonds, or obligations of the general character of the Series B Bonds, including any and all underlying arrangements, are not exempt from registration under the Securities Act of 1933, as amended (the “Securities Act”); (2) legislation enacted by the legislature of the State of California (the “State”), or a decision rendered by a court of the State, or a ruling, order, or regulation (final or temporary) made by State authority, which would have the effect of changing, directly or indirectly, the State tax consequences of interest on obligations of the general character of the Series B Bonds in the hands of the holders thereof; or (3) the declaration of war or engagement in major military hostilities by the United States, any outbreak or escalation of hostilities or the occurrence of any other national emergency or calamity relating to the effective operation of the government or the financial community in the United States; (4) the declaration of a general banking moratorium by federal, New York or California authorities, or the general suspension of trading on any national securities exchange; Exhibit B Page 8 (5) the imposition by the New York Stock Exchange, other national securities exchange, or any governmental authority, of any material restrictions not now in force with respect to the Series B Bonds, or obligations of the general character of the Series B Bonds, or securities generally, or the material increase of any such restrictions now in force, including those relating to the extension of credit by, or the charge to the net capital requirements of, the Underwriter; (6) an order, decree or injunction of any court of competent jurisdiction, or order, filing, regulation or official statement by the Securities and Exchange Commission, or any other governmental agency having jurisdiction over the subject matter thereof, issued or made to the effect that the issuance, offering or sale of obligations of the general character of the Series B Bonds, or the issuance, offering or sale of the Series B Bonds, as contemplated hereby or by the Official Statement, is or would be in violation of the federal securities laws, as amended and then in effect; (7) there shall have occurred or any notice shall have been given of the intended withdrawal, downgrading or placement on credit watch of any rating of the District’s outstanding indebtedness by a national rating agency; or (8) any event occurring, or information becoming known which, in the reasonable judgment of the Underwriter, makes untrue in any material adverse respect any statement or information contained in the Official Statement, or has the effect that the Official Statement contains any untrue statement of a material fact or omits to state a material fact required to be stated therein or necessary to make the statements made therein, in light of the circumstances under which they were made, not misleading, or (9) other disruptive events, occurrences or conditions in the securities or debt markets. (e) Delivery of Documents. At or prior to the date of the Closing, Bond Counsel shall deliver sufficient copies of the following documents, in each case dated as of the date of the Closing and satisfactory in form and substance to the Underwriter: (1) Bond Opinion. An approving opinion of Bond Counsel, as to the validity and tax- exempt status of the Series B Bonds, dated the date of the Closing, addressed to the District, in the form attached to the Official Statement as Appendix C; (2) Reliance Letter. A reliance letter from Bond Counsel to the effect that the Underwriter can rely upon the approving opinion described in (e)(1) above; (3) Supplemental Opinion. A supplemental opinion of Bond Counsel, dated the date of the Closing, addressed to the Underwriter to the effect that: (i) this Bond Purchase Agreement has been duly executed and delivered by the District and, assuming due authorization, execution and delivery by and validity against the Underwriter, is a valid and binding agreement of the District, subject to bankruptcy, insolvency, reorganization, arrangement, moratorium, fraudulent conveyance and other laws relating to or affecting creditors’ rights, to the application of equitable principles and to the exercise of judicial discretion in appropriate cases; (ii) the statements contained in the Official Statement under the captions “THE BONDS,” “SECURITY AND SOURCE OF PAYMENT FOR THE BONDS” and “LEGAL MATTERS—Tax Matters,” insofar as such statements purport to summarize certain provisions of the Series B Bonds and the Resolution and its opinion concerning certain federal tax matters relating to the Series B Bonds are accurate in all material respects; and (iii) the Series B Bonds are not subject to the registration requirements of the Securities Act and the Resolution is exempt from qualification under the Trust Indenture Act of 1939, as amended; Exhibit B Page 9 (4) Disclosure Counsel Opinion. An opinion letter, dated the date of the Closing and addressed to the District and the Underwriter of Quint & Thimmig LLP, Larkspur, California, Disclosure Counsel (“Disclosure Counsel”), to the effect that based upon their participation in the preparation of the Official Statement as Disclosure Counsel, except to the extent set forth in their supplemental opinion, without assuming any responsibility for the accuracy, completeness or fairness of any of the statements contained in the Official Statement nor making any representation regarding independent verification of the accuracy, completeness or fairness of any of the statements contained in the Official Statement, such counsel advises that during the course of such representation of the District as disclosure counsel on this matter, no information came to the attention of the attorneys in such firm rendering legal services in connection with such representation which caused them to believe that the Official Statement as of its date and as of the Closing Date (except for any financial, statistical or economic data or forecasts, numbers, charts, tables, graphs, estimates, projections, assumptions or expressions of opinion (except opinions of Bond Counsel), Appendix A to the Official Statement, or any information about book- entry or DTC included therein, as to which no opinion or view is expressed) contained any untrue statement of a material fact or omitted to state any material fact required to be stated therein or necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading; (5) Certificates. Certificates signed by appropriate officials of the District to the effect that (i) such officials are authorized to execute this Bond Purchase Agreement, (ii) the representations, agreements and warranties of the District herein are true and correct in all material respects as of the date of Closing, (iii) the District has complied with all the terms of the Resolution and this Bond Purchase Agreement, which are necessary to be complied with prior to or concurrently with the Closing and such documents are in full force and effect, (iv) the District has reviewed the Official Statement and on such basis certifies that the Official Statement does not contain any untrue statement of a material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances in which they were made, not misleading, (v) no further consent is required for inclusion of the District’s audited financial statements in the Official Statement, and (vi) the Series B Bonds being delivered on the date of the Closing to the Underwriter under this Bond Purchase Agreement substantially conform to the descriptions thereof contained in the Resolution; (6) Arbitrage. A non-arbitrage certificate of the District in a form satisfactory to Bond Counsel; (7) Ratings. Evidence satisfactory to the Underwriter that the Bonds shall have received the ratings of “___” and “__” from Fitch Ratings and Moody’s Investors Service, respectively, and that such ratings have not been revoked or downgraded; (8) Resolution. A certificate, together with fully executed copies of the Resolution, of the Clerk of the Board of Trustees of the District to the effect that: (i) such copies are true and correct copies of the Resolution; and (ii) that the Resolution was duly adopted and has not been modified, amended, rescinded or revoked and is in full force and effect on the date of the Closing; (9) Official Statement. Certificates of the appropriate officials of the District evidencing their determinations respecting the Official Statement in accordance with the Rule and not more than 25 copies of the Official Statement; (10) Continuing Disclosure Certificate. The Continuing Disclosure Certificate as summarized in the Official Statement and in the form attached thereto as Appendix B, satisfactory to the Underwriter which complies with the Rule; Exhibit B Page 10 (11) Underwriter’s Certifications. At or before Closing, and contemporaneously with the acceptance of delivery of the Series B Bonds and the payment of the purchase price thereof, the Underwriter will provide (or cause to be provided) to the District: (i) the receipt of the Underwriter, in form satisfactory to the District and signed by an authorized officer of the Underwriter, confirming delivery of the Series B Bonds to the Underwriter, receipt of all documents required by the Underwriter, and the satisfaction of all conditions and terms of this Purchase Agreement by the District and confirming to the District that as of the date of the Closing all of the representations of the Underwriter contained in this Purchase Agreement are true, complete and correct in all material respects; and (ii) the certification of the Underwriter, in form satisfactory to Bond Counsel, regarding the prices at which the Series B Bonds have been reoffered to the public, as described in Section 1; and (12) Underwriter’s Counsel Opinion. The opinion of Kronick Moskovitz Tiedemann & Girard, as Underwriter’s counsel, addressed to the Underwriter, in form and substance acceptable to the Underwriter; and (13) Tax Rate Projection and Debt Capacity Certificates; and (14) Other Documents. Such additional legal opinions, certificates, proceedings, instruments and other documents as the Underwriter may reasonably request to evidence compliance (i) by the District with legal requirements, (ii) the truth and accuracy, as of the time of Closing, of the representations of the District herein contained, and (iii) the due performance or satisfaction by the District at or prior to such time of all agreements then to be performed and all conditions then to be satisfied by the District. (f) Termination. Notwithstanding anything to the contrary herein contained, if for any reason whatsoever the Series B Bonds shall not have been delivered by the District to the Underwriter prior to the close of business, California Time, on August 2, 2017, then the obligation to purchase the Series B Bonds hereunder shall terminate and be of no further force or effect except with respect to the obligations of the District and the Underwriter under Section 11 hereof. If the District shall be unable to satisfy the conditions to the Underwriter’s obligations contained in this Bond Purchase Agreement or if the Underwriter’s obligations shall be terminated for any reason permitted by this Bond Purchase Agreement, this Bond Purchase Agreement may be canceled by the Underwriter at, or at any time prior to, the time of Closing. Notice of such cancellation shall be given to the District in writing, or by telephone or telegraph, confirmed in writing. Notwithstanding any provision herein to the contrary, the performance of any and all obligations of the District hereunder and the performance of any and all conditions contained herein for the benefit of the Underwriter may be waived by the Underwriter in writing at its sole discretion. 11. Conditions to Obligations of the District. The performance by the District of its obligations is conditioned upon (i) the performance by the Underwriter of its obligations hereunder; and (ii) receipt by the District and the Underwriter of opinions and certificates being delivered at the Closing by persons and entities other than the District. 12. Costs and Expenses. Whether or not the transactions contemplated by this Bond Purchase Agreement are consummated, the Underwriter shall be under no obligation to pay, and the District shall pay from the proceeds of the Bonds or otherwise, all expenses and costs of the District incident to the performance of their obligations in connection with the authorization, execution, sale and delivery of the Bonds to the Underwriter, including, without limitation, printing costs, rating agency fees and charges, initial fees of the Paying Agent, including fees and disbursements of its counsel, if any, fees and disbursements of Bond Counsel, Disclosure Counsel and other professional advisors employed by the District, and costs of preparation, printing, signing, transportation, delivery and safekeeping of the Bonds. The Underwriter shall pay all out-of-pocket expenses of the Underwriter, including, without Exhibit B Page 11 limitation, advertising expenses, the California Debt and Investment Advisory Commission fee, CUSIP Service Bureau charges, regulatory fees imposed on new securities issuers, fees and disbursements of counsel to the Underwriter and any and all other expenses incurred by the Underwriter in connection with the public offering and distribution of the Bonds, shall be paid by the Underwriter 13. Notices. Any notice or other communication to be given under this Bond Purchase Agreement (other than the acceptance hereof as specified in the first paragraph hereof) may be given by delivering the same in writing if to the District, to the Superintendent, or if to the Underwriter, to Raymond James & Associates, Inc., 209 Avenida Del Mar, Suite 207, San Clemente, CA 92672, Attention: Mr. Randy Merritt, Managing Director. 14. Parties in Interest; Survival of Representations and Warranties. This Bond Purchase Agreement when accepted by the District in writing as heretofore specified shall constitute the entire agreement between the District and the Underwriter. This Bond Purchase Agreement is made solely for the benefit of the District and the Underwriter (including the successors or assigns of the Underwriter). No person shall acquire or have any rights hereunder or by virtue hereof. All representations, warranties and agreements of the District in this Bond Purchase Agreement shall survive regardless of (a) any investigation or any statement in respect thereof made by or on behalf of the Underwriter, (b) delivery of and payment by the Underwriter for the Series B Bonds hereunder, and (c) any termination of this Bond Purchase Agreement. 15. Execution in Counterparts. This Bond Purchase Agreement may be executed in several counterparts each of which shall be regarded as an original and all of which shall constitute but one and the same document. 16. Applicable Law. This Bond Purchase Agreement shall be interpreted, governed and enforced in accordance with the law of the State applicable to contracts made and performed in such State. Very truly yours, RAYMOND JAMES & ASSOCIATES, INC., as Underwriter By Randy Merritt Managing Director The foregoing is hereby agreed to and accepted as of the date first above written: PITTSBURG UNIFIED SCHOOL DISTRICT By Enrique E. Palacios Deputy Superintendent Exhibit B Page 12 APPENDIX A MATURITY SCHEDULE AND REDEMPTION PROVISIONS $___________ PITTSBURG UNIFIED SCHOOL DISTRICT (Contra Costa County, California) General Obligation Bonds, Election of 2014, Series B (2017) Maturity Principal Interest (August 1) Amount Rate Yield Price Redemption Provisions Optional Redemption. Series B Bonds maturing prior to August 1, ____, are non-callable. The Series B Bonds maturing on and after August 1, ____, or on any date thereafter, are callable for redemption prior to their stated maturity date at the option of the District, as a whole, or in part on any date on or after August 1, ____ (in such maturities as are designated by the District, or, if the District fails to designate such maturities, on a proportional basis), and may be redeemed prior to the maturity thereof by payment of all principal, plus accrued interest to date of redemption, without premium. Exhibit B Page 13 Mandatory Sinking Fund Redemption. The Series B Bonds maturing on August 1, ____ (the “Term Bonds”) are also subject to mandatory sinking fund redemption on August 1 in the years, and in the amounts, as set forth in the following table, at a redemption price equal to one hundred percent (100%) of the principal amount thereof to be redeemed (without premium), together with interest accrued thereon to the date fixed for redemption; provided, however, that if some but not all of the Term Bonds have been redeemed pursuant to the preceding paragraph, the aggregate principal amount of Term Bonds to be redeemed under this paragraph shall be reduced on a pro rata basis in integral multiples of $5,000, as shall be designated pursuant to written notice filed by the District with the Paying Agent: Sinking Fund Principal Redemption Date Amount to be (August 1) August †Maturity Exhibit B Page 14 APPENDIX B FORM OF ISSUE PRICE CERTIFICATE Exhibit C Page 1 EXHIBIT C FORM OF PAYING AGENT AGREEMENT $___________ PITTSBURG UNIFIED SCHOOL DISTRICT (Contra Costa County, California) General Obligation Bonds, Election of 2014, Series B (2017) PAYING AGENT/BOND REGISTRAR/COSTS OF ISSUANCE AGREEMENT THIS PAYING AGENT/BOND REGISTRAR/COSTS OF ISSUANCE AGREEMENT (this “Agreement”), is entered into as of June 1, 2017, by and between the PITTSBURG UNIFIED SCHOOL DISTRICT (the “District”) and THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A. (the “Paying Agent”), relating to the $___________ Pittsburg Unified School District (Contra Costa County, California) General Obligation Bonds, Election of 2014, Series B (2017) (the “Bonds”). The District hereby appoints the Paying Agent to act in such capacity as Paying Agent, Transfer Agent and Bond Registrar for the Bonds and Custodian and Disbursing Agent for the payment of costs of issuance relating to the Bonds (all such capacities referred to herein as “Paying Agent”). RECITALS WHEREAS, the District has duly authorized and provided for the issuance of the Bonds as fully registered bonds without coupons; WHEREAS, the District will ensure all things necessary to make the Bonds the valid obligations of the District, in accordance with their terms, will be done upon the issuance and delivery thereof; WHEREAS, the District and the Paying Agent wish to provide the terms under which the Paying Agent will act to pay the principal of and interest on the Bonds, in accordance with the terms thereof, and under which the Paying Agent will act as Bond Registrar for the Bonds; WHEREAS, the District and the Paying Agent also wish to provide the terms under which the Paying Agent will act as Custodian and Disbursing Agent for the payment of costs of issuance relating to the Bonds; WHEREAS, the Paying Agent has agreed to serve in such capacities for and on behalf of the District and has full power and authority to perform and serve as Paying Agent, Transfer Agent and Bond Registrar for the Bonds and as Custodian and Disbursing Agent for the payment of costs of issuance relating to the Bonds; and WHEREAS, the District has duly authorized the execution and delivery of this Agreement; and all things necessary to make this Agreement a valid agreement have been done. NOW, THEREFORE, it is mutually agreed as follows: Exhibit C Page 2 ARTICLE ONE DEFINITIONS Section 1.01. Definitions. For all purposes of this Agreement except as otherwise expressly provided or unless the context otherwise requires: “Bond Register” means the book or books of registration kept by the Paying Agent in which are maintained the names and addresses and principal amounts registered to each Registered Owner. “Bond Registrar” means the Paying Agent when it is performing the function of registrar for the Bonds. “Bond Resolution” means the resolution of the District pursuant to which the Bonds were issued. “Bond” or “Bonds” means any one or all of the $___________ Pittsburg Unified School District (Contra Costa County, California) General Obligation Bonds, Election of 2014, Series B (2017). “Custodian and Disbursing Agent” means the Paying Agent when it is performing the function of custodian and disbursing agent for the payment of costs of issuance relating to the Bonds. ”Treasurer” means the Contra Costa County Treasurer-Tax Collector. “District” means Pittsburg Unified School District. “District Request” means a written request signed in the name of the District and delivered to the Paying Agent. “Fiscal Year” means the fiscal year of the District ending on June 30 of each year. “Paying Agent” means The Bank of New York Mellon Trust Company, N.A., a national banking association organized and existing under the laws of the United States of America. “Person” means any individual, corporation, partnership, joint venture, association, joint stock company, trust, unincorporated organization or government or any agency or political subdivision of a government or any entity whatsoever. “Registered Owner” means a Person in whose name a Bond is registered in the Bond Register. “Stated Maturity” when used with respect to any Bond means the date specified in the Bond Resolution as the date on which the principal of such Bond is due and payable. “Transfer Agent” means the Paying Agent when it is performing the function of transfer agent for the Bonds. “Underwriter” means Raymond James & Associates, Inc. Exhibit C Page 3 ARTICLE TWO APPOINTMENT OF BANK AS PAYING AGENT, TRANSFER AGENT, BOND REGISTRAR AND CUSTODIAN AND DISBURSING AGENT Section 2.01. Appointment and Acceptance. The District hereby appoints the Paying Agent to act as Paying Agent and Transfer Agent with respect to the Bonds, to pay to the Registered Owners in accordance with the terms and provisions of this Agreement and the Bond Resolution, the principal of, redemption premium (if any) and interest on all or any of the Bonds. The District hereby appoints the Paying Agent as Bond Registrar with respect to the Bonds. As Bond Registrar, the Paying Agent shall keep and maintain for and on behalf of the District, books and records as to the ownership of the Bonds and with respect to the transfer and exchange thereof as provided herein and in the Bond Resolution. The District hereby appoints the Paying Agent as Custodian and Disbursing Agent. The Paying Agent hereby accepts its appointment, and agrees to act as Paying Agent, Transfer Agent, Bond Registrar and Custodian and Disbursing Agent. Section 2.02. Compensation. As compensation for the Paying Agent’s services as Paying Agent and Bond Registrar, the District hereby agrees to pay the Paying Agent the fees and amounts set forth in a separate agreement between the District and the Paying Agent. In addition, the District agrees to reimburse the Paying Agent, upon its request, for all reasonable and necessary out-of-pocket expenses, disbursements, and advances, including without limitation the reasonable fees, expenses, and disbursements of its agents and attorneys, made or incurred by the Paying Agent in connection with entering into and performing under this Agreement and in connection with investigating and defending itself against any claim or liability in connection with its performance hereunder. ARTICLE THREE PAYING AGENT Section 3.01. Duties of Paying Agent. As Paying Agent, the Paying Agent, provided sufficient collected funds have been provided to it for such purpose by or on behalf of the District, shall pay on behalf of the District the principal of, and interest on each Bond in accordance with the debt service schedule attached hereto as Exhibit A. Section 3.02. Payment Dates. The District hereby instructs the Paying Agent to pay the principal of and interest on the Bonds on the dates specified in the Bond Resolution. ARTICLE FOUR BOND REGISTRAR Section 4.01. Initial Delivery of Bonds. The Bonds will be initially registered and delivered to the purchaser designated by the District as one Bond for each maturity. If such purchaser delivers a written request to the Paying Agent not later than five business days prior to the date of initial delivery, the Paying Agent will, on the date of initial delivery, deliver Bonds of authorized denominations, registered in accordance with the instructions in such written request. Section 4.02. Duties of Bond Registrar. The Paying Agent in its capacity as Bond Registrar shall provide for the proper registration of transfer, exchange and replacement of the Bonds. Every Bond surrendered for transfer or exchange shall be duly endorsed or be accompanied by a written instrument Exhibit C Page 4 of transfer, the signature on which has been guaranteed by an eligible guarantor institution, in form acceptable to the Paying Agent, duly executed by the Registered Owner thereof or his attorney duly authorized in writing. The Bond Registrar may request any supporting documentation it deems necessary or appropriate to effect a re-registration. Section 4.03. Unauthenticated Bonds. The District shall provide to the Paying Agent on a continuing basis, an adequate inventory of unauthenticated Bonds to facilitate transfers. The Paying Agent agrees that it will maintain such unauthenticated Bonds in safekeeping. Section 4.04. Form of Bond Register. The Paying Agent as Bond Registrar will maintain its records as Bond Registrar in accordance with the Paying Agent’s general practices and procedures in effect from time to time. Section 4.05. Reports. The District may request the information in the Bond Register at any time the Paying Agent is customarily open for business, provided that reasonable time is allowed the Paying Agent to provide an up-to-date listing and to convert the information into written form. The Paying Agent will not release or disclose the content of the Bond Register to any person other than to the District at its written request, except upon receipt of a subpoena or court order or as may otherwise be required by law. Upon receipt of a subpoena or court order the Paying Agent will notify the District to the extent it is allowed by law to do so. Section 4.06. Cancelled Bonds. All Bonds surrendered for payment, transfer, exchange, or replacement, if surrendered to the Paying Agent, shall be promptly cancelled by it and, if surrendered to the District, shall be delivered to the Paying Agent, shall be promptly cancelled by the Paying Agent. The District may at any time deliver to the Paying Agent for cancellation any Bonds previously authenticated and delivered which the District may have acquired in any manner whatsoever, and all Bonds so delivered shall be promptly cancelled by the Paying Agent. All cancelled Bonds held by the Paying Agent for its retention period then in effect and shall thereafter be destroyed and evidence of such destruction furnished to the District. ARTICLE FIVE CUSTODIAN AND DISBURSING AGENT Section 5.01. Receipt of Moneys. The Paying Agent, as custodian, has received, from the Underwriter, the sum of $_______. Such amount has been deposited in a special fund to be held and maintained by the Custodian and Disbursing Agent in the name of the District (the “Costs of Issuance Fund”). Section 5.02. No Investment. The Custodian and Disbursing Agent shall hold monies in cash uninvested. Section 5.03. Payment of Costs of Issuance. The Custodian and Disbursing Agent will pay costs of issuance of the Bonds as directed by the District from time to time via a written requisition of the District stating the person to whom payment is to be made, the amount to be paid, that such payment is proper charge against said fund and that payment for such charge has not previously been made and that such payments shall be made by check or wire transfer in accordance with the payment instructions set forth in such requisition and the Custodian and Disbursing Agent shall rely on such payment instructions with no duty to investigate or inquire as to the authenticity of the payment instructions or the authority under which they were given. Section 5.04. Transfer of Remaining Amounts. Any balances remaining in the Costs of Issuance Account (including any earnings) on November 2, 2017 or upon the earlier written order of the District, will be transferred to the Treasurer for deposit in the Interest and Sinking Fund maintained for the District and the Costs of Issuance Account shall be closed. Exhibit C Page 5 Section 5.05. Limited Liability. The liability of the Custodian and Disbursing Agent as custodian and disbursing agent is limited to the duties listed above. The Custodian and Disbursing Agent in such capacity will not be liable for any action taken or neglected to be taken by it in good faith in any exercise of reasonable care and believed by it to be within the discretion of power conferred upon it by this Agreement. ARTICLE SIX THE PAYING AGENT Section 6.01. Duties of the Paying Agent. The Paying Agent undertakes to perform the duties set forth herein. No implied duties or obligations shall be read into this Agreement against the Paying Agent. The Paying Agent hereby agrees to use the funds deposited with it for payment of the principal of and interest on the Bonds to pay the same as it shall become due and further agrees to establish and maintain such accounts and funds as may be required for the Paying Agent to function as Paying Agent and in its capacity as custodian and disbursing agent to use the funds deposited with it for payment of costs of issuance as set forth in Article V hereof. Section 6.02. Reliance on Documents, Etc. (a) The Paying Agent may conclusively rely, as to the truth of the statements and correctness of the opinions expressed therein, on certificates or opinions expressed therein, on certificates or opinions furnished to the Paying Agent by the District. (b) The Paying Agent shall not be liable for any error of judgment made in good faith. The Paying Agent shall not be liable for other than its negligence or willful misconduct in connection with any act or omission hereunder. (c) No provision of this Agreement shall require the Paying Agent to expend or risk its own funds or otherwise incur any financial liability for performance of any of its duties hereunder, or in the exercise of any of its rights or powers. (d) The Paying Agent may rely, or be protected in acting or refraining from acting, upon any resolution, certificate, statement, instrument, opinion, report, notice, request, direction, consent, order, bond, note, security or other paper or document believed by it to be genuine and to have been signed or presented by the proper party or parties. The Paying Agent need not examine the ownership of any Bond, but shall be protected in acting upon receipt of Bonds containing an endorsement or instruction of transfer or power of transfer which appears on its face to be signed by the Registered Owner or agent of the Registered Owner. (e) The Paying Agent may consult with counsel, and the written advice or opinion of counsel shall be full authorization and protection with respect to any action taken, suffered or omitted by it hereunder in good faith and reliance thereon. (f) The Paying Agent may exercise any of the powers hereunder and perform any duties hereunder either directly or by or through agents or attorneys and shall not be liable for the actions of such agent or attorney if appointed by it with reasonable care. (g) The Paying Agent shall not be responsible or liable for any failure or delay in the performance of its obligation under this Agreement arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, including, without limitation, acts of God; earthquakes; fire; flood; wars; terrorism; military disturbances; sabotage; epidemic; riots; interruptions; loss or malfunctions of utilities; computer (hardware or software) or communications services; accidents; labor disputes; acts of civil or military authority or governmental action; it being understood that Paying Agent shall use commercially reasonable efforts which are consistent with accepted practices in the banking industry to resume performance as soon as reasonably practicable under the circumstances. Exhibit C Page 6 (h) The Paying Agent agrees to accept and act upon instructions or directions pursuant to this Agreement sent by unsecured e-mail, facsimile transmission or other similar unsecured electronic methods, provided, however, that the District shall provide to the Paying Agent an incumbency certificate listing designated persons authorized to provide such instructions, which incumbency certificate shall be amended whenever a person is to be added or deleted from the listing. If the District elects to give the Paying Agent e-mail or facsimile instructions (or instructions by a similar electronic method) and the Paying Agent in its discretion elects to act upon such instructions, the Paying Agent’s understanding of such instructions shall be deemed controlling. The Paying Agent shall not be liable for any losses, costs or expenses arising directly or indirectly from the Paying Agent’s reliance upon and compliance with such instructions notwithstanding such instructions conflict or are inconsistent with a subsequent written instruction. The District agrees to assume all risks arising out of the use of such electronic methods to submit instructions and directions to the Paying Agent, including without limitation the risk of the Paying Agent acting on unauthorized instructions, and the risk or interception and misuse by third parties. Section 6.03. Recitals of District. The recitals contained in the Bond Resolution and the Bonds shall be taken as the statements of the District, and the Paying Agent assumes no responsibility for their correctness. Section 6.04. May Own Bonds. The Paying Agent, in its individual or any other capacity, may become the owner or pledgee of Bonds with the same rights it would have if it were not the Paying Agent and Bond Registrar for the Bonds. Section 6.05. Money Held by the Paying Agent. Money held by the Paying Agent hereunder need not be segregated from other funds. The Paying Agent shall have no duties with respect to investment of funds deposited with it, except as expressly set forth herein, and shall be under no obligation to pay interest on any money received by it hereunder. Any money deposited with or otherwise held by the Paying Agent for the payment of the principal of or interest on any Bond and remaining unclaimed for two years after such deposit will be paid by the Paying Agent to the District, and the District and the Paying Agent agree that the Registered Owner of such Bond shall thereafter look only to the District for payment thereof, and that all liability of the Paying Agent with respect to such moneys shall thereupon cease. The Paying Agent shall furnish the District periodic cash transaction statements which include detail for all investment transactions effected by the Paying Agent or brokers selected by the District. Upon the District’s election, such statements will be delivered via the Paying Agent’s online service and upon electing such service, paper statements will be provided only upon request. The District waives the right to receive brokerage confirmations of security transactions effected by the Paying Agent as they occur, to the extent permitted by law. The District further understands that trade confirmations for securities transactions effected by the Paying Agent will be available upon request and at no additional cost and other trade confirmations may be obtained from the applicable broker. Section 6.06. Other Transactions. The Paying Agent may engage in or be interested in any financial or other transaction with the District. Section 6.07. Interpleader. The District and the Paying Agent agree that the Paying Agent may seek adjudication of any adverse claim, demand, or controversy over its person as well as funds on deposit, in a court of competent jurisdiction. The District and the Paying Agent further agree that the Paying Agent has the right to file an action in interpleader in any court of competent jurisdiction to determine the rights of any person claiming any interest herein. Section 6.08. Indemnification. To the extent permitted by law, the District shall indemnify the Paying Agent, its officers, directors, employees and agents (“Indemnified Parties”) for, and hold them harmless against any loss, cost, claim, liability or expense arising out of or in connection with the Paying Agent’s acceptance or administration of the Paying Agent’s duties hereunder in its capacities as Paying Agent, Registrar, Transfer Agent or Custodian or under the Bond Resolution (except any loss, liability or expense as may be adjudged by a court of competent jurisdiction to be attributable to the Paying Agent’s Exhibit C Page 7 negligence or willful misconduct), including the cost and expense (including its counsel fees) of defending itself against any claim or liability in connection with the exercise or performance of any of its powers or duties under this Agreement. Such indemnity shall survive the termination or discharge of this Agreement or discharge of the Bonds. ARTICLE SEVEN MISCELLANEOUS PROVISIONS Section 7.01. Amendment. This Agreement may be amended only by an agreement in writing signed by both of the parties hereto. Section 7.02. Assignment. This Agreement may not be assigned by either party without the prior written consent of the other party. Section 7.03. Notices. Any request, demand, authorization, direction, notice, consent, waiver or other document provided or permitted hereby to be given or furnished to the District or the Paying Agent shall be mailed or delivered to the District or the Paying Agent, respectively, at the following addresses, or such other address as may have been given by one party to the other by fifteen (15) days written notice. If to the District: Pittsburg Unified School District 2000 Railroad Avenue Pittsburg, CA 94565 Phone: (925) 473-2302 Fax: (925) 439-1650 If to the Paying Agent: The Bank of New York Mellon Trust Company, N.A. Attn: Corporate Trust Department 2001 Bryan Street, 11th Floor Dallas, TX 75201 Phone: (214) 468-6406 Fax: (214) 468-6322 Section 7.04. Effect of Headings. The Article and Section headings herein are for convenience of reference only and shall not affect the construction hereof. Section 7.05. Successors and Assigns. All covenants and agreements herein by the District and the Paying Agent shall bind their successors and assigns, whether so expressed or not. Section 7.06. Severability. If any provision of this Agreement shall be determined to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions hereof shall not in any way be affected or impaired thereby. Section 7.07. Benefits of Agreement. Nothing herein, express or implied, shall give to any Person, other than the parties hereto and their successors hereunder, any benefit or any legal or equitable right, remedy or claim hereunder. Section 7.08. Entire Agreement. This Agreement and the Bond Resolution constitute the entire agreement between the parties hereto relative to the Paying Agent acting in the capacities as Paying Agent, Transfer Agent and Bond Registrar for the Bonds and as Custodian and Disbursing Agent for the payment of costs of issuance relating to the Bonds. Section 7.09. