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HomeMy WebLinkAboutMINUTES - 07122016 - Comp Min PktCALENDAR 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 CANDACE ANDERSEN, CHAIR, 2ND DISTRICT MARY N. PIEPHO, VICE CHAIR, 3RD DISTRICT JOHN GIOIA, 1ST DISTRICT KAREN MITCHOFF, 4TH DISTRICT FEDERAL D. GLOVER, 5TH 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 12, 2016                  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, Local1021; 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 Empl. Int’l Union United Health Care Workers West; 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)) County of San Joaquin, et al. v. Metropolitan Water District of Southern California, et al., San Joaquin County Superior Court Case No. STK-CV-UWM-2016-3596 and California Court of Appeal, Third Appellate District Case No. C082154 1. C. CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION Initiation of litigation pursuant to Gov. Code, § 54956.9(d)(4): One potential case. By unanimous vote of the Supervisors present (Gioia absent), the Board voted to initiate litigation. The Board will disclose the specifics on inquiry once the litigation has been formally commenced. July 12, 2016 Contra Costa County Board of Supervisors 1 will disclose the specifics on inquiry once the litigation has been formally commenced. 9:30 a.m. Call to order and opening ceremonies. Inspirational Thought- "The summer night is like a perfection of thought." ~Wallace Stevens Present: Candace Andersen, District II Supervisor; Mary N. Piepho, District III Supervisor; Karen Mitchoff, District IV Supervisor; Federal D. Glover, District V Supervisor Absent: John Gioia, District I Supervisor Staff Present:David Twa, County Administrator Sharon Anderson, County Counsel     CONSIDER CONSENT ITEMS (Items listed as C.1 through C.129 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 to recognize the District Attorney's Office summer college and high school interns. (Supervisor Andersen)   DISCUSSION ITEMS   D. 1 CONSIDER Consent Items previously removed.    Consent items C.21, C.22 and C.23 were removed to allow for public commentary and subsequently adopted as presented.   D. 2 PUBLIC COMMENT (3 Minutes/Speaker)    The following people provided commentary on issues encountered at elections during the voting for Primary Election on June 7, 2016, including reflection of wrong party affiliation, not being present on the roll, requiring the use of provisional ballot, a better phone system to reach the Registrar of Voters, and insufficiently trained poll workers; Scott Rafferty, resident of Walnut Creek; Skye Knight Dent, resident of Kensington (handout attached); Nancy Pratt, Poll Observer, (handout attached); William Francis Klein, Ed.D, resident of Concord; Eric Reynolds, resident of Walnut Creek; Luci Riley, resident of Richmond; Marios Roberto Morataya, resident of San Pablo; Ady Olvera, Voter Rights Task Force; Gordon Miller, resident of Walnut Creek; Michael E. Kerr, resident of Bay Point; Shari Morfin, resident of Walnut Creek; Kathy Greene, Voter Rights Task Force; The following members of SEIU Local 1021 spoke on the need for higher wages and less costly medical benefits to address serious issues in hiring and employee retention: Sue Melson, resident of Walnut Creek; Kim Carter Martinez, resident of Oakland (handout attached); Peggy Bishop, resident of Vallejo; Karl Araney, resident of El Sobrante; Kellie Smith; Kendra Crenshaw, resident of Walnut Creek; Vickey Dominguez, resident of Clayton; Susan Austin Brown, resident of Antioch; Okee Nwadigo, resident of Pittsburg; Ralph Hoffmann, resident of Walnut Creek, spoke on the tragic murder of 5 police officers at a peaceful protest in Dallas, Texas on July 7 2016.   D. 3 CONSIDER waiving the 180-day "sit-out-period" for Jeri Noble, retired Physical Therapist II in the Health Services Department, and APPROVE and AUTHORIZE the temporary County retiree employment of Jeri Noble for the period of July 18, 2016 through July 17, 2017. (William Walker, M.D., Health Services Director)        July 12, 2016 Contra Costa County Board of Supervisors 2  AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) D. 4 CONSIDER adopting Resolution No. 2016/449 supporting a Countywide one-half of one percent sales tax to fund transportation improvements in Contra Costa, and approving a transportation expenditure plan and related actions. (John Kopchik, Conservation and Development Director)        AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) D. 5 CONSIDER approving implementation of a 5.93% increase in solid waste collection rates charged to residential, commercial, and light industrial customers in the unincorporated areas served by Garaventa Enterprises under the County's Franchise Agreement. (Deidra Dingman, Department of Conservation and Development)        AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) D. 6 HEARING on the itemized costs of abatement for property located at 4090 La Colina Rd., El Sobrante, California (Granite Ranch Opportunities, Owner). (Jason Crapo, Department of Conservation and Development)       CLOSED the hearing; DETERMINED the cost of all abatement work and all administrative costs to be $11,988.65; ORDERED the itemized report confirmed and DIRECTED that it be filed with the Clerk of the Board of Supervisors; ORDERED the costs to be specially assessed against the above-referenced property and AUTHORIZED the recordation of a Notice of Abatement Lien.     AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) D. 7 CONSIDER adopting Resolution No. 2016/436 approving the Memorandum of Understanding with Teamsters, Local 856, for the period July 1, 2016 through June 30, 2019. (David Twa, County Administrator)       AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) D. 8 CONSIDER adopting Resolution No. 2016/446 approving the Memorandum of Understanding with AFSCME 512, for the period July 1, 2016 through June 30, 2019; and AUTHORIZE correction to specified employees' pay. (David Twa, County Administrator)       AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) D. 9 CONSIDER adopting Resolution No. 2016/445, approving the side letter between Contra Costa County and AFSCME, Local 2700 to revise Section 5.1 and Section 49 of the Memorandum of Understanding regarding term and wages. (David Twa, County Administrator)        July 12, 2016 Contra Costa County Board of Supervisors 3  AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) D.10 CONSIDER adopting Resolution No. 2016/447 approving the Side Letter between Contra Costa County and the Physicians’ and Dentists’ Organization of Contra Costa regarding health plan coverage. (David Twa, County Administrator)        AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) D.11 CONSIDER adopting Resolution No. 2016/448, which supersedes Resolution No. 2016/322, regarding compensation and benefits for the County Administrator, County Elected and Appointed Department Heads, Management, Exempt, and Unrepresented employees to reflect changes, as recommended by the County Administrator. (David Twa, County Administrator)        AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) D. 12 CONSIDER reports of Board members.    Supervisor Federal Glover requested a moment of silence for all victims of violence in the last weeks.   Closed Session   ADJOURN IN MEMORY OF ALFRED P. LOMELI Former Contra Costa County Treasurer-Tax Collector (1978-1999)   CONSENT ITEMS   Road and Transportation   C. 1 ADOPT Resolution No. 2016/374 supporting complete streets in the County and approving the Complete Streets Policy of Contra Costa County, as recommended by the Conservation and Development Director.       Speakers: Bruce Ohlson, Bike East Bay (handout attached).     AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) C. 2 APPROVE the Orwood Road Bridge Replacement Project contingency fund increase of $200,000 for a new contingency fund total of $998,445, and a new payment limit of $8,982,894, effective July 12, 2016, as recommended by the Public Works Director; APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a contract change order with Flatiron West, Inc., Brentwood area. (100% Federal Highway Bridge Replacement Funds)        July 12, 2016 Contra Costa County Board of Supervisors 4  AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) Engineering Services   C. 3 ADOPT Resolution No. 2016/424 accepting completion of improvements for subdivision SD08-09247 for a project developed by Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corporation, as recommended by the Public Works Director, San Ramon (Dougherty Valley) area. (No fiscal impact)       AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) C. 4 ADOPT Resolution No. 2016/426 accepting completion of the warranty period for the Subdivision Agreement (Right-of-Way Landscaping) and release of cash deposit for faithful performance, for landscape improvements for PA06-00039, for a project developed by Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corporation, as recommended by the Public Works Director, San Ramon (Dougherty Valley) area. (100% Developer Fees)       AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) C. 5 ADOPT Resolution No. 2016/425 ratifying the prior decision of the Public Works Director, or designee, to partially close Fred Jackson Way between Market Avenue and Chesley Avenue, on July 4, 2016 from 9:00 a.m. through 3:00 p.m., for the purpose of the 4th of July parade and festival, N. Richmond area. (No fiscal impact)       AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) C. 6 ADOPT Resolution No. 2016/430 approving the third extension of the Road Improvement Agreement (Right-of-Way Landscaping) for road acceptance RA04-01168, for a project being developed by Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corporation, as recommended by the Public Works Director, San Ramon (Dougherty Valley) area. (No fiscal impact)       AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) C. 7 ADOPT Resolution No. 2016/431 approving the fourth extension of the Subdivision Improvement Agreement (Right-of-Way Landscaping) for subdivision SD08-09165, for a project being developed by Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corporation, as recommended by the Public Works Director, San Ramon (Dougherty Valley) area. (No fiscal impact)        AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) C. 8 ADOPT Resolution No. 2016/456 ratifying the prior decision of the Public Works Director, or    July 12, 2016 Contra Costa County Board of Supervisors 5 C. 8 ADOPT Resolution No. 2016/456 ratifying the prior decision of the Public Works Director, or designee, to fully close all of Rolph Avenue, on July 17, 2016 from 6:00 a.m. through 8:00 p.m., for the purpose of the 8th Annual Sugartown Festival, Crockett area. (No fiscal impact)       AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) Special Districts & County Airports   C. 9 APPROVE and AUTHORIZE the Director of Airports, or designee, to execute a month-to-month hangar rental agreement with Savvas Papaiacovou for a shade hangar at Buchanan Field Airport effective June 27, 2016 in the monthly amount of $177.07. (100% Airport Enterprise Fund)       AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) C. 10 APPROVE and AUTHORIZE the Director of Airports, or designee, to execute a month-to-month hangar rental agreement with Robert Worthington, Trustee of the Worthington Family Trust, for a shade hangar at Buchanan Field Airport effective June 28, 2016 in the monthly amount of $177.07. (100% Airport Enterprise Fund)       AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) C. 11 APPROVE and AUTHORIZE the Director of Airports, or designee, to execute a month-to-month hangar rental agreement with Christopher Ranker for a shade hangar at Buchanan Field Airport effective July 11, 2016 in the monthly amount of $177.07. (100% Airport Enterprise Fund)        AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) C. 12 APPROVE the design and bid documents, including the plans and specifications, for the El Sobrante, Mini Park Improvements at 4191 Appian Way, El Sobrante and AUTHORIZE the Public Works Director, or designee, to solicit bids to be received on or about August 11, 2016, El Sobrante area. (65% East Bay Regional Park District Measure WW Local Grant Program, 27% Park Dedication and 8% Library Funds)        AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) C. 13 ADOPT Resolution No. 2016/435 calling for an appropriations limit increase election on November 8, 2016 for County Service Area (CSA) R-7A, as recommended by the Public Works Director, Alamo area. (100% CSA R-7A Funds)       AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) C. 14 APPROVE and AUTHORIZE the Director of Airports, or designee, to execute a license agreement    July 12, 2016 Contra Costa County Board of Supervisors 6 C. 14 APPROVE and AUTHORIZE the Director of Airports, or designee, to execute a license agreement with Dennis Lopez for livestock grazing of the Brushy Creek Conservation Bank property at Byron Airport effective July 1, 2016. (100% Airport Enterprise Fund)       AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) C. 15 APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a construction contract with Suarez & Munoz in the amount of $1,098,000, for improvements for the Hemme Station Park, 1193 Danville Boulevard, Alamo area. (100% County Service Area R-7A Funds)       AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) C. 16 APPROVE and AUTHORIZE the Chief Engineer, Flood Control and Water Conservation District, to execute a grant agreement with California Department of Water Resources and American Rivers, Inc., for the Three Creeks Restoration Project of Marsh Creek, Brentwood area. (27% California Department of Water Resources Grant Funds, 72% American Rivers, Inc. Funds, and 1% Flood Control Zone 1 Funds)        AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) C. 17 APPROVE and AUTHORIZE the Director of Airports, or designee, to execute a month-to-month hangar rental agreement with Fred McDonald for a large T-hangar at Buchanan Field Airport effective July 1, 2016 in the monthly amount of $748.23. (100% Airport Enterprise Fund)        AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) Claims, Collections & Litigation   C. 18 AUTHORIZE the discharge from accountability for the account of Home Solutions 4 You (Diana Wilde) totaling $403.43, which has been deemed uncollectible, as recommended by the Chief Information Officer-Department of Information Technology.        AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) C. 19 DENY late claim filed by Cianna Wall.      AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) Statutory Actions   C. 20 APPROVE Board meeting minutes for May and June 2016, as on file with the Office of the Clerk of    July 12, 2016 Contra Costa County Board of Supervisors 7 C. 20 APPROVE Board meeting minutes for May and June 2016, as on file with the Office of the Clerk of the Board.       AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) Honors & Proclamations   C. 21 ADOPT Resolution No. 2016/450 recognizing Doug Sibley for his many contributions as a volunteer on the Alcohol and Other Drugs Advisory Board, as recommended by the Health Services Director.       Speaker: Ralph Hoffmann, resident of Walnut Creek.    AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) C. 22 ADOPT Resolution No. 2016/451 recognizing Jim Doyle for his many contributions as a volunteer in the Alcohol and Other Drugs Advisory Board, as recommended by the Health Services Director.       Speaker: Ralph Hoffmann, resident of Walnut Creek.   C. 23 ADOPT Resolution No. 2016/452 recognizing Shirley Cheney for her many contributions as a volunteer on the Alcohol and Other Drugs Advisory Board, as recommended by the Health Services Director.       Speaker: Ralph Hoffmann, resident of Walnut Creek.     AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) C. 24 ADOPT Resolution No. 2016/454 recognizing the contributions of Steve Silveira, on the occasion of his retirement from the Public Works Department, as recommended by the Public Works Director. (No fiscal impact)        AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) Hearing Dates   C. 25 ADOPT Resolution No. 2016/442 accepting the Chief Engineer’s Report for Annexation No. 4 to Drainage Area 67A, for Subdivision 9366, and FIX a public hearing for September 13, 2016, at 9:30 a.m. in compliance with Proposition 218, as recommended by the Chief Engineer, Flood Control and Water Conservation District, Walnut Creek area. (100% Drainage Area 67A Funds)        AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) July 12, 2016 Contra Costa County Board of Supervisors 8 Other: District I Supervisor John Gioia (ABSENT) Appointments & Resignations   C. 26 REAPPOINT Samuel Yoshioka to the District IV Family seat on the Mental Health Commission, as recommended by Supervisor Mitchoff.       AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) C. 27 APPOINT Kristin Haegeland as the Pinole Local Committee representative on the Advisory Council on Aging, as recommended by the Pinole Advisory Council and the Employment and Human Services Department Director.       AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) C. 28 ACCEPT the resignation of James Wright, DECLARE vacant Seat 1 on the Contra Costa County Historical Landmarks Advisory Committee, and DIRECT the Clerk of the Board to post the vacancy, as recommended by the Conservation and Development Director.        AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) C. 29 ACCEPT the resignation of David Meza, DECLARE a vacancy in the North Richmond Resident seat on the North Richmond Municipal Advisory Council, and DIRECT the Clerk of the Board to post the vacancy, as recommended by Supervisor Gioia.       AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) C. 30 APPROVE and ACCEPT the results of the Contra Costa County Employees' Retirement Association Board Election conducted on June 14, 2016 and appointments in lieu of election for specified candidates, as on file in the Contra Costa County elections Division, as recommended by the Clerk-Recorder. (No fiscal impact)       AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) C. 31 ADOPT Resolution No. 2016/432 to appoint Supervisor Karen Mitchoff as the Board of Supervisors' representative to the Contra Costa Family Justice Alliance, as recommended by Supervisor Andersen.        AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) C. 32 REASSIGN Clover Mahn from Seat 6 to Seat 2, and ABOLISH Seats 6 and 7, thereby reducing the    July 12, 2016 Contra Costa County Board of Supervisors 9 C. 32 REASSIGN Clover Mahn from Seat 6 to Seat 2, and ABOLISH Seats 6 and 7, thereby reducing the number of authorized seats on the Rodeo Municipal Advisory Council from seven to five, as recommended by Supervisor Glover.       AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) C. 33 REAPPOINT Antwon Cloird to the District 1-C seat on the Alcohol and Other Drugs Advisory Board, as recommended by Supervisor Gioia.        AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) C. 34 APPOINT Douglas Knowles to the Member at Large #11 seat on the Advisory Council on Aging, as recommended by the Family and Human Services Committee.       AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) C. 35 ACCEPT resignation of James Ryan, DECLARE a vacancy in the District IV-B seat on the Alcohol and Other Drugs Advisory Board, and DIRECT the Clerk of the Board to post the vacancy, as recommended by Supervisor Mitchoff.       AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) C. 36 APPROVE the medical staff and Travis resident appointments and reappointments, additional privileges, department change request, medical staff advancement, and a revised re-entry plan as recommended by the Health Services Director and by the Medical Staff Executive Committee, at their June 20, 2016 meeting.        AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) Appropriation Adjustments   C. 37 EMS Transport Fund (7040): APPROVE Appropriation and Revenue Adjustment No. 5080 authorizing new revenue in the amount of $3,000,000 in the Contra Costa County Fire Protection District EMS Transport Fund (7040) and appropriating it to fund expenditures related to the provision of ambulance transport services within Contra Costa County. (100% Transport Reimbursement revenue)       AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) C. 38 CSA P-6 Zones (Misc.): APPROVE Appropriations and Revenue Adjustment No. 5079 authorizing    July 12, 2016 Contra Costa County Board of Supervisors 10 C. 38 CSA P-6 Zones (Misc.): APPROVE Appropriations and Revenue Adjustment No. 5079 authorizing new revenue in the amount of $87,300 in various special tax levy zones within County Service Area P-6 for fiscal year 2015/16 and appropriating it for the provision of extended law enforcement services. (100% CSA P-6 Special Tax revenue)        AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) Personnel Actions   C. 39 ADOPT Position Adjustment Resolution No. 21876 to reallocate the salary of Health Services Department classifications of Pharmacist I and Pharmacist II (represented). (100% Enterprise Fund I )       RELISTED to a future date undetermined.   C. 40 ADOPT Position Adjustment Resolution No. 21872 to add one Victim/Witness Assistance Program Specialist (represented) position in the District Attorney's Office, Victim's Compensation Program. (100% State) (Consider with C.42)       AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) Leases   C. 41 APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a ten-year build-to-suit lease with the City of San Pablo on approximately 5.88 acres of land near Gateway Avenue at an initial rent of approximately $155,400 with annual increases thereafter, San Pablo area. (100% General Fund)        AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) Grants & Contracts   APPROVE and AUTHORIZE execution of agreements between the County and the following agencies for receipt of fund and/or services:   C. 42 ADOPT Resolution No. 2016/423 approving and authorizing the District Attorney, or designee, to execute a contract, including any extensions or amendments thereof pursuant to state guidelines, with the California Victim Witness Compensation and Government Claims Board in an amount not to exceed $149,184 to fund a Victim Witness Assistance Program Specialist position for the period July 1, 2016 through June 30, 2017. (100% State) (Consider with C.40)       AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) C. 43 APPROVE and AUTHORIZE the Interim County Librarian, or designee, to apply for and accept a    July 12, 2016 Contra Costa County Board of Supervisors 11 C. 43 APPROVE and AUTHORIZE the Interim County Librarian, or designee, to apply for and accept a grant in the amount of $1,000 from the Richmond Community Foundation to provide books and programs at the San Pablo Library for the period July 1 through September 30, 2016. (No Library Fund match)       AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) C. 44 APPROVE and AUTHORIZE the Interim County Librarian, or designee, to apply for and accept a grant in the amount of $1,000 from the Richmond Community Foundation to provide books and library services at Project Pride, North Richmond, for the period July 1 through September 30, 2016. (No Library Fund match)       AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) C. 45 APPROVE and AUTHORIZE the Interim County Librarian, or designee, to apply for and accept a grant in the amount of $500 from the Ezra Jack Keats Foundation to provide programs and services at the San Pablo Library for the period May 15, 2016 through June 1, 2017. (No Library Fund match)        AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) C. 46 RATIFY the Health Services Director's, or designee's, execution of a contract amendment with the California Department of Public Health, effective December 1, 2015 to increase the total amount payable to County by $87,353 to a new total Payment Limit of $4,302,296 for continuation of the Public Health Emergency Preparedness, Hospital Preparedness Program and Comprehensive Program, with no change in the term of July 1, 2014 through June 30, 2017. (No County match)        AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) C. 47 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Sutter East Bay Hospitals, to pay the County an amount not to exceed $10,000 to support microbiological testing services, for Sutter Delta Medical Center, at Contra Costa County Public Health Laboratory for the period from June 1, 2016 through May 31, 2018. (No County match)        AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) C. 48 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute an amendment with California Department of Public Health, effective October 1, 2015, to increase the payment to County by $318,855, to a new total not to exceed $17,851,330, to make technical adjustments to the budget for the continuation of the Supplemental Food Program for Women, Infants and Children (WIC), with no change in the original term of October 1, 2015 through September 30, 2019. (No County match)        AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT)    July 12, 2016 Contra Costa County Board of Supervisors 12 C. 49 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute an amendment with the California Department of Public Health, effective July 1, 2016, to increase the amount payable to County by $81,214 to a new total payment limit not to exceed $757,457 to provide additional funds for the continuation of the Public Health Division’s Childhood Lead Poisoning Prevention Project, with no change in the original term of July 1, 2014 through June 30, 2017. (No County match)        AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) C. 50 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with the California Department of Public Health, Nutrition Education and Obesity Prevention Program, in an amount payable to the County not to exceed $3,246,108, for the “County’s Nutrition and Physical Activity Promotion” Project, for the period from October 1, 2016 through September 30, 2019. (No County match)        AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) C. 51 ADOPT Resolution No. 2016/443 authorizing the Sheriff-Coroner, or designee, to apply for and accept State Homeland Security Grant Program funds in an initial amount of $1,200,036 from the California Governor’s Office of Emergency Services, make required grant assurances and authorize specified Sheriff’s Office officials to act on behalf of the County to obtain funding for the period of September 1, 2016 through the end of grant fund availability. (100% Federal)        AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) C. 52 APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to apply for and execute a contract, including modified indemnification language, to accept funding from the California Department of Community Services and Development in an amount not to exceed $17,000 for Community Services Block Grant program services for the period June 15 through December 31, 2016. (No County match)        AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) C. 53 ADOPT Resolution No. 2016/444 authorizing the Sheriff-Coroner, or designee, to apply for and accept the California Governor's Office of Emergency Services, 2016 Emergency Management Performance Grant in an initial allocation of $353,790 to develop and maintain the level of capability to prepare for, mitigate, respond to, and recover from emergencies and disasters for the period beginning July 1, 2016 through the end of grant funding availability. (100% Federal)        AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) C. 54 APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to accept additional funding from California Department of Community Services and Development, to increase the payment limit to the County by $423,240 to a new payment limit of $846,479 for Community Services Block Grant program services, with no change to term the of January 1 through December 31, 2016. (No County match)     July 12, 2016 Contra Costa County Board of Supervisors 13    AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) C. 55 APPROVE and AUTHORIZE the Interim County Librarian, or designee, to apply for and accept five scholarships for Career Online High School in the aggregate amount of $5,475 from the California State Library to provide qualified adult learners in Contra Costa County with online educational and career training opportunities, for the period July 1, 2016 through December 31, 2017. (100% Library Fund match)       AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) APPROVE and AUTHORIZE execution of agreement between the County and the following parties as noted for the purchase of equipment and/or services:   C. 56 APPROVE and AUTHORIZE the Purchasing Agent to execute, on behalf of the Employment and Human Services Director, a purchase order with Carousel Industries, Inc., in an amount not to exceed $192,523 for the maintenance of the Verint Voice System for the period July 30, 2016 through July 29, 2017. (10% County; 45% State; 45% Federal)        AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) C. 57 APPROVE and AUTHORIZE the Sheriff-Coroner, or designee, to execute a contract with Leica Geosystems Inc. in an amount not to exceed $120,100 for the purchase of a Leica ScanStation PS30 and related software and support for the term of July 1, 2016 through June 30, 2018. (75% State, 25% County General Fund)        AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) C. 58 APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to execute a contract with STAND! For Families Free of Violence, in an amount not to exceed $203,470 to provide shelter services for domestic violence victims and their children for the period July 1, 2016 through June 30, 2017. (41% County, 59% Marriage License Fees)       AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) C. 59 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract amendment with Denis Mahar, M.D., effective July 1, 2016 to increase the payment limit by $24,000 to a new payment limit of $1,876,000 to provide additional cardiology services, with no change in the original term of October 1, 2013 through September 30, 2016. (100% Hospital Enterprise Fund I)       AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) C. 60 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with    July 12, 2016 Contra Costa County Board of Supervisors 14 C. 60 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 $1,324,880 to provide consultation and technical assistance on community health promotion for County’s Community Education and Information Unit and Emergency Medical Services Unit, for the period July 1, 2016 through June 30, 2017. (99% Center for Disease Control; 1% budgeted County funds)        AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) C. 61 APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a Software and Services Agreement with MaintStar, Inc., in an amount not to exceed $117,000 for new software modules, three years of annual support, implementation and configuration, and training that will enable the Public Works Department to receive customer complaints via smart device application and/or the County website, for the period July 12, 2016 through June 30, 2019, Countywide. (100% General Fund)        AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) C. 62 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 $209,702 to provide Mental Health Services Act prevention and early intervention services for the period July 1, 2016 through June 30, 2017, with a six-month automatic extension through December 31, 2017 in an amount not to exceed $104,851. (100% Mental Health Service Act)        AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) C. 63 APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to execute a contract with Contra Costa Senior Legal Services in an amount not to exceed $109,505 to provide countywide legal services to eligible clients, 60 years of age or older, for the period July 1, 2016 through June 30, 2017. (100% Federal)        AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) C. 64 APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to execute a contract, including modified indemnification language, with YMCA of the East Bay in an amount not to exceed $85,000 to provide therapeutic children's groups, after school activities, and women's domestic violence support groups and support for the period July 1, 2016 through June 30, 2017. (21% County, 49% State, 30% Federal)        AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) C. 65 APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to execute a contract with Family Support Services of the Bay Area in an amount not to exceed $350,000 to provide comprehensive respite care and associated services to eligible families for the period July 1, 2016 through June 30, 2017. (State 100%)        July 12, 2016 Contra Costa County Board of Supervisors 15  AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) C. 66 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Capuchino Therapy Group in an amount not to exceed $200,000 to provide temporary physical and occupational therapists at the County’s Public Health California Children’s Service Program, Medical Therapy Units sites, for the period July 1, 2016 through June 30, 2017. (50% State California Children’s Services; 50% County funds)       AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) C. 67 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 $126,415 to provide Mental Health Services Act prevention and early intervention services for the period July 1, 2016 through June 30, 2017, with a six-month automatic extension through December 31, 2017 in an amount not to exceed $63,207. (100% Mental Health Services Act)       AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) C. 68 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 $291,584 to provide long-term care ombudsman services to seniors for the period July 1, 2016 through June 30, 2017. (100% Federal)       AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) C. 69 APPROVE and AUTHORIZE the County Administrator, or designee, to execute, on behalf of the County, a contract with Bay Area Legal Aid in an amount not to exceed $181,250, to provide legal services for homelessness prevention, support of family connections, access to mental healthcare and alcohol and drug treatment, and public benefits programs referred to the West County Reentry Success Center for the period from July 1, 2016, through June 30, 2017, as recommended by the Public Protection Committee (83% State Public Safety Realignment, 17% State Recidivism Reduction Grant)       AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) C. 70 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 $154,500 to provide rehabilitative day treatment, medication support, mental health treatment, and therapeutic behavioral services for seriously emotionally disturbed adolescents for the period July 1, 2016 through June 30, 2017; with a six-month automatic extension through December 31, 2017 in an amount not to exceed $77,250. (50% Federal Financial Participation; 50% Mental Health Realignment)       AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) July 12, 2016 Contra Costa County Board of Supervisors 16 C. 71 APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to execute a contract with Aspiranet in an amount not to exceed $115,367 to provide promoting safe and stable families services to current and prospective adoptive families in Contra Costa County, for the period July 1, 2016 through June 30, 2017. (100% Federal)       AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) C. 72 APPROVE and AUTHORIZE the Purchasing Agent to execute, on behalf of the Employment and Human Services Director, (1) a purchase order with PC Specialists, Inc., in an amount not to exceed $60,000 for the purchase of data loss prevention software for the period June 13 through December 31, 2016, and (2) software license and support agreements with Proofpoint, Inc., for data loss software and support. (10% County; 45% State; 45% Federal)       AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) C. 73 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract amendment with Virtual Radiologic Professionals of California, effective March 1, 2016, to increase the payment limit by $84,500 to a new payment limit of $484,500, to provide additional teleradiology services at Contra Costa Regional Medical Center and Health Centers, with no change in the original term of August 1, 2014 through July 31, 2016. (100% Hospital Enterprise Fund I)       AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) C. 74 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Fred Finch Youth Center in an amount not to exceed $1,256,714 to provide school and community based mental health services to adolescent children and their families, including therapeutic behavioral services, for the period July 1, 2016 through June 30, 2017; with a six-month automatic extension through December 31, 2017 in an amount not to exceed $628,357. (49% Federal Financial Participation, 50% Mental Health Realignment; 1% Mt. Diablo Unified School District)       AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) C. 75 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract amendment with Bay Area Surgical Specialists, effective July 1, 2016, to increase the payment limit by $5,700,000 to a new payment limit of $10,000,000 to provide additional primary care and specialist medical services to Contra Costa Health Plan members, with no change in the original term of July 1, 2015 through June 30, 2017. (100% CCHP Enterprise Fund II)       AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) C. 76 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with    July 12, 2016 Contra Costa County Board of Supervisors 17 C. 76 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Portia Bell Hume Behavioral Health and Training Center in an amount not to exceed $1,385,556 to provide comprehensive case management services to adults suffering from severe mental illness, for the period July 1, 2016 through June 30, 2017. (50% Federal Medi-Cal; 50% Mental Health Realignment)        AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) C. 77 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Bay Area Community Resources, Inc., in an amount not to exceed $1,469,770 to provide school-based mental health services to seriously emotionally disturbed students for the period July 1, 2016 through June 30, 2017; with a six-month automatic extension through December 31, 2017 in an amount not to exceed $734,885. (50% Federal Financial Participation; 50% Mental Health Realignment)        AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) C. 78 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract amendment with K.B.R., Inc. (dba Rash Curtis & Associates), effective June 30, 2016, to extend the term from June 30, 2016 through June 30, 2017 and increase the payment limit by $400,000 to a new payment limit of $1,500,000, to provide additional debt collection services for unpaid accounts. (100% Hospital Enterprise Fund I)        AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) C. 79 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 $4,643,573 to provide coordinated entry, outreach, shelter, transitional and permanent supportive housing for homeless youth and adults in Contra Costa County, for the period July 1, 2016 through June 30, 2017. (30% Federal; 47% State; 20% Local grants; 3% County)        AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) C. 80 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Dayana Carcamo-Molina, M.D., in an amount not to exceed $1,620,000 to provide gastroenterology services at Contra Costa Regional Medical Center and Health Centers, for the period August 1, 2016 through July 31, 2019. (100% Hospital Enterprise Fund I)       AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) C. 81 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Yana Wirengard, M.D., in an amount not to exceed $400,000 to provide general surgery services at Contra Costa Regional Medical Center and Health Centers, for the period July 1, 2016 through June 30, 2017. (100% Hospital Enterprise Fund I)       AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV July 12, 2016 Contra Costa County Board of Supervisors 18  AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) C. 82 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract amendment with Kaiser Foundation Health Plan, Inc., with no change in the payment limit of $150,000,000, to continue providing health care services for Medi-Cal members enrolled in the Kaiser Foundation Health Plan by extending the term from June 30, 2016 through September 30, 2016. (100% Contra Costa Health Plan Enterprise Fund II)       AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) C. 83 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Lifelong Medical Care in an amount not to exceed $123,279 to provide Mental Health Services Act Prevention and Early Intervention services for the period July 1, 2016 through June 30, 2017; with a six-month automatic extension through December 31, 2017 in an amount not to exceed $61,639. (100% Mental Health Services Act)       AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) C. 84 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract amendment with Muhammad Raees, M.D., effective December 1, 2015 to provide additional pulmonology services at Contra Costa Regional Medical Center and Health Centers, with no increase in the payment limit of $200,000 and no change in the original term of September 1, 2014 through August 31, 2016. (100% Hospital Enterprise Fund I)       AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) C. 85 APPROVE and AUTHORIZE the Auditor-Controller, or designee, to pay for small giveaway items, not to exceed a total payment limit of $95,000, for promotion, recognition, appreciation and retention of foster parents for the period of June 1, 2016 through June 30, 2018. (100% State)        AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) C. 86 APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to execute a contract, including modified indemnification language, with Mount Diablo Unified School District (MDUSD) in an amount not to exceed $368,000 for Workforce Innovation and Opportunity Act (WIOA) youth development services, adult/dislocated worker one-stop-related services, and oversee and administer job seeker assessment and training services for the period July 1, 2016 through June 30, 2017. (100% Federal)       AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) C. 87 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a novation    July 12, 2016 Contra Costa County Board of Supervisors 19 C. 87 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a novation contract with the City of Richmond, for its Recreation and Parks Department, to provide congregate meal services for the County’s Senior Nutrition Program, for the period from July 1, 2016 through June 30, 2017, with a three-month automatic extension through September 30, 2017. (No County match)        AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) C. 88 APPROVE and AUTHORIZE the Purchasing Agent, on behalf of the Health Services Department, to execute a purchase order with Complete Imaging Systems, Inc. in the amount of $800,000 for fax machines, printers, supplies, parts, ink cartridges, and repairs of machines for the Contra Costa Regional Medical and Health Centers from August 1, 2016 through July 31, 2018. (100% Hospital Enterprise Fund I)       AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) C. 89 APPROVE and AUTHORIZE the Purchasing Agent, on behalf of the Health Services Department, to execute a purchase order with Reliance Whole Sale, Inc. in the amount of $175,000 for IV and Pharmaceutical drugs and supplies to be used at the Contra Costa Regional Medical Center and Health Centers, for the period from August 1, 2016 through July 31, 2017. (100% Hospital Enterprise Fund I)       AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) C. 90 APPROVE and AUTHORIZE the Purchasing Agent, on behalf of the Health Services Department, to execute a purchase order with Polymedco Cancer Diagnostic Products, LLC. to add $360,000 for a new total of $480,000, for reagents and supplies to perform immunochemical fecal occult blood testing for the Clinical Laboratory at the Contra Costa Regional Medical Center, with no change in the term from October 1, 2015 through September 30, 2019. (100% Hospital Enterprise Fund I)       AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) C. 91 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract containing modified indemnification language with Foley & Lardner, LLP, in an amount not to exceed $975,000, for the provision of legal services related to Medi-Cal audit appeals and other Contra Costa Health Plan appeals, report issues, and authorized litigation issues for the period from July 1, 2016 through June 30, 2017. (100% Hospital Enterprise Fund I)       AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) C. 92 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract, including modified indemnification language, with RecordXpress of California, LLC, in an amount not to exceed $1,440,000 to provide off-site storage, retrieval, destruction and management of documents and records for Contra Costa Regional Medical Center and other Health Services Departments, for the period from August 1, 2016 through June 30, 2019. (100% Hospital Enterprise Fund I)       AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV July 12, 2016 Contra Costa County Board of Supervisors 20  AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) C. 93 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract amendment with Chenoa Information Services, Inc., effective June 30, 2016, to increase the payment limit by $100,000 to a new payment limit of $200,000 to continue providing recruitment services for the Departments’ Information Systems Unit and extend the termination date from June 30, 2016 to June 30, 2017. (100% Hospital Enterprise Fund I)       AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) C. 94 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract amendment with Syntrix Consulting Group, LLC effective June 30, 2016, to increase the payment limit by $128,000 to a new payment limit of $392,000 to continue providing consulting with respect to data analytics and reporting for the Department's Information Systems Unit, and extend the termination date from June 30, 2016 to June 30, 2017. (100% Hospital Enterprise Fund I)       AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) C. 95 APPROVE and AUTHORIZE the Health Services Director, or designee, to issue a thirty (30) day written notice to Dennis E. McBride, M.D., to terminate his contract for provision of primary physician patient care at the County’s Adult and Juvenile Detention, effective August 13, 2016. (100% Hospital Enterprise Fund I)       AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) C. 96 APPROVE and AUTHORIZE the Purchasing Agent, on behalf of Health Services Department, to execute a blanket purchase order with Roche Diagnostic Corporation, in an amount not to exceed $1,500,000 for reagent testing products for the Public Health Laboratory for the period from July 1, 2016 through June 30, 2019. (100% Hospital Enterprise Fund I)        AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) C. 97 APPROVE and AUTHORIZE the Purchasing Agent, on behalf of the Health Services Department, to execute a purchase order with Olympus America, Inc. in the amount of $336,396 for replacement gastrointestinal scopes, processors, and light sources at the Contra Costa Regional Medical Center, for the period from May 1, 2016 through November 30, 2016. (100% Hospital Enterprise Fund I)        AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) C. 98 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with    July 12, 2016 Contra Costa County Board of Supervisors 21 C. 98 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Center for Human Development in an amount not to exceed $136,990, to provide Mental Health Services Act (MHSA) prevention and early intervention services to underserved cultural communities in East Contra Costa County, for the period from July 1, 2016 through June 30, 2017, with a six-month automatic extension through December 31, 2017, in an amount not to exceed $68,495. (100% Mental Health Services Act)        AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) C. 99 APPROVE and AUTHORIZE the Purchasing Agent, on behalf of the Health Services Department, to execute a purchase order with Steris Corporation in an amount not to exceed $268,486 for two (2) Amsco 400 sterilizers for the Contra Costa Regional Medical Center, for the period from June 1, 2016 through December 31, 2016. (100% Hospital Enterprise Fund I)        AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) C.100 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Fred Finch Youth Center, in an amount not to exceed $4,409,838, to continue the Mental Health Services Act Community Services and Supports Program which provides mental health services to Contra Costa County youth, for the period July 1, 2016 through June 30, 2019. (39% Federal Medi-Cal; 61% Mental Health Services Act)        AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) C.101 APPROVE and AUTHORIZE the Purchasing Agent, on behalf of the Health Services Department, to execute a purchase order with Data Systems Group in an amount not to exceed $152,200 for license support of the Electronic Claims and Remittances System Software for the period from August 1, 2015 through June 30, 2016. (100% Hospital Enterprise Fund I)        AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) C.102 APPROVE and AUTHORIZE the Director of Risk Management to execute a contract with Essential Staffing, Inc., in an amount not to exceed $500,000 to provide workers' compensation staffing services for the period July 1, 2016 through June 30, 2017. (100% Workers' Compensation Internal Service Fund)       AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) C.103 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Catholic Charities CYO of the Archdiocese of San Francisco, in an amount not to exceed $333,720, to provide therapeutic behavioral services for seriously emotionally disturbed children at its St. Vincent’s School for Boys for the period from July 1, 2016 through June 30, 2017, with a six-month automatic extension through December 31, 2017, in an amount not to exceed $166,860. (50% Federal Financial Participation; 50% Mental Health Realignment)        July 12, 2016 Contra Costa County Board of Supervisors 22  AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) C.104 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract amendment with Blue Tree Network, Inc, effective June 30, 2016, to increase the payment limit by $400,000 to a new payment limit of $500,000 to provide consulting, technical support and training to the Health Services Information Director, and to extend the termination date from June 30, 2016 to June 30, 2017. (100% Hospital Enterprise Fund I)       AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) C.105 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract amendment with KPJ Consulting, LLC, effective June 30, 2016, to increase the payment limit by $75,000 to a new total payment limit of $348,000, to continue providing consulting and technical assistance on the Electronic Medical Records Systems and to extend the termination date from June 30, 2016 to June 30, 2017. (100% Hospital Enterprise Fund I)       AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) C.106 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract amendment with Xerox Consulting Company, effective June 30, 2016, to increase the payment limit by $600,000, to a new payment limit of $1,833,000, to continue providing consulting and technical support to the Department’s Health Services Information System with regards to the Electronic Health Records program and to extend the termination date from June 30, 2016 to June 30, 2017. (100% Hospital Enterprise Fund I)       AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) C.107 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract amendment with Aspira Technologies, Inc., to increase the payment limit by $350,000 to a new payment limit of $1,215,000 to continue providing consulting and technical assistance to the Information Systems Unit and to extend the termination date from June 30, 2016 to June 30, 2018. (100% Hospital Enterprise Fund I)       AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) C.108 APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to execute a contract, including modified indemnification language, with Little Angels Country School LLC, in an amount not to exceed $243,493 to provide State Preschool services, for the period July 1, 2016 through June 30, 2017. (100% State)       AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) C.109 APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to execute    July 12, 2016 Contra Costa County Board of Supervisors 23 C.109 APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to execute a contract, including modified indemnification language, with First Baptist Church of Pittsburg, California, in an amount not to exceed $343,264 to provide Early Head Start Program Enhancement and State General Childcare Development services for the period July 1, 2016 through June 30, 2017. (68% State, 32% Federal)        AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) C.110 APPROVE and AUTHORIZE the Sheriff-Coroner, or designee, to execute a contract with Psychological Resources, Inc. (dba Wolf Consulting Group), in an amount not to exceed $140,000, to provide pre-employment psychological evaluations, individual counseling sessions and fitness for duty evaluations for the period of July 1, 2016 through June 30, 2018. (100% General Fund)        AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) C.111 APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to execute a contract with Martinez Early Childhood Center in an amount not to exceed $175,200 to provide Early Head Start and Head Start Program Enhancement services for the period July 1, 2016 through June 30, 2017. (100% Federal)       AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) C.112 APPROVE and AUTHORIZE the Sheriff-Coroner, or designee, to execute a contract with Men and Women of Purpose in an amount not to exceed $150,000 for the provision of mentoring and placement services to assist adult inmates transitioning into a mainstream environment for the period July 1, 2016 through June 30, 2017. (100% AB109 Public Safety Realignment)       AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) Other Actions   C.113 APPROVE and AUTHORIZE the Conservation and Development Director, or designee, to execute legal documents to loan $1,000,000 in HOME Investment Partnerships Act and $1,000,000 in Housing Opportunities for Persons with HIV/AIDs funds to Riviera Family Apartments, L.P., for the construction of Riviera Family Apartments in Walnut Creek, and ADOPT related findings under the California Environmental Quality Act. (100% Federal funds)       AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) C.114 ACCEPT the report prepared by the Office of the Sheriff in accordance with Penal Code Section 4025(e) representing an accounting of all Inmate Welfare Fund receipts and disbursements for Fiscal Year 2014/2015, as recommended by the Sheriff-Coroner. (No fiscal impact)        AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV July 12, 2016 Contra Costa County Board of Supervisors 24  AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) C.115 APPROVE and AUTHORIZE the Conservation and Development Director, or designee, to execute legal documents to loan $500,000 in HOME Investment Partnerships Act and $1,000,000 in Housing Opportunities for Persons with HIV/AIDs funds to VL, L.P., for the acquisition and rehabilitation of Virginia Lane Apartments in Concord, and ADOPT related findings under the California Environmental Quality Act. (100% Federal funds)       AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) C.116 ADOPT Resolution No. 2016/453 confirming Final Report for CSA EM-1 (Emergency Medical Services) and setting assessments to be collected with the FY 2016-17 property taxes, as recommended by the Health Services Director.        AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) C.117 CONTINUE the emergency action originally taken by the Board of Supervisors on November 16, 1999 regarding the issue of homelessness in Contra Costa County, as recommended by the Health Services Director. (No fiscal impact)        AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) C.118 APPROVE and AUTHORIZE the County Administrator, or designee, to sign a letter acknowledging subordination of revenue due to the County, Library and Flood Control and Water Conservation Districts from certain pass-through payments, pursuant to and required by the Fiscal Agreement, dated December 21, 1993, between the parties and the former El Cerrito Redevelopment Agency. (No fiscal impact)       AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) C.119 ADOPT Resolution No. 2016/441 approving Contra Costa County to receive and use State of California (State) Emergency Solutions Grant (ESG) funds in the amount of $578,558 to benefit homeless households of the County, and DIRECT the Conservation and Development Director to execute related administrative actions implementing the State ESG Program in the County. (100% Federal Funds)       AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) C.120 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with the City of Martinez, to provide congregate meal services for the County’s Senior Nutrition Program, for the period July 1, 2016 through June 30, 2017 with a three-month automatic extension through September 30, 2017. (No County match)       AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV July 12, 2016 Contra Costa County Board of Supervisors 25  AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) C.121 APPROVE and AUTHORIZE the Department of Conservation and Development to initiate a General Plan Amendment study to consider changing the General Plan land use designation from "Multiple-Family Residential - Low Density" to "Agricultural Lands" for two undeveloped properties, Assessor Parcel Nos. 159-200-032 and 159-300-001, located immediately north of the property addressed as 4949 Pacheco Boulevard, Martinez area (County File #GP16-0005). (100% Applicant fees)       AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) C.122 ACCEPT the California General Child Care Center Priorities and California State Preschool Priorities for Contra Costa County, as recommended by the Local Planning and Advisory Council for Early Care and Education and the Family and Human Services Committee.        AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) C.123 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 II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) C.124 RECEIVE Civil Grand Jury Report No. 1616, entitled "Our Children in Need", and FORWARD to the County Administrator for response. (No fiscal impact)       AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) C.125 RECEIVE Civil Grand Jury Report No. 1613, entitled "Human Resources Management", and FORWARD to the County Administrator for response. (No fiscal impact)        AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) C.126 RECEIVE Civil Grand Jury Report No. 1612, entitled "Foster Care Under AB 403", and FORWARD to the County Administrator for response. (No fiscal impact)       AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) C.127 RECEIVE Civil Grand Jury Report No. 1609, entitled "Human Trafficking", and FORWARD to the County Administrator for response. (No fiscal impact)        July 12, 2016 Contra Costa County Board of Supervisors 26  AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) C.128 RECEIVE Civil Grand Jury Report No. 1606, entitled "Where Will We Live?" and refer it to the County Administrator, as recommended by the County Administrator.        AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) C.129 RECEIVE Civil Grand Jury Report No. 1608, entitled "Welfare Fraud Investigation in Contra Costa County", and FORWARD to the County Administrator for response. (No fiscal impact)       AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT)   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 July 12, 2016 Contra Costa County Board of Supervisors 27 STANDING COMMITTEES The Airport Committee (Supervisors Karen Mitchoff and Mary N. Piepho) meets quarterly on the fourth Monday of the month at 12:30 p.m. at Director of Airports Office, 550 Sally Ride Drive, Concord. The Family and Human Services Committee (Supervisors Candace Andersen and Federal D. Glover) meets on the first Monday of the month at 1:00 p.m. in Room 101, County Administration Building, 651 Pine Street, Martinez. The Finance Committee (Supervisors Federal D. Glover and John Gioia) meets on the second Monday of the month at 1:30 p.m. in Room 101, County Administration Building, 651 Pine Street, Martinez. The Hiring Outreach Oversight Committee (Supervisors John Gioia and Federal Glover) To be determined The Internal Operations Committee (Supervisors Candace Andersen 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. The Legislation Committee (Supervisors Karen Mitchoff and Mary N. Piepho) meets on the first Thursday of the month at 11:00 a.m. in Room 101, County Administration Building, 651 Pine Street, Martinez. The Public Protection Committee (Supervisors John Gioia and Federal D. Glover) meets on the second Monday of the month at 11:00 a.m. in Room 101, County Administration Building, 651 Pine Street, Martinez. The Transportation, Water & Infrastructure Committee (Supervisors Candace Andersen and Mary N. Piepho) meets on the first Thursday of the month at 1:30 p.m. in Room 101, County Administration Building, 651 Pine Street, Martinez. Airports Committee July 21, 2016 10:00 a.m. See above Family & Human Services Committee August 8, 2016 1:00 p.m. See above Finance Committee July 14, 2016 Cancelled 10:30 a.m. See above Hiring Outreach Oversight Committee August 8, 2016 9:00 a.m.See above Internal Operations Committee July 25, 2016 Cancelled 11:00 a.m. See above Legislation Committee August 8, 2016 10:30 a.m. See above Public Protection Committee July 25, 2016 Cancelled 9:00 a.m. See above Transportation, Water & Infrastructure Committee July 14, 2016 1:00 p.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. July 12, 2016 Contra Costa County Board of Supervisors 28 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 July 12, 2016 Contra Costa County Board of Supervisors 29 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) July 12, 2016 Contra Costa County Board of Supervisors 30 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 July 12, 2016 Contra Costa County Board of Supervisors 31 RECOMMENDATION(S): CONSIDER waiving the 180-day “sit out period” for Jeri Noble, Physical Therapist II in the Health Services Department; 1. FIND that the appointment of Ms. Noble is necessary to fill a critically needed position;2. APPROVE and AUTHORIZE the hiring of retiree Ms. Noble as a temporary employee for the period July 18, 2016 to July 17, 2017, as recommended by the Health Services Department Director. 3. FISCAL IMPACT: Upon approval, this action has an annual cost of approximately $47,065.49 and the cost will be funded by the State California Children’s Services (55%) and County funds (45%). BACKGROUND: Jeri Noble was hired as a Physical Therapist on May 17, 1999 and retired on March 31, 2016. Over the years, Ms. Noble provided her physical therapy work expertise to County patients, specializing in the children population. Hiring her as a temporary retiree is critical to patient care in our California Children’s Services Unit. Her years of experience is needed to meet the increasing demand of case loads. The Department will recruit a full-time employee replacement and this vacancy will be filled when we find the most qualified candidate. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/12/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I Supervisor Contact: Arlene J. Lozada (925)957-5269 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 12, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: D. 3 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:July 12, 2016 Contra Costa County Subject:Temporary Hire of County Retiree – Waiver of 180-day Sit-out Period July 12, 2016 Contra Costa County Board of Supervisors 32 CONSEQUENCE OF NEGATIVE ACTION: If this action is not approved, there will be a shortage of physical therapist needed to meet the increase in case loads especially with the County’s children population. CHILDREN'S IMPACT STATEMENT: Not applicable. July 12, 2016 Contra Costa County Board of Supervisors 33 RECOMMENDATION(S): ADOPT Resolution No. 2016/449 supporting a Countywide one-half of one percent sales tax to fund transportation improvements in Contra Costa County, approving a transportation expenditure plan, and conditionally amending the Measure J growth management program. FISCAL IMPACT: No immediate impact. The recommendation addresses an outside agency's actions and the subject sales tax must ultimately be approved through a countywide vote. If approved, approximately an additional $2.9 billion would be available for transportation projects and programs throughout the County. BACKGROUND: The Contra Costa Transportation Authority (Authority) is responsible for maintaining and improving the county’s transportation system by planning, funding, and delivering critical transportation infrastructure projects and programs that connect communities, foster a strong economy, increase sustainability, and safely and efficiently get people where they need to go. As discussed at previous Board of Supervisor (BOS) meetings, the Authority is proposing the imposition of a countywide one-half of one percent sales tax for transportation purposes for a period of thirty years through March 31, 2047. Over the past two years, the Authority conducted extensive consultations with local governments and outreach to a wide variety of interest groups and the public in order to develop a mix of projects and programs to be funded by the proposed sales tax. On May 18, 2016, the Authority released a proposed final Transportation APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/12/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I Supervisor Contact: John Cunningham, 925-674-7833 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 12, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: D. 4 To:Board of Supervisors From:John Kopchik, Director, Conservation & Development Department Date:July 12, 2016 Contra Costa County Subject:Resolution Supporting a One-half of One Percent Sales Tax for Countywide Transportation Improvements July 12, 2016 Contra Costa County Board of Supervisors 34 BACKGROUND: (CONT'D) Expenditure Plan (TEP) to guide the use of the proposed sales tax revenues. The TEP is attached to this report: CCTA TEP. The proposed final TEP also includes a revised Growth Management Program (GMP), a new Complete Streets Policy, and a new Advance Mitigation Program to help the Authority achieve its goals to reduce future congestion, manage the impacts of growth, and expand alternatives to the single-occupant vehicle. The Authority also adopted Ordinance 16-01 on May 18, 2016 to conditionally amend the existing GMP inclusive of GMP Attachment A: Principles of Agreement for Establishing the Urban Limit Line (ULL) in the Measure J Transportation Expenditure Plan (“Measure J TEP”), to match that found in the 2016 TEP. Measure J is the existing sales tax. This amendment would only apply if the one-half of one percent local transportation sales tax is placed on the ballot as a new measure and successfully approved by the electors on the November 8, 2016 ballot. The conditional amendment is included in the attached CCTA TEP and can be seen beginning on Page 37. During the TEP development, there was discussion by the BOS on the proposed changes to the ULL policies. "Revisions to the ULL" can be seen in the attached CCTA TEP beginning on Page 41 and explained in detail in the attached Authority document, CCTA GMP (Background & Changes). Currently, transportation needs significantly exceed projected revenues. Over the next 30 years, Contra Costa population will continue to grow, resulting in new demands on the transportation infrastructure and additional mobility needs. The new sales tax measure is needed to address these demands and needs as well as to assist in developing livable and sustainable communities. The Board of Supervisors letters to the Authority (October 21, 2014 and November 3, 2015) related to the development of the TEP stressed the importance of increased funding to local streets maintenance, improved transit service, safe routes to schools, bicycle facilities and major projects such as the Vasco-Byron highway connector, and Kirker Pass truck climbing lanes. The letters also emphasized the need to develop and fund programs for countywide mobility management as well as improved land use coordination to address the jobs/housing balance in the County. With nearly $2.9 billion (current dollars) expected to be generated by the new sales tax measure, the proposed final TEP is responsive to county recommendations by setting aside 23.8% for local streets maintenance (up from 18% in Measure J), over 10.09% for complete streets projects, 4% for pedestrian and bicycle facilities (up from 1.5% in Measure J), 2.2% for safe transportation for children, 10.25% for bus and non-rail transit enhancements, $117 million for Vasco Road, Byron Highway and the Vasco Rd-Byron Highway Connector, and creates a new community development transportation program that is aimed at encouraging infill development and attracting jobs. In addition, the TEP sets aside 4% for transportation for seniors and people with disabilities, including the requirement to develop an Accessible Transportation Service (ATS) Strategic Plan prior to allocation of funding. Furthermore, significant funding is assigned in the new Measure to smooth traffic flow on major commute corridors such as I-680, I-80, Route 242 and Route 4, and also to improve the capacity of the BART system. The TEP has a strong focus on technology and innovation, and will deliver a more efficient, cleaner and faster transportation system. The TEP will help reduce emissions through a higher emphasis on transit, technology, and alternative modes of transportation. The TEP also sets forward clear policies to ensure that while communities grow, the growth is kept within clear urban limit lines. This will allow the county to continue growing while protecting vital open space for parks, farmland, and critical habitat. Furthermore, increased investments in bike and pedestrian facilities bring access to the outdoors to every community. Process Pursuant to Public Utilities Code Section 180206(b), a Transportation Expenditure Plan may not be finally July 12, 2016 Contra Costa County Board of Supervisors 35 adopted and placed before the voters until it has received the approval of the County Board of Supervisors and city/town councils which in aggregate represent both a majority of the cities/towns in Contra Costa, and a majority of the population residing in the incorporated areas of Contra Costa. All jurisdictions have been asked to adopt the proposed final TEP as presented. The Authority received approval of the proposed final TEP from city and town councils representing both a majority of the cities in Contra Costa County and a majority of the population residing in the incorporated areas of Contra Costa County, and is currently seeking approval of the County Board of Supervisors. The Authority will consider approving the Final TEP and accompanying ordinance in order to impose the sales tax at its meeting on July 20, 2016, or at a special meeting. The conditional amendment (Page 37 of the attached CCTA TEP) to the existing GMP, inclusive of GMP Attachment A: Principles of Agreement for Establishing the Urban Limit Line in the Measure J TEP to Match That Found in the 2016 TEP, would only apply if the one-half of one percent local transportation sales tax is placed on the ballot and successfully approved by the electors on the November 8, 2016 ballot. For the limited purpose identified in Public Utilities Code Section 180206(b), the Authority seeks the County Board of Supervisors support of the new Measure by adopting the attached Resolution of Support for the Countywide Imposition of One Half of One Percent Sales Tax to Fund Transportation Improvements in Contra Costa. Adopting the attached Resolution is not subject to the California Environmental Quality Act (“CEQA”) because the TEP is not a “project” within the meaning of CEQA. (See 14 C.C.R., §§ 15378, 15352.) Specifically, the Board of Supervisor's adoption of the Resolution of Support does not constitute the approval of a CEQA project for reasons that include, but are not limited to, the following: (1) the TEP does not authorize the construction of any projects that may result in any direct or indirect physical change in the environment; (2) the TEP is a mechanism for funding potential future transportation projects, the timing, approval, and construction of which may be modified or not implemented depending on a number of factors, including future site-specific CEQA environmental review; and (3) the TEP is subject to further discretionary approvals insofar as it may not be adopted until and unless the pre-conditions set forth in the Public Utilities Code are satisfied. (See 14 C.C.R., §§ 15378, 15352; Public Utilities Code, § 180206(b).) CONSEQUENCE OF NEGATIVE ACTION: If the BOS does not take the recommended actions, the Contra Costa Transportation Authority's (Authority) process to bring the TEP to the voters as a measure on the November 8, 2016 ballot would effectively end. The Authority cannot adopt a TEP until it has received approval of the BOS. (Public Utilities Code, § 180206(b)) AGENDA ATTACHMENTS Resolution No. 2016/449 CCTA TEP CCTA GMP (Background & Changes) MINUTES ATTACHMENTS Signed Resolution No. 2016/449 TEPP PowerPoint Presentation July 12, 2016 Contra Costa County Board of Supervisors 36 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 07/12/2016 by the following vote: AYE: Candace Andersen Mary N. Piepho Karen Mitchoff Federal D. Glover NO: ABSENT:John Gioia ABSTAIN: RECUSE: Resolution No. 2016/449 Resolution supporting a Countywide one-half of one percent sales tax to fund transportation improvements in Contra Costa, and approving a transportation expenditure plan and related actions. WHEREAS, the Contra Costa Transportation Authority (hereinafter “Authority”) proposes the countywide imposition of a one half of one percent sales tax for transportation purposes for a period of thirty years effective on April 1, 2017 through March 31, 2047; and WHEREAS, the Authority has administered a one half of one percent sales tax for transportation purposes since its inception on April 1, 1989; and WHEREAS, the Authority conducted extensive consultations with local governments and conducted outreach to a wide variety of interest groups and the public in order to develop a Transportation Expenditure Plan (“TEP”) proposing a potential mix of projects and programs to be funded by the proposed sales tax; and WHEREAS, on May 18, 2016 the Authority authorized the release of a proposed TEP reflecting the results of that consultation and outreach, and seeking concurrence on the proposed TEP from Contra Costa County and the cities and towns within Contra Costa County; and WHEREAS, on May 18, 2016 the Authority adopted Ordinance 16-01 to conditionally amend the Growth Management Program, which includes Attachment A: Principles of Agreement for Establishing the Urban Limit Line in the Measure J Transportation Expenditure Plan (“Measure J TEP”) to match that found in the 2016 TEP. This amendment would only apply if the one-half of one percent local transportation sales tax is placed on the ballot and successfully approved by the electors on the November 8, 2016 ballot. WHEREAS, the proposed TEP includes measures that help reduce future congestion, manage the impacts of growth, and expand alternatives to the single-occupant vehicle; and WHEREAS, if the proposed TEP is ultimately adopted by the Authority and approved by the voters, the TEP would guide the use of the proposed sales tax revenues; and WHEREAS, pursuant to Public Utilities Code Section 180206(b) a Transportation Expenditure Plan may not be adopted by the Authority until and unless the proposed TEP has received the approval of the County Board of Supervisors and city and town councils representing both a majority of the cities in Contra Costa County and a majority of the population residing in the incorporated areas of Contra Costa County; and WHEREAS, the proposed TEP has received the approval of city and town councils representing both a majority of the cities in Contra Costa County and a majority of the population residing in the incorporated areas of Contra Costa County; NOW THEREFORE BE IT RESOLVED, that the County Board of Supervisors (BOS) finds that the proposed TEP is not subject to the California Environmental Quality Act (“CEQA”) because the proposed TEP is not a “project” within the meaning of CEQA, and the BOS adoption of this Resolution does not commit the BOS to a definite course of action with regard to any specific transportation improvements set forth in the proposed TEP. (See 14 C.C.R., §§ 15378, 15352.) Specifically, the BOS adoption of this Resolution does not constitute the approval of a CEQA project for reasons that include, but are not limited to, the following: (1) the proposed TEP does not authorize the construction of any projects that may result in any direct or indirect 4 1 July 12, 2016 Contra Costa County Board of Supervisors 37 following: (1) the proposed TEP does not authorize the construction of any projects that may result in any direct or indirect physical change in the environment; (2) the proposed TEP is a mechanism for funding potential future transportation projects, the timing, approval, and construction of which may be modified or not implemented depending on a number of factors, including future site-specific CEQA environmental review; and (3) the proposed TEP is subject to further discretionary approvals insofar as it may not be adopted until and unless the pre-conditions set forth in the Public Utilities Code are satisfied. (See 14 C.C.R., §§ 15378, 15352; Public Utilities Code, § 180206(b).) BE IT FURTHER RESOLVED, that the BOS supports the Countywide imposition of an additional one-half of one percent sales tax for transportation purposes for a period of thirty years effective on April 1, 2017, through March 31, 2047. BE IT FURTHER RESOLVED, that the BOS approves, for the limited purpose identified in Public Utilities Code Section 180206(b), the proposed TEP released by the Authority on May 18, 2016; and BE IT FURTHER RESOLVED, that the BOS urges the Authority, consistent with the provisions of Public Utilities Code Section 180206, to adopt the proposed TEP; and BE IT FURTHER RESOLVED, that the BOS approves the conditional amendment to the Growth Management Program, which includes Attachment A: Principles of Agreement for Establishing the Urban Limit Line in the Measure J TEP to match that found in the 2016 TEP, acknowledging that this amendment would only apply if the one-half of one percent local transportation sales tax is placed on the ballot and successfully approved by the electors on the November 8, 2016 ballot. Contact: John Cunningham, 925-674-7833 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 12, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: July 12, 2016 Contra Costa County Board of Supervisors 38 July 12, 2016Contra Costa County Board of Supervisors39 July 12, 2016Contra Costa County Board of Supervisors40 2016 Transforming Contra Costa County Our New 30-Year Transportation Expenditure Plan July 12, 2016 Contra Costa County Board of Supervisors 41 Table of Contents Transforming Contra Costa County 3 Plan Summary 4 The Plan for Contra Costa’s Future 6 Policy Statements 36 Taxpayer Safeguards and Accountability 48 July 12, 2016 Contra Costa County Board of Supervisors 42 3ccta.net f /Contra Costa Transportation Authority T @CCTA Y ccta.net/youtube Contra Costa is a county as unique and diverse as its residents. Our communities stretch from the Richmond coastline to Discovery Bay, from Port Chicago to the San Ramon Valley, and from Mount Diablo to Crocket Hills. We are growing with the times while protecting the qualities that make Contra Costa County a wonderful place to call home. We need a transportation plan that reflects where we are now and, more importantly, our commitment to pursue transportation policies, planning and investments that will get us where we want to be. The Contra Costa Transportation Authority (CCTA) is responsible for maintaining and improving the county’s transportation system by planning, funding, and delivering critical transportation infrastructure projects and programs that connect our communities, foster a strong economy, increase sustainability, and safely and efficiently get people and freight where they need to go. CCTA is also the county’s designated Congestion Management Agency (CMA), responsible for putting programs in place to keep traffic levels manageable. Currently, our transportation needs significantly exceed available revenue to meet those needs. Over the next 30 years, our population will continue to grow and that population will have new and additional needs. A new countywide funding measure and Transportation Expenditure Plan (TEP) can keep Contra Costa County moving and create the livable and sustainable communities that all Contra Costans deserve. After extensive public engagement and analysis, CCTA prepared a 30-year TEP that will promote a strong economy, protect the environment, maintain and improve local streets and roads, encourage greater transit usage and alternate forms of transportation, and enhance the quality of life for all of Contra Costa’s diverse communities. This new TEP will benefit every person and every part of the county. This plan is transformative on every level. With a strong focus on technology and innovation, the plan will deliver a more efficient, cleaner and faster transportation system. The new plan will significantly cut emissions through an emphasis on transit, electric and other non-fossil fuel oriented modes of transportation and transportation networks. It provides for new BART cars that will reduce energy use, pollution and costs, and that will provide increased frequency of BART trains and improved BART station access, and also provides for improved bus transit operations and improved bus frequency, potential driverless vehicles, bikes in every community, and connectivity among and with all modes of transportation. The plan also sets forward clear policies that ensure that while we grow, we will keep all growth within clear urban limit lines. This will allow the county to continue growing in a smart way, while protecting vital open space for parks and farmland. Furthermore, increased investments in bike and pedestrian paths and walkways bring access to the outdoors to every community. Smooth, safe and complete streets for cars, trucks, buses, bikes and pedestrians, along with extraordinary investments in direct funding to Contra Costa’s communities for local street and road repair, will greatly enhance all communities. For our urban areas, the plan focuses on support for transit and transit-oriented mixed-use development. This includes an emphasis on bicycle and pedestrian opportunities, interconnectivity, transit, traffic smoothing, and technological advances to ensure our systems are efficient and work well together. This plan will benefit the people who live in Contra Costa County by: • Attracting more good jobs, which will reduce commute trips and congestion • Actively managing the impacts of growth on our community so we support local businesses and preserve our environment • Accommodating the needs of all transportation modes, while increasing the use of alternative transportation; and • Enhancing transportation services for seniors, persons with disabilities and school children This TEP was developed with two key documents as guidance – the Expenditure Plan Advisory Committee (EPAC) Vision, Goals and Objectives and the CCTA Principles for Development of a Transportation Expenditure Plan. Both documents are available for review at www.CCTA.net. Building on these two documents and extensive public engagement with stakeholders, the TEP articulates how the Authority will use nearly $3 billion in additional revenue to invest wisely – using locally-generated funds and leveraging outside matching funds – to maximize the benefits for all Contra Costa residents by promoting a strong economy, protecting the environment, maintaining and improving local streets and roads, and encouraging greater transit usage and alternate forms of transportation. Transforming Contra Costa County July 12, 2016 Contra Costa County Board of Supervisors 43 4 ccta.net f /Contra Costa Transportation Authority T @CCTA Y ccta.net/youtube Transporta)on Expenditure Plan: Summary of Funding Funds ($ millions)% Improving our BART, Bus, Ferry and Train Networks 770 26.79% BART Capacity, Bicycle and Pedestrian Access and Parking Improvements 300 10.44% Bus Transit and Other Non-Rail Transit Enhancements 295 10.26% East Contra Costa Transit Extension 70 2.44% High Capacity Transit Improvements Along the I-80 Corridor 55 1.91% Intercity Rail and Ferry Service Improvements 50 1.74% Reducing Conges)on and Smoothing Traffic 595 20.71% Traffic Flow Improvements and High Capacity Transit ImplementaSon Along I-680 and SR 24 250 8.70% East County Corridor (Vasco Road and/or Byron Highway Corridors) Improvements 117 4.07% Traffic Flow Improvements Along SR 242 and SR 4 108 3.73% I-80 Interchange Improvements at San Pablo Dam Road and Central Ave 60 2.09% I-680 and SR 4 Interchange Improvements 60 2.09% Fixing Local Streets and Roads 684 23.79% Local Street Maintenance and Improvements 684 23.79% Providing Affordable and Safe Transporta)on for Children, Seniors, and People with Disabili)es 179 6.23% Safe TransportaSon for Children 64 2.23% TransportaSon for Seniors and People with DisabiliSes 115 4.00% Building Sustainable Communi)es and Protec)ng the Environment 632 21.98% Major Streets and Complete Streets Project Grants 290 10.09% Pedestrian, Bicycle and Trail FaciliSes 115 4.00% Community Development TransportaSon Program 100 3.48% InnovaSve TransportaSon Technologies/Connected CommuniSes Grant Program 65 2.26% TransportaSon Planning, FaciliSes and Services 43 1.50% Regional TransportaSon PrioriSes 19 0.65% Total Investments 2860 99.50% AdministraSon 14 0.50% Total Cost 2874 100.0% 1 Cost in 2016 Dollars For the full breakdown see the chart on page 56. Transportation Expenditure Plan Summary July 12, 2016 Contra Costa County Board of Supervisors 44 5ccta.net f /Contra Costa Transportation Authority T @CCTA Y ccta.net/youtube See Appendix A on page 56 for detailed distribution of funding by subregion. Transportation Expenditure Plan Summary by Category 6.2% Providing Affordable and Safe Transportation for Children, Seniors, and People with Disabilites 23.8% Fixing Local Streets and Roads 22.0% Building Sustainable Communities and Protecting the Environment 26.8% Improving our BART, Bus, Ferry and Train Networks 20.7% Reducing Congestion and Smoothing Traffic 0.5% Administration Transportation Expenditure Plan Summary by Region Central 29.4% East 28.2% Southwest 19.1% West 23.3% July 12, 2016 Contra Costa County Board of Supervisors 45 6 ccta.net f /Contra Costa Transportation Authority T @CCTA Y ccta.net/youtube The Plan for Contra Costa’s Future July 12, 2016 Contra Costa County Board of Supervisors 46 7ccta.net f /Contra Costa Transportation Authority T @CCTA Y ccta.net/youtube July 12, 2016 Contra Costa County Board of Supervisors 47 Improving our BART, Bus, Ferry and Train Networks 26.8% July 12, 2016 Contra Costa County Board of Supervisors 48 9 Reduces Congestion Reduces Greenhouse Gas Emissions Improves BART Service Improves Bus Service Expands Bicycle Access/Improves Bicycle Safety Improves Pedestrian Safety Improves Transportation Connectivity Provides Alternatives to Single-Occupant Vehicle Use Integrates New Technology Creates Good Local Jobs i Benefits Key Each icon represents a benefit to Contra Costa County as a result of the portion of the plan being described. July 12, 2016 Contra Costa County Board of Supervisors 49 10 ccta.net f /Contra Costa Transportation Authority T @CCTA Y ccta.net/youtube Improving Our BART, Bus, Ferry and Train Networks This category is intended to provide funding to increase the capacity of and ridership on the BART System in Contra Costa County, including improvements to local BART stations, as well as access and parking in Contra Costa County. Funds in this category are intended to be allocated by the Authority for the acquisition of additional new BART cars, provided that: 1) BART agrees to fund a minimum of $100 million in BART station, access and parking improvements in Contra Costa County from other BART revenues, and 2) a regional approach, that includes commitments of equal funding shares from both Alameda and San Francisco counties and additional regional funding from the Metropolitan Transportation Commission, is developed and approved no later than December 31, 2024. BART station, access and parking improvements or alternate public transit services that access BART may include station capacity, safety and operational improvements; infrastructure improvements that facilitate Transit Oriented Development at or near BART stations; additional on or off site parking, last mile shuttle or shared vehicles that provide alternatives to driving single-occupant vehicles to BART stations; and bicycle/pedestrian facilities that provide access to BART stations. In the event that commitments from the four parties to fund additional BART cars are not approved by December 31, 2024, or any date earlier if BART informs the Authority it is no longer pursuing the acquisition of additional BART cars as provided herein, and if BART has maintained the commitment to fund a minimum of $100 million in improvements as described above, the Authority (in consultation with the RTPCs) and BART will jointly identify, and the Authority will allocate these funds for other capacity- enhancing, safety and efficiency increasing projects (to include station, access and parking improvements or alternate public transit services that access BART) that benefit the residents of Contra Costa County. Prior to the allocation of funds to BART, the Authority Board shall make a finding that BART has consistently maintained its commitment to use a proportional share of its inflation-based fare increase, or an equivalent amount, for capital projects as defined by BART’s Resolution No. 5208 passed in February 2013. In years where BART fare revenues are reduced by a decrease in ridership or unforeseen economic circumstances, or where one-time costs are increased by a natural disaster, then the Authority may release funds if the Authority Board makes findings that 1) BART has not reduced its capital project funding disproportionately and 2) BART made best efforts to fund capital projects that benefit Contra Costa County. BART Capacity, Access and Parking Improvements $300 Million i Improving Our BART, Bus, Ferry and Train Networks July 12, 2016 Contra Costa County Board of Supervisors 50 11ccta.net f /Contra Costa Transportation Authority T @CCTA Y ccta.net/youtube Improving Our BART, Bus, Ferry and Train Networks Bus Transit and Other Non-Rail Transit Enhancements $295 million Bus Transit Enhancements in the West Subregion of Contra Costa $111 million This subcategory is intended to provide funding for public transit operators to maintain and increase transit operations, including any transit capital expenses and/ or operating expenses for existing service or service improvements/enhancements in the West subregion of Contra Costa. Funding is to provide for bus transit operations to increase or maintain ridership, including incentivizing transit use by offsetting fares, and improve the frequency and capacity of routes, especially high demand routes. Funding will be allocated by the Authority based on input from the WCCTAC in consultation with local bus operators and stakeholders. Bus Transit Enhancements and Other Non-Rail Transit Enhancements in the Central, East and Southwest Subregions of Contra Costa $184 million This subcategory is intended to provide funding for public transit operators to maintain and increase transit operations, including any transit capital expenses and/or operating expenses for existing service or service improvements/ enhancements, and also to provide funding for future non-rail transit service alternatives in the Central, East and Southwest subregions of Contra Costa. Funding is to provide for bus transit operations to increase or maintain ridership, including incentivizing transit use by offsetting fares, and improve the frequency and capacity of routes, especially high demand routes. Funding will be allocated by the Authority for the Central, East and Southwest subregions of Contra Costa based on input from the RTPCs in those subregions, in consultation with local bus operators and stakeholders. Funding allocation by the Authority may include use of a portion of the funds for non-rail transit services/projects that demonstrate an innovative approach to maximize the movement of people efficiently and in a manner that reduces Vehicle Miles Traveled (VMT) and Green-house Gas (GHG). i Improving Our BART, Bus, Ferry and Train NetworksImproving Our BART, Bus, Ferry and Train Networks July 12, 2016 Contra Costa County Board of Supervisors 51 12 ccta.net f /Contra Costa Transportation Authority T @CCTA Y ccta.net/youtube Improving Our BART, Bus, Ferry and Train Networks East Contra Costa Transit Extension (BART or alternative) $70 million This category is intended to provide funding to improve access to and extend high capacity transit service easterly from the Hillcrest BART Station in Antioch through Oakley to a new transit station in Brentwood. To the greatest degree possible, local funds generated by this measure shall be used to leverage additional regional, state and/ or federal funds for this project. Funds from this category may be used to complete an interim transit station in Brentwood. i High Capacity Transit Improvements along the I-80 Corridor in West Contra Costa County $55 million This category is intended to fund projects/programs for high capacity transit improvements along the I-80 corridor. Final determination on the scope of the improvements to be constructed will be based on the final recommendations in the West County High Capacity Transit Study and in consultation with the west subregion. To the greatest degree possible, local funds generated by this measure shall be used to leverage additional regional, state and/or federal funds for this project. i July 12, 2016 Contra Costa County Board of Supervisors 52 13ccta.net f /Contra Costa Transportation Authority T @CCTA Y ccta.net/youtube Improving Our BART, Bus, Ferry and Train Networks This category is intended to provide funding to construct station and/or track improvements to the Capitol Corridor and/or the San Joaquin corridors, as well as to implement new or improved ferry services (including both capital and operations) in Richmond, Hercules, Martinez and/or Antioch. Projects that increase ridership using existing capacity, including incentivizing use by offsetting fares or other methodologies, may also be considered. To the greatest degree possible, local funds generated by this measure shall be used to leverage additional regional, state and/or federal funds for this project. Any projects funded in this category will be evaluated by the Authority and demonstrate progress toward the Authority’s goals of reducing Vehicle Miles Traveled (VMT) and green-house gas (GHG) reductions. Selection of final projects to be based on a performance analysis of project alternatives consistent with Authority requirements. Sponsors of projects requesting funding from this category will be required to demonstrate to the Authority that sufficient funding is available to operate the proposed project and/ or service over a long period of time. Intercity Rail and Ferries $50 million i July 12, 2016 Contra Costa County Board of Supervisors 53 14 ccta.net f /Contra Costa Transportation Authority T @CCTA Y ccta.net/youtube Reducing Congestion and Smoothing Traffic 20.7% July 12, 2016 Contra Costa County Board of Supervisors 54 15 Reduces Congestion Reduces Greenhouse Gas Emissions Improves BART Service Improves Bus Service Expands Bicycle Access/Improves Bicycle Safety Improves Pedestrian Safety Improves Transportation Connectivity Provides Alternatives to Single-Occupant Vehicle Use Integrates New Technology Creates Good Local Jobs i Benefits Key Each icon represents a benefit to Contra Costa County as a result of the portion of the plan being described. July 12, 2016 Contra Costa County Board of Supervisors 55 16 ccta.net f /Contra Costa Transportation Authority T @CCTA Y ccta.net/youtube Traffic Flow Improvements and High Capacity $250 million Transit Implementation Along I-680 and SR 24 Reducing Congestion and Smoothing Traffic This category is intended to fund an I-680 corridor express lane and operational improvement project to facilitate carpools and increase transit use in the corridors as an alternative to single occupant vehicle travel. Funding may also be used to implement high capacity transit improvements in the corridor (including those identified in the I-680 Transit Investment and Congestion Relief Options and other relevant studies). Funding may also be used to complete improvements to the mainline freeway and/or local interchanges along I-680 and SR 24 as may be required to implement express lane and/or transit projects as well as advanced traffic management programs and/ or other projects or programs that encourage the use of connected vehicle and/or autonomous vehicles in the corridor provided that the project sponsor can show that they reduce congestion, increase mobility and provide alternatives to single occupant vehicle travel. Selection of final projects shall be based on a performance analysis of project alternatives consistent with Authority requirements. Projects funded from this category must be on or near the I-680 or the SR 24 corridors. Of the funds assigned to this category in Southwest County, $20 million will be eligible for interchange improvements on the SR 24. To the greatest degree possible, local funds generated by this measure shall be used to leverage additional regional, state and/or federal funds for this project. i July 12, 2016 Contra Costa County Board of Supervisors 56 17ccta.net f /Contra Costa Transportation Authority T @CCTA Y ccta.net/youtube East County Corridor $117 million (Vasco Road and/or Byron Highway Corridors) Improvements The Authority shall provide funding to construct a new 2-lane “limited access” connector between Byron Highway and Vasco Road south of Camino Diablo Road as well as shoulder and other improvements to the Byron Highway (including a railroad grade separation) to improve safety and access to the Byron Airport and to facilitate economic development and access for goods movement in East Contra Costa County. For the Vasco Road corridor, the Authority shall provide funding for safety and other improvements oriented at facilitating the use of high- capacity transit and/or high occupancy carpools. To the greatest degree possible, local funds generated by this measure shall be used to leverage additional regional, state and/or federal funds for these projects. Prior to the use of any local sales tax funds to implement capacity improvements to either or both of these corridors, the Authority Board must make a finding that the project(s) include measures to prevent growth outside of the Urban Limit Lines (ULL). Such measures might include, but are not necessarily limited to, limits on roadway access in areas outside the ULL, purchase of abutters’ rights of access, preservation of critical habitat and/or the permanent protection/acquisition of agricultural and open space or performing conservation measures required to cover this project under the East Contra Costa County Habitat Conservation Plan/Natural Community Conservation Plan (HCP/NCP). With the exception of the new connection between Vasco Road and the Byron Highway, funding from this category shall not be used to construct new roadways on new alignments. The Authority will work with Alameda and/or San Joaquin Counties to address project impacts in those jurisdictions. Reducing Congestion and Smoothing Traffic July 12, 2016 Contra Costa County Board of Supervisors 57 18 ccta.net f /Contra Costa Transportation Authority T @CCTA Y ccta.net/youtube Traffic Flow Improvements Along the SR 242 and SR 4 $108 million This category is intended to provide funding to improve traffic flow and reduce congestion between Concord and Brentwood along State Route 242 and State Route 4 to reduce congestion, increase mobility and provide alternatives to single occupant vehicle travel. To the greatest degree possible, local funds generated by this measure shall be used to leverage additional regional, state and/or federal funds for this project. Advanced traffic management programs and/or other projects or programs that encourage the use of connected vehicle and/or autonomous vehicles in the corridor are eligible for funding from this category provided that the project sponsor can demonstrate that they reduce congestion, increase mobility and provide alternatives to single occupant vehicle travel. Projects funded from this category must be on or near the SR 242 or SR 4 corridors. Selection of final project(s) shall be based on a performance analysis of project alternatives consistent with Authority requirements. Reducing Congestion and Smoothing Traffic July 12, 2016 Contra Costa County Board of Supervisors 58 19ccta.net f /Contra Costa Transportation Authority T @CCTA Y ccta.net/youtube This category is intended to fund improvements of the I-80 interchanges at San Pablo Dam Road, Central Avenue, and other locations along I-80 in consultation with the subregion. The improvements of the interchanges are a priority to gain corridor traffic flow improvements. I-80 Interchange Improvements at $60 million San Pablo Dam Road and Central Avenue Interstate 680/State Route 4 Interchange $60 million This category is intended to fund an Interstate 680/State Route 4 interchange improvement project as necessary to improve traffic flow and enhance traffic safety along both the I-680 and SR 4 corridors. To the greatest degree possible, local funds generated by this measure shall be used to leverage additional regional, state and/or federal funds for this project. Authority shall prioritize local funding commitments to this project in such a way as to encourage carpools and vanpools, public transit usage and other alternatives to the single occupant vehicle. Reducing Congestion and Smoothing Traffic July 12, 2016 Contra Costa County Board of Supervisors 59 20 Reducing Congestion and Smoothing Traffic Fixing Local Streets and Roads 23.8% July 12, 2016 Contra Costa County Board of Supervisors 60 21 Reduces Congestion Reduces Greenhouse Gas Emissions Improves BART Service Improves Bus Service Expands Bicycle Access/Improves Bicycle Safety Improves Pedestrian Safety Improves Transportation Connectivity Provides Alternatives to Single-Occupant Vehicle Use Integrates New Technology Creates Good Local Jobs i Benefits Key Each icon represents a benefit to Contra Costa County as a result of the portion of the plan being described. July 12, 2016 Contra Costa County Board of Supervisors 61 22 ccta.net f /Contra Costa Transportation Authority T @CCTA Y ccta.net/youtube Local Street Maintenance & Improvements $664 million This category is intended to fund maintenance and improvement projects on local streets and roads and may be used for any eligible transportation purposes as defined under the Act. The Authority will distribute 23.1 percent of the annual sales tax revenues to all local jurisdictions with a base allocation of $100,000 for each jurisdiction, the balance will be distributed based 50 percent on relative population and 50 percent on road miles for each jurisdiction, subject to compliance with the Authority’s reporting, audit and GMP requirements. Population figures used shall be the most current available from the State Department of Finance. Road mileage shall be from the most current information included in the Highway Performance Monitoring System (HPMS) Funds shall be used by each jurisdiction to maintain and enhance existing roadway and other transportation facilities. Jurisdictions shall comply with the Authority’s Maintenance of Effort (MOE) policy as well as Implementation Guidelines of this TEP. Local agencies will report on the use of these funds, such as the amount spent on roadway maintenance, bicycle and pedestrian facilities, transit facilities, and other roadway improvements. This subcategory is intended to fund additional maintenance and improvement projects on local streets and roads. These additional funds will be allocated to Central Contra Costa County jurisdictions based on the formula of 50 percent on relative population and 50 percent on road miles for each jurisdiction and subject to program requirements detailed above. Additional Local Street Maintenance & Improvements $20 million Fixing Local Streets and RoadsLocal Streets and Roads July 12, 2016 Contra Costa County Board of Supervisors 62 July 12, 2016 Contra Costa County Board of Supervisors 63 Providing Affordable and Safe Transportation for Children, Seniors and People with Disabilities 6.2% July 12, 2016 Contra Costa County Board of Supervisors 64 Reduces Congestion Reduces Greenhouse Gas Emissions Improves BART Service Improves Bus Service Expands Bicycle Access/Improves Bicycle Safety Improves Pedestrian Safety Improves Transportation Connectivity Provides Alternatives to Single-Occupant Vehicle Use Integrates New Technology Creates Good Local Jobs i Benefits Key Each icon represents a benefit to Contra Costa County as a result of the portion of the plan being described. 25 July 12, 2016 Contra Costa County Board of Supervisors 65 26 ccta.net f /Contra Costa Transportation Authority T @CCTA Y ccta.net/youtube Safe Transportation for Children $64 million This category is to provide funds to programs and projects that promote safe transportation options for children to access schools or after school programs. Eligible projects include but are not limited to reduced fare transit passes and transit incentive programs, school bus programs, and projects for pedestrian and bicycle safety that provide school-related access. The Authority will allocate funds and will establish guidelines (in cooperation with project sponsors) to define priorities and maximize effectiveness. The guidelines may require provisions such as parent contributions; operational efficiencies; specific performance criteria and reporting requirements. i Providing Affordable and Safe Transportation for Children, Seniors and People with Disabilities July 12, 2016 Contra Costa County Board of Supervisors 66 ccta.net f /Contra Costa Transportation Authority T @CCTA Y ccta.net/youtube 27 Providing Affordable and Safe Transportation for Children, Seniors and People with Disabilities Transportation for Seniors & People With Disabilities $115 million Funding in this category is to support mobility opportunities for seniors and people with disabilities who, due to age or disability, cannot drive or take other transit options. To ensure services are delivered in a coordinated system that maximizes both service delivery and efficiency, an Accessible Transportation Service (ATS) Strategic Plan will be developed and periodically updated during the term of the measure. No funding under this category will be allocated until the ATS Strategic Plan has been developed and adopted. An overarching component in the development and delivery of the ATS Strategic Plan is using mobility management to ensure coordination and efficiencies in accessible service delivery. The plan will address both Americans with Disabilities Act (ADA) and non-ADA services. The plan will evaluate the appropriate model for our local structure including how accessible services are delivered by all agencies and where appropriate coordination can improve transportation services, eliminate gaps in service and find efficiencies in the service delivered. The ATS Strategic Plan would also determine the investments and oversight of the program funding and identify timing, projects, service delivery options, administrative structure, and fund leverage opportunities. The ATS Strategic Plan will be developed by the Authority, in consultation with direct users of service, stakeholders representing seniors and people with disabilities who face mobility barriers, and non-profit and publicly operated paratransit service providers. Public operators in Contra Costa must participate in the ATS planning process to be eligible to receive funding in this category. The ATS Strategic Plan must be adopted no later than April 1, 2018. The development of the ATS Strategic Plan will not affect the allocation of funds to current operators as prescribed in the existing Measure J Expenditure Plan. July 12, 2016 Contra Costa County Board of Supervisors 67 Building Sustainable Communities and Protecting the Environment 22.0% July 12, 2016 Contra Costa County Board of Supervisors 68 Reduces Congestion Reduces Greenhouse Gas Emissions Improves BART Service Improves Bus Service Expands Bicycle Access/Improves Bicycle Safety Improves Pedestrian Safety Improves Transportation Connectivity Provides Alternatives to Single-Occupant Vehicle Use Integrates New Technology Creates Good Local Jobs i Benefits Key Each icon represents a benefit to Contra Costa County as a result of the portion of the plan being described. 29 July 12, 2016 Contra Costa County Board of Supervisors 69 30 ccta.net f /Contra Costa Transportation Authority T @CCTA Y ccta.net/youtube Building Sustainable Communities and Protecting the Environment Major Streets, Complete Streets, and Traffic Synchronization Project Grants $290 million This category is intended to fund improvements to major thoroughfares throughout Contra Costa to improve the safe, efficient and reliable movement of buses, vehicles, bicyclists and pedestrians along said corridors (i.e. traffic smoothing). Eligible projects shall include a variety of components that meet the needs of all users and respond to the context of the facility. Projects may include but are not limited to installation of bike and pedestrian facilities, installation of “smart” parking management programs, separated bike lanes, synchronization of traffic signals and other technology solutions to manage traffic, traffic calming and pedestrian safety improvements, shoulders, sidewalks, curbs and gutters, streetscapes and bus transit facility enhancements such as bus turnouts and passenger amenities. As an element of this program, the Authority will adopt a ‘traffic signal synchronization’ program and award grants for installation of ‘state of the art’ technology designed to smooth the flow of traffic along major arterial roadways throughout the county. Funding from this program will be prioritized to projects that improve access for all modes to jobs, commercial areas and transit, and the design process which includes opportunity for public input from existing and potential users of the facility. Priority will be given to projects that can show a high percentage of “other funding” allocated to the project (i.e. – leverage). The Authority will adopt program guidelines that will include information regarding how to evaluate the range of possible project components. All projects will be selected through a competitive project selection process within each subregion with the Authority approving the final program of projects, allowing for a comprehensive countywide approach while recognizing subregional needs to achieve the overall program goal. All projects funded through this program must comply with the Authority’s Complete Streets Policy and include complete street elements whenever possible. Twenty percent of the program funding will be allocated to four Complete Streets demonstration projects, one in each subregion, recommended by the relevant RTPC and approved by Authority, to demonstrate the successful implementation of Complete Streets projects no later than April 1, 2022.. Projects will be required to strongly pursue the use of separated bike lane facilities in the demonstration project program. The purpose of these demonstration projects is to create examples of successful complete street projects in multiple situations throughout the county. i July 12, 2016 Contra Costa County Board of Supervisors 70 31ccta.net f /Contra Costa Transportation Authority T @CCTA Y ccta.net/youtube Building Sustainable Communities and Protecting the Environment Pedestrian, Bicycle and Trail Facilities $115 million Two-thirds of the funds from this program shall be used to implement projects in the Countywide Bicycle and Pedestrian Plan, consistent with the current Measure J program. These funds shall be allocated to projects that improve safety for pedestrians and bicyclists, serve the greatest number of users and significant destinations, and remove missing segments and existing barriers to walking and bicycling. All projects will be selected through a competitive project selection process within each subregion with the Authority approving the final program of projects, allowing for a comprehensive countywide approach while recognizing subregional needs to achieve the overall program goal. The review process shall consider project feasibility and readiness and the differing needs of the sub-regions when identifying projects for funding. Funding available through this program is to be primarily used to construct and maintain bicycle, pedestrian and trail facilities, as well as to make safety or other improvements to bicycle, pedestrian and trail facilities. Planning to identify a preferred alignment for major new bicycle, pedestrian or trail connections may also be funded through this program. One-third of the funds are to be allocated to the East Bay Regional Park District (EBRPD) for the development and rehabilitation of paved regional trails. EBRPD is to spend its allocation proportionally in each sub-region, subject to the review and approval of the conceptual planning/ design phase by the applicable sub-regional committee, prior to funding allocation by the Authority. The Authority in conjunction with EBRPD will develop a maintenance-of- effort requirement for funds under this component of the funding category. Consistent with the Countywide Bicycle and Pedestrian Plan and the complete streets policy established in this expenditure plan, project sponsors receiving funding through other funding categories in this Plan shall incorporate, whenever possible, pedestrian, bicycle, and trail facilities into their projects. i July 12, 2016 Contra Costa County Board of Supervisors 71 32 ccta.net f /Contra Costa Transportation Authority T @CCTA Y ccta.net/youtube Building Sustainable Communities and Protecting the Environment Community Development Transportation Program $100 million This category is intended to provide funding to implement a new Community Development Transportation Program (CDTP) to be administered by the Authority in conjunction with the Authority’s existing Transportation for Livable Communities Program (TLC) with projects identified by the Authority’s Regional Transportation Planning Committees (RTPCs). Funds will be allocated by the Authority on a competitive basis to transportation projects or programs that promote housing within planned or established centers that are supported by transit, or that support economic development and job creation in Contra Costa County. All projects will be selected through a competitive project selection process within each subregion with the Authority approving the final program of projects, allowing for a comprehensive countywide approach while recognizing subregional needs to achieve the overall program goal. Project sponsors must demonstrate that at least 20 percent of the project is funded from other than local transportation sales tax revenue. Additional priority will be given to projects where the sponsor can demonstrate that the project supports and facilitates development of jobs or housing for all income levels and that have additional matching funds that have already been committed or secured. Working with the RTPCs, the Authority will prepare guidelines and establish overall criteria for the program with the intent of complementing and administering the program in conjunction with the Authority’s Measure J TLC program no later than December 31, 2017. i July 12, 2016 Contra Costa County Board of Supervisors 72 33ccta.net f /Contra Costa Transportation Authority T @CCTA Y ccta.net/youtube Building Sustainable Communities and Protecting the Environment Innovative Transportation Technology/Connected Communities Program $65 million This category is intended to provide funding for the planning and development of projects and programs that include innovative solutions intended to (a) develop and demonstrate transportation innovation through real-world applications, (b) reduce GHG emissions, and (c) implement connected transportation solutions. The Authority intends innovative solutions to include installing new digital and communications infrastructures, automated processes and intelligent controls, and integration with other community services, such as public safety and communications providers, to support a more integrated transportation system that promotes economic development, expanded job opportunities, increased government efficiency, reductions in consumption of nonrenewable resources, and increased sustainability, safety and mobility. Examples of eligible projects include but are not limited to expanding opportunities for zero emission vehicle charging; smart rideshare, carshare and bikeshare services; on-demand and personal transit services that complement traditional fixed- route transit; smart and automated parking; intelligent, sensor-based infrastructure; smart payment systems; and data sharing to improve mobility choices for all users. Projects are intended to promote connectivity between all users of the transportation network (cars, pedestrians, bikes, buses, trucks, etc.) and automation technologies that collectively facilitate the transformation toward connected communities. Funding is intended to match State, federal, or regional grants and private-sector investment to achieve maximum benefits. By investing in these solutions, Contra Costa County can become a national model in sustainable, technology-enabled transportation. A minimum of twenty-five percent is to be allocated to each sub-program (a, b and c above) over the life of the measure. The Authority will prepare guidelines and establish overall criteria for the Innovative Transportation Technology/Connected Communities Program and provide technical resources to project sponsors. All programs/projects will be selected through a competitive project selection process within each subregion with the Authority approving the final programs/projects for each of the sub-programs, allowing for a comprehensive countywide approach while recognizing subregional needs to achieve the overall program goal. Project sponsors must demonstrate that the programs provide highly efficient services that are cost effective, integrated and responsive to the needs of the community. i July 12, 2016 Contra Costa County Board of Supervisors 73 34 ccta.net f /Contra Costa Transportation Authority T @CCTA Y ccta.net/youtube Building Sustainable Communities and Protecting the Environment Regional Transportation Priorities $19 million This category is intended to fund any project or program identified in the Expenditure Plan or eligible under the provisions of the Act, including activities that promote alternatives to travel in single occupant vehicles. Program and project recommendations shall be made by each subregion for consideration and funding by the Authority. Transportation Planning, Facilities and Services $43 million This category is intended to provide funding to implement the countywide Growth Management Program, prepare the countywide transportation plan, and support the programming and monitoring of federal and state funds, as well as the Authority’s Congestion Management Agency functions. i i Building Sustainable Communities and Protecting the Environment July 12, 2016 Contra Costa County Board of Supervisors 74 July 12, 2016 Contra Costa County Board of Supervisors 75 Policy Statements July 12, 2016 Contra Costa County Board of Supervisors 76 37ccta.net f /Contra Costa Transportation Authority T @CCTA Y ccta.net/youtube 1 The Authority will, to the extent possible, attempt to harmonize the Growth Management and the State-mandated Congestion Management Programs. To the extent they conflict, Congestion Management Program Activities shall take precedence over Growth Management activities. The Growth Management Program Goals and Objectives The overall goal of the Growth Management Program is to preserve and enhance the quality of life and promote a healthy, strong economy to benefit the people and areas of Contra Costa through a cooperative, multi-jurisdictional process for managing growth, while maintaining local authority over land use decisions.1 The objectives of the Growth Management Program are to: • Assure that new residential, business and commercial growth pays for the facilities required to meet the demands resulting from that growth. • Require cooperative transportation and land use planning among Contra Costa County, cities, towns, and transportation agencies. • Support land use patterns within Contra Costa that make more efficient use of the transportation system, consistent with the General Plans of local jurisdictions. • Support infill and redevelopment in existing urban and brownfield areas. The Measure J Transportation Expenditure Plan Growth Management Program, which includes Attachment A: Principles of Agreement for Establishing the Urban Limit Line, is replaced in its entirety by this Growth Management Program and Attachment A: Urban Limit Line (ULL) Definitions and Compliance Requirements. Components To receive its share of the 2016 Transforming Contra Costa County Expenditure Plan funding from Local Streets Maintenance and Improvements funds and its share of Contra Costa’s Measure J Transportation Sales Tax Expenditure Plan Local Streets Maintenance & Improvements funding and to be eligible for Contra Costa’s Measure J Transportation Sales Tax Expenditure Transportation for Livable Communities funds and the 2016 Transforming Contra Costa County Expenditure Plan funding from Community Development Transportation Program funds each jurisdiction must: 1. Adopt a Growth Management Element Each jurisdiction must adopt, or maintain in place, a Growth Management Element as part of its General Plan that outlines the jurisdiction’s goals and policies for managing growth and requirements for achieving those goals. The Growth Management Element must show how the jurisdiction will comply with sections 2–8 below. The Authority will refine its model Growth Management Element and administrative procedures in consultation with the Regional Transportation Planning Committees to reflect the revised Growth Management Program. Each jurisdiction is encouraged to incorporate other standards and procedures into its Growth Management Element to support the objectives and required components of this Growth Management Program. 2. Adopt a Development Mitigation Program Each jurisdiction must adopt, or maintain in place, a development mitigation program to ensure that new growth is paying its share of the costs associated with that growth. This program shall consist of both a local program to mitigate impacts on local streets and other facilities and a regional program to fund regional and subregional transportation projects, consistent with the Countywide Comprehensive Transportation Plan. July 12, 2016 Contra Costa County Board of Supervisors 77 38 ccta.net f /Contra Costa Transportation Authority T @CCTA Y ccta.net/youtube The jurisdiction’s local development mitigation program shall ensure that revenue provided from this measure shall not be used to replace private developer funding that has or would have been committed to any project. The regional development mitigation program shall establish fees, exactions, assessments or other mitigation measures to fund regional or subregional transportation improvements needed to mitigate the impacts of planned or forecast development. Regional mitigation programs may adjust such fees, exactions, assessments or other mitigation measures when developments are within walking distance of frequent transit service or are part of a mixed-use development of sufficient density and with necessary facilities to support greater levels of walking and bicycling. Each Regional Transportation Planning Committee shall develop the regional development mitigation program for its region, taking account of planned and forecast growth and the Multimodal Transportation Service Objectives and actions to achieve them established in the Action Plans for Routes of Regional Significance. Regional Transportation Planning Committees may use existing regional mitigation programs, if consistent with this section, to comply with the Growth Management Program. 3. Address Housing Options Each jurisdiction shall demonstrate reasonable progress in providing housing opportunities for all income levels as part of a report on the implementation of the actions outlined in its adopted Housing Element. The report will demonstrate progress by: a. Comparing the number of housing units approved, constructed or occupied within the jurisdiction over the preceding five years with the number of units needed on average each year to meet the housing objectives established in the jurisdiction’s Housing Element; or b. Illustrating how the jurisdiction has adequately planned to meet the existing and projected housing needs through the adoption of land use plans and regulatory systems which provide opportunities for, and do not unduly constrain, housing development; or c. Illustrating how a jurisdiction’s General Plan and zoning regulations facilitate the improvement and development of sufficient housing to meet those objectives. In addition, each jurisdiction shall consider the impacts that its land use and development policies have on the local, regional and countywide transportation system, including the level of transportation capacity that can reasonably be provided, and shall incorporate policies and standards into its development approval process that support transit, bicycle and pedestrian access in new developments. 4. Participate in an Ongoing Cooperative, Multi-Jurisdictional Planning Process. Each jurisdiction shall participate in an ongoing process with other jurisdictions and agencies, the Regional Transportation Planning Committees and the Authority to create a balanced, safe and efficient transportation system and to manage the impacts of growth. Jurisdictions shall work with the Regional Transportation Planning Committees to: a. Identify Routes of Regional Significance, and establish Multimodal Transportation Service Objectives or other tools adopted by the Authority for measuring performance and quality of service along routes of significance, collectively referred to as Multimodal Transportation Service Objectives for those routes and actions for achieving those objectives. b. Apply the Authority’s travel demand model and technical procedures to the analysis of General Plan Amendments (GPAs) and developments exceeding specified thresholds for their effect on the regional transportation system, including on Action Plan objectives. c. Create the development mitigation programs outlined in section 2 above. d. Help develop other plans, programs and studies to address other transportation and growth management issues. In consultation with the Regional Transportation Planning Committees, each jurisdiction will use the travel demand model July 12, 2016 Contra Costa County Board of Supervisors 78 39ccta.net f /Contra Costa Transportation Authority T @CCTA Y ccta.net/youtube to evaluate changes to local General Plans and the impacts of major development projects for their effects on the local and regional transportation system and the ability to achieve the Multimodal Transportation Service Objectives established in the Action Plans. Jurisdictions shall also participate in the Authority’s ongoing countywide comprehensive transportation planning process. As part of this process, the Authority shall support countywide and subregional planning efforts, including the Action Plans for Routes of Regional Significance, and shall maintain a travel demand model. Jurisdictions shall help maintain the Authority’s travel demand modeling system by providing information on proposed improvements to the transportation system and planned and approved development within the jurisdiction. 5. Continuously Comply with an Urban Limit Line (ULL) In order to be found in compliance with this element of the Authority’s Growth Management Program, all jurisdictions must continually comply with an applicable voter approved Urban Limit Line (ULL). Said ULL may either be the Contra Costa County voter approved ULL (County ULL) or a locally initiated, voter approved ULL (LV- ULL). Additional information and detailed compliance requirements for the ULL are fully defined in the ULL Compliance Requirements, which are incorporated herein as Attachment A. Any of the following actions by a local jurisdiction will constitute non-compliance with the Growth Management Program: 1. The submittal of an annexation request to Local Agency Formation Commission ( LAFCO) for lands outside of a jurisdiction’s applicable ULL. 2. Failure to conform to the Authority’s ULL Compliance Requirements (Attachment A). 6. Develop a Five-Year Capital Improvement Program Each jurisdiction shall prepare and maintain a capital improvement program that outlines the capital projects needed to implement the goals and policies of the jurisdiction’s General Plan for at least the following five-year period. The Capital Improvement Program shall include approved projects and an analysis of the costs of the proposed projects as well as a financial plan for providing the improvements. The jurisdiction shall forward the transportation component of its capital improvement program to the Authority for incorporation into the Authority’s database of transportation projects. 7. Adopt a Transportation Systems Management (TSM) Ordinance or Resolution To promote carpools, vanpools and park and ride lots, each jurisdiction shall adopt a local ordinance or resolution that conforms to the model Transportation Systems Management Ordinance that the Transportation Authority has drafted and adopted. Upon approval of the Authority, cities with a small employment base may adopt alternative mitigation measures in lieu of a TSM ordinance or resolution. 8. Adopt Additional Growth Management Policies, as applicable Each jurisdiction shall adopt and thereafter continuously maintain the following policies (where applicable): a hillside development policy, a ridgeline protection policy, a wildlife corridor policy and a creek development policy. Where a jurisdiction does not have a developable hillside, ridgeline, wildlife corridor or creek, in need to adopt a corresponding policy. An ordinance that implements the East Contra Costa HCP/NCCP shall satisfy the requirement to have an adopted wildlife corridor policy and creek development policy. In addition to the above, jurisdictions with Prime Farmland and Farmland of Statewide Importance (as defined by the California Dept. of Conservation and mapped by FMMP) within their planning areas but outside of their city shall adopt and thereafter continuously maintain an Agricultural Protection Policy. The policy must ensure that potential impacts of converting Prime Farmland and Farmland of Statewide Importance outside the ULL to other uses are identified and disclosed when considering such a conversion. The applicable policies are required to be in place by no later than April 1, 2019. July 12, 2016 Contra Costa County Board of Supervisors 79 40 ccta.net f /Contra Costa Transportation Authority T @CCTA Y ccta.net/youtube Allocation of Funds Portions of the monies received from the retail transaction and use tax will be returned to the local jurisdictions (the cities and the county) for use on local, subregional and/or regional transportation improvements and maintenance projects. Receipt of all such funds requires compliance with the Growth Management Program and the allocation procedures described below. The funds are to be distributed on a formula based on population and road miles. Each jurisdiction shall demonstrate its compliance with all of the components of the Growth Management Program in a completed compliance checklist. The jurisdiction shall submit, and the Authority shall review and make findings regarding the jurisdiction’s compliance with the requirements of the Growth Management Program, consistent with the Authority’s adopted policies and procedures. If the Authority determines that the jurisdiction complies with the requirements of the Growth Management Program, it shall allocate to the jurisdiction its share of 2016 Transforming Contra Costa County Expenditure Plan funding from Local Streets Maintenance and Improvements funding and its share of Contra Costa’s Measure J Transportation Sales Tax Expenditure Plan Local Streets Maintenance & Improvements funding. Jurisdictions may use funds allocated under this provision to comply with these administrative requirements. If the Authority determines that the jurisdiction does not comply with the requirements of the Growth Management Program, the Authority shall withhold those funds and also make a finding that the jurisdiction shall not be eligible to receive 2016 Transforming Contra Costa County Expenditure Plan funding from Community Development Transportation Program funds or Contra Costa’s Measure J Transportation Sales Tax Expenditure Plan Transportation for Livable Communities funds until the Authority determines the jurisdiction has achieved compliance. The Authority’s findings of noncompliance may set deadlines and conditions for achieving compliance. Withholding of funds, reinstatement of compliance, reallocation of funds and treatment of unallocated funds shall be as established in adopted Authority’s policies and procedures. Attachment A Urban Limit Line (ULL) Definitions and Compliance Requirements Definitions - the following definitions apply to the GMP ULL requirement: 1. Urban Limit Line (ULL): An urban limit line, urban growth boundary, or other equivalent physical boundary judged by the Authority to clearly identify the physical limits of the local jurisdiction’s future urban development 2. Local Jurisdictions: Includes Contra Costa County, the 19 cities and towns within Contra Costa, plus any newly incorporated cities or towns established after April 1, 2017. 3. County ULL: A ULL placed on the ballot by the Contra Costa County Board of Supervisors, approved by voters at a countywide election, and in effect through the applicable GMP compliance period. The current County ULL was established by Measure L approved by voters in 2006. The following local jurisdictions have adopted the County ULL as their applicable ULL: City of Brentwood Town of Moraga City of Clayton City of Oakley City of Concord City of Orinda July 12, 2016 Contra Costa County Board of Supervisors 80 41ccta.net f /Contra Costa Transportation Authority T @CCTA Y ccta.net/youtube Town of Danville City of Pinole City of El Cerrito City of Pleasant Hill City of Hercules City of Richmond City of Lafayette City of San Pablo City of Martinez City of Walnut Creek 4. Local Voter ULL (LV-ULL): A ULL or equivalent measure placed on the local jurisdiction ballot, approved by the jurisdiction’s voters, and recognized by action of the local jurisdiction’s legislative body as its applicable, voter- approved ULL. The LV-ULL will be used as of its effective date to meet the Authority’s GMP ULL requirement and must be in effect through the applicable GMP compliance period. The following local jurisdictions have adopted a LV-ULL: City of Antioch City of San Ramon City of Pittsburg 5. Minor Adjustment: An adjustment to the ULL of 30 acres or less is intended to address unanticipated circumstances. 6. Other Adjustments: Other adjustments that address issues of unconstitutional takings, and conformance to state and federal law. Revisions to the ULL 1. A local jurisdiction which has adopted the County ULL as its applicable ULL may revise its ULL with local voter approval at any time during the term of the Authority’s GMP by adopting a LV-ULL in accordance with the requirements outlined for a LV-ULL contained in the definitions section. 2. A local jurisdiction may revise its LV-ULL with local voter approval at any time during the term of the Authority’s GMP if the resultant ULL meets the requirements outlined for a LV-ULL contained in the definitions section. 3. If voters, through a countywide ballot measure, approve a revision to the County ULL, the legislative body of each local jurisdiction relying on the County ULL shall: a. Accept and approve its existing ULL to continue as its applicable ULL, or b. Accept and approve the revised County ULL as its applicable ULL, or c. Adopt a LV-ULL in accordance with the requirements outlined for a LV-ULL contained in the definitions section. 4. Local jurisdictions may, without voter approval, enact Minor Adjustments to their applicable ULL subject to a vote of at least 4/5 of the jurisdiction’s legislative body and meeting the following requirements: a. Minor adjustment shall not exceed 30 acres. b. Adoption of at least one of the findings listed in the County’s Measure L (§82-1.018 of County Ordinances 2006-06 § 3, 91-1 § 2, 90-66 § 4) which include: • A natural or man-made disaster or public emergency has occurred which warrants the provision of housing and/or other community needs within land located outside the urban limit line. • An objective study has determined that the urban limit line is preventing the jurisdiction from providing its fair share of affordable housing, or regional housing, as required by state law, and the governing July 12, 2016 Contra Costa County Board of Supervisors 81 42 ccta.net f /Contra Costa Transportation Authority T @CCTA Y ccta.net/youtube elected legislative body finds that a change to the urban limit line is necessary and the only feasible means to enable the county jurisdiction to meet these requirements of state law. • A majority of the cities that are party to a preservation agreement and the county have approved a change to the urban limit line affecting all or any portion of the land covered by the preservation agreement. • A minor change to the urban limit line will more accurately reflect topographical characteristics or legal boundaries. • A five-year cyclical review of the urban limit line has determined, based on the criteria and factors for establishing the urban limit line set forth in Contra Costa County Code (Section 82-1.010), that new information is available (from city, town, or county growth management studies or otherwise) or circumstances have changed, warranting a change to the urban limit line. • An objective study has determined that a change to the urban limit line is necessary or desirable to further the economic viability of the East Contra Costa County Airport, and either (i) mitigate adverse aviation-related environmental or community impacts attributable to Buchanan Field, or (ii) further the county’s aviation related needs; or • A change is required to conform to applicable California or federal law. c. Adoption of a finding that the proposed Minor Adjustment will have a public benefit. Said public benefit could include, but is not necessarily limited to, enhanced mobility of people or goods, environmental protections or enhancements, improved air quality or land use, enhanced public safety or security, housing or jobs, infrastructure preservation or other significant positive community effects as defined by the local land use authority. If the proposed Minor Adjustment to the ULL is proposed to accommodate housing or commercial development, said proposal must include permanent environmental protections or enhancements such as the permanent protection of agricultural lands, the dedication of open space or the establishment of permanent conservation easements. d. The Minor Adjustment is not contiguous to one or more non-voter approved Minor Adjustments that in total exceed 30 acres. e. The Minor Adjustment does not create a pocket of land outside the existing urban limit line, specifically to avoid the possibility of a jurisdiction wanting to fill in those subsequently through separate adjustments. f. Any jurisdiction proposing to process a minor adjustment to its applicable ULL that impacts Prime Farmland and Farmland of Statewide Importance (as defined by the California Dept. of Conservation and mapped by FMMP) is required to have an adopted Agricultural Protection Ordinance or must demonstrate how the loss of these agricultural lands will be mitigated by permanently protecting farmland. 5. A local jurisdiction may revise its LV-ULL, and the County may revise the County ULL, to address issues of unconstitutional takings or conformance to State or federal law. Conditions of Compliance 1. Submittal of an annexation request of greater than 30 acres by a local jurisdiction to LAFCO outside of a voter- approved ULL will constitute non-compliance with the GMP. 2. For each jurisdiction, an applicable ULL shall be in place through each GMP compliance reporting period in order for the local jurisdiction to be found in compliance with the GMP requirements. July 12, 2016 Contra Costa County Board of Supervisors 82 43ccta.net f /Contra Costa Transportation Authority T @CCTA Y ccta.net/youtube Statement of Policy Complete Streets Policy Vision This Plan envisions a transportation system in which each component provides safe, comfortable and convenient access for every user allowed to use it. These users include pedestrians, bicyclists, transit riders, automobile drivers and their passengers, and truckers, and people of varying abilities, including children, seniors, people with disabilities and able- bodied adults. The goal of every transportation project is to provide safer, more accessible facilities for all users and all projects shall be planned, designed, constructed and operated to take advantage of that opportunity. By making streets more efficient and safe for all users, a complete streets approach will expand capacity and improve mobility for all users, giving commuters convenient options for travel and minimizing the need to widen roadways. Policy To achieve this vision, all recipients of funding through this Plan shall consider and accommodate, wherever possible and subject to the Exceptions listed in this Policy, the needs of all users in the planning, design, construction, reconstruction, rehabilitation and maintenance of the transportation system. This determination shall be consistent with the exceptions listed below. Achieving this vision will require balancing the needs of different users, and may require reallocating existing right of way for different uses. The Authority shall revise its project development guidelines to require the consideration and accommodation of all users in the design and construction of projects funded with Measure funds and shall adopt peer review and design standards to implement that approach. The guidelines will allow flexibility in responding to the context of each project and the needs of users specific to the project’s context, and will build on accepted best practices for complete streets and context-sensitive design. To ensure that this policy is carried out, the Authority shall prepare a checklist that sponsors of projects using Measure funds must submit that documents how the needs of all users were considered and how they were accommodated in the design and construction of the project. In the checklist, the sponsor will outline how they provided opportunity for public input, in a public forum, from all users early in the project development and design process. If the proposed project or program will not provide context appropriate conditions for all users, the sponsor shall document the reasons why in the checklist, consistent with the following section on “exceptions” below. The completed checklist shall be made part of the approval of programming of funding for the project or the funding allocation resolution. Recipients of Local Maintenance and Improvements funds shall adopt procedures that ensure that all agency departments consider and accommodate the needs of all users for projects or programs affecting public rights of way for which the agency is responsible. These procedures shall: 1) be consistent with and be designed to implement each agency’s general plan policies once that plan has been updated to comply with the Complete Streets Act of 2008, 2) involve and coordinate the work of all agency departments and staff whose projects will affect the public right of way, 3) consider the complete street design standards adopted by the Authority, and 4) provide opportunity for public review by all potential users early in the project development and design phase so that options can be fully considered. This review could be done through an advisory committee such as a Bicycle and Pedestrian Advisory Committee or as part of the review of the agency’s capital improvement program. July 12, 2016 Contra Costa County Board of Supervisors 83 44 ccta.net f /Contra Costa Transportation Authority T @CCTA Y ccta.net/youtube As part of their biennial Growth Management Program checklist, agencies shall list projects funded by the Measure and detail how those projects accommodated users of all modes. As part of the multi-jurisdictional planning required by the Growth Management Program, agencies shall work with the Authority and the Regional Transportation Planning Committees to harmonize the planning, design and construction of transportation facilities for all modes within their jurisdiction with the plans of adjoining and connecting jurisdictions. Exceptions Project sponsors may provide a lesser accommodation or forgo complete street accommodation components when the public works director or equivalent agency official finds that: 1. Pedestrians, bicyclists, or other users are prohibited by law from using the transportation facility, 2. The cost of new accommodation would be excessively disproportionate to the need or probable use, or 3. The sponsor demonstrates that, such accommodation is not needed, based on objective factors including: a. current and projected user demand for all modes based on current and future land use, and b. lack of identified conflicts, both existing and potential, between modes of travel. Project sponsors shall explicitly approve exceptions findings as part of the approval of any project using measure funds to improve streets classified as a major collector or above.1 Prior to this project sponsors must provide an opportunity for public input at an approval body (that regularly considers design issues) and/or the governing board of the project sponsor. 1. Major Collectors and above, as defined by the California Department of Transportation California Road System (CRS maps). July 12, 2016 Contra Costa County Board of Supervisors 84 45ccta.net f /Contra Costa Transportation Authority T @CCTA Y ccta.net/youtube Statement of Policy Advance Mitigation Program The Authority is committed to participate in the creation and funding of an Advance Mitigation Program as an innovative way to advance needed infrastructure projects more efficiently and provide more effective conservation of our natural resources, watersheds and wetlands, and agricultural lands. As a global biodiversity hot spot, the Bay Area and Contra Costa County hosts an extraordinarily rich array of valuable natural communities and ecosystems that provide habitat for rare plants and wildlife, and support residents’ health and quality of life by providing clean drinking water, clean air, opportunities for outdoor recreation, protection from disasters like flooding, landslides, and adaptation to climate change. The Advance Mitigation Program aims to integrate conservation into infrastructure agencies’ plans and project development well in advance and on a regional scale to reduce potential impacts of transportation projects, as well as to drive mitigation dollars to protect regional conservation priorities and protect important ecological functions, watersheds and wetlands, and agricultural lands that are at threat of loss. The Advance Mitigation Program will provide environmental mitigation activities specifically required under the California Environmental Quality Act (CEQA), National Environmental Policy Act (NEPA), Clean Water Act Section 401 and Section 404, and other applicable regulations in the implementation of the major highway, transit and regional arterial and local streets and roads projects identified in the Plan. The Authority’s participation in an Advance Mitigation Program is subject to the following conditions: 1. Development of a Regional Conservation Assessment/Framework that identifies conservation priorities and mitigation opportunities for all of Contra Costa County. The Regional Conservation Assessment/Framework will include countywide opportunities and strategies that are, among other requirements, consistent with and support the East Contra Costa County Habitat Conservation Plan/Natural Community Conservation Plan (East Contra Costa HCP/NCCP) for the areas of the county covered by the East Contra Costa HCP/NCCP. The Regional Conservation Assessment/Framework will identify mitigation opportunities for all areas of the county to ensure that mitigation occurs in the vicinity of the project impact to the greatest extent possible. The Authority will review and approve the Regional Conservation Assessment/Framework, in consultation with the RTPCs, prior to the allocation of funds for Advance Mitigation Program. 2. Development of a Project Impacts Assessment that identifies the portfolio of projects to be included in the Advance Mitigation Program and the estimated costs for mitigation of the environmental impacts of the projects. The Authority will review and approve the Project Impacts Assessment prior to the allocation of funds for the Advance Mitigation Program. The Assessment and estimated costs do not in any way limit the amount of mitigation that may be necessary or undertaken for the environmental impacts of the projects. 3. Development of the legislative and regulatory framework necessary to implement an Advance Mitigation Program in Contra Costa County. 4. The identification of the Implementing Agency to administer the Advance Mitigation Program for Contra Costa County or portions of the Bay Area Including Contra Costa County. The Authority will determine the amount of funds to be dedicated to this Program following the satisfaction of the above conditions. Funds from the Plan will be allocated consistent with the Regional Conservation Assessment/Framework to fund environmental mitigation activities required in the implementation of the major highway, transit and regional arterial and local streets and roads projects identified in the Plan. If this approach cannot be fully implemented, these funds shall be used for environmental mitigation purposes on a project by project basis. Mitigation required for future transportation improvements identified in the Plan are not limited by the availability of funding or mitigation credits available in the Program. July 12, 2016 Contra Costa County Board of Supervisors 85 46 ccta.net f /Contra Costa Transportation Authority T @CCTA Y ccta.net/youtube Projects funded from the following categories of Expenditures are eligible for inclusion in the Advance Mitigation Program: • Major Streets, Complete Streets and Traffic Synchronization Project Grants • East Contra Costa Transit Extension • High Capacity Transit Improvements along the I-80 Corridor in West Contra Costa County • Traffic Flow Improvements Along I-680 and SR 24 • Traffic Flow Improvements Along SR 242 and SR 4 • I-80 Interchange Improvements at San Pablo Dam Road and Central Ave • I-680 and SR 4 Interchange Improvements • East County Corridor (Vasco Road and/or Byron Highway Corridors) • Pedestrian, Bicycle and Trail Facilities • Community Development Transportation Program July 12, 2016 Contra Costa County Board of Supervisors 86 47 July 12, 2016 Contra Costa County Board of Supervisors 87 48 ccta.net f /Contra Costa Transportation Authority T @CCTA Y ccta.net/youtube Taxpayer Safeguards and Accountability July 12, 2016 Contra Costa County Board of Supervisors 88 49ccta.net f /Contra Costa Transportation Authority T @CCTA Y ccta.net/youtube Governing Structure Governing Body and Administration The Authority is governed by a Board composed of 11 members, all elected officials, with the following representation: • Two members from the Central County Regional Transportation Planning Commission (RTPC) also referred to as TRANSPAC • Two members from the East County RTPC, also referred to as TRANSPLAN • Two members from the Southwest County RTPC, also referred to as SWAT • Two members from the West County RTPC, also referred to as WCCTAC • One member from the Conference of Mayors • Two members from the Board of Supervisors The Authority Board also includes three (3) ex-officio, non-voting members, appointed by the MTC, BART and the Public Transit Operators in Contra Costa County. The four subregions within Contra Costa: Central, West, Southwest and East County are each represented by a Regional Transportation Planning Commission (RTPC). Central County (TRANSPAC subregion) includes Clayton, Concord, Martinez, Pleasant Hill, Walnut Creek and the unincorporated portions of Central County. West County (WCCTAC subregion) includes El Cerrito, Hercules, Pinole, Richmond, San Pablo and the unincorporated portions of West County. Southwest County (SWAT subregion) includes Danville, Lafayette, Moraga, Orinda, San Ramon and the unincorporated portions of Southwest County. East County (TRANSPLAN subregion) includes Antioch, Brentwood, Oakley, Pittsburg and the unincorporated portions of East County. Public Oversight Committee The Public Oversight Committee (Committee) shall provide diligent, independent and public oversight of all expenditures of Measure funds by Authority or recipient agencies (County, cities and towns, transit operators, etc). The Committee will report to the public and focus its oversight on the: • Review of allocation and expenditure of Measure funds to ensure that all funds are used consistent with the Measure. • Review of fiscal audits of Measure expenditures. • Review of performance audits of projects and programs relative to performance criteria established by the Authority, and if performance of any project or program does not meet its established performance criteria, identify reasons why and make recommendations for corrective actions that can be taken by the Authority Board for changes to project or program guidelines. • Review of application of the Performance-based Review policy • Review of the maintenance of effort compliance requirements of local jurisdictions for local streets, roads and bridges funding. • Review of each jurisdiction’s Growth Management Checklist and compliance with the Growth Management Plan policies. The Committee shall prepare an annual report including an account of the Committee’s activities during the previous year, its review and recommendations relative to fiscal or performance audits, and any recommendations made to the July 12, 2016 Contra Costa County Board of Supervisors 89 50 ccta.net f /Contra Costa Transportation Authority T @CCTA Y ccta.net/youtube Authority Board for implementing the expenditure plan. The report will be noticed in local media outlets throughout Contra Costa County, posted to the Authority Website and made continuously available for public inspection at Authority offices. The report shall be composed of easy to understand language not in an overly technical format. The Committee shall make an annual presentation to the Authority Board summarizing the annual report subsequent to its release. Committee members shall be selected to reflect community, business organizations and other interests within the County. The goal of the membership makeup of the Public Oversight Committee is to provide a balance of viewpoints including but not limited to geography, age, gender, ethnicity and income status to represent the different perspectives of the residents of Contra Costa County. One member will be nominated by each of the four subregions with the RTPC representing the subregion nominating the member. The Board of Supervisors will nominate four members, with each of these four members residing in and representing one of the county’s four subregions. Eight members will be nominated by each respective organization detailed here, with each having one representative: League of Women’s Voters, Contra Costa Taxpayers Association, East Bay Leadership Council, Building and Construction Trades Council, Central Labor Council, Paratransit Coordinating Council, Bike East Bay, and environmental and/or open space organizations operating in Contra Costa County (specific organization may vary during the life of the measure). About one half of the initial member appointments will be for two years and the remaining appointments will be for three year terms. Thereafter, members will be appointed to two year terms. Any individual member can serve on the Committee for no more than 6 consecutive years. Committee members will be Contra Costa County residents who are not elected officials at any level of government or public employees from agencies that either oversee or benefit from the proceeds of the Measure. Membership is restricted to individuals with no economic interest in any of Authority’s projects or programs. If a member’s status changes so that he/she no longer meet these requirements, or if a member resigns his/her position on the Committee, the Authority Board will issue a new statement of interest from the same stakeholder category to fill the vacant position. The Committee shall meet up to once a month to carry out its responsibility, and shall meet at least once every 3 months. Meetings shall be held at the same location as the Authority Board meetings are usually held, shall be open to the public and must be held in compliance with California’s open meeting law (Brown Act). Meetings shall be recorded and the recordings shall be posted for the public. Members are expected to attend all meetings. If a member, without good reason acceptable to the Chair of the Committee, fails to attend either (a) two or more consecutive meetings or (b) more than 3 meetings a year, the Authority Board will request a replacement from the stakeholder categories listed above. The Authority commits to support the oversight process through cooperation with the Committee by providing access to project and program information, audits, and other information available to the Authority, and with logistical support so that the Committee may effectively perform its oversight function. The Committee will have full access to Authority’s independent auditors, and may request Authority staff briefings for any information that is relevant to the Measure. The Committee Chair shall inform the Authority Board Chair and Executive Director of any concern regarding Authority staff’s commitment to open communication, the timely sharing of information, and teamwork. The Committee shall not have the authority to set policy or appropriate or withhold funds, nor shall it participate in or interfere with the selection process of any consultant or contractor hired to implement the expenditure plan. The Committee shall not receive monetary compensation except for the reimbursement of travel or other incidental expenses, in a manner consistent with other Authority advisory committees In order to ensure that the oversight by the Committee continues to be as effective as possible, the efficacy of the Committee’s Charter (i.e. this document) will be evaluated on a periodic basis and a formal review will be conducted by the Authority Board, Executive Director and the Committee a minimum of every five years to determine if any amendments July 12, 2016 Contra Costa County Board of Supervisors 90 51ccta.net f /Contra Costa Transportation Authority T @CCTA Y ccta.net/youtube to this Charter should be made. The formal review will include a benchmarking of the Committee’s activities and charter with other best-in-class oversight committees. Amendments to this Charter shall be proposed by the Committee and adopted or rejected by the Authority Board. The Committee replaces the Authority’s existing Citizens Advisory Committee. Advisory Committees The Authority will continue the committees that were established as part of the Transportation Partnership Commission organization as well as other committees that have been utilized by the Authority to advise and assist in policy development and implementation. The committees include: The Regional Transportation Planning Committees that were established to develop transportation plans on a geographic basis for sub-areas of the County, and • The Technical Coordinating Committee that will serve as the Authority’s technical advisory committee. • The Paratransit Coordinating Council • The Bicycle and Pedestrian Advisory Committee • Bus Transit Coordinating Committee Implementing Guidelines This Transportation Expenditure Plan (Plan) is guided by principles that ensure the revenue generated by the sales tax is spent only for the purposes outlined in this Plan in the most efficient and effective manner possible, consistent with serving the transportation needs of Contra Costa County. The following Implementing Guidelines shall govern the administration of sales tax revenues by the Authority. Additional detail for certain Implementing Guidelines is found elsewhere in this Plan. Duration of the Plan The duration of the Plan shall be for 30 years from April 1, 2017 through March 31, 2047. Administration of the Plan 1. Funds only Projects and Programs in the Plan: Funds collected under this Measure may only be spent for purposes identified in the Plan, as it may be amended by the Authority governing body. Identification of Projects or Programs in the Plan does not ensure their implementation. As authorized, the Authority may amend or delete Projects and Programs identified in the Plan, including to provide for the use of additional federal, state and local funds, to account for unexpected revenue, to maintain consistency with the current Contra Costa Countywide Transportation Plan, to take into consideration unforeseen circumstances, and to account for impacts, alternatives, and potential mitigation determined during review under the California Environmental Quality Act (CEQA) at such time as each Project and Program is proposed for approval. 2. All Decisions Made in Public Process: The Authority is given the fiduciary duty of administering the transportation sales tax proceeds in accordance with all applicable laws and with the Plan. Activities of the Authority will be conducted in public according to state law, through publically noticed meetings. The annual budgets of Authority, strategic plans and annual reports will all be prepared for public review. The interest of the July 12, 2016 Contra Costa County Board of Supervisors 91 52 ccta.net f /Contra Costa Transportation Authority T @CCTA Y ccta.net/youtube public will be further protected by a Public Oversight Committee, described previously in the Plan. 3. Salary and Administration Cost Caps: Revenues may be expended by the Authority for salaries, wages, benefits, overhead and those services including contractual services necessary to administer the Measure; however, in no case shall the expenditures for the salaries and benefits of the staff necessary to perform administrative functions for the Authority exceed one half percent (0.5%) of revenues from the Measure. The allocated costs of Authority staff who directly implement specific projects or programs are not included in the administrative costs. 4. Expenditure Plan Amendments Require Majority Support: The Authority may review and propose amendments to the Expenditure Plan and the Growth Management Program to provide for the use of additional federal, state and local funds, to account for unexpected revenues, or to take into consideration unforeseen circumstances. Affected Regional Transportation Planning Committee(s) will participate in the development of the proposed amendment(s). A majority of the Authority Board is required to approve an amendment and all jurisdictions within the county will be given a 45 day period to comment on any proposed Expenditure Plan amendment. 5. Augment Transportation Funds: Funds generated pursuant to the Measure are to be used to supplement and not replace existing local revenues used for transportation purposes. Any funds already allocated, committed or otherwise included in the financial plan for any project in the Plan shall be made available for project development and implementation as required in the project’s financial and implementation program. 6. Jurisdiction: The Authority retains sole discretion regarding interpretation, construction, and meaning of words and phrases in the Transportation Expenditure Plan. Taxpayer Safeguards, Audits and Accountability 7. Public Oversight Committee: The Public Oversight Committee will provide diligent, independent and public oversight of all expenditures of Measure funds by Authority or recipient agencies (County, cities and towns, transit operators, etc). The Committee will report to the public and focus its oversight on annual audits, the review and allocation of Measure funds, the performance of projects and programs in the Plan, and compliance by local jurisdictions with the maintenance of effort and Growth Management Program described previously in the Plan 8. Fiscal Audits: All Funds expended by Authority directly and all funds allocated by formula or discretionary grants to other entities are subject to fiscal audit. Recipients of Local Streets Maintenance & Improvements, Bus Transit and Other Non-Rail Transit Enhancements, or Transportation for Seniors & People With Disabilities programs funding (including but not limited to County, cities and towns and transit operators) will be audited at least once every five (5) years, conducted by an independent CPA. Any agency found to be in non-compliance shall have its formula sales tax funds withheld, until such time as the agency is found to be in compliance. 9. Performance Audits: The following funding categories shall be subject to performance audits by the Authority: Local Streets Maintenance and Improvements, Major Streets/Complete Streets/Traffic Signal Synchronization Program, Bus Transit and Other Non-Rail Transit Enhancements, Transportation for Seniors and People with Disabilities, Safe Transportation for Children, Intercity Rail and Ferry Service, Pedestrian, Bicycle, and Trail Facilities, Community Development Transportation Program, and Innovative Transportation Technology/ Connected Communities Program. Each year, the Authority shall select and perform a focused performance audit on two or three of the funding categories listed above, so that at the end of the fourth year all funding categories listed above are audited. This process shall commence two years after passage of the new sales tax measure. Additional Performance Audits shall continue on a similar cycle for the duration of the Plan. The performance audits shall provide an accurate quantitative and qualitative evaluation of the funding categories to determine the effectiveness in meeting the performance criteria established by the Authority. In the event July 12, 2016 Contra Costa County Board of Supervisors 92 53ccta.net f /Contra Costa Transportation Authority T @CCTA Y ccta.net/youtube that any performance audit determines that a funding category is not meeting the performance requirements established by the Authority, the audit shall include recommendations for corrective action including but not limited to revisions to Authority policies or program guidelines that govern the expenditure of funds. 10. Maintenance of Effort (MOE): Funds generated by the new sales tax Measure are to be used to supplement and not replace existing local revenues used for streets and highways purposes. The basis of the MOE requirement will be the average of expenditures of annual discretionary funds on streets and highways, as reported to the Controller pursuant to Streets and Highways Code Section 2151 for the three most recent fiscal years before the passage of the Measure where data is available. The average dollar amount will then be increased once every three years by the construction cost index of that third year. Penalty for non-compliance of meeting the minimum MOE is immediate loss of all Local Streets Maintenance and Improvements funds until MOE compliance is achieved. The audit of the MOE contribution shall be at least once every five years. Any agency found to be in non-compliance shall be subject to annual audit for three years after they come back into compliance. Any local jurisdiction wishing to adjust its maintenance of effort requirement shall submit to the Authority a request for adjustment and the necessary documentation to justify the adjustment. The Authority staff shall review the request and shall make a recommendation to the Authority. Taking into consideration the recommendation, the Authority may adjust the annual average of expenditures reported pursuant to Streets and Highways Code Section 2151. The Authority shall make an adjustment if one or more of the following conditions exists: 1. The local jurisdiction has undertaken one or more major capital projects during those fiscal years, that required accumulating unrestricted revenues (i.e., revenues that are not restricted for use on streets and highways such as general funds) to support the project during one or more fiscal years. 2. A source of unrestricted revenue used to support the major capital project or projects is no longer available to the local jurisdiction and the local jurisdiction lacks authority to continue the unrestricted funding source. 3. One or more sources of unrestricted revenues that were available to the local jurisdiction is producing less than 95 percent of the amount produced in those fiscal years, and the reduction is not caused by any discretionary action of the local jurisdiction. 4. The local jurisdiction Pavement Condition Index (PCI) is 70 or greater, as calculated by the jurisdiction Pavement Management System and reported to the Metropolitan Transportation Commission. 11. Annual Budget and Strategic Plan: Each year, the Authority will adopt an annual budget that estimates expected sales tax receipts, other anticipated revenue and planned expenditures for the year. On a periodic basis, the Authority will also prepare a Strategic Plan which will identify the priority for projects; the date for project implementation based on project readiness and availability of project funding; the state, federal and other local funding committed for project implementation, and other relevant criteria. The annual budget and Strategic Plan will be adopted by the Authority Board at a public meeting. 12. Requirements for Fund Recipients: All recipients of funds allocated in this expenditure plan will be required to sign a Master Cooperative Agreement that defines reporting and accountability elements and as well as other applicable policy requirements. All funds will be appropriated through an open and transparent public process. 13. Geographic Equity: The proposed projects and programs to be funded through the Plan constitute a “balanced” distribution of funding allocations to each subregion in Contra Costa County. However, through the course of the Measure, if any of the projects prove to be infeasible or cannot be implemented, the affected subregion may request that the Authority reassign funds to another project in the same subregion, as detailed in an Authority Fund Allocations policy, and to maintain a “balanced” distribution of funding allocations to each subregion. July 12, 2016 Contra Costa County Board of Supervisors 93 54 ccta.net f /Contra Costa Transportation Authority T @CCTA Y ccta.net/youtube Restrictions On Funds 14. Expenditure Shall Benefit Contra Costa County: Under no circumstance may the proceeds of this transportation sales tax be applied for any purpose other than for transportation improvements benefitting residents of Contra Costa County. Under no circumstance may these funds be appropriated by the State of California or any other local government agency as defined in the implementing guidelines. 15. Environmental Review: All projects funded by sales tax proceeds are subject to laws and regulations of federal, state, and local government, including the requirements of the California Environmental Quality Act (CEQA). Prior to approval or commencement of any project or program included in the Plan, all necessary environmental review required by CEQA shall be completed. 16. Performance-based Project Review: Before the allocation of any measure funds for the construction of a project with an estimated capital cost in excess of $25 million (or elements of a corridor project with an overall estimated cost in excess of $25 million), the Authority will: 1) verify that the project is consistent with the approved Countywide Transportation Plan (CTP), as it may be amended, 2) verify that the project is included in the Regional Transportation Plan / Sustainable Communities Strategy, and 3) require the project sponsor to complete a performance based review of project alternatives prior to the selection of a preferred alternative. Said performance based review will include, but not necessarily be limited to, an analysis of the project impacts on greenhouse gas emissions, vehicle miles travelled, goods movement effectiveness, travel mode share, delay (by mode), safety, maintenance of the transportation system and consistency with adopted Authority plans. The Authority may require the evaluation of other performance criteria depending on the specific need and purpose of the project. When appropriate, the Authority will encourage project sponsors to identify and select a project alternative that reduces greenhouse gas emissions as well as vehicle miles travelled per capita. The Authority will also prioritize and reward high performing projects by leveraging additional regional and other funding sources. The Authority shall adopt detailed guidelines for evaluating project performance and applying performance criteria in the review and selection of a preferred project alternative no later than October 1, 2018. 17. Countywide Transportation Plan: State law allows each county in the San Francisco Bay Area that is subject to the jurisdiction of the regional transportation planning agency to prepare a Countywide Transportation Plan (CTP) for the county and cities within the county. Both Measure C and Measure J also require the Authority to prepare and periodically update a CTP for Contra Costa. State law also created an inter-dependent relationship between the CTP and regional planning agency. Each CTP must consider the region’s most recently adopted Regional Transportation Plan (RTP) and Sustainable Communities Strategy (SCS) while the adopted CTPs must form the “primary basis” for the next RTP and SCS. The Authority shall follow applicable statutes and the most current guidelines for preparing the CTP, as established and periodically updated by the regional transportation planning agency. The Authority shall also use the CTP to convey the Authority’s investment priorities, consistent with the long-range vision of the RTP and SCS. 18. Complete Streets: The Authority has adopted a policy requiring all recipients of funding through this Plan to consider and accommodate, wherever possible, the needs of all users in the planning, design, construction, reconstruction, rehabilitation and maintenance of the transportation system. Achieving this vision will require balancing the needs of different users, and may require reallocating existing right of way for different uses. 19. Compliance with the Growth Management Program: If the Authority determines that a jurisdiction does not comply with the requirements of the Growth Management Program, the Authority shall withhold funds and also make a finding that the jurisdiction shall not be eligible to receive Local Streets Maintenance & Improvements or Community Development Transportation Program (CDTP) funding until the Authority determines the jurisdiction has achieved compliance, as detailed in the Growth Management Program section of the Plan. 20. Local Contracting and Good Jobs: Authority will develop a policy supporting the hiring of local contractors and businesses, including policy requiring prevailing wages, apprenticeship programs for Contra Costa residents, July 12, 2016 Contra Costa County Board of Supervisors 94 55ccta.net f /Contra Costa Transportation Authority T @CCTA Y ccta.net/youtube and veteran hiring policy (such as the Helmets to Hardhats program) to the extent permitted by law. The Authority, will adopt the aforementioned policy for projects and programs funded by the measure no later than April 1, 2018. 21. New Agencies: New cities or new entities (such as new transit agencies) that come into existence in Contra Costa County during the life of the Plan may be considered as eligible recipients of funds through a Plan amendment. 22. Countywide Transit Plan: The Authority will develop a countywide transit plan identifying services and projects to be funded with this Measure. The plan will be inclusive of services and projects in adopted plans of existing transit operators which have gone through a public review process prior to adoption. The plan will be periodically reviewed and updated. Funding will be allocated by the Authority throughout the County based on input from each Regional Transportation Planning Committee and on performance criteria established by the Authority in consultation with local and regional bus transit operators, providers of alternate non-rail transportation, and stakeholders. Said performance criteria will include a review of impact on Vehicle Miles Traveled (VMT) and Green-house Gas (GHG) and shall require a finding that any proposed new or enhanced services demonstrate the ability to improve regional and/or local mobility for Contra Costa residents. Project Financing Guidelines and Managing Revenue 23. Fiduciary Duty: Funds may be accumulated for larger or longer term projects. Interest income generated will be used for the purposes outlined in the Plan and will be subject to audits. 24. Project and Program Financing: The Authority has the authority to bond for the purposes of expediting the delivery of transportation projects and programs. The Authority will develop a policy to identify financing procedures for the entire plan of projects and programs. 25. Programming of Variations from the Expected Revenue: Actual revenues may, at times be higher or lower than expected in this Plan due to changes in receipts. Additional funds may become available due to the increased opportunities for leveraging or project costs being less than expected. Revenue may be lower than expected as the economy fluctuates. Determination of when the contingency funds become excess will be established by a policy defined by the Authority. Funds considered excess will be prioritized first to expenditure plan projects and programs, and second to other projects of regional significance that are consistent with the expenditure plan. The new project or program will be required to be amended into the expenditure plan. 26. Fund Allocations: Through the course of the Measure, if any of the projects do not require all funds programmed for that project or have excess funding, or should a planned project become undeliverable, infeasible or unfundable due to circumstances unforeseen at the time the expenditure plan was created, funding for that project will be reallocated to another project or program. The subregion where the project or program is located may request that the Authority reassign funds to another project in the same subregion. In the allocation of the released funds, the Authority in consultation with the subregion RTPC will in priority order consider: 1) a project or program of the same travel mode (i.e. transit, bicycle/pedestrian, or road) in the same subregion, 2) a project or program for other modes of travel in the same subregion, 3) other expenditure plan projects or programs, and 4) other projects or programs of regional significance. The new project or program or funding level may be required to be amended into the expenditure plan. 27. Leveraging Funds: Leveraging or matching of outside funding sources is strongly encouraged. Any additional transportation sales tax revenues made available through their replacement by matching funds will be spent based on the principles outlined for fund allocations described above. July 12, 2016 Contra Costa County Board of Supervisors 95 56 ccta.net f /Contra Costa Transportation Authority T @CCTA Y ccta.net/youtube Appendix Distribution of Funding By Subregion Funding Category $ millions %Central Southwest West East (a)(b) (c)(d) BART Capacity, Access and Parking Improvements 300.00 10.44%88.10 57.38 69.77 84.75 Bus Transit Enhancements in West Contra Costa 110.55 3.84%110.55 Bus Transit and Other Non-Rail Transit Enhancements in Central, East and Southwest Contra Costa 184.40 6.42%61.45 61.45 61.50 East Contra Costa Transit Extension 70.00 2.44%70.00 High Capacity Transit Improvements along the I-80 Corridor 55.00 1.91%55.00 Intercity Rail and Ferry Service Improvements 50.00 1.74%8.00 35.00 7.00 Traffic Flow Improvements & High Capacity Transit Implementation Along I-680 & SR 24 250.00 8.70%125.00 125.00 East County Corridor (Vasco Rd and/or Byron Highway Corridors)117.00 4.07%117.00 Traffic Flow Improvements along SR 242 & SR 4 108.00 3.76%44.00 64.00 I-80 Interchange Improvements at San Pablo Dam Road and Central Avenue 60.00 2.09%60.00 Interstate 680 and State Route 4 Interchange Improvements 60.00 2.09%60.00 Local Street Maintenance and Improvements 663.50 23.09%191.96 147.53 145.63 178.38 Add'l Local Street Maintenance and Improvements 20.00 0.70%20.00 Transportation for Seniors and People with Disabilities 115.01 4.00%30.80 19.30 28.15 36.76 Safe Transportation for Children 63.96 2.23%8.72 20.03 26.12 9.09 Major Streets, Complete Streets and Traffic Synchronization Project Grants 290.00 10.09%108.40 46.40 56.60 78.60 Pedestrian, Bicycle and Trail Facilities 115.00 4.00%28.30 30.35 26.41 29.94 Community Development Transportation Program 100.00 3.48%25.26 16.45 20.00 38.29 Innovative Transportation Technology / Connected Communities Grant Program 65.00 2.26%22.10 11.00 16.70 15.20 Transportation Planning, Facilities & Services 43.05 1.50%12.64 8.23 10.02 12.16 Regional Transportation Priorities 18.70 0.65%5.00 3.70 5.00 5.00 Administration 14.35 0.50%4.20 2.75 3.35 4.05 TOTAL 2873.52 100.0%843.93 549.57 668.30 811.72 Population Based Share 2873.5 843.87 549.58 668.33 811.72 Population Share (2030 Estimate) of Total 29.37%19.13%23.26%28.25% Numbers in this chart are rounded for viewing simplicity. Table of Expenditure Plan Funding Allocations July 12, 2016 Contra Costa County Board of Supervisors 96 July 12, 2016 Contra Costa County Board of Supervisors 97 www.CCTA.net f Contra Costa Transportation Authority T CCTA Y Contra Costa Transportation Authority July 12, 2016 Contra Costa County Board of Supervisors 98 Contra Costa County Growth Management Program Introduction CCTA’s Growth Management Program (GMP) has been an essential and successful part of the Transportation Expenditure Plans (TEP) since the passage of Measure C in 1988. The passage of Measure J in 2004 made several refinements to the Measure C GMP such as adding a requirement that each jurisdiction adopt a voter-approved Urban Limit Line (ULL). CCTA's proposed 2016 TEP includes additional elements that require each jurisdiction to adopt applicable growth management policies (ridgeline, wildlife corridor, blue-line stream, etc), modifies the process for a Minor (30 acres or less) adjustment to the ULL to require various findings, and requires that Minor adjustments to accommodate residential or commercial development include permanent mitigation of environmental impacts. The goals of the Measure J GMP are:  Assure that new residential, business and commercial growth pays for the facilities required to meet the demands resulting from that growth  Require cooperative transportation and land use planning among Contra Costa County, cities, towns, and transportation agencies  Support land use patterns within Contra Costa that make more efficient use of the transportation system, consistent with the General Plans of local jurisdictions  Support infill and redevelopment in existing urban and brownfield areas Evolution of the Contra Costa Growth Management Program / Timeline of Events:  1986 - Original Transportation Measure C fails. Original Measure C did not include a Growth Management Program  1988 - Revised Transportation Measure C passes, includes Growth Management Program to link transportation funding and growth management policies 2999 Oak Road, Suite 100, Walnut Creek CA 94597 Phone 925 256 4700 | Fax 925 256 4701 | www.ccta.net July 12, 2016 Contra Costa County Board of Supervisors 99 Contra Costa Growth Management Program June 14, 2016 Page 2  2004 - CCTA Measure J passes, continues Measure C Growth Management Program and adds requirement that each jurisdiction adopt a voter- approved Urban Limit Line (ULL). Once approved, an adjustment to the ULL requires voter approval, with the exception of Minor (less than 30 acre) adjustments.  2006 - Contra Costa County Measure L passes, establishes countywide ULL. Measure L includes provision for Minor (less than 30 acres) adjustments to ULL without public vote subject to findings by the County Board of Supervisors.  2016 - CCTA proposes new TEP with revisions to the GMP (jurisdictions must adopt applicable growth policies) and a modified process for Minor ULL adjustments (requirements for finding, including a finding of public benefit, and for permanent mitigation of environmental impacts if the adjustment is to accommodate residential or commercial development.) Proposed Changes to the Contra Costa Growth Management Program: CCTA's 2016 TEP proposes to add an 8th element to the GMP requiring jurisdictions to adopt applicable growth management policies. The text below summarizes the requirements of the GMP and outlines the new 8th element for additional growth management policies. To receive its share of return-to-source funds and be eligible for certain grant programs, each jurisdiction must meet all of the following: 1. Adopt a Growth Management Element — Each jurisdiction must adopt, or maintain in place, a Growth Management Element as part of its General Plan. 2. Adopt a development mitigation program — Each jurisdiction must adopt, or maintain in place, a development mitigation program to ensure that new growth is paying its share of the costs of that growth. This program shall consist of both a local program to mitigate impacts on local streets and other facilities and a regional program to fund regional and subregional transportation projects. July 12, 2016 Contra Costa County Board of Supervisors 100 Contra Costa Growth Management Program June 14, 2016 Page 3 3. Address Housing Options — Each jurisdiction shall demonstrate reasonable progress in providing housing opportunities for all income levels and shall consider the impacts that its land use and development policies have on the transportation system and shall incorporate policies and standards into its development approval process that support transit, bicycle and pedestrian access in new developments. 4. Participate in an Ongoing, Cooperative, Multi-Jurisdictional Planning Process — Each jurisdiction shall participate in an ongoing process with other jurisdictions and agencies, the Regional Transportation Planning Committees and the Authority to create a balanced, safe and efficient transportation system and to manage the impacts of growth. This cooperative process includes, among other things, the development and implementation of Action Plans for Routes of Regional Significance 5. Adopt an Urban Limit Line (ULL) —Each jurisdiction must continu- ously comply with an applicable, voter-approved ULL. All jurisdictions have either adopted the County's ULL or have adopted a Local voter- approved ULL. 6. Develop a Five-Year Capital Improvement Program — Each jurisdiction shall prepare and maintain a capital improvement program that outlines the capital projects needed to implement the goals and policies of the jurisdiction’s General Plan. 7. Adopt a Transportation Systems Management (TSM) Ordinance or Resolution — Each jurisdiction shall adopt a local ordinance or resolution that conforms to the model Transportation Systems Management Ordinance. 8. Adopt Additional Growth Management Policies, as applicable (proposed new GMP element) - each jurisdiction must adopt and maintain applicable growth management policies such as hillside, ridgeline and creek development policies and a wildlife corridor policy. Jurisdictions with Prime Farmland and Farmland of Statewide Importance in their planning areas must adopt an Agricultural Protection Policy. July 12, 2016 Contra Costa County Board of Supervisors 101 Contra Costa Growth Management Program June 14, 2016 Page 4 Compliance with these requirements is monitored through a GMP Checklist prepared and approved every other year by the local jurisdictions. Proposed Changes to the process to amend the Urban Limit Line (ULL): The requirement to adopt a voter-approved ULL was included in Measure J (2004). Once approved, an adjustment to the ULL requires voter approval, with the exception of Minor (less than 30 acre) adjustments. Measure J included a simple process to approve Minor amendments to the ULL. Paragraph 8.c. of Measure J (as amended) reads as follows: Adjustment of 30 Acres or Less. A local jurisdiction can undertake adjustments of 30 acres or less to its adopted ULL, consistent with these principles, without voter approval. Simply put, a jurisdiction can amend the ULL by up to 30 acres with a simple ma- jority vote of its governing body (city council or Board of Supervisors). Some jurisdictions including the County and the cities of Pittsburg, San Ramon and Oakley have included additional restrictions on Minor amendments to the ULL. In its Measure K (2006), the County established requirements of a 4/5 vote of the Board of Supervisors and the need to adopt applicable findings. CCTA's proposed 2016 TEP modifies the process to approve a Minor amendment to the ULL by establishing additional requirements of approval:  requires 4/5 majority vote of a jurisdictions governing body  requires adopting one or more findings as required by County's Measure L (2006)  requires a finding of "public benefit," as defined  requires permanent mitigation of environmental impacts if the Minor amendment is to accommodate housing or commercial development. In addition, the proposed 2016 TEP clarifies that Minor amendments to the ULL cannot be continuous with other non-voter approved amendments to the ULL and that amendments cannot create isolated pockets of land outside the existing ULL. July 12, 2016 Contra Costa County Board of Supervisors 102 Contra Costa Growth Management Program June 14, 2016 Page 5 The proposed changes increase the threshold for jurisdictions who have adopted the County's ULL but did not adopt a specific process to approve Minor amendments to the ULL. The proposed changes do not supersede locally adopted processes to approve a Minor amendment to the ULL that have a higher threshold (such as the City of Pittsburg which does not allow for any non-voter approved amendment to the ULL.) July 12, 2016 Contra Costa County Board of Supervisors 103 Click to edit Master subtitle stylePresentation to Contra Costa County Board of SupervisorsJuly 12, 20162016 Transportation Expenditure PlanJuly 12, 2016Contra Costa County Board of Supervisors104 Who We Are•Half‐cent sales tax approved in 1988, extended in 2004•Funded projects (Measure J):oCaldecott Tunnel Fourth BoreoWidening of State Route 4 East / WestoBART extensions in East CountyoNew BART parking in West CountyoHigh Occupancy Vehicle (HOV) lanesoNew pedestrian overcrossingsoIntermodal transit centersoVasco Rd Safety Imprvmnt. (Phase 1)Measure C (1988) and Measure J (2004)July 12, 2016Contra Costa County Board of Supervisors105 Development of 2016 Transportation Expenditure PlanJuly 12, 2016Contra Costa County Board of Supervisors106 Who We Are•Over the next 30 years:o27% growth in populationo36% increase in jobso70% increase in traffic•A new countywide funding plan is needed to keep Contra Costa County movingNeed for Transportation Expenditure PlanJuly 12, 2016Contra Costa County Board of Supervisors107 Who We Are•After extensive public engagement and analysis, CCTA has prepared a 30‐year transportation expenditure plan:oPromotes a strong economy and create jobsoProtects the environmentoEnhances the quality of life for all of Contra Costa’s diverse communities.Expenditure Plan OverviewJuly 12, 2016Contra Costa County Board of Supervisors108 iWhat the TEP FundsJuly 12, 2016Contra Costa County Board of Supervisors109 1July 12, 2016Contra Costa County Board of Supervisors110 1July 12, 2016Contra Costa County Board of Supervisors111 Who We Are•23.8% to Cities/County for Local Street Maintenance and Improvement•Overall, about 42% of total funding is for local programs •Local streets maintenance•Pedestrian / bicycle facilities•Major roads/complete streets•Safe transportation for children•Community development transportation programSignificant Funding for Local Infrastructure$/year (Constant Dollars)Measure JNew MeasureAntioch1,325$       1,820$       Brentwood931$          1,273$       Clayton236$          332$          Concord1,688$       2,562$       County2,846$       4,059$       Danville679$          923$          El Cerrito405$          541$          Hercules372$          496$          Lafayette442$          594$          Martinez572$          847$          Moraga309$          408$          Oakley593$          804$          Orinda405$          541$          Pinole317$          420$          Pittsburg845$          1,153$       Pleasant Hill585$          868$          Richmond1,412$       1,942$       San Pablo377$          503$          San Ramon928$          1,268$       Walnut Creek949$          1,430$       SUM16,218$    22,784$    July 12, 2016Contra Costa County Board of Supervisors112 Who We Are•$4 million per year to County for Local Street Maintenance•$117 million for Vasco Road ‐Byron Highway Connector and Safety Improvements•Accessible Transportation Service (ATS) Strategic Plan oMobility Management ModeloFunding for Transportation for Seniors and People with Disabilities tied to ATS plan•Community Development Transportation Program•Bike/Pedestrian ImprovementsoIron Horse Trail / Marsh Creek Trail eligibleBoard of Supervisor Priorities in TEPJuly 12, 2016Contra Costa County Board of Supervisors113 Who We Are•Major streets and complete streets competitive funding•$300 for Bar Cars / Station Improvements•Innovative approach to Bus Transit (10.25%)•Almost $600 million to relieve congestion on I‐680, I‐80 and SR4/SR242oFocus on increased occupancy and technologyOther Benefits to Contra Costa County•$70 million for eBART extension to Brentwood•Safe Transportation for Children •Innovative Transportation Technology ProgramJuly 12, 2016Contra Costa County Board of Supervisors114 Who We Are•New Growth Management Policies (as applicable)•New findings for minor Urban Limit Line adjustments•Complete Streets Policy•Advance Mitigation Program•Increase Accountability and OversightUpdated Growth Management and Other ProgramsJuly 12, 2016Contra Costa County Board of Supervisors115 •City / Town Councils approve TEPoUnanimous support from 19 city / town councils•Board of Supervisors (BOS) approve TEPActions to Place TEP on November 2016 Ballot•CCTA approve TEP, Adopt Ordinance and Request County to Consolidate and Call ElectionoJuly 20th  •BOS Adopt OrdinanceoAugust 2ndand 9th July 12, 2016Contra Costa County Board of Supervisors116 Who We AreRequest: Approve and Support the  2016 Transportation Expenditure PlanLet’s Make This Happen!July 12, 2016Contra Costa County Board of Supervisors117 July 12, 2016Contra Costa County Board of Supervisors118 RECOMMENDATION(S): 1. ACCEPT the report dated June 16, 2016, from the County's rate consultant, Crowe Horwath LLP, summarizing the results of their review of the Base Year Rate Application submitted by Garaventa Enterprises (Garaventa), attached as Exhibit A, which includes a recommended discounted rate for new commercial organics collection service mandated by recently approved State law, AB 1826. 