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and all of which shall constitute one and the same Agreement. Section 7.10. Term and Termination. This Agreement shall be effective from and after its date and until the Paying Agent resigns or is removed in accordance with the Bond Resolution; provided, Exhibit C Page 8 however, that no such termination shall be effective until a successor has been appointed and has accepted the duties of the Paying Agent hereunder. The District may remove the Paying Agent initially appointed, and any successor thereto, and may appoint a successor or successors thereto, but any such successor shall be a bank or trust company doing business in the State of California, having a combined capital (exclusive of borrowed capital) and surplus of at least fifty million dollars ($50,000,000), and subject to supervision or examination by federal or state authority. If such bank or trust company publishes a report of condition at least annually, pursuant to law or to the requirements of any supervising or examining authority above referred to, then for the purposes of this Section 7.10 the combined capital and surplus of such bank or trust company shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. The Paying Agent may at any time resign by giving written notice to the District and the Bondowners of such resignation. Upon receiving notice of such resignation, the District shall promptly appoint a successor Paying Agent by an instrument in writing. Any resignation or removal of the Paying Agent and appointment of a successor Paying Agent shall become effective upon acceptance of appointment by the successor Paying Agent. Section 7.11. Governing Law. This Agreement shall be construed in accordance with and shall be governed by the laws of the State of California. Section 7.12. Documents to be Filed with Paying Agent. The District shall file with the Paying Agent the following documents: (a) a certified copy of the Bond Resolution and a specimen Bond; (b) a copy of the opinion of bond counsel provided to the District in connection with the issuance of the Bonds; and (c) a District Request containing written instructions to the Paying Agent with respect to the issuance and delivery of the Bonds, including the name of the Registered Owners and the denominations of the Bonds. [Remainder of page intentionally left blank] Exhibit C Page 9 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. PITTSBURG UNIFIED SCHOOL DISTRICT By Enrique E. Palacios Deputy Superintendent THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., as Paying Agent By Brian Jensen Vice President Exhibit C Page 10 EXHIBIT A DEBT SERVICE SCHEDULE Interest Payment Date Principal Interest Total Exhibit D Page 1 EXHIBIT D FORM OF CONTINUING DISCLOSURE CERTIFICATE This Continuing Disclosure Certificate (the “Disclosure Certificate”) is executed and delivered by the PITTSBURG UNIFIED SCHOOL DISTRICT (the “District”) in connection with the issuance by the District of its $___________ Pittsburg Unified School District (Contra Costa County, California) General Obligation Bonds, Election of 2014, Series B (2017) (the “Bonds”). The Bonds are being issued pursuant to a resolution adopted by the Board of Trustees of the District on June 14, 2017 (the “Bond Resolution”). The District covenants and agrees as follows: Section 1. Definitions. In addition to the definitions set forth in the Bond Resolution, which apply to any capitalized term used in this Disclosure Certificate, unless otherwise defined in this Section 1, the following capitalized terms shall have the following meanings when used in this Disclosure Certificate: “Annual Report” shall mean any Annual Report provided by the District pursuant to, and as described in, Sections 3 and 4 of this Disclosure Certificate. “Beneficial Owner” shall mean any person who (a) has the power, directly or indirectly, to vote or consent with respect to, or to dispose of ownership of, any Bonds (including persons holding Bonds through nominees, depositories or other intermediaries), or (b) is treated as the owner of any Bonds for federal income tax purposes. “Dissemination Agent” shall mean the PFM Financial Advisors LLC, or any successor Dissemination Agent designated in writing by the District and which has filed with the District a written acceptance of such designation. In the absence of such a designation, the District shall act as the Dissemination Agent. “EMMA” or “Electronic Municipal Market Access” means the centralized on-line repository for documents to be filed with the MSRB, such as official statements and disclosure information relating to municipal bonds, notes and other securities as issued by state and local governments. “Listed Events” shall mean any of the events listed in Section 5(a) or 5(b) of this Disclosure Certificate. “MSRB” means the Municipal Securities Rulemaking Board, which has been designated by the Securities and Exchange Commission as the sole repository of disclosure information for purposes of the Rule, or any other repository of disclosure information which may be designated by the Securities and Exchange Commission as such for purposes of the Rule in the future. “Participating Underwriter” shall mean the original underwriter of the Bonds, required to comply with the Rule in connection with offering of the Bonds. “Rule” shall mean Rule 15c2-12 adopted by the Securities and Exchange Commission under the Securities Exchange Act of 1934, as the same may be amended from time to time. Section 2. Purpose of the Disclosure Certificate. This Disclosure Certificate is being executed and delivered by the District for the benefit of the owners and Beneficial Owners of the Bonds and in order to assist the Participating Underwriter in complying with Securities and Exchange Commission Rule 15c2- 12(b)(5). Section 3. Provision of Annual Reports. (a) Delivery of Annual Report. The District shall, or shall cause the Dissemination Agent to, not later than nine months after the end of the District’s fiscal year (which currently ends on June 30), commencing with the report for the 2016-17 Fiscal Year, which is due not later than March 31, 2018, file with EMMA, in a readable PDF or other electronic format as prescribed by the MSRB, an Annual Report Exhibit D Page 2 that is consistent with the requirements of Section 4 of this Disclosure Certificate. The Annual Report may be submitted as a single document or as separate documents comprising a package and may cross- reference other information as provided in Section 4 of this Disclosure Certificate; provided that the audited financial statements of the District may be submitted separately from the balance of the Annual Report and later than the date required above for the filing of the Annual Report if they are not available by that date. (b) Change of Fiscal Year. If the District’s fiscal year changes, it shall give notice of such change in the same manner as for a Listed Event under Section 5(c), and subsequent Annual Report filings shall be made no later than nine months after the end of such new fiscal year end. (c) Delivery of Annual Report to Dissemination Agent. Not later than fifteen (15) Business Days prior to the date specified in subsection (a) (or, if applicable, subsection (b)) of this Section 3 for providing the Annual Report to EMMA, the District shall provide the Annual Report to the Dissemination Agent (if other than the District). If by such date, the Dissemination Agent has not received a copy of the Annual Report, the Dissemination Agent shall notify the District. (d) Report of Non-Compliance. If the District is the Dissemination Agent and is unable to file an Annual Report by the date required in subsection (a) (or, if applicable, subsection (b)) of this Section 3, the District shall send a notice to EMMA, in a timely manner, substantially in the form attached hereto as Exhibit A. If the District is not the Dissemination Agent and is unable to provide an Annual Report to the Dissemination Agent by the date required in subsection (c) of this Section 3, the Dissemination Agent shall send a notice to EMMA, in a timely manner, in substantially the form attached hereto as Exhibit A. (e) Annual Compliance Certification. The Dissemination Agent shall, if the Dissemination Agent is other than the District, file a report with the District certifying that the Annual Report has been filed with EMMA pursuant to Section 3 of this Disclosure Certificate, stating the date it was so provided and filed. Section 4. Content of Annual Reports. The Annual Report shall contain or incorporate by reference the following: (a) Financial Statements. Audited financial statements of the District for the preceding fiscal year, prepared in accordance generally accepted accounting principles. If the District’s audited financial statements are not available by the time the Annual Report is required to be filed pursuant to Section 3(a), the Annual Report shall contain unaudited financial statements in a format similar to the financial statements contained in the final Official Statement, and the audited financial statements shall be filed in the same manner as the Annual Report when they become available. (b) Other Annual Information. To the extent not included in the audited final statements of the District, the Annual Report shall also include financial and operating data with respect to the District for preceding fiscal year, substantially similar to that provided in the corresponding tables and charts in the official statement for the Bonds, as follows: (i) the District’s most recent approved annual budget; (ii) the most recent assessed value of taxable property in the District; and (iii) if Contra Costa County no longer includes the tax levy for payment of the Bonds pursuant to the Teeter Plan, the most recent property tax levies, collections and delinquencies of the District. (c) Cross References. Any or all of the items listed above may be included by specific reference to other documents, including official statements of debt issues of the District or related public entities, which are available to the public on EMMA. The District shall clearly identify each such other document so included by reference. If the document included by reference is a final official statement, it must be available from EMMA. Exhibit D Page 3 (d) Further Information. In addition to any of the information expressly required to be provided under paragraph (b) of this Section 4, the District shall provide such further information, if any, as may be necessary to make the specifically required statements, in the light of the circumstances under which they are made, not misleading. Section 5. Reporting of Listed Events. (a) Reportable Events. The District shall, or shall cause the Dissemination (if not the District) to, give notice of the occurrence of any of the following events with respect to the Bonds: (1) Principal and interest payment delinquencies. (2) Unscheduled draws on debt service reserves reflecting financial difficulties. (3) Unscheduled draws on credit enhancements reflecting financial difficulties. (4) Substitution of credit or liquidity providers, or their failure to perform. (5) Defeasances. (6) Rating changes. (7) Tender offers. (8) Bankruptcy, insolvency, receivership or similar event of the obligated person. (9) Adverse tax opinions, the issuance by the Internal Revenue Service of proposed or final determinations of taxability, Notices of Proposed Issue (IRS Form 5701- TEB) or other material notices or determinations with respect to the tax status of the security, or other material events affecting the tax status of the security. Note: For the purposes of the event identified in subparagraph (8), the event is considered to occur when any of the following occur: the appointment of a receiver, fiscal agent or similar officer for an obligated person in a proceeding under the U.S. Bankruptcy Code or in any other proceeding under state or federal law in which a court or governmental authority has assumed jurisdiction over substantially all of the assets or business of the obligated person, or if such jurisdiction has been assumed by leaving the existing governmental body and officials or officers in possession but subject to the supervision and orders of a court or governmental authority, or the entry of an order confirming a plan of reorganization, arrangement or liquidation by a court or governmental authority having supervision or jurisdiction over substantially all of the assets or business of the obligated person. (b) Material Reportable Events. The District shall give, or cause to be given, notice of the occurrence of any of the following events with respect to the Bonds, if material: (1) Non-payment related defaults. (2) Modifications to rights of security holders. (3) Bond calls. (4) The release, substitution, or sale of property securing repayment of the securities. (5) The consummation of a merger, consolidation, or acquisition involving an obligated person or the sale of all or substantially all of the assets of the obligated person, other than in the ordinary course of business, the entry into a definitive agreement to undertake such an action or the termination of a definitive agreement relating to any such actions, other than pursuant to its terms. (6) Appointment of a successor or additional trustee, or the change of name of a trustee. (c) Time to Disclose. The District shall, or shall cause the Dissemination Agent (if not the District) to, file a notice of such occurrence with EMMA, in an electronic format as prescribed by the MSRB, in a timely manner not in excess of 10 business days after the occurrence of the Listed Event. Notwithstanding the foregoing, notice of Listed Events described in subsections (a)(5) and (b)(3) above need not be given under this subsection any earlier than the notice (if any) of the underlying event is given to owners of affected Bonds under the Bond Resolution. Exhibit D Page 4 Section 6. Identifying Information for Filings with EMMA. All documents provided to EMMA under this Disclosure Certificate shall be accompanied by identifying information as prescribed by the MSRB. Section 7. Termination of Reporting Obligation. The District’s obligations under this Disclosure Certificate shall terminate upon the defeasance, prior redemption or payment in full of all of the Bonds. If such termination occurs prior to the final maturity of the Bonds, the District shall give notice of such termination in the same manner as for a Listed Event under Section 5(c). Section 8. Dissemination Agent. (a) Appointment of Dissemination Agent. The District may, from time to time, appoint or engage a Dissemination Agent to assist it in carrying out its obligations under this Disclosure Certificate and may discharge any such agent, with or without appointing a successor Dissemination Agent. If the Dissemination Agent is not the District, the Dissemination Agent shall not be responsible in any manner for the content of any notice or report prepared by the District pursuant to this Disclosure Certificate. It is understood and agreed that any information that the Dissemination Agent may be instructed to file with EMMA shall be prepared and provided to it by the District. The Dissemination Agent has undertaken no responsibility with respect to the content of any reports, notices or disclosures provided to it under this Disclosure Certificate and has no liability to any person, including any Bondholder, with respect to any such reports, notices or disclosures. The fact that the Dissemination Agent or any affiliate thereof may have any fiduciary or banking relationship with the District shall not be construed to mean that the Dissemination Agent has actual knowledge of any event or condition, except as may be provided by written notice from the District. (b) Compensation of Dissemination Agent. The Dissemination Agent shall be paid compensation by the District for its services provided hereunder in accordance with its schedule of fees as agreed to between the Dissemination Agent and the District from time to time and all expenses, legal fees and expenses and advances made or incurred by the Dissemination Agent in the performance of its duties hereunder. The Dissemination Agent shall not be deemed to be acting in any fiduciary capacity for the District, owners or Beneficial Owners, or any other party. The Dissemination Agent may rely, and shall be protected in acting or refraining from acting, upon any direction from the District or an opinion of nationally recognized bond counsel. The Dissemination Agent may at any time resign by giving written notice of such resignation to the District. The Dissemination Agent shall not be liable hereunder except for its negligence or willful misconduct. (c) Responsibilities of Dissemination Agent. In addition of the filing obligations of the Dissemination Agent set forth in Sections 3(e) and 5, the Dissemination Agent shall be obligated, and hereby agrees, to provide a request to the District to compile the information required for its Annual Report at least 30 days prior to the date such information is to be provided to the Dissemination Agent pursuant to subsection (c) of Section 3. The failure to provide or receive any such request shall not affect the obligations of the District under Section 3. Section 9. Amendment; Waiver. Notwithstanding any other provision of this Disclosure Certificate, the District may amend this Disclosure Certificate (and the Dissemination Agent shall agree to any amendment so requested by the District that does not impose any greater duties or risk of liability on the Dissemination Agent), and any provision of this Disclosure Certificate may be waived, provided that all of the following conditions are satisfied: (a) Change in Circumstances. If the amendment or waiver relates to the provisions of Sections 3(a), 4 or 5(a) or (b), it may only be made in connection with a change in circumstances that arises from a change in legal requirements, change in law, or change in the identity, nature, or status of an obligated person with respect to the Bonds, or the type of business conducted. (b) Compliance as of Issue Date. The undertaking, as amended or taking into account such waiver, would, in the opinion of a nationally recognized bond counsel, have complied with the requirements of the Rule at the time of the original issuance of the Bonds, after taking into account any amendments or interpretations of the Rule, as well as any change in circumstances. Exhibit D Page 5 (c) Consent of Holders; Non-impairment Opinion. The amendment or waiver either (i) is approved by the Bondholders in the same manner as provided in the Bond Resolution for amendments to the Bond Resolution with the consent of Bondholders, or (ii) does not, in the opinion of nationally recognized bond counsel, materially impair the interests of the Bondholders or Beneficial Owners. If this Disclosure Certificate is amended or any provision of this Disclosure Certificate is waived, the District shall describe such amendment or waiver in the next following Annual Report and shall include, as applicable, a narrative explanation of the reason for the amendment or waiver and its impact on the type (or in the case of a change of accounting principles, on the presentation) of financial information or operating data being presented by the District. In addition, if the amendment relates to the accounting principles to be followed in preparing financial statements, (i) notice of such change shall be given in the same manner as for a Listed Event under Section 5(c), and (ii) the Annual Report for the year in which the change is made should present a comparison (in narrative form and also, if feasible, in quantitative form) between the financial statements as prepared on the basis of the new accounting principles and those prepared on the basis of the former accounting principles. Section 10. Additional Information. Nothing in this Disclosure Certificate shall be deemed to prevent the District from disseminating any other information, using the means of dissemination set forth in this Disclosure Certificate or any other means of communication, or including any other information in any Annual Report or notice of occurrence of a Listed Event, in addition to that which is required by this Disclosure Certificate. If the District chooses to include any information in any Annual Report or notice of occurrence of a Listed Event in addition to that which is specifically required by this Disclosure Certificate, the District shall have no obligation under this Disclosure Certificate to update such information or include it in any future Annual Report or notice of occurrence of a Listed Event. Section 11. Default. In the event of a failure of the District to comply with any provision of this Disclosure Certificate, any Bondholder or Beneficial Owner may take such actions as may be necessary and appropriate, including seeking mandate or specific performance by court order, to cause the District to comply with its obligations under this Disclosure Certificate. The sole remedy under this Disclosure Certificate in the event of any failure of the District to comply with this Disclosure Certificate shall be an action to compel performance. Section 12. Duties, Immunities and Liabilities of Dissemination Agent. The Dissemination Agent shall have only such duties as are specifically set forth in this Disclosure Certificate, and no implied covenants or obligations shall be read into this Disclosure Certificate against the Dissemination Agent, and the District agrees to indemnify and save the Dissemination Agent, its officers, directors, employees and agents, harmless against any loss, expense and liabilities which it may incur arising out of or in the exercise or performance of its powers and duties hereunder, including the costs and expenses (including attorneys’ fees and expenses) of defending against any claim of liability, but excluding liabilities due to the Dissemination Agent’s negligence or willful misconduct. The Dissemination Agent shall have the same rights, privileges and immunities hereunder as are afforded to the Paying Agent under the Bond Resolution. The obligations of the District under this Section 12 shall survive resignation or removal of the Dissemination Agent and payment of the Bonds. Section 13. Beneficiaries. This Disclosure Certificate shall inure solely to the benefit of the District, the Dissemination Agent, the Participating Underwriter and the owners and Beneficial Owners from time to time of the Bonds, and shall create no rights in any other person or entity. Date: August 2, 2017 PITTSBURG UNIFIED SCHOOL DISTRICT By Enrique E. Palacios Exhibit D Page 6 Deputy Superintendent ACKNOWLEDGED: PFM FINANCIAL ADVISORS LLC, as Dissemination Agent By Authorized Officer Exhibit D Page 7 EXHIBIT A NOTICE TO EMMA OF FAILURE TO FILE ANNUAL REPORT Name of Issuer: Pittsburg Unified School District Name of Issue: $___________ Pittsburg Unified School District (Contra Costa County, California) General Obligation Bonds, Election of 2014, Series B (2017) Date of Issuance: August 2, 2017 NOTICE IS HEREBY GIVEN that the Issuer has not provided an Annual Report with respect to the above-named Issue as required by the Continuing Disclosure Certificate, dated August 2, 2017, furnished by the Issuer in connection with the Issue. The Issuer anticipates that the Annual Report will be filed by _____________. Dated: ______________________ PFM FINANCIAL ADVISORS LLC, as Dissemination Agent By Title cc: Paying Agent RECOMMENDATION(S): ADOPT Resolution No. 2017/258 authorizing the issuance and sale of "Pittsburg Unified School District 2017 General Obligation Refunding Bonds" by the Pittsburg Unified School District on its own behalf, as permitted by Section 53550 of the Government Code. FISCAL IMPACT: There is no fiscal impact to the County. BACKGROUND: The Pittsburg Unified School District intends to issue General Obligation Refunding bonds to restructure debt previously issued to fund capital improvements throughout the District. The District has requested that the Board of Supervisors adopt a resolution authorizing the direct issuance and sale of the refunding bonds by the District on its own behalf as authorized by Section 53550 of the Government Code. CONSEQUENCE OF NEGATIVE ACTION: Without the Contra Costa County Board of Supervisors authorization, the School District would not be able to issue the refunding bonds. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/11/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Timothy Ewell, 925-335-1036 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: C.176 To:Board of Supervisors From:David Twa, County Administrator Date:July 11, 2017 Contra Costa County Subject:PITTSBURG UNIFIED SCHOOL DISTRICT 2017 GENERAL OBLIGATION REFUNDING BONDS CHILDREN'S IMPACT STATEMENT: The recommendation supports the following Children's Report Card outcome: Communities that are Safe and Provide a High Quality of Life for Children and Families. AGENDA ATTACHMENTS Resolution No. 2017/258 District Resolution MINUTES ATTACHMENTS Signed Resolution No. 2017/258 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 07/11/2017 by the following vote: AYE: John Gioia Candace Andersen Diane Burgis Karen Mitchoff Federal D. Glover NO: ABSENT: ABSTAIN: RECUSE: Resolution No. 2017/258 RESOLUTION OF THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY CONSENTING TO AND AUTHORIZING THE PITTSBURG UNIFIED SCHOOL DISTRICT TO ISSUE ITS 2017 GENERAL OBLIGATION REFUNDING BONDS RESOLVED by the Board of Supervisors (the “Board”) of Contra Costa County (the “County”), State of California: WHEREAS, sections 53506 et seq. of the California Government Code, including section 53508.7 thereof, provide that California public school district may issue and sell bonds on its own behalf at private sale pursuant to sections 15140 and 15146 of the California Education Code the Education Code; WHEREAS, section 15140(b) of the California Education Code provides that the board of supervisors of county may authorize California public school district in the county to issue and sell its own bonds without the further action of the board of supervisors or officers of the county; WHEREAS, the Board of Trustees of the Pittsburg Unified School District (the “District”), a California public school district under the jurisdiction of the County, has heretofore adopted and filed with the Clerk of this Board, a resolution (the “District Resolution”) providing for the issuance and sale of its Pittsburg Unified School District 2017 General Obligation Refunding Bonds (the “2017 Refunding Bonds”), through negotiated sale pursuant to sections 53506 et seq. of the California Government Code; and WHEREAS, it has been requested on behalf of the District that this Board consent to such issuance of the 2017 Refunding Bonds and authorize the District to issue and sell the 2017 Refunding Bonds on its own behalf at negotiated sale pursuant to sections 15140 and 15146 of the California Education Code as permitted by section 53508.7 of the California Government Code and the terms set forth in the District Resolution; NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County of Contra Costa, State of California, as follows: Section 1. Recitals. All of the foregoing recitals are true and correct. Section 2. Consent and Authorization of Negotiated Sale. This Board hereby consents to and authorizes the issuance and negotiated sale by the District on its own behalf of the 2017 Refunding Bonds pursuant to sections 15140 and 15146 of the California Education Code, as permitted by section 53508.7 of the California Government Code and the terms and conditions set forth in the District Resolution. This consent and authorization set forth herein shall only apply to the 2017 Refunding Bonds. Section 3. Source of Payment. The County acknowledges receipt of the District Resolution as adopted and the requests made by the District to levy collect and distribute ad valorem tax revenues pursuant to section 15250 et seq. of the California Education Code to pay for principal of and interest on the 2017 Refunding Bonds when and if sold. Correspondingly, and subject to the issuance and sale of the 2017 Refunding Bonds and transmittal of information concerning the debt service requirements thereof to the appropriate County officers, there shall be levied by the County on all of the taxable property in the District in addition to all other taxes, a continuing direct ad valorem tax annually during the period the 2017 Refunding Bonds are outstanding commencing with fiscal year 2015-16 in an amount sufficient to pay the principal of and interest on the 2017 Refunding Bonds 5 commencing with fiscal year 2015-16 in an amount sufficient to pay the principal of and interest on the 2017 Refunding Bonds when due which tax revenues when collected will be placed in the Interest and Sinking Fund of the District, as defined in the District Resolution, which Interest and Sinking Fund has been irrevocably pledged for the payment of the principal of and interest on the 2017 Refunding Bonds when and as the same fall due. The monies in the Interest and Sinking Fund, to the extent necessary to pay the principal of and interest on the 2017 Refunding Bonds as the same become due and payable, shall be transferred by the County to the Paying Agent, as defined in the District Resolution, as necessary to pay the principal of and interest on the 2017 Refunding Bonds as set out in California law and in the District Resolution. Section 4. Approval of Actions. Officers of the Board and County officials and staff are authorized to do any and all things and are hereby authorized and directed jointly and severally to execute and deliver any and all documents which they may deem necessary or advisable in order to assist the District with the issuance of the 2017 Refunding Bonds and otherwise carry out give effect to and comply with the terms and intent of this Resolution. Such actions heretofore taken by such officers officials and staff are hereby ratified confirmed and approved. Section 5. Indemnification of County . The County acknowledges and relies upon the fact that the District has represented that it shall indemnify and hold harmless, to the extent permitted by law, the County and its officers and employees (“Indemnified Parties”), against any and all losses, claims, damages or liabilities, joint or several, to which such Indemnified Parties may become subject because of action or inaction related to the adoption of this resolution, or related to the proceedings for sale, award, issuance and delivery of the 2017 Refunding Bonds in accordance herewith and with the District’s resolution and that the District shall also reimburse any such Indemnified Parties for any legal or other expenses incurred in connection with investigating or defending any such claims or actions. Section 6. Limited Responsibility for Official Statement. Neither the Board nor any officer of the County has prepared or reviewed the official statement of the District describing the 2017 Refunding Bonds (the “Official Statement”) and this Board and the various officers of the County take no responsibility for the contents or distribution thereof; provided, however, that solely with respect to a section contained or to be contained therein describing the County’s investment policy, current portfolio holdings and valuation procedures, as they may relate to funds of the District held by the County Treasurer-Tax Collector, the County Treasurer-Tax Collector is hereby authorized and directed to prepare and review such information for inclusion in the Official Statement and in a preliminary official statement, and to certify in writing prior to or upon the issuance of the 2017 Refunding Bonds that the information contained in such section does not contain any untrue statement of material fact or omit to state any material fact necessary in order to make the statements made therein in the light of the circumstances under which they are made not misleading. Section 7. Limited Liability. Notwithstanding anything to the contrary contained herein in the 2017 Refunding Bonds or in any other document mentioned herein, neither the County nor the Board shall have any liability hereunder or by reason hereof or in connection with the transactions contemplated hereby and the 2017 Refunding Bonds shall be payable solely from the moneys of the District available therefore as set forth in the District Resolution and herein. Section 8. Effective Date. This Resolution shall take effect immediately upon its passage. Contact: Timothy Ewell, 925-335-1036 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 11, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: C.176 Quint & Thimmig LLP 05/01/17 05/12/17 16010.31 PITTSBURG UNIFIED SCHOOL DISTRICT RESOLUTION NO. 16-28 RESOLUTION OF THE BOARD OF TRUSTEES OF THE PITTSBURG UNIFIED SCHOOL DISTRICT AUTHORIZING THE ISSUANCE AND SALE OF THE DISTRICT’S 2017 GENERAL OBLIGATION REFUNDING BONDS Adopted June 14, 2017 -i- TABLE OF CONTENTS ARTICLE I DEFINITIONS; AUTHORITY Section 1.01. Definitions .............................................................................................................................................. 2 Section 1.02. Authority for this Resolution ............................................................................................................... 5 ARTICLE II THE 2017 REFUNDING BONDS Section 2.01. Authorization ......................................................................................................................................... 6 Section 2.02. Terms of 2017 Refunding Bonds ......................................................................................................... 6 Section 2.03. Redemption ............................................................................................................................................ 7 Section 2.04. Form of 2017 Refunding Bonds ........................................................................................................... 8 Section 2.05. Execution of 2017 Refunding Bonds ................................................................................................... 8 Section 2.06. Transfer of 2017 Refunding Bonds ..................................................................................................... 9 Section 2.07. Exchange of 2017 Refunding Bonds ................................................................................................... 9 Section 2.08. Bond Register ......................................................................................................................................... 9 Section 2.09. Temporary 2017 Refunding Bonds ..................................................................................................... 9 Section 2.10. 2017 Refunding Bonds Mutilated, Lost, Destroyed or Stolen ....................................................... 10 Section 2.11. Book Entry System .............................................................................................................................. 10 ARTICLE III ISSUE OF 2017 REFUNDING BONDS; APPLICATION OF 2017 REFUNDING BOND PROCEEDS; SECURITY FOR THE 2017 REFUNDING BONDS Section 3.01. Issuance, Award and Delivery of 2017 Refunding Bonds ............................................................. 12 Section 3.02. Funds and Accounts ........................................................................................................................... 12 Section 3.03. Application of Proceeds of Sale of 2017 Refunding Bonds ........................................................... 12 Section 3.04. Security for the 2017 Refunding Bonds ............................................................................................ 13 ARTICLE IV SALE OF BONDS; APPROVAL OF PAYING AGENT AGREEMENT; APPROVAL OF OFFICIAL STATEMENT Section 4.01. Sale of the 2017 Refunding Bonds ..................................................................................................... 15 Section 4.02. Approval of Paying Agent Agreement ............................................................................................ 15 Section 4.03. Approval of Escrow Agreement ....................................................................................................... 15 Section 4.04. Official Statement ................................................................................................................................ 15 Section 4.05. Official Action ...................................................................................................................................... 16 ARTICLE V OTHER COVENANTS OF THE DISTRICT Section 5.01. Punctual Payment ............................................................................................................................... 17 Section 5.02. Extension of Time for Payment ......................................................................................................... 17 Section 5.03. Protection of Security and Rights of Bondowners ......................................................................... 17 Section 5.04. Further Assurances ............................................................................................................................. 17 Section 5.05. Tax Covenants ..................................................................................................................................... 17 Section 5.06. Acquisition, Disposition and Valuation of Investments ............................................................... 18 Section 5.07. Continuing Disclosure ........................................................................................................................ 18 ARTICLE VI THE PAYING AGENT Section 6.01. Appointment of Paying Agent .......................................................................................................... 19 -ii- Section 6.02. Paying Agent May Hold 2017 Refunding Bonds ........................................................................... 19 Section 6.03. Liability of Agents ............................................................................................................................... 19 Section 6.04. Notice to Agents .................................................................................................................................. 20 Section 6.05. Compensation, Indemnification ........................................................................................................ 20 ARTICLE VII EVENTS OF DEFAULT AND REMEDIES OF BONDOWNERS Section 7.01. Events of Default ................................................................................................................................. 21 Section 7.02. Other Remedies of Bondowners ....................................................................................................... 21 Section 7.03. Non-Waiver .......................................................................................................................................... 21 Section 7.04. Remedies Not Exclusive ..................................................................................................................... 22 ARTICLE VIII SUPPLEMENTAL RESOLUTIONS Section 8.01. Supplemental Resolutions Effective Without Consent of the Owners ........................................ 23 Section 8.02. Supplemental Resolutions Effective With Consent to the Owners ............................................. 23 ARTICLE IX MISCELLANEOUS Section 9.01. Benefits of Resolution Limited to Parties ......................................................................................... 24 Section 9.02. Defeasance ............................................................................................................................................ 24 Section 9.03. Execution of Documents and Proof of Ownership by Bondowners ............................................ 26 Section 9.04. Waiver of Personal Liability .............................................................................................................. 26 Section 9.05. Destruction of Canceled 2017 Refunding Bonds ............................................................................ 26 Section 9.06. Partial Invalidity .................................................................................................................................. 26 Section 9.07. Effective Date of Resolution .............................................................................................................. 26 EXHIBIT A: FORM OF 2017 REFUNDING BOND EXHIBIT B: FORM OF BOND PURCHASE AGREEMENT EXHIBIT C: FORM OF PAYING AGENT AGREEMENT EXHIBIT D: FORM OF ESCROW AGREEMENT EXHIBIT E: FORM OF CONTINUING DISCLOSURE CERTIFICATE PITTSBURG UNIFIED SCHOOL DISTRICT RESOLUTION NO. __ RESOLUTION OF THE BOARD OF TRUSTEES OF THE PITTSBURG UNIFIED SCHOOL DISTRICT AUTHORIZING THE ISSUANCE AND SALE OF THE DISTRICT’S 2017 GENERAL OBLIGATION REFUNDING BONDS RESOLVED, by the Board of Trustees (the “Board of Trustees”) of the Pittsburg Unified School District (the “District”), as follows: WHEREAS, the District has heretofore caused the issuance of its Pittsburg Unified School District (Contra Costa County, California) General Obligation Bonds, Election of 2004, Series C, in the original principal amount of $10,050,000, issued for authorized school purposes, of which $7,695,000 principal amount remains outstanding (the “2004C Bonds”); WHEREAS, the District has also heretofore caused the issuance of its Pittsburg Unified School District (Contra Costa County, California) General Obligation Bonds, Election of 2006, Series A, in the original principal amount of $15,000,000, issued for authorized school purposes, of which $9,255,000 principal amount remains outstanding (the “2006A Bonds”); WHEREAS, the District has also heretofore caused the issuance of its Pittsburg Unified School District (Contra Costa County, California) General Obligation Bonds, Election of 2006, Series B, in the original principal amount of $35,000,000, issued for authorized school purposes, of which $31,855,000 principal amount remains outstanding (the “2006B Bonds”); WHEREAS, pursuant to Articles 9 and 11 of Chapter 3 (commencing with section 53550) of Division 2 of Title 5 of the California Government Code (the “Act”), the District is empowered to issue general obligation refunding bonds; and WHEREAS, the District has determined that it is in the best interests of the District to refund, (a) on a current basis, all outstanding 2004C Bonds maturing on and after August 1, 2018, in the principal amount of $7,345,000 (the “Refunded 2004C Bonds”), (b) on a current basis, all outstanding 2006A Bonds maturing on and after August 1, 2018, in the principal amount of $8,805,000 (the “Refunded 2006A Bonds”), and (c) on an advance basis, all outstanding 2006B Bonds maturing on and after August 1, 2019, in the principal amount of $30,710,000 (the “Refunded 2006B Bonds”), and wishes at this time to authorize the issuance and sale of its Pittsburg Unified School District (Contra Costa County, California) 2017 General Obligation Refunding Bonds (the “2017 Refunding Bonds”) for the such purposes; NOW, THEREFORE, it is hereby RESOLVED, by the Board of Trustees of the Pittsburg Unified School District, as follows: -2- ARTICLE I DEFINITIONS; AUTHORITY Section 1.01. Definitions. The terms defined in this Section 1.01, as used and capitalized herein, shall, for all purposes of this Resolution, have the meanings ascribed to them below, unless the context clearly requires some other meaning. “Act” means Articles 9 and 11 of Chapter 3 (commencing with section 53550) of Division 2 of Title 5 of the California Government Code, as is in effect on the date of adoption hereof and as amended hereafter. “Articles,” “Sections” and other subdivisions are to the corresponding Articles, Sections or subdivisions of this Resolution, and the words “herein,” “hereof,” “hereunder” and other words of similar import refer to this Resolution as a whole and not to any particular Article, Section or subdivision hereof. “Authorized Investments” means any investments permitted by law to be made with moneys belonging to, or in the custody of, the District, but only to the extent that the same are acquired at Fair Market Value. “Board” means the Board of Trustees of the District. “Bond Counsel” means any attorney or firm of attorneys nationally recognized for expertise in rendering opinions as to the legality and tax exempt status of securities issued by public entities. “Bond Purchase Agreement” means the Bond Purchase Agreement by and between the District and the Underwriter, for the purchase and sale of the 2017 Refunding Bonds. “Bond Register” means the registration books for the 2017 Refunding Bonds maintained by the Paying Agent. “Closing Date” means the date upon which there is an exchange of the 2017 Refunding Bonds for the proceeds representing the purchase of the 2017 Refunding Bonds by the Underwriter. “Code” means the Internal Revenue Code of 1986 as in effect on the date of issuance of the 2017 Refunding Bonds or (except as otherwise referenced herein) as it may be amended to apply to obligations issued on the date of issuance of the 2017 Refunding Bonds, together with applicable temporary and final regulations promulgated, and applicable official public guidance published, under the Code. “Continuing Disclosure Certificate” shall mean that certain Continuing Disclosure Certificate executed by the District and dated the date of issuance and delivery of the 2017 Refunding Bonds, as originally executed and as it may be amended from time to time in accordance with the terms thereof. “Costs of Issuance” means all items of expense directly or indirectly reimbursable to the District relating to the issuance, execution and delivery of the 2017 Refunding Bonds including, but not limited to, filing and recording costs, settlement costs, printing costs, reproduction and binding costs, legal fees and charges, fees and expenses of the Paying Agent, financial and other -3- professional consultant fees, costs of obtaining credit ratings, fees for execution, transportation and safekeeping of the 2017 Refunding Bonds and charges and fees in connection with the foregoing. “County” means Contra Costa County, California. “Debt Service” means the scheduled amount of interest and amortization of principal payable on the 2017 Refunding Bonds during the period of computation, excluding amounts scheduled during such period which relate to principal which has been retired before the beginning of such period. “District Representative” means the Superintendent, the Deputy Superintendent, Administrative Services, or any other person authorized by resolution of the Board of Trustees of the District to act on behalf of the District with respect to this Resolution and the 2017 Refunding Bonds. “Escrow Agreement” means that certain Escrow Agreement, by and between the District and the Escrow Bank, relating to the defeasance of the Refunded 2006B Bonds. “Escrow Bank” means The Bank of New York Mellon Trust Company, N.A. as escrow bank under the Escrow Agreement. “Fair Market Value” means the price at which a willing buyer would purchase the investment from a willing seller in a bona fide, arm’s length transaction (determined as of the date the contract to purchase or sell the investment becomes binding) if the investment is traded on an established securities market (within the meaning of section 1273 of the Code) and, otherwise, the term “Fair Market Value” means the acquisition price in a bona fide arm’s length transaction (as referenced above) if (i) the investment is a certificate of deposit that is acquired in accordance with applicable regulations under the Code, (ii) the investment is an agreement with specifically negotiated withdrawal or reinvestment provisions and a specifically negotiated interest rate (for example, a guaranteed investment contract, a forward supply contract or other investment agreement) that is acquired in accordance with applicable regulations under the Code, (iii) the investment is a United States Treasury Security—State and Local Government Series that is acquired in accordance with applicable regulations of the United States Bureau of Public Debt, or (iv) any commingled investment fund in which the District and related parties do not own more than a ten percent (10%) beneficial interest therein if the return paid by the fund is without regard to the source of the investment. “Federal Securities” means United States Treasury Bonds, bills or certificates of indebtedness or those for which the faith and credit of the United States are pledged for the payment of principal and interest. “Financial Advisor” means PFM Financial Advisors, LLC as financial advisor to the District in connection with the issuance of the 2017 Refunding Bonds. “Information Services” means the Electronic Municipal Market Access System (referred to as “EMMA”), a facility of the Municipal Securities Rulemaking Board (at http://emma.msrb.org) or, in accordance with then current guidelines of the Securities and Exchange Commission, such other addresses and/or such other national information services providing information with respect to called bonds as the District may designate to the Paying Agent. -4- “Interest Payment Date” means with respect to interest, February 1 and August 1 of each year commencing on February 1, 2018, and with respect to principal, August 1, of each year commencing on August 1 in such year as shall be set forth in the Bond Purchase Agreement. “Outstanding” means, when used as of any particular time with reference to 2017 Refunding Bonds, all 2017 Refunding Bonds except: (a) 2017 Refunding Bonds theretofore canceled by the Paying Agent or surrendered to the Paying Agent for cancellation; (b) 2017 Refunding Bonds paid or deemed to have been paid within the meaning of Section 9.02 hereof; and (c) 2017 Refunding Bonds in lieu of or in substitution for which other 2017 Refunding Bonds shall have been authorized, executed, issued and delivered by the District pursuant to this Resolution. “Owner” or “Bondowner” mean any person who shall be the registered owner of any Outstanding 2017 Refunding Bond. “Participating Underwriter” shall have the meaning ascribed thereto in the Continuing Disclosure Certificate. “Paying Agent” means The Bank of New York Mellon Trust Company, N.A., the Paying Agent appointed by the District and acting as paying agent, registrar and authenticating agent for the 2017 Refunding Bonds, or such other paying agent as shall be appointed by the District prior to the delivery of the 2017 Refunding Bonds, its successors and assigns, and any other corporation or association which may at any time be substituted in its place, as provided in Section 6.01 hereof. “Paying Agent Agreement” means the Paying Agent/Bond Registrar/Costs of Issuance Agreement, dated the Closing Date, by and between the District and the Paying Agent. “Principal Office” means the principal corporate trust office of the Paying Agent in Dallas, Texas. “Record Date” means the 15th day of the month preceding each Interest Payment Date. “Refunded 2004C Bonds” means the 2004C Bonds maturing on and after August 1, 2018, in the principal amount of $7,345,000. “Refunded 2006A Bonds” means the 2006A Bonds maturing on and after August 1, 2018, in the principal amount of $8,805,000. “Refunded 2006B Bonds” means the 2006B Bonds maturing on and after August 1, 2018, in the principal amount of $31,315,000. “Regulations” means temporary and permanent regulations promulgated under the Code. “Resolution” means this Resolution, including all amendments hereto and supplements hereof which are duly adopted by the Board of Trustees from time to time in accordance herewith. -5- “Securities Depositories” means The Depository Trust Company, 55 Water Street, 50th Floor, New York, NY 10041-0099, Attention: Call Notification Department, Fax (212) 855-7232; and, in accordance with then current guidelines of the Securities and Exchange Commission, such other addresses and/or such other securities depositories as the District may designate to the Paying Agent. “Supplemental Resolution” means any resolution supplemental to or amendatory of this Resolution, adopted by the District in accordance with Article VIII hereof. “Term Bonds” means those 2017 Refunding Bonds for which mandatory redemption dates have been established pursuant to the Bond Purchase Agreement. “Treasurer-Tax Collector” means the County Treasurer-Tax Collector. “2004C Bonds” means the Pittsburg Unified School District (Contra Costa County, California) General Obligation Bonds, Election of 2004, Series C, in the original principal amount of $10,050,000 issued for authorized school purposes, of which $7,695,000 principal amount remains outstanding. “2006A Bonds” means the Pittsburg Unified School District (Contra Costa County, California) General Obligation Bonds, Election of 2006, Series A, in the original principal amount of $15,000,000, issued for authorized school purposes, of which $9,255,000 principal amount remains outstanding. “2006B Bonds” means the Pittsburg Unified School District (Contra Costa County, California) General Obligation Bonds, Election of 2006, Series B, in the original principal amount of $35,000,000, issued for authorized school purposes, of which $31,855,000 principal amount remains outstanding. “2017 Refunding Bonds” means the Pittsburg Unified School District (Contra Costa County, California) 2017 General Obligation Refunding Bonds, issued and at any time Outstanding pursuant to this Resolution. “Underwriter” means Raymond James & Associates, Inc.. “Written Request of the District” means an instrument in writing signed by the District Representative or by any other officer of the District duly authorized by the District and listed on a Written Request of the District for that purpose. Section 1.02. Authority for this Resolution. This Resolution is entered into pursuant to the provisions of the Act. -6- ARTICLE II THE 2017 REFUNDING BONDS Section 2.01. Authorization. 2017 Refunding Bonds are hereby authorized to be issued by the District under and subject to the terms of the Act and this Resolution. The amount of 2017 Refunding Bonds shall be determined on the date of sale thereof in accordance with the Bond Purchase Agreement. This Resolution constitutes a continuing agreement with the Owners of all of the 2017 Refunding Bonds issued or to be issued hereunder and then Outstanding to secure the full and final payment of principal of and the interest on all 2017 Refunding Bonds which may from time to time be executed and delivered hereunder, subject to the covenants, agreements, provisions and conditions herein contained. The 2017 Refunding Bonds shall be designated the “Pittsburg Unified School District (Contra Costa County, California) 2017 General Obligation Refunding Bonds.” Section 2.02. Terms of 2017 Refunding Bonds. (a) Form; Numbering. The 2017 Refunding Bonds shall be issued as fully registered 2017 Refunding Bonds, without coupons, in the denomination of $5,000 each or any integral multiple thereof, but in an amount not to exceed the aggregate principal amount of 2017 Refunding Bonds maturing in the year of maturity of the 2017 Refunding Bond for which the denomination is specified. 2017 Refunding Bonds shall be lettered and numbered as the Paying Agent shall prescribe. (b) Date of 2017 Refunding Bonds. The 2017 Refunding Bonds shall be dated as of the Closing Date. (c) CUSIP Identification Numbers. “CUSIP” identification numbers shall be imprinted on the 2017 Refunding Bonds, but such numbers shall not constitute a part of the contract evidenced by the 2017 Refunding Bonds and any error or omission with respect thereto shall not constitute cause for refusal of any purchaser to accept delivery of and pay for the 2017 Refunding Bonds. In addition, failure on the part of the District to use such CUSIP numbers in any notice to Owners of the 2017 Refunding Bonds shall not constitute an Event of Default (hereinafter defined) or any violation of the District’s contract with such Owners and shall not impair the effectiveness of any such notice. (d) Maturities; Interest. The 2017 Refunding Bonds shall mature (or, alternatively, be subject to mandatory sinking fund redemption as hereinafter provided) and become payable on August 1 in the years and in the amounts set forth in, and subject to the alteration thereof permitted by, the Bond Purchase Agreement. The 2017 Refunding Bonds shall bear interest at such rate or rates as shall be determined upon the sale thereof, payable semi-annually on each Interest Payment Date. Each 2017 Refunding Bond shall bear interest from the Interest Payment Date next preceding the date of registration and authentication thereof unless (i) it is registered and authenticated as of an Interest Payment Date, in which event it shall bear interest from such date, or (ii) it is registered and authenticated prior to an Interest Payment Date and after the close of business on the fifteenth day of the month preceding such Interest Payment Date, in which event it shall bear interest from such Interest Payment Date, or (iii) it is registered and authenticated prior to July 15, 2017, in which event it shall bear interest from the date described in paragraph (b) of this Section 2.02; provided, however, that if at the time of authentication of a 2017 Refunding Bond, interest is in default thereon, such 2017 Refunding Bond shall bear -7- interest from the Interest Payment Date to which interest has previously been paid or made available for payment thereon. Interest on the 2017 Refunding Bonds shall be calculated on the basis of a 360-day year comprised of twelve 30-day months. (e) Payment. Interest on the 2017 Refunding Bonds (including the final interest payment upon maturity or earlier redemption) is payable by check of the Paying Agent mailed via first- class mail to the Owner thereof at such Owner’s address as it appears on the Bond Register on each Record Date or at such other address as the Owner may have filed with the Paying Agent for that purpose; provided however, that payment of interest may be by wire transfer in immediately available funds to an account in the United States of America to any Owner of 2017 Refunding Bonds in the aggregate principal amount of $1,000,000 or more who shall furnish written wire instructions to the Paying Agent at least five (5) days before the applicable Record Date. Principal of the 2017 Refunding Bonds is payable in lawful money of the United States of America at the Principal Office. Section 2.03. Redemption. (a) Optional Redemption. The 2017 Refunding Bonds maturing on or before August 1, 2026, are non-callable. The 2017 Refunding Bonds maturing on August 1, 2027, or any time thereafter, are callable for redemption prior to their stated maturity date at the option of the District, in whole or in part on any day on or after August 1, 2026, and may be redeemed prior to the maturity thereof by payment of all principal, plus accrued interest to date of redemption, without premium, payable from any source lawfully available therefor. The District shall be required to give the Paying Agent written notice of its intention to redeem 2017 Refunding Bonds. (b) Mandatory Sinking Fund Redemption. In the event and to the extent specified in the Bond Purchase Agreement, any maturity of 2017 Refunding Bonds may be designated as “Term Bonds” and shall be subject to mandatory sinking fund redemption. If some but not all of such Term Bonds have been redeemed pursuant to the preceding subsection (a) of this Section 2.03, the aggregate principal amount of such Term Bonds to be redeemed in each year pursuant to this subsection (b) shall be reduced on a pro rata basis in integral multiples of $5,000, as shall be designated pursuant to written notice filed by the District with the Paying Agent. (c) Notice of Redemption. The Paying Agent on behalf and at the expense of the District shall mail (by first class mail) notice of any redemption to: (i) the respective Owners of any 2017 Refunding Bonds designated for redemption, at least thirty (30) but not more than sixty (60) days prior to the redemption date, at their respective addresses appearing on the Bond Register, and (ii) the Securities Depositories and to one or more Information Services, at least thirty (30) but not more than sixty (60) days prior to the redemption; provided, however, that neither failure to receive any such notice so mailed nor any defect therein shall affect the validity of the proceedings for the redemption of such 2017 Refunding Bonds or the cessation of the accrual of interest thereon. Such notice shall state the date of the notice, the redemption date, the redemption place and the redemption price and shall designate the CUSIP numbers, the 2017 Refunding Bond numbers and the maturity or maturities (in the event of redemption of all of the 2017 Refunding Bonds of such maturity or maturities in whole) of the 2017 Refunding Bonds to be redeemed, and shall require that such 2017 Refunding Bonds be then surrendered at the Principal Office for redemption at the redemption price, giving notice also that further interest on such 2017 Refunding Bonds will not accrue from and after the redemption date. -8- Notwithstanding the foregoing, in the case of any optional redemption of the 2017 Refunding Bonds, the notice of redemption shall state that the redemption is conditioned upon receipt by the Paying Agent of sufficient moneys to redeem the 2017 Refunding Bonds on the scheduled redemption date, and that the optional redemption shall not occur if, by no later than the scheduled redemption date, sufficient moneys to redeem the 2017 Refunding Bonds have not been deposited with the Paying Agent. In the event that the Paying Agent does not receive sufficient funds by the scheduled optional redemption date to so redeem the 2017 Refunding Bonds to be optionally redeemed, the Paying Agent shall send written notice to the Owners, to the Securities Depositories and to one or more of the Information Services to the effect that the redemption did not occur as anticipated, and the 2017 Refunding Bonds for which notice of optional redemption was given shall remain Outstanding for all purposes. (d) Selection of 2017 Refunding Bonds for Redemption. Whenever provision is made for the redemption of 2017 Refunding Bonds of more than one maturity, the 2017 Refunding Bonds to be redeemed shall be selected by the District evidenced by a Written Request of the District filed with the Paying Agent or, absent such selection by the District, on a pro rata basis among the maturities subject to redemption; and in each case, the Paying Agent shall select the 2017 Refunding Bonds to be redeemed within any maturity by lot in any manner which the Paying Agent in its sole discretion shall deem appropriate and fair. For purposes of such selection, all 2017 Refunding Bonds shall be deemed to be comprised of separate $5,000 portions and such portions shall be treated as separate 2017 Refunding Bonds which may be separately redeemed. (e) Partial Redemption of 2017 Refunding Bonds. In the event only a portion of any 2017 Refunding Bond is called for redemption, then upon surrender of such 2017 Refunding Bond the District shall execute and the Paying Agent shall authenticate and deliver to the Owner thereof, at the expense of the District, a new 2017 Refunding Bond or Bonds of the same maturity date, of authorized denominations in aggregate principal amount equal to the unredeemed portion of the 2017 Refunding Bond to be redeemed. 2017 Refunding Bonds need not be presented for mandatory sinking fund redemptions. (f) Effect of Redemption. From and after the date fixed for redemption, if funds available for the payment of the principal of and interest (and premium, if any) on the 2017 Refunding Bonds so called for redemption shall have been duly provided, such 2017 Refunding Bonds so called shall cease to be entitled to any benefit under this Resolution other than the right to receive payment of the redemption price, and no interest shall accrue thereon from and after the redemption date specified in such notice. All 2017 Refunding Bonds redeemed pursuant to this Section 2.03 shall be canceled and shall be destroyed by the Paying Agent. Section 2.04. Form of 2017 Refunding Bonds. The 2017 Refunding Bonds, the form of the Paying Agent’s certificate of authentication and registration and the form of assignment to appear thereon shall be substantially in the forms, respectively, with necessary or appropriate variations, omissions and insertions, as permitted or required by this Resolution, as are set forth in Exhibit A attached hereto. Section 2.05. Execution of 2017 Refunding Bonds. The 2017 Refunding Bonds shall be executed on behalf of the District by the facsimile signatures of the President of its Board of Trustees and its Clerk who are in office on the date of adoption of this Resolution or at any time thereafter. If any officer whose signature appears on any 2017 Refunding Bond ceases to be such officer before delivery of the 2017 Refunding Bonds to the purchaser, such signature shall nevertheless be as effective as if the officer had remained in office until the delivery of the 2017 Refunding Bonds to the purchaser. Any 2017 Refunding Bond may be signed and attested on behalf of the District by such persons as at the actual date of the execution of such 2017 -9- Refunding Bond shall be the proper officers of the District although at the nominal date of such 2017 Refunding Bond any such person shall not have been such officer of the District. Only such 2017 Refunding Bonds as shall bear thereon a certificate of authentication and registration in the form set forth in Exhibit A attached hereto, executed and dated by the Paying Agent, shall be valid or obligatory for any purpose or entitled to the benefits of this Resolution, and such certificate of the Paying Agent shall be conclusive evidence that the 2017 Refunding Bonds so registered have been duly authenticated, registered and delivered hereunder and are entitled to the benefits of this Resolution. Section 2.06. Transfer of 2017 Refunding Bonds. Any 2017 Refunding Bond may, in accordance with its terms, be transferred, upon the books required to be kept pursuant to the provisions of Section 2.08 hereof, by the person in whose name it is registered, in person or by his duly authorized attorney, upon surrender of such 2017 Refunding Bond for cancellation at the Principal Office, accompanied by delivery of a written instrument of transfer in a form approved by the Paying Agent, duly executed. The Paying Agent shall require the payment by the Owner requesting such transfer of any tax or other governmental charge required to be paid with respect to such transfer. Whenever any 2017 Refunding Bond or Bonds shall be surrendered for transfer, the District shall execute and the Paying Agent shall authenticate and deliver a new 2017 Refunding Bond or Bonds, for like aggregate principal amount. No transfers of 2017 Refunding Bonds shall be required to be made (a) fifteen days prior to the date established by the Paying Agent for selection of 2017 Refunding Bonds for redemption or (b) with respect to a 2017 Refunding Bond after such 2017 Refunding Bond has been selected for redemption. Section 2.07. Exchange of 2017 Refunding Bonds. 2017 Refunding Bonds may be exchanged at the Principal Office for a like aggregate principal amount of 2017 Refunding Bonds of authorized denominations and of the same maturity. The Paying Agent shall require the payment by the Owner requesting such exchange of any tax or other governmental charge required to be paid with respect to such exchange. No exchanges of 2017 Refunding Bonds shall be required to be made (a) fifteen days prior to the date established by the Paying Agent for selection of 2017 Refunding Bonds for redemption or (b) with respect to a 2017 Refunding Bond after such 2017 Refunding Bond has been selected for redemption. Section 2.08. Bond Register. The Paying Agent shall keep or cause to be kept sufficient books for the registration and transfer of the 2017 Refunding Bonds, which shall at all times be open to inspection by the District upon reasonable notice; and, upon presentation for such purpose, the Paying Agent shall, under such reasonable regulations as it may prescribe, register or transfer or cause to be registered or transferred, on said books, 2017 Refunding Bonds as herein before provided. Section 2.09. Temporary 2017 Refunding Bonds. The 2017 Refunding Bonds may be initially issued in temporary form exchangeable for definitive 2017 Refunding Bonds when ready for delivery. The temporary 2017 Refunding Bonds may be printed, lithographed or typewritten, shall be of such denominations as may be determined by the District, and may contain such reference to any of the provisions of this Resolution as may be appropriate. Every temporary 2017 Refunding Bond shall be executed by the District upon the same conditions and in substantially the same manner as the definitive 2017 Refunding Bonds. If the District issues -10- temporary 2017 Refunding Bonds it will execute and furnish definitive 2017 Refunding Bonds without delay, and thereupon the temporary 2017 Refunding Bonds may be surrendered, for cancellation, in exchange therefor at the Principal Office and the Paying Agent shall deliver in exchange for such temporary 2017 Refunding Bonds an equal aggregate principal amount of definitive 2017 Refunding Bonds of authorized denominations. Until so exchanged, the temporary 2017 Refunding Bonds shall be entitled to the same benefits pursuant to this Resolution as definitive 2017 Refunding Bonds executed and delivered hereunder. Section 2.10. 