2. APPROVE an increase, not to exceed 5.93%, to the maximum solid waste collection rates that Garaventa is allowed to charge their unincorporated area residential and commercial customers effective on or after August 15, 2016, upon completion of customer noticing required in the County's Franchise Agreement. FISCAL IMPACT: No impact to the County General Fund. The costs for County staff time and any related consulting services focused on administering the Franchise Agreement, including the rate setting process (rate review), are covered by solid waste/recycling collection franchise fees. BACKGROUND: In May of 1995, the County entered into a Franchise Agreement with Garaventa Enterprises (County / Garaventa Franchise) governing collection services provided in unincorporated East County areas for a period of 20 years. In August of 2011, the County approved the Third Amendment to the County / Garaventa Franchise Agreement, contingent upon implementation of a three cart collection system, that: extended the term of the Agreement for 10 APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/12/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I Supervisor Contact: David Brockbank (925) 674-7794 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 12, 2016 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 12, 2016 Contra Costa County Subject:Rate Changes for Solid Waste Collection in the Unicorporated Areas Served by Garaventa Enterprises Under the County Franchise Agreement July 12, 2016 Contra Costa County Board of Supervisors 119 BACKGROUND: (CONT'D) > years, established variable rate structure for new three cart collection services, and increased the Franchise Fee to be paid to the County from 5% to 7%. The Franchise Agreement grants Garaventa the exclusive privilege and duty to collect residential and commercial solid waste (includes curbside recyclables and organics) within the unincorporated service area (Franchise Area). The Garaventa Franchise Area covers the following seven (7) unincorporated areas, all but one of which is located in East County: 1. Bay Point (western portion) - District V 2. Bethel Island - District III 3. Brentwood, unincorporated - District III 4. Concord, unincorporated (portion) - District IV 5. Discovery Bay - District III 6. Knightsen - District III 7. Oakley - unincorporated - District III The Byron Sanitary District administers its own solid waste collection franchise agreement and regulates the residential rates for about 100 customers in Byron. The County establishes and regulates Collection Rates that Garaventa is allowed to charge for residential and commercial collection services provided in their Franchise Areas (except the unincorporated Concord area customers which have rates and services consistent with those approved by the City of Concord for neighboring incorporated area customers). These rates are established in accordance with the rate setting methodology set forth in the Board approved "Rate Setting Process and Methodology Manual for Sold Waste Collection Charges as Applied to Garaventa Enterprises" (Rate Manual). The Rate Manual establishes a Franchise-specific rate application and review process, involving detailed reviews periodically with intervening annual CPI-based adjustments provided for in the County/Garaventa Franchise, as described below: Every four (4) years (Base Years): Comprehensive rate reviews evaluating the Franchisee's (Garaventa's) actual and projected costs and revenues directly associated with the Franchise Area services and rates. Such reviews rely upon data submitted in detailed rate applications and accompanying audited financial statements; and a. Intervening years between Base Years (Interim Years): Rates are only adjusted in Interim Years if requested by the Franchisee or County. The Franchisee may request a rate change based on one of the following options. (1) a rate change which does not exceed the annual change in Consumer Price Index (CPI), (Board of Supervisors approval is not required), or (2) Interim Year rate changes calculated based on a weighted increase in controlled and uncontrolled costs, including tipping fees, regulatory charges and change in CPI (Board approval required). The hauler is not required to submit audited financial data with the interim year rate application. Therefore, the Interim Year Rate Review is less rigorous than that carried out in a Base Year. b. The Rate Manual provides for setting rates adequate to provide for recovery of the reasonable costs that Garaventa is projected to incur, plus allowable profit, for performing services under the Franchise Agreement. The Rate Manual also allows for consideration of rate adjustments based on special extraordinary cost increases consistent with the Franchise. History of Solid Waste Collection Rate Adjustments Since the Prior Base Year There have been various rate adjustments in the Garaventa Franchise Area since 1999 when the County adopted Garaventa's Rate Manual. The most recent Base Year rate adjustment for Garaventa was approved by the Board of Supervisors (Board) in 2011. Below is a brief summary of that review and subsequent allowable rate adjustments: 2011: Base Year Rates - The Base Year Rate Application submitted by Garaventa requested a rate increase of 21.10%. The County enlisted the services of the selected rate consulting firm, NewPoint Group (now Crowe Horwath), to assist with the review of the submitted Base Year Rate Application. NewPoint Group's report dated January 10, 2011 identified specific adjustments to costs and revenues identified in the application which resulted in a recommended increase of 13.88%. The adjustments reflected changes to the amount of revenue required to cover allowable costs, profit levels, and pass through costs. The recommended adjustments were consistent with the Board's discretion under the Franchise Agreement and with the guidance stated in the Rate Manual. In January 2011, the Board approved a 13.88% increase in maximum rates to be charged to residential and commercial customers served under the County/Garaventa Franchise Agreement. 2012: Interim Year Rates - There was no Interim Year Rate adjustment in 2012 due to the variable can rate structure and associated three cart services not being implemented until early 2012. In 2011, the County and Garaventa worked together to develop a new variable can rate structure that would provide residential customers with pricing incentive to reduce theirJuly 12, 2016 Contra Costa County Board of Supervisors 120 develop a new variable can rate structure that would provide residential customers with pricing incentive to reduce their disposal (smaller brown trash carts) by maximizing use of curbside recycling (blue cart) and composting (green carts). This was the final County Franchise Area to implement rate changes that satisfy the variable can rate structure program requirement in our State approved Countywide Integrated Waste Management Plan. In conjunction with the proposed Franchise Amendment and Base Year Rate adjustment, Garaventa requested that the Board consider changing the Rate Manual. In August 2011, the Board approved certain changes to the Rate Manual as well as the new variable can rate structure which was intended to be implemented simultaneously with the new three cart services.The resulting residential rate adjustments varied from reductions of 8% to increases 11.5% depending on the size of the trash cart selected by the customer. 2013: Interim Year Rates - Residential and commercial CPI rate increase of 2.06% that went into effect in February/March 2013. 2014: Interim Year Rates - Residential and commercial CPI rate increase of 2.38% that went into effect in February/March 2014. 2015: Interim Year Rates - Residential and commercial CPI rate increase of 2.78% that went into effect in February/March 2015. Crowe Horwath Review of Garaventa's Base Year Rate Application On October 27, 2015, Garaventa submitted a Base Year Rate Application proposing to increase solid waste collection rates by 5.67%. To determine the most appropriate Base Year Rate adjustment to recommend for Board consideration, County staff solicited assistance from Crowe Horwath (rate consultant) to review the Garaventa's 2016 Base Year Rate Application. During the consultant's review of the Rate Application, consistent with the Rate Manual, Garaventa provided additional information deemed necessary in order to complete the analysis . The result of Crowe Horwath's review is contained in their Final Report dated June 16, 2016, which is attached as Exhibit A, including discounted rate for new commercial organics collection services that are compliant with recent changes in State law, AB 1826. The Base Year Rate setting process requires that a detailed rate change application be submitted by Garaventa along with audited financial statement(s) and supplemental financial and operational information. Using the detailed financial data provided, Crowe Horwath reviewed the following major cost categories to determine the appropriate rate adjustment: Direct Labor Costs Tipping Fees Corporate and Local General and Administrative Costs Household Hazardous Waste Program Costs Trucking and Equipment Allowable Profit County's Franchise Fee BASE YEAR RATE APPLICATION ADJUSTMENTS: Garaventa's Base Year Rate Application proposes a residential and commercial rate increase of 5.67% for 2016. However, that was based on an error in the Franchise Fee formula in its Rate Application, which when fixed resulted in a proposed 6.16% increase for 2016. Crowe Horwath reviewed the Rate Application submitted by Garaventa for consistency with the Rate Manual, County policies, and waste management industry practices. Their analysis did a comparison on year-to-year changes in revenues and costs for reasonableness and solicited explanations from Garaventa for material changes. This included the examination of actual data for the years 2011 to 2014, estimated data for 2015, and projected data for 2016. Crowe Horwath's review of Garaventa's Rate Application led to recommended adjustments to various cost categories which included eliminating unallowable costs and adding allowable costs for programs/services that were not accounted for in the original 2016 Base Year Rate Application. Based on this analysis, Crowe Horwath is recommending a 5.93% rate increase. The details of Crowe Horwath's recommended adjustments to the revenues, costs, and profits that Garaventa submitted in their Rate Application are discussed in the Final Report (Exhibit A), starting on Page 9. Table 1 below shows the recommended rate increase which provide Garaventa the profit level (operating ratio) allowed for based on the approved Rate Manual and Franchise. July 12, 2016 Contra Costa County Board of Supervisors 121 Table 1: Recommended Residential Collection Rates, per Customer, per Month in 2016 with +5.93% Increase Table E-1 and E-2 in Crowe Horwath's Final Report (pages 37 - 39 of Exhibit A) provide a comparison of Garaventa's County Franchise Area rates and other residential and commercial rates for customers in neighboring incorporated cities (e.g. Walnut Creek, Concord, Antioch), as well as the other unincorporated areas (e.g. Allied Waste Franchise Area and Unincorporated Central Contra Costa Solid Waste Authority). Compared to the other local incorporated/unincorporated areas surveyed, the recommended 2016 Base Year Rate adjustment would result in County/Garaventa residential customers with the two smallest cart sizes being charged rates that are between 21% to 46% above the average incorporated/unincorporated rates. However, the recommended rates would result in County/Garaventa residential customers with the two largest cart sizes being charged rates that are between 8% to 25% below the average incorporated/unincorporated rates. NEW COMMERCIAL ORGANICS SERVICE: Separate commercial organics collection service was not accounted for in the original Rate Application, but this is a service which recently became mandatory for certain entities based on change in State law pursuant to Assembly Bill 1826 (AB 1826). AB 1826 requires certain businesses to separate food scraps and other organics, like yard debris (also applies to multi-family, with the exception of food waste), for composting or anaerobic digestion, through a phased implementation program. Starting April 1, 2016, commercial businesses that generate 8 cubic yards or more of organic waste per week must arrange for the collection and recycling (composting) of this material. On January 1, 2017, businesses that generate 4 cubic yards of organics per week will also be required to divert this material. As of January 1, 2019, AB 1826 requires any business that generates 4 cubic yards or more of solid waste (consistent with the threshold for mandatory commercial recycling established previously through AB 341) must recycle their organic waste. The 4 cubic yards of solid waste threshold could be reduced to 2 cubic yards on or after January 1, 2020, if the state regulatory agency (CalRecycle), makes a specified determination prior to that date. Garaventa provided a list of 26 commercial customers that have weekly solid waste collection service of 5 cubic yards or more, which County staff and the consultant reviewed as potential customers that would be subject to AB 1826 regulations through 2017. Three of the original 26 commercial customers are currently subject to AB 1826, but two of them back-haul their organics to out-of-County composting facilities which is adequate for AB 1826 compliance, and the other one is having Garaventa provide organics collection service for which they are charged a rate equivalent to what is charged for solid waste (garbage) service. County staff is estimating that at least six of the remaining commercial customers would be subject to AB 1826 regulations in 2017, but further analysis will be conducted prior to January 1st of next year. Looking at the 2017 threshold dates, Garaventa should be able to incorporate organic collection service for these commercial customers into their standard residential routes. The recommended rate adjustment accounts for the shift in projected cost/revenue that is expected to result from charging customers a discounted monthly rate (75% of the maximum rate for routine collection of trash and non-organic recyclables) for the new commercial organics recycling collection service. Due to the limited number of commercial customers expected to require this new organics service, Garaventa is expected to be able to incorporate commercial organics collection into existing nearby routes which help minimize an adjustment needing to be incorporated into the overall Base Year rates, while facilitating the establishment of the discounted commercial organics rate (75%). CONSEQUENCE OF NEGATIVE ACTION: The County/Garaventa Franchise Agreement obligates the County to: set rates in a manner consistent with the approved Rate Manual consider fairness to both Garaventa Enterprises and Customers when setting rates, and set rates adequate to cover Garaventa's reasonable projected costs and allowable profit If a rate increase is not approved, Garaventa will not have a means to collect an adequate amount of revenue from the customers in the Garaventa Franchise Area to cover the company's costs for providing collection services to said customers. ATTACHMENTS Exhibit A: Final Report - Review of 2016 Garaventa Enterprises Rate Application Trash Cart Size Existing Maximum Monthly Rate Recommended Base Year Rate Increase for 2016 (5.93%) Recommended Maximum Monthly Base Year Rate for 2016 20 Gallon $27.61 $1.64 $29.25 32 Gallon $34.46 $2.04 $36.50 64 Gallon $39.97 $2.37 $42.34 96 Gallon $47.55 $2.82 $50.37 July 12, 2016 Contra Costa County Board of Supervisors 122 Exhibit A: Final Report - Review of 2016 Garaventa Enterprises Rate Application July 12, 2016 Contra Costa County Board of Supervisors 123 June 16, 2016 Ms. Deidra Dingman Conservation Programs Manager Contra Costa County Department of Conservation and Community Development 30 Muir Road Martinez, California 94553-4601 Subject: Final Report - Review of 2016 Garaventa Enterprises Rate Application Dear Ms. Dingman: This letter report represents results of Crowe Horwath LLP’s (Crowe) review of the 2016 rate application (Application) submitted by Garaventa Enterprises (Garaventa) to Contra Costa County (County). Garaventa provides refuse and recycling collection services in unincorporated Central and East Contra Costa County. This letter report is organized into eight (8) sections as follows: A. Summary B. Project Background C. Goals and Objectives of Rate Review D. Scope of Rate Review E. History of Collection Rates F. 2016 Base Year Rate Application G. Review of 2016 Base Year Rate Application H. Comparison of Rates and Services to Other Neighboring Jurisdictions. There are five (5) attachments to this report, as follows: A. 2016 Rate Application B. 2013 and 2014 Audited Financial Statements C. Exhibit III-1 from Rate Manual D. Adjusted Base Year Rate Model E. Comparative Rate Survey. A. Summary In its Application, Garaventa requested a rate increase of 5.67 percent for 2016. In its Application, Garaventa did not correctly apply the franchise fee formula and as a result, the request was actually for a 6.16 percent increase for 2016. Table 1 below shows our recommended rate increase which would provide Garaventa the target profit level allowed by the Rate Manual. Based on our review of Garaventa’s rate application, and applying the proscribed methodology contained in the Rate Manual, we conclude that a rate increase of 5.93 percent would be required for 2016. For residential customers, this rate increase corresponds to an increase of between $1.64 and $2.82 per customer, per month, depending on the residential service level. July 12, 2016 Contra Costa County Board of Supervisors 124 Table 1 Unincorporated Contra Costa County Recommended Residential Collection Rates, Per Customer, per Month (2016) B. Project Background Garaventa operates under an exclusive franchise with the County to collect, and remove for disposal and recycling, residential, commercial, and light industrial solid waste, recyclable materials, and green waste (organics). On May 9, 1995, the County signed a twenty (20) year franchise agreement with Garaventa. On August 9, 2011, the County approved the Third Amendment to the Franchise Agreement which extended the franchise term an additional ten (10) years through May 8, 2025 or until termination of the 3- Cart System, whichever is shortest. The Garaventa franchise includes the following six (6) service areas in unincorporated Contra Costa County (Exhibit 1 on the following page shows the location of each of these service areas): 1. Bay Point 2. Brentwood 3. Byron 4. Discovery Bay 5. Bethel Island, Knightsen & Oakley, unincorporated 6. North Concord, unincorporated. Garaventa consolidates refuse collected from unincorporated County areas at the Recycling Center and Transfer Station (RCTS) in Pittsburg, California. Garaventa then transports the refuse to Keller Canyon Landfill (located in unincorporated Contra Costa County) for disposal. Garaventa provides curbside recycling services to unincorporated County areas. Garaventa accepts the following recyclable material types: Glass bottles and jars Metals (aluminum cans, aluminum foil, aluminum pie plates, food cans, pet food cans, steel cans, tin cans) Motor oil and filters (on-call) Paper products, including boxes/packages; cardboard; catalogs; chipboard (cereal boxes, shoe boxes, etc.); colored paper; construction paper; copy paper; coupons; egg cartons; envelops; junk mail; loose newspaper; magazines; manila folders; newspaper inserts; office paper; paper bags; paper packaging; paper towel tubes; shredded paper; telephone books; and white paper Plastic products, including: CA redemption types #1 through #7); HDPE #2, detergent bottles, 5-gallon buckets; juice jugs/cartons; mile jugs/cartons; plastic bags; plastic laundry baskets; plastic water jugs; plastic plant pots; rinsed salad dressing bottles; rinsed yogurt and margarine containers; shampoo and bleach bottles; soda bottles; soft drink bottles (PET #1); and toys. Recommended Rate Increase (+5.93%) Service Level 2015 Collection Rate Rate Increase 2016 Collection Rate 20 Gallon $27.61 $1.64 $29.25 32 Gallon $34.46 $2.04 $36.50 64 Gallon $39.97 $2.37 $42.34 96 Gallon $47.55 $2.82 $50.37 July 12, 2016 Contra Costa County Board of Supervisors 125 Exhibit 1 Unincorporated Contra Costa County Map of Garaventa Enterprises Service Areas July 12, 2016 Contra Costa County Board of Supervisors 126 Residential customers commingle all of their recyclable materials into one 96-gallon cart (except customers located on Marsh Creek Road who place their recyclables out for collection in special company issued blue bags). Garaventa collects residential curbside recyclables bi-weekly. Garaventa takes recyclable materials to its RCTS facility where they are separated on a Materials Recovery Facility (MRF) sort line. Garaventa also provides residential customers with bi-weekly green waste collection service. Green waste material is consolidated and hauled to the Northern Recycling Compost Facility in Zamora, California. C. Goals and Objectives of Rate Review The Manual specifies that the primary goal of the rate setting process and methodology is to determine fair and equitable residential refuse collection charges that provide a reasonable profit level to Garaventa. Fairness is demonstrated through a rigorous review of Garaventa’s actual revenues and expenses. Residential charges also must be justifiable and supportable. Rate setting is prospective. The County sets rates in advance of when actual results occur. The County must therefore base rates on careful projections. To set rates, the County reviews trends in prior, current, and projected revenues, costs, and profits. The County sets rates that are intended to cover Garaventa’s costs of operations and allow a reasonable profit. The County uses the operating ratio (OR) method to project the profit level allowed to Garaventa in a base year. The actual OR level, or profit, received by Garaventa in a base year, and in subsequent interim years, is not however, guaranteed. D. Scope of Rate Review The County based the scope of work for this review on the requirements in the Manual. The base year process has eleven (11) steps, seven (7) of which are the County’s responsibility. Garaventa is responsible for the other four (4) steps. Crowe, as the Consultant, provided assistance to the “County” for six steps in the rate review process (#2, #3, #5, #6, #9, and #10). We reviewed and analyzed the 2016 rate application. We conducted our review in accordance with procedures described in the Manual. We completed the following activities during our review: Verified the Application was complete Determined data presented in the Application were mathematically correct and consistent Reviewed the reconciliation of calendar year 2014 financial information provided in the Application to the 2014 financial audit Compared actual 2014 results with estimated 2015 and projected 2016 financial results Analyzed significant historical fluctuations in major cost categories Examined the relationships between financial and operating information for reasonableness Reviewed Garaventa franchise fees payments to the County Presented a survey of rates in other similar neighboring communities. The County, Garaventa, and Crowe met on October 27, 2015 to discuss the Application, rate setting policy questions, and the rate review process. Crowe submitted two formal data requests to Garaventa on December 14, 2015 and February 5, 2016. Crowe received Garaventa’s final responses to the data requests on May 5, 2016. Crowe also met with Garaventa management on December 14, 2015, February 5, 2016, and April 13, 2016, in each case to ask Application questions and provide Garaventa with an opportunity to provide additional context and explain responses to the questions asked regarding the Application. July 12, 2016 Contra Costa County Board of Supervisors 127 E. History of Collection Rates Rate changes, since the County adopted the Manual in 1999, increased on a compounded basis by approximately 4.5 percent per year over the sixteen years since 1999, and are shown in Table 2. This includes implementation of various new programs, including the green waste program and a cart-based program. During this same timeframe the SF Bay Area CPI has increased on a compounded basis by approximately 3.4 percent. Table 2 Unincorporated Contra Costa County Historical Garaventa Residential Refuse Collection Rate Changes (1999 to 2015) Year Percent Change in Rate 1999 None 2000 +7.7 to 8.5% (new green waste program) 2001 None 2002 +7.66% (implemented in 2003) 2003 None 2004 (base) +0.00% residential +11.79% commercial 2005 +3.89% (interim year) 2006 +2.69% (interim year) 2007 +6.44% percent (interim year) 2008 +6.71% percent (base year) 2009 None 2010 None 2011 (base) 13.88% (base year) 2012 New variable can rate structure (varied from reductions of 8% to increase of 11.5% depending on rate category) 2013 2.06% (interim year) 2014 2.38% (interim year) 2015 2.78% (interim year) F. 2016 Base Year Rate Application The County received Garaventa’s Base Year Rate Change Application (Application) on October 27, 2015. A copy of the Application is provided in Attachment A, at the end of this report. Garaventa used year-to- date information (i.e., first quarter) to estimate 2015 financial results. Year 2016 results are entirely projected in the Application. Garaventa requested a 5.67 percent rate increase effective January 1, 2016. This request corresponds to a $2.27 per customer, per month, increase in the 64 gallon rate, the most common service level in this County franchise area. July 12, 2016 Contra Costa County Board of Supervisors 128 Our review did not represent a financial audit of Garaventa. VT Williams & Associates LLP completed a 2013 and 2014 financial audit of the four (4) Garaventa companies serving unincorporated County areas, including Brentwood Disposal Service, Inc., Delta Debris Box Service, Inc., Discovery Bay Disposal, Inc., and Pittsburg Disposal & Debris Box Service, Inc., (provided in Attachment B). We reconciled 2014 audited results from these companies to results presented in the Application. Portions of these companies’ financial results (with the exception of Discovery Bay Disposal) also included services provided by these companies to non-unincorporated County franchised areas. For example, in addition to unincorporated areas around Brentwood served under the County franchise, Brentwood Disposal also serves the City of Brentwood. G. Review of 2016 Base Year Rate Application This section details findings from Crowe’s review of Garaventa’s 2016 Application. We identified the impact of each finding in terms of a dollar value increase or a decrease in the 2016 “revenue requirement” identified in the Application. The revenue requirement is the amount of revenue that Garaventa needs to collect, through rates charged to customers, to cover costs of providing the service plus a reasonable financial return. Increasing the revenue requirement will result in an increase in rates, and decreasing the revenue requirement will result in a decrease in rates. Crowe reviewed the Application for consistency with the Manual, County policies, and waste management industry practices. In our review of Garaventa financial results, we compared year-to-year changes in revenues and costs for reasonableness and solicited explanations from Garaventa for material changes. We examined actual results from 2014, estimated results for 2015, and projected results for 2016. Our adjusted rate model is provided in Exhibit D-1, of Attachment D. 1. Garaventa Financial and Operating Results Since the 2011 Base Year In Table 3, we compare County approved rate changes with changes in residential revenues and residential accounts. Residential revenues increased 15 percent between 2011 and 2015. The increase is due to a combination of rate increases and the growth in residential accounts over this three year period. Table 3 Unincorporated Contra Costa County Comparison of Residential Rate Increases with Changes in Residential Revenues and Accounts (2011 to 2015) Year Rate Increases Change in Residential Accounts Change in Garaventa Residential Collection Revenues 2011 to 2015 11-17% 9% 15% In Table 4, we compare County approved commercial and light industrial rate changes with changes in commercial and light industrial service revenues and tons. From the time series, we find that there was an approximately 10 percent change to rates between 2011 and 2015, while commercial and light industrial tonnage increased by 19 percent. With the increase in commercial rates and tons, total commercial revenues also increased proportionately by 26 percent over the four years. July 12, 2016 Contra Costa County Board of Supervisors 129 Table 4 Unincorporated Contra Costa County Comparison of Commercial and Light Industrial Rate Increases with Changes in Commercial and Light Industrial Waste Revenues and Tonnage (2011 to 2015) Year Rate Increases Change in Commercial and Light Industrial Tons Change in Garaventa Commercial and Light Industrial Collection Revenues 2011 to 2015 ~10% 19% 26% For the above comparison, in addition to rate changes, we used the number of accounts as a proxy for changes to residential revenues while we used tonnage as a proxy for changes to commercial revenues. Tonnage is often more applicable for the commercial sectors as businesses are more inclined, than the residential sector, to adjust their service level based on tonnage changes. Between 2011 and 2016, total Garavanta unincorporated County revenues are expected to increase at a level that is less than the increase in Garaventa’s costs for that timeframe, as shown in Table 5. Garaventa costs are projected to increase 27 percent, while Garaventa revenues are expect to increase 21 percent. During the 2011 to 2015 period, Garaventa’s actual operating ratio ranged from 91 to 99 percent.1 Table 5 Unincorporated Contra Costa County Change in Garaventa Revenues and Costs (2011 to 2016) Description Percent Change Revenues 21% Costs 27% 2. Method for Allocating Garavanta Costs to County Areas Garaventa directly assigned revenue to each unincorporated County area. The Garaventa company’s billing system coded revenue by the jurisdiction in which the customer lives. Typically customers are billed in advance of services provided. Garaventa recognized revenue in the month earned. Table 6 below, shows methods used by Garaventa to allocate consolidated Garaventa costs to unincorporated County areas. Garaventa generally allocated consolidated costs to unincorporated County areas using labor hours (route hours) or the number of accounts. 1 The County’s target operating ratio (OR) during base years is 90 percent. A larger operating ratio represents a smaller than expected return. For 2015, the OR is estimated. July 12, 2016 Contra Costa County Board of Supervisors 130 Table 6 Unincorporated Contra Costa County Methodology Used by Garaventa to Allocate Consolidated Costs to the County Cost Allocation Method Direct Expenses Direct labor Labor Hours Disposal Fees Direct - Tons Franchise Fees Direct - Revenues Indirect Expenses Corporate Overhead Accounts Trucking and Equipment Leases Hybrid (Route hours and direct) Depreciation Direct General and Administrative Accounts Interest Expense Accounts Other Operating Expense Accounts Professional Fees Accounts Supervisory Accounts Garaventa companies serving the County have transactions with several related parties. These transactions/entities are identified in Table 7. Table 7 Garaventa Enterprises Related Party Transactions Cost Element Related Party Facilities/Space Rent Candy Properties Transfer Station Contra Costa Waste Services (CCWS) Recycling Processing Mt. Diablo Recycling Truck Leasing SEG Trucking July 12, 2016 Contra Costa County Board of Supervisors 131 3. Review of Garaventa’s Revenues, Costs, and Profits This section describes our review of each revenue, cost, and profit category. We identify various adjustments to the Application. The revenue requirement is equal to the sum of the following: Total allowable costs Allowable operating profits Total pass through costs. Garaventa’s requested County revenue requirement, as submitted in the Application, was $6,192,298. This figure is shown on line 30 of the Application in Attachment A. We relied on the methodology provided in Exhibit III-3 of the Manual to conduct this review. A copy of this exhibit is provided as Attachment C. i. Revenues Residential Revenues Garaventa projected an increase in residential revenues between 2015 and 2016 of 3 percent. Garaventa indicated in its Application that residential revenues increased by 3.4 percent from 2014 to 2015 and expects this trend to roughly continue into 2016. Garaventa indicated in its Application that residential accounts are expected to increase by 1.2 percent in 2016. Using Exhibit III-3, we adjusted the residential revenue projection based on use of the following formula: Estimated residential revenues in the “Current Year” multiplied by one plus the average annual compound rate of change in residential customer revenues over the prior two years.” We determined a rate of increase between 2015 and 2016 of 3.10%. Net Impact: [Decrease of $25,205 in the 2016 revenue requirement] Commercial and Light Industrial Revenues Garaventa projected no change in commercial cart/bin revenues between 2015 and 2016 and a 10 percent increase in industrial (debris box revenues) between 2015 and 2016. Commercial and light industrial revenues have been relatively stable since 2012. Using Exhibit III-3, we adjusted each of the commercial, and separately light industrial, revenue projections based on use of the following formula: Estimated commercial (separately light industrial) revenues in the “Current Year” multiplied by one plus the average annual compound rate of change in commercial (separately light industrial) customer revenues over the prior two years.” The rate of increase for commercial revenues was 0.01 percent and the rate of increase for light industrial revenues was 1.0 percent (not including a projected 10 percent rate increase on debris box revenues implemented in late 2015). Additionally, we slightly decreased the projected revenue to account for the elimination of the $1 per unit fee which used to be collected from one customer for recycling services to a 167-unit multi-family complex in Bethel Island (equal to $2,004 annually). Net Impact: [Decrease of $821 in the 2016 revenue requirement] July 12, 2016 Contra Costa County Board of Supervisors 132 ii. Costs Escalation Factor In accordance with Exhibit III-3, some cost categories are escalated using the average annual compound rate of change in the San Francisco-Oakland-San Jose area CPI (all items, all urban consumers, Series: CUURA422SAO) over the past three years. The average compound rate of change for the April to April CPI from 2012 to 2015 was 2.51 percent [(257.622/238.985) raised to the 1/3rd power minus 1]. Allowable Costs Direct Labor Garaventa projected labor costs to increase 2.8 percent for 2016. Using Exhibit III-3, we adjusted the direct labor projection based on use of the following set of labor-related formulas: Estimated direct labor wages in the “Current Year” multiplied by one plus the average annual compound rate of change in direct labor wages over the prior two years (0.2% increase) Estimated direct labor payroll taxes in the “Current Year” multiplied by one plus the average annual compound rate of change in direct labor payroll taxes over the prior two years (6.1% increase) Estimated direct labor health and welfare costs in the “Current Year” multiplied by one plus the average annual compound rate of change in direct labor health and welfare costs over the prior two years (4.4% increase) Estimated direct labor workers compensation costs in the “Current Year” multiplied by one plus the average annual compound rate of change in direct labor workers compensation costs over the prior two years (5.4% decrease) Estimated direct labor pension costs in the “Current Year” multiplied by one plus the average annual compound rate of change in direct labor pension costs over the prior two years (5.2% increase). Net Impact: [Decrease of $14,484 in the 2016 revenue requirement] Tipping Fees (Profit Allowed) Tipping fees charged to County ratepayers reflect costs of operating the Recycling Center and Transfer Station (RCTS) and the costs of disposal at Keller Canyon Landfill. The rate charged to Garaventa franchised customers at this facility is $93.00 per ton for January 1 through June 30, 2016. The rate increases to $99.00 per ton beginning July 1, 2016. These RCTS tipping fee rates are separately regulated by the City of Pittsburg. We obtained City Council documentation that provided support for these projected tipping fee rate increases. Tipping fees are allowed with profit up to $45.00 per ton. Amounts above $45.00 per ton are treated as a pass-through expense. The Manual specifies a cap on tipping fees allowed with profit at $45.00 per ton. Tipping fees in excess of $45.00 per ton are treated as a pass through expense. We determined that the tonnage for 2015 included in this calculation equaled 17,111. This tonnage was inclusive of approximately 13,521 tons of refuse and construction and demolition waste and 3,590 tons of greenwaste. This tonnage was based on annualizing six months of year to date 2015 tonnage data. There is a projected increase in refuse tonnage by approximately 1,100 tons (7 percent) from 2014. Tipping fees projected in the Application for 2016 were $1,653,630. Of this total, the Application specified $783,225 of these fees as an allowable expense with profit and $870,405 as a pass through expense. Using Exhibit III-3, we adjusted the tipping fee projection based on use of the following formula: July 12, 2016 Contra Costa County Board of Supervisors 133 Use of verified tipping fee rate multiplied by the projected Base Year disposal tonnage. The Base Year disposal tonnage is equal to the estimated Current Year disposal tonnage (17,111) multiplied by one plus the average annual compounded rate of change in disposal tonnage over the prior two years (5.18%), resulting in projected tonnage for 2016 of 17,997 rather than the 17,405 figure in the Application. Using a tipping fee rate of $93.00 per ton for January 1 through June 30, 2016 and $99.00 per ton between July 1, 2016 and December 31, 2016, the resulting total tipping fees are $1,727,671 for 2016, including $809,845 in tipping fees allowed with profit, and $917,825 in pass through tipping fees. Additionally, we made a minor overall $5 per ton tipping fee reduction for green waste to account for the difference in tipping fees (gate rates) charged as compared to general refuse. Net Impact: [Increase of $26,620 in the 2016 revenue requirement (for tipping fees with profit)] Corporate and Local General and Administrative (G&A) Costs Using Exhibit III-3, we adjusted the G&A projection based on use of the following formulas: Estimated G&A accounting costs based on the average of actual G&A accounting costs in the prior two years multiplied by one plus the average annual compound rate of change in the April to April CPI over the prior three years (represents a very minor cost) Estimated G&A legal costs based on the average of actual G&A legal costs in the prior two years multiplied by one plus the average annual compound rate of change in the April to April CPI over the prior three years (represents a very minor cost) Estimated G&A medical costs based on the average of actual G&A medical costs in the prior two years multiplied by one plus the average annual compound rate of change in the April to April CPI over the prior three years (represents a very minor cost) Estimated G&A other costs equal to the “Current Year” multiplied by one plus the average annual compound rate of change in the April to April CPI (2.51% increase). We also removed intercompany interest prior to the above calculation in accordance with the interest treatment specified in Section E-4, on page 26 of the Manual. The Manual specifies a cap on corporate and local general and administrative costs equal to 12.2 percent of the total revenue requirement. Projected 2016 corporate and local general and administrative costs of $744,848 are approximately 11.9 percent of the revenue requirement and within the cap guideline. Net Impact: [Increase in the 2016 revenue requirement of $26,971] Depreciation and Other Operating Costs Using Exhibit III-3, we adjusted the depreciation and other operating cost projection based on use of the following formula: Estimated deprecation costs in the Current Year multiplied by one plus the average annual compound rate of change in deprecation costs over the prior two years. Net Impact: [Decrease in the 2016 revenue requirement of $12,448] Services Provided to County The projected costs listed in the rate application, included the cost of services that would be provided to various public (non-County) customers. The Franchise Agreement does not authorize including the cost of services provided to other public agencies in rates charged all customers in the Franchise Area. Only community clean-up boxes or collection service(s) to County facilities are authorized to receive ratepayer July 12, 2016 Contra Costa County Board of Supervisors 134 subsidized services at no charge to the County. County staff determined that the costs to serve these public non-County customers (e.g. Water Treatment Plant) must not be included in the Base Year rates. Therefore, we removed the cost to serve these customers (equal to the rate that would have been charged less profit). Net Impact: [Decrease in the 2016 revenue requirement of $30,885] Pass Through Costs County Administrative Fee In the Application, Garaventa included Hazardous Waste Fees in this line item. We moved Hazardous Waste Fees to a separate line item (shown as a new Line 11 in Exhibit D-1). The remaining amount of $2,057 for 2016 represents AB 939 fees charged by the County on each ton of waste collected in the County. We then used Exhibit III-3 to adjust the County Administrative Fee cost projection based on use of the following formula: Average of actual County Administrative Fees in the prior two years ($2,026) multiplied by one plus the average annual compound rate of change in the April to April CPI over the prior three years (2.51 percent). Net Impact: [Increase in the 2016 revenue requirement of $20] Household Hazardous W aste Fees We obtained supporting documentation for more current actual year to date Hazardous Waste Fees and determined that a more accurate figure for 2015 was $45,585 rather than the $43,666 figure in the Application. We then used Exhibit III-3 to adjust the Household Hazardous Waste Fees cost projection based on use of the following formula: Average of actual Household Hazardous Waste Fees in the prior two years ($43,553) multiplied by one plus the average annual compound rate of change in the April to April CPI over the prior three years (2.51 percent). Net Impact: [Increase in the 2016 revenue requirement of $979] Trucking and Equipment Costs We initially verified the trucking and equipment costs for 2015 by reviewing lease expenses charged by SEG Trucking to County customers. Using Exhibit III-3, we then adjusted the Trucking and Equipment cost projection based on use of the following formula: Estimated trucking and equipment costs in the Current Year multiplied by one plus the average annual compound rate of change in trucking and equipment costs over the prior two years (a 2.3 percent escalation rate). Net Impact: [Decrease in the 2016 revenue requirement of $12,497] Tipping Fees (Pass-Through) The discussion related to tipping fees is provided above under Tipping Fees (with Profit). Net Impact: [Increase in the 2016 revenue requirement of $29,340 (for tipping fees, pass through)] July 12, 2016 Contra Costa County Board of Supervisors 135 Franchise Fees The County franchise agreement with Garaventa specifies that the County can establish an amount equal to “a percentage of Contractor’s [Garaventa’s] Gross Annual Revenues” with the “amount, time and frequency of payment of such fees established by the County.” The franchise fee paid by Garaventa to the County is currently equal to seven (7) percent of gross revenues. Gross revenues include all residential, commercial, and light industrial refuse and recycling revenue. Franchise fees are a pass through expense which do not earn profit. A summary of historical franchise fee payments made by Garaventa to the County is provided in Table 8. Amounts included in Garaventa’s Application, Garaventa’s detailed records, and in County records are very similar and the differences are considered immaterial and likely due to accounting versus payment timing differences. Garaventa included a franchise fee of seven (7) percent for the 2016 projection, however the calculation was incorrect in the original Application resulting in an increase of $37,598 in franchise fees. W e also made adjustments to franchise fees based on other findings noted above that modified the revenue requirement. Net Impact: [Increase in the 2016 revenue requirement in original Application of $37,598 plus increase in the 2016 revenue requirement of $989 for other findings in this report] Table 8 Garaventa Enterprises Comparison of Franchise Fees Paid to County (2014 and 2015) Year Application (Est.) Garaventa Payment Records County Reports 2013 $378,038 $383,721 2014 $385,681 $393,467 $393,920 2015 $397,863 $417,989 $417,989 iii. Profits Total allowable costs for the projection year 2016 are $2,674,566. The Manual specifies that should the operating ratio for the base year fall between 88 percent and 92 percent, rates would remain unchanged in the base year. Table 9 shows the operating ratio calculation for 2016. Without any changes to rates, the company would receive an operating ratio of 102 percent. In accordance with the Manual, because this operating ratio falls outside the 88 to 92 percent range, rates are reset for a 90 percent operating ratio.2 The operating ratio calculation is as follows: Operating Ratio (OR) = Total Allowable Costs Total Allowable Costs + Allowable Operating Profit The OR calculation is shown in Table 10, following Table 9. We calculate allowable profit of $297,174, at the allowable 90 percent operating ratio. 2 Source: Rate Setting Manual, page 18. July 12, 2016 Contra Costa County Board of Supervisors 136 Net Impact: [Decrease to the 2016 revenue requirement of $470] Table 9 Garaventa Enterprises Calculation of Actual Operating Ratio (Projection Year 2016) Description Amount Total Revenues (line 23) $ 5,888,631 Less Total Allowable Costs (line 7) (2,674,566) Less Franchise Fees (line 25) (436,470) Less Pass-Through Costs (line 13) (2,827,080) Equals Profit (Loss) (with adjustments and no rebasing) ($49,486) Operating Ratio (with adjustments and no rebasing) $2,674,566 / ($2,674,566 - $49,486) = 102% Table 10 Allowable Profit Calculation (Projection Year 2016) Description Amount (Total Allowable Costs / Operating Ratio) – Total Allowable Costs = Allowable Operating Profit ($2,674,566 / 90 percent) - $2,674,566 = $297,174 With the company’s profit level rebased to 90 percent, we recommend a rate increase of 5.93 percent. This is shown in the Adjusted Base Year 2016 column of Exhibit D-1 in Attachment D. 4. Review of Garaventa Revenues, Costs, and Profits for Potential Commercial Organics Program We verified the reasonableness of estimated costs of incorporating new weekly organics collection services for business customers captured by Assembly Bill 1826 (AB 1826). As background: Assembly Bill 1826 (Wesley Chesbro) - requires businesses to separate their food scraps and yard trimmings for composting or anaerobic digestion. AB 1826 builds on the mandatory commercial recycling program established by Assembly Bill 341. Beginning with the largest generators of food waste in 2016 and ramping down to the vast majority of businesses over several years, AB 1826 bill will require businesses to sign up for organics recycling service. Beginning on April 1, 2016, businesses that generate 8 cubic yards (CY) or more of organics a week must source separate food scraps and yard trimmings and arrange for recycling services for that organic waste. On January 1, 2017, businesses generating 4 CY or more per week of organics are also subject to the diversion requirement. The bill also requires a business that generates 4 CY or more of solid waste per week, on and after January 1, 2019, to arrange for organic waste recycling services. If the California Department of Resources Recycling and Recovery (CalRecycle) makes a specified determination, CalRecycle could decrease that amount to 2 CY, on or after January 1, 2020. July 12, 2016 Contra Costa County Board of Supervisors 137 Each jurisdiction, on and after January 1, 2016, is required to implement an organics recycling program to divert organics from the businesses subject to this act, thereby imposing a state- mandated local program by imposing new duties on local governmental agencies. Garaventa provided us with a list of their commercial customers, which we reviewed with County staff. The company identified 26 customers that have weekly solid waste collection service of five or more cubic yards (not including organics or recyclable materials). Therefore, these customers may be subject to AB 1826 regulations on or after 2017. Three of these commercial customers are either multi-family residential or mobile home parks none of which are expected to require organics service under AB 1826 since the law states that food waste is not required to be included in organics thresholds applicable to multi-family complexes. The other 23 customers are commercial/light industrial businesses. Three of those commercial businesses may currently be subject to AB 1826 (effective April 2016), where two of them are already backhauling their organics to out-of-County composting facilities and one is signed up for organics collection through the company and paying the equivalent amount as they would for garbage collection. Based on the type of company, and the current level of collection service for these remaining 20 customers, County staff concluded that six customers could be subject to AB 1826 in 2017.3 Both for 2017 and 2019 we estimate that with additional labor-time and routing, Garaventa will be able to incorporate organics collection service for these commercial customers into their standard residential customer routes (where appropriate) to collect the organics material from these customers. The County also requested that we estimate the impact under the assumption that the rate for organics service to businesses be set at 75 percent of the refuse collection rate. The estimated annual diversion of food waste from this program in 2019 is approximately 140 tons. Net Impact: [Increase of approximately $20,610 to the annual revenue requirement to meet the 2017 AB 1826 requirement. Increase of $53,194 to the annual revenue requirement to meet full implementation requirement (full participation) of AB 1826 in 2019 [note: these program costs are not reflected in the Crowe analysis and adjustments provided in Attachment D-1] 5. Components of Residential Rates There are a number of cost components which are included in residential rates. Using the 32-gallon residential cart rate as an example, the pie chart in Figure 1 shows the major components of the projected 2016 rates, and the relative costs of each component. Line item references are made to the Application. Table 11 shows that the components of the single can rate have remained relatively stable over time since 2003. Cost categories are described below: Direct Labor includes compensation of the waste removal staff, including regular time, overtime, payroll taxes, and benefits. This category corresponds to Direct Labor (Line 1) of the adjusted application. Tipping Fees include all charges for disposal of solid waste at a landfill or transfer station, which are currently set at $93.00 per ton. A cap on the allowable expense portion of tipping fees is set at $45.00 per ton. The remaining fees between $45.00 and $93.00 per ton treated as are a pass- through expense. These tipping fees also include transportation costs from the transfer station to the landfill. This category corresponds to Tipping Fees with Profit (Line 2) and Tipping Fees (Pass-Through) (Line 13) of the adjusted application. Corporate and Local General and Administrative Costs include accounting, office space rental, utilities, office supplies, legal services, insurance, postage, etc. for Garaventa. These costs are identified as Corporate and Local General and Administrative Costs (Line 3), Services Provided to County (Line 5), County Administrative Fees (Line 10), and Household Hazardous Waste Fees (Line 11) of the adjusted application. Trucking and Equipment includes depreciation and leases of trucks, fuel expenses, licenses, parts, tires, and repair and maintenance expenses. These costs are identified as Trucking and 3 The exact number of customers is unknown as there is no data available that characterizes the waste stream of these customers. July 12, 2016 Contra Costa County Board of Supervisors 138 Equipment (Line 12) and Depreciation and Other Operating Costs (Line 4) of the adjusted application. Profit is any revenue which exceeds expenses (total allowable costs plus total pass-through costs). The operating ratio method is used to determine allowable profit, as discussed in the profit analysis section of this report. Profit is shown in Line 9 of the adjusted application. County’s Franchise Fee is 7.0 percent of total residential/curbside recycling, commercial, and light industrial revenues. Franchise fees are shown in Line 25 of the adjusted application. Figure 1 Components of Rate (Projection Year 2016) Table 11 Components of Single Can Rate Over Time (2003 to 2016) Description 2003 2007 2010 2016 Tipping Fees 26% 29% 26% 27% Direct Labor 20% 20% 20% 16% Trucking and Equipment 30% 28% 31% 32% Corporate and Local G&A 12% 12% 12% 13% Profit 6% 6% 5% 5% Franchise Fees 5% 5% 6% 7% Direct Labor 16% Tipping Fees 27% Trucking/Equipment 32% Corp and Local G&A 13% Profit 5% Franchise Fees 7% July 12, 2016 Contra Costa County Board of Supervisors 139 H. Comparison of Rates and Services to Other Neighboring Jurisdictions Recommended 2016 Garaventa unincorporated County rates were compared with survey data from other County franchise areas and a sample of neighboring jurisdictions. Results of the survey are summarized in Attachment E. Tables E-1 through E-3 show how recommended 2016 Garaventa unincorporated rates compare to the average of the other incorporated and unincorporated areas surveyed. In Table E-1, we compare the Garaventa unincorporated County residential rates with averages of the other franchise areas surveyed. Compared to the other franchise areas, proposed 2016 Garaventa unincorporated rates were mixed relative to average, with rates above average for smaller container sizes and below average for larger container sizes. The proposed 20 and 32 gallon rates are between 21 percent and 30 percent above the average of other comparative incorporated jurisdictions surveyed, and between 8 percent and 25 percent below the average of 64 and 96 gallon rates of incorporated areas surveyed. Garaventa residential rates compared similarly with four other unincorporated County areas, with rates significantly above average for 20 and 32 gallon service and below average for 64 and 96 gallon service. For the commercial (bin) sector, as shown in Table E-2, Garaventa’s unincorporated County rates were about equivalent to the average rates in other comparative incorporated jurisdictions. Rates ranged from 1 percent above to 3 percent below the average of other incorporated areas surveyed. Gavaventa commercial bin rates were between 7 percent below and 36 percent above the average of other unincorporated County areas surveyed depending on service level. For the 20 cubic yard industrial (debris box) rate, as shown in Table E-3, Garaventa unincorporated County rates were 24 percent below the average of surveyed jurisdictions. This comparison is based on a representative two (2) ton load. July 12, 2016 Contra Costa County Board of Supervisors 140 Attachment A: 2016 Rate Application July 12, 2016 Contra Costa County Board of Supervisors 141 Attachment A includes the 2016 Base Year Rate Change Application (Application) submitted by Garaventa to the County October 27, 2015. In the Application, Garaventa proposed to increase unincorporated County collection rates by 5.67 percent in 2016. The Application included the following forms: Financial information Cost summary for year 2014 Revenue summary Single family residential revenues summary (including current rates and accounts) Operating information Rate change requested (including current and proposed rates). Information provided in the Application was for the following six (6) years: Actual prior years, 2011 to 2014 (including audited 2014 results) Current year estimated, 2015 Base year projected, 2016. July 12, 2016 Contra Costa County Board of Supervisors 142 July 12, 2016 Contra Costa County Board of Supervisors 143 July 12, 2016 Contra Costa County Board of Supervisors 144 July 12, 2016 Contra Costa County Board of Supervisors 145 July 12, 2016 Contra Costa County Board of Supervisors 146 July 12, 2016 Contra Costa County Board of Supervisors 147 July 12, 2016 Contra Costa County Board of Supervisors 148 Attachment B: 2013 and 2014 Audited Financial Statements July 12, 2016 Contra Costa County Board of Supervisors 149 Attachment B includes the 2013 and 2014 audited financial statements submitted by Garaventa for its four (4) companies serving unincorporated County. These financial statements were provided to the County with the Application on July 1, 2015. V T Williams & Associates LLP completed a 2013 and 2014 financial audit of Garaventa companies serving unincorporated County areas, including Brentwood Disposal Service, Inc., Delta Debris Box Service, Inc., Discovery Bay Disposal, Inc., and Pittsburg Disposal & Debris Box Service, Inc. The audit opinions for each company were unqualified. July 12, 2016 Contra Costa County Board of Supervisors 150 Attachment C: Exhibit III-1 From Manual July 12, 2016 Contra Costa County Board of Supervisors 151 July 12, 2016 Contra Costa County Board of Supervisors 152 July 12, 2016 Contra Costa County Board of Supervisors 153 July 12, 2016 Contra Costa County Board of Supervisors 154 Attachment D: Adjusted Rate Model July 12, 2016 Contra Costa County Board of Supervisors 155 Exhibit D-1, on the next page, of this appendix provides the adjusted base year rate model based on Crowe adjustments. The model reflects the following general adjustments: Revenues Moderate increase to residential revenues Minor increase to commercial and industrial revenues Allowable Costs/Profits Minor decrease to direct labor Moderate increase to tipping fees (w/profit) Moderate increase to general and administrative costs Minor decrease to depreciation and other operating costs Moderate decrease to services provided to County Minor increase to operating profit Pass Through Costs Minor increase to County administrative fee Minor increase to household hazardous waste fees Minor decrease to trucking and equipment costs Moderate increase to tipping fees (pass through) Minor increase in franchise fees. July 12, 2016 Contra Costa County Board of Supervisors 156 Exhibit D-1 Schedule of Rate Review Findings (Projection Year 2016) July 12, 2016 Contra Costa County Board of Supervisors 157 Attachment E: Comparative Rate Survey July 12, 2016 Contra Costa County Board of Supervisors 158 Tables E-1 through E-3 that follow include results of a survey of comparative residential, commercial, and industrial rates. We provide comparisons between Garaventa’s County rates and the rates charged to customers served in other neighboring unincorporated and incorporated franchise areas: Incorporated areas Antioch Clayton Concord Danville (served through Central Contra Costa Solid Waste Authority, or CCCSWA) Lafayette (CCCSWA) Martinez Moraga (CCCSWA) Orinda (CCCSWA) Pleasant Hill Walnut Creek (CCCSWA) Unincorporated County areas Alamo & Unincorporated Central CCC (CCCSWA) Crockett Garbage served areas – West CCC (County) Allied Waste (Republic) served areas – Central/East CCC (County) Richmond Sanitary Service (Republic) served areas – West CCC (County). July 12, 2016 Contra Costa County Board of Supervisors 159 Table E-1 Comparison of 2015 Unincorporated Contra Costa County Residential Rates with Neighboring Jurisdictions (Per Customer, Per Month) Residential Rates Jurisdiction 20 Gallon 32 Gallon 64 Gallon 96 Gallon 1. Antioch $ 23.49 $ 27.59 $ 44.54 $ 52.31 2. Clayton 24.49 25.95 38.07 41.54 3. Concord N/A 28.45 38.40 47.05 4. Danville (CCSWA) 24.09 26.71 45.44 67.44 5. Lafayette (CCSWA) 26.43 30.20 56.99 85.47 6. Martinez 20.62 29.54 32.93 69.20 7. Moraga (CCSWA) 25.97 29.98 59.95 89.93 8. Orinda (CCSWA) 32.00 36.57 68.61 102.99 9. Pleasant Hill 21.30 24.64 33.62 50.43 10. Walnut Creek (CCSWA) 18.70 22.07 41.67 62.24 Average $ 24.12 $ 28.17 $ 46.02 $ 66.86 Garaventa County rates (2016 Proposed) 29.25 36.50 42.34 50.37 Difference 21% 30% -8% -25% Unincorporated County Areas 1. Alamo & Uninc Central CCC (CCCSWA) $ 20.88 $ 23.62 $ 44.97 $ 67.47 2. Crockett Garbage – West CCC (County) 22.44 26.61 46.66 56.69 3. AWS (Republic) – Cent/East CCC (County) 13.97 18.29 27.26 35.36 4. Richmond Sanitary – West CCC (County) 25.72 31.40 60.14 89.59 Average $ 20.75 $ 24.98 $ 44.76 $ 62.28 Garaventa County rates (2016 Proposed) $ 29.25 $ 36.50 $ 42.34 $ 50.37 Difference 41% 46% -5% -19% July 12, 2016 Contra Costa County Board of Supervisors 160 Table E-2 Comparison of 2015 Unincorporated Contra Costa County Commercial Rates with Neighboring Jurisdictions (Per Customer, Per Month) 1 Time per Week 2 Times per Week Jurisdiction 2 cu. yd. 3 cu. yd. 2 cu. yd. 3 cu. yd. 1. Antioch $ 253.21 $506.42 $380.98 $ 761.96 2. Clayton 235.36 470.46 317.86 635.71 3. Concord 363.80 764.00 486.15 1,020.90 4. Danville (CCSWA) 301.94 603.93 452.93 905.86 5. Lafayette (CCSWA) 368.84 737.68 544.99 1,089.98 6. Martinez 264.62 451.16 330.70 821.11 7. Moraga (CCSWA) 347.70 695.42 521.58 1,043.15 8. Orinda (CCSWA) 425.55 851.08 638.32 1,276.93 9. Pleasant Hill 207.47 414.52 310.81 317.34 10. Walnut Creek (CCSWA) 216.23 472.12 354.10 708.18 Average $ 298.47 $596.68 $433.84 $ 858.11 Garaventa County rates (2016) $ 300.53 $601.06 $419.77 $ 839.54 Difference 1% 1% -3% -2% Unincorporated County Areas 1. Alamo & Uninc Central CCC (CCCSWA) $ 284.04 $568.05 $426.03 $ 852.08 2. Crockett Garbage – West CCC (County) 162.74 N/A 245.88 N/A 3. AWS (Republic) – Cent/East CCC (County) 230.75 324.17 461.54 648.42 4. Richmond Sanitary – West CCC (County) 344.51 630.36 471.06 876.38 Average $ 255.51 $442.12 $452.88 $ 792.29 Garaventa County rates (2016) $ 300.53 $601.06 $419.77 $ 839.54 Difference 18% 36% -7% 6% July 12, 2016 Contra Costa County Board of Supervisors 161 Table E-3 Comparison of 2015 Unincorporated Contra Costa County Industrial Rates with Neighboring Jurisdictions (Per Pull, 2 Tons of Material) Jurisdiction 20 yard 1. Antioch $553.16 2. Clayton 472.73 3. Concord 508.00 4. Danville (CCSWA) 714.86 5. Lafayette (CCSWA) 737.30 6. Martinez 485.26 7. Moraga (CCSWA) 779.95 8. Orinda (CCSWA) 824.31 9. Pleasant Hill 381.01 10. Uninc. Co (CCCSWA) 679.49 11. Walnut Creek (CCSWA) 878.49 Average $637.69 Garaventa County rates (2016) $483.00 Difference -24% July 12, 2016 Contra Costa County Board of Supervisors 162 RECOMMENDATION(S): OPEN the hearing on the costs of abating a public nuisance on the real property located at 4090 La Colina Rd., El Sobrante, California, Contra Costa County (APN 420-191-010); RECEIVE and CONSIDER the attached itemized report on the abatement costs and any objections thereto from the property owner or other persons with a legal interest in the property: and CLOSE the hearing. DETERMINE the cost of all abatement work and all administrative costs to be $11,988.65. ORDER the itemized report confirmed and DIRECT that it be filed with the Clerk of the Board of Supervisors. ORDER the costs to be specially assessed against the above-referenced property and AUTHORIZE the recordation of a Notice of Abatement Lien. FISCAL IMPACT: No net fiscal impact. The costs as determined above will be added to the tax roll as a special assessment on this property and will be collected at the same time and in the same manner as ordinary County taxes are collected. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/12/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I Supervisor Contact: (925) 674 7722 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 12, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: D. 6 To:Board of Supervisors From:John Kopchik, Director, Conservation & Development Department Date:July 12, 2016 Contra Costa County Subject:Cost Confirmation Hearing for Real Property Located at 4090 La Colina Rd., El Sobrante, CA. July 12, 2016 Contra Costa County Board of Supervisors 163 BACKGROUND: Contra Costa County Ordinance Code Article 14-6.4 and California Government Code Section 25845 authorize the recovery of abatement costs in public nuisance cases, the recordation of a Notice of Abatement Lien and inclusion of abatement costs on the tax roll as a special assessment, upon approval of the Board of Supervisors. The Notice and Order to abate was posted on the above-referenced property for fire damaged structure whose premises contain excessive vegetation, rubbish and debris, and was served on the property owner and all persons known to be in possession of the property by certified mail on December 17, 2015. The property owner did not file an appeal of the Notice and Order to Abate. The County Abatement Officer abated the nuisance on February 5, 2016. The property owner was billed for the actual cost of the abatement and all administrative costs. The bill was sent by first-class mail to the property owner on March 10, 2016. The property owner did not pay the bill within 45 days of the date of mailing. Notice of this Cost Hearing was sent to the property owner by certified mail by the Clerk of the Board. For proof of service, see Clerk of the Board at 651 Pine Street, Room 106, Martinez, CA. CONSEQUENCE OF NEGATIVE ACTION: If not approved, the County will not be able to recover costs for abatement on code violations for this property. CLERK'S ADDENDUM CLOSED the hearing; DETERMINED the cost of all abatement work and all administrative costs to be $11,988.65; ORDERED the itemized report confirmed and DIRECTED that it be filed with the Clerk of the Board of Supervisors; ORDERED the costs to be specially assessed against the above-referenced property and AUTHORIZED the recordation of a Notice of Abatement Lien. ATTACHMENTS Itemized report of Abatement Cost Before and after photos. July 12, 2016 Contra Costa County Board of Supervisors 164 CONTRA COSTA COUNTY DATE: June 20, 2016 TO: Clerk of the Board FROM: Department of Conservation & Development By: Mark Alford, Building Inspector II RE: Itemized Report of Abatement Costs The following is an itemized report of the costs of abatement for the below described property pursuant to C.C.C. Ord. Code ' 14- 6.428. OWNER: Granite Ranch Opportunities POSSESSOR: N/A MORTGAGE HOLDER: N/A ABATEMENT ORDERED DATE: December 17, 2015 ABATEMENT COMPLETED DATE: February 8, 2016 SITE ADDRESS: 4090 La Colina Rd., El Sobrante, CA., 94803 APN#:420-191-010 PROPERTY DESCRIPTION: Residential AMOUNT OF ABATEMENT COSTS (CCC ORDINANCE CODE 14-6.428) ITEM EXPLANATION COST Notice to Comply (include first 2 inspections) $ 250.00 Site Visits (3 x $100 @) $ 300.00 PIRT (Title Search) $ 150.00 Certified Letter & Regular Mailings $ 32.40 Recording Fees ($14.00 @) 14.00 Photos B/W (5 x $1.50 ea.) $ 7.50 Photos color (5 x $2.00 ea.) $ 10.00 Contractor hired for abatement – board up cost $ 6032.75 Contractor hired for abatement – clean up cost 4792.00 Final Site Inspection to Confirm Compliance $ 200.00 Compliance Report and Board Hearing $ 200.00 Total 11988.65 Abatement costs can be paid at or mailed to Department of Conservation and Development, Building Inspection Division, 30 Muir Rd., Martinez, CA 94553. July 12, 2016 Contra Costa County Board of Supervisors 165 4090 La Colina Rd. El Sobrante, CA., 94803 Before Photos July 12, 2016 Contra Costa County Board of Supervisors 166 July 12, 2016 Contra Costa County Board of Supervisors 167 July 12, 2016 Contra Costa County Board of Supervisors 168 4090 La Colina Rd. El Sobrante, CA., 94803 After Photos July 12, 2016 Contra Costa County Board of Supervisors 169 July 12, 2016 Contra Costa County Board of Supervisors 170 July 12, 2016 Contra Costa County Board of Supervisors 171 RECOMMENDATION(S): ADOPT Resolution No. 2016/436 approving the Memorandum of Understanding with Teamsters, Local 856, for the period of July 1, 2016 through June 30, 2019; and APPROVE modification to the agreement making the effective date of the first wage increase July 1, 2016. FISCAL IMPACT: The estimated cost of the negotiated wage increases are $5.4 million for FY 2016/17 for the 4% wage increase; $9.5 million for FY 2017/18 ($5.4 million from the 4% wage increase in FY 2016/17 and $4.06 million for the 3% wage increase in FY 2017/18); and $13.5 million for FY 2018/19 ($5.4 million from the FY 2016/17 wage increase and $4.06 million each from the 3% wage increases in FY 2016/17 and 2017/18). The estimated cost of the healthcare proposal (dependent upon migration) is an annual cost of $2.3 million and a one-time lump sum cost of $1.1 million for FY 2016/17. BACKGROUND: The Teamsters, Local 856 (Teamsters) began bargaining with Contra Costa County in March of this year. A Tentative Agreement was reached between the County and Teamsters on June 14. The resulting Memorandum of Understanding (MOU) is attached. In summary, changes include: Scope of Agreement and Separability of Provisions - Section 55.4 The term of the agreement is July 1, 2016 through June 30, 2019. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/12/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I Supervisor Contact: Lisa Driscoll, County Finance Director (925) 335-1023 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 12, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Harjit S. Nahal, Assistant County Auditor, Lisa Lopez, Assistant Director of Human Resources D. 7 To:Board of Supervisors From:David Twa, County Administrator Date:July 12, 2016 Contra Costa County Subject:Memorandum of Understanding with Teamsters, Local 856 July 12, 2016 Contra Costa County Board of Supervisors 172 BACKGROUND: (CONT'D) > Preamble/Definitions/Union Recognition – Section 1 Teamsters, Local 856 is the formally recognized employee organization for Attendant-LVN Aide Unit, General Services and Maintenance Unit, and Health Services Unit. Union Security – Section 2 Deletes language in Section 2.11 – Section 18 of 1977-79 MOU. Shop Stewards & Official Representatives – Section 4 Updates language in Section 4.2 – Union Sponsored Training Programs, referring to release time requests being submitted in writing to the Employee Relations Officer or designee. Updates language in Section 4.3 – Union Representatives of the number of representatives to release from each Unit. General Wages - Section 5.1 Effective July 1, 2016, or the first of the month following Board of Supervisors approval, whichever is later, the base rate of pay for classifications represented by the Union will be increased by four percent (4%). Because ratification vote was completed on June 24, and the Board does not meet again before July 1, the Section is modified to an effective date of July 1, 2016. Effective July 1, 2017, the base rate of pay for classifications represented by the Union will be increased by three percent (3%). Effective July 1, 2018, the base rate of pay for classifications represented by the Union will be increased by three percent (3%). Overtime, Compensatory Time, and Straight Time - Section 7 Deletes “annually” from Section 7.2.A to clarify that employees do not need to re-elect comp time each year. Updates language in Section 7.2.B to add that new employees (including those demoted/promoted, etc.) hired after May 31 of each year must wait until the next fiscal year to select comp time. Workforce Reduction/Layoff/Reassignment – Section 11 Reduces the amount of time employees remain on layoff list from four (4) years to two (2) years. Replaces references to Human Resource Director with Employee Relations Officer or designee. Holidays – Section 12 Updates the Union name in Sections 1.21(D) and 12.1(E) to Teamsters, Local 856. Vacation Leave – Section 13 Deletes the first paragraph in Section 13.3 – Vacation Accrual Rates. Moves vacation accruals from the individual Units into the main Vacation Leave section. Sick Leave - Section 14 Updates Section 14.6 – Workers’ Compensation to reflect the current percentage (75%) of Workers’ Compensation pay to employees for accepted claims. State Disability Insurance – Section 16 Updates the General Provisions with updated SDI language. Jury Duty and Witness Duty – Section 18 Deletes first sentence of Section 18.2 – Witness Duty. Health, Life, & Dental Care - Section 19 Provides employees access to more affordable health plans for the 2017 plan year, including the addition of the Teamsters Local 856 Trust Fund KP Health Plan; Cost sharing in 2017 and beyond (50/50 share of medical plan increases); July 12, 2016 Contra Costa County Board of Supervisors 173 Three tiered Employee, Employee +1 Dependent, Employee +2 or More Dependent plan structure; Mechanism to address medical plans that meet the criteria for a high cost employer-sponsored health plan that may be subject to an excise penalty (a.k.a. Cadillac Tax) under the federal Patient Protection and Affordable Care Act (“ACA”) (42 U.S.C. § 18081); Access to County health plans, for employees who are not otherwise eligible for health coverage by the County, who meet eligibility requirements to receive an offer of coverage from the County under the federal Patient Protection and Affordable Care Act (“ACA”) (42 U.S.C. § 18081) at employee expense; Participation in the Joint Labor/Management Benefit Committee to 1) select a replacement medical or dental plan in the event that a plan is no longer available; 2) design a wellness program; 3) discuss future medical, dental, or vision plan design; or 4) assess the future impact of any excise tax pursuant to the federal Patient Protection and Affordable Care Act (“ACA”) (42 U.S.C. § 18081) on any high cost medical plans offered by the County; and Lump sum of $1000 for 2016 plan participation by permanent employees regularly scheduled for 20 hours or more per week. Probationary Period – Section 20 Updates classifications represented by Teamsters and who have a probationary period in excess of nine (9) months. Transfer & Reassignment - Section 22 Deletes Section 22.3 – Reassignment of Work Locationand renumbers the remaining sections. Updates the language in Section 22.4 – Voluntary Reassignment (Bidding) Procedureand Section 22.5 – Involuntary Reassignment Procedure. Grievance Procedure - Section 25 Removes reference to “Human Resources Director” and replaces with “Employee Relations Officer or his/her designee.” Increases timeline for issuance of Step 3 decision from 15 workdays to 20 workdays. Updates Section 25.6 – Compensation Complaints. Clarifies the time limit for discipline appeals is governed by Section 24.6 –Procedure on Dismissal, Suspension, Temporary Reduction in Pay, or Demotion. Bilingual Pay - Section 26 Updates with current amount for bilingual pay. Safety Shoes and Prescription Safety Eyeglasses – Section 29 Updates the maximum reimbursable limits for lenses and frames. Defines “eligible”. Video Display Terminal (VDT) Users Eye Examination - Section 30 Deletes entire section – does not apply to GSM, HS, and LVN-Aide Units. Performance Evaluation Procedure - Section 31 Removes reference to HR Director and replace with Employee Relations Officer or his/her designee. Mileage – Section 32 Adds reference to Administrative Bulletin Add new section 32.3 – Commuter Benefit Program Provisional Appointment - Section 35 Deletes entire section. Personnel Files – Section 36 Deletes the last paragraph, referencing obsolete language. Service Awards – Section 37 Updates the language by adding reference to Administrative Bulletin #204 and deletes old language. July 12, 2016 Contra Costa County Board of Supervisors 174 Compensation for Loss or Damage to Personal Property – Section 40 Deletes Section 40.A-I. Adds reference to Administrative Bulletin #518. Length of Service Definition - Section 43 Deletes the word “provisional”. Permanent-Intermittent Employees Health Plan - Section 46 Deletes entire section. Provisional Employee Benefits - Section 47 Delete entire section. Hazard Pay - Section 48 Deletes Building Trades and Library Unit. Adds language from January 20, 2015, Board Resolution 2015/27, to include the corrections. Health Examination - Section 51 Deletes paragraph 2. Classification Studies, Special Studies or Other Actions - Section 52 Deletes Sections 52.A and 52.B. Updates Section 52.C to Teamsters, Local 856. Deletes 52.D – refers to vacation scheduling in the Library. Temporary Employees - Section 53 Deletes and/or update 53.A based on units decertified. Deletes 53.G & 53.H. Incorporates Attachment N and deletes Attachment N from the back of the MOU. Safety in the Workplace - Section 57 Adds language with current practice of designated Safety Coordinator serving as liaison between Risk Management and the department to address any safety issues Unit Items - Section 58 Section 58.7.D - Adds corrections from approved BOS Resolution 2015/27, dated 1/20/15. Section 58.8 - Adds corrections from approved BOS Resolution 2015/27, dated 1/20/15. Section 58.2.D - Increases all Code Grey to 10%. DRIVE Program (Attachment to MOU) Provides for payroll deductions for those members who voluntarily elect to participate in the Teamster DRIVE program (civic engagement for voter registration and political education). Heath Services Assignment/Shift Process Reopener (Attachment to MOU) Adds a Reopener for the purpose of exploring the feasibility of implementing a process for the Health Services Department to 1) offer permanent employees the opportunity to request a change in assignment and/or shift, and 2) consider a temporary employee’s length of employment in the Department when using a temporary employee to fill an assignment and/or shift. Clean-Up Deletes references to Local One, Coalition, and non-covered Local One unit, updates attachments, incorporates side letters, and renumbers MOU as necessary. CONSEQUENCE OF NEGATIVE ACTION: The County will be out of contract with Teamsters, Local 856 and may experience recruitment and retention difficulties. AGENDA ATTACHMENTS Resolution No. 2016/436 Teamsters, Local 856 MOU 7/1/2016 - 6/30/2019 July 12, 2016 Contra Costa County Board of Supervisors 175 MINUTES ATTACHMENTS Signed Resolution No. 2016/436 July 12, 2016 Contra Costa County Board of Supervisors 176 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 07/12/2016 by the following vote: AYE: Candace Andersen Mary N. Piepho Karen Mitchoff Federal D. Glover NO: ABSENT:John Gioia ABSTAIN: RECUSE: Resolution No. 2016/436 In The Matter Of: Memorandum of Understanding with Teamsters, Local 856, for the period of July 1, 2016 through June 30, 2019 The Contra Costa County Board of Supervisors acting in its capacity as the Governing Board of the County of Contra Costa and all districts of which it is the ex-officio governing Board RESOLVES THAT: The Memorandum of Understanding (MOU) between Contra Costa County and Teamsters, Local 856 providing for wages, benefits, and other terms and conditions of employment for the period of July 1, 2016 through June 30, 2019, for classifications represented by Teamsters is ADOPTED. A copy of the MOU is attached. Contact: Lisa Driscoll, County Finance Director (925) 335-1023 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 12, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Harjit S. Nahal, Assistant County Auditor, Lisa Lopez, Assistant Director of Human Resources 4 1 July 12, 2016 Contra Costa County Board of Supervisors 177 July 12, 2016Contra Costa County Board of Supervisors178 MEMORANDUM OF UNDERSTANDING BETWEEN CONTRA COSTA COUNTY AND TEAMSTERS, LOCAL 856 JULY 1, 2016 – JUNE 30, 2019 July 12, 2016 Contra Costa County Board of Supervisors 179 TEAMSTERS, LOCAL 856 TABLE OF CONTENTS SECTION 1 UNION RECOGNITION ...................................................................... 4 SECTION 2 UNION SECURITY 2.1 Dues Deduction .................................................................................. 4 2.2 Agency Shop ....................................................................................... 4 2.3 Dues Form .......................................................................................... 6 2.4 Maintenance of Membership ............................................................... 6 2.5 Withdrawal of Membership ................................................................. 6 2.6 Communicating with Employees ......................................................... 7 2.7 Use of County Buildings ...................................................................... 7 2.8 Advance Notice ................................................................................... 8 2.9 Written Statement for New Employees ............................................... 8 SECTION 3 NO DISCRIMINATION/AMERICANS WITH DISABILITIES ACT (ADA) .......................................................................................... 8 SECTION 4 SHOP STEWARDS & OFFICIAL REPRESENTATIVES 4.1 Attendance at Meetings ...................................................................... 9 4.2 Union-Sponsored Training Programs .................................................. 9 4.3 Union Representatives ...................................................................... 10 SECTION 5 SALARIES 5.1 General Wages ................................................................................. 10 5.2 Entrance Salary ................................................................................ 10 5.3 Anniversary Dates ............................................................................. 10 5.4 Increments Within Range .................................................................. 11 5.5 Part-Time Compensation .................................................................. 12 5.6 Compensation for Portion of Month .................................................. 12 5.7 Position Reclassification ................................................................... 12 5.8 Salary Reallocation & Salary on Reallocation ................................... 12 5.9 Salary on Promotion ......................................................................... 13 5.10 Salary on Involuntary Demotion ........................................................ 13 5.11 Salary on Voluntary Demotion .......................................................... 14 5.12 Salary on Transfer ............................................................................ 14 5.13 Pay for Work in Higher Classification ................................................ 14 5.14 Payment (Pay Warrants) ................................................................... 15 5.15 Salaries & Deferred Compensation................................................... 16 SECTION 6 DAYS AND HOURS OF WORK 6.1 Definitions ......................................................................................... 18 6.2 Automated Time Keeping Implementation ........................................ 19 6.3 Time Reporting/Time Stamping ........................................................ 19 July 12, 2016 Contra Costa County Board of Supervisors 180 SECTION 7 OVERTIME & COMPENSATORY TIME 7.1 Overtime ........................................................................................... 19 7.2 Overtime Compensatory Time .......................................................... 20 7.3 Straight Time Pay and Straight Time Compensatory Time ............... 21 SECTION 8 CALL BACK TIME ............................................................................ 21 SECTION 9 ON-CALL DUTY ............................................................................... 22 SECTION 10 SHIFT DIFFERENTIAL ..................................................................... 22 SECTION 11 WORKFORCE REDUCTION/LAYOFF/REASSIGNMENT 11.1 Workforce Reduction ........................................................................ 23 11.2 Separation Through Layoff ............................................................... 24 11.3 Notice ................................................................................................ 27 11.4 Special Employment Lists ................................................................. 27 11.5 Reassignment of Laid Off Employees ............................................... 27 SECTION 12 HOLIDAYS 12.1 Holidays and Personal Holiday Credit ............................................... 28 12.2 Holiday is Observed (Not Worked) .................................................... 29 12.3 Holiday is WORKED ......................................................................... 31 12.4 Holiday and Compensatory Time Provisions .................................... 33 12.5 Holidays – Full Time Employees in 24-Hour Facilities ...................... 34 12.6 Permanent-Intermittent Employees................................................... 34 SECTION 13 VACATION LEAVE 13.1 Vacation Allowance ........................................................................... 34 13.2 Vacation Leave on Reemployment From a Layoff List ..................... 35 13.3 Vacation Accrual Rates ..................................................................... 35 13.4 Bridged Service Time ........................................................................ 38 13.5 Accrual During Leave Without Pay ................................................... 38 13.6 Vacation Allowance for Separated Employees ................................. 38 13.7 Vacation Preference ......................................................................... 38 SECTION 14 SICK LEAVE 14.1 Purpose of Sick Leave ...................................................................... 39 14.2 Credits To and Charges Against Sick Leave .................................... 39 14.3 Policies Governing Use of Paid Sick Leave ...................................... 39 14.4 Administration of Sick Leave ............................................................. 42 14.5 Disability ............................................................................................ 43 14.6 Workers’ Compensation .................................................................... 45 14.7 Rehabilitation Program...................................................................... 47 14.8 Accrual During Leave Without Pay ................................................... 47 SECTION 15 CATASTROPHIC LEAVE BANK 15.1 Program Design ................................................................................ 48 15.2 Operation .......................................................................................... 48 July 12, 2016 Contra Costa County Board of Supervisors 181 SECTION 16 STATE DISABILITY INSURANCE (SDI) 16.1 General Provisions ............................................................................ 49 16.2 Procedures ........................................................................................ 50 16.3 Method of Integration ........................................................................ 50 16.4 Definition ........................................................................................... 51 16.5 SDI Informational Meetings ............................................................... 51 SECTION 17 LEAVE OF ABSENCE 17.1 Leave Without Pay ............................................................................ 51 17.2 General Administration – Leaves of Absence ................................... 51 17.3 Furlough Days Without Pay (VTO).................................................... 52 17.4 Military Leave .................................................................................... 52 17.5 Family Care Leave or Medical Leave ................................................ 53 17.6 Certification ....................................................................................... 53 17.7 Intermittent Use of Leave .................................................................. 53 17.8 Aggregate Use for Spouses .............................................................. 53 17.9 Definitions ......................................................................................... 53 17.10 Pregnancy Disability Leave ............................................................... 55 17.11 Group Health Plan Coverage ............................................................ 55 17.12 Leave Without Pay - Use of Accruals ............................................... 55 17.13 Leave of Absence Replacement and Reinstatement ........................ 56 17.14 Leave of Absence Return ................................................................. 56 17.15 Reinstatement From Family Care/ Medical Leave ............................ 56 17.16 Salary Review While on Leave of Absence ...................................... 56 17.17 Unauthorized Absence ...................................................................... 57 17.18 Non-Exclusivity .................................................................................. 57 SECTION 18 JURY DUTY AND WITNESS DUTY 18.1 Jury Duty ........................................................................................... 57 18.2 Witness Duty ..................................................................................... 58 SECTION 19 MEDICAL, DENTAL & LIFE INSURANCE 19.1 Health Plan Coverages ..................................................................... 58 19.2 Monthly Premium Subsidy ................................................................ 59 19.3 Retirement Coverage ........................................................................ 60 19.4 Health Plan Coverages and Provisions ............................................. 63 19.5 Family Member Eligibility Criteria ...................................................... 63 19.6 Dual Coverage .................................................................................. 64 19.7 Medical Plan Cost Sharing with Active Employees ........................... 64 19.8 Life Insurance Benefit Under Health and Dental Plans ..................... 65 19.9 Supplemental Life Insurance ............................................................ 66 19.10 Health Care Sending Account ........................................................... 66 19.11 Health Plan Participants .................................................................... 66 19.12 PERS Long-Term Care ..................................................................... 66 19.13 Dependent Care Assistance Program ............................................... 66 19.14 Premium Conversion Plan ................................................................ 66 19.15 Prevailing Section ............................................................................. 66 19.16 Rate Information ............................................................................... 67 19.17 Partial Month ..................................................................................... 67 19.18 Coverage During Absences .............................................................. 67 19.19 Health Benefit Coverage for Employees Not Otherwise Covered ..... 67 July 12, 2016 Contra Costa County Board of Supervisors 182 SECTION 20 PROBATIONARY PERIOD 20.1 Duration ............................................................................................ 67 20.2 Classes With Probationary Period Over Six / Nine Months............... 67 20.3 Revised Probationary Period ............................................................ 68 20.4 Criteria .............................................................................................. 68 20.5 Rejection During Probation ............................................................... 68 20.6 Regular Appointment ........................................................................ 69 20.7 Layoff During Probation .................................................................... 69 20.8 Rejection During Probation of Layoff Employee ............................... 69 SECTION 21 PROMOTION 21.1 Competitive Exam ............................................................................. 70 21.2 Promotion Policy ............................................................................... 70 21.3 Open Exam ....................................................................................... 70 21.4 Promotion Via Reclassification Without Examination ....................... 70 21.5 Requirements for Promotional Standing ........................................... 70 21.6 Seniority Credits ................................................................................ 70 21.7 Release Time for Physical Examination ............................................ 71 21.8 Release Time for Examinations ........................................................ 71 SECTION 22 TRANSFER & REASSIGNMENT 22.1 Transfer Conditions ........................................................................... 71 22.2 Transfer Policy .................................................................................. 71 22.3 Voluntary Reassignment (Bidding) Procedure .................................. 72 22.4 Involuntary Reassignment Procedure ............................................... 73 22.5 Reassignment Due to Layoff or Displacement .................................. 74 SECTION 23 RESIGNATIONS 23.1 Resignation in Good Standing .......................................................... 75 23.2 Constructive Resignation .................................................................. 75 23.3 Effective Resignation ........................................................................ 75 23.4 Revocation ........................................................................................ 75 23.5 Coerced Resignations ....................................................................... 75 SECTION 24 DISMISSAL, SUSPENSION, TEMPORARY REDUCTION IN PAY, AND DEMOTION 24.1 Sufficient Cause for Action ................................................................ 76 24.2 Skelly Requirements ......................................................................... 77 24.3 Employee Response ......................................................................... 78 24.4 Leave Pending Employee Response ................................................ 78 24.5 Length of Suspension ....................................................................... 78 24.6 Procedure on Dismissal, Susp, Reduction in Pay, or Demotion ....... 78 24.7 Employee Representation Rights ...................................................... 79 24.8 Timely Progressive Discipline ........................................................... 79 SECTION 25 GRIEVANCE PROCEDURE 25.1 Definition and Procedure .................................................................. 79 25.2 Expedited Board of Adjustment (Step 5) ........................................... 81 25.3 Scope of Adjustment Board, Arbitration Decisions, & EBA ............... 82 25.4 Time Limits ........................................................................................ 83 July 12, 2016 Contra Costa County Board of Supervisors 183 25.5 Union Notification .............................................................................. 83 25.6 Compensation Complaints ................................................................ 83 25.7 Strike/Work Stoppage ....................................................................... 83 25.8 Merit Board ....................................................................................... 83 25.9 Filing by Union .................................................................................. 83 SECTION 26 BILINGUAL PAY .............................................................................. 84 SECTION 27 RETIREMENT CONTRIBUTION 27.1 Contribution ....................................................................................... 84 27.2 Retirement Benefit (Non-Safety) ....................................................... 84 27.3 Safety Employee’s Retirement .......................................................... 85 SECTION 28 TRAINING REIMBURSEMENT ........................................................ 85 SECTION 29 SAFETY SHOES AND PRESCRIPTION SAFETY EYEGLASSES .. 86 SECTION 30 PERFORMANCE EVALUATION PROCEDURE .............................. 87 SECTION 31 MILEAGE 31.1 Reimbursement for Use of Personal Vehicle .................................... 88 31.2 Charge for Use of Home Garaged County Vehicle ........................... 88 31.3 Commuter Benefit Program .............................................................. 88 SECTION 32 PAY WARRANT ERRORS ............................................................... 89 SECTION 33 FLEXIBLE STAFFING ...................................................................... 89 SECTION 34 PERSONNEL FILES ......................................................................... 90 SECTION 35 SERVICE AWARDS ......................................................................... 91 SECTION 36 REIMBURSEMENT FOR MEAL EXPENSES ................................... 91 SECTION 37 DETENTION FACILITY MEALS ....................................................... 92 SECTION 38 COMPENSATION FOR LOSS/DAMAGE TO PERSONAL PROP ... 92 SECTION 39 UNFAIR LABOR PRACTICE ............................................................ 92 SECTION 40 HARASSMENT ................................................................................. 92 SECTION 41 LENGTH OF SERVICE DEFINITION (Service Awards/Vac Acc)... 92 SECTION 42 PERMANENT PART-TIME EMPLOYEE BENEFITS ........................ 93 SECTION 43 P-I EMPLOYEE SPECIAL PAYS & BENEFITS .............................. 93 SECTION 44 HAZARD PAY ................................................................................... 93 SECTION 45 LUNCH PERIOD ............................................................................... 94 July 12, 2016 Contra Costa County Board of Supervisors 184 SECTION 46 REST BREAKS ................................................................................ 94 SECTION 47 HEALTH EXAMINATION .................................................................. 94 SECTION 48 POSITION HOURS ADJUSTMENT .................................................. 94 SECTION 49 TEMPORARY EMPLOYEES 49.1 Recognition ....................................................................................... 95 49.2 Emergency Appointments ................................................................. 95 49.3 Agency Shop ..................................................................................... 95 49.4 Salary Increments Within Range ...................................................... 96 49.5 Paid Time Off .................................................................................... 97 49.6 Grievance Procedure ........................................................................ 97 49.7 Work Hours ....................................................................................... 97 SECTION 50 ADOPTION ..................................................................................... 100 SECTION 51 SCOPE OF AGREEMENT AND SEPARABILITY OF PROVISIONS 51.1 Scope of Agreement ....................................................................... 100 51.2 Separability of Provisions ................................................................ 100 51.3 Personnel Management Regulations .............................................. 100 51.4 Duration of Agreement .................................................................... 100 SECTION 52 FAIR LABOR STANDARDS ACT PROVISIONS ........................... 100 SECTION 53 SAFETY IN THE WORKPLACE…… .............................................. 101 SECTION 54 UNIT ITEMS 54.1 Attendant-LVN-Aide Unit ................................................................. 101 54.2 General Services and Maintenance Unit ......................................... 109 54.3 Health Services Unit ........................................................................ 115 ATTACHMENTS July 12, 2016 Contra Costa County Board of Supervisors 185 MEMORANDUM OF UNDERSTANDING BETWEEN CONTRA COSTA COUNTY AND TEAMSTERS, LOCAL 856 This Memorandum of Understanding (MOU) is entered into pursuant to the authority contained in Division 34 of Board of Supervisors’ Resolution 81/1165 and has been jointly prepared by the parties. The Employee Relations Officer (County Administrator) is the representative of Contra Costa County in employer-employee relations matters as provided in Board of Supervisors' Resolution 81/1165. The parties have met and conferred in good faith regarding wages, hours and other terms and conditions of employment for the employees in units in which the Union is the recognized representative, have freely exchanged information, opinions and proposals and have endeavored to reach agreement on all matters relating to the employment conditions and employer-employee relations covering such employees. This MOU shall be presented to the Contra Costa County Board of Supervisors, as the governing board of Contra Costa County, and the Contra Costa County Fire Protection District, as the joint recommendations of the undersigned for salary and employee benefit adjustments for the term set forth herein. Special provisions and restrictions pertaining to Project employees covered by this MOU are contained in Attachment C which is attached hereto and made a part hereof. July 12, 2016 Contra Costa County Board of Supervisors 186 DEFINITIONS Appointing Authority: Department Head unless otherwise provided by statute or ordinance. Class: A group of positions sufficiently similar with respect to the duties and responsibilities that similar selection procedures and qualifications may apply and that the same descriptive title may be used to designate each position allocated to the group. Class Title: The designation given to a class, to each position allocated to the class, and to the employees allocated to the class. County: Contra Costa County. Demotion: The change of a permanent employee to another position in a class allocated to a salary range for which the top step is lower than the top step of the class which the employee formerly occupied except as provided for under Transfer or as otherwise provided for in this MOU, in the Personnel Management Regulations, or in specific resolutions governing deep classes. Director of Human Resources: The person designated by the County Administrator to serve as the Assistant County Administrator-Human Resources Director. Eligible: Any person whose name is on an employment or reemployment or layoff list for a given class. Employee: A person who is an incumbent of a position or who is on leave of absence in accordance with provisions of this MOU and whose position is held pending his return. Employment List: A list of persons who have been found qualified for employment in a specific class. Layoff List: A list of persons who have occupied positions allocated to a class in the Merit System and who have been involuntarily separated by layoff or displacement or demoted by displacement, or have voluntarily demoted in lieu of layoff or displacement, or have transferred in lieu of layoff or displacement. Per Diem Employment: Per diem employment is any employment that requires the services of a person on a daily basis, and that person is paid on an hourly basis and his/her classification has "per diem" in its title. Notwithstanding any other provision of the MOU, per diem employees are entitled only to an hourly wage and those special pays identified in Attachment F. No other pays or benefits identified in the MOU apply to per diem employees. Permanent-Intermittent Position: Any position which requires the services of an incumbent for an indefinite period, but on an intermittent basis, as needed, paid on an hourly basis. July 12, 2016 Contra Costa County Board of Supervisors 187 Permanent Part-Time Position: Any position which will require the services of an incumbent for an indefinite period, but on a regularly scheduled less than full-time basis. Permanent Position: Any position which has required, or which will require the services of an incumbent without interruption, for an indefinite period. Project Employee: An employee who is engaged in a time limited program or service by reason of limited or restricted funding. Such positions are typically funded from outside sources but may be funded from County revenues. Promotion: The change of a permanent employee to another position in a class allocated to a salary range for which the top step is higher than the top step of the class which the employee formerly occupied, except as provided for under Transfer or as otherwise provided for in this MOU, in the Personnel Management Regulations, or in specific resolutions governing deep classes. Position: The assigned duties and responsibilities calling for the regular full-time, part- time or intermittent employment of a person. Reallocation: The act of reassigning an individual position from one class to another class at the same range of the salary schedule or to a class which is allocated to another range that is within five percent (5%) of the top step, except as otherwise provided for in the Personnel Management Regulations, deep class resolutions or other ordinances. Reclassification: The act of changing the allocation of a position by raising it to a higher class or reducing it to a lower class on the basis of significant changes in the kind, difficulty or responsibility of duties performed in such position. Reemployment List: A list of persons who have occupied positions allocated to any class in the merit system and who have voluntarily separated and are qualified for consideration for reappointment under the Personnel Management Regulations governing reemployment. Resignation: The voluntary termination of permanent employment with the County. Temporary Employment: Any employment in the Merit System which will require the services of an incumbent for a limited period of time, paid on an hourly basis, not in an allocated position or in permanent status. Transfer: The change of an employee who has permanent status in a position to another position in the same class in a different department, or to another position in a class which is allocated to a range on the salary plan that is within five percent (5%) at top step as the class previously occupied by the employee. Union: Teamsters, Local 856 July 12, 2016 Contra Costa County Board of Supervisors 188 SECTION 1 - UNION RECOGNITION The Union is the formally recognized employee organization for the representation units listed below, and such organization has been certified as such pursuant to Board of Supervisors’ Resolution 81/1165. Attendant-LVN-Aide Unit General Services and Maintenance Unit Health Services Unit SECTION 2 - UNION SECURITY 2.1 Dues Deduction. Pursuant to Board of Supervisors’ Resolution 81/1165, only a majority representative may have dues deduction and as such the Union has the exclusive privilege of dues deduction or agency fee deduction for all employees in its units. 2.2 Agency Shop. A. The Union agrees that it has a duty to provide fair and non-discriminatory representation to all employees in all classes in the units for which this section is applicable regardless of whether they are members of the Union. B. All employees employed in a representation unit on or after the effective date of this MOU and continuing until the termination of the MOU, shall as a condition of employment either: 1. Become and remain a member of the Union or; 2. Pay to the Union, an agency shop fee in an amount which does not exceed an amount which may be lawfully collected under applicable constitutional, statutory, and case law, which under no circumstances shall exceed the monthly dues, initiation fees and general assessments made during the duration of this MOU. It shall be the sole responsibility of the Union to determine an agency shop fee which meets the above criteria; or 3. Do both of the following: a. Execute a written declaration that the employee is a member of a bona fide religion, body or sect which has historically held a conscientious objection to joining or financially supporting any public employee organization as a condition of employment; and July 12, 2016 Contra Costa County Board of Supervisors 189 b. Pay a sum equal to the agency shop fee described in Section 2.2.B.2 to a non-religious, non-labor, charitable fund chosen by the employee from the following charities: Family and Children's Trust Fund, Child Abuse Prevention Council and Battered Women's Alternative. C. The Union shall provide the County with a copy of the Union's Hudson Procedure for the determination and protest of its agency shop fees. The Union shall provide a copy of said Hudson Procedure to every fee payer covered by this MOU within one month from the date it is approved and annually thereafter, and as a condition to any change in the agency shop fee. Failure by an employee to invoke the Union's Hudson Procedure within one month after actual notice of the Hudson Procedure shall be a waiver by the employee of their right to contest the amount of the agency shop fee. D. The provisions of Section 2.2.B.2 shall not apply during periods that an employee is separated from the representation unit but shall be reinstated upon the return of the employee to the representation unit. The term separation includes transfer out of the unit, layoff, and leave of absence with a duration of more than thirty (30) days. E. Annually, the Union shall provide the Human Resources Director with copies of the financial report which the Union annually files with the California Public Employee Relations Board. Such report shall be available to employees in the unit. Failure to file such a report within sixty (60) days after the end of its fiscal year shall result in the termination of all agency shop fee deductions without jeopardy to any employee, until said report is filed, and upon mutual agreement, this time limit may be extended to one hundred twenty (120) days. F. Compliance. 1. An employee employed in or hired into a job class represented by the Union shall be provided with an Employee Authorization for Payroll Deduction card by the Human Resources Department. 2. If the form authorizing payroll deduction is not returned within thirty (30) calendar days after notice of this agency shop fee provision and the union dues, agency shop fee, initiation fee or charitable contribution required under Section 2.2.B.3 are not received, the Union may, in writing, direct that the County withhold the agency shop fee and the initiation fee from the employee's salary, in which case the employee's monthly salary shall be reduced by an amount equal to the agency shop fee and the County shall pay an equal amount to the Union. G. The Union shall indemnify, defend, and save the County harmless against any and all claims, demands, suits, orders, or judgments, or other forms of liability that arise out of or by reason of this union security section, or action taken or not taken by the County under this Section. This includes, but is not limited to, the July 12, 2016 Contra Costa County Board of Supervisors 190 County's attorneys' fees and costs. The provisions of this subsection shall not be subject to the grievance procedure following the adoption of this MOU by the County Board of Supervisors. H. The County Human Resources Department shall monthly furnish a list of all new hires to the Union. I. In the event that employees in a bargaining unit represented by the Union vote to rescind agency shop, the provisions of Section 2.4 and 2.5 shall apply to dues- paying members of the Union. 2.3 Dues Form. In classifications assigned to units represented by the Union shall, as a condition of employment, complete a Union dues authorization card provided by the Union and shall have deducted from their paychecks the membership dues of the Union. Said employees shall have thirty (30) days from the date of hire to decide if he/she does not want to become a member of the Union. Such decision not to become a member of the Union must be made in writing to the Auditor-Controller with a copy to the Labor Relations Service Unit within said thirty (30) day period. If the employee decides not to become a member of the Union, any Union dues previously deducted from the employee's paycheck shall be returned to the employee and said amount shall be deducted from the next dues deduction check sent to the Union. If the employee does not notify the County in writing of the decision not to become a member within the thirty (30) day period, he/she shall be deemed to have voluntarily agreed to pay the dues of the Union. Each such dues authorization form referenced above shall include a statement that the Union and the County have entered into a MOU, that the employee is required to authorize payroll deductions of Union dues as a condition of employment, and that such authorization may be revoked within the first thirty (30) days of employment upon proper written notice by the employee within said thirty (30) day period as set forth above. Each such employee shall, upon completion of the authorization form, receive a copy of said authorization form which shall be deemed proper notice of his/her right to revoke said authorization. 2.4 Maintenance of Membership. All employees in units represented by the Union who are currently paying dues to the Union and all employees in such units who hereafter become members of the Union shall as a condition of continued employment pay dues to the Union for the duration of this MOU and each year thereafter so long as the Union continues to represent the position to which the employee is assigned, unless the employee has exercised the option to cease paying dues in accordance with Section 2.5. 2.5 Withdrawal of Membership. By notifying the Auditor-Controller's Department in writing, between August 1 and August 31, any employee may withdraw from Union membership and discontinue paying dues as of the payroll period commencing September 1discontinuance of dues payments to then be reflected in the October 10 paycheck. Immediately upon close of the above mentioned thirty (30) day period the Auditor-Controller shall submit to the Union a list of the employees who have rescinded July 12, 2016 Contra Costa County Board of Supervisors 191 their authorization for dues deduction. This can only be accomplished if and when agency shop would be rescinded. 2.6 Communicating With Employees. The Union shall be allowed to use designated portions of bulletin boards or display areas in public portions of County buildings or in public portions of offices in which there are employees represented by the Union, provided the communications displayed have to do with official organization business such as times and places of meetings and further provided that the employee organization appropriately posts and removes the information. The department head reserves the right to remove objectionable materials after notification to and discussion with the Union. Representatives of the Union, not on County time, shall be permitted to place a supply of employee literature at specific locations in County buildings if arranged through the Department Head or designated representative; said representatives may distribute employee organization literature in work areas (except work areas not open to the public) if the nature of the literature and the proposed method of distribution are compatible with the work environment and work in progress. Such placement and/or distribution shall not be performed by on-duty employees. The Union shall be allowed access to work locations in which it represents employees for the following purposes: A. To post literature on bulletin boards. B To arrange for use of a meeting room. C. To leave and/or distribute a supply of literature as indicated above. D. To represent an employee on a grievance and/or to contact a union officer on a matter within the scope of representation. In the application of this provision, it is agreed and understood that in each such instance advance arrangements, including disclosure of which of the above purposes is the reason for the visit, will be made with the departmental representative in charge of the work area, and the visit will not interfere with County services. 2.7 Use of County Buildings. The Union shall be allowed the use of areas normally used for meeting purposes for meetings of County employees during non-work hours when: A. Such space is available. B. There is no additional cost to the County. C. It does not interfere with normal County operations. D. Employees in attendance are not on duty and are not scheduled for duty. July 12, 2016 Contra Costa County Board of Supervisors 192 E. The meetings are on matters within the scope of representation. The administrative official responsible for the space shall establish and maintain scheduling of such uses. The Union shall maintain proper order at the meeting, and see that the space is left in a clean and orderly condition. The use of County equipment (other than items normally used in the conduct of business meetings, such as desks, chairs, ashtrays, and blackboards) is strictly prohibited, even though it may be present in the meeting area. 2.8 Advance Notice. The Union shall, except in cases of emergency, have the right to reasonable notice of any ordinance, rule, resolution or regulation directly relating to matters within the scope of representation proposed to be adopted by the Board, or boards and commissions appointed by the Board, and to meet with the body considering the matter. The listing of an item on a public agenda, or the mailing of a copy of a proposal at least seventy-two (72) hours before the item will be heard, or the delivery of a copy of the proposal at least twenty-four (24) hours before the item will be heard, shall constitute notice. In cases of emergency when the Board, or boards and commissions appointed by the Board, determines it must act immediately without such notice or meeting, it shall give notice and opportunity to meet as soon as practical after its action. 2.9 Written Statement for New Employees. The County will provide a written statement to each new employee hired into a classification in any of the bargaining units represented by the Union, that the employee's classification is represented by the Union and the name of a representative of the Union. The County will provide the employee with a packet of information which has been supplied by the Union and approved by the County. The County shall provide an opportunity for the Union to make a fifteen (15) minute presentation at the end of the Human Resources Department’s new employee orientation meetings. SECTION 3 - NO DISCRIMINATION/AMERICANS WITH DISABILITIES ACT (ADA) There shall be no discrimination because of sex, race, creed, color, national origin, sexual orientation or union activities against any employee or applicant for employment by the County or by anyone employed by the County; and to the extent prohibited by applicable State and Federal law there shall be no discrimination because of age. There shall be no discrimination against any disabled person solely because of such disability unless that disability prevents the person from meeting the minimum standards established for the position or from carrying out the duties of the position safely. The Employer and the Union recognize that the Employer has an obligation to reasonably accommodate disabled employees. If by reason of the aforesaid requirement the Employer contemplates actions to provide reasonable accommodation July 12, 2016 Contra Costa County Board of Supervisors 193 to an individual employee in compliance with the ADA which are in conflict with any provision of this Agreement, the Union will be advised of such proposed accommodation. Upon request, the County will meet and confer with the Union on the impact of such accommodation. If the County and the Union do not reach agreement, the County may implement the accommodation if required by law without further negotiations. Nothing in this MOU shall preclude the County from taking actions necessary to comply with the requirements of ADA. SECTION 4 - SHOP STEWARDS & OFFICIAL REPRESENTATIVES 4.1 Attendance at Meetings. Employees designated as shop stewards or official representatives of the Union shall be allowed to attend meetings held by County agencies during regular working hours on County time as follows: A. If their attendance is required by the County at a specific meeting, including meetings of the Board of Supervisors. B. If their attendance is sought by a hearing body or presentation of testimony or other reasons. C. If their attendance is required for meetings scheduled at reasonable times agreeable to all parties, required for settlement of grievances filed pursuant to Section 25 - Grievance Procedure of this MOU. D. If they are designated as a shop steward, in which case they may utilize a reasonable time at each level of the proceedings to assist an employee to present a grievance provided the meetings are scheduled at reasonable times agreeable to all parties. E. If they are designated as spokesperson or representative of the Union and as such make representations or presentations at meetings or hearings on wages, salaries and working conditions; provided in each case advance arrangements for time away from the employee's work station or assignment are made with the appropriate department head, and the County agency calling the meeting is responsible for determining that the attendance of the particular employee(s) is required, including meetings of the Board of Supervisors and Retirement Board where items which are within the scope of representation and involving Teamsters, Local 856 are to be discussed. F. Shop stewards and union officials shall advise, as far in advance as possible, their immediate supervisor, or his/her designee, of their intent to engage in union business. All arrangements for release time shall include the location, the estimated time needed and the general nature of the union business involved (e.g. grievance meeting, Skelly hearing). 4.2 Union-Sponsored Training Programs. The County shall provide a maximum of three hundred twenty (320) hours per year of release time for union designated stewards or officers to attend union-sponsored training programs. July 12, 2016 Contra Costa County Board of Supervisors 194 Requests for release time shall be provided in writing to the Employee Relations Officer or his/her designee at least fifteen (15) days in advance of the time requested. Department Heads will reasonably consider each request and notify the affected employee whether such request is approved within one (1) week of receipt. 4.3 Union Representatives. Official representatives of the Union shall be allowed time off on County time for meetings during regular working hours when formally meeting and conferring in good faith or consulting with the Employee Relations Officer or his/her designee or other management representatives on matters within the scope of representation, provided that the number of such representatives shall not exceed the below specified limits without prior approval of the Employee Relations Officer, and that advance arrangements for the time away from the work station or assignment are made with the appropriate Department Head. Attendant-LVN-Aide 2 General Services and Maintenance 6 Health Services 6 SECTION 5 – SALARIES 5.1 General Wages. A. 1. Effective July 1, 2016, the base rate of pay for all classifications represented by the Union will be increased by four percent (4%). 2. Effective July 1, 2017, the base rate of pay for all classifications represented by the Union will be increased by three percent (3%). 3. Effective July 1, 2018, the base rate of pay for all classifications represented by the Union will be increased by three percent (3%). B. Longevity Pay. Effective July 1, 2008, employees at ten (10) years of County service shall receive a two and one-half percent (2.5%) longevity pay differential. 5.2 Entrance Salary. Except as otherwise permitted in deep class resolutions, new employees shall generally be appointed at the minimum step of the salary range established for the particular class of position to which the appointment is made. However, the appointing authority may fill a particular position at a step above the minimum of the range if mutually agreeable guidelines have been developed in advance or the Human Resources Director offers to meet confer with the Union on a case by case basis each time prior to formalizing the appointment. 5.3 Anniversary Dates. Except as may otherwise be provided for in deep class resolutions, anniversary dates will be set as follows: A. New Employees. The anniversary date of a new employee is the first day of the calendar month after the calendar month when the employee successfully July 12, 2016 Contra Costa County Board of Supervisors 195 completes six (6) months service provided however, if an employee began work on the first regularly scheduled workday of the month the anniversary date is the first day of the calendar month when the employee successfully completes six (6) months service. B. Promotions. The anniversary date of a promoted employee is determined as for a new employee in Subsection 5.3.A above. C. Demotions. The anniversary of a demoted employee is the first day of the calendar month after the calendar month when the demotion was effective. D. Transfer, Reallocation & Reclassification. The anniversary date of an employee who is transferred to another position or one whose position has been reallocated or reclassified to a class allocated to the same salary range or to a salary range which is within five percent (5%) of the top step of the previous classification, remains unchanged. E. Reemployments. The anniversary of an employee appointed from a reemployment list to the first step of the applicable salary range and not required to serve a probation period is determined in the same way as the anniversary date is determined for a new employee who is appointed the same date, classification and step and who then successfully completes the required probationary period. F. Notwithstanding other provisions of this Section 5, the anniversary of an employee who is appointed to a classified position from outside the County's merit system at a rate above the minimum salary for the employee's new class, or who is transferred from another governmental entity to this County's merit system, is one (1) year from the first day of the calendar month after the calendar month when the employee was appointed or transferred; provided however, when the appointment or transfer is effective on the employee's first regularly scheduled work day of that month, his/her anniversary date is one (1) year after the first calendar day of that month. 5.4 Increments Within Range. The performance of each employee, except those of employees already at the maximum salary step of the appropriate salary range, shall be reviewed on the anniversary date as set forth in Section 5.3 to determine whether the salary of the employee shall be advanced to the next higher step in the salary range. Advancement shall be granted on the affirmative recommendation of the appointing authority, based on satisfactory performance by the employee. The appointing authority may recommend denial of the increment or denial subject to one additional review at some specified date before the next anniversary which must be set at the time the original report is returned. Except as herein provided, increments within range shall not be granted more frequently than once a year, nor shall more than one (1) step within range increment be granted at one time, except as otherwise provided in deep class resolutions. In case an appointing authority recommends denial of the within range increment on some particular anniversary date, but recommends a special salary review at some date before the next July 12, 2016 Contra Costa County Board of Supervisors 196 anniversary the special salary review shall not affect the regular salary review on the next anniversary date. Nothing herein shall be construed to make the granting of increments mandatory on the County. If an operating department verifies in writing that an administrative or clerical error was made in failing to submit the documents needed to advance an employee to the next salary step on the first of the month when eligible, said advancement shall be made retroactive to the first of the month when eligible. 5.5 Part-Time Compensation. A part-time employee shall be paid a monthly salary in the same ratio to the full-time monthly rate to which the employee would be entitled as a full-time employee under the provisions of this Section 5 as the number of hours per week in the employee's part-time work schedule bears to the number of hours in the full-time work schedule of the department. 5.6 Compensation for Portion of Month. Any employee who works less than any full calendar month, except when on earned vacation or authorized sick leave, shall receive as compensation for services an amount which is in the same ratio to the established monthly rate as the number of days worked is to the actual working days in such employee's normal work schedule for the particular month; but if the employment is intermittent, compensation shall be on an hourly basis. 5.7 Position Reclassification. An employee who is an incumbent of a position which is reclassified to a class which is allocated to the same range of the basic salary schedule as is the class of the position before it was reclassified, shall be paid at the same step of the range as the employee received under the previous classification. An incumbent of a position which is reclassified to a class which is allocated to a lower range of the basic salary schedule shall continue to receive the same salary as before the reclassification, but if such salary is greater than the maximum of the range of the class to which the position has been reclassified, the salary of the incumbent shall be reduced to the maximum salary for the new classification. The salary of an incumbent of a position which is reclassified to a class which is allocated to a range of the basic salary schedule greater than the range of the class of the position before it was reclassified shall be governed by the provisions of Section 5.9 - Salary on Promotion. 5.8 Salary Reallocation & Salary on Reallocation. A. In a general salary increase or decrease, an employee in a class which is reallocated to a salary range above or below that to which it was previously allocated, when the number of steps remain the same, shall be compensated at the same step in the new salary range the employee was receiving in the range to which the class was previously allocated. If the reallocation is from one salary range with more steps to a range with fewer steps or vice versa, the employee shall be compensated at the step on the new range which is in the same percentage ratio to the top step of the new range as was the salary received before reallocation to the top step of the old range, but in no case shall any employee be compensated at less than the first step of the range to which the class is allocated. July 12, 2016 Contra Costa County Board of Supervisors 197 B. In the event that a classification is reallocated from a salary range with more steps to a salary range with fewer steps on the salary schedule, apart from the general salary increase or decrease described in Section 5.8.A above, each incumbent of a position in the reallocated class shall be placed upon the step of the new range which equals the rate of pay received before the reallocation. In the event that the steps in the new range do not contain the same rates as the old range, each incumbent shall be placed at the step of the new range which is next above the salary rate received in the old range, or if the new range does not contain a higher step, at the step which is next lower than the salary received in the old range. C. In the event an employee is in a position which is reallocated to a different class which is allocated to a salary range the same as above or below the salary range of the employee's previous class, the incumbent shall be placed at the step in the new class which equals the rate of pay received before reallocation. In the event that the steps in the range for the new class do not contain the same rates as the range for the old class, the incumbent shall be placed at the step of the new range which is next above the salary rate received in the old range; or if the new range does not contain a higher step, the incumbent shall be placed at the step which is next lower than the salary. D. In the event of reallocation to a deep class, the provisions of the deep class resolution and incumbent salary allocations, if any, shall supersede Section 5.8 - Salary Reallocation & Salary on Reallocation. 5.9 Salary on Promotion. Any employee who is appointed to a position of a class allocated to a higher salary range than the class previously occupied, except as provided under Section 5.13 – Pay for Work in Higher Classification, shall receive the salary in the new salary range which is next higher than the rate received before promotion. In the event this increase is less than five percent (5%), the employee's salary shall be adjusted to the step in the new range which is at least five percent (5%) greater than the next higher step; provided however that the next step shall not exceed the maximum salary for the higher class. In the event of the appointment of a laid off employee from the layoff list to the class from which the employee was laid off, the employee shall be appointed at the step which the employee had formerly attained in the higher class unless such step results in a decrease in which case the employee is appointed to the next higher step. If however, the employee is being appointed into a class allocated to a higher salary range than the class from which the employee was laid off, the salary will be calculated from the highest step the employee achieved prior to layoff, or from the employee’s current step, whichever is higher. 5.10 Salary on Involuntary Demotion. Any employee who is demoted, except as provided under Section 5.11 - Salary on Voluntary Demotion, shall have his/her salary reduced to the monthly salary step in the range for the class of position to which he/she has been demoted next lower than the salary received before demotion. In the event this decrease is less than five percent (5%), the employee's salary shall be adjusted to the step in the new range which is five percent (5%) less than the next lower step; provided, however, that the next step shall not be less than the minimum salary for the lower class. July 12, 2016 Contra Costa County Board of Supervisors 198 Whenever the demotion is the result of layoff, cancellation of positions or displacement by another employee with greater seniority rights, the salary of the demoted employee shall be that step on the salary range which he/she would have achieved had he/she been continuously in the position to which he/she has been demoted, all within-range increments having been granted. 5.11 Salary on Voluntary Demotion. Whenever any employee voluntarily demotes to a position in a class having a salary schedule lower than that of the class from which he or she demotes, his or her salary shall remain the same if the steps in his or her new (demoted) salary range permit, and if not, the new salary shall be set at the step next below former salary. 5.12 Salary on Transfer. An employee who is transferred from one position to another as described under Transfer shall be placed at the step in the salary range of the new class which equals the rate of pay received before the transfer. In the event that the steps in the range for the new class do not contain the same rates as the range for the old class, the employee shall be placed at the step of the new range which is next above the salary rate received in the old range; or if the new range does not contain a higher step, the employee shall be placed at the step which is next lower than the salary received in the old range. Whenever a permanent employee transfers to or from a deep class, as provided in the appropriate deep class resolutions, the salary of the employee shall be set as provided in the deep class resolutions at a step not to exceed a five percent (5%) increase in the employee's base salary. However, if the deep class transfer occurs to or from a deep class with specified levels identified for certain positions and their incumbents, the employee's salary in the new class shall be set in accordance with the section on Salary on Promotion if the employee is transferring to another class or to a level in a deep class for which the salary is at least five percent (5%) above the top base step of the deep class level or class in which they have status currently. 5.13 Pay for Work in Higher Classification. When an employee in a permanent position in the merit system is required to work in a classification for which the compensation is greater than that to which the employee is regularly assigned, the employee shall receive compensation for such work at the rate of pay established for the higher classification pursuant to Subsection 5.9 - Salary on Promotion of this Memorandum, at the start of the second full day in the assignment, under the following conditions. Payment shall be made retroactive after completing the first forty (40) consecutive hours worked in the higher classification. A. When an employee is assigned to a program, service or activity established by the Board of Supervisors which is reflected in an authorized position which has been classified and assigned to the Salary Schedule. July 12, 2016 Contra Costa County Board of Supervisors 199 B. The nature of the departmental assignment is such that the employee in the lower classification performs a majority of the duties and responsibilities of the position of the higher classification. C. Employee selected for the assignment will normally be expected to meet the minimum qualifications for the higher classification. D. The County shall make reasonable efforts to offer out of class assignments to all interested employees on a voluntary basis. Pay for work in a higher classification shall not be utilized as a promotional procedure provided in this Memorandum. E. Higher pay assignments shall not exceed six (6) months except through reauthorization. F. If approval is granted for pay for work in a higher classification and the assignment is terminated and later re-approved for the same employee within one hundred eighty days (180) no additional waiting period will be required. G. Any incentives (e.g., the education incentive) and special differentials (e.g., bilingual differential and hazardous duty differential) accruing to the employee in his/her permanent position shall continue. H. During the period of work for higher pay in a higher classification, an employee will retain his/her permanent classification, and anniversary and salary review dates will be determined by time in that classification; except that if the period of work for higher pay in a higher classification exceeds one year continuous employment, the employee, upon satisfactory performance in the higher classification, shall be eligible for a salary review in that class on his/her next anniversary date. Notwithstanding any other salary regulations, the salary step placement of employees appointed to the higher class immediately following termination of the assignment, shall remain unchanged. I. Allowable overtime pay, shift differentials and/or work location differentials will be paid on the basis of the rate of pay for the higher class. 5.14 Payment. On the tenth (10th) day of each month, the Auditor will draw a warrant upon the Treasurer in favor of each employee for the amount of salary due the employee for the preceding month; provided however, that each employee (except those paid on an hourly rate) may choose to receive an advance on the employee's monthly salary, in which case the Auditor shall, on the twenty-fifth (25th) day of each month, draw his/her warrant upon the Treasurer in favor of such employee. The advance shall be in an amount equal to one-third (1/3) or less (at the option of the employee) of the employee's basic salary of the previous month except that it shall not exceed the amount of the previous month's basic salary less all requested or required deductions. The election to receive the advance shall be made on the prescribed form (form M-208, revised 5/81) and submitted by the fifteenth (15th) of the month to the department July 12, 2016 Contra Costa County Board of Supervisors 200 payroll clerk who will forward the card with the Salary Advance Transmittal/Deviation Report to the Auditor-Controller payroll section. Such an election would be effective in the month of the submission and would remain effective until revoked. In the case of an election made pursuant to this Section 5.14 – Payment, all required or requested deductions from salary shall be taken from the second installment, which is payable on the tenth (10th) day of the following month. 5.15 Salaries and Deferred Compensation. A. Deferred Compensation Plan – Special Benefit for Hires after January 1, 2010: Commencing April 1, 2010 and for the duration of this Agreement, the County will contribute one hundred fifty dollars ($150) per month to an employee's account in the Contra Costa County Deferred Compensation Plan or other designated tax qualified savings vehicle, for employees who meet all of the following qualifications: 1. The employee was first hired by Contra Costa County on or after January 1, 2010 and, 2. The employee is a permanent full-time or permanent part-time employee regularly scheduled to work at least 20 hours per week and has been so employed for at least 90 calendar days; and, 3. The employee defers a minimum of twenty-five dollars ($25) per month to the Contra Costa County Deferred Compensation Plan or other designated tax qualified savings vehicle; and, 4. The employee has completed, signed and submitted to the Human Resources Department, Employee Benefits Service Unit the required enrollment form for the account, e.g. the Enrollment Form 457 (b). 5. The annual maximum contribution as defined under the relevant Internal Revenue Code provision has not been exceeded for the employee's account for the calendar year. Employees who discontinue deferral or who defer less than the amount required by this provision for a period of one (1) month or more will no longer be eligible to receive the County contribution. To re-establish eligibility, employees must resume deferring the amount required by this provision. No amount deferred by the employee or contributed by the County in accordance with this provision will count towards the “Base Contribution Amount” or the “Monthly Base Contribution Amount for Maintaining Program Eligibility” required for the County's Deferred Compensation Incentive in any other provision in this Agreement. No amount deferred by the employee or contributed by the County in accordance with any other provision in this Agreement will count toward the minimum required deferral required by July 12, 2016 Contra Costa County Board of Supervisors 201 this provision. The County's contribution amount in accordance with this provision will be in addition to the County contribution amount for which the employee may be eligible in accordance with any other provision in this contract. Both the employee deferral and the County contribution to the Contra Costa County Deferred Compensation Plan under this provision, as well as any amounts deferred or contributed to the Contra Costa County Deferred Compensation Plan in accordance with any other provision of this contract, will be added together for the purpose of ensuring that the annual Plan maximum contributions as defined under IRS Code Section 457(b), or other tax qualified designated savings vehicle, are not exceeded. The County will provide annually to the Union a list of eligible employees who have not enrolled in the deferred compensation plan and will provide the Union with contact information for scheduling an appointment with the Deferred Compensation provider. B. Deferred Compensation Plan – Loan Provision: On August 14, 2012 the Board of Supervisors adopted Resolution 2012/348 approving a side letter with the Coalition Unions to allow a Deferred Compensation Plan Loan Program effective September 1, 2012. The following is a summary of the provisions of the loan program: 1. The minimum amount of the loan is $1,000. 2. The maximum amount of the loan is the lesser of 50% of the employee’s balance or $50,000, or as otherwise provided by law. 3. The maximum amortization period of the loan is five (5) years. 4. The loan interest is fixed at the time the loan is originated and for the duration of the loan. The loan interest rate is the prime rate plus one percent (1%). 5. There is no prepayment penalty if an employee pays the balance of the loan plus any accrued interest before the original amortization period for the loan. 6. The terms of the loan may not be modified after the employee enters into the loan agreement, except as provided by law. 7. An employee may have only one loan at a time. 8. Payment for the loan is made by monthly payroll deduction. 9. An employee with a loan who is not in paid status (e.g. unpaid leave of absence) may make his/her monthly payments directly to the Plan Administrator by some means other than payroll deduction each month the employee is in an unpaid status (e.g. by a personal check or money order). 10. The Loan Administrator (MassMutual Life Insurance Company or its successor) charges a one-time $50 loan initiation fee. This fee is deducted from the employee’s Deferred Compensation account. 11. The County charges a one-time $25 loan initiation fee and a monthly maintenance fee of $1.50. These fees are paid by payroll deduction. July 12, 2016 Contra Costa County Board of Supervisors 202 SECTION 6 – DAYS AND HOURS OF WORK 6.1 Definitions. A. Regular Work Schedule: A regular work schedule is eight (8) hours per day, Monday through Friday, inclusive, for a total of forty (40) hours per week. B. Alternate Work Schedule: An alternate work schedule is any work schedule where an employee is regularly scheduled to work five (5) days per week, but the employee’s regularly scheduled two (2) days off are NOT Saturday and Sunday. C. Flexible Work Schedule: A flexible work schedule is any schedule that is not a regular, alternate, 9/80, or 4/10 work schedule and where the employee is not scheduled to work more than 40 hours in the "workweek" as defined in Subsections F. and H., below. D. 4/10 Work Schedule: A 4/10 work schedule is four (4) ten hour days in a seven (7) day period, for a total of forty (40) hours per week. E. 9/80 Work Schedule: A 9/80 work schedule is where an employee works a recurring schedule of thirty-six (36) hours in one calendar week and forty-four (44) hours in the next calendar week, but only forty (40) hours in the designated workweek. In the thirty-six (36) hour calendar week, the employee works four (4) nine (9) hour days and has the same day of the week off that is worked for eight (8) hours in the forty-four (44) hour calendar week. In the forty-four (44) hour calendar week, the employee works four (4) nine (9) hour days and one (1) eight (8) hour day. F. Workweek for Employees on Regular, Flexible, Alternate, and 4/10 Work Schedules: For employees on regular, alternate, and 4/10 work schedules, the workweek begins at 12:01 a.m. on Monday and ends at 12 midnight on Sunday. G. Workweek for Employees on a 9/80 Work Schedule: The 9/80 workweek begins on the same day of the week as the employee’s eight (8) hour work day and regularly scheduled 9/80 day off. The start time of the workweek is four (4) hours and one (1) minute after the start time of the eight (8) hour workday. The end time of the workweek is four (4) hours after the eight (8) hour workday start time. The result is a workweek that is a fixed and regularly recurring period of seven (7) consecutive twenty-four (24) hour periods (168 hours). H. Workweek for Twenty-Four Hour (24) Facility Employees: For employees who work in a twenty-four (24) hour facility in the Health Services Department and who are not on a 9/80 work schedule, the workweek begins at 12:01 a.m. Sunday and ends at 12:00 midnight on Saturday. 6.2- 4/10 Shifts If the County wants to eliminate any existing 4/10 shift and substitute a 5/8 shift or to institute a 4/10 shift which does not allow for three (3) consecutive days off (excluding overtime days or a change of shift assignment), July 12, 2016 Contra Costa County Board of Supervisors 203 or change existing work schedules or existing hours of work, it will meet and confer with the Union prior to implementing said new shift or hours change. This obligation does not apply where there is an existing system for reassigning employees to different shifts or different starting/stopping times. Nothing herein prohibits affected employees and their supervisor from mutually agreeing on a change in existing hours of work provided other employees are not adversely impacted. 6.2 Automated Timekeeping Implementation. The Union agrees to the implementation of an Automated Timekeeping System. 6.3 Time Reporting/Time Stamping. Temporary and Permanent Intermittent (hourly) employees must timestamp in and out as they begin their work shifts, finish their work shifts, and take meal periods. Salaried employees will report time off and time worked for special pays on the electronic timecard. SECTION 7 – OVERTIME, COMPENSATORY TIME, & STRAIGHT TIME 7.1 Overtime. A. Permanent full-time and part-time employees will be paid overtime pay or overtime compensatory time off for any authorized work performed: 1) in excess of forty (40) hours per week; or 2) in excess of eight (8) hours per day and that exceed the employee’s daily number of scheduled hours. For example, an employee who is scheduled to work ten (10) hours per day and who works eleven (11) hours on a particular day will be paid one (1) hour of overtime. Work performed does not include non-worked hours. Overtime pay is compensated at the rate of one and one-half (1-1/2) times the employee's base rate of pay (not including shift and any other special differentials). Any special differentials that are applicable during overtime hours worked will be computed on the employee’s base rate of pay, not on the overtime rate of pay. Overtime for permanent employees is earned and credited in a minimum of one-tenth hour (6 minute) increments and is compensated by either pay or compensatory time off. B. Permanent Intermittent and temporary employees will be paid overtime pay for any authorized work performed in excess of forty (40) hours per week or in excess of eight (8) hours per day. Work performed does not include non-worked hours. Overtime pay is compensated at the rate of one and one-half (1.5) times the employee’s hourly base rate of pay (not including shift or any other special differentials). Any special differentials that are applicable during overtime hours July 12, 2016 Contra Costa County Board of Supervisors 204 worked will be computed on the employee’s base hourly rate of pay, not on the overtime rate of pay. 7.2 Overtime Compensatory Time. The following provisions shall apply: A. Employees may elect to accrue overtime compensatory time off in lieu of overtime pay. Eligible employees who elect to receive compensatory time off must agree to do so for a full fiscal year (July 1 through June 30). The employee must notify his/her departmental payroll staff of any change in the election by May 31 of each year. B. The names of those employees electing to accrue compensatory time off shall be placed on a list maintained by the Department. New employees hired after May 31 of each year who become eligible (including those demoted/promoted etc.) for compensatory time off in accordance with these guidelines must wait until the next fiscal year to select compensatory time. The employee will become eligible to elect compensatory time for the following fiscal year as outlined in 7.2.A above. C. Compensatory time off shall be accrued at the rate of one and one-half (1-1/2) times the actual authorized overtime hours worked by the employee. D. Employees may not accrue a compensatory time off balance that exceeds one hundred twenty (120) hours (i.e., eighty (80) hours at time and one-half). Once the maximum balance has been attained, authorized overtime hours will be paid at the overtime rate. If the employee's balance falls below one hundred twenty (120) hours, the employee shall again accrue compensatory time off for authorized overtime hours worked until the employee's balance again reaches one hundred twenty (120) hours. E. Accrued compensatory time off shall be carried over for use in the next fiscal year; however, as provided in D above, accrued compensatory time off balances may not exceed one hundred twenty (120) hours. F. The use of accrued compensatory time off shall be by mutual agreement between the Department Head or his/her designee and the employee. Compensatory time off shall not be taken when the employee should be replaced by another employee who would be eligible to receive, for time worked, either overtime payment or compensatory time accruals as provided for in this Section. This provision may be waived at the discretion of the Department Head or his or her designee. G. When an employee promotes, demotes or transfers from one classification eligible for compensatory time off to another classification eligible for compensatory time off within the same department, the employee's accrued compensatory time off balance will be carried forward with the employee. H. Compensatory time accrual balances will be paid off when an employee moves from one department to another through promotion, demotion or transfer. Said July 12, 2016 Contra Costa County Board of Supervisors 205 payoff will be made in accordance with the provisions and salary of the class from which the employee is promoting, demoting or transferring as set forth in I below. I. Since employees accrue compensatory time off at the rate of one and one-half (1-1/2) hours for each hour of authorized overtime worked, they shall be paid their accrued hours of compensatory time at the straight time rate of pay whenever: 1. The employee changes status and is no longer eligible for compensatory time off. 2. The employee promotes, demotes or transfers to another department. 3. The employee separates from County service. 4. The employee retires. J. The Office of the County Auditor-Controller will establish timekeeping procedures to administer this Section. 7.3 Straight Time Pay and Straight Time Compensatory Time. A. Permanent full-time and part-time employees are eligible to receive straight time pay or straight time compensatory time off for hours worked in excess of the employee’s daily number of scheduled hours that do not qualify for overtime pay as described in section 7.1, above. B. Straight time pay is calculated at the rate of one (1.0) times the employee’s base rate of pay (not including differentials or shift pays). C. Straight time compensatory time off is accrued at the rate of one (1.0) times the number of straight time hours worked as defined in 7.3.A. above. The election of compensatory time off for overtime hours in lieu of overtime pay means that the employee also elects to receive compensatory time off for straight time hours in lieu of straight time pay. An employee cannot elect to receive straight time compensatory time off for straight time hours if the employee does not also elect to receive compensatory time off for overtime hours, and vice versa. For employees who receive straight time compensatory time off in lieu of straight time pay, except as otherwise set forth in this section 7.3, the rules for administration of compensatory time off described in section 7.2, above, apply to straight time compensatory time off. SECTION 8 - CALL BACK TIME PAY A permanent full-time and permanent part-time employee who is called back to duty will be paid for Call Back Time. Call Back Time occurs when an employee is not scheduled to work and is not on County premises, but is called back to work on County premises July 12, 2016 Contra Costa County Board of Supervisors 206 or for a County work assignment. An employee called back to work will be paid Call Back Time Pay at the rate of one and one-half (1.5) times his/her base rate of pay (not including differentials) for the actual Call Back Time hours worked plus one (1) hour. An employee called back to work will be paid a minimum of two (2) hours for each Call Back Time event. SECTION 9 - ON-CALL DUTY A permanent full-time or part-time employee assigned to On-Call Duty is paid one (1) hour of straight time pay for each four (4) hours designated as on-call duty. If an employee’s on-call duty hours are not in increments of four (4) hours, the on-call duty hours will be pro-rated. For example, if the employee is assigned to on-call duty for six (6) hours, the employee would receive one and one-half (1.5) hours of straight time pay for the six (6) hours of designated on-call duty (6 hours ÷ 4 hours=1.5 hrs.). If an employee is called back to work while assigned to on-call duty, the employee will be paid for the total assigned on-call duty hours regardless of when the employee returns to work. An employee is considered assigned to on-call duty if all of the following criteria are met: a. A permanent full-time or part-time employee is not scheduled to work on County premises, but is required to report to work immediately if called. The employee must provide his/her supervisor with current contact information so that the supervisor can reach the employee with ten (10) minutes or less notice. b. The Department Head designates and approves those permanent full-time or part-time employees who will be assigned to on-call duty. SECTION 10 - SHIFT DIFFERENTIAL A. Permanent full-time and permanent part-time employees: 1. Permanent full-time and permanent part-time employees will receive a shift differential of five percent (5%) for the employee’s entire scheduled shift when the employee is scheduled to work for four (4) or more hours between 5:00p.m. and 9:00a.m. 2. In order to receive the shift differential, the employee must start work between the hours of midnight and 5:00 a.m. or 11:00 a.m. and midnight on the day the shift is scheduled to begin. Hours worked in excess of the employee’s scheduled workday will count towards qualifying for the shift differential, but the employee will not be paid the shift differential on any excess hours worked. 3. Employees who commence a vacation, paid sick leave period, paid disability or other paid leave immediately after working a shift that qualifies for the shift differential, will have the shift differential included in computing the pay for their time on paid leave. Employees on a rotating shift schedule who commence a vacation, paid sick leave, paid disability, or July 12, 2016 Contra Costa County Board of Supervisors 207 other paid leave will be paid the shift differential that they would have received had the employees worked the scheduled shift during the period of paid leave. Shift differential shall only be paid during paid sick leave and paid disability leave as provided above for the first thirty (30) calendar days of each absence. B. Permanent Intermittent and Temporary employees: 1. Permanent Intermittent and temporary employees will receive a shift differential of five percent (5%) for a maximum of eight (8) hours per work day and/or forty (40) hours per workweek when the employee works four (4) or more hours between 5:00p.m. and 9:00a.m. 2. In order to receive the shift differential, the employee must start work between the hours of midnight and 5:00 a.m. or 11:00 a.m. and midnight on the day the shift is scheduled to begin. Hours worked in excess of eight (8) hours in a workday will count towards qualifying for the shift differential, but the employee will not be paid the shift differential on any excess hours worked. SECTION 11 - WORKFORCE REDUCTION/LAYOFF/ REASSIGNMENT 11.1 Workforce Reduction. In the event that funding reductions or shortfalls in funding occur in a department or are expected, which may result in layoffs, the department will notify the union and take the following actions: A. Identify the classification(s) in which position reductions may be required due to funding reductions or shortfalls. B. Advise employees in those classifications that position reductions may occur in their classifications. C. Accept voluntary leaves of absence from employees in those classifications which do not appear to be potentially impacted by possible position reductions when such leaves can be accommodated by the department. D. Consider employee requests to reduce their position hours from full-time to part- time to alleviate the impact of the potential layoffs. E. Approve requests for reduction in hours, lateral transfers, and voluntary demotions to vacant, funded positions in classes not scheduled for layoffs within the department, as well as to other departments not experiencing funding reductions or shortfalls when it is a viable operational alternative for the department(s). F. Review various alternatives which will help mitigate the impact of the layoff by working through the Tactical Employment Team (TET) program to: July 12, 2016 Contra Costa County Board of Supervisors 208 1. Maintain an employee skills inventory bank to be used as a basis for referrals to other employment opportunities. 2. Determine if there are other positions to which employees may be transferred. 3. Refer interested persons to vacancies which occur in other job classes for which they qualify and can use their layoff eligibility. 4. Establish workshops to aid laid off employees in areas such as resume preparation, alternate career counseling, job search strategy, and interviewing skills. G. When it appears to the Department Head and/or Employee Relations Officer or his/her designee that the Board of Supervisors may take action which will result in the layoff of employees in a representation unit, the Employee Relations Officer or his/her designee shall notify the Union of the possibility of such layoffs and shall meet and confer with the Union regarding the implementation of the action. 11.2 Separation Through Layoff. A. Grounds for Layoff. Any employee(s) having permanent status in position(s) in the merit service may be laid off when the position is no longer necessary, or for reasons of economy, lack of work, lack of funds or for such other reason(s) as the Board of Supervisors deems sufficient for abolishing the position(s). B. Order of Layoff. The order of layoff in a department shall be based on inverse seniority in the class of positions, the employee in that department with least seniority being laid off first and so on. C. Layoff By Displacement. 1. In the Same Class. A laid off permanent full-time employee may displace an employee in the department having less seniority in the same class who occupies permanent-intermittent or permanent part-time position, the least senior employee being displaced first. 2. In the Same Level or Lower Class. A laid off or displaced employee who had achieved permanent status in a class at the same or lower salary level as determined by the salary schedule in effect at the time of layoff may displace within the department and in the class an employee having less seniority; the least senior employee being displaced first, and so on with senior displaced employees displacing junior employees. D. Particular Rules on Displacing. 1. Permanent-intermittent and permanent part-time employees may displace only employees holding permanent positions of the same type respec- tively. July 12, 2016 Contra Costa County Board of Supervisors 209 2. A permanent full-time employee may displace any intermittent or part-time employee with less seniority 1) in the same class as provided in Section 11.2.C.1 or, 2) in a class of the same or lower salary level as provided in Section 11.2.C.2 if no full-time employee in a class at the same or lower salary level has less seniority than the displacing employees. 3. Former permanent full-time employees who have voluntarily become permanent part-time employees for the purpose of reducing the impact of a proposed layoff with the written approval of the Human Resources Director or designee retain their permanent full-time employee seniority rights for layoff purposes only and may in a later layoff displace a full-time employee with less seniority as provided in these rules. E. Seniority. An employee's seniority within a class for layoff and displacement purposes shall be determined by adding the employee's length of service in the particular class in question to the employee's length of service in other classes at the same or higher salary levels as determined by the salary schedule in effect at the time of layoff. Employees reallocated or transferred without examination from one class to another class having a salary within five percent of the former class, shall carry the seniority accrued in the former class into the new class. Employees reallocated to a new deep class upon its initiation or otherwise reallocated to a deep class because the duties of the position occupied are appropriately described in the deep class shall carry into the deep class the seniority accrued or carried forward in the former class and seniority accrued in other classes which have been included in the deep class. Service for layoff and displacement purposes includes only the employee's last continuous permanent County employment. Periods of separation may not be bridged to extend such service unless the separation is a result of layoff in which case bridging will be authorized if the employee is reemployed in a permanent position within the employee's layoff eligibility. Approved leaves of absence as provided for in these rules and regulations shall not constitute a period of separation. In the event of ties in seniority rights in the particular class in question, such ties shall be broken by length of last continuous permanent County employment. If there remain ties in seniority rights, such ties shall be broken by counting total time in the department in permanent employment. Any remaining ties shall be broken by random selection among the employees involved. F. Eligibility for Layoff List. Whenever any person who has permanent status is laid off, has been displaced, has been demoted by displacement or has voluntarily demoted in lieu of layoff or displacement, or has transferred in lieu of layoff or displacement, the person's name shall be placed on the Layoff list for the class of positions from which that person has been removed. G. Order of Names on Layoff. First, layoff lists shall contain the names of persons laid off, displaced, or demoted as a result of a layoff or displacement, or who have voluntarily demoted or transferred in lieu of layoff or displacement. Names July 12, 2016 Contra Costa County Board of Supervisors 210 shall be listed in order of layoff seniority in the class from which laid off, displaced demoted, or transferred on the date of layoff, the most senior person listed first. In case of ties in seniority, the seniority rules shall apply except that where there is a class seniority tie between persons laid off from different departments, the tie(s) shall be broken by length of last continuous permanent County employment with remaining ties broken by random selection among the employees involved. H. Duration of Layoff & Reemployment Rights. The name of any person granted reemployment privileges shall continue on the appropriate list for a period of two (2) years. Persons placed on layoff lists shall continue on the appropriate list for a period of two (2) years. I. Certification of Persons From Layoff Lists. Layoff lists contain the name(s) of person(s) laid off, displaced or demoted by displacement or voluntarily demoted in lieu of layoff or displacement or transferred in lieu of layoff or displacement. When a request for personnel is received from the appointing authority of a department from which an eligible(s) was laid off, the appointing authority shall receive and appoint the eligible highest on the layoff list from the department. When a request for personnel is received from a department from which an eligible(s) was not laid off, the appointing authority shall receive and appoint the eligible highest on the layoff list who shall be subject to a probationary period. A person employed from a layoff list shall be appointed at the same step of the salary range the employee held on the day of layoff. J. Removal of Names from Layoff Lists. The Human Resources Director may remove the name of any eligible from a layoff list for any reason listed below: 1. For any cause stipulated in Section 404.1 of the Personnel Management Regulations. 2. On evidence that the eligible cannot be located by postal authorities. 3. On receipt of a statement from the appointing authority or eligible that the eligible declines certification or indicates no further desire for appointment in the class. 4. If three (3) offers of permanent appointment to the class for which the eligible list was established have been declined by the eligible. A single offer is defined as an offer of all the permanent positions that are available at that time. A rejection of all of those offered positions constitutes a single declination. 5. If the eligible fails to respond to the Human Resources Director or the appointing authority within ten (10) days to written notice of certification mailed to the person's last known address. If the person on the reemployment or layoff list is appointed to another position in the same or lower classification, the name of the person shall be removed. However, if the first permanent appointment of a person on a July 12, 2016 Contra Costa County Board of Supervisors 211 layoff list is to a lower class which has a top step salary lower than the top step of the class from which the person was laid off, the name of the person shall not be removed from the layoff list. K. Removal of Names from Reemployment and Layoff Certifications. The Human Resources Director may remove the name of any eligible from a reemployment or layoff certification if the eligible fails to respond within five (5) days to a written notice of certification mailed to the person's last known address. 11.3 Notice. The County will give employees scheduled for layoff at least ten (10) work days notice prior to their last day of employment. 11.4 Special Employment Lists. The County will establish a Tactical Employment Team (TET) employment pool which will include the names of all laid off County employees. The names of employees who remain County employees but who have been displaced or who have demoted as a result of a layoff or displacement, or who have voluntarily demoted or transferred in lieu of layoff or displacement will also be included in the TET employment pool. Special employment lists for job classes may be established from the pool. Persons placed on a special employment list must meet the minimum qualifications for the class. An appointment from such a list will not affect the individual's status on a layoff list(s). The name of any person included in the TET employment pool shall continue to be in the pool for a period of four (4) years, unless the employee’s name is removed from the layoff list, which will cause the employee’s name to be removed from the TET pool as well. Employees in the TET employment pool shall be guaranteed a job interview for any vacant funded position for which they meet minimum qualifications. If there are more than five such employees who express an interest for one vacant funded position, the five most senior employees shall be interviewed. Seniority for this subsection shall be County seniority. 11.5 Reassignment of Laid Off Employees. Employees who displaced within the same classification from full-time to part-time or intermittent status in a layoff, or who voluntarily reduced their work hours to reduce the impact of layoff, or who accepted a position of another status than that from which they were laid off upon referral from the layoff list, may request reassignment back to their pre-layoff status (full time or part-time or increased hours). The request must be in writing in accord with each department's reassignment bid or selection process. Employees will be advised of the reassignment procedure to be followed to obtain reassignment back to their former status at the time of the workforce reduction. The most senior laid off employee in this status who requests such a reassignment will be selected for the vacancy; except when a more senior laid off individual remains on the layoff list and has not been appointed back to the class from which laid off, a referral from the layoff list will be made to fill the vacancy. July 12, 2016 Contra Costa County Board of Supervisors 212 SECTION 12 - HOLIDAYS 12.1 Holidays and Personal Holiday Credit. The County will observe the following holidays: A. January 1st, known as New Year's Day 3rd Monday in January known as Dr. M. L. King, Jr. Day 3rd Monday in February, known as Presidents' Day The last Monday in May, known as Memorial Day July 4th, known as Independence Day First Monday in September, known as Labor Day November 11th, known as Veterans Day 4th Thursday in November, known as Thanksgiving The day after Thanksgiving December 25th, known as Christmas Day Such other days as the Board of Supervisors may by resolution designate as holidays. 1. Any holiday observed by the County that falls on a Saturday is observed on the preceding Friday, and any holiday that falls on a Sunday is observed on the following Monday. 2. For employees in the Health Services Department who are assigned to units or services on a shift operational cycle that includes Saturdays and Sundays, holidays are observed on the day that the holiday falls regardless if it is a Saturday or Sunday. 3. For employees who work in twenty-four (24) hour facilities other than in the Health Services Department and who may be assigned to work on a holiday, any holiday that falls on a Saturday will be observed on a Saturday, and any holiday that falls on a Sunday will be observed on a Sunday. B. Effective January 1, 2012, each full-time employee will accrue four (4) hours of personal holiday credit per month. Such personal holiday time may be taken in one (1) minute increments, and preference of personal holidays will be given to employees according to their seniority in their department as reasonably as possible. No employee may accrue more than forty (40) hours of personal holiday credit. On separation from County service, an employee will be paid for any unused personal holiday credits at the employee’s then current pay rate. C. Effective January 1, 2012, employees who work in twenty-four (24) hour facilities will, in addition to those holidays specified in Section 12.1A, observe Admission day on September 9, Columbus Day on the second Monday in October, and Lincoln's Day on February 12 as holidays, but will not accrue the four (4) hours per month of personal holiday credit referenced in Section 12.1.B above, but will accrue two (2) hours per month of personal holiday credit. No employee may July 12, 2016 Contra Costa County Board of Supervisors 213 accrue more than forty (40) hours of personal holiday credit. On separation from County service, an employee will be paid for any unused personal holiday credits at the employee's then current pay rate. D. Effective September 1, 2013, Safety classifications represented by Teamsters, Local 856 assigned to work in twenty-four (24) hour facilities will not accrue the two (2) hours per month of personal holiday credit referenced in Section 12.1.C., above. E. Effective September 1, 2013, employees in the safety classifications represented by Teamsters, Local 856 will not accrue the four (4) hours per month of personal holiday credit referenced in Section 12.1.B., above, but will accrue two (2) hours per month of personal holiday credit. Such personal holiday credit may be taken in increments of one (1) minute, and preference for the use of personal holiday credit shall be given to employees according to their seniority in their department as reasonably as possible. No employee may accrue more than forty (40) hours of personal holiday credit. On separation from County service, an employee will be paid for any unused personal holiday credits at the employee’s then current pay rate. 12.2 Holiday is Observed (NOT WORKED). A. Full Time Employees: 1. Holidays Observed – Full Time Employees: Full time employees on regular, 4/10, 9/80, flexible, and alternate work schedules are entitled to observe a holiday (eight (8) hours off), without a reduction in pay, whenever a holiday is observed by the County. 2. Holidays Observed on Regular Day off of Full Time Employees on 4/10, 9/80, Flexible, and Alternate Work Schedule: When a holiday is observed by the County on the regularly scheduled day off of an employee who is on a 4/10, 9/80, flexible, or alternate work schedule, the employee is entitled to take eight (8) hours off, without reduction in pay, in recognition of the holiday. The employee is also entitled to receive eight (8) hours of flexible pay at the rate of 1.0 times his/her base rate of pay (not including differentials) or flexible compensatory time in recognition of his/her regularly scheduled day off. Those employees covered by this subsection who before March 1, 2010, moved a holiday that fell on a scheduled day off to the work day preceding or following the holiday, will be given priority for request for time off on the day they would have observed the holiday over other requests for time off. This priority treatment does not apply to scheduled and approved vacation requests already granted to other employees. Further, the County retains the right to determine the maximum number of employees who may take time off work at the same time. July 12, 2016 Contra Costa County Board of Supervisors 214 3. Holiday Observed- Full Time Employees Scheduled in Excess of Eight (8) hours: When a holiday falls on an employee’s regularly scheduled workday, the employee is entitled to only eight (8) hours off without a reduction in pay. If the workday is a nine (9) hour day, the employee must use one (1) hour of non-sick leave accruals. If the workday is a ten (10) hour day, the employee must use two (2) hours of non-sick leave accruals. If the employee does not have any non-sick leave accrual balances, leave without pay (AWOP) will be authorized. 4. Holiday Observed- Full Time Employees Scheduled for Less than Eight (8) hours: When a full-time employee is scheduled to work less than eight (8) hours on a holiday and the employee observes the holiday, the employee is also entitled to receive flexible pay at the rate of one (1.0) times his/her base rate of pay (not including differentials) for the difference between eight (8) hours and the hours the employee was scheduled to work on the holiday. B. Part Time Employees: 1. Holidays Observed – Part Time Employees: When a holiday is observed by the County, each part time employee is entitled to observe the holiday in the same ratio as his/her number of position hours bears to forty (40) hours, multiplied by eight (8) hours, without a reduction in pay. For example, a part time employee whose position hours are 24 per week is entitled to 4.8 hours off work on a holiday (24/40 x 8 = 4.8). Hereafter, the number of hours produced by this calculation will be referred to as the “part time employee’s holiday hours.” 2. Holiday Observed on Regular Day off of Part Time Employees: When a holiday is observed by the County on the regularly scheduled day off of a part time employee, the part time employee is entitled to observe the holiday in the amount of the “part time employee’s holiday hours,” without a reduction in pay, in recognition of the holiday. The employee is also entitled to received flexible pay at the rate of 1.0 times his/her base rate of pay (not including differentials) or flexible compensatory time, in the amount of the “part time employee’s holiday hours” in recognition of his/her scheduled day off. 3. Holiday Observed- Part Time Employees Scheduled to Work in Excess of “Part Time Employee’s Holiday Hours”: When the number of hours in a part time employee’s scheduled work day that falls on a holiday is more than the employee’s “part time employee’s holiday hours,” the employee must use non-sick leave accruals for the difference between the employee’s scheduled work hours and the employees “part time employee’s holiday hours.” If the employee does not have any non-sick leave accrual balances, leave without pay (AWOP) will be authorized. July 12, 2016 Contra Costa County Board of Supervisors 215 4. Holiday Observed- Part Time Employees Scheduled to Work Less than “Part Time Employee’s Holiday Hours”: When the number of hours in a part time employee’s scheduled work day that fall on a holiday is less than the employee’s “part time employee’s holiday hours,” the employee is also entitled to receive flexible pay at the rate of 1.0 times his/her base rate of pay (not including differentials) for the difference between the employee’s scheduled work hours and the employee’s “part time employee’s holiday hours.” 12.3 Holiday is WORKED. A. Full Time Employees: 1. Holiday Falls on Regularly Scheduled Work Day of Full-Time Employees on Regular, 4/10, 9/80, Flexible, and Alternate Work Schedules: When a full-time employee works on a holiday that falls on the employee’s regularly scheduled work day, the employee is entitled to receive his/her regular salary. The employee is also entitled to receive holiday pay at the rate of one and one half (1.5) times his/her base rate of pay (not including differentials) or holiday compensation time at the same rate, for all hours worked up to a maximum of eight (8) hours. This provision applies to the regular, 4/10, 9/80, flexible, and alternate work schedules. 2. Holiday Worked- Full Time Employee Scheduled less than Eight (8) hours on Regularly Scheduled Work Day: When a full time employee is scheduled to work less than eight (8) hours on a holiday (hereafter referred to as “full time employee short shift”), and the employee works that full time employee short shift, the employee is also entitled to receive flexible pay at the rate of 1.0 times his/her base rate of pay (not including differentials) or flexible compensatory time for the difference between eight (8) hours and the employee’s scheduled full time employee short shift hours. Holiday Falls on Regularly Scheduled Day Off of Full-Time Employees on 4/10, 9/80, Flexible, and Alternate Work Schedules: Holiday Worked by Full-Time Employees on 4/10, 9/80, Flexible: When a full-time employee works on a holiday that falls on the employee’s regularly scheduled day off, the employee is entitled to receive his/her regular salary. The employee is also entitled to receive overtime pay at the rate of one and one half (1.5) times his/her base rate of pay (not including differentials) or compensation time at the same rate for all hours worked on the holiday. The employee is also entitled to receive eight (8) hours of flexible compensatory time or pay, at the rate of 1.0 times his/her base rate of pay, in recognition of his/her scheduled day off. This provision only applies to employees on 4/10, 9/80, flexible, and alternate work schedules. July 12, 2016 Contra Costa County Board of Supervisors 216 B. Part Time Employees: 1. Holiday Falls on Regularly Scheduled Work Day: When a part time employee works on a holiday that falls on the employee’s scheduled work day, the part time employee is entitled to receive his/her regular salary. The part time employee is also entitled to receive holiday pay at the rate of one and one half (1.5) times his/her base rate of pay (not including differentials) or holiday compensatory time for all hours worked on the holiday, up to a maximum of the “part time employee’s holiday hours.” 2. Holiday Worked- Part Time Employee Scheduled for Less than “Part Time Employee’s Holiday Hours” on Regularly Scheduled Work Day: When a part time employee is scheduled to work less than the employee’s “part time employee’s holiday hours” on a holiday (hereafter referred to as “part time employee short shift”), and the employee works that part time employee short shift, the employee is also entitled to receive flexible pay at the rate of 1.0 times his/her base rate of pay (not including differentials) or flexible compensatory time for the difference between the “part time employee’s holiday hours” and the part time employee short shift hours. 3. Holiday Worked- Part Time Employee Scheduled to Work in Excess of “Part Time Employee’s Holiday Hours” on Regularly Scheduled Work Day: When a part time employee is scheduled to work more than his/her “part time employee’s holiday hours” on a holiday (hereafter referred to as “part time employee long shift”), and the employee works more than the part time employee long shift hours, the employee is entitled to receive straight time pay at the rate of 1.0 time his/her base rate of pay (not including differentials) or compensatory time up to eight (8) hours. When a part- time employee works more than his/her part time employee long shift hours and beyond eight (8) hours, the part time employee is entitled to receive overtime pay at the rate of one and one half (1.5) times his/her base rate of pay (not including differentials) or compensatory time for all hours worked beyond the part time employee long shift hours that exceed eight (8) hours. 4. Holiday Falls on Regularly Scheduled Day Off of Part Time Employee: When a part time employee works on a holiday that falls on the employee’s regularly scheduled day off, the employee is entitled to receive his/her regular salary. The part time employee is also entitled to receive overtime pay at the rate of one and one half (1.5) his/her base rate of pay (not including differentials) or compensatory time for all hours worked on the holiday, up to a maximum of the amount the “part time employee’s holiday hours.” 5. Holiday Worked- Regularly Scheduled Day off in Excess of “Part Time Employee’s Holiday Hours”: If a part time employee works more than the “part time employee’s holiday hours,” the part time employee is also entitled to receive compensatory time or straight time pay at the rate of 1.0 July 12, 2016 Contra Costa County Board of Supervisors 217 times his/her base rate of pay (not including differentials) for all hours worked up to a maximum of eight (8) hours. If a part time employee works more than eight (8) hours on the holiday, the part time employee is entitled to receive overtime pay at the rate of one and one half (1.5) times his/her base rate of pay (not including differentials) or compensatory time for all hours worked beyond eight (8) hours. The part time employee is also entitled to receive flexible pay at the rate of 1.0 times his/her base rate of pay (not including differentials) multiplied by the amount of the “part time employee’s holiday hours” or flexible compensatory time in recognition of his/her scheduled day off. 6. Holiday Worked- Regularly Scheduled Day off Less Than “Part Time Employee’s Holiday Hours”: If a part-time employee works a part time employee short shift on his/her regularly scheduled day off, the employee is also entitled to receive flexible pay at the rate of 1.0 time his/her base rate of pay (not including differentials) or flexible compensatory time for the difference between the part time employee’s short shift hours and the “part time employee’s holiday hours.” 12.4 Holiday and Compensatory Time Provisions. A. Maximum Accruals of Holiday Compensatory Time: Holiday compensatory time may not be accumulated in excess of two hundred eighty-eight (288) hours. After two hundred eighty-eight (288) hours are accrued by an employee, the employee will receive holiday pay at the rate of one and one half (1.5) times his/her base rate of pay. Holiday compensatory time may be taken at those dates and times determined by mutual agreement of the employee and the Department Head or designee. B. Pay Off of Holiday Compensatory Time: Holiday compensatory time will be paid off only upon a change in status. A change in status includes separation, transfer to another department, reassignment to a permanent-intermittent position, or transfer, assignment, or promotion or demotion into a position that is not eligible for holiday compensatory time. C. Maximum Accruals of Flexible Compensatory Time: Flexible compensatory time may not be accumulated in excess of two hundred eighty-eight (288) hours. After two hundred eighty-eight (288) hours are accrued by an employee, the employee will receive flexible pay at the rate of 1.0 times his/her base rate of pay. Flexible compensatory time may be taken on those dates and times determined by mutual agreement of the employee and the Department Head or designee. D. Pay Off of Flexible Compensatory Time: Flexible compensatory time will be paid off only upon a change in status. A change in status includes separation, transfer to another department, reassignment to a permanent-intermittent position, or transfer assignment, or promotion or demotion into a position that is not eligible for flexible compensatory time. July 12, 2016 Contra Costa County Board of Supervisors 218 E. Employees who elect to receive flexible compensatory time or holiday compensatory time credit must agree to do so for a full fiscal year (July 1 through June 30). The employee must notify his/her departmental payroll staff of any change in the election by May 31 of each year. 12.5 Holidays for Full Time Employees who Work in Twenty-Four (24) Hour Facilities AND who do NOT Accrue Four (4) Hours per Month of Personal Holiday Credit: A. All of the provisions of Section 12 apply to all of the full time employees who work in twenty-four (24) hour facilities, who do not accrue four (4) hours per month of personal holiday credit. B. Additionally, when a holiday falls on the regularly scheduled day off of a full-time employee who works in a twenty-four (24) hour facility AND who does not accrue four (4) hours per month of personal holiday credit, the employee’s regularly scheduled day off moves to the employee’s next scheduled work day. 1. Employee Works on his/her Next Scheduled Work Day Following the Holiday: When a full time employee works on his/her next scheduled work day following the holiday, the employee is entitled to receive his/her regular salary. The employee is also entitled to receive overtime pay at the rate of one and one half (1.5) times his/her base rate of pay (not including differentials) or compensation time at the same rate for all hours worked on that day up to a maximum of eight (8) hours. 2. Employee does NOT work on his/her Next Scheduled Work Day Following the Holiday: When a full time employee does NOT work on his/her next scheduled work day following the holiday, the employee is entitled to the day off, without a reduction in pay, in recognition of his/her regularly scheduled day off. The County retains the right to decide whether an employee will work or not work on the next scheduled work day following a holiday. 12.6 Permanent-Intermittent Employees: Permanent-Intermittent employees who work on a holiday will be paid overtime pay at the rate of one and one half (1.5) time his/her base rate of pay (not including differentials) for a maximum of eight (8) hours worked on the holiday. SECTION 13 - VACATION LEAVE 13.1 Vacation Allowance. Employees in permanent positions are entitled to vacation with pay. Accrual is based upon straight time hours of working time per calendar month of service and begins on the date of appointment to a permanent position. Increased accruals begin on the first of the month following the month in which the employee qualifies. Accrual for portions of a month shall be in minimum amounts of one (1) hour calculated on the same basis as for partial month compensation pursuant to Section 5.6 July 12, 2016 Contra Costa County Board of Supervisors 219 - Compensation for Portion of Month of this MOU. Vacation credits may be taken in one (1) minute increments and may not be rounded. Vacation may not be taken during the first six (6) months of employment (not necessarily synonymous with probationary status) except where sick leave has been exhausted; and none shall be allowed in excess of actual accrual at the time vacation is taken. 13.2 Vacation Leave on Reemployment From a Layoff List. Employees with six months or more service in a permanent position prior to their layoff who are employed from a layoff list, shall be considered as having completed six months tenure in a permanent position for the purpose of vacation leave. The appointing authority or designee will advise the Auditor-Controller's Payroll Unit in each case where such vacation is authorized so that appropriate payroll system override actions can be taken. 13.3 Vacation Accrual Rates. A. Vacation Accruals for General Services Maintenance Unit. For employees hired into a class in the General Services & Maintenance Unit the rates at which vacation credits accrue, and the maximum accumulation thereof, are as follows: Monthly Maximum Accrual Cumulative Length of Service Hours Hours Under 5 years 6-2/3 160 5 through 10 years 10 240 11 years 10-2/3 256 12 years 11-1/3 272 13 years 12 288 14 years 12-2/3 304 15 through 19 years 13-1/3 320 20 through 24 years 16-2/3 400 25 through 29 years 20 480 30 years and up 23-1/3 560 B. Vacation Accruals for Attendant LVN-Aide Unit and Health Services Unit. The following vacation accruals are for employees in the Attendant LVN-Aide Unit and Health Services Unit: Monthly Maximum Accrual Cumulative Length of Service Hours Hours Under 15 years 10 240 15 through 19 years 13-1/3 320 20 through 24 years 16-2/3 400 25 through 29 years 20 480 30 years and up 23-1/3 560 C. Vacation Requests – Attendant LVN-Aide Unit ONLY. Vacation for employees in the Hospital and Clinic Divisions Hospital Nursing Service (including the July 12, 2016 Contra Costa County Board of Supervisors 220 Detention Facilities) and Ambulatory Care Nursing Services shall be scheduled on an annual cycle, April 1 through March 31. Employees must submit their written vacation request by March 1st of each year. The hospital will post a schedule of vacations by April 1st of each year. Normally, only one employee per classification from each worksite and shift may receive vacation at the same time; however management may approve more than one employee per classification based upon operational needs. In case of conflict, the employee with the greater length of service in their classification will receive the requested vacation time. Less senior employees will be given the opportunity to request a different time before the annual schedule is posted. Vacation requests submitted after March 1st shall be considered on a first come basis and shall be subject to staffing availability. An employee voluntarily changing worksite or shift after March 1st must resubmit a vacation request for consideration on a first come basis. Vacations which include major holidays, Thanksgiving, Christmas and New Year's Day shall be rotated amongst staff rather than determined by seniority. D. Vacation Requests – Community Health Workers I/II (CHW I/II) and Community Health Worker Specialists (CHWS) ONLY. Vacations for Community Health Workers I/II (CHW I/II) and Community Health Worker Specialists (CHWS) shall be scheduled on an annual cycle, April 1st through March 31st. Employees must submit their written vacation requests by February 1st of each year. Administration in each program or office will post a schedule of vacations by March 1st of each year. At least one CHW or CHWS from each office or program will receive scheduled absences, including continuing education and vacation, at any given time. With supervisor's approval, additional time off requests may be granted, based on staffing and caseload. The employee with the greater length of service in the Community Health Worker Series will receive the requested vacation time. Less senior employees will be given the opportunity to request a different time before the annual schedule is posted and will be approved on a first come basis. In the event of a tie on the date of submission, seniority in the classification or series will serve as the tie breaker Absences for sick leave, disability and regular days off will not be counted as scheduled absences. An approved vacation will not be unilaterally canceled. An employee voluntarily changing work position or assignment between programs or regional offices after March 1st must resubmit a vacation request for consideration on a first come basis. Vacations which include major holidays, Thanksgiving, Christmas and New Year's Day shall be rotated amongst staff rather than determined by seniority. July 12, 2016 Contra Costa County Board of Supervisors 221 E. Vacation Accrual Increases for Employees Hired on and before June 30, 2009: Employees with a first of the month Service Award Date: Each employee with a Service Award Date that is on the first day of a month is eligible to accrue increased vacation hours on his/her Service Award Date. Example: 1. The employee’s Service Award Date is January 1, 1988. 2. The employee reaches 20 years of service on January 1, 2008. 3. January 1, 2008 is the date on which the employee is eligible to begin accruing 16.66 hours of vacation time each month. 4. The increased vacation hours will first appear on the employee’s February 10, 2008 pay warrant. Employees NOT with a first of the month Service Award Date: Each employee whose Service Award Date is NOT on the first day of a month is eligible to accrue increased vacation hours on the first day of the month following the employee's Service Award Date. Example Two: 1. An employee’s Service Award Date is February 24, 1987. 2. The employee reached 20 years of service on February 24, 2007. 3. March 1, 2007 is the date on which the employee is eligible to begin accruing 16.66 hours of vacation time each month. 4. The increased vacation hours will first appear on the employee’s April 10, 2007 pay warrant. F. Vacation Accrual Increases for Employees Hired on and after July 1, 2009: Each employee hired on and after July 1, 2009 is eligible to accrue increased vacation hours on the first day of the month following the employee's Service Award Date. Example One: 1. The employee’s Service Award Date is January 1, 1988. 2. The employee reached 20 years of service on January 1, 2008. 3. February 1, 2008 is the date on which the employee is eligible to begin accruing 16.66 hours of vacation time each month. July 12, 2016 Contra Costa County Board of Supervisors 222 4. The increased vacation hours will appear on the employee’s March 10, 2008, pay warrant. Example Two: 1. An employee’s Service Award Date is February 24, 1987. 2. The employee reached 20 years of service on February 24, 2007. 3. March 1, 2007 is the date on which the employee is eligible to begin accruing 16.66 hours of vacation time each month. 4. The increased vacation hours will appear on the employee’s April 10, 2007, pay warrant. G. Service Award Date Defined: An employee’s Service Award Date is the first day of his/her temporary, provisional, or permanent appointment to a position in the County. If an employee is first appointed to a temporary or provisional position and then later appointed to a permanent position, the Service Award Date for that employee is the date of the first day of the temporary or provisional appointment. 13.4 Bridged Service Time. Employees who are rehired and have their service bridged in accordance with the provisions of this MOU shall accrue vacation in accordance with the accrual formula for employees hired after September 1, 1979. However, prior service time which has been bridged shall count toward longevity accrual. 13.5 Accrual During Leave Without Pay. No employee who has been granted a leave without pay or unpaid military leave shall accrue any vacation credit during the time of such leave, nor shall an employee who is absent without pay accrue vacation credit during the absence. 13.6 Vacation Allowance for Separated Employees. On separation from County service, an employee shall be paid for any unused vacation credits at the employee's then current pay rate. 13.7 Vacation Preference. Use of vacation accruals is by mutual agreement between the employee and the supervisor and preference of vacation shall be given to employees according to their seniority in their department as reasonably as possible unless otherwise provided in this Agreement. Except as otherwise provided in this Agreement, a supervisor, or his/her designee, shall respond to requests for vacation within ten (10) working days of submission. Vacation requests shall not be unreasonably denied. July 12, 2016 Contra Costa County Board of Supervisors 223 SECTION 14 - SICK LEAVE 14.1 Purpose of Sick Leave. The primary purpose of paid sick leave is to ensure employees against loss of pay for temporary absences from work due to illness or injury. It is a benefit extended by the County and may be used only as authorized; it is not paid time off which employees may use for personal activities. 14.2 Credits to and Charges Against Sick Leave. Sick leave credits accrue at the rate of eight (8) working hours credit for each completed month of service, as prescribed by County Salary Regulations and Memoranda of Understanding. Employees who work a portion of a month are entitled to a pro rata share of the monthly sick leave credit computed on the same basis as is partial month compensation. Credits to and charges against sick leave are made in minimum amounts of one (1) minute increments and may not be rounded. Unused sick leave credits accumulate from year to year. When an employee is separated other than through retirement, accumulated sick leave credits shall be canceled, unless the separation results from layoff, in which case the accumulated credits shall be restored if reemployed in a permanent position within the period of layoff eligibility. As of the date of retirement, an employee's accumulated sick leave is converted to retirement on the basis of one day of retirement service credit for each day of accumulated sick leave credit. 14.3 Policies Governing the Use of Paid Sick Leave. As indicated above, the primary purpose of paid sick leave is to ensure employees against loss of pay for temporary absences from work due to illness or injury. The following definitions apply: "Immediate Family" means and includes only the spouse, son, stepson, daughter, stepdaughter, father, stepfather, mother, stepmother, brother, sister, grandparent, grandchild, niece, nephew, father-in-law, mother-in-law, daughter-in-law, son-in-law, brother-in-law, sister-in-law, foster children, aunt, uncle, cousin, stepbrother, or stepsister, or domestic partner of an employee and/or includes any other person for whom the employee is the legal guardian or conservator, or any person who is claimed as a "dependent" for IRS reporting purposes by the employee. "Employee" means any person employed by Contra Costa County in an allocated position in the County service. "Paid Sick Leave Credits" means those sick leave credits provided for by County Salary Regulations and Memoranda of Understanding. "Condition/Reason". With respect to necessary verbal contacts and confirmations which occur between the department and the employee when sick leave is requested or verified, a brief statement in non-technical terms from the employee regarding inability July 12, 2016 Contra Costa County Board of Supervisors 224 to work due to injury or illness is sufficient. Accumulated paid sick leave credits may be used, subject to appointing authority approval, by an employee in pay status, but only in the following instances: A. Temporary Illness or Injury of an Employee. Paid sick leave credits may be used when the employee is off work because of a temporary illness or injury. B. Permanent Disability Sick Leave. Permanent disability means the employee suffers from a disabling physical injury or illness and is thereby prevented from engaging in any County occupation for which the employee is qualified by reason of education, training or experience. Sick leave may be used by permanently disabled employees until all accruals of the employee have been exhausted or until the employee is retired by the Retirement Board, subject to the following conditions: 1. An application for retirement due to disability has been filed with the Retirement Board. 2. Satisfactory medical evidence of such disability is received by the appointing authority within 30 days of the start of use of sick leave for permanent disability. 3. The appointing authority may review medical evidence and order further examination as deemed necessary, and may terminate use of sick leave when such further examination demonstrates that the employee is not disabled, or when the appointing authority determines that the medical evidence submitted by the employee is insufficient, or where the above conditions have not been met. C. Communicable Disease. An employee may use paid sick leave credits when under a physician's order to remain secluded due to exposure to a communicable disease. D. Sick Leave Utilization for Pregnancy Disability. Employees whose disability is caused or contributed to by pregnancy, miscarriage, abortion, childbirth, or recovery therefrom, shall be allowed to utilize sick leave credit to the maximum accrued by such employee during the period of such disability under the conditions set forth below: 1. Application for such leave must be made by the employee to the appointing authority accompanied by a written statement of disability from the employee's attending physician. The statement must address itself to the employee's general physical limitations having considered the nature of the work performed by the employee, and it must indicate the date of the commencement of the disability as well as the date the physician anticipates the disability to terminate. July 12, 2016 Contra Costa County Board of Supervisors 225 2. If an employee does not apply for leave and the appointing authority believes that the employee is not able to properly perform her work or that her general health is impaired due to disability caused or contributed to by pregnancy, miscarriage, abortion, childbirth or recovery there from the employee shall be required to undergo a physical examination by a physician selected by the County. Should the medical report so recommend, a mandatory leave shall be imposed upon the employee for the duration of the disability. 3. Except as set forth in Section 14.3 H Baby/Child Bonding, sick leave may not be utilized after the employee has been released from the hospital unless the employee has provided the County with a written statement from her attending physician stating that her disability continues and the projected dates of the employee's recovery from such disability. E. Medical and Dental Appointments. An employee may use paid sick leave credits: 1. For working time used in keeping medical and dental appointments for the employee's own care; and 2. For working time used by an employee for pre-scheduled medical and dental appointments for an immediate family member. F. Emergency Care of Family. An employee may use paid sick leave credits for working time used in cases of illness or injury to an immediate family member. G. Death of Family Member. An employee may use paid sick leave credits for working time used because of a death in the employee's immediate family or of the employee’s domestic partner, but this shall not exceed three (3) working days, plus up to two (2) days of work time for necessary travel. Use of additional accruals including sick leave when appropriate may be authorized in conjunction with the bereavement leave at the discretion of the appointing authority. H. Baby/Child Bonding. Upon the birth or adoption of a child, an employee eligible for baby-bonding leave pursuant to the California Family Rights Act may use sick leave credits for such baby-bonding leave. I. Accumulated paid sick leave credits may not be used in the following situations: 1. Vacation. Paid sick leave credits may not be used for an employee's illness or injury which occurs while he/she is on vacation but the County Administrator may authorize it when extenuating circumstances exist and the appointing authority approves. 2. Not in Pay Status. Paid sick leave credits may not be used when the employee would otherwise be eligible to use paid sick leave credits but is not in pay status. July 12, 2016 Contra Costa County Board of Supervisors 226 14.4 Administration of Sick Leave. The proper administration of sick leave is a responsibility of the employee and the department head. Unless otherwise provided in the supplemental sections of this MOU, the following procedures apply: A. Employee Responsibilities 1. Employees are responsible for notifying their department of an absence prior to the commencement of their work shift or as soon thereafter as possible. Notification shall include a statement that the absence is due to a medical condition and possible duration of the absence. 2. Employees are responsible for keeping their department informed on a continuing basis of their condition and probable date of return to work. 3. Employees are responsible for obtaining advance approval from their supervisor for the scheduled time of pre-arranged personal or family medical and dental appointment. 4. Employees are encouraged to keep the department advised of (1) a current telephone number to which sick leave related inquiries may be directed, and (2) any condition(s) and/or restriction(s) that may reasonably be imposed regarding specific locations and/or persons the department may contact to verify the employee's sick leave. B. Department Responsibilities. The use of sick leave may properly be denied if these procedures are not followed. Abuse of sick leave on the part of the employee is cause for disciplinary action. Departmental approval of sick leave is a certification of the legitimacy of the sick leave claim. The department head or designee may make reasonable inquiries about employee absences. The department may require medical verification for an absence of three (3) or more working days. The department may also require medical verification for absences of less than three (3) working days for probable cause if the employee had been notified in advance in writing that such verification was necessary. Inquiries may be made in the following ways: 1. Calling the employee's residence telephone number or other contact telephone number provided by the employee if telephone notification was not made in accordance with departmental sick leave call-in guidelines. These inquiries shall be subject to any restrictions imposed by the employee under Section 14.4.a. 2. Obtaining the employee's signature on the Absence/Overtime Record, or on another form established for that purpose, as employee certification of the legitimacy of the claim. 3. Obtaining the employee's written statement regarding the sick leave claim and duration. July 12, 2016 Contra Costa County Board of Supervisors 227 4. Requiring the employee to obtain a physician's certificate or verification of the employee's illness, date(s) the employee was incapacitated, and the employee's ability to return to work, as specified above. 5. In absences of an extended nature, requiring the employee to obtain from their physician a statement of progress and anticipated date on which the employee will be able to return to work, as specified above. Department heads are responsible for establishing timekeeping procedures which will insure the submission of a time card covering each employee absence and for operating their respective offices in accordance with these policies and with clarifying regulations issued by the Office of the County Administrator. To help assure uniform policy application, the Director of Human Resources or designated management staff of the County Human Resources Department should be contacted with respect to sick leave determinations about which the department is in doubt. 14.5 Disability. A. An employee physically or mentally incapacitated for the performance of duty is subject to dismissal, suspension or demotion, subject to the County Employees Retirement Law of 1937. An appointing authority after giving notice may place an employee on leave if the appointing authority has filed an application for disability retirement for the employee, or whom the appointing authority believes to be temporarily or permanently physically or mentally incapacitated for the performance of the employee’s duties. B. An appointing authority who has reasonable cause to believe that there are physical or mental health conditions present in an employee which endanger the health or safety of the employee, other employees, or the public, or which impair the employee's performance of duty, may order the employee to undergo at County expense and on the employees paid time a physical, medical examination by a licensed physician and/or a psychiatric examination by a licensed physician or psychologist, and receive a report of the findings on such examination. If the examining physician or psychologist recommends that treatment for physical or mental health problems, including leave, are in the best interests of the employee or the County in relation to the employee overcoming any disability and/or performing his or her duties the appointing authority may direct the employee to take such leave and/or undergo such treatment. C. Leave due to temporary or permanent disability shall be without prejudice to the employee's right to use sick leave, vacation, or any other benefit to which the employee is entitled other than regular salary. The Director of Human Resources may order lost pay restored for good cause and subject to the employee's duty to mitigate damages. July 12, 2016 Contra Costa County Board of Supervisors 228 D. Before an employee returns to work from any absence for illness or injury, other leave of absence or disability leave, exceeding two weeks in duration, the appointing authority may order the employee to undergo at County expense a physical, medical, and/or psychiatric examination by a licensed physician, and may consider a report of the findings on such examination. If the report shows that such employee is physically or mentally incapacitated for the performance of duty, the appointing authority may take such action as he/she deems necessary in accordance with appropriate provisions of this MOU. E. Before an employee is placed on an unpaid leave of absence or suspended because of physical or mental incapacity under (a) or (b) above, the employee shall be given notice of the proposed leave of absence or suspension by letter or memorandum, delivered personally or by certified mail, containing the following: 1. A statement of the leave of absence or suspension proposed. 2. The proposed dates or duration of the leave or suspension which may be indeterminate until a certain physical or mental health condition has been attained by the employee. 3. A statement of the basis upon which the action is being taken. 4. A statement that the employee may review the materials upon which the action is taken. 5. A statement that the employee has until a specified date (not less than seven (7) work days from personal delivery or mailing of the notice) to respond to the appointing authority orally or in writing. F. Pending response to the notice the appointing authority for cause specified in writing may place the employee on a temporary leave of absence, with pay. G. The employee to whom the notice has been delivered or mailed shall have seven (7) work days to respond to the appointing authority either orally or in writing before the proposed action may be taken. H. After having complied with the notice requirements above, the appointing authority may order the leave of absence or suspension in writing stating specifically the basis upon which the action is being taken, delivering the order to the employee either personally or by mail, effective either upon personal delivery or deposit in the US Postal Service. I. An employee who is placed on leave or suspended under this section may, within ten (10) calendar days after personal delivery or mailing to the employee of the order, appeal the order in writing through the Human Resources Director to the Merit Board. Alternatively, the employee may file a written election with the Human Resources Director waiving the employee's right to appeal to the Merit Board in favor of appeal to a Disability Review Arbitrator. July 12, 2016 Contra Costa County Board of Supervisors 229 J. In the event of an appeal either to the Merit Board or the Disability Review Arbitrator, the employee has the burden of proof to show that either: 1. The physical or mental health condition cited by the appointing authority does not exist, or 2. The physical or mental health condition does exist, but it is not sufficient to prevent, preclude, or impair the employee's performance of duty, or is not sufficient to endanger the health or safety of the employee, other employees, or the public. K. If the appeal is to the Merit Board, the order and appeal shall be transmitted by the Human Resources Director to the Merit Board for hearing under the Merit Board's Procedures, Section 1114-1128 inclusive. Medical reports submitted in evidence in such hearings shall remain confidential information and shall not be a part of the public record. L. If the appeal is to a Disability Review Arbitrator, the employee (and his representative) will meet with the County's representative to mutually select the Disability Review Arbitrator, who may be a de facto arbitrator, or a physician, or a rehabilitation specialist, or some other recognized specialist mutually selected by the parties. The arbitrator shall hear and review the evidence. The decision of the Disability Review Arbitrator shall be binding on both the County and the employee. Scope of the Arbitrator's Review. 1. The arbitrator may affirm, modify or revoke the leave of absence or suspension. 2. The arbitrator may make his decision based only on evidence submitted by the County and the employee. 3. The arbitrator may order back pay or paid sick leave credits for any period of leave of absence or suspension if the leave or suspension is found not to be sustainable, subject to the employee's duty to mitigate damages. 4. The arbitrator's fees and expenses shall be paid one-half by the County and one-half by the employee or employee's union. 14.6 Workers' Compensation. A permanent non-safety employee shall continue to receive the appropriate percent of regular monthly salary during any period of compensable temporary disability absence not to exceed one year. For all accepted claims filed with the County on or after January 1, 2008, the percentage of pay for employees entitled to Workers’ Compensation shall be 75%. If Workers’ Compensation becomes taxable, the parties shall meet and confer with respect to the salary continuation and funding of the increased cost. July 12, 2016 Contra Costa County Board of Supervisors 230 A. Waiting Period. There is a three (3) calendar day waiting period before Workers' Compensation benefits commence. If the injured worker loses any time on the day of injury, that day counts as day one (1) of the waiting period. If the injured worker does not lose time on the date of injury, the waiting period will be the first three (3) calendar days the employee does not work as a result of the injury. The time the employee is scheduled to work during this waiting period will be charged to the employee's sick leave and/or vacation accruals. In order to qualify for Workers' Compensation the employee must be under the care of a physician. Temporary compensation is payable on the first three (3) days of disability when the injury necessitates hospitalization, or when the disability exceeds fourteen (14) days. B. Continuing Pay. A permanent employee shall receive the appropriate percentage as outlined above of regular monthly salary during any period of compensable temporary disability not to exceed one (1) year. Payment of continuing pay and/or temporary disability compensation is made in accordance with Part 2, Article 3 of the Workers’ Compensation Laws of California. "Compensable temporary disability absence" for the purpose of this Section, is any absence due to work connected disability which qualifies for temporary disability compensation as set forth in Part 2, Article 3 of the Workers’ Compensation Laws of California. When any disability becomes medically permanent and stationary and/or reaches maximum medical improvement, the salary provided by this Section shall terminate. No charge shall be made against sick leave or vacation for these salary payments. Sick leave and vacation rights shall not accrue for those periods during which continuing pay is received. Employees shall be entitled to a maximum of one (1) year of continuing pay benefits. C. Continuing pay begins at the same time that temporary Workers' Compensation benefits commence and continues until either the member is declared medically permanent/stationary and/or reaches maximum medical improvement, or until one (1) year of continuing pay, whichever comes first provided the employee remains in an active employed status. Continuing pay is automatically terminated on the date an employee is separated from County service by resignation, retirement, layoff, or the employee is no longer employed by the County. In these instances, employees will be paid Workers’ Compensation benefits as prescribed by Workers’ Compensation laws. All continuing pay will be cleared through the County Administrator’s Office, Risk Management Division. Whenever an employee who has been injured on the job and has returned to work is required by an attending physician to leave work for treatment during working hours the employee shall be allowed time off up to three (3) hours for such treatment without loss of pay or benefits, provided the employee notifies his/her supervisor of the appointment at least three (3) working days prior to the appointment or as soon as the employee becomes aware the appointment has been made. Said visits are to be scheduled contiguous to either the beginning or July 12, 2016 Contra Costa County Board of Supervisors 231 end of the scheduled work day whenever possible. This provision applies only to injuries/illnesses that have been accepted by the County as work related. D. If an injured employee remains eligible for temporary disability beyond one year, applicable salary will continue by integrating sick leave and/or vacation accruals with Workers' Compensation benefits (vacation charges to be approved by the department and the employee). If salary integration is no longer available, Workers' Compensation benefits will be paid directly to the employee as prescribed by Workers' Compensation laws. E. Method of Integration. An employee's sick leave and/or vacation charges shall be calculated as follows: C = 8 [1 - (W ÷S)] C = Sick leave or vacation charge per day (in hours) W = Statutory Workers' Compensation for a month S = Monthly salary For Example: W = $960 per month Workers' Compensation S = $1667 per month salary 8 = 8 hours C = Hours to be charged to Sick Leave C = 8 [1 - ($960 ÷ $1,667)] C = 8 [1 - (.5758)] C = 8 (.4242) C = 3.39 3 hours chargeable to sick leave 5 hours chargeable to Workers' Compensation F. Health Insurance. The County contribution to the employee's group insurance plan(s) continues during the continuing pay period and during integration of sick leave or vacation with Workers' Compensation benefits. 14.7 Rehabilitation Program. On May 26, 1981, the Board of Supervisors established a Labor-Management Committee to administer a rehabilitation program for disabled employees. It is understood that the benefits specified above in this Section 14 shall be coordinated with the rehabilitation program as determined by the Labor- Management Committee. The Rehabilitation Committee will meet within sixty (60) days of ratification of this MOU. The County will schedule committee meetings on a quarterly basis. 14.8 Accrual During Leave Without Pay. No employee who has been granted a leave without pay or an unpaid military leave shall accrue any sick leave credits during the time of such leave nor shall an employee who is absent without pay accrue sick leave credits during the absence. July 12, 2016 Contra Costa County Board of Supervisors 232 SECTION 15 - CATASTROPHIC LEAVE BANK 15.1 Program Design. The County Human Resources Department will operate a Catastrophic Leave Bank which is designed to assist any County employee who has exhausted all paid accruals due to a serious or catastrophic illness, injury, or condition of the employee or family member. The program establishes and maintains a Countywide bank wherein any employee who wishes to contribute may authorize that a portion of his/her accrued vacation, compensatory time, holiday compensatory time or floating holiday be deducted from those account(s) and credited to the Catastrophic Leave Bank. Employees may donate hours either to a specific eligible employee or to the bank. Upon approval, credits from the Catastrophic Leave Bank may be transferred to a requesting employee's sick leave account so that employee may remain in paid status for a longer period of time, thus partially ameliorating the financial impact of the illness, injury, or condition. Catastrophic illness or injury is defined as a critical medical condition, a long-term major physical impairment or disability which manifests itself during employment. 15.2 Operation. The plan will be administered under the direction of the Director of Human Resources. The Human Resources Department will be responsible for receiving and recording all donations of accruals and for initiating transfer of credits from the bank to the recipient's sick leave account. Disbursement of accruals will be subject to the approval of a six (6) member committee composed of three (3) members appointed by the County Administrator and three (3) members appointed by the majority representative employee organizations. The committee shall meet as necessary to consider all requests for credits and shall make determinations as to the appropriateness of the request. The committee shall determine the amount of accruals to be awarded for employees whose donations are non-specific. Consideration of all requests by the committee will be on an anonymous requester basis. Hours transferred from the Catastrophic Leave Bank to a recipient will be in the form of sick leave accruals and shall be treated as regular sick leave accruals. To receive credits under this plan, an employee must have permanent status, must have exhausted all time off accruals to a level below eight (8) hours total, have applied for a medical leave of absence and have medical verification of need. Donations are irrevocable unless the donation to the eligible employee is denied. Donations may be made in hourly blocks with a minimum donation of not less than four (4) hours per donation from balances in the vacation, holiday, floating holiday, compensatory time, or holiday compensatory time accounts. Employees who elect to donate to a specific individual shall have seventy-five percent (75%) of their donation credited to the individual and twenty-five percent (25%) credited to the Catastrophic Leave Bank. Time donated will be converted to a dollar value and the dollar value will be converted back to sick leave accruals at the recipient's base hourly rate when disbursed. Credits will not be on a straight hour-for-hour basis. All computations will be on a standard July 12, 2016 Contra Costa County Board of Supervisors 233 173.33 basis, except that employees on other than a forty (40) hour week will have hours prorated according to their status. Any recipient will be limited to a total of one thousand forty (1040) hours or its equivalent per catastrophic event; each donor will be limited to one hundred twenty (120) hours per calendar year. No element of this plan is grievable. All appeals from either a donor or recipient will be resolved on a final basis by the Director of Human Resources. No employee will have any entitlement to catastrophic leave benefits. The award of Catastrophic Leave will be at the sole discretion of the committee, both as to amounts of benefits awarded and as to persons awarded benefits. Benefits may be denied, or awarded for less than six (6) months. The committee will be entitled to limit benefits in accordance with available contributions and to choose from among eligible applicants, on an anonymous basis, those who will receive benefits, except for hours donated to a specific employee. In the event a donation is made to a specific employee and the committee determines the employee does not meet the Catastrophic Leave Bank criteria, the donating employee may authorize the hours to be donated to the bank or returned to the donor’s account. The donating employee will have fourteen (14) calendar days from notification to submit his/her decision regarding the status of their donation, or the hours will be irrevocably transferred to the Catastrophic Leave Bank. Any unused hours transferred to a recipient will be returned to the Catastrophic Leave Bank. SECTION 16 - STATE DISABILITY INSURANCE (SDI) 16.1 General Provisions. Contra Costa County participates in the State Disability Insurance (SDI) program, subject to the rules and procedures established by the State of California. The County augments the SDI program with its SDI Integration Program. Changes to the State Disability Insurance program could affect the County’s SDI Integration Program. Determination of SDI payments and eligibility to receive payments is at the sole discretion of the State of California. Employees eligible for SDI benefits are required to apply for SDI benefits and to have those benefits integrated with the use of their sick leave accruals on the following basis: Integration means that employees will be required to use sick leave accruals to supplement the difference between the amount of the SDI payment and the employee's base monthly salary. Integration of sick leave with the SDI benefit is automatic and cannot be waived. Integration applies to all SDI benefits paid. For employees off on SDI, the department will make appropriate integration adjustments, including retroactive adjustments if necessary. Employees must inform their department of their SDI application in a timely manner in order for the department to make appropriate integration adjustments. State Disability benefit payments will be sent directly to the employees at their home address by the State of California. July 12, 2016 Contra Costa County Board of Supervisors 234 When there are insufficient sick leave accruals available to fully supplement the difference between the SDI payment and the employee's base monthly salary, accruals other than sick leave may be used. These accruals may be used only to the extent that total payments do not exceed the employee's base monthly salary. 16.2 Procedures. Employees with more than 1.2 hours of sick leave accruals at the beginning of the disability integration period must integrate their sick leave accrual usage with their SDI benefit to the maximum extent possible. When employees have 1.2 hours or less of sick leave accruals at the beginning of the disability integration period, the department shall automatically use 0.1 hour of sick leave per month for the duration of their SDI benefit. When sick leave accruals are totally exhausted, integration with the SDI benefit terminates. An employee may use any other accruals without reference to or integration with the SDI benefit. When the SDI benefit is exhausted, sick leave integration terminates. Then the employee may use sick leave or other accruals. Employees with no sick leave balance at the beginning of the disability integration period may use any other accruals without reference to or integration with the SDI benefit. Employees whose SDI claims are denied must present a copy of their claim denial to their department. The department will then authorize use of unused sick leave and shall authorize the use of other accruals as appropriate. 16.3 Method of Integration. Until an employee has a balance of 1.2 hours of sick leave, the employee's sick leave accrual charges while receiving SDI benefits shall be calculated each month. The amount of sick leave charged each employee will be calculated in the following manner: The percentage of base monthly salary not covered by the SDI benefit will be applied to the daily hours in the employee's schedule and that number of sick leave hours will be charged against the employee's sick leave accruals. For purposes of integration with the SDI program, all full-time employees' schedules will be converted to 8-hour/5-day weekly work schedules during the period of integration. The formula for full-time employees' sick leave integration charges is shown below: L = [(S-D) ÷ S] x 8 S = Employee Base Monthly Salary H = Estimated Highest Quarter (3-mos) Earnings [H = S x 3] W = Weekly SDI Benefit from State of California SDI Weekly Benefit Table C = Calendar Days in each Month D = Est. Monthly SDI Benefit [D = (W ÷ 7) x C] L = Sick Leave Charged per Day July 12, 2016 Contra Costa County Board of Supervisors 235 Permanent part-time, permanent-intermittent employees, and those full-time employees working a light/limited duty reduced schedule program shall have their sick leave integration adjusted accordingly. 16.4 Definition. "Base Monthly Salary" for purposes of sick leave integration is defined as the salary amount for the employee's step on the salary schedule for the employee's permanent classification as shown in the "Salary" field on the On-Line Payroll Time Reporting System used by departments for payroll reporting purposes. 16.5 SDI Informational Meetings. The Benefits Division will hold two (2) meetings in East County and two (2) meetings in West County to provide information about SDI integration and sick-leave buy-back. The Union agrees to make the arrangements for meeting space and will bear the costs of securing the space. SECTION 17 - LEAVE OF ABSENCE 17.1 Leave Without Pay. Any employee who has permanent status may be granted a leave of absence without pay upon written request, approved by the appointing authority; provided, however, that leaves for pregnancy, pregnancy disability, serious health conditions, and family care shall be granted in accordance with applicable state and federal law. 17.2 General Administration - Leaves of Absence. Requests for leave without pay shall be made upon forms prescribed by the Director of Human Resources and shall state specifically the reason for the request, the date when it is desired to begin the leave, and the probable date of return. A. Leave without pay may be granted for any of the following reasons: 1. Illness or disability. 2. Pregnancy. 3. Parental. 4. To take a course of study such as will increase the employee's usefulness on return to the position. 5. For other reasons or circumstances acceptable to the appointing authority. B. An employee must request family care leave at least thirty (30) days before the leave is to begin if the need for the leave is foreseeable. If the need is not foreseeable, the employee must provide written notice to the employer within five (5) days of learning of the event by which the need for family care leave arises. C. A leave without pay may be for a period not to exceed one (1) year, provided the appointing authority may extend such leave for additional periods. The procedure in granting extensions shall be the same as that in granting the original leave, July 12, 2016 Contra Costa County Board of Supervisors 236 provided that the request for extension must be made not later than thirty (30) calendar days before the expiration of the original leave. D. Nevertheless, a leave of absence for the employee's serious health condition or for family care (FMLA) shall be granted to an employee who so requests it for up to eighteen (18) weeks during a “rolling” twelve (12) month period measured backward from the date an employee uses his/her FMLA leave in accordance with Section 17.5 below. E. Whenever an employee who has been granted a leave without any pay desires to return before the expiration of such leave, the employee shall submit a request to the appointing authority in writing at least fifteen (15) days in advance of the proposed return. Early return is subject to prior approval by the appointing authority. The Human Resources Department shall be notified promptly of such return. F. Except in the case of leave of absence due to family care, pregnancy, pregnancy disability, illness, or serious health condition, the decision of the appointing authority on granting or denying a leave or early return from leave shall be subject to appeal to the Director of Human Resources and not subject to appeal through the grievance procedure set forth in this MOU. 17.3 Furlough Days Without Pay (VTO). Subject to the prior written approval of the appointing authority, employees may elect to take furlough days or hours without pay (pre-authorized absence without pay), up to a maximum of fifteen (15) calendar days for any one period. Longer pre-authorized absences without pay are considered leaves of absence without pay. Employees who take furlough time shall have their compensation for the portion of the month worked computed in accord with Section 5.6 - Compensation for Portion of Month of this MOU. Full-time and part-time employees who take furlough time shall have their vacation, sick leave, floating holiday, and any other payroll computed accruals computed as though they had worked the furlough time. When computing vacation, sick leave, floating holiday and other accrual credits for employees taking furlough time, this provision shall supersede Section 12.1, 13.1, 13.3, 14.2 and 14.8 of this MOU regarding the computation of vacation, sick leave, floating holiday, and other accrual credits as regards furlough time only. For payroll purposes, furlough time (absence without pay with prior authorization of the appointing authority) shall be reported separately from other absences without pay to the Auditor-Controller. The existing VTO program shall be continued for the life of the contract. 17.4 Military Leave. Any employee who is ordered to serve as a member of the State Militia or the United States Army, Navy, Air Force, Marine Corps, Coast Guard or any division thereof shall be granted a military leave for the period of such service, plus ninety (90) days. Additionally, any employee who volunteers for service during a mobilization under Executive Order of the President or Congress of the United States and/or the State Governor in time of emergency shall be granted a leave of absence in accordance with applicable state or federal laws. Upon the termination of such service or upon honorable discharge, the employee shall be entitled to return to his/her position in the classified service provided such still exists and the employee is otherwise qualified, without any loss of standing of any kind whatsoever. July 12, 2016 Contra Costa County Board of Supervisors 237 An employee who has been granted a military leave shall not, by reason of such absence, suffer any loss of vacation, holiday, or sick leave privileges which may be accrued at the time of such leave, nor shall the employee be prejudiced thereby with reference to salary adjustments or continuation of employment. For purposes of determining eligibility for salary adjustments or seniority in case of layoff or promotional examination, time on military leave shall be considered as time in County service. Any employee who has been granted a military leave, may upon return, be required to furnish such evidence of performance of military service or of honorable discharge as the Director of Human Resources may deem necessary. 17.5 Family Care Leave or Medical Leave. Upon request to the appointing authority, in a “rolling” twelve (12) month period measured backward from the date the employee uses his/her FMLA leave, any employee who has permanent status shall be entitled to at least eighteen (18) weeks leave (less if so requested by the employee) for: A. Medical leave of absence for the employee's own serious health condition which makes the employee unable to perform the functions of the employee's position; or B. Family care leave of absence without pay for reason of the birth of a child of the employee, the placement of a child with an employee in connection with the adoption or foster care of the child by the employee, or the serious illness or health condition of a child, parent, spouse, or domestic partner of the employee. 17.6 Certification. The employee may be asked to provide certification of the need for family care leave or medical leave. Additional period(s) of family care or medical leave may be granted by the appointing authority. 17.7 Intermittent Use of Leave. The eighteen (18) week entitlement may be in broken periods, intermittently on a regular or irregular basis, or may include reduced work schedules depending on the specific circumstances and situations surrounding the request for leave. The eighteen (18) weeks may include use of appropriate available paid leave accruals when accruals are used to maintain pay status, but use of such accruals is not required beyond that specified in Section 17.12 below. When paid leave accruals are used for a medical or family care leave, such time shall be counted as a part of the eighteen (18) week entitlement. 17.8 Aggregate Use for Spouses. In the situation where husband and wife are both employed by the County, the family care of medical leave entitlement based on the birth, adoption or foster care of a child is limited to an aggregate for both employees together of eighteen (18) weeks during a “rolling” twelve (12) month measured backward from the date the employee uses his/her FMLA leave. Employees requesting family care leave are required to advise their appointing authority(ies) when their spouse is also employed by the County. 17.9 Definitions. For medical and family care leaves of absence under this section, the following definitions apply: July 12, 2016 Contra Costa County Board of Supervisors 238 A. Child: A biological, adopted, or foster child, stepchild, legal ward, conservatee or a child who is under eighteen (18) years of age for whom an employee stands in loco parentis or for whom the employee is the guardian or conservator, or an adult dependent child of the employee. B. Parent: A biological, foster, or adoptive parent, a step-parent, legal guardian, conservator, or other person standing in loco parentis to a child. C. Spouse: A partner in marriage as defined in California Civil Code Section 4100. D. Domestic Partner: An unmarried person, eighteen (18) years or older, to whom the employee is not related and with whom the employee resides and shares the common necessities of life. E. Serious Health Condition: An illness, injury, impairment, or physical or mental condition which warrants the participation of a family member to provide care during a period of treatment or supervision and involves either inpatient care in a hospital, hospice or residential health care facility or continuing treatment or continuing supervision by a health care provider (e.g. physician or surgeon) as defined by state and federal law. F. Certification for Family Care Leave: A written communication to the employer from a health care provider of a person for whose care the leave is being taken which need not identify the serious health condition involved, but shall contain: 1. The date, if known, on which the serious health condition commenced. 2. The probable duration of the condition. 3. An estimate of the amount of time which the employee needs to render care or supervision. 4. A statement that the serious health condition warrants the participation of a family member to provide care during period of treatment or supervision. 5. If for intermittent leave or a reduced work schedule leave, the certification should indicate that the intermittent leave or reduced leave schedule is necessary for the care of the individual or will assist in their recovery, and its expected duration. G. Certification for Family Medical Leave: A written communication from a health care provider of an employee with a serious health condition or illness to the employer, which need not identify the serious health condition involved, but shall contain: 1. The date, if known, on which the serious health condition commenced. 2. The probable duration of the condition. July 12, 2016 Contra Costa County Board of Supervisors 239 3. A statement that the employee is unable to perform the functions of the employee's job. 4. If for intermittent leave or a reduced work schedule leave, the certification should indicate the medical necessity for the intermittent leave or reduced leave schedule and its expected duration. H. Comparable Positions: A position with the same or similar duties and pay which can be performed at the same or similar geographic location as the position held prior to the leave. Ordinarily, the job assignment will be the same duties in the same program area located in the same city, although specific clients, caseload, co-workers, supervisor(s), or other staffing may have changed during an employee's leave. 17.10 Pregnancy Disability Leave. Insofar as pregnancy disability leave is used under Section 14.3.D (Sick Leave Utilization for Pregnancy Disability), that time will not be considered a part of the eighteen (18) week family care leave period. 17.11 Group Health Plan Coverage. Employees who were members of one of the group health plans prior to commencement of their leave of absence can maintain their health plan coverage with the County contribution by maintaining their employment in pay status as described in Section 17.12. During the eighteen (18) weeks of an approved medical or family care leave under Section 17.5 above, the County will continue its contribution for such health plan coverage even if accruals are not available for use to maintain pay status as required under Section 17.12. In order to maintain such coverage, employees are required to pay timely the full employee contribution to maintain their group health plan coverage, either through payroll deduction or by paying the County directly. 17.12 Leave Without Pay - Use of Accruals. A. All Leaves of Absence. During the first twelve (12) month period of any leave of absence without pay, an employee may elect to maintain pay status each month by using available sick leave (if so entitled under Section 14.3 - Policies Governing the Use of Paid Sick Leave), vacation, floating holiday, compensatory time off or other accruals or entitlements; in other words, during the first twelve (12) months, a leave of absence without pay may be "broken" into segments and accruals used on a monthly basis at the employee's discretion. After the first twelve (12) months, the leave period may not be "broken" into segments and accruals may not be used, except when required by LTD Benefit Coordination or SDI/Sick Leave Integration or as provided Section 16.3 or in the sections below. B. Family Care or Medical Leave (FMLA). During the eighteen (18) weeks of an approved medical or family care leave, if a portion of that leave will be on a leave of absence without pay, the employee will be required to use at least 0.1 hour of sick leave (if so entitled under Section 14.3 - Policies Governing the Use of Paid Sick Leave), vacation, floating holiday, compensatory time off or other accruals July 12, 2016 Contra Costa County Board of Supervisors 240 or entitlements if such are available, although use of additional accruals is permitted under subsection A. above. C. Leave of Absence/Long Term Disability (LTD) Benefit Coordination. A n eligible employee who files an LTD claim and concurrently takes a leave of absence without pay will be required to use accruals as provided in Section B herein during the eighteen (18) week entitlement period of a medical leave specified above. If an eligible employee continues beyond the eighteen (18) week entitlement period on a concurrent leave of absence/LTD claim, the employee may choose to maintain further pay status only as allowed under subsection A. herein. D. Sick leave accruals may not be used during any leave of absence, except as allowed under Section 14.3 - Policies Governing the Use of Paid Sick Leave. 17.13 Leave of Absence Replacement and Reinstatement. Any permanent employee who requests reinstatement to the classification held by the employee in the same department at the time the employee was granted a leave of absence, shall be reinstated to a position in that classification and department and then only on the basis of seniority. In case of severance from service by reason of the reinstatement of a permanent employee, the provisions of Section 11 - Workforce Reduction/Layoff/Reassignment shall apply. 17.14 Leave of Absence Return. In the Employment & Human Services Department an employee shall have the right to return to the same class, building, and assignment (position control number) if the return to work is within eighty-nine (89) consecutive days from the initial date the employee started the leave of absence. At such time the leave of absence is approved by the Appointing Authority, the Employment & Human Services Department shall notify the employee of the final date by which he/she shall return to be assigned to the same position control number. 17.15 Reinstatement From Family Care/Medical Leave. In the case of a family care or medical leave, an employee on a 5/40 schedule shall be reinstated to the same or comparable position if the return to work is after no more than ninety (90) work days of leave from the initial date of a continuous leave, including use of accruals, or within the equivalent on an alternate work schedule. A full-time employee taking an intermittent or reduced work schedule leave shall be reinstated to the same or comparable position if the return to work on a full schedule is after no more than seven hundred twenty (720) hours, including use of accruals, of intermittent or reduced schedule leave. At the time the original leave is approved, the appointing authority shall notify the employee in writing of the final date to return to work, or the maximum number of hours of leave, in order to guarantee reinstatement to the same or comparable position. An employee on a schedule other than 5/40 shall have the time frame for reinstatement to the same or comparable position adjusted on a pro rata basis. 17.16 Salary Review While on Leave of Absence. The salary of an employee who is on leave of absence from a County position on any anniversary date and who has not been absent from the position on leave without pay more than six (6) months during the July 12, 2016 Contra Costa County Board of Supervisors 241 preceding year, shall be reviewed on the anniversary date. Employees on military leave shall receive salary increments that may accrue to them during the period of military leave. 17.17 Unauthorized Absence. An unauthorized absence from the work site or failure to report for duty after a leave request has been disapproved, revoked, or canceled by the appointing authority, or at the expiration of a leave, shall be without pay. Such absence may also be grounds for disciplinary action. 17.18 Non-Exclusivity. Other MOU language on this subject, not in conflict, shall remain in effect. SECTION 18 - JURY DUTY AND WITNESS DUTY 18.1 Jury Duty. For purposes of this Section, jury duty shall be defined as any time an employee is obligated to report to the court. A. When called for jury duty, County employees, like other citizens, are expected to discharge their jury duty responsibilities. B. Employees shall advise their department as soon as possible if scheduled to appear for jury duty. C. If summoned for jury duty in a Superior, Federal Court, or a Coroners jury, employees may remain in their regular County pay status, or they may take paid leave (vacation, floating holiday, etc.) or leave without pay and retain all fees and expenses paid to them. D. When an employee is summoned for jury duty selection or is selected as a juror in a Superior or Federal Court, employees may remain in a regular pay status if they waive all fees (other than mileage), regardless of shift assignment and the following shall apply: 1. If an employee elects to remain in a regular pay status and waive or surrender all fees (other than mileage), the employee shall obtain from the Clerk or Jury Commissioner a certificate indicating the days attended and noting that fees other than mileage are waived or surrendered. The employee shall furnish the certificate to his department where it will be retained as a department record. No "Absence/Overtime Record" is required. 2. An employee who elects to retain all fees must take leave (vacation, floating holiday, etc.) or leave without pay. No court certificate is required but an "Absence/Overtime Record" must be submitted to the department payroll clerk. July 12, 2016 Contra Costa County Board of Supervisors 242 E. Employees are not permitted to engage in any employment regardless of shift assignment or occupation before or after daily jury service that would affect their ability to properly serve as jurors. F. An employee on short notice standby to report to court, whose job duties make short notice response impossible or impractical, shall be given alternate work assignments for those days to enable them to respond to the court on short notice. G. When an employee is required to serve on jury duty, the County will adjust that employee's work schedule to coincide with a Monday to Friday schedule for the remainder of their service, unless the employee requests otherwise. H. Permanent-intermittent employees are entitled to paid jury duty leave only for those days on which they were previously scheduled to work. 18.2 Witness Duty. Employees called upon as a witness or an expert witness in a case arising in the course of their work or the work of another department may remain in their regular pay status and turn over to the County all fees and expenses paid to them other than mileage allowance or they may take vacation leave or leave without pay and retain all fees and expenses. Employees called to serve as witnesses in private cases or personal matters (e.g., accident suits and family relations) shall take vacation leave or leave without pay and retain all witness fees paid to them. Employees shall advise their department as soon as possible if scheduled to appear for witness duty. Permanent-intermittent employees are entitled to paid witness duty only for those days on which they were previously scheduled to work. SECTION 19 - MEDICAL, DENTAL, & LIFE INSURANCE 19.1 Health Plan Coverages. The County will provide the medical and dental coverage for permanent employees regularly scheduled to work twenty (20) or more hours per week and for their eligible family members, expressed in one of the Medical Plan contracts and one of the Dental Plan contracts between the County and the following providers: A. Contra Costa Health Plans (CCHP) B. Kaiser Permanente Health Plan C. Health Net D. Teamsters 856 Trust Fund KP Health Plan (available as of 01/01/2017) E. Delta Dental F. DeltaCare (PMI) Employee Co-pays for these plans are shown on Attachment B. Medical Plans: July 12, 2016 Contra Costa County Board of Supervisors 243 All employees will have access to the following medical plans for the 2016 Plan Year: 1. CCHP Plan A & Plan B 2. Kaiser Permanente Plan A 3. Health Net HMO Plan A 4. Health Net PPO Plan A All employees will have access to the following medical plans beginning in the 2017 Plan Year: 1. CCHP Plan A & Plan B 2. Kaiser Permanente Plan A & Plan B 3. Teamsters 856 Trust Fund KP Health Plan 4. Health Net HMO Plan A & Plan B 5. Health Net PPO Plan A & Plan B 6. Kaiser High Deductible Health Plan Health Net PPO Plan B will be eliminated for all employees beginning January 1, 2018. In the event that one of the medical plans listed above meets the criteria for a high cost employer-sponsored health plan that may be subject to an excise penalty (a.k.a. Cadillac Tax) under the federal Patient Protection and Affordable Care Act (“ACA”) (42 U.S.C. § 18081), the Joint Labor/Management Benefit Committee will meet to consider plan design and other changes in an effort to mitigate the negative impact of the excise penalty. If the Committee is unable to make sufficient plan changes and the plan(s) continue to meet the criteria for high cost employer-sponsored health plan(s), such plan(s) will be eliminated for all employees beginning January 1, 2018. 19.2 Monthly Premium Subsidy: A. For each medical and/or dental plan, the County’s monthly premium subsidy is a set dollar amount and is not a percentage of the premium charged by the plan. The County will pay the following monthly premium subsidy: Health & Dental Plans Employee Employee +1 Dependent Employee +2 or More Dependents Contra Costa Health Plans (CCHP), Plan A $509.92 $1,214.90 $1,214.90 Contra Costa Health Plans (CCHP), Plan B $528.50 $1,255.79 $1,255.79 Kaiser Permanente Health Plans $478.91 $1,115.84 $1,115.84 Teamsters 856 Trust Fund KP Health Plan (available as of 01/01/2017) $478.91 $1,115.84 $1,115.84 Health Net HMO Plans $627.79 $1,540.02 $1,540.02 Health Net PPO Plans $604.60 $1,436.25 $1,436.25 Delta Dental with CCHP A or B $41.17 $93.00 $93.00 Delta Dental with Kaiser or Health Net $34.02 $76.77 $76.77 Delta Dental without a Health Plan $43.35 $97.81 $97.81 DeltaCare (PMI) with CCHP A or B $25.41 $54.91 $54.91 DeltaCare (PMI) with Kaiser or Health Net $21.31 $46.05 $46.05 DeltaCare (PMI) without a Health Plan $27.31 $59.03 $59.03 July 12, 2016 Contra Costa County Board of Supervisors 244 The 2-tier premium structure in effect for the 2016 plan year will continue to apply to eligible retirees until such time as the County implements a 3-tier premium structure for a majority of all eligible County retirees participating in County health plans. B. If the County contracts with a medical and/or dental plan provider not listed above, the amount of the premium subsidy that the County will pay to that medical and/or dental plan provider for employees and their eligible family members shall not exceed the amount of the premium subsidy that the County would have paid to the former plan provider. C. In the event that the County premium subsidy amounts are greater than one hundred percent (100%) of the applicable premium of any medical and/or dental plan, for any plan year, the County’s contribution will not exceed one hundred percent (100%) of the applicable plan premium. D. Joint Labor/Management Benefit Committee. The Union will join the Joint Labor/Management Benefit Committee (“Benefit Committee”) created in 2016 that will convene in order to 1) select a replacement medical or dental plan in the event that a plan listed in this Section 19 is no longer available; 2) design a wellness program; 3) discuss future medical, dental, or vision plan design; or 4) assess the future impact of any excise tax pursuant to the federal Patient Protection and Affordable Care Act (“ACA”) (42 U.S.C. § 18081) on any high cost medical plans offered by the County. The Benefit Committee replaces the existing Healthcare Oversight Committee. The existing Healthcare Coalition will remain, but may meet quarterly. The Benefit Committee will be composed of two (2) representatives (not including Union/Association staff) from each Union/Association in the County and Management representatives to be determined. If the Benefit Committee is selecting a replacement medical or dental plan, the selection must be unanimously agreed upon by the Union/Association representatives on the Committee and any such selected plan will be available to employees represented by the Unions and incorporated into their respective MOUs after ratification by each Union/Association. The Union may begin participating in the Benefit Committee following ratification of this MOU. 19.3 Retirement Coverage: A. Upon Retirement: 1. Upon retirement, eligible employees and their eligible family members may remain in their County health/dental plan, but without County-paid life insurance coverage, if immediately before their proposed retirement the employees and dependents are either active subscribers to one of the County contracted health/dental plans or if while on authorized leave of absence without pay, they have retained continuous coverage during the leave period. The County will pay the health/dental plan monthly premium subsidies set forth in Section 19.2 for eligible retirees and their eligible family July 12, 2016 Contra Costa County Board of Supervisors 245 members. 2. Any person who becomes age 65 on or after January 1, 2010 and who is eligible for Medicare must immediately enroll in Medicare Parts A and B. 3. For employees hired on or after January 1, 2010 and their eligible family members, no monthly premium subsidy will be paid by the County for any health and/or dental plan after they separate from County employment. However, any such eligible employee who retires under the Contra Costa County Employees’ Retirement Association (“CCCERA”) may retain continuous coverage of a county health or dental plan provided that (i) he or she begins to receive a monthly retirement allowance from CCCERA within 120 days of separation from County employment and (ii) he or she pays the full premium cost under the health and/or dental plan without any County premium subsidy. B. Employees Who File For Deferred Retirement: Employees, who resign and file for a deferred retirement and their eligible family members, may continue in their County group health and/or dental plan under the following conditions and limitations. 1. Health and dental coverage during the deferred retirement period is totally at the expense of the employee, without any County contributions. 2. Life insurance coverage is not included. 3. To continue health and dental coverage, the employee must: a. be qualified for a deferred retirement under the 1937 Retirement Act provisions; b. be an active member of a County group health and/or dental plan at the time of filing their deferred retirement application and elect to continue plan benefits; c. be eligible for a monthly allowance from the Retirement System and direct receipt of a monthly allowance within twenty-four (24) months of application for deferred retirement; and d. file an election to defer retirement and to continue health benefits hereunder with the County Benefits Division within thirty (30) days before separation from County service. 4. Deferred retirees who elect continued health benefits hereunder and their eligible family members may maintain continuous membership in their County health and/or dental plan group during the period of deferred retirement by paying the full premium for health and dental coverage on or before the 10th of each month, to July 12, 2016 Contra Costa County Board of Supervisors 246 the Contra Costa County Auditor-Controller. When the deferred retirees begin to receive retirement benefits, they will qualify for the same health and/or dental coverage pursuant to subsection (A) above, as similarly situated retirees who did not defer retirement. 5. Deferred retirees may elect retiree health benefits hereunder without electing to maintain participation in their County health and/or dental plan during their deferred retirement period. When they begin to receive retirement benefits they will qualify for the same health and/or dental coverage pursuant to subsection (A), above, as similarly situated retirees who did not defer retirement, provided reinstatement to a County group health and/or dental plan will only occur following a three (3) full calendar month waiting period after the month in which their retirement allowance commences. 6. Employees who elect deferred retirement will not be eligible in any event for County health and/or dental plan subvention unless the member draws a monthly retirement allowance within twenty-four (24) months after separation from County service. 7. Deferred retirees and their eligible family members are required to meet the same eligibility provisions for retiree health/dental coverage, as similarly situated retirees who did not defer retirement. C. Employees Hired After December 31, 2006. - Eligibility for Retiree Health Coverage: All employees hired after December 31, 2006 are eligible for retiree health/dental coverage pursuant to subsections (A) and (B), above, upon completion of fifteen (15) years of service as an employee of Contra Costa County. For purposes of retiree health eligibility, one year of service is defined as one thousand (1,000) hours worked within one anniversary year. The existing method of crediting service while an employee is on an approved leave of absence will continue for the duration of this Agreement. D. Subject to the provisions of Section 19.3 subparts (A) (B), and (C) and upon retirement and for the term of this agreement, the following employees (and their eligible family members) are eligible to receive a monthly premium subsidy for health and/or dental plans or are eligible to retain continuous coverage of such plans: employees, and each employee who retires from a position or classification that was represented by this bargaining unit at the time of his or her retirement. E. For purposes of this Section 19.3 only, “eligible family members” does not include Survivors of employees or retirees. July 12, 2016 Contra Costa County Board of Supervisors 247 19.4 Health Plan Coverages and Provisions: The following provisions are applicable regarding County Health and Dental Plan participation: A. Health, Dental and Life Participation by Other Employees: Permanent part-time employees working nineteen (19) hours per week or less may participate in the County Health and/or Dental plans (with the associated life insurance benefit) at the employee’s full expense. B. Coverage Upon Separation: An employee who separates from County employment is covered by his/her County health and/or dental plan through the last day of the month in which he/she separates. Employees who separate from County employment may continue group health and/or dental plan coverage to the extent provided by the COBRA laws and regulations. 19.5 Family Member Eligibility Criteria: The following persons may be enrolled as the eligible Family Members of a medical and/or dental plan Subscriber: A. Health Insurance 1. Eligible Dependents: a. Employee’s Legal Spouse b. Employee’s qualified domestic partner c. Employee’s child to age 26 d. Employee’s Disabled Child who is: (1) over age 26, i. Unmarried; and, ii. Incapable of sustaining employment due to a physical or mental disability that existed prior to the child’s attainment of age 19. 2. “Employee’s child” includes natural child, child of a qualified domestic partner, step-child, adopted child and a child specified in a Qualified Medical Child Support Order (QMCSO) or similar court order. B. Dental Insurance 1. Eligible Dependents: a. Employee’s Legal Spouse b. Employee’s qualified domestic partner c. Employee’s unmarried child who is: (1) Under age 19; or (2) Age 19, or above, but under age 24; and, i. Resides with the Employee for more than 50% of the year excluding time living at school; and, ii. Receives at least 50% of support from Employee; and, July 12, 2016 Contra Costa County Board of Supervisors 248 iii. Is enrolled and attends school on a full-time basis, as defined by the school. d. Employee’s Disabled Child who is: (1) Over age 19, i. Unmarried; and, ii. Incapable of sustaining employment due to a physical or mental disability that existed prior to the child’s attainment of age 19. 2. “Employee’s child” includes natural child, child of a qualified domestic partner, step-child, adopted child and a child specified in a Qualified Medical Child Support Order (QMCSO) or similar court order. 19.6 Dual Coverage: A. Each employee and retiree may be covered only by a single County health (and/or dental) plan, including a CalPERS plan. For example, a County employee may be covered under a single County health and/or dental plan as either the primary insured or the dependent of another County employee or retiree, but not as both the primary insured and the dependent of another County employee or retiree. B. All dependents, as defined in Section 19.5, Family Member Eligibility Criteria, may be covered by the health and/or dental plan of only one spouse or one domestic partner. For example, when both parents are County employees, all of their eligible children may be covered as dependents of either parent, but not both. C. For purposes of this Section 19.6 only, “County” includes the County of Contra Costa and all special districts governed by the Board of Supervisors, including, but not limited to, the Contra Costa County Fire Protection District. 19.7 Medical Plan Cost-Sharing with Active Employees on and after the first day of the month following approval of this Agreement by the Board of Supervisors. A. The two-tier premium structure in effect for the 2016 plan year and the medical plan premium subsidies set forth in 19.2.A., above, will continue for the remainder of the 2016 plan year. B. For the plan year that begins on January 1, 2017: The County will pay for active employees the monthly premium subsidy for medical plans stated in subsection 19.2.A., and adjust the amounts paid by the County for active employees in recognition of the increases to the Employee Plus Two or More Dependents medical premiums caused by the shift to a three-tier structure. In total, the County will pay the following amounts for the 2017 plan year plus any additional amounts in accordance with 19.7.C. below: July 12, 2016 Contra Costa County Board of Supervisors 249 Medical Plans Employee Employee +1 Dependent Employee +2 or More Dependents Contra Costa Health Plans (CCHP), Plan A $530.56 $1,049.81 $1,646.89 Contra Costa Health Plans (CCHP), Plan B $549.42 $1,068.65 $1,737.03 Kaiser Permanente Health Plan A $435.38 $803.96 $1,493.79 Kaiser Permanente Health Plan B $445.04 $881.68 $1,407.40 Teamsters 856 Trust Fund KP Health Plan $590.00 $1,120.00 $1,561.00 Health Net HMO Plan A $669.34 $1,131.34 $2,280.09 Health Net HMO Plan B $662.01 $1,280.20 $2,060.75 Health Net PPO Plan A $727.94 $1,112.03 $2,755.43 Health Net PPO Plan B $715.64 $1,144.40 $2,623.86 Kaiser High Deductible Health Plan $447.04 $916.72 $1,387.40 C. For the plan year that begins on January 1, 2017, and for the term of this agreement, if there is an increase in the monthly premium, including any plan premium penalty, charged by a medical plan, the County and the active employee will each pay fifty percent (50%) of the monthly increase above the plan premium amounts for medical plans with three tiers that are listed in 19.7.D, below. The fifty percent (50%) share of the monthly medical plan increase paid by the County is in addition to the amounts paid by the County in 19.7.B., above, for medical plans. D. Plan Premium Amounts: For purposes of calculating the County and Active Employee cost-sharing increases described in 19.7.C., above, the following are, unless otherwise indicated, the 2016 total monthly medical plan premium amounts for three tiers: Medical Plans Employee Employee +1 Dependent Employee +2 or More Dependents Contra Costa Health Plans (CCHP), Plan A $657.08 $1,314.15 $1,971.23 Contra Costa Health Plans (CCHP), Plan B $728.38 $1,456.77 $2,185.15 Kaiser Permanente Health Plan A $749.80 $1,499.60 $2,249.39 Kaiser Permanente Health Plan B $585.68 $1,171.36 $1,757.04 Teamsters 856 Trust Fund KP Health Plan (Premiums available as of 01/01/2017) $655.00 $1,245.00 $1,736.00 Health Net HMO Plan A $1,208.76 $2,417.52 $3,626.27 Health Net HMO Plan B $840.55 $1,681.10 $2,521.65 Health Net PPO Plan A $1,643.40 $3,286.80 $4,930.20 Health Net PPO Plan B $1,479.47 $2,958.94 $4,438.40 Kaiser High Deductible Health Plan $470.10 $940.21 $1,410.32 19.8 Life Insurance Benefit Under Health and Dental Plans. For employees who are enrolled in the County’s program of medical or dental coverage as either the primary or the dependent, term life insurance in the amount of ten thousand dollars ($10,000) will be provided by the County. July 12, 2016 Contra Costa County Board of Supervisors 250 19.9 Supplemental Life Insurance. In addition to the life insurance benefits provided by this agreement, employees may subscribe voluntarily and at their own expense for supplemental life insurance. Employees may subscribe for an amount not to exceed five hundred thousand dollars ($500,000), of which one hundred thousand ($100,000) is a guaranteed issue, provided the election is made within the required enrollment periods. 19.10 Health Care Spending Account. After six (6) months of permanent employment, full time and part time (20/40 or greater) employees may elect to participate in a Health Care Spending Account (HCSA) Program designed to qualify for tax savings under Section 125 of the Internal Revenue Code, but such savings are not guaranteed. The HCSA Program allows employees to set aside a predetermined amount of money from their pay, not to exceed the maximum amount authorized by federal law, per calendar year, of before tax dollars, for health care expenses not reimbursed by any other health benefit plans. HCSA dollars may be expended on any eligible medical expenses allowed by Internal Revenue Code Section 125. Any unused balance is forfeited and cannot be recovered by the employee. 19.11 Health Plan Participants: Permanent active employees, including project employees, regularly scheduled to work twenty (20) or more hours per week and who are enrolled in a County provided health plan as of June 1, 2016, will receive a lump sum payment of one thousand dollars ($1,000) on August 10, 2016, or on the tenth day of the month following approval of the MOU, whichever is later. This provision does not apply to permanent-intermittent, temporary, or per diem employees. 19.12 PERS Long-Term Care. The County will deduct and remit monthly premiums to the PERS Long-Term Care Administrator for employees who are eligible and voluntarily elect to purchase long-term care at their personal expense through the PERS Long- Term Care Program. 19.13 Dependent Care Assistance Program. The County offers the option of enrolling in a Dependent Care Assistance Program (DCAP) designed to qualify for tax savings under Section 129 of the Internal Revenue Code, but such savings are not guaranteed. The program allows employees to set aside up to five thousand dollars ($5,000) of annual salary (before taxes) per calendar year to pay for eligible dependent care (child and elder care) expenses. Any unused balance is forfeited and cannot be recovered by the employee. 19.14 Premium Conversion Plan. The County offers the Premium Conversion Plan (PCP) designed to qualify for tax savings under Section 125 of the Internal Revenue Code, but tax savings are not guaranteed. The program allows employees to use pre- tax dollars to pay health and dental premiums. 19.15 Prevailing Section. To the extent that any provision of this Section (Section 19 Medical, Dental, & Life Insurance) is inconsistent with any provision of any other County enactment or policy, including but not limited to Administrative Bulletins, the Salary Regulations, the Personnel Management Regulations, or any other agreement or order of the Board of Supervisors, the provision(s) of this Section (Section 19 Medical, Dental, July 12, 2016 Contra Costa County Board of Supervisors 251 & Life Insurance) will prevail. 19.16 Rate Information. The County Benefits Division will make health and dental plan rate information available upon request to employees and departments. In addition, the County Benefits Division will publish and distribute to employees and departments information about rate changes as they occur during the year. 19.17 Partial Month. The County's contribution to the health plan premium is payable for any month in which the employee is paid. If an employee is not paid enough compensation in a month to pay the employee share of the premium, the employee must make up the difference by remitting the amount delinquent to the Auditor- Controller. The responsibility for this payment rests with the employee. If payment is not made, the employee shall be dropped from the health plan. 19.18 Coverage During Absences. Employees shall be allowed to maintain their health plan coverage at the County group rate for twelve (12) months if on approved leave of absence provided that the employee shall pay the entire premium (i.e. both employer and employee share) for the health plan during said leave. Said payment shall be made by the employee at a time and place specified by the County. Late payment shall result in cancellation of health plan coverage. An employee on leave in excess of twelve (12) months may continue group coverage subject to the provisions of the Consolidated Omnibus Budget Reconciliation Act (COBRA) provided the employee pays the entire cost of coverage, plus any administrative fees, for the option selected. The entire cost of coverage shall be paid at a place and time specified by the County. Late payment may result in cancellation of health plan coverage with no reinstatement allowed. 19.19 Health Benefit Coverage for Employees Not Otherwise Covered. To access County health plans, an employee represented by the Union who is not otherwise eligible for health coverage by the County, must be eligible to receive an offer of coverage from the County under the federal Patient Protection and Affordable Care Act (“ACA”) (42 U.S.C. § 18081). Employees eligible to receive an offer of coverage (and qualified dependents), will be offered access to County health insurance plans. Employees will be responsible for the full premium cost of coverage. This provision is not subject to the grievance process. SECTION 20 - PROBATIONARY PERIOD 20.1 Duration. All appointments from officially promulgated employment lists for original entrance and promotion shall be subject to a probationary period. For original entrance appointments, the probationary period shall be from nine (9) months to two (2) years duration. For promotional appointments, the probation period shall be from six (6) months to two (2) years duration. 20.2 Classes With Probationary Period Over Six / Nine Months. Listed below are those classes represented by the Union which have probation periods in excess of nine July 12, 2016 Contra Costa County Board of Supervisors 252 (9) months for original entrance appointments and six (6) months for promotional appointments: Public Service Officer - one (1) year 20.3 Revised Probationary Period. When the probationary period for a class is changed, only new appointees to positions in the classification shall be subject to the revised probationary period. 20.4 Criteria. The probationary period shall date from the time of appointment to a permanent position after certification from an eligible list. It shall not include time served under provisional appointment or under appointment to limited term positions or any period of continuous leave of absence without pay or period of work connected disability exceeding fifteen (15) calendar days. For those employees appointed to permanent-intermittent positions with a nine (9) month probation period, probation will be considered completed upon serving fifteen hundred (1500) hours after appointment except that in no instance will this period be less than nine (9) calendar months from the beginning of probation. If a permanent- intermittent probationary employee is reassigned to full-time, credit toward probation completion in the full-time position shall be prorated on the basis of one hundred seventy-three (173) hours per month. 20.5 Rejection During Probation. An employee who is rejected during the probation period and restored to the eligible list shall begin a new probationary period if subsequently certified and appointed. A. Appeal from Rejection. Notwithstanding any other provisions of this section, an employee (probationer) shall have the right to appeal from any rejection during the probationary period based on political, or religious or union activities, or race, color, national origin, sex, age, disability, or sexual orientation. B. The appeal must be written, must be signed by the employee and set forth the grounds and facts by which it is claimed that grounds for appeal exist under Subsection A and must be filed through the Director of Human Resources to the Merit Board by 5:00 p.m. on the seventh (7th) calendar day after the date of delivery to the employee of notice of rejection. C. The Merit Board shall consider the appeal, and if it finds probable cause to believe that the rejection may have been based on grounds prohibited in Subsection A, it may refer the matter to a Hearing Officer for hearing, recommended findings of fact, conclusions of law and decision, pursuant to the relevant provisions of the Merit Board rules in which proceedings the rejected probationer has the burden of proof. D. If the Merit Board finds no probable cause for a hearing, it shall deny the appeal. If, after hearing, the Merit Board upholds the appeal, it shall direct that the appellant be reinstated in the position and the appellant shall begin a new July 12, 2016 Contra Costa County Board of Supervisors 253 probationary period unless the Merit Board specifically reinstates the former period. 20.6 Regular Appointment. The regular appointment of a probationary employee will begin on the day following the end of the probationary period. A probationary employee may be rejected at any time during the probation period without regard to the Skelly provisions of this Memorandum, without notice and without right of appeal or hearing, except as provided in Section 20.5.A. Notwithstanding any other provisions of the MOU, an employee rejected during the probation period from a position in the Merit System to which the employee had been promoted or transferred from an eligible list, shall be restored to a position in the department from which the employee was promoted or transferred. An employee dismissed for other than disciplinary reasons within six (6) months after being promoted or transferred from a position in the Merit System to a position not included in the Merit System shall be restored to a position in the classification in the department from which the employee was promoted or transferred. A probationary employee who has been rejected or has resigned during probation shall not be restored to the eligible list from which the employee was certified unless the employee receives the affirmative recommendation from the appointing authority and is certified by the Director of Human Resources whose decision is final. The Director of Human Resources shall not certify the name of a person restored to the eligible list to the same appointing authority by whom the person was rejected from the same eligible list, unless such certification is requested in writing by the appointing authority. 20.7 Layoff During Probation. An employee who is laid off during probation, if reemployed in the same class by the same department, shall be required to complete only the balance of the required probation. If reemployed in another department or in another classification, the employee shall serve a full probationary period. An employee appointed to a permanent position from a layoff or reemployment list is subject to a probation period if the position is in a department other than the department from which the employee separated, displaced, or voluntarily demoted in lieu of layoff. An appointment from a layoff or reemployment list is not subject to a probation period if the position is in the department from which the employee separated, displaced or voluntarily demoted in lieu of layoff. 20.8 Rejection During Probation of Layoff Employee. An employee who has achieved permanent status in the class before layoff and who subsequently is appointed from the layoff list and then rejected during the probation period shall be automatically restored to the layoff list, unless discharged for cause, if the person is within the period of layoff eligibility. The employee shall begin a new probation period of subsequently certified and appointed in a different department or classification than that from which the employee was laid off. July 12, 2016 Contra Costa County Board of Supervisors 254 SECTION 21 - PROMOTION 21.1 Competitive Exam. Promotion shall be by competitive examination unless otherwise provided in this MOU. 21.2 Promotion Policy. The Director of Human Resources, upon request of an appointing authority, shall determine whether an examination is to be called on a promotional basis. 21.3 Open Exam. If an examination for one of the classes represented by the Union is proposed to be announced on an Open only basis the Director of Human Resources shall give five (5) days prior notice of such proposed announcement and shall meet at the request of the Union to discuss the reasons for such open announcement. 21.4 Promotion via Reclassification Without Examination. Notwithstanding other provisions of this Section, an employee may be promoted from one classification to a higher classification and his/her position reclassified at the request of the appointing authority and under the following conditions: A. An evaluation of the position(s) in question must show that the duties and responsibilities have significantly increased and constitute a higher level of work. B. The incumbent of the position must have performed at the higher level for six (6) months. C. The incumbent must meet the minimum education and experience requirements for the higher class. D. The action must have approval of the Director of Human Resources. E. The Union approves such action. The appropriate rules regarding probationary status and salary on promotion are applicable. 21.5 Requirements for Promotional Standing. In order to qualify for an examination called on a promotional basis, an employee must have probationary or per- manent status in the merit system and must possess the minimum qualifications for the class. Applicants will be admitted to promotional examinations only if the requirements are met on or before the final filing date. If an employee who is qualified on a promotional employment list is separated from the merit system, except by layoff, the employee's name shall be removed from the promotional list. 21.6 Seniority Credits. Employees who have qualified to take promotional examinations and who have earned a total score, not including seniority credits, of seventy (70) percent or more, shall receive, in addition to all other credits, five one- hundredths of one percent (.05%) for each completed month of service as a permanent County employee continuously preceding the final date for filing application for said July 12, 2016 Contra Costa County Board of Supervisors 255 examination. For purposes of seniority credits, leaves of absence shall be considered as service. Seniority credits shall be included in the final percentage score from which the rank on the promotional list is determined. No employee, however, shall receive more than a total of five percent (5%) credit for seniority in any promotional examination. 21.7 Release Time for Physical Examination. County employees who are required as part of the promotional examination process to take a physical examination shall do so on County time at the County’s expense. 21.8 Release Time for Examinations. Permanent employees will be granted reasonable time from work without loss of pay to take County examinations or to go to interviews for a County position provided the employees give the Department sufficient notice of the need for time off. “Reasonable” release time shall include time for travel and interviewing/testing. SECTION 22 - TRANSFER & REASSIGNMENT 22.1 Transfer Conditions. The following conditions are required in order to qualify for transfer: A. The position shall be in the same class, or if in a different class shall have been determined by the Director of Human Resources to be appropriate for transfer on the basis of minimum qualifications and qualifying procedure. B. The employee shall have permanent status in the merit system and shall be in good standing. C. The appointing authority or authorities involved in the transaction shall have indicated their agreement in writing. D. The employee concerned shall have indicated agreement to the change in writing. E. The Director of Human Resources shall have approved the change. Notwithstanding the foregoing, transfer may also be accomplished through the regular appointment procedure provided that the individual desiring transfer has eligibility on a list for a class for which appointment is being considered. 22.2 Transfer Policy. Any employee or appointing authority who desires to initiate a transfer may inform the Director of Human Resources in writing of such desire stating the reasons therefore. The Director of Human Resources shall if he or she considers that the reasons are adequate and that the transfer will be for the good of the County service and the parties involved, inform the appointing authority or authorities concerned and the employee of the proposal and may take the initiative in accomplishing the transfer. July 12, 2016 Contra Costa County Board of Supervisors 256 22.3 Voluntary Reassignment (Bidding) Procedure. Permanent employees may request reassignment to vacant permanent positions in the same classification or in the same level of their deep classification. All permanent vacancies will be offered for bid to presently assigned full-time, part-time and permanent-intermittent employees for reassignment. Nothing herein precludes the making of temporary reassignments not entailing the filling of vacant permanent positions. The following procedures shall apply: A. Responsibility. Implementation of the reassignment procedure is the responsibility of the supervisor of the position which is vacant. B. Vacancy Notices Posted. Vacant position notices for positions which are to be filled shall be posted for seven (7) calendar days. The notice shall specify job characteristics including the specific hours and days of work, noting that the hours and days of work are subject to change as provided for by the MOU and shall be posted only once. The supervisor may begin interviewing bidders immediately upon posting the bid notice. If the supervisor receives less than three (3) bidders, he or she may fill the position by using the Merit System eligible list or by making internal reassignments. For purposes of this procedure, a bidder is an employee in the same class who is eligible to bid under Section d, following, and who meets all the minimum qualifications for the position including any specialized requirements such as bilingual ability, position flag requirements, and who submits a bid on the position. C. All Vacancies Must be Posted. All vacant positions which may occur by creation of new positions, separation, promotion, demotion or reassignment must be posted for permanent employee bidding. D. Who May Request Reassignment. All permanent full-time, permanent part-time or permanent-intermittent employees may request reassignment to any open permanent position in the same classification or in the same level of a deep classification anywhere else in their Department. E. Who May Not Request Reassignment. Employees who are in a temporary status may not bid for reassignment under this procedure. F. Employee Selection. If three (3) or more employees bid on the position, the position shall be filled from among the three (3) most senior bidders. For the purposes of bidder selection, the "Rule of 3" shall apply. That is, the supervisor is entitled to select from three (3) candidates and the three (3) most senior may be considered as equal. Seniority for bidding purposes means classification seniority for layoff purposes. If two (2) employees bid, the supervisor shall be entitled to one (1) additional name from an eligible list. If one (1) employee bids, the supervisor shall be entitled to two (2) additional names from an eligible list. If no employees bid, the supervisor may fill the position from an eligible list or otherwise in accordance with the Personnel Management Regulations. July 12, 2016 Contra Costa County Board of Supervisors 257 The supervisor shall offer to interview all candidates either in person or on the telephone. Subsequent to submitting a bid, an employee may waive consideration for the position at any time by notifying the supervisor verbally or in writing in which case the next most senior bidder (if any) or candidate from the eligible list may be considered. The remaining active bidders will be advised within ten (10) work days after the posting is removed whether they have been selected or the status of their bid. If requested by the employee, supervisors shall give an employee in writing the reason(s) why he or she was not selected. G. No Old Job Claim. The selected employee shall have no claim on the job(s) he or she left. If a decision is made by the employee to seek immediate reassignment, the employee may only be placed in another vacant position in accordance with this policy. H. Bidding While on Leave. Employees interested in a particular assignment and wishing to be notified of an open position while on vacation, sick leave or leave of absence (not scheduled day off) may leave a written notice or a self-addressed, stamped envelope with the supervisor of the position they are interested in. I. Probationary and New Assignment Bidding. Employees who are on probation or who have been in a new work assignment for less than three (3) months, may bid for a vacant position which is open. The bid will be considered if, when bidding is closed, there are less than three (3) employees who are not on probation or in new assignments who have bid for the position. Bids from employees on probation or in new assignments will be in addition to any names referred to the department through the certification process described in Section 22.3.F - Employee Selection, above. 22.4 Involuntary Reassignment Procedure. Except in the case of layoffs where Section 22.5 – Reassignment Due to Layoff or Displacement governs, department management, at its sole discretion, may determine from time to time that involuntary reassignments of staff are required. Involuntary reassignments are the reassignments of permanent employees in their existing classification to a new worksite, shift, or program area. Such decisions may result from inability to fill a vacancy through the voluntary reassignment procedure or from a determination that excess staff are allocated to a certain site, shift, or program. When such decisions are made and the reassignments are permanent, the below listed procedure shall apply. This policy shall not apply to temporary reassignments of less than eight (8) weeks duration to cover such things as vacation relief, sick leave absences, temporary shifts in workload, training assignments, or temporary short term assignments to cover vacant positions which could not be filled through the voluntary reassignment policy and for which actions are underway to fill permanent from an eligible list. If a temporary reassignment is expected to exceed eight (8) weeks in duration, the affected Department shall either use the below listed procedure or will meet and confer with the Union on a case by case basis regarding an alternative approach: A. Management will identify the classifications and positions from which reassignments are necessary. July 12, 2016 Contra Costa County Board of Supervisors 258 B. Affected employees will be provided with a list of vacancies/ assignments for which they may apply. C. Affected employees shall be given the opportunity to volunteer for the available vacancies/assignments and shall be considered in accordance with Part f. of the voluntary reassignment procedure. D. If there are insufficient volunteers for the number of available positions or no volunteers, and involuntary reassignments are still required, the least senior qualified affected employee shall be reassigned to the vacant assignment identified by management, followed by the next least senior employee, and so on in inverse order of seniority until all necessary reassignments are completed. Qualified is defined as a person possessing the necessary training or experience for the specific assignment. Seniority for involuntary reassignment purposes shall be defined as seniority within classification. Nothing contained in this Section shall prohibit the Department and the Union from making a mutually agreed upon alternative arrangement. In no event shall reassignments be utilized for disciplinary purposes. 22.5 Reassignment Due to Layoff or Displacement. When reassignment of an employee or employees is necessary due to layoff or displacement, the following procedures shall be followed: A. A list of vacant positions shall be posted in work areas of all affected employees for a minimum of five (5) work days. B. Employees shall be given the opportunity to volunteer for vacancies and shall be reassigned on the basis of seniority. C. If there are no volunteers for reassignment, the least senior employee(s) in that class shall be reassigned. D. Management shall have the sole prerogative to select the vacancy to which the least senior employee(s) shall be reassigned. Seniority for reassignment purposes shall be defined as (in Section II, Layoff) seniority within classification. If reduction or reassignment by site is necessary, the least senior employee in the affected class at the site shall be reassigned. If reduction or reassignment is necessary by shift, the least senior employee in the affected class assigned to the affected shift shall be reassigned. Nothing contained in this Section shall prohibit a Department and the Union from making a mutually agreed upon alternative arrangement. July 12, 2016 Contra Costa County Board of Supervisors 259 SECTION 23 - RESIGNATIONS An employee's voluntary termination of service is a resignation. Written resignations shall be forwarded to the Human Resources Department by the appointing authority immediately on receipt, and shall indicate the effective date of termination. Oral resignation shall be immediately confirmed by the appointing authority in writing to the employee and to the Human Resources Department and shall indicate the effective date of termination. 23.1 Resignation in Good Standing. A resignation giving the appointing authority written notice at least two (2) weeks in advance of the last date of service (unless the appointing authority requires a longer period of notice, or consents to the employee's terminating on shorter notice) is a resignation in good standing. 23.2 Constructive Resignation. A constructive resignation occurs and is effective when: A. An employee has been absent from duty for five (5) consecutive working days without leave; and B. Five (5) more consecutive work days have elapsed since the County mailed a notice of resignation by the appointing authority to the employee at the employee's last known address. C. The letter to the employee will include a document that gives the employee the option of authorizing the County to provide his/her union with a copy of the constructive resignation letter. If the employee signs the authorization document and returns it to the appointing authority, the appointing authority will thereafter, within one work day, provide a copy of the constructive resignation letter to the employee’s union, as authorized. 23.3 Effective Resignation. A resignation is effective when delivered or spoken to the appointing authority, operative on that date or another date specified. An employee who resigns without advance notice as set forth in Section 23.1 - Resignation in Good Standing, may seek recession of the resignation and reinstatement by delivering an appeal in writing to the Human Resources not later than close of business on the third (3rd) calendar day after the resignation is effective. Within five (5) work days of receipt of the appeal, the Human Resources Director shall consider the appeal and render a final and binding decision including, if applicable, the date of reinstatement. 23.4 Revocation. A resignation that is effective is revocable only by written concurrence of the employee and the appointing authority. 23.5 Coerced Resignations. A. Time Limit. A resignation which the employee believes has been coerced by the appointing authority may be revoked within seven (7) calendar days after its July 12, 2016 Contra Costa County Board of Supervisors 260 expression, by serving written notice on the Director of Human Resources and a copy to the appointing authority. B. Reinstatement. If the appointing authority acknowledges that the employee could have believed that the resignation was coerced, it shall be revoked and the employee returned to duty effective on the day following the appointing authority's acknowledgment without loss of seniority or pay. C. Contest. Unless, within seven (7) days of the receipt of the notice, the appointing authority acknowledges that the resignation could have been believed to be coerced, this question should be handled as an appeal to the Merit Board. In the alternative, the employee may file a written election with the Director of Human Resources waiving the employee's right of appeal to the Merit Board in favor of the employee's appeal rights under the grievance procedure contained in Section 25 of the MOU beginning with Step 3. D. Disposition. If a final decision is rendered that determines that the resignation was coerced, the resignation shall be deemed revoked and the employee returned to duty effective on the day following the decision but without loss of seniority or pay, subject to the employee's duty to mitigate damages. SECTION 24 - DISMISSAL, SUSPENSION, TEMPORARY REDUCTION IN PAY, AND DEMOTION 24.1 Sufficient Cause for Action. The appointing authority may dismiss, suspend, temporarily reduce the pay of, or demote any employee for cause. The reduction in pay may not exceed five percent (5%) for a three (3) month period. The following are sufficient causes for such action; the list is indicative rather than inclusive of restrictions and dismissal, suspension or demotion may be based on reasons other than those specifically mentioned: A. Absence without leave. B. Conviction of any criminal act involving moral turpitude. C. Conduct tending to bring the merit system into disrepute. D. Disorderly or immoral conduct. E. Incompetence or inefficiency. F. Insubordination. G. Being at work under the influence of liquor or drugs, carrying onto the premises liquor or drugs or consuming or using liquor or drugs during work hours and/or on County premises. July 12, 2016 Contra Costa County Board of Supervisors 261 H. Neglect of duty (i.e. non-performance of assigned responsibilities). I. Negligent or willful damage to public property or waste of public supplies or equipment. J. Violation of any lawful or reasonable regulation or order given by a supervisor or Department Head. K. Willful violation of any of the provisions of the merit system ordinance or Personnel Management Regulations. L. Material and intentional misrepresentation or concealment of any fact in connection with obtaining employment. M. Misappropriation of County funds or property. N. Unreasonable failure or refusal to undergo any physical, medical and/or psychiatric exam and/or treatment authorized by this MOU. O. Dishonesty or theft. P. Excessive or unexcused absenteeism and/or tardiness. Q. Sexual harassment, including but not limited to unwelcome sexual advances, requests for sexual favors, and other verbal, or physical conduct of a sexual nature, when such conduct has the purpose or effect of affecting employment decisions concerning an individual, or unreasonably interfering with an individual's work performance, or creating an intimidating and hostile working environment. 24.2 Skelly Requirements. Before taking a disciplinary action to dismiss, suspend for more than three (3) work days, temporarily reduce the pay of, or demote an employee, the appointing authority shall cause to be served personally or by certified mail, on the employee, a Notice of Proposed Action, which shall contain the following: A. A statement of the action proposed to be taken. B. A copy of the charges; including the acts or omissions and grounds upon which the action is based. C. If it is claimed that the employee has violated a rule or regulation of the County, department or district, a copy of said rule shall be included with the notice. D. A statement that the employee may review and request copies of materials upon which the proposed action is based. E. A statement that the employee has seven (7) calendar days to respond to the appointing authority either orally or in writing. July 12, 2016 Contra Costa County Board of Supervisors 262 In addition to the Notice of Proposed Action, the appointing authority will serve the employee with a document that gives the employee the option of authorizing the County to provide his/her union with a copy of the Notice of Proposed Action. If the employee signs the authorization document and returns it to the appointing authority, the appointing authority will thereafter, within one work day, provide a copy of the employee’s Notice of Proposed Action to his/her union, as authorized. In addition to the Order and Notice, the appointing authority will serve the employee with a document that gives the employee the option of authorizing the County to provide his/her union with a copy of the Order and Notice. If the employee signs the authorization document and returns it to the appointing authority, the appointing authority will thereafter, within one work day, provide a copy of the employee’s Order and Notice to his/her union, as authorized. 24.3 Employee Response. The employee upon whom a Notice of Proposed Action has been served shall have seven (7) calendar days to respond to the appointing authority either orally or in writing before the proposed action may be taken. Upon request of the employee and for good cause, the appointing authority may extend in writing the period to respond. If the employee's response is not filed within seven (7) days or during an extension, the right to respond is lost. 24.4 Leave Pending Employee Response. Pending response to a Notice of Proposed Action within the first seven (7) days or extension thereof, the appointing authority for cause specified in writing may place the employee on temporary leave of absence, with pay. 24.5 Length of Suspension. Suspensions without pay shall not exceed thirty (30) days unless ordered by an arbitrator, an adjustment board or the Merit Board. 24.6 Procedure on Dismissal, Suspension, Temporary Reduction in Pay, or Demotion. A. In any disciplinary action to dismiss, suspend, temporarily reduce the pay of, or demote an employee having permanent status in a position in the merit system, after having complied with the Skelly requirements where applicable, the appointing authority shall make an order in writing stating specifically the causes for the action. B. Service of Order. Said order of dismissal, suspension, temporary reduction in pay, or demotion shall be filed with the Director of Human Resources, showing by whom and the date a copy was served upon the employee to be dismissed, suspended, temporarily reduced in pay, or demoted, either personally or by certified mail to the employee's last known mailing address. The order shall be effective either upon personal service or deposit in the U.S. Postal Service. C. Employee Appeals from Order. The employee may appeal an order of dismissal, suspension, temporary reduction in pay, or demotion either to the Merit Board or July 12, 2016 Contra Costa County Board of Supervisors 263 through the procedures of Section 25 - Grievance Procedure of this MOU provided that such appeal is filed in writing with the Director of Human Resources within ten (10) calendar days after service of said order. An employee may not both appeal to the Merit Board and file a grievance under Section 25 of this MOU. 24.7 Employee Representation Rights. The County recognizes an employee’s right to representation during an investigatory interview or meeting which may result in discipline. The County shall not interfere with the representative’s right to assist an employee to clarify the facts during the interview. If the employee requests a union representative, the investigatory interview shall be temporarily recessed for a reasonable period of time until a union representative can be present. For those interviews, which by nature of the incident must take place immediately, the union will take all reasonable steps to make a union representative immediately available. The employer shall inform the employee of the general nature of the investigation at the time the employer directs the employee to be interviewed. 24.8 Timely Progressive Discipline. The parties agree that timely progressive discipline promotes changes in behavior. The County agrees to notify the employee of any incident giving rise to a disciplinary action as soon after the incident as is reasonably possible. SECTION 25 - GRIEVANCE PROCEDURE 25.1 Definition and Procedure. A grievance is any dispute which involves the interpretation or application of any provision of this MOU excluding, however, those provisions of this MOU which specifically provide that the decision of any County official shall be final, the interpretation or application of those provisions not being subject to the grievance procedure. The Union may represent the grievant at any stage of the process. Grievances must be filed within thirty (30) calendar days of the incident or occurrence about which the grievant claims to have a grievance. Discipline appeals utilizing the grievance procedure must be filed within the timeframe set forth in Section 24.6 – Procedure on Dismissal, Suspension, or Demotion. Grievances will be processed in the following manner: Step 1. Any employee or group of employees who believes that a provision of this MOU has been misinterpreted or misapplied to his or her detriment shall discuss the complaint with the grievant's immediate supervisor or designee, who shall meet with the grievant within five (5) work days of receipt of a written request to hold such meeting. Grievances challenging suspensions, reductions in pay, demotions and terminations may be filed at Step 3 within the time frame set forth above. Step 2. If a grievance is not satisfactorily resolved in Step 1 above, the grievant may submit the grievance in writing within ten (10) work days to such management official as the Department Head may designate. This formal written grievance shall state which July 12, 2016 Contra Costa County Board of Supervisors 264 provision of the MOU has been misinterpreted or misapplied, how misapplication or misinterpretation has affected the grievant to the grievant's detriment, and the redress he or she seeks. A copy of each written communication on a grievance shall be filed with the Employee Relations Officer. The Department Head or his or her designee shall have ten (10) work days in which to respond to the grievance in writing. If either the union or grievant request a meeting with the Department Head or his/her designee at this step, such a meeting will be held. Step 3. If a grievance is not satisfactorily resolved in Step 2 above, the union may appeal in writing within ten (10) work days to the Employee Relations Officer. The Employee Relations Officer or his/her designee shall have twenty (20) work days in which to investigate the merits of the complaint and to meet together at the same time with the Department Head or his/her designee, the grievant, and the union. For grievances involving interpretation of this MOU, the Employee Relations Officer or his/her designee will decide the grievance on its merits and provide the grievant, the union, and the Department with a written decision within fifteen (15) workdays of the date of the Step 3 Meeting, unless more time is granted by mutual agreement. For grievances involving appeals from disciplinary action, the Employee Relations Officer or designee will attempt to resolve the grievance. In the event that the grievance is not settled, the Employee Relations Officer or designee will provide written notice of that fact to the grievant, the Union, and the Department within twenty (20) work days of the date of the Step 3 meeting, unless more time is granted by mutual agreement. Step 4 Mediation. Grievances regarding discipline involving suspensions, demotions, or reduction in pay will proceed directly to Step 5 - Expedited Board of Adjustment, at the request of the Union. No grievance may be processed under this section which has not first been filed and investigated in accordance with Step 3 above. If the parties are unable to reach a mutually satisfactory accord on any grievance that is presented at Step 3, the union may appeal the grievance and request mediation in writing to the Employee Relations Officer or designee within ten (10) work days of the date of the written response at Step 3. This step of the grievance procedure may be waived by the written mutual agreement of the parties. Step 5 Arbitration. If the parties are unable to reach a resolution of the grievance at Step 4, either the Union or the County, whichever is the moving party, may require that the grievance, except those referred to in Section 25.2 below, be referred to an impartial arbitrator who shall be designated by mutual agreement between the Union and the Employee Relations Officer. Such request shall be submitted within twenty (20) work days of the completion of mediation at Step 4. Within twenty (20) work days of the request for arbitration the parties shall mutually select an arbitrator who shall render a decision within thirty (30) work days from the date of final submission of the grievance including receipt of the court reporter's transcript and post-hearing briefs, if any. The fees and expenses of the arbitrator and of the Court Reporter shall be shared equally by the Union and the County. Each party, however, shall bear the costs of its own presentation, including preparation and post hearing briefs, if any. July 12, 2016 Contra Costa County Board of Supervisors 265 25.2 Step 5. Expedited Board of Adjustment. If the County and the Union are unable to reach a mutually satisfactory accord on any grievance of discipline involving suspensions, demotions, or reduction in pay that arises and is presented during the term of this MOU, such grievance may be submitted to the Expedited Board of Adjustment (EBA) in writing in accordance with the procedures below. No grievance may be processed under this Section that has not first been filed and processed in accordance with Step 3 of the Grievance Procedure and delivered to the Employee Relations Officer within ten (10) work days of the date of the Step 3 written response by the Employee Relations Officer or his/her designee. By agreement of the Union and the Employee Relations Officer or his/her designee, grievances concerning contract interpretation may also be presented to the EBA. All grievances submitted to the EBA will be resolved in accordance with the following procedures: Expedited Board of Adjustment (EBA) A. The EBA will be composed of two (2) union representatives from Teamsters, Local 856, no more than one (1) of whom may be an employee of the County, two (2) management members named by the County, and an impartial arbitrator. The Union and the County will each appoint three (3) alternates who will serve as the voting members of the Board if a member(s) is/are not available. A Union Alternate will serve as the voting member when the appointed Union Board member is from the same Union as the grievant and a County Alternate will serve as a voting member when a County Board member is from the same Department as the grievant. Each Board member will serve for a twelve (12) month term except that one member and one alternate initially appointed will serve a six (6) month term so that Board member terms are staggered. B. The County and the Union (hereafter “parties”) will choose an impartial arbitrator to serve as the fifth (5) member of the EBA and serve as a tie-breaker when the EBA is deadlocked. The parties will select the Arbitrator by forwarding a list of individuals acceptable to a party to the other party. The parties will continue this process until an impartial arbitrator is selected. The Arbitrator will serve a one year term, or longer, as agreed to by the parties in writing. However, the Arbitrator may be replaced at any time by agreement between the parties. The Arbitrator will render an immediate decision if the Board is deadlocked. All decisions rendered by the EBA are final and binding upon the Employer, the Union, and the employee, to the extent provided by law. C. Decisions rendered by the EBA must be within the scope of, and may not vary from, the express written terms of this Memorandum of Understanding. D. The Union and the County will each pay one-half (1/2) of the arbitrator’s fees and costs. If a majority of the EBA approves the services of a court reporter and/or other special services, the Union and the County will each pay one-half (1/2) of such expenses. July 12, 2016 Contra Costa County Board of Supervisors 266 Procedures A. The EBA will convene on the fourth (4th) Wednesday of each month unless otherwise scheduled by mutual agreement. B. The EBA will develop and adopt written rules of procedure to govern the conduct of hearings by a majority vote. C. Unless the EBA agrees otherwise by majority action, it will remain in session until all grievances on the agenda have been heard. D. All grievances that are received by the Employee Relations Officer at least ten (10) working days prior to the next scheduled session of the EBA will be placed on the agenda for the next regular meeting. By majority vote, the EBA may upon request of the Union or the County, waive this provision. E. Upon the request of the Union or the County, a continuance of a grievance will be granted until the next session. F. Licensed Attorneys will not participate as Board members, advocates, or advisors in Board hearings unless the attorney is also a union business agent or Labor Relations staff. G. Meetings will be convened at a central location agreed to by the Union and the County. H. Materials to be presented at the EBA will not be shared with the Board members in advance of convening the Board. 25.3 Scope of Arbitration Decisions, and Expedited Board of Adjustment. A. Decisions of Arbitrators and the Expedited Board of Adjustment, on matters properly before them, are final and binding on the parties hereto, to the extent permitted by law. B. No Arbitrator or Expedited Board of Adjustment may entertain, hear, decide or make recommendations on any dispute unless such dispute involves a position in a unit represented by the Union which has been certified as the recognized employee organization for such unit and under such dispute falls within the definition of a grievance as set forth in Subsection 25.1 above. C. Proposals to add to or change this MOU or to change written agreements supplementary hereto shall not be arbitrable and no proposal to modify, amend, or terminate this MOU, nor any matter or subject arising out of or in connection with such proposals, may be referred to arbitration under this Section. No Arbitrator or Expedited Board of Adjustment has the power to amend or modify this MOU or written agreements supplementary hereto or to establish any new terms or conditions of employment. D. If the Employee Relations Officer, pursuant to the procedures outlined in Step 3 above or Step 4 above resolves a grievance which involves suspension or discharge, they may agree to payment for lost time or to reinstatement with or without payment for lost time. July 12, 2016 Contra Costa County Board of Supervisors 267 E. No change in this MOU or interpretations thereof (except interpretations resulting from arbitration or Expedited Board of Adjustment proceedings hereunder) will be recognized unless agreed to by the County and the Union. 25.4 Time Limits. The time limits specified above may be waived by mutual agreement of the parties to the grievance. If the County fails to meet the time limits specified in Steps 1 through 3 above, the grievance will automatically move to the next step. If a grievant fails to meet the time limits specified in Steps 1 through 5 above, the grievance will be deemed to have been settled and withdrawn. 25.5 Union Notification. An official, with whom a formal grievance is filed by a grievant who is included in a unit represented by the Union, but is not represented by the Union in the grievance, shall give the Union a copy of the formal presentation. 25.6 Compensation Complaints. All complaints involving or concerning the payment of compensation shall be initially filed in writing with the Employee Relations Officer. Only complaints which allege that employees are not being compensated in accordance with the provisions of this MOU shall be considered as grievances. Any other matters of compensation not detailed in the MOU shall be deemed withdrawn until the MOU is next opened for such discussion. No adjustment shall be retroactive for more than six (6) months from the date upon which the complaint was filed. 25.7 Strike/Work Stoppage. During the term of this MOU, the Union, its members and representatives, agree that it and they will not engage in, authorize, sanction, or support any strike, slowdown, stoppage of work, sick-out, or refusal to perform customary duties. In the case of a legally declared lawful strike against a private or public sector employer which has been sanctioned and approved by the labor body or council having jurisdiction, an employee who is in danger of physical harm shall not be required to cross the picket line, provided the employee advises his or her supervisor as soon as possible, and provided further that an employee may be required to cross a picket line where the performance of his or her duties is of an emergency nature and/or failure to perform such duties might cause or aggravate a danger to public health or safety. 25.8 Merit Board. A. All Grievances of employees in representation units represented by the Union shall be processed under Section 25 unless the employee elects to apply to the Merit Board on matters within its jurisdiction. B. No action under Steps 3, 4 and 5 of Subsection 25.1 - Definition and Procedure and Step 5 of Subsection 25.2 - Step 5 - Expedited Board of Adjustment above shall be taken if action on the complaint or grievance has been taken by the Merit Board, or if the complaint or grievance is pending before the Merit Board. 25.9 Filing by Union. The Union may file a grievance at Step 3 on behalf of affected employees when action by the County Administrator or the Board of Supervisors violates a provision of this MOU. July 12, 2016 Contra Costa County Board of Supervisors 268 SECTION 26 - BILINGUAL PAY A salary differential of one hundred dollars ($100.00) per month shall be paid incumbents of positions requiring bilingual proficiency as designated by the appointing authority and Director of Human Resources. Said differential shall be paid to eligible employees in paid status for any portion of a given month. Designation of positions for which bilingual proficiency is required is the sole prerogative of the County. The Union shall be notified when such designations are made. SECTION 27 – RETIREMENT CONTRIBUTION 27.1 Contribution. Effective on January 1, 2012 employees are responsible for the payment of one hundred percent (100%) of the employees’ basic retirement benefit contributions determined annually by the Board of Retirement of the Contra Costa County Employees’ Retirement Association without the County paying any part of the employees’ contribution. Employees are also responsible for the payment of the employees' contributions to the retirement cost of living program as determined annually by the Board of Retirement without the County paying any part of the employees’ contributions. The County is responsible for one hundred percent (100%) of the employer’s retirement contributions determined annually by the Board of Retirement. 27.2 Retirement Benefit - Non-Safety Employees who become New Members of CCCERA on or after January 1, 2013. A. For non-safety employees who, under PEPRA, become New Members of the Contra Costa County Employees Retirement Association (CCCERA) on or after January 1, 2013, retirement benefits are governed by the California Public Employees Pension Reform Act of 2013 (PEPRA), (Chapters 296, 297, Statutes of 2012). To the extent this Agreement conflicts with any provision of PEPRA, PEPRA will govern. B. For employees hired by the County after June 30, 2014, who, under PEPRA, become New Members of CCCERA, the cost of living adjustment to the retirement allowance will not exceed two percent (2%) per year, and the cost of living adjustment will be banked. C. For employees who, under PEPRA, become New Members of CCCERA, the disability provisions are the same as the current Tier III disability provisions. D. The County will seek legislation amending the County Employees Retirement Law of 1937 to clarify that the current Tier III disability provisions apply to non- safety employees who, under PEPRA, become New Members of CCCERA. The Union will support the legislation. July 12, 2016 Contra Costa County Board of Supervisors 269 27.3 Safety Employees Retirement. A. Tier A Safety Retirement Benefit – Employees who become CCCERA members on or before December 31, 2012: 1. Retirement Benefit. For County employees covered by this Agreement who become members of Contra Costa County Employees Retirement Association (CCCERA) on or before December 31, 2012, who are designated by CCCERA as Safety Members, the retirement formula “3 percent at 50" applies. The cost of living adjustment (COLA) to the retirement allowances of these employees will not exceed three percent (3%) per year. The final compensation of these employees will be calculated based on a twelve (12) month salary average. This retirement benefit is known as “Tier A.” 2. Subsection A, subpart (1) above, applies to employees who, under PEPRA, become reciprocal members of CCCERA, as determined by CCCERA. B. Safety Retirement Benefit – Employees who become New Members of CCCERA on or after January 1, 2013. 1. For employees who, under PEPRA, become New Members of CCCERA on or after January 1, 2013, retirement benefits are governed by the California Public Employees Pension Reform Act of 2013 (PEPRA), (Chapters 296, 297, Statutes of 2012). To the extent this Agreement conflicts with any provision of PEPRA, PEPRA will govern. 2. PEPRA Safety Option Plan Two (2.7% @ 57) applies to employees who, under PEPRA, become New Members of CCCERA. For these employees, hired by the County after June 30, 2014, the cost of living adjustment to the retirement allowance will not exceed two percent (2%) per year and the cost of living adjustment will be banked. SECTION 28 - TRAINING REIMBURSEMENT The County Administrative Bulletin on Training shall govern reimbursement for training and shall limit reimbursement for career development training to seven hundred fifty dollars ($750) per year, except as otherwise provided in the supplemental sections of this MOU. Registration and tuition fees for career development education may be reimbursed for up to fifty percent (50%) of the employee’s net cost. Books necessary for courses taken for career development education may be reimbursed for up to one hundred percent (100%) of the employee’s net cost. July 12, 2016 Contra Costa County Board of Supervisors 270 SECTION 29 - SAFETY SHOES AND PRESCRIPTION SAFETY EYEGLASSES For each two year period starting January 1, 2016, eligible employees will be allowed reimbursement for the purchase and repair of safety shoes, and the purchase of toe guards, replacement footbeds, or soles, up to a maximum of two hundred and seventy- five dollars ($275). There is no limitation on the number of shoes, toe guards, or soles, or number of repairs allowed. The County will provide those employees currently eligible for safety shoe allowance with two (2) methods for purchasing safety shoes: A. Reimbursement for the purchase and repair of safety shoes up to the maximum amount stated above for each two (2) year period. B. Voucher obtained from the eligible employees’ Department for an identified vendor for the purchase of safety shoes up to the maximum amount stated above for each two (2) year period. C. The County agrees to provide a second vendor for the purchase of safety shoes. The County will endeavor to secure Red Wings as the second vendor and to identify two locations where the shoes may be obtained by voucher. The eligible employee will inform his/her Department’s accounting section of the desired method for purchasing safety shoes at the beginning of each calendar year. When an employee is assigned a job task that requires additional or different safety shoes, the purchase will be approved by their supervisor and the shoes will be provided or reimbursed through their department purchasing/accounting processes. The use of the safety shoe allowance will not limit the provision of additional required and approved safety shoes. The County will reimburse eligible employees for prescription safety eyeglasses which are approved by the County and are obtained from such establishment as required by the County. The maximum safety eyewear reimbursable limits for lenses will not exceed a total of fifty dollars ($50) and the maximum reimbursement for frames will not exceed a total of sixty dollars ($60). Additionally, the County will modify the current contract with Vendor to allow employees to upgrade to Featherwate Lens Types (High Impact). Any additional cost for current contract upgrades or Featherwate lens types (High Impact) upgrades that exceeds the County allowance as noted above will be borne by the employee. Eligible employee is defined as an employee requiring safety shoes and/or prescription safety eyeglasses to protect them from job task and/or environment hazards that cannot be controlled through engineering or administrative processes. When this is the case, July 12, 2016 Contra Costa County Board of Supervisors 271 personal protective equipment (PPE) is required and provided to the employee by the County, per Safety Orders and Administrative Bulletin 513. SECTION 30 - PERFORMANCE EVALUATION PROCEDURE The following procedures shall apply in those departments which already have a formal written performance evaluation system. Nothing herein shall be construed to require the establishment of such a system where it does not currently exist. A. Goal: A basic goal of the employee evaluation is to help each employee perform his/her job more effectively to the mutual benefit of the employee and the County. The evaluation process provides an ongoing means of evaluating an employee's job performance and promoting the improvement of the job performance. The evaluation process also provides the opportunity to recognize and document outstanding service as well as service that has been unsatisfactory to the County. B. Frequency of Evaluation. 1. Probationary employees shall be evaluated at least once during their probationary period. 2. Permanent employees may be evaluated every year. C. Procedure. 1. An employee shall generally be evaluated by the first level management supervisor above the employee. 2. It will be necessary in some cases for a supervisor to consult with the employee's immediate work director in order to make a comprehensive evaluation. 3. Where feasible, evaluations will be based primarily on observation by the evaluator of the employee in the performance of his/her duties. Comments based on secondary information shall have supportive documentation. 4. An employee will be informed in advance of a meeting with his/her supervisor to discuss the employee's evaluation and to put the evaluation in writing on the department evaluation forms. 5. The employee shall be informed of his/her right to prepare and have attached to the evaluation form any written comments which the employee wishes to make. July 12, 2016 Contra Costa County Board of Supervisors 272 6. When an employee is rated below satisfactory on any factor, the evaluation will give the reasons for such rating and include specific recommendations for improvement in writing. 7. The employee's signing of an evaluation form does not necessarily mean that the employee agrees with the evaluation but it does mean that the employee has had an opportunity to discuss the evaluation with his/her evaluator. 8. The employee will be given a copy of his/her completed evaluation form at the time form is signed by the employee. (Confirmation of final version to be received later.) 9. Any rating below average or unsatisfactory shall be supported by written documentation received by the employee at the time the incident(s) occurred. 10. Nothing shall be added by management to an evaluation after the employee has signed and received a copy of the evaluation without the employee’s written acknowledgment. Failure to follow the foregoing procedure is subject to the grievance procedure. However, disputes over the actual content or ratings themselves in individual evaluations are not grievable, but may be mediated by the Employee Relations Officer or his/her designee upon request of either the employee or the Department. Prior to being mediated by the Director of Human Resources, either party may request fact finding to assist in the resolution of the dispute. One (1) fact finder shall be selected by each party to the dispute within ten (10) work days from the initial request for fact finding. The fact finders shall have twenty (20) work days from notice of selection to investigate and render opinions to the Director of Human Resources. SECTION 31 - MILEAGE 31.1 Reimbursement for Use of Personal Vehicle. Procedures and definitions relative to mileage reimbursement will be in accordance with the Administrative Bulletin on Expense Reimbursement. 31.2 Charge For Use of Home Garaged County Vehicle. Employees hired after July 1, 1994 who are assigned vehicles to garage at home will be charged the IRS mileage rate for all commute miles driven outside the limits of Contra Costa County that exceed thirty (30) miles round-trip in any one day. 31.3 Commuter Benefit Program. Prior to July 1, 2017, the County will offer employees the option of enrolling in an employee-funded qualified transportation (commuter) benefit program designed to qualify for tax savings under Section 132(f) of title 26 of the Internal Revenue Code, but such savings are not guaranteed. The Commuter Benefit Program will allow employees to set aside pre-tax dollars for qualified transportation expenses to the extent and amount allowed by the Internal Revenue Service. July 12, 2016 Contra Costa County Board of Supervisors 273 SECTION 32 - PAY WARRANT ERRORS If an employee receives a pay warrant which has an error in the amount of compensation to be received and if this error occurred as a result of a mistake by the Auditor-Controller's Department, it is the policy of the Auditor-Controller's Department that the error will be corrected and a new warrant issued within forty-eight (48) hours, exclusive of Saturdays, Sundays and holidays from the time the Department is made aware of and verifies that the pay warrant is in error. If the pay warrant error has occurred as a result of a mistake by an employee (e.g. payroll clerk) other than the employee who is receiving the pay, the error will be corrected as soon as possible from the time the department is made aware that pay warrant is in error. Pay errors in employee pay shall be corrected as soon as possible as to current pay rate but that no recovery of either overpayments or underpayments to an employee shall be made retroactively except for the six (6) month period immediately preceding discovery of the pay error. This provision shall apply regardless of whether the error was made by the employee, the appointing authority or designee, the Director of Human Resources or designee, or the Auditor-Controller or designee. Recovery of fraudulently accrued over or underpayments are excluded from this section for both parties. When the County notifies an employee of an overpayment and proposed repayment schedule, the employee may accept the proposed repayment schedule or may request a meeting through the County Human Resources Department. If requested, a meeting shall be held to determine a repayment schedule which shall be no longer than three times (3) the length of time the overpayment occurred. If requested by the employee, a Union representative may be present at a meeting with management to discuss a repayment schedule in the case of overpayments to the employee. SECTION 33 - FLEXIBLE STAFFING Certain positions may be designated by the Director of Human Resources as flexibly staffed positions. Positions are generally allocated at the first level of the job series when vacated. When the position is next filled and an incumbent of one of these positions meets the minimum qualifications for the next higher level and has met appropriate competitive requirements he or she may then be promoted to the next higher classification within the job series without need of a classification study. If an operating department verifies in writing that an administrative or clerical error was made in failing to submit the documents needed to promote an employee on the first of the month when eligible, said appointment shall be made retroactive to the first of the month when eligible. An employee who is denied a promotion to a flexibly staffed position may appeal such denial to the Merit Board. July 12, 2016 Contra Costa County Board of Supervisors 274 SECTION 34 - PERSONNEL FILES An employee shall have the right to inspect and review any official record(s) relating to his or her performance as an employee or to a grievance concerning the employee which is kept or maintained by the County in the employee's personnel file in the Human Resources Department or in the employee's personnel file in their Department. The employee’s union representative, with written authorization by the employee, shall also have the right to inspect and review any official record(s) described above. The contents of such records shall be made available to the employee and/or the employee’s union representative, for inspection and review at reasonable intervals during the regular business hours of the County. Employees shall be permitted to review their personnel files at the Personnel office during their working hours. For those employees whose work hours do not coincide with the County’s business hours, management shall provide a copy of the employee’s personnel file for the employee’s review. The custodian of records will certify that the copy is a true and correct copy of the original file. The County shall provide an opportunity for the employee to respond in writing to any information which is in the employee’s personnel file about which he or she disagrees. Such response shall become a permanent part of the employee's personnel record. The employee shall be responsible for providing the written responses to be included as part of the employee's official personnel file. This section does not apply to the records of an employee relating to the investigation of a possible criminal offense, medical records and information or letters of reference. Counseling memos, which are not disciplinary in nature, are to be retained in the file maintained by the employee's supervisor or the person who issued the counseling memo and are not to be transferred to the employee's central file which is normally retained by the Human Resources Department unless such memos are subsequently used in conjunction with a disciplinary action such as a letter of reprimand. All documents pertaining to disciplinary actions shall be placed in the employee's official personnel file within five (5) work days from the time management becomes aware of the incident and has completed its investigation as to whether the employee is culpable, and shall be date stamped or dated at time of entry. This section is not intended to include supervisor's notes or reminders of specific incidents or ongoing reports such as attendance records. Generally, such investigations should be completed within thirty (30) calendar days of the date management becomes aware of the incident(s), it being understood that under certain circumstances such as the unavailability of witnesses or the possibility of a criminal act having been committed, may cause the investigation to take longer than the aforementioned thirty (30) days. Copies of written reprimands or memoranda pertaining to an employee's unsatisfactory performance, which are to be placed in the employee's personnel file, shall be given to an employee, who shall have the right to respond in writing to said documents. Letters of reprimand are subject to the grievance procedure, but shall not be processed past Step 3 unless said letters are used in a subsequent discharge, suspension or July 12, 2016 Contra Costa County Board of Supervisors 275 demotion of the employee, in which case an appeal of the letters of reprimand may be considered at the same time as the appeal of the disciplinary action. Prior to being submitted to Step 3 of the grievance procedure, either party may request fact finding to assist in the resolution of the dispute. One (1) fact finder shall be selected by each party to the dispute within ten (10) work days from the initial request for fact finding. The fact finder shall have twenty (20) work days from notice of selection to investigate and render opinions to the Employee Relations Officer or his/her designee. Copies of letters of commendation, which are to be placed in the employee's personnel file, will be given to the employee. Employees have the right to review their official personnel files, which are maintained in the Human Resources Department or by their departments. In a case involving a grievance or disciplinary action, the employee's designated representative may also review his/her personnel file with specific written authorization from the employee. The County shall supply the Union with lists of official personnel files and locations. Derogatory material in an employee's personnel file over two years old will not be used in a subsequent disciplinary action unless directly related to the action upon which the discipline is taken. Derogatory material does not include prior suspensions, demotions or dismissals for cause. SECTION 35 - SERVICE AWARDS Procedures and definitions relative to Service Awards shall be in accordance with Administrative Bulletin No. 410 - Service Recognitions and Awards. SECTION 36 - REIMBURSEMENT FOR MEAL EXPENSES Employees shall be reimbursed for meal expenses under the following circumstances and in the amount specified: A. When the employee is required by his/her Department Head to attend a meeting concerning County business or County affairs. B. When the employee is required to be out of his/her regular or normal work area during a meal hour because of a particular work assignment. C. When the employee is required to stay over to attend consecutive or continuing afternoon and night sessions of a board or commission. D. When the employee is required to incur expenses as host for official guests of the County, work as members of examining boards, official visitors, and speakers or honored guests at banquets or other official functions. E. When the employee is required to work three (3) or more hours of overtime or scheduled to work overtime with less than twenty-four (24) hours notice; in this case he or she may be reimbursed in accordance with the Administrative Bulletin on Expense Reimbursement. July 12, 2016 Contra Costa County Board of Supervisors 276 Meal costs will be reimbursed only when eaten away from home or away from the facility in the case of employees at twenty-four (24) hour institutions. SECTION 37- DETENTION FACILITY MEALS The charge for a meal purchased in a detention facility by employees represented by Teamsters, Local 856 is one dollar ($1.00) per meal. Employees assigned to a detention facility are not, however, required to purchase a meal. SECTION 38 - COMPENSATION FOR LOSS OR DAMAGE TO PERSONAL PROPERTY Claims for reimbursement must be processed in accordance with the Administrative Bulletin Number 518 - Compensation for Loss or Damage to Personal Property. SECTION 39 - UNFAIR LABOR PRACTICE Either the County or the Union may file an unfair labor practice as defined in Board of Supervisor's Resolution 81/1165 against the other. Allegations of an unfair labor practice, if not resolved in discussions between the parties within thirty (30) work days from the date of receipt, may be heard and decided by a mutually agreed upon impartial third party. SECTION 40 - HARASSMENT Harassment is any treatment of an employee which has the purpose or effect of affecting employment decisions concerning an individual, or unreasonably interfering with an individual's work performance, or creating an intimidating and hostile working environment. Such conduct includes but is not limited to unwelcome sexual advances, requests for sexual favors, and other verbal, or physical conduct of a sexual nature; arbitrary or capricious changes of assignments, or display of a hostile attitude toward an employee by a supervisor which is not justified or necessary in the proper supervision of the work of the employee. SECTION 41 - LENGTH OF SERVICE DEFINITION (For Service Awards and Vacation Accruals) The length of service credits of each employee of the County shall date from the beginning of the last period of continuous County employment (including temporary and permanent status, and absences on approved leave of absence). When an employee separates from a permanent position in good standing and within two (2) years is reemployed in a permanent County position, or is reemployed in a permanent County position from a layoff list within the period of layoff eligibility, service credits shall include all credits accumulated at time of separation, but shall not include the period of July 12, 2016 Contra Costa County Board of Supervisors 277 separation. The Director of Human Resources shall determine these matters based on the employee status records in his department. SECTION 42 - PERMANENT PART-TIME EMPLOYEE BENEFITS Permanent part-time employees receive prorated vacation and sick leave benefits. They are eligible for health, dental and life insurance benefits at corresponding premium rates providing they work at least fifty percent (50%) of full-time. If the employee works at least fifty percent (50%) of full-time, County retirement participation is also included. SECTION 43 - PERMANENT-INTERMITTENT EMPLOYEE SPECIAL PAYS & BENEFITS A. Permanent-intermittent employees are eligible for prorated vacation and sick leave benefits. B. Permanent-Intermittent employees may be eligible for certain special types of pays and benefits in addition to wages under specifically defined circumstances. A list of those special pays and benefits that are applicable to permanent- intermittent employees is included as Attachment D. If a special pay or benefit that is described in this MOU does not specifically reference permanent- intermittent employees or the special pay or benefit is not included in Attachment D, then the special pay or benefit does not apply to permanent-intermittent employees. SECTION 44 - HAZARD PAY Hazard pay is calculated at five percent (5%) of the hourly equivalent of the employee’s base rate of pay for each hour that qualifies for hazard pay. Permanent full-time and part-time, permanent intermittent, and temporary employees in the Attendant-LVN-Aide Unit, General Services and Maintenance Unit, and Health Services Unit will be paid hazard pay for those hours worked in the following organizational units: Org.# Org. Name 0451 Conservatorship 2490 Inmate Library Services 2575 Detention Transportation 2577 County Parole Program 2578 Martinez Detention 2580 West County Detention 2585 Marsh Creek Detention 2588 AB109 Program 5700 Martinez Detention Infirmary 5701 West County Detention Infirmary 5702 Juvenile Hall Nursing July 12, 2016 Contra Costa County Board of Supervisors 278 Org.# Org. Name 5710 Detention Mental Health Martinez 5711 Detention Mental Health West County 5951 Youth Mental Health 5974 West County Adult Mental Health 6313 Psychiatric Unit 6381 Psychiatric Emergency 6383 Emergency 6553 Hospital Admission Martinez 6570 Outpatient Registration Employees eligible to receive a Detention Facility Assignment Pay in Section 54 - Unit Items of this M.O.U. are not eligible to receive hazard pay under this Section. Per diem employees in the Health Services Unit will also be paid hazard pay in accordance with the requirements of this Section. SECTION 45 - LUNCH PERIOD Employees who are in a pay status during their lunch are on call during their lunch period. Employees who are not in a pay status during their lunch are on their own time during their lunch period. SECTION 46 - REST BREAKS Employees shall be entitled to a rest break for each four (4) hours of work. Scheduling of rest breaks shall be determined by management. SECTION 47 - HEALTH EXAMINATION Employees of the County who work in a Health Services Department facility may annually be required to take a Tuberculosis Skin Test. In the event that an employee had a positive reaction to a Tuberculosis Skin Test, said employee will be requested to show proof of having had two (2) negative chest x-rays at least one year apart. SECTION 48 – POSITION HOURS ADJUSTMENT Permanent-Intermittent and Permanent Part-time employees in classes represented by Teamsters, Local 856 who wish to have the hours of their position increased, must so request in writing. These requests must be received by the employee's department during the month of January and/or July for the duration of this MOU. Departments reviewing these requests will evaluate them within thirty (30) days of their receipt by considering the actual hours assigned to and worked by the employee during July 12, 2016 Contra Costa County Board of Supervisors 279 the previous six (6) months and the anticipated continuing need from their assignment on an increased basis. Those requests which are approved by the department for an increase in hours will be submitted for consideration by the County as a P300 request within an additional sixty (60) days. Nothing contained herein shall conflict with layoff/reemployment provisions. SECTION 49 - TEMPORARY EMPLOYEES 49.1 Recognition. Teamsters, Local 856 is the formally recognized employee organization for temporary employees, not including emergency appointments and retiree temporary appointments, who are employed by Contra Costa County in those classifications covered by the Memorandum of Understanding between Contra Costa County and Teamsters, 856. 49.2 Emergency appointments as defined in Section 809 of the Personnel Management Regulations, and retiree temporary appointments as provided for in Government Code, Section 31680.2, are not covered by this Memorandum of Understanding. 49.3 Agency Shop. A. All temporary employees employed in a unit represented by Teamsters, Local 856 on or after the effective date of this MOU and continuing until the termination of the MOU, shall as a condition of employment either: 1. Become and remain a member of the Union or; 2. Pay to the Union, an agency shop fee in an amount which does not exceed an amount which may be lawfully collected under applicable constitutional, statutory, and case law, which under no circumstances shall exceed the monthly dues, initiation fees and general assessments made during the duration of this MOU. It shall be the sole responsibility of the Union to determine an agency shop fee which meets the above criteria; or 3. Do both of the following: a. Execute a written declaration that the employee is a member of a bona fide religion, body or sect which has historically held a conscientious objection to joining or financially supporting any public employee organization as a condition of employment; and b. Pay a sum equal to the agency shop fee described in Section 2.2.B.2 to a non-religious, non-labor, charitable fund chosen by the employee from the following charities: Family and Children's Trust Fund, Child Abuse Prevention Council and Battered Women's Alternative. July 12, 2016 Contra Costa County Board of Supervisors 280 B. Agency Shop Deductions. 1. A current temporary employee or a new temporary employee hired into a job class represented by Teamsters, 856 shall be provided with an “Employee Authorization for Payroll Deduction” form by the Human Resources Department. Said employee shall have thirty (30) calendar days to fully execute the authorization card of his/her choice and return said form to the County Personnel Department. 2. If the form is not returned within thirty (30) calendar days, or if the Union reports that an agency shop fee has not been paid, the employee will be subject to his/her temporary appointment being ended by the Director of Human Resources. 3. The Union shall indemnify, defend and save the County harmless against any and all claims, demands, suits, orders, or judgements, or other forms of liability that arise out of or by reason of this Agency Shop Section, or action taken or not taken by the County under this Section. This includes, but is not limited to, the County’s attorney fees and costs. 4. The authorization of payroll deductions described in paragraph 49.3.B(1) above shall require the employee to agree to hold the County harmless from all claims, demands, suits or other forms of liability that may arise against the County for or on account of any deduction made from the wages of such employee. 49.4 Salary Increments Within Range. A. Increment Eligibility and Salary Review. All temporary employees shall begin accumulating a record of straight time hours worked for the purpose of a salary review to determine whether the employee shall be advanced to the next higher step, or other step as specified by deep class resolutions, in the salary range for this classification. Advancement to a higher step shall be granted only on the affirmative recommendation of the appointing authority, based on satisfactory performance by the employee. The appointing authority may recommend granting the salary increment or unconditional denial of the increment. B. Frequency of Increments. Increments within range shall not be granted more frequently than once per every 2080 straight time hours worked by a temporary employee. C. Effective Date. Step increases resulting from an approved salary review shall be effective the first of the monthly following completion of 2080 straight time hours worked and return of the salary review report to the Human Resources Department. D. New Employees. Except as otherwise permitted in deep class resolutions, temporary employees shall generally be appointed at the minimum step of July 12, 2016 Contra Costa County Board of Supervisors 281 the salary range established for the particular class to which the appointment is made. However, the Director of Human Resources may authorize an appointing authority to make a particular temporary appointment at a step above the minimum of the range. Temporary employees hired at step 1 of the salary range for their classification will be eligible for a salary review as described in 49.4.A above after completion of 1040 straight time hours worked; additional salary reviews will be after the cumulation of an additional 2080 straight time hours as described in 49.4.B above. E. No provision of this section shall be construed to make the granting of salary increments mandatory in the County. 49.5 Paid Time Off. A. Temporary employees shall begin accumulating a record of straight time hours worked. B. Based upon the accumulation of straight time hours recorded (paragraph 49.5.A above), effective the first of the month following completion of each 2080 straight time hours worked, the temporary employee shall be credited with forty (40) hours of “paid time off”. Forty (40) hours paid time off credit is the maximum amount an employee may have at any time. C. Use. Paid time off (PTO) shall not be taken until “credited” (paragraph 49.5.B above) after completion of 2080 straight time hours worked. PTO shall be taken by an employee only with the approval of his/her supervisor. D. Paid off at Separation. If a temporary employee terminates his/her County employment (separates from County service), the employee shall be paid all currently “credited” PTO hours (paragraph 49.5.B above) and, in addition, shall be paid off for that portion of PTO hours earned but not yet credited on the basis of that portion of the 2080 straight time hours worked (STHW) cumulation. The formula for the earned but not credited payoff is: STHW divided by 2080 multiplied by 40 multiplied by the current hourly pay rate at separation. 49.6 Grievance Procedure. Temporary employees covered by this Memorandum of Understanding may grieve only alleged violations of the specific terms and conditions specified in this section. 49.7 Work Hours. A. Temporary Employees. Temporary employees hired may work a maximum of 1600 hours within a department. Thereafter, that temporary may not work in that department for one year as a temporary. July 12, 2016 Contra Costa County Board of Supervisors 282 Temporary employees hired in the classifications listed below, may work a maximum of 2080 hours within the Probation Department. Thereafter, that temporary may not work in the Probation Department for one year as a temporary. IKWA Cook GK7A Custodian 1KVD Institutional Services Worker Nothing in this section shall preclude a department from terminating a temporary prior to the temporary reaching the maximum hours allowable. This Subsection A shall be inapplicable to the following classifications: Occupational Therapists - Per Diem Physical Therapists - Per Diem Temporary appointments to fill vacancies resulting from leaves of absence i.e., maternity leaves, medical leaves, Workers’ Compensation), temporary assignments for pre-specified periods and short-term, specified seasonal work, are excluded. Nothing in this agreement precludes the parties from meeting and conferring over future exceptions. B. The County may employ temporary employees in excess of 1600 hours for the following reasons: 1. To cover for employees on leaves of absence, e.g., maternity, military, medical, workers’ compensation. 2. While a department is actively recruiting to fill a position. 3. For regular recurring departmental needs, e.g., election season (Clerk- Recorder), property tax season (Treasurer-Tax Collector), and “closing the assessment roll” season (Assessor). 4. Temporary assignments for pre-determined periods of time, as determined by the hiring department. 5. For short term seasonal work needed by a department, not to exceed 1600 hours. The County may not replace a temporary employee with another temporary employee, except as provided in Subsections 1, 2, 3, and 4 of this Section B. above. The County will notify the union in advance of the period of the temporary assignment under Subsection 4 and the period of the seasonal assignment under Subsection 5. July 12, 2016 Contra Costa County Board of Supervisors 283 C. Health Services Personnel will notify temporary employees of any vacancies and/or exam testing within the Department. D. Student Intern: The County may employ a person as a Student Intern only if that person is enrolled in a school and is performing work for the County that is related to his/her course of study, interest, aptitude, or education, provided however, that a student intern hired for the summer may perform work not related to his/her course of study, interest, aptitude or education. Student Interns may not be used in lieu of hiring regular County employees. E. The County may employ temporary agency employees in a manner consistent with Government Code Section 31000.4, which provides: “The board of supervisors may contract with temporary help firms for temporary help to assist county agencies, departments or offices during any peak load, temporary absence, or emergency other than a labor dispute, provided the board determines that it is in the economic interest of the county to provide such temporary help by contract, rather than employing persons for such purpose. Use of temporary help under this section shall be limited to a period of not to exceed 90 days for any single peak load, temporary absence, or emergency situation.” F. The County will provide to the union a temporary employee report to show the total number of hours worked by each County temporary employee and each temporary agency employee and not merely the annual number of hours. It shall also include the reason the County temporary employee was hired by referring to one of the 5 reasons specified in B above or the reason the temporary agency employee was hired as set forth in paragraph E. G. Appointment to a Permanent Position. If a temporary employee is appointed to a permanent position, credited paid time off hours and earned, but not yet credited paid time off hours, shall be converted to vacation hours and subject to the MOU provisions relating to vacation, except that when a temporary employee is appointed to a permanent position, the employee shall be allowed to use the earned paid time off hours during the first six (6) months of employment in a permanent position. H. The County shall provide quarterly reports regarding temporary employees which include the following information: employee name, classification, department, mail drop I.D., and number of hours worked in all classifications and departments. I. Special Pays. Temporary employees may be eligible for certain special types of pays or benefits in addition to wages under specifically defined circumstances. A list of those special pays and benefits that are applicable to temporary employees is included as Attachment E. If a special pay or benefit that is described in this MOU does not specifically reference temporary employees or the special pay or benefit is not included in Attachment E, then it does not apply to temporary employees. July 12, 2016 Contra Costa County Board of Supervisors 284 SECTION 50 - ADOPTION The provisions of this MOU shall be made applicable on the dates indicated and upon approval by the Board of Supervisors. Resolutions and Ordinances, where necessary, shall be prepared and adopted in order to implement these provisions. It is understood that where it is determined that an Ordinance is required to implement any of the foregoing provisions, said provisions shall become effective upon the first day of the month following thirty (30) days after such Ordinance is adopted. SECTION 51 - SCOPE OF AGREEMENT AND SEPARABILITY OF PROVISIONS 51.1 Scope of Agreement. Except as otherwise specifically provided herein, this MOU fully and completely incorporates the understanding of the parties hereto and constitutes the sole and entire agreement between the parties in any and all matters subject to meet and confer. Neither party shall, during the term of this MOU demand any change herein, provided that nothing herein shall prohibit the parties from changing the terms of this MOU by mutual agreement. Any past side letters or any other agreements, excluding settlement agreements, that are not incorporated into or attached to this MOU are deemed expired upon approval of this MOU by the Board of Supervisors. 51.2 Separability of Provisions. Should any section, clause or provision of this MOU be declared illegal, unlawful or unenforceable, by final judgment of a court of competent jurisdiction, such invalidation of such section, clause or provision shall not invalidate the remaining portions hereof, and such remaining portions shall remain in full force and effect for the duration of this MOU. 51.3 Personnel Management Regulations. Where a specific provision contained in a section of this MOU conflicts with a specific provision contained in a section of the Personnel Management Regulations, the provision of this MOU shall prevail. Those provisions of the Personnel Management Regulations within the scope of representation which are not in conflict with the provisions of this MOU and those provisions of the Personnel Management Regulations which are not within the scope of representation shall be considered in full force and effect. 51.4 Duration of Agreement. This Agreement will continue in full force and effect from July 1, 2016 to and including June 30, 2019. Said Agreement shall automatically renew from year to year thereafter unless either party gives written notice to the other prior to sixty (60) days from the aforesaid termination date of its intention to amend, modify or terminate the Agreement. SECTION 52 - FAIR LABOR STANDARDS ACT PROVISIONS The Fair Labor Standards Act, as amended, may govern certain terms and conditions of the employment of employees covered by this MOU. It is anticipated that compliance with the Act may require changes in some of the County policies and practices currently July 12, 2016 Contra Costa County Board of Supervisors 285 in effect or agreed upon. If it is determined by the County that certain working conditions, including but not limited to work schedules, hours of work, method of computing overtime, overtime pay and compensatory time off entitlements or use, must be changed to conform with the Fair Labor Standards Act, such terms and conditions of employment shall not be controlled by this MOU but shall be subject to modification by the County to conform to the federal law, without further meeting and conferring. The County shall notify the Union (employee organizations) and will meet and confer with said organization regarding the implementation of such modifications. SECTION 53 – SAFETY IN THE WORKPLACE Departments will continue to ensure a designated Safety Coordinator is selected to serve as the liaison between Risk Management and the department to address any safety issues. The County shall expend every effort to see to it that the work performed under the terms and conditions of this MOU is performed with a maximum degree of safety consistent with the requirement to conduct efficient operations. Departments without a Safety Committee shall establish a committee within ninety (90) days of the effective date of this agreement. The Union shall appoint all labor representatives to the Committee. All Safety Committees shall schedule their meetings. SECTION 54 - UNIT ITEMS Specific working conditions for the Attendant LVN-Aide, General Services & Maintenance, and Health Services units represented by the Union are listed in Sections 54.1 through 54.3. 54.1 Attendant-LVN-Aide Unit. A. Each permanent employee working in the Hospital Nursing Service and who qualifies for paid holidays shall not be required to work on at least one (1) of the following holidays each year: Thanksgiving, Christmas, or New Year’s Day. B. Employees in this unit who are employed at CCCRMC and are required to work on Thanksgiving, Christmas or New Year's Day will be provided a free meal in the Hospital Cafeteria between the hours of 6:00 a.m. and 6:00 p.m. C. Shift Differential. 1.Permanent Full-time and Permanent Part-time Employees. a.Permanent full-time and part-time employees in the Hospital Nursing Service, including Sterile Processing, will receive a shift differential of seven and one-half percent (7.5%) of the employee's base hourly rate of pay for the employee’s entire scheduled shift July 12, 2016 Contra Costa County Board of Supervisors 286 when the employee is scheduled to work for four (4) or more hours between 5:00p.m. and 9:00a.m. In order to receive the seven and one-half percent (7.5%) shift differential, the employee must start work between the hours of midnight and 5:00a.m. or 11:00a.m. and midnight on the day that the shift is schedule to begin. Hours worked in excess of the employee’s scheduled workday will count towards qualifying for the shift differential, but the employee will not be paid the shift differential on any excess hours worked. b.Permanent full-time and part-time employees in the Hospital Nursing Service, including Sterile Processing, will receive a shift differential of ten percent (10%) of the employee's base hourly rate of pay for the entire scheduled shift when the employee is scheduled to work for four (4) or more hours between 11:00p.m. and 8:00a.m. In order to receive the ten percent (10%) shift differential, the employee must start work between the hours of 7:00p.m. and midnight or midnight and 8:00a.m. on the day that the shift is scheduled to begin. Hours worked in excess of the employee’s scheduled workday will count towards qualifying for the shift differential, but the employee will not be paid the shift differential on any excess hours worked. 2.Permanent Intermittent and Temporary Employees. a.Permanent Intermittent and temporary employee in the Hospital Nursing Service, including Sterile Processing, will receive a shift differential of seven and one-half percent (7.5%) of the employee’s base hourly rate of pay for a maximum of eight (8) hours per workday and/or forty (40) hours per workweek when the employee works for four (4) or more hours between 5:00p.m. and 9:00a.m. In order to receive the seven and one-half percent (7.5%) shift differential, the employee must start work between the hours of midnight and 5:00a.m. or 11:00a.m. and midnight on the day that the shift is scheduled to begin. Hours worked in excess of eight (8) hours in a workday will count towards qualifying for the shift differential, but the employee will not be paid the shift differential on any excess hours worked. b.Permanent Intermittent and temporary employees in the Hospital Nursing Service, including Sterile Processing, will receive a shift differential of ten percent (10%) of the employee’s base hourly rate of pay for a maximum of eight (8) hours per workday and/or forty (40) hours per workweek when the employee works for four (4) or more hours between 11:00p.m. and 8:00a.m. July 12, 2016 Contra Costa County Board of Supervisors 287 In order to receive the ten percent (10%) shift differential, the employee must start work between the hours of 7:00p.m. and midnight or midnight and 8:00a.m. on the day that the shift is scheduled to begin. Hours worked in excess of eight (8) hours in a workday will count towards qualifying for the shift differential, but the employee will not be paid the shift differential on any excess hours worked. D. Stat Call. A ten percent (10%) base pay salary differential shall be paid for those shifts on which employees in this and/or other Teamsters, Local 856 bargaining units are specifically assigned by the administration to respond to emergency stat- calls if said employees do not qualify for other hazard assignment differential. A ten percent (10%) base pay salary differential shall be paid for those shifts in which employees are specifically assigned to respond to emergency stat-calls if said employees qualify for other hazard assignment differential, said ten percent (10%) to be in addition to the hazard pay differential. It is further understood that acceptance of the assignment to stat-calls for those employees hired prior to April 1, 1979 shall be voluntary, provided, however, if insufficient employees volunteer for the stat-calls assignment or additional employees are required on a particular shift, nursing administration shall select employees under their supervision judged to be qualified to handle such assignments because of prior experience and training. All Hospital Attendants, Psychiatric Technicians and Licensed Vocational Nurses hired on April 1, 1979 or thereafter will be advised that they may be required to handle stat-calls and if required will receive training for such assignments. It is the intention of administration to assign employees to stat-calls on a continuing volunteer basis. Employees may request that they be removed from the stat-calls assignment by submitting a request in writing stating the reasons for such request. The administration may remove employees from the stat-calls assignment where it is demonstrated they are no longer capable of handling such assignments. Effective October 1, 1994 the STAT Team shall be composed of volunteers. This shall be a six (6) month trial program subject to joint labor/management review at the end of six (6) months. E. Professional Standards Committee. The County recognizes the continuation of an advisory Professional Standards Committee comprised of Licensed Vocational Nurses, Psychiatric Technicians and Hospital Attendants employed in the Health Services Department. Such a committee shall develop and communicate recommendations only to the Director of Hospital Nursing or Director of Ambulatory Care Nursing and Hospital Administration. The Professional Standards Committee shall schedule one (1) regular meeting at a mutually agreeable time and place during the day shift working hours and the Health Services Department agrees to release a total of six (6) employees; three (3) Licensed Vocational Nurses, one (1) Surgical Technician and one (1) Psychiatric Technician and one (1) Hospital Attendant for a period not to exceed two (2) hours excluding travel time for any one member to attend such meeting. July 12, 2016 Contra Costa County Board of Supervisors 288 Such Committee members and their alternates shall be selected by Local No. 1. Numerical membership on the Professional Standards Committee shall be such so as to preclude disruption of work activities of any particular work area and shall include at least one (1) representative from the outpatient clinics. Upon two (2) weeks notice, the Committee may request, with approval of the Director of Hospital Nursing or Director of Ambulatory Care Nursing as appropriate, that other personnel attend the monthly meetings, provided that such personnel are furnished with the reasons they have been invited and a written agenda for the meeting they have been asked to attend. The Health Services Department agrees to meet with the LVN-Professional Standards Committee within sixty (60) days following the ratification of this MOU to discuss such issues as scope of practice, team nursing and the float policy. F. Detention Facility Assignment Pay. The Detention Facility Assignment Pay is calculated at five percent (5%) of the employee’s base rate of pay. Permanent full-time and part-time, and permanent intermittent employees in the Attendant- LVN-Aide Unit will be paid the detention facility assignment pay if the employee’s position is assigned to one of the following facilities: Org.# Facility Name 2580 West County Detention 2578 Martinez Detention 2585 Marsh Creek Detention 3120 Juvenile Hall 3160 Byron Boys Center 5700 Martinez Detention Infirmary 5701 West County Detention Infirmary 5702 Juvenile Hall Nursing 5710 Detention Mental Health Martinez 5711 Detention Mental Health West County Employees eligible for this Detention Facility Assignment Pay are not eligible to receive Hazard Pay under Section 44 of this M.O.U. G. Weekend Differential. Employees in the Attendant/LVN/Aide Unit shall receive a weekend shift bonus of twenty-five dollars ($25.00) per shift for each weekend shift worked which: 1) falls on weekends for which the employee is not scheduled to work in their normal work schedule; 2) falls between the beginning of the night shift on Friday and the end of the evening shift on Sunday; 3) is worked for the full duration of the shift; and 4) is not the result of a trade. The employee is to note such qualifying shifts on his/her time sheets in order to receive this compensation. H. Hospital Schedules. The Health Services Department shall continue to schedule Licensed Vocational Nurses, Psychiatric Technicians and Certified Nursing Assistants with every other weekend off. Bid notices for these positions shall July 12, 2016 Contra Costa County Board of Supervisors 289 include a statement that employees have every other weekend off and that schedules are periodically changed and posted in advance of any such change I. Permanent-Intermittent Differential. Permanent-intermittent Licensed Vocational Nurses and Psychiatric Technicians shall be paid a differential of seven and one- half (7-1/2) percent of their base pay. J. O.R. – Sterile Processing On-Call and Call Back Time. 1.On-Call Duty. a.Permanent full-time and part-time employees in the classifications of Surgical Technologist (VT7B), Sterile Processing and Distribution Technician (1EWA), and Lead Sterile Processing and Distribution Technician (1ETB) assigned to On-Call Duty for the Operating Room or Post Anesthesia Recovery will be paid one (1) hour of straight time pay for each two (2) hours designated as On-Call Duty. If an employee’s on-call duty hours are not in increments of two (2) hours, the On-Call Duty hours will be pro-rated. For example, if the employee is assigned to On-Call Duty for six (6) hours, then the employee would receive three (3) hours of straight time pay for the six (6) hours of designated On-Call Duty (6 hours ÷ 2 hours = 3 hours). b.An employee is considered assigned to On-Call Duty if all of the following criteria are met: i.A permanent full-time or part-time employee is not scheduled to work on County premises, but is required to report to work immediately if called. ii.The employee must provide his/her supervisor with current contact information so that the supervisor can reach the employee with ten (10) minutes or less notice. iii.The Department Head designates and approves those permanent full-time and part-time employees who will be assigned to On-Call Duty. c.If an employee is called back to work while assigned to On-Call Duty, the employee will be paid for the total assigned On-Call Duty hours regardless of when the employee returns to work. 2.Call Back Time. Permanent full-time or part-time employees in the classifications of Surgical Technologist (VT7B), Sterile Processing and Distribution Technician (1EWA), and Lead Sterile Processing and Distribution Technician (1ETB) assigned to On-Call Duty for the Operating Room or Post Anesthesia recovery Room will be paid Call Back Time Pay as set forth in Section 8 of this MOU, except that employees called back to July 12, 2016 Contra Costa County Board of Supervisors 290 work will be paid a minimum of three (3) hours for each Call Back Time event. K. Contiguous Shifts. At the County's request, if an employee in this unit works on all or parts of two contiguous shifts (more than eight (8) continuous hours) which is outside the employees regular work schedule and the first eight (8) hours fall on one day and the additional hours fall on the following day, the employee shall be paid a differential of one-half (½) the employees base salary rate in addition to the employees base salary rate for the hours worked in excess of eight (8) hours. Employees in this unit working at the CCCRMC who, at the County's request work two contiguous shifts (sixteen (16) continuous hours) shall be provided a meal in the hospital cafeteria at no cost to the employee. Employees in the Hospital Nursing Service and in the classifications of Sterile Processing and Distribution Techs (1ETB and 1EWA), who work a double shift who work a double shift shall receive twenty-five dollars ($25.00) in addition to all other compensation for each double shift worked. Employees who work from the beginning of their regularly scheduled shift to the conclusion of the next scheduled shift will be considered to have worked a double shift. If the second shift is not completed, the premium will be prorated. If the total hours worked, excluding lunch breaks, exceed sixteen (16) hours, additional prorated premium will be paid. L. Continuing Education. Each regular full-time Licensed Vocational Nurse and Psychiatric Technician with one or more years of County service shall be entitled to forty (40) hours leave with pay each year to attend accredited continuing education courses, institutions, workshops, or classes. Full-time Surgical Technicians will be entitled to fourteen (14) hours per year for the same purpose. Written requests for such leave must be submitted in advance and may be approved by the appropriate supervisor only in the event such leave does not interfere with staffing. The leave is accumulated from year-to-year if; 1) it is applied for and denied, 2) it is applied for this year for a course next year, and 3) if it is applied for to anticipate taking a specific course of more than forty (40) hours duration. The maximum leave available in any fiscal year may not exceed twice what may be accrued in any one fiscal year. The leave hereinabove defined shall not apply to those courses or programs the nurse is required by the County to attend. A Licensed Vocational Nurse or Psychiatric Technician assigned to the night shift who attends a continuing education course of eight (8) hours duration outside his/her scheduled work time, may receive educational leave pay for the actual course time and may be excused from the night shift immediately preceding or following the course attended. An employee who attends a pre-approved course on a date for which he/she is not regularly scheduled to work or who completes a pre-approved home study course, will be granted CE time off for the number of hours equivalent of the CE units earned. Only Board of Registered Nurses Accredited Courses will be July 12, 2016 Contra Costa County Board of Supervisors 291 approved. Such time off must be scheduled in advance by mutual agreement between the employee and the supervisor. Each full-time Registered Dental Assistant with one or more years of County service shall be entitled to four (4) days of paid continuing education leave every two (2) years. Permanent part-time employees shall receive prorated CE leave in the same ratio of their position hours to full-time. Each full-time Certified Nursing Assistant with one or more years of County service shall be entitled to forty-eight (48) hours of paid continuing education leave every two (2) years. M. Charge Pay. A fully certified Licensed Vocational Nurse or Psychiatric Technician who, at the County's' request, is placed in charge of a ward for an eight (8) hour shift shall receive an additional five dollars ($5.00) per shift. N. Hospital Call-In Procedures. The following procedures shall apply to employees in the class of Licensed Vocational Nurse, Psychiatric Technician and Hospital Attendant employed at CCCRMC who become ill prior to a scheduled work shift and supersedes Section 14.4 of this MOU. 1.Employees in the Hospital Nursing Service are required to notify the Nursing Office at least two (2) hours prior to the commencement of the evening or night shift or one (1) hour prior to the day shift if they are calling in sick or requesting unplanned time off. Employees in the Ambulatory Care Nursing Service are required to call in at least one (1) hour prior to their scheduled shift and leave a message in voice mail. Notification shall include the reasons and possible duration of the absence. 2.Employees in the Hospital Nursing Service returning from sick leave or emergency leave of any kind must give two (2) hours prior notice unless it was clearly understood at the outset of the leave when the employee planned to return. In the Ambulatory Care Nursing Service, to the extent possible, employees should notify the Charge Nurse by 4:00 p.m. of the day preceding their anticipated return. 3.Employees in the Hospital Nursing Service calling in sick, asking for emergency time off or calling in to say they will be late, must call the Nursing Office directly and not their unit area to advise of their intentions. 4.Employees who do not give the required notice of their intent not to come to work as scheduled shall be coded as absent without pay for payroll purposes unless they provide a reason which is satisfactory to Nursing Administration. Infrequent absences with justification shall normally later be charged to sick leave. July 12, 2016 Contra Costa County Board of Supervisors 292 Hospital Nursing Service or Ambulatory Care Nursing Service employees who are called in to work a shift for which they are not scheduled after that shift has begun shall receive payment for actual time worked plus one (1) hour and shall be paid a minimum of two (2) hours pay. O. Appointment Salary. The County may hire new employees into classes in this bargaining unit at any step of the salary range for the particular class. Consideration shall be given to the qualifications of the appointee relative to current incumbents. The County shall advise the Union of any appointments made at a salary level higher than that of an incumbent with equal qualifications. P. Low Census. Unanticipated declines in hospital patient census may result in the need to temporarily reduce staffing hours for periods of time not requiring formal layoff procedures. When this occurs, the Hospital Nursing Service shall use a variety of procedures to call off and reassign staff. Those procedures will generally emphasize the call off of volunteers first, and the retention of permanent employees. Employees may voluntarily request accrued time off by calling the Staffing Office and asking to be placed on a standing Absent Day list to be used for voluntary call offs in future low census days. The Staffing Office will seek voluntary call offs on a shift-to-shift basis. Employees will be floated to available assignments in other units for which they are oriented or otherwise qualified. If necessary, as assessed on a daily basis, employees will be required to take Involuntary Call Off days on an equitable rotation. Order of Involuntary Call Off will normally be Registry, Temporary, Permanent-intermittent, Permanent Part Time and Permanent Full-time. The maximum number of Involuntary Call Off days per permanent employee will not exceed one shift per month or three (3) shifts per year. Permanent employees will be offered the option of using vacation or holiday accruals if the employee has the accruals available. Otherwise, the employee will be placed on AWOP. LT, Overtime or Registry Nurses will not be assigned to work on units for which an employee who is on Involuntary Call Off day is qualified to work. Involuntary Call Offs will be reasonably distributed among the various nursing classifications consistent with the staffing patterns for patient census and acuity needs. Employees will be notified a minimum of two hours in advance of each shift for which an Involuntary Call Off day is assigned. In the event such notice is not given, the affected employee will receive a minimum of two (2) hours work at the employee's regular rate. Should the hospital make such a documented attempt to notify the employee of a cancellation of shift, but be unsuccessful in doing so, this pay provision will not apply. It is the responsibility of the employee to maintain a current telephone number with the Staffing Office. Failure to do so relieves the Hospital of the notification and pay obligations. July 12, 2016 Contra Costa County Board of Supervisors 293 The same procedures will be used in the event of reduced patient visits in the Ambulatory Care Nursing Service. They will be applicable at all Clinics and Health Centers. These procedures will apply in the hospital when the patient census falls below 120. This provision shall remain in effect for the duration of this MOU. Q. Sterile Processing. For employees in Sterile Processing, the County will provide pant suits as an option and shall also provide poncho type rain apparel as needed in rainy weather. Employees in Sterile Processing are scheduled on the basis of an eight and one- half hour day and are on their own time during the lunch period. If operational reasons preclude an employee from leaving the work area during the lunch period, such time shall be considered worked and will be paid at the overtime rate. R. Public Service Officers. At the Service Integration Program Family Service Centers, the Public Service Officers shall be allowed a one-half (½) hour paid lunch to remain on-site throughout the 8:30 a.m. - 5:00 p.m. service hours. The Health Services Department will provide an identification card for Public Service Officers recognizing they perform their duties under the guidelines set forth in section 836.5 of the California Penal Code and Section 1250 of the Health and Safety Code. The Health Services Department will provide a bullet proof vest for each Public Service Officer (PSO) to be worn at all times while on duty. The PSO will return the vest to the Health Services Department when the PSO is no longer employed as a PSO. 54.2 General Services and Maintenance Unit. A. General. All existing departments safety awards shall continue for the duration of this MOU. B. Field Personnel. 1.The County will provide coveralls or overalls to each employee assigned to the paint crew and bridge crew in the Public Works Maintenance Division of the Public Works Department and will launder such clothing on a regular basis. The employees will be required to select either coveralls or overalls; this choice shall be considered a permanent selection. Coveralls shall be provided for the employee assigned to and operating the Gradall. July 12, 2016 Contra Costa County Board of Supervisors 294 2.The Safety Committee of the Public Works Department, as previously referenced in a Departmental MOU, shall continue for the duration of this agreement. 3.The Public Works Department agrees to offer Defensive Driver Training to employees on road maintenance crews. 4.The Public Works Department will meet and confer with the Union if it intends to increase the work test crews beyond nine (9) members. 5.On a trial basis for the employees in the General Services and Maintenance Unit, and at the sole discretion of the Director of Human Resources upon written request stating the reasons for such request, the Union may appoint an individual to observe instructions given an oral board by the appointing authority on his/her own time. C. Shop Personnel. 1.The County will pay Equipment Mechanics a tool allowance of four hundred dollars ($400.00) per calendar year. Air tools will be considered an eligible tool allowance item. The tool allowance benefit will be provided on a reimbursement basis through submission of County payment demand forms with proof of purchase. 2.Employees in the classes of Equipment Mechanic, Apprentice Mechanic, Equipment Services Worker and Garage Attendant will have the choice of the County providing coveralls or pants and shirt. The employees will be required to select either coveralls or pants and shirt; this choice shall be considered a permanent selection. 3.Employees referenced in C.2 above shall be provided with additional uniforms so as to enable the employee to have a clean uniform each day. D. Building Maintenance & Miscellaneous Employees. 1.Union Stewards in the Building Maintenance Division shall be relieved from their assigned work duties by their supervisors within twenty-four (24) hours (excluding Saturdays, Sundays, and holidays) upon receipt of a request by an employee in that division to investigate and/or process a grievance initiated by said employee. 2.The Building Maintenance Division of the Public Works Department will continue the seven (7) day per week maintenance coverage of County facilities by Operating Engineers. 3.Custodians in the Probation Department specifically assigned responsibility in writing for providing work training to assigned juveniles shall receive in addition to their base pay a differential of five percent (5%) of base pay as premium compensation for this additional responsibility. July 12, 2016 Contra Costa County Board of Supervisors 295 Such differential to be computed on the basis of hours actually spent in directing juveniles in work training. 4.The vacation scheduling procedure for Custodians I and II in the Buildings and Grounds Division of the Public Works Department shall be as follows: All employees, in order of seniority, with the Buildings and Grounds Division of the Public Works Department shall be afforded the opportunity to indicate their preference of vacation dates for their vacation entitlement by area. If an employee wishes to split his/her vacation entitlement and schedule a portion of his/her vacation at another time, he/ she shall be afforded a second opportunity to exercise his/her seniority in scheduling each second choice after all other employee's vacations have been scheduled. For example: If an employee has a vacation entitlement of four (4) weeks and wishes to take two (2) of those weeks in July, his/her preference for the specific dates in July would be reviewed by the department in accordance with his/her seniority. Once the first choice of vacation dates for this employee and all other employees have been reviewed by the department and scheduled by area in accordance with seniority, the employee may indicate his/her preference of vacation dates for the remaining two (2) weeks of his/her vacation entitlement which again will be reviewed and scheduled by area by the department in accordance with his/her schedule. 5.Detention Facility Assignment Pay. The Detention Facility Assignment Pay is calculated at five percent (5%) of the employee’s base rate of pay. Permanent full-time and part-time employees, and permanent intermittent employees in the General Services and Maintenance Unit and in the classifications of Cook (1KWA), Lead Cook (1KTA), Stationary Engineer (GWVC), Detention Services Aide (64WG), Detention Services Worker (64VD), Lead Detention Services Worker (64TB), Custodian I and II (GK7A, GKWB), Institutional Services Aide (1KWC), Institutional Services Worker-Generalist (1KVD), and Institutional Services Worker-Lead (1KVF) will be paid the detention facility assignment pay if the employee’s position is assigned to one of the following facilities: Org.# Facility Name 2580 West County Detention 2578 Martinez Detention 2585 Marsh Creek Detention 3120 Juvenile Hall 3160 Byron Boys Center 5700 Martinez Detention Infirmary 5701 West County Detention Infirmary 5702 Juvenile Hall Nursing 5710 Detention Mental Health Martinez 5711 Detention Mental Health West County July 12, 2016 Contra Costa County Board of Supervisors 296 Employees eligible for this Detention Facility Assignment Pay are not eligible to receive Hazard Pay under Section 44 of this M.O.U. 6.The Building Maintenance Division of the Public Works Department shall continue the safety committee of no less than two (2) employees selected by Teamsters, Local 856 in the classes of Window Washer and Lead Window Washer to discuss various safety problems. This committee shall meet not less than once every three (3) months nor more than once a month upon request of the employees. 7.The County shall pay Stationary Engineers, Lead Stationary Engineers, Stationary Systems Specialist I, and Stationary Systems Specialist II, in the General Services and Maintenance Unit a reimbursement of twenty- five dollars ($25.00) per month, to defray the cost of supplying and cleaning clothing worn in the performance of regular duties. 8.The County will provide reimbursement, up to sixty-five dollars ($65.00) per calendar year, to permanent Groundskeepers, Gardeners and Lead Gardeners for the purchase of coveralls or overalls worn on the job. E. Communications. 1.The Communications Division Safety Committee shall be continued. Said Committee shall consist of two (2) Communications Division employees selected by the Union. Said Committee shall meet quarterly with a Manager and the Departmental Safety Coordinator. Said meetings shall not exceed one (1) hour in duration except by mutual agreement of the parties. 2.Permanent full-time, Part-time, and Permanent Intermittent employees in the classifications of Communications Equipment Specialist (PEWF), Materials Technician (91VC), Telecommunication Specialist I (PEWL), and Telecommunications Specialist II (PEVA) who are assigned to the Radio Communications unit (Org. # 4285) and who are required to climb a communication tower will be paid one (1.0) hour of straight time pay at the rate of one (1.0) times the employee’s base rate of pay (excluding differentials) on any day that the employee climbs a tower regardless of the number of times the employee is required to climb a communication tower on that day. Tower construction work will be contracted out. 3. County-owned vehicles will not be taken home by employees regardless of whether they are on call or working overtime. F. Sheriff's Personnel. The County shall continue to pay twenty-five dollars ($25.00) per month uniform allowance for employees in the Sheriff's Department who are required to wear a July 12, 2016 Contra Costa County Board of Supervisors 297 uniform in the performance of their duty in the following classifications: Sheriff's Services Assistant I, Sheriff's Services Assistant II and Storekeeper. G. Building Inspectors. 