2017 Refunding Bonds Mutilated, Lost, Destroyed or Stolen. If any 2017 Refunding Bond shall become mutilated the District, at the expense of the Owner of said 2017 Refunding Bond, shall execute, and the Paying Agent shall thereupon authenticate and deliver, a new 2017 Refunding Bond of like maturity and principal amount in exchange and substitution for the 2017 Refunding Bond so mutilated, but only upon surrender to the Paying Agent of the 2017 Refunding Bond so mutilated. Every mutilated 2017 Refunding Bond so surrendered to the Paying Agent shall be canceled by it and delivered to, or upon the order of, the District. If any 2017 Refunding Bond shall be lost, destroyed or stolen, evidence of such loss, destruction or theft may be submitted to the District and, if such evidence be satisfactory to the District and indemnity satisfactory to it shall be given, the District, at the expense of the Owner, shall execute, and the Paying Agent shall thereupon authenticate and deliver, a new 2017 Refunding Bond of like maturity and principal amount in lieu of and in substitution for the 2017 Refunding Bond so lost, destroyed or stolen. The District may require payment of a sum not exceeding the actual cost of preparing each new 2017 Refunding Bond issued under this Section and of the expenses which may be incurred by the District and the Paying Agent in the premises. Any 2017 Refunding Bond issued under the provisions of this Section 2.10 in lieu of any 2017 Refunding Bond alleged to be lost, destroyed or stolen shall constitute an original additional contractual obligation on the part of the District whether or not the 2017 Refunding Bond so alleged to be lost, destroyed or stolen be at any time enforceable by anyone, and shall be equally and proportionately entitled to the benefits of this Resolution with all other 2017 Refunding Bonds issued pursuant to this Resolution. Section 2.11. Book Entry System. Except as provided below, the owner of all of the 2017 Refunding Bonds shall be The Depository Trust Company, New York, New York (“DTC”), and the 2017 Refunding Bonds shall be registered in the name of Cede & Co., as nominee for DTC. The 2017 Refunding Bonds shall be initially executed and delivered in the form of a single fully registered 2017 Refunding Bond for each maturity date of the 2017 Refunding Bonds in the full aggregate principal amount of the 2017 Refunding Bonds maturing on such date. The Paying Agent and the District may treat DTC (or its nominee) as the sole and exclusive owner of the 2017 Refunding Bonds registered in its name for all purposes of this Resolution, and neither the Paying Agent nor the District shall be affected by any notice to the contrary. The Paying Agent and the District shall not have any responsibility or obligation to any participant of DTC (a “Participant”), any person claiming a beneficial ownership interest in the 2017 Refunding Bonds under or through DTC or a Participant, or any other person which is not shown on the register of the District as being an owner, with respect to the accuracy of any records maintained by DTC or any Participant or the payment by DTC or any Participant by DTC or any Participant of any amount in respect of the principal or interest with respect to the 2017 Refunding Bonds. The Paying Agent shall cause to be paid all principal and interest with respect to the 2017 Refunding Bonds received from the District only to DTC, and all such payments shall be valid and effective to fully satisfy and discharge the District’s obligations with respect to the principal and interest with respect to the 2017 Refunding Bonds to the extent of the sum or sums so paid. Except under the conditions noted below, no person other than DTC shall receive a 2017 Refunding Bond. Upon delivery by DTC to the District of written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., the term “Cede & Co.” in this Resolution shall refer to such new nominee of DTC. -11- If the District determines that it is in the best interest of the beneficial owners that they be able to obtain 2017 Refunding Bonds and delivers a written certificate to DTC to that effect, DTC shall notify the Participants of the availability through DTC of 2017 Refunding Bonds. In such event, the District shall issue, transfer and exchange 2017 Refunding Bonds as requested by DTC and any other owners in appropriate amounts. DTC may determine to discontinue providing its services with respect to the 2017 Refunding Bonds at any time by giving notice to the District and discharging its responsibilities with respect thereto under applicable law. Under such circumstances (if there is no successor securities depository), the District shall be obligated to deliver 2017 Refunding Bonds as described in this Resolution. Whenever DTC requests the District to do so, the District will cooperate with DTC in taking appropriate action after reasonable notice to (a) make available one or more separate 2017 Refunding Bonds evidencing the 2017 Refunding Bonds to any DTC Participant having 2017 Refunding Bonds credited to its DTC account or (b) arrange for another securities depository to maintain custody of certificates evidencing the 2017 Refunding Bonds. Notwithstanding any other provision of this Resolution to the contrary, so long as any 2017 Refunding Bond is registered in the name of Cede & Co., as nominee of DTC, all payments with respect to the principal and interest with respect to such 2017 Refunding Bond and all notices with respect to such 2017 Refunding Bond shall be made and given, respectively, to DTC as provided as in the representation letter delivered by the District to DTC. -12- ARTICLE III ISSUE OF 2017 REFUNDING BONDS; APPLICATION OF 2017 REFUNDING BOND PROCEEDS; SECURITY FOR THE 2017 REFUNDING BONDS Section 3.01. Issuance, Award and Delivery of 2017 Refunding Bonds. At any time after the execution of this Resolution the District may issue and deliver 2017 Refunding Bonds in any principal amount, subject to the savings requirements set forth in Section 4.01 and the Act. The District Representatives shall be, and are hereby, directed to cause the 2017 Refunding Bonds to be printed, signed and delivered to the Underwriter on receipt of the purchase price therefor and upon performance of the conditions contained in the Bond Purchase Agreement. The Paying Agent is hereby authorized to deliver the 2017 Refunding Bonds to the Underwriter, upon receipt of a Written Request of the District. Section 3.02. Funds and Accounts. (a) Interest and Sinking Fund. The fund, known as the “Pittsburg Unified School District, General Obligation Bonds Interest and Sinking Fund” (the “Interest and Sinking Fund”), previously established and maintained by the Treasurer-Tax Collector for the District is hereby continued for the 2017 Refunding Bonds. Moneys deposited therein shall be used only for payment of principal and interest on all general obligation bonds of the District. If, after payment in full of all of the District’s general obligation bonds, there remain excess proceeds, any such excess amounts shall be transferred to the general fund of the District. Notwithstanding the foregoing provisions of this Section 3.02(a), any excess proceeds of the 2017 Refunding Bonds not needed for the authorized purposes set forth herein for which the 2017 Refunding Bonds are being issued shall be applied solely in a manner which is consistent with the requirements of applicable state and federal tax law, including but not limited to the requirements of federal tax law (if any) relating to the yield at which such proceeds are permitted to be invested. The interest earned on the moneys deposited to the Interest and Sinking Fund shall be retained in the Interest and Sinking Fund and used for the purposes thereof. By receipt of a copy of this resolution, the Treasurer-Tax Collector is hereby requested to continue and maintain the Interest and Sinking Fund. (b) Costs of Issuance Fund. A fund, to be known as the “Pittsburg Unified School District, 2017 General Obligation Refunding Bonds Costs of Issuance Fund” (the “Costs of Issuance Fund”), is hereby created and established with the Paying Agent, acting as costs of issuance custodian (the “Custodian”) for the 2017 Refunding Bonds. Moneys deposited therein shall be used solely for the payment of Costs of Issuance of the 2017 Refunding Bonds, as provided in the Paying Agent Agreement. (c) Investment of Moneys in the Interest and Sinking Fund. Moneys held in the Interest and Sinking Fund shall be invested at the Treasurer-Tax Collector’s discretion, unless otherwise directed in writing by the District, pursuant to law and the investment policy of the County. Section 3.03. Application of Proceeds of Sale of 2017 Refunding Bonds. On the Closing Date, the proceeds of sale of the 2017 Refunding Bonds shall be paid by the Underwriter as follows: -13- (a) to the Custodian, an amount equal to the amounts required for the payment of Costs of Issuance, for deposit in the Costs of Issuance Fund; (b) to the Paying Agent, as paying agent for the 2004C Bonds, the amount required for the redemption on the Closing date of the Refunded 2004C Bonds; (c) to the Paying Agent, as paying agent for the 2006A Bonds, the amount required for the redemption on the Closing date of the Refunded 2006A Bonds; and (d) to the Escrow Bank, the amount required for the defeasance of the 2006B Bonds. Section 3.04. Security for the 2017 Refunding Bonds. There shall be levied by the County on all the taxable property in the District, in addition to all other taxes, a continuing direct and ad valorem tax annually during the period the 2017 Refunding Bonds are outstanding in an amount sufficient to pay the principal of and interest on the 2017 Refunding Bonds when due, which moneys when collected will be placed in the Interest and Sinking Fund of the District, which fund is irrevocably pledged for the payment of the principal of and interest on the 2017 Refunding Bonds when and as the same fall due (the “Pledged Revenues”). It is the intention of the District that (i) for purposes of 11 U.S.C. §902(2)(E), the Pledged Revenues constitute “taxes specifically levied to finance one or more projects or systems” of the District and are not “general property, sales or income taxes . . . levied to finance the general purposes of” the District, and (ii) the pledge of the Pledged Revenues constitutes a pledge of “special revenues” for purposes of 11 U.S.C. §§901 et seq., and that a petition filed by the District under 11 U.S.C. §§901 et seq., will not operate as a stay under 11 U.S.C. §362 of the application of such Pledged Revenues to payment when due of principal of and interest on the 2017 Refunding Bonds. The District will not take any action inconsistent with its agreement and statement of intention hereunder and will not deny that the pledge of the Pledged Revenues constitutes a pledge of special revenues for purposes of 11 U.S.C. §§901 et seq. The moneys in the Interest and Sinking Fund, to the extent necessary to pay the principal of and interest on the 2017 Refunding Bonds as the same become due and payable, shall be transferred by the County to the Paying Agent, as paying agent for the 2017 Refunding Bonds, as necessary to pay the principal of and interest on the 2017 Refunding Bonds. The property taxes and amounts held in the Interest and Sinking Fund of the District shall immediately be subject to this pledge, and the pledge shall constitute a lien and security interest which shall be effective, binding, and enforceable against the District, its successors, creditors and all others irrespective of whether those parties have notice of the pledge and without the need of any physical delivery, recordation, filing, or further act. The pledge is an agreement between the District and the Owners of the 2017 Refunding Bonds in addition to the statutory lien that exists (as described below), and the 2017 Refunding Bonds were issued to refinance one or more capital projects authorized by the voters of the District and not to finance the general purposes of the District. Additionally, in accordance with section 53515(a) of the Government Code, the 2017 Refunding Bonds shall be secured by a statutory lien on all revenues received pursuant to the levy and collection of the tax for the payment of bonds authorized by the voters of the District. The lien shall automatically attach without further action or authorization by the District or the County. The lien shall be valid and binding from the time the 2017 Refunding Bonds are executed and delivered. The revenues received pursuant to the levy and collection of the tax shall be immediately subject to the lien, and the lien shall automatically attach to the revenues and be effective, binding, and enforceable against the District, its successors, transferees, and creditors, and all others asserting rights therein, irrespective of whether those parties have -14- notice of the lien and without the need for any physical delivery, recordation, filing, or further act. -15- ARTICLE IV SALE OF BONDS; APPROVAL OF PAYING AGENT AGREEMENT; APPROVAL OF OFFICIAL STATEMENT Section 4.01. Sale of the 2017 Refunding Bonds. The Board hereby authorizes the negotiated sale of the 2017 Refunding Bonds to the Underwriter. A Bond Purchase Agreement, in the form attached hereto as Exhibit B, together with any additions thereto or changes therein deemed necessary or advisable by a District Representative is hereby approved by the Board. Any District Representative is hereby authorized and directed to execute the Bond Purchase Agreement for and in the name and on behalf of the District; provided, however, that the Underwriter’s discount shall not exceed 0.5% of the aggregate principal amount of 2017 Refunding Bonds issued. The Board hereby authorizes the delivery and performance of the Bond Purchase Agreement. The present value savings to be realized by the District with respect to the Refunded 2004C Bonds, the Refunded 2006A Bonds and the Refunded 2006B Bonds, as a result of the issuance of the 2017 Refunding Bonds shall not be less than 4%. Section 4.02. Approval of Paying Agent Agreement. The Paying Agent Agreement, in the form attached hereto as Exhibit C, together with any additions thereto or changes therein deemed necessary or advisable by a District Representative, is hereby approved by the Board. Any District Representative is hereby authorized and directed to execute the Paying Agent Agreement for and in the name and on behalf of the District. The Board hereby authorizes the delivery and performance of the Paying Agent Agreement. Section 4.03. Approval of Escrow Agreement. The Escrow Agreement, in the form attached hereto as Exhibit D, together with any additions thereto or changes therein deemed necessary or advisable by a District Representative, is hereby approved by the Board. Any District Representative is hereby authorized and directed to execute the Escrow Agreement for and in the name and on behalf of the District. The Board hereby authorizes the delivery and performance of the Escrow Agreement. Section 4.04. Official Statement. The Board hereby approves a preliminary official statement describing the financing (the “Preliminary Official Statement”) in the form on file with the Clerk of the Board, together with any changes therein or additions thereto deemed advisable by a District Representative. The Board authorizes and directs the District Representatives, on behalf of the District, to deem “final” pursuant to Rule 15c2-12 under the Securities Exchange Act of 1934 (the “Rule”) the Preliminary Official Statement prior to its distribution to prospective purchasers of the 2017 Refunding Bonds. Any District Representative is authorized and directed to cause the Preliminary Official Statement to be brought into the form of a final official statement (the “Final Official Statement”) and to execute the Final Official Statement, dated as of the date of the sale of the 2017 Refunding Bonds, and a statement that the facts contained in the Preliminary Official Statement, and any supplement or amendment thereto (which shall be deemed an original part thereof for the purpose of such statement) were, at the time of its date, true and correct in all material respects and that the facts contained in the Final Official Statement, and any supplement or amendment thereto (which shall be deemed an original part thereof for the purpose of such statement) were, at the time of sale of the 2017 Refunding Bonds, true and correct in all material respects and that the Final Official Statement did not, on the date of sale of the 2017 Refunding Bonds, and does not, as of the date of delivery of the 2017 Refunding Bonds, contain any untrue statement of a material fact or omit to state material facts required to be stated where necessary to make any statement made therein not misleading in light of the -16- circumstances under which it was made. The District Representatives shall take such further actions prior to the signing of the Final Official Statement as are deemed necessary or appropriate to verify the accuracy thereof. The execution of the Final Official Statement, which shall include such changes and additions thereto deemed advisable by the District Representatives, and such information permitted to be excluded from the Preliminary Official Statement pursuant to the Rule, shall be conclusive evidence of the approval of the Final Official Statement by the District. The Final Official Statement, when prepared, is approved for distribution in connection with the offering and sale of the 2017 Refunding Bonds. Section 4.05. Official Action. All actions heretofore taken by the officers and agents of the District with respect to the sale and issuance of the 2017 Refunding Bonds are hereby approved, and the President of the Board of Trustees, the Superintendent, the Deputy Superintendent, Administrative Services, and any and all other officers of the District are hereby authorized and directed for and in the name and on behalf of the District, to do any and all things and take any and all actions relating to the execution and delivery of any and all certificates, requisitions, agreements and other documents, which they, or any of them, may deem necessary or advisable in order to consummate the lawful issuance and delivery of the 2017 Refunding Bonds in accordance with this Resolution. -17- ARTICLE V OTHER COVENANTS OF THE DISTRICT Section 5.01. Punctual Payment. The District will punctually pay, or cause to be paid, the principal of and interest on the 2017 Refunding Bonds, in strict conformity with the terms of the 2017 Refunding Bonds and of this Resolution, and it will faithfully observe and perform all of the conditions, covenants and requirements of this Resolution and of the 2017 Refunding Bonds. Nothing herein contained shall prevent the District from making advances of its own moneys, howsoever derived, to any of the uses or purposes permitted by law. Section 5.02. Extension of Time for Payment. In order to prevent any accumulation of claims for interest after maturity, the District will not, directly or indirectly, extend or consent to the extension of the time for the payment of any claim for interest on any of the 2017 Refunding Bonds and will not, directly or indirectly, approve any such arrangement by purchasing or funding said claims for interest or in any other manner. In case any such claim for interest shall be extended or funded, whether or not with the consent of the District, such claim for interest so extended or funded shall not be entitled, in case of default hereunder, to the benefits of this Resolution, except subject to the prior payment in full of the principal of all of the 2017 Refunding Bonds then Outstanding and of all claims for interest which shall not have so extended or funded. Section 5.03. Protection of Security and Rights of Bondowners. The District will preserve and protect the security of the 2017 Refunding Bonds and the rights of the Bondowners, and will warrant and defend their rights against all claims and demands of all persons. From and after the sale and delivery of any of the 2017 Refunding Bonds by the District, the 2017 Refunding Bonds shall be incontestable by the District. Section 5.04. Further Assurances. The District will adopt, make, execute and deliver any and all such further resolutions, instruments and assurances as may be reasonably necessary or proper to carry out the intention or to facilitate the performance of this Resolution, and for the better assuring and confirming unto the Owners of the 2017 Refunding Bonds of the rights and benefits provided in this Resolution. Section 5.05. Tax Covenants. (a) Private Activity Bond Limitation. The District shall assure that the proceeds of the 2017 Refunding Bonds are not so used as to cause the 2017 Refunding Bonds to satisfy the private business tests of section 141(b) of the Code or the private loan financing test of section 141(c) of the Code. (b) Federal Guarantee Prohibition. The District shall not take any action or permit or suffer any action to be taken if the result of the same would be to cause any of the 2017 Refunding Bonds to be “federally guaranteed” within the meaning of section 149(b) of the Code. (c) Rebate Requirement. The District shall take any and all actions necessary to assure compliance with section 148(f) of the Code, relating to the rebate of excess investment earnings, if any, to the federal government, to the extent that such section is applicable to the 2017 Refunding Bonds. (d) No Arbitrage. The District shall not take, or permit or suffer to be taken, any action with respect to the proceeds of the 2017 Refunding Bonds which, if such action had been -18- reasonably expected to have been taken, or had been deliberately and intentionally taken, on the date of issuance of the 2017 Refunding Bonds would have caused the 2017 Refunding Bonds to be “arbitrage bonds” within the meaning of section 148 of the Code. (e) Maintenance of Tax-Exemption. The District shall take all actions necessary to assure the exclusion of interest on the 2017 Refunding Bonds from the gross income of the Owners of the 2017 Refunding Bonds to the same extent as such interest is permitted to be excluded from gross income under the Code as in effect on the date of issuance of the 2017 Refunding Bonds. Section 5.06. Acquisition, Disposition and Valuation of Investments. (a) Except as otherwise provided in subsection (b) of this Section 5.06, the District covenants that all investments of amounts deposited in any fund or account created by or pursuant to this Resolution, or otherwise containing gross proceeds of the 2017 Refunding Bonds (within the meaning of section 148 of the Code) shall be acquired, disposed of, and valued (as of the date that valuation is required by this Resolution or the Code) at Fair Market Value. (b) Investments in funds or accounts (or portions thereof) that are subject to a yield restriction under applicable provisions of the Code shall be valued at their present value (within the meaning of section 148 of the Code). Section 5.07. Continuing Disclosure. The District hereby covenants and agrees that it will comply with and carry out all of the provisions of the Continuing Disclosure Certificate, substantially in the form attached hereto as Exhibit E. Notwithstanding any other provision of this Resolution, failure of the District to comply with the Continuing Disclosure Certificate shall not be considered an Event of Default; however, any holder or beneficial owner of the 2017 Refunding Bonds may take such actions as may be necessary and appropriate to compel performance, including seeking mandate of specific performance by court order. -19- ARTICLE VI THE PAYING AGENT Section 6.01. Appointment of Paying Agent. The Bank of New York Mellon Trust Company, N.A. is hereby appointed Paying Agent for the 2017 Refunding Bonds. The Paying Agent undertakes to perform such duties, and only such duties, as are specifically set forth in this Resolution, and, even during the continuance of an Event of Default, no implied covenants or obligations shall be read into this Resolution against the Paying Agent. The Paying Agent shall signify its acceptance of the duties and obligations imposed upon it by this Resolution by executing and delivering to the District a certificate to that effect. The District may remove the Paying Agent initially appointed, and any successor thereto, and may appoint a successor or successors thereto, but any such successor shall be a bank or trust company doing business in the State of California, having a combined capital (exclusive of borrowed capital) and surplus of at least fifty million dollars ($50,000,000), and subject to supervision or examination by federal or state authority. If such bank or trust company publishes a report of condition at least annually, pursuant to law or to the requirements of any supervising or examining authority above referred to, then for the purposes of this Section 6.01 the combined capital and surplus of such bank or trust company shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. The Paying Agent may at any time resign by giving written notice to the District and the Bondowners of such resignation. Upon receiving notice of such resignation, the District shall promptly appoint a successor Paying Agent by an instrument in writing. Any resignation or removal of the Paying Agent and appointment of a successor Paying Agent shall become effective upon acceptance of appointment by the successor Paying Agent. Section 6.02. Paying Agent May Hold 2017 Refunding Bonds. The Paying Agent may become the owner of any of the 2017 Refunding Bonds in its own or any other capacity with the same rights it would have if it were not Paying Agent. Section 6.03. Liability of Agents. The recitals of facts, covenants and agreements herein and in the 2017 Refunding Bonds contained shall be taken as statements, covenants and agreements of the District, and the Paying Agent assumes no responsibility for the correctness of the same, nor makes any representations as to the validity or sufficiency of this Resolution or of the 2017 Refunding Bonds, nor shall incur any responsibility in respect thereof, other than as set forth in this Resolution. The Paying Agent shall not be liable in connection with the performance of its duties hereunder, except for its own negligence or willful default. In the absence of bad faith, the Paying Agent may conclusively rely, as to the truth of the statements and the correctness of the opinions expressed therein, upon certificates or opinions furnished to the Paying Agent and conforming to the requirements of this Resolution; but in the case of any such certificates or opinions by which any provision hereof are specifically required to be furnished to the Paying Agent, the Paying Agent shall be under a duty to examine the same to determine whether or not they conform to the requirements of this Resolution. The Paying Agent shall not be liable for any error of judgment made in good faith by a responsible officer unless it shall be proved that the Paying Agent was negligent in ascertaining the pertinent facts. -20- No provision of this Resolution shall require the Paying Agent to expend or risk its own funds or otherwise incur any financial liability in the performance of any of its duties hereunder, or in the exercise of any of its rights or powers, if it shall have reasonable grounds for believing that repayment of such funds or adequate indemnity against such risk or liability is not reasonably assured to it. The Paying Agent may execute any of the powers hereunder or perform any duties hereunder either directly or by or through agents or attorneys and the Paying Agent shall not be responsible for any misconduct or negligence on the part of any agent or attorney appointed with due care by it hereunder. Section 6.04. Notice to Agents. The Paying Agent may rely and shall be protected in acting or refraining from acting upon any notice, resolution, request, consent, order, certificate, report, warrant, bond or other paper or document believed by it to be genuine and to have been signed or presented by the proper party or proper parties. The Paying Agent may consult with counsel, who may be of counsel to the District, with regard to legal questions, and the opinion of such counsel shall be full and complete authorization and protection in respect of any action taken or suffered by it hereunder in good faith and in accordance therewith. Whenever in the administration of its duties under this Resolution the Paying Agent shall deem it necessary or desirable that a matter be proved or established prior to taking or suffering any action hereunder, such matter (unless other evidence in respect thereof be herein specifically prescribed) may, in the absence of bad faith on the part of the Paying Agent, be deemed to be conclusively proved and established by a certificate of the District, and such certificate shall be full warrant to the Paying Agent for any action taken or suffered under the provisions of this Resolution upon the faith thereof, but in its discretion the Paying Agent may, in lieu thereof, accept other evidence of such matter or may require such additional evidence as to it may seem reasonable. Section 6.05. Compensation, Indemnification. (a) The District shall pay to the Paying Agent from time to time reasonable compensation for all services rendered under this Resolution, and also all reasonable expenses, charges, counsel fees and other disbursements, including those of their attorneys, agents and employees, incurred in and about the performance of their powers and duties under this Resolution. Any District Representative is hereby authorized to execute an agreement or agreements with the Paying Agent in connection with such fees and expenses. The District further agrees to indemnify and save the Paying Agent harmless against any liabilities which it may incur in the exercise and performance of its powers and duties hereunder which are not due to its negligence or bad faith. (b) The District shall indemnify and hold harmless, to the extent permitted by law, the County and its officers and employees (“Indemnified Parties”), against any and all losses, claims, damages or liabilities, joint or several, to which such Indemnified Parties may become subject related to the proceedings for sale, award, issuance and delivery of the 2017 Refunding Bonds in accordance therewith and herewith. The District shall also reimburse any such Indemnified Parties for any legal or other expenses incurred in connection with investigating or defending any such claims or actions. -21- ARTICLE VII EVENTS OF DEFAULT AND REMEDIES OF BONDOWNERS Section 7.01. Events of Default. The following events (“Events of Default”) shall be events of default hereunder: (a) if default shall be made in the due and punctual payment of the principal of on any 2017 Refunding Bond when and as the same shall become due and payable, whether at maturity as therein expressed, by declaration or otherwise; (b) if default shall be made in the due and punctual payment of any installment of interest on any 2017 Refunding Bond when and as such interest installment shall become due and payable; (c) if default shall be made by the District in the observance of any of the covenants, agreements or conditions on its part in this Resolution or in the 2017 Refunding Bonds contained, and such default shall have continued for a period of thirty (30) days after written notice thereof to the District; or (d) if the District shall file a petition seeking reorganization or arrangement under the federal bankruptcy laws or any other applicable law of the United States of America, or if a court of competent jurisdiction shall approve a petition, seeking reorganization of the District under the federal bankruptcy laws or any other applicable law of the United States of America, or if, under the provisions of any other law for the relief or aid of debtors, any court of competent jurisdiction shall assume custody or control of the District or of the whole or any substantial part of its property. Section 7.02. Remedies of Bondowners. Any Bondowner shall have the right, for the equal benefit and protection of all Bondowners similarly situated: (a) by mandamus, suit, action or proceeding, to compel the District and its members, officers, agents or employees to perform each and every term, provision and covenant contained in this Resolution and in the 2017 Refunding Bonds, and to require the carrying out of any or all such covenants and agreements of the District and the fulfillment of all duties imposed upon it; (b) by suit, action or proceeding in equity, to enjoin any acts or things which are unlawful, or the violation of any of the Bondowners’ rights; or (c) upon the happening of any Event of Default, by suit, action or proceeding in any court of competent jurisdiction, to require the District and its members and employees to account as if it and they were the trustees of an express trust. Section 7.03. Non-Waiver. Nothing in this Article VII or in any other provision of this Resolution, or in the 2017 Refunding Bonds, shall affect or impair the obligation of the District, which is absolute and unconditional, to pay the principal of and interest on the 2017 Refunding Bonds to the respective Owners of the 2017 Refunding Bonds at the respective dates of maturity, as herein provided, or affect or impair the right of action, which is also absolute and unconditional, of such Owners to institute suit to enforce such payment by virtue of the contract embodied in the 2017 Refunding Bonds. -22- A waiver of any default by any Bondowner shall not affect any subsequent default or impair any rights or remedies on the subsequent default. No delay or omission of any Owner of any of the 2017 Refunding Bonds to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver of any such default or an acquiescence therein, and every power and remedy conferred upon the Bondowners by this Article VI may be enforced and exercised from time to time and as often as shall be deemed expedient by the Owners of the 2017 Refunding Bonds. If a suit, action or proceeding to enforce any right or exercise any remedy be abandoned or determined adversely to the Bondowners, the District and the Bondowners shall be restored to their former positions, rights and remedies as if such suit, action or proceeding had not been brought or taken. Section 7.04. Remedies Not Exclusive. No remedy herein conferred upon the Owners of 2017 Refunding Bonds shall be exclusive of any other remedy and that each and every remedy shall be cumulative and shall be in addition to every other remedy given hereunder or thereafter conferred on the Bondowners. -23- ARTICLE VIII SUPPLEMENTAL RESOLUTIONS Section 8.01. Supplemental Resolutions Effective Without Consent of the Owners. For any one or more of the following purposes and at any time or from time to time, a Supplemental Resolution of the District may be adopted, which, without the requirement of consent of the Owners of the 2017 Refunding Bonds, shall be fully effective in accordance with its terms: (a) to add to the covenants and agreements of the District in this Resolution, other covenants and agreements to be observed by the District which are not contrary to or inconsistent with this Resolution as theretofore in effect; (b) to add to the limitations and restrictions in this Resolution, other limitations and restrictions to be observed by the District which are not contrary to or inconsistent with this Resolution as theretofore in effect; (c) to confirm, as further assurance, any pledge under, and the subjection to any lien or pledge created or to be created by, this Resolution, of any moneys, securities or funds, or to establish any additional funds or accounts to be held under this Resolution; (d) to cure any ambiguity, supply and omission, or cure or correct any defect or inconsistent provision in this Resolution; or (e) to make such additions, deletions or modifications as may be necessary or desirable to assure exemption from federal income taxation of interest on the 2017 Refunding Bonds. Section 8.02. Supplemental Resolutions Effective With Consent to the Owners. Any modification or amendment of this Resolution and of the rights and obligations of the District and of the Owners of the 2017 Refunding Bonds, in any particular, may be made by a Supplemental Resolution, with the written consent of the Owners of at least two-thirds in aggregate principal amount of the 2017 Refunding Bonds Outstanding at the time such consent is given. No such modification or amendment shall permit a change in the terms of maturity of the principal of any Outstanding 2017 Refunding Bonds or of any interest payable thereon or a reduction in the principal amount thereof or in the rate of interest thereon, or shall reduce the percentage of 2017 Refunding Bonds the consent of the Owners of which is required to effect any such modification or amendment, or shall change any of the provisions in Section 7.01 hereof relating to Events of Default, or shall reduce the amount of moneys pledged for the repayment of the 2017 Refunding Bonds without the consent of all the Owners of such 2017 Refunding Bonds, or shall change or modify any of the rights or obligations of any Paying Agent without its written assent thereto. -24- ARTICLE IX MISCELLANEOUS Section 9.01. Benefits of Resolution Limited to Parties. Nothing in this Resolution, expressed or implied, is intended to give to any person other than the District, the Paying Agent and the Owners of the 2017 Refunding Bonds, any right, remedy, claim under or by reason of this Resolution. Any covenants, stipulations, promises or agreements in this Resolution contained by and on behalf of the District shall be for the sole and exclusive benefit of the Owners of the 2017 Refunding Bonds. Section 9.02. Defeasance. (a) Discharge of Resolution. 