1.The Building Inspection Department shall pay Inspectors a reimbursement up to a maximum amount of fifty dollars ($50.00) plus sales tax per calendar year, for the purchase of knee pads and coveralls, and thirty-five dollars ($35.00) plus sales tax per calendar year, for rain boots and rain gear. 2.Building Inspectors are assigned by the Building Inspection Department to Housing Rehab, Mobile Home, Commercial inspections Code Enforcement, Weatherization and Residential inspection activities. These assignments may be rotated at the discretion of the Department Head. H. Central Service. 1.Teamsters, Local 856 will select a spokesperson who is an employee of the County Administrator's Office to bring to the attention of and discuss with the Department Head or his designee at convenient times any safety problems existing within the department. 2.The County will provide employees in the class of Driver Clerk, poncho type rain apparel. The above does not exclude any other employee from bringing to the attention of the management of the County Administrator's office any safety problems that may exist. 3.Office Service Workers will be paid at the applicable higher rate from the first day when substituting on Driver Clerk routes. I. Hospital Workers. 1.If an employee in this unit, employed at the County Hospital, who at the County's request works on all or part of two contiguous shifts (more than eight (8) continuous hours) which is outside the employees regular work schedule and the first eight (8) hours fall on one day and the additional hours fall on the following day, the employee shall be paid a differential of one-half (½) the employees base salary rate in addition to the employees base salary rate for the hours worked in excess of eight (8) hours. 2.Employees in this unit working at the CCCRMC who at the County's request work two contiguous shifts (sixteen (16) continuous hours) shall be provided a meal in the Hospital Cafeteria at no cost to the employee. 3.Employees in this unit who are employed at CCCRMC and are required to work on Thanksgiving, Christmas or New Year's Day will be provided a July 12, 2016 Contra Costa County Board of Supervisors 298 free meal in the Hospital Cafeteria between the hours of 6:30 a.m. and 6:30 p.m. 4.Where only one Storeroom Clerk is on duty on a shift at the main Hospital Storeroom on a given day, and the Storeroom cannot be closed for one- half (½) hour to permit that Storeroom Clerk an unpaid lunch period, the Storeroom Clerk will be scheduled to work a straight eight (8) hour shift with a paid lunch period. 5.The County shall provide pantsuits as an option to employees in the classes of Central Supply Technician, Lead Central Supply Technician, Institutional Services Aide, and Institutional Services Worker's, who are normally furnished uniforms by the County. 6.The County will provide poncho type rain apparel as needed for employees in the Hospital Central Supply and Environmental Service who are required to go outdoors while it is raining. 7.Employees in the class of Central Supply Technician are scheduled on the basis of an eight and one-half (8-1/2) hour day and are on their own time during their lunch period. If operational reasons preclude an employee from leaving the work area during the lunch period, such time worked shall be paid at the rate of time and one-half. 8.CCRMC Shift Relief. An Institutional Services Worker-Generalist or Institutional Services Worker-Specialist who at the County’s request, relieves a Cook at Contra Costa Regional Medical Center for a shift will receive an additional twelve dollars ($12.00) per shift. Commencing on the 41st consecutive hour in the assignment, Section 5.13 - Pay for Work in a Higher Classification, will apply. J. Library Personnel. 1.Section 12 of this MOU regarding holidays is modified for all employees in this unit assigned to the Library to delete the day after Thanksgiving as a holiday and to add the day before Christmas as a holiday. The Libraries will close at 6:00 p.m. on the day before Thanksgiving. 2.The Driver Clerk permanently assigned to drive the Bookmobile shall receive in addition to his/her base pay a differential of five percent (5%) of base pay as premium compensation for this assignment. 3.Employees in this unit assigned to the Library who work Saturday shall receive a five percent (5%) differential for all hours worked on Saturday. Said five percent (5%) differential shall not apply to any overtime hours worked on Saturday. July 12, 2016 Contra Costa County Board of Supervisors 299 Permanent full-time, part-time, permanent intermittent, and temporary employees in the Library Unit will receive a shift differential of seven and one-half percent (7.5%) of the employee’s base hourly rate of pay for all hours worked on a Sunday. 4.The Libraries will close at 5:00 p.m. on New Year's Eve. Employees in this unit assigned to work at the Library shall rearrange their work schedules so that they work a full eight (8) hour shift. K. Commercial License Hazardous Materials Endorsement For Classifications requiring the above endorsement, the County will reimburse employees for the required costs associated with the background check required for a Commercial Drivers License Hazardous Materials Endorsement. 54.3 Health Services Unit. A. Environmental Health. 1.Environmental Health Inspectors. The County shall continue the Professional Standards Committee comprised of Environmental Health Inspectors selected by Teamsters, Local 856 and employed in the Health Services Department who may, as a committee, develop and communicate recommendations to the Director of the Environmental Health Division of the Health Service Department. The Professional Standards Committee may schedule only one (1) regular meeting each month during working hours, and the County will release from duty a maximum of two (2) Environmental Health Inspectors for a period not to exceed one (1) hour for any Environmental Health Inspectors to attend such meeting. The agenda and minutes of each meeting shall be forwarded to the Director of the Environmental Health Division. It is understood that the Professional Standards Committee is advisory only and the subjects it reviews shall be restricted to those directly related to Environmental Health Inspector's practices. 2.Hazardous Materials Specialists. Hazardous Materials Specialists will be paid a differential of one hundred and sixty three ($163) per month while participating on the Incident Response Team. 3 Certifications Differential: Employees in the classifications of Hazardous Materials Specialist I (V4WG) and Hazardous Materials Specialist II (V4VC) will be paid a monthly differential in the amount of five percent (5%) of base monthly salary for the possession and maintenance of all three (3) of the following certifications: o State required certifications (current and future) to perform Unified Program Inspections July 12, 2016 Contra Costa County Board of Supervisors 300 o Hazardous Waste Operations and Emergency Response Standards as defined in Section 5192 (e) of Title 8 of the California Code of Regulations o California Specialized Training Institute (CSTI) Hazardous Materials Specialist certifications Verification of eligibility will be by the Department Head or his/her designee. Once eligibility is verified, the employee is eligible for this pay on the date the employee submitted proof of eligibility to the Department Head/designee. Each employee who qualifies for this differential is subject to annual calendar year verification of eligibility. 4.Program Coordinator Assignments and Differential: The Hazardous Materials Program Director (Director) will designate, in writing, up to five (5) Program Coordinators from the incumbents in the classifications of Hazardous Materials Specialist I (V4WG) and Hazardous Materials Specialist II (V4VC). Each designation is at the sole discretion of the Director and each is subject to change at any time. Each designated Program Coordinator will be paid a differential of two and one half percent (2.5%) of base monthly salary. If a designated Program Coordinator is absent from work on paid leave (vacation, sick leave, disability, or other paid leave), the absent Program Coordinator will be paid the Program Coordinator differential only for the first thirty (30) calendar days of that paid leave. At the end of that 30 days, or earlier, if the designated Program Coordinator runs out of leave accruals, the differential stops and the Director may designate a new Program Coordinator. The five (5) Program Coordinator assignments are as follows: 1.Lead Program Coordinator 2.Health and Safety Coordinator 3.Enforcement Coordinator 4.Training Coordinator 5.Site Mitigation Coordinator It is the responsibility of the Director to provide the Auditor/Controller with written notice of 1) the name of each designated Program Coordinator and the effective date of his/her assignment, and 2) the termination of any designation and the effective date of the termination. The differential is effective on the day the employee begins the assignment. Program Lead Assignments and Differential: The Hazardous Materials Program Director (Director) will designate, in writing, up to five (5) Program Leaders from the incumbents in the classifications of Hazardous Materials Specialist I (V4WG) and Hazardous Materials Specialist II (V4VC). Each designation is at the sole discretion of the Director and each is subject to change at any time. Each designated Program Leader will be paid a differential of five percent (5%) of base monthly salary. If a designated Program Leader is absent from work on paid leave (vacation, July 12, 2016 Contra Costa County Board of Supervisors 301 sick leave, disability, or other paid leave), the absent Program Leader will be paid the Program Leader differential only for the first thirty (30) calendar days of that paid leave. At the end of that 30 days, or earlier, if the designated Program Leader runs out of leave accruals, the differential stops and the Director may designate a new Program Leader. The five (5) Program Leader assignments are as follows: 1.Above Ground Storage Tanks 2.Underground Storage Tanks 3.Hazardous Waste Generators 4.Incident Response Team 5.Hazardous Materials Business Plans and Storm Water It is the responsibility of the Director to provide the Auditor/Controller with written notice of 1) the name of each designated Program Leader and the effective date of his/her assignment, and 2) the termination of any designation and the effective date of the termination. The differential is effective on the day the employee begins the assignment. On Call Duty and Pay: When an employee in the classifications of Hazardous Materials Specialist I (V4WG) and Hazardous Materials Specialist II (V4VC) is assigned to “on-call” duty by the Director or his/her designee, the employee will be paid in accordance with section 9 of this MOU. When an employee is contacted by telephone during his/her assigned “on-call” duty shift and the employee is able to handle the situation(s) by telephone, the employee will receive no additional pay so long as the cumulative total of those telephone conversations does not exceed thirty (30) minutes per “on-call” shift. If the telephone conversations exceed a cumulative total of thirty (30) minutes per shift, the employee will be paid “telephone call back pay” at one and one- half (1.5) times the regular rate of pay, in one-minute increments, up to a maximum of sixty (60) minutes. If the telephone conversations exceed a cumulative total of sixty (60) minutes per shift, the employee will be paid in accordance with Section 8 Call Back Time of this MOU. Continuing Education Allowance: Employees in the classification of Hazardous Materials Specialist I (V4WG) and Hazardous Materials Specialist II (V4VC) are eligible to receive a Continuing Education Allowance of two and one half percent (2.5%) of base monthly salary for any fiscal year in which the employee completes at least sixty (60) hours of pre-approved education or training, other than the training that is required by law for Hazardous Materials Specialist or required by the minimum qualifications for the classifications of Hazardous Materials Specialist I and Hazardous Materials Specialist II set forth in the respective job descriptions, or at least three (3) semester units of pre- approved college credit, or a pre-approved combination thereof, subject to the following conditions: July 12, 2016 Contra Costa County Board of Supervisors 302 1.An application must be submitted to the Hazardous Materials Division Director prior to beginning the education or training. 2.The education or training must be directly related to the technical duties of the employee’s job. 3.The course must be approved, in advance, by the Hazardous Materials Division Director or his/her designee. 4.The employee must provide evidence of completion of the course with a passing grade, when applicable. B. Clinical Laboratory Scientist & Laboratory Technician. The Health Services Department shall continue a staggered lunch period system for the Clinical Laboratory Scientist I & II and Senior Clinical Laboratory Scientist classifications in order to ensure uninterrupted lunch periods for these employees. A Clinical Laboratory Scientist II who, at the County’s request, is placed in charge of clinical laboratory assignments for an eight (8) hour shift, shall receive an additional five dollars ($5.00) per shift. Each full-time employee in the classes of Clinical Laboratory Scientist I & II and Senior Clinical Laboratory Scientist will be granted sixteen (16) hours per year of continuing education (CE) leave to complete courses required for license renewal. For permanent part-time employees, CE leave will be prorated based on their assigned hours. Employees may carry over CE leave from one year to the next to a maximum of thirty-two (32) hours without restriction. Each full-time employee in the class of Laboratory Technician whose position requires a phlebotomy certificate will be granted three (3) hours per year of continuing education (CE) leave to complete courses required for certification renewal. For permanent part-time employees, CE leave will be prorated based on their assigned hours. Employees may carry over CE leave from one year to the next to a maximum of six (6) hours. C. Physical, Occupational & Recreation Therapists. 1.The present Professional Standards Committee for this group of employees will be continued for the duration of the MOU. 2.The present release time for staff development and flex time work schedule for Therapist in the California Children's Services Program will be continued for the duration of this MOU. If the County desires to change either of the above it will offer to meet and confer with the Union before doing so. D. Substance Abuse Staff. 1.There shall be a Substance Abuse Counselor Professional Performance Committee consisting of employees in the Substance Abuse Rehabilitation July 12, 2016 Contra Costa County Board of Supervisors 303 job series. The purpose of the Committee is to meet to consider and discuss patient care and professional practice. It may also formulate advisory recommendations and proposals concerning such matters. The Committee shall not discuss economic matters, such as wages, hours and other economic conditions that may be subject to meet and confer. The Professional Performance Committee may schedule one (1) regular meeting each month during working hours, provided that such meeting shall not conflict with normal work activities and shall be agreeable to the Substance Abuse Program Director. The Department will release from duty no more than three (3) Substance Abuse Counselors for a period not to exceed two (2) hours. Substance Abuse Counselors released for these meetings shall promptly report meeting and travel time to the Substance Abuse Program Director or designee. The Committee shall prepare written minutes of all Professional Performance Committee meetings; copies of which shall be distributed to the Committee members and the Substance Abuse Program Director. 2.Each full-time employee in the classification of Substance Abuse Counselor and Lead Substance Abuse Counselor shall be granted twenty (20) hours per year of Continuing Education (CE) leave to complete courses required as a condition for certification renewal. Written requests for such leave must be submitted in advance and may be approved by the appropriate supervisor only in the event such leave does not interfere with staffing. For permanent part-time employees, continuing education leave will be prorated based on their assigned position hours. Employees may carry over (CE) leave from one year to the next to a maximum of forty (40) hours. 3.For employees in the classifications of Substance Abuse Counselor (VHVC) and Substance Abuse Counselor Project (VHV3) who work at the Discovery House, any holiday that falls on a Saturday will be observed on a Saturday, and any holiday that falls on a Sunday will be observed on a Sunday. Employees in the classifications of Substance Abuse Counselor (VHVC) and Substance Abuse Counselor Project (VHV3) will accrue four (4) hours of personal holiday credit per month and will not observe Admission’s Day, Columbus Day, and Lincoln’s Day. E. Mental Health Treatment Staff. 1.A Labor/Management Forum composed of two (2) Teamsters, Local 856 delegates and the Mental Health Director will meet at least quarterly to address the status and viability of the line staff/management working relationships. Areas of ongoing focus will be communication and mutual July 12, 2016 Contra Costa County Board of Supervisors 304 cooperation. Specific issues of clinical, professional and programmatic concern can be addressed as necessary. An agenda of items to be discussed will be submitted to the Mental Health Director at least two (2) weeks prior to the scheduled meeting. 2.The Health Services Department agrees to meet and confer with the Union before contracting out any presently County operated Mental Health Programs employing Mental Health Staff. 3.Mental Health Treatment employees shall receive a weekend shift bonus of five dollars ($5.00) per shift for each weekend shift worked which: 1) falls on weekends for which the employee is not scheduled to work in his/her normal work schedule; 2) falls between the beginning of the night shift on Friday and the end of the evening shift on Sunday; 3) is worked for the full duration of the shift; and 4) is not the result of a trade. The employee is to note such qualifying shifts on his/her time sheets in order to receive this compensation. 4.Incumbents of the Mental Health Specialist II, Mental Health Clinical Specialist, Mental Health Employment Placement Specialist, Mental Health Community Support Worker II or Clinical Psychologist classes may be designated as unit leaders. Unit leader assignments shall be at the sole discretion of the Division Director. Duties of the unit leaders are described in the class specifications. Unit leaders will receive a differential of five percent (5%) of their base salary until such time as the unit leader assignment terminates. Unit leaders will continue to receive the five percent (5%) pay differential during the first thirty (30) calendar days of each absence for paid vacation, paid sick leave period, paid disability or other paid leave. 5.Approved Continuing Education Leave (C. E.) time entitlement to complete accredited course work required for license renewal will be eighteen (18) hours per fiscal year for full-time permanent employees in the classifications of Mental Health Clinical Specialist (Licensed), Mental Health Clinical Specialist (Licensed) – Project, Clinical Psychologist, and Clinical Psychologist – Project. Permanent part-time employees in these classifications will have their approved CE time entitlement prorated on the basis of the number of hours they work in relation to the regular forty (40) hour work week. CE time may be carried over into the next fiscal year and added to the CE time entitlement for that year without restriction, up to twice the annual accrual. Only courses accredited by the Board of Behavioral Science, the Mandatory Continuing Education for Psychologists (MCEP) Accrediting Agency, the American Psychological Association, or the California Medical Association will be approved. July 12, 2016 Contra Costa County Board of Supervisors 305 F. Pharmacy. 1.The County will grant forty (40) hours/year of continuing education leave to licensed Pharmacists who are required by law to complete such course work as a condition of renewing their license. 2.Where only one licensed Pharmacist is on duty at the Main Hospital Pharmacy on a given day, and the Pharmacy cannot be closed for one- half (½) hour to permit that Pharmacist an unpaid lunch period, the Pharmacist will be scheduled to work a straight eight (8) hour shift with a paid lunch period. G. Cardio-Pulmonary. 1.The Health Services Department will continue the practice of staggered lunch periods to permit one-half (½) hour unpaid lunch periods for Respiratory Care Practitioners I/II. 2.The County will grant ten (10) hours/year of continuing education leave to Respiratory Care Practitioners I/II who are required by law to complete such course work as a condition of renewing their State Respiratory CAUP Practitioner Certificate. Employees may carry over CE leave from one year to the next to a maximum of twenty (20) hours without restriction. 3.On-Call Duty and Call Back Time. a.On Call Duty. Permanent full-time and part-time employees, permanent-intermittent employees, per diem employees, and temporary employees in the classifications of Cardiac Ultrasonographers (V8VG) Cardiac Ultrasonographers – Per Diem (V8VH), and Respiratory Care Practitioners I and II (VIWA, VIVA) assigned to On-Call Duty will be paid one (1) hour of straight time pay for each two (2) hours designated as On-Call Duty. If an employee’s On-Call Duty hours are not in increments of two (2) hours, then the On-Call Duty hours will be pro-rated. If an employee is called back to work while assigned to On-Call Duty, the employee will be paid for the total assigned On-Call Duty hours regardless of when the employee returns to work. An employee is considered assigned to On-Call Duty if all of the following criteria are met: i.The employee is not scheduled to work on County premises, but is required to report to work immediately if called. ii.The employee must provide his/her supervisor with current contact information so that the supervisor can reach the employee with ten (10) minutes or less notice. iii.The Department Head designates and approves those July 12, 2016 Contra Costa County Board of Supervisors 306 employees who will be assigned to On-Call Duty. b.Call Back Time. Permanent full-time and part-time employees, permanent-intermittent employees, per diem employees, and temporary employees in the classifications of Cardiac Ultrasonographer (V8VG), Cardiac Ultrasonographer - Per Diem (V8VH), and Respiratory Care Practitioners I and II (VIWA, VIVA) who are assigned to On-Call Duty will be paid Call Back Time as set forth in Section 8 of this MOU. 4.Shift Differentials. a.Permanent full-time and part-time employees in the classifications of Respiratory Care Practitioner I and II (VIWA & VIVA) will receive a shift differential of ten percent (10%) of the employee’s base hourly rate of pay for the employee’s entire scheduled shift when the employee is scheduled to work for four (4) or more hours between 11:00p.m. and 7:00a.m. In order to receive the ten percent (10%) shift differential, the employee must start work between the hours of 10:00p.m. and midnight or midnight and 7:00a.m. on the day that the shift is scheduled to begin. Hours worked in excess of the employee’s scheduled workday will count towards qualifying for the shift differential, but the employee will not be paid the shift differential on any excess hours worked. b.Permanent Intermittent and temporary employees in the classifications of Respiratory Care Practitioners I and II (VIWA & VIVA) may receive a shift differential of ten percent (10%) of the employee’s base hourly rate of pay for a maximum of eight (8) hours per work day and/or forty (40) hours per workweek when the employee works four (4) or more hours between 11:00p.m. and 7:00a.m. In order to receive the ten percent (10%) shift differential, the employee must start work between the hours of 10:00p.m. and midnight or midnight and 7:00a.m. on the day that the shift is scheduled to begin. Hours worked in excess of eight (8) hours in a workday will count towards qualifying for the shift differential, but the employee will not be paid the shift differential on any excess hours worked. H. Radiologic & Ultrasound Technologists. 1.On-Call Duty and Call Back Time. a.On-Call Duty. Permanent full-time and part-time employees in the classifications of Junior Radiological Technician (V8WC), July 12, 2016 Contra Costa County Board of Supervisors 307 Ultrasound Technologist I and II (V8VD, V8TB), and Sr. Radiological Technician (V8VA) assigned to On-Call Duty will be paid one (1) hour of straight time pay for each two (2) hours designated as On-Call Duty. If an employee’s On-Call Duty hours are not in increments of two (2) hours, then the On-Call Duty hours will be pro-rated. If an employee is called back to work while assigned to On-Call Duty, the employee will be paid for the total assigned On-Call Duty hours regardless of when the employee returns to work. An employee is considered assigned to On-Call Duty if all of the following criteria are met: i.A permanent full-time or part-time employee is not scheduled to work on County premises, but is required to report to work immediately if called. ii.The employee must provide his/her supervisor with current contact information so that the supervisor can reach the employee with ten (10) minutes or less notice. iii.The Department Head designates and approves those permanent full-time and part-time employees who will be assigned to On-Call Duty. b.Call Back Time. Permanent full-time and part-time employees in the classifications of Junior Radiological Technician (V8WC), Ultrasound Technologist I and II (V8VD, V8TB), and Sr. Radiological Technician (V8VA) assigned to On-Call Duty are eligible to receive Call Back Time Pay as set forth in Section 8 of this MOU. c.Permanent Intermittent and Temporary employees in the classifications of Ultrasound Technologist I and II (V8VD, V8TB), Junior Radiologic Technologist (V8WC), and Sr. Radiologic Technologist (V8VA) will be paid Call Back Time Pay as set forth in Section 8 and On-Call Duty Pay as set forth in Section 9 of this MOU. 2.A five percent (5%) differential will be paid to any qualified Radiologic Technologist when scheduled to perform mammograms or CT scans on the day shift, Monday through Friday, or when completing the necessary paperwork. When performing CT scans or mammograms at other times, Radiologic Technologists will be paid the five percent (5%) differential for actual time spent performing the procedure and completing the necessary paperwork. July 12, 2016 Contra Costa County Board of Supervisors 308 3.When performing an angiogram other than day shift, Monday through Friday, the Radiologic Technologist will be compensated at a flat rate of $500 per procedure. 4.Each full-time employee in the classes of Ultrasound Technologist I & II, and Junior & Senior Radiologic Technologist will be granted twelve (12) hours per year of continuing education (CE) leave to complete courses required for license renewal. For permanent part-time employees, CE leave will be prorated based on their assigned hours. Employees may carry over CE leave from one year to the next to a maximum of twenty- four (24) hours without restriction. I. Dietitians. Full-time employees in a classification requiring possession of a Registered Dietitian's Certification shall be granted twenty (20) hours per fiscal year of continuing education (CE) time off to complete the course work required for renewal. Permanent part-time employees will have their CE time entitlement prorated on the basis of the number of hours of their position in relation to the regular forty (40) hour work week. Employees may carry over the CE leave from one year to the next for a maximum of forty (40) hours, without restriction. J. Public Health Nutritionists. Full-time employees in a classification requiring possession of a Registered Dietitian's Certification shall be granted twenty (20) hours per fiscal year of continuing education (CE) time off to complete the course work required for renewal. Permanent part-time employees will have their CE time entitlement prorated on the basis of the number of hours of their position in relation to the regular forty (40) hour work week. Employees may carry over the CE leave from one year to the next for a maximum of forty (40) hours, without restriction. K. Holiday Meal. Employees in this unit who are employed at the CCCRMC and are required to work on Thanksgiving, Christmas or New Year's Day will be provided a free meal in the Hospital Cafeteria between the hours of 6:30 a.m. and 6:30 p.m. This provision only applies to employees working on the day the holiday actually falls. July 12, 2016 Contra Costa County Board of Supervisors 309 L. Advance Step Appointments. The County may hire new employees into classes in this bargaining unit at any step of the salary range for the particular class. Consideration shall be given to the qualifications of the appointee relative to current incumbents and shall advise the Union of any appointments made at a salary level higher than an incumbent with equal qualifications. M. Unpaid Lunch Schedule. If the Health Services Department determines that scheduled work days which include a paid lunch period (typically eight (8) hour days) are inconsistent with operational needs they may be rescheduled to include an unpaid lunch period with thirty (30) days notice. Date: Contra Costa County: TEAMSTERS, Local 856: (Signature / Printed Name) (Signature / Printed Name) / / / / / / / / / / / / / / / / / / / / July 12, 2016 Contra Costa County Board of Supervisors 310 TEAMSTERS, LOCAL 856 ATTACHMENTS A. CLASS & SALARY LISTING BY UNIT B. MEDICAL/DENTAL/LIFE INSURANCE C. PROJECT EMPLOYEES D. PI SPECIAL PAYS AND BENEFITS E. TEMPORARY EMPLOYEES SPECIAL PAYS F. PER DIEM SPECIAL PAYS G. HEALTH SERVICES ASSIGNMENT/SHIFT PROCESS (NEW Side Letter) H. PUBLIC SERVICE OFFICERS/RANGERS I. CARDIAC ULTRASONOGRAPHER-PER DIEM AND PHARMACIST-PER DIEM J. PHYSICAL THERAPIST-PER DIEM & OCCUPATIONAL THERAPIST-PER DIEM K. DRIVE PROGRAM (NEW Side Letter) L. ISW REASSIGNMENTS/BIDS M. CLASS B PHYSICAL EXAMINATIONS/PUBLIC WORKS N. CONTRACTING FOR SERVICE FROM REHABILITATION PROGRAMS O. STATIONARY ENGINEER – 24 HOUR COVERAGE P. ATTENDANT-LVN-AIDE CAREER ADVANCEMENT PROGRAM Q. VEGETATION MANAGEMENT TECHNICIANS R. GUARDIAN SECURITY CONTRACT S. THERAPY SERVICES – OT/PT IN HOSPITAL T. MENTAL HEALTH SIDE LETTER U. RETURN TO WORK POLICY -126-July 12, 2016 Contra Costa County Board of Supervisors 311 Job Code Class Title Flex Staff (F) / Deep Class (D)From To VT7F ANESTHESIA TECHNICIAN $3,123 $3,988 VTWC CERTIFIED MEDICAL ASSISTANT $3,399 $4,132 VTWA CERTIFIED NURSING ASSISTANT $2,839 $3,451 VQWC CONSERV/GDNSHP PROGRAM AIDE $3,037 $3,691 V5WG DEVELOPMENTAL PROGRAM AIDE $3,720 $4,522 VT7H INTERIM PERMIT VOC NURSE $3,300 $3,300 V9VD LEAD REGISTRD DENTAL ASST $3,629 $4,411 1ETB LEAD STERILE PROC AND DIST TEC $3,396 $4,128 VT7G LICENSED VOCATIONAL NURSE $4,129 $5,273 VT7E ORTHOPEDIC TECHNICIAN $3,095 $3,953 VQWB PSYCHIATRIC TECHNICIAN $3,941 $5,033 VMWC PUBLIC HLTH DENTAL ASST $2,753 $3,346 ** 64WP PUBLIC SERVICE OFFICER $4,292 $4,732 V9WG REGISTERED DENTAL ASST $3,389 $4,120 VGW1 REGISTERED DENTAL ASST-PROJECT $3,389 $4,120 V5TA SR DEVELOPMENTAL PROGRAM AIDE $4,103 $4,987 VMVB SR PUBLIC HLTH DENTAL ASST $3,166 $3,848 1EWA STERILE PROCESS AND DIST TECH $3,162 $3,844 VT7B SURGICAL TECHNOLOGIST $3,692 $4,715 V5WA THERAPIST AIDE $3,720 $4,522 Salary Range July 12, 2016 Contra Costa County Board of Supervisors 312 Job Code Class Title Flex Staff (F) / Deep Class (D)From To ** 9BVB AIRPORT OPERATIONS SPECIALIST F $4,216 $5,124 9BWB AIRPORT OPERATIONS TECHNICIAN F $3,131 $3,806 9XWC BINDERY WORKER $2,569 $3,122 FAWB BUILDING INSPECTOR I F $5,318 $5,863 FAVD BUILDING INSPECTOR II F $6,362 $7,014 FRWA BUILDING PLAN CHECKER I F $3,828 $4,653 FRVA BUILDING PLAN CHECKER II F $4,512 $5,485 FR7A BUILDING PLAN CHECKER TRAINEE F $2,856 $3,471 CW05 CAL WORKS LABORER F $3,396 $3,744 ADWA CCTV PRODUCTION ASSISTANT $3,007 $3,655 PEWF COMMUNICATIONS EQUIP SPEC $5,021 $6,104 APTC COMMUNITY & MEDIA RELATIONS SP $5,168 $6,281 LK7A COMPUTER OPERATOR I F $3,683 $4,061 LKVB COMPUTER OPERATOR II F $3,672 $4,464 LKTA COMPUTER OPERATOR III F $4,043 $4,914 1KWA COOK $3,303 $4,015 GK7A CUSTODIAN I F $2,974 $3,279 GKWB CUSTODIAN II F $3,067 $3,381 64WG DETENTION SVCS AIDE F $2,551 $3,101 64VD DETENTION SVCS WORKER F $2,859 $3,475 9QWA DRIVER CLERK F $3,197 $3,886 9XVB DUPLICATING MACHINE OPER I F $3,070 $3,731 9XTD DUPLICATING MACHINE OPER II F $3,672 $4,464 PEWE ELECTRONIC SYSTEMS SPECIALIST $5,021 $6,104 PMWB EQUIPMENT MECHANIC F $5,240 $5,777 PMVB EQUIPMENT SERVICE WRITER $4,003 $4,413 PMVA EQUIPMENT SERVICES WORKER $4,003 $4,413 PMSC FIRE APPARATUS SERVICE COORDIN $5,506 $6,070 PESC FIRE DISTRICT TELECOM SPEC $5,826 $7,081 RJHD FIRE EDUCATION COORDINATOR $3,870 $4,704 PMVC FIRE EQUIPMENT MECHANIC $5,506 $6,070 GMWA FIRE MAINTENANCE WORKER $4,055 $4,928 RJWE FIRE PREVENTION SPECIALIST $2,662 $3,236 PMTB FLEET EQUIPMENT SPECIALIST $4,571 $5,039 PMWD FLEET SERVICE CENTER ATTENDANT $2,599 $2,866 6D7A FORENSIC TECHNOLOGIST $3,593 $4,368 GPWA GARDENER F $3,386 $3,733 NXWB GRADING INSPECTOR I F $5,318 $5,863 NXTB GRADING INSPECTOR II F $6,362 $7,014 GPVD GROUNDS MAINTCE SPEC-IRRIGATN $4,575 $5,044 Salary Range July 12, 2016 Contra Costa County Board of Supervisors 313 Job Code Class Title Flex Staff (F) / Deep Class (D)From To Salary Range GPVE GROUNDS MAINTCE SPEC-PEST CTRL $4,803 $5,295 GP7A GROUNDSKEEPER F $2,956 $3,260 1KHB HEAD DETENTION COOK $5,061 $5,580 LTWA INFO SYS SPECIALIST I F $3,967 $4,822 LTVA INFO SYS SPECIALIST II F $4,598 $5,589 LTTA INFO SYS SPECIALIST III F $5,324 $6,471 LTWB INFO SYS TECHNICIAN I F $4,667 $5,672 LTVB INFO SYS TECHNICIAN II F $5,092 $6,189 1KWC INST SVCS AIDE F $2,628 $3,194 1KVD INST SVCS WORKER-GENERALIST F, D Res # 82/1082 $2,884 $3,506 1KVF INST SVCS WORKER-LEAD F, D Res # 82/1082 $4,019 $4,019 1KVE INST SVCS WORKER-SPECIALIST F, D Res # 82/1082 $3,676 $3,676 9KT4 LD WEATHERIZATION HM RPR SPEC $4,063 $4,938 ** 9BTA LEAD AIRPORT OPS SPCLST $4,636 $5,635 1KTA LEAD COOK $3,905 $4,305 GKTB LEAD CUSTODIAN $3,485 $3,842 64TB LEAD DETENTION SVCS WORKER $3,310 $4,023 PETD LEAD ELECTRONIC SYSTEMS SPEC $5,768 $7,011 PMNC LEAD FIRE EQUIPMENT MECHANIC $6,331 $6,980 PMNB LEAD FLEET TECHNICIAN $6,000 $6,615 GPTA LEAD GARDENER $4,918 $5,422 91VD LEAD MATERIALS TECHNICIAN $4,446 $5,404 9XNA LEAD PRINT & MAIL SRVS TECH $4,015 $4,880 GKNB LEAD RESOURCE CENTER ATTENDANT $4,765 $5,253 GWTC LEAD STATIONARY ENGINEER F $5,883 $6,487 PETC LEAD TELECOMMUNICATIONS SPEC $5,797 $7,046 9XWD MAILING MACHINE OPERATOR $3,070 $3,731 PSWB MAINTENANCE WORKER I F $3,572 $4,342 PSVC MAINTENANCE WORKER II F $3,753 $4,562 PSTE MAINTENANCE WORKER III F $4,415 $5,366 PSNA MAINTENANCE WORKER IV F $4,957 $6,026 91VC MATERIALS TECHNICIAN $4,055 $4,928 9XV1 MICROFILM TECHNICIAN II-PRJ F $3,267 $3,972 VMTB PUBLIC HEALTH MOBILE CLINIC OP $3,651 $4,437 PSSE PW RESOURCES ASSISTANT $4,494 $5,463 GPWE RECYCLE CENTER ATTENDANT I F $3,067 $3,381 GPVA RECYCLE CENTER ATTENDANT II F $3,485 $3,842 9XWE REPROGRAPHICS TECH I F $2,317 $2,817 9XVD REPROGRAPHICS TECHNICIAN II F $3,393 $4,124 PSWA ROAD MAINTENANCE CARPENTER $5,051 $5,569 July 12, 2016 Contra Costa County Board of Supervisors 314 Job Code Class Title Flex Staff (F) / Deep Class (D)From To Salary Range PSWD ROAD MAINTENANCE CARPENTER AST $4,415 $4,868 999A SPECIAL QUALIFICATIONS WORKER $2,203 $2,678 999F SPECIAL SVCS WORKER I F $2,203 $2,678 999G SPECIAL SVCS WORKER II F $2,533 $3,079 FATE SR BUILDING INSPECTOR F $6,880 $7,585 FRTA SR BUILDING PLAN CHECKER F $5,007 $6,086 PETB SR COMM EQUIPMENT SPECIALIST $5,522 $6,712 NXTA SR GRADING INSPECTOR F $6,244 $7,589 PSTD SR VEGETATION MGMT TECHNICIAN F $5,683 $6,266 GWVC STATIONARY ENGINEER F $5,163 $5,692 GWVD STATIONARY ENG-SYS SPEC I F $5,820 $6,416 GWTD STATIONARY ENG-SYS SPEC II F $6,109 $6,735 91VA STOREKEEPER $3,698 $4,495 91WC STOREROOM CLERK $2,867 $3,485 91W1 STOREROOM CLERK-PROJECT $2,867 $3,485 PEWK TELECOM INFRASTRUCTURE SPEC $5,021 $6,104 PEWL TELECOM SPECIALIST I F $4,019 $4,885 PEVA TELECOM SPECIALIST II F $5,021 $6,104 PSVB TRAFFIC SIGN COORDINATOR $4,415 $4,868 GPWC VEGETATION MANAGEMENT TECH F $4,446 $4,901 6YVA VOCATIONAL INSTRUCTOR - PER DM $2,876 $5,978 P6WA WATER QUAL CONT OPR I F $4,210 $4,642 P6VB WATER QUAL CONT OPR II F $4,639 $5,115 P6WC WATER QUAL OPR-IN-TRAINING $3,464 $4,211 9KW7 WEATHERIZATION/ HM REPAIR SPEC $3,878 $4,275 GKWA WINDOW WASHER $3,147 $3,469 GP9A WORK PROGRAM AIDE $1,905 $1,905 GKNA WORK PROGRAM CREW LEADER F $4,625 $5,099 July 12, 2016 Contra Costa County Board of Supervisors 315 Job Code Class Title Flex Staff (F) / Deep Class (D)From To VFWG BIOMEDICAL EQUIPMENT TECH I F $5,066 $5,586 VFVD BIOMEDICAL EQUIPMENT TECH II F $5,577 $6,149 CW03 CAL WORKS COMMUNITY HLTH WKR I F $2,491 $3,028 V8VH CARDIAC ULTRASONGRPHR-PER DIEM $10,542 $10,542 V8VG CARDIAC ULTRASONOGRAPHER $6,580 $7,998 V8WD CARDIOLOGY TECHNICIAN I F $3,383 $4,112 V8VC CARDIOLOGY TECHNICIAN II F $3,554 $4,320 VBSK CH HL AND DIS PRV DNT HYG $4,667 $5,672 VHWA CLINICAL LAB SCIENTIST I F $6,632 $6,632 VHVD CLINICAL LAB SCIENTIST II F $6,941 $8,437 VQTB CLINICAL PSYCHOLOGIST D Res # 91/311 $5,179 $7,317 VYSD CLINICAL/DRUG INFOR COORD $7,771 $9,918 VKWC COMMUNITY HEALTH WORKER I F $2,916 $3,215 VKVB COMMUNITY HEALTH WORKER II F $3,251 $3,952 VKV1 COMMUNITY HEALTH WORKER II-PRJ F $3,251 $3,952 VKW1 COMMUNITY HEALTH WORKER I-PRJ F $2,916 $3,215 VKTA COMMUNITY HEALTH WORKER SPEC $3,450 $4,194 VFVB CYTOTECHNOLOGIST $5,895 $7,166 1KSA DIETITIAN $4,521 $5,496 V7WB DISEASE INTERVENTION TECH $4,128 $5,017 V7W1 DISEASE INTERVENTION TECH-PRJ $4,128 $5,017 VQWG DUAL DIAGNOSIS PROG SPEC $4,023 $4,890 VQW5 DUAL DIAGNOSIS PROG SPEC-PRJ $4,023 $4,890 VLKA ENVIRONMENTAL HLTH SPC TRAINEE F $4,653 $5,656 VLWA ENVIRONMENTAL HLTH SPEC I F $5,826 $7,081 VLVA ENVIRONMENTAL HLTH SPEC II F $6,606 $8,030 VL7A ENVIRONMENTAL HLTH TECHNICIAN $4,047 $4,919 6CWA FORENSIC TOXICOLOGIST I F $5,683 $6,266 6CVA FORENSIC TOXICOLOGIST II F $6,188 $7,522 6CTA FORENSIC TOXICOLOGIST III F $7,165 $8,709 ** V4WF HAZARDOUS MATERIAL TECH $4,492 $4,952 ** V4WG HAZARDOUS MATERIALS SPEC I F $5,657 $6,876 ** V4VC HAZARDOUS MATERIALS SPEC II F $6,628 $8,057 VMWD HEALTH ED SPECIALIST $3,825 $4,649 VMW4 HEALTH ED SPECIALIST-PROJECT $3,825 $4,649 VRHB HEALTH PLAN MBR SVCS COORD $4,311 $5,240 V9VE HEALTH PLAN MEMBER SVCS COUNS $3,731 $4,535 VCVC HEALTH PLAN OUTREACH REP $4,128 $5,155 VCVB HEALTH PLAN SALES REP $4,657 $5,661 VHWF HISTOTECHNICIAN $4,788 $5,820 Salary Range July 12, 2016 Contra Costa County Board of Supervisors 316 Job Code Class Title Flex Staff (F) / Deep Class (D)From To Salary Range V9WE HOME ECONOMIST $4,521 $5,496 V8WC JUNIOR RADIOLOGIC TECHNOLOGIST F $5,403 $6,568 VJWA LABORATORY TECHNICIAN I F $3,226 $3,921 VJVA LABORATORY TECHNICIAN II F $3,423 $4,161 VJTA LABORATORY TECHNICIAN III F $3,558 $4,325 V092 LABORATORY TECHNICIAN-PROJECT $3,423 $4,161 VMVD MEDICAL INTERPRETER $4,091 $4,973 VJTB MEDICAL LABORATORY TECHNICIAN $4,639 $5,639 V2WC MH ACTIVITIES SPECIALIST $4,354 $5,293 VQSB MH CLINICAL SPECIALIST F, D Res # 91/311 $4,695 $6,970 VQS2 MH CLINICAL SPECIALIST-PROJECT F $4,594 $6,820 VQ81 MH CLINICAL SPECIALIST-UNLIC-P F $4,594 $6,178 VQV3 MH CLINICAL SUPP WKR II - PROJ F $3,019 $3,669 VQWE MH COMMUNITY SUPPORT WKR I F $2,753 $3,346 VQVB MH COMMUNITY SUPPORT WKR II F $3,019 $3,669 VQW7 MH COMMUNITY SUPRT WKR I-PROJ F $2,753 $3,346 VQSG MH EMPLOYMENT PLACEMENT SPEC $4,035 $4,904 VQWD MH SPECIALIST I F, D Res # 91/311 $3,772 $5,055 VQVA MH SPECIALIST II F, D Res # 91/311 $4,252 $6,009 VQV1 MH SPECIALIST II-PROJECT F $4,161 $5,879 VQW4 MH SPECIALIST I-PROJECT F $3,691 $4,946 VQWF MH VOCATIONAL COUNSELOR I F $4,779 $5,809 VQVC MH VOCATIONAL COUNSELOR II F $5,382 $6,230 VQV2 MH VOCATIONAL COUNSELOR II-PRJ F $5,382 $6,230 VQW6 MH VOCATIONAL COUNSELOR I-PRJ F $4,779 $5,809 1K7B NUTRITION ASSISTANT $3,393 $4,124 V5VG OCCUPATIONAL THERAPIST I F $5,936 $7,215 V5VH OCCUPATIONAL THERAPIST II F $6,522 $7,927 V5VK OCCUPATIONAL THERAPIST-PER DM $8,743 $8,743 VJWB PATHOLOGY TECHNICIAN $3,226 $3,921 VMNA PH LEAD MOBILE CLINIC OPERATOR $3,833 $4,659 VYWA PHARMACIST I $8,370 $9,689 VYTA PHARMACIST II $8,093 $10,329 VYWB PHARMACIST-PER DIEM $13,068 $13,068 VY9B PHARMACY TECHNICIAN $3,323 $4,039 V5VJ PHYS THERAPIST-PER DIEM $8,743 $8,743 V5VE PHYSICAL THERAPIST I F $5,936 $7,215 V5VF PHYSICAL THERAPIST II F $6,522 $7,927 V4SE POLLUTION PREVENTION SPECIALIS $5,382 $6,542 V9W1 PUB HLTH NUTRNST -PROJ $4,769 $5,797 July 12, 2016 Contra Costa County Board of Supervisors 317 Job Code Class Title Flex Staff (F) / Deep Class (D)From To Salary Range VMTA PUBLIC HEALTH LAB TECH-ADV F $3,558 $4,325 VMVC PUBLIC HEALTH LAB TECH-EXP F $3,423 $4,161 VMSC PUBLIC HLTH DENTAL HYGIENIST $4,286 $5,209 VMS1 PUBLIC HLTH DENTAL HYGIENIST-P $4,282 $5,204 V0WA PUBLIC HLTH MICROBIOLOGIST $5,240 $6,066 V9WB PUBLIC HLTH NUTRITIONIST $4,769 $5,797 V5VC RECREATION THERAPIST $4,198 $5,102 VIWA RESP CARE PRACTITIONER I F $5,387 $6,548 VIVA RESP CARE PRACTITIONER II F $6,451 $7,841 VIVB RESP CARE PRACTITIONER-PerDiem $8,436 $8,436 VSVD SPEECH PATHOLOGIST $6,712 $8,158 V5VL SPEECH PATHOLOGIST-PER DIEM $7,809 $7,809 VHNA SR CLINICAL LAB SCIENTIST $7,558 $9,187 VFVC SR CYTOTECHNOLOGIST $6,170 $7,499 V7VB SR DISEASE INTERVEN TECH F $5,012 $6,092 6CTB SR FORENSIC TOXICOLOGIST $7,521 $9,142 VMWE SR HEALTH EDUCATION SPEC $5,334 $6,484 VMW5 SR HEALTH EDUCATION SPEC-PRJ $5,334 $6,484 VQTA SR MENTAL HEALTH COUNSLR D Res # 91/311 $6,752 $6,752 V0TC SR PUBLIC HLTH MICROBIOLOGIST $5,506 $6,692 V9TE SR PUBLIC HLTH NUTRITION $5,245 $6,375 V8VA SR RADIOLOGIC TECHNOLOGIST F $6,464 $7,857 VHVC SUBSTANCE ABUSE COUNSELOR F $4,798 $5,832 VHWE SUBSTANCE ABUSE COUNSELOR TRN F $2,830 $3,440 VHV3 SUBSTANCE ABUSE COUNSELOR-PRJ $4,798 $5,832 VHTC SUBSTANCE ABUSE LD COUNSELOR $5,127 $6,232 VHT1 SUBSTANCE ABUSE LD COUNSELOR-P $5,127 $6,232 V5WF THERAPY ASSISTANT F $4,793 $5,826 V5WH THERAPY ASSISTANT-PER DIEM $6,145 $6,145 V8VD ULTRASOUND TECHNOLOGIST I F $7,250 $7,994 V8TB ULTRASOUND TECHNOLOGIST II F $7,200 $8,752 V4WC VECTOR CONTROL TECHNICIAN $3,046 $3,702 July 12, 2016 Contra Costa County Board of Supervisors 318 ATTACHMENT B Teamsters, Local 856 MEDICAL PLANS July 1, 2016 through June 30, 2019 Coverage Offered The County offers the following Plans: Contra Costa Health Plans (CCHP), Kaiser Permanente, Health Net Co-Pays and Co-Insurance The health plan Co-Pays and Co-Insurance are as follows: CCHP A: $0 Office Visit in the RMC Network $0 Preferred Generic RX $0 Preferred Brand RX $0 Non-Preferred Brand RX CCHP B: $0 Office Visit in the RMC Network $5 Office Visit in the CPN Network $3 Preferred Generic RX $3 Preferred Brand RX $3 Non-Preferred Brand RX KAISER PERMANENTE PLAN A: $10 Office Visit $10 Preferred Generic RX $20 Preferred Brand RX $20 Non-Preferred Brand RX $10 Emergency Room KAISER PERMANENTE PLAN B: $500 Deductible Per Person $1000 Deductible Per Family $20 Office Visit Copay (not subject to deductible) $20 Urgent Care Copay (not subject to deductible) $10 Lab & X-ray Copay (not subject to deductible) $10 Preferred Generic RX $30 Preferred Brand RX $30 Non-Preferred Brand RX 10% Co-Insurance After Deductible for Inpatient Hospital, Outpatient Surgical and Emergency Room $3000/Person and $6000/Family Annual Out of Pocket Maximum July 12, 2016 Contra Costa County Board of Supervisors 319 ATTACHMENT B TEAMSTERS 856 TRUST FUND $0 Office Visit in the Kaiser Permanente Network KP HEALTH PLAN: $0 Inpatient and Outpatient Services $15 Generic/Preferred/Non-Preferred RX $35 Emergency Room Co-Pay (Waived if admitted) KAISER PERMANENTE HDHP: $1500 Deductible Per Person $3000 Deductible Per Family 10% Office Visit Coinsurance (After Deductible) 10% Urgent Care Coinsurance (After Deductible) 10% Lab & X-Ray Coinsurance (After Deductible) $10 Generic Rx (After Deductible) $30 Brand-Name Rx (After Deductible) 10% Inpatient Hospitalization Coinsurance (After Deductible) 10% Outpatient Surgery & ER Coinsurance (After Deductible) $3000/Person and $6000/Family Annual Out of Pocket Maximum HEALTH NET HMO Plan A: $10 Office Visit $10 Preferred Generic RX $20 Preferred Brand RX $35 Non-Preferred Brand or Generic RX $25 Emergency Room Co-Pay HEALTH NET HMO Plan B: $20 Office Visit $50 Urgent Care Visit $1000 Inpatient Hospital Co-pay $500 Out-Patient Surgery Co-pay $100 Emergency Room Co-pay $10 Preferred Brand RX $20 Non-Preferred Brand RX $35 Non-Preferred Brand or Generic RX $2000/Person and $6000/Family Annual Out of Pocket Maximum HEALTH NET PPO Plan A: $10 Office Visit in network $5 Preferred Generic RX $5 Preferred Brand RX $5 Non-Preferred Brand or Generic RX $50 Emergency Room Co-Pay + 10% Co-Insurance (Co-Pay waived if admitted) July 12, 2016 Contra Costa County Board of Supervisors 320 ATTACHMENT B HEALTH NET PPO Plan B (*): $500 Deductible Per Person $1500 Deductible Per Family $20 Office Visit in network 80% / 20% For Most In-Network Benefits 60% / 40% For Most Out-of-Network Benefits $10 Preferred Generic RX $20 Preferred Brand RX $35 Non-Preferred Brand or Generic RX $100 Emergency Room Co-Pay + 20% Co-Insurance (Co-Pay waived if admitted) * This plan will be eliminated for all employees beginning January 1, 2018. July 12, 2016 Contra Costa County Board of Supervisors 321 PROJECT POSITIONS Teamsters, Local 856 and the County have met and conferred in good faith regarding wages, hours and other terms and conditions of employment for employees in project classes which except for the project designation would be represented by Teamsters, Local 856. For example, Community Health Worker I is represented by Teamsters, Local 856, therefore, it has been agreed that Community Health Worker I - Project will also be represented by Teamsters, Local 856. Other Project classes that are not readily identifiable as properly included in bargaining units represented by Teamsters, Local 856 shall be assigned to bargaining units in accordance with the provisions of Board of Supervisors Resolution 81/1165. The Union and the County understand that the meet and confer process with respect to the conditions of employment for project classifications is unique and therefore differs from other regular classes represented by Teamsters, Local 856 in the following respects: 1. Project employees are not covered by the Merit System; 2. Project employees may be separated from service at any time without regard to the provisions of this Memorandum of Understanding, without right of appeal or hearing or recourse to the grievance procedure specified herein; and 3. Any provisions of this Memorandum of Understanding which pertains to layoff or seniority are not applicable to project employees. July 12, 2016 Contra Costa County Board of Supervisors 322 Special Pays for Permanent-Intermittent Employees All Units Type of Pay (Pay Code) MOU Section County Overtime (OPT) Section 7.1 FLSA Overtime (OTF) None Hazard Pay (HZ2) Section 44 Jury Duty-Scheduled Work Day (JRY) Section 18.H Longevity (L05) Section 5 Military Leave (MLX) Section 17.4 Negotiations Time Off (T03) Section 4 Shift Differential Pay at 5% (SH2) Section 10 Sick Leave Hours Taken (SCK, SCK-2BS, SCK-2FS, SCK-2RS, SCK-CAT, SCK-FML) Section 43 Vacation Hours Taken (VAC, VAC-1, VAC-FML) Section 43 Unit Specific 1. Attendant-LVN-Aide Unit (Section 54.1) Type of Pay (Pay Code) MOU Section Applicable Job Title(s) Applicable Assigned Org (Org#) LVN Weekend Shift Bonus (B25) 54.1.G Charge Pay (D47) 54.1.M 1. Licensed Vocational Nurse-PI (VT7G) 2. Psychiatric Technician-PI (VQWB) Hospital & Clinics (0540) Stat Call- Code Gray 10% Differential if No Hazard Pay(D91) 54.1.D Hospital & Clinics (0540) Stat Call- Code Gray 10% Differential in addition to Hazard Pay (D92) 54.1.D 1. Emergency (6383) 2. Psychiatric Emergency (6381) 3. Psychiatric Unit (6313) 5p.m.-9p.m. Shift Pay 7.5% (SH3) 54.1.C.2 Hospital Nursing Service, incl. Sterile Processing 11p.m.-8a.m. Shift Pay 10% (SH4) 54.1.C.2 Hospital Nursing Service, incl. Sterile Processing July 12, 2016 Contra Costa County Board of Supervisors 323 Double Shift Premium (SHC) 54.1.K Detention Facility Assignment Pay (HZ3) 54.1.F 1. West County Detention (2580) 2. Martinez Detention (2578) 3. Marsh Creek Detention (2585) 4. Juvenile Hall (3120) 5. Byron Boys Center (3160) 6. Martinez Detention Infirmary (5700) 7. West County Detention Infirmary (5701) 8. Juvenile Hall Nursing (5702) 9. Detention Mental Health Martinez (5710) 10. Detention Mental Health West Co. (5711) 2. General Services and Maintenance Unit (Section 54.2) Type of Pay (Pay Code) MOU Section Applicable Job Title(s) Assigned Org (Org#) Relief Cook (B73) Sec. 54.2.I.8 1. Institutional Services Worker-Generalist (1KVD) 2. Institutional Services Worker- Specialist (1KVE) CCRMC (6502) Relief Pay(B97) Deep Class Res. 88/61512 Institutional Services Worker-Generalist (1KVD) Stat Call- Code Gray 10% Differential in addition to Hazard Pay (D92) 54.1.D. 1. Emergency (6383) 2. Psychiatric Emergency (6381) 3. Psychiatric Unit (6313) Custodian Work Training Juvenile Program (E31) 54.2.D.3. Custodian I (GK7A) July 12, 2016 Contra Costa County Board of Supervisors 324 Tower Climbing (E70) 54.2.E. Communications Equipment Specialist (PEWF) Materials Technician (91VC) Telecommunication Specialist I (PEWL) Telecommunications Specialist II (PEVA) Radio Communications Unit (4285) Detention Facility Assignment Pay (HZ3) 54.2.D.5. Classes: Cook (1KWA) Lead Cook (1KTA) Stationary Engineer (GWVC) Detention Services Aide (64WG) Detention Services Worker (64VD) Lead Detention Services Worker (64TB) Custodian I & II (GK7A & GKWB) Institutional Services Aide (1KWC) Institutional Services Worker-generalist (1KVD) Institutional Services Worker-Lead (1KVF) 1. West County Detention (2580) 2. Martinez Detention (2578) 3. Marsh Creek Detention (2585) 4. Juvenile Hall (3120) 5. Byron Boys Center (3160) 6. Martinez Detention Infirmary (5700) 7. West County Detention Infirmary (5701) 8. Juvenile Hall Nursing (5702) 9. Detention Mental Health Martinez (5710) 10. Detention Mental Health West Co. (5711) 3. Health Services Unit (Section 54.3) Type of Pay (Pay Code) MOU Section Applicable Job Title(s) Assigned Org (Org#) MH Weekend Shift Bonus (B15) 54.3.F.3. 1. MH Activities Specialist (V2WC) 2. MH Clinical Specialist (VQSB) 3. MH Clinical Specialist- Project (VQS2) 4. MH Clinical Specialist- Unlic.-Project (VQ81) 5. MH Community Support Worker I, II (VQWE, VQVB) 6. MH Community Support July 12, 2016 Contra Costa County Board of Supervisors 325 Worker I-Project (VQW7) 7. MH Employment Placement Specialist (VQSG) 8. MH Specialist I, II (VQWD, VQVA) 9. MH Specialist I,II-Project (VQV1, VQW4) 10. MH Vocational Counselor I, II (VQWF, VQVC) 11. MH Vocational Counselor I,II-Project (VQW6, VQV2) Clinical Lab Charge Pay (D43) 54.3.D. Clinical Lab Scientist II (VHVD) Special Procedure Pay- Angiogram (D51) 54.3.I.3. 1. Sr. Radiologic Technologist (V8VA) 2. Jr. Radiologic Technologist (V8WC) 3. Ultrasound Technologist I, II (V8VD, V8TB) Special Procedure Pay- Mammogram & CT Scan (D52) 54.3.I.2. 1. Sr. Radiologic Technologist (V8VA) 2. Jr. Radiologic Technologist (V8WC) MH Assigned Lead (E18) 54.3.F.4. 1. MH Specialist II (VQVA) 2. Sr. Mental Health Counselor (VQTA) 3. Clinical Psychologist (VQTB) 4. MH Clinical Specialist (VQSB) Cardio Pulmonary On Call (N17) 54.3.H.3 1. Respiratory Care Practitioner I, II (VIWA, VIVA) 2. Cardiac Ultrasonographer (V8VG) On Call (N15) 9, 54.3.I. 1. Ultrasound Technologist I, II (V8VD,V8TB) 2. Radiologic Technologist. Sr. & Jr. (V8VA, V8WC) Call Back (N35) 8, 54.3 1. Respiratory Care Practitioner I, II (VIWA, VIVA) July 12, 2016 Contra Costa County Board of Supervisors 326 2. Cardiac Ultrasonographer (V8VG) 3. Ultrasound Technologist I, II (V8VD,V8TB) 4. Radiologic Technologist. Sr. & Jr. (V8VA, V8WC) Shift Differential Pay at 10% (SNS) 54.3.H.4 Respiratory Care Practitioner I, II (VIWA, VIVA) HS Unit Education Leave Hours (T06) 54.3 (various) July 12, 2016 Contra Costa County Board of Supervisors 327 Special Pays for Temporary Employees All Units Type of Pay (Pay Code) MOU Section County Overtime (OPT) Sec. 7.1 FLSA Overtime (OTF) None Hazard Pay (HZ2) Section 44 Paid Time Off (PTO, PTO-FML)) Section 49.5 Shift Differential Pay at 5% (SH2) Sec. 10 Unit Specific 1. Attendant-LVN-Aide Unit (Section 54.1) Type of Pay (Pay Code) MOU Section Applicable Job Title(s) Applicable Assigned Org (Org#) 5p.m.-9p.m. Shift Pay 7.5% (SH3) 54.1.C.2 Hospital Nursing Service, incl. Sterile Processing 11p.m.-8a.m. Shift Pay 10% (SH4) 54.1.C.2 Hospital Nursing Service, incl. Sterile Processing Double Shift Premium (SHC) 54.1.K 2. Health Services Unit (Section 54.3) Type of Pay (Pay Code) MOU Section Applicable Job Title(s) Assigned Org (Org#) Shift Differential Pay at 10% (SNS) 54.3.H.4 Respiratory Care Practitioner I, II (VIWA, VIVA) Cardio Pulmonary On Call (N17) 54.3.H.3 1. Respiratory Care Practitioner I, II (VIWA, VIVA) 2. Cardiac Ultrasonographer (V8VG) On Call (N15) 9, 54.3.I. 1. Ultrasound Technologist I, II (V8VD,V8TB) 2. Radiologic Technologist. Sr. & Jr. (V8VA, V8WC) Call Back (N35) 8, 54.3 1. Respiratory Care Practitioner I, II (VIWA, VIVA) 2. Cardiac Ultrasonographer (V8VG) 3. Ultrasound Technologist I, II (V8VD,V8TB) 4. Radiologic Technologist. Sr. & Jr. (V8VA, V8WC) July 12, 2016 Contra Costa County Board of Supervisors 328 Special Pays for Per Diem Employees All Units Type of Pay (Pay Code) MOU Section County Overtime (OPT) Section 7.1 FLSA Overtime (OTF) None Shift Differential Pay at 5% (SH2) Section 10 Unit Specific 1. Attendant-LVN-Aide Unit (Section 54.1) Type of Pay (Pay Code) MOU Section Applicable Job Title(s) Applicable Assigned Org (Org#) 5p.m.-9p.m. Shift Pay 7.5% (SH3) 54.1.C.2. Hospital Nursing Service, incl. Sterile Processing 11p.m.-8a.m. Shift Pay 10% (SH4) 54.1.C.2. Hospital Nursing Service, incl. Sterile Processing Double Shift Premium (SHC) 54.1.K. Hazard Pay (HZ2) 44 1. Conservatorship (0451) 2. Inmate Library Services (2490) 3. Detention Transportation (2575) 4. County Parole Program (2577) 5. Martinez Detention (2578) 6. West County Detention (2580) 7. Marsh Creek Detention (2585) 8. AB109 Program (2588) 9. Martinez Detention Infirmary (5700) 10. West County Detention Infirmary (5701) 11. Juvenile Hall Nursing (5702) 12. Detention Mental Health Martinez (5710) 13. Detention Mental Health West County (5711) 14. Youth Mental Health (5951) 15. West County Adult Mental Health (5974) 16. Psychiatric Unit (6313) July 12, 2016 Contra Costa County Board of Supervisors 329 17. Psychiatric Emergency (6381) 18. Emergency (6383) 19. Hospital Admission Martinez (6553) 20. Outpatient Registration (6570) 2. General Services and Maintenance Unit (Section 54.2) Type of Pay (Pay Code) MOU Section Applicable Job Title(s) Assigned Org (Org#) Hazard Pay (HZ2) 44 1. Conservatorship (0451) 2. Inmate Library Services (2490) 3. Detention Transportation (2575) 4. County Parole Program (2577) 5. Martinez Detention (2578) 6. West County Detention (2580) 7. Marsh Creek Detention (2585) 8. AB109 Program (2588) 9. Martinez Detention Infirmary (5700) 10. West County Detention Infirmary (5701) 11. Juvenile Hall Nursing (5702) 12. Detention Mental Health Martinez (5710) 13. Detention Mental Health West County (5711) 14. Youth Mental Health (5951) 15. West County Adult Mental Health (5974) 16. Psychiatric Unit (6313) 17. Psychiatric Emergency (6381) 18. Emergency (6383) 19. Hospital Admission Martinez (6553) 20. Outpatient Registration (6570) July 12, 2016 Contra Costa County Board of Supervisors 330 3. Health Services Unit (Section 54.3) Type of Pay (Pay Code) MOU Section Applicable Job Title(s) Assigned Org (Org#) Shift Differential Pay at 10% (SNS) 54.3.H.4 . Respiratory Care Practitioner I, II (VIWA, VIVA) Cardio Pulmonary On Call (N17) 54.3.H.3 1. Respiratory Care Practitioner I, II (VIWA, VIVA) 2. Cardiac Ultrasonographer (V8VG) On Call (N15) 9, 54.3.I. 1. Ultrasound Technologist I, II (V8VD,V8TB) 2. Radiologic Technologist. Sr. & Jr. (V8VA, V8WC) Call Back (N35) 8, 54.3 1. Respiratory Care Practitioner I, II (VIWA, VIVA) 2. Cardiac Ultrasonographer (V8VG) 3. Ultrasound Technologist I, II (V8VD,V8TB) 4. Radiologic Technologist. Sr. & Jr. (V8VA, V8WC) Hazard Pay (HZ2) 44 1. Conservatorship (0451) 2. Inmate Library Services (2490) 3. Detention Transportation (2575) 4. County Parole Program (2577) 5. Martinez Detention (2578) 6. West County Detention (2580) 7. Marsh Creek Detention (2585) 8. AB109 Program (2588) 9. Martinez Detention Infirmary (5700) 10. West County Detention Infirmary (5701) 11. Juvenile Hall Nursing (5702) 12. Detention Mental Health Martinez (5710) 13. Detention Mental Health West County (5711) 14. Youth Mental Health (5951) 15. West County Adult Mental Health (5974) July 12, 2016 Contra Costa County Board of Supervisors 331 16. Psychiatric Unit (6313) 17. Psychiatric Emergency (6381) 18. Emergency (6383) 19. Hospital Admission Martinez (6553) 20. Outpatient Registration (6570) July 12, 2016 Contra Costa County Board of Supervisors 332 HEALTH SERVICES ASSIGNMENT/SHIFT PROCESS REOPENER Upon request of the Union, during the term of this MOU, the County agrees to meet with the Union to explore the feasibility of implementing a process for the Health Services Department to 1) offer permanent employees the opportunity to request a change in assignment and/or shift when the Department has a need to fill an assignment and/or shift before using a temporary or per diem employee or registry staff to fill the assignment and/or shift, and 2) consider a temporary employee’s length of employment in the Department when using a temporary employee to fill an assignment and/or shift. July 12, 2016 Contra Costa County Board of Supervisors 333 ATTACHMENT H July 12, 2016 Contra Costa County Board of Supervisors 334 ATTACHMENT H July 12, 2016 Contra Costa County Board of Supervisors 335 ATTACHMENT I 1 of 1July 12, 2016 Contra Costa County Board of Supervisors 336 ATTACHMENT J July 12, 2016 Contra Costa County Board of Supervisors 337 ATTACHMENT J July 12, 2016 Contra Costa County Board of Supervisors 338 TEAMSTERS’ DRIVE PROGRAM The County will provide payroll deductions for those members who voluntarily elect to participate in the Teamster DRIVE program (civic engagement for voter registration and political education). July 12, 2016 Contra Costa County Board of Supervisors 339 ATTACHMENT L July 12, 2016 Contra Costa County Board of Supervisors 340 ATTACHMENT M 1 of 1July 12, 2016 Contra Costa County Board of Supervisors 341 ATTACHMENT N 1 of 1July 12, 2016 Contra Costa County Board of Supervisors 342 ATTACHMENT O 1 of 1July 12, 2016 Contra Costa County Board of Supervisors 343 ATTACHMENT P July 12, 2016 Contra Costa County Board of Supervisors 344 ATTACHMENT Q 1 of 2July 12, 2016 Contra Costa County Board of Supervisors 345 2 of 2 ATTACHMENT Q July 12, 2016 Contra Costa County Board of Supervisors 346 ATTACHMENT R 1 of 1 July 12, 2016 Contra Costa County Board of Supervisors 347 ATTACHMENT S Page 1 of 3July 12, 2016 Contra Costa County Board of Supervisors 348 ATTACHMENT S July 12, 2016 Contra Costa County Board of Supervisors 349 ATTACHMENT S July 12, 2016 Contra Costa County Board of Supervisors 350 ATTACHMENT T July 12, 2016 Contra Costa County Board of Supervisors 351 ATTACHMENT T July 12, 2016 Contra Costa County Board of Supervisors 352 ATTACHMENT T July 12, 2016 Contra Costa County Board of Supervisors 353 ATTACHMENT T July 12, 2016 Contra Costa County Board of Supervisors 354 ATTACHMENT T July 12, 2016 Contra Costa County Board of Supervisors 355 ATTACHMENT T July 12, 2016 Contra Costa County Board of Supervisors 356 ATTACHMENT UJuly 12, 2016Contra Costa County Board of Supervisors357 ATTACHMENT UJuly 12, 2016Contra Costa County Board of Supervisors358 ATTACHMENT UJuly 12, 2016Contra Costa County Board of Supervisors359 ATTACHMENT UJuly 12, 2016Contra Costa County Board of Supervisors360 ATTACHMENT UJuly 12, 2016Contra Costa County Board of Supervisors361 ATTACHMENT UJuly 12, 2016Contra Costa County Board of Supervisors362 ATTACHMENT UJuly 12, 2016Contra Costa County Board of Supervisors363 ATTACHMENT UJuly 12, 2016Contra Costa County Board of Supervisors364 ATTACHMENT UJuly 12, 2016Contra Costa County Board of Supervisors365 ATTACHMENT UJuly 12, 2016Contra Costa County Board of Supervisors366 TEAMSTERS, LOCAL 856 SUBJECT INDEX Accrual During Leave Without Pay (Sick Leave) .......................................................... 47 Accrual During Leave Without Pay (Vacation Leave) .................................................. 38 Administration of Sick Leave ........................................................................................ 42 Adoption ..................................................................................................................... 100 Advance Notice .............................................................................................................. 8 Agency Shop .................................................................................................................. 4 Agency Shop (Temporary Employees) ........................................................................ 95 Americans with Disabilities Act (ADA) ............................................................................ 8 Anniversary Dates ........................................................................................................ 10 Attendance at Meetings ................................................................................................. 9 Attendant-LVN-Aide Unit ............................................................................................ 101 Automated Time Keeping ............................................................................................. 19 Bilingual Pay ................................................................................................................ 84 Bridged Service Time ................................................................................................... 38 Call Back Time Pay ...................................................................................................... 21 Catastrophic Leave Bank ............................................................................................. 48 Classes With Probationary Period Over Six / Nine Months .......................................... 67 Coerced Resignations .................................................................................................. 75 Communicating With Employees ................................................................................... 7 Commuter Benefit Program ......................................................................................... 88 Compensation Complaints ........................................................................................... 83 Compensation for Loss or Damage to Personal Property ............................................ 92 Compensation for Portion of Month ............................................................................. 12 Compensatory Time ..................................................................................................... 20 Competitive Exam ........................................................................................................ 70 Constructive Resignation ............................................................................................. 75 Coverage During Absences ......................................................................................... 67 Credits to and Charges Against Sick Leave ................................................................. 39 Days and Hours of Work .............................................................................................. 18 Deferred Compensation – Special Benefits ................................................................. 16 Deferred Compensation – Loan Provisions.................................................................. 17 Dependent Care Assistance Program .......................................................................... 66 Detention Facility Meals ............................................................................................... 92 Disability ....................................................................................................................... 43 Dismissal, Suspension, Temporary Reduction In Pay, and Demotion ......................... 76 Dual Coverage ............................................................................................................. 64 Dues Deduction .............................................................................................................. 4 Dues Form ..................................................................................................................... 6 Duration of Agreement ............................................................................................... 100 July 12, 2016 Contra Costa County Board of Supervisors 367 Effective Resignation ................................................................................................... 75 Employee Representation Rights ................................................................................. 79 Entrance Salary ............................................................................................................ 10 Expedited Board of Adjustment (Step 5) ...................................................................... 81 Fair Labor Standards Act Provisions .......................................................................... 100 Family Care Leave or Medical Leave ........................................................................... 53 Family Member Eligibility Criteria ................................................................................. 63 Flexible Staffing ............................................................................................................ 89 Furlough Days Without Pay (VTO) ............................................................................... 52 General Administration – Leaves of Absence .............................................................. 51 General Services and Maintenance Unit .................................................................... 109 General Wages ............................................................................................................ 10 Grievance Procedure ................................................................................................... 79 Grievance Procedure (Temporary Employees) ............................................................ 97 Group Health Plan Coverage ....................................................................................... 55 Harassment .................................................................................................................. 92 Hazard Pay .................................................................................................................. 93 Health Care Spending Account .................................................................................... 66 Health Benefit Coverage for Employees Not Otherwise Covered ................................ 67 Health Examination ...................................................................................................... 94 Health Plan Coverages ................................................................................................ 58 Health Plan Coverages and Provisions ........................................................................ 63 Health Plan Participants ............................................................................................... 66 Health Services Unit ................................................................................................... 115 Holiday and Compensatory Time Provisions ............................................................... 33 Holidays and Personal Holiday Credit .......................................................................... 28 Holiday is Observed (Not Worked) ............................................................................... 29 Holiday is WORKED .................................................................................................... 31 Holidays ....................................................................................................................... 30 Increments Within Range ............................................................................................. 11 Involuntary Reassignment Procedure .......................................................................... 73 Joint Labor/Management Benefit Committee ............................................................... 60 Jury Duty ...................................................................................................................... 57 Layoff During Probation ............................................................................................... 69 Layoff Notice ................................................................................................................ 69 Length of Suspension .................................................................................................. 78 Leave of Absence ........................................................................................................ 51 Leave of Absence Replacement and Reinstatement ................................................... 56 Leave of Absence Return ............................................................................................. 56 Leave Without Pay ....................................................................................................... 51 Leave Without Pay – Use of Accruals .......................................................................... 55 Length of Service Definition (For Service Awards and Vacation Accruals) .................. 92 Life Insurance Benefit Under Health and Dental Plans ................................................ 65 Longevity ...................................................................................................................... 10 Lunch Period ................................................................................................................ 94 July 12, 2016 Contra Costa County Board of Supervisors 368 Maintenance of Membership .......................................................................................... 6 Medical, Dental & Life Insurance ................................................................................. 58 Medical Plan Cost Sharing with Active Employees ...................................................... 64 Merit Board ................................................................................................................... 83 Mileage ......................................................................................................................... 88 Military Leave ............................................................................................................... 52 Monthly Premium Subsidy............................................................................................ 59 No Discrimination/Americans With Disabilities Act (ADA) .............................................. 8 On-Call Duty ................................................................................................................. 22 Open Exam .................................................................................................................. 70 Overtime and Compensatory Time .............................................................................. 19 Paid Time Off (Temporary Employees) ........................................................................ 97 Part-Time Compensation ............................................................................................. 12 Pay for Work in Higher Classification ........................................................................... 14 Pay Warrant Errors ...................................................................................................... 89 Performance Evaluation Procedure ............................................................................. 87 Permanent-Intermittent Employees .............................................................................. 34 Permanent-Intermittent Employee Special Pays and Benefits ..................................... 93 Permanent Part-Time Employee Benefits .................................................................... 93 Personnel Files ............................................................................................................ 90 Personnel Management Regulations ......................................................................... 100 PERS Long-Term Care ................................................................................................ 66 Policies Governing the Use of Paid Sick Leave ........................................................... 39 Position Hours Adjustment ........................................................................................... 94 Position Reclassification .............................................................................................. 12 Pregnancy Disability Leave .......................................................................................... 55 Premium Conversion Plan ........................................................................................... 66 Prevailing Section ........................................................................................................ 66 Probationary Period ..................................................................................................... 67 Promotion ..................................................................................................................... 70 Promotion Policy .......................................................................................................... 70 Promotion via Reclassification Without Examination ................................................... 70 Purpose of Sick Leave ................................................................................................. 39 Rate Information........................................................................................................... 67 Reassignment Due to Layoff or Displacement ............................................................. 74 Reassignment of Laid Off Employees .......................................................................... 27 Rehabilitation Program ................................................................................................. 47 Reimbursement for Meal Expenses ............................................................................. 91 Reinstatement From Family Care/Medical Leave ........................................................ 56 Reimbursement for Use of Personal Vehicle ............................................................... 88 Rejection During Probation .......................................................................................... 68 Rejection During Probation of Layoff Employee........................................................... 69 Release Time for Examinations ................................................................................... 71 Release Time for Physical Examination ....................................................................... 71 Resignation in Good Standing ..................................................................................... 75 July 12, 2016 Contra Costa County Board of Supervisors 369 Resignations ................................................................................................................ 75 Rest Breaks .................................................................................................................. 94 Retirement Contribution ............................................................................................... 84 Retirement Coverage ................................................................................................... 60 Revised Probationary Period ........................................................................................ 68 Revocation ................................................................................................................... 75 Safety in the Workplace ............................................................................................. 101 Safety Shoes and Prescription Safety Eyeglasses ...................................................... 86 Salaries ........................................................................................................................ 10 Salary Increments Within Range (Temporary Employees) .......................................... 96 Salary on Involuntary Demotion ................................................................................... 13 Salary on Promotion ..................................................................................................... 13 Salary on Transfer ........................................................................................................ 14 Salary on Voluntary Demotion...................................................................................... 14 Salary Reallocation & Salary on Reallocation .............................................................. 12 Salary Review While on Leave of Absence ................................................................. 56 Scope of Agreement .................................................................................................. 100 SDI Informational Meetings .......................................................................................... 51 Seniority Credits ........................................................................................................... 70 Separability of Provisions ........................................................................................... 100 Separation Through Layoff ........................................................................................... 24 Service Awards ............................................................................................................ 91 Shift Differential ............................................................................................................ 22 Shop Stewards & Official Representatives ..................................................................... 9 Sick Leave .................................................................................................................... 39 Skelly Requirements .................................................................................................... 77 Special Employment Lists ............................................................................................ 27 State Disability Insurance (SDI) ................................................................................... 49 Straight Time Pay and Straight Time Compensatory Time .......................................... 21 Strike/Work Stoppage .................................................................................................. 83 Supplemental Life Insurance ........................................................................................ 66 Temporary Employees ................................................................................................. 95 Time Limits (Grievance Procedure) .............................................................................. 83 Time Reporting/Time Stamping ................................................................................... 19 Timely Progressive Discipline ...................................................................................... 79 Training Reimbursement .............................................................................................. 85 Transfer & Reassignment ............................................................................................ 71 Transfer Policy ............................................................................................................. 71 Unauthorized Absence ................................................................................................. 57 Unfair Labor Practice ................................................................................................... 92 Union Recognition .......................................................................................................... 4 Union Representatives ................................................................................................... 9 Union Security ................................................................................................................ 4 Union-Sponsored Training Programs ............................................................................. 9 Unit Items ................................................................................................................... 101 Union Notification (Grievance Procedure) .................................................................... 83 Use of County Buildings ................................................................................................. 7 July 12, 2016 Contra Costa County Board of Supervisors 370 Vacation Accrual Rates ................................................................................................ 35 Vacation Allowance ...................................................................................................... 34 Vacation Allowance for Separated Employees ............................................................ 38 Vacation Leave ............................................................................................................ 34 Vacation Leave on Reemployment From a Layoff List................................................. 35 Vacation Preference ..................................................................................................... 38 Voluntary Reassignment (Bidding) Procedure ............................................................. 72 Wages .......................................................................................................................... 10 Withdrawal of Membership............................................................................................. 6 Witness Duty ................................................................................................................ 58 Work Hours (Temporary Employees) ........................................................................... 97 Workers’ Compensation ............................................................................................... 45 Workforce Reduction/Layoff/Reassignment ................................................................. 23 Written Statement for New Employees .......................................................................... 8 July 12, 2016 Contra Costa County Board of Supervisors 371 RECOMMENDATION(S): ADOPT Resolution No. 2016/446 approving the Memorandum of Understanding with AFSCME 512, for the period of July 1, 2016 through June 30, 2019; and PROVIDE hazard pay differential to employees #65172 and #45543 to the date it was discontinued while working in Org No. 6553 or Org No. 6381. FISCAL IMPACT: The estimated cost of the negotiated contract is $1.23 million for FY 2016/17; $2.07 million for FY 2017/18; and 2.9 million for FY 2018/19. BACKGROUND: AFSCME Local 512 (Local 512) began bargaining with Contra Costa County on April 13, 2016. A Tentative Agreement was reached between the County and Local 512 on June 24, 2016 and ratified on June 30, 2016. The resulting Memorandum of Understanding (MOU), which is attached, includes modifications to wages and benefits. In summary, those changes include: Duration of Agreement - Section 56 The term of the agreement is July 1, 2016 through June 30, 2019. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/12/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I Supervisor Contact: Lisa Driscoll, County Finance Director (925) 335-1023 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 12, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Lisa Lopez, Assistant Director of Human Resources, Harjit S. Nahal, Assistant County Auditor, Ann Elliott, Employee Benefits Manager D. 8 To:Board of Supervisors From:David Twa, County Administrator Date:July 12, 2016 Contra Costa County Subject:Memorandum of Understanding with AFSCME Local 512 July 12, 2016 Contra Costa County Board of Supervisors 372 BACKGROUND: (CONT'D) > General Wages - Section 5.1 Effective July 1, 2016, or the first of the month following ratification, whichever is later, the base rate of pay will be increased by four percent (4%). In addition, the base rate of pay for classification of Ambulatory Care Clinic Coordinator (VAHB) and the classifications in the Engineering Technicians Unit (KL) will be increased by an additional two and one-half percent (2.5%). Effective July 1, 2017, the base rate of pay will be increased by three percent (3%). Effective July 1, 2018, the base rate of pay will be increased by three percent (3%). Wage increases in Section 5.1.A will not apply to the classification of Ex Customer Services Supervisor (X7HE). Deletes section regarding Lump Sum Payment. Effective July 1, 2016, performance pay steps will be converted to merit pay steps for classifications with performance pay steps. Union Security – Section 2.6 Increases the amount of time the Union is afforded for presentations during new employee orientations, from fifteen (15) minutes to thirty (30) minutes. Deletes provision that references Section 18 of the 1977/79 MOU. Overtime and Compensatory Time - Overtime and Straight Time Compensatory Time – Section 7.3 Revises language to clarify that employees do not need to re-elect compensatory time each year. Revises language to require new employees (including those demoted/promoted, etc.) hired after May 31 of each year to wait until the next fiscal year to select compensatory time. Vacation and Paid Personal Leave – Section 13 Adjusts the vacation accrual rates for employees in the Property Appraiser Unit and Clerical Supervisory Unit. Sick Leave - Section 14 Deletes sick leave buy-back provision. Deletes section regarding Disability Insurance Review Committee. State Disability Insurance - Section 16 Updates section to clarify that the County’s participation in the State Disability Insurance (SDI) program is subject to the rules and procedures established by the State of California. Health, Life & Dental Care – Section 20 Incorporates the Health Care Re-Opener Side Letter dated October 6, 2015. Updates Attachment B (Medical/Dental Plans) and includes reference to Attachment B in section. Probationary Periods Over Six (6)/Nine (9) Months – Section 21.2 Deletes “Appraiser Aide” class from provision. Grievance Procedure – Section 26 Removes references to “Human Resources Director” and replaces with “Employee Relations Officer or his/her designee.” Adds language to clarify that the time limit for discipline appeals is governed by Section 25.6 (Procedure on Dismissal, Suspension, or Demotion ). Bilingual Pay – Section 27 Updates bilingual pay amount to one hundred dollars ($100.00). Retirement Contribution – Section 28 Deletes language regarding Safety Employees Retirement – Tier D – Employees hired or re-hired after December 31, 2012. Reimbursement for Meals - Section 29.3 July 12, 2016 Contra Costa County Board of Supervisors 373 Reimbursement for Meals - Section 29.3 Revises language to refer to Administrative Bulletin on expense reimbursement. Safety and Safety Equipment Reimbursement – Section 31.2 Revises the amount of reimbursement for the purchase and repair of safety shoes from one hundred sixty dollars ($160.00) to two hundred seventy-five dollars ($275.00) for every two year period. Removes the one pair per year limitation for prescription safety glasses. Mileage – Section 32 Revises language to refer to Administrative Bulletin regarding expense reimbursement. Adds new section regarding Commuter Benefit Program. Permanent-Intermittent Health Plan - Section 44 Deletes section regarding health plan for permanent-intermittent employees. Provisional Employee Benefits - Section 45 Deletes section regarding provisional employee benefits. Student Worker/Administrative Intern – Section 46.1.C Changes references to “Student Worker/Administrative Intern” to “Student Intern.” Word Processing VDT Differentials – Section 47 Removes references to “VDT” (Video Display Terminal) and replaces with “CVC” (Computer Vision Care). Rotational Advisory Committee - Section 48.1 Revises language to make consistent with current practice. Classification Studies – Section 49 Deletes section regarding review of Clerical Supervisor positions in which Office Manager duties are allegedly being performed. Sheriff’s Department Shift and Holiday Agreement - Section 50 Deletes section regarding the shift and holiday agreement for the Services Division in the Sheriff Department. New Section – Hazard Pay – Section 50 Provides hazard pay to permanent and part-time employees in the classification of Clerical Supervisor (JWHF) who are eligible to receive hazard pay for those hours worked in Psychiatric Emergency (Org. #6381) and in Hospital Admissions Martinez (Org. #6553). Property Appraiser Unit Special Issues – Section 51 Revises mileage allowance for use of personal vehicles on County business to the rates allowed by the IRS. Deletes provision regarding physical examinations. Removes requirement that the unit’s annual 4/10 summer schedule start on July 1. The updated annual 4/10 schedule will begin when the Assessor declares and end on October 31 each year. Special Studies/Projects/Adjustments - Section 53 Deletes provision regarding the feasibility study of an Ineligible Deferred Compensation Plan. Deletes provision regarding EHSD’s quarterly review of the amount and nature of work of individuals in the Income Maintenance Unit. Deletes provision regarding meetings between EHSD and the Union to discuss the potential impacts future automation could have on the amount and nature of work for the Income Maintenance Unit. Deletes provision regarding a Labor-Management Committee to develop an attendance program. Deletes provision regarding meetings between the County and the Union to discuss performance evaluation on a County-wide basis. Deletes provision regarding meeting and conferring with representatives from the Labor Coalition to develop rules and guidelines governing the conduct and administration of Adjustment Boards. Deletes provision regarding the County’s comprehensive proposal for replacement of the current July 12, 2016 Contra Costa County Board of Supervisors 374 system of monthly pay with a bi-weekly pay system. Deletes provision regarding the development of a broad based pilot Wellness Incentive Program. Deletes provision regarding the creation of a Labor/Management Committee to study and recommend actions necessary to standardize payment and application of differentials. Deletes provision regarding a study of classifications represented by AFSCME Local 512 in the Probation Supervisors Unit. Special Benefits – Section 54 Revises language to clarify that employees are not eligible for Vacation Buy Back upon rehire. Adds Engineering Technician Unit to $45,000 Group Term Life Insurance. Adds Engineering Technician Unit and Property Appraisers Unit to Professional Development benefit. Removal of references to “Probation Supervisor Unit” – Global Change Removes references to “Probation Supervisor Unit” throughout MOU. Removal of references to “Institutional Supervisor I” – Global Change Removes references to “Institutional Supervisor I” throughout MOU. Various Side Letters and MOU attachments/appendices are deleted from, updated, or incorporated into the new MOU as described in the tentative agreement between the parties. Inclusion of the new Section 50 settles Grievance No. 055-15 and PERB Unfair Practice Charge No. SF-CE-1380-M. Settlement also includes agreement to pay two employees (employee #65172 and employee #5665) for hazard pay while working in Org No. 6553 and Org No. 6381, from the time it was discontinued. Following approval of the MOU, Human Resources will close Grievance No. 055-15 and the Union will notify PERB of its withdrawal of UPC No. SF-CE-1380-M. CONSEQUENCE OF NEGATIVE ACTION: The County will be out of contract with AFSCME, Local 512 and may experience recruitment and retention difficulties. AGENDA ATTACHMENTS Resolution No. 2016/446 AFSCME Local 512 MOU MINUTES ATTACHMENTS Signed Resolution No. 2016/446 July 12, 2016 Contra Costa County Board of Supervisors 375 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 07/12/2016 by the following vote: AYE: Candace Andersen Mary N. Piepho Karen Mitchoff Federal D. Glover NO: ABSENT:John Gioia ABSTAIN: RECUSE: Resolution No. 2016/446 In The Matter Of: Memorandum of Understanding with AFSCME, Local 512, for the period of July 1, 2016 through June 30, 2019. The Contra Costa County Board of Supervisors acting in its capacity as the Governing Board of the County of Contra Costa and all districts of which it is the ex-officio governing Board RESOLVES THAT: The Memorandum of Understanding (MOU) between Contra Costa County and AFSCME, Local 512 providing for wages, benefits, and other terms and conditions of employment for the period of July 1, 2016 through June 30, 2019, for classifications represented by AFSCME, Local 512 is ADOPTED. A copy of the MOU is attached. Contact: Lisa Driscoll, County Finance Director (925) 335-1023 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 12, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Lisa Lopez, Assistant Director of Human Resources, Harjit S. Nahal, Assistant County Auditor, Ann Elliott, Employee Benefits Manager 4 1 July 12, 2016 Contra Costa County Board of Supervisors 376 MEMORANDUM OF UNDERSTANDING BETWEEN CONTRA COSTA COUNTY AND PROFESSIONAL & TECHNICAL EMPLOYEES AFSCME, LOCAL 512 JULY 1, 2016 – JUNE 30, 2019 July 12, 2016 Contra Costa County Board of Supervisors 377 PROFESSIONAL & TECHNICAL EMPLOYEES AFSCME, LOCAL 512 TABLE OF CONTENTS SECTION 1 UNION RECOGNITION .................................................................................... 4 SECTION 2 UNION SECURITY 2.1 Dues Deduction ................................................................................................ 4 2.2 Agency Shop.................................................................................................... 4 2.3 Maintenance of Membership ............................................................................ 6 2.4 Union Dues Form ............................................................................................. 6 2.5 Withdrawal of Membership ............................................................................... 6 2.6 Communicating with Employees ...................................................................... 7 2.7 Use of County Buildings ................................................................................... 7 2.8 Advance Notice ................................................................................................ 8 2.9 Written Statement for New Employees ............................................................. 8 2.10 P.E.O.P.L.E ..................................................................................................... 8 2.11 Assignment of Classes to Bargaining Units ...................................................... 8 SECTION 3 NO DISCRIMINATION ...................................................................................... 9 SECTION 4 SHOP STEWARDS & OFFICIAL REPRESENTATIVES 4.1 Attendance at Meetings ................................................................................... 9 4.2 Union Representative ..................................................................................... 10 4.3 Release Time for Training .............................................................................. 10 SECTION 5 SALARIES 5.1 General Wages .............................................................................................. 11 5.2 Detention Differential ...................................................................................... 12 5.3 Entrance Salary ............................................................................................. 12 5.4 Certification Rule ............................................................................................ 12 5.5 Anniversary Dates .......................................................................................... 12 5.6 Increments Within Range ............................................................................... 13 5.7 Part-Time Compensation ............................................................................... 13 5.8 Compensation for Portion of Month and P-I Compensation ............................ 14 5.9 Position Reclassification ................................................................................ 14 5.10 Salary Reallocation & Salary on Reallocation................................................. 14 5.11 Salary on Promotion....................................................................................... 15 5.12 Salary on Involuntary Demotion ..................................................................... 15 5.13 Salary on Voluntary Demotion ........................................................................ 15 5.14 Transfer ......................................................................................................... 16 5.15 Pay for Work in Higher Classification ............................................................. 16 5.16 Building Supervisor/Management Differentials ............................................... 17 5.17 Payment ......................................................................................................... 18 5.18 Pay Warrant Errors ......................................................................................... 18 SECTION 6 DAYS AND HOURS OF WORK 6.1 Definitions ...................................................................................................... 19 6.2 Time Reporting/Time Stamping ...................................................................... 20 6.3 Time Reporting and Pay Practices Waiver ...................................................... 20 July 12, 2016 Contra Costa County Board of Supervisors 378 SECTION 7 OVERTIME AND COMPENSATORY TIME 7.1 Overtime ........................................................................................................ 20 7.2 Straight Time Pay .......................................................................................... 21 7.3 Overtime and Straight time Compensatory Time ............................................. 21 7.4 Fair Labor Standards Act Provisions .............................................................. 22 SECTION 8 CALL-BACK TIME ........................................................................................ 23 SECTION 9 ON-CALL DUTY ............................................................................................ 23 SECTION 10 SHIFT DIFFERENTIAL 10.1 Shift Differential .............................................................................................. 23 10.2 Standards Division Differential ....................................................................... 24 SECTION 11 SENIORITY, WORKFORCE REDUCTION, LAYOFF & REASSIGNMENT 11.1 Workforce Reduction ...................................................................................... 24 11.2 Separation Through Layoff ............................................................................. 25 11.3 Notice ............................................................................................................ 28 11.4 Special Employment Lists .............................................................................. 28 11.5 Reassignment of Laid Off Employees ............................................................ 29 SECTION 12 HOLIDAYS 12.1 Holidays and Personal Holiday Credit ............................................................ 29 12.2 Holiday is Observed (NOT WORKED) ........................................................... 30 12.3 Holiday is WORKED ....................................................................................... 32 12.4 Holiday and Compensatory Time Provisions .................................................. 34 12.5 Permanent-Intermittent Employees ................................................................. 34 SECTION 13 VACATION AND PAID PERSONAL LEAVE 13.1 Vacation Allowance ........................................................................................ 35 13.2 Vacation Leave on Reemployment from a Layoff List ..................................... 35 13.3 Vacation Accrual Rates .................................................................................. 35 13.4 Accrual During Leave Without Pay ................................................................. 37 13.5 Vacation Allowance for Separated Employees ................................................ 37 13.6 Preference ...................................................................................................... 37 13.7 Prorated Accruals .......................................................................................... 38 SECTION 14 SICK LEAVE 14.1 Purpose of Sick Leave ................................................................................... 38 14.2 Credits To and Charges Against Sick Leave .................................................. 38 14.3 Policies Governing the Use of Paid Sick Leave ............................................... 38 14.4 Administration of Sick Leave .......................................................................... 41 14.5 Disability ........................................................................................................ 42 14.6 Accrual During Leave Without Pay ................................................................. 44 14.7 Employee Annual Health Examination ............................................................ 44 14.8 Confidentiality of Information/Records ............................................................ 45 SECTION 15 CATASTROPHIC LEAVE BANK 15.1 Program Design ............................................................................................. 45 15.2 Operation ....................................................................................................... 45 July 12, 2016 Contra Costa County Board of Supervisors 379 SECTION 16 STATE DISABILITY INSURANCE (SDI) 16.1 General Provisions ......................................................................................... 46 16.2 Procedures .................................................................................................... 47 16.3 Method of Integration ..................................................................................... 47 16.4 Definition ......................................................................................................... 48 SECTION 17 WORKERS’ COMPENSATION ..................................................................... 48 SECTION 18 LEAVE OF ABSENCE 18.1 Leave Without Pay ......................................................................................... 50 18.2 General Administration – Leaves of Absence .................................................. 50 18.3 Furlough Days Without Pay ............................................................................ 51 18.4 Military Leave ................................................................................................. 52 18.5 Family Care Leave or Medical Leave ............................................................. 52 18.6 Certification .................................................................................................... 52 18.7 Intermittent Use of Leave ............................................................................... 52 18.8 Aggregate Use for Spouse ............................................................................. 53 18.9 Definitions ...................................................................................................... 53 18.10 Pregnancy Disability Leave ............................................................................ 54 18.11 Group Health Plan Coverage ......................................................................... 54 18.12 Leave Without Pay – Use of Accruals ............................................................ 54 18.13 Leave of Absence Replacement and Reinstatement ....................................... 55 18.14 Leave of Absence Return ................................................................................ 55 18.15 Reinstatement from Family Care Medical Leave ............................................. 55 18.16 Salary Review While on Leave of Absence ..................................................... 56 18.17 Unauthorized Absence ................................................................................... 56 18.18 Non-Exclusivity .............................................................................................. 56 SECTION 19 JURY DUTY AND WITNESS DUTY 19.1 Jury Duty ........................................................................................................ 56 19.2 Witness Duty .................................................................................................. 57 SECTION 20 HEALTH, LIFE & DENTAL CARE 20.1 Health Plan Coverages ................................................................................... 57 20.2 Monthly Premium Subsidy.............................................................................. 58 20.3 Retirement Coverage ..................................................................................... 59 20.4 Health Plan Coverages and Provisions .......................................................... 61 20.5 Family Member Eligibility Criteria ................................................................... 62 20.6 Dual Coverage ................................................................................................ 63 20.7 Medical Plan Cost-Sharing on and after January 1, 2016 ............................... 63 20.8 Life Insurance Benefit Under Health and Dental Plans ................................... 64 20.9 Supplemental Life Insurance .......................................................................... 64 20.10 Health Care Spending Account ....................................................................... 64 20.11 PERS Long-Term Care ................................................................................... 64 20.12 Dependent Care Assistance Program ............................................................. 64 20.13 Premium Conversion Plan............................................................................... 65 20.14 Prevailing Section ........................................................................................... 65 20.15 Rate Information ............................................................................................. 65 20.16 Partial Month ................................................................................................... 65 20.17 Coverage During Absences ............................................................................ 65 20.18 Health Benefit Access for Employees Not Otherwise Covered ........................ 65 July 12, 2016 Contra Costa County Board of Supervisors 380 SECTION 21 PROBATIONARY PERIOD 21.1 Duration .......................................................................................................... 66 21.2 Probation Periods Over Six (6)/Nine (9) Months ............................................. 66 21.3 Revised Probationary Period .......................................................................... 66 21.4 Criteria ........................................................................................................... 66 21.5 Rejection During Probation ............................................................................ 66 21.6 Regular Appointment ..................................................................................... 66 21.7 Layoff During Probation ................................................................................. 67 21.8 Rejection During Probation of Layoff Employee .............................................. 67 SECTION 22 PROMOTION 22.1 Competitive Exam .......................................................................................... 68 22.2 Promotion Policy ............................................................................................ 68 22.3 Open Exams .................................................................................................. 68 22.4 Promotion via Reclassification Without Exam................................................. 68 22.5 Requirements for Promotional Standing .......................................................... 68 22.6 Seniority Credits ............................................................................................. 68 22.7 Denial Review ............................................................................................... 69 22.8 Release Time for Examinations ..................................................................... 69 SECTION 23 TRANSFER 23.1 Transfer Conditions ........................................................................................ 69 23.2 Transfer Policy ............................................................................................... 69 23.3 Transfer Procedure ......................................................................................... 70 23.4 Transfer List .................................................................................................... 70 23.5 Reassignment of Work Location ..................................................................... 70 SECTION 24 RESIGNATIONS 24.1 Resignation in Good Standing ........................................................................ 70 24.2 Constructive Resignation ............................................................................... 70 24.3 Effective Resignation ...................................................................................... 71 24.4 Revocation ..................................................................................................... 71 24.5 Coerced Resignations .................................................................................... 71 24.6 Eligibility for Reemployment ........................................................................... 71 SECTION 25 DISMISSAL, SUSPENSION, TEMPORARY REDUCTION IN PAY , AND DEMOTION 25.1 Sufficient Cause for Action ............................................................................. 72 25.2 Skelly Requirements ...................................................................................... 73 25.3 Employee Response ...................................................................................... 74 25.4 Leave Pending Employee Response ............................................................. 74 25.5 Length of Suspension .................................................................................... 74 25.6 Procedure on Dismissal, Suspension, Temporary Reduction in Pay, or Disciplinary Demotion ................................................................................ 74 25.7 Weingarten Rights ......................................................................................... 74 SECTION 26 GRIEVANCE PROCEDURE 26.1 Definition and Procedural Steps ..................................................................... 75 26.2 Expedited Board of Adjustment ....................................................................... 76 26.3 Scope of Arbitration Decisions, and Expedited Board of Adjustment .............. 78 26.4 Time Limits ..................................................................................................... 78 26.5 Union Notification ........................................................................................... 78 26.6 Compensation Complaints .............................................................................. 78 July 12, 2016 Contra Costa County Board of Supervisors 381 26.7 Strike/Work Stoppage .................................................................................... 79 26.8 Merit Board .................................................................................................... 79 26.9 Filing By Union ............................................................................................... 79 26.10 Disputes Over Existence of Grievance ........................................................... 79 26.11 Disqualification From Taking an Exam ........................................................... 79 SECTION 27 BILINGUAL PAY ........................................................................................... 79 SECTION 28 RETIREMENT CONTRIBUTION 28.1 Contribution ................................................................................................... 80 28.2 Retirement Benefit (Non-Safety) ................................................................... 80 28.3 Safety Employees Retirement ......................................................................... 80 SECTION 29 REIMBURSEMENT 29.1 Training Reimbursement ................................................................................. 82 29.2 Personal Property Reimbursement ................................................................. 82 29.3 Reimbursement For Meals. ............................................................................. 83 SECTION 30 CLASSIFICATION .......................................................................................... 83 SECTION 31 SAFETY AND SAFETY EQUIPMENT REIMBURSEMENT 31.1 Computer Vision Care (CVC) Users Eye Examination .................................... 83 31.2 Safety Shoe & Safety Eyeglass Reimbursement ............................................. 84 SECTION 32 MILEAGE ....................................................................................................... 84 32.1 Reimbursement for Use of Personal Vehicle ................................................... 84 32.2 Commuter Benefit Program ............................................................................. 84 SECTION 33 STAGGERED WORK SCHEDULE ................................................................. 84 SECTION 34 MEAL PERIODS ............................................................................................. 85 SECTION 35 PERFORMANCE EVALUATION .................................................................... 85 SECTION 36 DISCIPLINARY ACTIONS .............................................................................. 85 SECTION 37 PERSONNEL FILES ....................................................................................... 86 SECTION 38 SERVICE AWARDS ....................................................................................... 86 SECTION 39 REASSIGNMENTS 39.1 Request for Reassignment .............................................................................. 87 39.2 Involuntary Reassignments ............................................................................. 87 39.3 Social Service Staff Specialists Unit ................................................................ 88 39.4 Bid and Vacancy Distribution .......................................................................... 88 SECTION 40 UNFAIR LABOR PRACTICE .......................................................................... 88 SECTION 41 LENGTH OF SERVICE DEFINITION FOR SERVICE AWARDS AND VACATION ACCRUALS ........................................................................ 88 SECTION 42 PERMANENT PART-TIME EMPLOYEE BENEFITS ...................................... 89 July 12, 2016 Contra Costa County Board of Supervisors 382 SECTION 43 PERMANENT-INTERMITTENT EMPLOYEE SPECIAL PAYS & BENEFITS . 89 SECTION 44 UNION REPRESENTATION OF TEMPORARY EMPLOYEES 44.1 Recognition ..................................................................................................... 89 44.2 Temporary Employee Special Pays ................................................................ 91 SECTION 45 WORD PROCESSING/CVC DIFFERENTIALS ............................................... 91 45.1 Buyout Differential ........................................................................................... 91 45.2 Continuing Differentials ................................................................................... 91 SECTION 46 ENGINEERING TECHNICIAN SPECIAL ISSUES 46.1 Rotational Advisory Committee ....................................................................... 91 46.2 Engineering Technician Bidding Procedure ..................................................... 92 46.3 Flexible Work Week ........................................................................................ 93 46.4 Continuing Education Allowance ..................................................................... 93 SECTION 47 HAZARD PAY ................................................................................................ 93 SECTION 48 PROPERTY APPRAISER UNIT SPECIAL ISSUES 48.1 Mileage ........................................................................................................... 93 48.2 Bridged Service Time ...................................................................................... 93 48.3 Flex-Time ........................................................................................................ 93 48.4 Educational Incentive ...................................................................................... 94 48.5 4/10 Summer Schedule ................................................................................... 94 SECTION 49 MEALS ........................................................................................................... 94 SECTION 50 SPECIAL STUDIES/PROJECTS/ADJUSTMENTS......................................... 94 SECTION 51 SPECIAL BENEFITS ...................................................................................... 95 SECTION 52 ADOPTION ..................................................................................................... 99 SECTION 53 DURATION OF AGREEMENT ....................................................................... 99 SECTION 54 SCOPE OF AGREEMENT AND SEPARABILITY OF PROVISION ................ 99 54.1 Scope of Agreement ....................................................................................... 99 54.2 Separability of Provisions ................................................................................ 99 54.3 Personnel Management Regulations ............................................................ 100 ATTACHMENTS July 12, 2016 Contra Costa County Board of Supervisors 383 MEMORANDUM OF UNDERSTANDING BETWEEN CONTRA COSTA COUNTY AND PROFESSIONAL AND TECHNICAL EMPLOYEES AFSCME, LOCAL 512 This Memorandum of Understanding (MOU) is entered into pursuant to the authority contained in Division 34 of the Contra Costa County Board of Supervisors’ Resolution 81/1165 and has been jointly prepared by the parties. The Employee Relations Officer (County Administrator) is the representative of Contra Costa County in employer-employee relations matters as provided in Board of Supervisors’ Resolution 81/1165. The parties have met and conferred in good faith regarding wages, hours and other terms and conditions of employment for the employees in units in which the Union is the recognized representative, have freely exchanged information, opinions and proposals and have endeavored to reach agreement on all matters relating to the employment conditions and employer-employee relations covering such employees. July 12, 2016 Contra Costa County Board of Supervisors 384 This MOU shall be presented to the Contra Costa County Board of Supervisors, as the governing board of Contra Costa County and appropriate fire districts, as the joint recommendations of the undersigned for salary and employee benefit adjustments for the term set forth herein. Special provisions and restrictions pertaining to Project employees covered by this MOU are contained in Attachment C, which is attached hereto and made a part hereof. DEFINITIONS Appointing Authority: Department Head unless otherwise provided by statute or ordinance. Class: A group of positions sufficiently similar with respect to the duties and responsibilities that similar selection procedures and qualifications may apply and that the same descriptive title may be used to designate each position allocated to the group. Class Title: The designation given to a class, to each position allocated to the class, and to the employees allocated to the class. County: Contra Costa County. Demotion: The change of a permanent employee to another position in a class allocated to a salary range for which the top step is lower than the top step of the class which the employee formerly occupied except as provided for under "Transfer" or as otherwise provided for in this MOU, in the Personnel Management Regulations, or in specific resolutions governing deep classes. Director of Human Resources: The person designated by the County Administrator to serve as the Assistant County Administrator-Director of Human Resources. Eligible: Any person whose name is on an employment or reemployment or layoff list for a given class. Employee: A person who is an incumbent of a position or who is on leave of absence in accordance with provisions of this MOU and whose position is held pending his/her return. Employment List: A list of persons who have been found qualified for employment in a specific class. Layoff List: A list of persons who have occupied positions allocated to a class in the Merit System and who have been involuntarily separated by layoff or displacement, or demoted by displacement, or have voluntarily demoted in lieu of layoff or displacement, or have transferred in lieu of layoff or displacement. July 12, 2016 Contra Costa County Board of Supervisors 385 Permanent-Intermittent Position: Any position which requires the services of an incumbent for an indefinite period but on an intermittent basis, as needed, paid on an hourly basis. Permanent Part-Time Position: Any position which will require the services of an incumbent for an indefinite period but on a regularly scheduled less than full time basis. Permanent Position: Any position which has required, or which will require the services of an incumbent without interruption, for an indefinite period. Project Employee: An employee who is engaged in a time limited program or service by reason of limited or restricted funding. Such positions are typically funded from outside sources but may be funded from County revenues. Promotion: The change of a permanent employee to another position in a class allocated to a salary range for which the top step is higher than the top step of the class which the employee formerly occupied, except as provided for under "Transfer" or as otherwise provided for in this MOU, in the Personnel Management Regulations, or in specific resolutions governing deep classes. Position: The assigned duties and responsibilities calling for the regular full time, part- time or intermittent employment of a person. Reallocation: The act of reassigning an individual position from one class to another class at the same range of the salary schedule or to a class which is allocated to another range that is within five percent (5%) of the top step, except as otherwise provided for in the Personnel Management Regulations, deep class resolutions or other ordinances. Reclassification: The act of changing the allocation of a position by raising it to a higher class or reducing it to a lower class on the basis of significant changes in the kind, difficulty or responsibility of duties performed in such position. Reemployment List: A list of persons, who have occupied positions allocated to any class in the merit system and, who have voluntarily separated and are qualified for consideration for reappointment under the Personnel Management Regulations governing reemployment. Resignation: The voluntary termination of permanent employment with the County. Temporary Employment: Any employment which will require the services of an incumbent for a limited period of time, paid on an hourly basis, not in an allocated position or in permanent status. Transfer: The change of an employee who has permanent status in a position to another position in the same class in a different department, or to another position in a class which is allocated to a range on the salary plan that is within five percent (5%) at top step as the class previously occupied by the employee. Union: AFSCME Local 512 July 12, 2016 Contra Costa County Board of Supervisors 386 SECTION 1 - UNION RECOGNITION The Union is the formally recognized employee organization for the representation units listed below, and such organization has been certified as such pursuant to Board of Supervisors’ Resolution 81/1165. Engineering Technician Unit Income Maintenance Program Unit Clerical Supervisory Unit Social Service Staff Specialist Unit Property Appraiser Unit SECTION 2 - UNION SECURITY 2.1 Dues Deduction. Pursuant to Chapter 34-26 of Board Resolution 81/1165, only a majority representative may have dues deduction and as such the Union has the exclusive privilege of dues deduction for all employees in its units. 2.2 Agency Shop. A. The Union agrees that it has a duty to provide fair and non-discriminatory representation to all employees in all classes in the units for which this section is applicable regardless of whether they are members of the Union. The provisions of Section 2.2 shall apply to all Supervisory Units represented by Local 512. B. All employees employed in a representation unit on or after the effective date of this MOU and continuing until the termination of the MOU, shall as a condition of employment either: 1. Become and remain a member of the Union or; 2. pay to the Union, an agency shop fee in an amount which does not exceed an amount which may be lawfully collected under applicable constitutional, statutory, and case law, which under no circumstances shall exceed the monthly dues, initiation fees and general assessments made during the duration of this MOU. It shall be the sole responsibility of the Union to determine an agency shop fee which meets the above criteria; or 3. do both of the following: a. execute a written declaration that the employee is a member of a bona fide religion, body or sect which has historically held a conscientious objection to joining or financially supporting any public employee organization as a condition of employment; and b. pay a sum equal to the agency shop fee described in Section 2.2.B.2 to a non-religious, non-labor, charitable fund chosen by the employee from the following charities: Family and Children's Trust July 12, 2016 Contra Costa County Board of Supervisors 387 Fund, Child Abuse Prevention Council and Battered Women's Alternative. C. The Union shall provide the County with a copy of the Union's Hudson Procedure for the determination and protest of its agency shop fees. The County shall provide a copy of the Union's Hudson Procedure to every employee hired into a class represented by the Union after the effective date of this MOU. The Union shall provide a copy of said Hudson Procedure to every fee payer covered by this MOU within one (1) month from the date it is approved and annually thereafter, and as a condition to any change in the agency shop fee. Failure by an employee to invoke the Union's Hudson Procedure within one (1) month after actual notice of the Hudson Procedure shall be a waiver by the employee of their right to contest the amount of the agency shop fee. D. The provisions of Section 2.2.B.2 shall not apply during periods that an employee is separated from the representation unit but shall be reinstated upon the return of the employee to the representation unit. The term separation includes transfer out of the unit, layoff and leave of absence with a duration of more than thirty (30) days. E. The Union shall provide the Director of Human Resources with copies of a financial report patterned after Form LM-2 pursuant to the Labor Management Disclosure Act of 1959. Such report shall be available to employees in the unit. Failure to file such a report not later than June 1 of each calendar year shall result in the termination of all agency fee deductions without jeopardy to any employee, until said report is filed. F. Compliance. 1. An employee employed in or hired into a job class represented by the Union shall be provided with an "Employee Authorization for Payroll Deduction" form by the Human Resources Department. 2. If the form authorizing payroll deduction is not returned within thirty (30) calendar days after notice of this agency shop fee provision and the Union's Hudson Procedure and the Union dues, agency shop fee, initiation fee or charitable contribution required under Section 2.2.B.3 are not received, and the employee has not timely invoked the Union's Hudson Procedure, or if invoked, the employee's Hudson Procedure rights have been exhausted, the Union may, in writing, direct that the County withhold the agency shop fee and the initiation fee from the employee's salary, in which case the employee's monthly salary shall be reduced by an amount equal to the agency shop fee and the County shall pay an equal amount to the Union. G. The Union shall indemnify, defend, and save the County harmless against any and all claims, demands, suits, orders, judgments, or other forms of liability that arise out of or by reason of this Union security section or action taken or not taken by the County under this Section. This includes, but is not limited to, the July 12, 2016 Contra Costa County Board of Supervisors 388 County's Attorneys' fees and costs. The provisions of this subsection shall not be subject to the grievance procedure. H. The County Human Resources Department shall monthly furnish a list of all new hires to the Union. I. In the event that employees in a bargaining unit represented by the Union vote to rescind Agency Shop, the provisions of Sections 2.3 and 2.4 shall apply to dues- paying members of the Union. 2.3 Maintenance of Membership. All employees in the Income Maintenance Program Unit, Clerical Supervisory Unit, Social Service Staff Specialist Unit, Engineering Technician Unit, and Property Appraiser Unit who are currently paying dues to the Union and all employees in that unit who hereafter become members of the Union shall as a condition of continued employment pay dues to the Union for the duration of this MOU and each year thereafter so long as the Union continues to represent the class to which the employee is assigned, unless the employee has exercised the option to cease paying dues in accordance with Section 2.5. 2.4 Union Dues Form. Employees hired into classifications assigned in bargaining units cited in Section 2.3 above shall, as a condition of employment at the time of employment, complete a Union dues authorization form provided by the Union and shall have deducted from their paychecks the membership dues of the Union. Said employee shall have thirty (30) days from the date of hire to decide if he/she does not want to become a member of the Union. Such decision not to become a member of the Union must be made in writing to the Auditor-Controller with a copy to the Labor Relations Division within said thirty (30) day period. If the employee decides not to become a member of the Union, any Union dues previously deducted from the employee's paycheck shall be returned to the employee and said amount shall be deducted from the next dues deduction check sent to the Union. If the employee does not notify the County in writing of the decision not to become a member within the thirty (30) day period, he/she shall be deemed to have voluntarily agreed to pay the dues of the Union. Each such dues authorization form referenced above shall include a statement that the Union and the County have entered into a MOU, that the employee is required to authorize payroll deductions of Union dues as a condition of employment, and that such authorization may be revoked within the first thirty (30) days of employment upon proper written notice by the employee within said thirty (30) day period as set forth above. Each such employee shall, upon completion of the authorization form, receive a copy of said authorization form which shall be deemed proper notice of his or her right to revoke said authorization. 2.5 Withdrawal of Membership. By notifying the Auditor-Controller's Office in writing, between August 1 and August 31, any employee assigned to a classification in the Income Maintenance Program Unit, Clerical Supervisory Unit, Social Service Staff Specialist Unit, Engineering Technician Unit, and Property Appraiser Unit may withdraw from Union membership and discontinue paying dues as of the payroll period commencing September 1st; discontinuance of dues payments to then be reflected in the October 10th paycheck. Immediately upon the close of the above mentioned thirty July 12, 2016 Contra Costa County Board of Supervisors 389 (30) day period the Auditor-Controller shall submit to the Union a list of the employees who have rescinded their authorization for dues deduction. 2.6 Communicating With Employees. The Union shall be allowed to use designated portions of bulletin boards or display areas in public portions of County buildings or in public portions of offices in which there are employees represented by the Union, provided the communications displayed have to do with matters within the scope of representation and further provided that the employee organization appropriately posts and removes the information. The Department Head reserves the right to remove objectionable materials after consultation with the Union. Representatives of the Union, not on County time, shall be permitted to place a supply of employee literature at specific locations in County buildings if arranged through the Department Head or designated representative; said representatives may distribute employee organization literature in work areas (except work areas not open to the public) if the nature of the literature and the proposed method of distribution are compatible with the work environment and work in progress. Such placement and/or distribution shall not be performed by on duty employees. The Union shall be allowed access to work locations in which it represents employees for the following purposes: a. to post literature on bulletin boards; b. to arrange for use of a meeting room; c. to leave and/or distribute a supply of literature as indicated above; d. to represent an employee on a grievance and/or to contact a Union officer on a matter within the scope of representation. In the application of this provision, it is agreed and understood that in each such instance advance arrangements, including disclosure of which of the above purposes is the reason for the visit, will be made with the departmental representative in charge of the work area and the visit will not interfere with County services. 2.7 Use of County Buildings. The Union shall be allowed the use of areas normally used for meeting purposes for meetings of County employees during non-work hours when: a. such space is available and its use by the Union is scheduled twenty-four (24) hours in advance; b. there is no additional cost to the County; c. it does not interfere with normal County operations; d. employees in attendance are not on duty and are not scheduled for duty; e. the meetings are on matters within the scope of representation. July 12, 2016 Contra Costa County Board of Supervisors 390 The administrative official responsible for the space shall establish and maintain scheduling of such uses. The Union shall maintain proper order at the meeting and see that the space is left in a clean and orderly condition. The use of County equipment (other than items normally used in the conduct of business meetings such as desks, chairs, ashtrays and blackboards) is strictly prohibited, even though it may be present in the meeting area. 2.8 Advance Notice. The Union shall, except in cases of emergency, have the right to reasonable notice of any ordinance, rule, resolution or regulation directly relating to matters within the scope of representation proposed to be adopted by the Board, or boards and commissions designated by the Board, and to meet with the body considering the matter. The listing of an item on a public agenda, or the mailing of a copy of a proposal at least seventy-two (72) hours before the item will be heard, or the delivery of a copy of the proposal at least twenty-four (24) hours before the item will be heard, shall constitute notice. In cases of emergency when the Board, or boards and commissions designated by the Board, determines it must act immediately without such notice or meeting, it shall give notice and opportunity to meet as soon as practical after its action. 2.9 Written Statement for New Employees. The County will provide a written statement to each new employee hired into a classification in any of the bargaining units represented by the Union, that the employee's classification is represented by the Union and the name of a representative of the Union. The County will provide the employee with a packet of information which has been supplied by the Union and approved by the County. The County shall provide an opportunity for the Union to make a thirty (30) minute presentation at the end of the Human Resources Department’s new employee orientation meetings. 2.10 P.E.O.P.L.E. Employees in classifications represented by Professional & Technical Employees, Local 512, AFSCME, may make voluntary, monetary monthly contributions to P.E.O.P.L.E., said contributions to be deducted from employees' pay by the County and remitted to AFSCME, P.E.O.P.L.E. (Public Employees Organized to Promote Legislative Equality). 2.11 Assignment of Classes to Bargaining Units. The County shall assign new classes in accordance with the following procedure: A. Initial Determination. When a new class title is established, the Labor Relations Manager shall review the composition of existing representation units to determine the appropriateness of including some or all of the employees in the new Class in one or more existing representation units, and within a reasonable period of time, shall notify all recognized employee organizations of his/her determination. July 12, 2016 Contra Costa County Board of Supervisors 391 B. Final Determination. His/her determination is final unless, within ten (10) days after notification, a recognized employee organization requests in writing to meet and confer thereon. C. Meet and Confer and Other Steps. He/she shall meet and confer with such requesting organizations (and with other recognized employee organizations where appropriate) to seek agreement on this matter within sixty (60) days after the ten-day period in Subsection B, unless otherwise mutually agreed. Thereafter, the procedures in cases of agreement and disagreement, arbitration referral and expenses, and criteria for determination shall conform to those in Subsections (d) through (i) of Section 34-12.008 of Board Resolution 81/1165. SECTION 3 - NO DISCRIMINATION There shall be no discrimination because of race, creed, color, national origin, sex, sexual orientation or Union activities against any employee or applicant for employment by the County or by anyone employed by the County; and to the extent prohibited by applicable State and Federal law there shall be no discrimination because of age. There shall be no discrimination against any disabled person solely because of such disability unless that disability prevents the person from meeting the minimum standards established for the position, or from carrying out the duties of the position safely. There shall be no discrimination because of Union membership or legitimate Union activity against any employee or applicant for employment by the County or anyone employed by the County. Americans With Disabilities Act (ADA). The County and the Union recognize that the County has an obligation to reasonably accommodate disabled employees. If by reason of the aforesaid requirement, the County contemplates actions to provide reasonable accommodation to an individual employee in compliance with the ADA which are in conflict with any provision of this MOU, the Union will be advised of any such proposed accommodation. Upon request, the County will meet and confer with the Union on the impact of such accommodation. If the County and the Union do not reach agreement, the County may implement the accommodation if required by law without further negotiations. Nothing in this MOU shall preclude the County from taking actions necessary to comply with the requirements of the Americans With Disabilities Act. SECTION 4 - SHOP STEWARDS AND OFFICIAL REPRESENTATIVES 4.1 Attendance at Meetings. Employees designated as shop stewards or official representatives of the Union shall be allowed to attend meetings held by County agencies during regular working hours on County time as follows: a. if their attendance is required by the County at a specific meeting; b. if their attendance is sought by a hearing body or presentation of testimony or other reasons; July 12, 2016 Contra Costa County Board of Supervisors 392 c. if their attendance is required for meeting required for settlement of grievances filed pursuant to Section 26 - Grievance Procedure of this Memorandum; d. if they are designated as a shop steward, in which case they may utilize a reasonable time at each level of the proceedings to assist an employee to present a grievance, provided the meetings are scheduled at reasonable times agreeable to all parties; e. if they are designated as spokesperson or representative of the Union and as such make representations or presentations at meetings or hearings on wages, salaries and working conditions provided in each case advance arrangements for time away from the employee's work station or assignment are made with the appropriate department head, and the County agency calling the meeting is responsible for determining that the attendance of the particular employee(s) is required; f. to attend examination appeal board hearings to assist an employee in making a presentation. 4.2 Union Representative. Official representatives of the Union shall be allowed time off on County time for meetings during regular working hours when formally meeting and conferring in good faith or consulting with the Labor Relations Officer or other management representatives on matters within the scope of representation, provided that the number of such representatives shall not exceed two (2) without prior approval of the Labor Relations Officer, and that advance arrangements for the time away from the work station or assignment are made with the appropriate Department Head. Engineering Technician Unit 2 Income Maintenance Program Unit 2 Clerical Supervisory Unit 2 Social Service Staff Specialist Unit 2 Property Appraiser Unit 2 4.3 Release Time for Training. Upon adoption of this memorandum of understanding by the Board of Supervisors, the County shall provide the Union a maximum of one hundred (100) total hours per year of release time for Union designated stewards or officers to attend Union-sponsored training programs. Requests for release time shall be provided in writing to the Department and County Human Resources at least fifteen (15) days in advance of the time requested. Department Heads will reasonably consider each request and notify the affected employee whether such request is approved, within one (1) week of receipt. July 12, 2016 Contra Costa County Board of Supervisors 393 SECTION 5 – SALARIES 5.1 General Wages. A. 1.Effective July 1, 2016, or the first day of the month following ratification of this MOU, whichever is later, the base rate of pay for classifications represented by the Union will be increased by four percent (4%). a.The base rate of pay for the classification of Ambulatory Care Clinic Coordinator (VAHB) and the classifications in the Engineering Technicians Unit (KL) will be increased by an additional two and one-half percent (2.5%). 2.Effective July 1, 2017, the base rate of pay for classifications represented by the Union will be increased by three percent (3%). 3.Effective July 1, 2018, the base rate of pay for classifications represented by the Union will be increased by three percent (3%). 4.The wage increases set forth in this section 5.1.A. do not apply to the classification of Ex Customer Services Supervisor (X7HE). B. Longevity Pay. 1.Effective July 1, 2008, employees at ten (10) years of County service shall receive a two and one-half percent (2.5%) longevity pay differential. 2.Effective August 1, 2014, permanent, full-time and part-time employees in the classification of Social Services Fraud Prevention Supvr (XAHA) who have completed fifteen (15) years of County service will receive a two percent (2%) longevity differential effective on the first of the month following the month in which the employee qualifies for the fifteen (15) year service award. For those employees who completed fifteen (15) years of service on or before August 1, 2014, this longevity differential will be paid prospectively only from August 1, 2014. 3.Effective August 1, 2014, permanent, full-time and part-time employees in the classification of Social Services Fraud Prevention Supervisor (XAHA) who have completed twenty (20) years of County service will receive a two percent (2%) longevity differential effective on the first of the month following the month in which the employee qualifies for the twenty (20) year service award. For those employees who completed twenty (20) years of service on or before August 1, 2014, this longevity differential will be paid prospectively only from August 1, 2014. C. Conversion of Performance Pay Steps to Merit Steps. Effective July 1, 2016, or the first day of the month following ratification of this MOU, whichever is later, performance pay steps will be converted to merit pay steps for classifications with performance pay steps. If an employee is receiving performance pay on the effective date of this provision, the performance pay step will be the employee’s July 12, 2016 Contra Costa County Board of Supervisors 394 new merit step. For example, if an employee’s classification has five merit steps and a step 6 for performance pay, on the effective date of this provision, if the employee was receiving the performance pay, the employee will be on the new merit step six going forward. This paragraph does not impact an employee’s anniversary date. This paragraph eliminates performance pay for classifications represented by the Union. To the extent that this paragraph is inconsistent with any other County enactment, regulation, or policy, including but not limited to resolutions of the Board of Supervisors, the provisions of this paragraph will prevail. 5.2 Detention Differential. Permanent full time, part time, and permanent intermittent employees in the Clerical Supervisors Unit assigned to work in the Martinez Detention Facility(2578), West County Detention Facility (2580), and Marsh Creek Detention Facility (2585) will receive a differential of five percent (5%) of the employee’s base rate of pay. 5.3 Entrance Salary. New employees shall generally be appointed at the minimum step of the salary range established for the particular class of the position to which the appointment is made. However, the appointing authority may fill a particular position at a step above the minimum of the range. 5.4 Certification Rule. A. Open Employment List. On each request for personnel from an open employment list, ten (10) names shall be certified. If more than one (1) position is to be filled in any class in a department at the same time from the same request for personnel, the number of names to be certified from an open employment list shall be equal to the number of positions to be filled plus nine (9). B. Promotional Employment List. On each request for personnel from a promotional employment list, five (5) names shall be certified. If more than one (1) position is to be filled in any class in a department at the same time from the same request for personnel, the number of names to be certified from a promotional employment list shall be equal to the number of positions to be filled plus four (4). 5.5 Anniversary Dates. Except as may otherwise be provided for in deep class resolutions, anniversary dates will be set as follows: A. New Employees. The anniversary date of a new employee is the first day of the calendar month after the calendar month when the employee successfully completes six (6) months service; provided however, if an employee began work on the first regularly scheduled workday of the month, the anniversary date is the first day of the calendar month when the employee successfully completes six (6) months service. B. Promotions. The anniversary date of a promoted employee is determined as for a new employee in Subsection 5.5.A above. C. Demotions. The anniversary of a demoted employee is the first day of the calendar month after the calendar month when the demotion was effective. July 12, 2016 Contra Costa County Board of Supervisors 395 D. Transfer, Reallocation and Reclassification. The anniversary date of an employee who is transferred to another position or one whose position has been reallocated or reclassified to a class allocated to the same salary range or to a salary range which is within five percent (5%) of the top step of the previous classification, remains unchanged. E. Reemployments. The anniversary of an employee appointed from a reemployment list to the first step of the applicable salary range and not required to serve a probation period is determined in the same way as the anniversary date is determined for a new employee who is appointed the same date, classification and step, and who then successfully completes the required probationary period. F. Outside Appointment. Notwithstanding other provisions of this Section 5, the anniversary of an employee who is appointed to a classified position from outside the County's merit system at a rate above the minimum salary for the employee's new class, or who is transferred from another governmental entity to this County's merit system, is one (1) year from the first day of the calendar month after the calendar month when the employee was appointed or transferred; provided, however, when the appointment or transfer is effective on the employee's first regularly scheduled work day of that month, his/her anniversary is one (1) year after the first calendar day of that month. 5.6 Increments Within Range. The performance of each employee, except employees already at the maximum salary step of the appropriate salary range, shall be reviewed on the anniversary date as set forth in Section 5.5 to determine whether the salary of the employee shall be advanced to the next higher step in the salary range. Advancement shall be granted on the affirmative recommendation of the appointing authority, based on satisfactory performance by the employee. The appointing authority may recommend denial of the increment or denial subject to one additional review at some specified date before the next anniversary, such date to be set at the time the original report is returned. This decision may be appealed through the grievance procedure. Except as herein provided, increments within range shall not be granted more frequently than once a year, nor shall more than one (1) step within-range increment be granted at one time, except as otherwise provided in deep-class resolutions. In case an appointing authority recommends denial of the within range increment on some particular anniversary date, but recommends a special salary review at some date before the next anniversary, the special salary review shall not affect the regular salary review on the next anniversary date. Nothing herein shall be construed to make the granting of increments mandatory on the County. If an operating department verifies in writing that an administrative or clerical error was made in failing to submit the documents needed to advance an employee to the next salary step on the first of the month when eligible, said advancement shall be made retroactive to the first of the month when eligible. 5.7 Part-Time Compensation. A part-time employee shall be paid a monthly salary in the same ratio to the full time monthly rate to which the employee would be entitled as a full time employee under the provisions of this Section 5 as the number of hours July 12, 2016 Contra Costa County Board of Supervisors 396 per week in the employee's part-time work schedule bears to the number of hours in the full time work schedule of the department. 5.8 Compensation for Portion of Month and Permanent-Intermittent Compensation. Any employee who works less than any full calendar month, except when on earned vacation or authorized sick leave, shall receive as compensation for services an amount which is in the same ratio to the established monthly rate as the number of days worked is to the actual working days in such employee's normal work schedule for the particular month; but if the employment is intermittent, compensation shall be on an hourly basis, which is calculated on the number of hours in the month worked plus five percent (5%) above the salary step earned. 5.9 Position Reclassification. An employee who is an incumbent of a position which is reclassified to a class which is allocated to the same range of the basic salary schedule as is the class of the position before it was reclassified, shall be paid at the same step of the range as the employee received under the previous classification. An incumbent of a position which is reclassified to a class which is allocated to a lower range of the basic salary schedule shall continue to receive the same salary as before the reclassification, but if such salary is greater than the maximum of the range of the class to which the position has been reclassified, the salary of the incumbent shall be reduced to the maximum salary for the new classification. The salary of an incumbent of a position which is reclassified to a class which is allocated to a range of the basic salary schedule greater than the range of the class of the position before it was reclassified shall be governed by the provisions of Section 5.11 - Salary on Promotion. 5.10 Salary Reallocation & Salary on Reallocation. A. In a general salary increase or decrease, an employee in a class which is reallocated to a salary range above or below that to which it was previously allocated, when the number of steps remain the same, shall be compensated at the same step in the new salary range the employee was receiving in the range to which the class was previously allocated. If the reallocation is from one salary range with more steps to a range with fewer steps or vice versa, the employee shall be compensated at the step on the new range which is in the same percentage ratio to the top step of the new range as was the salary received before reallocation to the top step of the old range, but in no case shall any employee be compensated at less than the first step of the range to which the class is allocated. B. In the event that a classification is reallocated from a salary range with more steps to a salary range with fewer steps on the salary schedule, apart from the general salary increase or decrease described in 5.10.A above, each incumbent of a position in the reallocated class shall be placed upon the step of the new range which equals the rate of pay received before the reallocation. In the event that the steps in the new range do not contain the same rates as the old range, each incumbent shall be placed at the step of the new range which is next above the salary rate received in the old range, or if the new range does not contain a higher step, at the step which is next lower than the salary received in the old range. July 12, 2016 Contra Costa County Board of Supervisors 397 C. In the event an employee is in a position which is reallocated to a different class which is allocated to a salary range the same as, above, or below the salary range of the employee's previous class, the incumbent shall be placed at the step in the new class which equals the rate of pay received before reallocation. In the event that the steps in the range for the new class do not contain the same rates as the range for the old class, the incumbent shall be placed at the step of the new range which is next above the salary rate received in the old range; or if the new range does not contain a higher step, the incumbent shall be placed at the step which is next lower than the salary received in the old range. D. In the event of reallocation to a deep class, the provisions of the deep class resolution and incumbent salary allocations, if any, shall supersede Section 5.11. 5.11 Salary on Promotion. Any employee who is appointed to a position of a class allocated to a higher salary range than the class previously occupied, except as provided under Section 5.13, shall receive the salary in the new salary range which is next higher than the rate received before promotion. In the event this increase is less than five percent (5%), the employee's salary shall be adjusted to the step in the new range which is at least five percent (5%) greater than the next higher step; provided, however, that the next step shall not exceed the maximum salary for the higher class. In the event of the appointment of a laid off employee from the layoff list to the class from which the employee was laid off, the employee shall be appointed at the step which the employee had formerly attained in the higher class unless such step results in a decrease in which case the employee is appointed to the next higher step. If however, the employee is being appointed into a class allocated to a higher salary range than the class from which the employee was laid off, the salary will be calculated from the highest step the employee achieved prior to layoff, or from the employee’s current step, whichever is higher. 5.12 Salary on Involuntary Demotion. Any employee who is demoted, except as provided under Section 5.14, shall have his/her salary reduced to the monthly salary step in the range for the class of position to which he/she has been demoted next lower than the salary received before demotion. In the event this decrease is less than five percent (5%), the employee's salary shall be adjusted to the step in the new range which is five percent (5%) less than the next lower step; provided, however, that the next step shall not be less than the minimum salary for the lower class. Whenever the demotion is the result of layoff, cancellation of positions or displacement by another employee with greater seniority rights, the salary of the demoted employee shall be that step on the salary range which he/she would have achieved had he/she been continuously in the position to which he/she has been demoted, all within-range increments having been granted. 5.13 Salary on Voluntary Demotion. Whenever any employee voluntarily demotes to a position in a class having a salary schedule lower than that of the class from which he or she demotes, his or her salary shall remain the same if the steps in his or her new (demoted) salary range permit, and if not, new salary shall be set at the step next below former salary. July 12, 2016 Contra Costa County Board of Supervisors 398 5.14 Transfer. An employee who is transferred from one position to another as described under "Transfer" shall be placed at the step in the salary range of the new class which equals the rate of pay received before the transfer. In the event that the steps in the range for the new class do not contain the same rates as the range for the old class, the employee shall be placed at the step of the new range which is next above the salary rate received in the old range; or if the new range does not contain a higher step, the employee shall be placed at the step which is next lower than the salary received in the old range. Whenever a permanent employee transfers to or from a deep class, as provided in the appropriate deep class resolutions, the salary of the employee shall be set as provided in the deep class resolutions at a step not to exceed a five percent (5%) increase in the employee's base salary. However, if the deep class transfer occurs to or from a deep class with specified levels identified for certain positions and their incumbents, the employee's salary in the new class shall be set in accordance with the section on "Salary on Promotion" if the employee is transferring to another class or to a level in a deep class for which the salary is at least five percent (5%) above the top base step of the deep class level or class in which they have status currently. 5.15 Pay for Work in Higher Classification. When an employee in a permanent position in the merit system is required to work in a classification for which the compensation is greater than that to which the employee is regularly assigned, the employee shall receive compensation for such work at the rate of pay established for the higher classification pursuant to Subsection 5.11 Salary on Promotion of this Memorandum, at the start of the second full day in the assignment, under the following conditions. Payment shall be made retroactive after completing the first forty (40) consecutive hours worked in the higher classification. a. The employee is assigned to a program service, or activity established by the Board of Supervisors which is reflected in an authorized position which has been classified and assigned to the Salary Schedule. b. The nature of the departmental assignment is such that the employee in the lower classification performs a majority of the duties and responsibilities of the position of the higher classification. c. Employee selected for the assignment will normally be expected to meet the minimum qualifications for the higher classification. d. The County shall make reasonable efforts to offer out of class assignments to all interested employees on a voluntary basis. Pay for work in a higher classification shall not be utilized as a substitute for regular promotional procedures provided in this Memorandum. e. Higher pay assignments shall not exceed six (6) months except through reauthorization. July 12, 2016 Contra Costa County Board of Supervisors 399 f. If approval is granted for pay for work in a higher classification and the assignment is terminated and later reapproved for the same employee within one hundred eighty (180) days no additional waiting period will be required. g. Any incentives (e.g., the education incentive) and special differentials (e.g., bilingual differential and hazardous duty differential) accruing to the employee in his/her permanent position shall continue. h. During the period of work for higher pay in a higher classification, an employee will retain his/her permanent classification, and anniversary and salary review dates will be determined by time in that classification; except that if the period of work for higher pay in a higher classification exceeds one (1) year continuous employment, the employee, upon satisfactory performance in the higher classification, shall be eligible for a salary review in that class on his/her next anniversary date. Notwithstanding any other salary regulations, the salary step placement of employees appointed to the higher class immediately following termination of the assignment, shall remain unchanged. i. Allowable overtime pay, shift differential and/or work location differentials will be paid on the basis of the rate of pay for the higher class. 5.16 Building Supervisor/Management Differentials. Clerical Supervisors (JWHF) in the Employment and Human Services Department (EHSD) will receive a salary differential of ten percent (10%) of base pay if they are assigned significant building management responsibilities as follows: a. responsible for one or more buildings housing at least 130 employees; or b. responsible for and work in a designated building undergoing significant structural difficulties and/or construction activities; and c. A significant amount of a Clerical Supervisor’s time must be assigned to day to day building management functions, of the buildings described in a. or b. above, such as: i. assisting with space utilization, office/layout/reconfiguration and implementation; ii. initiating work orders and acting as liaison person with EHSD’s Facilities Manager and the Public Works Department regarding building and grounds maintenance issues; iii. significant ongoing contact with Operating Engineers, other trade persons and their supervisors iv. providing functional direction to custodians regarding work priorities or non-routine requests; v. writing under own signature or signature of the Building Manager memorandums to staff on unique building policies and procedures. July 12, 2016 Contra Costa County Board of Supervisors 400 EHSD has the sole discretion to designate and remove employees who are assigned building management responsibilities that qualify for this Building Management Differential. Overall coordination of facilities management for EHSD is not the responsibility of the Clerical Supervisor class. 5.17 Payment. On the tenth (10th) day of each month, the Auditor will draw a warrant upon the Treasurer in favor of each employee for the amount of salary due the employee for the preceding month; provided, however, that each employee (except those paid on an hourly rate) may choose to receive an advance on the employee's monthly salary, in which case the Auditor shall, on the twenty-fifth (25th) day of each month, draw his/her warrant upon the Treasurer in favor of such employee. The advance shall be in an amount equal to one-third (1/3) or less, at the employee's option, of the employee's basic salary of the previous month except that it shall not exceed the amount of the previous month's basic salary less all requested or required deductions. The election to receive an advance shall be made on or before April 30 or October 31 of each year or during the first month of employment by filing on forms prepared by the Auditor-Controller a notice of election to receive salary advance. Each election shall become effective on the first day of the month following the deadline for filing the notice and shall remain effective until revoked. In the case of an election made pursuant to this Section, all required or requested deductions from salary shall be taken from the second installment, which is payable on the tenth (10th) day of the following month. 5.18 Pay Warrant Errors. If an employee receives a pay warrant which has an error in the amount of compensation to be received and if this error occurred as a result of a mistake by the Auditor-Controller's Department, it is the policy of the Auditor-Controller's Department that the error will be corrected and a new warrant issued within forty-eight (48) hours, exclusive of Saturdays, Sundays and holidays from the time the Department is made aware of and verifies that the pay warrant is in error. Pay errors in employee pay shall be corrected as soon as possible as to current pay rate but that no recovery of either overpayments or underpayments to an employee shall be made retroactively except for the six (6) month period immediately preceding discovery of the pay error. This provision shall apply regardless of whether the error was made by the employee, the appointing authority or designee, the Director of Human Resources or designee, or the Auditor-Controller or designee. Recovery of fraudulently accrued over or underpayments are excluded from this section for both parties. When the County notifies an employee of an overpayment and proposed repayment schedule, the employee may accept the proposed repayment schedule or may request a meeting through the County Human Resources Department. If requested, a meeting shall be held to determine a repayment schedule which shall be no longer than three times (3) the length of time the overpayment occurred. If requested by the employee, a July 12, 2016 Contra Costa County Board of Supervisors 401 Union representative may be present at a meeting with management to discuss a repayment schedule in the case of overpayments to the employee. SECTION 6 - DAYS AND HOURS OF WORK 6.1 Definitions. A. Regular Work Schedule: A regular work schedule is eight (8) hours per day, Monday through Friday, inclusive, for a total of forty (40) hours per week. B. Alternate Work Schedule: An alternate work schedule is any work schedule where an employee is regularly scheduled to work five (5) days per week, but the employee’s regularly scheduled two (2) days off are NOT Saturday and Sunday. C. Flexible Work Schedule: A flexible work schedule is any schedule that is not a regular, alternate, 9/80, or 4/10 work schedule and where the employee is not scheduled to work more than 40 hours in the "workweek" as defined in Subsections F. and H., below. D. 4/10 Work Schedule: A 4/10 work schedule is four (4) ten hour days in a seven (7) day period, for a total of forty (40) hours per week. E. 9/80 Work Schedule: A 9/80 work schedule is where an employee works a recurring schedule of thirty-six (36) hours in one calendar week and forty-four (44) hours in the next calendar week, but only forty (40) hours in the designated workweek. In the thirty-six (36) hour calendar week, the employee works four (4) nine (9) hour days and has the same day of the week off that is worked for eight (8) hours in the forty-four (44) hour calendar week. In the forty-four (44) hour calendar week, the employee works four (4) nine (9) hour days and one (1) eight (8) hour day. F. Workweek for Employees on Regular, Flexible, Alternate, and 4/10 Work Schedules: For employees on regular, alternate, and 4/10 work schedules, the workweek begins at 12:01 a.m. on Monday and ends at 12 midnight on Sunday. G. Workweek for Employees on a 9/80 Work Schedule: The 9/80 workweek begins on the same day of the week as the employee’s eight (8) hour work day and regularly scheduled 9/80 day off. The start time of the workweek is four (4) hours and one (1) minute after the start time of the eight (8) hour workday. The end time of the workweek is four (4) hours after the eight (8) hour workday start time. The result is a workweek that is a fixed and regularly recurring period of seven (7) consecutive twenty-four (24) hour periods (168 hours). H. Workweek for Twenty-Four Hour (24) Facility Employees: For employees who work in a twenty-four (24) hour facility in the Health Services Department, and who are not on a 9/80 work schedule, the workweek begins at 12:01 a.m. Sunday and ends at 12:00 midnight on Saturday. July 12, 2016 Contra Costa County Board of Supervisors 402 6.2 Time Reporting/Time Stamping. Temporary and Permanent Intermittent (hourly) employees must timestamp in and out as they begin their work shifts, finish their work shifts, and take meal periods. Salaried employees will report time off and time worked for special pays on the electronic timecard. 6.3 Time Reporting and Pay Practices Waiver. The Union agrees to the implementation of an Automated Timekeeping System. SECTION 7 - OVERTIME AND COMPENSATORY TIME 7.1 Overtime. A. Permanent full-time and part-time employees in the Property Appraisers Unit, and employees in the Engineering Technician Unit are eligible to receive overtime pay or overtime compensatory time off for any authorized work performed; 1. in excess of forty (40) hours per week; or 2. in excess of eight (8) hours per day and that exceed the employee’s daily number of scheduled hours. For example, an employee who is scheduled to work ten (10) hours per day and who works eleven (11) hours on a particular day would be entitled to one (1) hour of overtime. Worked performed does not include non-work hours. Overtime pay is compensated at the rate of one and one-half (1-1/2) times the employee's base rate of pay (not including shift and any other special differentials). Any special differentials that are applicable during overtime hours worked will be computed on the employee’s base rate of pay, not on the overtime rate of pay. Overtime for permanent employees is earned and credited in a minimum of one- half (1/2) hour increments and is compensated by either pay or compensatory time off. Employees in the Social Service Staff Specialist Unit, Income Maintenance Unit and Clerical Supervisors Unit are not eligible to receive the overtime pay, straight time pay or compensatory time described in this Section 7. B. Permanent Intermittent and temporary employees in the Property Appraisers Unit, and employees in the Engineering Technician Unit are eligible to receive overtime pay for any authorized work performed in excess of forty (40) hours per week or in excess of eight (8) hours per day. Work performed does not include non-work hours. Overtime pay is compensated at the rate of one and one-half (1.5) times the employee’s hourly base rate of pay (not including shift or any other special differentials). Any special differentials that are applicable during overtime hours worked will be computed on the employee’s base hourly rate of pay, not on the overtime rate of pay. July 12, 2016 Contra Costa County Board of Supervisors 403 7.2 Straight Time Pay. Permanent full-time and part-time employees in the Property Appraisers Unit, and employees in the Engineering Technician Unit are eligible to receive straight time pay or straight time compensatory time off for hours worked in excess of the employee’s daily number of scheduled hours that do not qualify for overtime pay as described in Section 7.1 above. For example, if an employee is scheduled to work from 8:00 a.m. to 5:00 p.m. but uses accruals for 8:00 a.m. to 10:00 a.m. and works from 10:00 a.m. to 7:00 p.m., he/she would be entitled to two hours of straight time pay for the 5:00 p.m. to 7:00 p.m. hours worked. Straight time pay is calculated at the rate of one (1.0) times the employee’s base rate of pay (not including differentials or shift pays). 7.3 Overtime and Straight Time Compensatory Time. The following provisions shall apply: A. Employees may elect to accrue overtime compensatory time off and straight time compensatory time off (hereinafter collectively referred to as “compensatory time off”) in lieu of overtime pay and straight time pay. Eligible employees who elect to receive compensatory time off must agree to do so for a full fiscal year (July 1 through June 30). The employee must notify their department payroll staff of any change in the election by May 31 of each year. B. The names of those employees electing to accrue compensatory time off shall be placed on a list maintained by the Department. New employees hired after May 31 of each year who become eligible (including those demoted/promoted, etc.) for compensatory time off in accordance with these guidelines must wait until the next fiscal year to select comp time. The employee will become eligible to elect comp time for the following fiscal year as outlined in 7.3.A above. C. Overtime compensatory time off shall be accrued at the rate of one and one-half (1-1/2) times the actual authorized overtime hours worked by the employee. Straight time compensatory time off will be accrued at the rate of one (1.0) times the actual authorized straight time hours worked by the employee. Compensatory time off will be taken in increments of one (1) minute. D. Employees may not accrue a compensatory time off balance that exceeds one hundred twenty (120) hours (i.e., eighty (80) hours at time and one-half). Once the maximum balance has been attained, authorized straight time and overtime hours will be paid at the applicable straight time or overtime rate. If the employee's balance falls below one hundred twenty (120) hours, the employee shall again accrue compensatory time off for authorized straight time and overtime hours worked until the employee's balance again reaches one hundred twenty (120) hours. E. Accrued compensatory time off shall be carried over for use in the next fiscal year; however, as provided in D. above, accrued compensatory time off balances may not exceed one hundred twenty (120) hours. F. Employees may not use more than one hundred twenty (120) hours of compensatory time off in any fiscal year period (July 1 - June 30). July 12, 2016 Contra Costa County Board of Supervisors 404 G. The use of accrued compensatory time off shall be by mutual agreement between the Department Head or his/her designee and the employee. Compensatory time off shall not be taken when the employee should be replaced by another employee who would be eligible to receive, for time worked, either overtime payment or compensatory time accruals as provided for in this Section. This provision may be waived at the discretion of the Department Head or his or her designee. H. When an employee promotes, demotes or transfers from one classification eligible for compensatory time off to another classification eligible for compensatory time off within the same department, the employee's accrued compensatory time off balance will be carried forward with the employee. I. Compensatory time accrual balances will be paid off when an employee moves from one department to another through promotion, demotion or transfer. Said payoff will be made in accordance with the provisions and salary of the class from which the employee is promoting, demoting or transferring as set forth in J. below. J. Since employees accrue overtime compensatory time off at the rate of one and one-half (1-1/2) hours for each hour of authorized overtime worked, accrued overtime compensatory time balances will be paid off at the straight time rate for the employee's current salary whenever: 1. the employee changes status and is no longer eligible for compensatory time off; 2. the employee promotes, demotes or transfers to another department; 3. the employee separates from County service; 4. the employee retires. K. The Office of the County Auditor-Controller will establish timekeeping procedures to administer this Section. 7.4 Fair Labor Standards Act Provisions. The Fair Labor Standards Act, as amended, may govern certain terms and conditions of the employment of employees covered by this MOU. It is anticipated that compliance with the Act may require changes in some of the County policies and practices currently in effect or agreed upon. If it is determined by the County that certain working conditions, including but not limited to work schedules, hours of work, method of computing overtime, overtime pay and compensatory time off entitlements or use, must be changed to conform with the Fair Labor Standards Act, such terms and conditions of employment shall not be controlled by this MOU but shall be subject to modification by the County to conform to the Federal Law, without further meeting and conferring. The County shall notify the Union (employee organizations) and will meet and confer with said organization regarding the implementation of such modifications. July 12, 2016 Contra Costa County Board of Supervisors 405 SECTION 8 - CALL -BACK TIME PAY A permanent full time and permanent part time employee who is called back to duty will be paid for Call Back Time. Call Back Time occurs when an employee is not scheduled to work and is not on County premises, but is called back to work on County premises or for a County work assignment. An employee called back to work will be paid Call Back Time Pay at the rate of one and one-half (1.5) times his/her base rate of pay (not including differentials) for the actual Call Back Time worked plus one (1) hour. An employee called back to work will be paid a minimum of two (2) hours for each Call Back Time event. SECTION 9 - ON-CALL DUTY A permanent full-time or part-time employee assigned to On-Call Duty is paid one (1) hour of straight time pay for each four (4) hours designated as on-call duty. If an employee’s on-call duty hours are not in increments of four (4) hours, the on-call duty hours will be pro-rated. For example, if the employee is assigned to on-call duty for six (6) hours, the employee would receive one and one-half (1.5) hours of straight time pay for the six (6) hours of designated on-call duty (6 hours ÷ 4 hours=1.5 hrs.). If an employee is called back to work while assigned to on-call duty, the employee will be paid for the total assigned on-call duty hours regardless of when the employee returns to work. An employee is considered assigned to on-call duty if all of the following criteria are met: A. A permanent full-time or part-time employee is not scheduled to work on County premises, but is required to report to work immediately if called. The employee must provide his/her supervisor with current contact information so that the supervisor can reach the employee with ten (10) minutes or less notice. B. The Department Head designates and approves those permanent full-time or part-time employees who will be assigned to on-call duty. SECTION 10 - SHIFT DIFFERENTIAL 10.1 Shift Differential. A. Permanent Full Time and Permanent Part Time Employees: 1. Permanent full time and permanent part time employees will receive a shift differential of five percent (5%) for the employee’s entire scheduled shift when the employee is scheduled to work for four (4) or more hours between 5:00p.m. and 9:00a.m. 2. In order to receive the shift differential, the employee must start work between the hours of midnight and 5:00 a.m. or 11:00 a.m. and midnight on the day the shift is scheduled to begin. Hours worked in excess of the employee’s scheduled workday will count towards qualifying for the shift differential, but the employee will not be paid the shift differential on any excess hours worked. July 12, 2016 Contra Costa County Board of Supervisors 406 3.Employees who commence a vacation, paid sick leave period, paid disability or other paid leave immediately after working a shift that qualifies for the shift differential, will have the shift differential included in computing the pay for their time on paid leave. Employees on a rotating shift schedule who commence a vacation, paid sick leave, paid disability, or other paid leave will be paid the shift differential that they would have received had the employees worked the scheduled shift during the period of paid leave. Shift differential shall only be paid during paid sick leave and paid disability leave as provided above for the first thirty (30) calendar days of each absence. B. Permanent-Intermittent and Temporary Employees: 1. Permanent-intermittent and temporary employees shall receive a shift differential of five percent (5%) for a maximum of eight (8) hours per work day and/or forty (40) hours per workweek when the employee works four (4) or more hours between 5:00p.m. and 9:00a.m. 2.In order to receive the shift differential, the employee must start work between the hours of midnight and 5:00 a.m. or 11:00 a.m. and midnight on the day the shift is scheduled to begin. Hours worked in excess of eight (8) hours in a workday will count towards qualifying for the shift differential, but the employee will not be paid the shift differential on any excess hours worked. 10.2 Standards Division Differential. Associate Appraisers assigned to the Standards Division of the Assessor’s Office shall receive a monthly differential in the amount of two and one-half percent (2.5%) of monthly base pay for each month assigned. This differential is in recognition of the additional responsibilities and duties required when assigned to the Standards Division. The Associate Appraiser in the Standards Division who is assigned the responsibility of providing lead direction and training to subordinate Appraisers shall receive a monthly differential in the amount of two and one-half percent (2.5%) of monthly base pay in addition to the differential described above. SECTION 11 - SENIORITY, WORKFORCE REDUCTION, LAYOFF & REASSIGNMENT 11.1 Workforce Reduction. In the event that funding reductions or shortfalls in funding occur in a department or are expected, which may result in layoffs, the department will notify the union and take the following actions: a.Identify the classification(s) in which position reductions may be required due to funding reductions or shortfalls. July 12, 2016 Contra Costa County Board of Supervisors 407 b.Advise employees in those classifications that position reductions may occur in their classifications. c.Accept voluntary leaves of absence from employees in those classifications which do not appear to be potentially impacted by possible position reductions when such leaves can be accommodated by the department. d.Consider employee requests to reduce their position hours from full time to part time to alleviate the impact of the potential layoffs. e.Approve requests for reduction in hours, lateral transfers, and voluntary demotions to vacant, funded positions in classes not scheduled for layoffs within the department, as well as to other departments not experiencing funding reductions or shortfalls when it is a viable operational alternative for the department(s). f.Review various alternatives which will help mitigate the impact of the layoff by working through the Tactical Employment Team program (TET) to: 1.Maintain an employee skills inventory bank to be used as a basis for referrals to other employment opportunities. 2.Determine if there are other positions to which employees may be transferred. 3.Refer interested persons to vacancies which occur in other job classes for which they qualify and can use their layoff eligibility. 4.Establish workshops to aid laid off employees in areas such as resume preparation, alternate career counseling, job search strategy, and interviewing skills. g.When it appears to the Department Head and/or Labor Relations Officer that the Board of Supervisors may take action which will result in the layoff of employees in a representation unit, the Labor Relations Officer shall notify the Union of the possibility of such layoffs and shall meet and confer with the Union regarding the implementation of the action. 11.2 Separation Through Layoff. A. Grounds for Layoff. Any employee(s) having permanent status in position(s) in the merit service may be laid off when the position is no longer necessary, or for reasons of economy, lack of work, lack of funds or for such other reason(s) as the Board of Supervisors deems sufficient for abolishing the position(s). B. Order of Layoff. The order of layoff in a department shall be based on inverse seniority in the class of positions, the employee in that department with least seniority being laid off first and so on. C. Layoff By Displacement. July 12, 2016 Contra Costa County Board of Supervisors 408 1. In the Same Class. A laid off permanent full time employee may displace an employee in the department having less seniority in the same class who occupies a permanent-intermittent or permanent part-time position, the least senior employee being displaced first. 2. In the Same Level or Lower Class. A laid off or displaced employee who had achieved permanent status in a class at the same or lower salary level as determined by the salary schedule in effect at the time of layoff may displace within the department and in the class of an employee having less seniority; the least senior employee being displaced first, and so on with senior displaced employees displacing junior employees. D. Particular Rules on Displacing. 1. Permanent-intermittent and permanent part-time employees may displace only employees holding permanent positions of the same type respectively. 2. A permanent full time employee may displace any intermittent or part-time employee with less seniority 1) in the same class or, 2) in a class of the same or lower salary level if no full time employee in a class at the same or lower salary level has less seniority than the displacing employees. 3. Former permanent full time employees who have voluntarily become permanent part-time employees for the purpose of reducing the impact of a proposed layoff with the written approval of the Director of Human Resources or designee retain their permanent full time employee seniority rights for layoff purposes only and may in a later layoff displace a full time employee with less seniority as provided in these rules. E. Seniority. An employee's seniority within a class for layoff and displacement purposes shall be determined by adding the employee's length of service in the particular class in question to the employee's length of service in other classes at the same or higher salary levels as determined by the salary schedule in effect at the time of layoff. Employees reallocated or transferred without examination from one class to another class having a salary within five (5%) percent of the former class, as provided in Section 305.2 of the PMRs, shall carry the seniority accrued in the former class into the new class. Employees reallocated to a new deep class upon its initiation or otherwise reallocated to a deep class because the duties of the position occupied are appropriately described in the deep class shall carry into the deep class the seniority accrued or carried forward in the former class and seniority accrued in other classes which have been included in the deep class. Service for layoff and displacement purposes includes only the employee's last continuous permanent County employment. Periods of separation may not be bridged to extend such service unless the separation is a result of layoff in which case bridging will be authorized if the employee is reemployed in a permanent position within the period of layoff eligibility. July 12, 2016 Contra Costa County Board of Supervisors 409 Approved leaves of absence as provided for in these rules and regulations shall not constitute a period of separation. In the event of ties in seniority rights in the particular class in question, such ties shall be broken by length of last continuous permanent County employment. If there remain ties seniority rights, such ties shall be broken by counting total time in the department in permanent employment. Any remaining ties shall be broken by random selection among the employees involved. F. Eligibility for Layoff List. Whenever any person who has permanent status is laid off, has been displaced, has been demoted by displacement or has voluntarily demoted in lieu of layoff or displacement, or has transferred in lieu of layoff or displacement, the person's name shall be placed on the layoff list for the class of positions from which that person has been removed. G. Order of Names on Layoff List. First, layoff lists shall contain the names of persons laid off, displaced, or demoted as a result of a layoff or displacement, or who have voluntarily demoted or transferred in lieu of layoff or displacement. Names shall be listed in order of layoff seniority in the class from which laid off, displaced, demoted or transferred on the date of layoff, the most senior person listed first. In case of ties in seniority, the seniority rules shall apply except that where there is a class seniority tie between persons laid off from different departments, the tie(s) shall be broken by length of last continuous permanent County employment with remaining ties broken by random selection among the employees involved. H. Duration of Layoff and Reemployment Rights. The name of any person granted reemployment privileges shall continue on the appropriate list for a period of two (2) years. Persons placed on layoff lists shall continue on the appropriate list for a period of four (4) years. I. Certification of Persons From Layoff Lists. Layoff lists contain the name(s) of person(s) laid off, displaced or demoted by displacement or voluntarily demoted in lieu of layoff or transferred in lieu of layoff or displacement. When a request for personnel is received from the appointing authority of a department from which an eligible(s) was laid off, the appointing authority shall receive and appoint the eligible highest on the layoff list from the department. When a request for personnel is received from a department from which an eligible(s) was not laid off, the appointing authority shall receive and appoint the eligible highest on the layoff list who shall be subject to a probationary period. A person employed from a layoff list shall be appointed at the same step of the salary range the employee held on the day of layoff. J. Removal of Names from Reemployment & Layoff Lists. The Director of Human Resources may remove the name of any eligible from a reemployment or layoff list for any reason listed below: 1. For any cause stipulated in Section 404.1 of the Personnel Management Regulations. July 12, 2016 Contra Costa County Board of Supervisors 410 2. On evidence that the eligible cannot be located by postal authorities. 3. On receipt of a statement from the appointing authority or eligible that the eligible declines certification or indicates no further desire for appointment in the class. 4. If three (3) offers of permanent appointment to the class for which the eligible list was established have been declined by the eligible. A single offer is defined as an offer of all the permanent positions that are available at that time. A rejection of all of those offered positions constitutes a single declination. 5. If the eligible fails to respond to the Director of Human Resources or the appointing authority within ten (10) days to written notice of certification mailed to the person's last known address. 6. If the person on the reemployment or layoff list is appointed to another position in the same or lower classification, the name of the person shall be removed. 7. However, if the first permanent appointment of a person on a layoff list is to a lower class which has a top step salary lower than the top step of the class from which the person was laid off, the name of the person shall not be removed from the layoff list. K. Removal of Names from Reemployment and Layoff Certifications. The Director of Human Resources may remove the name of any eligible from a reemployment or layoff certification if the eligible fails to respond within five (5) days to a written notice of certification mailed to the person's last known address. 11.3 Notice. The County will give employees scheduled for layoff at least ten (10) work days notice prior to their last day of employment. 11.4 Special Employment Lists. The County will establish a Tactical Employment Team (TET) employment pool which will include the names of all laid off County employees. The names of employees who remain County employees but who have been displaced or who have demoted as a result of a layoff or displacement, or who have voluntarily demoted or transferred in lieu of layoff or displacement will also be included in the TET employment pool. Special employment lists for job classes may be established from the pool. Persons placed on a special employment list must meet the minimum qualifications for the class. An appointment from such a list will not affect the individual's status on a layoff list(s). The name of any person included in the TET employment pool shall continue to be in the pool for a period of four (4) years, unless the employee’s name is removed from the layoff list, which will cause the employee’s name to be removed from the TET pool as well. Employees in the TET employment pool shall be guaranteed a job interview for any vacant funded position for which they meet the minimum qualifications. If there are more than five such employees who express an interest for one vacant funded position, July 12, 2016 Contra Costa County Board of Supervisors 411 the five most senior employees shall be interviewed. Seniority for this subsection shall be County seniority. 11.5 Reassignment of Laid Off Employees. Employees who displaced within the same classification from full time to part-time or intermittent status in a layoff, or who voluntarily reduced their work hours to reduce the impact of layoff, or who accepted a position of another status than that from which they were laid off upon referral from the layoff list, may request reassignment back to their pre-layoff status (full time or part-time or increased hours). The request must be in writing in accord with each department's reassignment bid or selection process. Employees will be advised of the reassignment procedure to be followed to obtain reassignment back to their former status at the time of the workforce reduction. The most senior laid off employee in this status who requests such a reassignment will be selected for the vacancy; except when a more senior laid off individual remains on the layoff list and has not been appointed back to the class from which laid off, a referral from the layoff list will be made to fill the vacancy. SECTION 12 - HOLIDAYS 12.1 Holidays and Personal Holiday Credit. The County will observe the following holidays: A. January 1st, known as New Year’s Day Third Monday in January known as Dr. M. L. King, Jr. Day Third Monday in February, known as Presidents’ Day The last Monday in May, known as Memorial Day July 4th known as Independence Day First Monday in September, known as Labor Day November 11th, known as Veterans Day Fourth Thursday in November, known as Thanksgiving Day The Friday after Thanksgiving Day December 25th, known as Christmas Day Such other days as the Board of Supervisors may by resolution designate as holidays. 1. Any holiday observed by the County that falls on a Saturday is observed on the preceding Friday, and any holiday that falls on a Sunday is observed on the following Monday. 2. For employees in the Health Services Department who are assigned to units or services on a shift operational cycle that includes Saturdays and Sundays, holidays are observed on the day that the holiday falls regardless if it is a Saturday or Sunday. 3. For employees who work in twenty-four (24) hour facilities other than in the Health Services Department and who are assigned to work on a holiday, any holiday that falls on a Saturday will be observed on a Saturday, and any holiday that falls on a Sunday will be observed on a Sunday. July 12, 2016 Contra Costa County Board of Supervisors 412 B. Each full-time employee shall accrue four (4) hours of personal holiday credit per month. Such personal holiday time may be taken in one (1) minute increments, and preference of personal holidays shall be given to employees according to their seniority in their department as reasonably as possible. No employee may accrue more than forty (40) hours of personal holiday credit. On separation from County service, an employee will be paid for any unused personal holiday credits at the employee's then current pay rate. 12.2 Holiday is Observed (NOT WORKED) A. Full Time Employees: 1. Holidays Observed – Full-Time Employees: Full-time employees on regular, 4/10, 9/80, flexible, and alternate work schedules are entitled to observe a holiday (eight (8) hours off), without a reduction in pay, whenever a holiday is observed by the County. 2. Holidays Observed on Regular Day Off of Full Time Employees on 4/10, 9/80, Flexible, and Alternative Work Schedule: When a holiday is observed by the County on the regularly scheduled day off of an employee who is on a 4/10, 9/80, flexible, or alternate work schedule, the employee is entitled to take eight (8) hours off, without reduction in pay, in recognition of the holiday. The employee is also entitled to receive eight (8) hours of flexible pay at the rate of 1.0 times his/her base rate of pay (not including differentials) or flexible compensatory time in recognition of his/her regularly scheduled day off. Those employees covered by this subsection who before March 1, 2010, moved a holiday that fell on a scheduled day off to the work day preceding or following the holiday, will be given priority for request for time off on the day they would have observed the holiday over other requests for time off. This priority treatment does not apply to scheduled and approved vacation requests already granted to other employees. Further, the County retains the right to determine the maximum number of employees who may take time off work at the same time. 3. Holiday Observed – Full Time Employees Scheduled in Excess of Eight (8) Hours: When a holiday falls on an employee’s regularly scheduled workday, the employee is entitled to only eight (8) hours off without a reduction in pay. If the workday is a nine (9) hour day, the employee must use one (1) hour of non-sick leave accruals. If the workday is a ten (10) hour day, the employee must use two (2) hours of non-sick leave accruals. If the employee does not have any non- sick leave accrual balances, leave without pay (AWOP) will be authorized. 4. Holiday Observed – Full Time Employees Scheduled for Less Than Eight (8) Hours: When a full time employee is scheduled to work less July 12, 2016 Contra Costa County Board of Supervisors 413 than eight (8) hours on a holiday and the employee observes the holiday, the employee is also entitled to receive flexible pay at the rate of 1.0 times his/her base rate of pay (not including differentials) for the difference between eight (8) hours and the hours the employee was schedule to work on the holiday. B. Part Time Employees: 1. Holidays Observed – Part-Time Employees: When a holiday is observed by the County, each part time employee is entitled to observe the holiday in the same ratio as his/her number of position hours bears to forty (40) hours, multiplied by eight (8) hours, without a reduction in pay. For example, a part time employee whose position hours are 24 per week is entitled to 4.8 hours off work on a holiday (24/40 x 8 =4.8). Hereafter, the number of hours produced by this calculation will be referred to as the “part time employee’s holiday hours.” 2. Holiday Observed on Regular Day Off of Part Time Employees: When a holiday is observed by the County on the regularly scheduled day off of a part time employee, the part time employee is entitled to observe the holiday in the amount of the “part time employee’s holiday hours,” without a reduction in pay, in recognition of the holiday. The employee is also entitled to receive flexible pay at the rate of 1.0 times his/her base rate of pay (not including differentials) or flexible compensatory time, in the amount of the “part time employee’s holiday hours” in recognition of his/her scheduled day off. 3. Holiday Observed – Part Time Employees Scheduled to Work in Excess of “Part Time Employee’s Holiday Hours”: When the number of hours in a part time employee’s scheduled work day that falls on a holiday is more than the employee’s “part time employee’s holiday hours”, the employee must use non-sick leave accruals for the difference between the employee’s scheduled work hours and the employee’s “part time employee’s holiday hours.” If the employee does not have any non-sick leave accrual balances, leave without pay (AWOP) will be authorized. 4. Holiday Observed – Part Time Employees Scheduled to Work Less Than “Part Time Employee’s Holiday Hours”: When the number of hours in a part time employee’s scheduled work day that falls on a holiday is less than the employee’s “part time employee’s holiday hours”, the employee is also entitled to receive flexible pay at the rate of 1.0 times his/her rate of pay (not including differentials) for the difference between the employee’s schedule work hours and the employee’s “part time employee’s holiday hours.” July 12, 2016 Contra Costa County Board of Supervisors 414 12.3 Holiday is WORKED. A. Full Time Employees: 1. Holiday Falls on Regularly Scheduled Work Day of Full Time Employees on Regular, 4/10, 9/80, Flexible, and Alternate Work Schedules: When a full time employee works on a holiday that falls on the employee’s regularly scheduled work day, the employee is entitled to receive his/her regular salary. The employee is also entitled to receive holiday pay at the rate of one and one half (1.5) times his/her base rate of pay (not including differentials) or holiday compensation time at the same rate, for all hours worked up to a maximum of eight (8) hours. This provision applies to the regular, 4/10, 9/80, flexible, and alternate work schedules. 2. Holiday Worked - Full Time Employee Scheduled less than Eight (8) hours on Regularly Scheduled Work Day: When a full time employee is scheduled to work less than eight (8) hours on a holiday (hereafter referred to as “full time employee short shift”), and the employee works that full time employee short shift, the employee is also entitled to receive flexible pay at the rate of 1.0 times his/her base rate of pay (not including differentials) or flexible compensatory time for the difference between eight (8) hours and the employee’s scheduled full time employee short shift hours. 3. Holiday Falls on Regularly Scheduled Day Off of Full-Time Employees on 4/10, 9/80, Flexible, and Alternate Work Schedules: When a full- time employee works on a holiday that falls on the employee’s regularly scheduled day off, the employee is entitled to receive his/her regular salary. The employee is also entitled to receive overtime pay at the rate of one and one half (1.5) times his/her base rate of pay (not including differentials) or compensation time at the same rate for all hours worked on the holiday. The employee is entitled to receive eight (8) hours of flexible compensatory time or pay, at the rate of 1.0 times his/her base rate of pay, in recognition of his/her scheduled day off. This provision only applies to employees on 4/10, 9/80, flexible, and alternate work schedules. B. Part Time Employees: 1. Holiday Falls on Regularly Scheduled Work Day: When a part time employee works on a holiday that falls on the employee’s scheduled work day, the part time employee is entitled to receive his/her regular salary. The part time employee is also entitled to receive holiday pay at the rate of one and one half (1.5) times his/her base rate of pay (not including differentials) or holiday compensatory time for all hours worked on the holiday, up to a maximum of the “part time employee’s holiday hours.” July 12, 2016 Contra Costa County Board of Supervisors 415 2. Holiday Worked- Part Time Employee Scheduled for Less than “Part Time Employee’s Holiday Hours” on Regularly Scheduled Work Day: When a part time employee is scheduled to work less than the employee’s “part time employee’s holiday hours” on a holiday (hereafter referred to as “part time employee short shift”), and the employee works that part time employee short shift, the employee is also entitled to receive flexible pay at the rate of 1.0 times his/her base rate of pay (not including differentials) or flexible compensatory time for the difference between the “part time employee’s holiday hours” and the part time employee short shift hours. 3. Holiday Worked- Part Time Employee Scheduled to Work in Excess of “Part Time Employee’s Holiday Hours” on Regularly Scheduled Work Day: When a part time employee is scheduled to work more than his/her “part time employee’s holiday hours” on a holiday (hereafter referred to as “part time employee long shift”), and the employee works more than the part time employee long shift hours, the employee is entitled to receive straight time pay at the rate of 1.0 time his/her base rate of pay (not including differentials) or compensatory time up to eight (8) hours. When a part-time employee works more than his/her part time employee long shift hours and beyond eight (8) hours, the part time employee is entitled to receive overtime pay at the rate of one and one half (1.5) times his/her base rate of pay (not including differentials) or compensatory time for all hours worked beyond the part time employee long shift hours that exceed eight (8) hours. 4. Holiday Falls on Regularly Scheduled Day Off of Part Time Employee: When a part time employee works on a holiday that falls on the employee’s regularly scheduled day off, the employee is entitled to receive his/her regular salary. The part time employee is also entitled to receive overtime pay at the rate of one and one half (1.5) his/her base rate of pay (not including differentials) or compensatory time for all hours worked on the holiday, up to a maximum of the amount the “part time employee’s holiday hours.” 5. Holiday Worked- Regularly Scheduled Day Off in Excess of “Part Time Employee’s Holiday Hours”: If a part time employee works more than the “part time employee’s holiday hours,” the part time employee is also entitled to receive straight time pay at the rate of 1.0 times his/her base rate of pay (not including differentials) or compensatory time for all hours worked up to a maximum of eight (8) hours. If a part time employee works more than eight (8) hours on the holiday, the part time employee is entitled to receive overtime pay at the rate of one and one half (1.5) times his/her base rate of pay (not including differentials) or compensatory time for all hours worked beyond eight (8) hours. The part time employee is also entitled to receive flexible pay at the rate of 1.0 times his/her base rate of pay (not including differentials) multiplied by the amount of the “part time employee’s holiday hours” or flexible compensatory time in recognition of his/her scheduled day off. July 12, 2016 Contra Costa County Board of Supervisors 416 6. Holiday Worked- Regularly Scheduled Day Off Less Than “Part Time Employee’s Holiday Hours”: If a part-time employee works a part time employee short shift on his/her regularly scheduled day off, the employee is also entitled to receive flexible pay at the rate of 1.0 time his/her base rate of pay (not including differentials) or flexible compensatory time for the difference between the part time employee’s short shift hours and the “part time employee’s holiday hours.” 12.4 Holiday and Compensatory Time Provisions: A. Maximum Accruals of Holiday Compensatory Time: Holiday compensatory time may not be accumulated in excess of two hundred eighty- eight (288) hours. After two hundred eighty-eight (288) hours are accrued by an employee, the employee will receive holiday pay at the rate of one and one half (1.5) times his/her base rate of pay. Holiday compensatory time may be taken at those dates and times determined by mutual agreement of the employee and the Department Head or designee. B. Pay Off of Holiday Compensatory Time: Holiday compensatory time will be paid off only upon a change in status. A change in status includes separation, transfer to another department, reassignment to a permanent- intermittent position, or transfer, assignment, or promotion or demotion into a position that is not eligible for holiday compensatory time. C. Maximum Accruals of Flexible Compensatory Time: Flexible compensatory time may not be accumulated in excess of two hundred eighty- eight (288) hours. After two hundred eighty-eight (288) hours are accrued by an employee, the employee will receive flexible pay at the rate of 1.0 times his/her base rate of pay. Flexible compensatory time may be taken on those dates and times determined by mutual agreement of the employee and the Department Head or designee. D. Pay Off of Flexible Compensatory Time: Flexible compensatory time will be paid off only upon a change in status. A change in status includes separation, transfer to another department, reassignment to a permanent- intermittent position, or transfer assignment, or promotion or demotion into a position that is not eligible for flexible compensatory time. E. Employees who elect to receive flexible compensatory time or holiday compensatory time credit must agree to do so for a full fiscal year (July 1 through June 30). The employee must notify their departmental payroll staff of any change in the election by May 31 of each year. 12.5 Permanent-Intermittent Employees: Permanent-Intermittent employees who work on a holiday are entitled to receive overtime pay at the rate of one and one half (1.5) time his/her base rate of pay (not including differentials) for a maximum of eight (8) hours worked on the holiday. July 12, 2016 Contra Costa County Board of Supervisors 417 SECTION 13 - VACATION AND PAID PERSONAL LEAVE 13.1 Vacation Allowance. Employees in permanent positions are entitled to vacation with pay. Accrual is based upon straight time hours of working time per calendar month of service and begins on the date of appointment to a permanent position. Increased accruals begin on the first of the month following the month in which the employee qualifies. Accrual for portions of a month shall be in minimum amounts of one (1) hour calculated on the same basis as for partial month compensation pursuant to Section 5.8 – Compensation for Portion of Month of this MOU. Vacation credits may be taken in one (1) minute increments. Vacation may not be taken during the first six (6) months of employment except where sick leave has been exhausted; and none shall be allowed in excess of actual accrual at the time vacation is taken. 13.2 Vacation Leave on Reemployment from a Layoff List. Employees with six (6) months or more service in a permanent position prior to their layoff, who are employed from a layoff list, shall be considered as having completed six (6) months tenure in a permanent position for the purpose of vacation leave. The appointing authority or designee will advise the Auditor-Controller's Payroll Unit in each case where such vacation is authorized so that appropriate Payroll system override actions can be taken. 13.3 Vacation Accrual Rates. For employees in the Social Service Staff Specialist Unit, the Property Appraiser Unit, and Clerical Supervisory Unit, the rates at which vacation credits accrue and the maximum accumulation thereof, are as follows: Monthly Maximum Accrual Cumulative Length of Service Hours Hours Under 11 years 10 240 11 years 10-2/3 256 12 years 11-1/3 272 13 years 12 288 14 years 12-2/3 304 15 through 19 years 13-1/3 320 20 through 24 years 16-2/3 400 25 through 29 years 20 480 30 years and up 23-1/3 560 For employees in the Income Maintenance Program and Engineering Technician Units, vacation credits accrue and the maximum accumulation thereof are as follows: July 12, 2016 Contra Costa County Board of Supervisors 418 Monthly Maximum Accrual Cumulative Length of Service Hours Hours Under 5 years 6-2/3 160 5 through 10 years 10 240 11 years 10-2/3 256 12 years 11-1/3 272 13 years 12 288 14 years 12-2/3 304 15 through 19 years 13-1/3 320 20 through 24 years 16-2/3 400 25 through 29 years 20 480 30 years and up 23-1/3 560 A. Vacation Accrual Increases for Employees Hired on and before June 30, 2009: Employees with a first of the month Service Award Date: Each employee with a Service Award Date that is on the first day of a month is eligible to accrue increased vacation hours on his/her Service Award Date. Example: 1. The employee’s Service Award Date is January 1, 1988. 2. The employee reaches 20 years of service on January 1, 2008. 3. January 1, 2008 is the date on which the employee is eligible to begin accruing 16.66 hours of vacation time each month. 4. The increased vacation hours will first appear on the employee’s February 10, 2008 pay warrant. Employees NOT with a first of the month Service Award Date: Each employee whose Service Award Date is NOT on the first day of a month is eligible to accrue increased vacation hours on the first day of the month following the employee's Service Award Date. Example Two: 1. An employee’s Service Award Date is February 24, 1987. 2. The employee reached 20 years of service on February 24, 2007. 3. March 1, 2007 is the date on which the employee is eligible to begin accruing 16.66 hours of vacation time each month. 4. The increased vacation hours will first appear on the employee’s April 10, 2007 pay warrant. July 12, 2016 Contra Costa County Board of Supervisors 419 A. Vacation Accrual Increases for Employees Hired on and after July 1, 2009: Each employee hired on and after July 1, 2009 is eligible to accrue increased vacation hours on the first day of the month following the employee's Service Award Date. Example One: 1. The employee’s Service Award Date is January 1, 1988. 2. The employee reached 20 years of service on January 1, 2008. 3. February 1, 2008 is the date on which the employee is eligible to begin accruing 16.66 hours of vacation time each month. 4. The increased vacation hours will appear on the employee’s March 10, 2008, pay warrant. Example Two: 1. An employee’s Service Award Date is February 24, 1987. 2. The employee reached 20 years of service on February 24, 2007. 3. March 1, 2007 is the date on which the employee is eligible to begin accruing 16.66 hours of vacation time each month. 4. The increased vacation hours will appear on the employee’s April 10, 2007, pay warrant. B. Service Award Date Defined: An employee’s Service Award Date is the first day of his/her temporary, provisional, or permanent appointment to a position in the County. If an employee is first appointed to a temporary or provisional position and then later appointed to a permanent position, the Service Award Date for that employee is the date of the first day of the temporary or provisional appointment. 13.4 Accrual During Leave Without Pay. No employee who has been granted a leave without pay or unpaid military leave shall accrue any vacation credit during the time of such leave, nor shall an employee who is absent without pay accrue vacation credit during the absence. 13.5 Vacation Allowance for Separated Employees. On separation from County service, an employee shall be paid for any unused vacation credits at the employee's then current pay rate. 13.6 Preference. Vacation shall be given to employees according to their seniority in their department as much as is reasonably possible. July 12, 2016 Contra Costa County Board of Supervisors 420 13.7 Prorated Accruals. Employees in permanent part-time and permanent- intermittent positions shall accrue vacation benefits on a prorated basis as provided in Section 36-2.006 of Board Resolution 81/1165. SECTION 14 - SICK LEAVE 14.1 Purpose of Sick Leave. The primary purpose of paid sick leave is to ensure employees against loss of pay for temporary absences from work due to illness or injury. It is a benefit extended by the County and may be used only as authorized; it is not paid time off which employees may use for personal activities. 14.2 Credits To and Charges Against Sick Leave. Sick leave credits accrue at the rate of eight (8) working hours credit for each completed month of service, as prescribed by County Salary Regulations. Employees who work a portion of a month are entitled to a pro rata share of the monthly sick leave credit computed on the same basis as is partial month compensation. Credits to and charges against sick leave are made in minimum amounts of one (1) minute increments. Unused sick leave credits accumulate from year to year. When an employee is separated other than through retirement, accumulated sick leave credits shall be canceled, unless the separation results from layoff, in which case the accumulated credits shall be restored if re-employed in a permanent position within the period of layoff eligibility. As of the date of retirement, an employee's accumulated sick leave is converted to retirement on the basis of one day of retirement service credit for each day of accumulated sick leave credit. 14.3 Policies Governing the Use of Paid Sick Leave. As indicated above, the primary purpose of paid sick leave is to ensure employees against loss of pay for temporary absences from work due to illness or injury. The following definitions apply: Immediate Family: Includes only the spouse, son, stepson, daughter, stepdaughter, father, stepfather, mother, stepmother, brother, sister, grandparent, grandchild, niece, nephew, father-in-law, mother-in-law, daughter-in-law, son-in-law, brother-in-law, sister- in-law, foster children, aunt, uncle, cousin, stepbrother, stepsister, or domestic partner of an employee and/or includes any other person for whom the employee is the legal guardian or conservator, or any person who is claimed as a "dependent" for IRS reporting purposes by the employee. Employee: Any person employed by Contra Costa County in an allocated position in the County service. Paid Sick Leave Credits: Sick leave credits provided for by County Salary Regulations and memoranda of understanding. July 12, 2016 Contra Costa County Board of Supervisors 421 Condition/Reason: With respect to necessary verbal contacts and confirmations which occur between the department and the employee when sick leave is requested or verified, a brief statement in non-technical terms from the employee regarding inability to work due to injury or illness is sufficient. Accumulated paid sick leave credits may be used, subject to appointing authority approval, by an employee in pay status, but only in the following instances: a. Temporary Illness or Injury of an Employee. Paid sick leave credits may be used when the employee is off work because of a temporary illness or injury. b. Permanent Disability Sick Leave. Permanent disability means the employee suffers from a disabling physical injury or illness and is thereby prevented from engaging in any County occupation for which the employee is qualified by reason of education, training or experience. Sick leave may be used by permanently disabled employees until all accruals of the employee have been exhausted or until the employee is retired by the Retirement Board, subject to the following conditions: 1. An application for retirement due to disability has been filed with the Retirement Board. 2. Satisfactory medical evidence of such disability is received by the appointing authority within thirty (30) days of the start of use of sick leave for permanent disability. 3. The appointing authority may review medical evidence and order further examination as deemed necessary, and may terminate use of sick leave when such further examination demonstrates that the employee is not disabled, or when the appointing authority determines that the medical evidence submitted by the employee is insufficient, or where the above conditions have not been met. c. Communicable Disease. An employee may use paid sick leave credits when under a physician's order to remain secluded due to exposure to a communicable disease. d. Sick Leave Utilization for Pregnancy Disability. Employees whose disability is caused or contributed to by pregnancy, miscarriage, abortion, childbirth, or recovery therefrom, shall be allowed to utilize sick leave credit to the maximum accrued by such employee during the period of such disability under the conditions set forth below: 1. Application for such leave must be made by the employee to the appointing authority accompanied by a written statement of disability from the employee's attending physician. The statement must address itself to the employee's general physical condition having considered the nature of the work performed by the employee, and it must indicate the date of the commencement of the disability as well as the date the physician anticipates the disability to terminate. July 12, 2016 Contra Costa County Board of Supervisors 422 2. If an employee does not apply for leave and the appointing authority believes that the employee is not able to properly perform her work or that her general health is impaired due to disability caused or contributed to by pregnancy, miscarriage, abortion, childbirth or recovery therefrom the employee shall be required to undergo a physical examination by a physician selected by the County. Should the medical report so recommend, a mandatory leave shall be imposed upon the employee for the duration of the disability. 3. Except as set forth in Section 14.3 h. Baby/Child Bonding, sick leave may not be utilized after the employee has been released from the hospital unless the employee has provided the County with a written statement from her attending physician stating that her disability continues and the projected dates of the employee's recovery from such disability. e. Medical and Dental Appointments. An employee may use paid sick leave credits: 1. For working time used in keeping medical and dental appointments for the employee's own care; and 2. For working time used by an employee for prescheduled medical and dental appointments for an immediate family member. f. Emergency Care of Family. An employee may use paid sick leave credits for working time used in cases of illness or injury to an immediate family member. g. Death of Family Member. An employee may use paid sick leave credits for working time used because of a death in the employee's immediate family or of the employee’s domestic partner, but this shall not exceed three (3) working days, plus up to two (2) days of work time for necessary travel. Use of additional accruals including sick leave when appropriate may be authorized in conjunction with the bereavement leave at the discretion of the appointing authority. h. Baby/Child Bonding. Upon the birth or adoption of a child, an employee eligible for baby-bonding leave pursuant to the California Family Rights Act may use sick leave credits for such baby-bonding leave. i. Accumulated paid sick leave credits may not be used in the following situations: 1. Vacation. Paid sick leave credits may not be used for an employee's illness or injury which occurs while he is on vacation but the County Administrator may authorize it when extenuating circumstances exist and the appointing authority approves. 2. Not in Pay Status. Paid sick leave credits may not be used when the employee would otherwise be eligible to use paid sick leave credits but is not in pay status. July 12, 2016 Contra Costa County Board of Supervisors 423 14.4 Administration of Sick Leave. The proper administration of sick leave is a responsibility of the employee and the department head. The following procedures apply: a. Employee Responsibilities 1. Employees are responsible for notifying their department of an absence prior to the commencement of their work shift or as soon thereafter as possible. Notification shall include the reason and possible duration of the absence. 2. Employees are responsible for keeping their department informed on a continuing basis of their condition and probable date of return to work. 3. Employees are responsible for obtaining advance approval from their supervisor for the scheduled time of pre-arranged personal or family medical and dental appointment. 4. Employees are encouraged to keep the department advised of (1) a current telephone number to which sick leave related inquiries may be directed, and (2) any condition(s) and/or restriction(s) that may reasonably be imposed regarding specific locations and/or persons the department may contact to verify the employee's sick leave. b. Department Responsibilities. The use of sick leave may properly be denied if these procedures are not followed. Abuse of sick leave on the part of the employee is cause for disciplinary action. Departmental approval of sick leave is a certification of the legitimacy of the sick leave claim. The department head or designee may make reasonable inquiries about employee absences. The department may require medical verification for an absence of three (3) or more working days. The department may also require medical verification for absences of less than three (3) working days for probable cause if the employee had been notified in advance in writing that such verification was necessary. Inquiries may be made in the following ways: 1. Calling the employee's residence telephone number or other contact telephone number provided by the employee if telephone notification was not made in accordance with departmental sick leave call-in guidelines. These inquiries shall be subject to any restrictions imposed by the employee under Section 14.4.a. 2. Obtaining the employee's signature on the Absence/Overtime Record, or on another form established for that purpose, as employee certification of the legitimacy of the claim. 3. Obtaining the employee's written statement of explanation regarding the sick leave claim. July 12, 2016 Contra Costa County Board of Supervisors 424 4. Requiring the employee to obtain a physician's certificate or verification of the employee's illness, date(s) the employee was incapacitated, and the employee's ability to return to work, as specified above. 5. In absences of an extended nature, requiring the employee to obtain from their physician a statement of progress and anticipated date on which the employee will be able to return to work, as specified above. Department heads are responsible for establishing timekeeping procedures which will insure the submission of a time card covering each employee absence and for operating their respective offices in accordance with these policies and with clarifying regulations issued by the Office of the County Administrator. To help assure uniform policy application, the Human Resources Director or designated management staff of the County Human Resources Department should be contacted with respect to sick leave determinations about which the department is in doubt. 14.5 Disability. A. An employee physically or mentally incapacitated for the performance of duty is subject to dismissal, suspension or demotion, subject to the County Employees Retirement Law of 1937. An appointing authority may place an employee on leave if the appointing authority has filed an application for disability retirement for the employee or whom the appointing authority believes to be temporarily physically or mentally incapacitated for the performance of the employees duties. B. An appointing authority who has reasonable cause to believe that there are physical or mental health conditions present in an employee which endanger the health or safety of the employee, other employees, or the public, or which impair the employee's performance of duty, may order the employee to undergo at County expense a physical, medical examination by a licensed physician and/or psychiatric examination by a licensed physician or psychologist, and receive a report of the findings on such examination. If the examining physician or psychologist recommends that treatment for physical or mental health problems, including leave, are in the best interests of the employee or the County in relation to the employee overcoming any disability and/or performing his or her duties the appointing authority may direct the employee to take such leave and/or undergo such treatment. C. Leave due to temporary or permanent disability shall be without prejudice to the employee's right to use sick leave, vacation, or any other benefit to which the employee is entitled other than regular salary. The Human Resources Director may order lost pay restored for good cause and subject to the employee's duty to mitigate damages. D. Before an employee returns to work from any absence for illness or injury, other leave of absence or disability leave, exceeding two weeks in duration, the appointing authority may order the employee to undergo at County expense a physical, medical, and/or psychiatric examination by a licensed physician, and may consider a report of the findings on such examination. If the report shows July 12, 2016 Contra Costa County Board of Supervisors 425 that such employee is physically or mentally incapacitated for the performance of duty, the appointing authority may take such action as he/she deems necessary in accordance with appropriate provisions of this MOU. E. Before an employee is placed on an unpaid leave of absence or suspended because of physical or mental incapacity under (A) or (B) above, the employee shall be given notice of the proposed leave of absence or suspension by letter or memorandum, delivered personally or by certified mail, containing the following: 1. a statement of the leave of absence or suspension proposed; 2. the proposed dates or duration of the leave or suspension which may be indeterminate until a certain physical or mental health condition has been attained by the employee; 3. a statement of the basis upon which the action is being taken; 4. a statement that the employee may review the materials upon which the action is taken; 5. a statement that the employee has until a specified date (not less than seven (7) work days from personal delivery or mailing of the notice) to respond to the appointing authority orally or in writing. F. Pending response to the notice the appointing authority for cause specified in writing may place the employee on a temporary leave of absence, with pay. G. The employee to whom the notice has been delivered or mailed shall have seven (7) work days to respond to the appointing authority either orally or in writing before the proposed action may be taken. H. After having complied with the notice requirements above, the appointing authority may order the leave of absence or suspension in writing stating specifically the basis upon which the action is being taken, delivering the order to the employee either personally or by certified mail, effective either upon personal delivery or deposit in the U.S. Postal Service. I. An employee who is placed on leave or suspended under this section may, within ten (10) calendar days after personal delivery or mailing to the employee of the order, appeal the order in writing through the Director of Human Resources to the Merit Board. Alternatively, the employee may file a written election with the Director of Human Resources waiving the employee's right to appeal to the Merit Board in favor of appeal to a Disability Review Arbitrator. J. In the event of an appeal either to the Merit Board or the Disability Review Arbitrator, the employee has the burden of proof to show that either: 1. the physical or mental health condition cited by the appointing authority does not exist, or July 12, 2016 Contra Costa County Board of Supervisors 426 2. the physical or mental health condition does exist, but it is not sufficient to prevent, preclude, or impair the employee's performance of duty, or is not sufficient to endanger the health or safety of the employee, other employees, or the public. K. If the appeal is to the Merit Board, the order and appeal shall be transmitted by the Director of Human Resources to the Merit Board for hearing under the Merit Board's Procedures, Section 1114-1128 inclusive. Medical reports submitted in evidence in such hearings shall remain confidential information and shall not be a part of the public record. L. If the appeal is to a Disability Review Arbitrator, the employee (and his representative) will meet with the County's representative to mutually select the Disability Review Arbitrator, who may be a de facto arbitrator, or a physician, or a rehabilitation specialist, or some other recognized specialist mutually selected by the parties. The arbitrator shall hear and review the evidence. The decision of the Disability Review Arbitrator shall be binding on both the County and the employee. Scope of the Arbitrator's Review. 1. The arbitrator may affirm, modify or revoke the leave of absence or suspension. 2. The arbitrator may make his decision based only on evidence submitted by the County and the employee. 3. The arbitrator may order back pay or paid sick leave credits for any period of leave of absence or suspension if the leave or suspension is found not to be sustainable, subject to the employee's duty to mitigate damages. 4. The arbitrator's fees and expenses shall be paid one-half by the County and one-half by the employee or employee's association. M. It is understood that the benefits specified in Section 14 – Sick Leave and Section 17 – Workers’ Compensation shall be coordinated with the rehabilitation program as determined by the labor-management committee. 14.6 Accrual During Leave Without Pay. No employee who has been granted a leave without pay or an unpaid military leave shall accrue any sick leave credits during the time of such leave nor shall an employee who is absent without pay accrue sick leave credits during the absence. 14.7 Employee Annual Health Examination. Employees of the County who work in a Health Services Department facility will annually be required to complete a health questionnaire and take a tuberculosis skin test. A chest X-ray will be required if the employee has previously had a positive reaction to a tuberculosis skin test. However, employees will not be required to take X-ray exams in excess of what is required by applicable Federal and State laws. July 12, 2016 Contra Costa County Board of Supervisors 427 Employees will also be requested to be screened for rubella immunity. If the result of the rubella test is negative, the appointing authority or designee will recommend that the employee become immunized. If the employee has direct patient contact and refuses to become immunized, said employee will be relocated to an indirect patient contact area. 14.8 Confidentiality of Information/Records. Any use of employee medical records will be governed by the Confidentiality of Medical Information Act (Civil Code Sections 56 to 56.26). SECTION 15 - CATASTROPHIC LEAVE BANK 15.1 Program Design. The County Human Resources Department will operate a Catastrophic Leave Bank which is designed to assist any County employee who has exhausted all paid accruals due to a serious or catastrophic illness, injury, or condition of the employee or family member. The program establishes and maintains a countywide bank wherein any employee who wishes to contribute may authorize that a portion of his/her accrued vacation, compensatory time, holiday compensatory time or floating holiday be deducted from those account(s) and credited to the Catastrophic Leave Bank. Employees may donate hours either to a specific eligible employee or to the bank. Upon approval, credits from the Catastrophic Leave Bank may be transferred to a requesting employee's sick leave account so that employee may remain in paid status for a longer period of time, thus partially ameliorating the financial impact of the illness, injury, or condition. Catastrophic illness or injury is defined as a critical medical condition, a long-term major physical impairment or disability which manifests itself during employment. 15.2 Operation. The plan will be administered under the direction of the Human Resources Director. The Human Resources Department will be responsible for receiving and recording all donations of accruals and for initiating transfer of credits from the Bank to the recipient's sick leave account. Disbursement of accruals will be subject to the approval of a six (6) member committee composed of three (3) members appointed by the County Administrator and three (3) members appointed by the majority representative employee organizations. The committee shall meet as necessary to consider all requests for credits and shall make determinations as to the appropriateness of the request. The committee shall determine the amount of accruals to be awarded for employees whose donations are non-specific. Consideration of all requests by the committee will be on an anonymous requestor basis. Hours transferred from the Catastrophic Leave Bank to a recipient will be in the form of sick leave accruals and shall be treated as regular sick leave accruals. To receive credits under this plan, an employee must have permanent status, must have exhausted all time off accruals to a level below eight (8) hours total, have applied for a medical leave of absence and have medical verification of need. Donations are irrevocable unless the donation to the eligible employee is denied. Donations may be made in hourly blocks with a minimum donation of not less than four (4) hours per donations from balances in the vacation, holiday, floating holiday, July 12, 2016 Contra Costa County Board of Supervisors 428 compensatory time, or holiday compensatory time accounts. Employees who elect to donate to a specific individual shall have seventy-five percent (75%) of their donation credited to the individual and twenty-five percent (25%) credited to the Catastrophic Leave Bank. Time donated will be converted to a dollar value and the dollar value will be converted back to sick leave accruals at the recipient's base hourly rate when disbursed. Credits will not be on a straight hour-for-hour basis. All computations will be on a standard one hundred seventy three and thirty three hundredths (173.33) basis, except that employees on other than a forty (40) hour week will have hours prorated according to their status. Any recipient will be limited to a total of one thousand forty (1040) hours or its equivalent per catastrophic event; each donor will be limited to one hundred twenty (120) hours per calendar year. No element of this plan is grievable. All appeals from either a donor or recipient will be resolved on a final basis by the Director of Human Resources. No employee will have any entitlement to catastrophic leave benefits. The award of Catastrophic Leave will be at the sole discretion of the committee, both as to amounts of benefits awarded and as to persons awarded benefits. Benefits may be denied, or awarded for less than six (6) months. The committee will be entitled to limit benefits in accordance with available contributions and to choose from among eligible applicants, on an anonymous basis, those who will receive benefits, except for hours donated to a specific employee. In the event a donation is made to a specific employee and the committee determines the employee does not meet the Catastrophic Leave Bank criteria, the donating employee may authorize the hours to be donated to the bank or returned to the donor’s account. The donating employee will have fourteen (14) calendar days from notification to submit his/her decision regarding the status of their donation, or the hours will be irrevocably transferred to the Catastrophic Leave Bank. Any unused hours transferred to a recipient will be returned to the Catastrophic Leave Bank. SECTION 16 - STATE DISABILITY INSURANCE (SDI) 16.1 General Provisions. Contra Costa County participates in the State Disability Insurance (SDI) program, subject to the rules and procedures established by the State of California. The County augments the SDI program with its SDI Integration Program. Changes to the State Disability Insurance program could affect the County’s SDI Integration Program. Determination of SDI payments and eligibility to receive payments is at the sole discretion of the State of California. Employees eligible for SDI benefits are required to apply for SDI benefits and to have those benefits integrated with the use of their sick leave accruals on the following basis: Integration means that employees will be required to use sick leave accruals to supplement the difference between the amount of the SDI payment and the employee's base monthly salary. Integration of sick leave with the SDI benefit is automatic and July 12, 2016 Contra Costa County Board of Supervisors 429 cannot be waived. Integration applies to all SDI benefits paid. For employees off on SDI, the department will make appropriate integration adjustments, including retroactive adjustments if necessary. Employees must inform their department of their SDI application in a timely manner in order for the department to make appropriate integration adjustments. State Disability benefit payments will be sent directly to the employees at their home address by the State of California. When there are insufficient sick leave accruals available to fully supplement the difference between the SDI payment and the employee's base monthly salary, accruals other than sick leave may be used. These accruals may be used only to the extent that total payments do not exceed the employee's base monthly salary. 16.2 Procedures. Employees with more than 1.2 hours of sick leave accruals at the beginning of the disability integration period must integrate their sick leave accrual usage with their SDI benefit to the maximum extent possible. When employees have 1.2 hours or less of sick leave accruals at the beginning of the disability integration period, the department shall automatically use 0.1 hour of sick leave per month for the duration of their SDI benefit. When sick leave accruals are totally exhausted, integration with the SDI benefit terminates. An employee may use any other accruals without reference to or integration with the SDI benefit. When the SDI benefit is exhausted, sick leave integration terminates, then the employee may use sick leave or other accruals. Employees with no sick leave balance at the beginning of the disability integration period may use any other accruals without reference to or integration with the SDI benefit. Employees whose SDI claims are denied must present a copy of their claim denial to their department. The department will then authorize use of unused sick leave and shall authorize the use of other accruals as appropriate. 16.3 Method of Integration. Until an employee has a balance of 1.2 hours of sick leave, the employee's sick leave accrual charges while receiving SDI benefits shall be calculated each month. The amount of sick leave charged each employee will be calculated in the following manner: The percentage of base monthly salary not covered by the SDI benefit will be applied to the daily hours in the employee's schedule and that number of sick leave hours will be charged against the employee's sick leave accruals. For purposes of integration with the SDI program, all full time employees' schedules will be converted to 8-hour/5-day weekly work schedules during the period of integration. July 12, 2016 Contra Costa County Board of Supervisors 430 The formula for full time employees' sick leave integration charges is shown below: L = S-D) ÷ S] x 8 S = Employee Base Monthly Salary H = Estimated Highest Quarter (3-mos) Earnings [H = S x 3] W = Weekly SDI Benefit from State of California SDI Weekly Benefit Table C = Calendar Days in each Month D = Estimated Monthly SDI Benefit [D = (W ÷ 7) x C] L = Sick Leave Charged per Day Permanent part-time, permanent-intermittent employees, and those full time employees working a light/limited duty reduced schedule program shall have their sick leave integration adjusted accordingly. 16.4 Definition. "Base Monthly Salary" for purposes of sick leave integration is defined as the salary amount for the employee's step on the salary schedule for the employee's permanent classification as shown in the "Salary" field on the On-Line Payroll Time Reporting System used by departments for payroll reporting purposes. SECTION 17 - WORKERS' COMPENSATION A permanent non-safety employee shall continue to receive the appropriate percent of regular monthly salary for all accepted claims filed before January 1, 2000. For all accepted claims filed with the County on or after January 1, 2000, the percentage of pay for employees entitled to Workers’ Compensation shall be decreased from eighty-seven percent (87%) to eighty-six percent (86%). For all accepted claims filed with the County on or after January 1, 2007, the percentage of regular monthly salary for employees entitled to Workers’ Compensation shall be decreased from eighty-six percent (86%) to eighty percent (80%). For all accepted claims filed with the County on or after January 1, 2008, the percentage of regular monthly salary for employees entitled to Workers’ Compensation shall be decreased from eighty percent (80%) to seventy-five percent (75%). If Workers’ Compensation becomes taxable, the County agrees to restore the original benefit level (100% of monthly salary) and the parties shall meet and confer with respect to funding the increased cost. A. Waiting Period. There is a three (3) calendar day waiting period before Workers' Compensation benefits commence. If the injured worker loses any time on the day of injury, that day counts as day one (1) of the waiting period. If the injured worker does not lose time on the date of injury, the waiting period will be the first three (3) calendar days the employee does not work as a result of the injury. The time the employee is scheduled to work during this waiting period will be charged to the employee's sick leave and/or vacation accruals. In order to qualify for Workers' Compensation the employee must be under the care of a physician. Temporary compensation is payable on the first three (3) days of disability when the injury necessitates hospitalization, or when the disability exceeds fourteen (14) days. July 12, 2016 Contra Costa County Board of Supervisors 431 B. Continuing Pay. Permanent employees shall continue to receive the appropriate percentage as outlined above of their regular monthly salary during any period of compensable temporary disability not to exceed one year. Payment of continuing pay and/or temporary disability compensation shall be made in accordance with Part 2, Article 3 of the Workers’ Compensation Laws of California. "Compensable temporary disability absence" for the purpose of this Section, is any absence due to work connected disability which qualifies for temporary disability compensation under Workers' Compensation Law set forth in Part 2, Article 3 of the Workers’ Compensation Laws of California.. When any disability becomes medically permanent and stationary and/or maximum medical improvement, the salary provided in this Section shall terminate. No charge shall be made against sick leave or vacation for these salary payments. Sick leave and vacation rights shall not accrue for those periods during which continuing pay is received. The County contribution to the employee’s group medical plan shall continue during any period of compensable temporary disability absence. Employees shall be entitled to a maximum of one (1) year of continuing pay benefits for any one (1) injury or illness. C. Continuing pay begins at the same time that temporary Workers' Compensation benefits commence and continues until either the member is declared medically permanent/stationary and/or reaches maximum medical improvement, or until one (1) year of continuing pay, whichever comes first, provided the employee remains in an active employed status. Continuing pay is automatically terminated on the date an employee is separated from County service by resignation, retirement, layoff, or the employee is no longer employed by the County. In these instances, employees will be paid Workers’ Compensation benefits as prescribed by Workers’ Compensation laws. All continuing pay will be cleared through the County Administrator's Office, Risk Management Division. Whenever an employee who has been injured on the job and has returned to work is required by an attending physician to leave work for treatment during working hours the employee shall be allowed time off up to three (3) hours for such treatment without loss of pay or benefits provided the employee notifies his supervisor of the appointment at least three (3) working days prior to the appointment or as soon as the employee aware the appointment has been made. Said visits are to be scheduled contiguous to either the beginning or end of the scheduled work day whenever possible. This provision applies only to injuries/illnesses that have been accepted by the County as work related. D. Applicable Pay Beyond One Year. If an injured employee remains eligible for temporary disability beyond one (1) year, applicable salary will continue by integrating sick leave and/or vacation accruals with Workers' Compensation benefits. If salary integration is no longer available, Workers' Compensation benefits will be paid directly to the employee as prescribed by Workers' Compensation laws. E. Rehabilitation Integration. An injured employee who is eligible for Workers' Compensation Rehabilitation Temporary Disability benefits and whose disability July 12, 2016 Contra Costa County Board of Supervisors 432 is medically permanent and stationary and/or reaches maximum medical improvement, will continue to receive applicable salary by integrating sick leave and/or vacation accruals with Workers' Compensation Rehabilitation Temporary Disability benefits until those accruals are exhausted. Thereafter, the Rehabilitation Temporary Disability benefits will be paid directly to the employee. F. Health Insurance. The County contribution to the employee's group insurance plan(s) continues during the continuing pay period and during integration of sick leave or vacation with Workers' Compensation benefits. G. Method of Integration. An employee's sick leave and/or vacation charges shall be calculated as follows: C = 8 [1 - (W ÷ S)] C = Sick leave or vacation charge per day (in hours) W = Statutory Workers' Compensation for a month S = Monthly salary SECTION 18 - LEAVE OF ABSENCE 18.1 Leave Without Pay. Any employee who has permanent status may be granted a leave of absence without pay upon written request, approved by the appointing authority; provided, however, that leaves for pregnancy, pregnancy disability, serious health conditions, and family care shall be granted in accordance with applicable State and Federal law. 18.2 General Administration - Leaves of Absence. Requests for leave without pay shall be made upon forms prescribed by the Director of Human Resources and shall state specifically the reason for the request, the date when it is desired to begin the leave, and the probable date of return. A. Leave without pay may be granted for any of the following reasons: 1. Illness, disability, or serious health condition; 2. pregnancy or pregnancy disability; 3. family care; 4. to take a course of study such as will increase the employee's usefulness on return to the position; 5. for other reasons or circumstances acceptable to the appointing authority. B. An employee must request family care leave at least thirty (30) days before the leave is to begin if the need for the leave is foreseeable. If the need is not July 12, 2016 Contra Costa County Board of Supervisors 433 foreseeable, the employee must provide written notice to the employer within five (5) days of learning of the event by which the need for family care leave arises. C. A leave without pay may be for a period not to exceed one (1) year, provided the appointing authority may extend such leave for additional periods. The procedure in granting extensions shall be the same as that in granting the original leave, provided that the request for extension must be made not later than thirty (30) calendar days before the expiration of the original leave. D. Nevertheless, a leave of absence for the employee's serious health condition or for family care (FMLA) shall be granted to an employee who so requests it for up to eighteen (18) weeks during a “rolling” twelve (12) month period measured backward from the date the employee uses his/her FMLA leave in accordance with Section 18.5 below. E. Whenever an employee who has been granted a leave without pay desires to return before the expiration of such leave, the employee shall submit a request to the appointing authority in writing at least fifteen (15) days in advance of the proposed return. Early return is subject to prior approval by the appointing authority. The Human Resources Department shall be notified promptly of such return. F. Except in the case of leave of absence due to family care, pregnancy, pregnancy disability, illness, disability, or serious health condition, the decision of the appointing authority on granting or denying leave or early return from leave shall be subject to appeal to the Human Resources Director and not subject to appeal through the grievance procedure set forth in this MOU. 18.3 Furlough Days Without Pay. Subject to the prior written approval of the appointing authority, employees may elect to take furlough days or hours without pay (pre-authorized absence without pay), up to a maximum of fifteen (15) calendar days for any one period. Longer pre-authorized absences without pay are considered leaves of absence without pay. Employees who take furlough time shall have their compensation for the portion of the month worked computed in accord with Section 5.8 - Compensation for Portion of Month of this MOU. Full time and part-time employees who take furlough time shall have their vacation, sick leave, floating holiday, and any other payroll computed accruals computed as though they had worked the furlough time. When computing vacation sick leave, floating holiday, and other accrual credits for employees taking furlough time, this provision shall supersede Section 13.4 – Vacation Accrual During Leave Without Pay, Section 14.2 – Credits To and Charges Against Sick Leave, Section 14.6 – Sick Leave Accrual During Leave Without Pay, and Section 18.1 – Leave Without Pay of this MOU regarding the computation of vacation, sick leave, floating holiday, and other accrual credits as regards furlough time only. For payroll purposes, furlough time (absence without pay with prior authorization of the appointing authority) shall be reported separately from other absences without pay to the Auditor- Controller. The existing Voluntary Time Off program shall be continued for the life of the contract. July 12, 2016 Contra Costa County Board of Supervisors 434 18.4 Military Leave. Any employee who is ordered to serve as a member of the State Militia or the United States Army, Navy, Air Force, Marine Corps, Coast Guard or any division thereof shall be granted a military leave for the period of such service, plus ninety (90) days. Additionally, any employee who volunteers for service during a mobilization under Executive Order of the President or Congress of the United States and/or the State Governor in time of emergency, shall be granted a leave of absence in accordance with applicable Federal or State laws. Upon the termination of such service or upon honorable discharge, the employee shall be entitled to return to his/her position in the classified service provided such still exists and the employee is otherwise qualified, without any loss of standing of any kind whatsoever. An employee who has been granted a military leave shall not, by reason of such absence, suffer any loss of vacation, holiday, or sick leave privileges which may be accrued at the time of such leave, nor shall the employee be prejudiced thereby with reference to salary adjustments or continuation of employment. For purposes of determining eligibility for salary adjustments or seniority in case of layoff or promotional examination, time on military leave shall be considered as time in County service. Any employee who has been granted a military leave, may upon return, be required to furnish such evidence of performance of military service or of honorable discharge as the Director of Human Resources may deem necessary. 18.5 Family Care Leave or Medical Leave. Upon request to the appointing authority, in a “rolling” twelve (12) month period measured backward from the date the employee uses his/her FMLA leave, any employee who has permanent status shall be entitled to at least eighteen (18) weeks leave (less if so requested by the employee) for: a. medical leave of absence for the employee's own serious health condition which makes the employee unable to perform the functions of the employee's position; or b. family care leave of absence without pay for reason of the birth of a child of the employee, the placement of a child with an employee in connection with the adoption or foster care of the child by the employee, or the serious illness or health condition of a child, parent, spouse, or domestic partner of the employee. 18.6 Certification. The employee may be asked to provide certification of the need for family care leave or medical leave. Additional period(s) of family care or medical leave may be granted by the appointing authority. 18.7 Intermittent Use of Leave. The eighteen (18) week entitlement may be in broken periods, intermittently on a regular or irregular basis, or may include reduced work schedules depending on the specific circumstances and situations surrounding the request for leave. The eighteen (18) weeks may include use of appropriate available paid leave accruals when accruals are used to maintain pay status, but use of such accruals is not required beyond that specified in Section 18.12 below. When paid leave accruals are used for a medical or family care leave, such time shall be counted as a part of the eighteen (18) week entitlement. July 12, 2016 Contra Costa County Board of Supervisors 435 18.8 Aggregate Use for Spouse. In the situation where husband and wife are both employed by the County, the family care of medical leave entitlement based on the birth, adoption or foster care of a child is limited to an aggregate for both employees together of eighteen (18) weeks during a “rolling” twelve (12) month period measured backward from the date the employee uses his/her FMLA leave. Employees requesting family care leave are required to advise their appointing authority(ies) when their spouse is also employed by the County. 18.9 Definitions. For medical and family care leaves of absence under this section, the following definitions apply: a. Child: A biological, adopted, or foster child, stepchild, legal ward, conservatee or a child who is under eighteen (18) years of age for whom an employee stands in loco parentis or for whom the employee is the guardian or conservator, or an adult dependent child of the employee. b. Parent: A biological, foster, or adoptive parent, a step-parent, legal guardian, conservator, or other person standing in loco parentis to a child. c. Spouse: A partner in marriage as defined in California Civil Code Section 4100. d. Domestic Partner: An unmarried person, eighteen (18) years or older, to whom the employee is not related and with whom the employee resides and shares the common necessities of life. e. Serious Health Condition: An illness, injury, impairment, or physical or mental condition which warrants the participation of a family member to provide care during a period of treatment or supervision and involves either inpatient care in a hospital, hospice or residential health care facility or continuing treatment or continuing supervision by a health care provider (e.g. physician or surgeon) as defined by State and Federal law. f. Certification for Family Care Leave: A written communication to the employer from a health care provider of a person for whose care the leave is being taken which need not identify the serious health condition involved, but shall contain: 1. the date, if known, on which the serious health condition commenced; 2. the probable duration of the condition; 3. an estimate of the amount of time which the employee needs to render care or supervision; 4. a statement that the serious health condition warrants the participation of a family member to provide care during period of treatment or supervision; 5. if for intermittent leave or a reduced work schedule leave, the certification should indicate that the intermittent leave or reduced leave schedule is necessary for the care of the individual or will assist in their recovery, and its expected duration. July 12, 2016 Contra Costa County Board of Supervisors 436 g. Certification for Medical Leave: A written communication from a health care provider of an employee with a serious health condition or illness to the employer, which need not identify the serious health condition involved, but shall contain: 1. the date, if known, on which the serious health condition commenced; 2. the probable duration of the condition; 3. a statement that the employee is unable to perform the functions of the employee's job; 4. if for intermittent leave or a reduced work schedule leave, the certification should indicate the medical necessity for the intermittent leave or reduced leave schedule and its expected duration. h. Comparable Positions: A position with the same or similar duties and pay which can be performed at the same or similar geographic location as the position held prior to the leave. Ordinarily, the job assignment will be the same duties in the same program area located in the same city, although specific clients, caseload, co-workers, supervisor(s), or other staffing may have changed during an employee's leave. 18.10 Pregnancy Disability Leave. Insofar as pregnancy disability leave is used under Section 14.3.D - Sick Leave Utilization for Pregnancy Disability, that time will not be considered a part of the eighteen (18) week family care leave period. 18.11 Group Health Plan Coverage. Employees who were members of one of the group health plans prior to commencement of their leave of absence can maintain their health plan coverage with the County contribution by maintaining their employment in pay status as described in Section 18.12. During the eighteen (18) weeks of an approved medical or family care leave under Section 18.5 above, the County will continue its contribution for such health plan coverage even if accruals are not available for use to maintain pay status as required under Section 18.12. In order to maintain such coverage, employees are required to pay timely the full employee contribution to maintain their group health plan coverage, either through payroll deduction or by paying the County directly. 18.12 Leave Without Pay - Use of Accruals. A. All Leaves of Absence. During the first twelve (12) month period of any leave of absence without pay, an employee may elect to maintain pay status each month by using available sick leave (if so entitled under Section 14.3 - Policies Governing the Use of Paid Sick Leave), vacation, floating holiday, compensatory time off or other accruals or entitlements; in other words, during the first twelve (12) months, a leave of absence without pay may be "broken" into segments and accruals used on a monthly basis at the employee's discretion. After the first twelve (12) months, the leave period may not be "broken" into segments and accruals may not be used, except when required by LTD Benefit Coordination or July 12, 2016 Contra Costa County Board of Supervisors 437 SDI/Sick Leave Integration under Section 16 – State Disability Insurance or as provided in the sections below. B. Family Care or Medical Leave. During the eighteen (18) weeks of an approved medical or family care leave, if a portion of that leave will be on a leave of absence without pay, the employee will be required to use at least 0.1 hour of sick leave (if so entitled under Section 14.3 - Policies Governing the Use of Paid Sick Leave), vacation floating holiday, compensatory time off or other accruals or entitlements if such are available, although use of additional accruals is permitted under subsection A. above. C. Leave of Absence/Long Term Disability (LTD) Benefit Coordination. An eligible employee who files an LTD claim and concurrently takes a leave of absence without pay will be required to use accruals as provided in Section B herein during the eighteen (18) week entitlement period of a medical leave specified above. If an eligible employee continues beyond the eighteen (18) weeks entitlement period on a concurrent leave of absence/LTD claim, the employee may choose to maintain further pay status only as allowed under subsection A. herein. D. Sick leave accruals may not be used during any leave of absence, except as allowed under Section 14.3 - Policies Governing the Use of Paid Sick Leave. 18.13 Leave of Absence Replacement and Reinstatement. Any permanent employee who requests reinstatement to the classification held by the employee in the same department at the time the employee was granted a leave of absence, shall be reinstated to a position in that classification and department and then only on the basis of seniority. In case of severance from service by reason of the reinstatement of a permanent employee, the provisions of Section 11 - Seniority, Workforce Reduction, Layoff, & Reassignment Seniority shall apply. 18.14 Leave of Absence Return. In Department of Employment & Human Services an employee shall have the right to return to the same class, building, and assignment (position control number) if the return to work is within eighty-nine (89) consecutive days from the initial date the employee started leave of absence. At such time the leave of absence is approved by the Appointing Authority, the Department of Employment & Human Services shall notify the employee of the final date by which he/she shall return to be assigned to the same position control number. 18.15 Reinstatement From Family Care Medical Leave. In the case of a family care or medical leave, an employee on a 5/40 schedule shall be reinstated to the same or comparable position if the return to work is after no more than ninety (90) work days of leave from the initial date of a continuous leave, including use of accruals, or within the equivalent on an alternate work schedule. A full time employee taking an intermittent or reduced work schedule leave shall be reinstated to the same or comparable position if the return to work on a full schedule is after no more than seven hundred twenty (720) hours, including use of accruals, of intermittent or reduced schedule leave. At the time the original leave is approved, the appointing authority shall notify the employee in writing of the final date to return to work, or the maximum number of hours of leave, in order to guarantee reinstatement to the same or comparable position. An employee on July 12, 2016 Contra Costa County Board of Supervisors 438 a schedule other than 5/40 shall have the time frame for reinstatement to the same or comparable position adjusted on a pro rata basis. 18.16 Salary Review While on Leave of Absence. The salary of an employee who is on leave of absence from a County position on any anniversary date and who has not been absent from the position on leave without pay more than six (6) months during the preceding year, shall be reviewed on the anniversary date. Employees on military leave shall receive salary increments that may accrue to them during the period of military leave. 18.17 Unauthorized Absence. An unauthorized absence from the work site or failure to report for duty after a leave request has been disapproved, revoked, or canceled by the appointing authority, or at the expiration of a leave, shall be without pay. Such absence may also be grounds for disciplinary action. 18.18 Non-Exclusivity. Other MOU language on this subject, not in conflict, shall remain in effect. SECTION 19 - JURY DUTY AND WITNESS DUTY 19.1 Jury Duty. For purposes of this Section, jury duty shall be defined as any time an employee is obligated to report to the court. When called for jury duty, County employees, like other citizens, are expected to discharge their jury duty responsibilities. Employees shall advise their department as soon as possible if scheduled to appear for jury duty. If summoned for jury duty in a Superior, or Federal Court, or a Coroners jury, employees may remain in their regular County pay status, or they may take paid leave (vacation, floating holiday, etc.) or leave without pay and retain all fees and expenses paid to them. When an employee is summoned for jury duty selection or is selected as a juror in a Superior or Federal Court, employees may remain in a regular pay status if they waive all fees (other than mileage), regardless of shift assignment and the following shall apply: a. If an employee elects to remain in a regular pay status and waive or surrender all fees (other than mileage), the employee shall obtain from the Clerk or Jury Commissioner a certificate indicating the days attended and noting that fees other than mileage are waived or surrendered. The employee shall furnish the certificate to his department where it will be retained as a department record. No "Absence/Overtime Record" is required. b. An employee who elects to retain all fees must take leave (vacation, floating holiday, etc.) or leave without pay. No court certificate is required but an "Absence/Overtime Record" must be submitted to the department payroll clerk. July 12, 2016 Contra Costa County Board of Supervisors 439 Employees are not permitted to engage in any employment regardless of shift assignment or occupation before or after daily jury service that would affect their ability to properly serve as jurors. An employee on short notice standby to report to court, whose job duties make short notice response impossible or impractical, shall be given alternate work assignments for those days to enable them to respond to the court on short notice. When an employee is required to serve on jury duty, the County will adjust that employee's work schedule to coincide with a Monday to Friday schedule for the remainder of their service, unless the employee requests otherwise. Participants in 9/80 or 4/10 work schedules will not receive overtime or compensatory time credit for jury duty on their scheduled days off. Permanent-intermittent employees are entitled to paid jury duty leave only for those days on which they were previously scheduled to work. 19.2 Witness Duty. Employees called upon as a witness or an expert witness in a case arising in the course of their work or the work of another department may remain in their regular pay status and turn over to the County all fees and expenses paid to them, other than mileage allowance, or they may take vacation leave or leave without pay and retain all fees and expenses. Employees called to serve as witnesses in private cases or personal matters (e.g., accident suits and family relations) shall take vacation leave or leave without pay and retain all witness fees paid to them. Retention or waiver of fees shall be governed by the same provisions as apply to jury duty as set forth in Section 19.1 of this MOU. Employees shall advise their department as soon as possible if scheduled to appear for witness duty. Permanent-intermittent employees are entitled to paid witness duty only for those days on which they were previously scheduled to work. SECTION 20 - HEALTH, LIFE & DENTAL CARE 20.1 Health Plan Coverages. The County will provide the medical and dental coverage for permanent employees regularly scheduled to work twenty (20) or more hours per week and for their eligible family members, expressed in one of the Medical Plan contracts and one of the Dental Plan contracts between the County and the following providers: 1. Contra Costa Health Plans (CCHP) 2. Kaiser Permanente Health Plan 3. Health Net 4. Delta Dental 5. DeltaCare (PMI) Employee Co-pays for these plans are shown on Attachment B. July 12, 2016 Contra Costa County Board of Supervisors 440 Medical Plans: All employees will have access to the following medical plans: 1. CCHP Plan A & Plan B 2. Kaiser Permanente Plan A & Plan B 3. Health Net HMO Plan A & Plan B 4. Health Net PPO Plan A 5. Kaiser High Deductible Health Plan Health Net PPO Plan B will be eliminated for all employees beginning January 1, 2018. In the event that one of the medical plans listed above meets the criteria for a high cost employer-sponsored health plan that may be subject to an excise penalty (a.k.a. Cadillac Tax) under the federal Patient Protection and Affordable Care Act (“ACA”) (42 U.S.C. § 18081), the Joint Labor/Management Benefit Committee will meet to consider plan design and other changes in an effort to mitigate the negative impact of the excise penalty. If the Committee is unable to make sufficient plan changes and the plan(s) continue to meet the criteria for high cost employer-sponsored health plan(s), such plan(s) will be eliminated for all employees beginning January 1, 2018 20.2 Monthly Premium Subsidy: A. The monthly premium subsidy in effect on January 1, 2015, for each medical and/or dental plan, is a set dollar amount and is not a percentage of the premium charged by the plan. The County will pay the following monthly premium subsidy: Health & Dental Plans Employee Employee +1 Dependent Employee +2 or More Dependents Contra Costa Health Plans (CCHP), Plan A $509.92 $1,214.90 $1,214.90 Contra Costa Health Plans (CCHP), Plan B $528.50 $1,255.79 $1,255.79 Kaiser Permanente Health Plans $478.91 $1,115.84 $1,115.84 Health Net HMO Plans $627.79 $1,540.02 $1,540.02 Health Net PPO Plans $604.60 $1,436.25 $1,436.25 Kaiser High Deductible Health Plan $478.91 $1,115.84 $1,115.84 Delta Dental with CCHP A or B $41.17 $93.00 $93.00 Delta Dental with Kaiser or Health Net $34.02 $76.77 $76.77 Delta Dental without a Health Plan $43.35 $97.81 $97.81 DeltaCare (PMI) with CCHP A or B $25.41 $54.91 $54.91 DeltaCare (PMI) with Kaiser or Health Net $21.31 $46.05 $46.05 DeltaCare (PMI) without a Health Plan $27.31 $59.03 $59.03 B. If the County contracts with a health and/or dental plan provider not listed above, the amount of the premium subsidy that the County will pay to that health and/or dental plan provider for employees and their eligible family members shall not July 12, 2016 Contra Costa County Board of Supervisors 441 exceed the amount of the premium subsidy that the County would have paid to the former plan provider. C. In the event that the County premium subsidy amounts are greater than one hundred percent (100%) of the applicable premium of any health and/or dental plan, for any plan year, the County’s contribution will not exceed one hundred percent (100%) of the applicable plan premium. D. Joint Labor/Management Benefit Committee. The Unions and County agree to create a Joint Labor/Management Benefit Committee (“Benefit Committee”) and convene in order to 1) select a replacement medical or dental plan in the event that a plan listed in this Section 20 is no longer available; 2) design a wellness program; 3) discuss future medical, dental, or vision plan design; or 4) assess the future impact of any excise tax pursuant to the federal Patient Protection and Affordable Care Act (“ACA”) (42 U.S.C. § 18081) on any high cost medical plans offered by the County. The Benefit Committee replaces the existing Healthcare Oversight Committee. The existing Healthcare Coalition will remain, but may meet quarterly. The Benefit Committee will be composed of two (2) representatives (not including Union/Association staff) from each Union/Association in the County and Management representatives to be determined. If the Benefits Committee is selecting a replacement medical or dental plan, the selection must be unanimously agreed upon by the Union/Association representatives on the Committee and any such selected plan will be available to employees represented by the Unions and incorporated into their respective MOUs after ratification by each Union/Association. The Benefit Committee will convene no later than February 1, 2016, after ratification of this Agreement. 20.3 Retirement Coverage: A. Upon Retirement: 1. Upon retirement, eligible employees and their eligible family members may remain in their County health/dental plan, but without County-paid life insurance coverage, if immediately before their proposed retirement the employees and dependents are either active subscribers to one of the County contracted health/dental plans or if while on authorized leave of absence without pay, they have retained continuous coverage during the leave period. The County will pay the health/dental plan monthly premium subsidies set forth in Section 20.2 for eligible retirees and their eligible family members. 2. Any person who becomes age 65 on or after January 1, 2010, and who is eligible for Medicare must immediately enroll in Medicare Parts A and B. 3. For employees hired on or after January 1, 2010, and their eligible family members, no monthly premium subsidy will be paid by the County for any health and/or dental plan after they separate from July 12, 2016 Contra Costa County Board of Supervisors 442 County employment. However, any such eligible employee who retires under the Contra Costa County Employees’ Retirement Association (“CCCERA”) may retain continuous coverage of a county health or dental plan provided that (i) he or she begins to receive a monthly retirement allowance from CCCERA within 120 days of separation from County employment and (ii) he or she pays the full premium cost under the health and/or dental plan without any County premium subsidy. B. Employees Who File For Deferred Retirement: Employees, who resign and file for a deferred retirement and their eligible family members, may continue in their County group health and/or dental plan under the following conditions and limitations. 1. Health and dental coverage during the deferred retirement period is totally at the expense of the employee, without any County contributions. 2. Life insurance coverage is not included. 3. To continue health and dental coverage, the employee must: a. be qualified for a deferred retirement under the 1937 Retirement Act provisions; b. be an active member of a County group health and/or dental plan at the time of filing their deferred retirement application and elect to continue plan benefits; c. be eligible for a monthly allowance from the Retirement System and direct receipt of a monthly allowance within twenty-four (24) months of application for deferred retirement; and d. file an election to defer retirement and to continue health benefits hereunder with the County Benefits Division within thirty (30) days before separation from County service. 4. Deferred retirees who elect continued health benefits hereunder and their eligible family members may maintain continuous membership in their County health and/or dental plan group during the period of deferred retirement by paying the full premium for health and dental coverage on or before the 10th of each month, to the Contra Costa County Auditor-Controller. When the deferred retirees begin to receive retirement benefits, they will qualify for the same health and/or dental coverage pursuant to subsection A above, as similarly situated retirees who did not defer retirement. 5. Deferred retirees may elect retiree health benefits hereunder without electing to maintain participation in their County health and/or dental plan during their deferred retirement period. When they begin to receive retirement benefits they will qualify for the same health and/or dental coverage pursuant to subsection A, July 12, 2016 Contra Costa County Board of Supervisors 443 above, as similarly situated retirees who did not defer retirement, provided reinstatement to a County group health and/or dental plan will only occur following a three (3) full calendar month waiting period after the month in which their retirement allowance commences. 6. Employees who elect deferred retirement will not be eligible in any event for County health and/or dental plan subvention unless the member draws a monthly retirement allowance within twenty-four (24) months after separation from County service. 7. Deferred retirees and their eligible family members are required to meet the same eligibility provisions for retiree health/dental coverage, as similarly situated retirees who did not defer retirement. C. Employees Hired After December 31, 2006. - Eligibility for Retiree Health Coverage: All employees hired after December 31, 2006 are eligible for retiree health/dental coverage pursuant to subsections A and B, above, upon completion of fifteen (15) years of service as an employee of Contra Costa County. For purposes of retiree health eligibility, one year of service is defined as one thousand (1,000) hours worked within one anniversary year. The existing method of crediting service while an employee is on an approved leave of absence will continue for the duration of this Agreement. D. Subject to the provisions of Section 20.3 subparts A, B, and C and upon retirement and for the term of this agreement, the following employees (and their eligible family members) are eligible to receive a monthly premium subsidy for health and/or dental plans or are eligible to retain continuous coverage of such plans: employees, and each employee who retires from a position or classification that was represented by this bargaining unit at the time of his or her retirement. E. For purposes of this Section 20.3 only, “eligible family members” does not include Survivors of employees or retirees. 20.4 Health Plan Coverages and Provisions: The following provisions are applicable regarding County Health and Dental Plan participation: A. Health, Dental and Life Participation by Other Employees: Permanent part-time employees working nineteen (19) hours per week or less may participate in the County Health and/or Dental plans (with the associated life insurance benefit) at the employee’s full expense. B. Coverage Upon Separation: An employee who separates from County employment is covered by his/her County health and/or dental plan through the last day of the month in which he/she separates. Employees who separate from County employment may continue group health and/or July 12, 2016 Contra Costa County Board of Supervisors 444 dental plan coverage to the extent provided by the Consolidated Omnibus Budget Reconciliation Act (COBRA) laws and regulations. 20.5 Family Member Eligibility Criteria: The following persons may be enrolled as the eligible Family Members of a medical and/or dental plan Subscriber: A. Health Insurance 1. Eligible Dependents: a. Employee’s Legal Spouse b. Employee’s qualified domestic partner c. Employee’s child to age 26 d. Employee’s Disabled Child who is: (1) over age 26, i. Unmarried; and, ii. Incapable of sustaining employment due to a physical or mental disability that existed prior to the child’s attainment of age 19. 2. “Employee’s child” includes natural child, child of a qualified domestic partner, step-child, adopted child and a child specified in a Qualified Medical Child Support Order (QMCSO) or similar court order. B. Dental Insurance 1. Eligible Dependents: a. Employee’s Legal Spouse b. Employee’s qualified domestic partner c. Employee’s unmarried child who is: (1) Under age 19; or (2) Age 19, or above, but under age 24; and, i. Resides with the Employee for more than 50% of the year excluding time living at school; and, ii. Receives at least 50% of support from Employee; and, iii. Is enrolled and attends school on a full-time basis, as defined by the school. d. Employee’s Disabled Child who is: (1) Over age 19, i. Unmarried; and, ii. Incapable of sustaining employment due to a physical or mental disability that existed prior to the child’s attainment of age 19. 2. “Employee’s child” includes natural child, child of a qualified domestic partner, step-child, adopted child and a child specified in a Qualified Medical Child Support Order (QMCSO) or similar court order. July 12, 2016 Contra Costa County Board of Supervisors 445 20.6 Dual Coverage. A. Each employee and retiree may be covered only by a single County health (and/or dental) plan, including a CalPERS plan. For example, a County employee may be covered under a single County health and/or dental plan as either the primary insured or the dependent of another County employee or retiree, but not as both the primary insured and the dependent of another County employee or retiree. B. All dependents, as defined in Section 20.5, Family Member Eligibility Criteria, may be covered by the health and/or dental plan of only one spouse or one domestic partner. For example, when both husband and wife are County employees, all of their eligible children may be covered as dependents of either the husband or the wife, but not both. C. For purposes of this Section 20.6 only, “County” includes the County of Contra Costa and all special districts governed by the Board of Supervisors, including, but not limited to, the Contra Costa County Fire Protection District. 20.7 Medical Plan Cost-Sharing on and after January 1, 2016. a. For the plan year that begins on January 1, 2016, the County will pay the monthly premium subsidy for medical plans stated in subsection 20.2.A. In total, the County will pay the following amounts for the 2016 plan year: Medical Plans Employee Employee +1 Dependent Employee +2 or More Dependents Contra Costa Health Plans (CCHP), Plan A $530.56 $1,049.81 $1,646.89 Contra Costa Health Plans (CCHP), Plan B $549.42 $1,068.65 $1,737.03 Kaiser Permanente Health Plan A $435.38 $803.96 $1,493.79 Kaiser Permanente Health Plan B $445.04 $881.68 $1,407.40 Health Net HMO Plan A $669.34 $1,131.34 $2,280.09 Health Net HMO Plan B $662.01 $1,280.20 $2,060.75 Health Net PPO Plan A $727.94 $1,112.03 $2,755.43 Health Net PPO Plan B $715.64 $1,144.40 $2,623.86 Kaiser High Deductible Health Plan 4310 $447.04 $916.72 $1,387.40 b. For the plan year that begins on January 1, 2017, and for the term of this agreement, if there is an increase in the monthly premium, including any plan premium penalty, charged by a medical plan, the County and the employee will each pay fifty percent (50%) of the monthly increase that is above the amount of the 2016 plan premium. The fifty percent (50%) share of the monthly medical plan increase paid by the County is in addition to the amounts paid by the County in subsection 20.7.a., above, for medical plans. c. 2016 Plan Premium Amounts: For purposes of calculating the County and Employee cost-sharing increases described in 20.7.b, above, the following are the 2016 total monthly medical plan premium amounts: July 12, 2016 Contra Costa County Board of Supervisors 446 Medical Plans Employee Employee +1 Dependent Employee +2 or More Dependents Contra Costa Health Plans (CCHP), Plan A $657.08 $1,314.15 $1,971.23 Contra Costa Health Plans (CCHP), Plan B $728.38 $1,456.77 $2,185.15 Kaiser Permanente Health Plan A $749.80 $1,499.60 $2,249.39 Kaiser Permanente Health Plan B $585.68 $1,171.36 $1,757.04 Health Net HMO Plan A $1,208.76 $2,417.52 $3,626.27 Health Net HMO Plan B $840.55 $1,681.10 $2,521.65 Health Net PPO Plan A $1,643.40 $3,286.80 $4,930.20 Health Net PPO Plan B $1,479.47 $2,958.94 $4,438.40 Kaiser High Deductible Health Plan $470.10 $940.21 $1,410.32 20.8 Life Insurance Benefit Under Health and Dental Plans. For employees who are enrolled in the County’s program of medical or dental coverage as either the primary or the dependent, term life insurance in the amount of ten thousand dollars ($10,000) will be provided by the County. 20.9 Supplemental Life Insurance. In addition to the life insurance benefits provided by this agreement, employees may subscribe voluntarily and at their own expense for supplemental life insurance. Employees may subscribe for an amount not to exceed five hundred thousand dollars ($500,000), of which one hundred thousand ($100,000) is a guaranteed issue, provided the election is made within the required enrollment periods. 20.10 Health Care Spending Account. After six (6) months of permanent employment, full time and part time (20/40 or greater) employees may elect to participate in a Health Care Spending Account (HCSA) Program designed to qualify for tax savings under Section 125 of the Internal Revenue Code, but such savings are not guaranteed. The HCSA Program allows employees to set aside a predetermined amount of money from their pay, not to exceed the maximum amount authorized by federal law, per calendar year, of before tax dollars, for health care expenses not reimbursed by any other health benefit plans. HCSA dollars may be expended on any eligible medical expenses allowed by Internal Revenue Code Section 125. Any unused balance is forfeited and cannot be recovered by the employee. 20.11 PERS Long-Term Care. The County will deduct and remit monthly premiums to the PERS Long-Term Care Administrator for employees who are eligible and voluntarily elect to purchase long-term care at their personal expense through the PERS Long- Term Care Program. 20.12 Dependent Care Assistance Program. The County offers the option of enrolling in a Dependent Care Assistance Program (DCAP) designed to qualify for tax savings under Section 129 of the Internal Revenue Code, but such savings are not guaranteed. The program allows employees to set aside up to five thousand dollars ($5,000) of annual salary (before taxes) per calendar year to pay for eligible dependent care (child and elder care) expenses. Any unused balance is forfeited and cannot be recovered by the employee. July 12, 2016 Contra Costa County Board of Supervisors 447 20.13 Premium Conversion Plan. The County offers the Premium Conversion Plan (PCP) designed to qualify for tax savings under Section 125 of the Internal Revenue Code, but tax savings are not guaranteed. The program allows employees to use pre- tax dollars to pay health and dental premiums. 20.14 Prevailing Section. To the extent that any provision of this Section (Section 20 Health, Life & Dental Care) is inconsistent with any provision of any other County enactment or policy, including but not limited to Administrative Bulletins, the Salary Regulations, the Personnel Management Regulations, or any other agreement or order of the Board of Supervisors, the provision(s) of this Section (Section 20 - Health, Life & Dental Care) will prevail. 20.15 Rate Information. The County Benefits Division will make health and dental plan rate information available upon request to employees and departments. In addition, the County Benefits Division will publish and distribute to employees and departments information about rate changes as they occur during the year. 20.16 Partial Month. The County's contribution to the health plan premium is payable for any month in which the employee is paid. If an employee is not paid enough compensation in a month to pay the employee share of the premium, the employee must make up the difference by remitting the amount delinquent to the Auditor- Controller. The responsibility for this payment rests with the employee. If payment is not made, the employee shall be dropped from the health plan. 20.17 Coverage During Absences. Employees shall be allowed to maintain their health plan coverage at the County group rate for twelve (12) months if on approved leave of absence provided that the employee shall pay the entire premium (i.e. both employer and employee share) for the health plan during said leave. Said payment shall be made by the employee at a time and place specified by the County. Late payment shall result in cancellation of health plan coverage. An employee on leave in excess of twelve (12) months may continue group coverage subject to the provisions of the Consolidated Omnibus Budget Reconciliation Act (COBRA) provided the employee pays the entire cost of coverage, plus any administrative fees, for the option selected. The entire cost of coverage shall be paid at a place and time specified by the County. Late payment may result in cancellation of health plan coverage with no reinstatement allowed. 20.18 Health Benefit Access for Employees Not Otherwise Covered. To access County health plans, an employee who is not otherwise eligible for health coverage by the County, must be eligible to receive an offer of coverage from the County under the federal Patient Protection and Affordable Care Act (“ACA”) (42 U.S.C. § 18081). Employees eligible to receive an offer of coverage (and qualified dependents), will be offered access to County health insurance plans. Employees will be responsible for the full premium cost of coverage. July 12, 2016 Contra Costa County Board of Supervisors 448 SECTION 21 - PROBATIONARY PERIOD 21.1 Duration. All appointments from officially promulgated employment lists for original entrance and promotion shall be subject to a probationary period. For original entrance appointments, the probationary period shall be from nine (9) months to one (1) year duration. 21.2 Probation Periods Over Six (6)/Nine (9) Months. Classes represented by the Union which have probation periods in excess of nine (9) months for original entrance appointments and six (6) months for promotional appointments: Junior Appraiser One (1) year 21.3 Revised Probation Period. When the probationary period for a class is changed, only new appointees to positions in the classification shall be subject to the revised probationary period. 21.4 Criteria. The probationary period shall date from the time of appointment to a permanent position after certification from an eligible list. It shall not include time served under provisional appointment or under appointment to limited term positions or any period of continuous leave of absence without pay or period of work connected disability exceeding fifteen (15) calendar days. For those employees appointed to permanent-intermittent positions with a nine (9) month probation period, probation will be considered completed upon serving fifteen hundred (1500) hours after appointment except that in no instance will this period be less than nine (9) calendar months from the beginning of probation. If a permanent- intermittent probationary employee is reassigned to full time, credit toward probation completion in the full time position shall be prorated on the basis of one hundred seventy-three (173) hours per month. 21.5 Rejection During Probation. An employee who is rejected during the probation period and restored to the eligible list shall begin a new probationary period if subsequently certified and appointed. A. Appeal from rejection. Notwithstanding any other provisions of this section, an employee (probationer) shall have the right to appeal from any rejection during the probationary period based on political, or religious or Union activities, or race, color, national origin, sex, age, disability or sexual orientation. B. The appeal must be written, must be signed by the employee and set forth in the grounds and facts by which it is claimed that grounds for appeal exist under Subsection A and must be filed through the Director of Human Resources to the Merit Board by 5:00 p.m. on the seventh (7th) calendar day after the date of delivery to the employee of notice of rejection. C. The Merit Board shall consider the appeal, and if it finds probable cause to believe that the rejection may have been based on grounds prohibited in Subsection A, it may refer the matter to a Hearing Officer for hearing, July 12, 2016 Contra Costa County Board of Supervisors 449 recommended findings of fact, conclusions of law and decision, pursuant to the relevant provisions of the Merit Board rules in which proceedings the rejected probationer has the burden of proof. D. If the Merit Board finds no probable cause for a hearing, it shall deny the appeal. If, after hearing, the Merit Board upholds the appeal, it shall direct that the appellant be reinstated in the position and the appellant shall begin a new probationary period unless the Merit Board specifically reinstates the former period. 21.6 Regular Appointment. The regular appointment of a probationary employee will begin on the day following the end of the probationary period. A probationary employee may be rejected at any time during the probation period without regard to the Skelly provisions of this MOU, without notice and without right of appeal or hearing, except as provided in Section 21.5.A. The appointing authority shall attempt to give a probationary employee five (5) days notice of said rejection. Notwithstanding any other provisions of the MOU, an employee rejected during the probation period from a position in the Merit System to which the employee had been promoted or transferred from an eligible list, shall be restored to a position in the department from which the employee was promoted or transferred. An employee dismissed for other than disciplinary reasons within six (6) months after being promoted or transferred from a position in the Merit System to a position not included in the Merit System shall be restored to a position in the classification in the department from which the employee was promoted or transferred. A probationary employee who has been rejected or has resigned during probation shall not be restored to the eligible list from which the employee was certified unless the employee receives the affirmative recommendation from the appointing authority and is certified by the Human Resources Director whose decision is final. The Director of Human Resources shall not certify the name of a person restored to the eligible list to the same appointing authority by whom the person was rejected from the same eligible list, unless such certification is requested in writing by the appointing authority. 21.7 Layoff During Probation. An employee who is laid off during probation, if reemployed in the same class by the same department, shall be required to complete only the balance of the required probation. If reemployed in another department or in another classification, the employee shall serve a full probationary period. An employee appointed to a permanent position from a layoff or reemployment list is subject to a probation period if the position is in a department other than the department from which the employee separated, displaced, or voluntarily demoted in lieu of layoff. An appointment from a layoff or reemployment list is not subject to a probation period if the position is in the department from which the employee separated, displaced or voluntarily demoted in lieu of layoff. 21.8 Rejection During Probation of Layoff Employee. An employee who has achieved permanent status in the class before layoff and who subsequently is appointed from the layoff list and then rejected during the probation period shall be automatically restored to the layoff list, unless discharged for cause, if the person is within the period July 12, 2016 Contra Costa County Board of Supervisors 450 of layoff eligibility. The employee shall begin a new probation period if subsequently certified and appointed in a different department or classification than that from which the employee was laid off. SECTION 22 - PROMOTION 22.1 Competitive Examination. Promotion shall be by competitive examination unless otherwise provided in this MOU. 22.2 Promotion Policy. The Director of Human Resources, upon request of an appointing authority, shall determine whether an examination is to be called on a promotional basis. 22.3 Open Exams. If an examination for one of the classes represented by the Union is proposed to be announced on an open only basis, the Director of Human Resources shall give five (5) days prior notice of such proposed announcement and shall meet at the request of the Union to discuss the reasons for such open announcement. 22.4 Promotion Via Reclassification Without Examination. Notwithstanding other provisions of this Section, an employee may be promoted from one classification to a higher classification and his/her position reclassified at the request of the appointing authority and under the following conditions: a. An evaluation of the position(s) in question must show that the duties and responsibilities have significantly increased and constitute a higher level of work. b. The incumbent of the position must have performed at the higher level for one (1) year. c. The incumbent must meet the minimum education and experience requirements for the higher class. d. The action must have approval of the Human Resources Director. e. The Union approves such action. The appropriate rules regarding probationary status and salary on promotion are applicable. 22.5 Requirements for Promotional Standing. In order to qualify for an examination called on a promotional basis, an employee must have probationary or permanent status in the Merit System and must possess the minimum qualifications for the class. Applicants will be admitted to promotional examinations only if the requirements are met on or before the final filing date. If an employee who is qualified on a promotional employment list is separated from the Merit System, except by layoff, the employee's name shall be removed from the promotional list. 22.6 Seniority Credits. Employees who have qualified to take promotional examinations and who have earned a total score, not including seniority credits, of July 12, 2016 Contra Costa County Board of Supervisors 451 seventy percent (70%) or more, shall receive, in addition to all other credits, five one- hundredths of one percent (.05%) for each completed month of service as a permanent County employee continuously preceding the final date for filing application for said examination. For purposes of seniority credits, leaves of absence shall be considered as service. Seniority credits shall be included in the final percentage score from which the rank on the promotional list is determined. No employee, however, shall receive more than a total of five percent (5%) credit for seniority in any promotional examination. 22.7 Denial Review. If the department denies an employee's request for reclassification, upon request of the Union, the denial will be reviewed by the Human Resources Director and appointing authority and the reasons for denial given to the Union in writing. 22.8 Release Time For Examinations. Permanent employees shall be granted release time from work without loss of pay to take County promotional examinations or take interviews for a County promotional position provided the employee gives the Department sufficient notice of the need for time off. SECTION 23 - TRANSFER 23.1 Transfer Conditions. The following conditions are required in order to qualify for transfer: a. the position shall be in the same class, or if in a different class shall have been determined by the Director of Human Resources to be appropriate for transfer on the basis of minimum qualifications and qualifying procedure; b. the employee shall have permanent status in the Merit System and shall be in good standing; c. the appointing authority or authorities involved in the transaction shall have indicated their agreement in writing; d. the employee concerned shall have indicated agreement to the change in writing; e. the Director of Human Resources shall have approved the change. Notwithstanding the foregoing, transfer may also be accomplished through the regular appointment procedure provided that the individual desiring transfer has eligibility on a list for a class for which appointment is being considered. 23.2 Transfer Policy. Any employee or appointing authority who desires to initiate a transfer may inform the Director of Human Resources in writing of such desire stating the reasons therefore. The Director of Human Resources shall if he or she considers that the reasons are adequate and that the transfer will be for the good of the County service and the parties involved, inform the appointing authority or authorities concerned and the employee of the proposal and may take the initiative in accomplishing the transfer. July 12, 2016 Contra Costa County Board of Supervisors 452 23.3. Transfer Procedure. The County will provide the Union with a list of administrative/personnel officers of each County department. It is the responsibility of employees to contact County departments and inform them of their desire to transfer. Employees who transfer from one department to another shall serve a three (3) month probationary period. Provisions of this section do not apply to transfers from eligible lists. The Human Resources Director will send a list of employees interested in a transfer to all departments with each certification (referral) from an employment list for a vacant position. The appointing authority may contact the employees interested in a transfer and may choose to interview them in relation to the vacancy. The decision of the appointing authority is final. Upon receipt of the proper documents and in accordance with Sections 23.1 and 23.2, employees will be eligible for transfer upon receipt of approval of the Director of Human Resources. Nothing in this section limits the ability of individuals to express their interest in a transfer without having first made a transfer application or restricts an appointing authority from making a transfer appointment of such an individual. 23.4 Transfer List. The Human Resources Director will send to all departments an updated transfer list on a monthly basis. 23.5 Reassignment of Work Location. Employees desirous of reassignment to a position in the same classification at another work location shall submit a request for reassignment in writing to the Department Head. When openings occur in various work locations, requests for reassignment will be reviewed with consideration given to various factors including but not limited to distance of employee's residence from desired work location and relative length of service of the applicants for a particular location. The Department Head or designated representative shall make the sole determination as to assignment of personnel, except as otherwise provided in the supplemental sections of this MOU. This provision applies to intradepartmental reassignments only. In no event shall reassignments be utilized for disciplinary purposes. SECTION 24 - RESIGNATIONS An employee's voluntary termination of service is a resignation. Written resignations shall be forwarded to the Human Resources Department by the appointing authority immediately on receipt, and shall indicate the effective date of termination. Oral resignation shall be immediately confirmed by the appointing authority in writing to the employee and to the Human Resources Department and shall indicate the effective date of termination. 24.1 Resignation in Good Standing. A resignation giving the appointing authority written notice at least two (2) weeks in advance of the last date of service (unless the appointing authority requires a longer period of notice, or consents to the employee's terminating on shorter notice) is a resignation in good standing. 24.2 Constructive Resignation. A constructive resignation occurs and is effective when: July 12, 2016 Contra Costa County Board of Supervisors 453 a. An employee has been absent from duty for five (5) consecutive working days without leave, and; b. Five (5) more consecutive working days have elapsed without response by the employee after the mailing of a notice of resignation by the appointing authority to the employee at the employee's last known address. c. The letter to the employee will include a document that gives the employee the option of authorizing the County to provide his/her union with a copy of the constructive resignation letter. If the employee signs the authorization document and returns it to the appointing authority, the appointing authority will thereafter, within one work day, provide a copy of the constructive resignation letter to the employee’s union, as authorized. 24.3 Effective Resignation. A resignation is effective when delivered or spoken to the appointing authority, operative either on that date or another date specified. 24.4 Revocation. A resignation that is effective is revocable only by written concurrence of the employee and the appointing authority. 24.5 Coerced Resignations. A. Time Limit. A resignation which the employee believes has been coerced by the appointing authority may be revoked within seven (7) calendar days after its expression, by serving written notice on the Director of Human Resources and a copy on the appointing authority. B. Reinstatement. If the appointing authority acknowledges that the employee could have believed that the resignation was coerced, it shall be revoked and the employee returned to duty effective on the day following the appointing authority's acknowledgment without loss of seniority or pay. C. Contest. Unless, within seven (7) days of the receipt of the notice, the appointing authority acknowledges that the resignation could have been believed to be coerced, this question should be handled as an appeal to the Merit Board. In the alternative, the employee may file a written election with the Director of Human Resources waiving the employee's right of appeal to the Merit Board in favor of the employee's appeal rights under the grievance procedure contained in Section 26 of the MOU beginning with Step 3. D. Disposition. If a final decision is rendered that determines that the resignation was coerced, the resignation shall be deemed revoked and the employee returned to duty effective on the day following the decision but without loss of seniority or pay, subject to the employee's duty to mitigate damages. 24.6 Eligibility for Reemployment. Within one (1) year of resignation in good standing from County service, a person who has had permanent status which included satisfactory completion of probation may make application by letter to the Director of Human Resources for placement on a reemployment list as follows: the class from July 12, 2016 Contra Costa County Board of Supervisors 454 which the person resigned; or any one class of equal or lesser rank in the occupational series and in which the person had previously attained permanent status; or for any class or deep class which has replaced the class in which the person previously had status, provided that the person meets the minimum requirements for the new class. If the appointing authority of the department from which the person resigned recommends reemployment, the Director of Human Resources shall grant reemployment privileges to the person. Consideration of names from a reemployment list is mandatory if the appointing authority recommended reemployment of the individual(s) listed but is optional for other appointing authorities. Names may be removed from reemployment lists in accordance with the provisions of Section 11.2.J of this MOU. SECTION 25 - DISMISSAL, SUSPENSION, TEMPORARY REDUCTION IN PAY, AND DEMOTION 25.1 Sufficient Cause for Action. The appointing authority may dismiss, suspend, temporarily reduce the pay of, or demote any employee for cause. A temporary reduction in pay will not exceed five percent (5%) of base pay for a period of three (3) months. The following are sufficient causes for such action; the list is indicative rather than inclusive of restrictions, and dismissal, suspension, temporary reduction in pay, or demotion may be based on reasons other than those specifically mentioned: a. absence without leave, b. conviction of any criminal act involving moral turpitude, c. conduct tending to bring the merit system into disrepute, d. disorderly or immoral conduct, e. incompetence or inefficiency, f. insubordination, g. being at work under the influence of liquor or drugs, carrying onto the premises liquor or drugs or consuming or using liquor or drugs during work hours and/or on County premises, h. neglect of duty, i.e., non-performance of assigned responsibilities, i. negligent or willful damage to public property or waste of public supplies or equipment, j. violation of any lawful or reasonable regulation or order given by a supervisor or Department Head, k. willful violation of any of the provisions of the merit system ordinance or Personnel Management Regulations, July 12, 2016 Contra Costa County Board of Supervisors 455 l. material and intentional misrepresentation or concealment of any fact in connection with obtaining employment, m. misappropriation of County funds or property, n. unreasonable failure or refusal to undergo any physical, medical and/or psychiatric exam and/or treatment authorized by this MOU, o. dishonesty or theft, p. excessive or unexcused absenteeism and/or tardiness. q. sexual harassment, including but not limited to unwelcome sexual advances, requests for sexual favors, and other verbal, or physical conduct of a sexual nature, when such conduct has the purpose or effect of affecting employment decisions concerning an individual, or unreasonably interfering with an individual's work performance, or creating an intimidating and hostile working environment. 25.2 Skelly Requirements. Notice of Proposed Action (Skelly Notice). Before taking a disciplinary action to dismiss, suspend for more than three (3) work days, temporarily reduce the pay of, or demote an employee, the appointing authority shall cause to be served personally or by certified mail, on the employee, a Notice of Proposed Action, which shall contain the following: a. A statement of the action proposed to be taken. b. A copy of the charges; including the acts or omissions and grounds upon which the action is based. c. If it is claimed that the employee has violated a rule or regulation of the County, department or district, a copy of said rule shall be included with the notice. d. A statement that the employee may review and request copies of materials upon which the proposed action is based. e. A statement that the employee has seven (7) calendar days to respond to the appointing authority either orally or in writing. In addition to the Notice of Proposed Action, the appointing authority will serve the employee with a document that gives the employee the option of authorizing the County to provide his/her union with a copy of the Notice of Proposed Action. If the employee signs the authorization document and returns it to the appointing authority, the appointing authority will thereafter, within one work day, provide a copy of the employee’s Notice of Proposed Action to his/her union, as authorized. In addition to the Order and Notice, the appointing authority will serve the employee with a document that gives the employee the option of authorizing the County to provide his/her union with a copy of the Order and Notice. If the employee signs the July 12, 2016 Contra Costa County Board of Supervisors 456 authorization document and returns it to the appointing authority, the appointing authority will thereafter, within one work day, provide a copy of the employee’s Order and Notice to his/her union, as authorized. 25.3 Employee Response. The employee upon whom a Notice of Proposed Action has been served shall have seven (7) calendar days to respond to the appointing authority either orally or in writing before the proposed action may be taken. Upon request of the employee and for good cause, the appointing authority may extend in writing the period to respond. If the employee's response is not filed within seven (7) days or during any extension, the right to respond is lost. 25.4 Leave Pending Employee Response. Pending response to a Notice of Proposed Action within the first seven (7) days or extension thereof, the appointing authority for cause specified in writing may place the employee on temporary leave of absence, with pay. 25.5 Length of Suspension. Suspensions without pay shall not exceed thirty (30) days unless ordered by an arbitrator, an adjustment board or the Merit Board. 25.6 Procedure on Dismissal, Suspension, Temporary Reduction in Pay, or Disciplinary Demotion. A. In any disciplinary action to dismiss, suspend, temporarily reduce the pay of, or demote an employee having permanent status in a position in the merit system, after having complied with the Skelly requirements where applicable, the appointing authority shall make an order in writing stating specifically the causes for the action. B. Service of Order. Said order of dismissal, suspension, temporary reduction in pay, or demotion shall be filed with the Director of Human Resources, showing by whom and the date a copy was served upon the employee to be dismissed, suspended, temporary reduction in pay, or demoted, either personally or by certified mail to the employee's last known mailing address. The order shall be effective either upon personal service or deposit in the U. S. Postal Service. C. Employee Appeals from Order. The employee may appeal an order of dismissal, suspension, temporary reduction in pay, or demotion either to the Merit Board or through the procedures of Section 26 - Grievance Procedure of this MOU provided that such appeal is filed in writing with the Human Resources Director within ten (10) calendar days after service of said order. An employee may not both appeal to the Merit Board and file a grievance under Section 26 of this MOU. 25.7 Weingarten Rights. The County recognizes an employee’s right to representation during an investigatory interview or meeting that may result in discipline. The County shall not interfere with the representative’s right to assist an employee to clarify the facts during the interview. If the employee requests a union representative, the investigatory interview shall be temporarily recessed for a reasonable period of time until a union representative can be present. For those interviews, which by nature of July 12, 2016 Contra Costa County Board of Supervisors 457 the incident must take place immediately, the union will take reasonable steps to make a union representative immediately available. The employer shall inform the employee of the general nature of the investigation at the time the employer directs the employee to be interviewed. SECTION 26 - GRIEVANCE PROCEDURE 26.1 Definition and Procedural Steps. A grievance is any dispute which involves the interpretation or application of any provision of this MOU excluding, however, those provisions of this MOU which specifically provide that the decision of any County official shall be final, the interpretation or application of those provisions not being subject to the grievance procedure. The Union may represent the grievant at any stage of the process. Grievances must be filed within thirty (30) calendar days of the incident or occurrence about which the grievant claims to have a grievance. Discipline appeals utilizing the grievance procedure must be filed within the timeframe set forth in Section 25.6 – Procedure on Dismissal, Suspension, or Demotion. Grievances will be processed in the following manner: Step 1. Any employee or group of employees who believes that a provision of this MOU has been misinterpreted or misapplied to his or her detriment shall discuss the complaint with the grievant's immediate supervisor or designee, who shall meet with the grievant within five (5) work days of receipt of a written request to hold such meeting. Grievances challenging suspensions, reductions in pay, demotions and terminations may be filed at Step 3 within the time frame set forth above. Step 2. If a grievance is not satisfactorily resolved in Step 1 above, the grievant may submit the grievance in writing within ten (10) work days to such management official as the Department Head may designate. This formal written grievance shall state which provision of the MOU has been misinterpreted or misapplied, how misapplication or misinterpretation has affected the grievant to the grievant's detriment, and the redress the grievant seeks. A copy of each written communication on a grievance shall be filed with the Employee Relations Officer. The Department Head or his or her designee shall have ten (10) work days in which to respond to the grievance in writing. Step 3. If a grievance is not satisfactorily resolved in Step 2 above, the Union may appeal in writing within ten (10) work days to the Employee Relations Officer. The Employee Relations Officer or his/her designee shall have twenty (20) work days in which to investigate the merits of the complaint and to meet together at the same time with the Department Head or his/her designee, the grievant, and the Union. For grievances involving interpretation of this MOU, the Employee Relations Officer or his/her designee will decide the grievance on its merits and provide the grievant, the Union, and the Department with a written decision within twenty (20) workdays of the date of the Step 3 Meeting, unless more time is granted by mutual agreement. For grievances involving appeals from disciplinary action, the Employee Relations Officer or designee will attempt to resolve the grievance. In the event that the grievance is not settled, the Employee Relations Officer or designee will provide July 12, 2016 Contra Costa County Board of Supervisors 458 written notice of that fact to the grievant, the Union, and the Department within twenty (20) workdays of the date of the Step 3 meeting, unless more time is granted by mutual agreement. Step 4 Mediation. Grievances regarding discipline involving suspensions, demotion, or reduction in pay will proceed directly to Step 5 – Expedited Board of Adjustment, at the request of the Union. No grievance may be processed under this Section 4 which has not first been filed and investigated in accordance with Step 3. If the parties are unable to reach a mutually satisfactory accord on any grievance that is presented at Step 3, the Union may appeal the grievance and request mediation in writing to the Employee Relations Officer or designee within ten (10) work days of the date of the written response at Step 3. This step of the grievance procedure may be waived by the written mutual agreement of the parties. Step 5 Arbitration. If the parties are unable to reach a resolution of the grievance at Step 4, either the Union or the County, whichever is the moving party, may require that the grievance, except those referred to in Section 26.2 below, be referred to an impartial arbitrator who shall be designated by mutual agreement between the Union and the Employee Relations Officer. Such request shall be submitted within twenty (20) work days of the completion of mediation at Step 4. Within twenty (20) work days of the request for arbitration, the parties shall mutually select an arbitrator who shall render a decision within thirty (30) work days from the date of final submission of the grievance including receipt of the court reporter's transcript and post-hearing briefs, if any. The fees and expenses of the arbitrator and of the court reporter shall be shared equally by the Union and the County. Each party, however, shall bear the costs of its own presentation, including preparation and post hearing briefs, if any. 26.2 Step 5. Expedited Board of Adjustment. If the County and the filing Union are unable to reach a mutually satisfactory accord on any grievance of discipline involving suspension, demotion, or reduction in pay that arises and is presented during the term of this MOU, such grievance may be submitted to the Expedited Board of Adjustment (EBA) in writing in accordance with the procedures below. No grievance may be processed under this Section that has not first been filed and processed in accordance with Step 3 of the Grievance Procedure and delivered to the Employee Relations Officer within ten (10) work days of the date of the Step 3 written response by the Employee Relations Officer or his/her designee or within twenty (20) work days of completion of mediation at Step 4 if Step 4 is not waived. By agreement of the Union and the Employee Relations Officer or his/her designee, grievances concerning contract interpretation may also be presented to the EBA. All grievances submitted to the EBA will be resolved in accordance with the following procedures: Expedited Board of Adjustment (EBA) A. The EBA will be composed of two (2) Union representatives, (no more than two (2) of whom may be an employee of the County), two (2) management members named by the County, and an impartial arbitrator. The Union and the County will July 12, 2016 Contra Costa County Board of Supervisors 459 each appoint three (3) alternates who will serve as voting members of the Board if a member(s) is/are not available. Each Board member will serve for a twelve (12) month term except that one member and one alternate initially appointed by each side will serve a six (6) month term so that Board member terms are staggered. B. The County and the Union (hereafter “parties”) will choose an impartial arbitrator to serve as the fifth (5th) member of the EBA and serve as a tie-breaker when the EBA is deadlocked. The parties will select the arbitrator by forwarding a list of individuals acceptable to a party to the other party. The parties will continue this process until an impartial arbitrator is selected. The arbitrator will serve a one (1) year term, or longer as agreed to by the parties in writing. However, the Arbitrator may be replaced at any time by agreement between the parties. The arbitrator will render an immediate decision if the Board is deadlocked. All decisions rendered by the EBA are final and binding upon the Employer, the Union, and the employee, to the extent provided by law. C. Decisions rendered by the EBA must be within the scope of, and may not vary from, the express written terms of this Memorandum of Understanding. D. The Union filing the grievance and the County will each pay one-half (1/2) of the arbitrator’s fees and costs. If a majority of the EBA approves the services of a court reporter and/or other special services, the Union and the County will each pay one-half (1/2) of such expenses. Procedures A. The EBA will convene on the fourth (4th) Wednesday of each month unless otherwise scheduled by mutual agreement. B. The EBA will develop and adopt written rules of procedure to govern the conduct of hearings by a majority vote. C. Unless the EBA agrees otherwise by majority action, it will remain in session until all grievances on the agenda have been heard. D. All grievances that are received by the Employee Relations Officer at least ten (10) working days prior to the next scheduled session of the EBA will be placed on the agenda for the next regular meeting. By majority vote, the EBA may, upon request of the Union or the County, waive this provision. E. Upon the request of the Union filling the grievance or the County, a continuance of a grievance will be granted until the next session. F. Licensed Attorneys will not participate as Board members, advocates, or advisors in Board hearings, unless the attorney is also a union business agent or Human Resources staff. July 12, 2016 Contra Costa County Board of Supervisors 460 G. Meetings will be convened at a central location agreed to by the Unions and the County. H. Materials to be presented at the EBA will not be shared with the Board members in advance of convening the Board. 26.3 Scope of Arbitration Decisions, and Expedited Board of Adjustment. A. Decisions of arbitrators, and the Expedited Board of Adjustment, on matters properly before them, are final and binding on the parties hereto, to the extent permitted by law. B. No arbitrator or Expedited Board of Adjustment may entertain, hear, decide or make recommendations on any dispute unless such dispute involves a position in a unit represented by the Union which has been certified as the recognized employee organization for such unit and unless such dispute falls within the definition of a grievance as set forth in Subsection 26.1 above. C. Proposals to add to or change this MOU or to change written agreements supplementary hereto shall not be arbitrable and no proposal to modify, amend, or terminate this MOU, nor any matter or subject arising out of or in connection with such proposals, may be referred to arbitration under this Section. No arbitrator or Expedited Board of Adjustment has the power to amend or modify this MOU or written agreements supplementary hereto or to establish any new terms or conditions of employment. D. If the Employee Relations Officer, pursuant to the procedures outlined in Step 3 above or Step 4 above resolves a grievance which involves suspension or discharge, he/she may agree to payment for lost time or to reinstatement with or without payment for lost time. E. No change in this MOU or interpretations thereof (except interpretations resulting from arbitration or Expedited Board of Adjustment proceedings hereunder) will be recognized unless agreed to by the County and the Union. 26.4 Time Limits. The time limits specified above may be waived by mutual agreement of the parties to the grievance. If the County fails to meet the time limits specified in Steps 1 through 3 above, the grievance will automatically move to the next step. If a grievant fails to meet the time limits specified in Steps 1 through 5 above, the grievance will be deemed to have been settled and withdrawn. 26.5 Union Notification. An official, with whom a formal grievance is filed by a grievant who is included in a unit represented by the Union in the grievance, shall give the Union a copy of the grievance. 26.6 Compensation Complaints. All complaints involving or concerning the payment of compensation shall be initially filed in writing with the Employee Relations Officer. Only complaints which allege that employees are not being compensated in accordance with the provisions of this MOU shall be considered as grievances. Any other matters of compensation not detailed in the MOU shall be July 12, 2016 Contra Costa County Board of Supervisors 461 deemed withdrawn until the MOU is next opened for such discussion. No adjustment shall be retroactive for more than six (6) months from the date upon which the complaint was filed. 26.7 Strike/Work Stoppage. During the term of this MOU, the Union, its members and representatives, agree that it and they will not engage in, authorize, sanction, or support any strike, slowdown, stoppage of work, sickout, or refusal to perform customary duties. In the case of a legally declared lawful strike against a private or public sector employer which has been sanctioned and approved by the labor body or council having jurisdiction, an employee who is in danger of physical harm shall not be required to cross the picket line, provided the employee advises his or her supervisor as soon as possible, and provided further that an employee may be required to cross a picket line where the performance of his or her duties is of an emergency nature and/or failure to perform such duties might cause or aggravate a danger to public health or safety. 26.8 Merit Board. A. All grievances of employees in representation units represented by the Union shall be processed under Section 26 unless the employee elects to apply to the Merit Board on matters within its jurisdiction. B. No action under Steps 3, 4, and 5 of Subsection 26.1 above shall be taken if action on the complaint or grievance has been taken by the Merit Board, or if the complaint or grievance is pending before the Merit Board. 26.9 Filing by Union. The Union may file a grievance at Step 3 on behalf of affected employees when action by the County Administrator or the Board of Supervisors violates a provision of this MOU. 26.10 Disputes Over Existence of Grievance. Disputes over whether a grievance exists as defined in Section 26.1 shall be resolved through the grievance procedure. 26.11 Disqualification From Taking an Exam. If disqualified from taking an examination, an employee may utilize the appeal process specified in the Personnel Management Regulations for employees disqualified from taking an examination. SECTION 27 - BILINGUAL PAY A salary differential of one hundred dollars ($100.00) per month shall be paid incumbents of positions requiring bilingual proficiency as designated by the appointing authority and Director of Human Resources. Said differential shall be paid to eligible employees in paid status for any portion of a given month. Designation of positions for which bilingual proficiency is required is the sole prerogative of the County. Employees shall not be required to translate without pay except in emergency situations. July 12, 2016 Contra Costa County Board of Supervisors 462 SECTION 28 – RETIREMENT CONTRIBUTION 28.1 Contribution. Effective on January 1, 2012, all employees are responsible for the payment of one hundred percent (100%) of the employees’ basic retirement benefit contributions determined annually by the Board of Retirement of the Contra Costa County Employees’ Retirement Association (CCCERA) without the County paying any part of the employees’ contribution. All employees are also responsible for the payment of the employees' contributions to the retirement cost of living program as determined annually by the Board of Retirement, without the County paying any part of the employees’ contributions. Except as provided in section 28.3 (Safety Employees Retirement) subsection A, the County is responsible for one hundred percent (100%) of the employer’s retirement contributions determined annually by the Board of Retirement. 28.2 Retirement Benefit - Non-Safety Employees Who Become New Members of CCCERA on or After January 1, 2013. A. For non-safety employees who, under the California Public Employees Pension Reform Act (PEPRA), become New Members of CCCERA on or after January 1, 2013, retirement benefits are governed by PEPRA (Chapters 296, 297, Statutes of 2012). To the extent this Agreement conflicts with any provision of PEPRA, PEPRA governs. B. For employees who, under PEPRA, become New Members of CCCERA, on or after July 1, 2014, the cost of living adjustment to the retirement allowance will not exceed two percent (2%) per year, and the cost of living adjustment will be banked. C. For employees who, under PEPRA, become New members of CCCERA, the disability provisions are the same as the current Tier III disability provisions. D. The County will seek legislation amending the County Employees Retirement Law of 1937 to clarify that the current Tier III disability provisions apply to non- safety employees who, under PEPRA, become New Members of CCCERA. The Union must support the legislation, in addition to the County, by calling and sending a letter (on Union letterhead) in support of the bill to the state legislator sponsoring the bill, on or before the date specified by the County. In addition, if requested by the County, the Union must testify in support of the bill before the state legislative committees considering the bill. E. This Section does not apply to employees of the Contra Costa County Employees Retirement Association (CCCERA). 28.3 Safety Employees Retirement. A. Contribution. Effective January 1, 2012, employees are responsible for the payment of one hundred percent (100%) of the employees’ basic retirement benefit contributions determined annually by the Board of Retirement of the Contra Costa County Employees’ Retirement Association without the County July 12, 2016 Contra Costa County Board of Supervisors 463 paying any part of the employees’ contribution. Employees are also responsible for the payment of the employees' contributions to the retirement cost of living program as determined annually by the Board of Retirement, without the County paying any part of the employees’ contributions. B. Safety Employees Retirement – Tier A – Employees Hired or Re-Hired Before January 1, 2013. 1. For County employees hired or re-hired by the County before January 1, 2013, who are safety members of CCCERA, the retirement formula shall be “3 percent at 50.” The cost of living adjustment (COLA) to the retirement allowance shall not exceed three percent (3%) per year. The employee’s final compensation shall be calculated based on a twelve (12) month salary average. This retirement benefit is known as “Tier A.” Each such employee shall pay nine percent (9%) of his or her retirement base to pay part of the employer’s contribution for the cost of this retirement benefit. 2. Effective July 1, 2012, and through December 31, 2014, each employee in Tier A shall pay four and one-half percent (4.5%) of his or her retirement base to pay part of the employer’s contribution for the cost of the Tier A retirement benefit. 3. Effective January 1, 2015, and through June 29, 2015, each employee in Tier A shall pay two and one-quarter percent (2.25%) of his or her retirement base to pay part of the employer’s contribution for the cost of the Tier A retirement benefit. 4. Effective June 30, 2015, the employee’s payment of two and one-quarter percent (2.25%) of his or her retirement base to pay part of the employer’s contribution for the cost of the Tier A retirement benefit will cease. C. Employees Who Become Safety Members of CCCERA on or After January 1, 2013. 1. For employees who become Safety Members of the Contra Costa County Employee Retirement Association (CCCERA) on or after January 1, 2013, retirement benefits are governed by the California Public Employees Pension Reform Act (PEPRA), (Chapters 296, 297, Statutes of 2012). To the extent this Agreement conflicts with any provision of PEPRA, PEPRA governs. 2. PEPRA Safety Option Plan Two (2.7% @ 57) applies to employees who, under PEPRA, become Safety New Members of CCCERA. Future agreement reached with the Probation Peace Officers of Contra Costa County regarding the cost of living adjustment to the retirement allowance for PEPRA Safety Option Plan Two Safety members retirement will apply to Safety members of AFSCME, Local 512, effective on the same date. July 12, 2016 Contra Costa County Board of Supervisors 464 3. Subsection B, subparts (1) through (4), above, applies to employees who, under PEPRA, become reciprocal Safety Members of CCCERA, as determined by CCCERA. SECTION 29 - REIMBURSEMENT 29.1 Training Reimbursement. The County Administrative Bulletin on Training shall govern reimbursement for training and shall limit reimbursement for career development training to seven hundred fifty dollars ($750) per fiscal year, except as otherwise provided in the supplemental sections of this MOU. Reimbursement under the above limits for the costs of books for career development training shall be allowable. Registration and tuition fees for career development education may be reimbursed for up to fifty percent (50%) of the employee’s net cost. Books necessary for courses taken for career development education may be reimbursed for up to one hundred percent (100%) of the employee’s net cost. 29.2 Personal Property Reimbursement. The loss or damage to personal property of employees is subject to reimbursement under the following conditions: a. The loss or damage must result from an event which is not normally encountered or anticipated on the job and which is not subject to the control of the employee. b. Ordinary wear and tear of personal property used on the job is not compensated. c. Employee tools or equipment provided without the express approval of the department head and automobiles are excluded from reimbursement. d. The loss or damage must have occurred in the line of duty. e. The loss or damage was not a result of negligence or lack of proper care by the employee. f. The personal property was necessarily worn or carried by the employee in order to adequately fulfill the duties and requirements of the job. g. The loss or damage to employees’ eyeglasses, dentures, or other prosthetic devices did not occur simultaneously with a job connected injury covered by Worker's Compensation. h. The amount of reimbursement shall be limited to the actual cost to repair damages. Reimbursement for items damaged beyond repair shall be limited to the actual value of the item at the time of loss or damage but not more than the original cost. i. The burden of proof of loss rests with the employee. j. Claims for reimbursement must be processed in accordance with the Administrative Bulletin on Compensation for Loss or Damage to the Personal Property. July 12, 2016 Contra Costa County Board of Supervisors 465 29.3 Reimbursement For Meals. Procedures and definitions relative to reimbursement for meal expenses shall be in accordance with the Administrative Bulletin on Expense Reimbursement. SECTION 30 - CLASSIFICATION Existing classes of positions may be abolished or changed and new classes may be added to the classification plan by the Director of Human Resources subject to approval by the Board of Supervisors. The County will meet and confer with the Union on the minimum qualifications and salary of new classes. If the County wishes to add duties to classes represented by the Union, the Union shall be notified, and upon request of Union representatives of the County, will meet and consult with the Union over such duties. SECTION 31 - SAFETY AND SAFETY EQUIPMENT REIMBURSEMENT The County shall expend every effort to see to it that the work performed under the terms and conditions of this MOU is performed with a maximum degree of safety consistent with the requirement to conduct efficient operations. The Union may recommend safety guidelines, regulations, training programs and necessary corrective actions concerning conditions associated with the work environment. Representatives of the Union may want to discuss with certain Department Heads the participation of the employees it represents on existing departmental safety committees. If a Department Head agrees, the Union may designate a representative to participate in any established Safety Committee. Departments without a Safety Committee shall establish a committee within ninety (90) days of the effective date of this agreement. The Union shall appoint all labor representatives to the Committee. All Safety Committees shall schedule their meetings. An employee designated by the Union may participate on each of the established district safety committees within the Department of Employment & Human Services. 31.1 Computer Vision Care (CVC) Users Eye Examination. The County agrees to provide all classes in the Clerical Supervisory Unit and the Social Services Staff Specialists Unit an annual eye examination on County time (up to two hours) at County expense provided that the employee regularly uses a video display terminal at least an average of two (2) hours per day as certified by their department. Employees certified for examination under this program must process their request through the Employee Benefits Division of the County Human Resources Department. Should prescription CVC eyeglasses be prescribed for the employee following the examination, the County agrees to provide, at no cost, the basic coverage which includes a fifty dollar ($50) frame and single vision lenses. July 12, 2016 Contra Costa County Board of Supervisors 466 Employees may, through individual arrangement between the employee and their doctor and solely at the employee's expense, include bifocal, trifocal or blended lenses and other care, services or materials not covered by the Plan. The basic plan coverage, including the examination, may be credited toward the employee-enhanced benefit. 31.2 Safety Shoe & Safety Eyeglass Reimbursement. The County shall reimburse employees for safety shoes and prescription safety eyeglasses which the Department Head has determined eligible for such reimbursement. For each two (2) year period starting January 1, 2016, eligible employees will be allowed reimbursement for the purchase and repair of safety shoes up to a maximum of two hundred seventy-five dollars ($275). There is no limitation on the number of shoes or number of repairs allowed other than the amount allowed. The County will reimburse eligible employees for prescription safety eyeglasses which are approved by the County and are obtained from such establishment as required by the County. SECTION 32 - MILEAGE 32.1 Reimbursement for Use of Personal Vehicle. Procedures and definitions relative to mileage reimbursement will be in accordance with the Administrative Bulletin on Expense Reimbursement. 32.2 Commuter Benefit Program. Prior to July 1, 2017, the County will offer employees the option of enrolling in an employee-funded qualified transportation (commuter) benefit program designed to qualify for tax savings under Section 132(f) of title 26 of the Internal Revenue Code, but such savings are not guaranteed. The Commuter Benefit Program will allow employees to set aside pre-tax dollars for qualified transportation expenses to the extent and amount allowed by the Internal Revenue Service. SECTION 33 - STAGGERED WORK SCHEDULE The Department of Employment & Human Services shall continue to operate a staggered work schedule plan. Office hours shall remain open to the public from 8:00 a.m. to 5:00 p.m., Monday through Friday. Permanent full time employees shall have the option to select, subject to prior approval of the department, an eight (8) hour day, forty (40) hour workweek schedule consisting of work hours which may be other than the normal 8:00 a.m. to 5:00 p.m. or 4:30 p.m. work schedule. The following shall serve as the basic criteria for the staggered shift: a. All employees must be present at their office or otherwise engaged in the duties of their position during the core hours of 10:00 a.m. and 3:30 p.m. July 12, 2016 Contra Costa County Board of Supervisors 467 b. Work schedules must remain within the hours of 7:00 a.m. and 7:00 p.m. c. The selected staggered work schedule shall consist of the same hours of work each day except for when a schedule including one varying eight hour workday is necessary to provide officer of the day coverage or for other specific circumstances in which the department determines that such a varying schedule is appropriate. The decision of the department head or designee shall be final. d. Each employee's proposed staggered schedule must be submitted in writing and approved by the Department Head or designee prior to implementation. e. Changes in staggered schedules shall be requested in writing and must have the approval of the Department Head or designee prior to implementation. f. Conflicting requests for schedules shall be resolved by the Department Head or designee whose decision shall be final. g. It is understood that an individual employee's schedule may be changed due to the needs of the department. h. In the event this staggered scheduling provision is found by the department to be inconsistent with the needs of the department, the department shall so advise representatives of the Union and the County and the Union shall meet and confer in an attempt to resolve the inconsistency. SECTION 34 - MEAL PERIODS Representatives of the Union may discuss varying meal periods (e.g. one-half (1/2) hour versus a one (1) hour meal period), with designated Department Representatives. Any change in the meal period agreed to by the Union and Department must have final approval from the Department Head. SECTION 35 - PERFORMANCE EVALUATION In those instances when there is a written performance evaluation of an employee and the employee is requested to sign the evaluation, the employee shall receive a copy of the evaluation if he/she so requests. SECTION 36 - DISCIPLINARY ACTIONS If the employee so requests in writing, a copy of any written disciplinary action affecting an employee it shall be furnished to the Union. July 12, 2016 Contra Costa County Board of Supervisors 468 SECTION 37 - PERSONNEL FILES Employees shall have the right to inspect and review any official record(s) relating to his or her performance as an employee or to a grievance concerning the employee which is kept or maintained by the County in the employee's personnel file in the Human Resources Department. The employee’s union representative, with written authorization by the employee, shall also have the right to inspect and review any official record(s) described above. The contents of such records shall be made available to the employee and/or the employee’s union representative for inspection and review at reasonable intervals during the regular business hours of the County. Copies of written reprimands or memoranda pertaining to an employee's unsatisfactory performance which are to be placed in the employee's personnel file shall be given to the employee who shall have the right to respond in writing to said documents. Derogatory material in an employee's personnel file (such as warning letters) over two (2) years old will not be used in a subsequent disciplinary action unless directly related to the action upon which the discipline is taken. Derogatory material does not include prior suspensions, demotions or dismissals for cause. The County shall provide an opportunity for the employee to respond in writing to any information which is in the employee's personnel file about which he or she disagrees. Such response shall become a permanent part of the employee's personnel record. The employee shall be responsible for providing the written responses to be included as part of the employee's permanent personnel record. Counseling memos, which are not disciplinary in nature, are to be retained in the file maintained by the employee's supervisor or the person who issued the counseling memo and are not to be transferred to the employee's central file which is normally retained by the Human Resources Department unless such memos are subsequently used in conjunction with a disciplinary action such as a letter of reprimand. This section does not apply to the records of an employee relating to the investigation of a possible criminal offense, medical records and information or letters of reference. Employees have the right to review their official personnel files which are maintained in the Human Resources Department or by their department during their work hours. For those employees whose work hours do not coincide with the County’s business hours, management shall provide a copy of the employee’s personnel file for their review. The custodian of records will certify that the copy is a true and correct copy of the original file. In a case involving a grievance or disciplinary action, the employee's designated representative may also review his/her personnel file with specific written authorization from the employee. SECTION 38 - SERVICE AWARDS The County shall continue its present policy with respect to service awards including time off; provided, however, that the type of award given shall be at the sole discretion of the County. July 12, 2016 Contra Costa County Board of Supervisors 469 The following procedures shall apply with respect to service awards: a. Presentation Before the Board of Supervisors. An employee with twenty (20) or more years of service may go before the Board of Supervisors to receive his/her Service Award. When requested by a department, the Human Resources Department will make arrangements for the presentation ceremony before the Board of Supervisors and notify the department as to the time and date of the Board meeting. b.Service Award Day Off. Employees with fifteen (15) or more years of service are entitled to take a day off with pay at each five (5) year anniversary. SECTION 39 - REASSIGNMENTS 39.1 Request for Reassignment. The Department of Employment & Human Services shall continue the vacancy information system which lists vacant positions which the department has determined will be filled by intradepartmental reassignment. Positions shall be listed for five (5) working days in department offices prior to filling the position. Permanent full time employees desirous of reassignment to a position in the same classification at another work location should submit a request in writing to the Department of Employment & Human Services personnel office. Such request will stay in effect for ninety (90) days from the date it is submitted. When it is determined that a vacant position may be filled by intradepartmental transfer, the department will determine from which district the transfer may be made based upon the amount and nature of work, and the names of people from that/those district(s) in the appropriate classification who have indicated a desire to transfer to that location will be submitted to the supervisor who will make a selection. In the event three (3) names are not available through this process, then the gaining supervisor may request additional names from the reemployment/eligible list. 39.2 Involuntary Reassignments. In the event an involuntary reassignment must be made, the Department of Employment & Human Services will determine the building from which the employee will be reassigned, based on workload statistics. The least senior employee in that building in the appropriate classification will be transferred. If a vacancy occurs in the same class and in the same geographic area from which an employee was involuntarily reassigned, the Department shall offer the position to the employee who was involuntarily reassigned. If the employee declines the offer, he/she will not be considered for any future vacancies in that geographic area except as provided in Section 39.1 above. For the purposes of this Section, geographic areas shall be defined as West County, Central County and East County. July 12, 2016 Contra Costa County Board of Supervisors 470 39.3 Social Service Staff Specialists Unit. S.S. Program Analysts, S.S. Information Systems Analysts and S.S. Sr. Information Systems Analysts and S.S. Staff Development Specialists (hereinafter referred to as Analysts) in this unit, shall have the opportunity to express their desire for reassignments to a position in the same classification at any time in accordance with Section 23.5 – Reassignment of Work Location. Analysts shall be notified of positions vacant and eligible to be filled via memo at their work site. The Department shall interview all interested Analysts in that classification who have responded to the vacancy notification. Selection of Analysts for reassignment to vacant positions will be reviewed with consideration given to various factors including but not limited to: experience or demonstrated skill appropriate to the position sought; any previous involuntary reassignments; seniority within the classification; operational and programmatic needs of the Department; location of the work assignment relative to the Analyst's place of residence. The Department Head or designated representative shall make the sole determination as to reassignment of personnel. In the event of an involuntary reassignment, the number of times an Analyst has been involuntarily reassigned shall be considered so as to prevent any Analyst from being involuntarily reassigned more than once in any twelve (12) month period. Analysts involuntarily reassigned will be given priority consideration to return to the assignment and location from which they were reassigned should that vacancy occur and it is determined that the position is to be refilled. 39.4 Bid and Vacancy Distribution. The Union will be included in the distribution of bid/vacancy notices by departmental personnel officers for Clerical Supervisor vacancies. SECTION 40 - UNFAIR LABOR PRACTICE Either the County or the Union may file an unfair labor practice as defined in Chapter 34-22 of Board Resolution No. 81/1165 against the other. Allegations of an unfair labor practice, if not resolved in discussions between the parties, may be heard by a mutually agreed upon impartial third party. SECTION 41 - LENGTH OF SERVICE DEFINITION FOR SERVICE AWARDS AND VACATION ACCRUALS The length of service credits of each employee of the County shall date from the beginning of the last period of continuous County employment (including temporary, provisional, and permanent status, and absences on approved leave of absence). When an employee separates from a permanent position in good standing and within two (2) years is reemployed in a permanent County position or is reemployed in a permanent County position from a layoff list within the period of layoff eligibility, service credits shall include all credits accumulated at time of separation, but shall not include the period of separation. The Director of Human Resources shall determine these matters based on the employee status records in his/her department. July 12, 2016 Contra Costa County Board of Supervisors 471 SECTION 42 - PERMANENT PART-TIME EMPLOYEE BENEFITS Permanent part-time employees receive prorated vacation and sick leave benefits. They are eligible for health, dental and life insurance benefits at corresponding premium rates providing they work at least fifty percent (50%) of full time. If the employee works at least fifty percent (50%) of full time, County retirement participation is also included. SECTION 43 - PERMANENT-INTERMITTENT EMPLOYEE SPECIAL PAYS & BENEFITS A. Permanent-intermittent employees are eligible for prorated vacation and sick leave benefits. B. Permanent-Intermittent employees may be eligible for certain special types of pays and benefits in addition to wages under specifically defined circumstances. A list of those special pays and benefits that are applicable to permanent- intermittent employees is included as Attachment G. If a special pay or benefit that is described in this MOU does not specifically reference permanent- intermittent employees or the special pay or benefit is not included in Attachment G, then the special pay or benefit does not apply to permanent-intermittent employees. SECTION 44 - UNION REPRESENTATION OF TEMPORARY EMPLOYEES 44.1 Recognition. AFSCME, Local 512 is the formally recognized employee organization for temporary employees, not including emergency appointments and retiree temporary appointments, who are employed by Contra Costa County in those classifications covered by the MOU between AFSCME, Local 512 and Contra Costa County. A. Temporary Employees. Temporary employees hired on or after January 1, 1997 may work a maximum of 1600 hours within a department. Thereafter, that temporary may not work in that department for one year as a temporary. B. The County may employ temporary employees in excess of 1600 hours for the following reasons: 1.To cover for employees on leaves of absence, e.g., maternity, military, medical, workers’ compensation. 2.While a department is actively recruiting to fill a position. 3.For regular recurring departmental needs, e.g., election season (Clerk- Recorder), property tax season (Treasurer-Tax Collector), and “closing the assessment roll” season (Assessor). July 12, 2016 Contra Costa County Board of Supervisors 472 4.Temporary assignments for pre-determined periods of time, as determined by the hiring department. 5.For short term seasonal work needed by a department, not to exceed 1600 hours. The County may not replace a temporary employee with another temporary employee except as provided in Subsections 1, 2, 3, and 4 of this Section B. above. The County will notify the union in advance of the period of the temporary assignment under Subsection 4 and the period of the seasonal assignment under Subsection 5. C. Student Intern: The County may employ a person as a Student Intern only if that person is enrolled in a school and is performing work for the County that is related to his/her course of study, interest, aptitude, or education, provided however, that a student intern hired for the summer may perform work not related to his/her course of study, interest, aptitude or education. Student Interns may not be used in lieu of hiring regular County employees. D. The County may employ temporary agency employees in a manner consistent with Government Code Section 31000.4, which provides: “The board of supervisors may contract with temporary help firms for temporary help to assist county agencies, departments or offices during any peak load, temporary absence, or emergency other than a labor dispute, provided the board determines that it is in the economic interest of the county to provide such temporary help by contract, rather than employing persons for such purpose. Use of temporary help under this section shall be limited to a period of not to exceed 90 days for any single peak load, temporary absence, or emergency situation.” E. The County will provide to the union a temporary employee report to show the total number of hours worked by each County temporary employee and each temporary agency employee and not merely the annual number of hours. It shall also include the reason the County temporary employee was hired by referring to one of the 5 reasons specified in B. above or the reason the temporary agency employee was hired as set forth in paragraph D. F. Appointment to a Permanent Position. If a temporary employee is appointed to a permanent position, credited paid time off hours and earned, but not yet credited paid time off hours, shall be converted to vacation hours and subject to the MOU provisions relating to vacation, except that when a temporary employee is appointed to a permanent position, the employee shall be allowed to use the earned paid time off hours during the first six (6) months of employment in a permanent position. July 12, 2016 Contra Costa County Board of Supervisors 473 Upon receipt of a request by the Union, the Human Resources Department agrees to meet to discuss the issues related to continuous testing and the frequency of such testing regarding specific classifications. Effective January 1, 2000, the County shall provide quarterly reports regarding temporary employees which include the following information: employee name, classification, department, mail drop I.D., and number of hours worked in all classifications and departments on a calendar year-to-date basis. 44.2 Temporary Employee Special Pays. Temporary employees may be eligible for certain special types of pays or benefits in addition to wages under specifically defined circumstances. A list of those special pays and benefits that are applicable to temporary employees is included as Attachment H. If a special pay or benefit that is described in this MOU does not specifically reference temporary employees or the special pay or benefit is not included in Attachment H, then it does not apply to temporary employees. SECTION 45 - WORD PROCESSING/CVC DIFFERENTIALS 45.1 Buyout of Differential. Effective April 1, 1992 all job classes in the Clerical Supervisory Unit and the Social Service Staff Specialist Unit will be increased to the closest salary range available that is fifty dollars ($50) higher than the current salary range at the mid-point step after the general wage increase of thirty (30) levels is added. Effective May 1, 1992 employees in the above units who were receiving CVC or Word Processing Differential shall no longer receive such differential. 45.2 Continuing Differentials. All job classes in the Income Maintenance and Engineering Technician Units that currently are eligible for CVC or Word Processing Differential shall not have $50.00 added to their salary range. However, employees in these job classes who are receiving either a CVC or Word Processing Differential will continue to receive the differential until such time as they vacate their class. SECTION 46 - ENGINEERING TECHNICIAN SPECIAL ISSUES 46.1 Rotational Advisory Committee. The Public Works Department Engineering Rotational Advisory Committee shall be continued through the term of this MOU. The primary purpose of this Committee shall be to make recommendations to the Public Works Director no less than on an annual basis when there are Engineering Technicians due to rotate. The Committee shall consist of no more than two (2) Engineering Technicians and various designated management representatives. The Engineering Technicians shall be selected by the Union, and shall not be scheduled for rotation. The Committee may additionally include a representative of the Union if requested by the Engineering Technicians representatives. The Committee may also discuss Engineering Technician rotation procedures and implementation methods, safety and training needs and other related matters. July 12, 2016 Contra Costa County Board of Supervisors 474 Rotational Advisory Committee modifications: Step 1: Prior to rotation selection the department shall circulate all openings and scheduled rotations that are due to rotate to all Engineering Technicians at the same time the rotation notice is circulated. Step 2: The union representatives shall receive copies of the openings and scheduled rotations and the employee’s choices. Step 3: The union representatives shall receive a copy of management’s selections. Step 4: If an employee does not receive one of her or his three choices, the union representatives may call a meeting of the joint labor/management Rotation Advisory Committee if the employee requests reconsideration of the rotation decision. The committee shall meet within five days of the request. Step 5: The joint labor/management Rotation Advisory Committee shall deliberate and shall make a recommendation to the Public Works Director per Section 48.1. 46.2 Engineering Technician Bidding Procedure. When a vacant Senior Level position is made available, the Public Works Department shall bid the position in the following manner: a. All Engineering Technicians-Senior Level and qualified Engineering Technicians- Journey Level shall receive a notice of opening. b. "Qualified" means an employee shall meet the minimum qualifications of the Engineering Technician-Senior Level designation. c. The Departmental Final Selection Interview Panel shall include at least the Division or Assistant Division Head for the Division from where the vacancy occurs and a member of the Administrative Services Division. d. The bid notice shall be posted for a minimum of five (5) work days. e. Selection shall be made from all interested applicants on the basis of merit and qualifications. When a vacant Journey Level position is made available, the Public Works Department shall bid the position in the following manner: a. All Engineering Technicians-Journey Level and qualified Engineering Technicians-Entry Level shall receive a notice of opening. b. "Qualified" means an employee shall meet the minimum qualifications of the Engineering Technician-Journey Level designation. July 12, 2016 Contra Costa County Board of Supervisors 475 c.The Departmental Final Selection Interview Panel shall include at least the Division or Assistant Division Head for the Division from where the vacancy occurs and a member of the Administrative Services Division. d.The bid notice shall be posted for a minimum of five (5) work days. e.Selection shall be made from all interested applicants on the basis of merit and qualifications. 46.3 Flexible Work Week. The Public Works Department shall continue a flexible forty (40) hour workweek for Engineering Technicians assigned to the office. Crucial to the continuance of the flexible forty (40) hour workweek will be the impact on service to the public. 46.4 Continuing Education Allowance. Employees in classifications in the Engineering Technician Unit shall be eligible to receive a two and one half (2 ½%) Continuing Education Allowance effective the first of the month following adoption of the Memorandum of Understanding by the Board of Supervisors. The employee must annually complete at least sixty (60) hours of approved education or training or at least three (3) units of department approved college credit or approved combination thereof. SECTION 47 – HAZARD PAY Hazard Pay. Hazard pay is calculated at five percent (5%) of the hourly base rate of pay for each hour worked that qualifies for hazard pay. Permanent full-time and part- time employees in the classification of Clerical Supervisor (JWHF) are eligible to receive hazard pay for those hours worked in Psychiatric Emergency (Org. #6381) and in Hospital Admissions Martinez (Org. #6553). SECTION 48 - PROPERTY APPRAISER UNIT SPECIAL ISSUES 48.1 Mileage. Mileage allowance for use of personal vehicles on County business shall be paid according to the rates allowed by the Internal Revenue Service. 48.2 Bridged Service Time. Employees who are rehired and have their service bridged in accordance with the provisions of this MOU shall accrue vacation in accordance with the accrual formula in Section 13.3 - Vacation Accrual Rates. Prior service time which has been bridged shall count toward longevity accrual. 48.3 Flex-Time. It is understood that Resolution No. 75/1037 pertaining to flex-time may be applied to the Property Appraisers Unit as well as other County employees. Nothing contained in this MOU prohibits the Department Head from implementing a flex- time system for employees in the Property Appraisers Unit. The Department Head, prior to implementation, shall discuss the implementation of any flex-time system involving employees represented by the Union with the Union. Then the Department shall determine if said flex-time is feasible following a trial period and then shall submit the plan to the County Administrator for approval. Upon written request to the Labor July 12, 2016 Contra Costa County Board of Supervisors 476 Relations Manager, the Union may request to meet with the Department Head for the purpose of proposing an alternate flexible work schedule. 48.4 Educational Incentive. Effective January 1, 2007 classes represented by the Union will be entitled to a salary differential of two and one-half percent (2.5%) of base pay or a minimum of fifty dollars ($50) per month, whichever is greater, for possession of a certification for educational achievement from at least one of the following: a. American Institute of Real Estate Appraisers-Residential Member (RM) designation; b. State Board of Equalization-Advanced Appraiser certification; c. International Association of Assessing Officers - Residential Evaluation Specialist (RES); d. Society of Auditor Appraisers - Master Auditor-Appraiser (MAA) designation; e. Society of Real Estate Appraisers - Senior Residential Appraiser (SRA) designation; f. Any other certification approved by the County Assessor and the Director of Human Resources. 48.5 4/10 Summer Schedule. The Assessor will consider continuation of the annual 4/10 summer schedule, which begins when the Assessor declares and ends on October 31st of each year. SECTION 49 - MEALS Employees represented by the Union who are employed at the County Hospital and who are required to work on Thanksgiving, Christmas or New Year's will be provided a free meal in the Hospital Cafeteria at no cost to the employee between 6:30 a.m. and 6:30 p.m. only. SECTION 50 - SPECIAL STUDIES/ PROJECTS/ ADJUSTMENTS A. Child Care. The County will continue to support the concept of non-profit child care facilities similar to the “Kids at Work” program established in the Public Works Department. B. Name and Address Changes. On a quarterly basis beginning January 1, 2000, the County will provide to the Union an updated list of employee names and addresses. July 12, 2016 Contra Costa County Board of Supervisors 477 SECTION 51 - SPECIAL BENEFITS Incumbents in all classes in the Social Service Staff Specialist Unit, Income Maintenance Unit, and Clerical Supervisory Unit are eligible to receive the following benefits: A. Life Insurance. $45,000 Group Term Life Insurance will be provided. Premiums for this insurance will be paid by the County with conditions of eligibility to be reviewed annually. Incumbents in all classes in the Property Appraiser Unit and Engineering Technician Unit shall be eligible for $45,000 Group Term Life Insurance. B. LTD. Long-Term Disability Insurance will be provided, with a replacement limit of eighty-five percent (85%) of total monthly base earnings reduced by any deductible benefits. The premium for this Long-Term Disability Insurance will be paid by the County. C. Vacation Buy Back Plan. The County will reimburse up to one-third (1/3) of an employee's annual vacation accrual, subject to the following conditions: (a) the choice can be made only once in each calendar year; (b) payment shall be based on an hourly rate determined by dividing the employee's monthly salary by 173.33; and (c) the maximum number of hours that may be reimbursed in any year is one-third (1/3) of the annual accrual at the time of reimbursement. Employees promoted, hired or rehired by the County into any classification represented by AFSCME 512 on and after January 1, 2012, are not eligible for the Vacation Buy-Back benefit. However, any employee who was eligible for a Vacation Buy-Back benefit before promoting into a classification represented by AFSCME 512 will retain that benefit after promoting into a classification represented by AFSCME 512. D. Professional Development. Beginning January 1, 2016, employees, including those in the Property Appraisers Unit and Engineering Technician Unit, shall be eligible for reimbursement of up to four hundred dollars ($400) for each two year period for memberships in professional organizations, subscriptions to professional publications, attendance fees at job-related professional development activities, job-related books, electronic calendars and organizers, and soft and hardware from a standardized County approved list or with Department Head approval, provided each employee complies with the provisions of the Computer Use and Security Policy adopted by the Board of Supervisors. Authorization for individual professional development reimbursement requests shall be made by the Department Head. Reimbursement will occur through the regular demand process with demands being accompanied by proof of payment (copy of invoice or canceled check). E. Paid Personal Leave. Fifty (50) hours of paid personal leave will be provided during a calendar year. Said personal leave is provided to recognize both the fact that these employees do not and will not receive payment for overtime and the unavailability of compensatory time off for this group of employees. July 12, 2016 Contra Costa County Board of Supervisors 478 F. 1. Deferred Compensation Incentive. Effective January 1, 2007, the County’s contribution to eligible employees who participate in the County’s Deferred Compensation Plan will be seventy-five dollars ($75.00) per month. To be eligible for this incentive supplement, eligible employees must first contribute a Base Contribution Amount to the Deferred Compensation Plan as follows: Monthly Base Current Contribution Amt. Monthly Qualifying Base for Maintaining Salary Contribution Amt. Program Eligibility 2500 & below 250 50 2501 - 3334 500 50 3335 - 4167 750 50 4168 - 5000 1000 50 5001 - 5834 1500 100 5835 - 6667 2000 100 6668 & above 2500 100 Employees who meet these Base Contribution Amounts must contribute at least fifty dollars ($50) or one hundred dollars ($100) per month to remain eligible for the seventy-five dollars ($75.00) County supplement. Employees who discontinue contributions or who contribute less than the required amount per month for a period of one (1) month or more will no longer be eligible for the seventy-five ($75.00) County supplement. To reestablish eligibility, employees must again make a Base Contribution Amount as set forth above based on current monthly salary. Employees with a break in Deferred Compensation Contributions because of an approved medical leave, shall not be required to reestablish eligibility. Employees with a break in deferred compensation contributions because of either an approved medical leave or approved financial hardship withdrawal shall not be required to re-establish eligibility. Further, employees who lose eligibility due to budgetary constraints but maintain contributions at the required level and later return to an eligible position shall not be required to re-establish eligibility. Eligible employees who participated in the Deferred Compensation Plan prior to May 1, 1992 but were not eligible to receive the County contribution will be given credit towards the qualifying base amount for contributions made after January 1, 1992. 2. Deferred Compensation Plan – Special Benefit for Hires After January 1, 2010: Commencing April 1, 2010, and for the duration of this Agreement, the County will contribute one hundred fifty dollars ($150) per month to an employee's account in the Contra Costa County Deferred July 12, 2016 Contra Costa County Board of Supervisors 479 Compensation Plan or other designated tax qualified savings vehicle, for employees who meet all of the following qualifications: a) The employee was first hired by Contra Costa County on or after January 1, 2010 and, b) The employee is a permanent full-time or permanent part-time employee regularly scheduled to work at least twenty (20) hours per week and has been so employed for at least ninety (90) calendar days; and, c) The employee defers a minimum of twenty-five dollars ($25) per month to the Contra Costa County Deferred Compensation Plan or other designated tax qualified savings vehicle; and, d) The employee has completed, signed and submitted to the Human Resources Department - Employee Benefits Service Unit, the required enrollment form for the account, e.g., the Enrollment Form 457(b). e) The annual maximum contribution as defined under the relevant Internal Revenue Code provision has not been exceeded for the employee's account for the calendar year. Employees who discontinue deferral or who defer less than the amount required by this Subsection 2 for a period of one (1) month or more will no longer be eligible to receive the County contribution. To re-establish eligibility, employees must resume deferring the amount required by this Subsection 2. No amount deferred by the employee or contributed by the County in accordance with this Subsection 2 will count towards the “Base Contribution Amount” or the “Monthly Base Contribution Amount for Maintaining Program Eligibility” required for the County's Deferred Compensation Incentive in Subsection 1. No amount deferred by the employee or contributed by the County in accordance with Subsection 1 will count toward the minimum required deferral required by this Subsection 2. The County's contribution amount in accordance with this Subsection 2 will be in addition to the County contribution amount for which the employee may be eligible in accordance with any other provision in this contract. Both the employee deferral and the County contribution to the Contra Costa County Deferred Compensation Plan under this Subsection 2, as well as any amounts deferred or contributed to the Contra Costa County Deferred Compensation Plan in accordance with Subsection 1, will be added together for the purpose of ensuring that the annual Plan maximum contributions as defined under IRS Code Section 457(b), or other tax qualified designated savings vehicle, are not exceeded. July 12, 2016 Contra Costa County Board of Supervisors 480 Within thirty (30) days of adoption of this MOU by the Board of Supervisors, and annually thereafter beginning in 2015, the County will provide to the Union a list of eligible employees who have not enrolled in the deferred compensation plan and will provide the Union with contact information for scheduling an appointment with the Deferred Compensation provider. 3. Deferred Compensation Plan – Loan Provision: On August 14, 2012 the Board of Supervisors adopted Resolution 2012/348 approving a side letter with the Coalition Unions to allow a Deferred Compensation Plan Loan Program effective September 1, 2012. The following is a summary of the provisions of the loan program: 1. The minimum amount of the loan is $1,000 2. The maximum amount of the loan is the lesser of 50% of the employee’s balance or $50,000, or as otherwise provided by law. 3. The maximum amortization period of the loan is five (5) years. 4. The loan interest is fixed at the time the loan is originated and for the duration of the loan. The loan interest rate is the prime rate plus one percent (1%). 5. There is no prepayment penalty if an employee pays the balance of the loan plus any accrued interest before the original amortization period for the loan. 6. The terms of the loan may not be modified after the employee enters into the loan agreement, except as provided by law. 7. An employee may have only one loan at a time. 8. Payment for the loan is made by monthly payroll deduction. 9. An employee with a loan who is not in paid status (e.g. unpaid leave of absence) may make his/her monthly payments directly to the Plan Administrator by some means other than payroll deduction each month the employee is in an unpaid status (e.g. by a personal check or money order). 10. The Loan Administrator (Mass Mutual Life Insurance Company or its successor) charges a one-time $50 loan initiation fee. This fee is deducted from the employee’s Deferred Compensation account. 11. The County charges a one-time $25 loan initiation fee and a monthly maintenance fee of $1.50. These fees are paid by payroll deduction. July 12, 2016 Contra Costa County Board of Supervisors 481 The County’s website provides employees with the following information: a. Deferred Compensation Loan Provision b. FAQ’s for the Loan Provision including loan status upon termination of employment and the consequences of defaulting on a loan c. Pros and Cons of borrowing from the Deferred Compensation Plan d. Loan Application and Agreement SECTION 52 - ADOPTION The provisions of this MOU shall be made applicable on the dates indicated and upon approval by the Board of Supervisors. Resolutions and Ordinances, where necessary, shall be prepared and adopted in order to implement these provisions. It is understood that where it is determined that an Ordinance is required to implement any of the foregoing provisions, said provisions shall become effective upon the first day of the month following thirty (30) days after such Ordinance is adopted. SECTION 53 - DURATION OF AGREEMENT This Agreement will continue in full force and effect from July 1, 2016 to and including June 30, 2019. Said Agreement shall automatically renew from year to year thereafter unless either party gives written notice to the other prior to sixty (60) days from the aforesaid termination date of its intention to amend, modify or terminate the agreement. SECTION 54 - SCOPE OF AGREEMENT AND SEPARABILITY OF PROVISION 54.1 Scope of Agreement. Except as otherwise specifically provided herein, this MOU fully and completely incorporates the understanding of the parties hereto and constitutes the sole and entire agreement between the parties in any and all matters subject to meet and confer. Neither party shall, during the term of this MOU demand any change herein, provided that nothing herein shall prohibit the parties from changing the terms of this MOU by mutual agreement. Any past side letters or any other agreements that are not incorporated into or attached to this MOU are deemed expired upon approval of this MOU by the Board of Supervisors. 54.2 Separability of Provisions. Should any section, clause or provision of this MOU be declared illegal, unlawful or unenforceable, by final judgment of a court of competent jurisdiction, such invalidation of such section, clause or provision shall not invalidate the remaining portions hereof, and such remaining portions shall remain in full force and effect for the duration of this MOU. July 12, 2016 Contra Costa County Board of Supervisors 482 54.3 Personnel Management Regulations. Where a specific provision contained in a section of this MOU conflicts with a specific provision contained in a section of the Personnel Management Regulations, the provision of this MOU shall prevail. It is recognized, however, that certain provisions of the Personnel Management Regulations may be supplementary to the provisions of this MOU or deal with matters not within the scope of representation and as such remain in full force and effect. Date: _______________ Contra Costa County: AFSCME, Local 512: (Signature / Printed Name) (Signature / Printed Name) / / / / / / / / / / / / / / / / / / July 12, 2016 Contra Costa County Board of Supervisors 483 AFSCME, LOCAL 512 ATTACHMENTS A. CLASS & SALARY LISTING BY UNIT B. MEDICAL/DENTAL/LIFE INSURANCE ADJUSTMENTS C. PROJECT POSITIONS D. RETURN TO WORK POLICY E. CALIFORNIA HEALTH BENEFITS EXCHANGE (HBEX) AGREEMENT F. ADDITIONAL CALWORKS DUTIES G. SPECIAL PAYS FOR PERMANENT-INTERMITTENT EMPLOYEES H. SPECIAL PAYS FOR TEMPORARY EMPLOYEES July 12, 2016 Contra Costa County Board of Supervisors 484 Job Code Class Title Flex Staff (F) / Deep Class (D)From To NSWB BLUEPRINT TECHNICIAN $2,839 $3,451 NSSA ENGINEERING RECORD TEC SP $4,535 $5,512 NPSA ENGINEERING RECORDS TECH $3,868 $4,819 NSTH ENGINEERING TECHNICIAN-ENTRY F, D Res # 07/138 $4,112 $4,887 NSTJ ENGINEERING TECHNICIAN-JOURNEY F, D Res # 07/138 $4,885 $5,806 NSTK ENGINEERING TECHNICIAN-SENIOR F, D Res # 07/138 $5,803 $7,070 N9SC HYDROGRAPHER $5,132 $6,238 NSTG SR ENGINEERING RECORDS TECH $4,694 $5,706 N9SD SR HYDROGRAPHER $5,977 $7,266 Salary Range July 12, 2016 Contra Costa County Board of Supervisors 485 Job Code Class Title Flex Staff (F) / Deep Class (D)From To X7HE EX CUSTOMER SVCS SUPERVISOR 4,932 6,298 XHHA ELIGIBILITY WORK SUPERVISOR I 5,129 6,550 XHS1 GENERAL ASSISTANCE HEAR REP-PR 5,387 6,548 XHSA GENERAL ASSISTANCE HEARING REP 5,387 6,548 XLHA SOC SVC WELF FRAUD INV SUPV 5,672 6,894 **XAHA SOC SVC FRAUD PREV SUPV 5,908 7,181 ** Safety Classifications Salary Range July 12, 2016 Contra Costa County Board of Supervisors 486 Job Code Class Title Flex Staff (F) / Deep Class (D)From To DATA ASSOC APPRAISER $6,027 $7,325 DAVA ASST APPRAISER F $5,053 $6,142 DAWA JUNIOR APPRAISER F $5,043 $5,560 Salary Range July 12, 2016 Contra Costa County Board of Supervisors 487 Job Code Class Title Flex Staff (F) / Deep Class (D)From To XQHI CALWIN HELP DESK SUPERVISOR $5,661 $6,881 XQHH CALWIN ON-SITE SUPPORT SUPERVI $5,528 $6,719 XQWD SOC SVC INFO SYST ANALYST F $5,308 $6,452 XQW7 SOC SVC INFO SYST ANALYST-PRJ F $5,308 $6,452 X4SH SOC SVC PROGRAM ANALYST $5,883 $7,151 X4S3 SOC SVC PROGRAM ANALYST-PRJ $5,883 $7,151 X4SK SOC SVC STAFF DEV SPECIALIST $5,883 $7,151 X4S4 SOC SVC STAFF DEV SPECIALIST-P $5,883 $7,151 XQVC SR SOC SVC INFO SYS ANALYST F $7,137 $7,868 XQV2 SR SOC SVS INFO SYS ANALYST-P $7,137 $7,868 Salary Range July 12, 2016 Contra Costa County Board of Supervisors 488 Job Code Class Title Flex Staff (F) / Deep Class (D)From To JDHD ACCOUNT CLERK SUPERVISOR $4,352 $5,557 JDHT FAM SUPT PAYMENT DISTR SUPVR $5,555 $5,555 JWHC SUPERVISING ASSESSMENT CLERK $4,109 $5,247 JWHF CLERICAL SUPERVISOR $4,141 $5,289 LTHA INFO SYS ASSISTANT SUPERVISOR $4,210 $5,117 NBHA ENGINEERING RECORDS TECH SUPV $4,584 $5,572 SMSA REVENUE COLLECTIONS ADM ASST $4,376 $5,319 SMTB COLLECTION ENFORCEMENT SUPV $4,846 $5,890 V9HE PATIENT FINANCIAL SVCS SUPVR $4,681 $5,689 VAHB AMBULATORY CARE CLIN COORD $4,992 $6,067 VCHC HEALTH SVCS APPT SYSTEM COORD $4,875 $5,925 VITA REGISTERED HEALTH INFO TECH $4,350 $5,287 Salary Range July 12, 2016 Contra Costa County Board of Supervisors 489 ATTACHMENT B AFSCME, Local 512 MEDICAL PLANS July 1, 2016 through June 30, 2019 Coverage Offered The County offers the following Plans: Contra Costa Health Plans (CCHP), Kaiser Permanente, Health Net Co-Pays and Co-Insurance The health plan Co-Pays and Co-Insurance are as follows: CCHP A: $0 Office Visit in the RMC Network $0 Preferred Generic RX $0 Preferred Brand RX $0 Non-Preferred Brand RX CCHP B: $0 Office Visit in the RMC Network $5 Office Visit in the CPN Network $3 Preferred Generic RX $3 Preferred Brand RX $3 Non-Preferred Brand RX KAISER PERMANENTE PLAN A: $10 Office Visit $10 Preferred Generic RX $20 Preferred Brand RX $20 Non-Preferred Brand RX $10 Emergency Room KAISER PERMANENTE PLAN B: $500 Deductible Per Person $1000 Deductible Per Family $20 Office Visit Copay (not subject to deductible) $20 Urgent Care Copay (not subject to deductible) $10 Lab & X-ray Copay (not subject to deductible) $10 Preferred Generic RX $30 Preferred Brand RX $30 Non-Preferred Brand RX 10% Co-Insurance After Deductible for Inpatient Hospital, Outpatient Surgical and Emergency Room $3000/Person and $6000/Family Annual Out of Pocket Maximum July 12, 2016 Contra Costa County Board of Supervisors 490 ATTACHMENT B KAISER PERMANENTE HDHP: $1500 Deductible Per Person $3000 Deductible Per Family 10% Office Visit Coinsurance (After Deductible) 10% Urgent Care Coinsurance (After Deductible) 10% Lab & X-Ray Coinsurance (After Deductible) $10 Generic Rx (After Deductible) $30 Brand-Name Rx (After Deductible) 10% Inpatient Hospitalization Coinsurance (After Deductible) 10% Outpatient Surgery & ER Coinsurance (After Deductible) $3000/Person and $6000/Family Annual Out of Pocket Maximum HEALTH NET HMO Plan A: $10 Office Visit $10 Preferred Generic RX $20 Preferred Brand RX $35 Non-Preferred Brand or Generic RX $25 Emergency Room Co-Pay HEALTH NET HMO Plan B: $20 Office Visit $50 Urgent Care Visit $1000 Inpatient Hospital Co-pay $500 Out-Patient Surgery Co-pay $100 Emergency Room Co-pay $10 Preferred Brand RX $20 Non-Preferred Brand RX $35 Non-Preferred Brand or Generic RX $2000/Person and $6000/Family Annual Out of Pocket Maximum HEALTH NET PPO Plan A: $10 Office Visit in network $5 Preferred Generic RX $5 Preferred Brand RX $5 Non-Preferred Brand or Generic RX $50 Emergency Room Co-Pay + 10% Co-Insurance (Co-Pay waived if admitted) July 12, 2016 Contra Costa County Board of Supervisors 491 ATTACHMENT B HEALTH NET PPO Plan B (*): $500 Deductible Per Person $1500 Deductible Per Family $20 Office Visit in network 80% / 20% For Most In-Network Benefits 60% / 40% For Most Out-of-Network Benefits $10 Preferred Generic RX $20 Preferred Brand RX $35 Non-Preferred Brand or Generic RX $100 Emergency Room Co-Pay + 20% Co-Insurance (Co-Pay waived if admitted) * This plan will be eliminated for all employees beginning January 1, 2018. July 12, 2016 Contra Costa County Board of Supervisors 492 PROJECT POSITIONS Professional and Technical Employees, AFSCME, Local 512, and the County have met and conferred in good faith regarding wages, hours and other terms and conditions of employment for employees in project classes which, except for the project designation, would be represented by Professional and Technical Employees, AFSCME, Local 512. For example, Engineering Technician I is represented by Professional and Technical Employees, therefore, it has been agreed that Engineering Technician I-Project will also be represented by Professional and Technical Employees, AFSCME, Local 512. Other project classes that are not readily identifiable as properly included in bargaining units represented by Professional and Technical Employees shall be assigned to bargaining units in accordance with the provisions of Section 34- 12.015 of Board Resolution 81/1165. The Union and the County understand that the meet and confer process with respect to the conditions of employment for project classifications is unique and, therefore, differs from other regular classes represented by Professional and Technical Employees in the following respects: 1.Project employees are not covered by the Merit System; 2.project employees may be separated from service at any time without regard to the provisions of this Memorandum of Understanding, without right of appeal or hearing or recourse to the grievance procedure specified herein; and 3.any provisions of this Memorandum of Understanding which pertains to layoff or seniority are not applicable to project employees. July 12, 2016 Contra Costa County Board of Supervisors 493 July 12, 2016 Contra Costa County Board of Supervisors 494 ATTACHMENT D July 12, 2016 Contra Costa County Board of Supervisors 495 ATTACHMENT D July 12, 2016 Contra Costa County Board of Supervisors 496 ATTACHMENT D July 12, 2016 Contra Costa County Board of Supervisors 497 ATTACHMENT D July 12, 2016 Contra Costa County Board of Supervisors 498 ATTACHMENT D July 12, 2016 Contra Costa County Board of Supervisors 499 ATTACHMENT D July 12, 2016 Contra Costa County Board of Supervisors 500 ATTACHMENT D July 12, 2016 Contra Costa County Board of Supervisors 501 ATTACHMENT D July 12, 2016 Contra Costa County Board of Supervisors 502 ATTACHMENT D July 12, 2016 Contra Costa County Board of Supervisors 503 ATTACHMENT E July 12, 2016 Contra Costa County Board of Supervisors 504 ATTACHMENT E July 12, 2016 Contra Costa County Board of Supervisors 505 ATTACHMENT E July 12, 2016 Contra Costa County Board of Supervisors 506 ATTACHMENT F 1 of 2July 12, 2016 Contra Costa County Board of Supervisors 507 ATTACHMENT F 1 of 2July 12, 2016 Contra Costa County Board of Supervisors 508 Special Pays for Permanent-Intermittent Employees All Employees Type of Pay (Pay Code) MOU Section Jury Duty-Scheduled Work Day (JRY) Sec. 19 Military Leave (MLX) Sec. 18.4 FLSA Overtime (OTF) None Sick Leave Hours Taken (SCK, SCK-2BS, SCK-2FS, SCK-2RS, SCK-CAT, SCK-FML) Sec. 43 Vacation Hours Taken (VAC, VAC-1, VAC-FML) Sec. 43 Shift Pay 5% (SH2) Sec. 10 Classification/Org Specific 1.Property Appraisers Unit Type of Pay (Pay Code) MOU Section Eligible Job Classification(s) Applicable Assigned Org (Org#) County Overtime (OPT) 7.1 2. Supervisory Clerical Unit Type of Pay (Pay Code) MOU Section Eligible Job Classification(s) Applicable Assigned Org (Org#) Detention Facility Assignment Pay 5% (HZS) 5.2 1. Martinez Detention Facility (2578) 2. West County Detention Facility (2580) 3. Marsh Creek Detention Facility (2585) 3. Engineering Technician Unit Type of Pay (Pay Code) MOU Section Eligible Job Classification(s) Applicable Assigned Org (Org#) County Overtime (OPT) 7.1 4.Social Service Staff Specialist Unit Type of Pay (Pay Code) MOU Section Eligible Job Classification(s) Applicable Assigned Org (Org#) On-Call (N13) 9 July 12, 2016 Contra Costa County Board of Supervisors 509 Special Pays for Temporary Employees All Employees Type of Pay (Pay Code) MOU Section FLSA Overtime (OTF) None Shift Pay 5% (SH2) Sec. 10 Classification/Org Specific 1.Property Appraisers Unit Type of Pay (Pay Code) MOU Section Eligible Job Classification(s) Applicable Assigned Org (Org#) County Overtime (OPT) 7.1 2.Engineering Technician Unit Type of Pay (Pay Code) MOU Section Eligible Job Classification(s) Applicable Assigned Org (Org#) County Overtime (OPT) 7.1 July 12, 2016 Contra Costa County Board of Supervisors 510 AFSCME, LOCAL 512 SUBJECT INDEX 4/10 Summer Schedule ................................................................................................. 94 Accrual During Leave Without Pay (Vacation and Paid Personal Leave) ..................... 37 Accrual During Leave Without Pay (Sick Leave) ........................................................... 44 Administration of Sick Leave ......................................................................................... 41 Adoption ........................................................................................................................ 99 Advance Notice ............................................................................................................... 8 Agency Shop ................................................................................................................... 4 Aggregate Use for Spouse ............................................................................................ 53 Americans With Disabilities Act (ADA) ............................................................................ 