2017 Refunding Bonds may be paid by the District in any of the following ways, provided that the District also pays or causes to be paid any other sums payable hereunder by the District: (i) by paying or causing to be paid the principal or redemption price of and interest on 2017 Refunding Bonds Outstanding, as and when the same become due and payable; (ii) by depositing, in trust with an escrow holder, at or before maturity, money or securities in the necessary amount (as provided in Section 9.02(c) to pay or redeem 2017 Refunding Bonds Outstanding; or (iii) by delivering to the Paying Agent, for cancellation by it, 2017 Refunding Bonds Outstanding. If the District shall pay all 2017 Refunding Bonds Outstanding, and shall pay or cause to be paid all other sums payable hereunder by the District, then and in that case, at the election of the District (evidenced by a certificate of a District Representative, filed with the Paying Agent, signifying the intention of the District to discharge all such indebtedness and this Resolution), and notwithstanding that any 2017 Refunding Bonds shall not have been surrendered for payment, this Resolution and all covenants, agreements and other obligations of the District under this Resolution shall cease, terminate, become void and be completely discharged and satisfied, except only as provided in Section 9.02(b). In such event, upon request of the District, the Paying Agent shall cause an accounting for such period or periods as may be requested by the District to be prepared and filed with the District and shall execute and deliver to the District all such instruments as may be necessary to evidence such discharge and satisfaction, and the Paying Agent shall pay over, transfer, assign or deliver to the District all moneys or securities or other property held by it pursuant to this Resolution which are not required for the payment or redemption of 2017 Refunding Bonds not theretofore surrendered for such payment or redemption. (b) Discharge of Liability on 2017 Refunding Bonds. Upon the deposit, in trust, at or before maturity, of money or securities in the necessary amount (as provided in Section 9.02(c) to pay or redeem any Outstanding 2017 Refunding Bond (whether upon or prior to its maturity or the redemption date of such 2017 Refunding Bond), provided that, if such 2017 Refunding Bond is to be redeemed prior to maturity, notice of such redemption shall have been given as in Section 2.03 provided or provision satisfactory to the Paying Agent shall have been made for the giving of such notice, then all liability of the District in respect of such 2017 Refunding Bond shall cease and be completely discharged, except only that thereafter the Owner thereof shall be entitled -25- only to payment of the principal of and interest on such 2017 Refunding Bond by the District, and the District shall remain liable for such payment, but only out of such money or securities deposited in trust with an escrow holder as aforesaid for such payment, provided further, however, that the provisions of Section 9.02(d) shall apply in all events. The District may at any time surrender to the Paying Agent for cancellation by it any 2017 Refunding Bonds previously issued and delivered, which the District may have acquired in any manner whatsoever, and such 2017 Refunding Bonds, upon such surrender and cancellation, shall be deemed to be paid and retired. (c) Deposit of Money or Securities with Paying Agent. Whenever in this Resolution it is provided or permitted that there be deposited with or held in trust with an escrow holder money or securities in the necessary amount to pay or redeem any 2017 Refunding Bonds, the money or securities so to be deposited or held may include money or securities held by the Paying Agent in the funds and accounts established pursuant to this Resolution and shall be: (i) lawful money of the United States of America in an amount equal to the principal amount of such 2017 Refunding Bonds and all unpaid interest thereon to maturity, except that, in the case of 2017 Refunding Bonds which are to be redeemed prior to maturity and in respect of which notice of such redemption shall have been given as in Section 2.03 provided or provision satisfactory to the Paying Agent shall have been made for the giving of such notice, the amount to be deposited or held shall be the principal amount or redemption price of such 2017 Refunding Bonds and all unpaid interest thereon to the redemption date; or (ii) Federal Securities (not callable by the issuer thereof prior to maturity) the principal of and interest on which when due, in the opinion of a certified public accountant delivered to the District, will provide money sufficient to pay the principal or redemption price of and all unpaid interest to maturity, or to the redemption date, as the case may be, on the 2017 Refunding Bonds to be paid or redeemed, as such principal or redemption price and interest become due, provided that, in the case of 2017 Refunding Bonds which are to be redeemed prior to the maturity thereof, notice of such redemption shall have been given as in Section 2.03 provided or provision satisfactory to the Paying Agent shall have been made for the giving of such notice; provided, in each case, that the Paying Agent shall have been irrevocably instructed (by the terms of this Resolution or by request of the District) to apply such money to the payment of such principal or redemption price and interest with respect to such 2017 Refunding Bonds. (d) Payment of 2017 Refunding Bonds After Discharge of Resolution. Notwithstanding any provisions of this Resolution, any moneys held in trust with an escrow holder for the payment of the principal or redemption price of, or interest on, any 2017 Refunding Bonds and remaining unclaimed for one year after the principal of all of the 2017 Refunding Bonds has become due and payable (whether at maturity or upon call for redemption or by acceleration as provided in this Resolution), if such moneys were so held at such date, or one year after the date of deposit of such moneys if deposited after said date when all of the 2017 Refunding Bonds became due and payable, shall, upon request of the District, be repaid to the District free from the trusts created by this Resolution, and all liability of the escrow holder with respect to such moneys shall thereupon cease; provided, however, that before the repayment of such moneys to the District as aforesaid, the Paying Agent may (at the cost of the District) first mail to the Owners of all 2017 Refunding Bonds which have not been paid at the addresses shown on the registration books maintained by the Paying Agent a notice in such form as may be deemed appropriate by the Paying Agent, with respect to the 2017 Refunding Bonds so payable and not -26- presented and with respect to the provisions relating to the repayment to the District of the moneys held for the payment thereof. Section 9.03. Execution of Documents and Proof of Ownership by Bondowners. Any request, declaration or other instrument which this Resolution may require or permit to be executed by Bondowners may be in one or more instruments of similar tenor, and shall be executed by Bondowners in person or by their attorneys appointed in writing. Except as otherwise herein expressly provided, the fact and date of the execution by any Bondowner or his attorney of such request, declaration or other instrument, or of such writing appointing such attorney, may be proved by the certificate of any notary public or other officer authorized to take acknowledgments of deeds to be recorded in the state in which he purports to act, that the person signing such request, declaration or other instrument or writing acknowledged to him the execution thereof, or by an affidavit of a witness of such execution, duly sworn to before such notary public or other officer. Except as otherwise herein expressly provided, the ownership of registered 2017 Refunding Bonds and the amount, maturity, number and date of holding the same shall be proved by the registry books. Any request, declaration or other instrument or writing of the Owner of any 2017 Refunding Bond shall bind all future Owners of such 2017 Refunding Bond in respect of anything done or suffered to be done by the District or the Paying Agent in good faith and in accordance therewith. Section 9.04. Waiver of Personal Liability. No boardmember, officer, agent or employee of the District shall be individually or personally liable for the payment of the principal of or interest on the 2017 Refunding Bonds; but nothing herein contained shall relieve any such boardmember, officer, agent or employee from the performance of any official duty provided by law. Section 9.05. Destruction of Canceled 2017 Refunding Bonds. Whenever in this Resolution provision is made for the surrender to the District of any 2017 Refunding Bonds which have been paid or canceled pursuant to the provisions of this Resolution, a certificate of destruction duly executed by the Paying Agent shall be deemed to be the equivalent of the surrender of such canceled 2017 Refunding Bonds and the District shall be entitled to rely upon any statement of fact contained in any certificate with respect to the destruction of any such 2017 Refunding Bonds therein referred to. Section 9.06. Partial Invalidity. If any Section, paragraph, sentence, clause or phrase of this Resolution shall for any reason be held illegal or unenforceable, such holding shall not affect the validity of the remaining portions of this Resolution. The District hereby declares that it would have adopted this Resolution and each and every other Section, paragraph, sentence, clause or phrase hereof and authorized the issue of the 2017 Refunding Bonds pursuant thereto irrespective of the fact that any one or more Sections, paragraphs, sentences, clauses, or phrases of this Resolution may be held illegal, invalid or unenforceable. If, by reason of the judgment of any court, the District is rendered unable to perform its duties hereunder, all such duties and all of the rights and powers of the District hereunder shall be assumed by and vest in the District in trust for the benefit of the Bondowners. Section 9.07. Effective Date of Resolution. This Resolution shall take effect from and after the date of its passage and adoption. Exhibit A Page 1 EXHIBIT A FORM OF 2017 REFUNDING BOND United States of America State of California Contra Costa County PITTSBURG UNIFIED SCHOOL DISTRICT 2017 GENERAL OBLIGATION REFUNDING BONDS INTEREST RATE: MATURITY DATE: ISSUE DATE: CUSIP: _______% August 1, ____ August 2, 2017 ____ REGISTERED OWNER: CEDE & CO. PRINCIPAL SUM: ________________________________________ DOLLARS The PITTSBURG UNIFIED SCHOOL DISTRICT, a school district, duly organized and existing under and by virtue of the Constitution and laws of the State of California (the “District”), for value received hereby promises to pay to the Registered Owner stated above, or registered assigns (the “Owner”), on the Maturity Date stated above (subject to any right of prior redemption hereinafter provided for), the Principal Sum stated above, in lawful money of the United States of America, and to pay interest thereon in like lawful money from the interest payment date next preceding the date of authentication of this Bond (unless (i) this Bond is authenticated on an interest payment date, in which event it shall bear interest from such date of authentication, or (ii) this Bond is authenticated prior to an interest payment date and after the close of business on the fifteenth day of the month preceding such interest payment date, in which event it shall bear interest from such interest payment date, or (iii) this Bond is authenticated on or prior to July 15, 2017, in which event it shall bear interest from the Issue Date stated above; provided however, that if at the time of authentication of this Bond, interest is in default on this Bond, this Bond shall bear interest from the interest payment date to which interest has previously been paid or made available for payment on this Bond) until payment of such Principal Sum in full, at the rate per annum stated above, payable on February 1 and August 1 in each year, commencing August 1, 2017, calculated on the basis of 360-day year comprised of twelve 30-day months. Principal hereof is payable at the office of The Bank of New York Mellon Trust Company, N.A. (the “Paying Agent”), in San Francisco, California. Interest hereon (including the final interest payment upon maturity or earlier redemption) is payable by check or draft of the Paying Agent mailed by first-class mail to the Owner at the Owner’s address as it appears on the registration books maintained by the Paying Agent as of the close of business on the fifteenth day of the month next preceding such interest payment date (the “Record Date”), or at such other address as the Owner may have filed with the Paying Agent for that purpose; provided however, that payment of interest may be by wire transfer in immediately available funds to an account in the United States of America to any Owner of Bonds in the aggregate principal amount of $1,000,000 or more who shall furnish written wire instructions to the Paying Agent at least five (5) days before the applicable Record Date. This Bond is one of a duly authorized issue of Bonds of the District designated as “Pittsburg Unified School District (Contra Costa County, California) 2017 General Obligation Refunding Bonds” (the “Bonds”), in an aggregate principal amount of __________________ dollars ($________), all of like tenor and date (except for such variation, if any, as may be required to designate varying numbers, maturities, interest rates or redemption and other provisions) and all issued pursuant to the provisions of Articles 9 and 11 of Chapter 3 (commencing with section 53550) of Division 2 of Title 5 of the California Government Code (the “Act”), and pursuant to Resolution No. __ of the District adopted June 14, 2017 (the “Resolution”), authorizing the issuance of the Bonds. Reference is hereby made to the Resolution (copies of which are on file at the office of the Clerk of the Board of Trustees of the District) and the Act for a description of the terms on which the Bonds are issued and the rights thereunder of the owners of Exhibit A Page 2 the Bonds and the rights, duties and immunities of the Paying Agent and the rights and obligations of the District thereunder, to all of the provisions of which Resolution the Owner of this Bond, by acceptance hereof, assents and agrees. The Bonds are being issued to (a) refund, on a current basis, the District’s outstanding Pittsburg Unified School District (Contra Costa County, California) General Obligation Bonds, Election of 2004, Series C, (b) refund, on a current basis, the District’s outstanding Pittsburg Unified School District (Contra Costa County, California) General Obligation Bonds, Election of 2006, Series A, (c) refund, on an advance basis, the District’s outstanding Pittsburg Unified School District (Contra Costa County, California) General Obligation Bonds, Election of 2006, Series B, and (d) pay for costs of issuance of the Bonds. This Bond and the interest hereon and on all other Bonds and the interest thereon (to the extent set forth in the Resolution) are general obligations of the District and do not constitute an obligation of the County of Pittsburg. The District has the power and is obligated to cause the Contra Costa County Board of Supervisors to levy ad valorem taxes for the payment of the Bonds and the interest thereon upon all property within the District subject to taxation by the District. No part of any fund of the County is pledged or obligated to the payment of the Bonds. The Bonds maturing on or before August 1, 2026, are non-callable. The Bonds maturing on August 1, 2027, or any time thereafter, are callable for redemption prior to their stated maturity date at the option of the District, as a whole, or in part on any date on or after August 1, 2026 (in such maturities as are designated by the District, or, if the District fails to designate such maturities, on a proportional basis), and may be redeemed prior to the maturity thereof by payment of all principal, plus accrued interest to date of redemption, without premium. [If applicable:] The Bonds maturing on August 1, 20___ (the “Term Bonds”) are also subject to mandatory sinking fund redemption on August 1 in the years, and in the amounts, as set forth in the following table, at a redemption price equal to one hundred percent (100%) of the principal amount thereof to be redeemed (without premium), together with interest accrued thereon to the date fixed for redemption; provided, however, that if some but not all of the Term Bonds have been redeemed pursuant to the preceding paragraph, the aggregate principal amount of Term Bonds to be redeemed under this paragraph shall be reduced on a pro rata basis in integral multiples of $5,000, as shall be designated pursuant to written notice filed by the District with the Paying Agent: Sinking Fund Principal Redemption Date Amount to be (August 1) Redeemed †Maturity The Paying Agent shall give notice of the redemption of the Bonds at the expense of the District. Such notice shall specify: (a) that the Bonds or a designated portion thereof are to be redeemed, (b) the numbers and CUSIP numbers of the Bonds to be redeemed, (c) the date of notice and the date of redemption, (d) the place or places where the redemption will be made, and (e) descriptive information regarding the Bonds including the dated date, interest rate and stated maturity date. Such notice shall further state that on the specified date there shall become due and payable upon each Bond to be redeemed, the portion of the principal amount of such Bond to be redeemed, together with interest accrued to said date, and that from and after such date interest with respect thereto shall cease to accrue and be payable. If an Event of Default, as defined in the Resolution, shall occur, the principal of all Bonds may be declared due and payable upon the conditions, in the manner and with the effect provided in the Exhibit A Page 3 Resolution, but such declaration and its consequences may be rescinded and annulled as further provided in the Resolution. The Bonds are issuable as fully registered Bonds, without coupons, in denominations of $5,000 and any integral multiple thereof. Subject to the limitations and conditions and upon payment of the charges, if any, as provided in the Resolution. Bonds may be exchanged for a like aggregate principal amount of Bonds of other authorized denominations and of the same maturity. This Bond is transferable by the Owner hereof, in person or by his attorney duly authorized in writing, at said office of the Paying Agent in San Francisco, California, but only in the manner and subject to the limitations provided in the Resolution, and upon surrender and cancellation of this Bond. Upon registration of such transfer a new Bond or Bonds, of authorized denomination or denominations, for the same aggregate principal amount and of the same maturity will be issued to the transferee in exchange herefor. The District and the Paying Agent may treat the Owner hereof as the absolute owner hereof for all purposes, and the District and the Paying Agent shall not be affected by any notice to the contrary. The Resolution may be amended without the consent of the Owners of the Bonds to the extent set forth in the Resolution. It is hereby certified that all of the things, conditions and acts required to exist, to have happened or to have been performed precedent to and in the issuance of this Bond do exist, have happened or have been performed in due and regular time and manner as required by the laws of the State of California, and that the amount of this Bond, together with all other indebtedness of the District, does not exceed any limit prescribed by any laws of the State of California, and is not in excess of the amount of Bonds permitted to be issued under the Resolution. This Bond shall not be entitled to any benefit under the Resolution or become valid or obligatory for any purpose until the Certificate of Authentication hereon shall have been signed manually by the Paying Agent. Unless this certificate is presented by an authorized representative of The Depository Trust Company; a New York corporation (“DTC”), to the District or the Paying Agent for registration of transfer, exchange, or payment, and any certificate issued is registered in the name of Cede & Co. or in such other name as is requested by an authorized representative of DTC (and any payment is made to Cede & Co. or to such other entity as is requested by an authorized representative of DTC), ANY TRANSFER, PLEDGE, OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL inasmuch as the registered owner hereof, Cede & Co., has an interest herein. IN WITNESS WHEREOF, the Pittsburg Unified School District has caused this Bond to be executed in its name and on its behalf with the facsimile signatures of the President of its Board of Trustees and the Clerk of the Board of Trustees, all as of the Issue Date stated above. PITTSBURG UNIFIED SCHOOL DISTRICT By President of the Board of Trustees ATTEST: Clerk of the Board of Trustees Exhibit A Page 4 CERTIFICATE OF AUTHENTICATION This is one of the 2017 Refunding Bonds described in the within-mentioned Resolution. Authentication Date: THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., as Paying Agent By Authorized Signatory Exhibit A Page 5 ASSIGNMENT For value received, the undersigned do(es) hereby sell, assign and transfer unto (Name, Address and Tax Identification or Social Security Number of Assignee) the within 2017 Refunding Bond and do(es) hereby irrevocably constitute(s) and appoint(s) attorney, to transfer the same on the registration books of the Paying Agent with full power of substitution in the premises. Dated: _______________ Signature Guaranteed: ____________________________________ ____________________________________ Notice: Signature(s) must be guaranteed by a qualified guarantor institution. Notice: The signature on this assignment must correspond with the name(s) as written on the face of the within bond in every particular without alteration or enlargement or any change whatsoever.” Exhibit B Page 1 EXHIBIT B FORM OF BOND PURCHASE AGREEMENT $___________ PITTSBURG UNIFIED SCHOOL DISTRICT (Contra Costa County, California) 2017 General Obligation Refunding Bonds BOND PURCHASE AGREEMENT June 28, 2017 Pittsburg Unified School District 2000 Railroad Avenue Pittsburg, California 94565 Ladies and Gentlemen: Raymond James & Associates, Inc. (the “Underwriter”), offers to enter into this Bond Purchase Agreement (the “Bond Purchase Agreement”) with the Pittsburg Unified School District (the “District”) which, upon your acceptance hereof, will be binding upon the District and the Underwriter. This offer is made subject to the written acceptance of this Bond Purchase Agreement by the District and delivery of such acceptance to the Underwriter at or prior to 11:59 P.M., California time, on the date hereof. 1. Purchase and Sale of the 2017 Refunding Bonds. Upon the terms and conditions and in reliance upon the representations, warranties and agreements herein set forth, the Underwriter hereby agrees to purchase from the District for reoffering to the public, and the District hereby agrees to sell to the Underwriter for such purpose, all (but not less than all) of $___________.00 in aggregate principal amount of the District’s 2017 General Obligation Refunding Bonds (the “2017 Refunding Bonds”). The purchase price for the 2017 Refunding Bonds shall be $_________ (being equal to the aggregate principal amount of the 2017 Refunding Bonds ($___________.00), plus a net original issue premium of $_________, less an Underwriter’s discount of $__________). The District acknowledges and agrees that (i) the purchase and sale of the 2017 Refunding Bonds pursuant to this Bond Purchase Agreement is an arm’s-length commercial transaction between the District and the Underwriter, (ii) in connection with such transaction, the Underwriter is acting solely as a principal and not as an advisor (including, without limitation, a Municipal Advisor (as such term is defined in section 975(e) of the Dodd-Frank Wall Street Reform and Consumer Protection Act)), agent or a fiduciary of the District, (iii) the Underwriter has not assumed a fiduciary responsibility in favor of the District with respect to the offering of the 2017 Refunding Bonds or the process leading thereto (whether or not the Underwriter, or any affiliate of the Underwriter, has advised or is currently advising the District on other matters) or any other obligation to the District except the obligations expressly set forth in this Bond Purchase Agreement, (iv) the Underwriter has financial and other interests that differ from those of the District, and (v) the District has consulted with its own legal and financial advisors to the extent it deemed appropriate in connection with the offering of the 2017 Refunding Bonds. The District acknowledges that it has previously provided the Underwriter with an acknowledgement of receipt of the required Underwriter disclosure under Rule G-17 of the Municipal Securities Rulemaking Board. Exhibit B Page 2 2. The 2017 Refunding Bonds. Except as hereinafter described, the 2017 Refunding Bonds shall be as described in, and shall be issued and secured pursuant to the provisions of the resolution of the District adopted on June 14, 2017 (the “Resolution”), provisions of Articles 9 and 11 of Chapter 3 (commencing with section 53550) of Division 2 of Title 5 of the California Government Code (the “Act”) and other applicable provisions of law. The 2017 Refunding Bonds shall be issued, authenticated and delivered under and in accordance with the provisions of this Bond Purchase Agreement and the Resolution. The 2017 Refunding Bonds are being issued as current interest bonds. The 2017 Refunding Bonds are being issued to refund, (a) on a current basis, the District’s outstanding Pittsburg Unified School District (Contra Costa County, California) General Obligation Bonds, Election of 2004, Series C, maturing on and after August 1, 2018 (the “Refunded 2004C Bonds”), (b) on a current basis, the District’s outstanding Pittsburg Unified School District (Contra Costa County, California) General Obligation Bonds, Election of 2006, Series A, maturing on and after August 1, 2018 (the “Refunded 2006A Bonds”), and (c) on an advance basis, the District’s outstanding Pittsburg Unified School District (Contra Costa County, California) General Obligation Bonds, Election of 2006, Series B, maturing on and after August 1, 2018 (the “Refunded 2006B Bonds”), The 2017 Refunding Bonds will be dated the date of delivery and accrue interest from such date, payable semiannually on February 1 and August 1 of each year, commencing on February 1, 2018. The 2017 Refunding Bonds will mature on the dates, bear interest at the rates and be subject to redemption on the terms and conditions, all as shown on Appendix A hereto, which is incorporated herein by this reference. The 2017 Refunding Bonds will be issued as fully registered bonds, without coupons, in the denominations of $5,000 and any integral multiple thereof. To assist the Underwriter in complying with Securities and Exchange Commission Rule 15c2- 12(b)(5) (the “Rule”), the District will undertake, pursuant to the Resolution and a continuing disclosure certificate (the “Continuing Disclosure Certificate”), to provide annual reports and notices of certain events. A description of this undertaking is set forth in the Preliminary Official Statement and will also be set forth in the Official Statement (each as hereinafter defined). 3. Use of Documents. The District hereby authorizes the Underwriter to use, in connection with the offer and sale of the 2017 Refunding Bonds, this Bond Purchase Agreement, the Escrow Agreement (hereinafter defined), the Official Statement and the Resolution and all information contained herein and therein and all of the documents, certificates or statements furnished by the District to the Underwriter in connection with the transactions contemplated by this Bond Purchase Agreement. 4. Public Offering of the 2017 Refunding Bonds. The Underwriter agrees to make a bona fide public offering of all the 2017 Refunding Bonds at the initial public offering price or yield to be set forth on the cover page of the Official Statement and Appendix A hereto. Except as described below in Section 5—Issue Price, subsequent to such initial public offering, the Underwriter reserves the right to change such initial public offering price or yield as it deems necessary in connection with the marketing of the 2017 Refunding Bonds. 5. Issue Price. (a) The Underwriter agrees to assist the District in establishing the issue price of the 2017 Refunding B Bonds and shall execute and deliver to the District on the Closing Date an “issue price” or similar certificate substantially in the form attached hereto as Appendix B, with such modifications as may be appropriate or necessary, in the reasonable judgment of the Underwriter, the District and Bond Counsel, to accurately reflect, as applicable, the sales price or prices or the initial offering price or prices to the public of the 2017 Refunding B Bonds. (b) [Except as otherwise set forth in Schedule 1 attached to Exhibit B,] the District will treat the first price at which 10% of each maturity of the 2017 Refunding B Bonds (the “10% test”) is sold to the public as the issue price of that maturity (if different interest rates apply within a maturity, each separate CUSIP number within that maturity will be subject to the 10% test). If the 10% test has not been satisfied as to any maturity of the 2017 Refunding B Bonds, the Underwriter agrees to promptly report to the District or to the District’s municipal advisor the prices at which it sells 2017 Refunding B Bonds of that Exhibit B Page 3 maturity to the public. That reporting obligation shall continue, whether or not the Closing Date has occurred, until the 10% test has been satisfied as to the 2017 Refunding B Bonds of that maturity or until all 2017 Refunding B Bonds of that maturity have been sold. [Schedule [1] and subsection (c) shall apply only if the Underwriter agrees to apply the hold-the-offering- price rule, as described below.] (c) Schedule 1 attached to Appendix B sets forth the maturities, if any, of the 2017 Refunding B Bonds for which the 10% test has not been satisfied and for which the District and the Underwriter agree that the restrictions set forth in the next sentence shall apply, which will allow the District to treat the initial offering price to the public of each such maturity as of the sale date as the issue price of that maturity (the “hold-the-offering-price rule”). So long as the hold-the-offering-price rule remains applicable to any maturity of the 2017 Refunding B Bonds, the Underwriter will neither offer nor sell that maturity to any person at a price that is higher than the initial offering price to the public during the period starting on the sale date and ending on the earlier of the following: (i) the close of the fifth (5th) business day after the sale date; or (ii) the date on which the Underwriter has sold at least 10% of that maturity of the 2017 Refunding B Bonds to the public at a price that is no higher than the initial offering price to the public. The Underwriter shall promptly advise the District or the District’s municipal advisor when it has sold 10% of that maturity of the 2017 Refunding B Bonds to the public at a price that is no higher than the initial offering price to the public, if that occurs prior to the close of the fifth (5th) business day after the sale date. (d) The Underwriter acknowledges that sales of any 2017 Refunding B Bonds to any person that is a related party to the Underwriter shall not constitute sales to the public for purposes of this Section 3. Further, for purposes of this Section 3: (i) “public” means any person other than an underwriter or a related party, (ii) “underwriter” means (A) any person that agrees pursuant to a written contract with the District (or with the lead underwriter to form an underwriting syndicate) to participate in the initial sale of the 2017 Refunding B Bonds to the public and (B) any person that agrees pursuant to a written contract directly or indirectly with a person described in clause (A) to participate in the initial sale of the 2017 Refunding B Bonds to the public (including a member of a selling group or a party to a retail distribution agreement participating in the initial sale of the 2017 Refunding B Bonds to the public), and (iii) a purchaser of any of the 2017 Refunding B Bonds is a “related party” to an underwriter if the Underwriter and the purchaser are subject, directly or indirectly, to more than 50% common ownership. 6. Review of Official Statement. The Underwriter hereby represents that it has received and reviewed the preliminary official statement with respect to the 2017 Refunding Bonds, dated June 21, 2017 (the Preliminary Official Statement”). The District represents that it has duly authorized and caused the preparation of the Preliminary Official Statement and that it deemed the Preliminary Official Statement to be final as of its date, except for either revision or addition of the offering price(s), yield(s) to maturity, selling compensation, aggregate principal amount, delivery date, rating(s) and other terms of the 2017 Refunding Bonds which depend upon the foregoing as provided in and pursuant to the Rule. The Underwriter agrees that prior to the time a final Official Statement (hereinafter defined) relating to the 2017 Refunding Bonds is available, the Underwriter will send to any potential purchaser of the 2017 Refunding Bonds, upon the request of such potential purchaser, a copy of the most recent Preliminary Official Statement. Such Preliminary Official Statement shall be sent by first class mail (or other equally prompt means) not later than the first business day following the date upon which each such request is received. Exhibit B Page 4 7. Closing. At 8:00 A.M., California time, on August 2, 2017, or at such other time or on such other date as shall have been mutually agreed upon by you and us (the “Closing”), the District will deliver to the Underwriter (except as otherwise provided in the Resolution), through the facilities of The Depository Trust Company (“DTC”), or at such other place as we may mutually agree, the 2017 Refunding Bonds in fully registered book-entry form, duly executed and registered in the name of Cede & Co., as nominee of DTC, and in Larkspur, California, the other documents hereinafter mentioned; and the Underwriter will accept such delivery and pay the purchase price thereof in immediately available funds by check, draft or wire transfer to or upon the order of the Paying Agent, on behalf of the District , and the premium for the Policy to the Municipal Bond Insurer. 