9 Anniversary Dates ......................................................................................................... 12 Assignment of Classes to Bargaining Units .................................................................... 8 Attendance at Meetings .................................................................................................. 9 Bid and Vacancy Distribution ........................................................................................ 88 Bilingual Pay ................................................................................................................. 79 Bridged Service Time .................................................................................................... 93 Building Supervisor/Management Differentials ............................................................. 17 Buyout of Differential ..................................................................................................... 91 Call-Back Time .............................................................................................................. 23 Catastrophic Leave Bank .............................................................................................. 45 Certification Rule ........................................................................................................... 12 Classification ................................................................................................................. 83 Coerced Resignations ................................................................................................... 71 Communicating With Employees .................................................................................... 7 Commuter Benefit Program .......................................................................................... 84 Compensation Complaints ............................................................................................ 78 Compensation for Portion of Month and & Permanent-Intermittent Compensation ...... 14 Competitive Examination .............................................................................................. 68 Computer Vision Care (CVC) Users Eye Examination .................................................. 83 Confidentiality of Information/Records .......................................................................... 45 Constructive Resignation .............................................................................................. 70 Continuing Differentials ................................................................................................. 91 Continuing Education Allowance ................................................................................... 93 Contribution (Retirement Contribution) .......................................................................... 80 Coverage During Absences .......................................................................................... 65 Credits To and Charges Against Sick Leave ................................................................. 38 CVC Users Eye Exam ................................................................................................... 83 Days and Hours of Work ............................................................................................... 19 Deferred Compensation Incentive ................................................................................. 96 Definition and Procedural Steps (Grievance Procedure) .............................................. 75 Definitions (Days and Hours of Work) ........................................................................... 19 Definitions (Leave of Absence) ..................................................................................... 53 July 12, 2016 Contra Costa County Board of Supervisors 511 Denial Review ............................................................................................................... 69 Dependent Care Assistance Program ........................................................................... 64 Detention Differential ..................................................................................................... 12 Disability ........................................................................................................................ 42 Disciplinary Actions ....................................................................................................... 85 Dismissal, Suspension, Temporary Reduction In Pay, and Demotion .......................... 72 Disputes Over Existence of Grievance .......................................................................... 79 Disqualification From Taking an Exam .......................................................................... 79 Dual Coverage .............................................................................................................. 63 Dues Deduction ............................................................................................................... 4 Duration of Agreement .................................................................................................. 99 Educational Incentive .................................................................................................... 94 Effective Resignation .................................................................................................... 71 Eligibility for Reemployment .......................................................................................... 71 Employee Annual Health Examination .......................................................................... 44 Engineering Technician Special Issues ......................................................................... 91 Engineering Technician Bidding Procedure .................................................................. 92 Entrance Salary ............................................................................................................. 12 Expedited Board of Adjustment (EBA), Step 5 .............................................................. 76 Fair Labor Standards Act Provisions ............................................................................ 22 Family Care Leave or Medical Leave ............................................................................ 52 Family Member Eligibility Criteria (Health, Life & Dental Care) ..................................... 62 Filing by Union .............................................................................................................. 79 Flex-Time ...................................................................................................................... 93 Flexible Work Week ...................................................................................................... 93 Furlough Days Without Pay .......................................................................................... 51 General Administration – Leaves of Absence ............................................................... 50 General Provisions (SDI) ............................................................................................... 46 General Wages ............................................................................................................. 11 Grievance Procedure .................................................................................................... 75 Grounds for Layoff ........................................................................................................ 25 Group Health Plan Coverage (Leave of Absence) ........................................................ 54 Hazard Pay ................................................................................................................... 93 Health Benefit Access for Employees Not Otherwise Covered ..................................... 65 Health Care Spending Account ..................................................................................... 64 Health, Life & Dental Care ............................................................................................ 57 Health Plan Coverages ................................................................................................. 57 Health Plan Coverages and Provisions ......................................................................... 61 Holidays ........................................................................................................................ 29 Holiday and Compensatory Time Provisions ................................................................ 34 Holidays and Personal Holiday Credit ........................................................................... 29 Holiday is Observed (NOT WORKED) .......................................................................... 30 Holiday is WORKED ..................................................................................................... 32 July 12, 2016 Contra Costa County Board of Supervisors 512 Increments Within Range .............................................................................................. 13 Intermittent Use of Leave (Leave of Absence) .............................................................. 52 Involuntary Reassignments ........................................................................................... 87 Jury Duty ....................................................................................................................... 56 Jury Duty and Witness Duty .......................................................................................... 56 Layoff During Probation ................................................................................................ 67 Leave of Absence ......................................................................................................... 50 Leave of Absence Replacement and Reinstatement .................................................... 55 Leave of Absence Return .............................................................................................. 55 Leave Pending Employee Response ........................................................................ 7740 Leave Without Pay ........................................................................................................ 50 Leave Without Pay – Use of Accruals ........................................................................... 54 Length of Service Definition for Service Awards and Vacation Accruals ....................... 88 Length of Suspension ................................................................................................... 74 Life Insurance Benefit Under Health and Dental Plans ................................................. 64 Long Term Disability ..................................................................................................... 95 Longevity Pay ................................................................................................................ 11 Maintenance of Membership ........................................................................................... 6 Meals ............................................................................................................................. 94 Meal Periods ................................................................................................................. 85 Medical Leave ............................................................................................................... 52 Medical Plan Cost-Sharing on and after January 1, 2016 ............................................. 63 Merit Board ................................................................................................................ 7479 Method of Integration (SDI) ........................................................................................... 47 Mileage .......................................................................................................................... 84 Mileage (Property Appraiser Unit Special Issues) ......................................................... 93 Military Leave (Leave of Absence) ................................................................................ 52 Monthly Premium Subsidy............................................................................................. 58 No Discrimination ............................................................................................................ 9 Non-Exclusivity .............................................................................................................. 56 Notice ............................................................................................................................ 28 On-Call Duty .................................................................................................................. 23 Open Exams ................................................................................................................. 68 Operation ...................................................................................................................... 45 Overtime ........................................................................................................................ 20 Overtime and Compensatory Time ............................................................................... 20 Overtime and Straight Time Compensatory Time ......................................................... 21 Paid Personal Leave ..................................................................................................... 95 Part-Time Compensation .............................................................................................. 13 Partial Month ................................................................................................................. 65 Pay for Work in Higher Classification ............................................................................ 15 Payment ........................................................................................................................ 18 Pay Off of Flexible Comp Time ..................................................................................... 34 July 12, 2016 Contra Costa County Board of Supervisors 513 Pay Warrant Errors ....................................................................................................... 18 P.E.O.P.L.E. .................................................................................................................... 8 Performance Evaluation ................................................................................................ 85 Permanent-Intermittent Employees ............................................................................... 34 Permanent-Intermittent Employee Special Pays and Benefits ...................................... 89 Permanent Part-Time Employee Benefits ..................................................................... 89 PERS Long Term Care ................................................................................................. 64 Personal Property Reimbursement ............................................................................... 82 Personnel Files ............................................................................................................. 86 Personnel Management Regulations .......................................................................... 100 Policies Governing the Use of Paid Sick Leave ............................................................ 38 Position Reclassification ............................................................................................... 14 Pregnancy Disability Leave ........................................................................................... 54 Premium Conversion Plan ............................................................................................ 65 Prevailing Section ......................................................................................................... 65 Probation Periods Over Six (6)/Nine (9) Months ............................................................ 66 Probation Department – 9/80 Work Schedule............................................................... 19 Probationary Period ...................................................................................................... 66 Procedures (SDI) .......................................................................................................... 47 Professional Development ............................................................................................ 95 Promotion ...................................................................................................................... 68 Promotion Policy ........................................................................................................... 68 Promotion Via Reclassification Without Examination .................................................... 68 Property Appraiser Unit Special Issues ......................................................................... 93 Prorated Accruals .......................................................................................................... 38 Preference (Vacation and Paid Personal Leave) .......................................................... 37 Prorated Accruals .......................................................................................................... 38 Purpose of Sick Leave .................................................................................................. 38 Rate Information............................................................................................................ 65 Reassignment of Laid Off Employees ........................................................................... 29 Reassignment of Work Location ................................................................................... 70 Reassignments ............................................................................................................. 87 Recognition (Union Representation of Temporary Employees) .................................... 89 Regular Appointment .................................................................................................... 67 Reimbursement ............................................................................................................. 82 Reimbursement for Meals ............................................................................................. 83 Reimbursement for Use of Personal Vehicle ................................................................ 84 Reinstatement From Family Care Medical Leave ......................................................... 55 Rejection During Probation ........................................................................................... 66 Rejection During Probation of Layoff Employee............................................................ 67 Release Time for Examinations .................................................................................... 69 Release Time for Training ............................................................................................. 10 Request for Reassignment ............................................................................................ 87 Requirements for Promotional Standing ....................................................................... 68 Resignation in Good Standing ...................................................................................... 70 Resignations ................................................................................................................. 70 Retirement Benefit (Non Safety) ................................................................................... 80 Retirement Benefit (Safety) ........................................................................................... 80 July 12, 2016 Contra Costa County Board of Supervisors 514 Retirement Contribution ................................................................................................ 80 Retirement Coverage .................................................................................................... 59 Revised Probation Period ............................................................................................. 66 Revocation .................................................................................................................... 71 Rotational Advisory Committee ..................................................................................... 91 Safety and Safety Equipment Reimbursement ............................................................. 83 Safety Employees Retirement ....................................................................................... 80 Safety Shoe & Safety Eyeglass Reimbursement .......................................................... 84 Salary on Involuntary Demotion .................................................................................... 15 Salary on Promotion ...................................................................................................... 15 Salary on Voluntary Demotion....................................................................................... 15 Salary Reallocation & Salary on Reallocation ............................................................... 14 Salary Review W hile on Leave of Absence .................................................................. 56 Scope of Arbitration Decisions and Expedited Board of Adjustment ............................. 78 Scope of Agreement ..................................................................................................... 99 Scope of Agreement and Separability of Provision ....................................................... 99 Seniority Credits ............................................................................................................ 68 Seniority, Workforce Reduction, Layoff & Reassignment ............................................. 24 Separability of Provisions .............................................................................................. 99 Separation Through Layoff ............................................................................................ 25 Service Awards ............................................................................................................. 86 Shift Differential ............................................................................................................. 23 Shop Stewards and Official Representatives .................................................................. 9 Sick Leave ..................................................................................................................... 38 Skelly Requirements ..................................................................................................... 73 Social Service Staff Specialists Unit.............................................................................. 88 Special Benefits ............................................................................................................ 95 Special Employment Lists ............................................................................................. 28 Special Studies/Projects/Adjustments ........................................................................... 94 Staggered Work Schedule ............................................................................................ 84 Standards Division Differential ...................................................................................... 24 State Disability Insurance (SDI) .................................................................................... 46 Straight Time Pay .......................................................................................................... 21 Strike/Work Stoppage ................................................................................................... 79 Sufficient Cause for Action ............................................................................................ 72 Summer Schedule (4/10) .............................................................................................. 94 Supplemental Life Insurance ......................................................................................... 64 Tactical Employment Team Program (TET) .................................................................. 25 Temporary Employee Special Pays .............................................................................. 91 Time Limits (Grievance Procedure) ............................................................................... 78 Time Reporting/Time Stamping .................................................................................... 20 Time Reporting and Pay Practices Waiver ................................................................... 20 Training Reimbursement ............................................................................................... 82 Transfer ......................................................................................................................... 69 Transfer (Salaries) ........................................................................................................ 16 Transfer Conditions ....................................................................................................... 69 Transfer List .................................................................................................................. 70 July 12, 2016 Contra Costa County Board of Supervisors 515 Transfer Policy .............................................................................................................. 69 Transfer Procedure ....................................................................................................... 69 Unauthorized Absence (Leave of Absence) .................................................................. 56 Unfair Labor Practice .................................................................................................... 88 Union Dues Form ............................................................................................................ 6 Union Notification (Grievance Procedure) ..................................................................... 78 Union Recognition ........................................................................................................... 4 Union Representation of Temporary Employees .......................................................... 89 Union Representative .................................................................................................... 10 Union Security ................................................................................................................. 4 Use of County Buildings .................................................................................................. 7 Vacation ........................................................................................................................ 35 Vacation Accrual Increases ........................................................................................... 36 Vacation Accrual Rates ................................................................................................. 35 Vacation Allowance ....................................................................................................... 35 Vacation Allowance for Separated Employees ............................................................. 37 Vacation and Paid Personal Leave ............................................................................... 35 Vacation Buy-Back Plan ................................................................................................ 95 Vacation Leave on Reemployment from a Layoff List ................................................... 35 Wages ........................................................................................................................... 11 Weingarten Rights......................................................................................................... 74 Withdrawal of Membership.............................................................................................. 6 Witness Duty ................................................................................................................. 57 Word Processing/CVC Differentials .............................................................................. 91 Workers’ Compensation ................................................................................................ 48 Workforce Reduction .................................................................................................... 24 Written Statement for New Employees ........................................................................... 8 July 12, 2016 Contra Costa County Board of Supervisors 516 July 12, 2016Contra Costa County Board of Supervisors517 RECOMMENDATION(S): ADOPT Resolution No. 2016/445, approving the side letter between Contra Costa County and AFSCME, Local 2700 to modify Section 5.1.A.3, General Wages and Section 49, Duration of Agreement, of the Memorandum of Understanding (MOU) between Contra Costa County and Local 2700. FISCAL IMPACT: The estimated cost of the contract extension is $1.0 million for FY 2016/17 for the additional 1% wage increase, $4.0 million for FY 2017/18, and $7.0 million for FY 2018/19. BACKGROUND: The County and AFSCME agree to modify Section 5.1.A.3, General Wages and Section 49, Duration of Agreement, of the Memorandum of Understanding (MOU) between Contra Costa County and Local 2700 as follows: Effective July 1, 2016, increase the base rate of pay for all classifications represented by the Union by a total of four percent (4%), instead of three percent (3%); a. Effective July 1, 2017, the base rate of pay for all classifications represented by the Union will be increased by three percent (3%); b. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/12/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I Supervisor Contact: Lisa Driscoll, County Finance Director (925) 335-1023 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 12, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Harjit S. Nahal, Assistant County Auditor, Lisa Lopez, Assistant Director of Human Resources, Ann Elliott, Employee Benefits Manager D. 9 To:Board of Supervisors From:David Twa, County Administrator Date:July 12, 2016 Contra Costa County Subject:Resolution No. 2016/445 AFSCME, Local 2700 Side Letter - Extension of Agreement and Wages July 12, 2016 Contra Costa County Board of Supervisors 518 BACKGROUND: (CONT'D) > Effective July 1, 2018, the base rate of pay for all classifications represented by the Union will be increased by three percent (3%); c. and Extend the existing contract term from June 30, 2017 to June 30, 2019.d. The terms of the Side Letter will be incorporated into the next MOU between the County and Local 2700. Except as specifically amended or excluded by the Side Letter, all other terms and conditions of the MOU between Contra Costa County and Local 2700 (July 1, 2013 – June 30, 2017) remain unchanged. CONSEQUENCE OF NEGATIVE ACTION: Contract will expire June 30, 2017. AGENDA ATTACHMENTS Resolution No. 2016/445 AFSCME 2700 Side Letter dated 6/27/16 MINUTES ATTACHMENTS Signed Resolution No. 2016/445 July 12, 2016 Contra Costa County Board of Supervisors 519 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 07/12/2016 by the following vote: AYE: Candace Andersen Mary N. Piepho Karen Mitchoff Federal D. Glover NO: ABSENT:John Gioia ABSTAIN: RECUSE: Resolution No. 2016/445 In The Matter Of: Approving the Side Letter between Contra Costa County and AFSCME, Local 2700 to amend the MOU by revising section 5.1 - General Wages and section 49 - Duration of Agreement. The Contra Costa County Board of Supervisors acting in its capacity as Governing Board of the County of Contra Costa and all districts of which it is the ex-officio governing Board RESOLVES THAT: Effective following approval of the Board of Supervisors, the attached Side Letter of Agreement dated June 27, 2016, between Contra Costa County and AFSCME, Local 2700, be ADOPTED. Contact: Lisa Driscoll, County Finance Director (925) 335-1023 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 12, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Harjit S. Nahal, Assistant County Auditor, Lisa Lopez, Assistant Director of Human Resources, Ann Elliott, Employee Benefits Manager 4 1 July 12, 2016 Contra Costa County Board of Supervisors 520 July 12, 2016Contra Costa County Board of Supervisors521 July 12, 2016Contra Costa County Board of Supervisors522 RECOMMENDATION(S): ADOPT Resolution No. 2016/447 approving the Side Letter between Contra Costa County and the Physicians’ and Dentists’ Organization of Contra Costa regarding health plan coverage. FISCAL IMPACT: The cost of the agreement will depend upon employee migration during the 2017 open enrollment period and future medical inflation rate increases. The agreement includes a sharing of medical inflation for the 2017 plan year and beyond. Because CCHP rates are expected to increase significantly in 2017 and over sixty-six percent of PDOCC members are currently enrolled in CCHP plans, it is expected that members will migrate towards less expensive health plans with lower employees cost shares. BACKGROUND: The County and the Physicians' and Dentists' Organization (PDOCC) of Contra Costa agree to modify Section 12 of the Memorandum of Understanding (MOU) between Contra Costa County and PDOCC. In summary the modifications include: Providing employees access to more affordable health plans for the 2017 plan year, Cost sharing in 2017 and beyond (50/50 share of medical plan increases) for active employees; APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/12/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I Supervisor Contact: Lisa Driscoll, County Finance Director (925) 335-1023 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 12, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Ann Elliott, Employee Benefits Manager, Lisa Lopez, Assistant Director of Human Resources, Harjit S. Nahal, Assistant County Auditor D.10 To:Board of Supervisors From:David Twa, County Administrator Date:July 12, 2016 Contra Costa County Subject:Resolution No. 2016/447 - Physicians' and Dentists' Organization of Contra Costa (PDOCC) Side Letter Health Plan July 12, 2016 Contra Costa County Board of Supervisors 523 BACKGROUND: (CONT'D) > Three tiered Employee, Employee +1 Dependent, Employee +2 or More Dependent plan structure; Mechanism to address medical plans that meet the criteria for a high cost employer-sponsored health plan that may be subject to an excise penalty (a.k.a. Cadillac Tax) under the federal Patient Protection and Affordable Care Act (“ACA”) (42 U.S.C. § 18081); Access to County health plans, for employees who are not otherwise eligible for health coverage by the County, who meet eligibility requirements to receive an offer of coverage from the County under the federal Patient Protection and Affordable Care Act (“ACA”) (42 U.S.C. § 18081) at employee expense; and Participation in the Joint Labor/Management Benefit Committee to 1) select a replacement medical or dental plan in the event that a plan is no longer available; 2) design a wellness program; 3) discuss future medical, dental, or vision plan design; or 4) assess the future impact of any excise tax pursuant to the federal Patient Protection and Affordable Care Act (“ACA”) (42 U.S.C. § 18081) on any high cost medical plans offered by the County. Except as specifically amended or excluded by the Side Letter, all other terms and conditions of the MOU between Contra Costa County and PDOCC (October 1, 2008 – October 31, 2016) remain unchanged. CONSEQUENCE OF NEGATIVE ACTION: PDOCC members will not have access to lower cost health plans and will remain in a two-tier system. AGENDA ATTACHMENTS Resolution No. 2016/447 PDOCC Side Letter dated 6/28/16 MINUTES ATTACHMENTS Signed Resolution No. 2016/447 July 12, 2016 Contra Costa County Board of Supervisors 524 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 07/12/2016 by the following vote: AYE: Candace Andersen Mary N. Piepho Karen Mitchoff Federal D. Glover NO: ABSENT:John Gioia ABSTAIN: RECUSE: Resolution No. 2016/447 In the Matter of: The Side Letter Agreement between the County of Contra Costa and the Physicians' and Dentists' Organization (PDOCC) of Contra Costa, amending Section 12 of the current Memorandum of Understanding to Modify Health Plan Coverage for active employees The Contra Costa County Board of Supervisors acting solely in its capacity as the governing board of the County of Contra Costa RESOLVES THAT: Effective August 1, 2016, the attached Side Letter of Agreement dated June 28, 2016, between the County of Contra Costa and the Physicians' and Dentists' Organization of Contra Costa, be ADOPTED. Contact: Lisa Driscoll, County Finance Director (925) 335-1023 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 12, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Ann Elliott, Employee Benefits Manager, Lisa Lopez, Assistant Director of Human Resources, Harjit S. Nahal, Assistant County Auditor 4 1 July 12, 2016 Contra Costa County Board of Supervisors 525 July 12, 2016Contra Costa County Board of Supervisors526 July 12, 2016Contra Costa County Board of Supervisors527 July 12, 2016Contra Costa County Board of Supervisors528 July 12, 2016Contra Costa County Board of Supervisors529 July 12, 2016Contra Costa County Board of Supervisors530 July 12, 2016Contra Costa County Board of Supervisors531 July 12, 2016Contra Costa County Board of Supervisors532 July 12, 2016Contra Costa County Board of Supervisors533 July 12, 2016Contra Costa County Board of Supervisors534 July 12, 2016Contra Costa County Board of Supervisors535 July 12, 2016Contra Costa County Board of Supervisors536 July 12, 2016Contra Costa County Board of Supervisors537 July 12, 2016Contra Costa County Board of Supervisors538 July 12, 2016Contra Costa County Board of Supervisors539 July 12, 2016Contra Costa County Board of Supervisors540 RECOMMENDATION(S): ADOPT Resolution No. 2016/448, which supersedes Resolution No. 2016/322, regarding compensation and benefits for the County Administrator, County Elected and Appointed Department Heads, Management, Exempt, and Unrepresented employees to reflect changes. FISCAL IMPACT: Except for the Probation manager change to longevity, the changes included are administrative and have no net fiscal impact. The change to Probation managers is an increase to qualifying individuals of up to 1.5% in longevity pay for twenty years of County of Contra Costa service. BACKGROUND: Historically, the wages and benefits granted by the County to its department heads, managers, and unrepresented employees have paralleled the wages and benefits negotiated by the County with its various labor organizations. The modifications described below modify and clarify the benefits for specified groups of unrepresented employees, and make technical non-substantive corrections and clarifications. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/12/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I Supervisor Contact: Lisa Driscoll, County Finance Director (925) 335-1023 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 12, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Ann Elliott, Employee Benefits Manager, Lisa Lopez, Assistant Director of Human Resources, Harjit S. Nahal, Assistant County Auditor, All County Departments (via County Administration) D.11 To:Board of Supervisors From:David Twa, County Administrator Date:July 12, 2016 Contra Costa County Subject:Revised Management Benefits Resolution No. 2016/448, which Supersedes Resolution No. 2016/322 July 12, 2016 Contra Costa County Board of Supervisors 541 BACKGROUND: (CONT'D) > The attached Management Benefits Resolution has been modified in the following ways: Section 16 has been amended to clarify that persons rehired on or after April 1, 2011 are ineligible to elect payment for vacation accruals. This is a clarification of existing practice. 1. New Section 43 Probation-Longevity Differential was added to provide an additional 1.5% longevity differential upon completion of twenty years of County services for certain classifications. This change more closely aligns the longevity benefit of Probation management employees with those of members of the Probation Peace Officers' Association of Contra Costa County. 2. Management Benefits Resolution Appendix I, Benefits for Unrepresented Temporary and Per Diem Employees, has been modified in the following way: 3. Section 2.10 Schedule has been revised to modify the number of hours that employees assigned to a classification listed in Exhibit G in unit BD-Management, Classified and Exempt Department Heads may work. CONSEQUENCE OF NEGATIVE ACTION: If the action is not approved, Probation managers who promote from the Probation Peace Officers' Association may lose longevity pay, making it more difficult to attract employees for promotion. Additionally, temporary department heads will be limited to twenty-five hours per week. AGENDA ATTACHMENTS Resolution No. 2016/448 Management Resolution No. 2016/448 MINUTES ATTACHMENTS Signed Resolution No. 2016/448 July 12, 2016 Contra Costa County Board of Supervisors 542 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 07/12/2016 by the following vote: AYE: Candace Andersen Mary N. Piepho Karen Mitchoff Federal D. Glover NO: ABSENT:John Gioia ABSTAIN: RECUSE: Resolution No. 2016/448 In The Matter Of: Benefits and Other Compensation for County Elected and Appointed Department Heads, Management, Exempt, and Unrepresented Employees for the Period from April 1, 2016 through June 30, 2017 and Until Further Order The Contra Costa County Board of Supervisors acting in its capacity as the governing board of the County of Contra Costa and the Board of Directors of the Contra Costa County Fire Protection District RESOLVES THAT: Effective upon adoption and continuing to June 30, 2017, and until further order of the Board, the Board adopts the attached program of compensation and benefits for County Elected and Appointed Department Heads, Management Employees, Exempt Employees, and Unrepresented Employees. Except for Resolution No. 2002/608 (excluding inconsistent provisions concerning the amount of employee contributions for retirement benefits), as amended, this Resolution supersedes all previous resolutions providing compensation and benefits for the employees listed herein, including but not limited to Resolution No. 2016/322. Unless expressly provided otherwise, this Resolution is subject to the provisions of resolutions providing general and pay equity salary adjustments, to the 1937 County Employees Retirement Act, and to the Public Employees Pension Reform Act. This Resolution is also subject to the Administrative Bulletins, the County Salary Regulations, and the County Personnel Management Regulations; however, to the extent this Resolution is inconsistent with any of these bulletins or regulations, the terms of this Resolution shall prevail. This Resolution does not authorize compensation and benefits for any employee who is represented by an employee organization with a Memorandum of Understanding. Management, Exempt, and Unrepresented employees include employees in Classified, Project, and Exempt classifications. Unless otherwise expressly provided, compensation and benefits under this Resolution are authorized only for permanent and project employees who work full-time or part-time, twenty (20) or more hours per week. The full text of this Resolution is attached. Also attached are the following exhibits and appendices: I. BENEFITS FOR MANAGEMENT, EXEMPT AND UNREPRESENTED EMPLOYEES are provided for those classes listed in Exhibit A. II. BENEFITS FOR MANAGEMENT AND EXEMPT EMPLOYEES are provided for those classes listed in Exhibit A, except for the classes listed in Exhibit B. III. BENEFITS FOR ELECTED AND APPOINTED DEPARTMENT HEADS are provided for those classes listed in Exhibit C. IV. SPECIAL BENEFITS FOR MANAGEMENT EMPLOYEES BY DEPARTMENT OR CLASS are provided as indicated in each section. V. DEPARTMENT HEADS AND THEIR CHIEF ASSISTANTS for purposes of Section 23 are listed in Exhibit D. VI. CALPERS HEALTH PLAN CLASSES for purposes of Section 2 are listed in Exhibit E. VII.BENEFITS FOR UNREPRESENTED TEMPORARY AND PER DIEM EMPLOYEES are provided in Appendix I and affected classifications are identified in Exhibits F and G. 4 1 July 12, 2016 Contra Costa County Board of Supervisors 543 Contact: Lisa Driscoll, County Finance Director (925) 335-1023 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 12, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Ann Elliott, Employee Benefits Manager, Lisa Lopez, Assistant Director of Human Resources, Harjit S. Nahal, Assistant County Auditor, All County Departments (via County Administration) July 12, 2016 Contra Costa County Board of Supervisors 544 July 12, 2016Contra Costa County Board of Supervisors545 July 12, 2016Contra Costa County Board of Supervisors546 Resolution No. 2016/448 i TABLE OF CONTENTS Resolution No. 2016/448 I. Benefits for Management, Exempt, and Unrepresented Employees 1. Leaves With and Without Pay 1.10 Holidays (list of holidays observed by the County) 1.11 Definitions 1.12 Holidays Observed 1.13 Holidays - Flexible, Alternate, 9/80, and 4/10 Work Schedules 1.14 Holidays Observed- Part-Time Employees 1.15 No Overtime Pay, Holiday Pay, or Comp Time 1.16 Personal Holiday Credit 1.17 Vacation 1.18 Sick Leave 1.19 Part-Time Employees 1.20 Family Care Leave 1.21 Leave Without Pay - Use of Accruals 1.22 Accrual Usage Reporting 2. Health, Dental, and Related Benefits 2.10 Application 2.A. Employees in Classifications Who Receive Health Care Coverage from County Plans 2.11 Health Plan Coverages 2.12 Monthly Premium Subsidy 2.12.1 Medical Plan Cost-Sharing On and After January 1, 2016 2.13 Retirement Coverage 2.14 Layoff and Other Loss of Coverage 2.15 Health Plan Coverages and Provisions 2.16 Family Member Eligibility Criteria 2.B. Employees in Classifications Who Receive Health Care Coverage from CalPERS 2.17 CalPERS Controls 2.18 Contra Costa Health Plan (CCHP) 2.19 CalPERS Health Plan Monthly Premium Subsidy 2.20 CalPERS Retirement Coverage 2.21 CalPERS Premium Payments 2.22 Dental Plan - CalPERS Participants July 12, 2016 Contra Costa County Board of Supervisors 547 Resolution No. 2016/448 ii 2.C. All Employees 2.23 Dual Coverage 2.24 Life Insurance Benefit Under Health and Dental Plans 2.25 Supplemental Life Insurance 2.26 Catastrophic Leave Bank 2.27 Health Care Spending Account 2.28 PERS Long-Term Care 2.29 Dependent Care Assistance Program 2.30 Premium Conversion Plan 2.31 Prevailing Section 2.32 Health Benefit Access for Employees Not Otherwise Covered 3. Personal Protective Equipment 3.10 Safety Shoes 3.11 Safety Eyeglasses 4. Mileage Reimbursement 5. Retirement Contributions 5.10 No County Subvention 5.11 414H2 Participation 6. New Retirement Plan 7. Training 7.10 Career Development Training Reimbursement 7.11 Management Development Policy 8. Bilingual Pay Differential 9. Higher Pay for Work in a Higher Classification 10. Workers’ Compensation and Continuing Pay 10.10 Waiting Period 10.11 Continuing Pay 10.12 Physician Visits 10.13 Labor Code §4850 Exclusion 11. Other Terms and Conditions of Employment 11.10 Overtime Exempt Exclusion 11.11 Overtime 11.12 Pay Limitations 11.13 Length of Service Credits July 12, 2016 Contra Costa County Board of Supervisors 548 Resolution No. 2016/448 iii 11.14 Mirror Classifications 11.15 Deep Classes 11.16 Administrative Provisions 11.17 Timestamp II. Benefits for Management and Exempt Employees 12. Management Longevity Pay 12.10 Ten Years of Service 12.11 Fifteen Years of Service 13. Deferred Compensation 14. Annual Management Administrative Leave 15. Management Life Insurance 16. Vacation Buy Back 17. Professional Development Reimbursement 18. Sick Leave Incentive Plan 19. Computer Vision Care (CVC) Users Eye Examination 20. Long-Term Disability Insurance III. Benefits for Elected and Appointed Department Heads 21. Executive Automobile Allowance 22. Executive Life Insurance 23. Executive Professional Development Reimbursement 24. Appointed Department Head 25. Elected Department Heads 26. Elected Department Head Benefits IV. Special Benefits for Management Employees by Department or Class 27. Accounting Certificate Differential 28. Animal Services Search Warrant July 12, 2016 Contra Costa County Board of Supervisors 549 Resolution No. 2016/448 iv 29. Animal Services Uniform Allowance 30. Attorney State Bar Dues and Professional Development Reimbursement 30.10 State Bar Dues Reimbursement 30.11 Professional Development Reimbursement 30.12 Law School Student Loan Reimbursement Program 30.13 Eligible Classes 31. Attorney Management Administrative Leave and Additional Longevity Pay 31.10 Attorney Management Administrative Leave 31.11 Additional Longevity Pay at 20 Years of County Service 31.12 Eligible Classes 32. Assessor Education Differential 33. Certified Elections/Registration Administrator Certification Differential 34. District Attorney Inspectors Longevity Differential 35. District Attorney Inspector P.O.S.T. 36. District Attorney Investigator - Safety Employees Retirement Tiers; Contribution Toward Cost of Enhanced Retirement Benefit 36.10 Safety Tier A 36.11 Safety PEPRA Tier 36.12 Employees with more than 30 years of Service 36.13 Eligible Classes 37. Engineer Continuing Education Allowance 38. Engineer Professional Development Reimbursement 39. Library Department Holidays 40. Health Services Department On Call Duty and Call Back Time 40.10 Eligible Classes 40.11 On Call Duty 40.12 Call Back Time 41. Reserved 42. Reserved 43. Probation- Longevity Differential July 12, 2016 Contra Costa County Board of Supervisors 550 Resolution No. 2016/448 v 43.10 Longevity Pay at 20 Years of County Service 43.11 Eligible Classes 44. Probation - Safety Employees Retirement Tiers 44.10 Safety Tier A 44.11 Safety PEPRA Tier 44.12 Eligible Classes 45. Real Property Agent Advanced Certificate Differential 46. Sheriff Sworn Management P.O.S.T. 47. Sheriff Continuing Education Allowance 48. Sheriff Emergency Services Standby Differential 49. Sheriff Law Enforcement Longevity Differential 49.10 15 Years of Sworn County Service 49.11 20 Years of Sworn County Service 50. Sheriff Uniform Allowance 51. Sheriff - Detention Division Meals 52. Sheriff - Safety Employees Retirement Tiers 52.10 Safety Tier A 52.11 Safety Tier C 52.12 Safety PEPRA Tier 52.13 Employees with more than 30 years of Service 52.14 Retirement Tier Elections 52.15 Eligible Classes 53. Safety Employees Retirement Tiers (Miscellaneous Safety Classifications) Benefit 53.10 Safety Tier A 53.11 Safety PEPRA Tier 53.12 Eligible Classes 54. Treasurer-Tax Collector Professional Development Differential 55. Executive Assistant to the County Administrator Differential 56. Countywide Accounting Differential V. Temporary and Per Diem Employees Excluded July 12, 2016 Contra Costa County Board of Supervisors 551 Resolution No. 2016/448 vi [end] July 12, 2016 Contra Costa County Board of Supervisors 552 Resolution No. 2016/448 1 I. BENEFITS FOR MANAGEMENT, EXEMPT, AND UNREPRESENTED EMPLOYEES 1. Leaves With and Without Pay 1.10 Holidays: The County will observe the following holidays during the term covered by this Resolution: New Year’s Day Labor Day Martin Luther King Jr. Day Veterans’ Day Presidents’ Day Thanksgiving Day Memorial Day Day after Thanksgiving Independence Day Christmas Day Such other days as the Board of Supervisors may designate by Resolution as holidays. Any holiday observed by the County that falls on a Saturday is observed on the preceding Friday and any holiday that falls on a Sunday is observed on the following Monday. For employees who work in twenty-four (24) hour facilities and who may be assigned to work on a holiday, any holiday that falls on a Saturday will be observed on a Saturday, and any holiday that falls on a Sunday will be observed on a Sunday. 1.11 Definitions: Regular Work Schedule: The regular work schedule is eight (8) hours per day, Monday through Friday, inclusive, for a total of forty (40) hours per week. Flexible Work Schedule: A flexible work schedule is any schedule that is not a regular, alternate, 9/80, or 4/10 work schedule and where the employee is not scheduled to work more than 40 hours in a “workweek” as defined below. Alternate Work Schedule: An alternate work schedule is any work schedule where the employee is regularly scheduled to work five (5) days per week, but the employee’s regularly scheduled days off are NOT Saturday and Sunday. 4/10 Work Schedule: A 4/10 work schedule is four (4) ten hour days in a seven (7) day period, for a total of forty (40) hours per week. 9/80 Work Schedule: A 9/80 work schedule is where an employee works a recurring schedule of thirty six (36) hours in one calendar week and forty four (44) hours in the next calendar week, but only forty (40) hours in the designated workweek. In the thirty six hour (36) calendar week, the employee works four (4) nine (9) hour days and has the same day of the July 12, 2016 Contra Costa County Board of Supervisors 553 Resolution No. 2016/448 2 week off that is worked for eight (8) hours in the forty four (44) hour calendar week. In the forty four (44) hour calendar week, the employee works four (4) nine (9) hour days and one eight (8) hour day. Requirements for the evaluation, authorization, and implementation of 9/80 work schedules are set forth in Administrative Bulletin 435. Workweek for Employees on Regular, Flexible, Alternate, and 4/10 Schedules: For employees on regular, flexible, alternate, and 4/10 schedules, the workweek begins at 12:01 a.m. on Monday and ends at 12 midnight on Sunday. For employees who work in a twenty-four (24) hour facility in the Contra Costa Regional Medical Center and who are not on a 9/80 work schedule, the workweek begins at 12:01 a.m. Sunday and ends at 12:00 midnight on Saturday. Workweek for Employees on a 9/80 Schedule: The 9/80 workweek begins on the same day of the week as the employee’s eight (8) hour work day and regularly scheduled 9/80 day off. The start time of the workweek is four (4) hours and one (1) minute after the start time of the eight (8) hour work day. The end time of the workweek is four (4) hours after the start time of the eight (8) hour work day. The result is a workweek that is a fixed and regularly recurring period of seven (7) consecutive twenty four (24) hour periods (168 hours). 1.12 Holidays Observed: Employees are entitled to observe a holiday (day off work), without a reduction in pay, whenever a holiday is observed by the County. 1.13 Holidays - Flexible, Alternate, 9/80, and 4/10 Work Schedules: When a holiday falls on the regularly scheduled day off of any employee who is on a flexible, alternate, 9/80, or 4/10 work schedule, the employee is entitled to take the day off, without a reduction in pay, in recognition of the holiday. These employees are entitled to request another day off in recognition of their regularly scheduled day off. The requested day off must be within the same month and workweek as the holiday and it must be pre-approved by the employee’s supervisor. If the day off is not approved by the supervisor, it is lost. If the approved day off is a nine (9) hour workday, the employee must use one (1) hour of non-sick-leave accruals. If the approved day off is a ten (10) hour workday, the employee must use two (2) hours of non-sick-leave accruals. If the employee does not have any non-sick-leave accrual balances, leave without pay (AWOP) will be authorized. 1.14 Holiday Observed - Part-Time Employees: When a holiday is observed by the County, each part-time employee is entitled to observe the holiday in the same ratio as his/her number of position hours bears to forty (40) hours, multiplied by 8 hours, without a reduction in pay. For example, a part-time employee whose position hours are 24 per week is entitled to 4.8 hours off work on a holiday (24/40 multiplied by 8=4.8). Hereafter, the number of hours July 12, 2016 Contra Costa County Board of Supervisors 554 Resolution No. 2016/448 3 produced by this calculation will be referred to as the “part-time employee’s holiday hours.” When the number of hours in a part-time employee’s scheduled work day that falls on a holiday (“scheduled work hours”) is less than the employee’s part- time employee’s holiday hours, the employee also is entitled to receive flexible pay at the rate of one (1.0) times his/her base rate of pay (not including differentials) for the difference between the employee’s scheduled work hours and the employee’s part-time employee’s holiday hours. When the number of hours in a part-time employee’s scheduled work day that falls on a holiday (scheduled work hours) is more than the employee’s part- time employee’s holiday hours, the employee must use non-sick leave accruals for the difference between the employee’s scheduled work hours and the employee’s part-time employee’s holiday hours. If the employee does not have any non-sick leave accrual balances, leave without pay (AWOP) will be authorized. 1.15 No Overtime Pay, Holiday Pay, or Comp Time: Unrepresented, management, and exempt employees are not entitled to receive overtime pay, holiday pay, overtime compensatory time, or holiday compensatory time. Employees who are unable or not permitted to observe a holiday (take the day off), are authorized to receive overtime pay ONLY IF the employee is on the Overtime Exempt Exclusion List (see Section 11). 1.16 Personal Holiday Credit: a. County Librarian. The County Librarian is entitled to accrue two (2) hours of personal holiday credit each month. The County Librarian may accrue no more than twenty four (24) hours of personal holiday credit. On separation from County service, the County Librarian will be paid for any unused personal holiday credit hours at his/her then current rate of pay, up to a maximum of twenty four (24) hours. b. Other Employees. Employees are entitled to accrue two (2) hours of personal holiday credit each month. This time is prorated for part time employees. No employee may accrue more than forty (40) hours of personal holiday credit. On separation from County service, employees are paid for any unused personal holiday credit hours at the employee’s then current rate of pay, up to a maximum of forty (40) hours. 1.17 Vacation: Employees are entitled to accrue paid vacation credit not to exceed the maximum cumulative hours as follows: July 12, 2016 Contra Costa County Board of Supervisors 555 Resolution No. 2016/448 4 Length of Service Monthly Accrual Hours Maximum Cumulative Hours Under 11 years 10 240 11 years 10-2/3 256 12 years 11-1/3 272 13 years 12 288 14 years 12-2/3 304 15 through 19 years 13-1/3 320 20 through 24 years 16-2/3 400 25 through 29 years 20 480 30 years and up 23-1/3 560 However, for the Director of Employment and Human Services (job code XAA2, County Welfare Director) only, the monthly accrual amount is 12 hours for the first 13 years of County service and the maximum cumulative hours is 240 for the first 11 years of County service. Thereafter, the Director is subject to the maximums set forth in the above chart. Each employee is eligible to accrue increased vacation hours on the first day of the month following the employee’s Service Award Date. An employee’s Service Award Date is the first day of his/her temporary, provisional, or permanent appointment to a position in the County. If an employee is first appointed to a temporary or provisional position and then later appointed to a permanent position, the Service Award Date for that employee is the date of the first day of the temporary or provisional appointment. 1.18 Sick Leave: Employees are entitled to accrue paid sick leave credit in accordance with the provisions of the County Salary Regulations and Administrative Bulletin No. 411.7 (Sick Leave Policy) adopted on October 17, 1997, as periodically amended. 1.19 Part-Time Employees: Part-time employees are entitled to accrue paid vacation and sick leave credit on a pro-rata basis. 1.20 Family Care Leave: The provisions of Section 1006.3 of the Personnel Management Regulations and Resolution No. 94/416, as amended, relating to Leaves of Absence and Family Care Medical Leave apply to all employees covered by this Resolution, except that such employees are not entitled to Family Care or Medical Leave on a calendar year basis. Instead, such employees are entitled to at least eighteen (18) weeks of leave in a “rolling” July 12, 2016 Contra Costa County Board of Supervisors 556 Resolution No. 2016/448 5 twelve (12) month period, which period is to be measured backward from the date the employee uses FMLA leave. 1.21 Leave Without Pay - Use of Accruals: The provisions of Section 1006.6 of the Personnel Management Regulations, as amended, relating to the use of accruals while on leave without pay, apply to all employees covered by this Resolution. 1.22 Accrual Usage Reporting. Employees must report the use of accruals in one minute increments. 2. Health, Dental, and Related Benefits 2.10 Application: a. Employees in classifications who receive health care coverage from County Plans: The following Sections apply to all employees in classifications covered by this Resolution who receive health care coverage from County Plans and do not receive health plan coverage through CalPERS: Section 2.11 “Health Plan Coverages,” Section 2.12, “Monthly Premium Subsidy,” Section 2.12.1 “Medical Plan Cost-Sharing on and after January 1, 2016,” Section 2.13 “Retirement Coverage,” Section 2.14 “Layoff and Other Loss of Coverage,” Section 2.15 “Health Plan Coverages and Provisions,” and Section 2.16 “Family Member Eligibility.” b. Employees in classifications who receive health care coverage from CalPERS: The following Sections apply to all employees in the classifications listed in Exhibit E: Section 2.17 “CalPERS Controls,” Section 2.18 “Contra Costa Health Plan (CCHP),” Section 2.19 “CalPERS Health Plan Monthly Premium Subsidy,” Section 2.20 “CalPERS Retirement Coverage,” Section 2.21 “CalPERS Premium Payments,” and Section 2.22 “Dental Plan - CalPERS Participants.” c. General provisions: The following Sections apply to all employees in all the classifications covered by this Resolution: Section 2.23 “ Dual Coverage,” Section 2.24 “Life Insurance Benefit Under Health and Dental Plans,” Section 2.25 “Supplemental Life Insurance,” Section 2.26 “Catastrophic Leave Bank,” Section 2.27 “Health Care Spending Account,” Sections 2.28 “PERS Long-Term Care,” Section 2.29 “Dependent Care Assistance Program,” Section 2.30 “Premium Conversion Plan,” and Section 2.31 “Prevailing Section,” Section 2.32 “Health Benefit Access for Employees Not Otherwise Covered.” July 12, 2016 Contra Costa County Board of Supervisors 557 Resolution No. 2016/448 6 2.A. Employees In Classifications Who Receive Health Care Coverage From County Plans 2.11 Health Plan Coverages: The County will provide the medical and dental coverage for Management, Exempt, and Unrepresented employees and for their eligible family members, expressed in one of the Medical Plan contracts and one of the Dental Plan contracts between the County and the following providers: a. Contra Costa Health Plans (CCHP) b. Kaiser Permanente Health Plan c. Health Net d. Delta Dental e. DeltaCare (PMI) Medical Plans: All employees will have access to the following medical plans: 1. CCHP Plan A & Plan B 2. Kaiser Permanente Plan A & Plan B 3. Health Net HMO Plan A & Plan B 4. Health Net PPO Plan A 5. Kaiser High Deductible Health Plan Health Net PPO Plan B will be eliminated for all employees beginning January 1, 2018. In the event that one of the medical plans listed above meets the criteria for a high cost employer-sponsored health plan that may be subject to an excise penalty (a.k.a. Cadillac Tax) under the federal Patient Protection and Affordable Care Act (“ACA”) (42 U.S.C. § 18081), such plan(s) will be eliminated for all employees beginning January 1, 2018. 2.12 Monthly Premium Subsidy: a. The monthly premium subsidy in effect on January 1, 2015, for each medical and/or dental plan, is a set dollar amount and is not a percentage of the premium charged by the plan. The County will pay the following monthly premium subsidy: July 12, 2016 Contra Costa County Board of Supervisors 558 Resolution No. 2016/448 7 b. If the County contracts with a medical or dental plan that is not listed above, the County will determine the monthly dollar premium subsidy that it will pay to that health plan for employees and their eligible family members. c. In the event that the County premium subsidy amounts are greater than one hundred percent (100%) of the applicable premium of any medical or dental plan, for any plan year, the County’s contribution will not exceed one hundred percent (100%) of the applicable plan premium. 2.12.1 Medical Plan Cost-Sharing on and after January 1, 2016: a. For the plan year that begins on January 1, 2016, the County will pay the monthly premium subsidy for medical plans stated in subsection 2.12., subsection (a) and adjust the amounts paid by the County so that the employee cost for the 2016 plan year does not increase and in recognition of the increases to the Employee Plus Two or More Dependents medical premiums caused by the shift to a three-tier structure. In total, the County will pay the following amounts for the 2016 plan year: Medical Plans Employee Employee +1 Dependent Employee +2 or More Dependents Contra Costa Health Plans (CCHP), Plan A $530.56 $1,049.81 $1,646.89 Contra Costa Health Plans (CCHP), Plan B $549.42 $1,068.65 $1,737.03 Kaiser Permanente Health Plan A $435.38 $803.96 $1,493.79 Kaiser Permanente Health Plan B $445.04 $881.68 $1,407.40 Health Net HMO Plan A $669.34 $1,131.34 $2,280.09 Health Net HMO Plan B $662.01 $1,280.20 $2,060.75 Health Net PPO Plan A $727.94 $1,112.03 $2,755.43 Health Net PPO Plan B $715.64 $1,144.40 $2,623.86 Kaiser High Deductible Health Plan $447.04 $916.72 $1,387.40 Health & Dental Plans Employee Employee +1 Dependent Employee +2 or More Dependents Contra Costa Health Plans (CCHP), Plan A $509.92 $1,214.90 $1,214.90 Contra Costa Health Plans (CCHP), Plan B $528.50 $1,255.79 $1,255.79 Kaiser Permanente Health Plans $478.91 $1,115.84 $1,115.84 Health Net HMO Plans $627.79 $1,540.02 $1,540.02 Health Net PPO Plans $604.60 $1,436.25 $1,436.25 Kaiser High Deductible Health Plan $478.91 $1,115.84 $1,115.84 Delta Dental with CCHP A or B $41.17 $93.00 $93.00 Delta Dental with Kaiser or Health Net $34.02 $76.77 $76.77 Delta Dental without a Health Plan $43.35 $97.81 $97.81 DeltaCare (PMI) with CCHP A or B $25.41 $54.91 $54.91 DeltaCare (PMI) with Kaiser or Health Net $21.31 $46.05 $46.05 DeltaCare (PMI) without a Health Plan $27.31 $59.03 $59.03 July 12, 2016 Contra Costa County Board of Supervisors 559 Resolution No. 2016/448 8 b. For the plan year that begins on January 1, 2017, and for the term of this agreement, if there is an increase in the monthly premium, including any plan premium penalty, charged by a medical plan, the County and the employee will each pay fifty percent (50%) of the monthly increase that is above the amount of the 2016 plan premium. The fifty percent (50%) share of the monthly medical plan increase paid by the County is in addition to the amounts paid by the County in subsection 2.12.1.a., above, for medical plans. c. 2016 Plan Premium Amounts: For purposes of calculating the County and Employee cost-sharing increases described in 2.12.1.b, above, the following are the 2016 total monthly medical plan premium amounts: Medical Plans Employee Employee +1 Dependent Employee +2 or More Dependents Contra Costa Health Plans (CCHP), Plan A $657.08 $1,314.15 $1,971.23 Contra Costa Health Plans (CCHP), Plan B $728.38 $1,456.77 $2,185.15 Kaiser Permanente Health Plan A $749.80 $1,499.60 $2,249.39 Kaiser Permanente Health Plan B $585.68 $1,171.36 $1,757.04 Health Net HMO Plan A $1,208.76 $2,417.52 $3,626.27 Health Net HMO Plan B $840.55 $1,681.10 $2,521.65 Health Net PPO Plan A $1,643.40 $3,286.80 $4,930.20 Health Net PPO Plan B $1,479.47 $2,958.94 $4,438.40 Kaiser High Deductible Health Plan $470.10 $940.21 $1,410.32 2.13 Retirement Coverage: a. Upon Retirement: 1. Upon retirement and for the term of this resolution, eligible employees and their eligible family members may remain in their County health/dental plan, but without County-paid life insurance coverage, if immediately before their proposed retirement the employees and dependents are either active subscribers to one of the County contracted health/dental plans or if while on authorized leave of absence without pay, they have retained continuous coverage during the leave period. The County will pay the health/dental plan monthly premium subsidies set forth in Section 2.12(a) for eligible retirees and their eligible family members. 2. Any person who becomes age 65 on or after January 1, 2009 and who is eligible for Medicare must immediately enroll in Medicare Parts A and B. 3. For employees hired on or after January 1, 2009 and their eligible family members, no monthly premium subsidy will be paid by the July 12, 2016 Contra Costa County Board of Supervisors 560 Resolution No. 2016/448 9 County for any health or dental plan after they separate from County employment. However, any such eligible employee who retires under the Contra Costa County Employees’ Retirement Association (“CCCERA”) may retain continuous coverage of a county health and/or dental plan provided that (I) he or she begins to receive a monthly retirement allowance from CCCERA within 120 days of separation from County employment and (ii) he or she pays the full premium cost under the health and/or dental plan without any County premium subsidy. This provision does not apply to any member of the Board of Supervisors who was a County employee when elected to the Board of Supervisors with a County employee hire date that is earlier than January 1, 2009. b. Employees Who File For Deferred Retirement: Employees, who resign and file for a deferred retirement and their eligible family members, may continue in their County group health and/or dental plan under the following conditions and limitations. 1. Health and dental coverage during the deferred retirement period is totally at the expense of the employee, without any County contributions. 2. Life insurance coverage is not included. 3. To continue health and dental coverage, the employee must: i. be qualified for a deferred retirement under the 1937 Retirement Act provisions; ii. be an active member of a County group health and/or dental plan at the time of filing their deferred retirement application and elect to continue plan benefits; iii. be eligible for a monthly allowance from the Retirement System and direct receipt of a monthly allowance within twenty-four (24) months of application for deferred retirement; and iv. file an election to defer retirement and to continue health benefits hereunder with the County Benefits Division within thirty (30) days before separation from County service. 4. Deferred retirees who elect continued health benefits hereunder and their eligible family members may maintain continuous membership in their County health and/or dental plan group during the period of deferred retirement by paying the full premium for health and dental coverage on or before the 10th of each month, to the Contra Costa County Auditor-Controller. When the deferred retirees begin to July 12, 2016 Contra Costa County Board of Supervisors 561 Resolution No. 2016/448 10 receive retirement benefits, they will qualify for the same health and/or dental coverage pursuant to subsection (a) above, as similarly situated retirees who did not defer retirement. 5. Deferred retirees may elect retiree health benefits hereunder without electing to maintain participation in their County health and/or dental plan during their deferred retirement period. When they begin to receive retirement benefits, they will qualify for the same health and/or dental coverage pursuant to subsection (a) above, as similarly situated retirees who did not defer retirement, provided reinstatement to a County group health and/or dental plan will only occur following a three (3) full calendar month waiting period after the month in which their retirement allowance commences. 6. Employees who elect deferred retirement will not be eligible in any event for County health and/or dental plan subvention unless the member draws a monthly retirement allowance within twenty-four (24) months after separation from County service. 7. Deferred retirees and their eligible family members are required to meet the same eligibility provisions for retiree health/dental coverage as similarly situated retirees who did not defer retirement. 8. This subpart b “Employees Who File for Deferred Retirement” does not apply to any employee in any classification listed in Exhibit E. c. Employees Hired After December 31, 2006 - Eligibility for Retiree Health Coverage: All employees hired after December 31, 2006 are eligible for retiree health/dental coverage pursuant to subsections (a) and (b), above, upon completion of fifteen (15) years of service as an employee of Contra Costa County. For purposes of retiree health eligibility, one year of service is defined as one thousand (1,000) hours worked within one anniversary year. The existing method of crediting service while an employee is on an approved leave of absence will continue for the duration of this Resolution. d. Subject to the provisions of Section 2.13, subparts (a), (b), and (c), and upon retirement and for the term of this resolution, the following employees (and their eligible family members) are eligible to receive a monthly premium subsidy for health and dental plans or are eligible to retain continuous coverage of such plans: County Elected and Appointed Department Heads, Management Employees, Exempt Employees, Unrepresented Employees, and each employee who retired from a position or classification that was unrepresented at the time of his or her retirement. e. For purposes of this Section 2.13 only, “eligible family members” does not July 12, 2016 Contra Costa County Board of Supervisors 562 Resolution No. 2016/448 11 include Survivors of employees or retirees. 2.14 Layoff and Other Loss of Coverage: a. If a husband and wife both work for the County and one (1) of them is laid off, the remaining employee, if eligible, will be allowed to enroll or transfer into the health and/or dental coverage combination of his/her choice. b. An eligible employee who loses medical or dental coverage through a spouse or partner not employed by the County will be allowed to enroll or transfer into the County health and/or dental plan of his/her choice within thirty (30) days of the date coverage is no longer afforded under the spouse’s plan. 2.15 Health Plan Coverages and Provisions: The following provisions are applicable to County Health and Dental Plan participation: a. Health, Dental and Life Participation by Other Employees: Permanent part-time employees working nineteen (19) hours per week or less and permanent-intermittent employees may participate in the County Health and/or Dental plans (with the associated life insurance benefit) at the employee’s full expense. b. Employee Contribution Deficiencies: The County’s contributions to the Health Plan and/or Dental Plan premiums are payable for any month in which the employee is paid. If an employee’s compensation in any month is not sufficient to pay the employee share of the premium, the employee must make up the difference by remitting the unpaid amount to the Auditor-Controller. The responsibility for this payment rests solely with the employee. c. Leave of Absence: The County will continue to pay the County shares of health and/or dental plan premiums for enrolled employees who are on an approved paid or unpaid leave of absence for a period of thirty (30) days or more provided the employee’s share of the premiums is paid by the employee. d. Coverage Upon Separation: An employee who separates from County employment is covered by his/her County health and/or dental plan through the last day of the month in which he/she separates. Employees who separate from County employment may continue group health and/or dental plan coverage to the extent provided by the COBRA laws and regulations. 2.16 Family Member Eligibility Criteria: The following persons may be enrolled as the eligible Family Members of a medical and/or dental plan Subscriber: July 12, 2016 Contra Costa County Board of Supervisors 563 Resolution No. 2016/448 12 A. Health Insurance 1. Eligible Dependents: a. Employee’s legal spouse b. Employee’s qualified domestic partner c. Employee’s child to age 26 d. Employee’s disabled child who is over age 26, unmarried, and incapable of sustaining employment due to a physical or mental disability that existed prior to the child attainment of age 19. 2. “Employee’s child” includes natural child, step-child, adopted child, child of a qualified domestic partner, and a child specified in a Qualified Medical Child Support Order (QMCSO) or similar court order. B. Dental Insurance 1. Eligible Dependents: a. Employee’s legal spouse b. Employee’s qualified domestic partner c. Employee’s unmarried child who is: (1) under age 19; or (2) Age 19 or above, but under age 24; and who i. Resides with the employee for more than 50% of the year, excluding time living at school; and ii. Receives at least 50% of support from employee; and iii. Is enrolled and attends school on a full-time basis, as defined by the school. d. Employee’s disabled child who is over age 19, unmarried, and incapable of sustaining employment due to a physical or mental disability that existed prior to the child’s attainment of age 19. 2. “Employee’s child” includes natural child, step-child, adopted child, child of a qualified domestic partner, and a child specified in a Qualified Medical Child Support Order (QMCSO) or similar court order. 2.B. Employees In Classifications Who Receive Health Care Coverage From CalPERS 2.17 CalPERS Controls: The CalPERS health care program, as regulated by the Public Employees’ Medical and Hospital Care Act (PEMHCA), regulations issued pursuant to PEMHCA, and the administration of PEMHCA by CalPERS, controls on all health plan issues for employees who receive health care coverage from CalPERS, including, but not limited to, eligibility, benefit plans, benefit levels, minimum premium subsidies, and costs. July 12, 2016 Contra Costa County Board of Supervisors 564 Resolution No. 2016/448 13 2.18 Contra Costa Health Plan (CCHP): Because CCHP has met the minimum standards required under PEMHCA and is approved as an alternative CalPERS plan option, employees and COBRA counterparts may elect to enroll in CCHP under the CalPERS plan rules and regulations. 2.19 CalPERS Health Plan Monthly Premium Subsidy: The County’s subsidy to the CalPERS monthly health plan premiums is as provided below. The employee must pay any CalPERS health plan premium costs that are greater than the County’s subsidies identified below. a. County Health Plan Premium Subsidy. Beginning on January 1, 2010, and for each calendar year thereafter, the amount of the County premium subsidy that is paid for employees and eligible family members is a set dollar amount and is not a percentage of the premium charged by the plan. The County will pay the CalPERS statutory minimum employer monthly health plan premium subsidy or the following monthly health plan premium subsidy, whichever is greater: Employee/Retiree/Survivor Only $472.57 Employee/Retiree/Survivor & One Dependent $945.13 Employee/Retiree/Survivor & Two or more Dependents $1228.67 b. In the event that the County health plan premium subsidy amounts are greater than one hundred percent (100%) of the applicable premium of any health plan, for any plan year, the County’s contribution will not exceed one hundred percent (100%) of the applicable health plan premium. 2.20 CalPERS Retirement Coverage: Government Code section 22892 applies to all employees in those classifications listed in Exhibit E. 2.21 CalPERS Premium Payments: Employee participation in any CalPERS health plan is contingent upon the employee authorizing payroll deduction by the County of the employee’s share of the premium cost. If an employee’s compensation in any month (including during a leave of absence) is not sufficient to pay the employee’s share of the premium, the employee must pay the difference to the Auditor-Controller. The responsibility for this payment rests solely with the employee. 2.22 Dental Plan - CalPERS Participants: a. Employees in the classifications listed in Exhibit E may participate in any available County Group Dental Plan. The County may change dental plan providers at any time during the term of this resolution. b. Dental Plan Monthly Premium Subsidy. On and after January 1, 2010, the provisions of Section 2.12 “Monthly Premium Subsidy,” relating to the July 12, 2016 Contra Costa County Board of Supervisors 565 Resolution No. 2016/448 14 County subsidies for dental coverage, apply to all classifications listed in Exhibit E. c. As to dental coverage only, the following Sections apply to all classifications listed in Exhibit E: Section 2.13 “Retirement Coverage,” Section 2.14 “Layoff and Other Loss of Coverage,” Section 2.15 “Health Plan Coverages and Provisions,” and Section 2.16 “Family Member Eligibility Criteria.” 2.C. All Employees 2.23 Dual Coverage: a. Each employee and retiree may be covered by only a single County health (or dental) plan, including a CalPERS plan. For example, a County employee may be covered under a single County health and/or dental plan as either the primary insured or the dependent of another County employee or retiree, but not as both the primary insured and the dependent of another County employee or retiree. b. All dependents, as defined in Section 2.16, Family Member Eligibility Criteria, may be covered by the health and/or dental plan of only one spouse or one domestic partner. For example, when both husband and wife are County employees, all of their eligible children may be covered as dependents of either the husband or the wife, but not both. c. For purposes of this Section 2.23 only, “County” includes the County of Contra Costa and all special districts governed by the Board of Supervisors, including but not limited to, the Contra Costa County Fire Protection District. 2.24 Life Insurance Benefit Under Health and Dental Plans: For employees who are enrolled in the County’s program of medical or dental coverage as either the primary or the dependent, term life insurance in the amount of ten thousand dollars ($10,000) will be provided by the County. 2.25 Supplemental Life Insurance: In addition to the life insurance benefits provided by this resolution, employees may subscribe voluntarily and at their own expense for supplemental life insurance. Employees may subscribe for an amount not to exceed five hundred thousand dollars ($500,000), of which one hundred thousand ($100,000) is a guaranteed issue, provided the election is made within the required enrollment periods. 2.26 Catastrophic Leave Bank: All employees are included in the Catastrophic Leave Bank and may designate a portion of accrued vacation, compensatory time, holiday compensatory time, or personal holiday credit to be deducted from the donor’s existing balances and credited to the bank or to a specific July 12, 2016 Contra Costa County Board of Supervisors 566 Resolution No. 2016/448 15 eligible employee. a. The County Human Resources Department operates a Catastrophic Leave Bank which is designed to assist any County employee who has exhausted all paid accruals due to a serious or catastrophic illness, injury, or condition of the employee or family member. The program establishes and maintains a Countywide bank wherein any employee who wishes to contribute may authorize that a portion of his/her accrued vacation, compensatory time, holiday compensatory time or personal holiday credit be deducted from those account(s) and credited to the Catastrophic Leave Bank. Employees may donate hours either to a specific eligible employee or to the bank. Upon approval, credits from the Catastrophic Leave Bank may be transferred to a requesting employee’s sick leave account so that employee may remain in paid status for a longer period of time, thus partially ameliorating the financial impact of the illness, injury or condition. Catastrophic illness or injury is defined as a critical medical condition, a long-term major physical impairment or disability that manifests itself during employment. b. The plan is administered under the direction of the Director of Human Resources. The Human Resources Department is responsible for receiving and recording all donations of accruals and for initiating transfer of credits from the Bank to the recipient’s sick leave account. Disbursement of accruals is subject to the approval of a six (6) member committee composed of three (3) members appointed by the County Administrator and three (3) members appointed by the majority representative employee organizations. The committee will meet once a month, if necessary, to consider all requests for credits and will make determinations as to the appropriateness of the request. The committee will determine the amount of accruals to be awarded for employees whose donations are non-specific. Consideration of all requests by the committee will be on an anonymous requester basis. c. Hours transferred from the Catastrophic Leave Bank to a recipient will be in the form of sick leave accruals and will be treated as regular sick leave accruals. d. To receive credits under this plan, an employee must have permanent status, have exhausted all time off accruals to a level below eight (8) hours total, have applied for a medical leave of absence, and have medical verification of need. e. Donations are irrevocable unless the donation to the eligible employee is denied. Donations may be made in hourly blocks with a minimum donation of not less than four (4) hours from balances in the vacation, holiday, personal holiday, compensatory time or holiday compensatory time accounts. Employees who elect to donate to a specific individual will July 12, 2016 Contra Costa County Board of Supervisors 567 Resolution No. 2016/448 16 have seventy-five percent (75%) of their donation credited to the individual and twenty-five percent (25%) credited to the Catastrophic Leave Bank. f. Time donated will be converted to a dollar value and the dollar value will be converted back to sick leave accruals at the recipient’s base hourly rate when disbursed. Credits will not be on a straight hour-for-hour basis. All computations will be on a standard 173.33 basis, except that employees on other than a forty (40) hour week will have hours prorated according to their status. g. Each recipient is limited to a total of one thousand forty (1040) hours or its equivalent per catastrophic event; each donor is limited to one hundred twenty (120) hours per calendar year. h. All appeals from either a donor or recipient will be resolved on a final basis by the Director of Human Resources. i. No employee has any entitlement to catastrophic leave benefits. The award of Catastrophic Leave is at the sole discretion of the committee, both as to amounts of benefits awarded and as to persons awarded benefits. Benefits may be denied, or awarded for less than six (6) months. The committee may limit benefits in accordance with available contributions and choose from among eligible applicants on an anonymous basis those who will receive benefits, except for hours donated to a specific employee. In the event a donation is made to a specific employee and the committee determines the employee does not meet the Catastrophic Leave Bank criteria, the donating employee may authorize the hours to be donated to the bank or returned to the donor’s account. j. Any unused hours transferred to a recipient will be returned to the Catastrophic Leave Bank. 2.27 Health Care Spending Account: After six (6) months of permanent employment, full time and part time (20/40 or greater) employees may elect to participate in a Health Care Spending Account (HCSA) Program designated to qualify for tax savings under Section 125 of the Internal Revenue Code, but such savings are not guaranteed. The HCSA Program allows employees to set aside a predetermined amount of money from their pay, before taxes, for health care expenses not reimbursed by any other health benefit plans. HCSA dollars may be expended on any eligible medical expenses allowed by Internal Revenue Code Section 125. Any unused balance is forfeited and cannot be recovered by the employee. 2.28 PERS Long-Term Care: The County will deduct and remit monthly premiums to the PERS Long-Term Care Administrator for employees who are eligible and voluntarily elect to purchase long-term care at their personal expense July 12, 2016 Contra Costa County Board of Supervisors 568 Resolution No. 2016/448 17 through the PERS Long-Term Care Program. 2.29 Dependent Care Assistance Program: The County will continue to offer the option of enrolling in a Dependent Care Assistance Program (DCAP) designed to qualify for tax savings under Section 129 of the Internal Revenue Code, but such savings are not guaranteed. The program allows employees to set aside up to five thousand dollars ($5,000) of annual salary (before taxes) per calendar year to pay for eligible dependent care (child and elder care) expenses. Any unused balance is forfeited and cannot be recovered by the employee. 2.30 Premium Conversion Plan: The County will continue to offer the Premium Conversion Plan (PCP) designed to qualify for tax savings under Section 125 of the Internal Revenue Code, but tax savings are not guaranteed. The program allows employees to use pre-tax dollars to pay health and dental premiums. 2.31 Prevailing Section: To the extent that any provision of this Section (Section 2. Health, Dental, and Related Benefits) is inconsistent with any provision of any other County enactment or policy, including but not limited to Administrative Bulletins, the Salary Regulations, the Personnel Management Regulations, or any other resolution or order of the Board of Supervisors, the provision(s) of this Section (Section 2. Health, Dental, and Related Benefits) will prevail. 2.32 Health Benefit Access for Employees Not Otherwise Covered: To access County health plans, an employee who is not otherwise eligible for health coverage by the County, must be eligible to receive an offer of coverage from the County under the federal Patient Protection and Affordable Care Act (“ACA”) (42 U.S.C. § 18081). Employees eligible to receive an offer of coverage (and qualified dependents), will be offered access to County health insurance plans. Employees will be responsible for the full premium cost of coverage. 3. Personal Protective Equipment: The County will reimburse employees for safety shoes and prescription safety eyeglasses in those Management, Exempt and Unrepresented classifications which the County Administrator has determined eligible for such reimbursement. 3.10 Safety Shoes. The County will reimburse eligible employees for the purchase and repair of safety shoes in an amount not to exceed two hundred seventy- five dollars ($275) for each two (2) year period beginning on January 1, 2002. There is no limit on the number of shoes or repairs allowed. 3.11 Safety Eyeglasses. The County will reimburse eligible Management, Exempt and Unrepresented employees for prescription safety eyeglasses which are approved by the County and are obtained from an establishment approved by the County. July 12, 2016 Contra Costa County Board of Supervisors 569 Resolution No. 2016/448 18 4. Mileage Reimbursement: The County will pay a mileage allowance for the use of personal vehicles on County business at the rate allowed by the Internal Revenue Service (IRS) as a tax deductible expense, adjusted to reflect changes in this rate on the date it becomes effective or the first of the month following announcement of the changed rate by the IRS, whichever is later. 5. Retirement Contributions: 5.10 No County Subvention. Effective on October 1, 2011, employees are responsible for the payment of one hundred percent (100%) of the employees’ basic retirement benefit contributions determined annually by the Board of Retirement of the Contra Costa County Employees’ Retirement Association without the County paying any part of the employees’ contribution. Employees are also responsible for the payment of the employees’ contributions to the retirement cost-of-living program as determined annually by the Board of Retirement without the County paying any part of the employees’ contributions. Except as provided in Section 36 (District Attorney Investigator - Safety Employees Retirement Tier) Section 44 (Probation - Safety Employees Retirement Tiers) and Section 53 (Safety Employees Retirement Tiers- Miscellaneous Safety Classifications), the County is responsible for one hundred percent (100%) of the employer’s retirement contributions determined annually by the Board of Retirement. 5.11 414H2 Participation. The County will continue to implement Section 414(h) (2) of the Internal Revenue Code which allows the County Auditor–Controller to reduce the gross monthly pay of employees by an amount equal to the employee’s total contribution to the County Retirement System before Federal and State income taxes are withheld, and forward that amount to the Retirement system. This program of deferred retirement contribution will be universal and non-voluntary as required by statute. 6. New Retirement Plan: A. PEPRA for Employees who become CCCERA Members on or after January 1, 2013. For employees who, under the California Public Employees Pension Reform Act of 2013 (PEPRA) (Chapters 296 and 297, Statutes of 2012), become New Members of the Contra Costa County Employees Retirement Association (CCCERA) on or after January 1, 2013, retirement benefits are governed by PEPRA. To the extent that this resolution conflicts with any provision of PEPRA, PEPRA governs. B. COLA. For employees hired by the County on and after January 1, 2014, who, under PEPRA, become New Members of CCCERA, the cost of living adjustment to the retirement allowance will not exceed two percent (2%) per year, and the cost of living adjustment will be banked. C. DISABILITY STANDARD. For employees, who under PEPRA, become New July 12, 2016 Contra Costa County Board of Supervisors 570 Resolution No. 2016/448 19 Members of CCCERA, the disability provisions are the same as the current Tier III disability provisions. D. This section 6 does not apply to employees who are safety members of the Contra Costa County Employees Retirement Association. 7. Training: 7.10 Career Development Training Reimbursement: All full-time employees (excluding attorney classes) are eligible for career development training reimbursement not to exceed seven hundred fifty dollars ($750) per fiscal year. The reimbursement of training expenses includes books and is governed by any Administrative Bulletins on Travel or Training. 7.11 Management Development Policy: Employees are authorized to attend professional training programs, seminars, and workshops, during normal work hours at the discretion of their Department Head, for the purpose of developing knowledge, skills, and abilities in the areas of supervision, management, and County policies and procedures. Up to thirty (30) hours of such training time is recommended annually. a. Departments are encouraged to provide for professional development training exceeding thirty (30) hours annually for people newly promoted to positions of direct supervision. b. To encourage personal and professional growth, the County provides reimbursement for certain expenses incurred by employees for job-related training (required training and career development training/education). Provision for eligibility and reimbursement is identified in Administrative Bulletin 112.9. c. The Department Head is responsible for authorization of individual professional development reimbursement requests. Reimbursement is through the regular demand process with demands being accompanied by proof of payment (copy of invoice or canceled check). 8. Bilingual Pay Differential: A monthly salary differential will be paid to incumbents of positions requiring bilingual proficiency as designated by the Appointing Authority and the Director of Human Resources. The differential will be prorated for employees working less than full time and/or on an unpaid leave of absence during any given month. The differential is one hundred dollars ($100.00) per month. Designation of positions for which bilingual proficiency is required is the sole prerogative of the County, and such designations may be amended or deleted at any time. 9. Higher Pay for Work in a Higher Classification: The County Salary Regulations notwithstanding, when an employee is required to work in a higher paid classification, the employee will receive the higher compensation for such work, July 12, 2016 Contra Costa County Board of Supervisors 571 Resolution No. 2016/448 20 pursuant to the County Salary Regulations, plus any differentials and incentives the employee would have received in his/her regular position. Unless the Board has by Resolution otherwise specified, the higher pay entitlement will begin on the completion of the 40th consecutive hour in the assignment, retroactive to the beginning of the second full day of work in the assignment. 10. Workers’ Compensation and Continuing Pay: For all accepted workers’ compensation claims filed with the County during calendar year 2007, employees will receive eighty percent (80%) of their regular monthly salary during any period of compensable temporary disability not to exceed one (1) year. For all accepted workers’ compensation claims filed with the County on or after January 1, 2008, employees will receive seventy five percent (75%) of their regular monthly salary during any period of compensable temporary disability not to exceed one (1) year. Pay based on accepted workers’ compensation claims filed before January 1, 2007, but after December 31, 1999, will be paid as provided in Resolution No. 2006/22. Pay based on accepted workers’ compensation claims filed before January 1, 2000, will be paid as provided in resolution No. 96/488. If workers’ compensation benefits become taxable income, the County will restore the former benefit level, one hundred percent (100%) of regular monthly salary. 10.10 Waiting Period: There is a three (3) calendar day waiting period before workers’ compensation benefits commence. If the injured worker loses any time on the date of injury, that day counts as day one (1) of the waiting period. If the injured worker does not lose time on the date of the injury, the waiting period is the first three (3) days following the date of the injury. The time the employee is scheduled to work during this waiting period will be charged to the employee’s sick leave and/or vacation accruals. In order to qualify for workers’ compensation the employee must be under the care of a physician. Temporary compensation is payable on the first three (3) days of disability when the injury necessitates hospitalization, or when the disability exceeds fourteen (14) days. 10.11 Continuing Pay: A permanent employee will receive the applicable percentage of regular monthly salary in lieu of workers’ compensation during any period of compensable temporary disability not to exceed one year. “Compensable temporary disability absence” for the purpose of this Section, is any absence due to work-connected disability which qualifies for temporary disability compensation under workers’ compensation law set forth in Division 4 of the California Labor Code. When any disability becomes medically permanent and stationary, the salary provided by this Section will terminate. No charge will be made against sick leave or vacation for these salary payments. Sick leave and vacation rights do not accrue for those periods during which continuing pay is received. Employees are entitled to a maximum of one (1) year of continuing pay benefits for any one injury or illness. July 12, 2016 Contra Costa County Board of Supervisors 572 Resolution No. 2016/448 21 Continuing pay begins at the same time that temporary workers’ compensation benefits commence and continues until either the member is declared medically permanent/stationary, or until one (1) year of continuing pay, whichever comes first, provided the employee remains in an active employed status. Continuing pay is automatically terminated on the date an employee is separated from County service by resignation, retirement, layoff, or the employee is no longer employed by the County. In these instances, employees will be paid workers’ compensation benefits as prescribed by workers’ compensation laws. All continuing pay must be cleared through the County Administrator’s Office, Risk Management Division. 10.12 Physician Visits: Whenever an employee who has been injured on the job and has returned to work is required by an attending physician to leave work for treatment during working hours, the employee is allowed time off, up to three (3) hours for such treatment, without loss of pay or benefits. Said visits are to be scheduled contiguous to either the beginning or end of the scheduled workday whenever possible. This provision applies only to injuries/illnesses that have been accepted by the County as work related. 10.13 Labor Code §4850 Exclusion: The foregoing provisions for workers’ compensation and continuing pay are inapplicable in the case of employees entitled to benefits under Labor Code Section 4850. 11. Other Terms and Conditions of Employment 11.10 Overtime Exempt Exclusion: Employees in unrepresented, management, and exempt classifications are overtime exempt and are not eligible for overtime pay, holiday pay, overtime compensatory time, or holiday compensatory time. Instead, these employees are awarded Annual Management Administrative Leave in recognition of the extra burden their job responsibilities may sometimes place on their work schedules. However, unrepresented, management, and exempt employees may be made eligible for overtime pay if their names are placed on the Overtime Exempt Exclusion List by the County Administrator’s Office. Employees on the Overtime Exempt Exclusion List are authorized to receive overtime pay, only. These employees are NOT eligible for holiday pay, overtime compensatory time, or holiday compensatory time. Employees on the Overtime Exempt Exclusion List are also NOT eligible for Annual Management Administrative Leave for the quarter they are on the Overtime Exempt Exclusion List. The policies and procedures for the Overtime Exempt Exclusion List are set forth in the County Administrator’s memo of November 6, 2002, as may be amended. Employees may be approved for placement on the Overtime Exempt Exclusion List if and when they are assigned to a special or temporary project or task that requires persistent, excess work hours, without relief from their regular job duties. Overtime pay will not be authorized as a means to address normal staffing or operational issues. July 12, 2016 Contra Costa County Board of Supervisors 573 Resolution No. 2016/448 22 11.11 Overtime: Employees on the Overtime Exempt Exclusion List will be compensated at one and one-half (1.5) times their base rate of pay (excluding differentials) for authorized work exceeding eight (8) hours in a day or forty (40) hours in a week. 11.12 Pay Limitations. Employees are not entitled to receive hazard pay, shift pay or County overtime pay (except as provided in this Section 11 Other Terms and Conditions of Employment), or on-call duty pay or call-back pay (except as provided in Section IV Special Benefits For Management Employees by Department of Class.) 11.13 Length of Service Credits: Length of service credit dates from the beginning of the last period of continuous County employment, including temporary, provisional and permanent status and absences on an approved leave of absence; except that when an employee separates from a permanent position in good standing and is subsequently re-employed in a permanent County position within two (2) years from the date of separation, the period of separation will be bridged. Under these circumstances, the service credits will include all credits accumulated at the time of separation but will not include the period of separation. The service credits of an employee are determined from employee status records maintained by the Human Resources Department. 11.14 Mirror Classifications: As determined in the sole discretion of the Director of Human Resources, employees in unrepresented job classifications that mirror Management, represented or unrepresented job classifications may receive the salary and fringe benefits that are received by employees in the mirror classification. 11.15 Deep Classes: No provision of this Resolution regarding terms and conditions of employment supersedes any provision of any Deep Class Resolution. 11.16 Administrative Provisions: The County Administrator may establish guidelines, bulletins or directives as necessary to further define or implement the provisions of this resolution. 11.17 Timestamp: Permanent Intermittent (hourly) employees must time stamp in and out as they begin their work shifts, finish their work shifts, and take meal periods. II. BENEFITS FOR MANAGEMENT AND EXEMPT EMPLOYEES Management and Exempt employees will receive the benefits set forth in Part I and also the following additional benefits: 12. Management Longevity Pay: 12.10 Ten Years of Service: July 12, 2016 Contra Costa County Board of Supervisors 574 Resolution No. 2016/448 23 a. Employees who have completed ten (10) years of service for the County are eligible to receive a two and one-half percent (2.5%) longevity differential effective on the first day of the month following the month in which the employee qualifies for the ten (10) year service award. b. Effective April 1, 2007, this section does not apply to members of the Board of Supervisors, except those members who earned this benefit while serving on the Board of Supervisors and were receiving this benefit as of March 31, 2007. c. Effective November 1, 2007, for employees who were employed by Contra Costa County, became employees of the Contra Costa Superior Court by operation of law, and thereafter are rehired by Contra Costa County in the classification of District Attorney Manager of Law Offices (JJGE), eligibility for this longevity differential will be determined by adding together all service time with Contra Costa County and all service time with the Contra Costa Superior Court. If this sum is more than ten (10) years, this longevity differential will only be paid prospectively from the date the employee is rehired by Contra Costa County. 12.11 Fifteen Years of Service: a. Employees who have completed fifteen (15) years of service for the County are eligible to receive an additional two and one-half percent (2.5%) longevity differential effective on the first day of the month following the month in which the employee qualifies for the fifteen (15) year service award. For employees who completed fifteen (15) years of service on or before January 1, 2007, this longevity differential will be paid prospectively only from January 1, 2007. b. This section does not apply to employees who are eligible to receive the District Attorney Inspectors Longevity Differential set forth in Section 34 or the Sheriff Law Enforcement Longevity Differential set forth in Section 49. c. Effective April 1, 2007, this section does not apply to members of the Board of Supervisors, except those members who earned this benefit while serving on the Board of Supervisors and were receiving this benefit as of March 31, 2007. d. Effective November 1, 2007, for employees who were employed by Contra Costa County, became employees of the Contra Costa Superior Court by operation of law, and thereafter are rehired by Contra Costa County in the classification of District Attorney Manager of Law Offices (JJGE), eligibility for this longevity differential will be determined by adding together all service time with Contra Costa County and all service time with the Contra Costa Superior Court. If this sum is more than fifteen (15) years, this longevity differential will only be paid prospectively from the July 12, 2016 Contra Costa County Board of Supervisors 575 Resolution No. 2016/448 24 date the employee is rehired by Contra Costa County. 13. Deferred Compensation: A. Deferred Compensation Incentive. The County will contribute eighty-five dollars ($85) per month to each employee who participates in the County’s Deferred Compensation Plan. To be eligible for this Deferred Compensation Incentive, the employee must contribute to the deferred compensation plan as indicated below. Employees with Current Monthly Salary of: Qualifying Base Contribution Amount Monthly Contribution Required to Maintain Incentive Program Eligibility $2,500 and below $2,501 – 3,334 $3,335 – 4,167 $4,168 – 5,000 $5,001 – 5,834 $5,835 – 6,667 $6,668 and above $250 $500 $750 $1,000 $1,500 $2,000 $2,500 $50 $50 $50 $50 $100 $100 $100 Employees who discontinue contributions or who contribute less than the required amount per month for a period of one (1) month or more will no longer be eligible for the eighty-five dollar ($85) Deferred Compensation Incentive. To reestablish eligibility, employees must again make a Base Contribution Amount as set forth above based on current monthly salary. Employees with a break in deferred compensation contributions either because of an approved medical leave or an approved financial hardship withdrawal will not be required to reestablish eligibility. Further, employees who lose eligibility due to displacement by layoff, but maintain contributions at the required level and are later employed in an eligible position, will not be required to reestablish eligibility. B. Special Benefit for Permanent Employees Hired on and after January 1, 2009. 1. Beginning on April 1, 2009 and for the term of this resolution, the County will contribute one hundred and fifty dollars ($150) per month to an employee’s account in the Contra Costa County Deferred Compensation Plan, or other tax-qualified savings program designated by the County, for employees who meet all of the following conditions: a. The employee must be hired by Contra Costa County on or after January 1, 2009. b. The employee must be appointed to a permanent position. The July 12, 2016 Contra Costa County Board of Supervisors 576 Resolution No. 2016/448 25 position may be either full time or part time, but if it is part time, it must be designated, at a minimum, as 20 hours per week. c. The employee must have been employed by Contra Costa County for at least 90 calendar days. d. The employee must contribute a minimum of twenty-five dollars ($25) per month to the Contra Costa County Deferred Compensation Plan, or other tax-qualified savings program designated by the County. e. The employee must complete and sign the required enrollment form(s) for his/her deferred compensation account and submit those forms to the Human Resources Department, Employee Benefits Services Unit. f. The employee may not exceed the annual maximum contribution amount allowable by the United States Internal Revenue Code. C. No Cross Crediting. The amounts contributed by the employee and the County pursuant to Subsection B do not count towards the “Qualifying Base Contribution Amount” or the “Monthly Contribution Required to Maintain Incentive Program Eligibility” in Subsection A. Similarly, the amounts contributed by the employee and the County pursuant to Subsection A do not count towards the employee’s $25 per month minimum contribution required by Subsection B. D. Maximum Annual Contribution. All of the employee and County contributions set forth in Subsections A and B will be added together to ensure that the annual maximum contribution to the employee’s deferred compensation account does not exceed the annual maximum contribution rate set forth in the United States Internal Revenue Code. E. Eligibility for Loan Program. All employees are eligible to apply for loans from the Contra Costa County Deferred Compensation Plan loan program established by the Board of Supervisors on June 26, 2012, by Resolution No. 2012/298. 14. Annual Management Administrative Leave: A. On January 1st of each year, all full-time unrepresented, management, and exempt employees in paid status will be credited with ninety four (94) hours of paid Management Administrative Leave. All Management Administrative Leave time is non-accruable and all balances will be zeroed out on December 31 of each year. B. Permanent part-time employees are eligible for Management Administrative Leave on a prorated basis, based upon their position hours. Permanent- intermittent employees are not eligible for Management Administrative Leave. July 12, 2016 Contra Costa County Board of Supervisors 577 Resolution No. 2016/448 26 C. Employees appointed (hired or promoted) to unrepresented, management, or exempt positions are eligible for Management Administrative Leave on the first day of the month following their appointment date and will receive Management Administrative Leave on a prorated basis for that first year. D. Unrepresented, management, and exempt employees on the Overtime Exempt Exclusion List are authorized to receive overtime pay; therefore, their Management Administrative Leave will be reduced by 25% each time the employee is on the List. The 25% reduction will be deducted from the employee’s current leave balance, but if there is no balance, it will be deducted from future awarded Annual Management Administrative Leave. This section does not apply to the unrepresented, management, and exempt attorneys of the Offices of the District Attorney, County Counsel, and Public Defender. (See Section 31.) 15. Management Life Insurance: Employees are covered at County expense by term life insurance in the amount of fifty seven thousand dollars ($57,000) in addition to the insurance provided in Section 2.24. 16. Vacation Buy Back: A. Employees Hired Before April 1, 2011: 1. Employees hired before April 1, 2011, in classifications other than those listed in subsection B (2) below, may elect payment of up to one-third (1/3) of their annual vacation accrual, subject to the following conditions: (1) the choice can be made only once every thirteen (13) months and there must be at least 12 full months between each election; (2) payment is based on an hourly rate determined by dividing the employee’s monthly salary by 173.33; and (3) the maximum number of vacation hours that may be paid in any one sale is one-third (1/3) of the annual accrual. 2. Lump Sum Payments. Where a lump-sum payment is made to employees as a retroactive general salary adjustment for a portion of a calendar year that is subsequent to the exercise by an employee of the vacation buy-back provision herein, that employee’s vacation buy-back will be adjusted to reflect the percentage difference in base pay rates upon which the lump-sum payment was computed, provided that the period covered by the lump-sum payment includes the effective date of the vacation buy-back. B. Employees Hired, Promoted or Rehired On and After April 1, 2011 and In Specified Classifications: 1. Employees hired, promoted or rehired on and after April 1, 2011, into any classification covered by this resolution are not eligible for the vacation buy-back benefit. However, any employee who was eligible for the July 12, 2016 Contra Costa County Board of Supervisors 578 Resolution No. 2016/448 27 vacation buy-back benefit before promoting into a classification (other than those specified in subsection 2 below) covered by this resolution will retain that benefit after promoting into a classification covered by this resolution. 2. Specified Classifications. Employees in the following classifications may not elect payment of their vacation accruals under any circumstances: CCRMC Chief Executive Officer- Exempt (VCB2) Chief Medical Officer - Exempt (VPS4) Chief Nursing Officer - Exempt (VWD2) County Librarian (3AAA) Medical Director (VCA2) 17. Professional Development Reimbursement: Employees (excluding Department Heads, their Chief Assistant(s), Engineering Managers, and all Attorney classes) are eligible for reimbursement of up to six hundred twenty-five dollars ($625) for each two (2) year period beginning on January 1, 1999, for memberships in professional organizations, subscriptions to professional publications, attendance fees at job- related professional development activities and purchase of job-related computer hardware and software (excludes automation connectivity, support, or subscription fees) from a standardized County-approved list or with Department Head approval, provided each employee complies with the provisions of the Computer Use and Security Policy adopted by the Board of Supervisors and the applicable manuals. In order to receive reimbursement, the employee must have been in an eligible classification when the expense was incurred. Each professional development reimbursement request must be approved by the Department Head and submitted through the regular demand process. Demands must be accompanied by proof of payment (copy of invoice or receipt). Certification regarding compliance with the County’s computer use and security policy may be required. Questions regarding the appropriateness of a request will be answered by the Office of the County Administrator. 18. Sick Leave Incentive Plan: Employees may be eligible for a payoff of a part of unused sick leave accruals at separation. This program is an incentive for employees to safeguard sick leave accruals as protection against wage loss due to time lost for injury or illness. Payoff must be approved by the Director of Human Resources, and is subject to the following conditions: A. The employee must have resigned in good standing. B. Payout is not available if the employee is eligible to retire. C. The balance of sick leave at resignation must be at least seventy percent (70%) of accruals earned in the preceding continuous period of employment excluding any sick leave use covered by the Family and Medical Leave Act, July 12, 2016 Contra Costa County Board of Supervisors 579 Resolution No. 2016/448 28 the California Family Rights Act, or the California Pregnancy Disability Act. D. Payout is by the following schedule: Years of Payment Continuous Service Payment of Unused Sick Leave Payable 3 – 5 years 5 – 7 years 7 plus years 30% 40% 50% E. No payoff will be made pursuant to this section unless the Contra Costa County Employees’ Retirement Association has certified that an employee requesting a sick leave payoff has terminated membership in, and has withdrawn his or her contributions from, the Retirement Association. F. It is the intent of the Board of Supervisors that payments made pursuant to this section are in lieu of County retirement benefits resulting from employment by this County or by Districts governed by this Board. 19. Computer Vision Care (CVC) Users Eye Examination: Employees are eligible to receive an annual eye examination on County time and at County expense provided that the employee regularly uses a video display terminal at least an average of two (2) hours per day as certified by their department. Employees certified for examination under this program must make their request through the Benefits Service Unit of the County Human Resources Department. Should prescription CVC eyeglasses be prescribed for the employee following the examination, the County agrees to provide, at no cost, basic CVC eye wear consisting of a fifty dollar ($50) frame and single, bifocal or trifocal lenses. Employees may, through individual arrangement between the employee and the employees’ doctor and solely at the employee’s expense, include blended lenses and other care, services or materials not covered by the Plan. 20. Long-Term Disability Insurance: The County will continue in force the Long-Term Disability Insurance program with a replacement limit of eighty-five (85%) of total monthly base earnings reduced by any deductible benefits. III. BENEFITS FOR ELECTED AND APPOINTED DEPARTMENT HEADS Department Heads will receive the benefits set forth in Part I and Part II and the following additional benefits: 21. Executive Automobile Allowance: A. Elected Department Heads The below-listed elected Department Heads are eligible to receive a $600 per July 12, 2016 Contra Costa County Board of Supervisors 580 Resolution No. 2016/448 29 month automobile allowance plus mileage for miles driven outside Contra Costa County at the rate per mile allowed by the Internal Revenue Service (IRS) as a deductible expense. Receipt of this automobile allowance means that the elected Department Head must use a private automobile for County business. Assessor (DAA1) Auditor–Controller (SAA1) Clerk–Recorder (ALA1) District Attorney (2KA1) Treasurer–Tax Collector (S5A1) The Sheriff-Coroner (6XA1) is eligible to receive a $500 per month automobile allowance plus mileage for miles driven inside and outside of Contra Costa County at the rate per mile allowed by the Internal Revenue Service (IRS) as a deductible expense. Receipt of this automobile allowance means that the Sheriff-Coroner must use a private automobile for County business. B. Appointed Department Heads appointed prior to February 1, 2012 The below-listed Department Heads who were appointed to their positions prior to February 1, 2012 are eligible to receive a $600 per month automobile allowance plus mileage for miles driven outside Contra Costa County at the rate per mile allowed by the Internal Revenue Service (IRS) as a deductible expense. Receipt of this automobile allowance means that the appointed Department Head must use a private automobile for County business. County Administrator (ADA2) Chief Assistant County Administrator (ADB1) County Counsel (2EA1) County Probation Officer (7AA1) Director of Animal Services (BJA1) Director of Child Support Services (SMA1) Director of Conservation and Development (4AA1) Director of Health Services (VCA1) Director of Information Technology (LTA1) Public Defender (25A1) Public Works Director (NAA1) C. Appointed Department Heads appointed on and after February 1, 2012 Every appointed Department Head is ineligible to receive an automobile allowance. D. Temporary Loss of Vehicle July 12, 2016 Contra Costa County Board of Supervisors 581 Resolution No. 2016/448 30 If use of a County vehicle is temporarily required as the result of an emergency, such as an accident or mechanical failure to the recipient’s personal automobile, a County vehicle may be used if approved by the County Administrator or his/her designee. The user’s department will be charged for the costs of the temporary use of the County vehicle. Further, the user of the County vehicle will not receive his/her automobile allowance while using the County vehicle. 22. Executive Life Insurance: In lieu of the insurance provided under Section 15, Department Heads are covered at County expense by term life insurance in the amount of sixty thousand dollars ($60,000) additional to the insurance provided under Section 2.24. 23. Executive Professional Development Reimbursement: Department Heads and those chief assistants listed in Exhibit D (excluding Attorney classes) are eligible for reimbursement of up to nine hundred twenty-five dollars ($925) for each two (2) year period beginning January 1, 1999 for memberships in professional organizations, subscriptions to professional organizations, subscriptions to professional publications, attendance fees at job-related professional development activities, and purchase of job-related computer hardware and software, such as blackberries, iPhones, and treos (excluding automation connectivity, support, or subscription fees) from a standardized County-approved list or with Department Head approval, provided each employee complies with the provisions of the Computer Use and Security Policy adopted by the Board of Supervisors and the applicable manuals. In order to receive reimbursement, the employee must have been in an eligible classification when the expense was incurred. Each executive professional development reimbursement request must be approved by the Department Head and submitted through the regular demand process. Demands must be accompanied by proof of payment (copy of invoice or receipt). Certification regarding compliance with the County’s computer use and security policy may be required. Questions regarding the appropriateness of a request will be determined by the Office of the County Administrator. 24. Appointed Department Heads: The Appointed Department Heads are the Agricultural Commissioner/Director of Weights and Measures, Chief Assistant County Administrator, County Counsel, County Finance Director, County Librarian, County Probation Officer, County Veteran’s Services Officer, Director of Employment and Human Services, Director of Animal Services, Director of Child Support Services, Director of Conservation and Development, Director of Health Services, Director of Human Resources, Director of Information Technology, Public Defender, and the Public Works Director. (The Fire Chief of the Contra Costa County Fire Protection District is also an appointed Department Head, but the benefits for the Fire Chief are set forth in a separate Fire Management Resolution.) 25. Elected Department Heads: The Elected Department Heads are the Assessor, Auditor–Controller, Clerk–Recorder, District Attorney, Sheriff–Coroner, and July 12, 2016 Contra Costa County Board of Supervisors 582 Resolution No. 2016/448 31 Treasurer–Tax Collector. 26. Elected Department Head Benefits: Elected Department Heads will receive only the following benefits under Parts I, II, and III, together with such benefits as may be authorized under Part IV: A. All Elected Department Heads will receive the benefits set forth in Part I, Sections 5, 6, 7, 8, 10, and 11.12. B. Elected Department Heads will receive the benefits set forth in Part I, Section 2 in accordance with the following: 1. Those Elected Department Heads who were County employees when elected to County office with a County employee hire date that is earlier than January 1, 2009, will receive the benefits set forth in Part I, Section 2, except the provisions set forth in Section 2.13 (a) (3) do not apply. 2. Those Elected Department Heads who were County employees when elected to County office with a County employee hire date that is on or after January 1, 2009, will receive all of the benefits set forth in Part I, Section 2. 3. Those Elected Department Heads who were not County employees when elected to County office will receive all of the benefits set forth in Part I, Section 2. C. All Elected Department Heads will receive the benefits set forth in Part II, Sections 13 and 20. D. Elected Department Heads will not receive the benefits set forth in Part II, Section 12. Elected Department Heads who are in their elected office and receiving longevity pay as of October 1, 2010 are eligible for the following benefit: 1. A five percent (5%) longevity differential upon the completion of ten years of service effective on the first day of the month following the month in which the official qualifies for the ten (10) year service award. 2. An additional two and one half (2.5%) longevity differential upon the completion of fifteen (15) years of service effective on the first day of the month following the month in which the official qualifies for the fifteen (15) year service award. E. As compensation for not accruing paid vacation credit, in addition to the benefits of Part II, Section 13, twelve thousand dollars ($12,000) as a deferred compensation contribution will be added to the elected department head’s deferred compensation account effective July 1 of each year July 12, 2016 Contra Costa County Board of Supervisors 583 Resolution No. 2016/448 32 (commencing July 1, 2007). If after July 1, but prior to June 30 of the next succeeding year, for any reason, the elected department head’s occupancy of office terminates and/or expires, the elected department head is entitled to an additional deferred compensation account contribution prorated from July 1 to include the time period the elected department head served prior to the next June 30. Further, if, for any reason, all or part of such deferred compensation cannot be paid into a deferred compensation account the elected department head is entitled to an equivalent lump-sum payment. None of the County’s twelve thousand dollar ($12,000) contribution may be used to establish eligibility and qualification to receive the additional eighty-five dollars ($85) monthly Deferred Compensation Incentive contribution otherwise provided by the County. F. All Elected Department Heads will receive the benefits set forth in Part III, Sections 21, 22, and 23. G. A County employee who becomes a County elected official may receive payment for unused vacation accruals only at the rate of pay that the elected official last earned as a County employee. The elected official may not be paid for unused vacation accruals at the rate of pay earned as an elected official. H. Only the Board of Supervisors is authorized to prescribe the compensation of County elected officials pursuant to Government Code section 25300. IV. SPECIAL BENEFITS FOR MANAGEMENT EMPLOYEES BY DEPARTMENT OR CLASS 27. Accounting Certificate Differential: Incumbents of Management professional accounting, auditing or fiscal officer positions who possess one of the following certifications in good standing will receive a differential of five percent (5%) of base monthly salary: (1) A valid Certified Public Accountant (CPA) license issued by the State of California, Department of Consumer Affairs, Board of Accountancy; (2) a Certified Internal Auditor (CIA) certification issued by the Institute of Internal Auditors; (3) a Certified Management Accountant (CMA) certification issued by the Institute of Management Accountants; or (4) a Certified Government Financial Manager (CGFM) certification issued by the Association of Government Accountants. 28. Animal Services Search Warrant: Employees in the management class of Deputy Director of Animal Services (BJD1) will be compensated for time spent in assisting law enforcement agencies in the serving of search warrants. The amount of special compensation per incident is one hundred dollars ($100) and it will continue to be equal to that paid to Animal Services Officers for performing this duty. Only employees involved in actual entry team activities will be so compensated. The department continues to retain the sole right to select and assign personnel to such search warrant duty. July 12, 2016 Contra Costa County Board of Supervisors 584 Resolution No. 2016/448 33 29. Animal Services Uniform Allowance: The uniform allowance for employees in the management class of Deputy Director of Animal Services (BJD1) is eight hundred dollars ($800) effective July 1, 2001, payable one-twelfth (1/12) of the yearly total in monthly pay warrants. Any other increase in the Uniform Allowance, which may be granted to Animal Services Officers while this Resolution is in effect, is granted to the Animal Services Management classes. 30. Attorney State Bar Dues and Professional Development Reimbursement: 30.10 State Bar Dues Reimbursement. The County will reimburse employees in the classes set forth below for California State Bar Membership dues (but not penalty fees) and, if annually approved in advance by the Department Head, fees for criminal and/or civil specialization. 30.11 Professional Development Reimbursement. The County will reimburse employees in the classes listed in Section 30.12 up to a maximum of seven hundred dollars ($700) each fiscal year for the following types of expenses: A. Purchase of job-related computer hardware and software. B. Membership dues in legal professional associations. C. Purchase of legal publications. D. Training and travel costs for job-related educational courses. E. Legal on-line computer services. Any unused accrual may be carried forward to the next fiscal year up to a maximum of eight hundred dollars ($800). 30.12 Law School Student Loan Reimbursement Program A. Eligibility: 1. Only Employees in the classes listed in Section 30.13, excluding County Counsel (2EA1), District Attorney (2KA1), and Public Defender (25A1), are eligible. Payments will only be made to employees in paid status as of July 2015, and thereafter. 2. Temporary employees are not eligible for payments. Time served as a temporary employee does not count towards eligibility for payments. B. Qualifying amount and terms: The employee must satisfy all of the following criteria to be eligible for any payments through this Law School Student Loan Reimbursement Program. 1. First Payment: The employee must have been hired into one of the listed classes and have worked in one or more of those classes for at least three (3) consecutive years from date of hire to be eligible for the July 12, 2016 Contra Costa County Board of Supervisors 585 Resolution No. 2016/448 34 first payment. After completion of the third consecutive year of employment in one or more of those classes, the employee may receive $2,000 for purposes of reimbursement for law school student loan payments. 2. Second Payment: For an employee who entered County service in one of the listed classes, the employee must work in one or more of those classes during the fourth year of employment from date of hire to be eligible for the second payment. After completion of four (4) years of employment with the County in one or more of those classes, the employee may receive an additional $3,000 for purposes of reimbursement for law school loan payments. 3. Third Payment: For an employee who entered County service in one of the listed classes, the employee must work in one or more of those classes during the fifth year of employment from date of hire to be eligible for the third payment. After completion of five (5) years of employment with the County in one or more of those classes, the employee may receive an additional $4,000 for purposes of reimbursement for law school loan payments. 4. For each requested payment: The employee must submit a request for reimbursement on the County’s law school loan reimbursement form and attach documentation that establishes to the satisfaction of the department the existence of an outstanding law school student loan to the employee from an educational entity, government entity, or commercial lending institution and the annual payment record for the law school student loan during the preceding twelve months showing payments made by the employee. Employees may not request more than one payment per year, and there must be at least twelve (12) full months between each request for payment. 5. This program is not available to employees who paid off their law school student loans prior to July 1, 2015, to those employees who did not incur law school student loans from an educational entity, government entity, or commercial lending institution, or to participating employees once they have paid off their law school student loans. 6. The law school student loan reimbursement payments will not exceed $2,000 for the first payment, $3,000 for the second payment, and $4,000 for the third payment. No employee may receive more than a total maximum lifetime reimbursement of $9,000. 7. The law school student loan reimbursement payments are subject to applicable state and federal withholding, if any. 8. The terms and conditions of this law school student loan reimbursement program are subject to procedures approved by the July 12, 2016 Contra Costa County Board of Supervisors 586 Resolution No. 2016/448 35 County Auditor-Controller’s Office. 30.13 Eligible Classes. This section applies only to the following classifications: Assistant County Counsel-Exempt (2ED1) Assistant District Attorney-Exempt (2KD3) Assistant Public Defender-Exempt (25D2) Chief Asst. County Counsel-Exempt (2ED2) Chief Asst. Deputy District Atty-Exempt (2KD2) Chief Assistant Public Defender-Exempt (25D1) Chief Trial Deputy Public Defender (25DB) Civil Litigation Attorney-Advanced (2ETG) Civil Litigation Attorney-Standard (2ETF) Civil Litigation Attorney-Basic (2ETE) County Counsel (2EA1) Deputy County Counsel-Advanced (2ETK) Deputy County Counsel-Standard (2ETJ) Deputy County Counsel-Basic (2ETH) Deputy County Counsel-Advanced-Exempt (2ET3) Deputy County Counsel-Standard-Exempt (2ET2) Deputy County Counsel-Basic-Exempt (2ET1) District Attorney (2KA1) Public Defender (25A1) Senior Deputy District Attorney-Exempt (2KD1) Senior Financial Counsel-Exempt (2ED3) Supervising Attorney-Child Support Services (29HA) Attorney Basic-Child Support Services (29VA) Attorney Advanced-Child Support Services (29TA) Attorney Entry-Child Support Services (29WA) 31. Attorney Management Administrative Leave and Additional Longevity Pay: 31.10 Attorney Management Administrative Leave. A. On January 1st of each year, the employees in the classes set forth below who are in paid status, excluding fixed-term employees and contract attorneys, will be credited with ninety four (94) hours of Management Administrative Leave. Management Administrative Leave must be used during the calendar year in which it is credited and any unused hours may not be carried forward. B. Attorneys appointed between January 1st and June 30th, inclusive, are July 12, 2016 Contra Costa County Board of Supervisors 587 Resolution No. 2016/448 36 eligible for ninety four (94) hours of Management Administrative Leave on the first succeeding January 1st and annually thereafter. Attorneys appointed on or after July 1st are eligible for seventy one (71) hours of Management Administrative Leave on the first succeeding January 1st and are eligible for ninety four (94) hours annually thereafter. C. Permanent part time attorneys are eligible for Management Administrative Leave on a prorated basis, based upon their position hours, beginning on January 1st following their appointment and in the same proportion on each January 1st thereafter. Permanent-intermittent attorneys are not entitled to Management Administrative Leave. Any attorney on a leave of absence will have his/her Management Administrative Leave hours prorated upon his/her return. D. Unrepresented, management, and exempt attorneys on the Overtime Exempt Exclusion List are authorized to receive overtime pay; therefore, their Management Administrative Leave will be reduced by 25% each time the attorney is on the List. The 25% reduction will be deducted from the employee’s current leave balance, but if there is no balance, it will be deducted from future awarded Management Administrative Leave. 31.11 Additional Longevity Pay at 20 Years of County Service. In addition to the Longevity Pay provided in Section 12 of this resolution, employees in the classes set forth below are eligible to receive an additional two percent (2%) longevity differential effective on the first day of the month following the month in which the employee qualifies for the twenty (20) year service award, beginning on November 1, 2012. For those employees who have twenty years of service on or before November 1, 2012, this longevity differential will be paid prospectively only from November 1, 2012. 31.12 Eligible Classes. This section applies only to the following classifications: Assistant County Counsel-Exempt (2ED1) Assistant District Attorney-Exempt (2KD3) Assistant Public Defender-Exempt (25D2) Chief Asst. County Counsel-Exempt (2ED2) Chief Asst. Deputy District Atty-Exempt (2KD2) Chief Assistant Public Defender-Exempt (25D1) Chief Trial Deputy Public Defender (25DB) Civil Litigation Attorney-Advanced (2ETG) Civil Litigation Attorney-Standard (2ETF) Civil Litigation Attorney-Basic (2ETE) July 12, 2016 Contra Costa County Board of Supervisors 588 Resolution No. 2016/448 37 County Counsel (2EA1) Deputy County Counsel-Advanced (2ETK) Deputy County Counsel-Standard (2ETJ) Deputy County Counsel-Basic (2ETH) Deputy County Counsel-Advanced-Exempt (2ET3) Deputy County Counsel-Standard-Exempt (2ET2) Deputy County Counsel-Basic-Exempt (2ET1) Public Defender (25A1) Senior Deputy District Attorney-Exempt (2KD1) Senior Financial Counsel-Exempt (2ED3) Supervising Attorney-Child Support Services (29HA) Attorney Basic-Child Support Services (29VA) Attorney Advanced-Child Support Services (29TA) Attorney Entry-Child Support Services (29WA) 32. Assessor Education Differential: Employees in the management class of Assistant County Assessor-Exempt (DAB1) are entitled to a salary differential of two and one-half percent (2.5%) of base monthly salary for possession of a certification for educational achievement from at least one of the following: A. American Institute of Real Estate Appraisers Residential Member designation. B. State Board of Equalization Advanced Appraiser Certification. C. International Association of Assessing Officers Residential Evaluation Specialist. D. Society of Auditor-Appraiser Master Auditor-Appraiser designation. E. Society of Real Estate Appraisers Senior Residential Appraiser designation. F. Any other certification approved by the County Assessor and the Director of Human Resources. 33. Certified Elections/Registration Administrator Certification Differential: Employees in the classification of Clerk-Recorder (ALA1) are entitled to receive a monthly differential in the amount of five percent (5%) of base monthly salary for possession of a valid Certified Elections/Registration Administrator Certificate issued by The Election Center-Professional Education Program. Verification of eligibility is by the County Administrator or designee. Eligibility for receipt of the differential begins on the first day of the month following the month in which the County Administrator verifies eligibility. 34. District Attorney Inspectors Longevity Differential: Incumbents of the classes of District Attorney Chief of Inspectors–Exempt (6KD1), District Attorney Director of Forensic and Technical Services (6KDC), District Attorney Lieutenant of Inspectors (6KNB), and Lieutenant of Inspectors–Welfare Fraud (6KWG) are eligible for a differential of five percent (5%) of base monthly salary when the following conditions July 12, 2016 Contra Costa County Board of Supervisors 589 Resolution No. 2016/448 38 are satisfied: The employee has (1) four (4) years of experience as a peace officer with Contra Costa County; (2) fifteen (15) years of P.O.S.T. experience; and (3) has reached the age of thirty-five (35). 35. District Attorney Inspector P.O.S.T.: Incumbents of the classes of District Attorney Lieutenant of Inspectors (6KNB), District Attorney Director of Forensic and Technical Services (6KDC), District Attorney Lieutenant of Inspectors–Welfare Fraud (6KWG) and District Attorney Chief of Inspectors–Exempt (6KD1) who possess the appropriate certificates beyond the minimum P.O.S.T. qualifications required in their class may qualify for one of the following career incentive allowances: A. A career incentive allowance of two and one-half percent (2.5%) of base monthly salary will be paid to DA Lieutenant of Inspectors, DA Director of Forensic and Technical Services, and DA Lieutenant of Inspectors-Welfare Fraud for the possession of an Advanced P.O.S.T. certificate. This allowance will be paid to the DA Chief of Inspectors-Exempt for possession of a Management and/or Executive P.O.S.T. Certificate. B. A career incentive allowance of five percent (5%) of base monthly salary will be paid to DA Lieutenant of Inspectors, DA Director of Forensic and Technical Services, and DA Lieutenant of Inspectors–Welfare Fraud for possession of an Advanced P.O.S.T. certificate and an approved Baccalaureate Degree. This allowance will be paid to the DA Chief of Inspectors for possession of a Management and/or Executive P.O.S.T. certificate and possession of an approved Baccalaureate Degree. C. A career incentive allowance of seven and one-half percent (7.5%) of base monthly salary will be paid to DA Lieutenant of Inspectors, DA Director of Forensic and Technical Services, and DA Lieutenant of Inspectors–Welfare Fraud for the possession of an Advanced P.O.S.T. certificate and possession of an approved Master’s Degree. This allowance will be paid to the DA Chief of Inspectors–Exempt for possession of an approved Management and/or Executive P.O.S.T. certificate and possession of an approved Master’s Degree. No continuing education is required in order to be entitled to any of the foregoing allowances. 36. District Attorney Investigator - Safety Employees Retirement Tiers; Contribution Toward Cost of Enhanced Retirement Benefit: 36.10 Safety Tier A. The retirement formula of “3 percent at 50" applies to employees in the classifications set forth below who become members of the Contra Costa County Employees Retirement Association (CCCERA) on or before December 31, 2012 or who, under PEPRA, become reciprocal members of CCCERA, as determined by CCCERA. The cost of living adjustment (COLA) to the retirement allowances of these employees will not exceed three percent (3%) per year. The final compensation of these July 12, 2016 Contra Costa County Board of Supervisors 590 Resolution No. 2016/448 39 employees will be based on a twelve (12) consecutive month salary average. This retirement benefit is known as Safety Tier A. 1. Until July 1, 2012, each employee in Tier A will pay nine percent (9%) of his or her retirement base to pay part of the employer’s contribution for the cost of Safety Tier A retirement benefits. 2. Effective on July 1, 2012, each employee in Tier A will pay three percent (3%) of his/her retirement base to pay part of the employer’s contribution for the cost of Safety Tier A retirement benefits. 3. Effective on June 30, 2016, these payments will cease. The payments set forth above will be made on a pre-tax basis in accordance with applicable tax laws. “Retirement base” means base salary and other payments, such as salary differential and flat rate pay allowances, used to compute retirement deductions. 36.11 Safety PEPRA Tier. For employees who become safety New Members of the Contra Costa County Employees Retirement Association (CCCERA) on or after January 1, 2013, retirement benefits are governed by the California Public Employees Pension Reform Act of 2013 (PEPRA) (Chapters 296 and 297, Statutes of 2012) and Safety Option Plan Two (2.7% @ 57) applies. For employees hired on or after July 1, 2014, who under PEPRA, become safety New Members of CCCERA, the cost of living adjustment to the retirement allowance will not exceed two percent (2%) per year and will be banked. To the extent that this resolution conflicts with any provision of PEPRA, PEPRA governs. 36.12 Employees with more than 30 years of Service. Commencing on July 1, 2007, eligible employees in the classifications set forth below and designated by the Contra Costa County Employees’ Retirement Association as safety members with credit for more than thirty (30) years of continuous service as safety members, will not make payments from their retirement base to pay part of the employer’s contribution towards the cost of Safety Tier A. 36.13 Eligible Classes. This section applies only to the following classifications: District Attorney Chief of Inspectors-Exempt (6KD1) District Attorney Lieutenant of Inspectors (6KNB) Lieutenant of Inspectors-Welfare Fraud (6KWG) District Attorney Director of Forensic and Technical Services (6KDC) 37. Engineer Continuing Education Allowance: Employees in the classification of Deputy Public Works Director-Exempt (NAD0) are eligible to receive a one year July 12, 2016 Contra Costa County Board of Supervisors 591 Resolution No. 2016/448 40 Continuing Education Allowance of two and one-half percent (2.5%) of base monthly salary if they complete at least (60) hours of approved education or training or at least three (3) semester units of approved college credit or approved combination thereof, subject to the following conditions. A. The specific education or training must be submitted in writing by the employee to the Public Works Director or his designee prior to beginning the course work. B. The education or training must be reviewed and approved in advance by the Public Works Director or his designee as having a relationship to the technical or managerial responsibilities of the employee’s current or potential County job classifications. C. Employees who qualify for this allowance do so for a period of only twelve (12) months, commencing on the first day of the month after proof of completion is received and approved by the Public Works Director or his designee. This allowance automatically terminates at the end of the twelve (12) month period. 38. Engineer Professional Development Reimbursement: Employees in the classification of Engineering Managers will be allowed reimbursement for qualifying professional development expenses and professional engineering license fees required by the employee’s classification up to a total of seven hundred dollars ($700) for each two (2) year period beginning on January 1, 2000. Effective July 1, 2007, the allowable reimbursement amount will be increased by one hundred fifty dollars ($150) for a total of eight hundred fifty dollars ($850). Effective on January 1, 2008, Engineering Managers will be allowed reimbursement for qualifying professional development expenses and professional engineering license fees required by the employee’s classification up to a total of nine hundred dollars ($900) for each two (2) year period. Allowable expenses include the following activities and materials directly related to the profession in which the individual is engaged as a County employee: A. Membership dues to professional organizations. B. Registration fees for attendance at professional meetings, conferences and seminars. C. Books, journals and periodicals. D. Tuition and text book reimbursement for accredited college or university classes. E. Professional license fees required by the employee’s classification. F. Application and examination fees for registration as a professional engineer, architect or engineer-in-training. G. Certain job-related instruments, job-related computer hardware and software from a standardized County approved list or with Department Head approval, provided each Engineer complies with the provisions of the Computer Use July 12, 2016 Contra Costa County Board of Supervisors 592 Resolution No. 2016/448 41 and Security Policy adopted by the Board of Supervisors and the applicable manuals. Individual professional development reimbursement requests require the approval of the Department Head. Reimbursement occurs through the regular demand process with demands being accompanied by proof of payment (copy of invoice or canceled check). In order to receive reimbursement, the employee must have been in an eligible classification when the expense was incurred. 39. Library Department Holidays: For all management and unrepresented employees in the County Library Department, the day after Thanksgiving is deleted as a holiday and the day before Christmas is added as a holiday. 40. Health Services Department On Call Duty and Call Back Time: 40.10 Eligible Classes: Permanent full time and permanent part time employees employed in the Health Services Department (A-18) in the following designated classifications are entitled to On Call Duty and Call Back Time. Designated Classifications: Director of HazMat Program-Ex (VLD2) Deptl Comm & Media Rel Coord (ADSH) Director of Env Health Svcs-Ex (VLD1) Asst Dir of Health Svcs (VCB1) MH Medical Director-Ex (VPD1) Emergency Medical Svcs Director (VBSC) Chief Exec Officer CCCHP (VCB3) Residency Director-Exempt (VPD5) Chief Operations Officer-Exempt (VWD1) 40.11 On Call Duty: On Call Duty is when an employee is not scheduled to work on County premises but is ready to immediately report to work. The employee must make arrangements so that his/her supervisor can reach him/her within ten (10) minutes’ notice or less. The Department Head approves those employees who will be assigned to On Call Duty. An employee assigned to On Call Duty is paid one (1) hour of straight time pay for each four (4) hours designated on call. If an employee’s On Call Duty hours are not in increments of four (4) hours, the On Call Duty hours will be prorated. For example, if the employee is assigned to On Call Duty for six (6) July 12, 2016 Contra Costa County Board of Supervisors 593 Resolution No. 2016/448 42 hours, the employee would receive one hour and one half (1.5) straight time pay for the six (6) hours designated on call (6/4). If an employee designated to On Call Duty is called back to work, the On Call Duty hours will not be deducted from the time the employee works. 40.12 Call Back Time: Call Back Time is when an employee is called back to work on County premises. An employee called back to work is entitled to receive pay at the rate of one and one half (1.5) times his/her base rate of pay (not including differentials) for the actual Call Back Time hours worked plus one (1) additional hour. An employee called back to work will be paid a minimum of two (hours) for each Call Back Time. 41. (Reserved) 42. (Reserved) 43. Probation – Longevity Differential: 43.10 Longevity Pay at 20 Years of County Service. In addition to the Longevity Pay provided in Section 12 of this resolution, employees in the classes set forth below are eligible to receive a one and a half percent (1.5%) longevity differential effective on the first day of the month following the month in which the employee qualifies for the twenty (20) year service award. For those employees who have twenty years of service on or before July 1, 2016, this additional longevity differential will be paid prospectively only from July 1, 2016.   43.11 Eligible Classes. This section applies only to the following classifications: Assistant County Probation Officer- Exempt (7AB1) Chief Deputy Probation Officer (7ADC) Institutional Supervisor II (7KGA) Probation Manager (7AGB) Probation Director (7BFA) 44. Probation - Safety Employees Retirement Tiers: 44.10 Safety Tier A. The retirement formula of “3 percent at 50" applies to employees in the classifications set forth below who become Safety members of the Contra Costa County Employees Retirement Association (CCCERA) on or before December 31, 2012 or who, under PEPRA, become reciprocal members of CCCERA, as determined by CCCERA. The cost of living adjustment (COLA) to the retirement allowances of these employees will not July 12, 2016 Contra Costa County Board of Supervisors 594 Resolution No. 2016/448 43 exceed three percent (3%) per year. The final compensation of these employees will be based on a twelve (12) consecutive month salary average. 1. Until July 1, 2012, each employee in Tier A will pay nine percent (9%) of his/her retirement base to pay part of the employer’s contribution for the cost of Tier A retirement benefits. 2. For the period of July 1, 2012 through and including December 31, 2014, each employee in Tier A will pay four and one half percent (4.5%) of his/her retirement base to pay part of the employer’s contribution for the cost of Tier A retirement benefits. 3. For the period of January 1, 2015 through and including June 29, 2015, each employee will pay two and one quarter percent (2.25%) of his/her retirement base to pay part of the employer’s contribution for the cost of Tier A retirement benefits. 4. Effective on June 30, 2015, each employee’s payment of two and one quarter percent (2.25%) of his/her retirement base to pay part of the employer’s contribution for the cost of Tier A retirement benefits will cease. The payments set forth above will be made on a pre-tax basis in accordance with applicable tax laws. “Retirement base” means base salary and other payments, such as salary differential and flat rate pay allowances, used to compute retirement deductions. 44.11 Safety PEPRA Tier. For employees who become Safety New Members of the Contra Costa County Employees Retirement Association (CCCERA) on or after January 1, 2013, retirement benefits are governed by the California Public Employees Pension Reform Act of 2013 (PEPRA) (Chapters 296 and 297, Statutes of 2012) and Safety Option Plan Two (2.7% @ 57) applies. For employees who become Safety New Members of CCCERA on and after January 1, 2016, the cost of living adjustment to the retirement allowance will not exceed two percent (2%) per year and will be banked. To the extent that this resolution conflicts with any provision of PEPRA, PEPRA governs. 44.12 Eligible Classes. This section applies only to the following classifications: Assistant County Probation Officer-Exempt (7AB1) County Probation Officer-Exempt (7AA1) Chief Deputy Probation Officer (7ADC) Institutional Supervisor II (7KGA) Probation Manager (7AGB) Probation Director (7BFA) 45. Real Property Agent Advanced Certificate Differential: Employees in the classifications of Assessor (DAA1), Assistant County Assessor-Exempt (DAB1), and July 12, 2016 Contra Costa County Board of Supervisors 595 Resolution No. 2016/448 44 Real Estate Manager-Exempt (DYD1) are entitled to receive a monthly differential in the amount of five percent (5%) of base monthly salary for possessing and maintaining either a valid Senior Member Certificate issued by the International Executive Committee of the International Right of Way Association (IRWA) or a certification issued by the Building Owners and Managers Institute (BOMI) with a designation as either a Real Property Administrator (RPA) or Facilities Management Administrator (FMA). Verification of eligibility will be by the Department Head or his/her designee. Eligibility for receipt of the differential begins on the first day of the month following the month in which eligibility is verified by the Department Head. All employees who qualify for the Senior Member certificate must recertify every five (5) years with the International Right of Way Association in order to retain the Senior Member designation and continue to receive the differential. In order to recertify, a Senior Member must accumulate seventy-five (75) hours of approved education which may include successfully completing courses, attending educational seminars or teaching approved courses. All employees who qualify for the RPA or FMA designation must recertify every three (3) years with BOMI in order to retain the RPA or FMA designation and continue to receive this differential. In order to retain certification, an employee must achieve eighteen (18) points of continuing professional development, which may include successfully completing courses, attending educational seminars, or teaching approved courses related to the industry. 46. Sheriff Sworn Management P.O.S.T.: A. Incumbents of the classes of Sheriff-Coroner (6XA1), Undersheriff–Exempt (6XB4), Assistant Sheriff- Exempt (6XB2) and Commander–Exempt (6XD1) who possess the appropriate certificates beyond the minimum P.O.S.T. qualifications required in their class may qualify for one, and only one, of the following career incentive allowances: 1. A career incentive allowance of two and one-half percent (2.5%) of monthly base pay will be awarded for the possession of a Management and/or Executive P.O.S.T. Certificate and possession of an approved Baccalaureate Degree. 2. A career allowance of five percent (5%) of monthly base pay will be awarded for the possession of a Management and/or Executive P.O.S.T. Certificate and possession of an approved Master’s Degree. B. Incumbents in the class of Chief of Police-Contract Agency-Exempt who possess the appropriate certificates beyond the minimum P.O.S.T. qualifications required in their class may qualify for one, and only one, of the following career incentive allowances: July 12, 2016 Contra Costa County Board of Supervisors 596 Resolution No. 2016/448 45 1. A career incentive allowance of two and one-half percent (2.5%) of monthly base pay will be awarded for the possession of an Advanced P.O.S.T. Certificate. 2. A career incentive allowance of five percent (5%) will be awarded for the possession of an Advanced P.O.S.T. Certificate and possession of an approved Baccalaureate or Master’s Degree. 47. Sheriff Continuing Education Allowance: Sheriff’s Department employees in the classifications of Sheriff’s Fiscal Officer (APSA) and Sheriff’s Chief of Management Services (APDC) are eligible to receive a Continuing Education Allowance of two and one-half percent (2.5%) of base monthly salary for any fiscal year in which they complete at least sixty (60) hours of education or training or at least three(3) semester units of college credit or a combination thereof, approved by the department, subject to all of the following conditions: A. An application must be submitted in advance, to the Sheriff’s Department prior to the fiscal year in which the education or training will occur. B. The education or training must be directly related to the technical or Management duties of the employee’s job. C. The course must be reviewed and approved in advance by the Sheriff’s Department Standards and Resources Bureau. D. The employee must show evidence of completion with a passing grade. 48. Sheriff Emergency Services Standby Differential: Employees in the classification of Emergency Planning Specialist–Exempt (9GS1) who perform standby duty for the Office of Emergency Services at least one (1) week per month, are entitled to receive a differential in the amount of two and one-half percent (2.5%) of base monthly salary. 49. Sheriff Law Enforcement Longevity Differential: 49.10. 15 years of sworn County service. Incumbents in the classifications of Undersheriff-Exempt (6XB4), Assistant Sheriff- Exempt (6XB2), Commander- Exempt (6XD1), and Chief of Police-Contract Agency-Exempt (6XF1) are eligible for a differential of five percent (5%) of base monthly salary upon completion of fifteen (15) years of County service as a full-time, permanent, sworn law enforcement officer. 49.11. 20 years of sworn County service. Incumbents in the classifications of Undersheriff-Exempt (6XB4), Assistant Sheriff- Exempt (6XB2), Commander- Exempt (6XD1), and Chief of Police-Contract Agency-Exempt (6XF1) are eligible for a differential of two percent (2%) of base monthly salary upon completion of twenty (20) years of County service as a full-time, permanent, sworn law enforcement officer. For employees who completed twenty (20) years of such service on or before September 1, 2013, this longevity differential will be paid prospectively only from September 1, 2013. July 12, 2016 Contra Costa County Board of Supervisors 597 Resolution No. 2016/448 46 50. Sheriff Uniform Allowance: The Sheriff-Coroner (6XA1), Undersheriff-Exempt (6XB4), Assistant Sheriff- Exempt (6XB2), Commander-Exempt (6XD1), Chief of Police-Contract Agency-Exempt (6XF1) and non-sworn management employees in the Sheriff-Coroner’s Department will be paid a uniform allowance in the amount of eight hundred seventy-two dollars ($872) per year effective July 1, 2007, payable one-twelfth (1/12) of the yearly total in monthly pay warrants. The non-sworn management employees eligible for this uniform allowance are: Sheriff’s Fiscal Officer (APSA) and Sheriff’s Chief of Management Services (APDC). 51. Sheriff - Detention Division Meals: Employees assigned to the Detention Division will have fifteen dollars ($15.00) per month deducted from their pay checks in exchange for meals provided by the Department. The employee may choose not to eat facility food. In that case, no fees will be deducted. 52. Sheriff - Safety Employees Retirement Tiers: 52.10. Safety Tier A. The retirement formula of “3 percent at 50" applies to employees in the classifications set forth below, who are employed by the County as of December 31, 2006. The cost of living adjustment (COLA) to the retirement allowances of these employees will not exceed three percent (3%) per year. The final compensation of these employees will be based on a twelve (12) consecutive month salary average. Safety Tier A is closed to all employees initially hired by Contra Costa County after December 31, 2006. 52.11 Safety Tier C. The retirement formula of “3 percent at 50" applies to employees in the classifications set forth below, who are hired by the County after December 31, 2006 and on or before December 31, 2012, or who, under PEPRA, become reciprocal members of CCCERA, as determined by CCCERA. The cost of living adjustment (COLA) to the retirement allowances of these employees will not exceed two percent (2%) per year. The final compensation of these employees will be based on a thirty-six (36) consecutive month salary average. 52.12 Safety PEPRA Tier. For employees who become Safety New Members of the Contra Costa County Employees Retirement Association (CCCERA) on or after January 1, 2013, retirement benefits are governed by the California Public Employees Pension Reform Act of 2013 (PEPRA) (Chapters 296 and 297, Statutes of 2012) and Safety Option Plan Two (2.7% @ 57) applies. The cost of living adjustment to the retirement allowances of these employees will not exceed two percent (2%) per year and will be banked. To the extent that this resolution conflicts with any provision of PEPRA, PEPRA governs. 52.13 Employees with more than 30 years of Service. Commencing January 1, 2007, employees in the classifications set forth below and designated by the Contra Costa County Employees’ Retirement Association as safety members with credit for more than thirty (30) years of continuous service as safety members, will not make payments from their retirement base to pay part of the employer’s contribution towards the cost of Safety Tier A. July 12, 2016 Contra Costa County Board of Supervisors 598 Resolution No. 2016/448 47 52.14 Retirement Tier Elections. If members of the Deputy Sheriffs’ Association have the opportunity to elect different retirement tiers, employees in the classifications set forth below and employed by the County as of December 31, 2012, will be offered the same opportunity to elect the new Safety PEPRA Tier at the same time and on the same terms and conditions as are applicable to members of the Deputy Sheriffs’ Association. 52.15 Eligible Classes. This section applies only to the following classifications: Sheriff-Coroner (6XA1) Undersheriff-Exempt (6XB4) Assistant Sheriff-Exempt (6XB2) Commander-Exempt (6XD1) Chief of Police-Contract Agency-Exempt (6XF1) 53. Safety Employees Retirement Tiers (Miscellaneous Safety Classifications) Benefit 53.10 Safety Tier A. The retirement formula of “3 percent at 50" applies to employees in the classifications set forth below who become Safety members of the Contra Costa County Employees Retirement Association (CCCERA) on or before December 31, 2012, or who under PEPRA, become reciprocal members of CCCERA as determined by CCCERA. The cost of living adjustment (COLA) to the retirement allowances of these employees will not exceed three percent (3%) per year. The final compensation of these employees will be based on a twelve (12) consecutive month salary average. 1. Until September 1, 2013, each employee in Tier A will pay nine percent (9%) of his/her retirement base to pay part of the employer’s contribution for the cost of Tier A retirement benefits. 2. For the period September 1, 2013, through and including December 31, 2014, each employee in Tier A will pay four and one half (4.5%) of his/her retirement base to pay part of the employer’s contribution for the cost of Tier A retirement benefits. 3. For the period January 1, 2015, through and including June 30, 2015, each employee in Tier A will pay two and a quarter percent (2.25%) of his/her retirement base to pay part of the employer’s contribution for the cost of the Tier A retirement benefit. 4. Effective June 30, 2015, these payments will cease The payments set forth above will be made on a pre-tax basis in accordance with applicable tax laws. “Retirement base” means base salary and other payments, such as salary differential and flat rate pay allowances used to compute retirement deductions. July 12, 2016 Contra Costa County Board of Supervisors 599 Resolution No. 2016/448 48 53.11 Safety PEPRA Tier. For employees who become safety New Members of the Contra Costa County Employees Retirement Association (CCCERA) on or after January 1, 2013, retirement benefits are governed by the California Public Employees Pension Reform Act of 2013 (PEPRA) (Chapters 296 and 297, Statutes of 2012) and Safety Option Plan Two (2.7% @ 57) applies. For employees hired by the County on or after January 1, 2014, who under PEPRA, become safety New Members of CCCERA, the cost of living adjustment to the retirement allowance will not exceed two percent (2%) per year and will be banked. To the extent that this resolution conflicts with any provision of PEPRA, PEPRA governs. 53.12 Eligible Classes. This section applies only to the following classifications: Assistant Chief Public Service Officer (64BA) Director of Hazardous Materials Program-Exempt (VLD2) 54. Treasurer-Tax Collector Professional Development Differential: Treasurer-Tax Collector employees in one of the classifications listed below are eligible to receive a monthly differential equivalent to five percent (5%) of base salary for possession of at least one (1) of the following specified professional certifications and for completion of required continuing education requirements associated with the individual certifications. Verification of eligibility for any such differential must be provided to the Auditor in writing by the Treasurer-Tax Collector or his/her designee. Under this program, no employee may receive more than a single five percent (5%) differential at one time, regardless of the number of certificates held by that employee. This section applies only to the following classifications: Treasurer-Tax Collector (S5A1) Treasurer’s Investment Officer-Exempt (S5S3) Assistant County Treasurer-Exempt (S5B4) Assistant County Tax Collector (S5DF) Chief Deputy Treasurer Tax Collector-Exempt (S5B2) Qualifying Certificates: Certified Cash Manager (C.C.M.) Certified Financial Planner (C.F.P.) Certified Government Planner (C.G.F.P.) Certified Treasury Manager (C.T.M.) Chartered Financial Analyst (C.F.A.) 55. Executive Assistant to the County Administrator Differential. At the discretion of the County Administrator, an employee in the classification of Executive Assistant II to the County Administrator- Exempt (J3H2) is eligible to receive a monthly differential equivalent to five percent (5%) of base salary while the employee is performing work on special project assignments. Verification of eligibility for any July 12, 2016 Contra Costa County Board of Supervisors 600 Resolution No. 2016/448 49 such differential must be provided to the Auditor in writing by the County Administrator or his/her designee. 56. Countywide Accounting Differential. Employees in the classifications of Chief Auditor (SFDB), Chief Accountant (SAGC), and Assistant County Auditor Controller (SAB1) working in the Office of the Auditor-Controller are eligible to receive a monthly differential equivalent to five percent (5%) of base salary in recognition of the increased responsibility involved in ensuring the system-wide fiscal integrity of the County and its dependent special districts. V. TEMPORARY AND PER DIEM EMPLOYEES EXCLUDED. Parts I through IV above do not apply to temporary and per diem employees. Benefits for temporary and per diem employees are only those provided in Appendix I “Benefits for Temporary and Per Diem Employees,” attached. [EXHIBITS AND APPENDIX ATTACHED] July 12, 2016 Contra Costa County Board of Supervisors 601 Exhibit A Job Code Classification AJGA ADA MANAGER AP7A ADMINISTRATIVE AIDE-DEEP CLASS AP73 ADMINISTRATIVE AIDE-PROJECT AP9A ADMINISTRATIVE INTERN-DEEP CLS APDB ADMINISTRATIVE SVCS OFFICER XQD2 AGING/ADULT SVCS DIRECTOR-EX VHD1 ALCOHOL/OTHER DRUG SVCS DIR-EX VAB1 AMBULATORY CARE CHF EXC OFC-EX BKS1 ANIMAL CLINIC VETERINARIAN-EX JJNG ASSESSOR'S CLERICAL STAFF MNGR VCS1 ASSIST TO HLTH SVC DIR - EX 9MD3 ASSISTANT DIRECTOR-PROJECT BAB1 ASST AGR COM/WTS/MEAS-EXEMPT 64BA ASST CHIEF PUBLIC SVC OFFICER 7AB1 ASST CO PROB OFF - EXEMPT ADB4 ASST COUNTY ADMINISTRATOR DAB1 ASST COUNTY ASSESSOR-EXE SAB1 ASST COUNTY AUDITOR CONTROLLE ALB3 ASST COUNTY CLERK-RECORDER -EX 2ED1 ASST COUNTY COUNSEL-EXEMPT 3AB1 ASST COUNTY LIBRARIAN-EXEMPT ALB1 ASST COUNTY REGISTRAR-EXEMPT S5DF ASST COUNTY TAX COLLECTOR S5B4 ASST COUNTY TREASURER-EXEMPT 5AH5 ASST DEP DIR, CONSERV & DEV-EX VCB1 ASST DIR OF HEALTH SVCS AGB1 ASST DIR OF HUMAN RESOURCES-EX XAD7 ASST DIR-POLICY & PLANNING-EX 2KD3 ASST DISTRICT ATTORNEY-EXEMPT LBD4 ASST HS IT DIR-APP DEV-EX LBD2 ASST HS IT DIR-CUSTOMER SUPP-E LBD7 ASST HS IT DIR-INFO SECURITY-E LBD3 ASST HS IT DIR-INFRASTRUCT-EX LBD1 ASST HS IT DIR-PROJECT MGMT-EX 25D2 ASST PUBLIC DEFENDER-EXEMPT AJDP ASST RISK MANAGER 6XB2 ASST SHERIFF-EXEMPT ADBA ASST TO THE COUNTY ADMIN 29TA ATTORNEY ADVANCE-CHLD SPPT SVC 29VA ATTORNEY BASIC-CHILD SPPT SVCS 29WA ATTORNEY ENTRY-CHILD SPPT SVCS J995 BD OF SUPVR ASST-CHIEF ASST J992 BD OF SUPVR ASST-GEN OFFICE J993 BD OF SUPVR ASST-GEN SECRETARY J994 BD OF SUPVR ASST-SPECIALIST Resolution No. 2016/448 Page 1 of 5July 12, 2016 Contra Costa County Board of Supervisors 602 Exhibit A Job Code Classification ADT2 CAPITAL FACILITIES ANALYST-PRJ VPD4 CCHP MEDICAL DIRECTOR-EXEMPT VCB2 CCRMC CHIEF EXEC OFC - EXEMPT 5ABD CHF, ANEX AND ECON STM PROG SAGC CHIEF ACCOUNTANT JJDA CHIEF ASSISTANT CLERK-BOS 2ED2 CHIEF ASST COUNTY COUNSEL SMBA CHIEF ASST DIRECTOR/DCSS 2KD2 CHIEF ASST DISTRICT ATTORNEY-E 25D1 CHIEF ASST PUBLIC DEFENDER SFDB CHIEF AUDITOR 7ADC CHIEF DEP PROBATION OFFICER AXD1 CHIEF DEP PUBLIC ADMIN-EXEMPT S5B2 CHIEF DEP TREASURE/TAX COLL-EX XAB1 CHIEF DEPUTY DIRECTOR-EXEMPT NAB1 CHIEF DEPUTY PW DIRECTOR-EX VCB3 CHIEF EXECUTIVE OFFICER-CCHP-E 6EH1 CHIEF INVESTIGATOR PD-EXEMPT S5BC CHIEF INVESTMENT OFFICER VPS4 CHIEF MEDICAL OFFICER - EXEMPT VWD2 CHIEF NURSING OFFICER-EXEMPT AGD3 CHIEF OF LABOR RELATIONS - EX VWD1 CHIEF OPERATIONS OFFICER-EXEMP 6XF1 CHIEF POLICE-CONTRACT AGNCY-EX ADS2 CHIEF PUBLIC COMMUN OFFICER-EX VAB2 CHIEF QUALITY OFFICER-EXEMPT 25DB CHIEF TRIAL DEPUTY PUBLIC DEF 9JS2 CHILD NUTRT DIV NUTRI-PROJECT 9JS3 CHILD NUTRT FOOD OPER SUPV-PRJ 9CDA CHILD SPPRT SVCS MANAGER XAD5 CHILDREN AND FAMILY SVCS DIR-E 9MH1 CHILDREN SVCS MGR-PROJECT 2ETG CIVIL LITIG ATTY-ADVANCED 2ETE CIVIL LITIG ATTY-BASIC LVL 2ETF CIVIL LITIG ATTY-STANDARD 6XD1 COMMANDER-EXEMPT CCD1 COMMUNITY SVCS DIRECTOR-EXEMPT CCHA COMMUNITY SVCS PERSONNEL ADMIN 9J71 COMMUNITY SVCS PERSONNEL TECH 9MS7 COMPREHENSIVE SVCS ASST MGR-PR 9MS3 COMPREHENSIVE SVCS MAN -PRJ NAF1 COUNTY SURVEYOR-EXEMPT CJH3 CS MENTAL HLTH CLIN SUPV-PROJ APDD DA CHIEF OF ADMINISTRATIVE SVC 6KD1 DA CHIEF OF INSPECTORS-EXEMPT Resolution No. 2016/448 Page 2 of 5July 12, 2016 Contra Costa County Board of Supervisors 603 Exhibit A Job Code Classification 6KDC DA DIR OF FORENSIC & TECH SVCS 6KNB DA LIEUTENANT OF INSPECTORS JJGE DA MANAGER OF LAW OFFICES JJHG DA OFFICE MANAGER J3T7 DA PROGRAM ASSISTANT-EXEMPT 4AD1 DEP DIR OF CONSERV & DEV-EX APSA DEPARTMENTAL FISCAL OFFICER ADSH DEPTL COMM & MEDIA REL COORD JJHD DEPUTY CLERK-BOARD OF SUPV ADDG DEPUTY CO ADMINISTRATOR ALB2 DEPUTY CO CLERK-RECORDER-EX 2ETK DEPUTY CO COUNSEL-ADVANCED 2ET3 DEPUTY CO COUNSEL-ADVANCED-EX 2ETH DEPUTY CO COUNSEL-BASIC 2ET1 DEPUTY CO COUNSEL-BASIC-EXEMPT 2ETJ DEPUTY CO COUNSEL-STANDARD 2ET2 DEPUTY CO COUNSEL-STANDARD-EX 3AFE DEPUTY CO LIBRARIAN-PUB SVCS 3AFG DEPUTY CO LIBRARIAN-SUPT SVCS 5AB2 DEPUTY DIR COM DEV/CURR-EX 5AH2 DEPUTY DIR COM DEV/TRANS-EX LTD1 DEPUTY DIR/INFO TECHNOLOGY-EXE BJD1 DEPUTY DIRECTOR ANIMAL SVC-EX XAD8 DEPUTY DIR-WORKFORCE SVC-EX 2KWF DEPUTY DISTRICT ATTORNEY-FT-FL VCD2 DEPUTY EXECUTIVE DIR/CCHP-EX NAD8 DEPUTY GENERAL SVCS DIRECTOR/E NAD0 DEPUTY PUBLIC WORKS DIRECTOR-E VRG1 DIR MKTG/MEM SVCS & PR-CCHP-EX VQD4 DIR OF MENTAL HEALTH SVCS-EX VAD1 DIR OF PATIENT FIN SVCS-EXEMPT ADD5 DIR OFFICE CHILD SVCS - EX 9BD1 DIRECTOR OF AIRPORTS VLD1 DIRECTOR OF ENV HEALTH SVCS-EX VLD2 DIRECTOR OF HAZ MAT PROGRAM-EX 5AB1 DIRECTOR OF REDEVEL-EXEMPT SMD1 DIRECTOR OF REVENUE COLLECTION ADSB DIRECTOR OFFICE OF COMM/MEDIA XAD9 EHS CHIEF FINANCIAL OFF - EX XAD6 EHS DIRECTOR OF ADMIN-EXEMPT X762 EHS WORKFORCE DEV YOUTH WKR-PJ XAGB EHSD PERSONNEL OFFICER VBSC EMERGENCY MEDICAL SVS DIRECTOR 9GS1 EMERGENCY PLANNING SPEC-EXEMPT AGD2 EMPLOYEE BENEFITS MANAGER Resolution No. 2016/448 Page 3 of 5July 12, 2016 Contra Costa County Board of Supervisors 604 Exhibit A Job Code Classification AGSC EMPLOYEE BENEFITS SPECIALIST AJHA EMPLOYEE BENEFITS SUPERVISOR AJDB EQUAL EMPLOYMENT OPPT OFFICER J3V2 EXEC ASST I TO CO ADMINIS-EX J3H2 EXEC ASST II TO CO ADMINIS-EX J3T6 EXEC SECRETARY/ MERIT BOARD J3T5 EXEC SECRETARY-EXEMPT J3TJ EXECUTIVE SECRETARY-DCSS VPS2 EXEMPT MED STF PODIATRIST APDE FIRE DISTRICT CHIEF/ADMIN SVCS 6CW1 FORENSIC ANALYST-PROJECT VASH HEALTH EQUITY PROGRAM MANAGER VRGC HEALTH PLAN DIR COMP & GOV REL VCS3 HEALTH PLAN SERVICES ASST-EX LBB3 HEALTH SVCS IT DIRECTOR-EX VCN2 HEALTH SVCS PERSNL OFFICER-EX VQHA HLTH/HUMAN SVC RES & EVAL MGR AGSE HR SYSTEMS ANALYST AGTG HR SYSTEMS SPECIALIST AGVF HUMAN RESOURCES CONSULTANT AGDF HUMAN RESOURCES PROJECT MNGR AG7B HUMAN RESOURCES TECHNICIAN 7KGA INST SUPERVISOR II ADSI LABOR RELATIONS ANALYST I ADSJ LABOR RELATIONS ANALYST II AD7C LABOR RELATIONS ASSISTANT ADD6 LABOR RELATIONS MANAGER-EXEMPT 5ASF LAND INFORMATION BUS OPS MNGR AJHC LEAVE AND ACA ADMIN 6KWG LIEUTENANT OF INSP-WELF FRAUD ADVB MANAGEMENT ANALYST ADD4 MANAGER CAP FAC/DEBT MGMT-EX VCA2 MEDICAL DIRECTOR VPD1 MH MEDICAL DIRECTOR-EX SAHM PAYROLL SYSTEMS ADMINISTRATOR ARVA PERSONNEL SERVICES ASST II ARTA PERSONNEL SERVICES ASST III AGDE PERSONNEL SERVICES SUPERVISOR AP7B PERSONNEL TECHNICIAN ADS5 PRIN MANAGEMENT ANALYST - PROJ ADNC PRINCIPAL L/R ANALYST ADHB PRINCIPAL MANAGEMENT ANALYST APDJ PROBATION CHIEF OF ADMIN SVCS 7BFA PROBATION DIRECTOR 7AGB PROBATION MANAGER Resolution No. 2016/448 Page 4 of 5July 12, 2016 Contra Costa County Board of Supervisors 605 Exhibit A Job Code Classification STD1 PROCUREMENT SVCS MANAGER-EX ADS1 PUBLIC INFORMATION OFFICER APDF PUBLIC WORKS CHIEF OF ADM SVCS 5AH4 REDEVELOPMENT PROJ MANAGER-PRJ VPD5 RESIDENCY DIRECTOR-EXEMPT AJD1 RISK MANAGER AJH1 RISK MGMT TRAINING COORD-PRJ AVS4 SBDC BUSINESS CONSULTANT-PRJ AVD3 SBDC DIRECTOR-PROJECT CCG1 SCHOOL READINESS PROG COOR-PRJ J3S2 SECRETARY TO UNDERSHERIFF NSGA SENIOR LAND SURVEYOR ADTD SENIOR MANAGEMENT ANALYST APDC SHERIFF'S CHF OF MGNT SVCS J3T0 SHERIFF'S EXECUTIVE ASST-EX ADB5 SPECIAL ASST TO THE CO ADMN-EX ADDH SR DEPUTY COUNTY ADMNISTRATOR 2KD1 SR DEPUTY DISTRICT ATTORNEY-EX 2ED3 SR FINANCIAL COUNSELOR-EXEMPT AGTF SR HUMAN RESOURCES CONSULTANT 29HA SUPERVISING ATTORNEY-DCSS S5S3 TREASURER'S INVEST OFFICER-EX 6XB4 UNDERSHERIFF-EXEMPT EBW1 VOTER EDU & ENGMT ASST - PRJ EBV1 VOTER EDU & ENGMT SPEC-PRJ 9KN3 WEATHERIZATION/HM REPAIR SUPV XAD4 WORKFORCE INV BD EXC DIR-EX XAD3 WORKFORCE SVCS DIRECTOR-EXEMPT Resolution No. 2016/448 Page 5 of 5July 12, 2016 Contra Costa County Board of Supervisors 606 Exhibit B Job Code Classification 9JS2 CHILD NUTRT DIV NUTRI-PROJECT 2KWF DEPUTY DISTRICT ATTORNEY-FT-FL X762 EHS WORKFORCE DEV YOUTH WKR-PJ VPS2 EXEMPT MED STF PODIATRIST 6CW1 FORENSIC ANALYST-PROJECT EBW1 VOTER EDU & ENGMT ASST - PRJ Resolution No. 2016/448 Page 1 of 1July 12, 2016 Contra Costa County Board of Supervisors 607 Exhibit C Job Code Classification BAA1 AGRICULTURAL COM-DIR WTS/MEAS DAA1 ASSESSOR SAA1 AUDITOR-CONTROLLER ADA1 BD OF SUPVR MEMBER ADB1 CHIEF ASST COUNTY ADMIN LTA1 CHIEF INFO OFF/DIR OF INFO TEC ALA1 CLERK RECORDER ADA2 COUNTY ADMINISTRATOR 2EA1 COUNTY COUNSEL ADB6 COUNTY FINANCE DIRECTOR-EX 3AAA COUNTY LIBRARIAN 7AA1 COUNTY PROBATION OFFICER-EX 96A1 COUNTY VETERANS' SVCS OFFICER 4AA1 DIR OF CONSERVATION & DEVLP-EX BJA1 DIRECTOR OF ANIMAL SERV-EXEMPT SMA1 DIRECTOR OF CHILD SUPPORT SVCS NAA2 DIRECTOR OF GENERAL SERVICES-E VCA1 DIRECTOR OF HEALTH SERVICES AGA2 DIRECTOR OF HUMAN RESOURCES-EX XAA2 DIRECTOR-EHSD-EXEMPT 2KA1 DISTRICT ATTORNEY 25A1 PUBLIC DEFENDER NAA1 PW DIRECTOR 6XA1 SHERIFF-CORONER S5A1 TREASURER-TAX COLLECTOR Resolution No. 2016/448 Page 1 of 1July 12, 2016 Contra Costa County Board of Supervisors 608 Exhibit D Department Head Job Code Chief Assistant Department Head Job Code Agricultural Commissioner/ Director of Weights and Measures BAA1 Chief Deputy Agricultural Commissioner/Sealer of Weights and Measures BAB1 Assessor DAA1 Assistant County Assessor DAB1 Director of Human Resources AGA2 Assistant Director of Human Resources AGB1 Auditor-Controller SAA1 Assistant County Auditor-Controller SAB1 Board of Supervisors Member ADA1 No Chief Assistant Chief Information Officer/ Director of Information Technology LTA1 No Chief Assistant Clerk Recorder ALA1 Assistant County Registrar ALB1 Assistant County Recorder ALB3 Deputy County Clerk-Recorder-Exempt ALB2 County Administrator ADA2 Chief Assistant County Administrator ADB1 County Finance Director ADB6 County Counsel 2EA1 Excluded Classification County Librarian 3AAA Deputy County Librarian - Public Services 3AFE Deputy County Librarian - Support Services 3AFG County Probation Officer 7AA1 Asst County Probation Officer 7AB1 County Veterans' Services Officer 96A1 No Chief Assistant County Welfare Director XAA2 Aging/Adult Svcs Director XQD2 Children and Family Svcs Director XAD5 Community Svcs Director CCD1 EHS Director of Admin XAD6 Workforce Inv Bd Exec Director XAD4 Director of Animal Services BJA1 Deputy Director of Animal Services BJDF Director of Child Support Services SMA1 Chief Assistant Director of Child Support Services SMBA Director of Conservation and Development 4AA1 Deputy Director of Community Development/Transportation Planning 5AH2 Deputy Director of Conservation and Development 4AD1 Director of Health Services VCA1 No Chief Assistant District Attorney 2KA1 Excluded Classification Public Defender 25A1 Excluded Classification Public Works Director NAA1 Deputy Public Works Director NAD0 Sheriff-Coroner 6XA1 Undersheriff 6XB4 Treasurer-Tax Collector S5A1 Chief Deputy Treasurer-Tax Collector S5B2 Resolution No. 2016/448 Page 1 of 1July 12, 2016 Contra Costa County Board of Supervisors 609 Exhibit E Job Code Descr 6XB2 ASST SHERIFF-EXEMPT 6XF1 CHIEF POLICE-CONTRACT AGNCY-EX 6XD1 COMMANDER-EXEMPT 6XA1 SHERIFF-CORONER 6XB4 UNDERSHERIFF-EXEMPT Resolution No. 2016/448 Page 1 of 1July 12, 2016 Contra Costa County Board of Supervisors 610   Page 1 of 8 Resolution No. 2016/448    APPENDIX I BENEFITS FOR UNREPRESENTED TEMPORARY AND PER DIEM EMPLOYEES 1. Definitions 1.10 Temporary Employment: Any employment which will require the services of an incumbent for a limited period of time, paid on an hourly basis, not in an allocated position or in permanent status. 1.11 Per Diem Employment: Per diem employment is any employment that requires the services of a person on a daily basis, and that person is paid on an hourly basis and his/her classification has "per diem" in its title. 1.12 Covered Units. This Appendix I applies to anyone who is a temporary or per diem employee in one of the units listed on Exhibit G. 2. Days and Hours of Work 2.10 Schedule: Temporary and per diem employees are eligible to work a maximum of twenty five (25) hours per week with the exception of the following: 1. Employees assigned to the Attorney classifications listed in Exhibit F. 2. Employees assigned to a classification listed in Exhibit G in unit BD- Management, Classified and Exempt Department Heads. 3. Employees assigned to the classifications of: Deputy Sheriff-Per Diem (6XWC); District Attorney Senior Inspector (6KVA); District Attorney Senior Inspector Welfare Fraud (6KVD); and District Attorney Inspector- Welfare Fraud (6KWF). 4. Employees in the Health Services Department assigned to the classifications of: Nursing Shift Coordinator-Per Diem (VWHD); temporary Exempt Medical Staff Physician (VPW9); Administrative Intern (AP9A), but only if working in the Mental Health Program. July 12, 2016 Contra Costa County Board of Supervisors 611   Page 2 of 8 Resolution No. 2016/448    5. Student Interns may work up to forty (40) hours per week for up to twelve weeks during summer break. For purposes of this section 2.10, “summer break” means May through September. 6. Retiree temporary employees. 2.11 Workweek: The workweek begins at 12:01 a.m. on Monday and ends at 12 midnight on Sunday. 2.12 Time Reporting/Time Stamping: Temporary and per diem employees must timestamp in and out as they begin their work shifts, finish their work shifts, and take meal periods. 3. Salary Administration-Payment 3.10 Hourly Rate: The hourly rate paid to temporary and per diem employees will be the “1.00 hourly rate” calculated on the salary schedule by dividing the unrounded monthly salary at any step by 173.33. 3.11 New Employee Step: Except as otherwise permitted in deep class resolutions, temporary and per diem employees will generally be appointed at the minimum step of the salary range established for the particular class to which the appointment is made. However, the Human Resources Director may authorize an appointing authority to make a particular temporary appointment at a step above the minimum of the range. 3.12 Payment: Temporary and per diem employees are paid on the 10th of each month for the previous month (16th to end of the month) and on the 25th of each month for the 1st to the 15th of the current month. Temporary and per diem employees require “Positive” reporting of all hours to be paid. 3.13 Pay Warrant Errors: If an employee receives a pay warrant which has an error in the amount of compensation to be received and if this error occurred as a result of a mistake by the Auditor-Controller’s Office, it is the policy of the Auditor-Controller’s Office that the error will be corrected and a new warrant issued within forty-eight (48) hours, exclusive of Saturdays, Sundays and Holidays from the time the department is made aware of and verifies that the pay warrant is in error. Pay errors discovered by the County in employee pay will be corrected prospectively as soon as possible as to current pay rate. July 12, 2016 Contra Costa County Board of Supervisors 612   Page 3 of 8 Resolution No. 2016/448    No recovery of either overpayments or underpayments to an employee will be made retroactively except for the six (6) month period immediately preceding discovery of the pay error. This provision will apply regardless of whether the error was made by the employee, the Appointing Authority or designee, the Director of Human Resources or designee, or the Auditor-Controller or designee. Recovery of fraudulently accrued over or underpayments are excluded from this section for both parties. The County will notify an employee of an overpayment and repayment schedule. When the County notifies an employee of an overpayment and a proposed repayment schedule, the employee may accept the proposed repayment schedule or may request a meeting through the County Human Resources Department. If requested, a meeting shall be held to determine a repayment schedule which shall be no longer than three (3) times the length of time the overpayment occurred. 3.14 Overtime Pay: Temporary and per diem employees will be paid overtime pay in accordance with the Fair Labor Standards Act method for computing overtime for any authorized work performed in excess of forty (40) forty hours per week. Work performed does not include non–worked hours. 4. Salary Increments within Range 4.10 Increment Eligibility and Salary Review: All temporary and per diem employees will accumulate a record of straight time hours worked for the purpose of a salary review to determine whether the employee will be advanced to the next higher salary step in the salary range for the classification. Advancement to a higher step will be granted only on the affirmative recommendation of the appointing authority, based on satisfactory performance by the employee. The appointing authority may recommend either granting or denying the salary increment for the increment. Temporary and per diem employees hired at Step 1 of the salary range for their classification will be eligible for a salary review as described above after completion of 1040 straight time hours worked. Employees will be eligible for additional salary review after accumulation of an additional 2080 straight time hours. No provision of this section will be construed to make the granting of salary increments mandatory on the County. July 12, 2016 Contra Costa County Board of Supervisors 613   Page 4 of 8 Resolution No. 2016/448    4.11 Frequency of Increments: Increments within range will not be granted more frequently than once per every 2080 straight time hours worked by a temporary or a per diem employee. 4.12 Effective Date: Step increases resulting from an approved salary review will be effective the first of the month following completion of 2080 straight time hours worked and return of the salary review report to the Human Resources Department. 5. Special Pays and Benefits Temporary and per diem employees, other than physicians, may be eligible for certain special types of pays and benefits, in addition to wages, under specifically defined circumstances. Those special pays and benefits that are applicable to certain temporary and per diem employees are specified under this Section 5 “Special Pay and Benefits.” If a special pay or benefit is not listed in this Appendix then that special pay or benefit does not apply to temporary or per diem employees. 5.10 Overtime Pay Nursing Shift Coordinator- Per Diem (VWHD): Per Diem employees in the classification of Nursing Shift Coordinator- Per Diem (VWHD) who work on a holiday are entitled to receive overtime pay at the rate of one and one-half (1.5) times his/her hourly rate for all hours worked on the holiday, up to a maximum of eight (8) hours. 5.11 Shift Differential: Temporary employees in the classification of Student Worker (999E) and per diem employees in the classification of Nursing Shift Coordinator- Per Diem (VWHD) will receive a shift differential of five percent (5%) of base rate of pay when the employee is scheduled to work for four (4) or more hours between 5:00p.m. and 9:00a.m. In order to receive the shift differential, the employee must start work between the hours of midnight and 5:00a.m. or between 11:00a.m. and midnight on the day the shift is scheduled to begin. Hours worked in excess of the employee’s scheduled workday will count towards qualifying for the shift differential, but the employee will not be paid the shift differential on any excess hours worked. 5.12 Evening Shift Differential: Temporary employees in the classification of Family Nurse Practitioner (VWSB) and a per diem employees in the classification of Nursing Shift Coordinator- Per Diem (VWHD) will receive a shift differential of twelve (12%) of the employee’s base hourly rate of pay for the employee’s entire shift designation when the employee works four (4) or more hours between 5:00 p.m. and 11:00 p.m. In order to receive the shift differential the employee must start work between 11:00 a.m. and 12:00 midnight on the day July 12, 2016 Contra Costa County Board of Supervisors 614   Page 5 of 8 Resolution No. 2016/448    the shift is scheduled to begin. Hours worked in excess of the employee’s shift designation will count towards qualifying for the shift differential but the employee will not be paid the shift differential on any hours worked in excess of the employee’s shift designation. 5.13 Night Shift Differential: Temporary employees in the classification of Family Nurse Practitioner (VWSB) and a per diem employee in the classification of Nursing Shift Coordinator- Per Diem (VWHD) will receive a shift differential of fifteen percent (15%) of the employee’s base hourly rate of pay for the employee’s entire shift designation when the employee works four (4) or more hours between 11:00 p.m. and 9:00 a.m. In order to receive the shift differential the employee must start work between the hours of 7:00 p.m. and 12:00 midnight or 12:00 midnight and 8:00 a.m. on the day the shift is scheduled to begin. Hours worked in excess of the employee’s shift designation will count towards qualifying for the shift differential but the employee will not be paid the shift differential on any hours worked in excess of the employee’s shift designation. 5.14 Weekend Shift Differentials: Temporary employees in the classifications Library Student Assistant-Exempt (3KW2) and Library Aide-Exempt (3KW4) may receive a shift differential of five percent (5%) of the employee’s base hourly rate of pay for all hours worked on a Saturday. Said five percent (5%) differential will not apply to an overtime hours worked on Saturday. Temporary employees in the classifications Library Student Assistant-Exempt (3KW2) and Library Aide-Exempt (3KW4) may receive a shift differential of seven and one-half percent (7.5%) of the employee’s based rate of pay for all hours worked on a Sunday. Said seven and one-half percent (7.5%) differential will not apply to overtime hours worked on Sundays. 5.15 Hospital and Clinics Division Weekend Shift Differential: Temporary employees in the classification of Family Nurse Practitioner (VWSB) who work in the Hospital and Clinic divisions will be paid an additional ten dollar ($10.00) per hour if assigned a shift within the following timeframe, FRI 11PM TO SUN 11PM. 5.16 Morning Watch Shift Differential: Temporary employees in the classification of Dispatcher I (64WK) and Dispatcher II (64WM) may receive Morning Watch Shift Differential of three percent (3%) of base rate of pay for the employee’s July 12, 2016 Contra Costa County Board of Supervisors 615   Page 6 of 8 Resolution No. 2016/448    entire scheduled shift when the employee works four (4) or more hours between the hours of 0000 and 0800. The Morning Watch is defined as time worked between the hours of 0000 hours and 0800 hours. 5.17 Evening Watch Shift Differential: Temporary employees in the classification of Dispatcher I (64WK) and Dispatcher II (64WM) may receive an Evening Watch Shift Differential of five percent (5%) of base rate of pay for the employee’s entire scheduled shift when the employee works four (4) or more hours between 1600 and 0000 hours. The Evening Watch is defined as time worked between 1600 hours and 0000 hours. Hours worked in excess of the employee’s scheduled workday will count toward qualifying for the Morning Watch Shift Differential and Evening Watch Shift Differential, but the employee will not be paid the differential on any excess hours worked. 5.18 Code Gray/STAT Team Differential: Per Diem employees in the classification of Nursing Shift Coordinator- Per Diem (VWHD) who are assigned by hospital administration to respond to emergency Code Gray calls as a member of the STAT Team are entitled to a differential of ten percent (10%) of the employee’s base rate of pay (not including differentials). 5.19 School Security Detail: Temporary employees in the classification of Deputy Sheriff Reserve (6XW3) who are assigned to events held within the San Ramon Valley School district will receive $20.00 per hour. 5.20 County Fair Assignment: Temporary employees in the classification of Deputy Sheriff Reserve (6XW3) who are assigned to the annual Contra Costa County Fair will receive $25.00 per hour. 6. Special Pays for Temporary Physicians: 6.10. Emergency Room Pay. A temporary physician working in the Emergency Roomwill be paid the following differentials in addition to his/her regular pay. Monday – Thursday 7:00 am-11:00 pm $14 per hour Friday 7:00 am-7:00 pm $14 per hour July 12, 2016 Contra Costa County Board of Supervisors 616   Page 7 of 8 Resolution No. 2016/448    Monday – Thursday 11:00 pm – 7:00 am $42 per hour Friday, Saturday, Sunday 7:00 pm – 7:00 am $56 per hour Saturday, Sunday 7:00 am – 7:00 pm $28 per hour Holidays worked in the Emergency Room will be paid an additional $28 per hour between 7:00 am and 7:00 pm. Holidays worked in the Emergency Room will be paid an additional $56 per hour between 7:00 pm and 7:00 am. 6.11 Weekend Rounds Differential. A temporary physician is eligible for this differential when the temporary physician works unscheduled rounds at the hospital between the hours of 11:00 pm on Friday and 11:00 pm on Sunday. This differential is paid at the rate of 1.0 times his/her base rate of pay (not including differentials) plus $42 per hour, with a minimum pay of three (3) hours. However, only a single three (3) hour minimum will be allowed for each 24 hour period. 6.13 Holiday Rounds Differential. A temporary physician is eligible for this differential when the physician works unscheduled rounds at the hospital on a holiday observed by the County. This differential is paid at the rate of 1.0 times his/her base rate of pay (not including differentials) plus $42 per hour, with a minimum pay of three (3) hours. However, only a single three (3) hour minimum will be allowed for each 24 hour period. 