8. Representations, Warranties and Agreements of the District. The District hereby represents, warrants and agrees with the Underwriter that: (a) Due Organization. The District is a school district duly organized and validly existing under the laws of the State of California, with the power to issue the 2017 Refunding Bonds pursuant to the Act. (b) Due Authorization. (i) At or prior to the Closing, the District will have taken all action required to be taken by it to authorize the issuance and delivery of the 2017 Refunding Bonds; (ii) the District has full legal right, power and authority to enter into this Bond Purchase Agreement, to adopt the Resolution, to perform its obligations under each such document or instrument, and to carry out and effectuate the transactions contemplated by this Bond Purchase Agreement and the Resolution; (iii) the execution and delivery or adoption of, and the performance by the District of the obligations contained in the 2017 Refunding Bonds, the Resolution, the Continuing Disclosure Certificate, the Escrow Agreement, dated the Closing Date, by and between the District and the Escrow Bank relating to the defeasance of the Refunded 2006B Bonds (the “Escrow Agreement”), and this Bond Purchase Agreement have been duly authorized and such authorization shall be in full force and effect at the time of the Closing; (iv) this Bond Purchase Agreement, the Resolution, the Continuing Disclosure Certificate, the Escrow Agreement constitute the valid and legally binding obligations of the District; (v) the Bonds, when issued, authenticated and sold to the Underwriter in accordance with the Resolution, and this Bond Purchase Agreement, will be the legal, valid, binding and enforceable obligations of the District enforceable in accordance with their terms; and (vi) the District has duly authorized the consummation by it of all transactions contemplated by this Bond Purchase Agreement, the Resolution, the Continuing Disclosure Certificate, the Escrow Agreement. The District will not amend, terminate or rescind, and will not agree to any amendment, termination or rescission of the Resolution, the Continuing Disclosure Certificate, the Escrow Agreement or this Bond Purchase Agreement without the prior written consent of the Underwriter prior to the date of the Closing. (c) Consents. Other than the adoption of the Resolution, no consent, approval, authorization, order, filing, registration, qualification, election or referendum of or by any court or governmental agency or public body whatsoever is required in connection with the issuance, delivery or sale of the 2017 Refunding Bonds or the consummation of the other transactions effected or contemplated herein or hereby, except for such actions as may be necessary to qualify the 2017 Refunding Bonds for offer and sale under the Blue Sky or other securities laws and regulations of such states and jurisdictions of the United States as the Underwriter may reasonably request, or which have not been taken or obtained; provided, however, that the District shall not be required to subject itself to service of process in any jurisdiction in which it is not so subject as of the date hereof. (d) Internal Revenue Code. The District has covenanted to comply with the Internal Revenue Code of 1986, as amended, and regulations promulgated thereunder, with respect to the 2017 Refunding Bonds. (e) No Conflicts. The issuance of the 2017 Refunding Bonds, and the execution, delivery and performance of this Bond Purchase Agreement, the Resolution, the Continuing Disclosure Certificate, the Escrow Agreement and the 2017 Refunding Bonds, and the compliance with the provisions hereof do not conflict with or constitute on the part of the District a violation of or default under, the Constitution of the State of California or any existing law, charter, ordinance, regulation, decree, order or resolution and do not conflict with or result in a violation or breach of, or constitute a default under, any agreement, indenture, mortgage, lease or other instrument to which the District is a party or by which it is bound or to which it is subject. Exhibit B Page 5 (f) Litigation. As of the time of acceptance hereof, based on the advice of counsel to the District, no action, suit, proceeding, hearing or investigation is pending or, to the best knowledge of the District, threatened against the District: (i) in any way affecting the existence of the District or in any way challenging the respective powers of the several offices or of the titles of the officials of the District to such offices; or (ii) seeking to restrain or enjoin the sale, issuance or delivery of any of the 2017 Refunding Bonds, the application of the proceeds of the sale of the 2017 Refunding Bonds, or the collection of taxes of the District pledged or to be pledged or available to pay the principal of and interest on the 2017 Refunding Bonds, or the pledge thereof, or, the levy of any taxes contemplated by the Resolution, or in any way contesting or affecting the validity or enforceability of the 2017 Refunding Bonds, this Bond Purchase Agreement, the Continuing Disclosure Certificate, the Escrow Agreement or the Resolution or contesting the powers of the District or its authority with respect to the 2017 Refunding Bonds, the Resolution, the Continuing Disclosure Certificate, the Escrow Agreement or this Bond Purchase Agreement; or (iii) in which a final adverse decision could (a) materially adversely affect the operations of the District or the consummation of the transactions contemplated by this Bond Purchase Agreement, the Escrow Agreement, the Continuing Disclosure Certificate or the Resolution, (b) declare this Bond Purchase Agreement to be invalid or unenforceable in whole or in material part, or (c) adversely affect the exclusion of the interest paid on the 2017 Refunding Bonds from gross income for federal income tax purposes and the exemption of such interest from California personal income taxation. (g) No Other Debt. Between the date hereof and the Closing, without the prior written consent of the Underwriter, the District will not have issued, nor will Contra Costa County (the “County”), on behalf of the District issue, any bonds, notes or certificates of participation except for such borrowings as may be described in or contemplated by the Official Statement. (h) Arbitrage Certificate. The District has not been notified of any listing or proposed listing by the Internal Revenue Service to the effect that the District is a bond issuer whose arbitrage certificates may not be relied upon. (i) Certificates. Any certificates signed by any officer of the District and delivered to the Underwriter shall be deemed a representation by the District to the Underwriter, but not by the person signing the same, as to the statements made therein. (j) Official Statement. The District has reviewed the Preliminary Official Statement and, as of its date and as of the date hereof, the information set forth therein contains no untrue statement of a material fact or omits to state a material fact required to be stated therein or necessary to make the statements made therein, in the light of the circumstances under which they were made, not misleading in any material respect. The District will provide to the Underwriter a certificate dated as of the date of the Official Statement and as of the Closing stating that it has reviewed the Official Statement and, as of the Closing, the information set forth therein contains no untrue statement of a material fact or omits to state a material fact required to be stated therein or necessary to make the statements made therein, in the light of the circumstances under which they were made, not misleading in any material respect. (k) Financial Statements. The financial statements of the District contained in the Preliminary Official Statement and the Official Statement present fairly the financial position of the District as of the dates indicated and the results of its operations for the periods specified. (l) Continuing Disclosure. Based on a review of its prior undertakings under the Rule, and except as otherwise disclosed in the Preliminary Official Statement and the Official Statement, the District has never failed to comply in all material respects with any previous undertakings with regard to said Rule to provide annual reports or notices of material events with respect to the last five years. (m) Levy of Tax. The District hereby agrees to take any and all actions as may be required by the County or otherwise necessary in order to arrange for the levy and collection of taxes for the payment of the 2017 Refunding Bonds, and the deposit and investment of 2017 Refunding Bond proceeds. In particular, the District hereby agrees to provide to the appropriate officials of the County a copy of the Resolution, a copy of Appendix A hereto, and the full debt service schedule for the 2017 Refunding Exhibit B Page 6 Bonds, in accordance with section 15140(c) of the California Education Code and policies and procedures of the County. (n) Representation Regarding the Refunded 2004C Bonds, the Refunded 2006A Bonds and the Refunded 2006B Bonds. The District hereby represents that it has not entered into any contract or agreement that would limit or restrict the District’s ability to refund the Refunded 2004C Bonds, the Refunded Bonds or the Refunded 2006B Bonds or enter into this Bond Purchase Agreement for the sale of the 2017 Refunding Bonds to the Underwriter. 9. Covenants of the District. The District covenants and agrees with the Underwriter that: (a) Securities Laws. The District will furnish such information, execute such instruments, and take such other action in cooperation with the Underwriter if and as the Underwriter may reasonably request in order to qualify the 2017 Refunding Bonds for offer and sale under the Blue Sky or other securities laws and regulations of such states and jurisdictions, provided, however, that the District shall not be required to consent to service of process in any jurisdiction in which it is not so subject as of the date hereof; (b) Application of Proceeds. The District will apply the proceeds from the sale of the 2017 Refunding Bonds for the purposes specified in the Resolution; (c) Official Statement. The District hereby agrees to deliver or cause to be delivered to the Underwriter, not later than the seventh (7th) business day following the date this Bond Purchase Agreement is signed, copies of a final Official Statement substantially in the form of the Preliminary Official Statement, with only such changes therein as shall have been accepted by the Underwriter and the District (such Official Statement with such changes, if any, and including the cover page and all appendices, exhibits, maps, reports and statements included therein or attached thereto being herein called the “Official Statement”) in such quantities as may be requested by the Underwriter in order to permit the Underwriter to comply with paragraph (b)(4) of the Rule and with the rules of the Municipal Securities Rulemaking Board (the “MSRB”). The District hereby authorizes the Underwriter to use and distribute the Official Statement in connection with the offering and sale of the 2017 Refunding Bonds; (d) Subsequent Events. The District hereby agrees to notify the Underwriter of any event or occurrence that may affect the accuracy or completeness of any information set forth in the Official Statement until the date which is ninety (90) days following the Closing or until such time (if earlier) as the Underwriter shall no longer hold any of the 2017 Refunding Bonds for sale; (e) References. References herein to the Preliminary Official Statement and the final Official Statement include the cover page and all appendices, exhibits, maps, reports and statements included therein or attached thereto; and (f) Amendments to Official Statement. For a period of ninety (90) days after the Closing or until such time (if earlier) as the Underwriter shall no longer hold any of the 2017 Refunding Bonds for sale, the District will not adopt any amendment of or supplement to the Official Statement to which, after having been furnished with a copy, the Underwriter shall object in writing or which shall be disapproved by the Underwriter; and if any event relating to or affecting the District shall occur as a result of which it is necessary, in the opinion of the Underwriter, to amend or supplement the Official Statement in order to make the Official Statement not misleading in light of the circumstances existing at the time it is delivered to a purchaser, the District shall forthwith prepare and furnish (at the expense of the District) a reasonable number of copies of an amendment of or supplement to the Official Statement (in form and substance satisfactory to the Underwriter) which will amend or supplement the Official Statement so that it will not contain an untrue statement of a material fact or omit to state a material fact necessary in order to make the statements therein, in the light of the circumstances existing at the time the Official Statement is delivered to a purchaser, not misleading. 10. Conditions to Closing. The Underwriter has entered into this Bond Purchase Agreement in reliance upon the representations and warranties of the District contained herein and the performance by the District of its obligations hereunder, both as of the date hereof and as of the date of Closing. The Exhibit B Page 7 Underwriter’s obligations under this Bond Purchase Agreement are and shall be subject at the option of the Underwriter, to the following further conditions at the Closing: (a) Representations True. The representations and warranties of the District contained herein shall be true, complete and correct in all material respects at the date hereof and at and as of the Closing as if made at and as of the Closing, and the statements made in all certificates and other documents delivered to the Underwriter at the Closing pursuant hereto shall be true, complete and correct in all material respects on the date of the Closing; and the District shall be in compliance with each of the agreements made by it in this Bond Purchase Agreement; (b) Obligations Performed. At the time of the Closing, (i) the Official Statement, this Bond Purchase Agreement, the Resolution, the Continuing Disclosure Certificate and the Escrow Agreement shall be in full force and effect and shall not have been amended, modified or supplemented except as may have been agreed to in writing by the Underwriter; (ii) all actions under the Act which, in the opinion of Quint & Thimmig LLP (“Bond Counsel”), shall be necessary in connection with the transactions contemplated hereby shall have been duly taken and shall be in full force and effect; and (iii) the District shall perform or have performed all of their obligations required under or specified in the Resolution, this Bond Purchase Agreement, the Continuing Disclosure Certificate, the Escrow Agreement or the Official Statement to be performed at or prior to the Closing; (c) Adverse Rulings. No decision, ruling or finding shall have been entered by any court or governmental authority since the date of this Bond Purchase Agreement (and not reversed on appeal or otherwise set aside), or to the best knowledge of the District, pending or threatened which has any of the effects described in Section 7(f) hereof or contesting in any way the completeness or accuracy of the Official Statement; (d) Marketability. Between the date hereof and the Closing, the market price or marketability or the ability of the Underwriter to enforce contracts for the sale of the 2017 Refunding Bonds, at the initial offering prices set forth in the Official Statement, of the 2017 Refunding Bonds shall not have been materially adversely affected in the judgment of the Underwriter (evidenced by a written notice to the District terminating the obligation of the Underwriter to accept delivery of and pay for the 2017 Refunding Bonds) by reason of any of the following: (1) legislation enacted or introduced in the Congress or recommended for passage by the President of the United States, or a decision rendered by a court established under Article III of the Constitution of the United States or by the United States Tax Court, with the purpose or effect, directly or indirectly, of causing inclusion in gross income for purposes of federal income taxation of the interest received by the owners of the 2017 Refunding Bonds, or an order, ruling, regulation (final, temporary or proposed) or official statement issued or made: (i) by or on behalf of the United States Treasury Department, or by or on behalf of the Internal Revenue Service, with the purpose or effect, directly or indirectly, of causing inclusion in gross income for purposes of federal income taxation of the interest received by the owners of the 2017 Refunding Bonds; or (ii) by or on behalf of the Securities and Exchange Commission, or any other governmental agency having jurisdiction over the subject matter thereof, to the effect that the 2017 Refunding Bonds, or obligations of the general character of the 2017 Refunding Bonds, including any and all underlying arrangements, are not exempt from registration under the Securities Act of 1933, as amended; (2) legislation enacted by the legislature of the State of California (the “State”), or a decision rendered by a court of the State, or a ruling, order, or regulation (final or temporary) made by State authority, which would have the effect of changing, directly or indirectly, the State tax consequences of interest on obligations of the general character of the 2017 Refunding Bonds in the hands of the holders thereof, or Exhibit B Page 8 (3) the declaration of war or engagement in major military hostilities by the United States, any outbreak or escalation of hostilities or the occurrence of any other national emergency or calamity relating to the effective operation of the government or the financial community in the United States; (4) the declaration of a general banking moratorium by federal, New York or California authorities, or the general suspension of trading on any national securities exchange; (5) the imposition by the New York Stock Exchange, other national securities exchange, or any governmental authority, of any material restrictions not now in force with respect to the 2017 Refunding Bonds, or obligations of the general character of the 2017 Refunding Bonds, or securities generally, or the material increase of any such restrictions now in force, including those relating to the extension of credit by, or the charge to the net capital requirements of, the Underwriter; (6) an order, decree or injunction of any court of competent jurisdiction, or order, filing, regulation or official statement by the Securities and Exchange Commission, or any other governmental agency having jurisdiction over the subject matter thereof, issued or made to the effect that the issuance, offering or sale of obligations of the general character of the 2017 Refunding Bonds, or the issuance, offering or sale of the 2017 Refunding Bonds, as contemplated hereby or by the Official Statement, is or would be in violation of the federal securities laws, as amended and then in effect; (7) the withdrawal, downgrading or placement on credit watch of any rating of the District’s outstanding indebtedness by a national rating agency; or (8) any event occurring, or information becoming known which, in the reasonable judgment of the Underwriter, makes untrue in any material adverse respect any statement or information contained in the Official Statement, or has the effect that the Official Statement contains any untrue statement of a material fact or omits to state a material fact required to be stated therein or necessary to make the statements made therein, in light of the circumstances under which they were made, not misleading; or (9) other disruptive events, occurrences or conditions in the securities or debt markets. (e) Delivery of Documents. At or prior to the date of the Closing, Bond Counsel shall deliver sufficient copies of the following documents, in each case dated as of the date of the Closing and satisfactory in form and substance to the Underwriter: (1) Bond Opinion. An approving opinion of Bond Counsel, as to the validity and tax- exempt status of the 2017 Refunding Bonds, dated the date of the Closing, addressed to the District, in the form attached to the Official Statement as Appendix C; (2) Reliance Letter. A reliance letter from Bond Counsel to the effect that the Underwriter can rely upon the approving opinion described in (e)(1) above; (3) Supplemental Opinion. A supplemental opinion of Bond Counsel, dated the date of the Closing, addressed to the Underwriter to the effect that: (i) this Bond Purchase Agreement has been duly executed and delivered by the District and, assuming due authorization, execution and delivery by and validity against the Underwriter, is a valid and binding agreement of the District, subject to bankruptcy, insolvency, reorganization, arrangement, moratorium, fraudulent conveyance and other laws relating to or affecting creditors’ rights, to the application of equitable principles and to the exercise of judicial discretion in appropriate cases; (ii) the statements contained in the Official Statement under the captions “THE BONDS,” “SECURITY AND SOURCE OF PAYMENT FOR THE BONDS” and “LEGAL Exhibit B Page 9 MATTERS—Tax Matters,” insofar as such statements purport to summarize certain provisions of the 2017 Refunding Bonds and the Resolution and its opinion concerning certain federal tax matters relating to the 2017 Refunding Bonds are accurate in all material respects; and (iii) the 2017 Refunding Bonds are not subject to the registration requirements of the Securities Act and the Resolution is exempt from qualification under the Trust Indenture Act; (4) Disclosure Counsel Opinion. An opinion letter, dated the date of the Closing and addressed to the District and the Underwriter of Quint & Thimmig LLP, Larkspur, California, Disclosure Counsel (“Disclosure Counsel”), to the effect that based upon their participation in the preparation of the Official Statement as Disclosure Counsel, except to the extent set forth in their supplemental opinion, without assuming any responsibility for the accuracy, completeness or fairness of any of the statements contained in the Official Statement nor making any representation regarding independent verification of the accuracy, completeness or fairness of any of the statements contained in the Official Statement, such counsel advises that during the course of such representation of the District as disclosure counsel on this matter, no information came to the attention of the attorneys in such firm rendering legal services in connection with such representation which caused them to believe that the Official Statement as of its date and as of the Closing Date (except for any financial, statistical or economic data or forecasts, numbers, charts, tables, graphs, estimates, projections, assumptions or expressions of opinion (except opinions of Bond Counsel), Appendix A to the Official Statement, or any information about book- entry or DTC included therein, as to which no opinion or view is expressed) contained any untrue statement of a material fact or omitted to state any material fact required to be stated therein or necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading; (5) Certificates. Certificates signed by appropriate officials of the District to the effect that (i) such officials are authorized to execute this Bond Purchase Agreement, (ii) the representations, agreements and warranties of the District herein are true and correct in all material respects as of the date of Closing, (iii) the District has complied with all the terms of the Resolution and this Bond Purchase Agreement, which are necessary to be complied with prior to or concurrently with the Closing and such documents are in full force and effect, (iv) the District has reviewed the Official Statement and on such basis certifies that the Official Statement does not contain any untrue statement of a material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances in which they were made, not misleading, (v) no further consent is required for inclusion of the District’s audited financial statements in the Official Statement, and (vi) the 2017 Refunding Bonds being delivered on the date of the Closing to the Underwriter under this Bond Purchase Agreement substantially conform to the descriptions thereof contained in the Resolution; (6) Arbitrage. A non-arbitrage certificate of the District in a form satisfactory to Bond Counsel; (7) Ratings. Evidence satisfactory to the Underwriter that the Bonds shall have received the ratings of “__” and “__” from Fitch Ratings and Moody’s Investors Service respectively, and that such ratings have not been revoked or downgraded; (8) Resolution. A certificate, together with fully executed copies of the Resolution, of the Secretary of the District Board of Trustees to the effect that: (i) such copies are true and correct copies of the Resolution; and (ii) that the Resolution was duly adopted and has not been modified, amended, rescinded or revoked and is in full force and effect on the date of the Closing. Exhibit B Page 10 (9) Official Statement. Certificates of the appropriate officials of the District evidencing their determinations respecting the Official Statement in accordance with the Rule and not more than 25 copies of the Official Statement; (10) Escrow Agreement. An executed copy of the Escrow Agreement; (11) Defeasance Opinions. The opinion of Bond Counsel as to the legal defeasance of the Refunded 20067B Bonds; (12) Continuing Disclosure Certificate. The Continuing Disclosure Certificate as summarized in the Official Statement and in the form attached thereto as Appendix B, satisfactory to the Underwriter which complies with the Rule; and (13) Underwriter’s Certifications. At or before Closing, and contemporaneously with the acceptance of delivery of the 2017 Refunding Bonds and the payment of the purchase price thereof, the Underwriter will provide (or cause to be provided) to the District: (i) the receipt of the Underwriter, in form satisfactory to the District and signed by an authorized officer of the Underwriter, confirming delivery of the 2017 Refunding Bonds to the Underwriter, receipt of all documents required by the Underwriter, and the satisfaction of all conditions and terms of this Purchase Agreement by the District and confirming to the District that as of the date of the Closing all of the representations of the Underwriter contained in this Purchase Agreement are true, complete and correct in all material respects; and (ii) the certification of the Underwriter, in form satisfactory to Bond Counsel, regarding the prices at which the 2017 Refunding Bonds have been reoffered to the public, as described in Section 1; (14) Verification Report. The report of Causey Demgen & Moore, P.C., demonstrating the mathematical accuracy of the calculation as to the sufficiency of the securities and uninvested cash in the escrow fund established to meet the payment and redemption requirements of the Refunded 2006B Bonds; (15) Underwriter’s Counsel Opinion. The opinion of Kronick Moskovitz Tiedemann & Girard, as Underwriter’s counsel, addressed to the Underwriter, in form and substance acceptable to the Underwriter; and (16) Other Documents. Such additional legal opinions, certificates, proceedings, instruments and other documents as the Underwriter may reasonably request to evidence compliance (i) by the District with legal requirements, (ii) the truth and accuracy, as of the time of Closing, of the representations of the District herein contained, and (iii) the due performance or satisfaction by the District at or prior to such time of all agreements then to be performed and all conditions then to be satisfied by the District. (f) Termination. Notwithstanding anything to the contrary herein contained, if for any reason whatsoever the 2017 Refunding Bonds shall not have been delivered by the District to the Underwriter prior to the close of business, California Time, on August 2, 2017, then the obligation to purchase the 2017 Refunding Bonds hereunder shall terminate and be of no further force or effect except with respect to the obligations of the District and the Underwriter under Section 11 hereof. If the District shall be unable to satisfy the conditions to the Underwriter’s obligations contained in this Bond Purchase Agreement or if the Underwriter’s obligations shall be terminated for any reason permitted by this Bond Purchase Agreement, this Bond Purchase Agreement may be canceled by the Underwriter at, or at any time prior to, the time of Closing. Notice of such cancellation shall be given to the District in writing, or by telephone or telegraph, confirmed in writing. Notwithstanding any provision herein to the contrary, the performance of any and all obligations of the District hereunder and Exhibit B Page 11 the performance of any and all conditions contained herein for the benefit of the Underwriter may be waived by the Underwriter in writing at its sole discretion. 11. Conditions to Obligations of the District. The performance by the District of its obligations is conditioned upon (i) the performance by the Underwriter of its obligations hereunder; and (ii) receipt by the District and the Underwriter of opinions and certificates being delivered at the Closing by persons and entities other than the District. 12. Costs and Expenses. Whether or not the transactions contemplated by this Bond Purchase Agreement are consummated, the Underwriter shall be under no obligation to pay, and the District shall pay from the proceeds of the 2017 Refunding Bonds or otherwise, all expenses and costs of the District incident to the performance of their obligations in connection with the authorization, execution, sale and delivery of the 2017 Refunding Bonds to the Underwriter, including, without limitation, printing costs, rating agency fees and charges, initial fees of the Paying Agent, including fees and disbursements of its counsel, if any, fees of the Escrow Bank, fees and disbursements of Bond Counsel, Disclosure Counsel and other professional advisors employed by the District, and costs of preparation, printing, signing, transportation, delivery and safekeeping of the 2017 Refunding Bonds. The Underwriter shall pay all out- of-pocket expenses of the Underwriter, including, without limitation, advertising expenses, the California Debt and Investment Advisory Commission fee, CUSIP Service Bureau charges, regulatory fees imposed on new securities issuers, fees and disbursements of counsel to the Underwriter and any and all other expenses incurred by the Underwriter in connection with the public offering and distribution of the 2017 Refunding Bonds, shall be paid by the Underwriter. 13. Notices. Any notice or other communication to be given under this Bond Purchase Agreement (other than the acceptance hereof as specified in the first paragraph hereof) may be given by delivering the same in writing if to the District, to the Superintendent, or if to the Underwriter, to Raymond James & Associates, Inc., 209 Avenida Del Mar, Suite 207, San Clemente, CA 92672, Attention: Mr. Randy Merritt, Managing Director. 14. Parties in Interest; Survival of Representations and Warranties. This Bond Purchase Agreement when accepted by the District in writing as heretofore specified shall constitute the entire agreement between the District and the Underwriter. This Bond Purchase Agreement is made solely for the benefit of the District and the Underwriter (including the successors or assigns of the Underwriter). No person shall acquire or have any rights hereunder or by virtue hereof. All representations, warranties and agreements of the District in this Bond Purchase Agreement shall survive regardless of (a) any investigation or any statement in respect thereof made by or on behalf of the Underwriter, (b) delivery of and payment by the Underwriter for the 2017 Refunding Bonds hereunder, and (c) any termination of this Bond Purchase Agreement. 15. Execution in Counterparts. This Bond Purchase Agreement may be executed in several counterparts each of which shall be regarded as an original and all of which shall constitute but one and the same document. Exhibit B Page 12 16. Applicable Law. This Bond Purchase Agreement shall be interpreted, governed and enforced in accordance with the law of the State of California applicable to contracts made and performed in such State. Very truly yours, RAYMOND JAMES & ASSOCIATES, INC., as Underwriter By Managing Director The foregoing is hereby agreed to and accepted as of the date first above written: PITTSBURG UNIFIED SCHOOL DISTRICT By Deputy Superintendent Exhibit B Page 13 APPENDIX A MATURITY SCHEDULES AND REDEMPTION PROVISIONS $___________ PITTSBURG UNIFIED SCHOOL DISTRICT (Contra Costa County, California) 2017 General Obligation Refunding Bonds Maturity Principal Interest (August 1) Amount Rate Yield Price Redemption Provisions Optional Redemption. 