6.14 Physician On-Call OBGYN In-House Differential. A temporary physician assigned to the In-House OB GYN is eligible to receive the Physician On-Call OBGYN In-House Differential under any one of the following conditions: a. Between 5:00 pm and 6:30 am Monday through Friday; b. Between 5:00 pm on Friday and 6:30 am on Monday; or c. On a holiday observed by the County. This differential is paid at the rate of 1.0 times his/her base rate of pay (not including differentials) plus $10 per hour. 6.15 Physician Fall Back Differential. A temporary physician is eligible for this differential when the physician works an extended-hours clinic in the Patients Choice Program. This differential is paid at the rate of 1.0 times his/her base rate of pay (not including differentials) plus $42 per hour. 6.16 Call Back Differential. A temporary physician is eligible for this differential when the physician is called back to work and the physician returns to work. July 12, 2016 Contra Costa County Board of Supervisors 617   Page 8 of 8 Resolution No. 2016/448    This differential is paid at the rate of 1.0 times his/her base rate of pay (not including differentials) plus $42 per hour, with a minimum of three (3) hours of pay for each call back. 6.17 On Call at 1.0 (1:4) Differential. A temporary physician is eligible for this differential when the physician is assigned additional On-Call obligations for Anesthesia, Orthopedics, Surgery, Medicine, Pediatrics, OB Joint Venture Health Plan or Advice first call, and other comparable on-call duties as assigned by the appointing authority or his/her designee. This differential pay ends in the event that the physician is called back and the physician returns to the hospital. This differential is paid at the rate of 1.0 times his/her base hourly rate of pay (not including differential) for each four (4) hours On-Call. 6.18 On Call at 1.0 (1:8) Differential. A temporary physician is eligible for this differential when the physician is assigned additional On-Call obligations for Pathology, GI, Ophthalmology, Health Officer, Plastic Surgery, Hand Surgery, Detention Medical, Psychiatry, Health Plan or Advice Backup, and other comparable on-call duties as assigned by the appointing authority or his/her designee. This differential pay ends in the event that the physician is called back and the physician returns to the hospital. This differential is paid at the rate of 1.0 times his/her base hourly rate of pay (not including differentials) for each eight (8) hours On-Call. 6.19 Physician Evening Clinic. A physician is eligible for an additional $15 per hour for working an evening clinic between the hours of 5:00 pm and 11:00 pm. 6.20 Physician Weekend Clinic. A physician is eligible for an additional $15 per hour for working a weekend clinic between Friday 11:00 pm and Sunday 11:00 pm. 7. Sick Leave: Refer to Administrative Bulletin 413 “Twenty-four Hour Sick Leave Benefit” 8. Workers’ Compensation: Workers’ Compensation benefits will be provided pursuant to State Law. 9. Health Benefit Access for Employees Not Otherwise Covered: To access County health plans, an employee who is not otherwise eligible for health coverage by the County must be eligible to receive an offer of coverage from the County under the federal Patient Protection and Affordable Care Act (:ACA”)(42 U.S.C. § 18081). Employees eligible to receive an offer of coverage (and qualified dependents) will be offered access to County health insurance plans. Employees will be responsible for the full premium cost of coverage. July 12, 2016 Contra Costa County Board of Supervisors 618 Exhibit F Job Code Classification 2ED1 ASST COUNTY COUNSEL-EXEMPT 2KD3 ASST DISTRICT ATTORNEY-EXEMPT 25D2 ASST PUBLIC DEFENDER-EXEMPT 29TA ATTORNEY ADVANCE-CHLD SPPT SVC 29VA ATTORNEY BASIC-CHILD SPPT SVCS 29WA ATTORNEY ENTRY-CHILD SPPT SVCS 2ED2 CHIEF ASST COUNTY COUNSEL 2KD2 CHIEF ASST DISTRICT ATTORNEY-E 25D1 CHIEF ASST PUBLIC DEFENDER 25DB CHIEF TRIAL DEPUTY PUBLIC DEF 2ETG CIVIL LITIG ATTY-ADVANCED 2ETE CIVIL LITIG ATTY-BASIC LVL 2ETF CIVIL LITIG ATTY-STANDARD 2ET3 DEPUTY CO COUNSEL ADVANCED-EXEMPT 2ETK DEPUTY CO COUNSEL-ADVANCED 2ETH DEPUTY CO COUNSEL-BASIC 2ET1 DEPUTY CO COUNSEL-BASIC-EXEMPT 2ETJ DEPUTY CO COUNSEL-STANDARD 2ET2 DEPUTY CO COUNSEL-STANDARD-EX 2KTG DEPUTY DISTRICT ATTORNEY - ADVANCED 2KTF DEPUTY DISTRICT ATTORNEY - BASIC 2KWD DEPUTY DISTRICT ATTORNEY - FIXED TERM 2KD1 SR DEPUTY DISTRICT ATTORNEY-EX 2ED3 SR FINANCIAL COUNSELOR-EXEMPT 29HA SUPERVISING ATTORNEY-DCSS Resolution No. 2016/448 Page 1 of 1July 12, 2016 Contra Costa County Board of Supervisors 619 Exhibit G Unit Description 1P Phys & Dentist Unit 1X Phys & Dentists Optometrist Unit 2I Local 1021, Service Line Supervisors Unit 4N Fire Suppression & Prevention Unit 51 Western Council of Engineers A8 Elected Department Heads B1 Safety Unrep District Attorney B2 Safety Unrep Probation Classes B3 Safety Unrep Misc Classes B8 Mgmt Classes-Classified & Exempt BD Mgmt Classified & Ex Dept. Head BS Sheriff's Sworn Executive Mgmt BT Merit System Fixed Term Mgmt C8 Management Project -Other CC CS Child Development Mgmt-Project CH CS Head Start Mgmt-Project CL CS Living Free Mgmt-Project D8 Unrepresented Proj Class-Other DC Unrepresented Child Dev-Proj DH Unrepresented Head Start-Proj DL Unrepresented Living Free-Proj DP Unrepresented PIC Special-Proj F8 Unrep Class & Exempt Other FH Unrep Hd Start Classified & Ex FK Unrep CL & Ex -Com Svcs Other FS Unrep Cl & Ex Student Workers FT Unrep Cl & Ex Fixed Term FW Unrep CL & Ex-sworn Peace Officer FX Unrep Exempt Medical Staff L3 CN A Staff Nurses Unit LT CN A Public Health Nurse Unit MA District Attorney's Unit QC Local One, Family Chld Svs Site Supv Unit V# Sheriff's Sworn Mgmt Unit VA DSA Non-Sworn Mgmt. Unit VH Deputy Sheriff's Unit-Sworn VN Deputy Sheriff's Unit-Non Sworn XJ DA Investigators Unit Resolution No. 2016/448 Page 1 of 1July 12, 2016 Contra Costa County Board of Supervisors 620 RECOMMENDATION(S): APPROVE the Orwood Road Bridge Replacement Project, County Project No. 0662-6R4076, Federal Project No. BRLO 5928 (045), District 3, contingency fund increase of $200,000 for a new contingency fund total of $998,444.93, and a new payment limit of $8,982,894.28, effective July 12, 2016, and APPROVE and AUTHORIZE the Public Works Director, or designee, to execute Contract Change Order No. 7 with Flatiron West, Inc., effective July 12, 2016, in an amount not to exceed $422,589.51. FISCAL IMPACT: Project is being funded by 100% Federal Highway Bridge Replacement Funds. BACKGROUND: Contract Change Order No. 7 is necessary to pay the bridge contractor, Flatiron West, Inc., for additional cost incurred during the foundation work for two retaining walls. An unforeseen condition of soil heaving caused the contractor to change their method of APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/12/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I 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 12, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 2 To:Board of Supervisors From:Julia R. Bueren, Public Works Director/Chief Engineer Date:July 12, 2016 Contra Costa County Subject:APPROVE the contingency fund increase and Contract Change Order #7 for the Orwood Road Bridge Replacement Project, Brentwood area July 12, 2016 Contra Costa County Board of Supervisors 621 BACKGROUND: (CONT'D) installation to complete the work, extending the time and effort to install the foundations. During installation of the initial CIDH piles at Retaining Wall #2 the Contractor encountered soil heaving at the bottom of the piles. The Contractor had to drill an additional 5 feet below specified tip elevation to create a soil plug in the casing to alleviate the soil heaving. This resulted in the Contractor having to bring in longer casings and larger equipment to complete the operation. These unforeseen conditions required the Contractor to work additional shifts to complete the pile installation. The contingency fund increase is necessary to compensate the contractor for unforeseen extra work necessary for construction of the project. CONSEQUENCE OF NEGATIVE ACTION: The lack of approval would prevent successful completion of this contract and prevent the contractor from being compensated for additional costs. AGENDA ATTACHMENTS Contract Change Order No. 7 MINUTES ATTACHMENTS Signed: Contract Change Order July 12, 2016 Contra Costa County Board of Supervisors 622 CONTRACT CHANGE ORDER CEM-4900 REV 5/2001 CT# 7541-3501-0 Change Requested by: Engineer Contractor CCO NUMBER SUPPL. NUMBER CONTRACT NO. ROAD FEDERAL NUMBER(S) 7 0 0662-6R4076 ORWOOD ROAD BRIDGE REPLACEMENT BRLO-5928(045) TO FLATIRON CONSTRUCTION, CO Contractor You are directed to make the following changes from the plans and specifications or do the following described work not included in the plans and specifications for this contract. NOTE: This change order is not effective until approved by the Engineer. Description of work to be done, estimate of quantities and prices to be paid. (Segregate between additional work at contract price, agreed price and force account.) Unless otherwise stated, rates for rental of equipment cover only such time as equipment is actually used and no allowance will be made for idle time. The last percentage shown is the net accumulated increase or decrease from the original quantity in the Engineer's Estimate. Adjustment in Compensation at Agreed Lump Sum: Provide compensation to Flatiron Construction, Inc (FCI) and Malcolm Drilling Company (MDI) for additional costs incurred during installation of 24” dia. Cast-In-Drilled-Hole (CIDH) Piles at Retaining Wall #2. Provide compensation for Cast-In- Drilled-Hole (CIDH) Pile work yet to be performed at Retaining Wall #3. Payment for additional shifts beyond those contemplated in the bid documents. The additional shifts were associated with an unforeseen “aquifer/heaving” condition encountered at the bottom of the piles which resulted in the extension of the temporary pile casing to 5’ below specified tip elevation. Payment is based on agreed costs which are derived from the actual cost to perform the work. The total cost associated with this change is as follows: Additional Days Owed Agreed Cost Per Day Amount Owed Retaining Wall #2 8 $33,218.01 $265,744.09 Retaining wall #3 5 $31,369.08 $156,845.42 Total Agreed Amount = $422,589.51 The above costs provide full compensation for labor, equipment and material costs associated with the revision in pile installation methods including full length casing extended to 5’ below specified tip elevation. These include the additional time required to install the shafts due to the revision in methods. Also, costs associated with additional spoil removal and QC inspection. The Contractor agrees that this Contract Change Order resolves all cost associated with Notice of Potential Claim No. 1 as outlined in your letter, Entitlement Package – Differing Site Conditions – Retaining Wall #2 & 3 –Rev. 1, dated May 9, 2016. This change order also resolves any and all costs associated with pile construction during phase 1 of this project including piles installed at the abutments and piers. The Contractor shall receive an Agreed Lump Sum of $$422,589.51 for the work specified above. The agreed sum constitutes full compensation for all labor, materials, tools, equipment, and incidentals, and for doing all work involved. Estimated Cost: : Decrease Increase $422,589.51 By reason of this order the time of completion will be adjusted as follows: No Adjustment SUBMITTED BY Nick Panayotou, Resident Engineer SIGNATURE (PRINT NAME & TITLE) DATE Nick Panayotou, Resident Engineer APPROVAL RECOMMENDED BY SIGNATURE (PRINT NAME & TITLE) DATE Kevin Emigh, Division Manager LOCAL AGENCY APPROVAL BY SIGNATURE (PRINT NAME & TITLE) DATE Stephen Kowalewski, Deputy Director We the undersigned contractor, have given careful consideration to the change proposed and agree, if this proposal is approved, that we will provide all equipment, furnish the materials, except as may otherwise be noted above, and perform all services necessary for the work above specified, and will accept as full payment therefor the prices shown above. NOTE: If you, the contractor, do not sign acceptance of this order, your attention is directed to the requirements of the specification as to proceeding with the ordered work and filing a written protest within the time therein specified. July 12, 2016 Contra Costa County Board of Supervisors 623 CONTRACTOR ACCEPTANCE BY SIGNATURE (PRINT NAME & TITLE) DATE Jared Herrington, Project Manager, Flatiron Const. July 12, 2016 Contra Costa County Board of Supervisors 624 July 12, 2016Contra Costa County Board of Supervisors625 July 12, 2016Contra Costa County Board of Supervisors626 RECOMMENDATION(S): ADOPT Resolution No. 2016/374 supporting the adoption of complete streets in the County and approving the Complete Streets Policy of Contra Costa County. DETERMINE that the activity is exempt from environmental review under the California Environmental Quality Act (CEQA), pursuant to Article 5, Section 15061(b)(3) of the CEQA Guidelines. DIRECT the Conservation and Development Director to file a CEQA Notice of Exemption with the County Clerk-Recorder. FISCAL IMPACT: No impact to the County General Fund. Adopting this resolution will result in the County being eligible to pursue Active Transportation Program (ATP) and One Bay Area Grant (OBAG) 2 funds, which would fund transportation projects and studies. BACKGROUND: The Transportation and Circulation, Land Use, and Open Space Elements of the Contra Costa County General Plan were amended in April 2008 to support the 'Complete Streets' philosophy. This amendment was intended to "...promote the development of bicycle and pedestrian facilities..." and included the following guidance, " APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/12/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I Supervisor Contact: John Cunningham, 674-7833 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 12, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Steve Kowalewski, Mary Halle, Will Nelson , Maureen Toms C. 1 To:Board of Supervisors From:John Kopchik, Director, Conservation & Development Department Date:July 12, 2016 Contra Costa County Subject:Adoption of Complete Streets Resolution & Policy July 12, 2016 Contra Costa County Board of Supervisors 627 BACKGROUND: (CONT'D) ...establish principles of the "Complete Streets" concept by recognizing that streets serve many users (motorists, bicyclists, and pedestrians) and directs that every effort should be made to accommodate multiple modes of travel (e.g. transit, bicycling, and walking) in the development of the local roadway system for street design and a road network in the County that accommodates users of all ages and abilities and modes, including bicyclists, pedestrians, and transit.". Subsequent to the County's Complete Streets amendment, in September of 2008, the Governor signed the California Complete Streets Act (CS Act). The CS Act required local jurisdictions to integrate specific transportation policies that accommodate the needs of all users into the Circulation Element of their General Plans. Currently, the Metropolitan Transportation Commission (MTC) is in the process of developing its One Bay Area Grant (OBAG) 2 Program for eventual release and call for projects and the State has an active grant cycle under their Active Transportation Program (ATP). One criterion for jurisdictions to be eligible for these grant funds is to adopt a Complete Streets Policy, which can be met in one of two ways: 1. Adopt a Complete Streets resolution that incorporates MTC’s nine required complete streets elements (Exhibit A), or 2. Adopt a significant revision to the circulation element of a General Plan after January 1, 2011 that complies with the California Complete Streets Act of 2008. The County's Transportation and Circulation Element was revised to include the Complete Streets philosophy prior prior to the California Complete Streets Act (and has not been subsequently revised) and more importantly prior to the January 1, 2011 date above. As result, staff is recommending the Board adopt a Complete Streets resolution (Option 1 above) ensuring both the the incorporation of MTC's complete streets elements in their entirety and the County's eligibility for ATP and OBAG2 funds. Option 2 is not being pursued as staff and Department of Conservation and Development are not currently in a position to process a significant revision to our Transportation and Circulation Element. Additional Detail Complete streets concepts are meant to ensure that the needs travelers of all ages and abilities, in a wide variety of modes, are considered in all planning, programming, design, construction, operations, and maintenance activities. Again, Contra Costa County preceded the 2008 Complete Streets Act by five months when a "G eneral Plan amendment affecting Land Use, Transportation/Circulation, and Open Space Elements as to goals, policies, implementation measures, and maps to promote the development of bicycle/pedestrian facilities." was approved on April 8, 2008. The staff report at the time provided the following background on the changes being proposed as a part of the amendment, "The proposal updates the County's approach toward the planning, design, and construction of streets to recognize and reflect that streets do more than move vehicles. The proposal would establish principles of the "Complete Streets" concept by recognizing that streets serve many users (motorists, bicyclists, and pedestrians) and directs that every effort should be made to accommodate multiple modes of travel (e.g. transit, bicycling, and walking) in the development of the local roadway system. The proposal also supports the Board of Supervisors recent directives to promote a "healthy" built environment in the unincorporated areas of the County by improving or expanding bikeways and pedestrian facilities, and to encourage their use as a means of transportation not only as an alternative to the automobile but also to promote healthy lifestyle choices for residents." Under the original OBAG1 Program, the County's 2008 General Plan amendment (GPA) satisfied the grantJuly 12, 2016 Contra Costa County Board of Supervisors 628 Under the original OBAG1 Program, the County's 2008 General Plan amendment (GPA) satisfied the grant criteria. Under OBAG2 and ATP, the requirement seen above (Adopt a significant revision to the circulation element of a General Plan after January 1, 2011...), was included which necessitates the subject resolution. While the County's 2008 Bike/Ped/Complete Streets GPA is consistent with the Complete Streets intent, the attached resolution and policy (Exhibits A and B) include additional specificity with detailed principles, implementation policies, and a mechanism for exceptions clearly defined. California Environmental Quality Act (CEQA) Findings The subject activity is covered by the general rule that CEQA applies only to projects that have the potential to cause a significant effect on the environment. The adoption of the Complete Streets policy will only result in the incorporation of Complete Streets practices in Contra Costa County departments and agencies. Therefore, this activity is not subject to CEQA, pursuant to CEQA Guidelines section 15061(b)(3), as it can be seen with certainty that there is no possibility that the subject activity will have a significant effect on the environment. When individual projects that incorporate Complete Streets practices are developed, a CEQA review will be initiated as appropriate. CONSEQUENCE OF NEGATIVE ACTION: If Resolution No. 2016/374 is not adopted, the County will not be eligible to pursue Active Transportation Program or One Bay Area Grant 2 funds that could fund transportation projects and studies. CHILDREN'S IMPACT STATEMENT: Not applicable. CLERK'S ADDENDUM Speakers: Bruce Ohlson, Bike East Bay (handout attached). AGENDA ATTACHMENTS Resolution No. 2016/374 Exhibit A- Complete Streets Policy Final Draft MINUTES ATTACHMENTS Signed: Resolution No. 2016/374 Correspondence Received July 12, 2016 Contra Costa County Board of Supervisors 629 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 07/12/2016 by the following vote: AYE: Candace Andersen Mary N. Piepho Karen Mitchoff Federal D. Glover NO: ABSENT:John Gioia ABSTAIN: RECUSE: Resolution No. 2016/374 Resolution of the Contra Costa County Board of Supervisors supporting the adoption of a Complete Streets Policy, and stating that the next substantial revision of Contra Costa County General Plan Transportation and Circulation Element shall incorporate Complete Streets policies and principles consistent with the California Complete Streets Act of 2008 (AB 1358) WHEREAS, the term “Complete Streets” describes a comprehensive, integrated transportation network with infrastructure and design that allows safe and convenient travel along and across streets for all users, including pedestrians, bicyclists, persons with disabilities, motorists, movers of commercial goods, users and operators of public transportation, seniors, children, youth, students, and families; WHEREAS, Contra Costa County acknowledges the benefits and value for the public health and welfare of reducing vehicle miles traveled and increasing transportation by walking, bicycling, and public transportation; WHEREAS, Contra Costa County recognizes that the planning and coordinated development of Complete Streets infrastructure provides benefits for local governments in the areas of infrastructure cost savings, public health, mobility diversification, and environmental sustainability; WHEREAS, the State of California has emphasized the importance of Complete Streets by enacting the California Complete Streets Act of 2008 (also known as AB 1358), which requires that when cities or counties revise general plans, they identify how they will provide for the mobility needs of all users of the roadways, as well as through Deputy Directive 64, in which the California Department of Transportation explained that it “views all transportation improvements as opportunities to improve safety, access, and mobility for all travelers in California and recognizes bicycle, pedestrian, and transit modes as integral elements of the transportation system”; WHEREAS, the California Global Warming Solutions Act of 2006 (known as AB 32) sets a mandate for the reduction of greenhouse gas emissions in California, and the Sustainable Communities and Climate Protection Act of 2008 (known as SB 375) requires emissions reductions through coordinated regional planning that integrates transportation, housing, and land-use policy, and achieving the goals of these laws will require significant increases in travel by public transit, bicycling, and walking; WHEREAS, numerous California counties, cities, and agencies have adopted Complete Streets policies and legislation in order to further the health, safety, welfare, economic vitality, and environmental wellbeing of their communities; WHEREAS, the Contra Costa County General Plan establishes the Complete Streets philosophy by way of the April 2008 Complete Streets Amendments which accomplishes the following: • Specifies that ‘all users’ includes pedestrians, bicyclists, transit vehicles and users, and motorists, of all ages and abilities. • Aims to create a comprehensive, integrated, connected network. • Recognizes the need for flexibility: that all streets are different and user needs will be balanced. • Is adoptable by all agencies to cover all roads. • Applies to both new and retrofit projects, including design, planning, maintenance, and operations, for the entire right of way. • Makes any exceptions specific and sets a clear procedure that requires high-level approval of exceptions. • Directs the use of the latest and best design standards. • Directs that complete streets solutions fit in with context of the community. 4 1 July 12, 2016 Contra Costa County Board of Supervisors 630 • Establishes performance standards with measurable outcomes. WHEREAS, Contra Costa County therefore, in light of the foregoing benefits and considerations, wishes to further improve its commitment to Complete Streets and desires that its streets form a comprehensive and integrated transportation network promoting safe, equitable, and convenient travel for all users while preserving flexibility, recognizing community context, and using the latest and best design guidelines and standards; NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Contra Costa County, State of California, as follows: 1. That Contra Costa County adopts the Complete Streets Policy attached hereto as Exhibit B, and made part of this Resolution, and that said exhibit is hereby approved and adopted. 2. That the next substantial revision of the Contra Costa County General Plan Transportation and Circulation Element shall incorporate Complete Streets policies and principles consistent with the California Complete Streets Act of 2008 (AB 1358) and with the Complete Streets Policy adopted by this resolution. Contact: John Cunningham, 674-7833 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 12, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Steve Kowalewski, Mary Halle, Will Nelson , Maureen Toms July 12, 2016 Contra Costa County Board of Supervisors 631 July 12, 2016Contra Costa County Board of Supervisors632 July 12, 2016Contra Costa County Board of Supervisors633 This Complete Streets Policy was adopted by Resolution No. 2016/374 by the Board of Supervisors of Contra Costa County on July 12, 2016. COMPLETE STREETS POLICY OF CONTRA COSTA COUNTY A. Complete Streets Principles 1. Complete Streets Serving All Users. Contra Costa County expresses its commitment to creating and maintaining Complete Streets that provide safe, comfortable, and convenient travel along and across rights-of-way (including streets, roads, highways, bridges, paths, and other portions of the transportation system) through a comprehensive, integrated transportation network that serves all categories of users, including pedestrians, bicyclists, persons with disabilities, motorists, movers of commercial goods, users and operators of public transportation, seniors, children, youth, students and families. 2. Context Sensitivity. In planning and implementing street projects, departments and agencies of Contra Costa County shall maintain sensitivity to local conditions in both residential and business districts as well as urban, suburban, and rural areas, and shall work with residents, merchants, school representatives, and other stakeholders to ensure that a strong sense of place ensues. Improvements that will be considered include sidewalks, shared use paths, separated bikeways/cycle tracks, bicycle lanes, bicycle routes, paved shoulders, street trees and landscaping, planting strips, accessible curb ramps, crosswalks, refuge islands, pedestrian signals, signs, street furniture, bicycle parking facilities, public transportation stops and facilities, transit priority signalization, traffic calming circles, transit bulb outs, road diets and other features assisting in the provision of safe travel for all users and those features and concepts identified in the Contra Costa County Complete Streets General Plan Amendment of April 2008. 3. Complete Streets Routinely Addressed by All Departments. All departments and agencies of Contra Costa County shall work towards making Complete Streets practices a routine part of everyday operations, approach every relevant project, program, and practice as an opportunity to improve streets and the transportation network for all categories of users/modes, and work in coordination with other departments, agencies, and jurisdictions to maximize opportunities for Complete Streets, connectivity, and cooperation. Example activities include, but are not necessarily limited to the following: pavement resurfacing, restriping, accessing above and underground utilities, signalization operations or modifications, maintenance of landscaping/related features, and shall exclude minor (catch basin cleaning, sign replacement, pothole repair, etc.) maintenance and emergency repairs. 4. All Projects and Phases. Complete Streets infrastructure sufficient to enable reasonably safe travel along and across the right of way for each category of users shall be incorporated into all planning, funding, design, approval, and implementation processes for any construction, reconstruction, retrofit, maintenance, operations, alteration, or repair of streets (including streets, roads, highways, bridges, and other portions of the transportation system), except that specific infrastructure for a given category of users may be excluded if an exemption is approved via the process set forth in section C.1 of this policy. B. Implementation 1. Plan Consultation and Consistency. Maintenance, planning, and design of projects affecting the transportation system shall be consistent with the Contra Costa County General Plan, as well as other applicable bicycle, pedestrian, transit, multimodal, best practices, and other relevant documents. Where such consistency cannot be achieved without negative consequences, consistency shall not be required if the head of the relevant departments, or designees, provides written approval explaining the basis of such deviation. 2. Street Network/Connectivity. As feasible, and as opportunities arise, Contra Costa County shall incorporate Complete Streets infrastructure into existing streets to improve the safety and convenience of users, with the particular goal of creating a connected network of facilities accommodating each category of users, increasing connectivity across jurisdictional boundaries, and for accommodating existing and anticipated future areas of travel origination or destination. A well connected network should include non-motorized connectivity to schools, parks, Exhibit A July 12, 2016 Contra Costa County Board of Supervisors 634 commercial areas, civic destinations and regional non-motorized networks on both publically owned roads/land and private developments (or redevelopment areas). 3. Countywide Bicycle Advisory Committee (CBAC) Consultation. The CBAC may review the design principles used by staff to accommodate motor vehicle, bicycle, pedestrian, and transit modes of travel when reviewing projects. The CBAC will be engaged early in the planning and design stage to provide an opportunity for comments and recommendations regarding Complete Street features of major public transportation projects. 4. Evaluation. The County will establish a means to collect data and evaluate the implementation of complete streets policies. For example tracking the number of miles of paths, bike lanes and sidewalks, numbers of street crossings, signage etc. C. Exceptions 1. Required Findings and Leadership Approval for Exemptions. Plans or projects that seek exemptions from incorporating Complete Streets design principles must provide a written explanation of why accommodations for all modes were not included in the project. An exemption may be granted by the Director of Public Works or Director of Conservation and Development upon finding that inclusion of Complete Streets design principles are not possible or appropriate under one or more of the following circumstances: 1) bicycles or pedestrians are not permitted on the subject transportation facility pursuant to state or local laws; 2) inclusion of Complete Streets design principles would result in a disproportionate cost to the project; 3) there is a documented absence of current and future need and demand for Complete Streets design elements on the subject roadway; and, 4) one or more significant adverse effects would outweigh the positive effects of implementing Complete Streets design elements. Plans or projects that are granted exceptions must be made available for public review. July 12, 2016 Contra Costa County Board of Supervisors 635 July 12, 2016Contra Costa County Board of Supervisors636 July 12, 2016Contra Costa County Board of Supervisors637 RECOMMENDATION(S): ADOPT Resolution No. 2016/424 accepting completion of improvements for subdivision SD08-09247 for a project developed by Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corporation, as recommended by the Public Works Director, San Ramon (Dougherty Valley) area. (District II) FISCAL IMPACT: No fiscal impact. BACKGROUND: The developer has completed the improvements per the Subdivision Agreement, and in accordance with the Title 9 of the County Ordinance Code. CONSEQUENCE OF NEGATIVE ACTION: The completion of improvements will not be accepted and the warranty period will not begin. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/12/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I 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 12, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: R. Hutchins, Records, S. Reed, Design/Construction, C. Halford, Mapping, L. Lorentini, Engineering Services, L. Brown, Finance, C. Low, City of San Ramon C. 3 To:Board of Supervisors From:Julia R. Bueren, Public Works Director/Chief Engineer Date:July 12, 2016 Contra Costa County Subject:Accepting completion of public improvements for subdivision SD08-09247, San Ramon (Dougherty Valley) area. July 12, 2016 Contra Costa County Board of Supervisors 638 AGENDA ATTACHMENTS Resolution No. 2016/424 MINUTES ATTACHMENTS Signed: Resolution No. 2016/424 July 12, 2016 Contra Costa County Board of Supervisors 639 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 07/12/2016 by the following vote: AYE: Candace Andersen Mary N. Piepho Karen Mitchoff Federal D. Glover NO: ABSENT:John Gioia ABSTAIN: RECUSE: Resolution No. 2016/424 IN THE MATTER OF accepting completion of improvements for subdivision SD08-09247 for a project developed by Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corporation, as recommended by the Public Works Director, San Ramon (Dougherty Valley) area. (District II) The Public Works Director has notified this Board that the improvements in subdivision SD08-09247 have been completed as provided in the Subdivision Agreement with Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corporation, heretofore approved by this Board in conjunction with the filing of the Subdivision Map WHEREAS that the improvements have been COMPLETED as of April 27, 2016, thereby establishing the six month terminal period for the filing of liens in case of action under said Subdivision Agreement: DATE OF AGREEMENT: December 16, 2014 NAME OF SURETY: Western Surety Company that the improvements have been COMPLETED as of April 27, 2016, thereby establishing the six month terminal period for the filing of liens in case of action under said Subdivision Agreement: WHEREAS the payment (labor and materials) surety for $1,243,000.00, Bond No. 58719762 issued by the above surety be RETAINED for the six month lien guarantee period until December 21, 2016, at which time the Board AUTHORIZES the release of said surety less the amount of any claims on file. WHEREAS that Rowan Drive, Sonsilla Lane from Parcel J (Subdivision 9325) to Alpine Blue Drive, Alpine Blue Drive lot 52 to Ivyleaf Springs Road, Hyacinthus Court and Hyacinthus Lane for the hereinafter described public improvements, as shown and dedicated for public use on the Final Map of subdivision SD08-09247 filed December 22, 2014, in Book 522 of final maps at Page 19, Official Records of Contra Costa County, State of California, are ACCEPTED AS COMPLETE . WHEREAS that Drive-A and Drive-B for the hereinafter described private roads, as shown and dedicated for private use on the Final Map of subdivision SD08-9247 filed December 22, 2014, in Book 522 of final maps at Page 19, Official Records of Contra Costa County, State of California, have been COMPLETED and are NOT ACCEPTED, at this time. Road Name: Rowan Drive Length (miles): 0.13 Road/ROW Width 36’/46’ Road Name: Sonsilla Lane from Parcel J (Subdivision 9325) to Alpine Blue Drive Length (miles): 0.13 Road/ROW Width Varies 36’/46’to 55.80’/65.80’ Road Name: Alpine Blue Drive lot 52 to Ivyleaf Springs Road Length (miles): 0.31 Road/ROW Width 36’/46’ Road Name: Hyacinthus Court Length (miles): 0.07 Road/ROW Width Varies 36’/46’to 55’/65’ Road Name: Hyacinthus Lane Length (miles): 0.10 Road/ROW Width 36’/46’ WHEREAS that upon acceptance by the Board of Supervisors, the San Ramon City Council shall accept the improvements for maintenance and ownership in accordance with the Dougherty Valley Memorandum of Understanding. WHEREAS that upon approval by the Board of Supervisors, the developer, Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corporation, shall retain the improvements for maintenance and ownership in accordance with the geologic hazard abatement district (GHAD) plan of control, and until accepted by the GHAD or the City of San Ramon. NOW, THEREFORE, BE IT RESOLVED that upon approval by the Board of Supervisors, the developer, Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corporation, shall retain the improvements for maintenance and ownership in accordance with the geologic hazard abatement district (GHAD) plan of control, and until accepted by the GHAD or the City of San Ramon. 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. 4 1 July 12, 2016 Contra Costa County Board of Supervisors 640 Contact: Jocelyn LaRocque, 925-313-2315 ATTESTED: July 12, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: R. Hutchins, Records, S. Reed, Design/Construction, C. Halford, Mapping, L. Lorentini, Engineering Services, L. Brown, Finance, C. Low, City of San Ramon July 12, 2016 Contra Costa County Board of Supervisors 641 July 12, 2016Contra Costa County Board of Supervisors642 RECOMMENDATION(S): ADOPT Resolution No. 2016/426 accepting completion of the warranty period for the Subdivision Agreement (Right-of-Way Landscaping) and release of cash deposit for faithful performance, for landscape improvements for PA06-00039 (cross reference subdivision SD04-08856), for a project developed by Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corporation, as recommended by the Public Works Director, San Ramon (Dougherty Valley) area. (District II) FISCAL IMPACT: 100% Developer Fees. The funds to be released are developer fees that have been held on deposit. BACKGROUND: The landscape improvements have met the guarantee performance standards for the warranty period following completion and acceptance of the improvements. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/12/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I 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 12, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. Low, City of San Ramon C. 4 To:Board of Supervisors From:Julia R. Bueren, Public Works Director/Chief Engineer Date:July 12, 2016 Contra Costa County Subject:Accepting completion of the warranty period Subdivision Agreement (Right-of-Way Landscaping) for PA06-00039. July 12, 2016 Contra Costa County Board of Supervisors 643 CONSEQUENCE OF NEGATIVE ACTION: The developer will not receive a refund of the cash deposit, the Subdivision Agreement (Right-of-Way Landscaping) and performance/maintenance surety bond will not be exonerated, and the billing account will not be liquidated and closed. AGENDA ATTACHMENTS Resolution No. 2016/426 MINUTES ATTACHMENTS Signed: Resolution No. 2016/426 July 12, 2016 Contra Costa County Board of Supervisors 644 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 07/12/2016 by the following vote: AYE: Candace Andersen Mary N. Piepho Karen Mitchoff Federal D. Glover NO: ABSENT:John Gioia ABSTAIN: RECUSE: Resolution No. 2016/426 IN THE MATTER OF accepting completion of the warranty period for the Subdivision Agreement (Right-of-Way Landscaping) and release of cash deposit for faithful performance, for landscape improvements for PA06-00039, a project developed by Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corporation, as recommended by the Public Works Director, San Ramon (Dougherty Valley) area. (District II) WHEREAS on October 7, 2014, this Board resolved that the landscape improvements for PA06-00039 were completed as provided in the Subdivision Agreement (Right-of-Way Landscaping) with Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corporation and now on the recommendation of the Public Works Director; The Board hereby FINDS that the improvements have satisfactorily met the guaranteed performance standards for the period following completion and acceptance. NOW, THEREFORE, BE IT RESOLVED that the Public Works Director is AUTHORIZED to: REFUND the $114,000.00 cash deposit (Auditor’s Deposit Permit No. 630700, dated May 2, 2013) plus interest to Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corporation in accordance with Government Code Section 53079, if appropriate, Ordinance Code Section 94-4.406, and the subdivision agreement. BE IT FURTHER RESOLVED that upon completion of the warranty and maintenance period, the San Ramon City Council shall accept the landscape improvements for maintenance and ownership in accordance with the Dougherty Valley Memorandum of Understanding. BE IT FURTHER RESOLVED that the warranty period has been completed and the Subdivision Agreement (Right-of-Way Landscaping) and surety bond, Bond No. 929 569 050 dated April 16, 2013, issued by the Continental Insurance Company, are exonerated. 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 12, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. Low, City of San Ramon 4 1 July 12, 2016 Contra Costa County Board of Supervisors 645 July 12, 2016Contra Costa County Board of Supervisors646 RECOMMENDATION(S): ADOPT Resolution No. 2016/431 approving the fourth extension of the Subdivision Improvement Agreement (Right-of-Way Landscaping) for subdivision SD08-09165, for a project being developed by Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corporation, as recommended by the Public Works Director, San Ramon (Dougherty Valley) area. FISCAL IMPACT: No fiscal impact. BACKGROUND: The terminal date of the Subdivision Improvement Agreement (Right-of-Way Landscaping) needs to be extended. (Approximately 100% of the work has been completed to date.) The development is in the warranty period and the bond needs to be kept up to date. CONSEQUENCE OF NEGATIVE ACTION: The terminal date of the Subdivision Improvement Agreement (Right-of-Way APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/12/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I 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 12, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: J. LaRocque, Engineering Services, L. Lorentini, Engineering Services, S. Reed, Design/Construction, C. Low, City of San Ramon C. 7 To:Board of Supervisors From:Julia R. Bueren, Public Works Director/Chief Engineer Date:July 12, 2016 Contra Costa County Subject:Approving the fourth extension of the Subdivision Improvement Agreement (Right-of-Way Landscaping) for subdivision SD08-09165, San Ramon July 12, 2016 Contra Costa County Board of Supervisors 647 CONSEQUENCE OF NEGATIVE ACTION: (CONT'D) Landscaping) 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. AGENDA ATTACHMENTS Resolution No. 2016/431 MINUTES ATTACHMENTS Signed: Resolution No. 2016/431 July 12, 2016 Contra Costa County Board of Supervisors 648 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 07/12/2016 by the following vote: AYE: Candace Andersen Mary N. Piepho Karen Mitchoff Federal D. Glover NO: ABSENT:John Gioia ABSTAIN: RECUSE: Resolution No. 2016/431 IN THE MATTER OF approving the fourth extension of the Subdivision Improvement Agreement (Right-of-Way Landscaping) for subdivision SD08-09165, for a project being developed by Shapell Homes, A Division of Shapell Industries, Inc., A Delaware Corporation, as recommended by the Public Works Director, San Ramon (Dougherty Valley) area. (District II) WHEREAS the Public Works Director having recommended that she be authorized to execute the fourth agreement extension which extends the Subdivision Improvement Agreement (Right-of-Way Landscaping) between Shapell Homes, A Division of Shapell Industries, Inc., A Delaware Corporation and the County for construction of certain improvements in SD08-09165, San Ramon (Dougherty Valley) area, through May 3, 2017. APPROXIMATE PERCENTAGE OF WORK COMPLETE: 100% ANTICIPATED DATE OF COMPLETION: Completed BOND NO.: 929 518 818 Date: March 11, 2011 REASON FOR EXTENSION: The development is in the warranty period and the bond needs to be kept up to date. 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 12, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: J. LaRocque, Engineering Services, L. Lorentini, Engineering Services, S. Reed, Design/Construction, C. Low, City of San Ramon 4 1 July 12, 2016 Contra Costa County Board of Supervisors 649 July 12, 2016Contra Costa County Board of Supervisors650 RECOMMENDATION(S): ADOPT Resolution No. 2016/430 approving the third extension of the Road Improvement Agreement (Right-of-Way Landscaping) for road acceptance RA04-01168 (cross-reference SD04-8856), for a project being developed by Shapell Homes, A Division of Shapell Industries, Inc., A Delaware Corporation, as recommended by the Public Works Director, San Ramon (Dougherty Valley) area. (District II) FISCAL IMPACT: No fiscal impact. BACKGROUND: The terminal date of the Road Improvement Agreement (Right Of Way Landscaping) needs to be extended. (Approximately 100% of the work has been completed to date.) The development is in the warranty period and the bond needs to be kept up to date. CONSEQUENCE OF NEGATIVE ACTION: The terminal date of APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/12/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I 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 12, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: J. LaRocque, Engineering Services, L. Lorentini, Engineering Services, S. Reed, Design/Construction, C. Low, City of San Ramon C. 6 To:Board of Supervisors From:Julia R. Bueren, Public Works Director/Chief Engineer Date:July 12, 2016 Contra Costa County Subject:Approving the third extension of the Road Improvement Agreement (Right-of-Way Landscaping) for road acceptance RA04-01168, San Ramon. July 12, 2016 Contra Costa County Board of Supervisors 651 CONSEQUENCE OF NEGATIVE ACTION: (CONT'D) the Road Improvement Agreement (Right Of Way Landscaping) 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. AGENDA ATTACHMENTS Resolution No. 2016/430 MINUTES ATTACHMENTS Signed: Resolution No. 2016/430 July 12, 2016 Contra Costa County Board of Supervisors 652 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 07/12/2016 by the following vote: AYE: Candace Andersen Mary N. Piepho Karen Mitchoff Federal D. Glover NO: ABSENT:John Gioia ABSTAIN: RECUSE: Resolution No. 2016/430 IN THE MATTER OF approving the third extension of the Road Improvement Agreement (Right-of-Way Landscaping) for road acceptance RA04-01168, for a project being developed by Shapell Homes, a Division of Shapell Industries, Inc., A Delaware Corporation, as recommended by the Public Works Director, San Ramon (Dougherty Valley) area. (District II) WHEREAS the Public Works Director having recommended that she be authorized to execute the third agreement extension which extends the Road Improvement Agreement (Right-of-Way Landscaping) between Shapell Homes, A Division of Shapell Industries, Inc., A Delaware Corporation and the County for construction of certain improvements in RA04-01168, (cross-reference SD04-8856), San Ramon (Dougherty Valley) area, through May 12, 2017. APPROXIMATE PERCENTAGE OF WORK COMPLETE: 100% ANTICIPATED DATE OF COMPLETION: Completed BOND NO.: 929 474 609 Date: April 3, 2009 REASON FOR EXTENSION: The development is in the warranty period and the bond needs to be kept up to date. 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 12, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: J. LaRocque, Engineering Services, L. Lorentini, Engineering Services, S. Reed, Design/Construction, C. Low, City of San Ramon 4 1 July 12, 2016 Contra Costa County Board of Supervisors 653 July 12, 2016Contra Costa County Board of Supervisors654 RECOMMENDATION(S): ADOPT Resolution No. 2016/425 ratifying the prior decision of the Public Works Director, or designee, to partially close a portion of Fred Jackson Way between Market Ave and Chesley Ave, on July 4, 2016 from 9:00 AM through 3:00 PM, for the purpose of 4th of July parade and festival N. Richmond area. ( District I) 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: 07/12/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I 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 12, 2016 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 12, 2016 Contra Costa County Subject:Ratify the prior decision to partially close a portion of Fred Jackson Way for the 4th of July parade and festival, N. Richmond area. July 12, 2016 Contra Costa County Board of Supervisors 655 AGENDA ATTACHMENTS Resolution No. 2016/425 MINUTES ATTACHMENTS Signed: Resolution No. 2016/425 July 12, 2016 Contra Costa County Board of Supervisors 656 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 07/12/2016 by the following vote: AYE: Candace Andersen Mary N. Piepho Karen Mitchoff Federal D. Glover NO: ABSENT:John Gioia ABSTAIN: RECUSE: Resolution No. 2016/425 IN THE MATTER OF: Ratifying the prior decision of the Public Works Director, or designee, to partially close a portion of Fred Jackson Way between Market Avenue and Chesley Avenue, on July 4, 2016 from 9:00 AM through 3:00 PM, for the purpose of 4th of July parade and festival, N. Richmond area. ( District I) RC16-3 NOW, THEREFORE, BE IT RESOLVED that permission is granted to Eleanor Thompson to partially close Fred Jackson Way between Market Avenue and Chesley Avenue, except for emergency traffic, on July 4, 2016 for the period of 9:00 AM through 3:00 PM, subject to the following conditions: 1. Traffic will be detoured via neighboring streets per plan reviewed by Public Works. 2. All signing to be in accordance with the California Manual on Uniform Traffic Control Devices. 3. Eleanor Thompson shall comply with requirements of the Ordinance Code of Contra Costa County. 4. Provide the County with a Certificate of Insurance in the amount of $1,000,000,.00 for Comprehensive General Public Liability which names the County as an additional insured prior to permit issuance. 5. Obtain approval for the closure from the Sheriff's Department, the California Highway Patrol and the Fire District. 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 12, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: 4 1 July 12, 2016 Contra Costa County Board of Supervisors 657 July 12, 2016Contra Costa County Board of Supervisors658 RECOMMENDATION(S): ADOPT Resolution No. 2016/456 ratifying the prior decision of the Public Works Director, or designee, to fully close all of Rolph Avenue, on July 17, 2016 from 6:00 AM through 8:00 PM, for the purpose of 8th Annual Sugartown Festival, Crockett area. (District I) 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: 07/12/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I 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 12, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 8 To:Board of Supervisors From:Julia R. Bueren, Public Works Director/Chief Engineer Date:July 12, 2016 Contra Costa County Subject:Ratifying the prior decision of the Public Works Director, or designee, to fully close all of Rolph Avenue, on July 17, 2016 from 6:00 AM thru 8:00 PM July 12, 2016 Contra Costa County Board of Supervisors 659 AGENDA ATTACHMENTS Resolution No. 2016/456 MINUTES ATTACHMENTS Signed: Resolution No. 2016/456 July 12, 2016 Contra Costa County Board of Supervisors 660 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 07/12/2016 by the following vote: AYE: Candace Andersen Mary N. Piepho Karen Mitchoff Federal D. Glover NO: ABSENT:John Gioia ABSTAIN: RECUSE: Resolution No. 2016/456 IN THE MATTER OF ratifying the prior decision of the Public Works Director, or designee, to fully close all of Rolph Avenue, on July 17, 2016 from 6:00 AM through 8:00 PM, for the purpose of 8th Annual Sugartown Festival, Crockett area. (District I) RC16-4 NOW, THEREFORE, BE IT RESOLVED that permission is granted to Crockett Chamber of Commerce to fully close Rolph Avenue, except for emergency traffic, on July 17, 2016 for the period of 6:00 AM through 8:00 PM, subject to the following conditions: 1. Traffic will be detoured via neighboring streets per plan reviewed by Public Works. 2. All signing to be in accordance with the California Manual on Uniform Traffic Control Devices. 3. Crockett Chamber of Commerce shall comply with the requirements of the Ordinance Code of Contra Costa County. 4. Provide the County with a Certificate of Insurance in the amount of $1,000,000.00 for Comprehensive General Public Liability which names the County as an additional insured prior to permit issuance. 5. Obtain approval for the closure from the Sheriff’s Department, the California Highway Patrol and the Fire District. 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 12, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: 4 1 July 12, 2016 Contra Costa County Board of Supervisors 661 July 12, 2016Contra Costa County Board of Supervisors662 RECOMMENDATION(S): ADOPT Resolution 2016/435 calling for an appropriations limit increase election on November 8, 2016 for County Service Area (CSA) R-7A, as recommended by the Public Works Director, Alamo area. FISCAL IMPACT: 100% CSA R-7A Funds BACKGROUND: When the Gann Initiative (Proposition 4) became effective in 1979, it imposed a limit on the future expenditures of service issues. However, voter approved overrides allow for an increase in appropriation limits. CSA R-7A's override expired in Fiscal Year 2013/14. Based on historical information, without current override, the District would exceed its Fiscal Year 2015/16 appropriation limit. An override for Fiscal Years 2015/16 through 2018/19 (inclusive) will likely be required to cover any projected excess revenue in each of these fiscal years. It is recommended that the override be increased to $1,650,000. CONSEQUENCE OF NEGATIVE ACTION: The Alamo community will not have access to the entire limit of funding from CSA R-7A without voter approval for increasing the appropriations limit. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/12/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I Supervisor Contact: Susan Cohen, (925) 313-2160 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 12, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: R. Campbell, Auditor Controller , W. Quever, Finance, S. Konopasek, Elections, L. Texeira, LAFCO, J. Quallick, District II, A. Struthers, Alamo Municipal Advisory Council, J. Francisco, Franciso & Associates C. 13 To:Board of Supervisors From:Julia R. Bueren, Public Works Director/Chief Engineer Date:July 12, 2016 Contra Costa County Subject:Appropriation Limit Election for County Service Area R-7A, Alamo area. July 12, 2016 Contra Costa County Board of Supervisors 663 AGENDA ATTACHMENTS Resolution No. 2016/435 MINUTES ATTACHMENTS Signed: Resolution No. 2016/435 July 12, 2016 Contra Costa County Board of Supervisors 664 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 07/12/2016 by the following vote: AYE: Candace Andersen Mary N. Piepho Karen Mitchoff Federal D. Glover NO: ABSENT:John Gioia ABSTAIN: RECUSE: Resolution No. 2016/435 IN THE MATTER OF calling for an appropriations limit increase election within County Service Area R-7A, Alamo area. (District II) WHEREAS the Board of Supervisors of Contra Costa County as the Board of Directors of the County Service Area (CSA) R-7A RESOLVES THAT: NOW, THEREFORE, BE IT RESOLVED: 1. Date. Consolidation. Pursuant to Section 4 of Article XIII-B of the California State Constitution, an appropriations limit increase election is hereby called for CSA R-7A on November 8, 2016 and it shall be consolidated with any other election(s) in CSA R-7A on that date. 2. Ballot Measure. This election shall be conducted by submitting to the voters of CSA R-7A the ballot measure in substantially the following form: “Shall the appropriations limit under California Article XIII-B for County Service Area R-7A (Alamo Parks and Recreation) be increased to $1,650,000 and adjusted for changes in the cost-of-living and population, with the increase effective for the Fiscal Years 2015/2016 through 2019/2020 (inclusive) to provide for the expenditure of funds that will be available to the Service Area during the stated fiscal years?” 3. Notice. Conduct. The County Clerk (Elections) shall take all steps necessary to provide appropriate notice of the election and to conduct it in accordance with applicable provisions of the Elections Code (Sec. 5200 ff.) 4. Mail-Ballot. The election shall not be by mail ballot. Contact: Susan Cohen, (925) 313-2160 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 12, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: R. Campbell, Auditor Controller , W. Quever, Finance, S. Konopasek, Elections, L. Texeira, LAFCO, J. Quallick, District II, A. Struthers, Alamo Municipal Advisory Council, J. Francisco, Franciso & Associates 4 1 July 12, 2016 Contra Costa County Board of Supervisors 665 July 12, 2016Contra Costa County Board of Supervisors666 RECOMMENDATION(S): 1. APPROVE and AUTHORIZE the Chief Engineer of the Contra Costa County Flood Control and Water Conservation District (District), to execute a Grant Agreement, by and among the District, California Department of Water Resources (DWR) and American Rivers, Inc., (American Rivers) to fund the Three Creeks Restoration Project (Project), Brentwood area. (Project #7521-6D8176) 2. AUTHORIZE the District Chief Engineer to approve minor amendments to the Grant Agreement as may be necessary during the course of the Project, as described below. FISCAL IMPACT: Subject to conditions set forth in the Grant Agreement, DWR will provide up to $744,404 toward the estimated total Project cost of $2,738,954 and the District will provide an additional $25,000 from Zone 1 funds in the form of staff costs. Funds to pay the remaining Project costs will be provided by private organizations. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/12/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I 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 12, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Steve Kowalewski, Deputy Chief Engineer, Mike Carlson, Flood Control, Tim Jensen, Flood Control, Catherine Windham, Flood Control C. 16 To:Contra Costa County Flood Control District Board of Supervisors From:Julia R. Bueren, Public Works Director/Chief Engineer Date:July 12, 2016 Contra Costa County Subject:Approval of Grant Agreement with California Department of Water Resources and American Rivers, Inc. for Three Creeks Restoration Project, District III July 12, 2016 Contra Costa County Board of Supervisors 667 BACKGROUND: On December 16, 2014, the Board approved a grant application to the DWR Urban Streams Restoration Program to widen a portion of the Marsh Creek flood control channel and enhance the habitat values at the reach between the Union Pacific Railroad to the confluence with Sand Creek. The District and American Rivers were co-applicants, American Rivers being the Project sponsor and the District the co-sponsor. DWR approved the grant application. This Grant Agreement is required as a condition of disbursement of the grant funds. In the Grant Agreement, the District and American Rivers are described as a single grantee, with shared responsibilities. For this reason, a separate agreement between the District and American Rivers will be necessary to assign their obligations under the Grant Agreement. All of these obligations are conditioned upon District’s completion of an environmental review of the Project under the California Environmental Quality Act and upon approval of the Project by the Board. The Board retains full discretion whether to approve the Project. District staff anticipates returning to the Board at the end of this year after the CEQA review is complete. At that time, the Board will have an opportunity to consider whether to approve the Project and approve a separate agreement with American Rivers. The second recommendation above expands upon Paragraph 5 of Resolution 2014/458, adopted by the Board on December 16, 2014. Paragraph 5 appointed the Chief Engineer as agent to execute documents necessary for Project completion. Staff recommends that the Chief Engineer be authorized to also approve minor amendments to the Grant Agreement without further Board action. Minor amendments are defined as any of the following: (1) line item budget adjustments up to 20 percent of the original amount, (2) Project schedule changes, (3) revisions to the Project term, and (4) changes in Project report submittal requirements. CONSEQUENCE OF NEGATIVE ACTION: If the Grant Agreement is not approved and executed, state funding for this Project will not be provided. AGENDA ATTACHMENTS Draft Agreement MINUTES ATTACHMENTS Urban Streams Restoration Program Agreement July 12, 2016 Contra Costa County Board of Supervisors 668 Grant Agreement No. 4600011176 – DRAFT 6/28/15 Urban Streams Restoration Program 1 | P a g e GRANT AGREEMENT BETWEEN THE STATE OF CALIFORNIA THE NATURAL RESOURCES AGENCY DEPARTMENT OF WATER RESOURCES AND AMERICAN RIVERS AND CONTRA COSTA FLOOD CONTROL & WATER CONSERVATION DISTRICT 4600011176 FOR A GRANT UNDER THE URBAN STREAMS RESTORATION PROGRAM CALIFORNIA WATER CODE §7048 THIS AGREEMENT is entered into by and among the Department of Water Resources (DWR) of the State of California, herein referred to as the "State," the Project Sponsor, American Rivers, Inc. (“American Rivers”), and Project Co-sponsor Contra Costa County Flood Control & Water Conservation District (“District”). The Project Sponsor and Co-sponsor will be collectively referred to as “Grantee” throughout this Grant Agreement. The State and Grantee do hereby agree as follows: 1. PURPOSE. The purpose of this Grant Agreement is to provide Urban Stream Restoration Program (USRP) grant funds pursuant to California Water Code (CWC) Section 7048 and implementing regulations and as provided for by the Safe Drinking Water, Clean Water, Watershed Protection, and Flood Protection Act of 2000 (Proposition 13) for planning and implementation of a project affecting an Urban Stream which will reduce flooding and erosion damage, protect or restore natural ecological values of streams, and promote community involvement, education, or stewardship on Marsh Creek in Contra Costa County. 2. TERM OF GRANT AGREEMENT. The term of this Grant Agreement begins on the date this Grant Agreement is executed by State, and terminates on June 30, 2018, or when all of the Parties’ obligations under this Grant Agreement are fully satisfied, whichever occurs earlier. The execution date is the date the State signs this Grant Agreement indicated on page 9. 3. TOTAL PROJECT COST. The reasonable cost of the project described in Exhibit A (“Project”) is estimated to be $2,851,604. 4. GRANT AMOUNT. The amount payable by State under this Grant Agreement shall not exceed $744,404. Subject to the availability of funds, State shall provide a grant to Grantee to assist in financing the Project. 5. GRANTEE COST SHARE. No cost share is required for USRP grants. If Project costs exceed grant amount, the Grantee agrees to fund the difference between the estimated Total Project Cost in its grant application and the Grant Amount specified in Paragraph 4. 6. GRANTEE RESPONSIBILITY. Subject to the conditions precedent to performance set forth in Exhibit A, Grantee shall faithfully and expeditiously perform or cause to be performed the Project in accordance with Exhibits A through F, attached hereto and incorporated herein by this reference, and comply with all of the terms and conditions of this Grant Agreement, CWC Section 7048, Chapter 2.4 of Title 23 of the California Code of Regulations and all other applicable provisions of the CWC and California Public Resources Code. Any planning and design assistance provided to Grantees by DWR is provided pursuant to CWC Section 7048. 7. BASIC CONDITIONS. State shall have no obligation to disburse money for the Project under this Grant Agreement unless and until Grantee has satisfied the following conditions. a) An urban water supplier that receives grant funds governed by this Grant Agreement shall maintain compliance with the Urban Water Management Planning Act (CWC§10610 et. seq.) b) For the term of this Grant Agreement, Grantee submits timely Quarterly Progress Reports as required by Paragraph 18, “Submission of Reports.” c) Grantee submits deliverables as specified in Paragraph 21 of this Grant Agreement and in Exhibit A. d) Prior to the commencement of construction or implementation activities, Grantee shall submit the following to the State: i. When applicable, final plans and specifications certified by a California Registered Civil Engineer as to compliance for each approved project as listed in Exhibit A of this Grant Agreement. July 12, 2016 Contra Costa County Board of Supervisors 669 Grant Agreement No. 4600011176 Urban Streams Restoration Program 2 | P a g e ii. A monitoring and maintenance plan as required by Paragraph 21, “Project Monitoring and Maintenance Plan Requirements.” e) Work that is subject to CEQA and/or environmental permitting shall not proceed under this Grant Agreement until the following actions are performed: i. Grantee submits all applicable environmental permits as indicated on the Environmental Information Form to the State, ii. Documents that satisfy the CEQA process are received by the State, iii. State has completed its CEQA compliance review as a Responsible Agency, and iv. Grantee receives written concurrence from the State of Lead Agency’s CEQA document(s) and State notice of verification of environmental permit submittal. State’s concurrence with Lead Agency’s CEQA documents is fully discretionary and shall constitute a condition precedent to any work (i.e., construction or implementation activities) for which it is required. Once CEQA documentation has been completed, State will consider the environmental documents and decide whether to continue to fund the Project or to require changes, alterations or other mitigation. The parties acknowledge that any changes or alterations to the Project required by State may necessitate amendments to this Agreement. Grantee must demonstrate compliance with all applicable provisions of CEQA, including any tribal consultation requirements. Grantee must also demonstrate that it has complied with any and all applicable requirements of the National Environmental Policy Act by submitting copies of any environmental documents, including environmental impact statements, Finding of No Significant Impact, mitigation monitoring programs, and environmental permits as may be required prior to beginning construction/implementation. 8. BUDGET LINE ITEM FLEXIBILITY. a) Line Item Adjustment(s). Subject to the prior review and approval of the State’s Project Manager, adjustments between existing line item(s) may be used to defray allowable direct costs up to twenty percent (20%) of the Grant Amount, including any amendment(s) thereto. A line item adjustment in excess of twenty percent (20%) or the cumulative total of line item adjustments that exceed $200,000 shall require a formal Agreement amendment. If the Line Item Budget includes an amount for Personnel Services, that amount is based on the hours, classifications, and rates submitted by the Grantee in its application. Any changes to the hours, classifications, and rates must be approved, in advance and in writing, by the State’s Program Manager. b) Procedure to Request an Adjustment. Grantee may submit a request for an adjustment in writing to the State’s Program Manager at the address set forth in this Grant Agreement for State’s Project Manager. Such adjustment may not increase or decrease the total Grant Amount. The Grantee shall submit a copy of the original Agreement Budget sheet reflecting the requested changes. Changes shall be noted by striking the original amount(s) followed with revised change(s) in bold and underlined. Budget adjustments deleting a budget line item or adding a new budget line item requires a formal amendment and are not permissible under this provision. The State may also propose adjustments to the budget. 9. DISBURSEMENT OF GRANT FUNDS. Following the review of each invoice, State will disburse to Grantee the amount approved, subject to the availability of funds through normal State processes. Notwithstanding any other provision of this Grant Agreement, no disbursement shall be required at any time or in any manner which is in violation of, or in conflict with, federal or state laws, rules, or regulations, or which may require any rebates to the federal government, or any loss of tax-free status on state bonds, pursuant to any federal statute or regulation. For each project, funds will be disbursed by State in response to each approved invoice in accordance with Exhibit C. Any and all money disbursed to Grantee under this Grant Agreement and any and all interest earned by Grantee on such money shall be used solely to pay Eligible Project Costs. 10. ELIGIBLE PROJECT COST. Grantee shall apply State funds received to eligible project costs only, in accordance with applicable provisions of the law, and Exhibit C (Budget). Eligible project costs include the reasonable costs of studies, engineering, design, land and easement acquisition, legal fees, preparation of July 12, 2016 Contra Costa County Board of Supervisors 670 Grant Agreement No. 4600011176 Urban Streams Restoration Program 3 | P a g e environmental documentation, environmental mitigations, monitoring, and project construction. Work performed on the Project after May 22, 2015 (the “Award Date”), shall be eligible for reimbursement. Reasonable administrative expenses may be included as Project Costs and will depend on the complexity of the project preparation, planning, coordination, construction, acquisitions, implementation, and maintenance. Reimbursable administrative expenses are the necessary costs incidentally but directly related to the project including an appropriate pro-rata allocation of overhead and administrative expenses that are regularly assigned to all such projects in accordance with the standard accounting practices of the Grantee. Advanced funds will not be provided, unless as provided for in property right acquisition, explained in Paragraph 11. Costs that are not eligible for reimbursement include but are not limited to: a) Costs, other than those noted above, incurred prior to the Award Date of the Grant. b) Purchase of equipment not an integral part of a project. c) Establishing a reserve fund. d) Purchase of water supply. e) Replacement of existing funding sources for ongoing programs. f) Support of existing agency requirements and mandates (e.g. punitive regulatory agency requirements). g) Purchase of land in excess of the minimum required acreage necessary to operate as an integral part of a project, as set forth and detailed by engineering and feasibility studies, or land purchased prior to the effective date of the grant award with the State. h) Payment of principal or interest of existing indebtedness or any interest payments unless the debt is incurred after execution of this Grant Agreement, the State agrees in writing to the eligibility of the costs for reimbursement before the debt is incurred, and the purposes for which the debt is incurred are otherwise eligible costs. i) Overhead not directly related to project costs. j) Regular operation and maintenance costs. 11. PROPERTY RIGHTS ACQUISITIONS. Grantee may acquire real property rights for the purpose of the protection, restoration, and enhancement of urban stream channels. Whenever any real property fee title or interest is to be acquired with grant funds, the following shall apply: a) State will not make payments for property rights acquisitions in excess of fair market value; additionally the state will not participate in any transactions in excess of fair market value. b) Acquisitions will be backed by 1) an appraisal supporting the purchasing price, and 2) written concurrence from DWR or the State of California Department of General Services (DGS), attesting to the appraisal’s compliance with applicable DGS standards and requirements. For low value property interests, State, in its sole discretion, may waive any of the foregoing submittal requirements. c) Grantee shall submit a preliminary title report, vesting documents, and a fully conformed appraisal report to State pursuant to the Appraisal Report Provisions. The report shall be prepared and signed by a qualified general appraiser, who is licensed by the California Department of Real Estate Appraisers and demonstrates compliance with the Uniform Standards for Professional Appraisal Practices. d) The property rights shall be acquired from a willing seller and in compliance with current laws governing acquisition of properties by public agencies. e) Grantee shall provide sufficient notice to adjacent landowners and other members of the public to enable public input on interests that may be affected by the acquisition and changes in land use. f) Grantee shall use, manage, and maintain the property in a manner consistent with the purpose of the acquisition, for at least 20 years. Grantee further assumes all management and maintenance costs associated with the acquisition, including the costs of ordinary repairs and replacements of a recurring nature, and costs of enforcement of regulations. State shall not be liable for any cost of such management or maintenance. g) Grantee shall identify all riparian rights that will be affected by a real property acquisition and propose appropriate treatment of such rights. July 12, 2016 Contra Costa County Board of Supervisors 671 Grant Agreement No. 4600011176 Urban Streams Restoration Program 4 | P a g e h) Fee title shall generally be acquired by the local agency Sponsor. However, if the Co-sponsor has non-profit 501(c)(3) status, it may acquire fee title. In the latter case, fee title shall be transferred within 180 days after completion of the on-site work to the local agency Sponsor, which hereby agrees to accept such transfer. i) An Irrevocable Offer to dedicate real property interest for public use that is less than a fee title, such as an easement or license, shall be recorded concurrently with the instrument that conveys the real property interest to the Project Sponsor or Co-sponsor. j) Grantee shall complete an Example Land Acquisition Cost Schedule, which includes budget items relevant to the acquisition. k) Method of payment. Funds provided by State for real property acquisitions shall be deposited by State with an escrow holder acceptable to State and with escrow instructions regarding funding and disbursal provided by State. If the escrow does not close by the date set forth in State's escrow instructions, or such other date as may be agreed to by the parties, the funds shall be returned to State. l) Grantee shall supply a copy of any recorded vesting documents to State after close of escrow. 12. METHOD OF PAYMENT. After the disbursement requirements in Paragraph 7 “Basic Conditions” are met, State will disburse the whole or portions of the Grant commitment to Grantee at the address set forth in Paragraph 28, following receipt from Grantee of an invoice for costs incurred, and timely Quarterly Progress Reports as required by Paragraph 18, “Submission of Reports.” Invoices submitted by Grantee shall include the following information: a) Costs incurred for work performed in implementing the Project during the period identified in the particular invoice. b) Costs incurred for any interests in real property (land or easements) that have been necessarily acquired for the Project during the period identified in the particular invoice for the construction, operation, or maintenance of a project. For real property acquisition components of projects, see Paragraph 11, Property Rights Acquisitions. c) Appropriate receipts and reports for all costs incurred. d) Invoices shall be submitted on forms provided by State and shall meet the following format requirements: i. Invoices must contain the date of the invoice, the time period covered by the invoice, and the total amount due. ii. Invoices must be itemized based on the categories specified in Exhibit C. The amount claimed for salaries/wages/consultant fees must include a calculation formula (i.e., hours or days worked times the hourly or daily rate = the total amount claimed). iii. One set of sufficient evidence (i.e., receipts, copies of checks, time sheets) must be provided for all costs included in the invoice. iv. Each invoice shall clearly delineate those costs claimed for reimbursement from the State’s grant amount, and those costs that represent Grantee’s costs. v. Original signature and date (in ink) of Grantee’s Project Manager. e) Payment will be made no more frequent than monthly, in arrears, upon receipt of an invoice bearing the Grant Agreement number. Submit the original “wet signature” copy of the invoice form to the following address: Environmental Program Manager Integrated Regional Water Management (IRWM) Urban Streams Restoration Program 901 P Street, Room 411A Sacramento, California 95814 f) State reserves the right to retain a maximum of five percent (5%) of the funds requested by the Grantee’s reimbursement until State’s receipt of the Final Report as required by Paragraph 18 and Exhibit E or as otherwise authorized by the State. July 12, 2016 Contra Costa County Board of Supervisors 672 Grant Agreement No. 4600011176 Urban Streams Restoration Program 5 | P a g e g) State may reject an invoice if: a. It is submitted without signature b. It is submitted under signature of a person other than Grantee’ duly authorized representative c. Grantee fails to timely submit a final invoice within the time period specified in Paragraph 2. State will notify Grantee of any costs so rejected, and the reasons therefore. State may withhold up to 100 percent of payment for a specific statement of cost if the progress of the Project is not satisfactory. An invoice containing a mathematical error will be corrected by State, after notification to Grantee, and will thereafter be treated as if submitted in the corrected amount. State will provide Grantee with notification of the corrected invoice. h) State will notify Grantee, whenever, upon review of an invoice, State determines that any portion or portions of the costs claimed: i. Are ineligible to be paid under Federal or State law, or the terms of this Grant Agreement ii. Do not constitute Eligible Project Costs approved by State for funding under the terms of this Grant agreement iii. Are not supported by invoices or receipts acceptable to State. Grantee may, within thirty (30) days of the date of receipt of such notice, submit additional documentation to State to cure such deficiency(ies). If Grantee fails to timely submit adequate documentation curing the deficiency(ies), State will adjust the pending invoice by the amount of the ineligible and/or unapproved cost(s). 13. WITHHOLDING OF GRANT DISBURSEMENT BY STATE. If State determines that the Project is not being implemented in accordance with the provisions of this Grant Agreement, or that Grantee has failed in any other respect to comply with the provisions of this Grant Agreement, and if Grantee does not remedy any such failure to State’s satisfaction, State may withhold from Grantee all or any portion of the Grant Amount and take any other action that it deems necessary to protect its interests. Where a portion of the grant has been disbursed to the Grantee and State notifies Grantee of its decision not to release funds that have been withheld pursuant to Paragraph 9, the portion that has been disbursed shall thereafter be repaid immediately with interest at the California general obligation bond interest rate at the time the State notifies the Grantee, as directed by State. State may consider Grantee’s refusal to repay the requested disbursed grant amount a contract breach subject to the default provisions in Paragraph 14, “Default Provisions.” If State notifies Grantee of its decision to withhold the entire funding amount from Grantee pursuant to this paragraph, this Grant agreement shall terminate upon receipt of such notice by Grantee and the State shall no longer be required to provide funds under this Grant Agreement and the Grant Agreement shall no longer be binding on either party. 14. DEFAULT PROVISIONS. Grantee will be in default under this Grant Agreement if any of the following occurs: a) Breach of this Grant Agreement, or any supplement or amendment to it, or any other agreement between Grant Recipient and State evidencing or securing Grant Recipient’s obligations. b) Making any false warranty, representation, or statement with respect to this Grant Agreement. c) Failure to operate or maintain project in accordance with this Grant Agreement. d) Failure to make any remittance required by this Grant Agreement. Should an event of default occur, State may do any or all of the following: a) Declare the Grant be immediately repaid, with interest, which shall be equal to State of California general obligation bond interest rate in effect at the time of the default. b) Terminate any obligation to make future payments to Grantee. c) Terminate the Grant Agreement. d) Take any other action that it deems necessary to protect its interests. 15. PERMITS, LICENSES, APPROVALS, AND LEGAL OBLIGATIONS. Grantee shall be responsible for obtaining any and all permits, licenses, and approvals required for performing any work under this Grant Agreement, including those necessary to perform design, construction, or operation and maintenance of the Project. July 12, 2016 Contra Costa County Board of Supervisors 673 Grant Agreement No. 4600011176 Urban Streams Restoration Program 6 | P a g e Grantee shall be responsible for observing and complying with any applicable federal, state and local laws, rules or regulations affecting any such work, specifically those including, but not limited to, environmental, procurement, and safety laws, rules, regulations, and ordinances. Grantee shall provide copies of permits and approvals to the State prior to commencement of implementation activities. 16. RELATIONSHIP OF PARTIES. Grantee is solely responsible for design, construction, and operation and maintenance of the Project. Review or approval of plans, specifications, bid documents, or other construction documents by State is solely for the purpose of proper administration of grant funds by State and shall not be deemed to relieve or restrict responsibilities of Grantee under this Grant Agreement. 17. GRANTEE REPRESENTATIONS. Grantee accepts and agrees to comply with all terms, provisions, conditions, and commitments of this Grant Agreement, including all incorporated documents, and to fulfill all assurances, declarations, representations, and statements made by Grantee in the application, documents, amendments, and communications filed in support of its request for Safe Drinking Water, Clean Water, Watershed Protection, and Flood Protection Act of 2000 financing. 18. SUBMISSION OF REPORTS. The submittal and approval of all reports is a requirement for the successful completion of this Grant Agreement. Reports shall meet generally accepted professional standards for technical reporting and shall be proofread and corrected for content, numerical accuracy, spelling, and grammar prior to submittal to State. All reports shall be submitted to the State’s Project Manager, and shall be submitted in both electronic and hard copy forms. If requested, Grantee shall promptly provide any additional information deemed necessary by State for the approval of reports. Reports shall be presented in the formats described in the applicable portion of Exhibit E. The timely submittal of reports is a requirement for initial and continued disbursement of State funds. Submittal and subsequent approval by the State, of a Final Report is a requirement for the release of any funds retained for such project. a) Quarterly Progress Reports: Grantee shall submit Quarterly Progress Reports to meet the State’s requirement for disbursement of funds. Quarterly Progress Reports shall, in part, provide a brief description of the work performed, Grantees activities, milestones achieved, work planned for the next quarter, any accomplishments, and any problems encountered in the performance of the work under this Grant Agreement during the reporting period. The first Quarterly Progress Report should be submitted to the State no later than September 30, 2016, with future reports then due on successive three-month increments based on the invoicing schedule and this date. b) Final Reports: Upon completion of the Project, Grantee shall provide a final written report in a format as directed by the State in Exhibit E, that includes (but is not limited to) the following: i. A description of conditions before the Project was commenced. ii. A summary of the restoration and planning work and techniques used. iii. A description of the results of the Project. iv. An analysis of the techniques used, and a description of planned long-term monitoring. v. Photographs of progress and utilization of restoration techniques and activities. vi. Photographs of community participation in planning or implementation activities (i.e. design charettes, community meetings, site tours, volunteer workers) if part of the Project. vii. Photographs on-site before, during and after implementation to document Project conditions. Specific geographic positions through maps and/or GPS readings of where the photos were taken (photo-points), so images can be produced from the same vantage point in subsequent years to document long-term vegetation growth, channel formation, and geomorphic response to bankfull and flood flows. 19. PROJECT PERFORMANCE AND ASSURANCES. Grantee agrees to faithfully and expeditiously perform or cause to be performed all Project work described in Exhibit A under this Grant Agreement and implement the Project in accordance with applicable provisions of the law. Grantee and its representatives shall fulfill its obligations under the Grant Agreement, and shall be responsible for the performance of the Project. In July 12, 2016 Contra Costa County Board of Supervisors 674 Grant Agreement No. 4600011176 Urban Streams Restoration Program 7 | P a g e the event State finds it necessary to enforce this provision of this Grant Agreement in the manner provided by law, Grantee agrees to pay all costs incurred by State. 20. LABOR COMPLIANCE. The Grantee will be required to keep informed of and take all measures necessary to ensure compliance with applicable California Labor Code requirements, including, but not limited to, Section 1720 et seq. of the California Labor Code regarding public works, limitations on use of volunt eer labor (California Labor Code Section 1720.4) and payment of prevailing wages for work done and funded pursuant to this Agreement, including any payments to the Department of Industrial Relations under California Labor Code Section 1771.3. 21. PROJECT MONITORING AND MAINTENANCE PLAN REQUIREMENTS. Grantee agrees to use, manage, and maintain the property acquired, developed, rehabilitated or restored with the grant funds provided in this Grant Agreement consistent with the purposes of the program. A monitoring and maintenance plan shall be submitted to the State prior to disbursement of grant funds for construction or monitoring activities listed in this Grant Agreement. Monitoring and maintenance plans should include the following information: baseline conditions, a brief discussion of monitoring techniques to be used, frequency of actions and adaptive management, and the location of monitoring points and maintenance activities. Grantee or their successors may, with the written approval of State, transfer this responsibility to use, manage, and maintain the property. 22. STATEWIDE MONITORING REQUIREMENTS. Grantee shall ensure that all groundwater projects and projects that include groundwater monitoring requirements are consistent with the Groundwater Quality Monitoring Act of 2001 (Part 2.76 (commencing with Section 10780) of Division 6 of CWC) and, where applicable, that projects that affect water quality shall include a monitoring component that allows the integration of data into statewide monitoring efforts, including where applicable, the Surface Water Ambient Monitoring Program carried out by the State Water Resources Control Board. 23. NOTIFICATION OF STATE. Grantee shall promptly notify State, in writing, of the following items: a) Events or proposed changes that could affect the Work Plan, Budget, Schedule, or work performed under this Grant Agreement. Grantee agrees that no substantial change in the scope of the Project will be undertaken until written notice of the proposed change has been provided to State and State has given written approval for such change. Substantial changes generally include changes to the wording/scope of work, schedule or term, and budget. b) Any public or media event publicizing the accomplishments and/or results of this Grant Agreement and provide the opportunity for attendance and participation by State’s representatives. Grantee shall make such notification at least fourteen (14) calendar days prior to the event. c) Completion of work. Grantee shall notice the State of the Final inspection of the Project and provide State the opportunity to participate in the inspection. Grantee shall make such notification at least fourteen (14) calendar days prior to the final inspection. 24. NOTICES. Any notice, demand, request, consent, or approval that either party desires or is required to give to the other party under this Grant Agreement shall be in writing. Notices may be transmitted by any of the following means: a) By delivery in person. b) By certified U.S. mail, return receipt requested, postage prepaid. c) By “overnight” delivery service; provided that next -business-day delivery is requested by the sender. d) By electronic means. e) Notices delivered in person will be deemed effective immediately on receipt (or refusal of delivery or receipt). Notices sent by certified mail will be deemed effective given ten (10) calendar days after the date deposited with the U. S. Postal Service. Notices sent by overnight delivery service will be deemed effective one business day after the date deposited with the delivery service. Notices sent electronically will be effective on the date of transmission, which is documented in writing. July 12, 2016 Contra Costa County Board of Supervisors 675 Grant Agreement No. 4600011176 Urban Streams Restoration Program 8 | P a g e Notices shall be sent to all of the addresses below. Either party may, by written notice to the other, designate a different address that shall be substituted for the one below. Department of Water Resources Arthur Hinojosa Chief, Division of IRWM P.O. Box 942836 Sacramento CA 94236-0001 Contra Costa County Flood Control & Water Conservation District Julia R. Bueren Chief Engineer 255 Glacier Drive Martinez, CA 94553 American Rivers, Inc. Kristin May Chief Financial Officer 1101 14th Street, NW Suite 1400 Washington, DC 20005 25. PERFORMANCE EVALUATION. Upon completion of this Grant Agreement, Grantee’s performance will be evaluated by the State and a copy of the evaluation will be placed in the State file and a copy sent to the Grantee. 26. AMENDMENTS. The provisions of this Grant Agreement may be amended only by a written agreement between State and Grantee. 27. SURVIVAL. Any provision of this Grant Agreement that imposes an obligation after the termination or expiration of this Agreement shall survive the termination or expiration of this Grant Agreement. 28. PROJECT REPRESENTATIVES. The Project Representative for the State during the term of this Grant Agreement will be: Department of Water Resources Arthur Hinojosa Chief, Division of IRWM P.O. Box 942836 Sacramento CA 94236-0001 Phone: (916) 653-4736 Disbursements by the State under Paragraph 12 of this Grant Agreement will be sent to: American Rivers, Inc. Kristin May Chief Financial Officer 1101 14th Street, NW Suite 1400 Washington, DC 20005 Phone: (202) 347-7550 e-mail: kmay@americanrivers.org July 12, 2016 Contra Costa County Board of Supervisors 676 Grant Agreement No. 4600011176 Urban Streams Restoration Program 9 | P a g e Direct all inquiries to the Project Manager; The Project Manager for the State is: Department of Water Resources, IRWM Kevin Marr, Environmental Scientist Mailing Address: 901 P Street, Room 411A Sacramento, CA 95814 Phone: (916) 651-9621 e-mail: kevin.marr@water.ca.gov The Project Manager for the Grantee is: American Rivers, Inc. John Cain, Director of Conservation, CA Flood Management Mailing Address: 120 Union Street Nevada City, CA 95959 Phone: (510) 809-8010 e-mail: jcain@americanrivers.org The State may change its Project Representative, and either party may change its Project Manager, upon written notice to the other parties. 29. STANDARD PROVISIONS. The following Exhibits are attached and made a part of this Grant Agreement by this reference: Exhibit A – Work Plan Exhibit B – Schedule Exhibit C – Budget Exhibit D – Standard Conditions Exhibit E – Report Formats and Requirements Exhibit F – State Audit Document Requirements July 12, 2016 Contra Costa County Board of Supervisors 677 Grant Agreement No. 4600011176 Urban Streams Restoration Program 10 | P a g e IN WITNESS WHEREOF, the parties hereto have executed this Grant Agreement. STATE OF CALIFORNIA DEPARTMENT OF WATER RESOURCES ______________________________ Arthur Hinojosa, P.E., Chief Division of Integrated Regional Water Management Date__________________________ Approved as to Legal Form and Sufficiency ______________________________ Robin Brewer, Assistant Chief Counsel Office of Chief Counsel Date__________________________ SPONSOR: AMERICAN RIVERS, INC. By ___________________________ Signature W. Robert Irvin President Date__________________________ By ___________________________ Signature Kristin M. May Chief Financial Officer Date__________________________ Address: 1101 14th Street, NW Suite 1400 Washington, DC 20005 CO-SPONSOR: CONTRA COSTA COUNTY By ___________________________ FLOOD CONTROL & WATER Signature CONSERVATION DISTRICT Julia R. Bueren Chief Engineer Date__________________________ Address: 255 Glacier Drive Martinez, CA 94553 July 12, 2016 Contra Costa County Board of Supervisors 678 Grant Agreement No. 4600011176 Urban Streams Restoration Program 11 | P a g e [THIS PAGE LEFT INTENTIONALLY BLANK] July 12, 2016 Contra Costa County Board of Supervisors 679 Grant Agreement No. 4600011176 Urban Streams Restoration Program 12 | P a g e EXHIBIT A WORK PLAN AMERICAN RIVERS Three Creeks Restoration Project Project Goals and Objectives The objective of this Project is three-fold: 1) to restore and enhance the ecological viability of the riparian ecosystem along Marsh Creek, 2) to improve flood protection, and 3) to promote public awareness and local stewardship of Marsh Creek. The Project involves excavating a new floodplain and expanding the channel along 1,400 linear feet of Marsh Creek in Brentwood, CA to create enough room for both improved flood protection and establishment of three acres of riparian vegetation. The Project will also engage local residents through active stewardship (including volunteer opportunities and site visits) and by enhancing recreational opportunities along the creek. Project Administration Conditions: Notwithstanding any provision in the Grant Agreement to the contrary, the obligations of Grantee under the Grant Agreement are conditioned upon (1) completion by the Contra Costa County Flood Control & Water Conservation District (District) of an environmental review of the Project and all other required Project- related actions and proceedings under the California Environmental Quality Act (CEQA); and (2) District’s approval of the Project. The parties acknowledge that District has discretion to approve, modify or disapprove the Project, and that modifications of the Project by District may necessitate amendments to the Grant Agreement, including this Work Plan. District’s approval of the Project may include the approval and execution of an agreement between District and American Rivers, Inc. (American Rivers) that sets forth their respective roles and responsibilities under this Grant Agreement. American Rivers shall serve as the lead administrative and budgeting contact with the CA Department of Water Resources (DWR) for the Project under this Grant Agreement. American Rivers shall serve as DWR’s sole contact for invoicing and payment purposes under Section 12 of the Grant Agreement. Project Background Marsh Creek is currently a perennial stream that extends 30 miles from the eastern slope of Mount Diablo to the San Joaquin Delta. Marsh Creek is currently a trapezoidal flood control channel with steep (2:1 slope) earthen banks, a partially armored (rip rap) bottom, and non-native, weedy vegetation. The creek was channelized by the Soil Conservation Service in the early1960s to provide flood protection and erosion control for an agricultural landscape, but recent urbanization has increased both flood peaks and the need for improved flood protection. New residents and changing values have also changed expectations about how Marsh Creek should look and function. For over fifty years the District has prevented the establishment of any riparian vegetation in accordance with the original project operations and maintenance manual to maintain the flood control functions of the channel. Today, hundreds of residents walk along Marsh Creek daily and desire a more natural creek that is capable of supporting a diversity of native plant and animal species. The Project is a unique opportunity to excavate a new floodplain and expand the channel along 1,400 linear feet of creek between Sand Creek and the Union Pacific Railroad crossing to create enough room for both improved flood protection and establishment of riparian vegetation. American Rivers and the District are working together with the Friends of Marsh Creek Watershed, the City of Brentwood, and an adjacent developer to integrate the Project into linear parks and a subdivision planned for adjacent parcels. The Project and adjacent parks will transform this easily accessible area near downtown Brentwood into a natural destination spot for the community members of Brentwood, Oakley and the surrounding region. It will become a place where community members will travel to discover and enjoy the natural beauty of Marsh Creek, where they can stop and enjoy the shade, and look for river otters and spawning salmon. July 12, 2016 Contra Costa County Board of Supervisors 680 Grant Agreement No. 4600011176 Urban Streams Restoration Program 13 | P a g e Project Description The Project to be funded under Grant Agreement No. 4600011176 includes the planning, design, environmental review, and construction, of the widening and planting of a section of the Marsh Creek channel located in Brentwood, Contra Costa County. The Project also includes project management activities, community involvement and post-construction monitoring and maintenance. A detailed list of Project tasks to be completed is set forth below. The northern (downstream) Project limit is the Union Pacific Railroad and the southern (upstream) Project limit is the confluence with the District’s Sand Creek Flood Control Channel. The Project site lies along the western boundary of the Palmilla Subdivision located on Walnut Boulevard (Assessor Parcel Nos. 017 -170-007 and 017- 170-008). During the design phase, construction plans and specifications wi ll be developed and prepared for bidding. Biological, cultural and geotechnical studies will also need to be conducted by consultants or obtained from other agencies, and an environmental review by the District that complies with the California Environmen tal Quality Act will need to be completed. Regulatory permits will also need to be obtained. Overall project management and administration will be required to coordinate these phases of the Project as well as the construction phase of the Project. Construction will involve the removal of approximately 12,000 cubic yards of earth along 1,400 linear feet of the east bank of Marsh Creek in varying widths -- from 20 to 40 feet -- creating just over an acre of new floodplain. Excavation for the floodplain will include removing soil down to approximately 10 feet below the existing elevation and grading the creek bank to create a flatter 3:1 slope (vs. the existing 2:1 slope) between the upland and the newly created floodplain. After excavation and grading wor k, the new floodplain and east bank of Marsh Creek will be densely planted with native riparian and upland grasses, forbes, shrubs, and trees, creating just over an acre of riparian habitat. After construction, the Project will include three years of monitoring and maintenance of the new vegetation. Tasks and Deliverables Task 1: Project Management and Administration American Rivers will take the lead in fiscal management and reporting, developing and managing subcontracts, convening Project team meetings, developing and disseminating Project information, and coordinating with DWR. American Rivers will also report on Project performance. Deliverables  Quarterly and final task and financial reports  Contracts for any subcontracted work related to design, monitoring, cost estimating, and bid package development  Quarterly invoices  Quarterly project partner meetings Task 2: Planning, Design, Permitting, and CEQA Planning – American Rivers will obtain a survey of the creek and will retain Restoration Design Group (RDG) to design the Project. RDG will be required to create schematic (35-50% complete) and final (100% complete) designs based on conceptual Project designs prepared by RDG. RDG will also conduct hydraulic modeling, produce a hydraulic report to assess channel capacity and calculate manning’s n , and finalize a planting plan for the Project site. July 12, 2016 Contra Costa County Board of Supervisors 681 Grant Agreement No. 4600011176 Urban Streams Restoration Program 14 | P a g e Permitting – A consultant will be retained to prepare resource agency permit applications in consultation with the District. Permits will be obtained from the District, CA Department of Fish & Wildlife, U.S. Army Corps of Engineers, the Central Valley Regional Water Quality Control Board, and others as required. CEQA Compliance – The District will serve as the lead agency under CEQA. A consultant will be retained to develop CEQA documents in consultation with the District. Consultants will also be retained to conduct or obtain biological, cultural, and geotechnical studies. Deliverables:  Detailed site survey  Hydraulic modeling and report  Project design o Schematic (35-50% complete) o Final design (100% complete)  Planting plan  Surveys (biological, geotechnical, cultural)s)  CEQA review documents  Permit applications (1600, 401, 404, encroachment permit, grading permit)s)  Permits (1600, 401, 404, encroachment permit, grading permit) Task 3: Implementation/Construction Contractors will be retained to clear and grade the Project site and plant three acres of native riparian plantings. Approximately 12,000 cubic yards along 1,400 linear feet of the east bank of Marsh Creek will be excavated to create a new 20- to 40-foot wide floodplain surface along the east bank. Borrow material will be removed and deposited on another parcel under a separate agreement. Both sides of the channel will be hydro-seeded to create a dense ground cover of native grasses and forbs combined with a relative open canopy of native riparian shrubs and trees. Deliverables:  Bid package(s)  Contracts with contractors  Grading of Project site (excavation and fine grading)  Final Inspections; Certification of Registered Civil Engineer  Planting of Project site with native vegetation according to the planting plan  install signs Task 4: Monitoring and Maintenance Monitoring – The Project site will be documented before, during and after construction. A consultant will be retained to develop a vegetation monitoring plan to measure success and replace any defective plant material. Topographic changes on the floodplain channel will be monitored. Volunteers will be taught how to conduct basic vegetation and geomorphic monitoring , identify invasive weeds, and organize an invasive control plan as necessary. The District will conduct routine monitoring in compliance with the maintenance plan described below. July 12, 2016 Contra Costa County Board of Supervisors 682 Grant Agreement No. 4600011176 Urban Streams Restoration Program 15 | P a g e Maintenance – A long-term maintenance plan will be developed in consultation with District. A landscape maintenance contractor will be retained to provide three years of vegetation maintenance to limit invasive weeds and replace unsuccessful plant material. A long-term maintenance endowment will be established. District will provide a baseline level of maintenance of the channel. Guidelines for both maintenance and monitoring will be compiled into one comprehensive Operation and Maintenance Manual and Monitoring Plan. Deliverables:  Operation and Maintenance Manual and Monitoring Plan  Draft agreement(s) regarding management and maintenance of the site and adjacent park lands for consideration of other parties that use or manage the project site or adjacent lands.  Contract with landscape maintenance contractor.  Maintenance and monitoring training  Maintenance endowment  Two vegetation planting and maintenance events at Project site  Three annual monitoring and maintenance reports Task 5: Community Outreach and Involvement Local community members will be given an opportunity to participate in the planning, implementation, maintenance and monitoring of the project site. Signs will be installed to interpret the Project for the public and acknowledge DWR’s role. Deliverables:  Design presentation at two meetings of Friends of Marsh Creek Watershed (FOMCW)  Six updates in FOMCW monthly newsletter  One community site walk  Two newspaper articles in local and regional newspapers, two interpretive signs acknowledging DWR and state bond funds Project Location: 719 Monte Verde Lane, Brentwood, CA 94513 (GPS: 37.942294, -121.707694; Google Maps) July 12, 2016 Contra Costa County Board of Supervisors 683 Grant Agreement No. 4600011176 Urban Streams Restoration Program 16 | P a g e Project Site Map July 12, 2016 Contra Costa County Board of Supervisors 684 Grant Agreement No. 4600011176 – DRAFT 6/28/15 Urban Streams Restoration Program 17 | P a g e EXHIBIT B SCHEDULE AMERICAN RIVERS Three Creeks Restoration Project The schedule below presents target dates for the completion of the tasks identified in Exhibit A. 2016 2017 2018 2nd Qtr 3rd Qtr 4th Qtr 1st Qtr 2nd Qtr 3rd Qtr 4th Qtr 1st Qtr 2nd Qtr 3rd Qtr 4th Qtr Task 1: Project Administration Quarterly written and financial reports D D D D D D D D D Final Report D Subcontracts D D D D D D Timely invoices D D D D D D D D D Team Meetings D D D D D D D D D D Task 2: Planning, Design, Permitting, and CEQA Site Survey D Hydraulic Modeling Report D Refine Conceptual Design D 50 percent design D Final design (100 percent) D Planting plan D Surveys (biological, geotechnical, cultural) D Complete environmental review document D Permit applications D Task 3: Implementation/Construction Bid Package D Complete construction contracts D July 12, 2016 Contra Costa County Board of Supervisors 685 Grant Agreement No. 4600011176 Urban Streams Restoration Program 18 | P a g e Site grading D Site planting D 2016 2017 2018 Task 3: Continued 2nd Qtr 3rd Qtr 4th Qtr 1st Qtr 2nd Qtr 3rd Qtr 4th Qtr 1st Qtr 2nd Qtr 3rd Qtr 4th Qtr Install interpretive/acknowledgement signs D Task 4: Monitoring and Maintenance O & M manual and monitoring plan D Draft management and maintenance agreements D Establish $150k maintenance endowment D Maintenance and monitoring training D Maintenance contract (3 annual reports) D D Two volunteer planting and maintenance events at site D D Task 5: Community Outreach and Involvement Presentations at two FOMCW meetings D D Six updates in FOMCW newsletter D D D D D One Community Site walk D Two newspaper articles D July 12, 2016 Contra Costa County Board of Supervisors 686 Grant Agreement No. 4600011176 – DRAFT 6/28/15 Urban Streams Restoration Program 19 | P a g e EXHIBIT C BUDGET Three Creeks Restoration Project Budget Final: 10/06/15 Project Tasks Total Project Costs USRP Grant Funds Local Funds Other Funds* Task 1. Project Management & Administration $40,749 $14,749 $0 $26,000 Task 2. Design, CEQA, Permitting, Bidding $243,965 $106,965 $25,000 $112,000 Task 3. Implementation** $2,211,921 $559,371 $0 $1,652,550 Task 4. Monitoring and Maintenance $217,229 $52,229 $0 $165,000 Task 5. Community Involvement $25,090 $11,090 $0 $14,000 Total Project Costs $2,738,954 $744,404 $25,000 $1,969,550 *Other funding sources include the Bechtel Foundation, The Restoration Agreement Funds, NFWF, EPA, Developer obligations; local funds are from the Contra Costa County Flood Control & Water Conservation District. **The Project award was reduced by an amount of $82,713 from the application request July 12, 2016 Contra Costa County Board of Supervisors 687 Grant Agreement No. 4600011176 – DRAFT 6/28/15 Urban Streams Restoration Program 20 | P a g e EXHIBIT D STANDARD CONDITIONS D.1 ACCOUNTING AND DEPOSIT OF GRANT DISBURSEMENT: a) SEPARATE ACCOUNTING OF GRANT DISBURSEMENT AND INTEREST RECORDS: Grantee shall account for the money disbursed pursuant to this Grant Agreement separately from all other Grantee funds. Grantee shall maintain audit and accounting procedures that are in accordance with generally accepted accounting principles and practices, consistently applied. Grantee shall keep complete and accurate records of all receipts, disbursements, and interest earned on expenditures of such funds. Grantee shall require its contractors or subcontractors to maintain books, records, and other documents pertinent to their work in accordance with generally accepted accounting principles and practices. Records are subject to inspection by State at any and all reasonable times. b) FISCAL MANAGEMENT SYSTEMS AND ACCOUNTING STANDARDS: The Grantee agrees that, at a minimum, its fiscal control and accounting procedures will be sufficient to permit tracing of grant funds to a level of expenditure adequate to establish that such funds have not been used in violation of state law or this Grant Agreement. c) REMITTANCE OF UNEXPENDED FUNDS: Grantee, within a period of sixty (60) calendar days from the final disbursement from State to Grantee of grant funds, shall remit to State any unexpended funds that were disbursed to Grantee under this Grant Agreement and were not needed to pay Eligible Project Costs. D.2 ACKNOWLEDGEMENT OF CREDIT: Grantee shall include appropriate acknowledgement of credit to the State and to all cost-sharing partners for their support when promoting the Project or using any data and/or information developed under this Grant Agreement. During construction of the Project, Grantee shall install a sign at a prominent location which shall include a statement that the Project is financed under the Safe Drinking Water, Clean Water, Watershed Protection, and Flood Protection Act of 2000, administered by State of California, Department of Water Resources. Grantee shall notify State that the sign has been erected by providing them with a site map with the sign location noted and a photograph of the sign. D.3 AMENDMENT: No amendment or variation of the terms of this Grant Agreement shall be valid unless made in writing, signed by the parties and approved as required. No oral understanding or agreement not incorporated in the Grant Agreement is binding on any of the parties D.4 AMERICANS WITH DISABILITIES ACT: By signing this Grant Agreement, Grantee assures State that it complies with the Americans with Disabilities Act (ADA) of 1990, (42 U.S.C., 12101 et seq.), which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. D.5 AUDITS: State reserves the right to conduct an audit at any time between the execution of this Grant Agreement and the completion of the Project, with the costs of such audit borne by State. After completion of the Project, State may require Grantee to conduct a final audit, at Grantee’s expense, such audit to be conducted by and a report prepared by an independent Certified Public Accountant. Failure or refusal by Grantee to comply with this provision shall be considered a breach of this Grant Agreement, and State may take any action it deems necessary to protect its interests. Pursuant to Government Code Section 8546.7, the parties shall be subject to the examination and audit of State for a period of three years after final payment under this Grant Agreement with respect of all matters connected with this Grant Agreement, including but not limited to, the cost of administering this Grant Agreement. All records of Grantee or subcontractors shall be preserved for this purpose for at least three (3) years after Project completion. See Exhibit F for a listing of documents/records that State Auditors would need to review in the event of a grant being audited. July 12, 2016 Contra Costa County Board of Supervisors 688 Grant Agreement No. 4600011176 Urban Streams Restoration Program 21 | P a g e D.6 BUDGET CONTINGENCY/LIMIT ON STATE FUNDS If the Budget Act of the current year covered under this Grant Agreement does not appropriate sufficient funds for the Urban Streams Restoration Program, this Grant Agreement shall be of no force and effect. This provision shall be construed as a condition precedent to the obligation of State to make any payments under this Grant Agreement. In this event, State shall have no liability to pay any funds whatsoever to Grantee or to furnish any other considerations under this Grant Agreement and Grantee shall not be obligated to perform any provisions of this Grant Agreement. Nothing in this Grant Agreement shall be construed to provide Grantee with a right of priority for payment over any other Grantee. If funding for any fiscal year after the current year covered by this Grant Agreement is reduced or deleted by the Budget Act for purposes of this program, State shall have the option to either cancel this Grant Agreement with no liability occurring to State, or offer a Grant Agreement amendment to Grantee to reflect the reduced amount. D.7 CHILD SUPPORT COMPLIANCE ACT: For any Grant Agreement in excess of $100,000, the Grantee acknowledges in accordance with Public Contract Code Section 7110, that: a) The Grantee recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code; and b) The Grantee, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department. D.8 COMPETITIVE BIDDING AND PROCUREMENTS: Grantee shall comply with all applicable laws and regulations regarding securing competitive bids and undertaking competitive negotiations in Grantee’s contracts with other entities for acquisition of goods and services and construction of public works with funds provided by State under this Grant Agreement. D.9 COMPUTER SOFTWARE: The Grantee certifies that it has appropriate systems and controls in place to ensure that state funds will not be used in the performance of this Grant Agreement for the acquisition, operation, or maintenance of computer software in violation of copyright laws. D.10 CONFLICT OF INTEREST a) Current State Employees: No State officer or employee shall engage in any employment, activity, or enterprise from which the officer or employee receives compensation or has a financial interest and which is sponsored or funded by any State agency, unless the employment, activity, or enterprise is required as a condition of regular State employment. No State officer or employee shall contract on his or her own behalf as an independent contractor with any State agency to provide goods or services. b) Former State Employee: For the two-year period from the date he or she left State employment, no former State officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements, or any part of the decision-making process relevant to the contract while employed in any capacity by any State agency. For the twelve-month period from the date he or she left State employment, no former State officer or employee may enter into a contract with any State agency if he or she was employed by that State agency in a policy-making position in the same general subject area as the proposed contract within the twelve-month period prior to his or her leaving State service. D.11 DISPOSITION OF EQUIPMENT: Grantee shall provide to State, not less than 30 days prior to submission of the final project invoice, a final inventory list of equipment purchased with grant funds provided by State. Grantee shall consult with State on the scope of the inventory not less than 60 days prior to the submission of the final project invoice. The inventory shall include all items with a current estimated fair market value of more than $5,000 per item. Within 60 days of receipt of such inventory, State shall provide Grantee with a list of the items on the inventory that State will take title to. All other items shall become the property of Grantee. State shall arrange for delivery from Grantee of items that it takes title to. Cost of transportation, if any, shall be borne by State. D.12 DISPUTES: In the event of an invoice dispute, payment will not be made until the dispute is resolved and a corrected invoice submitted. Failure to use the address exactly as provided may result in return of the July 12, 2016 Contra Costa County Board of Supervisors 689 Grant Agreement No. 4600011176 Urban Streams Restoration Program 22 | P a g e invoice to the Grantee. Payment shall be deemed complete upon deposit of the payment, properly addressed, postage prepaid, in the United States mail. Any claim that Grantee may have regarding the performance of this Grant Agreement including, but not limited to claims for additional compensation or extension of time, shall be submitted to the Director, Department of Water Resources, within thirty (30) calendar days of Grantee’s knowledge of the claim. State and Grantee shall then attempt to negotiate a resolution of such claim and process an amendment to the Grant Agreement to implement the terms of any such resolution. D.13 DRUG-FREE WORKPLACE CERTIFICATION Certification of Compliance: By signing this Grant Agreement, Grantee, certifies and will cause its contractors under this Grant Agreement to certify, under penalty of perjury under the laws of State of California, compliance with the requirements of the Drug-Free Workplace Act of 1990 (Government Code Section 8350 et seq.) and have or will provide a drug-free workplace by taking the following actions: a) Publish a statement notifying employees, contractors, and subcontractors that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees, contractors, or subcontractors for violations, as required by Government Code Section 8355(a). b) Establish a Drug-Free Awareness Program, as required by Government Code Section 8355(b) to inform employees, contractors, or subcontractors about all of the following: 1. The dangers of drug abuse in the workplace, 2. Grantee’s policy of maintaining a drug-free workplace, 3. Any available counseling, rehabilitation, and employee assistance programs, and 4. Penalties that may be imposed upon employees, contractors, and subcontractors for drug abuse violations. c) Provide as required by Government Code Section 8355(c), that every employee, contractor, and/or subcontractor who works under this Grant Agreement: 1. Will receive a copy of Grantee’s drug-free policy statement, and 2. Will agree to abide by terms of Grantee’s condition of employment, contract or subcontract. D.14 FINAL INSPECTIONS AND CERTIFICATION OF REGISTERED CIVIL ENGINEER : Upon completion of a construction project and as determined by State, Grantee shall provide for a final inspection and certification by a California Registered Civil Engineer that the project has been completed in accordance with submitted final plans and specifications and any modifications thereto and in accordance with this Grant Agreement and to the State’s satisfaction. D.15 GOVERNING LAW: This Grant Agreement is governed by and shall be interpreted in accordance with the laws of the State of California. D.16 INCOME RESTRICTIONS: The Grantee agrees that any refunds, rebates, credits, or other amounts (including any interest thereon) accruing to or received by the Grantee under this Grant Agreement shall be paid by the Grantee to the State, to the extent that they are properly allocable to costs for which the Grantee has been reimbursed by the State under this Grant Agreement. D.17 INDEPENDENT CAPACITY: Grantee, and the agents and employees of Grantee, if any, in the performance of the Grant Agreement, shall act in an independent capacity and not as officers, employees, or agents of the State. D.18 INSPECTIONS: State shall have the right to inspect the work being performed at any and all reasonable times during the term of the Grant Agreement. This right shall extend to any local project sponsor, subagreements, and Grantee shall include provisions ensuring such access in all its contracts or subcontracts entered into pursuant to its Grant Agreement with State. Grantee acknowledges that records related to the Project may be subject to disclosure under the Public Records Act (California Government Code Section 6250 et. seq.) unless an exemption applies. State shall have the right to inspect the Grantee’s office at any and all reasonable times after completion of the project to ensure compliance with the terms and conditions of this Grant Agreement. During regular office hours, State shall have the right to inspect July 12, 2016 Contra Costa County Board of Supervisors 690 Grant Agreement No. 4600011176 Urban Streams Restoration Program 23 | P a g e and to make copies of any books, records, or reports of the Grantee relating to this Grant Agreement. Grantee shall maintain and shall make available at all times for such inspection accurate records of its costs, disbursements, and receipts with respect to its activities under this Grant Agreement. Failure or refusal by Grantee to comply with this provision shall be considered a breach of this Grant Agreement, and State may withhold disbursements to Grantee or take any other action it deems necessary to protect its interests. D.19 NONDISCRIMINATION: During the performance of this Grant Agreement, Grantee and its contractors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (cancer), age (over 40), marital status, and denial of family care leave. Grantee and contractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Grantee and contractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code Section 12990 (a-f) et seq.) and the applicable regulations promulgated there under (California Code of Regulations, Title 2, Section 7285 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Grant Agreement by reference and made a part hereof as if set forth in full. Grantee and its contractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. Grantee shall include the nondiscrimination and compliance provisions of this clause in all contracts to perform work under the Grant Agreement. D.20 NO THIRD PARTY RIGHTS: The parties to this Grant Agreement do not intend to create rights in, or grant remedies to, any third party as a beneficiary of this Grant Agreement, or of any duty, covenant, obligation or undertaking established herein. D.21 PROHIBITION AGAINST DISPOSAL OF PROJECT WITHOUT STATE PERMISSION: Grantee shall not sell, abandon, lease, transfer, exchange, mortgage, hypothecate, or encumber in any manner whatsoever all or any portion of any real or other property necessarily connected or used in conjunction with the Project without prior permission of State. Grantee shall not take any action concerning the performance of this Grant Agreement, including but not limited to actions relating to user fees, charges, and assessments that could adversely affect the ability of Grantee to meet its obligations under this Grant Agreement, without prior written permission of State. State may require that the proceeds from the disposition of any real or personal property acquired through this Grant Agreement be remitted to State. D.22 REMEDIES, COSTS, AND ATTORNEY FEES: The Grantee agrees that any remedy provided in this Grant Agreement is in addition to and not in derogation of any other legal or equitable remedy available to the State as a result of breach of this Grant Agreement by the Grantee, whether such breach occurs before or after completion of the Project, and exercise of any remedy provided by this Grant Agreement by the State shall not preclude the State from pursuing any legal remedy or right which would otherwise be available. In the event of litigation between the parties hereto arising from this Grant Agreement, it is agreed that the prevailing party shall be entitled to such reasonable costs and/or attorney fees as may be ordered by the court entertaining such litigation. D.23 RETENTION: Notwithstanding any other provision of this Grant Agreement, State shall, for each project, withhold five percent (5.0%) of the funds requested by Grantee for reimbursement of Eligible Costs until the project is completed and Grantee has met requirements of Paragraph 18, “Submissions of Reports.” Grantee may submit a request to the State to exempt the Grantee from the retention requirement, or request payment of retention at the close of specific tasks shown in Exhibit A. Waiving the Grantees retention requirement is at the sole discretion of the State. D.24 RIGHTS IN DATA: The Grantee agrees that all data, plans, drawings, specifications, reports, computer programs, operating manuals, notes, and other written or graphic work produced in the performance of this Grant Agreement shall be in the public domain. The Grantee may disclose, disseminate and use in whole or in part, any final form data and information received, collected, and developed under this Grant Agreement, subject to appropriate acknowledgement of credit to the State for financial support. The July 12, 2016 Contra Costa County Board of Supervisors 691 Grant Agreement No. 4600011176 Urban Streams Restoration Program 24 | P a g e Grantee shall not utilize the materials for any profit-making venture or sell or grant rights to a third party who intends to do so. D.25 SEVERABILITY OF UNENFORCEABLE PROVISION: If any provision of this Grant Agreement is held invalid or unenforceable by a court of final jurisdiction, all other provisions of this Grant Agreement shall be construed to remain fully valid, enforceable, and binding on the parties. D.26 STATE REVIEWS AND INDEMNIFICATION: The parties agree that review or approval of Project applications, documents, permits, plans and specifications or other Project information by the State is for administrative purposes only and does not relieve the Grantee of the responsibility to properly plan, design, construct, operate, maintain, implement, or otherwise carry out the Project. To the extent permitted by law, the Grantee agree to indemnify, defend and hold harmless the State and the State against any loss or liability arising out of any claim or action brought against the State from and against any and all losses, claims, damages, liabilities or expenses, of every conceivable kind, character and nature whatsoever arising out of, resulting from, or in any way connected with: a) The Project or the conditions, occupancy, use, possession, conduct or management of, work done in or about, or the planning, design, acquisition, installation, or construction, of the Project or any part thereof; b) Performing any of the terms contained in this Grant Agreement or any related document; c) Any violation of any applicable law, rule or regulation, any environmental law (including, without limitation, the Federal Comprehensive Environmental Response, Compensation and Liability Act, the Resource Conservation and Recovery Act, the California Hazardous Substance Account Act, the Federal Water Pollution Control Act, the Clean Air Act, the California Hazardous Waste Control Law and CWC Section 13304, and any successors to said laws), rule or regulation or the release of any toxic substance on or near the System; or d) Any untrue statement or alleged untrue statement of any material fact or omission or alleged omission to state a material fact necessary to make the statements required to be stated therein, in light of the circumstances under which they were made, not misleading with respect to any information provided by the Grantee for use in any disclosure document utilized in connection with any of the transactions contemplated by this Grant Agreement. Grantee agrees to pay and discharge any judgment or award entered or made against the State with respect to any such claim or action, and any settlement, compromise or other voluntary resolution. The provisions of this section shall survive the term of the Grant Agreement. D.27 SUCCESSORS AND ASSIGNS: This Grant Agreement and all of its provisions shall apply to and bind the successors and assigns of the parties. No assignment or transfer of this Grant Agreement or any part thereof, rights hereunder, or interest herein by the Grantee shall be valid unless and until it is approved by State and made subject to such reasonable terms and conditions as State may impose. D.28 TERMINATION, IMMEDIATE REPAYMENT, INTEREST: This Grant Agreement may be terminated by written notice at any time prior to completion of the Project, at the option of the State, upon violation by the Grantee of any material provision after such violation has been called to the attention of the Grantee and after failure of the Grantee to bring itself into compliance with the provisions of this Grant Agreement within a reasonable time as established by the State. In the event of such termination, the Grantee agrees, upon demand, to immediately repay to the State an amount equal to the amount of grant funds disbursed to the Grantee prior to such termination. In the event of termination, interest shall accrue on all amounts due at the highest legal rate of interest from the date that notice of termination is mailed to the Grantee to the date of full repayment by the Grantee. D.29 UNENFORCEABLE PROVISION: In the event that any provision of this Grant Agreement is unenforceable or held to be unenforceable, then the parties agree that all other provisions of this Grant Agreement have force and effect and shall not be affected thereby. D.30 WAIVER OF RIGHTS: None of the provisions of this Grant Agreement shall be deemed waived unless expressly waived in writing. It is the intention of the parties here to that from time to time either party may waive any of its rights under this Grant Agreement unless contrary to law. Any waiver by either party of rights July 12, 2016 Contra Costa County Board of Supervisors 692 Grant Agreement No. 4600011176 Urban Streams Restoration Program 25 | P a g e arising in connection with the Grant Agreement shall not be deemed to be a waiver with respect to any other rights or matters, and such provisions shall continue in full force and effect. D.31 WITHHOLDING OF GRANT DISBURSEMENTS: The State may withhold all or any portion of the grant funds provided for by this Grant Agreement in the event that the Grantee has materially violated, or threatens to materially violate, any term, provision, condition, or commitment of this Grant Agreement; or the Grantee fails to maintain reasonable progress toward completion of the Project. July 12, 2016 Contra Costa County Board of Supervisors 693 Grant Agreement No. 4600011176 Urban Streams Restoration Program 26 | P a g e EXHIBIT E REPORT FORMAT AND REQUIREMENTS These reporting outlines should be followed. Submitting reports in an alternative format requires State approval. QUARTERLY PROGRESS REPORT Grantee shall submit Quarterly Progress Reports on a consistent basis to meet the State’s requirement for disbursement of funds. The quarterly progress report should describe the work performed during the reporting period. For each project, describe the work performed including: PROJECT INFORMATION (INCLUDE ANY OF THE BELOW THAT WERE APPLICABLE DURING THE REPORTING PERIOD)  Legal matters.  Engineering matters.  Environmental matters.  Status of permits, easements, rights-of-way, and approvals as may be required by other State, federal, and/or local agencies.  Major accomplishments during the quarter (i.e. tasks completed, milestones met, meetings held or attended, press releases, etc).  Discussion of data submittal effort(s) for the previous quarter, including a description of the data submitted and date(s) of submittal.  Issues/concerns that have, will, or could affect the schedule or budget, with a recommendation on how to correct the matter.  Description of any differences between the work performed and the work outlined in the project work plans. COST INFORMATION  Provide a Table showing all costs incurred during the quarter by the Grantee, and each contractor working on the project. The Table should include all costs as they relate to the Work Plan tasks.  A discussion on how the actual budget is progressing in comparison to the project budget included in the Work Plan.  A revised budget, including an explanation of why the revisions were necessary, by task, if changed from latest budget shown in Exhibit C, Budget. Note, a revised budget may require an official amendment to the Agreement before it is accepted as final. SCHEDULE INFORMATION  A schedule showing actual progress verse planned progress as shown in Exhibit B.  A discussion on how the actual schedule is progressing in comparison to the schedule in Exhibit B.  A revised schedule, by task, if changed from latest schedule in Exhibit B. Note, a revised schedule may require an official amendment to the Agreement before it is accepted as final. ANTICIPATED ACTIVITIES NEXT QUARTER  Provide a description of anticipated activities for the next quarterly reporting period. FINAL REPORT A Final Report is required for the project identified in the Work Plan, Exhibit A. This report will include the following Sections: EXECUTIVE SUMMARY The Executive Summary consists of a maximum of ten (10) pages summarizing project information (see report status section below for topics). The Executive Summary should include the following:  Brief description of work proposed to be done in the original USRP Grant application.  Description of actual work completed and any deviations from the work plan identified in the Grant Agreement. List any official amendments to the Agreement, with a short description of the amendment July 12, 2016 Contra Costa County Board of Supervisors 694 Grant Agreement No. 4600011176 Urban Streams Restoration Program 27 | P a g e METHODS/ANALYSIS/CONSTRUCTION/RESULTS  A description of conditions before the project was executed.  An analysis of the techniques used, and a description of planned long-term monitoring.  If applicable, describe the findings of any study and whether the study determined the engineering, hydrologic, hydrogeologic, environmental, economic and financial feasibility of the project.  A description of the results of the project.  Photographs of restoration techniques and activities; and community participation (i.e. design charettes, community meetings, site tours, volunteer workers) if part of the project.  Photographs during and after construction to document project conditions. Include specific geographic positions through mapped photo points and/or GPS readings, so images can be produced from the same vantage point in subsequent years to document long-term vegetation growth, channel formation, and geomorphic response to bankfull and flood flows. REPORTS AND/OR PRODUCTS  Provide a copy of any final technical report or study, produced for this project.  Provide a copy of the final Monitoring and Maintenance Plan for this project.  Provide a map and shapefile(s) showing the location of the completed project. A description of the geographic projection and datum used for the shapefile must be submitted with the shapefile; (e.g. NAD ’83 datum and either a UTM 10 or UTM 11 projection, dependent on the project’s location).  Provide an electronic copy of any as-built plans (media: DVD-ROM; PDF format).  For projects involving a modeling component, Grantee shall provide the major input data files, parameters, calibration statistics, and output files.  Provide copies of any data collected along with location maps. COST & DISPOSITION OF FUNDS INFORMATION  A summary Table of invoices showing:  The date each invoice was submitted to State.  The amount of the invoice.  The date the check was received.  The amount of the check (If a check has not been received for the final invoice, then state so).  A spreadsheet summary of the original budget costs by task versus the final project costs ADDITIONAL INFORMATION  A final project schedule showing actual progress verse planned progress.  Certification from a California Registered Civil Engineer that the project was conducted i n accordance with the approved Work Plan and any approved modifications thereto.  Submittal schedule for Monitoring Reports to be undertaken beyond the grant period and an outline of the proposed reporting format. ELECTRONIC REPORT FORMATTING Grantee agrees that work funded under this Grant Agreement will be provided in an electronic format to State. Electronic submittal of final reports, plans, studies, data, and other work performed under this grant shall be as follows:  Text preferably in MS WORD or text PDF format.  Files generally less than 10 MB in size.  Files named so that the public can determine their content. July 12, 2016 Contra Costa County Board of Supervisors 695 Grant Agreement No. 4600011176 Urban Streams Restoration Program 28 | P a g e EXHIBIT F STATE AUDIT DOCUMENT REQUIREMENTS The following provides a list of documents typically required by State Auditors and general guidelines for Grantee. List of documents pertains to both Grant, and Grantee’s Cost Share, and details the documents/records that State Auditors would need to review in the event of this Grant Agreement is audited. Grantee should ensure that such records are maintained for each funded project. List of Documents for Audit Internal Controls: 1. Organization chart (e.g., Agency’s overall organization chart and organization chart for this Grant Agreement’s funded projects. 2. Written internal procedures and flowcharts for the following: a. Receipts, deposits and disbursements b. State reimbursement requests c. Grant expenditure tracking d. Guidelines, policy, and procedures on grant funded Program/Project 3. Audit reports of the Agency internal control structure and/or financial statements within the last two years. 4. Prior audit reports on grant funded Program/Project. Agreements and Contracts: 1. Original signed Grant Agreement, any amendment(s) and budget modification documents. 2. A listing of all bond-funded grants received from the State. 3. A listing of all other funding sources for the project. 4. All subcontractor and consultant contracts and related or partners documents, if applicable. Invoices: 1. Invoices from vendors and subcontractors for expenditures submitted to the State for payments under this Grant Agreement. 2. Documentation linking subcontractor invoices to State reimbursement, requests and related budget line items under this Grant Agreement. 3. Reimbursement requests submitted to the State for this Grant Agreement. Cash Documents: 1. Receipts (copies of warrants) showing payments received from the State. 2. Deposit slips (or bank statements) showing deposit of the payments received from the State. 3. Cancelled checks or disbursement documents showing payments made to vendors, subcontractors, consultants, and/or agents under this Grant Agreement. 4. Bank statements showing the deposit of the receipts. Accounting Records: 1. Ledgers showing entries for receipts and cash disbursements. 2. Ledgers showing receipts and cash disbursement entries of other funding sources. 3. Bridging documents that tie the general ledger to requests for grant reimbursement. Administration Costs: Supporting documents showing the calculation of administration costs. Personnel: 1. List of all contractors and Agency staff that worked on this grant funded project. 2. Payroll records including timesheets for contractor staff and the Agency personnel who provided services charged to this Grant Agreement. Project Files: 1. All supporting documentation maintained in the project files. 2. All correspondence related to this Grant Agreement. July 12, 2016 Contra Costa County Board of Supervisors 696 Grant Agreement No. 4600011176 Urban Streams Restoration Program 1 | P a g e GRANT AGREEMENT BETWEEN THE STATE OF CALIFORNIA THE NATURAL RESOURCES AGENCY DEPARTMENT OF WATER RESOURCES AND AMERICAN RIVERS AND CONTRA COSTA FLOOD CONTROL & WATER CONSERVATION DISTRICT 4600011176 FOR A GRANT UNDER THE URBAN STREAMS RESTORATION PROGRAM CALIFORNIA WATER CODE §7048 THIS AGREEMENT is entered into by and among the Department of Water Resources (DWR) of the State of California, herein referred to as the "State," the Project Sponsor, American Rivers, Inc. (“American Rivers”), and Project Co-sponsor Contra Costa County Flood Control & Water Conservation District (“District”). The Project Sponsor and Co-sponsor will be collectively referred to as “Grantee” throughout this Grant Agreement. The State and Grantee do hereby agree as follows: 1. PURPOSE. The purpose of this Grant Agreement is to provide Urban Stream Restoration Program (USRP) grant funds pursuant to California Water Code (CWC) Section 7048 and implementing regulations and as provided for by the Safe Drinking Water, Clean Water, Watershed Protection, and Flood Protection Act of 2000 (Proposition 13) for planning and implementation of a project affecting an Urban Stream which will reduce flooding and erosion damage, protect or restore natural ecological values of streams, and promote community involvement, education, or stewardship on Marsh Creek in Contra Costa County. 2. TERM OF GRANT AGREEMENT. The term of this Grant Agreement begins on the date this Grant Agreement is executed by State, and terminates on June 30, 2018, or when all of the Parties’ obligations under this Grant Agreement are fully satisfied, whichever occurs earlier. The execution date is the date the State signs this Grant Agreement indicated on page 9. 3. TOTAL PROJECT COST. The reasonable cost of the project described in Exhibit A (“Project”) is estimated to be $2,738,954. 4. GRANT AMOUNT. The amount payable by State under this Grant Agreement shall not exceed $744,404. Subject to the availability of funds, State shall provide a grant to Grantee to assist in financing the Project. 5. GRANTEE COST SHARE. No cost share is required for USRP grants. If Project costs exceed grant amount, the Grantee agrees to fund the difference between the estimated Total Project Cost in its grant application and the Grant Amount specified in Paragraph 4. 6. GRANTEE RESPONSIBILITY. Subject to the conditions precedent to performance set forth in Exhibit A, Grantee shall faithfully and expeditiously perform or cause to be performed the Project in accordance with Exhibits A through F, attached hereto and incorporated herein by this reference, and comply with all of the terms and conditions of this Grant Agreement, CWC Section 7048, Chapter 2.4 of Title 23 of the California Code of Regulations and all other applicable provisions of the CWC and California Public Resources Code. Any planning and design assistance provided to Grantees by DWR is provided pursuant to CWC Section 7048. 7. BASIC CONDITIONS. State shall have no obligation to disburse money for the Project under this Grant Agreement unless and until Grantee has satisfied the following conditions. a) An urban water supplier that receives grant funds governed by this Grant Agreement shall maintain compliance with the Urban Water Management Planning Act (CWC§10610 et. seq.) b) For the term of this Grant Agreement, Grantee submits timely Quarterly Progress Reports as required by Paragraph 18, “Submission of Reports.” c) Grantee submits deliverables as specified in Paragraph 21 of this Grant Agreement and in Exhibit A. d) Prior to the commencement of construction or implementation activities, Grantee shall submit the following to the State: i. When applicable, final plans and specifications certified by a California Registered Civil Engineer as to compliance for each approved project as listed in Exhibit A of this Grant Agreement. July 12, 2016 Contra Costa County Board of Supervisors 697 Grant Agreement No. 4600011176 Urban Streams Restoration Program 2 | P a g e ii. A monitoring and maintenance plan as required by Paragraph 21, “Project Monitoring and Maintenance Plan Requirements.” e) Work that is subject to CEQA and/or environmental permitting shall not proceed under this Grant Agreement until the following actions are performed: i. Grantee submits all applicable environmental permits as indicated on the Environmental Information Form to the State, ii. Documents that satisfy the CEQA process are received by the State, iii. State has completed its CEQA compliance review as a Responsible Agency, and iv. Grantee receives written concurrence from the State of Lead Agency’s CEQA document(s) and State notice of verification of environmental permit submittal. State’s concurrence with Lead Agency’s CEQA documents is fully discretionary and shall constitute a condition precedent to any work (i.e., construction or implementation activities) for which it is required. Once CEQA documentation has been completed, State will consider the environmental documents and decide whether to continue to fund the Project or to require changes, alterations or other mitigation. The parties acknowledge that any changes or alterations to the Project required by State may necessitate amendments to this Agreement. Grantee must demonstrate compliance with all applicable provisions of CEQA, including any tribal consultation requirements. Grantee must also demonstrate that it has complied with any and all applicable requirements of the National Environmental Policy Act by submitting copies of any environmental documents, including environmental impact statements, Finding of No Significant Impact, mitigation monitoring programs, and environmental permits as may be required prior to beginning construction/implementation. 8. BUDGET LINE ITEM FLEXIBILITY. a) Line Item Adjustment(s). Subject to the prior review and approval of the State’s Proje ct Manager, adjustments between existing line item(s) may be used to defray allowable direct costs up to twenty percent (20%) of the Grant Amount, including any amendment(s) thereto. A line item adjustment in excess of twenty percent (20%) or the cumulative total of line item adjustments that exceed $200,000 shall require a formal Agreement amendment. If the Line Item Budget includes an amount for Personnel Services, that amount is based on the hours, classifications, and rates submitted by the Grantee in its application. Any changes to the hours, classifications, and rates must be approved, in advance and in writing, by the State’s Program Manager. b) Procedure to Request an Adjustment. Grantee may submit a request for an adjustment in writing to the State’s Program Manager at the address set forth in this Grant Agreement for State’s Project Manager. Such adjustment may not increase or decrease the total Grant Amount. The Grantee shall submit a copy of the original Agreement Budget sheet reflecting the requested changes. Changes shall be noted by striking the original amount(s) followed with revised change(s) in bold and underlined. Budget adjustments deleting a budget line item or adding a new budget line item requires a formal amendment and are not permissible under this provision. The State may also propose adjustments to the budget. 9. DISBURSEMENT OF GRANT FUNDS. Following the review of each invoice, State will disburse to Grantee the amount approved, subject to the availability of funds through normal State processes. Notwithstanding any other provision of this Grant Agreement, no disbursement shall be required at any time or in any manner which is in violation of, or in conflict with, federal or state laws, rules, or regulations, or which may require any rebates to the federal government, or any loss of tax-free status on state bonds, pursuant to any federal statute or regulation. For each project, funds will be disbursed by State in response to each approved invoice in accordance with Exhibit C. Any and all money disbursed to Grantee under this Grant Agreement and any and all interest earned by Grantee on such money shall be used solely to pay Eligible Project Costs. 10. ELIGIBLE PROJECT COST. Grantee shall apply State funds received to eligible project costs only, in accordance with applicable provisions of the law, and Exhibit C (Budget). Eligible project costs include the reasonable costs of studies, engineering, design, land and easement acquisition, legal fees, preparation of July 12, 2016 Contra Costa County Board of Supervisors 698 Grant Agreement No. 4600011176 Urban Streams Restoration Program 3 | P a g e environmental documentation, environmental mitigations, monitoring, and project construction. Work performed on the Project after May 22, 2015 (the “Award Date”), shall be eligible for reimbursement. Reasonable administrative expenses may be included as Project Costs and will depend on the complexity of the project preparation, planning, coordination, construction, acquisitions, implementation, and maintenance. Reimbursable administrative expenses are the necessary costs incidentally but directly related to the project including an appropriate pro-rata allocation of overhead and administrative expenses that are regularly assigned to all such projects in accordance with the standard accounting practices of the Grantee. Advanced funds will not be provided, unless as provided for in property right acquisition, explained in Paragraph 11. Costs that are not eligible for reimbursement include but are not limited to: a) Costs, other than those noted above, incurred prior to the Award Date of the Grant. b) Purchase of equipment not an integral part of a project. c) Establishing a reserve fund. d) Purchase of water supply. e) Replacement of existing funding sources for ongoing programs. f) Support of existing agency requirements and mandates (e.g. punitive regulatory agency requirements). g) Purchase of land in excess of the minimum required acreage necessary to operate as an integral part of a project, as set forth and detailed by engineering and feasibility studies, or land purchased prior to the effective date of the grant award with the State. h) Payment of principal or interest of existing indebtedness or any interest payments unless the debt is incurred after execution of this Grant Agreement, the State agrees in writing to the eligibility of the costs for reimbursement before the debt is incurred, and the purposes for which the debt is incurred are otherwise eligible costs. i) Overhead not directly related to project costs. j) Regular operation and maintenance costs. 11. PROPERTY RIGHTS ACQUISITIONS. Grantee may acquire real property rights for the purpose of the protection, restoration, and enhancement of urban stream channels. Whenever any real property fee title or interest is to be acquired with grant funds, the following shall apply: a) State will not make payments for property rights acquisitions in excess of fair market value; additionally the state will not participate in any transactions in excess of fair market value. b) Acquisitions will be backed by 1) an appraisal supporting the purchasing price, and 2) written concurrence from DWR or the State of California Department of General Services (DGS), attesting to the appraisal’s compliance with applicable DGS standards and requirements. For low value property interests, State, in its sole discretion, may waive any of the foregoing submittal requirements. c) Grantee shall submit a preliminary title report, vesting documents, and a fully conformed appraisal report to State pursuant to the Appraisal Report Provisions. The report shall be prepared and signed by a qualified general appraiser, who is licensed by the California Department of Real Estate Appraisers and demonstrates compliance with the Uniform Standards for Professional Appraisal Practices. d) The property rights shall be acquired from a willing seller and in compliance with current laws governing acquisition of properties by public agencies. e) Grantee shall provide sufficient notice to adjacent landowners and other members of the public to enable public input on interests that may be affected by the acquisition and changes in land use. f) Grantee shall use, manage, and maintain the property in a manner consistent with the purpose of the acquisition, for at least 20 years. Grantee further assumes all management and maintenance costs associated with the acquisition, including the costs of ordinary repairs and replacements of a recurring nature, and costs of enforcement of regulations. State shall not be liable for any cost of such management or maintenance. g) Grantee shall identify all riparian rights that will be affected by a real property acquisition and propose appropriate treatment of such rights. July 12, 2016 Contra Costa County Board of Supervisors 699 Grant Agreement No. 4600011176 Urban Streams Restoration Program 4 | P a g e h) Fee title shall generally be acquired by the local agency Sponsor. However, if the Co-sponsor has non-profit 501(c)(3) status, it may acquire fee title. In the latter case, fee title shall be transferred within 180 days after completion of the on-site work to the local agency Sponsor, which hereby agrees to accept such transfer. i) An Irrevocable Offer to dedicate real property interest for public use that is less than a fee title, such as an easement or license, shall be recorded concurrently with the instrument that conveys the real property interest to the Project Sponsor or Co-sponsor. j) Grantee shall complete an Example Land Acquisition Cost Schedule, which includes budget items relevant to the acquisition. k) Method of payment. Funds provided by State for real property acquisitions shall be deposited by State with an escrow holder acceptable to State and with escrow instructions regarding funding and disbursal provided by State. If the escrow does not close by the date set forth in State's escrow instructions, or such other date as may be agreed to by the parties, the funds shall be returned to State. l) Grantee shall supply a copy of any recorded vesting documents to State after close of escrow. 12. METHOD OF PAYMENT. After the disbursement requirements in Paragraph 7 “Basic Conditions” are met, State will disburse the whole or portions of the Grant commitment to Grantee at the address set forth in Paragraph 28, following receipt from Grantee of an invoice for costs incurred, and timely Quarterly Progress Reports as required by Paragraph 18, “Submission of Reports.” Invoices submitted by Grantee shall include the following information: a) Costs incurred for work performed in implementing the Project during the period identified in the particular invoice. b) Costs incurred for any interests in real property (land or easements) that have been necessarily acquired for the Project during the period identified in the particular invoice for the construction, operation, or maintenance of a project. For real property acquisition components of projects, see Paragraph 11, Property Rights Acquisitions. c) Appropriate receipts and reports for all costs incurred. d) Invoices shall be submitted on forms provided by State and shall meet the following format requirements: i. Invoices must contain the date of the invoice, the time period covered by the invoice, and the total amount due. ii. Invoices must be itemized based on the categories specified in Exhibit C. The amount claimed for salaries/wages/consultant fees must include a calculation formula (i.e., hours or days worked times the hourly or daily rate = the total amount claimed). iii. One set of sufficient evidence (i.e., receipts, copies of checks, time sheets) must be provided for all costs included in the invoice. iv. Each invoice shall clearly delineate those costs claimed for reimbursement from the State’s grant amount, and those costs that represent Grantee’s costs. v. Original signature and date (in ink) of Grantee’s Project Manager. e) Payment will be made no more frequent than monthly, in arrears, upon receipt of an invoice bearing the Grant Agreement number. Submit the original “wet signature” copy of the invoice form to the following address: Environmental Program Manager Integrated Regional Water Management (IRWM) Urban Streams Restoration Program 901 P Street, Room 411A Sacramento, California 95814 f) State reserves the right to retain a maximum of five percent (5%) of the funds requested by the Grantee’s reimbursement until State’s receipt of the Final Report as required by Paragraph 18 and Exhibit E or as otherwise authorized by the State. July 12, 2016 Contra Costa County Board of Supervisors 700 Grant Agreement No. 4600011176 Urban Streams Restoration Program 5 | P a g e g) State may reject an invoice if: a. It is submitted without signature b. It is submitted under signature of a person other than Grantee’ duly authorized representative c. Grantee fails to timely submit a final invoice within the time period specified in Paragraph 2. State will notify Grantee of any costs so rejected, and the reasons therefore. State may withhold up to 100 percent of payment for a specific statement of cost if the progress of the Project is not satisfactory. An invoice containing a mathematical error will be corrected by State, after notification to Grantee, and will thereafter be treated as if submitted in the corrected amount. State will provide Grantee with notification of the corrected invoice. h) State will notify Grantee, whenever, upon review of an invoice, State determines that any portion or portions of the costs claimed: i. Are ineligible to be paid under Federal or State law, or the terms of this Grant Agreement ii. Do not constitute Eligible Project Costs approved by State for funding under the terms of this Grant agreement iii. Are not supported by invoices or receipts acceptable to State. Grantee may, within thirty (30) days of the date of receipt of such notice, submit additional documentation to State to cure such deficiency(ies). If Grantee fails to timely submit adequate documentation curing the deficiency(ies), State will adjust the pending invoice by the amount of the ineligible and/or unapproved cost(s). 13. WITHHOLDING OF GRANT DISBURSEMENT BY STATE. If State determines that the Project is not being implemented in accordance with the provisions of this Grant Agreement, or that Grantee has failed in any other respect to comply with the provisions of this Grant Agreement, and if Grantee does not remedy any such failure to State’s satisfaction, State may withhold from Grantee all or any portion of the Grant Amount and take any other action that it deems necessary to protect its interests. Where a portion of the grant has been disbursed to the Grantee and State notifies Grantee of its decision not to release funds that have been withheld pursuant to Paragraph 9, the portion that has been disbursed shall thereafter be repaid immediately with interest at the California general obligation bond interest rate at the time the State notifies the Grantee, as directed by State. State may consider Grantee’s refusal to repay the requested disbursed grant amount a contract breach subject to the default provisions in Paragraph 14, “Default Provisions.” If State notifies Grantee of its decision to withhold the entire funding amount from Grantee pursuant to this paragraph, this Grant agreement shall terminate upon receipt of such notice by Grantee and the State shall no longer be required to provide funds under this Grant Agreement and the Grant Agreement shall no longer be binding on either party. 14. DEFAULT PROVISIONS. Grantee will be in default under this Grant Agreement if any of the following occurs: a) Breach of this Grant Agreement, or any supplement or amendment to it, or any other agreement between Grant Recipient and State evidencing or securing Grant Recipient’s obligations. b) Making any false warranty, representation, or statement with respect to this Grant Agreement. c) Failure to operate or maintain project in accordance with this Grant Agreement. d) Failure to make any remittance required by this Grant Agreement. Should an event of default occur, State may do any or all of the following: a) Declare the Grant be immediately repaid, with interest, which shall be equal to State of California general obligation bond interest rate in effect at the time of the default. b) Terminate any obligation to make future payments to Grantee. c) Terminate the Grant Agreement. d) Take any other action that it deems necessary to protect its interests. 15. PERMITS, LICENSES, APPROVALS, AND LEGAL OBLIGATIONS. Grantee shall be responsible for obtaining any and all permits, licenses, and approvals required for performing any work under this Grant Agreement, including those necessary to perform design, construction, or operation and maintenance of the Project. July 12, 2016 Contra Costa County Board of Supervisors 701 Grant Agreement No. 4600011176 Urban Streams Restoration Program 6 | P a g e Grantee shall be responsible for observing and complying with any applicable federal, state and local laws, rules or regulations affecting any such work, specifically those including, but not limited to, environmental, procurement, and safety laws, rules, regulations, and ordinances. Grantee shall provide copies of permits and approvals to the State prior to commencement of implementation activities. 16. RELATIONSHIP OF PARTIES. Grantee is solely responsible for design, construction, and operation and maintenance of the Project. Review or approval of plans, specifications, bid documents, or other construction documents by State is solely for the purpose of proper administration of grant funds by State and shall not be deemed to relieve or restrict responsibilities of Grantee under this Grant Agreement. 17. GRANTEE REPRESENTATIONS. Grantee accepts and agrees to comply with all terms, provisions, conditions, and commitments of this Grant Agreement, including all incorporated documents, and to fulfill all assurances, declarations, representations, and statements made by Grantee in the application, documents, amendments, and communications filed in support of its request for Safe Drinking Water, Clean Water, Watershed Protection, and Flood Protection Act of 2000 financing. 18. SUBMISSION OF REPORTS. The submittal and approval of all reports is a requirement for the successful completion of this Grant Agreement. Reports shall meet generally accepted professional standards for technical reporting and shall be proofread and corrected for content, numerical accuracy, spelling, and grammar prior to submittal to State. All reports shall be submitted to the State’s Project Manager, and shall be submitted in both electronic and hard copy forms. If requested, Grantee shall promptly provide any additional information deemed necessary by State for the approval of reports. Reports shall be presented in the formats described in the applicable portion of Exhibit E. The timely submittal of reports is a requirement for initial and continued disbursement of State funds. Submittal and subsequent approval by the State, of a Final Report is a requirement for the release of any funds retained for such project. a) Quarterly Progress Reports: Grantee shall submit Quarterly Progress Reports to meet the State’s requirement for disbursement of funds. Quarterly Progress Reports shall, in part, provide a brief description of the work performed, Grantees activities, milestones achieved, work planned for the next quarter, any accomplishments, and any problems encountered in the performance of the work under this Grant Agreement during the reporting period. The first Quarterly Progress Report should be submitted to the State no later than September 30, 2016, with future reports then due on successive three-month increments based on the invoicing schedule and this date. b) Final Reports: Upon completion of the Project, Grantee shall provide a final written report in a format as directed by the State in Exhibit E, that includes (but is not limited to) the following: i. A description of conditions before the Project was commenced. ii. A summary of the restoration and planning work and techniques used. iii. A description of the results of the Project. iv. An analysis of the techniques used, and a description of planned long-term monitoring. v. Photographs of progress and utilization of restoration techniques and activities. vi. Photographs of community participation in planning or implementation activities (i.e. design charettes, community meetings, site tours, volunteer workers) if part of the Project. vii. Photographs on-site before, during and after implementation to document Project conditions. Specific geographic positions through maps and/or GPS readings of where the photos were taken (photo-points), so images can be produced from the same vantage point in subsequent years to document long-term vegetation growth, channel formation, and geomorphic response to bankfull and flood flows. 19. PROJECT PERFORMANCE AND ASSURANCES. Grantee agrees to faithfully and expeditiously perform or cause to be performed all Project work described in Exhibit A under this Grant Agreement and implement the Project in accordance with applicable provisions of the law. Grantee and its representatives shall fulfill its obligations under the Grant Agreement, and shall be responsible for the performance of the Project. In July 12, 2016 Contra Costa County Board of Supervisors 702 Grant Agreement No. 4600011176 Urban Streams Restoration Program 7 | P a g e the event State finds it necessary to enforce this provision of this Grant Agreement in the manner provided by law, Grantee agrees to pay all costs incurred by State. 20. LABOR COMPLIANCE. The Grantee will be required to keep informed of and take all measures necessary to ensure compliance with applicable California Labor Code requirements, including, but not limited to, Section 1720 et seq. of the California Labor Code regarding public works, limitations on use of volunteer labor (California Labor Code Section 1720.4) and payment of prevailing wages for work done and funded pursuant to this Agreement, including any payments to the Department of Industrial Relations under California Labor Code Section 1771.3. 21. PROJECT MONITORING AND MAINTENANCE PLAN REQUIREMENTS. Grantee agrees to use, manage, and maintain the property acquired, developed, rehabilitated or restored with the grant funds provided in this Grant Agreement consistent with the purposes of the program. A monitoring and maintenance plan shall be submitted to the State prior to disbursement of grant funds for construction or monitoring activities listed in this Grant Agreement. Monitoring and maintenance plans should include the following information: baseline conditions, a brief discussion of monitoring techniques to be used, frequency of actions and adaptive management, and the location of monitoring points and maintenance activities. Grantee or their successors may, with the written approval of State, transfer this responsibility to use, manage, and maintain the property. 22. STATEWIDE MONITORING REQUIREMENTS. Grantee shall ensure that all groundwater projects and projects that include groundwater monitoring requirements are consistent with the Groundwater Quality Monitoring Act of 2001 (Part 2.76 (commencing with Section 10780) of Division 6 of CWC) and, where applicable, that projects that affect water quality shall include a monitoring component that allows the integration of data into statewide monitoring efforts, including where applicable, the Surface Water Ambient Monitoring Program carried out by the State Water Resources Control Board. 23. NOTIFICATION OF STATE. Grantee shall promptly notify State, in writing, of the following items: a) Events or proposed changes that could affect the Work Plan, Budget, Schedule, or work performed under this Grant Agreement. Grantee agrees that no substantial change in the scope of the Project will be undertaken until written notice of the proposed change has been provided to State and State has given written approval for such change. Substantial changes generally include changes to the wording/scope of work, schedule or term, and budget. b) Any public or media event publicizing the accomplishments and/or results of this Grant Agreement and provide the opportunity for attendance and participation by State’s representatives. Grantee shall make such notification at least fourteen (14) calendar days prior to the event. c) Completion of work. Grantee shall notice the State of the Final inspection of the Project and provide State the opportunity to participate in the inspection. Grantee shall make such notification at least fourteen (14) calendar days prior to the final inspection. 24. NOTICES. Any notice, demand, request, consent, or approval that either party desires or is required to give to the other party under this Grant Agreement shall be in writing. Notices may be transmitted by any of the following means: a) By delivery in person. b) By certified U.S. mail, return receipt requested, postage prepaid. c) By “overnight” delivery service; provided that next -business-day delivery is requested by the sender. d) By electronic means. e) Notices delivered in person will be deemed effective immediately on receipt (or refusal of delivery or receipt). Notices sent by certified mail will be deemed effective given ten (10) calendar days after the date deposited with the U. S. Postal Service. Notices sent by overnight delivery service will be deemed effective one business day after the date deposited with the delivery service. Notices sent electronically will be effective on the date of transmission, which is documented in writing. July 12, 2016 Contra Costa County Board of Supervisors 703 Grant Agreement No. 4600011176 Urban Streams Restoration Program 8 | P a g e Notices shall be sent to all of the addresses below. Either party may, by written notice to the other, designate a different address that shall be substituted for the one below. Department of Water Resources Arthur Hinojosa Chief, Division of IRWM P.O. Box 942836 Sacramento CA 94236-0001 Contra Costa County Flood Control & Water Conservation District Julia R. Bueren Chief Engineer 255 Glacier Drive Martinez, CA 94553 American Rivers, Inc. Kristin May Chief Financial Officer 1101 14th Street, NW Suite 1400 Washington, DC 20005 25. PERFORMANCE EVALUATION. Upon completion of this Grant Agreement, Grantee’s performance will be evaluated by the State and a copy of the evaluation will be placed in the State file and a copy sent to the Grantee. 26. AMENDMENTS. The provisions of this Grant Agreement may be amended only by a written agreement between State and Grantee. 27. SURVIVAL. Any provision of this Grant Agreement that imposes an obligation after the termination or expiration of this Agreement shall survive the termination or expiration of this Grant Agreement. 28. PROJECT REPRESENTATIVES. The Project Representative for the State during the term of this Grant Agreement will be: Department of Water Resources Arthur Hinojosa Chief, Division of IRWM P.O. Box 942836 Sacramento CA 94236-0001 Phone: (916) 653-4736 Disbursements by the State under Paragraph 12 of this Grant Agreement will be sent to: American Rivers, Inc. Kristin May Chief Financial Officer 1101 14th Street, NW Suite 1400 Washington, DC 20005 Phone: (202) 347-7550 e-mail: kmay@americanrivers.org July 12, 2016 Contra Costa County Board of Supervisors 704 Grant Agreement No. 4600011176 Urban Streams Restoration Program 9 | P a g e Direct all inquiries to the Project Manager; The Project Manager for the State is: Department of Water Resources, IRWM Kevin Marr, Environmental Scientist Mailing Address: 901 P Street, Room 411A Sacramento, CA 95814 Phone: (916) 651-9621 e-mail: kevin.marr@water.ca.gov The Project Manager for the Grantee is: American Rivers, Inc. John Cain, Director of Conservation, CA Flood Management Mailing Address: 120 Union Street Nevada City, CA 95959 Phone: (510) 809-8010 e-mail: jcain@americanrivers.org The State may change its Project Representative, and either party may change its Project Manager, upon written notice to the other parties. 29. STANDARD PROVISIONS. The following Exhibits are attached and made a part of this Grant Agreement by this reference: Exhibit A – Work Plan Exhibit B – Schedule Exhibit C – Budget Exhibit D – Standard Conditions Exhibit E – Report Formats and Requirements Exhibit F – State Audit Document Requirements July 12, 2016 Contra Costa County Board of Supervisors 705 Grant Agreement No. 4600011176 Urban Streams Restoration Program 10 | P a g e IN WITNESS WHEREOF, the parties hereto have executed this Grant Agreement. STATE OF CALIFORNIA DEPARTMENT OF WATER RESOURCES ______________________________ Arthur Hinojosa, P.E., Chief Division of Integrated Regional Water Management Date__________________________ Approved as to Legal Form and Sufficiency ______________________________ Robin Brewer, Assistant Chief Counsel Office of Chief Counsel Date__________________________ SPONSOR: AMERICAN RIVERS, INC. By ___________________________ Signature W. Robert Irvin President Date__________________________ By ___________________________ Signature Kristin M. May Chief Financial Officer Date__________________________ Address: 1101 14th Street, NW Suite 1400 Washington, DC 20005 CO-SPONSOR: CONTRA COSTA COUNTY By ___________________________ FLOOD CONTROL & WATER Signature CONSERVATION DISTRICT Julia R. Bueren Chief Engineer Date__________________________ Address: 255 Glacier Drive Martinez, CA 94553 July 12, 2016 Contra Costa County Board of Supervisors 706 Grant Agreement No. 4600011176 Urban Streams Restoration Program 11 | P a g e [THIS PAGE LEFT INTENTIONALLY BLANK] July 12, 2016 Contra Costa County Board of Supervisors 707 Grant Agreement No. 4600011176 Urban Streams Restoration Program 12 | P a g e EXHIBIT A WORK PLAN AMERICAN RIVERS Three Creeks Restoration Project Project Goals and Objectives The objective of this Project is three-fold: 1) to restore and enhance the ecological viability of the riparian ecosystem along Marsh Creek, 2) to improve flood protection, and 3) to promote public awareness and local stewardship of Marsh Creek. The Project involves excavating a new floodplain and expanding the channel along 1,400 linear feet of Marsh Creek in Brentwood, CA to create enough room for both improved flood protection and establishment of three acres of riparian vegetation. The Project will also engage local residents through active stewardship (including volunteer opportunities and site visits) and by enhancing recreational opportunities along the creek. Project Administration Conditions: Notwithstanding any provision in the Grant Agreement to the contrary, the obligations of Grantee under the Grant Agreement are conditioned upon (1) completion by the Contra Costa County Flood Control & Water Conservation District (District) of an environmental review of the Project and all other required Project- related actions and proceedings under the California Environmental Quality Act (CEQA); and (2) District’s approval of the Project. The parties acknowledge that District has discretion to approve, modify or disapprove the Project, and that modifications of the Project by District may necessitate amendments to the Grant Agreement, including this Work Plan. District’s approval of the Project may include the approval and execution of an agreement between District and American Rivers, Inc. (American Rivers) that sets forth their respective roles and responsibilities under this Grant Agreement. American Rivers shall serve as the lead administrative and budgeting contact with the CA Department of Water Resources (DWR) for the Project under this Grant Agreement. American Rivers shall serve as DWR’s sole contact for invoicing and payment purposes under Section 12 of the Grant Agreement. Project Background Marsh Creek is currently a perennial stream that extends 30 miles from the eastern slope of Mount Diablo to the San Joaquin Delta. Marsh Creek is currently a trapezoidal flood control channel with steep (2:1 slope) earthen banks, a partially armored (rip rap) bottom, and non-native, weedy vegetation. The creek was channelized by the Soil Conservation Service in the early1960s to provide flood protection and erosion control for an agricultural landscape, but recent urbanization has increased both flood peaks and the need for improved flood protection. New residents and changing values have also changed expectations about how Marsh Creek should look and function. For over fifty years the District has prevented the establishment of any riparian vegetation in accordance with the original project operations and maintenance manual to maintain the flood control functions of the channel. Today, hundreds of residents walk along Marsh Creek daily and desire a more natural creek that is capable of supporting a diversity of native plant and animal species. The Project is a unique opportunity to excavate a new floodplain and expand the channel along 1,400 linear feet of creek between Sand Creek and the Union Pacific Railroad crossing to create enough room for both improved flood protection and establishment of riparian vegetation. American Rivers and the District are working together with the Friends of Marsh Creek Watershed, the City of Brentwood, and an adjacent developer to integrate the Project into linear parks and a subdivision planned for adjacent parcels. The Project and adjacent parks will transform this easily accessible area near downtown Brentwood into a natural destination spot for the community members of Brentwood, Oakley and the surrounding region. It will become a place where community members will travel to discover and enjoy the natural beauty of Marsh Creek, where they can stop and enjoy the shade, and look for river otters and spawning salmon. July 12, 2016 Contra Costa County Board of Supervisors 708 Grant Agreement No. 4600011176 Urban Streams Restoration Program 13 | P a g e Project Description The Project to be funded under Grant Agreement No. 4600011176 includes the planning, design, environmental review, and construction, of the widening and planting of a section of the Marsh Creek channel located in Brentwood, Contra Costa County. The Project also includes project management activities, community involvement and post-construction monitoring and maintenance. A detailed list of Project tasks to be completed is set forth below. The northern (downstream) Project limit is the Union Pacific Railroad and the southern (upstream) Project limit is the confluence with the District’s Sand Creek Flood Control Channel. The Project site lies along the western boundary of the Palmilla Subdivision located on Walnut Boulevard (Assessor Parcel Nos. 017 -170-007 and 017- 170-008). During the design phase, construction plans and specifications wi ll be developed and prepared for bidding. Biological, cultural and geotechnical studies will also need to be conducted by consultants or obtained from other agencies, and an environmental review by the District that complies with the California Environmen tal Quality Act will need to be completed. Regulatory permits will also need to be obtained. Overall project management and administration will be required to coordinate these phases of the Project as well as the construction phase of the Project. Construction will involve the removal of approximately 12,000 cubic yards of earth along 1,400 linear feet of the east bank of Marsh Creek in varying widths -- from 20 to 40 feet -- creating just over an acre of new floodplain. Excavation for the floodplain will include removing soil down to approximately 10 feet below the existing elevation and grading the creek bank to create a flatter 3:1 slope (vs. the existing 2:1 slope) between the upland and the newly created floodplain. After excavation and grading wor k, the new floodplain and east bank of Marsh Creek will be densely planted with native riparian and upland grasses, forbes, shrubs, and trees, creating just over an acre of riparian habitat. After construction, the Project will include three years of monitoring and maintenance of the new vegetation. Tasks and Deliverables Task 1: Project Management and Administration American Rivers will take the lead in fiscal management and reporting, developing and managing subcontracts, convening Project team meetings, developing and disseminating Project information, and coordinating with DWR. American Rivers will also report on Project performance. Deliverables  Quarterly and final task and financial reports  Contracts for any subcontracted work related to design, monitoring, cost estimating, and bid package development  Quarterly invoices  Quarterly project partner meetings Task 2: Planning, Design, Permitting, and CEQA Planning – American Rivers will obtain a survey of the creek and will retain Restoration Design Group (RDG) to design the Project. RDG will be required to create schematic (35-50% complete) and final (100% complete) designs based on conceptual Project designs prepared by RDG. RDG will also conduct hydraulic modeling, produce a hydraulic report to assess channel capacity and calculate manning’s n , and finalize a planting plan for the Project site. July 12, 2016 Contra Costa County Board of Supervisors 709 Grant Agreement No. 4600011176 Urban Streams Restoration Program 14 | P a g e Permitting – A consultant will be retained to prepare resource agency permit applications in consultation with the District. Permits will be obtained from the District, CA Department of Fish & Wildlife, U.S. Army Corps of Engineers, the Central Valley Regional Water Quality Control Board, and others as required. CEQA Compliance – The District will serve as the lead agency under CEQA. A consultant will be retained to develop CEQA documents in consultation with the District. Consultants will also be retained to conduct or obtain biological, cultural, and geotechnical studies. Deliverables:  Detailed site survey  Hydraulic modeling and report  Project design o Schematic (35-50% complete) o Final design (100% complete)  Planting plan  Surveys (biological, geotechnical, cultural)s)  CEQA review documents  Permit applications (1600, 401, 404, encroachment permit, grading permit)s)  Permits (1600, 401, 404, encroachment permit, grading permit) Task 3: Implementation/Construction Contractors will be retained to clear and grade the Project site and plant three acres of native riparian plantings. Approximately 12,000 cubic yards along 1,400 linear feet of the east bank of Marsh Creek will be excavated to create a new 20- to 40-foot wide floodplain surface along the east bank. Borrow material will be removed and deposited on another parcel under a separate agreement. Both sides of the channel will be hydro-seeded to create a dense ground cover of native grasses and forbs combined with a relative open canopy of native riparian shrubs and trees. Deliverables:  Bid package(s)  Contracts with contractors  Grading of Project site (excavation and fine grading)  Final Inspections; Certification of Registered Civil Engineer  Planting of Project site with native vegetation according to the planting plan  install signs Task 4: Monitoring and Maintenance Monitoring – The Project site will be documented before, during and after construction. A consultant will be retained to develop a vegetation monitoring plan to measure success and replace any defective plant material. Topographic changes on the floodplain channel will be monitored. Volunteers will be taught how to conduct basic vegetation and geomorphic monitoring , identify invasive weeds, and organize an invasive control plan as necessary. The District will conduct routine monitoring in compliance with the maintenance plan described below. July 12, 2016 Contra Costa County Board of Supervisors 710 Grant Agreement No. 4600011176 Urban Streams Restoration Program 15 | P a g e Maintenance – A long-term maintenance plan will be developed in consultation with District. A landscape maintenance contractor will be retained to provide three years of vegetation maintenance to limit invasive weeds and replace unsuccessful plant material. A long-term maintenance endowment will be established. District will provide a baseline level of maintenance of the channel. Guidelines for both maintenance and monitoring will be compiled into one comprehensive Operation and Maintenance Manual and Monitoring Plan. Deliverables:  Operation and Maintenance Manual and Monitoring Plan  Draft agreement(s) regarding management and maintenance of the site and adjacent park lands for consideration of other parties that use or manage the project site or adjacent lands.  Contract with landscape maintenance contractor.  Maintenance and monitoring training  Maintenance endowment  Two vegetation planting and maintenance events at Project site  Three annual monitoring and maintenance reports Task 5: Community Outreach and Involvement Local community members will be given an opportunity to participate in the planning, implementation, maintenance and monitoring of the project site. Signs will be installed to interpret the Project for the public and acknowledge DWR’s role. Deliverables:  Design presentation at two meetings of Friends of Marsh Creek Watershed (FOMCW)  Six updates in FOMCW monthly newsletter  One community site walk  Two newspaper articles in local and regional newspapers, two interpretive signs acknowledging DWR and state bond funds Project Location: 719 Monte Verde Lane, Brentwood, CA 94513 (GPS: 37.942294, -121.707694; Google Maps) July 12, 2016 Contra Costa County Board of Supervisors 711 Grant Agreement No. 4600011176 Urban Streams Restoration Program 16 | P a g e Project Site Map July 12, 2016 Contra Costa County Board of Supervisors 712 Grant Agreement No. 4600011176 Urban Streams Restoration Program 17 | P a g e EXHIBIT B SCHEDULE AMERICAN RIVERS Three Creeks Restoration Project The schedule below presents target dates for the completion of the tasks identified in Exhibit A. 2016 2017 2018 2nd Qtr 3rd Qtr 4th Qtr 1st Qtr 2nd Qtr 3rd Qtr 4th Qtr 1st Qtr 2nd Qtr 3rd Qtr 4th Qtr Task 1: Project Administration Quarterly written and financial reports D D D D D D D D D Final Report D Subcontracts D D D D D D Timely invoices D D D D D D D D D Team Meetings D D D D D D D D D D Task 2: Planning, Design, Permitting, and CEQA Site Survey D Hydraulic Modeling Report D Refine Conceptual Design D 50 percent design D Final design (100 percent) D Planting plan D Surveys (biological, geotechnical, cultural) D Complete environmental review document D Permit applications D Task 3: Implementation/Construction Bid Package D Complete construction contracts D July 12, 2016 Contra Costa County Board of Supervisors 713 Grant Agreement No. 4600011176 Urban Streams Restoration Program 18 | P a g e Site grading D Site planting D 2016 2017 2018 Task 3: Continued 2nd Qtr 3rd Qtr 4th Qtr 1st Qtr 2nd Qtr 3rd Qtr 4th Qtr 1st Qtr 2nd Qtr 3rd Qtr 4th Qtr Install interpretive/acknowledgement signs D Task 4: Monitoring and Maintenance O & M manual and monitoring plan D Draft management and maintenance agreements D Establish $150k maintenance endowment D Maintenance and monitoring training D Maintenance contract (3 annual reports) D D Two volunteer planting and maintenance events at site D D Task 5: Community Outreach and Involvement Presentations at two FOMCW meetings D D Six updates in FOMCW newsletter D D D D D One Community Site walk D Two newspaper articles D July 12, 2016 Contra Costa County Board of Supervisors 714 Grant Agreement No. 4600011176 Urban Streams Restoration Program 19 | P a g e EXHIBIT C BUDGET Three Creeks Restoration Project Budget Final: 10/06/15 Project Tasks Total Project Costs USRP Grant Funds Local Funds Other Funds* Task 1. Project Management & Administration $40,749 $14,749 $0 $26,000 Task 2. Design, CEQA, Permitting, Bidding $243,965 $106,965 $25,000 $112,000 Task 3. Implementation** $2,211,921 $559,371 $0 $1,652,550 Task 4. Monitoring and Maintenance $217,229 $52,229 $0 $165,000 Task 5. Community Involvement $25,090 $11,090 $0 $14,000 Total Project Costs $2,738,954 $744,404 $25,000 $1,969,550 *Other funding sources include the Bechtel Foundation, The Restoration Agreement Funds, NFWF, EPA, Developer obligations; local funds are from the Contra Costa County Flood Control & Water Conservation District. **The Project award was reduced by an amount of $82,713 from the application request July 12, 2016 Contra Costa County Board of Supervisors 715 Grant Agreement No. 4600011176 Urban Streams Restoration Program 20 | P a g e EXHIBIT D STANDARD CONDITIONS D.1 ACCOUNTING AND DEPOSIT OF GRANT DISBURSEMENT: a) SEPARATE ACCOUNTING OF GRANT DISBURSEMENT AND INTEREST RECORDS: Grantee shall account for the money disbursed pursuant to this Grant Agreement separately from all other Grantee funds. Grantee shall maintain audit and accounting procedures that are in accordance with generally accepted accounting principles and practices, consistently applied. Grantee shall keep complete and accurate records of all receipts, disbursements, and interest earned on expenditures of such funds. Grantee shall require its contractors or subcontractors to maintain books, records, and other documents pertinent to their work in accordance with generally accepted accounting principles and practices. Records are subject to inspection by State at any and all reasonable times. b) FISCAL MANAGEMENT SYSTEMS AND ACCOUNTING STANDARDS: The Grantee agrees that, at a minimum, its fiscal control and accounting procedures will be sufficient to permit tracing of grant funds to a level of expenditure adequate to establish that such funds have not been used in violation of state law or this Grant Agreement. c) REMITTANCE OF UNEXPENDED FUNDS: Grantee, within a period of sixty (60) calendar days from the final disbursement from State to Grantee of grant funds, shall remit to State any unexpended funds that were disbursed to Grantee under this Grant Agreement and were not needed to pay Eligible Project Costs. D.2 ACKNOWLEDGEMENT OF CREDIT: Grantee shall include appropriate acknowledgement of credit to the State and to all cost-sharing partners for their support when promoting the Project or using any data and/or information developed under this Grant Agreement. During construction of the Project, Grantee shall install a sign at a prominent location which shall include a statement that the Project is financed under the Safe Drinking Water, Clean Water, Watershed Protection, and Flood Protection Act of 2000, administered by State of California, Department of Water Resources. Grantee shall notify State that the sign has been erected by providing them with a site map with the sign location noted and a photograph of the sign. D.3 AMENDMENT: No amendment or variation of the terms of this Grant Agreement shall be valid unless made in writing, signed by the parties and approved as required. No oral understanding or agreement not incorporated in the Grant Agreement is binding on any of the parties D.4 AMERICANS WITH DISABILITIES ACT: By signing this Grant Agreement, Grantee assures State that it complies with the Americans with Disabilities Act (ADA) of 1990, (42 U.S.C., 12101 et seq.), which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. D.5 AUDITS: State reserves the right to conduct an audit at any time between the execution of this Grant Agreement and the completion of the Project, with the costs of such audit borne by State. After completion of the Project, State may require Grantee to conduct a final audit, at Grantee’s expense, such audit to be conducted by and a report prepared by an independent Certified Public Accountant. Failure or refusal by Grantee to comply with this provision shall be considered a breach of this Grant Agreement, and State may take any action it deems necessary to protect its interests. Pursuant to Government Code Section 8546.7, the parties shall be subject to the examination and audit of State for a period of three years after final payment under this Grant Agreement with respect of all matters connected with this Grant Agreement, including but not limited to, the cost of administering this Grant Agreement. All records of Grantee or subcontractors shall be preserved for this purpose for at least three (3) years after Project completion. See Exhibit F for a listing of documents/records that State Auditors would need to review in the event of a grant being audited. July 12, 2016 Contra Costa County Board of Supervisors 716 Grant Agreement No. 4600011176 Urban Streams Restoration Program 21 | P a g e D.6 BUDGET CONTINGENCY/LIMIT ON STATE FUNDS If the Budget Act of the current year covered under this Grant Agreement does not appropriate sufficient funds for the Urban Streams Restoration Program, this Grant Agreement shall be of no force and effect. This provision shall be construed as a condition precedent to the obligation of State to make any payments under this Grant Agreement. In this event, State shall have no liability to pay any funds whatsoever to Grantee or to furnish any other considerations under this Grant Agreement and Grantee shall not be obligated to perform any provisions of this Grant Agreement. Nothing in this Grant Agreement shall be construed to provide Grantee with a right of priority for payment over any other Grantee. If funding for any fiscal year after the current year covered by this Grant Agreement is reduced or deleted by the Budget Act for purposes of this program, State shall have the option to either cancel this Grant Agreement with no liability occurring to State, or offer a Grant Agreement amendment to Grantee to reflect the reduced amount. D.7 CHILD SUPPORT COMPLIANCE ACT: For any Grant Agreement in excess of $100,000, the Grantee acknowledges in accordance with Public Contract Code Section 7110, that: a) The Grantee recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code; and b) The Grantee, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department. D.8 COMPETITIVE BIDDING AND PROCUREMENTS: Grantee shall comply with all applicable laws and regulations regarding securing competitive bids and undertaking competitive negotiations in Grantee’s contracts with other entities for acquisition of goods and services and construction of public works with funds provided by State under this Grant Agreement. D.9 COMPUTER SOFTWARE: The Grantee certifies that it has appropriate systems and controls in place to ensure that state funds will not be used in the performance of this Grant Agreement for the acquisition, operation, or maintenance of computer software in violation of copyright laws. D.10 CONFLICT OF INTEREST a) Current State Employees: No State officer or employee shall engage in any employment, activity, or enterprise from which the officer or employee receives compensation or has a financial interest and which is sponsored or funded by any State agency, unless the employment, activity, or enterprise is required as a condition of regular State employment. No State officer or employee shall contract on his or her own behalf as an independent contractor with any State agency to provide goods or services. b) Former State Employee: For the two-year period from the date he or she left State employment, no former State officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements, or any part of the decision-making process relevant to the contract while employed in any capacity by any State agency. For the twelve-month period from the date he or she left State employment, no former State officer or employee may enter into a contract with any State agency if he or she was employed by that State agency in a policy-making position in the same general subject area as the proposed contract within the twelve-month period prior to his or her leaving State service. D.11 DISPOSITION OF EQUIPMENT: Grantee shall provide to State, not less than 30 days prior to submission of the final project invoice, a final inventory list of equipment purchased with grant funds provided by State. Grantee shall consult with State on the scope of the inventory not less than 60 days prior to the submission of the final project invoice. The inventory shall include all items with a current estimated fair market value of more than $5,000 per item. Within 60 days of receipt of such inventory, State shall provide Grantee with a list of the items on the inventory that State will take title to. All other items shall become the property of Grantee. State shall arrange for delivery from Grantee of items that it takes title to. Cost of transportation, if any, shall be borne by State. D.12 DISPUTES: In the event of an invoice dispute, payment will not be made until the dispute is resolved and a corrected invoice submitted. Failure to use the address exactly as provided may result in return of the July 12, 2016 Contra Costa County Board of Supervisors 717 Grant Agreement No. 4600011176 Urban Streams Restoration Program 22 | P a g e invoice to the Grantee. Payment shall be deemed complete upon deposit of the payment, properly addressed, postage prepaid, in the United States mail. Any claim that Grantee may have regarding the performance of this Grant Agreement including, but not limited to claims for additional compensation or extension of time, shall be submitted to the Director, Department of Water Resources, within thirty (30) calendar days of Grantee’s knowledge of the claim. State and Grantee shall then attempt to negotiate a resolution of such claim and process an amendment to the Grant Agreement to implement the terms of any such resolution. D.13 DRUG-FREE WORKPLACE CERTIFICATION Certification of Compliance: By signing this Grant Agreement, Grantee, certifies and will cause its contractors under this Grant Agreement to certify, under penalty of perjury under the laws of State of California, compliance with the requirements of the Drug-Free Workplace Act of 1990 (Government Code Section 8350 et seq.) and have or will provide a drug-free workplace by taking the following actions: a) Publish a statement notifying employees, contractors, and subcontractors that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees, contractors, or subcontractors for violations, as required by Government Code Section 8355(a). b) Establish a Drug-Free Awareness Program, as required by Government Code Section 8355(b) to inform employees, contractors, or subcontractors about all of the following: 1. The dangers of drug abuse in the workplace, 2. Grantee’s policy of maintaining a drug-free workplace, 3. Any available counseling, rehabilitation, and employee assistance programs, and 4. Penalties that may be imposed upon employees, contractors, and subcontractors for drug abuse violations. c) Provide as required by Government Code Section 8355(c), that every employee, contractor, and/or subcontractor who works under this Grant Agreement: 1. Will receive a copy of Grantee’s drug-free policy statement, and 2. Will agree to abide by terms of Grantee’s condition of employment, contract or subcontract. D.14 FINAL INSPECTIONS AND CERTIFICATION OF REGISTERED CIVIL ENGINEER : Upon completion of a construction project and as determined by State, Grantee shall provide for a final inspection and certification by a California Registered Civil Engineer that the project has been completed in accordance with submitted final plans and specifications and any modifications thereto and in accordance with this Grant Agreement and to the State’s satisfaction. D.15 GOVERNING LAW: This Grant Agreement is governed by and shall be interpreted in accordance with the laws of the State of California. D.16 INCOME RESTRICTIONS: The Grantee agrees that any refunds, rebates, credits, or other amounts (including any interest thereon) accruing to or received by the Grantee under this Grant Agreement shall be paid by the Grantee to the State, to the extent that they are properly allocable to costs for which the Grantee has been reimbursed by the State under this Grant Agreement. D.17 INDEPENDENT CAPACITY: Grantee, and the agents and employees of Grantee, if any, in the performance of the Grant Agreement, shall act in an independent capacity and not as officers, employees, or agents of the State. D.18 INSPECTIONS: State shall have the right to inspect the work being performed at any and all reasonable times during the term of the Grant Agreement. This right shall extend to any local project sponsor, subagreements, and Grantee shall include provisions ensuring such access in all its contracts or subcontracts entered into pursuant to its Grant Agreement with State. Grantee acknowledges that records related to the Project may be subject to disclosure under the Public Records Act (California Government Code Section 6250 et. seq.) unless an exemption applies. State shall have the right to inspect the Grantee’s office at any and all reasonable times after completion of the project to ensure compliance with the terms and conditions of this Grant Agreement. During regular office hours, State shall have the right to inspect July 12, 2016 Contra Costa County Board of Supervisors 718 Grant Agreement No. 4600011176 Urban Streams Restoration Program 23 | P a g e and to make copies of any books, records, or reports of the Grantee relating to this Grant Agreement. Grantee shall maintain and shall make available at all times for such inspection accurate records of its costs, disbursements, and receipts with respect to its activities under this Grant Agreement. Failure or refusal by Grantee to comply with this provision shall be considered a breach of this Grant Agreement, and State may withhold disbursements to Grantee or take any other action it deems necessary to protect its interests. D.19 NONDISCRIMINATION: During the performance of this Grant Agreement, Grantee and its contractors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (cancer), age (over 40), marital status, and denial of family care leave. Grantee and contractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Grantee and contractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code Section 12990 (a-f) et seq.) and the applicable regulations promulgated there under (California Code of Regulations, Title 2, Section 7285 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Grant Agreement by reference and made a part hereof as if set forth in full. Grantee and its contractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. Grantee shall include the nondiscrimination and compliance provisions of this clause in all contracts to perform work under the Grant Agreement. D.20 NO THIRD PARTY RIGHTS: The parties to this Grant Agreement do not intend to create rights in, or grant remedies to, any third party as a beneficiary of this Grant Agreement, or of any duty, covenant, obligation or undertaking established herein. D.21 PROHIBITION AGAINST DISPOSAL OF PROJECT WITHOUT STATE PERMISSION: Grantee shall not sell, abandon, lease, transfer, exchange, mortgage, hypothecate, or encumber in any manner whatsoever all or any portion of any real or other property necessarily connected or used in conjunction with the Project without prior permission of State. Grantee shall not take any action concerning the performance of this Grant Agreement, including but not limited to actions relating to user fees, charges, and assessments that could adversely affect the ability of Grantee to meet its obligations under this Grant Agreement, without prior written permission of State. State may require that the proceeds from the disposition of any real or personal property acquired through this Grant Agreement be remitted to State. D.22 REMEDIES, COSTS, AND ATTORNEY FEES: The Grantee agrees that any remedy provided in this Grant Agreement is in addition to and not in derogation of any other legal or equitable remedy available to the State as a result of breach of this Grant Agreement by the Grantee, whether such breach occurs before or after completion of the Project, and exercise of any remedy provided by this Grant Agreement by the State shall not preclude the State from pursuing any legal remedy or right which would otherwise be available. In the event of litigation between the parties hereto arising from this Grant Agreement, it is agreed that the prevailing party shall be entitled to such reasonable costs and/or attorney fees as may be ordered by the court entertaining such litigation. D.23 RETENTION: Notwithstanding any other provision of this Grant Agreement, State shall, for each project, withhold five percent (5.0%) of the funds requested by Grantee for reimbursement of Eligible Costs until the project is completed and Grantee has met requirements of Paragraph 18, “Submissions of Reports.” Grantee may submit a request to the State to exempt the Grantee from the retention requirement, or request payment of retention at the close of specific tasks shown in Exhibit A. Waiving the Grantees retention requirement is at the sole discretion of the State. D.24 RIGHTS IN DATA: The Grantee agrees that all data, plans, drawings, specifications, reports, computer programs, operating manuals, notes, and other written or graphic work produced in the performance of this Grant Agreement shall be in the public domain. The Grantee may disclose, disseminate and use in whole or in part, any final form data and information received, collected, and developed under this Grant Agreement, subject to appropriate acknowledgement of credit to the State for financial support. The July 12, 2016 Contra Costa County Board of Supervisors 719 Grant Agreement No. 4600011176 Urban Streams Restoration Program 24 | P a g e Grantee shall not utilize the materials for any profit-making venture or sell or grant rights to a third party who intends to do so. D.25 SEVERABILITY OF UNENFORCEABLE PROVISION: If any provision of this Grant Agreement is held invalid or unenforceable by a court of final jurisdiction, all other provisions of this Grant Agreement shall be construed to remain fully valid, enforceable, and binding on the parties. D.26 STATE REVIEWS AND INDEMNIFICATION: The parties agree that review or approval of Project applications, documents, permits, plans and specifications or other Project information by the State is for administrative purposes only and does not relieve the Grantee of the responsibility to properly plan, design, construct, operate, maintain, implement, or otherwise carry out the Project. To the extent permitted by law, the Grantee agree to indemnify, defend and hold harmless the State and the State against any loss or liability arising out of any claim or action brought against the State from and against any and all losses, claims, damages, liabilities or expenses, of every conceivable kind, character and nature whatsoever arising out of, resulting from, or in any way connected with: a) The Project or the conditions, occupancy, use, possession, conduct or management of, work done in or about, or the planning, design, acquisition, installation, or construction, of the Project or any part thereof; b) Performing any of the terms contained in this Grant Agreement or any related document; c) Any violation of any applicable law, rule or regulation, any environmental law (including, without limitation, the Federal Comprehensive Environmental Response, Compensation and Liability Act, the Resource Conservation and Recovery Act, the California Hazardous Substance Account Act, the Federal Water Pollution Control Act, the Clean Air Act, the California Hazardous Waste Control Law and CWC Section 13304, and any successors to said laws), rule or regulation or the release of any toxic substance on or near the System; or d) Any untrue statement or alleged untrue statement of any material fact or omission or alleged omission to state a material fact necessary to make the statements required to be stated therein, in light of the circumstances under which they were made, not misleading with respect to any information provided by the Grantee for use in any disclosure document utilized in connection with any of the transactions contemplated by this Grant Agreement. Grantee agrees to pay and discharge any judgment or award entered or made against the State with respect to any such claim or action, and any settlement, compromise or other voluntary resolution. The provisions of this section shall survive the term of the Grant Agreement. D.27 SUCCESSORS AND ASSIGNS: This Grant Agreement and all of its provisions shall apply to and bind the successors and assigns of the parties. No assignment or transfer of this Grant Agreement or any part thereof, rights hereunder, or interest herein by the Grantee shall be valid unless and until it is approved by State and made subject to such reasonable terms and conditions as State may impose. D.28 TERMINATION, IMMEDIATE REPAYMENT, INTEREST: This Grant Agreement may be terminated by written notice at any time prior to completion of the Project, at the option of the State, upon violation by the Grantee of any material provision after such violation has been called to the attention of the Grantee and after failure of the Grantee to bring itself into compliance with the provisions of this Grant Agreement within a reasonable time as established by the State. In the event of such termination, the Grantee agrees, upon demand, to immediately repay to the State an amount equal to the amount of grant funds disbursed to the Grantee prior to such termination. In the event of termination, interest shall accrue on all amounts due at the highest legal rate of interest from the date that notice of termination is mailed to the Grantee to the date of full repayment by the Grantee. D.29 UNENFORCEABLE PROVISION: In the event that any provision of this Grant Agreement is unenforceable or held to be unenforceable, then the parties agree that all other provisions of this Grant Agreement have force and effect and shall not be affected thereby. D.30 WAIVER OF RIGHTS: None of the provisions of this Grant Agreement shall be deemed waived unless expressly waived in writing. It is the intention of the parties here to that from time to time either party may waive any of its rights under this Grant Agreement unless contrary to law. Any waiver by either party of rights July 12, 2016 Contra Costa County Board of Supervisors 720 Grant Agreement No. 4600011176 Urban Streams Restoration Program 25 | P a g e arising in connection with the Grant Agreement shall not be deemed to be a waiver with respect to any other rights or matters, and such provisions shall continue in full force and effect. D.31 WITHHOLDING OF GRANT DISBURSEMENTS: The State may withhold all or any portion of the grant funds provided for by this Grant Agreement in the event that the Grantee has materially violated, or threatens to materially violate, any term, provision, condition, or commitment of this Grant Agreement; or the Grantee fails to maintain reasonable progress toward completion of the Project. July 12, 2016 Contra Costa County Board of Supervisors 721 Grant Agreement No. 4600011176 Urban Streams Restoration Program 26 | P a g e EXHIBIT E REPORT FORMAT AND REQUIREMENTS These reporting outlines should be followed. Submitting reports in an alternative format requires State approval. QUARTERLY PROGRESS REPORT Grantee shall submit Quarterly Progress Reports on a consistent basis to meet the State’s requirement for disbursement of funds. The quarterly progress report should describe the work performed during the reporting period. For each project, describe the work performed including: PROJECT INFORMATION (INCLUDE ANY OF THE BELOW THAT WERE APPLICABLE DURING THE REPORTING PERIOD)  Legal matters.  