2017 Refunding Bonds maturing on or before August 1, ____, are non- callable. The 2017 Refunding Bonds maturing on August 1, ____, or any time thereafter, are callable for redemption prior to their stated maturity date at the option of the District, as a whole, or in part on any date on or after August 1, ____ (in such maturities as are designated by the District, or, if the District fails to designate such maturities, on a proportional basis), and may be redeemed prior to the maturity thereof by payment of all principal, plus accrued interest to date of redemption, without premium. Exhibit B Page 14 APPENDIX B FORM OF ISSUE PRICE CERTIFICATE Exhibit C Page 1 EXHIBIT C FORM OF PAYING AGENT AGREEMENT $___________ PITTSBURG UNIFIED SCHOOL DISTRICT (Contra Costa County, California) 2017 General Obligation Refunding Bonds PAYING AGENT/BOND REGISTRAR/COSTS OF ISSUANCE AGREEMENT THIS PAYING AGENT/BOND REGISTRAR/COSTS OF ISSUANCE AGREEMENT (this “Agreement”), is entered into as of February 1, 2017, by and between the PITTSBURG UNIFIED SCHOOL DISTRICT (the “District”) and THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A. (the “Paying Agent”), relating to the $___________ Pittsburg Unified School District (Contra Costa County, California) 2017 General Obligation Refunding Bonds (the “Bonds”). The District hereby appoints the Paying Agent to act in such capacity as Paying Agent, Transfer Agent and Bond Registrar for the Bonds and Custodian and Disbursing Agent for the payment of costs of issuance relating to the Bonds (all such capacities referred to herein as “Paying Agent”). RECITALS WHEREAS, the District has duly authorized and provided for the issuance of the Bonds as fully registered bonds without coupons; WHEREAS, the District will ensure all things necessary to make the Bonds the valid obligations of the District, in accordance with their terms, will be done upon the issuance and delivery thereof; WHEREAS, the District and the Paying Agent wish to provide the terms under which the Paying Agent will act to pay the principal of and interest on the Bonds, in accordance with the terms thereof, and under which the Paying Agent will act as Bond Registrar for the Bonds; WHEREAS, the District and the Paying Agent also wish to provide the terms under which the Paying Agent will act as Custodian and Disbursing Agent for the payment of costs of issuance relating to the Bonds; WHEREAS, the Paying Agent has agreed to serve in such capacities for and on behalf of the District and has full power and authority to perform and serve as Paying Agent, Transfer Agent and Bond Registrar for the Bonds and as Custodian and Disbursing Agent for the payment of costs of issuance relating to the Bonds; and WHEREAS, the District has duly authorized the execution and delivery of this Agreement; and all things necessary to make this Agreement a valid agreement have been done. NOW, THEREFORE, it is mutually agreed as follows: Exhibit C Page 2 ARTICLE ONE DEFINITIONS Section 1.01. Definitions. For all purposes of this Agreement except as otherwise expressly provided or unless the context otherwise requires: “Bond Register” means the book or books of registration kept by the Paying Agent in which are maintained the names and addresses and principal amounts registered to each Registered Owner. “Bond Registrar” means the Paying Agent when it is performing the function of registrar for the Bonds. “Bond Resolution” means the resolution of the District pursuant to which the Bonds were issued. “Bond” or “Bonds” means any one or all of the $___________ Pittsburg Unified School District (Contra Costa County, California) 2017 General Obligation Refunding Bonds. “Custodian and Disbursing Agent” means the Paying Agent when it is performing the function of custodian and disbursing agent for the payment of costs of issuance relating to the Bonds. “District” means Pittsburg Unified School District. “District Request” means a written request signed in the name of the District and delivered to the Paying Agent. “Fiscal Year” means the fiscal year of the District ending on June 30 of each year. “Paying Agent” means The Bank of New York Mellon Trust Company, N.A., a national banking association organized and existing under the laws of the United States of America. “Person” means any individual, corporation, partnership, joint venture, association, joint stock company, trust, unincorporated organization or government or any agency or political subdivision of a government or any entity whatsoever. “Registered Owner” means a Person in whose name a Bond is registered in the Bond Register. “Stated Maturity” when used with respect to any Bond means the date specified in the Bond Resolution as the date on which the principal of such Bond is due and payable. “Transfer Agent” means the Paying Agent when it is performing the function of transfer agent for the Bonds. “Underwriter” means Raymond James & Associates, Inc. Exhibit C Page 3 ARTICLE TWO APPOINTMENT OF BANK AS PAYING AGENT, TRANSFER AGENT, BOND REGISTRAR AND CUSTODIAN AND DISBURSING AGENT Section 2.01. Appointment and Acceptance. The District hereby appoints the Paying Agent to act as Paying Agent and Transfer Agent with respect to the Bonds, to pay to the Registered Owners in accordance with the terms and provisions of this Agreement and the Bond Resolution, the principal of, redemption premium (if any) and interest on all or any of the Bonds. The District hereby appoints the Paying Agent as Bond Registrar with respect to the Bonds. As Bond Registrar, the Paying Agent shall keep and maintain for and on behalf of the District, books and records as to the ownership of the Bonds and with respect to the transfer and exchange thereof as provided herein and in the Bond Resolution. The District hereby appoints the Paying Agent as Custodian and Disbursing Agent. The Paying Agent hereby accepts its appointment, and agrees to act as Paying Agent, Transfer Agent, Bond Registrar and Custodian and Disbursing Agent. Section 2.02. Compensation. As compensation for the Paying Agent’s services as Paying Agent and Bond Registrar, the District hereby agrees to pay the Paying Agent the fees and amounts set forth in a separate agreement between the District and the Paying Agent. In addition, the District agrees to reimburse the Paying Agent, upon its request, for all reasonable and necessary out-of-pocket expenses, disbursements, and advances, including without limitation the reasonable fees, expenses, and disbursements of its agents and attorneys, made or incurred by the Paying Agent in connection with entering into and performing under this Agreement and in connection with investigating and defending itself against any claim or liability in connection with its performance hereunder. ARTICLE THREE PAYING AGENT Section 3.01. Duties of Paying Agent. As Paying Agent, the Paying Agent, provided sufficient collected funds have been provided to it for such purpose by or on behalf of the District, shall pay on behalf of the District the principal of, and interest on each Bond in accordance with the debt service schedule attached hereto as Exhibit A. Section 3.02. Payment Dates. The District hereby instructs the Paying Agent to pay the principal of and interest on the Bonds on the dates specified in the Bond Resolution. ARTICLE FOUR BOND REGISTRAR Section 4.01. Initial Delivery of Bonds. The Bonds will be initially registered and delivered to the purchaser designated by the District as one Bond for each maturity. If such purchaser delivers a written request to the Paying Agent not later than five business days prior to the date of initial delivery, the Paying Agent will, on the date of initial delivery, deliver Bonds of authorized denominations, registered in accordance with the instructions in such written request. Section 4.02. Duties of Bond Registrar. The Paying Agent in its capacity as Bond Registrar shall provide for the proper registration of transfer, exchange and replacement of the Bonds. Every Bond surrendered for transfer or exchange shall be duly endorsed or be accompanied by a written instrument Exhibit C Page 4 of transfer, the signature on which has been guaranteed by an eligible guarantor institution, in form acceptable to the Paying Agent, duly executed by the Registered Owner thereof or his attorney duly authorized in writing. The Bond Registrar may request any supporting documentation it deems necessary or appropriate to effect a re-registration. Section 4.03. Unauthenticated Bonds. The District shall provide to the Paying Agent on a continuing basis, an adequate inventory of unauthenticated Bonds to facilitate transfers. The Paying Agent agrees that it will maintain such unauthenticated Bonds in safekeeping. Section 4.04. Form of Bond Register. The Paying Agent as Bond Registrar will maintain its records as Bond Registrar in accordance with the Paying Agent’s general practices and procedures in effect from time to time. Section 4.05. Reports. The District may request the information in the Bond Register at any time the Paying Agent is customarily open for business, provided that reasonable time is allowed the Paying Agent to provide an up-to-date listing and to convert the information into written form. The Paying Agent will not release or disclose the content of the Bond Register to any person other than to the District at its written request, except upon receipt of a subpoena or court order or as may otherwise be required by law. Upon receipt of a subpoena or court order the Paying Agent will notify the District to the extent it is allowed by law to do so. Section 4.06. Cancelled Bonds. All Bonds surrendered for payment, transfer, exchange, or replacement, if surrendered to the Paying Agent, shall be promptly cancelled by it and, if surrendered to the District, shall be delivered to the Paying Agent, shall be promptly cancelled by the Paying Agent. The District may at any time deliver to the Paying Agent for cancellation any Bonds previously authenticated and delivered which the District may have acquired in any manner whatsoever, and all Bonds so delivered shall be promptly cancelled by the Paying Agent. All cancelled Bonds held by the Paying Agent for its retention period then in effect and shall thereafter be destroyed and evidence of such destruction furnished to the District. ARTICLE FIVE CUSTODIAN AND DISBURSING AGENT Section 5.01. Receipt of Moneys. The Paying Agent has received, from the Underwriter, the sum of $__________. Of such amount, (a) $__________ will be applied by the Paying Agent, as paying agent for the District’s General Obligation Bonds, Election of 2004, Series C (the “2004C Bonds”), on the Closing Date, to the redemption of the 2004C Bonds at a redemption price equal to the outstanding principal thereof, plus accrued interest to such date, (b) $__________ will be applied by the Paying Agent, as paying agent for the District’s General Obligation Bonds, Election of 2006, Series A (the “2006A Bonds”), on the Closing Date, to the redemption of the 2006A Bonds at a redemption price equal to the outstanding principal thereof, plus accrued interest to such date, (c) $__________ has been transferred to The Bank of New York Mellon Trust Company, N.A., as escrow bank (the “Escrow Bank”), to be applied to the defeasance of the District’s General Obligation Bonds, Election of 2006, Series B (the “2006B Bonds”), and (d) the remaining $_________ has been deposited in a special fund to be held and maintained by the Custodian and Disbursing Agent in the name of the District (the “Costs of Issuance Fund”). Section 5.02. No Investment. The Custodian and Disbursing Agent will hold funds in the Costs of Issuance Account in cash, uninvested, until November 2, 2017, or upon prior written order of the District. Section 5.03. Payment of Costs of Issuance. The Custodian and Disbursing Agent will pay costs of issuance of the Bonds as directed by the District from time to time via a written requisition of the District stating the person to whom payment is to be made, the amount to be paid, that such payment is proper charge against said fund and that payment for such charge has not previously been made and that Exhibit C Page 5 such payments shall be made by check or wire transfer in accordance with the payment instructions set forth in such requisition and the Custodian and Disbursing Agent shall rely on such payment instructions with no duty to investigate or inquire as to the authenticity of the payment instructions or the authority under which they were given. Section 5.04. Transfer of Remaining Amounts. Any balances remaining in the Costs of Issuance Account (including any earnings) on November 2, 2017, or upon the earlier written order of the District, will be transferred to the Contra Costa County Treasurer-Tax Collector for deposit in the Tax Collection Fund maintained for the District. Section 5.05. Limited Liability. The liability of the Custodian and Disbursing Agent as custodian and disbursing agent is limited to the duties listed above. The Custodian and Disbursing Agent in such capacity will not be liable for any action taken or neglected to be taken by it in good faith in any exercise of reasonable care and believed by it to be within the discretion of power conferred upon it by this Agreement. ARTICLE SIX THE PAYING AGENT Section 6.01. Duties of the Paying Agent. The Paying Agent undertakes to perform the duties set forth herein. No implied duties or obligations shall be read into this Agreement against the Paying Agent. The Paying Agent hereby agrees to use the funds deposited with it for payment of the principal of and interest on the Bonds to pay the same as it shall become due and further agrees to establish and maintain such accounts and funds as may be required for the Paying Agent to function as Paying Agent and in its capacity as custodian and disbursing agent to use the funds deposited with it for payment of costs of issuance as set forth in Article V hereof. Section 6.02. Reliance on Documents, Etc. (a) The Paying Agent may conclusively rely, as to the truth of the statements and correctness of the opinions expressed therein, on certificates or opinions expressed therein, on certificates or opinions furnished to the Paying Agent by the District. (b) The Paying Agent shall not be liable for any error of judgment made in good faith. The Paying Agent shall not be liable for other than its negligence or willful misconduct in connection with any act or omission hereunder. (c) No provision of this Agreement shall require the Paying Agent to expend or risk its own funds or otherwise incur any financial liability for performance of any of its duties hereunder, or in the exercise of any of its rights or powers. (d) The Paying Agent may rely, or be protected in acting or refraining from acting, upon any resolution, certificate, statement, instrument, opinion, report, notice, request, direction, consent, order, bond, note, security or other paper or document believed by it to be genuine and to have been signed or presented by the proper party or parties. The Paying Agent need not examine the ownership of any Bond, but shall be protected in acting upon receipt of Bonds containing an endorsement or instruction of transfer or power of transfer which appears on its face to be signed by the Registered Owner or agent of the Registered Owner. (e) The Paying Agent may consult with counsel, and the written advice or opinion of counsel shall be full authorization and protection with respect to any action taken, suffered or omitted by it hereunder in good faith and reliance thereon. (f) The Paying Agent may exercise any of the powers hereunder and perform any duties hereunder either directly or by or through agents or attorneys and shall not be liable for the actions of such agent or attorney if appointed by it with reasonable care. Exhibit C Page 6 (g) The Paying Agent shall not be responsible or liable for any failure or delay in the performance of its obligation under this Agreement arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, including, without limitation, acts of God; earthquakes; fire; flood; wars; terrorism; military disturbances; sabotage; epidemic; riots; interruptions; loss or malfunctions of utilities; computer (hardware or software) or communications services; accidents; labor disputes; acts of civil or military authority or governmental action; it being understood that Paying Agent shall use commercially reasonable efforts which are consistent with accepted practices in the banking industry to resume performance as soon as reasonably practicable under the circumstances. (h) The Paying Agent agrees to accept and act upon instructions or directions pursuant to this Agreement sent by unsecured e-mail, facsimile transmission or other similar unsecured electronic methods, provided, however, that the District shall provide to the Paying Agent an incumbency certificate listing designated persons authorized to provide such instructions, which incumbency certificate shall be amended whenever a person is to be added or deleted from the listing. If the District elects to give the Paying Agent e-mail or facsimile instructions (or instructions by a similar electronic method) and the Paying Agent in its discretion elects to act upon such instructions, the Paying Agent’s understanding of such instructions shall be deemed controlling. The Paying Agent shall not be liable for any losses, costs or expenses arising directly or indirectly from the Paying Agent’s reliance upon and compliance with such instructions notwithstanding such instructions conflict or are inconsistent with a subsequent written instruction. The District agrees to assume all risks arising out of the use of such electronic methods to submit instructions and directions to the Paying Agent, including without limitation the risk of the Paying Agent acting on unauthorized instructions, and the risk or interception and misuse by third parties. Section 6.03. Recitals of District. The recitals contained in the Bond Resolution and the Bonds shall be taken as the statements of the District, and the Paying Agent assumes no responsibility for their correctness. Section 6.04. May Own Bonds. The Paying Agent, in its individual or any other capacity, may become the owner or pledgee of Bonds with the same rights it would have if it were not the Paying Agent and Bond Registrar for the Bonds. Section 6.05. Money Held by the Paying Agent. Money held by the Paying Agent hereunder need not be segregated from other funds. The Paying Agent shall have no duties with respect to investment of funds deposited with it, except as expressly set forth herein, and shall be under no obligation to pay interest on any money received by it hereunder. Any money deposited with or otherwise held by the Paying Agent for the payment of the principal of or interest on any Bond and remaining unclaimed for two years after such deposit will be paid by the Paying Agent to the District, and the District and the Paying Agent agree that the Registered Owner of such Bond shall thereafter look only to the District for payment thereof, and that all liability of the Paying Agent with respect to such moneys shall thereupon cease. The Paying Agent shall furnish the District periodic cash transaction statements which include detail for all investment transactions effected by the Paying Agent or brokers selected by the District. Upon the District’s election, such statements will be delivered via the Paying Agent’s online service and upon electing such service, paper statements will be provided only upon request. The District waives the right to receive brokerage confirmations of security transactions effected by the Paying Agent as they occur, to the extent permitted by law. The District further understands that trade confirmations for securities transactions effected by the Paying Agent will be available upon request and at no additional cost and other trade confirmations may be obtained from the applicable broker. Section 6.06. Other Transactions. The Paying Agent may engage in or be interested in any financial or other transaction with the District. Section 6.07. Interpleader. The District and the Paying Agent agree that the Paying Agent may seek adjudication of any adverse claim, demand, or controversy over its person as well as funds on Exhibit C Page 7 deposit, in a court of competent jurisdiction. The District and the Paying Agent further agree that the Paying Agent has the right to file an action in interpleader in any court of competent jurisdiction to determine the rights of any person claiming any interest herein. Section 6.08. Indemnification. To the extent permitted by law, the District shall indemnify the Paying Agent, its officers, directors, employees and agents (“Indemnified Parties”) for, and hold them harmless against any loss, cost, claim, liability or expense arising out of or in connection with the Paying Agent’s acceptance or administration of the Paying Agent’s duties hereunder in its capacities as Paying Agent, Registrar, Transfer Agent or Custodian or under the Bond Resolution (except any loss, liability or expense as may be adjudged by a court of competent jurisdiction to be attributable to the Paying Agent’s negligence or willful misconduct), including the cost and expense (including its counsel fees) of defending itself against any claim or liability in connection with the exercise or performance of any of its powers or duties under this Agreement. Such indemnity shall survive the termination or discharge of this Agreement or discharge of the Bonds. ARTICLE SEVEN MISCELLANEOUS PROVISIONS Section 7.01. Amendment. This Agreement may be amended only by an agreement in writing signed by both of the parties hereto. Section 7.02. Assignment. This Agreement may not be assigned by either party without the prior written consent of the other party. Section 7.03. Notices. Any request, demand, authorization, direction, notice, consent, waiver or other document provided or permitted hereby to be given or furnished to the District or the Paying Agent shall be mailed or delivered to the District or the Paying Agent, respectively, at the following addresses, or such other address as may have been given by one party to the other by fifteen (15) days written notice. If to the District: Pittsburg Unified School District 1901 Arena Boulevard Pittsburg, CA 95834 Phone: (916) 567-5400 Fax: (916) 567-5464 wyoung@Pittsburgunified.org If to the Paying Agent: The Bank of New York Mellon Trust Company, N.A. Attn: Corporate Trust Services 350 California Street, 11th Floor San Francisco, CA 94104 Phone: (415) 273-2515 Fax: (415) 273-2492 AccountAdministration-Corporate.Trust@unionbank.com Section 7.04. Effect of Headings. The Article and Section headings herein are for convenience of reference only and shall not affect the construction hereof. Section 7.05. Successors and Assigns. All covenants and agreements herein by the District and the Paying Agent shall bind their successors and assigns, whether so expressed or not. Section 7.06. Severability. If any provision of this Agreement shall be determined to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions hereof shall not in any way be affected or impaired thereby. Exhibit C Page 8 Section 7.07. Benefits of Agreement. Nothing herein, express or implied, shall give to any Person, other than the parties hereto and their successors hereunder, any benefit or any legal or equitable right, remedy or claim hereunder. Section 7.08. Entire Agreement. This Agreement and the Bond Resolution constitute the entire agreement between the parties hereto relative to the Paying Agent acting in the capacities as Paying Agent, Transfer Agent and Bond Registrar for the Bonds and as Custodian and Disbursing Agent for the payment of costs of issuance relating to the Bonds. Section 7.09. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and all of which shall constitute one and the same Agreement. Section 7.10. Term and Termination. This Agreement shall be effective from and after its date and until the Paying Agent resigns or is removed in accordance with the Bond Resolution; provided, however, that no such termination shall be effective until a successor has been appointed and has accepted the duties of the Paying Agent hereunder. The District may remove the Paying Agent initially appointed, and any successor thereto, and may appoint a successor or successors thereto, but any such successor shall be a bank or trust company doing business in the State of California, having a combined capital (exclusive of borrowed capital) and surplus of at least fifty million dollars ($50,000,000), and subject to supervision or examination by federal or state authority. If such bank or trust company publishes a report of condition at least annually, pursuant to law or to the requirements of any supervising or examining authority above referred to, then for the purposes of this Section 7.10 the combined capital and surplus of such bank or trust company shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. The Paying Agent may at any time resign by giving written notice to the District and the Bondowners of such resignation. Upon receiving notice of such resignation, the District shall promptly appoint a successor Paying Agent by an instrument in writing. Any resignation or removal of the Paying Agent and appointment of a successor Paying Agent shall become effective upon acceptance of appointment by the successor Paying Agent. Section 7.11. Governing Law. This Agreement shall be construed in accordance with and shall be governed by the laws of the State of California. Section 7.12. Documents to be Filed with Paying Agent. The District shall file with the Paying Agent the following documents: (a) a certified copy of the Bond Resolution and a specimen Bond; (b) a copy of the opinion of bond counsel provided to the District in connection with the issuance of the Bonds; and (c) a District Request containing written instructions to the Paying Agent with respect to the issuance and delivery of the Bonds, including the name of the Registered Owners and the denominations of the Bonds. [Remainder of this page is intentionally left blank] Exhibit C Page 9 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. PITTSBURG UNIFIED SCHOOL DISTRICT By Enrique E. Palacios Deputy Superintendent THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., as Paying Agent By Brian Jensen Vice President Exhibit C Page 10 EXHIBIT A DEBT SERVICE SCHEDULE Interest Payment Allocable to the 2004C Bonds Allocable to the 2006A Bonds Allocable to the 2006B Bonds Date Principal Interest Total Principal Interest Total Principal Interest Total Total Exhibit D Page 1 EXHIBIT D FORM OF ESCROW AGREEMENT This Escrow Agreement (this “Escrow Agreement”), dated August 2, 2017, is by and between the PITTSBURG UNIFIED SCHOOL DISTRICT, a school district duly created and existing pursuant to the laws of the State of California (the “District”), and THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., a national banking association organized and existing under the laws of the United States of America, as escrow agent (the “Escrow Bank”). W I T N E S S E T H: WHEREAS, the District has heretofore caused the issuance of its Pittsburg Unified School District (Contra Costa County, California) General Obligation Bonds, Election of 2006, Series B, in the original principal amount of $35,000,000, issued for authorized school purposes, of which $31,315,000 principal amount remains outstanding (the “2006B Bonds”); WHEREAS, the 2006B Bonds were issued under and pursuant to resolutions of the Board of Supervisors of Contra Costa County and of the Board of Trustees of the District (collectively, the “2006B Bond Resolution”); WHEREAS, pursuant to Articles 9 and 11 of Chapter 3 (commencing with section 53550) of Division 2 of Title 5 of the California Government Code (the “Act”), the District is empowered to issue general obligation refunding bonds; WHEREAS, the District has determined that it is in the best interests of the District to refund all outstanding 2006B Bonds maturing on and after August 1, 2019 (the “Refunded 2006B Bonds”); WHEREAS, the Board, by resolution adopted on June 14, 2017 (the “Refunding Bond Resolution”), has authorized the issuance and sale of the District’s $___________ Pittsburg Unified School District (Contra Costa County, California) 2017 General Obligation Refunding Bonds (the “2017 Refunding Bonds”), and has determined to use a portion of the proceeds of the 2017 Refunding Bonds to provide for the payment of the interest on the Refunded 2006B Bonds to and including August 1, 2018, and the redemption of the Refunded 2006B Bonds in full on August 1, 2018 (the “Redemption Date”), at a redemption price equal to 100% of the principal amount thereof (the “Redemption Price”); WHEREAS, the District, in the Refunding Bond Resolution, has directed that a portion of the proceeds of the sale of the 2017 Refunding Bonds be deposited hereunder, and that such amount will be in an amount sufficient to provide for the payment and redemption of the Refunded 2006B Bonds as described above; and WHEREAS, the Escrow Bank has full powers to perform the duties and obligations to be undertaken by it pursuant to this Escrow Agreement; and NOW, THEREFORE, in consideration of the foregoing and of the mutual covenants herein set forth, the parties hereto do hereby agree as follows: Section 1. Discharge of Bonds. The District hereby irrevocably elects to pay and discharge all indebtedness payable by the District under the 2006B Bond Resolution with respect to the Refunded 2006B Bonds and to terminate all obligations of the District thereunder with respect thereto. Section 2. Escrow Fund. (a) There is hereby established a special fund, to be held by the Escrow Bank for the benefit of the owners of the Refunded 2006B Bonds, to be known as the “Escrow Fund.” Upon the issuance of the 2017 Exhibit D Page 2 Refunding Bonds, there shall be deposited into the Escrow Fund an amount equal to $__________, derived from the proceeds of the 2017 Refunding Bonds. (b) The Escrow Bank shall invest $__________ of the moneys deposited into the Escrow Fund pursuant to the preceding paragraph in the securities set forth in Exhibit A attached hereto and by this reference incorporated herein (the “Escrowed Federal Securities”) and shall hold the remaining $________ in cash, uninvested. The Escrowed Federal Securities and such cash shall be deposited with and held by the Escrow Bank in the Escrow Fund solely for the uses and purposes set forth herein. (c) The Escrow Bank may rely upon the conclusion of Causey Demgen & Moore, P.C., as contained in its opinion and accompanying schedules (the “Report”) dated August 2, 2017, that the Escrowed Federal Securities mature and bear interest payable in such amounts and at such times as, together with cash on deposit in the Escrow Fund, will be sufficient to pay the principal of an interest on the 2006B Bonds to and including August 1, 2018, and to redeem the outstanding 2006B Bonds in full on the Redemption Date at the Redemption Price. (d) The Escrow Bank shall not be liable or responsible for any loss resulting from its full compliance with the provisions of this Escrow Agreement. (e) Any money left on deposit in the Escrow Fund after payment in full of the 2006B Bonds, and the payment of all amounts due to the Escrow Bank hereunder, shall be paid to the District. Section 3. Instructions as to Application of Deposit. (a) The moneys and Escrowed Federal Securities deposited in the Escrow Fund pursuant to Section 2 shall be applied by the Escrow Bank for the sole purpose of paying the on the Refunded 2006B Bonds to and including August 1, 2018, and of redeeming the outstanding Refunded 2006B Bonds in full on the Redemption Date at the Redemption Price, all as set forth in Exhibit B attached hereto and by this reference incorporated herein. (b) The Escrow Bank, in its capacity as paying agent for the 2006B Bonds, is hereby requested, and the Escrow Bank, in its capacity as paying agent for the 2006B Bonds, hereby agrees to give notice of the defeasance of the Refunded 2006B Bonds in the form of defeasance notice attached hereto as Exhibit C. (c) The Escrow Bank, in its capacity as paying agent for the 2006B Bonds is hereby requested, and the Escrow Bank, as paying agent for the 2006B Bonds, hereby agrees to give timely notice of the redemption of the Refunded 2006B Bonds on the Redemption Date in accordance with the applicable provisions of the 2006B Bond Resolution and the form of redemption notice attached hereto as Exhibit D. Section 4. Investment of Any Remaining Moneys. The Escrow Bank shall invest and reinvest the proceeds received from any of the Escrowed Federal Securities, and the cash originally deposited into the Escrow Fund, for a period ending not later than the next succeeding interest payment date relating to the Refunded 2006B Bonds, in Federal Securities pursuant to written directions of the District; provided, however, that (a) such written directions of the District shall be accompanied by (i) a certification of an independent certified public accountant or firm of certified public accountants of favorable national reputation experienced in the refunding of obligations of political subdivisions that the Federal Securities then to be so deposited in the Escrow Fund, together with the cash then on deposit in the Escrow Fund, together with the interest to be derived therefrom, shall be in an amount at all times at least sufficient to make the payments specified in Section 3 hereof, and (ii) an opinion of nationally recognized bond counsel (“Bond Counsel”) that investment in accordance with such directions will not affect, for Federal income tax purposes, the exclusion from gross income of interest due with respect to the Refunded 2006B Bonds, and (b) if the District directs such investment or reinvestment to be made in United States Treasury Securities-State and Local Government Series, the District shall, at its cost, cause to be prepared all necessary subscription forms therefor in sufficient time to enable the Escrow Bank to acquire such securities. In the event that the District shall fail to file any such written directions with the Escrow Bank concerning the reinvestment of any such proceeds, such proceeds shall be held uninvested by the Escrow Bank. Any interest income resulting from investment or reinvestment of moneys pursuant to this Section Exhibit D Page 3 4 and not required for the purposes set forth in Section 2, as indicated by such verification, shall, promptly upon the receipt of such interest income by the Escrow Bank, be paid to the District. Section 5. Substitution or Withdrawal of Federal Securities. The District may, at any time, direct the Escrow Bank in writing to substitute Federal Securities for any or all of the Escrowed Federal Securities then deposited in the Escrow Fund, or to withdraw and transfer to the District any portion of the Federal Securities then deposited in the Escrow Fund, provided that any such direction and substitution or withdrawal shall be simultaneous and shall be accompanied by (a) a certification of an independent certified public accountant or firm of certified public accountants of favorable national reputation experienced in the refunding of obligations of political subdivisions that the Federal Securities then to be so deposited in the Escrow Fund together with interest to be derived therefrom, or in the case of withdrawal, the Federal Securities to be remaining in the Escrow Fund following such withdrawal together with the interest to be derived therefrom, together with the cash then on deposit in the Escrow Fund, shall be in an amount at all times at least sufficient to make the payments specified in Section 3 hereof; and (b) an opinion of Bond Counsel that the substitution or withdrawal will not affect, for Federal income tax purposes, the exclusion from gross income of interest on the Refunded 2006B Bonds. In the event that, following any such substitution of Federal Securities pursuant to this Section 5, there is an amount of moneys or Federal Securities in excess of an amount sufficient to make the payments required by Section 2 hereof, as indicated by such verification, such excess shall be paid to the District. Section 6. Compensation to Escrow Bank. The District shall pay the Escrow Bank full compensation for its duties under this Escrow Agreement, including out-of-pocket costs such as publication costs, prepayment or redemption expenses, legal fees and other costs and expenses relating hereto. Under no circumstances shall amounts deposited in the Escrow Fund be deemed to be available for said purposes. Section 7. Liabilities and Obligations of Escrow Bank. The Escrow Bank shall have no obligation to make any payment or disbursement of any type or incur any financial liability in the performance of its duties under this Escrow Agreement unless the District shall have deposited sufficient funds with the Escrow Bank. The Escrow Bank may rely and shall be protected in acting upon the written instructions of the District or its agents relating to any matter or action as Escrow Bank under this Escrow Agreement. The Escrow Bank and its respective successors, assigns, agents and servants shall not be held to any personal liability whatsoever, in tort, contract, or otherwise, in connection with the execution and delivery of this Escrow Agreement, the establishment of the Escrow Fund, the acceptance of the moneys deposited therein, the sufficiency of the uninvested moneys held hereunder to accomplish the purposes set forth herein, or any payment, transfer or other application of moneys by the Escrow Bank in accordance with the provisions of this Escrow Agreement or by reason of any non-negligent act, non- negligent omission or non-negligent error of the Escrow Bank made in good faith in the conduct of its duties. The recitals of fact contained in the “whereas” clauses herein shall be taken as the statement of the District, and the Escrow Bank assumes no responsibility for the correctness thereof. The Escrow Bank makes no representations as to the sufficiency of the uninvested moneys to accomplish the purposes set forth herein or to the validity of this Escrow Agreement as to the District and, except as otherwise provided herein, the Escrow Bank shall incur no liability in respect thereof. The Escrow Bank shall not be liable in connection with the performance of its duties under this Escrow Agreement except for its own negligence or willful misconduct, and the duties and obligations of the Escrow Bank shall be determined by the express provisions of this Escrow Agreement. The Escrow Bank may consult with counsel, who may or may not be counsel to the District, and in reliance upon the written opinion of such counsel shall have full and complete authorization and protection in respect of any action taken, suffered or omitted by it in good faith in accordance therewith. Whenever the Escrow Bank shall deem it necessary or desirable that a matter be proved or established prior to taking, suffering, or omitting any action under this Escrow Agreement, such matter (except the matters set forth herein as specifically requiring a certificate of a nationally recognized firm of independent certified public accountants or an opinion of counsel) may be deemed to be conclusively established by a written certification of the District. Anything in this Escrow Agreement to the contrary notwithstanding, in no event shall the Escrow Bank be liable for special, indirect, punitive or consequential loss or damage of any kind Exhibit D Page 4 whatsoever (including but not limited to lost profits), even if the Escrow Bank has been advised of the likelihood of such loss or damage and regardless of the form of action. The Escrow Bank shall have the right to accept and act upon instructions, including funds transfer instructions (“Instructions”) given pursuant to this Agreement and delivered using Electronic Means ("Electronic Means" shall mean the following communications methods: e-mail, facsimile transmission, secure electronic transmission containing applicable authorization codes, passwords and/or authentication keys issued by the Escrow Bank, or another method or system specified by the Escrow Bank as available for use in connection with its services hereunder.); provided, however, that the District shall provide to the Escrow Bank an incumbency certificate listing officers with the authority to provide such Instructions (“Authorized Officers”) and containing specimen signatures of such Authorized Officers, which incumbency certificate shall be amended by the District, whenever a person is to be added or deleted from the listing. If the District elects to give the Escrow Bank Instructions using Electronic Means and the Escrow Bank in its discretion elects to act upon such Instructions, the Escrow Bank’s understanding of such Instructions shall be deemed controlling. The District understands and agrees that the Escrow Bank cannot determine the identity of the actual sender of such Instructions and that the Escrow Bank shall conclusively presume that directions that purport to have been sent by an Authorized Officer listed on the incumbency certificate provided to the Escrow Bank have been sent by such Authorized Officer. The District shall be responsible for ensuring that only Authorized Officers transmit such Instructions to the Escrow Bank and that the District and all Authorized Officers are solely responsible to safeguard the use and confidentiality of applicable user and authorization codes, passwords and/or authentication keys upon receipt by the District. The Escrow Bank shall not be liable for any losses, costs or expenses arising directly or indirectly from the Escrow Bank’s reliance upon and compliance with such Instructions notwithstanding such directions conflict or are inconsistent with a subsequent written instruction. The District agrees: (i) to assume all risks arising out of the use of Electronic Means to submit Instructions to the Escrow Bank, including without limitation the risk of the Escrow Bank acting on unauthorized Instructions, and the risk of interception and misuse by third parties; (ii) that it is fully informed of the protections and risks associated with the various methods of transmitting Instructions to the Escrow Bank and that there may be more secure methods of transmitting Instructions than the method(s) selected by the District; (iii) that the security procedures (if any) to be followed in connection with its transmission of Instructions provide to it a commercially reasonable degree of protection in light of its particular needs and circumstances; and (iv) to notify the Escrow Bank immediately upon learning of any compromise or unauthorized use of the security procedures. The District hereby assumes liability for, and hereby agrees (whether or not any of the transactions contemplated hereby are consummated), to the extent permitted by law, to indemnify, protect, save and hold harmless the Escrow Bank and its respective successors, assigns, agents, officers, directors, employees and servants from and against any and all liabilities, obligations, losses, damages, penalties, claims, actions, suits, costs, expenses and disbursements (including legal fees and disbursements) of whatsoever kind and nature which may be imposed on, incurred by, or asserted against, at any time, the Escrow Bank (whether or not also indemnified against by any other person under any other agreement or instrument) and in any way relating to or arising out of the execution and delivery of this Escrow Agreement, the establishment of the Escrow Fund, the retention of the moneys therein and any payment, transfer or other application of moneys by the Escrow Bank in accordance with the provisions of this Escrow Agreement, or as may arise by reason of any act, omission or error of the Escrow Bank made in good faith in the conduct of its duties; provided, however, that the District shall not be required to indemnify the Escrow Bank against its own negligence or misconduct. The indemnities contained in this Section 7 shall survive the termination of this Escrow Agreement or the resignation or removal of the Escrow Bank. The District acknowledges that to the extent regulations of the Comptroller of the Currency or other applicable regulatory entity grant the District the right to receive brokerage confirmations of security transactions as they occur, the District specifically waives receipt of such confirmations to the extent permitted by law. The Escrow Bank will furnish the District monthly cash transaction statements which include detail for all investment transactions made by the Escrow Bank hereunder. Exhibit D Page 5 No provision of this Escrow Agreement shall require the Escrow Bank to expend or risk its own funds or otherwise incur any financial liability in the performance or exercise of any of its duties hereunder, or in the exercise of its rights or powers. The Escrow Bank may execute any of the trusts or powers hereunder or perform any duties hereunder either directly or by or through agents, attorneys, custodians or nominees appointed with due care and shall not be responsible for any willful misconduct or negligence on the part of any agent, attorney, custodian or nominee so appointed. The Escrow Bank may conclusively rely and shall be fully protected in acting or refraining from acting upon any resolution, certificate, statement, instrument, opinion, report, notice, request, consent, order, approval or other paper or document believed by it to be genuine and to have been signed or presented by the proper party or parties. The Escrow Bank may at any time resign by giving 30 days written notice of resignation to the District. Upon receiving such notice of resignation, either District shall promptly appoint a successor and, upon the acceptance by the successor of such appointment, release the resigning Escrow Bank from its obligations hereunder by written instrument, a copy of which instrument shall be delivered to each of the District, the resigning Escrow Bank and the successor. If no successor shall have been so appointed and have accepted appointment within 30 days after the giving of such notice of resignation, the resigning Escrow Bank may petition any court of competent jurisdiction for the appointment of a successor. Section 8. Amendment. This Escrow Agreement may be modified or amended at any time by a supplemental agreement which shall become effective when the written consents of the owners of one hundred percent (100%) in aggregate principal amount of the Refunded 2006B Bonds shall have been filed with the Escrow Bank. This Escrow Agreement may be modified or amended at any time by a supplemental agreement, without the consent of any such owners, but only (1) to add to the covenants and agreements of any party, other covenants to be observed, or to surrender any right or power herein or therein reserved to the District, (2) to cure, correct or supplement any ambiguous or defective provision contained herein, (3) in regard to questions arising hereunder or thereunder, as the parties hereto or thereto may deem necessary or desirable and which, in the opinion of counsel, shall not materially adversely affect the interests of the owners of the Refunded 2006B Bonds or the 2016 Refunding Bonds, and that such amendment will not cause interest on the Refunded 2006B Bonds or the 2016 Refunding Bonds to become subject to federal income taxation. In connection with any contemplated amendment or revocation of this Escrow Agreement, prior written notice thereof and draft copies of the applicable legal documents shall be provided by the District to each rating agency then rating the 2006B Bonds. Section 9. Notice of Escrow Bank and District. Any notice to or demand upon the Escrow Bank may be served and presented, and such demand may be made, at the corporate trust office of the Escrow Bank as specified by the Escrow Bank as 2006B Paying Agent in accordance with the provisions of the 2006B Bond Resolution. Any notice to or demand upon the District shall be deemed to have been sufficiently given or served for all purposes by being mailed by first class mail, and deposited, postage prepaid, in a post office letter box, addressed to such party as provided in the 2006B Bond Resolution (or such other address as may have been filed in writing by the District with the Escrow Bank). Section 10. Merger or Consolidation of Escrow Bank. Any company into which the Escrow Bank may be merged or converted or with which it may be consolidated or any company resulting from any merger, conversion or consolidation to which it shall be a party or any company to which the Escrow Bank may sell or transfer all or substantially all of its corporate trust business, provided such company shall be eligible to act as trustee under the 2006B Bond Resolution, shall be the successor hereunder to the Escrow Bank without the execution or filing of any paper or any further act. Section 11. Execution in Several Counterparts. This Escrow Agreement may be executed in any number of counterparts and each of such counterparts shall for all purposes be deemed to be an original; and all such counterparts shall together constitute but one and the same instrument. Exhibit D Page 6 Section 12. Governing Law. This Escrow Agreement shall be construed and governed in accordance with the laws of the State of California. Section 13. Severability. In case any one or more of the provisions contained in this Escrow Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions of this Escrow Agreement, but this Escrow Agreement shall be construed as if such invalid or illegal or unenforceable provisions had never been contained herein. Section 14. Counterparts. This Escrow Agreement may be executed in any number of counterparts and each of such counterparts shall for all purposes be deemed to be an original; and such counterparts, or as many of them as the District and the Escrow Bank shall preserve undestroyed, shall together constitute but one and the same instrument. Section 15. Business Days. Whenever any act is required by this Escrow Agreement to be done on a specified day or date, and such day or date shall be a day other than a business day for the Escrow Bank, then such act may be done on the next succeeding business day. [Remainder of this page is intentionally left blank] Exhibit D Page 7 IN WITNESS WHEREOF the parties hereto have caused this Escrow Agreement to be executed in their respective names by their respective duly authorized officers, all as of the day and year first above written. PITTSBURG UNIFIED SCHOOL DISTRICT By Enrique E. Palacios Deputy Superintendent THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., as Escrow Bank By Brian Jensen Vice President Exhibit D Page 8 SCHEDULE OF ESCROWED FEDERAL SECURITIES Type Maturity Coupon Principal Price Cost Accrued Total Exhibit D Page 9 EXHIBIT B REDEMPTION SCHEDULE Maturing Called Redemption Total Date Principal Principal Interest Premium Payment 02/01/18 — — — 08/01/18 — $30,710,000 — Exhibit D Page 10 EXHIBIT C NOTICE OF DEFEASANCE Pittsburg Unified School District (Contra Costa County, California) General Obligation Bonds, Election of 2006, Series 2007 Maturity Interest Amount Date Rate Defeased CUSIP No. 8/1/19 5.000% $ 665,000 724581 KY8 8/1/20 5.000 700,000 724581 KZ5 8/1/21 5.000 730,000 724581 LA9 8/1/22 5.000 770,000 724581 LB7 8/1/23 4.250 810,000 724581 LC5 8/1/24 4.375 845,000 724581 LD3 8/1/25 4.500 880,000 724581 LE1 8/1/26 4.750 920,000 724581 LF8 8/1/31 5.500 5,370,000 724581 LJ0 8/1/34 5.500 5,655,000 724581 LK7 8/1/39 5.625 13,365,000 724581 LL5 NOTICE IS HEREBY GIVEN, on behalf of the Pittsburg Unified School District (the “District”) to the owners of the outstanding General Obligation Bonds, Election of 2006, Series B, as described above (the “Bonds”), that pursuant to the resolutions authorizing the issuance of the Bonds (collectively, the “Resolution”), the lien of the Resolution with respect to the Bonds has been discharged through the irrevocable deposit of cash and U.S. Treasury securities in an escrow fund (the “Escrow Fund”). The Escrow Fund has been established and is being maintained pursuant to that certain Escrow Agreement, dated August 2, 2017, by and between the District and The Bank of New York Mellon Trust Company, N.A., as escrow bank (the “Escrow Bank”). As a result of such deposit, the Bonds are deemed to have been paid and defeased in accordance with the Resolution. The pledge of the funds provided for under the Resolution and all other obligations of the District to the owners of the defeased Bonds shall hereafter be limited to the application of moneys in the Escrow Fund for the payment of the Bonds as described below. As evidenced by the verification report delivered to the Escrow Bank, the cash and U.S. Treasury securities deposited in the Escrow Fund are calculated to provide sufficient moneys to pay the interest on the Bonds to and including August 1, 2018, and to redeem the outstanding Bonds in full on August 1, 2018 (the “Redemption Date”), at a redemption price equal to 100% of the principal amount thereof. From and after the Redemption Date, interest with respect to the Bonds shall cease to accrue and be payable. Dated: __________________, 2017 THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., as paying agent Exhibit D Page 11 EXHIBIT D FORM OF REDEMPTION NOTICE NOTICE OF FULL/FINAL REDEMPTION OF Pittsburg Unified School District (Contra Costa County, California) General Obligation Bonds, Election of 2006, Series 2007 Issue Maturity Amount Interest Redemption Redemption Date Date Redeemed Rate Premium Price CUSIP No. 5/27/09 8/1/19 $ 665,000 5.000 — $ 665,000 724581 KY8 5/27/09 8/1/20 700,000 5.000 — 700,000 724581 KZ5 5/27/09 8/1/21 730,000 5.000 — 730,000 724581 LA9 5/27/09 8/1/22 770,000 5.000 — 770,000 724581 LB7 5/27/09 8/1/23 810,000 4.250 — 810,000 724581 LC5 5/27/09 8/1/24 845,000 4.375 — 845,000 724581 LD3 5/27/09 8/1/25 880,000 4.500 — 880,000 724581 LE1 5/27/09 8/1/26 920,000 4.750 — 920,000 724581 LF8 5/27/09 8/1/31 5,370,000 5.500 — 5,370,000 724581 LJ0 5/27/09 8/1/34 5,655,000 5.500 — 5,655,000 724581 LK7 5/27/09 8/1/39 13,365,000 5.000 — 13,365,000 724581 LL5 NOTICE is hereby given that the Pittsburg Unified School District (the “District”) has called for redemption on August 1, 2018 (the “Redemption Date”), the outstanding General Obligation Bonds, Election of 2006, Series B, as described above (the “Bonds”), at a price equal to 100% of the principal amount thereof, plus accrued interest to the date fixed for redemption (the “Redemption Price”). On the Redemption Date, the Redemption Price will become due and payable upon each Bond and interest with respect thereto shall cease to accrue from and after the Redemption Date. Payment of principal will be made upon presentation on and after the Redemption Date, at the following addresses: If by Mail: The Bank of New York Mellon Trust Global Corporate Trust 111 Sanders Creek Parkway East Syracuse, NY 13057 If by Hand or Overnight Mail: The Bank of New York Mellon Global Corporate Trust Corporate Trust Window 101 Barclay Street, 1st Floor East New York, NY 10286 Owners of Bonds presenting their certificates in person for the same day payment must surrender their certificate by 1:00 p.m. on the prepayment date and a check will be available for pickup after 2:00 p.m. Checks not picked up by 4:30 p.m. will be mailed to the Bondholder by first class mail. Interest with respect to the principal amount designated to be redeemed shall cease to accrue on and after the Redemption Date. If payment of the Redemption Price is to be made to the registered owner of the Bond you are not required to endorse the Bond to collect the Redemption Price. Under the Economic Growth and Tax Relief Reconciliation Act of 2003 (the “Act”) 28% will be withheld if tax identification number is not properly certified. The Form W-9 may be obtained from the Internal Revenue Service. Exhibit D Page 12 Neither the District nor the paying agent shall be held responsible for the selection or use of the CUSIP number, nor is any representation made as to its correctness as shown in the Redemption Notice. It is included solely for convenience of the Holders. Dated: ________ ___, 2018 THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., as paying agent Exhibit E Page 1 EXHIBIT E FORM OF CONTINUING DISCLOSURE CERTIFICATE This Continuing Disclosure Certificate (the “Disclosure Certificate”) is executed and delivered by the PITTSBURG UNIFIED SCHOOL DISTRICT (the “District”) in connection with the issuance by the District of its $___________ Pittsburg Unified School District (Contra Costa County, California) 2017 General Obligation Refunding Bonds (the “Bonds”). The Bonds are being issued pursuant to a resolution adopted by the Board of Trustees of the District on June 14, 2017 (the “Bond Resolution”). The District covenants and agrees as follows: Section 1. Definitions. In addition to the definitions set forth in the Bond Resolution, which apply to any capitalized term used in this Disclosure Certificate, unless otherwise defined in this Section 1, the following capitalized terms shall have the following meanings when used in this Disclosure Certificate: “Annual Report” shall mean any Annual Report provided by the District pursuant to, and as described in, Sections 3 and 4 of this Disclosure Certificate. “Beneficial Owner” shall mean any person who (a) has the power, directly or indirectly, to vote or consent with respect to, or to dispose of ownership of, any Bonds (including persons holding Bonds through nominees, depositories or other intermediaries), or (b) is treated as the owner of any Bonds for federal income tax purposes. “Dissemination Agent” shall mean the PFM Financial Advisors, LLC, or any successor Dissemination Agent designated in writing by the District and which has filed with the District a written acceptance of such designation. In the absence of such a designation, the District shall act as the Dissemination Agent. “EMMA” or “Electronic Municipal Market Access” means the centralized on-line repository for documents to be filed with the MSRB, such as official statements and disclosure information relating to municipal bonds, notes and other securities as issued by state and local governments. “Listed Events” shall mean any of the events listed in Section 5(a) or 5(b) of this Disclosure Certificate. “MSRB” means the Municipal Securities Rulemaking Board, which has been designated by the Securities and Exchange Commission as the sole repository of disclosure information for purposes of the Rule, or any other repository of disclosure information which may be designated by the Securities and Exchange Commission as such for purposes of the Rule in the future. “Participating Underwriter” shall mean the original underwriter of the Bonds, required to comply with the Rule in connection with offering of the Bonds. “Rule” shall mean Rule 15c2-12 adopted by the Securities and Exchange Commission under the Securities Exchange Act of 1934, as the same may be amended from time to time. Section 2. Purpose of the Disclosure Certificate. This Disclosure Certificate is being executed and delivered by the District for the benefit of the owners and Beneficial Owners of the Bonds and in order to assist the Participating Underwriter in complying with Securities and Exchange Commission Rule 15c2- 12(b)(5). Section 3. Provision of Annual Reports. (a) Delivery of Annual Report. The District shall, or shall cause the Dissemination Agent to, not later than nine months after the end of the District’s fiscal year (which currently ends on June 30), commencing with the report for the 2016-17 Fiscal Year, which is due not later than March 31, 2018, file with EMMA, in a readable PDF or other electronic format as prescribed by the MSRB, an Annual Report Exhibit E Page 2 that is consistent with the requirements of Section 4 of this Disclosure Certificate. Notwithstanding the foregoing, the filing of the official statement prepared for the Bonds with EMMA shall satisfy the 2017 filing requirement. The Annual Report may be submitted as a single document or as separate documents comprising a package and may cross-reference other information as provided in Section 4 of this Disclosure Certificate; provided that the audited financial statements of the District may be submitted separately from the balance of the Annual Report and later than the date required above for the filing of the Annual Report if they are not available by that date. (b) Change of Fiscal Year. If the District’s fiscal year changes, it shall give notice of such change in the same manner as for a Listed Event under Section 5(c), and subsequent Annual Report filings shall be made no later than nine months after the end of such new fiscal year end. (c) Delivery of Annual Report to Dissemination Agent. Not later than fifteen (15) Business Days prior to the date specified in subsection (a) (or, if applicable, subsection (b)) of this Section 3 for providing the Annual Report to EMMA, the District shall provide the Annual Report to the Dissemination Agent (if other than the District). If by such date, the Dissemination Agent has not received a copy of the Annual Report, the Dissemination Agent shall notify the District. (d) Report of Non-Compliance. If the District is the Dissemination Agent and is unable to file an Annual Report by the date required in subsection (a) (or, if applicable, subsection (b)) of this Section 3, the District shall send a notice to EMMA, in a timely manner, substantially in the form attached hereto as Exhibit A. If the District is not the Dissemination Agent and is unable to provide an Annual Report to the Dissemination Agent by the date required in subsection (c) of this Section 3, the Dissemination Agent shall send a notice to EMMA, in a timely manner, in substantially the form attached hereto as Exhibit A. (e) Annual Compliance Certification. The Dissemination Agent shall, if the Dissemination Agent is other than the District, file a report with the District certifying that the Annual Report has been filed with EMMA pursuant to Section 3 of this Disclosure Certificate, stating the date it was so provided and filed. Section 4. Content of Annual Reports. The Annual Report shall contain or incorporate by reference the following: (a) Financial Statements. Audited financial statements of the District for the preceding fiscal year, prepared in accordance generally accepted accounting principles. If the District’s audited financial statements are not available by the time the Annual Report is required to be filed pursuant to Section 3(a), the Annual Report shall contain unaudited financial statements in a format similar to the financial statements contained in the final Official Statement, and the audited financial statements shall be filed in the same manner as the Annual Report when they become available. (b) Other Annual Information. To the extent not included in the audited final statements of the District, the Annual Report shall also include financial and operating data with respect to the District for preceding fiscal year, substantially similar to that provided in the corresponding tables and charts in the official statement for the Bonds, as follows: (i) the District’s most recent approved annual budget; (ii) the most recent assessed value of taxable property in the District; and (iii) if Contra Costa County no longer includes the tax levy for payment of the Bonds pursuant to the Teeter Plan, the most recent property tax levies, collections and delinquencies of the District. (c) Cross References. Any or all of the items listed above may be included by specific reference to other documents, including official statements of debt issues of the District or related public entities, which are available to the public on EMMA. The District shall clearly identify each such other document so included by reference. Exhibit E Page 3 If the document included by reference is a final official statement, it must be available from EMMA. (d) Further Information. In addition to any of the information expressly required to be provided under paragraph (b) of this Section 4, the District shall provide such further information, if any, as may be necessary to make the specifically required statements, in the light of the circumstances under which they are made, not misleading. Section 5. Reporting of Listed Events. (a) Reportable Events. The District shall, or shall cause the Dissemination (if not the District) to, give notice of the occurrence of any of the following events with respect to the Bonds: (1) Principal and interest payment delinquencies. (2) Unscheduled draws on debt service reserves reflecting financial difficulties. (3) Unscheduled draws on credit enhancements reflecting financial difficulties. (4) Substitution of credit or liquidity providers, or their failure to perform. (5) Defeasances. (6) Rating changes. (7) Tender offers. (8) Bankruptcy, insolvency, receivership or similar event of the obligated person. (9) Adverse tax opinions, the issuance by the Internal Revenue Service of proposed or final determinations of taxability, Notices of Proposed Issue (IRS Form 5701- TEB) or other material notices or determinations with respect to the tax status of the security, or other material events affecting the tax status of the security. Note: For the purposes of the event identified in subparagraph (8), the event is considered to occur when any of the following occur: the appointment of a receiver, fiscal agent or similar officer for an obligated person in a proceeding under the U.S. Bankruptcy Code or in any other proceeding under state or federal law in which a court or governmental authority has assumed jurisdiction over substantially all of the assets or business of the obligated person, or if such jurisdiction has been assumed by leaving the existing governmental body and officials or officers in possession but subject to the supervision and orders of a court or governmental authority, or the entry of an order confirming a plan of reorganization, arrangement or liquidation by a court or governmental authority having supervision or jurisdiction over substantially all of the assets or business of the obligated person. (b) Material Reportable Events. The District shall give, or cause to be given, notice of the occurrence of any of the following events with respect to the Bonds, if material: (1) Non-payment related defaults. (2) Modifications to rights of security holders. (3) Bond calls. (4) The release, substitution, or sale of property securing repayment of the securities. (5) The consummation of a merger, consolidation, or acquisition involving an obligated person or the sale of all or substantially all of the assets of the obligated person, other than in the ordinary course of business, the entry into a definitive agreement to undertake such an action or the termination of a definitive agreement relating to any such actions, other than pursuant to its terms. (6) Appointment of a successor or additional trustee, or the change of name of a trustee. (c) Time to Disclose. Whenever the District obtains knowledge of the occurrence of a Listed Event, the District shall, or shall cause the Dissemination Agent (if not the District) to, file a notice of such occurrence with EMMA, in an electronic format as prescribed by the MSRB, in a timely manner not in excess of 10 business days after the occurrence of the Listed Event. Notwithstanding the foregoing, notice of Listed Events described in subsections (a)(5) and (b)(3) above need not be given under this subsection any earlier than the notice (if any) of the underlying event is given to owners of affected Bonds under the Bond Resolution. Exhibit E Page 4 Section 6. Identifying Information for Filings with EMMA. All documents provided to EMMA under this Disclosure Certificate shall be accompanied by identifying information as prescribed by the MSRB. Section 7. Termination of Reporting Obligation. The District’s obligations under this Disclosure Certificate shall terminate upon the defeasance, prior redemption or payment in full of all of the Bonds. If such termination occurs prior to the final maturity of the Bonds, the District shall give notice of such termination in the same manner as for a Listed Event under Section 5(c). Section 8. Dissemination Agent. (a) Appointment of Dissemination Agent. The District may, from time to time, appoint or engage a Dissemination Agent to assist it in carrying out its obligations under this Disclosure Certificate and may discharge any such agent, with or without appointing a successor Dissemination Agent. If the Dissemination Agent is not the District, the Dissemination Agent shall not be responsible in any manner for the content of any notice or report prepared by the District pursuant to this Disclosure Certificate. It is understood and agreed that any information that the Dissemination Agent may be instructed to file with EMMA shall be prepared and provided to it by the District. The Dissemination Agent has undertaken no responsibility with respect to the content of any reports, notices or disclosures provided to it under this Disclosure Certificate and has no liability to any person, including any Bondholder, with respect to any such reports, notices or disclosures. The fact that the Dissemination Agent or any affiliate thereof may have any fiduciary or banking relationship with the District shall not be construed to mean that the Dissemination Agent has actual knowledge of any event or condition, except as may be provided by written notice from the District. (b) Compensation of Dissemination Agent. The Dissemination Agent shall be paid compensation by the District for its services provided hereunder in accordance with its schedule of fees as agreed to between the Dissemination Agent and the District from time to time and all expenses, legal fees and expenses and advances made or incurred by the Dissemination Agent in the performance of its duties hereunder. The Dissemination Agent shall not be deemed to be acting in any fiduciary capacity for the District, owners or Beneficial Owners, or any other party. The Dissemination Agent may rely, and shall be protected in acting or refraining from acting, upon any direction from the District or an opinion of nationally recognized bond counsel. The Dissemination Agent may at any time resign by giving written notice of such resignation to the District. The Dissemination Agent shall not be liable hereunder except for its negligence or willful misconduct. (c) Responsibilities of Dissemination Agent. In addition of the filing obligations of the Dissemination Agent set forth in Sections 3(e) and 5, the Dissemination Agent shall be obligated, and hereby agrees, to provide a request to the District to compile the information required for its Annual Report at least 30 days prior to the date such information is to be provided to the Dissemination Agent pursuant to subsection (c) of Section 3. The failure to provide or receive any such request shall not affect the obligations of the District under Section 3. Section 9. Amendment; Waiver. Notwithstanding any other provision of this Disclosure Certificate, the District may amend this Disclosure Certificate (and the Dissemination Agent shall agree to any amendment so requested by the District that does not impose any greater duties or risk of liability on the Dissemination Agent), and any provision of this Disclosure Certificate may be waived, provided that all of the following conditions are satisfied: (a) Change in Circumstances. If the amendment or waiver relates to the provisions of Sections 3(a), 4 or 5(a) or (b), it may only be made in connection with a change in circumstances that arises from a change in legal requirements, change in law, or change in the identity, nature, or status of an obligated person with respect to the Bonds, or the type of business conducted. (b) Compliance as of Issue Date. The undertaking, as amended or taking into account such waiver, would, in the opinion of a nationally recognized bond counsel, have complied with the requirements of Exhibit E Page 5 the Rule at the time of the original issuance of the Bonds, after taking into account any amendments or interpretations of the Rule, as well as any change in circumstances. (c) Consent of Holders; Non-impairment Opinion. The amendment or waiver either (i) is approved by the Bondholders in the same manner as provided in the Bond Resolution for amendments to the Bond Resolution with the consent of Bondholders, or (ii) does not, in the opinion of nationally recognized bond counsel, materially impair the interests of the Bondholders or Beneficial Owners. If this Disclosure Certificate is amended or any provision of this Disclosure Certificate is waived, the District shall describe such amendment or waiver in the next following Annual Report and shall include, as applicable, a narrative explanation of the reason for the amendment or waiver and its impact on the type (or in the case of a change of accounting principles, on the presentation) of financial information or operating data being presented by the District. In addition, if the amendment relates to the accounting principles to be followed in preparing financial statements, (i) notice of such change shall be given in the same manner as for a Listed Event under Section 5(c), and (ii) the Annual Report for the year in which the change is made should present a comparison (in narrative form and also, if feasible, in quantitative form) between the financial statements as prepared on the basis of the new accounting principles and those prepared on the basis of the former accounting principles. Section 10. Additional Information. Nothing in this Disclosure Certificate shall be deemed to prevent the District from disseminating any other information, using the means of dissemination set forth in this Disclosure Certificate or any other means of communication, or including any other information in any Annual Report or notice of occurrence of a Listed Event, in addition to that which is required by this Disclosure Certificate. If the District chooses to include any information in any Annual Report or notice of occurrence of a Listed Event in addition to that which is specifically required by this Disclosure Certificate, the District shall have no obligation under this Disclosure Certificate to update such information or include it in any future Annual Report or notice of occurrence of a Listed Event. Section 11. Default. In the event of a failure of the District to comply with any provision of this Disclosure Certificate, any Bondholder or Beneficial Owner may take such actions as may be necessary and appropriate, including seeking mandate or specific performance by court order, to cause the District to comply with its obligations under this Disclosure Certificate. The sole remedy under this Disclosure Certificate in the event of any failure of the District to comply with this Disclosure Certificate shall be an action to compel performance. Section 12. Duties, Immunities and Liabilities of Dissemination Agent. The Dissemination Agent shall have only such duties as are specifically set forth in this Disclosure Certificate, and no implied covenants or obligations shall be read into this Disclosure Certificate against the Dissemination Agent, and the District agrees to indemnify and save the Dissemination Agent, its officers, directors, employees and agents, harmless against any loss, expense and liabilities which it may incur arising out of or in the exercise or performance of its powers and duties hereunder, including the costs and expenses (including attorneys’ fees and expenses) of defending against any claim of liability, but excluding liabilities due to the Dissemination Agent’s negligence or willful misconduct. The Dissemination Agent shall have the same rights, privileges and immunities hereunder as are afforded to the Paying Agent under the Bond Resolution. The obligations of the District under this Section 12 shall survive resignation or removal of the Dissemination Agent and payment of the Bonds. Exhibit E Page 6 Section 13. Beneficiaries. This Disclosure Certificate shall inure solely to the benefit of the District, the Dissemination Agent, the Participating Underwriter and the owners and Beneficial Owners from time to time of the Bonds, and shall create no rights in any other person or entity. Date: August 2, 2017 PITTSBURG UNIFIED SCHOOL DISTRICT By Enrique E. Palacios Deputy Superintendent ACKNOWLEDGED: PFM FINANCIAL ADVISORS LLC, as Dissemination Agent By Authorized Officer Exhibit E Page 7 EXHIBIT A NOTICE TO EMMA OF FAILURE TO FILE ANNUAL REPORT Name of Issuer: Pittsburg Unified School District Name of Issue: $___________ Pittsburg Unified School District (Contra Costa County, California) 2017 General Obligation Refunding Bonds Date of Issuance: August 2, 2017 NOTICE IS HEREBY GIVEN that the Obligor has not provided an Annual Report with respect to the above-named Issue as required by the Continuing Disclosure Certificate, dated August 2, 2017, furnished by the Issuer in connection with the Issue. The Issuer anticipates that the Annual Report will be filed by _____________. Dated: ______________________ PFM FINANCIAL ADVISORS LLC, as Dissemination Agent By Title cc: Paying Agent