Engineering matters.  Environmental matters.  Status of permits, easements, rights-of-way, and approvals as may be required by other State, federal, and/or local agencies.  Major accomplishments during the quarter (i.e. tasks completed, milestones met, meetings held or attended, press releases, etc).  Discussion of data submittal effort(s) for the previous quarter, including a description of the data submitted and date(s) of submittal.  Issues/concerns that have, will, or could affect the schedule or budget, with a recommendation on how to correct the matter.  Description of any differences between the work performed and the work outlined in the project work plans. COST INFORMATION  Provide a Table showing all costs incurred during the quarter by the Grantee, and each contractor working on the project. The Table should include all costs as they relate to the Work Plan tasks.  A discussion on how the actual budget is progressing in comparison to the project budget included in the Work Plan.  A revised budget, including an explanation of why the revisions were necessary, by task, if changed from latest budget shown in Exhibit C, Budget. Note, a revised budget may require an official amendment to the Agreement before it is accepted as final. SCHEDULE INFORMATION  A schedule showing actual progress verse planned progress as shown in Exhibit B.  A discussion on how the actual schedule is progressing in comparison to the schedule in Exhibit B.  A revised schedule, by task, if changed from latest schedule in Exhibit B. Note, a revised schedule may require an official amendment to the Agreement before it is accepted as final. ANTICIPATED ACTIVITIES NEXT QUARTER  Provide a description of anticipated activities for the next quarterly reporting period. FINAL REPORT A Final Report is required for the project identified in the Work Plan, Exhibit A. This report will include the following Sections: EXECUTIVE SUMMARY The Executive Summary consists of a maximum of ten (10) pages summarizing project information (see report status section below for topics). The Executive Summary should include the following:  Brief description of work proposed to be done in the original USRP Grant application.  Description of actual work completed and any deviations from the work plan identified in the Grant Agreement. List any official amendments to the Agreement, with a short description of the amendment July 12, 2016 Contra Costa County Board of Supervisors 722 Grant Agreement No. 4600011176 Urban Streams Restoration Program 27 | P a g e METHODS/ANALYSIS/CONSTRUCTION/RESULTS  A description of conditions before the project was executed.  An analysis of the techniques used, and a description of planned long-term monitoring.  If applicable, describe the findings of any study and whether the study determined the engineering, hydrologic, hydrogeologic, environmental, economic and financial feasibility of the project.  A description of the results of the project.  Photographs of restoration techniques and activities; and community participation (i.e. design charettes, community meetings, site tours, volunteer workers) if part of the project.  Photographs during and after construction to document project conditions. Include specific geographic positions through mapped photo points and/or GPS readings, so images can be produced from the same vantage point in subsequent years to document long-term vegetation growth, channel formation, and geomorphic response to bankfull and flood flows. REPORTS AND/OR PRODUCTS  Provide a copy of any final technical report or study, produced for this project.  Provide a copy of the final Monitoring and Maintenance Plan for this project.  Provide a map and shapefile(s) showing the location of the completed project. A description of the geographic projection and datum used for the shapefile must be submitted with the shapefile; (e.g. NAD ’83 datum and either a UTM 10 or UTM 11 projection, dependent on the project’s location).  Provide an electronic copy of any as-built plans (media: DVD-ROM; PDF format).  For projects involving a modeling component, Grantee shall provide the major input data files, parameters, calibration statistics, and output files.  Provide copies of any data collected along with location maps. COST & DISPOSITION OF FUNDS INFORMATION  A summary Table of invoices showing:  The date each invoice was submitted to State.  The amount of the invoice.  The date the check was received.  The amount of the check (If a check has not been received for the final invoice, then state so).  A spreadsheet summary of the original budget costs by task versus the final project costs ADDITIONAL INFORMATION  A final project schedule showing actual progress verse planned progress.  Certification from a California Registered Civil Engineer that the project was conducted i n accordance with the approved Work Plan and any approved modifications thereto.  Submittal schedule for Monitoring Reports to be undertaken beyond the grant period and an outline of the proposed reporting format. ELECTRONIC REPORT FORMATTING Grantee agrees that work funded under this Grant Agreement will be provided in an electronic format to State. Electronic submittal of final reports, plans, studies, data, and other work performed under this grant shall be as follows:  Text preferably in MS WORD or text PDF format.  Files generally less than 10 MB in size.  Files named so that the public can determine their content. July 12, 2016 Contra Costa County Board of Supervisors 723 Grant Agreement No. 4600011176 Urban Streams Restoration Program 28 | P a g e EXHIBIT F STATE AUDIT DOCUMENT REQUIREMENTS The following provides a list of documents typically required by State Auditors and general guidelines for Grantee. List of documents pertains to both Grant, and Grantee’s Cost Share, and details the documents/records that State Auditors would need to review in the event of this Grant Agreement is audited. Grantee should ensure that such records are maintained for each funded project. List of Documents for Audit Internal Controls: 1. Organization chart (e.g., Agency’s overall organization chart and organization chart for this Grant Agreement’s funded projects. 2. Written internal procedures and flowcharts for the following: a. Receipts, deposits and disbursements b. State reimbursement requests c. Grant expenditure tracking d. Guidelines, policy, and procedures on grant funded Program/Project 3. Audit reports of the Agency internal control structure and/or financial statements within the last two years. 4. Prior audit reports on grant funded Program/Project. Agreements and Contracts: 1. Original signed Grant Agreement, any amendment(s) and budget modification documents. 2. A listing of all bond-funded grants received from the State. 3. A listing of all other funding sources for the project. 4. All subcontractor and consultant contracts and related or partners documents, if applicable. Invoices: 1. Invoices from vendors and subcontractors for expenditures submitted to the State for payments under this Grant Agreement. 2. Documentation linking subcontractor invoices to State reimbursement, requests and related budget line items under this Grant Agreement. 3. Reimbursement requests submitted to the State for this Grant Agreement. Cash Documents: 1. Receipts (copies of warrants) showing payments received from the State. 2. Deposit slips (or bank statements) showing deposit of the payments received from the State. 3. Cancelled checks or disbursement documents showing payments made to vendors, subcontractors, consultants, and/or agents under this Grant Agreement. 4. Bank statements showing the deposit of the receipts. Accounting Records: 1. Ledgers showing entries for receipts and cash disbursements. 2. Ledgers showing receipts and cash disbursement entries of other funding sources. 3. Bridging documents that tie the general ledger to requests for grant reimbursement. Administration Costs: Supporting documents showing the calculation of administration costs. Personnel: 1. List of all contractors and Agency staff that worked on this grant funded project. 2. Payroll records including timesheets for contractor staff and the Agency personnel who provided services charged to this Grant Agreement. Project Files: 1. All supporting documentation maintained in the project files. 2. All correspondence related to this Grant Agreement. July 12, 2016 Contra Costa County Board of Supervisors 724 RECOMMENDATION(S): 1. APPROVE the design and bid documents, including the plans and specifications, for the El Sobrante Mini Park Improvements, 4191 Appian Way, El Sobrante, CA. [County Project No. 7757-6X5035] (District I) 2. AUTHORIZE the Public Works Director, or designee, to solicit bids to be received on or about August 11, 2016 and issue bid addenda, as needed, for clarification of the bid documents, provided the involved changes do not significantly increase the construction cost estimate. 3. DIRECT the Clerk of the Board to publish, at least 14 calendar days before the bid opening date, the Notice to Contractors in accordance with Public Contract Code Section 22037, inviting bids for this project. 4. DIRECT the Public Works Director, or designee, to send notices by email or fax and by U.S. Mail to the construction trade journals specified in Public Contract Code Section 22036 at least 15 calendar days before the bid opening. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/12/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I Supervisor Contact: Jason Chen, Special Districts 925-313-2299 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 12, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 12 To:Board of Supervisors From:Julia R. Bueren, Public Works Director/Chief Engineer Date:July 12, 2016 Contra Costa County Subject:APPROVE and AUTHORIZE Advertisement of El Sobrante Mini Park Improvements 4191 Appian Way, El Sobrante, CA. July 12, 2016 Contra Costa County Board of Supervisors 725 FISCAL IMPACT: Funding for this project is provided by East Bay Regional Park District Measure WW Local Grant Program (65%), Park Dedication Funds (27%) and Library Funds (8%). BACKGROUND: Plans and specifications for the project have been prepared for the Public Works Department by Callander Associates and filed with the Clerk of the Board by the Public Works Director. The construction cost estimate is $640,000.00 and the general prevailing wage rates are on file with the Clerk of the Board of Supervisors and will be the minimum rates paid on this project. Voter approved Measure WW allocated grant funds to local parks for improvements. Special Districts met with the Supervisor Gioia’s Staff, El Sobrante Library Staff, and members of SPAWNERS to develop the proposed improvements at El Sobrante Mini Park. The purpose of the work is to rehabilitate the existing parking lot and renovate existing landscape and recreational facilities on the County land adjacent to the El Sobrante Library. The existing recreational facilities include gardens (reading, demonstration, and memorial), landscaped walkways along Appian Way and Garden Road, and landscaped pathways leading to a riparian interpretive trail along San Pablo Creek. The work will remove the deteriorating parking lot surface and replace it with pervious asphalt to meet County C.3 Clean Water requirements, renovate the existing landscaping along all the above mentioned landscaped walkways and improve landscaping around the reading garden. An existing open space located at the rear of the library will be converted into a plaza with a raised podium for events. Upkeep of the improvements will be part of the routine maintenance of County facilities. The Board found this project is a California Environmental Quality Act (CEQA), Class 2(c) Categorical Exemption, pursuant to Section 15302(c) of the CEQA Guideline during the February 11, 2014 board meeting. CONSEQUENCE OF NEGATIVE ACTION: If the project is not approved, the grant funds would be diverted to another agency project and project would not be constructed. July 12, 2016 Contra Costa County Board of Supervisors 726 RECOMMENDATION(S): APPROVE and AUTHORIZE the Director of Airports, or designee, to execute a month-to-month hangar rental agreement with Robert Worthington, Trustee of the Worthington Family Trust for a shade hangar at Buchanan Field Airport effective June 28, 2016 in the monthly amount of $177.07, Pacheco area. FISCAL IMPACT: The Airport Enterprise Fund will realize $2,124.84 annually. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/12/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I 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 12, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 10 To:Board of Supervisors From:Keith Freitas, Airports Director Date:July 12, 2016 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 July 12, 2016 Contra Costa County Board of Supervisors 727 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. 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-Robert Worthington Trustee July 12, 2016 Contra Costa County Board of Supervisors 728 July 12, 2016 Contra Costa County Board of Supervisors 729 July 12, 2016 Contra Costa County Board of Supervisors 730 RECOMMENDATION(S): APPROVE and AUTHORIZE the Director of Airports, or designee, to execute a license agreement for livestock grazing of the Brushy Creek Conservation Bank property at Byron Airport with Dennis Lopez, effective July 1, 2016, Byron area. (District III) FISCAL IMPACT: The Airport Enterprise Fund will realize a total of $1,680.00 annually in fees from effective date to November 30, 2020. The annual fee will then be increased by the change in the Consumer Price Index for the period from October 31, 2019 to October 31, 2020, effective December 1, 2020 to November 30, 2025. BACKGROUND: The Brushy Creek Conservation Bank (“BCCB”) property is approximately 120 acres and entirely within the unincorporated County. The BCCB property was donated to the County in June 2016 for the long-term protection of the adjacent Byron Airport. The BCCB is subject to an easement with the Department of Fish and Game (“Easement”) for the conservation of wildlife and native habitat values (collectively, “Conservation Values”). The BCCB property has been grazed to preserve APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/12/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I 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 12, 2016 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 12, 2016 Contra Costa County Subject:APPROVE and AUTHORIZE the Director of Airports, or designee, to execute a license agreement with Byron Airport livestock grazing tenant July 12, 2016 Contra Costa County Board of Supervisors 731 BACKGROUND: (CONT'D) its Conservation Values in accordance with the approved Management Plan. To minimize disruption for the pre-existing grazer, particularly during the grazing season, the County will enter into a license agreement with Dennis Lopez to graze the BCCB for an annual fee amount of $1,680 through November 30, 2020. The license may be extended for one five-year term and the new annual fee will be based on the change in the Consumer Price Index for the period from October 31, 2019 to October 31, 2020. CONSEQUENCE OF NEGATIVE ACTION: If the license agreement is not approved, the County will have to implement alternative measures for vegetation management in order to meet the conservation goals of the Easement. Such alternative measures may result in increased cost to the County to comply with the Easement. ATTACHMENTS BCCB Exhibit A July 12, 2016 Contra Costa County Board of Supervisors 732 July 12, 2016 Contra Costa County Board of Supervisors 733 RECOMMENDATION(S): 1. APPROVE the design, plans, and specifications for the above project. 2. DETERMINE that the bid submitted by Suarez & Muñoz Construction, Inc., complied with the requirements of the County’s Outreach Program for this project, as provided in the project specifications, and FURTHER DETERMINE that Suarez & Muñoz submitted the lowest responsive and responsible bid for this project. 3. FURTHER DETERMINE that Suarez & Muñoz, as the lowest responsive and responsible bidder for the above project, has entered into a Project Labor Agreement with the Contra Costa Building and Construction Trades Council to comply with the requirements of the County's Project Labor Agreement policy. 4. AWARD the construction contract for the above project to Suarez & Muñoz in the amount of $1,098,000 and DIRECT that the Public Works Director, or designee, prepare the contract. 5. DIRECT that Suarez & Muñoz shall submit two good and sufficient security bonds (performance and payment bonds) in the amount of $1,098,000 each. 6. ORDER that, after the contractor has signed the contract APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/12/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I Supervisor Contact: Adele Ho,(510) 815-4043 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 12, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 15 To:Board of Supervisors From:Julia R. Bueren, Public Works Director/Chief Engineer Date:July 12, 2016 Contra Costa County Subject:AWARD Construction Contract for Improvements for Hemme Station Park, 1193 Danville Boulevard, Alamo. July 12, 2016 Contra Costa County Board of Supervisors 734 RECOMMENDATION(S): (CONT'D) and returned it, together with the bonds, evidence 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. 7. ORDER that, in accordance with the project specifications and upon signature of the contract by the Public Works Director, or designee, any bid bonds posted by the bidders are exonerated and any checks or cash submitted for bid security shall be returned. 8. AUTHORIZE the Public Works Director, or designee, 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 Contract Code Section 22300. 9. AUTHORIZE the Public Works Director, or designee, to order changes or additions to the work pursuant to Public Contract Code Section 20142. 10. 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. FISCAL IMPACT: 100% County Service Area R-7A. BACKGROUND: The project consists of construction of a new neighborhood park on a currently vacant County-owned lot at the corner of Danville Boulevard and Hemme Avenue. This property adjacent to the Iron Horse Trail was identified as a future park site by the Alamo community as early as 2008, and the County acquired the property in 2014. A public meeting held in September 2014, a Community Survey, and subsequent meetings of the Alamo Municipal Advisory Council from 2014 through 2016 have gathered public input and led to the completion of a design by the County’s landscape architect consultant (Stantec). The design is for a respite park for travelers on the Iron Horse Trail and for the local community. It includes restrooms, drinking fountains and water station, bike racks, benches, shade structure with picnic tables, trash and recycling cans, pet waste disposal station, decomposed granite walking path, a central turf area, and associated landscaping. A tot lot play area and interpretive elements related to the area history and trains are also included. The park will be enclosed with split rail and solid fencing. The facilities will be accessible, per American with Disabilities Act guidelines. Access for park users will via a paved connector to the Iron Horse Trail. The consultant’s construction cost estimate is $946,550. General prevailing wage rates will be the minimum rates paid on this project. Bids were received and opened by the Public Works Department on June 16, 2016, and the bid results are as follows: BIDDER Suarez & Muñoz Construction, Inc., Hayward BID $1,098,00 Although this single bid is 16% higher than the consultants construction cost estimate of $946,550, it is reasonable considering the current bidding environment, and there is sufficient funding in the current project budget to cover the currently estimated total construction costs. Furthermore, re-bidding the project may not result in significantly lower bids and will result in a delay of construction into the rainy season. Staff has determined that Suarez & Muñoz 's bid is responsive and responsible, and that their good faith effort documentation complies with the County's Outreach Program. Staff recommends that the bid be awarded to Suarez & Muñoz in the amount of $1,098,000. July 12, 2016 Contra Costa County Board of Supervisors 735 CONSEQUENCE OF NEGATIVE ACTION: Failure to award the contract will require that the project be either re-advertised for bids, or postponed. Re-advertising for bids may or may not result in a lower cost, but will result in a delay of approximately 3 months to the project, with construction during the rainy season and 2017 completion. July 12, 2016 Contra Costa County Board of Supervisors 736 RECOMMENDATION(S): DENY late claim filed by Cianna Wall. FISCAL IMPACT: No fiscal impact. BACKGROUND: * APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/12/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I Supervisor Contact: Joellen Balbas 925-335-1906 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 12, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 19 To:Board of Supervisors From:David Twa, County Administrator Date:July 12, 2016 Contra Costa County Subject:Claims July 12, 2016 Contra Costa County Board of Supervisors 737 RECOMMENDATION(S): AUTHORIZE the discharge from accountability for the account of Home Solutions 4 You (Diana Wilde) totaling $403.43, which has been deemed uncollectible because the cost of recovery is excessive. FISCAL IMPACT: The account to be discharged totals $403.43. This past due amount is for services the Department of Information Technology provided during 2014. 100% General Fund. BACKGROUND: The department attempted to collect this account multiple times, but is still unable to collect. The responsible party states that the file sent was unusable for her needs. The department requests a discharge from accountability. CONSEQUENCE OF NEGATIVE ACTION: The Department of Information Technology will continue to carry the uncollectible account on the books, thereby overstating the receivables. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/12/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I Supervisor Contact: Ed Woo (925) 383-2688 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 12, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 18 To:Board of Supervisors From:Ed Woo, Chief Information Officer Date:July 12, 2016 Contra Costa County Subject:Discharge from Accountability for Uncollected Account for Department of Information Technology July 12, 2016 Contra Costa County Board of Supervisors 738 ATTACHMENTS Invoice & Letter July 12, 2016 Contra Costa County Board of Supervisors 739 July 12, 2016 Contra Costa County Board of Supervisors 740 July 12, 2016 Contra Costa County Board of Supervisors 741 July 12, 2016 Contra Costa County Board of Supervisors 742 July 12, 2016 Contra Costa County Board of Supervisors 743 RECOMMENDATION(S): APPROVE Board meeting minutes for May and June 2016, as on file with the Office of the Clerk of the Board. FISCAL IMPACT: None. BACKGROUND: Government Code Section 25101(b) requires the Clerk of the Board to keep and enter in the minute book of the Board a full and complete record of the proceedings of the Board at all regular and special meetings, including the entry in full of all resolutions and of all decisions on questions concerning the allowance of accounts. The vote of each member on every question shall be recorded. CONSEQUENCE OF NEGATIVE ACTION: Contra Costa County will fail to meet the requirements of Government Code Section 25101(b). APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/12/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I Supervisor Contact: Joellen Balbas 925.335.1906 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 12, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 20 To:Board of Supervisors From:David Twa, County Administrator Date:July 12, 2016 Contra Costa County Subject:APPROVE the Board Meeting minutes for May and June 2016 July 12, 2016 Contra Costa County Board of Supervisors 744 APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/12/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I Supervisor Contact: Fatima Matal Sol, 335-3307 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 12, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: Tasha Scott, M Wilhelm, Fatima Matal Sol C. 23 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:July 12, 2016 Contra Costa County Subject:Recognize Shirley Cheney as a volunteer for the Alcohol and Other Drugs Advisory Board July 12, 2016 Contra Costa County Board of Supervisors 745 CLERK'S ADDENDUM Speaker: Ralph Hoffmann, resident of Walnut Creek. AGENDA ATTACHMENTS Resolution No. 2016/452 MINUTES ATTACHMENTS Signed Resolution No. 2016/452 July 12, 2016 Contra Costa County Board of Supervisors 746 In the matter of:Resolution No. 2016/452 HONORING SHIRLEY CHENEY FOR HER YEARS AS A VOLUNTEER TO CONTRA COSTA COUNTY WHEREAS, Ms. Shirley Cheney consistently supported the mission of the Alcohol and Other Drugs Advisory Board; and WHEREAS, since her appointment in June 28, 2011, Ms. Shirley Cheney continuously served on the Alcohol and Other Drugs Advisory Board for four years and ten months; and WHEREAS, Ms. Shirley Cheney effectively collaborated with community partners to advance the objectives of the Advisory Board; and WHEREAS, Ms. Shirley Cheney enthusiastically supported of the Alcohol and Other Drugs Advisory Board projects pertaining to Older Adults and behavioral health disorders; and WHEREAS, Ms. Shirley Cheney represented the Alcohol and Other Drugs Advisory Board at several groups and coalitions; and WHEREAS, Ms. Shirley Cheney provided effective leadership to the Community Awareness Committee of the Alcohol and Other Drugs Advisory Board by providing prevention and treatment relevant information to address substance abuse issues amongst Older Adults and youth in the community ; and WHEREAS, Ms. Shirley Cheney fulfilled the mission of the Board by volunteering a number of hours at Calli House the Youth Shelter located in Richmond; and WHEREAS, the Alcohol and Other Drugs Advisory Board has been most fortunate to have had a person of her capabilities and dedication for the past four years and ten months of loyal volunteer services ; and WHEREAS, Ms. Shirley Cheney has been honored by her peers who are members of the Alcohol and Other Drugs Advisory Board at the occasion of their April 27, 2016 Monthly Board meeting. NOW, THEREFORE, BE IT RESOLVED that the County Board of Supervisors does hereby recognize Ms. Shirley Cheney for her many contributions to the Contra Costa County Alcohol and Other Drugs Advisory Board and wishes her the best in her continued endeavors to support the health and safety of Contra Costa County. ___________________ CANDACE ANDERSEN Chair, District II Supervisor ______________________________________ JOHN GIOIA MARY N. PIEPHO District I Supervisor District III Supervisor ______________________________________ KAREN MITCHOFF FEDERAL D. GLOVER District IV Supervisor District V 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 12, 2016 David J. Twa, By: ____________________________________, Deputy July 12, 2016 Contra Costa County Board of Supervisors 747 By: ____________________________________, Deputy July 12, 2016 Contra Costa County Board of Supervisors 748 C.23 July 12, 2016 Contra Costa County Board of Supervisors 749 APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/12/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I Supervisor Contact: Fatima Matal Sol, 335-3307 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 12, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: Tasha Scott, M Wilhelm, Fatima Matal Sol C. 21 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:July 12, 2016 Contra Costa County Subject:Recognizing Doug Sibley volunteer for Alcohol and Other Drugs Advisory July 12, 2016 Contra Costa County Board of Supervisors 750 CLERK'S ADDENDUM Speaker: Ralph Hoffmann, resident of Walnut Creek. AGENDA ATTACHMENTS Resolution No. 2016/450 MINUTES ATTACHMENTS Signed Resolution No. 2016/450 July 12, 2016 Contra Costa County Board of Supervisors 751 In the matter of:Resolution No. 2016/450 HONORING DOUG SIBLEY FOR HIS YEARS AS A VOLUNTEER TO CONTRA COSTA COUNTY WHEREAS, Mr. Doug Sibley consistently supported the mission of the Alcohol and Other Drugs Advisory Board; and WHEREAS, since his appointment in September 15, 2009, Mr. Doug Sibley continuously served on the Alcohol and Other Drugs Advisory Board for six years; and WHEREAS, Mr. Doug Sibley consistently supported the mission of the Alcohol and Other Drugs Advisory Board while serving as a Chair of the Board; and WHEREAS, Mr. Doug Sibley effectively collaborated with community partners to advance the objectives of the Advisory Board; and WHEREAS, Mr. Doug Sibley strived to improve the internal operations and governance of the Alcohol and Other Drugs Advisory Board; and WHEREAS, Mr. Doug Sibley represented the Alcohol and Other Drugs Advisory Board at the Tobacco Coalition; and WHEREAS, Mr. Doug Sibley provided efficient leadership to the Public Policy Committee of the Alcohol and Other Drugs Advisory Board to identify related bills and legislation intended to prevent and/or address substance abuse issues in the community ; and WHEREAS, the alcohol and other drugs Advisory Board has been most fortunate to have had a person of his capabilities and dedication for the past six years of loyal volunteer services ; and WHEREAS, Mr. Doug Sibley was honored by his peers who are members of the Alcohol and Other Drugs Advisory Board at the occasion of their April 27, 2016 Monthly Board meeting. NOW, THEREFORE, BE IT RESOLVED that the County Board of Supervisors does hereby recognize Mr. Doug Sibley for his many contributions to the Contra Costa County Alcohol and Other Drugs Advisory Board and wishes him the best in his continued endeavors to support the health and safety of Contra Costa County. ___________________ CANDACE ANDERSEN Chair, District II Supervisor ______________________________________ JOHN GIOIA MARY N. PIEPHO District I Supervisor District III Supervisor ______________________________________ KAREN MITCHOFF FEDERAL D. GLOVER District IV Supervisor District V 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 12, 2016 David J. Twa, By: ____________________________________, Deputy July 12, 2016 Contra Costa County Board of Supervisors 752 By: ____________________________________, Deputy July 12, 2016 Contra Costa County Board of Supervisors 753 C.21 July 12, 2016 Contra Costa County Board of Supervisors 754 APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/12/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS Contact: Fatima Matal Sol, 335-3307 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 12, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: , Deputy cc: Tasha Scott, M Wilhelm, Fatima Matal Sol C. 22 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:July 12, 2016 Contra Costa County Subject:Recognizing Jim Doyle volunteer in the Alcohol and Other Drugs Advisory Board July 12, 2016 Contra Costa County Board of Supervisors 755 CLERK'S ADDENDUM Speaker: Ralph Hoffmann, resident of Walnut Creek. AGENDA ATTACHMENTS Resolution No. 2016/451 MINUTES ATTACHMENTS Signed Resolution No. 2016/451 July 12, 2016 Contra Costa County Board of Supervisors 756 In the matter of:Resolution No. 2016/451 HONORING JIM DOYLE FOR HIS YEARS AS A VOLUNTEER TO CONTRA COSTA COUNTY WHEREAS, Mr. Jim Doyle consistently supported the mission of the Alcohol and Other Drugs Advisory Board; and WHEREAS, since his appointment in September 26, 2006 Mr. Jim Doyle continuously served on the Alcohol and Other Drugs Advisory Board for 8 years and 3 months; and WHEREAS, Mr. Jim Doyle effectively collaborated with community partners to advance the objectives of the Advisory Board; and WHEREAS, Mr. Jim Doyle enthusiastically supported the Alcohol and Other Drugs Advisory Board projects; and WHEREAS, Mr. Jim Doyle represented the Alcohol and Other Drugs Advisory Board at several groups and coalitions; and WHEREAS, Mr. Jim Doyle provided effective leadership to the Community Awareness Committee of the Alcohol and Other Drugs Advisory Board to assist with the coordination and implementation of the People Who Make a Difference Awards which recognizes individuals and groups who combat substance abuse issues in the community ; and WHEREAS, the Alcohol and Other Drugs Advisory Board has been most fortunate to have had a person of his talent and dedication for the past 8 years and 3 months of loyal volunteer services ; and WHEREAS, Mr. Doug Sibley has been honored by his peers who are members of the Alcohol and Other Drugs Advisory Board at the occasion of their April 27, 2016 Monthly Board meeting. THEREFORE, BE IT RESOLVED that the County Board of Supervisors does hereby recognize Mr. Jim Doyle for his many contributions to the Contra Costa County Alcohol and Other Drugs Advisory Board and wishes him the best in his continued endeavors to support the health and safety of Contra Costa County. ___________________ CANDACE ANDERSEN Chair, District II Supervisor ______________________________________ JOHN GIOIA MARY N. PIEPHO District I Supervisor District III Supervisor ______________________________________ KAREN MITCHOFF FEDERAL D. GLOVER District IV Supervisor District V 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 12, 2016 David J. Twa, By: ____________________________________, Deputy July 12, 2016 Contra Costa County Board of Supervisors 757 C.22 July 12, 2016 Contra Costa County Board of Supervisors 758 RECOMMENDATION(S): n/a FISCAL IMPACT: n/a BACKGROUND: n/a CHILDREN'S IMPACT STATEMENT: n/a APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/12/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I Supervisor Contact: Julie Bueren, 925-313-2201 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 12, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: C. 24 To:Board of Supervisors From:Julia R. Bueren, Public Works Director/Chief Engineer Date:July 12, 2016 Contra Costa County Subject:Recognizing Steve Silveira on the occasion of his retirement from the Public Works Department July 12, 2016 Contra Costa County Board of Supervisors 759 AGENDA ATTACHMENTS Resolution No. 2016/454 MINUTES ATTACHMENTS Signed Resolution No. 2016/454 July 12, 2016 Contra Costa County Board of Supervisors 760 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 07/12/2016 by the following vote: AYE: Candace Andersen Mary N. Piepho Karen Mitchoff Federal D. Glover NO: ABSENT:John Gioia ABSTAIN: RECUSE: Resolution No. 2016/454 IN THE MATTER OF RECOGNIZING the contributions of Steve Silveira on the occasion of his retirement from Contra Costa County. WHEREAS in 1993 Steve Silveira began his career with Contra Costa County at the Office of Revenue Collections as a Collection Services Agent II and in 1996 he was promoted to Senior Collection Services Agent and; WHEREAS in March of 1998 Steve was promoted to Collection Enforcement Supervisor and; WHEREAS in September of 1998 Steve joined the General Services Department as an Administrative Services Assistant II and in February 2000 he was promoted to Administrative Services Assistant III and; WHEREAS in 1999 Steve was recognized for his efforts on the Contra Costa County Charity Campaign and; WHEREAS in June of 2001 Steve received commendation for meeting deadlines and doing a thorough and complete job while producing incredible work under pressure and; WHEREAS in September of 2001 Steve was recognized for his “heroic effort” in helping the County meet production deadlines on a case over the Labor Day weekend and; WHEREAS in February of 2003 Steve received a Commendation for his efforts in the grant he investigated and procured for the new “neighborhood electric vehicle” in the Fleet Division which reduced costs to the County and; WHEREAS in December of 2004 Steve received three Commendations: for “hitting the ground running” working with the West County Wastewater District’s representative to amend the County’s sewer connection agreement understanding the complex history associated with this issue; for his competence relative to personnel matters that resulted in a successful hiring; and for his efforts in developing an Interdepartmental Service Agreement between the Probation and General Services Departments to support the Automotive Education Program at the Orin Allen Youth Facility that provided hands-on training and work experience for troubled youth and; WHEREAS in 2006 Steve was promoted to Administrative Services Officer and; WHEREAS in 2008 Steve was nominated for the Duane P. Leib Service Excellence Award, which recognized him for his outstanding contributions to customer service and innovative business practices, programs and service delivery in successfully coordinating a building security project for a County health and social services facility in a poor and high crime neighborhood. This implemented 112 recommendations for organizational improvements and; WHEREAS in July of 2010 Steve was appointed as the Acting Deputy General Services Director and in January of 2011 he was promoted to Deputy General Services Director and; WHEREAS Steve received special recognition for a “Perfect Attendance Record” in 1999, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2009, 2010, 2011 and; WHEREAS Steve served as a member on the Positive Human Diversity Committee and; WHEREAS Steve received a commendation for his assistance in making the first ever “Yard Sale” at the Recycling Center and; 4 1 July 12, 2016 Contra Costa County Board of Supervisors 761 WHEREAS Steve received a commendation letter from the Contra Costa Health Services Department for his efforts in organizing a 20 member team of employees from General Services to participate in the Strategic National Stockpile exercise that helped ensure Contra Costa’s readiness for a health emergency and; WHEREAS in 2012 when the General Services and Public Works Departments merged Steve became the Deputy Public Works Director and; WHEREAS Steve played a key role in the successful integration of General Services and Public Works into one Department. He has been a team player with the utmost integrity always acting in the interest of the County and the Department and with respect and consideration of the Department’s employees and customers and; WHEREAS Steve had the reputation as an effective, fair, and responsive manager, who has gained the respect, trust and confidence of Public Works staff, employees of the Human Resources Department, and other County administrative staff that he has worked with. NOW, THEREFORE, BE IT RESOLVED that Steve Silveira be recognized, upon his retirement, for 23 years of dedicated service to Contra Costa County and for the high quality of work performed by him during his career. Contact: Julie Bueren, 925-313-2201 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 12, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: July 12, 2016 Contra Costa County Board of Supervisors 762 C.2 July 12, 2016 Contra Costa County Board of Supervisors 763 RECOMMENDATION(S): 1. ACCEPT the Chief Engineer’s Report for Annexation No. 4 to Drainage Area 67A (DA 67A), for Subdivision 9366; 2. ADOPT the attached Resolution and FIX September 13, 2016, 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 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). APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/12/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I 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 12, 2016 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, Letitia Watters, County Auditor-Controller's Office, Brice Bins, County Treasurer-Tax Collector, Mike Carlson, Flood Control, Tim Jensen, Flood Control, Homira Shafaq, Engineering Services, Beth Balita, Finance, Dan Jordan, Flood Control--CWP, Catherine Windham, Flood Control C. 25 To:Contra Costa County Flood Control District Board of Supervisors From:Julia R. Bueren, Public Works Director/Chief Engineer Date:July 12, 2016 Contra Costa County Subject:Set hearing for Annexation No. 4 to Drainage Area 67A, for Subdivision 9366, Walnut Creek area. (100% Drainage Area 67A Funds) Project No. 7575-6D8166 July 12, 2016 Contra Costa County Board of Supervisors 764 FISCAL IMPACT: This assessment is levied $90.45 per year for 14 lots and $77.92 per year for 2 lots. Funds will be collected in DA 67A for use to perform annual maintenance of DA 67A facilities. BACKGROUND: Condition of Approval #20 under the Engineering section for Subdivision 9366 requires the annexation into DA 67A. Subdivision 9366 benefits from DA 67A facilities and is conditioned to annex into DA 67A to pay for its fair share of maintenance of these facilities. CONSEQUENCE OF NEGATIVE ACTION: If not approved, DA 67A will not receive necessary funding for maintenance of facilities and the final map for Subdivision 9366 will not be approved. AGENDA ATTACHMENTS Resolution No. 2016/442 DA 67A Annexation Exhibit C-Ballot Engineer's Report Exhibit A Exhibit B MINUTES ATTACHMENTS Signed Resolution No. 2016/442 July 12, 2016 Contra Costa County Board of Supervisors 765 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 07/12/2016 by the following vote: AYE: Candace Andersen Mary N. Piepho Karen Mitchoff Federal D. Glover NO: ABSENT:John Gioia ABSTAIN: RECUSE: Resolution No. 2016/442 In The Matter of: Adopting this Resolution accepting the Chief Engineer’s Report for Annexation #4 to Drainage Area 67A, for Subdivision 9366, and fixing a hearing for September 13, 2016, at 9:30 a.m. in compliance with Proposition 218, Walnut Creek 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 developers of Subdivision 9366 have 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 #4 to Contra Costa County Flood Control and Water Conservation District Drainage Area 67A.” 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 67A, 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. At 9:30 a.m. on September 13, 2016, in the chambers of the Board of Supervisors, Administration Building, 651 Pine Street, 4 1 July 12, 2016 Contra Costa County Board of Supervisors 766 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 12, 2016 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, Letitia Watters, County Auditor-Controller's Office, Brice Bins, County Treasurer-Tax Collector, Mike Carlson, Flood Control, Tim Jensen, Flood Control, Homira Shafaq, Engineering Services, Beth Balita, Finance, Dan Jordan, Flood Control--CWP, Catherine Windham, Flood Control July 12, 2016 Contra Costa County Board of Supervisors 767 July 12, 2016Contra Costa County Board of Supervisors768 July 12, 2016Contra Costa County Board of Supervisors769 EXHIBIT C Annexation of Subdivision 9366 into the Contra Costa County Flood Control and Water Conservation District Drainage Area 67A Assessment Assessment Ballot Annexation of: Subdivision 9366, Parcel 3 Record Owner: Contra Costa Jewish Community Center, Inc., A California Non-Profit Corporation Address: 2071 Tice Valley Blvd. Walnut Creek, CA 94595 ______ Yes, I approve of both the proposed annual assessment of $ 23.68 per IAU and the maximum annual assessment of $93.52 per IAU on each of the parcels identified in this ballot. ______ No, I do not approve of either the proposed annual assessment of $23.68 per IAU or the maximum assessment of $93.52 per IAU on each of these parcels. _______________________________________ Signature of Record Owner or Authorized Representative of the above identified parcels. _________________ Date G:\fldctl\CurDev\DA Annexations\DA 67A - Sub 9366\Assessment Ballot\Ballot-Exhibit C.doc July 12, 2016 Contra Costa County Board of Supervisors 770 EXHIBIT C Annexation of Subdivision 9366 into the Contra Costa County Flood Control and Water Conservation District Drainage Area 67A Assessment Assessment Ballot Annexation of: Subdivision 9366, Parcel 4 Record Owner: Address: Pulte Home Corporation, A Michigan Corporation 4511 Willow Rd., Suite 8 Pleasanton, CA 94588 ______ Yes, I approve of both the proposed annual assessment of $ 23.68 per IAU and the maximum annual assessment of $93.52 per IAU on each of the parcels identified in this ballot. ______ No, I do not approve of either the proposed annual assessment of $23.68 per IAU or the maximum assessment of $93.52 per IAU on each of these parcels. _______________________________________ Signature of Record Owner or Authorized Representative of the above identified parcels. _________________ Date G:\fldctl\CurDev\DA Annexations\DA 67A - Sub 9366\Assessment Ballot\Ballot-Exhibit C_P.doc July 12, 2016 Contra Costa County Board of Supervisors 771 ENGINEER’S REPORT FOR ANNEXATION #4 TO CONTRA COSTA FLOOD CONTROL AND WATER CONSERVATION DISTRICT DRAINAGE AREA 67A PREPARED BY THE STAFF OF THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT 255 GLACIER DRIVE MARTINEZ, CA 94553 May 2016 July 12, 2016 Contra Costa County Board of Supervisors 772 1. RECOMMENDATION: It is recommended that the Board of Supervisors authorize Annexation Number 4 to Drainage Area 67A 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: Flood Control District Drainage Area 67A, formed on June 23, 1987 per Board of Supervisors Resolution No. 87/391 consists of a portion of the Tice Creek watershed in the vicinity of Walnut Creek. The specific location of the areas to be annexed are described in Exhibit A, and shown in other exhibits on file for Subdivision 9366 in the Engineering Services division of the Public Works Department. 3. ANNEXATION AREA: The proposed annexation consists of 16 lots within Subdivision 9366 that contain approximately four acres. The 16 lots vary in size from 5,934 sq. ft. to 13,580 sq. ft. 4. REASON FOR ANNEXATION: Tice Creek has a long history of flooding and inundation. The storm water runoff from additional development within the watershed will compound the flooding problem. The Rossmoor detention basin, located near Tice Valley Road at Rossmoor Parkway limits the storm water flow reaching the Tice Creek. The benefit received by reduction of flow to Tice Creek reduces the impact of the increase in storm water created by additional development in the watershed, whether upstream or downstream of this detention basin. Therefore, all developments within the Tice Creek watershed benefit to a large degree by the existence of the Rossmoor detention basin. Like all man made facilities, the detention basin requires annual maintenance to ensure that it operates as designed. It is, therefore, equitable in the opinion of the Flood Control District that all properties benefitting by the existence of the detention basin pay a fair share toward its annual maintenance. Therefore, District staff recommends that subdivisions and other developments that will increase the storm water flow to Tice Creek channel be annexed to Drainage Area 67A and have the benefit assessment levied. The annexation to Drainage Area 67A 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 basin 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 surface area of the detention basin to be maintained is approximately 5.3 acres in size. The fiscal year 2016-17 maintenance budget for this basin is approximately $76,000 and there will be about $3,000 in administration costs. Therefore, it is estimated that the annual costs for DA 67A are $79,000.00. A breakdown of these costs is as follows: July 12, 2016 Contra Costa County Board of Supervisors 773 A. Trash rack and fence maintenance $9,000.00 B. Sediment removal $6,000.00 C. Vegetation management $58,000.00 D. Inspection and investigation $3,000.00 E. Administration $3,000.00 Estimated Total Annual Costs $79,000.00 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 storm water 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 16 parcels to be annexed to Drainage Area 67A. 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 59.17 impervious area units (IAU). Each IAU is 1,000 sq. ft. of impervious area. 8. BENEFIT ASSESSMENT IMPLEMENTATION: The annexation to Drainage Area 67A 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 $93.52 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). PRD:DJ G:\fldctl\CurDev\CITIES\Walnut Creek\Sub 9366, Trellis Residential Project\DA 67A Annexation\Annexation Sub 9366 Engr. Report.doc 5/26/16 July 12, 2016 Contra Costa County Board of Supervisors 774 Table A Drainage Area 67A Annexation Number 4 (1) Parcel Designation (2) Parcel Size (square feet) (3) Number of IAU per Parcel* (4) FY 16-17 Maintenance Cost Per IAU** (5) FY 16-17 Assessment (Col. 3 x Col. 4) (6) Maximum (Emergency) Assessment*** Lot 1 Sub 9366 6,376 3.29 $23.68 $77.92 $307.68 Lot 2 Sub 9366 6,409 3.29 $23.68 $77.92 $307.68 Lot 3 Sub 9366 13,412 3.82 $23.68 $90.47 $357.25 Lot 4 Sub 9366 12,485 3.82 $23.68 $90.47 $357.25 Lot 5 Sub 9366 10,606 3.82 $23.68 $90.47 $357.25 Lot 6 Sub 9366 9,904 3.82 $23.68 $90.47 $357.25 Lot 7 Sub 9366 10,305 3.82 $23.68 $90.47 $357.25 Lot 8 Sub 9366 8,363 3.82 $23.68 $90.47 $357.25 Lot 9 Sub 9366 5,934 2.93 $23.68 $69.39 $274.01 Lot 10 Sub 9366 13,580 3.82 $23.68 $90.47 $357.25 Lot 11 Sub 9366 9,504 3.82 $23.68 $90.47 $357.25 Lot 12 Sub 9366 10,496 3.82 $23.68 $90.47 $357.25 Lot 13 Sub 9366 8,858 3.82 $23.68 $90.47 $357.25 Lot 14 Sub 9366 10,316 3.82 $23.68 $90.47 $357.25 Lot 15 Sub 9366 10,624 3.82 $23.68 $90.47 $357.25 Lot 16 Sub 9366 11,363 3.82 $23.68 $90.47 $357.25 Sub 9366 total 59.17 Current DA 67A IAU 3276.52 New DA 67A IAU 3335.69 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 $79,000 / Total number of IAU’s. *** Maximum Assessment determined by adjusting the maximum assessment approved in DA 67A formation document ($50) by Caltrans “Price Index for Selected California Construction Items” to current year, resulting in $93.52. Maximum assessment value is updated annually. July 12, 2016 Contra Costa County Board of Supervisors 775 July 12, 2016 Contra Costa County Board of Supervisors 776 July 12, 2016 Contra Costa County Board of Supervisors 777 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 9:00 a.m. on September 13, 2016 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 67A 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 67A of Subdivision 9366 located in the City of Walnut Creek. 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 67A - Sub 9366\Legal Notice Mst.-Exhibit B.doc July 12, 2016 Contra Costa County Board of Supervisors 778 RECOMMENDATION(S): ACCEPT resignation of James Ryan, DECLARE a vacancy in the District IV-B Seat on the Alcohol and Other Drugs Advisory Board, and DIRECT the Clerk of the Board to post the vacancy, as recommended by Supervisor Karen Mitchoff. FISCAL IMPACT: None BACKGROUND: The mission of the Contra Costa County Alcohol and Other Drugs Advisory Board is to assess family and community needs regarding treatment and prevention of alcohol and drug abuse problems. They report the findings and recommendations to the Contra Costa Health Services Department, the Board of Supervisors and the communities they serve. The Alcohol and Other Drugs Advisory Board in collaboration with the Alcohol and Other Drug Services Division of Contra Costa Health Services. They provide input and recommendations as they pertain to alcohol and other drugs prevention, intervention, and treatment services. CONSEQUENCE OF NEGATIVE ACTION: A new appointment to the District IV-B Seat would not be possible. This could impact the advisory body's ability to reach a quorum and hold meetings. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/12/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I Supervisor Contact: Dominic Aliano, (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 12, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: C. 35 To:Board of Supervisors From:Karen Mitchoff, District IV Supervisor Date:July 12, 2016 Contra Costa County Subject:ACCEPT Resignation of James Ryan for the District IV-B Seat on the Alcohol and Other Drugs Advisory Board July 12, 2016 Contra Costa County Board of Supervisors 779 AGENDA ATTACHMENTS MINUTES ATTACHMENTS Vacancy Notice July 12, 2016 Contra Costa County Board of Supervisors 780 July 12, 2016Contra Costa County Board of Supervisors781 RECOMMENDATION(S): ACCEPT the resignation of David Meza, DECLARE a vacancy in the North Richmond Resident Seat on the North Richmond Municipal Advisory Council, and DIRECT the Clerk of the Board to post the vacancy. FISCAL IMPACT: None. BACKGROUND: David Meza wishes to resign his seat on the North Richmond Municipal Advisory Council for personal reasons. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/12/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I Supervisor Contact: Robert Rogers 510-231-8688 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 12, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: C. 29 To:Board of Supervisors From:John Gioia, District I Supervisor Date:July 12, 2016 Contra Costa County Subject:Accept the resignation of David Meza from the North Richmond Municipal Advisory Council July 12, 2016 Contra Costa County Board of Supervisors 782 AGENDA ATTACHMENTS MINUTES ATTACHMENTS Vacancy Notice July 12, 2016 Contra Costa County Board of Supervisors 783 July 12, 2016Contra Costa County Board of Supervisors784 RECOMMENDATION(S): 1. ACKNOWLEDGE that adoption of a new Master Resolution with a complete roster of all appointments is required by Board policy whenever terms expire or new appointments are made. 2. ADOPT Resolution No. 2016/432 to appoint Supervisor Karen Mitchoff as the Board of Supervisors' representative to the Contra Costa Family Justice Alliance effective September 1, 2016 to an initial 28-month term ending December 31, 2018; thereafter, the seat term shall be fixed at 24 months ending on December 31. 3. INDICATE that this Resolution No. 2016/432 supersedes in its entirety Resolution No. 2016/79, which was adopted by the Board of Supervisors on February 9, 2016. FISCAL IMPACT: No fiscal impact. Stipends are not provided for this office. BACKGROUND: On June 14, 2016, the Board of Supervisors received a presentation by the Employment and Human Services Department on the formation of the Contra Costa Family Justice Alliance and coordination and funding activities for Zero Tolerance for Domestic Violence initiatives. The Board voted unanimously to appoint one of its members to represent the Board of Supervisors on the Contra Costa Family Justice Alliance. I am recommending that Supervisor Karen Mitchoff be appointed, effective September 1, 2016 for a initial 28 month term ending on December 31, 2018. Thereafter, seat terms will be for two years in duration, ending on December 31. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/12/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I 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 12, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: Zero Tolerance Manager, CAO, Supervisor Karen Mitchoff C. 31 To:Board of Supervisors From:Candace Andersen, District II Supervisor Date:July 12, 2016 Contra Costa County Subject:APPOINTMENT OF MEMBER OF THE BOARD O SUPERVISORS TO THE CONTRA COSTA FAMILY JUSTICE ALLIANCE BOARD OF DIRECTORS July 12, 2016 Contra Costa County Board of Supervisors 785 BACKGROUND: (CONT'D) > The Family Justice Alliance seeks to build on the success of the Contra Costa Family Justice Centers to ensure a compassionate, comprehensive response to the needs of victims experiencing family violence regardless of where they live. Building on the current foundation of the Family Justice Centers, the Family Justice Alliance will provide a formalized structure for shared governance and sustainability of the Contra Costa Family Justice Centers in order to ensure the efficient use of resources, consistent access to quality services across communities, streamlining of policies, and a coordinated focus on the needs of families experiencing violence in Contra Costa County. The Family Justice Alliance will leverage the combined strengths of local and regional public, nonprofit, and private partners to improve outcomes for victims and their families in a way that will be responsive to the diverse needs, geographies, and cultures of the western, central, and eastern regions of the county. Ultimately, the Contra Costa Family Justice Alliance will coordinate a comprehensive countywide safety net for victims of family violence, including those affected by domestic violence, sexual assault, child abuse, elder abuse, and human trafficking and their families. Specifically, the Family Justice Alliance will: Provide infrastructure, including workspace, supplies, and communications, for partners who co-locate services at the Family Justice Centers in order to increase efficiencies and ensure high-quality service delivery; Encourage collaboration among partners in order to align and integrate victim services; Inform and engage local communities in family violence prevention and response; Identify and share promising practices with partners; Work with partners to identify and pursue funding opportunities to support these activities; and Support integration of data and tracking of outcomes by: Working with partners to use common data collection tools, Identifying outcomes for all partners to track, and Encouraging data sharing among partners as appropriate, without compromising victim confidentiality and safety. PROPOSED GOVERNANCE MODEL The Contra Costa Family Justice Alliance has been established as an independent 501(c)(3) nonprofit organization. Figure 2 provides an overview of the proposed organizational structure for the Family Justice Alliance, and is followed by descriptions of the various levels and groups within the proposed structure. The proposed structure of the Family Justice Alliance Board of Directors is intended to maintain and enhance support from a diverse set of public agencies and private and nonprofit organizations and draw upon the experience and expertise of individual community members. The structure of the Board mirrors the public/private partnerships already in place at each Center. To ensure ongoing participation and support from key public agencies and private organizations, the Board of Directors will include institutional seats in addition to individual seats. The Board will be composed of 13 seats: seven institutional seats and six individual seats. All directors will be asked to serve for at least two years to build continuity. Institutional seats will include representatives of public, private, and non-profit organizations. The proposed institutional seats include: 1. The Contra Costa County Board of Supervisors; 2. Zero Tolerance for Domestic Violence; 3. The Contra Costa County Mayor's Conference; 4. The Contra Costa County Police Chiefs Association; 5. The Contra Costa County District Attorney's Office; 6. A nonprofit, community-based victim services organization; and 7. The East Bay Leadership Council. July 12, 2016 Contra Costa County Board of Supervisors 786 The Board of Directors' responsibilities will include: Developing and sustaining the Family Justice Alliance mission, vision, and values; Setting and upholding policies; Participating in short- and long-term strategic planning while ensuring survivor input; Approving annual project budgets and monitoring financial performance; Assisting with fundraising; Selecting and evaluating the Family Justice Alliance Executive Director; Supporting the Family Justice Alliance Executive Director and staff in fulfilling program goals; Providing input into program development; Serving as an ambassador for the Family Justice Alliance within the community and with key partners; and Assisting with communication and education of the public CONSEQUENCE OF NEGATIVE ACTION: If the Board elects not to approve the recommendation, then the Board will not be represented on the Contra Costa Family Justice Alliance. CHILDREN'S IMPACT STATEMENT: The recommendation supports the following children's outcomes: Families that are Safe, Stable and Nurturing; and Communities that are Safe and Provide a High Quality of Life for Children and Families. AGENDA ATTACHMENTS Resolution No. 2016/432 Attachment A to Resolution No. 2016/432: BOS Committee Assignments MINUTES ATTACHMENTS Signed Resolution No. 2016/432 July 12, 2016 Contra Costa County Board of Supervisors 787 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 07/12/2016 by the following vote: AYE: Candace Andersen Mary N. Piepho Karen Mitchoff Federal D. Glover NO: ABSENT:John Gioia ABSTAIN: RECUSE: Resolution No. 2016/432 IN THE MATTER OF UPDATING BOARD MEMBER ASSIGNMENTS TO 2016 BOARD COMMITTEES, SPECIAL COUNTY COMMITTEES, AND REGIONAL ORGANIZATIONS AND MAKE AN APPOINTMENT TO THE CONTRA COSTA FAMILY JUSTICE ALLIANCE BOARD OF DIRECTORS WHEREAS from time to time throughout the year, the Board Chair reviews and makes recommendations to the Board to modify and update committee assignments; and WHEREAS the Board of Supervisors has been asked to appoint a representative to the newly formed Contra Costa Family Justice Alliance Board of Directors; and WHEREAS the Family Justice Alliance seeks to build on the success of the Contra Costa Family Justice Centers to ensure a compassionate, comprehensive response to the needs of victims experiencing family violence regardless of where they live; and WHEREAS the Family Justice Alliance will provide a formalized structure for shared governance and sustainability of the Contra Costa Family Justice Centers in order to ensure the efficient use of resources, consistent access to quality services across communities, streamlining of policies, and a coordinated focus on the needs of families experiencing violence in Contra Costa County; and WHEREAS the Family Justice Alliance will leverage the combined strengths of local and regional public, nonprofit, and private partners to improve outcomes for victims and their families in a way that will be responsive to the diverse needs, geographies,and cultures of the western, central, and eastern regions of the county; and WHEREAS the Contra Costa Family Justice Alliance will coordinate a comprehensive countywide safety net for victims of family violence, including those affected by domestic violence, sexual assault, child abuse, elder abuse, and human trafficking and their families; and WHEREAS adoption of a new Master Resolution with a complete roster of all appointments is required by Board policy whenever new appointments are made; NOW, THEREFORE, THE BOARD OF SUPERVISORS RESOLVES TO: 1. APPOINT Supervisor Karen Mitchoff as the Board of Supervisors' representative to the Contra Costa Family Justice Alliance Board of Directors, effective September 1, 2016, for a 28 month period ending on December 31, 2018. 2. FIX successive terms of appointment for this seat at two years expiring on December 31 (i.e., 2020, 2022, 2024, etc.) 3. APPOINT the Board members and other individuals to serve on Board committees, special county committees and regional boards / committees / commissions as specified in the revised Master List (see Attachment A) as Type I for Board Standing Committees, Type II for Other Internal Committees, Type III for Regional Bodies, Type IV for Special/Restricted seats, and Type V for Board Ad Hoc Committees. 4 1 July 12, 2016 Contra Costa County Board of Supervisors 788 4. INDICATE that this Resolution No. 2016/432 supersedes in its entirety Resolution No. 2016/79, which was adopted by the Board of Supervisors on February 9, 2016. 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 12, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: Zero Tolerance Manager, CAO, Supervisor Karen Mitchoff July 12, 2016 Contra Costa County Board of Supervisors 789 July 12, 2016Contra Costa County Board of Supervisors790 July 12, 2016Contra Costa County Board of Supervisors791 ATTACHMENT A TO RESOLUTION NO. 2016/432CONTRA COSTA COUNTY BOARD OF SUPERVISORS COMMITTEE ASSIGNMENTS2016New TermType*Committee NameAppointeeExpirationStipend InformationI Airport Committee, ChairMary N. Piepho12/31/2016NO STIPENDI Airport Committee, Vice ChairKaren Mitchoff12/31/2016NO STIPENDI Family & Human Services Committee, ChairCandace Andersen12/31/2016NO STIPENDIFamily & Human Services Committee, Vice ChairFederal D. Glover12/31/2016NO STIPENDI Finance Committee, ChairFederal D. Glover12/31/2016NO STIPENDIFinance Committee, Vice ChairMary N. Piepho12/31/2016NO STIPENDI Hiring Outreach & Oversight Committee, ChairKaren Mitchoff12/31/2016NO STIPENDIHiring Outreach & Oversight Committee, Vice‐ChairJohn Gioia12/31/2016NO STIPENDI Internal Operations Committee, ChairJohn Gioia12/31/2016NO STIPENDIInternal Operations Committee, Vice ChairCandace Andersen12/31/2016NO STIPENDI Legislation Committee, ChairFederal D. Glover12/31/2016NO STIPENDILegislation Committee, Vice ChairKaren Mitchoff12/31/2016NO STIPENDI Public Protection, ChairCandace Andersen12/31/2016NO STIPENDIPublic Protection, Vice ChairJohn Gioia12/31/2016NO STIPENDI Transportation, Water & Infrastructure Committee, ChairMary N. Piepho12/31/2016NO STIPENDITransportation, Water & Infrastructure Committee, Vice ChairCandace Andersen12/31/2016NO STIPENDNote:  Type 1:  Internal Standing Committees; Type II:  Internal appts; Type III: Regional appts; Type IV:  Special/Restricted appts; Type V:  ad hoc committeesAs of 7/12/16*Or his designee** Appointed by CCC Fire Protection District BOD1 of 7July 12, 2016Contra Costa County Board of Supervisors792 ATTACHMENT A TO RESOLUTION NO. 2016/432CONTRA COSTA COUNTY BOARD OF SUPERVISORS COMMITTEE ASSIGNMENTS2016New TermType*Committee NameAppointeeExpirationStipend InformationII Bay Area Counties CaucusKaren Mitchoff12/31/2016NO STIPENDII Bay Area Counties Caucus, AlternateCandace Andersen12/31/2016NO STIPENDII Bay Area Regional Interoperable Communications System (BayRICS) AuthorityMike Casten12/31/2016NO STIPENDII BayRICS Authority, AlternateElise Warren12/31/2016NO STIPENDII California Identification System Remote Access Network Board  (Cal‐ID RAN Board)Mary N. Piepho12/31/2016NO STIPENDII Central Contra Costa Solid Waste AuthorityCandace Andersen12/31/2016STIPEND of $50/meeting; max of 2 paid/monthIICentral Contra Costa Solid Waste AuthorityKaren Mitchoff12/31/2016STIPEND of $50/meeting; max of 2 paid/monthII City‐County Relations CommitteeFederal D. Glover12/31/2016NO STIPENDII City‐County Relations CommitteeMary N. Piepho12/31/2016NO STIPENDII City‐County Relations Committee, AlternateKaren Mitchoff12/31/2016NO STIPENDII Contra Costa Family Justice AllianceKaren Mitchoff12/31/2018NO STIPENDIIContra Costa Health Plan Joint Conference CommitteeKaren Mitchoff12/31/2016NO STIPENDII Contra Costa Health Plan Joint Conference CommitteeCandace Andersen12/31/2016NO STIPENDII Dougherty Valley Oversight CommitteeMary N. Piepho12/31/2016NO STIPENDII Dougherty Valley Oversight CommitteeCandace Andersen12/31/2016NO STIPENDII East Bay Regional Communication System (EBRCS) Authority Governing BoardKaren Mitchoff12/31/2016NO STIPENDII East Bay Regional Communication System (EBRCS) Authority Governing Board, AlternateCandace Andersen12/31/2016NO STIPENDII East Contra Costa County Habitat Conservancy, Governing BoardMary N. Piepho12/31/2016NO STIPENDII East Contra Costa County Habitat Conservancy, Governing Board, AlternateFederal D. Glover12/31/2016NO STIPENDII East Contra Costa Regional Fee & Finance AuthorityMary N. Piepho12/31/2016NO STIPENDII East Contra Costa Regional Fee & Finance Authority, AlternateFederal D. Glover12/31/2016NO STIPENDII East County Water Management AssociationMary N. Piepho12/31/2016STIPEND of $170/meeting; max 6 per monthII East County Water Management Association, AlternateFederal D. Glover12/31/2016STIPEND of $170/meeting; max 6 per monthII eBART (Bay Area Rapid Transit) Partnership Policy Advisory CommitteeFederal D. Glover12/31/2016NO STIPENDII eBART (Bay Area Rapid Transit) Partnership Policy Advisory CommitteeMary N. Piepho12/31/2016NO STIPENDII First 5 Children and Families Commission Alternate MemberKaren Mitchoff12/31/2016NO STIPENDII Hazardous Waste Management Facility Allocation CommitteeKaren Mitchoff12/31/2016STIPEND of $150 per meeting. II Hazardous Waste Management Facility Allocation Committee, AlternateCandace Andersen12/31/2016STIPEND of $150 per meeting. II Library Needs Assessment Steering CommitteeKaren Mitchoff12/31/2016NO STIPEND/inactiveIIMedical Services Joint Conference Committee, ChairJohn Gioia12/31/2016NO STIPENDII Medical Services Joint Conference Committee, Vice ChairFederal D. Glover12/31/2016NO STIPENDII North Richmond Waste and Recovery Mitigation Fee CommitteeJohn Gioia12/31/2016NO STIPENDII North Richmond Waste and Recovery Mitigation Fee Committee, AlternateRobert Rogers12/31/2016NO STIPENDNote:  Type 1:  Internal Standing Committees; Type II:  Internal appts; Type III: Regional appts; Type IV:  Special/Restricted appts; Type V:  ad hoc committeesAs of 7/12/16*Or his designee** Appointed by CCC Fire Protection District BOD2 of 7July 12, 2016Contra Costa County Board of Supervisors793 ATTACHMENT A TO RESOLUTION NO. 2016/432CONTRA COSTA COUNTY BOARD OF SUPERVISORS COMMITTEE ASSIGNMENTS2016New TermType*Committee NameAppointeeExpirationStipend InformationII Open Space/Parks & East Bay Regional Parks District Liaison Committee, ChairFederal D. Glover12/31/2016NO STIPENDII Open Space/Parks & East Bay Regional Parks District Liaison Committee, Vice ChairMary N. Piepho12/31/2016NO STIPENDII Pleasant Hill BART/Contra Costa Centre Joint Powers Authority Board of TrusteesKaren Mitchoff12/31/2016NO STIPENDII Pleasant Hill BART/Contra Costa Centre Joint Powers Authority Board of TrusteesCandace Andersen12/31/2016NO STIPENDII State Route 4 Bypass AuthorityMary N. Piepho12/31/2016NO STIPENDII State Route 4 Bypass Authority, AlternateFederal D. Glover12/31/2016NO STIPENDII SWAT (Southwest Area Transportation Committee)Candace Andersen12/31/2016NO STIPENDII SWAT, AlternateKaren Mitchoff12/31/2016NO STIPENDII TRAFFIX (Measure J Traffic Congestion Relief Agency)Candace Andersen12/31/2016NO STIPENDII TRAFFIX (Measure J Traffic Congestion Relief Agency), AlternateKaren Mitchoff12/31/2016NO STIPENDII TRANSPAC (Central County Transportation Partnership and Cooperation)Karen Mitchoff12/31/2016NO STIPENDII TRANSPAC, AlternateCandace Andersen12/31/2016NO STIPENDII TRANSPLAN (East County Transportation Planning)Mary N. Piepho12/31/2016NO STIPENDII TRANSPLAN, AlternateFederal D. Glover12/31/2016NO STIPENDII Tri‐Valley Transportation CouncilCandace Andersen12/31/2016NO STIPENDII Urban Counties CaucusFederal D. Glover12/31/2016NO STIPENDII Urban Counties Caucus, AlternateKaren Mitchoff12/31/2016NO STIPENDIIWCCTAC (West County Transportation Advisory Committee)John Gioia12/31/2016NO STIPENDII WCCTAC, AlternateFederal D. Glover12/31/2016NO STIPENDII West Contra Costa Integrated Waste Management AuthorityFederal D. Glover12/31/2016STIPEND of $50 per meeting. II West Contra Costa Integrated Waste Management Authority, AlternateJohn Gioia12/31/2016STIPEND of $50 per meeting. Note:  Type 1:  Internal Standing Committees; Type II:  Internal appts; Type III: Regional appts; Type IV:  Special/Restricted appts; Type V:  ad hoc committeesAs of 7/12/16*Or his designee** Appointed by CCC Fire Protection District BOD3 of 7July 12, 2016Contra Costa County Board of Supervisors794 ATTACHMENT A TO RESOLUTION NO. 2016/432CONTRA COSTA COUNTY BOARD OF SUPERVISORS COMMITTEE ASSIGNMENTS2016New TermType*Committee NameAppointeeExpirationStipend InformationIII ABAG Regional Planning CommitteeKaren Mitchoff12/31/2016STIPEND of $150 per meeting. III Bay Area Air Quality Management District Board of DirectorsKaren Mitchoff1/20/2020Per diem of $100/meeting + travel exp; max $6,000III Bay Area Air Quality Management District Board of DirectorsJohn Gioia6/17/2017Per diem of $100/meeting + travel exp; max $6,000III Central Contra Costa Transit Authority (CCCTA) Board of DirectorsCandace Andersen5/1/2017STIPEND of $100 per meeting; up to $200 monthIII Central Contra Costa Transit Authority (CCCTA) Board of Directors AlternateKaren Mitchoff5/1/2017STIPEND of $100 per meeting; up to $200 monthIII Contra Costa Transportation Authority Board of Commissioners (seat 1)Federal D. Glover1/31/2017STIPEND of $100 per meeting; up to $400 monthIIIContra Costa Transportation Authority Board of Commissioners (Seat 2)Karen Mitchoff12/31/2018STIPEND of $100 per meeting; up to $400 monthIII Contra Costa Transportation Authority Board of Commissioners, Alternate (Seat 1)John Gioia1/31/2017STIPEND of $100 per meeting; up to $400 monthIII Contra Costa Transportation Authority Board of Commissioners, Second Alternate (Seat 1)Candace Andersen1/31/2017STIPEND of $100 per meeting; up to $400 monthIII Contra Costa Transportation Authority Board of Commissioners, Third Alternate (Seat 1)Mary N. Piepho1/31/2017STIPEND of $100 per meeting; up to $400 monthIII Contra Costa Transportation Authority, Alternate (Seat 2)Candace Andersen12/31/2018STIPEND of $100 per meeting; up to $400 monthIII Local Agency Formation CommissionFederal D. Glover5/7/2018STIPEND of $150 per meeting. III Local Agency Formation CommissionMary N. Piepho5/7/2018STIPEND of $150 per meeting. III Local Agency Formation Commission, AlternateCandace Andersen5/4/2020STIPEND of $150 per meeting. III Metropolitan Transportation CommissionFederal D. Glover2/1/2019STIPEND of $100/meeting; up to $500/month per agency.III Regional Airport Planning CommitteeKaren Mitchoff12/31/2016inactiveIIISan Joaquin Valley Rail CommitteeNow composed of non‐elected officials.eff. 10/9/15NO STIPENDIII San Joaquin Valley Rail CommitteeNow composed of non‐elected officials.eff. 10/9/15NO STIPENDIII Tri Delta Transit Authority, Board of Directors (Seat 1)Federal D. Glover12/31/2016STIPEND of $100/monthIII Tri Delta Transit Authority, Board of Directors (Seat 2)Mary N. Piepho12/31/2017STIPEND of $100/monthIII Water Emergency Transportation Authority (WETA), Community Advisory CommitteeFederal D. Glover12/31/2016NO STIPENDIII WETA, Community Advisory Committee, AlternateJohn Gioia12/31/2016NO STIPENDNote:  Type 1:  Internal Standing Committees; Type II:  Internal appts; Type III: Regional appts; Type IV:  Special/Restricted appts; Type V:  ad hoc committeesAs of 7/12/16*Or his designee** Appointed by CCC Fire Protection District BOD4 of 7July 12, 2016Contra Costa County Board of Supervisors795 ATTACHMENT A TO RESOLUTION NO. 2016/432CONTRA COSTA COUNTY BOARD OF SUPERVISORS COMMITTEE ASSIGNMENTS2016New TermType*Committee NameAppointeeExpirationStipend InformationIV ABAG (Association of Bay Area Counties) General AssemblyFederal D. Glover12/31/2016NO STIPENDIV ABAG Executive Board (Seat 1)Karen Mitchoff6/30/2018STIPEND of $150 per meeting. IV ABAG Executive Board (Seat 2)Candace Andersen6/30/2018STIPEND of $150 per meeting. IV ABAG Executive Board, Alternate 1John Gioia6/30/2018STIPEND of $150 per meeting. IV ABAG Executive Board, Alternate 2Mary N. Piepho6/30/2018STIPEND of $150 per meeting. IVABAG Finance Authority for Nonprofit Corporations Board of Directors and its Executive Committee Karen Mitchoff12/31/2016NO STIPENDIVABAG Finance Authority for Nonprofit Corporations Board of Directors and its Executive Committee, First AlternateRussell Watts12/31/2016NO STIPENDIVABAG Finance Authority for Nonprofit Corporations Board of Directors and its Executive Committee, Second AlternateBelinda Zhu12/31/2016NO STIPENDIVABAG General AssemblyKaren Mitchoff12/31/2016NO STIPENDIV ABAG General Assembly, AlternateCandace Andersen12/31/2016NO STIPENDIV ABAG General Assembly, AlternateJohn Gioia12/31/2016NO STIPENDIV Bay Conservation & Development CommissionJohn Gioia12/31/2016STIPEND of $100 per meeting; max of 4 meetings.IV Bay Conservation & Development Commission, AlternateFederal D. Glover12/31/2016STIPEND of $100 per meeting; max of 4 meetings.IV CCCERA (Contra Costa County Employees Retirement Association) Board of TrusteesCandace Andersen6/30/2017STIPEND of $100 per meeting.IV Clayton Redevelopment Successor Agency Oversight BoardKaren MitchoffUnspecifiedNO STIPENDIV Concord Redevelopment Successor Agency Oversight BoardKaren MitchoffUnspecifiedNO STIPENDIV Contra Costa County Redevelopment Successor Agency Oversight BoardFederal D. GloverUnspecifiedNO STIPENDIV Contra Costa County Redevelopment Successor Agency Oversight BoardKaren MitchoffUnspecifiedNO STIPENDIV CSAC (California State Association of Counties) Board of DirectorsJohn Gioia11/28/2017NO STIPENDIV CSAC Board of Directors, AlternateKaren Mitchoff11/28/2017NO STIPENDIV Delta Diablo Sanitation District Governing BoardFederal D. Glover12/31/2016STIPEND of $170 per meeting; max of 6 meetings.IVDelta Diablo Sanitation District Governing Board, AlternateKaren Mitchoff12/31/2016STIPEND of $170 per meeting; max of 6 meetings.IV Delta Protection CommissionMary N. Piepho12/31/2016NO STIPENDIV Delta Protection Commission, AlternateKaren Mitchoff12/31/2016NO STIPENDIV Doctors Medical Center Management Authority Governing BoardINACTIVEUnspecifiedNO STIPENDIV First 5 Children and Families Commission MemberFederal D. Glover12/31/2016NO STIPENDIV Kensington Solid Waste Coordinating CommitteeJohn Gioia*UnspecifiedNO STIPENDIV Law Library Board of TrusteesThomas Cain12/31/2016NO STIPENDIV Mental Health CommissionCandace Andersen12/31/2016NO STIPENDIV Mental Health Commission, AlternateMary N. Piepho12/31/2016NO STIPENDIV North Coast Shoreline Joint Powers AuthorityFederal D. Glover12/31/2016NO STIPENDNote:  Type 1:  Internal Standing Committees; Type II:  Internal appts; Type III: Regional appts; Type IV:  Special/Restricted appts; Type V:  ad hoc committeesAs of 7/12/16*Or his designee** Appointed by CCC Fire Protection District BOD5 of 7July 12, 2016Contra Costa County Board of Supervisors796 ATTACHMENT A TO RESOLUTION NO. 2016/432CONTRA COSTA COUNTY BOARD OF SUPERVISORS COMMITTEE ASSIGNMENTS2016New TermType*Committee NameAppointeeExpirationStipend InformationIV North Coast Shoreline Joint Powers Authority John Gioia12/31/2016NO STIPENDIV Pittsburg Redevelopment Successor Agency Oversight BoardFederal D. GloverUnspecifiedNO STIPENDIV Pleasant Hill Redevelopment Successor Agency Oversight BoardKaren MitchoffUnspecifiedNO STIPENDIV Sacramento‐San Joaquin Delta Conservancy BoardKaren MitchoffUnspecifiedNO STIPENDIV Sacramento‐San Joaquin Delta Conservancy Board, AlternateMary N. PiephoUnspecifiedNO STIPENDIV San Pablo Redevelopment Successor Agency Oversight BoardVACANTUnspecifiedNO STIPENDIV Walnut Creek Redevelopment Successor Agency Oversight BoardKaren MitchoffUnspecifiedNO STIPENDNote:  Type 1:  Internal Standing Committees; Type II:  Internal appts; Type III: Regional appts; Type IV:  Special/Restricted appts; Type V:  ad hoc committeesAs of 7/12/16*Or his designee** Appointed by CCC Fire Protection District BOD6 of 7July 12, 2016Contra Costa County Board of Supervisors797 ATTACHMENT A TO RESOLUTION NO. 2016/432CONTRA COSTA COUNTY BOARD OF SUPERVISORS COMMITTEE ASSIGNMENTS2016New TermType*Committee NameAppointeeExpirationStipend InformationV Industrial Safety Ordinance/Community Warning System Ad Hoc CommitteeJohn GioiaUnspecifiedNO STIPENDV Industrial Safety Ordinance/Community Warning System Ad Hoc CommitteeFederal D. GloverUnspecifiedNO STIPENDV Northern Waterfront Economic Development Ad Hoc CommitteeFederal D. GloverUnspecifiedNO STIPENDV Northern Waterfront Economic Development Ad Hoc CommitteeMary N. PiephoUnspecifiedNO STIPENDV Sustainability Ad Hoc Committee, ChairJohn GioiaUnspecifiedNO STIPENDVSustainability Ad Hoc Committee, Vice ChairFederal D. GloverUnspecifiedNO STIPENDNote:  Type 1:  Internal Standing Committees; Type II:  Internal appts; Type III: Regional appts; Type IV:  Special/Restricted appts; Type V:  ad hoc committeesAs of 7/12/16*Or his designee** Appointed by CCC Fire Protection District BOD7 of 7July 12, 2016Contra Costa County Board of Supervisors798 RECOMMENDATION(S): APPOINT Ms. Kristin Haegeland as the Pinole Local Committee representative on the Advisory Council on Aging as recommended by the Pinole Advisory Council and the Employment and Human Services Department Director. FISCAL IMPACT: Not applicable. BACKGROUND: Ms. Haegeland was recommended by the Pinole Advisory council. Ms. Haegeland resides in Pinole, CA. This seat is currently vacant. The term ends September 30, 2016. The Advisory Council on Aging provides county-wide planning, cooperation, and coordination of individuals and groups interested in providing and developing services and opportunities for the older residents of the county. The Council provides leadership and advocacy on behalf of older persons and serves as a channel of communication and information on aging. CONSEQUENCE OF NEGATIVE ACTION: The Advisory Council on Aging may be unable to conduct routine business. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/12/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I 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 12, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: C. 27 To:Board of Supervisors From:Kathy Gallagher, Employment & Human Services Director Date:July 12, 2016 Contra Costa County Subject:Appointment to the Advisory Council on Aging July 12, 2016 Contra Costa County Board of Supervisors 799 CHILDREN'S IMPACT STATEMENT: Not applicable. July 12, 2016 Contra Costa County Board of Supervisors 800 RECOMMENDATION(S): APPOINT Douglas Knowles to the Member at Large Seat #11 on the Advisory Council on Aging for a term expiring September 30, 2017 as recommended by the Family and Human Services Committee. FISCAL IMPACT: None BACKGROUND: The Advisory Council on Aging provides a means for county-wide planning, cooperation and coordination for individuals and groups interested in improving and developing services and opportunities for the older residents of this county. The Council provides leadership and advocacy on behalf of older persons and serves as a channel of communication and information on aging. Mr. Knowles application was reviewed and approved at the June 13, 2016 meeting of the Family and Human Services Committee. CONSEQUENCE OF NEGATIVE ACTION: Council may not be able to conduct routine business CHILDREN'S IMPACT STATEMENT: None APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/12/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I Supervisor Contact: Enid Mendoza 5-1039 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 12, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: C. 34 To:Board of Supervisors From:FAMILY & HUMAN SERVICES COMMITTEE Date:July 12, 2016 Contra Costa County Subject:Appointments to the Advisory Council on Aging July 12, 2016 Contra Costa County Board of Supervisors 801 ATTACHMENTS DL Knowles - redacted July 12, 2016 Contra Costa County Board of Supervisors 802 July 12, 2016Contra Costa County Board of Supervisors803 July 12, 2016Contra Costa County Board of Supervisors804 July 12, 2016Contra Costa County Board of Supervisors805 July 12, 2016Contra Costa County Board of Supervisors806 RECOMMENDATION(S): Approve the results for the June 14, 2016 Contra Costa County Employees' Retirement Association Board Election. FISCAL IMPACT: None. BACKGROUND: Elections Code 15372 requires the elections official to prepare a certified statement of results of the election and submit it to the governing body within 28 days. The following votes were determined: David J. MacDonald 1371 Brian D. Hast 487 Blank/Over-Voted/Write In 6 Total Received 1864 The following candidates will be appointed in lieu of election because the number of candidates did not exceed the number to be elected: Retired Member #8 - Jerry Telles Retired Alternate Member #8 - Louis Kroll APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/12/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I 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 12, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: C. 30 To:Board of Supervisors From:Joseph E. Canciamilla, Clerk-Recorder Date:July 12, 2016 Contra Costa County Subject:APPROVE RESULTS AND APPOINTMENTS IN LIEU FOR THE JUNE 14, 2016 CCC EMPLOYEES' RETIREMENT ASSOC. ELECTION July 12, 2016 Contra Costa County Board of Supervisors 807 CONSEQUENCE OF NEGATIVE ACTION: Candidates will not receive official approval and authorization to serve according to Resolution No. 2016/45. ATTACHMENTS Election Certificate July 12, 2016 Contra Costa County Board of Supervisors 808 July 12, 2016 Contra Costa County Board of Supervisors 809 RECOMMENDATION(S): DECLARE vacant Seat #1 on the County Historical Landmarks Committee previously held by Mr. James Wright, due to his resignation, and DIRECT the Clerk of the Board to post the vacancy. FISCAL IMPACT: None. BACKGROUND: On June 13, 2016, correspondence was received from Mr. Wright expressing his inability to serve on the committee due to personal reasons. CONSEQUENCE OF NEGATIVE ACTION: The seat must first be declared vacant before it may be filled. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/12/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I Supervisor Contact: Christine Louie, (925) 674-7787 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 12, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: C. 28 To:Board of Supervisors From:John Kopchik, Director, Conservation & Development Department Date:July 12, 2016 Contra Costa County Subject:Declare Vacancy on the Contra Costa County Historical Landmarks Advisory Committee July 12, 2016 Contra Costa County Board of Supervisors 810 AGENDA ATTACHMENTS MINUTES ATTACHMENTS Vacancy Notice July 12, 2016 Contra Costa County Board of Supervisors 811 July 12, 2016Contra Costa County Board of Supervisors812 RECOMMENDATION(S): APPROVE the medical staff and Travis resident appointments and reappointments, additional privileges, department change request, medical staff advancement, and a revised re-entry plan as recommended by the the Health Services Director and the Medical Staff Executive Committee at their June 20, 2016 meeting. 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. A revised re-entry plan is to accommodate policy changes. 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: 07/12/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I Supervisor Contact: Anna Roth, 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 12, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: Tasha Scott, M Wilhelm, Sana Salman C. 36 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:July 12, 2016 Contra Costa County Subject:Medical Staff Appointments and Reappointments – June 2016 July 12, 2016 Contra Costa County Board of Supervisors 813 CHILDREN'S IMPACT STATEMENT: Not applicable. ATTACHMENTS List reentry plan July 12, 2016 Contra Costa County Board of Supervisors 814 MEC Recommendations –June 2016 Definitions: A=Active C=Courtesy Aff=Affliate P/A= Provisional Active P/C= Provisional Courtesy Page 1 A. New Medical Staff Members Lauren Gent, PsyD Psychiatry/Psychology (Wright Institute) Sofia Kerbawy, MD Pediatrics Neil Khanna, MD Psychiatry/Psychology Diana Verde, MD Psychiatry/Psychology B. New Teleradiologist Staff Members Russell Kosik, MD Bhargav Raman, MD C. Travis Residents – Family Medicine Nathan Damiano, MD Phillip Matthews, MD Philip Oro, MD D. Request for Additional Privileges Department Requesting Michael Downing, MD Family Medicine Flexible Sigmoidoscopy -U Kathryn Hamlin, MD Family Medicine Post Graduation FM Jennifer Owen, MD Family Medicine Post Graduation FM Marcie Richmond, MD Family Medicine Post Graduation FM J. Request for Department Change Previous Primary Department Requesting Primary Department Brett Curtis, MD General Surgery Family Medicine E. Advance to Non-Provisional Saadet Atay-Rosenthal, MD Diagnostic Imaging Peter Binstock, MD Internal Medicine Preeti D’Souza, DDS Dental Rachel Greenberg, PsyD Psychiatry/Psychology Robert Huberman, MD Diagnostic Imaging Fayaz Ibrahim, MD Psychiatry/Psychology Jelriza Mansouri, MD Obstetrics & Gynecology Karen Marcus, MD Psychiatry/Psychology Daniel Moring-Parris, MD Family Medicine Zulfikar Rasool Vali, MD Psychiatry/Psychology Leonid Treyger, MD Family Medicine Emma H. Wilson, PhD Psychiatry/Psychology Christopher Zamani, MD Family Medicine F. Biennial Reappointments Neary Arpajirakul, MD Family Medicine A Alison D Block, MD Family Medicine A Rodney J Chan, DPM Surgery-Podiatry A Linda E Copeland, MD Pediatrics C Lilia de Jesus, MD Pediatrics C July 12, 2016 Contra Costa County Board of Supervisors 815 MEC Recommendations –June 2016 Definitions: A=Active C=Courtesy Aff=Affliate P/A= Provisional Active P/C= Provisional Courtesy Page 2 Craig M Desoer, MD Family Medicine A Kenneth Etefia, MD Psychiatry/Psychology A Matthew S Falk, MD Diagnostic Imaging C Christopher Farnitano, MD Family Medicine A David Goldstein, MD Emergency Medicine A Prashanthi Gujjula, MD Family Medicine A Jonathan Kalkstein, MD Psychiatry/Psychology C David I Kleinerman, MD Surgery A Ritu Malik, MD Emergency Medicine A Craig A Nielsen, MD Anesthesia A Michael Puell, MD Family Medicine A Rachel Steinhart, MD Emergency Medicine A Michael Stokes, DDS Dental P Indra P Singh, MD Psychiatry/Psychology A Jason Sun, MD Internal Medicine C Sonia Sutherland, MD Internal Medicine A Hiromi Takekuma, DO Internal Medicine C Opal Taylor, MD Emergency Medicine A Sergio Urcuyo, MD Hospitalist A Michelle Wong, MD Family Medicine A Courtney Wright, MD OB/GYN A G. Biennial Renew of Privileges Rebecca A Arcos, NP Pediatrics Alberto G Hernandez, NP Pediatrics Analisa Loewen, NP Family Medicine Diana McDonald,NP Pediatrics H. Biennial Reappointment for Teleradiologist (VRAD) Cristina Cavazos, MD Jannell Diaz-Horsley, MD Kevin McDonnell, MD Marc Paul, MD James Turner, MD I. Voluntary Resignations Alessandra D’Avanzo, MD Family Medicine Jeremy Fish, MD Family Medicine David Safianoff, MD Internal Medicine Walter Walters, MD Anesthesia Deron Warren, MD Emergency Medicine July 12, 2016 Contra Costa County Board of Supervisors 816 Supervision/ Re-entry Plan for Ambulatory Providers with Limited Recent Experience Recommendation: The Department Head should inform Credentialing Committee Chair of the intent to develop an individualized “Supervision Plan” for any provider who does not meet the criteria for current competence for unrestricted privileges. The plan should be submitted to the Credentialing Committee for discussion and approval. The plan is only in effect after it has been approved by the Credentialing Committee Such a plan would only be developed if the Department Head felt it was in the best interest of the organization. Administration is under no obligation to provide any resources. Therefore, their buy in and agreement to provide any needed resources should be sought early in the process. The general outline would be as follows: 1. Preliminary Phase: The provider meets with the Department Head to review policies, protocols, recent changes in practice, and the plan for supervision. 2. Teaching Phase: The provider works with an experienced clinician to refresh skills and learn recent changes. The Provider should have no roster to provide ample time for teaching. A minimum number of clinics would be determined ahead of time. When the Department Head decides the provider is ready, he or she can move to the next phase 3. Transition Phase: For several more clinics the physician sees patients on his or her own. A minimum number is decided on in advance. The provider has easy access to consultants and is encouraged to ask questions. Charts from all clinics are reviewed retrospectively to ensure good care is being provided and to find opportunities for teaching. The provider meets with the department or division head regularly to discuss cases and questions. Roster is reduced by two patients as is customary for new providers. The Department Head would determine when the provider is ready to move on to the next phase. 4. Individualized Consultation: After completing the above phases, the Department Head would determine what level of continued consultation is needed. This might be consulting on particular types of cases, only consulting when the provider thinks it is appropriate, or some other form of supervision. The provider would continue with consultation until he or she met the criteria for unrestricted privileges. July 12, 2016 Contra Costa County Board of Supervisors 817 The plan for retraining might have more than one area required. For example, there might be one implemented for family practice and another in prenatal care or some other specialty. Approved by Credentials Committee on June 1st, 2016 July 12, 2016 Contra Costa County Board of Supervisors 818 RECOMMENDATION(S): Supervisor Gioia wishes to reappoint Antwon Cloird to the District 1-C seat of the Alcohol and Other Drugs Advisory Board, to a term ending on June 30, 2019. FISCAL IMPACT: None BACKGROUND: The Alcohol and Other Drugs Advisory Board performs duties previously specified in Section 11809 and Subdivision (k) of Section 11964 of the Health and Safety Code, with the exception of budget approval. Antwon Cloird has been serving successfully on the Alcohol and Other Drugs Advisory Board and Supervisor Gioia wishes to reappoint him. CONSEQUENCE OF NEGATIVE ACTION: If this action is not approved, the seat will remain vacant. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/12/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I 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 12, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: C. 33 To:Board of Supervisors From:John Gioia, District I Supervisor Date:July 12, 2016 Contra Costa County Subject:Reappoint Antwon Cloird to the Alcohol and Other Drugs Advisory Boards District 1-C seat. July 12, 2016 Contra Costa County Board of Supervisors 819 RECOMMENDATION(S): REAPPOINT the following individual to the District IV Family Member seat on the Mental Health Commission for a term with an expiration date of June 30, 2019, as recommended by Supervisor Karen Mitchoff: Samuel S. Yoshioka Pleasant Hill, CA 94523 FISCAL IMPACT: None. BACKGROUND: The Contra Costa County Mental Health Commission was established by order of the Contra Costa County Board of Supervisors on June 22, 1993, pursuant to the Welfare & Institution Code 5604, also known as the Bronzan-McCorquodale Act, Stats. 1992, c. 1374 (A.B. 14). The primary purpose of the Commission is to serve in an advisory capacity to the Board of Supervisors from each of the five districts for a term of three years. Each district has a consumer of mental health services, family member and an at-large representative on the Commission, for a total of 15 members plus a representative from the Board of Supervisors. CONSEQUENCE OF NEGATIVE ACTION: If this action is not approved, the seat will become vacant. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/12/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I 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 12, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: C. 26 To:Board of Supervisors From:Karen Mitchoff, District IV Supervisor Date:July 12, 2016 Contra Costa County Subject:REAPPOINT Samuel Yoshioka to the District IV Family Seat of the Mental Health Commission July 12, 2016 Contra Costa County Board of Supervisors 820 July 12, 2016 Contra Costa County Board of Supervisors 821 RECOMMENDATION(S): REASSIGN Clover Mahn from Seat 6 to Seat 2, and ABOLISH Seats 6 and 7 on the Rodeo Municipal Advisory Council. 1. DIRECT the County Administrator to update the Section 5 - MAC Membership Size of the MAC Policies to reflect this modification. 2. FISCAL IMPACT: No fiscal impact. Membership on the Board's municipal advisory councils is not compensated. BACKGROUND: The purpose of the Rodeo Municipal Advisory Council (RMAC) is to advise the Board of Supervisors on land use and planning matters affecting the Rodeo community, and represent the Rodeo community before the County Planning Commission, the Zoning Administrator, and the County Board of Supervisors on such land use, planning, and zoning matters. The primary activity of the RMAC over the past 17 years has been to advise the District Supervisor for Rodeo, and County staff, on redevelopment projects that were planned to add infrastructure APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/12/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I Supervisor Contact: VINCENT MANUEL 925-335-8200 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 12, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: C. 32 To:Board of Supervisors From:Federal D. Glover, District V Supervisor Date:July 12, 2016 Contra Costa County Subject:REDUCE MEMBERSHIP OF THE RODEO MUNICIPAL ADVISORY COUNCIL FROM SEVEN TO FIVE SEATS July 12, 2016 Contra Costa County Board of Supervisors 822 BACKGROUND: (CONT'D) improvements and assist in making improvements to the Rodeo Redevelopment Project Area. However, since the State of California abolished the Redevelopment Program, there are no ongoing projects in the Rodeo Area needing community input, as had been the custom in the past. Consequently, it has been increasingly difficult to attract citizens to participate on the RMAC. Therefore, I am recommending that the RMAC membership be reduced from 7 to 5 members. CONSEQUENCE OF NEGATIVE ACTION: If the membership is not reduced, the RMAC may not be able to achieve a quorum and hold regular meetings. July 12, 2016 Contra Costa County Board of Supervisors 823 RECOMMENDATION(S): APPROVE Appropriations and Revenue Adjustment No. 5079 authorizing new revenue in the amount of $87,300 in various special tax levy zones within County Service Area P-6 for fiscal year 2015/16 and appropriating it for the provision of extended law enforcement services FISCAL IMPACT: This action increases revenue and appropriations by $87,300. BACKGROUND: The above action adjusts the special tax rate per parcel in County Service Area (CSA) P-6 Zones as outlined in each zone Ordinance. In July of each calendar year, the Board of Supervisors authorizes the special tax rate to be levied upon parcels in each CSA P-6 Zone based on the June CPI-U indicator released by the Bureau of Labor Statistics (BLS) as discussed in the fiscal impact section. Due to the significant amount of parcels in CSA P-6 zones, only the cumulative special tax amount is included in the fiscal impact section. Information regarding specific parcel taxes in particular zones is available for inspection in the Sheriff's Fiscal Services unit. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/12/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I 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 12, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Liz Arbuckel, Heike Anderson, Tim Ewell C. 38 To:Board of Supervisors From:David O. Livingston, Sheriff-Coroner Date:July 12, 2016 Contra Costa County Subject:Appropriation Adjustment - County Service Area P-6 Zones - Special Tax Levy - FY 15-16 July 12, 2016 Contra Costa County Board of Supervisors 824 CONSEQUENCE OF NEGATIVE ACTION: Fiscal year 2015/16 expenditure appropriations will be insufficient to cover actual expenditures. CHILDREN'S IMPACT STATEMENT: No impact. AGENDA ATTACHMENTS Appropriation and Revenue Adjustment No. 5079 MINUTES ATTACHMENTS Signed: Appropriation and Revenue Adjustment No. 5079 July 12, 2016 Contra Costa County Board of Supervisors 825 July 12, 2016Contra Costa County Board of Supervisors826 July 12, 2016Contra Costa County Board of Supervisors827 July 12, 2016Contra Costa County Board of Supervisors828 July 12, 2016Contra Costa County Board of Supervisors829 RECOMMENDATION(S): APPROVE Appropriation and Revenue Adjustment No. 5080 authorizing new revenue in the amount of $3,000,000 in the Contra Costa County Fire Protection District EMS Transport Fund (7040) and appropriating it to fund expenditures related to the provision of ambulance transport services within Contra Costa County. FISCAL IMPACT: This action records the interfund transfer that occurred on March 3, 2016, and balances end of year revenue and expenditures within the CCCFPD EMS Transport Fund. BACKGROUND: On November 17, 2015, acting as the Governing Board of the Contra Costa County Fire Protection District (CCCFPD), the Board of Directors authorized the Auditor-Controller to make transfers from the CCCFPD Operating Fund (Fund No. 202000) to the new CCCFPD EMS Transport Fund (Fund No. 204000), as necessary, to maintain fund balance available to pay expenditures secured by anticipated receivables from the provision of ambulance service. On March 3, 2016, funds in the amount of three million dollars ($3,000,000) were transferred from the CCCFPD Operating Fund to the APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/12/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I Supervisor Contact: Jackie Lorrekovich, Chief Admin Svcs (925) 941-3312 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 12, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 37 To:Contra Costa County Fire Protection District Board of Directors From:Jeff Carman, Chief, Contra Costa County Fire Protection District Date:July 12, 2016 Contra Costa County Subject:Appropriation and Revenue Adjustment – CCCFPD EMS Transport Fund July 12, 2016 Contra Costa County Board of Supervisors 830 BACKGROUND: (CONT'D) CCCFPD EMS Transport Fund. This action records that interfund transfer as revenue to the CCCFPD EMS Transport Fund and appropriates it to expenditures related to the provision of ambulance service. On the expenditure side, expenditures for professional services have been increased to reflect payments to the ambulance service provider, payments to the billing service provider, and a reimbursement to the CCCFPD Operating Fund for estimated fire first responder fees for the first quarter (January through March) of calendar year 2016. AGENDA ATTACHMENTS Appropriations and Revenue Adjustment No. 5080 MINUTES ATTACHMENTS Signed: Appropriations and Revenue Adjustment No. 5080 July 12, 2016 Contra Costa County Board of Supervisors 831 July 12, 2016Contra Costa County Board of Supervisors832 July 12, 2016Contra Costa County Board of Supervisors833 July 12, 2016Contra Costa County Board of Supervisors834 July 12, 2016Contra Costa County Board of Supervisors835 RECOMMENDATION(S): ADOPT Position Adjustment Resolution No. 21872 to add one (1) Victim/Witness Assistance Program Specialist (65SA) (represented) position at salary plan and grade QV5 1191 ($3,619-$4,399) in the Victim's Compensation Program to provide services as a restitution services in the District Attorney's Office. FISCAL IMPACT: This position will be 100% grant funded. BACKGROUND: The California Constitution, Article 1, Section 28, guarantees a victims’ right to restitution. Victim/Witness Program Specialists assist victims in Contra Costa County with the application for restitution funds from the Victim’s Compensation Program (VCP) to cover the losses that they have experienced as a result of being a victim of crime. The Restitution Specialists work to recover those funds from the defendants who committed the crime by obtaining court APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/12/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I 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 12, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: Cherie Mathisen C. 40 To:Board of Supervisors From:Mark Peterson, District Attorney Date:July 12, 2016 Contra Costa County Subject:Add one Victim-Witness Assist. Program Spec. position to the Victim's Compensation Program July 12, 2016 Contra Costa County Board of Supervisors 836 BACKGROUND: (CONT'D) orders of restitution. Without the work of the Restitution Specialists, the funds to support victims of crime would be greatly reduced. The Restitution Specialist is a county wide resource for victims, community based organizations, prosecutors, law enforcement, the Probation Department, and the defense bar. CONSEQUENCE OF NEGATIVE ACTION: The Victim-Witness Program Specialist position delivers a comprehensive range of support services to victims and or witnesses of crime. This position is a county-wide resource for victims, community-based organizations, prosecutors, law enforcement, the Probation Department, and the defense bar. If this action is not approved, the District Attorney's office will not have an additional position to provide services funded by the grant award; the funds to support victims of crime would be greatly reduced. CHILDREN'S IMPACT STATEMENT: No impact. AGENDA ATTACHMENTS P300 No. 21872 MINUTES ATTACHMENTS Signed P300 No. 21872 July 12, 2016 Contra Costa County Board of Supervisors 837 POSITION ADJUSTMENT REQUEST NO. 21872 DATE 7/12/2016 Department No./ Department District Attorney Budget Unit No. 0242 Org No. 2860 Agency No. 42 Action Requested: Add one (1) Victim/Witness Assistance Program Specialist (65SA) (represented) position at salary level QV5 1191 to the District Attorney's office Victim's Compensation Program Unit. Proposed Effective Date: 7/13/2016 Classification Questionnaire attached: Yes No / Cost is within Department’s budget: Yes No Total One-Time Costs (non-salary) associated with request: Estimated total cost adjustment (salary / benefits / one time): Total annual cost $72,336.00 Net County Cost $0.00 Total this FY $66,308.00 N.C.C. this FY $0.00 SOURCE OF FUNDING TO OFFSET ADJUSTMENT 100% Victim Compensation grant funds Department must initiate necessary adjustment and submit to CAO. Use additional sheet for further explanations or comments. Mark A. Peterson ______________________________________ (for) Department Head REVIEWED BY CAO AND RELEASED TO HUMAN RESOURCES DEPARTMENT Timothy M. Ewell 6/17/2016 ___________________________________ ________________ Deputy County Administrator Date HUMAN RESOURCES DEPARTMENT RECOMMENDATIONS DATE Add one Victim/Witness Assistance Program Specialist at salary plan and grade QV5 1191 ($3,619-$4,399) position. Amend Resolution 71/17 establishing positions and resolutions allocating classes to the Basic / Exempt salary schedule. Effective: Day following Board Action. (Date) Amanda Monson 6/23/2016 ___________________________________ ________________ (for) Director of Human Resources Date COUNTY ADMINISTRATOR RECOMMENDATION: DATE 7/7/2016 Approve Recommendation of Director of Human Resources Disapprove Recommendation of Director of Human Resources Timothy M. Ewell 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 July 12, 2016 Contra Costa County Board of Supervisors 838 REQUEST FOR PROJECT POSITIONS Department Date 7/7/2016 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 July 12, 2016 Contra Costa County Board of Supervisors 839 July 12, 2016Contra Costa County Board of Supervisors840 RECOMMENDATION(S): ADOPT Position Adjustment Resolution No. 21876 to reallocate the salary of Pharmacist I (VYWA) at salary plan and grade level TC5 – 1998 ($8,047 - $9,316) to ($9,657 - $11,179) and Pharmacist II (VYTA) at salary plan and grade level TC5 - 1964 ($7,781 - $9,931) to ($9,337 - $11,917) in the Health Services Department. (Represented) FISCAL IMPACT: Upon approval, this action has an annual cost of approximately $757,430.64 with pension cost of $230,738.15 already included. Costs will be funded by Hospital Enterprise I Fund. (100%) BACKGROUND: The base salaries for these classifications are not competitive enough to recruit and retain staff. There are 26 permanent full-time Pharmacists positions, and although the recruitment is on a continuous filing, 12 of the positions remain vacant. Since 2014 eight pharmacists have voluntarily resigned and two have retired. Due to the epic staffing crisis, the Department APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/12/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS Contact: Melissa Carofanello - melissa.carofanello@hsd.cccounty.us - 925-957-5248 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 12, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: , Deputy cc: C. 39 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:July 12, 2016 Contra Costa County Subject:Reallocate the salary of Pharmacist I (VYWA) and Pharmacist II (VYTA) in the Health Services Department July 12, 2016 Contra Costa County Board of Supervisors 841 BACKGROUND: (CONT'D) has been forced to rearrange staff schedules in order to meet the core hours of operation. In reviewing the salaries of like positions in other Bay Area counties, the Health Services Department found Contra Costa County’s compensation in the pharmaceutical field is significantly below market. The Department is requesting to reallocate the salaries of the identified classifications in order to compete with not only other counties, but private hospitals such as Kaiser and John Muir Medical. CONSEQUENCE OF NEGATIVE ACTION: If this action is not approved the department will be in jeopardy of maintaining the staffing levels required to provide service to the patients of Contra Costa Regional Medical Center and members of the Contra Costa Health Plan. CHILDREN'S IMPACT STATEMENT: Not Applicable. CLERK'S ADDENDUM RELISTED to a future date undetermined. ATTACHMENTS P300 Cost Sheet Union Notification AIR 25920 p300 21876 July 12, 2016 Contra Costa County Board of Supervisors 842 POSITION ADJUSTMENT REQUEST NO. DATE 6/2/2016 Department No./ Department HEALTH SERVICES Budget Unit No. 0540 Org No. 6345 Agency No. A18 Action Requested: Reallocate salary of Pharmacist I and Pharmacist II in the Health Services Department. Proposed Effective Date: 7/1/2016 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 $757,430.64 Net County Cost $0.00 Total this FY $757,430.64 N.C.C. this FY $0.00 SOURCE OF FUNDING TO OFFSET ADJUSTMENT Hospital Enterprise I Fund Department must initiate necessary adjustment and submit to CAO. Use additional sheet for further explanations or comments. Melissa Carofanello ______________________________________ (for) Department Head REVIEWED BY CAO AND RELEASED TO HUMAN RESOURCES DEPARTMENT ___________________________________ ________________ Deputy County Administrator Date HUMAN RESOURCES DEPARTMENT RECOMMENDATIONS DATE 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 Approve Recommendation of Director of Human Res ources Disapprove Recommendation of Director of Human Resources 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 July 12, 2016 Contra Costa County Board of Supervisors 843 REQUEST FOR PROJECT POSITIONS Department Date 6/2/2016 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 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 July 12, 2016 Contra Costa County Board of Supervisors 844 Salary $111,797.88 Employer Paid Benefits*$52,545.00 Health/Dental $13,134.00 One Time Costs $0.00 Total Cost $177,476.88 Deferred comp Benefit $0 ANNUAL TOTAL COST $177,476.88 *Includes:7.65% FICA 3.48% Workers Compensation 0.37% Unemployment $39,688.25 35.50% Pension JOB CLASSIFICATION Position Adjustment Request Cost Breakdown Pharmacist I - Current Salary July 12, 2016 Contra Costa County Board of Supervisors 845 Salary $119,176.80 Employer Paid Benefits*$56,013.10 Health/Dental $13,134.00 One Time Costs $0.00 Total Cost $188,323.90 Deferred comp Benefit $0 ANNUAL TOTAL COST $188,323.90 *Includes:7.65% FICA 3.48% Workers Compensation 0.37% Unemployment $42,307.76 35.50% Pension Salary $143,012.16 Employer Paid Benefits*$67,215.72 Health/Dental $13,134.00 One Time Costs $0.00 Total Cost $223,361.88 Deferred comp Benefit $0 ANNUAL TOTAL COST $223,361.88 *Includes:7.65% FICA 3.48% Workers Compensation 0.37% Unemployment $50,769.32 35.50% Pension Annual Total Comp Difference $23,835.36 Total Annual Pension Difference $8,461.55 Total Annual Cost $32,296.91 Position Adjustment Request Cost Breakdown JOB CLASSIFICATION Pharmacist II - Current Salary Pharmacist II - Proposed Salary July 12, 2016 Contra Costa County Board of Supervisors 846 July 12, 2016 Contra Costa County Board of Supervisors 847 E L E C T R O N I C N O T I F I C A T I O N C O V E R S H E E T DATE: June 2, 2016 TO: Teamsters, Local 856 Rudy Gonzalez, Business Agent Peter Finn, Business Agent FROM: Melissa Carofanello Health Services Personnel Contra Costa County Phone: (925) 957-5249 RE: Pending P300 Action No. Pages including Cover: 1 COMMENTS: The Health Services Department intends to: ACTION: Reallocate the salary of Pharmacist I (VYWA) and Pharmacist II (VYTA). AGENDA DATE: June 14, 2016 If you have any questions or concerns, please contact me within five working days of the date on this notification. William B. Walker, M.D. Health Services Director Dorette McCollumn Personnel Officer PERSONNEL SERVICES 1320 Arnold Drive, Suite 261 Martinez, California 94553-4359 Ph (925) 957-5240 Fax (925) 957-5260 July 12, 2016 Contra Costa County Board of Supervisors 848 POSITION ADJUSTMENT REQUEST NO. 21876 DATE 6/2/2016 Department No./ Department HEALTH SERVICES Budget Unit No. 0540 Org No. 6345 Agency No. A18 Action Requested: Reallocate salary of Pharmacist I and Pharmacist II in the Health Services Department. Proposed Effective Date: 7/1/2016 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 $757,430.64 Net County Cost $0.00 Total this FY $757,430.64 N.C.C. this FY $0.00 SOURCE OF FUNDING TO OFFSET ADJUSTMENT Hospital Enterprise I Fund Department must initiate necessary adjustment and submit to CAO. Use additional sheet for further explanations or comments. Melissa Carofanello ______________________________________ (for) Department Head REVIEWED BY CAO AND RELEASED TO HUMAN RESOURCES DEPARTMENT Kevin J. Corrigan 6/30/2016 ___________________________________ ________________ Deputy County Administrator Date HUMAN RESOURCES DEPARTMENT RECOMMENDATIONS DATE 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 Approve Recommendation of Director of Human Resources Disapprove Recommendation of Director of Human Resources 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 July 12, 2016 Contra Costa County Board of Supervisors 849 REQUEST FOR PROJECT POSITIONS Department Date 6/30/2016 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 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 July 12, 2016 Contra Costa County Board of Supervisors 850 RECOMMENDATION(S): AUTHORIZE the Public Works Director, or designee, to execute a ten-year lease with the City of San Pablo to lease a building that is to be constructed by the City of San Pablo on approximately 5.88 acres near Gateway Avenue in the City of San Pablo for use by the County’s Health Services Department – Women, Infants & Children Program. Based on the estimated size of the building (7,000 square feet) and the negotiated price per square foot, the annual rent for the first year is estimated to be $155,400, with annual step-ups each year thereafter. After the initial ten-year term, the County will have the option to renew the lease for two additional ten-year terms. FISCAL IMPACT: 100% General Fund. BACKGROUND: The Health Services Department – Women, Infants & Children Program (WIC) is a federally-funded health and nutrition program that helps pregnant and postpartum women, infants and children under five years old to eat healthy foods and live a healthy, active life. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/12/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I 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 12, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: C. 41 To:Board of Supervisors From:Julia R. Bueren, Public Works Director/Chief Engineer Date:July 12, 2016 Contra Costa County Subject:Lease of a to-be-constructed building near Gateway Ave. in San Pablo July 12, 2016 Contra Costa County Board of Supervisors 851 BACKGROUND: (CONT'D) WIC is the last occupant of the old Richmond Health Clinic in Richmond, as all other services have relocated to the new West County Health Clinic in San Pablo. The Richmond Health Clinic is slated to be disposed of as surplus property. The City of San Pablo (City) owns the vacant land adjacent to the West County Health Clinic. Under the terms of the lease, the City will construct an approximately 7,000 square foot building on the vacant lot and lease the entire building to the County for the WIC program. The City is responsible for the cost of constructing the building. The City is also providing the County with a $25 per-square-foot allowance for tenant improvements. The County is responsible for the cost of tenant improvements in excess of that amount. The exact location of the building on the vacant lot is not yet known but will be determined by the mutual agreement of the City and the County. In addition, the City and County must agree on the final plans that are to be used to construct the building. The actual size of the building will be determined based on the final plans. Finally, the City and the County have agreed on the rental price per square foot. Based on the estimated size of the building and the agreed upon rent per square foot, the estimated rent for the first year is $155,400, with annual increases thereafter. The initial term of the lease is ten years. The County will have two ten-year renewal options and a right of first refusal to purchase the building. The County will be responsible for the cost of maintaining and operating the building. CONSEQUENCE OF NEGATIVE ACTION: If this lease is not approved, the County will have to find an alternative location for the operation of the WIC program. An alternative location will result in the WIC program being further away from the site of other services provided by the County at the West County Health Clinic. And finding a new location will result in the County incurring additional expenses. ATTACHMENTS Plaza San Pablo WIC Lease Plaza San Pablo WIC Work Letter July 12, 2016 Contra Costa County Board of Supervisors 852 1 C:\DOCUME~1\DESTIN~1\LOCALS~1\TEMP\BCL TECHNOLOGIES\EASYPDF 7\@BCL@441DF415\@BCL@441DF415.DOCX LEASE Health Service Department – WIC Plaza San Pablo Business Center San Pablo, California This lease is dated , 2016, is between the CITY OF SAN PABLO, a municipal corporation of the State of California (“Lessor”) and the COUNTY OF CONTRA COSTA, a political subdivision of the State of California (“County”). Recitals A. Lessor is the owner of that certain unimproved property located in the City of San Pablo, County of Contra Costa, and State of California that consists of an approximately 5.88 acres of land near Gateway Avenue, as more particularly described in Exhibit A (the “Property”). B. Lessor intends to cause a stand-alone building to be constructed on the Property consisting of approximately 7,000 square feet of floor space for use by the County (the “Building”) along with a surface parking lot (the “Parking Lot”). The site of the Building and the Parking Lot, once determined in accordance with this lease, is the “Premises.” The anticipated location of the Premises is shown on Exhibit A-1. C. Simultaneous with the execution of this lease, Lessor and County are entering into a work letter that sets forth how the tenant improvements to the Premises are to be constructed and the time schedule for completing the construction of the tenant improvements (“the Work Letter”). The Work Letter is a part of this lease. D. Under the Work Letter, the Lessor is required to cause the Building to be constructed in accordance with the Final Plans, as defined in the Work Letter. The rent due under this lease will be determined by multiplying the rate-per-square-foot (the “Rent Factor”) set forth in Section 4 below by the number of square feet in the Building, as set forth in the Final Plans, as defined in the Work Letter. E. The Parking Lot will have no fewer than forty-three (43) parking spaces, including standard, compact and a number of handicapped parking spaces, in accordance with local laws and ordinances. Lessor shall cause the Parking Lot to be constructed at its sole cost and expense, in conformance with the Final Plans. The parties therefore agree as follows: July 12, 2016 Contra Costa County Board of Supervisors 853 2 C:\DOCUME~1\DESTIN~1\LOCALS~1\TEMP\BCL TECHNOLOGIES\EASYPDF 7\@BCL@441DF415\@BCL@441DF415.DOCX Agreement 1. Location of Premises. Prior to the completion of the Final Plans, Lessor shall submit to the County for its approval a map of the proposed exact location of the Premises. The parties shall meet to determine whether the proposed exact location is acceptable to both parties. Promptly after the parties agree on the location of the Premises, Lessor shall provide a legal description of the Premises to the County. Once the legal description of the Premises is complete, it will be attached to this lease as Exhibit A-2. If Lessor and the County fail to agree on the location of the Premises within thirty (30) business days after Lessor submits the map to the County for approval, either party may terminate this lease by giving written notice to the other with no cost or obligation to either. Such termination is effective on the effective date of the written notice. 2. Lease of Premises. In consideration of the rents and subject to the terms herein set forth, Lessor hereby leases to County and County hereby leases from Lessor, the Premises. 3. Term. The “Term” of this lease is comprised of an Initial Term and, at County’s election, Renewal Terms, each as defined below. a. Initial Term. The “Initial Term” is ten years, commencing on the Commencement Date, as defined in the Work Letter. The “Commencement Date” is the Substantial Completion Date. The “Substantial Completion Date” is defined in the Work Letter. b. Renewal Terms. County has two options to renew this lease for a term of ten years for each option (each, a “Renewal Term”) upon all the terms and conditions set forth herein. i. County will provide Lessor with written notice of its election to renew the Lease one hundred eighty days prior to the end of the Term. However, if County fails to provide such notice, its right to renew the Lease will not expire until fifteen working days after County’s receipt of Lessor’s written demand that County exercise or forfeit the option to renew. ii. Upon the commencement of a Renewal Term, all references to the Term of this lease will be deemed to mean the Term as extended pursuant to this Section. 4. Rent. County shall pay rent (“Rent”) to Lessor in advance beginning on the Commencement Date. Rent is payable on the first day of each month during the Initial Term and, if applicable, the Renewal Terms. The amount of Rent due is equal to the result obtained by multiplying the following Rent Factors by the number of square feet in the Building: July 12, 2016 Contra Costa County Board of Supervisors 854 3 C:\DOCUME~1\DESTIN~1\LOCALS~1\TEMP\BCL TECHNOLOGIES\EASYPDF 7\@BCL@441DF415\@BCL@441DF415.DOCX a. Initial Term. Monthly Rent Months Rent Factor Based on 7,000 Sq. Ft. 01 - 12 $1.85 $ 12,950.00 13 - 24 $1.90 $ 13,300.00 25 - 36 $1.95 $ 13,650.00 37 - 48 $2.00 $ 14,000.00 49 - 60 $2.05 $ 14,350.00 61 - 72 $2.10 $ 14,700.00 73 - 84 $2.15 $ 15,050.00 85 - 96 $2.20 $ 15,400.00 97 - 108 $2.25 $ 15,750.00 109 - 120 $2.30 $ 16,100.00 The number of square feet in the Building used to calculate the Rent will be the number of square feet in the Building that is set forth in the Final Plans. The parties will create a record of the number of square feet in the Building by executing a Commencement Date Certificate that is substantially in the form shown in Exhibit C. Each party shall execute the Commencement Date Certificate on or about the same time that it executes the Completion Notice, as defined in the Work Letter. The Rent Factors, and Exhibit C, are subject to modification in accordance with Section 3.c. of the Work Letter. b. Renewal Terms. Rent during each Renewal Term will be at the then-fair market rental value of the Premises. The fair market rental value of the Premises will be established by the mutual agreement of the parties. If the parties fail to agree on the fair market rental value of the Premises by the date that is ninety days prior to the commencement of a Renewal Period, the parties will engage a real estate appraiser with knowledge of the commercial real estate market in the area to determine the fair market value of the Premises. The parties shall each bear one-half the cost of the appraiser. c. Fractional Month. Rent for any fractional month will be prorated and computed on a daily basis with each day’s rent equal to one-thirtieth (1/30) of the monthly Rent. 5. Additional Rent. In addition to the rent set forth above, County shall pay Lessor the amounts set forth in subsections a. and b., below (together, “Additional Rent”). County shall pay Additional Rent monthly in accordance with Section 6 – Payment of Additional Rent. After making the above payment, County has the right, exercisable upon reasonable prior written notice to Lessor, to inspect Lessor’s books and records relating to the amounts charged to County as Additional Rent. County shall cause any such inspection to occur July 12, 2016 Contra Costa County Board of Supervisors 855 4 C:\DOCUME~1\DESTIN~1\LOCALS~1\TEMP\BCL TECHNOLOGIES\EASYPDF 7\@BCL@441DF415\@BCL@441DF415.DOCX within ninety days of receipt of the annual invoice. County may not withhold payment of the invoice until after the completion of such inspection. If, as a result of the above inspection of Lessor’s books and records, County determines that it has made an overpayment of Additional Rent, then County has the right to deduct the amount of the overpayment from Rent that is due the month or months next following such determination. a. Insurance. The Insurance Expense, as defined below. “Insurance Expense” means the amount of Insurance, as defined below, actually paid or incurred by Lessor in any calendar year (or portion thereof). “Insurance” means the All Risk Property Insurance maintained by Lessor covering the Premises and all improvements thereto for perils including fire and earthquake, if applicable, for an amount equal to full replacement cost; liability and other insurance that Lessor reasonably deems necessary on the Premises or that may be required by Lessor’s mortgagee, including, but not limited to, earthquake and flood insurance. b. Maintenance and Repairs. The Operating Expenses, as defined below. “Operating Expenses” means the cost of operating and maintaining the Premises and includes, (i) all actual costs and expenses incurred by Lessor to operate and maintain the Premises, including the Building’s entrances, walkways, sidewalks, lavatories, mechanical systems, fire or life safety systems, utilities, driveways, landscaped areas, and parking facilities and lighting that are within or contiguous to or serving the Building and are necessary or desirable for County’s full use and enjoyment of the Premises, to repair Building facilities when reasonably required, to clean and remove trash and to provide security services, and (ii) an administrative management fee, for services rendered either by Lessor or by a third party manager, that is equal to no more than five percent of the total Operating Expenses, excluding administrative expenses, taxes, and insurance premiums. Notwithstanding any provision of this Lease to the contrary, Lessor and County acknowledge and agree that the following items are excluded from Operating Expenses or other Additional Rent to be reimbursed or paid by County: i. Payments on any loans or ground leases affecting the Building. ii. Depreciation of any Building or any major systems of Building service equipment. iii. Any cost incurred in complying with hazardous materials laws. iv. Capital taxes, income taxes, corporate taxes, corporation capital taxes, excise taxes, profits taxes or other taxes personal to the Lessor. July 12, 2016 Contra Costa County Board of Supervisors 856 5 C:\DOCUME~1\DESTIN~1\LOCALS~1\TEMP\BCL TECHNOLOGIES\EASYPDF 7\@BCL@441DF415\@BCL@441DF415.DOCX v. All costs and expenses that result from (1) Lessor’s failure to maintain the Premises as required by this lease, or (2) construction defects. 6. Payment of Additional Rent. a. Annual Estimates. County shall pay the Estimated Monthly Additional Rent (defined below) monthly in advance, on the first day of each month, based on an estimate of what Lessor’s actual costs and expenses for the relevant period will be. At the Commencement Date and at the beginning of each calendar year, Lessor shall provide County with a reasonable estimate of the amount of Additional Rent due for the upcoming year (or portion thereof). That amount will be divided by the number of months in the year (or portion thereof) to determine the “Estimated Monthly Additional Rent.” b. Annual Reconciliation. Within 120 days after the end of the calendar year, or, if applicable, within 120 days after the end of the term, Lessor shall (i) calculate the actual Additional Rent due for the calendar year most recently ended, and (ii) provide County with a statement that compares the actual expenses incurred by Lessor for that calendar year with the total payments of Estimated Monthly Additional Rent paid by County during such period (a “Reconciliation Statement”). If County’s total payments of Estimated Monthly Additional Rent for the period are less than the amount of actual expenses incurred by Lessor, County shall pay to Lessor the amount of such deficiency within 30 days after receipt of the Reconciliation Statement. If County’s total payments of Estimated Monthly Additional Rent for such period exceed actual expenses incurred by Lessor for such period, Lessor shall issue a refund to County for the excess amount within 30 days after issuance of the Reconciliation Statement. 7. Real Property Taxes. In addition to Rent and Additional Rent, County shall pay the Real Property Taxes (as defined below) paid or incurred by Lessor in any calendar year (or portion thereof). At the County’s election, the County may pay the Real Property Taxes (i) directly to the taxing authority, or (ii) to Lessor, as reimbursement for Real Property Taxes paid by Lessor. County has Lessor’s consent to work with the County Tax Collector to cause the Premises to be exempt from property taxes during the period of time that it is occupied only by County. If County undertakes this effort, Lessor shall take all steps reasonably requested by County to bring about such exemption. “Real Property Taxes” means and includes all taxes, assessments (amortized over the longest period available to Lessor) levied or assessed upon the Premises, any state or local business taxes or fees measured by or assessed upon gross rentals or receipts, and other governmental charges, general and special, including, without limitation, assessments for public improvements or benefits, that are, during the Term of this lease, assessed, levied, and imposed by any governmental authority upon the Premises. Real Property Taxes do not include any late fees or penalties, any municipal, county, state or federal net income, estate, succession, inheritance, sales, use or franchise taxes of Lessor July 12, 2016 Contra Costa County Board of Supervisors 857 6 C:\DOCUME~1\DESTIN~1\LOCALS~1\TEMP\BCL TECHNOLOGIES\EASYPDF 7\@BCL@441DF415\@BCL@441DF415.DOCX or documentary transfer taxes, or tax increases of any kind in connection with the transfer, sale, or change of ownership of all or part of the Premises. 8. Use. County may use the Premises for the purpose of conducting various functions of County and any other purpose permitted by law. 9. Obligation to Pay Utilities and Janitorial. County shall pay for all janitorial, gas, electricity, water, sewer, and refuse collection services provided to the Premises. 10. Parking. At no additional cost, County has exclusive use of that number of standard-size and compact parking spaces in the Parking Lot that are shown on the Final Plans, as defined in the Work Letter. In addition, County has non-exclusive use of any public parking that is constructed adjacent to the Property. 11. Maintenance and Repairs. a. Latent Defects. Notwithstanding any other provision of this lease, Lessor is responsible for the repair or replacement of all structural and/or latent defects in the Building. b. Structure of Building. Lessor is responsible for the structural integrity of the Building. c. Roof of Building. During the 10-year warranty period established between the Lessor and its contractor(s), and to the extent covered under said warranty, Lessor shall keep the roof of the Building in good order, condition and repair. Thereafter, provided any Warrantied Defects have been resolved to the County’s satisfaction, the County shall keep the roof of the Building in good order, condition and repair. A “Warrantied Defect” is a defect that is (i) covered by the warranty, and (ii) discovered during the warranty period. d. Exterior of Building. During the 1-year warranty period established between the Lessor and its contractor(s) and to the extent covered under said warranty, Lessor shall keep the exterior of the Building in good order, condition and repair, including the exterior doors and their fixtures, closers and hinges, exterior windows, glass and glazing. Thereafter, provided any Warrantied Defects have been resolved to the County’s satisfaction, the County shall keep the exterior of the Building in good order, condition, and repair. The County shall provide and maintain all security alarms, locks and key systems used in the Premises. e. Building Systems. During the 1-year warranty period established between the Lessor and its contractor(s) and to the extent covered under said warranty, Lessor shall repair and maintain the interior electrical, lighting, water and plumbing systems in good order, condition and repair. Thereafter, provided any Warrantied Defects have been resolved to the County’s satisfaction, the County shall repair and maintain the interior electrical, lighting, water and plumbing systems. July 12, 2016 Contra Costa County Board of Supervisors 858 7 C:\DOCUME~1\DESTIN~1\LOCALS~1\TEMP\BCL TECHNOLOGIES\EASYPDF 7\@BCL@441DF415\@BCL@441DF415.DOCX f. HVAC. During the 1-year warranty period established between the Lessor and its contractor(s) and to the extent covered under said warranty, Lessor shall maintain and repair the heating, ventilating and air conditioning (HVAC) systems in the Building. Thereafter, provided any Warrantied Defects have been resolved to the County’s satisfaction, the County shall maintain and repair the HVAC systems. The County is responsible for maintaining any supplemental cooling unit that it adds to serve the Building. g. Parking; Exterior Lighting; Landscaping. The County shall maintain the Parking Lot, exterior lighting system, irrigation system and landscaping in good order, condition and repair, and shall provide pest and rodent control services to the exterior of the building. h. Janitorial. County shall provide its own janitorial service to the Building, including exterior window cleaning. i. Fire Extinguishers and Smoke Alarms. Lessor shall provide and install the necessary fire extinguishers and Smoke Alarms in the Building, as directed by the Fire Marshall, at no cost to County. County shall thereafter maintain, repair, and replace fire extinguishers and smoke alarms as required by fire code. j. Services by County. If at any time during the Term, a County Representative, as defined in the Work Letter, determines that the Premises are in need of maintenance, construction, remodeling or similar service that is beyond Lessor’s responsibilities under this lease, following receipt of a written request from the County Representative, Lessor shall perform such service at an agreed-upon cost to the County. In performing the service, Lessor shall consult with the County Representative and use either licensed insured contractors or employees of Lessor. Lessor shall obtain the County Representative’s prior written approval of the scope, terms, and cost of any contracts. The County Representative may, by giving Lessor thirty (30) days prior written notice, change the level of service, terminate any or all service, or require that a service be performed by a different contractor. 12. Inspection. Lessor, or its proper representative or contractor, may enter the Premises at any reasonable time by prior appointment, which appointment must be scheduled at least 24 hours in advance, for the purpose of inspecting the interior of the Building or performing maintenance or repair services. 13. Perilous Conditions. If the County Representative becomes aware of a Perilous Condition, the County Representative will immediately notify Lessor of the Perilous Condition and Lessor shall use its best efforts to eliminate the Perilous Condition. For purposes of this lease, a “Perilous Condition” is a physical condition of the Premises that (i) in the opinion of the County Representative substantially and significantly threatens the health and safety of County employees and/or invitees, and (ii) is the responsibility of Lessor under the terms of this lease. The County Representative’s July 12, 2016 Contra Costa County Board of Supervisors 859 8 C:\DOCUME~1\DESTIN~1\LOCALS~1\TEMP\BCL TECHNOLOGIES\EASYPDF 7\@BCL@441DF415\@BCL@441DF415.DOCX notice of a Perilous Condition may be delivered to Lessor by telephone or email as follows: Contact: Charles Ching Office Phone No.: (510) 215-2004 Cell Phone No.: (707) 386-8067 Email Address: charlesc@sanpabloca.gov Lessor shall immediately address any condition reasonably constituting an emergency, whether Lessor learns of the condition through County or otherwise. If Lessor fails to address a Perilous Condition within twenty-four (24) hours after County’s notice or to immediately address an emergency situation, County may attempt to resolve the Perilous Condition or emergency situation. Lessor shall reimburse County for any costs incurred by County in addressing the Perilous Condition or emergency situation promptly upon receipt of County’s invoice. If Lessor fails to reimburse County within ten business days of the receipt of County’s invoice, County may deduct the amount of the invoice from Rent. 14. Quiet Enjoyment. Provided County is in compliance with the material terms of this lease, Lessor shall warrant and defend County in the quiet enjoyment and possession of the Premises during the Term. 15. Assignment and Sublease. County has the right to assign this lease or sublease the Premises or any part thereof at any time during the Term with the written approval of Lessor, which approval, if the assignment or sublease is to another public entity, will not be unreasonably withheld or delayed. Lessor’s approval of an assignment or sublease to a private person or entity shall be at Lessor’s sole discretion. Upon the assignment of the lease by County approved by the Lessor, the County will have no further obligation under the lease. 16. Alterations; Fixtures and Signs. County may (i) make any lawful and proper minor alterations to the Premises and (ii) attach fixtures and signs (“County Fixtures”) in or upon the Premises. County may construct and install a sign on the Building and, in a location mutually acceptable to Lessor and County, erect a 4’ x 4’ exterior monument sign identifying the County as the occupant of the Building. Any County Fixtures will remain the property of County and may be removed from the Premises by County at any time during the Term. County is responsible for the cost of all alterations and County Fixtures. All alterations and County Fixtures are subject to Lessor’s approval and must comply with existing code requirements and building standards. 17. Prior Possession. County has the right to install fixtures, telephones, alarm systems, and other items required to prepare the Premises for County’s occupancy and to store furniture, supplies and equipment, provided such work and storage and can be effected without unduly interfering with Lessor’s completion of any tenant improvements. July 12, 2016 Contra Costa County Board of Supervisors 860 9 C:\DOCUME~1\DESTIN~1\LOCALS~1\TEMP\BCL TECHNOLOGIES\EASYPDF 7\@BCL@441DF415\@BCL@441DF415.DOCX 18. Insurance. a. Liability Insurance. Throughout the Term, County shall maintain in full force and effect, at its sole expense, a general self-insurance program covering bodily injury (including death), personal injury, and property damage, including loss of use. County shall provide Lessor with a letter of self-insurance affirming the existence of the aforementioned self-insurance program. b. Self-Insurance Exclusion. County’s self-insurance does not provide coverage for negligence, willful misconduct, or other intentional act, error or omission of Lessor, its officers, agents, or employees. 19. Surrender of Premises. On the last day of the Term, or sooner termination of this lease, County shall peaceably and quietly leave and surrender to Lessor the Premises, along with appurtenances and fixtures at the Premises (except County Fixtures), all in good condition, ordinary wear and tear, damage by casualty, condemnation, acts of God and Lessor’s failure to make repairs required of Lessor excepted. County is not responsible for painting or for repairing or replacing any floor coverings in the Premises upon the expiration or earlier termination of this lease. 20. Waste, Nuisance. County may not commit, or suffer to be committed, any waste upon the Premises, or any nuisance or other act or thing that may disturb the quiet enjoyment of any other occupant of the Building. 21. Destruction. If damage occurs that causes a partial destruction of the Premises during the Term from any cause and repairs can be made within one hundred eighty days from the date of the damage under the applicable laws and regulations of governmental authorities, Lessor shall repair the damage promptly. Such partial destruction will not void this lease, except that County will be entitled to a proportionate reduction in Rent while such repairs are being made. The proportionate reduction in Rent will be calculated by multiplying Rent by a fraction, the numerator of which is the number of square feet that are unusable by County and the denominator of which is the total number of square feet in the Premises. If repairs cannot be made in one hundred eighty days, County will have the option to terminate the lease or request that Lessor make the repairs within a reasonable time, in which case, Lessor will make the repairs and Rent will be proportionately reduced as provided in the previous paragraph. This lease will terminate in the event of a total destruction of the Building or the Premises. 22. Hazardous Material. Lessor warrants to County that Lessor does not have any knowledge of the presence of Hazardous Material (as defined below) or contamination of the Building or Premises in violation of environmental laws. Lessor shall defend, save, protect and hold County harmless from any loss arising out of the presence of any July 12, 2016 Contra Costa County Board of Supervisors 861 10 C:\DOCUME~1\DESTIN~1\LOCALS~1\TEMP\BCL TECHNOLOGIES\EASYPDF 7\@BCL@441DF415\@BCL@441DF415.DOCX Hazardous Material on the Premises that was not brought to the Premises by or at the request of County, its agents, contractors, invitees or employees. Lessor acknowledges and agrees that County has no obligation to clean up or remediate, or contribute to the cost of clean-up or remediation, of any Hazardous Material unless such Hazardous Material is released, discharged or spilled on or about the Premises by County or any of its agents, employees, contractors, invitees or other representatives. The obligations of this Section shall survive the expiration or earlier termination of this lease. County will not bring any Hazardous Material of any unusual quantity onto the Premises. “Hazardous Material” means any substance, material or waste, including lead based paint, asbestos and petroleum (including crude oil or any fraction thereof), that is or becomes designated as a hazardous substance, hazardous waste, hazardous material, toxic substance, or toxic material under any federal, state or local law, regulation, or ordinance. 23. Indemnification. a. County. County shall defend, indemnify and hold Lessor harmless from 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, caused by the willful misconduct or the negligent acts, errors, or omissions of County, its officers, agents or employees in using the Premises pursuant to this lease, or the County’s performance under this lease, except to the extent caused or contributed to by (i) the structural, mechanical, or other failure of buildings owned or maintained by Lessor, and/or (ii) the negligent acts, errors, or omissions of Lessor, its officers, agents, or employees. b. Lessor. Lessor shall defend, indemnify and hold County harmless from Lessor’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, caused by the willful misconduct or the negligent acts, errors or omissions of Lessor, its officers, agents, employees, with respect to the Premises, or Lessor’s performance under this lease, or the Lessor’s performance, delivery or supervision of services at the Premises, or by the structural, mechanical or other failure of buildings owned or maintained by Lessor, except to the extent caused or contributed to by the negligent acts, errors, or omissions of County, its officers, agents, or employees. 24. Default. The occurrence of any of the following events is a default under this lease: a. County. i. County’s failure to pay Rent within ten business days after receipt of a written notice of failure (a “Notice”) from Lessor to County; provided, however, that County will have additional time if its failure to pay Rent is due to circumstances beyond its reasonable control, including, without July 12, 2016 Contra Costa County Board of Supervisors 862 11 C:\DOCUME~1\DESTIN~1\LOCALS~1\TEMP\BCL TECHNOLOGIES\EASYPDF 7\@BCL@441DF415\@BCL@441DF415.DOCX limitation, failure of the County’s Board of Supervisors to adopt a budget. In no event may such additional time exceed seventy-five days from receipt of a Notice. ii. County’s failure to comply with any other material term or provision of this lease if such failure is not remedied within thirty days after receipt of a Notice from Lessor to County specifying the nature of the breach in reasonably sufficient detail; provided, however, if such default cannot reasonably be remedied within such thirty day period, then a default will not be deemed to occur until the occurrence of County’s failure to comply within the period of time that may be reasonably required to remedy the default, up to an aggregate of ninety days, provided County commences curing such default within thirty days and thereafter diligently proceeds to cure such default. b. Lessor. i. Lessor’s failure to complete the Tenant Improvements in accordance with the Work Letter. ii. Lessor’s failure to perform any obligation under this lease if such failure is not remedied within thirty days after receipt of a Notice from County to Lessor specifying the nature of the breach in reasonably sufficient detail; provided, however, if such breach cannot reasonably be remedied within such thirty-day period, then a default will not be deemed to occur until the occurrence of Lessor’s failure to perform within the period of time that may be reasonably required to remedy the breach, up to an aggregate of ninety days, provided Lessor commences curing such breach within thirty days and thereafter diligently proceeds to cure such breach. 25. Remedies. a. Lessor. Upon the occurrence of a default by County, Lessor may, after giving County written notice of the default, and in accordance with due process of law, reenter and repossess the Premises and remove all persons and property from the Premises. b. County. i. If Lessor fails to meet the deadlines applicable to construction of the Tenant Improvements set forth in Section 17 of the Work Letter, County may terminate this lease by giving written notice to Lessor with no cost or obligation to County. Such termination is effective on the effective date of the written notice. ii. If within sixty (60) days after the Substantial Completion Date (as defined in the Work Letter) County has provided notice to Lessor of a design, material or July 12, 2016 Contra Costa County Board of Supervisors 863 12 C:\DOCUME~1\DESTIN~1\LOCALS~1\TEMP\BCL TECHNOLOGIES\EASYPDF 7\@BCL@441DF415\@BCL@441DF415.DOCX workmanship defect in the Building or the Tenant Improvements and Lessor has failed to promptly commence and diligently complete the remedy of such defect within thirty (30) days of receiving County’s notice (or such reasonable additional time if the remedy will require more than thirty (30) days to complete), County may thereafter terminate this lease by giving written notice to Lessor with no cost or obligation to County. Such termination is effective on the effective date of the written notice. iii. Upon the occurrence of any other default by Lessor, County may proceed to repair or correct the failure and, at County’s option, either deduct the cost thereof from Rent due to Lessor, or invoice Lessor for the cost of repair, which invoice Lessor shall pay in full promptly upon receipt. 26. Notices. Except as provided in Section 13 - Perilous Conditions, any notice required or permitted under this lease shall be in writing and sent by overnight delivery service or registered or certified mail, postage prepaid and directed as follows: To Lessor: City of San Pablo 13831 San Pablo Avenue San Pablo, CA 94806 Attn: City Manager To County: Contra Costa County Public Works Department Attn: Principal Real Property Agent 255 Glacier Drive Martinez, CA 94553 Facsimile: (925) 646-0288 Either party may at any time designate in writing a substitute address for that set forth above and thereafter notices are to be directed to such substituted address. If sent in accordance with this Section, all notices will be deemed effective (i) the next business day, if sent by overnight courier, or (ii) three (3) days after being deposited in the United States Postal system. 27. Lessor’s Representation and Warranties. Lessor represents and warrants the following: a. Lessor is the owner of the Property. b. The person signing this lease is authorized to be the sole signatory on behalf of the Lessor. c. The Property is zoned to permit its use for the purposes contemplated by this lease. d. The Property is free of restrictions and encumbrances, except for those restrictions and encumbrances identified in the Preliminary Report issued by Old Republic Title July 12, 2016 Contra Costa County Board of Supervisors 864 13 C:\DOCUME~1\DESTIN~1\LOCALS~1\TEMP\BCL TECHNOLOGIES\EASYPDF 7\@BCL@441DF415\@BCL@441DF415.DOCX Company dated February 29, 2016 (the “Title Report”) that are acceptable to the County. 28. Right of First Refusal. Provided the County is not then in default under this lease, the County has a right of first refusal (“Right of First Refusal”) in the event Lessor (i) decides to sell the Property or (ii) receives any unsolicited offer from a third party offering to purchase the Property (a “Third-party Offer”) during the Term that the Lessor desires to accept. Upon determining to sell the Property or upon receiving a Third-party Offer, Lessor shall present either Lessor’s proposed price or the Third-party Offer price, as applicable (the “Purchase Offer”), to the County in writing. In the case of the Lessor desiring to sell the Property without having received an unsolicited Third-party Offer, the County will then have the right to either purchase the Property at Lessor’s proposed price, or present Lessor with a counter-offer (“County’s Counter-offer”) within sixty (60) days after the County’s receipt of Lessor’s Purchase Offer. Upon the presentation of the County’s Counter-offer to Lessor, Lessor and the County agree to negotiate in good faith the County’s purchase of the Property. If the parties are unable to agree to a price within thirty (30) days from the date County presents Lessor with County’s Counter-offer, Lessor may sell the Property to any third party for any amount greater than County’s Counter-offer. In the event that Lessor receives an unsolicited Third-party Offer to purchase the Property that Lessor desires to accept, Lessor shall present a copy of the written Third- party Offer to the County for its review. The County will then have thirty (30) days to match the terms of the Third-party Offer. If County declines to match the Third-party Offer, Lessor may complete the sale to that third-party at a price at least equal to that Third-party Offer. If Lessor does not complete the sale to that third-party, then the County retains its Right of First Refusal to any subsequent sale by Lessor. Lessor’s sale of the Property for a price lower than either the County’s Counter-offer or the Third-party Offer price is a default of this lease. The County’s Right of First Refusal does not apply to any internal transfers, tax related restructuring or to any action by any Lessor lender. 29. Successors and Assigns. This lease binds and inures to the benefit of the heirs, successors, and assigns of the parties hereto. 30. Holding Over. Any holding over after the Term of this lease is a tenancy from month to month and is subject to the terms of this lease. 31. Accessibility. As of the date of this lease, the Premises has not been inspected by a Certified Access Specialist. July 12, 2016 Contra Costa County Board of Supervisors 865 14 C:\DOCUME~1\DESTIN~1\LOCALS~1\TEMP\BCL TECHNOLOGIES\EASYPDF 7\@BCL@441DF415\@BCL@441DF415.DOCX 32. Time is of the Essence. In fulfilling all terms and conditions of this lease, time is of the essence. 33. Governing Law. The laws of the State of California govern all matters arising out of this lease. 34. Severability. In the event that any provision herein contained is held to be invalid or unenforceable in any respect, the validity and enforceability of the remaining provisions of this lease will not in any way be affected or impaired. 35. Recording. Upon the execution of this lease, the parties shall execute and record a Memorandum of Lease in substantial conformity with Exhibit B, in lieu of recording the entire lease. Upon the expiration or earlier termination of this lease, County shall execute a Memorandum of Lease Termination or Quitclaim Deed discharging any recording made pursuant to this Section 35. [Remainder of Page Intentionally Left Blank] July 12, 2016 Contra Costa County Board of Supervisors 866 15 C:\DOCUME~1\DESTIN~1\LOCALS~1\TEMP\BCL TECHNOLOGIES\EASYPDF 7\@BCL@441DF415\@BCL@441DF415.DOCX 36. Entire Agreement; Construction; Modification. Neither party has relied on any promise or representation not contained in this lease. All previous conversations, negotiations, and understandings are of no further force or effect. This lease is not to be construed as if it had been prepared by one of the parties, but rather as if both parties have prepared it. This lease may be modified only by a writing signed by both parties. The parties are executing this lease on the date set forth in the introductory paragraph. COUNTY OF CONTRA COSTA, a political subdivision of the State of California By:____________________________ Julia R. Bueren Director of Public Works RECOMMENDED FOR APPROVAL: By:____________________________ Karen A. Laws Principal Real Property Agent By:____________________________ David L. Silva Supervisory Real Property Agent APPROVED AS TO FORM SHARON L. ANDERSON, COUNTY COUNSEL By:____________________________ Kathleen M. Andrus Deputy County Counsel CITY OF SAN PABLO By:____________________________ Matt Rodriguez City Manager Attested by: By:____________________________ Charles Ching Assistant to the City Manager APPROVED AS TO FORM: By:____________________________ C. Nicole Murphy City Attorney July 12, 2016 Contra Costa County Board of Supervisors 867 16 C:\DOCUME~1\DESTIN~1\LOCALS~1\TEMP\BCL TECHNOLOGIES\EASYPDF 7\@BCL@441DF415\@BCL@441DF415.DOCX EXHIBIT A Legal Description of Property July 12, 2016 Contra Costa County Board of Supervisors 868 17 C:\DOCUME~1\DESTIN~1\LOCALS~1\TEMP\BCL TECHNOLOGIES\EASYPDF 7\@BCL@441DF415\@BCL@441DF415.DOCX EXHIBIT A - 2 Legal Description of Premises To be inserted when known July 12, 2016 Contra Costa County Board of Supervisors 869 18 C:\DOCUME~1\DESTIN~1\LOCALS~1\TEMP\BCL TECHNOLOGIES\EASYPDF 7\@BCL@441DF415\@BCL@441DF415.DOCX EXHIBIT B FORM OF MEMORANDUM OF LEASE AGREEMENT Recorded at the request of: Contra Costa County Return to: Contra Costa County General Services Department 2355 Glacier Drive Martinez, CA 94553 Assessor's Parcel No. ________________ MEMORANDUM OF LEASE This Memorandum of Lease is dated ____________, 201_, and is between the City of San Pablo, a municipal corporation of the State of California (“Lessor”), and the County of Contra Costa, a political subdivision of the State of California (“County”). On ________________, 201_, Lessor and County entered into a written lease (“Lease”) by which County agreed to lease the building commonly known as [insert address of building] from Lessor. The building being leased consists of approximately 7,000 square feet of floor space, and a parking lot. The real property where the building is located (“Property”) is legally described as shown on Exhibit A to this Memorandum of Lease. The Lease is for a period of ten years, commencing on _______________, 20__ and continuing to _____________. County has two options to renew the Lease for a term of ten years for each option on certain conditions. County has a right of first refusal to purchase the Property during the term of the Lease. This Memorandum of Lease does not constitute the Lease and is only an abbreviated form containing a summary of only a few of the terms. In the event that there is any inconsistency between this Memorandum of Lease and the Lease, the terms of the Lease prevail over the terms of this Memorandum of Lease. COUNTY OF CONTRA COSTA, a CITY OF SAN PABLO a municipal a political subdivision of the State of California corporation of the State of California By: _______________________ By: _______________________ Julia R. Bueren Name and Title Director of Public Works [Attach Notary Forms] July 12, 2016 Contra Costa County Board of Supervisors 870 19 C:\DOCUME~1\DESTIN~1\LOCALS~1\TEMP\BCL TECHNOLOGIES\EASYPDF 7\@BCL@441DF415\@BCL@441DF415.DOCX Exhibit A Legal Description of Property July 12, 2016 Contra Costa County Board of Supervisors 871 20 C:\DOCUME~1\DESTIN~1\LOCALS~1\TEMP\BCL TECHNOLOGIES\EASYPDF 7\@BCL@441DF415\@BCL@441DF415.DOCX EXHIBIT C FINAL SQUARE FOOTAGE CERTIFICATE This Final Square Footage Certificate (“Certificate”) is dated ___________, 20__, and is part of the lease dated ___________________, 20__, (the “Lease”) between the CITY OF SAN PABLO, a municipal corporation of the State of California (“Lessor”), and the COUNTY OF CONTRA COSTA, a political subdivision of the State of California (“County"), under which the County is leasing real property situated in San Pablo, California commonly known as the Plaza San Pablo, as more particularly described in the Lease. Lessor and County mutually agree as follows: 1. Terms. All capitalized terms not defined in this Certificate have the meanings ascribed to them in the Lease. The provisions of this Certificate supplement the Lease and are specifically subject to the provisions of the Lease. If there is a conflict between the provisions of the Lease and the provisions of this Certificate, the provisions of the Lease control. 2. Actual Square Footage. Based on the Final Plans, the rentable square footage of the Building is _______ square feet. 3. Rent Calculation. Based on the rentable square footage of the Building, the following monthly Rent is payable during the Initial Term: Months Rent Factor Monthly Rent 01 - 12 $1.85 $ ________ 13 - 24 $1.90 $ ________ 25 - 36 $1.95 $ ________ 37 - 48 $2.00 $ ________ 49 - 60 $2.05 $_________ 61 - 72 $2.10 $ ________ 73 - 84 $2.15 $ ________ 85 - 96 $2.20 $ ________ 97 - 108 $2.25 $ ________ 109 - 120 $2.30 $ ________ The parties are executing this Certificate as of the date first above written. COUNTY LESSOR COUNTY OF CONTRA COSTA, a CITY OF SAN PABLO, a municipal subdivision of the State of California corporation of the State of California By: _______________________ By: _______________________ Julia R. Bueren Name: Director of Public Works City Manager July 12, 2016 Contra Costa County Board of Supervisors 872 1 C:\DOCUME~1\DESTIN~1\LOCALS~1\TEMP\BCL TECHNOLOGIES\EASYPDF 7\@BCL@B01754BC\@BCL@B01754BC.DOCX WORK LETTER Health Services Department - WIC Plaza San Pablo Business Center San Pablo, California _________, 2016 This work letter (“Work Letter”) is part of the lease (“Lease”) executed concurrently herewith between the CITY OF SAN PABLO, a municipal corporation of the State of California, as lessor (“Lessor”), and the COUNTY OF CONTRA COSTA, as tenant (“County”), under which the County is leasing real property situated in San Pablo, California commonly known as the Plaza San Pablo, as more particularly described in the Lease. Lessor and County mutually agree as follows: 1. Terms. All capitalized terms not defined herein have the meanings ascribed to them in the Lease. The provisions of this Work Letter supplement the Lease and are specifically subject to the provisions of the Lease. If there is a conflict between the provisions of the Lease and the provisions of this Work Letter, the provisions of the Lease control. Whenever the approval of the County is required hereunder, approval is required of the County’s Director of Public Works or her designee (the “County Representative”). 2. Scheduled Completion Date. Lessor covenants and agrees that it will cause the Substantial Completion Date, as defined below, to occur no later than September 30, 2018 (the “Scheduled Completion Date”). 3. Base Building Work. a. Lessor, at Lessor’s cost and expense, will cause the core and shell of the Building to be constructed on the Premises (such work, the “Base Building Work”). The Base Building Work includes, but is not limited to, construction of the Building, including the following elements: (a) sealed concrete floors (without floor coverings), (b) finished perimeter walls ready for paint (including windows, window frames, and exterior doors), (c) a heating and air conditioning system including ductwork and Allerton controls, (d) finished ceramic floors and walls in restrooms, (e) closets for telephone and electrical systems (but not the telephone systems themselves), (f) Building mechanical, electrical, and plumbing systems within the Building core only, (g) interior core walls, (h) fire alarms and fire suppression sprinkler systems in the Building, as required by code, (i) all items necessary for the Building to satisfy the provisions of the Americans with Disabilities Act (ADA), including, without limitation, washrooms, elevators, drinking fountains, and the parking area, (j) all code-required items relating to the other elements of the core building, such as exit July 12, 2016 Contra Costa County Board of Supervisors 873 2 C:\DOCUME~1\DESTIN~1\LOCALS~1\TEMP\BCL TECHNOLOGIES\EASYPDF 7\@BCL@B01754BC\@BCL@B01754BC.DOCX signs, speakers, fire doors, and any other life-safety support system, (k) dry wall and tape of interior columns, (l) a direct and securable access to the main point of entry (“MPOE”) for communication service to the building and an AT&T-approved pathway to curbside for the MPOE. b. Lessor shall perform the Tenant Improvements, as defined below, in accordance with the County’s specifications and standards, which will be incorporated into the Final Plans, as defined below. c. The estimated cost of completing the Base Building Work is $300 per square foot (the “Base Estimate”). Lessor will provide to County a copy of the Contractors bid for the Base Building Work. If, as a result of the competitive bidding process described in Section 6 (Contractor) below, the cost of completing the Base Building Work exceeds the Base Estimate, the County shall elect one of the following options: i. Through consultation with the Architect, modifying the Interim Final Plans, as defined below, to cause the cost of completing the Base Building Work to be equal to, or less than, the Base Estimate. Any change to the Interim Final Plans must be approved by the County. ii. Recalculating the Rent due under the Lease by increasing the Rent Factors shown on Exhibit C to the Lease. Any such increase will be equal to the result obtained by multiplying the Rent Factors by the Base Adjustment Factor. The “Base Adjustment Factor” is an amount that is equal to the result obtained by dividing (i) the cost of completing the Base Building Work by (ii) the Base Estimate. For example, if the cost of completing the Base Building Work is $315, the Base Adjustment Factor would be 1.05. ($315 ÷ $300.) If the Rent Factors are adjusted in accordance with this section, the parties shall incorporate such adjustments in the Lease by (x) modifying Exhibit C to the Lease to reflect the changes in the Rent Factors, (y) labeling the modified exhibit as Exhibit C-1, and (z) replacing Exhibit C to the Lease with Exhibit C-1. iii. Terminating the Lease, including this Work Letter. 4. Tenant Improvements. Subject to the conditions set forth below, Lessor shall cause the improvements to the Building that are described on Schedule 1 attached hereto and incorporated herein (the “Tenant Improvements”) to be constructed and installed in accordance with (i) the Space Plans, as defined below, (ii) the Construction Schedule, attached hereto as Schedule 3 – Construction Schedule, and (iii) the Final Plans, as defined below. For purposes of this Work Letter, “Construction Schedule” means the schedule that (i) has been provided by the Contractor, as defined below, and has been agreed upon by Lessor and County, (ii) identifies the work to be accomplished to complete the Base Building Work and Tenant Improvements and the sequence of that work, and (iii) sets July 12, 2016 Contra Costa County Board of Supervisors 874 3 C:\DOCUME~1\DESTIN~1\LOCALS~1\TEMP\BCL TECHNOLOGIES\EASYPDF 7\@BCL@B01754BC\@BCL@B01754BC.DOCX forth the dates by which certain components of the work must be completed. If the Lessor and County have not agreed upon the Construction Schedule within thirty (30) days of receipt thereof from the Contractor, either party may terminate the Lease and this Work Letter by giving written notice to the other with no cost or obligation to either. Such termination is effective on the effective date of the written notice. 5. Allowance. The total cost of completing the Tenant Improvements (the “Total Cost”) is estimated to be $900,000.00. The Total Cost is comprised of the fees and costs connected with the Tenant Improvements that are approved by County, including, but not limited to: hard construction costs, architect and design fees, contractor fees, engineering fees, and the cost of plans and permits obtained in connection with the Tenant Improvements. The Lessor is providing the County with an allowance in the amount of $25.00 per square foot of the Building (the “Allowance”) to be applied to the Total Cost. For example, if the total square footage of the Building is 7,000, then the Allowance will be in the amount of $175,000.00. The County is responsible for payment of the amount by which the Total Cost exceeds the Allowance. The Lessor shall make payments to the Contractor for construction of the Tenant Improvements in accordance with Section 10 (Progress Payments). Once the Lessor has paid all of the Allowance to the Contractor in accordance with Section 10 (Progress Payments), the County shall reimburse Lessor for payments made to the Contractor. The total amount reimbursed to Lessor by the County will equal the result obtained by subtracting the Allowance from the Total Cost. Such reimbursements are to be made in accordance with Section 10 (Progress Payments). If, subsequent to the execution of this agreement, the County requests, in writing, changes to the Final Plans that increase the cost of constructing the Tenant Improvements, such additional costs will be added to the Total Cost and the County will reimburse Lessor for such additional costs as set forth herein. 6. Contractor. Lessor shall use a competitive bid package approved by the County to select a contractor that is acceptable to the County (the “Contractor”) to construct the Tenant Improvements. Lessor shall provide a copy of all proposals and bids related to the construction of the Building and the Tenant Improvements to County. Lessor shall permit County to attend any meetings between Lessor and potential contractors that precede the award of a contract. Lessor shall cause Contractor to obtain all licenses and permits necessary to effect the construction of the Building and the Tenant Improvements and, upon completion of the Building and the Tenant Improvements, any required occupancy permits. 7. Contractor Warranties. Lessor is responsible for obtaining, at a minimum, the warranties described in Section 11 of the Lease (Maintenance and Repairs) from its contractors, subcontractors and suppliers, as applicable. 8. Plans. Lessor and County are entering into the Lease prior to agreeing on written space plans for the build-out of the Tenant Improvements (the “Space Plans”). Lessor and July 12, 2016 Contra Costa County Board of Supervisors 875 4 C:\DOCUME~1\DESTIN~1\LOCALS~1\TEMP\BCL TECHNOLOGIES\EASYPDF 7\@BCL@B01754BC\@BCL@B01754BC.DOCX County shall cooperate in good faith to finalize the Space Plans without delay. County shall fully cooperate by providing Lessor, its architects, engineers, and contractors with timely information and approvals of plans, drawings, and specifications. Any acts by County to delay or otherwise act negligently or in bad faith in approving the Space Plans and/or cooperating with Lessor in the design and construction of the Tenant Improvements will result in a Tenant Delay (as hereinafter defined) under this Work Letter. Upon agreement by Lessor and County on the Space Plans, a true and correct copy of the Space Plans will be attached to this Work Letter as Schedule 2. 9. Modifications to the Plans. a. Lessor and County acknowledge that the Space Plans may not depict certain structural elements of the Building and/or various elements of the Building systems that may necessitate modifications to the Space Plans and specifications for the Tenant Improvements (collectively “Structural Modifications”). Furthermore, any final plans and specifications for the construction of the Tenant Improvements may require modification to account for Applicable Laws and Restrictions. “Applicable Laws and Restrictions” means all laws (including, without limitation, the Americans with Disabilities Act), building codes, ordinances, regulations, title covenants, conditions, and restrictions, and casualty underwriters’ requirements applicable to the Building and the Tenant Improvements. b. Within sixty (60) days after the date the Space Plans have been agreed upon by Lessor and County and attached to this Work Letter as Schedule 2, Lessor shall cause to be prepared final plans and specifications in substantial conformity with the Space Plans, taking into account (a) Structural Modifications, (b) the requirements of the Applicable Laws and Restrictions, (c) other modifications resulting from physical constraints of the Building, and (d) modifications requested by County and consented to by Lessor, which consent may not be unreasonably withheld (the “Interim Final Plans”). Once the cost of the Base Building Work has been reviewed in accordance with Section 3.c. of this Work Letter and any resulting changes have been agreed to by County and Lessor, the Interim Final Plans will be deemed the “Final Plans.” Once completed, the Final Plans will be attached to this Work Letter as Schedule 4. c. Any and all modifications of, or amendments to, the Space Plans and the Final Plans (including all working drawings and other supplements thereto, but excluding immaterial field changes and Structural Modifications), are subject to the prior written approval of County. Material "or equal" items or substitute items provided for in the specifications forming part of the Final Plans are subject to the prior written approval of County, which approval may not be unreasonably withheld or delayed. Samples of such “or equal” or substitute materials, together with any additional supplemental information that may be necessary for County's review, are to be submitted to County in a timely manner. 10. Progress Payments. The Lessor shall pay the Contractor for work performed in constructing the Tenant Improvements at the twenty-five percent (25%), fifty percent July 12, 2016 Contra Costa County Board of Supervisors 876 5 C:\DOCUME~1\DESTIN~1\LOCALS~1\TEMP\BCL TECHNOLOGIES\EASYPDF 7\@BCL@B01754BC\@BCL@B01754BC.DOCX (50%), seventy-five percent (75%) and ninety percent (90%) completion points (each such payment a “Progress Payment”). Each completion point will be determined by Lessor’s architect (the “Architect”) and confirmed by the County Representative. a. Basis of Payment. Subject to Section 10.b. below (Progress Payment Retention), the amount of each Progress Payment is to be equal to the approved cost of the work performed, as established by the Cost Schedule, less any amounts previously paid. b. Progress Payment Retention. The Lessor shall retain an amount equal to ten percent (10%) of each Progress Payment (the “Retention”). The Retention will be paid when the Tenant Improvements have received final inspection and all Punchlist (defined below) items have been completed to the County’s satisfaction. c. Reimbursement. The County shall reimburse the Lessor for each Progress Payment and the Retention within ten business days after receipt of all of the following: i. An invoice from the Lessor for the respective Progress Payment that is accompanied by (i) copies of invoices from the Contractor and suppliers that support the amount for which the Lessor seeks reimbursement, and (ii) any other documentation reasonably requested by the County. ii. With respect to reimbursement for the Retention, a copy of all lien releases from all contractors and suppliers. 11. Inspections. The County and its representatives may enter the Property at all reasonable times for the purpose of inspecting the progress of construction of the Building and Tenant Improvements. 12. Compliance with Laws; Standards of Performance. Lessor, at its expense as part of the Allowance, shall (i) obtain all approvals, permits and other consents required to commence, perform and complete the Tenant Improvements, and, if applicable, shall deliver a certificate of occupancy to County, and (ii) shall cause the Tenant Improvements to be constructed in accordance with the following performance standards: the Building and the Tenant Improvements are to be constructed by qualified well- trained, adequately supervised workers, in a good and workmanlike manner, free from design, material and workmanship defects in accordance with the Final Plans and all Applicable Laws and Restrictions (the “Performance Standards”). Lessor warrants that the Building and all Tenant Improvements shall be constructed in accordance with the Performance Standards. Notwithstanding anything to the contrary in the Lease or this Work Letter, County’s acceptance of possession of the Building does not waive this warranty and Lessor shall promptly remedy all violations of the warranty at its sole cost and expense. 13. Completion Notice; Inspection; Substantial Completion Date. July 12, 2016 Contra Costa County Board of Supervisors 877 6 C:\DOCUME~1\DESTIN~1\LOCALS~1\TEMP\BCL TECHNOLOGIES\EASYPDF 7\@BCL@B01754BC\@BCL@B01754BC.DOCX a. When Lessor deems construction of the Building and the Tenant Improvements to be Substantially Complete, as defined below, Lessor shall tender delivery to County by delivering a “Completion Notice” in substantial conformity with Schedule 5. For purposes of this Work Letter, the phrase “Substantially Complete” means (i) construction of the Building and the Tenant Improvements have been substantially completed in accordance with the Final Plans and Applicable Laws and Restrictions, (ii) there is no incomplete or defective work that unreasonably interferes with County’s use of the Building, (iii) all necessary government approvals for legal occupancy of the Building have been obtained (including, if applicable, a Certificate of Occupancy), and (iv) all utilities are hooked up and available for use by County. b. Upon receipt of the Completion Notice, a representative of the County, a representative of Lessor, and the Architect will immediately inspect the Building and the Tenant Improvements for the purpose of establishing that the Building and the Tenant Improvements are Substantially Complete. Once County and the Architect are satisfied that the Building and the Tenant Improvements appear to be Substantially Complete, both shall so indicate by countersigning the Completion Notice. The Building will be deemed delivered to County on the day that both County and the Architect have countersigned the Completion Notice (the “Commencement Date” and the “Substantial Completion Date”). 14. Punchlist. County has sixty days from the Substantial Completion Date to provide Lessor with a written list of any items that are defective, incomplete, or do not conform to the Final Plans or to Applicable Laws and Restrictions (a “Punchlist”). County may augment the Punchlist at any time on or before ten days after the Substantial Completion Date. County’s failure to specify any item on the Punchlist, however, does not waive Lessor’s obligation to construct the Building and the Tenant Improvements in accordance with this Work Letter. Lessor shall remedy all items on the Punchlist as soon as practicable and in any event within thirty days of Lessor receiving the Punchlist. If Lessor fails to remedy all items on the Punchlist within the thirty-day period (exempt as to items, if any, that require more than thirty days to complete), then County may, upon twenty days prior notice to Lessor, complete any Punchlist items and deduct the cost of such work from the Rent next coming due under the Lease until County is reimbursed in full. 15. Delay. The Commencement Date will be delayed by one day for each day of delay in the completion of the Tenant Improvements that is caused by a Lessor Delay, as defined below. The Commencement Date will not be delayed due to a County Delay, as defined below. No Lessor Delay or County Delay will be deemed to have occurred unless and until the party claiming the delay provides written notice to the other party specifying the action or inaction that constitutes a Lessor Delay, or County Delay, as applicable. If such action or inaction is not cured within one day after receipt of the notice, then a Lessor Delay, or County Delay, as set forth in the notice, will be deemed to have occurred commencing as of the date the notice is received and continuing for the number of days the completion of the Tenant Improvements is in fact delayed as a direct result of such action, inaction or event. July 12, 2016 Contra Costa County Board of Supervisors 878 7 C:\DOCUME~1\DESTIN~1\LOCALS~1\TEMP\BCL TECHNOLOGIES\EASYPDF 7\@BCL@B01754BC\@BCL@B01754BC.DOCX a. The term “Lessor Delay” means any actual delay in the completion of Tenant Improvements that is caused solely by any of the following: (i) Lessor not responding to requests for authorization or approval within the time period provided for a response to such request or, if no such time is stated, beyond a reasonable time therefor, and (ii) the acts or failures to act, whether willful, negligent, or otherwise, of Lessor, its agents, or contractors, to the extent contrary to the terms hereof. b. The term “County Delay” means any actual delay in the completion of the Tenant Improvements that is caused solely by any of the following: (i) changes in the Final Plans requested by County, (ii) the County not furnishing information or giving any approvals or authorizations within the time limits set forth for such performance in this Work Letter, or if no time is set forth for such performance in this Work Letter, then a reasonable time therefor, and (iii) the acts or failures to act, whether willful, negligent, or otherwise, of County, its agents, or contractors, to the extent contrary to the terms hereof. 16. County's Work. a. Any item of work not shown in the Final Plans, including, for example, telephone and data service or furnishings ("County’s Work"), may be performed by County through contractors selected by County and approved by Lessor, which approval may not be unreasonably withheld or delayed. Upon a timely request by County, Lessor shall perform the County’s Work through contractors selected by Lessor and approved by County. If Lessor performs the County’s Work, County shall reimburse Lessor for the full cost thereof upon receipt by County of receipted invoices for work performed or materials supplied. If County performs all or any portion of the County’s Work, Lessor shall allow County prompt and reasonable access to the Building, provided, in Lessor's reasonable opinion, the County’s Work can be performed by County without undue interference with the completion of the Tenant Improvements. b. Lessor shall furnish water, electricity, adequate elevator service and HVAC to the Building during the performance of any of County’s Work during normal working hours of the Tenant Improvement project, without charge to County. 17. County’s Right to Terminate. County may terminate the Lease and this Work Letter by delivering a written termination notice to Lessor upon the occurrence of any of the following events: a. A permit required for construction of the Building has not been issued on or before the last day for issuance of the permits specified in the Construction Schedule. b. A permit required for construction of the Tenant Improvements has not been issued on or before the last day for issuance of the permits specified in the Construction Schedule. July 12, 2016 Contra Costa County Board of Supervisors 879 8 C:\DOCUME~1\DESTIN~1\LOCALS~1\TEMP\BCL TECHNOLOGIES\EASYPDF 7\@BCL@B01754BC\@BCL@B01754BC.DOCX c. Lessor fails to execute a construction contract for the Building with a general contractor on or before June 1, 2017. d. Lessor fails to cause construction of the Tenant Improvements to commence on or before March 31, 2018. e. The Substantial Completion Date does not occur on or before the Scheduled Completion Date (as the same may be adjusted for County Delays in accordance with this Work Letter) and Lessor fails to Substantially Complete the Tenant Improvements on or before the fifth day after written notice by County to Lessor of its intent to terminate pursuant to this section. 18. Construction Period Insurance. a. Throughout the construction of the Tenant Improvements and the County’s Work, if the County’s Work is performed by Lessor, Lessor shall carry and shall cause all contractors and their subcontractors to carry the insurance set forth below covering all occurrences on the Property and in or about the Building, and the County shall be named as a party assured, together with the Lessor, contractor or subcontractor, as the case may be: i. Workers' compensation insurance in statutory limits; ii. Lessor: Commercial general liability insurance, including contractual liability, owners and contractors protective liability for a period of one year after substantial completion, with limits of not less than $2,000,000 per occurrence; iii. Contractors and Subcontractors: Commercial general liability insurance, including contractual liability, owners and contractors protective liability for a period of one year after substantial completion, with limits of not less than $1,000,000 per person and $1,000,000 per occurrence; iv. Comprehensive automobile liability in minimum limits of $500,000 for bodily injury or death to one person and $1,000,000 for bodily injury or death in any one occurrence and $500,000 per occurrence for property damage; v. Employer's liability insurance in minimum limits of $1,000,000 per occurrence for bodily injury or disease; and vi. Excess liability insurance over the insurance required by subsections (ii), (iii), (iv), and (v) of this section with combined, minimum coverage of $2,000,000. b. All insurance required by this Section 18 may be carried in whole or in part under a blanket policy (or policies). Lessor agrees to require each contractor and July 12, 2016 Contra Costa County Board of Supervisors 880 9 C:\DOCUME~1\DESTIN~1\LOCALS~1\TEMP\BCL TECHNOLOGIES\EASYPDF 7\@BCL@B01754BC\@BCL@B01754BC.DOCX subcontractor to furnish Lessor with evidence reasonably satisfactory to Lessor of the maintenance of the required insurance coverage, with assurances that it will not be cancelled without fifteen days advance written notice to Lessor, and, in the case of blanket insurance, setting forth that the Building and the work with respect thereto is covered by the blanket policy and specifying the amount of coverage relating thereto. Upon the request of the County Representative, Lessor shall provide to the County Representative evidence of the maintenance of the required insurance coverage that is reasonably satisfactory to the County Representative. 19. Risk of Loss. a. If the Building or any portion of the Tenant Improvements or County’s Work is damaged or destroyed prior to the Substantial Completion Date, the County may terminate the Lease if, in the reasonable opinion of the Architect, the Building cannot be restored and the Tenant Improvements cannot be Substantially Completed prior to 180 days after the Scheduled Completion Date. If the Lease is terminated pursuant to this section, Lessor shall cause its insurance to pay County an amount that is equal to the cost of constructing the County’s Work paid by Count y prior to the casualty. b. If the Building or the Tenant Improvements are damaged or destroyed prior to the Substantial Completion Date and the Lease is not terminated pursuant to this section, Lessor shall promptly and diligently cause its contractor to restore the Building and complete construction of the Tenant Improvements. 20. Pre-Move-In Cleaning. Lessor shall clean and ventilate the Building immediately prior to County moving into the Building. [Remainder of Page Intentionally Left Blank] July 12, 2016 Contra Costa County Board of Supervisors 881 10 C:\DOCUME~1\DESTIN~1\LOCALS~1\TEMP\BCL TECHNOLOGIES\EASYPDF 7\@BCL@B01754BC\@BCL@B01754BC.DOCX 21. Time of the Essence. Time is of the essence in fulfilling all terms and conditions of this Work Letter. The parties are executing this Work Letter as of the date hereinabove set forth. COUNTY OF CONTRA COSTA, a political subdivision of the State of California By:____________________________ Julia Bueren Director of Public Works RECOMMENDED FOR APPROVAL: By:____________________________ Karen A. Laws Principal Real Property Agent By:____________________________ David L. Silva Supervisory Real Property Agent APPROVED AS TO FORM SHARON L. ANDERSON, COUNTY COUNSEL By:____________________________ Kathleen M. Andrus Deputy County Counsel CITY OF SAN PABLO By:____________________________ Matt Rodriguez City Manager Attested by: By:____________________________ Charles Ching Assistant to the City Manager APPROVED AS TO FORM: By:____________________________ C. Nicole Murphy City Attorney July 12, 2016 Contra Costa County Board of Supervisors 882 11 C:\DOCUME~1\DESTIN~1\LOCALS~1\TEMP\BCL TECHNOLOGIES\EASYPDF 7\@BCL@B01754BC\@BCL@B01754BC.DOCX SCHEDULE 1 TENANT IMPROVEMENTS July 12, 2016 Contra Costa County Board of Supervisors 883 12 C:\DOCUME~1\DESTIN~1\LOCALS~1\TEMP\BCL TECHNOLOGIES\EASYPDF 7\@BCL@B01754BC\@BCL@B01754BC.DOCX SCHEDULE 2 SPACE PLANS July 12, 2016 Contra Costa County Board of Supervisors 884 13 C:\DOCUME~1\DESTIN~1\LOCALS~1\TEMP\BCL TECHNOLOGIES\EASYPDF 7\@BCL@B01754BC\@BCL@B01754BC.DOCX SCHEDULE 3 CONSTRUCTION SCHEDULE July 12, 2016 Contra Costa County Board of Supervisors 885 14 C:\DOCUME~1\DESTIN~1\LOCALS~1\TEMP\BCL TECHNOLOGIES\EASYPDF 7\@BCL@B01754BC\@BCL@B01754BC.DOCX SCHEDULE 4 FINAL PLANS July 12, 2016 Contra Costa County Board of Supervisors 886 15 C:\DOCUME~1\DESTIN~1\LOCALS~1\TEMP\BCL TECHNOLOGIES\EASYPDF 7\@BCL@B01754BC\@BCL@B01754BC.DOCX SCHEDULE 5 FORM OF COMPLETION NOTICE To: Contra Costa County From: City of San Pablo Date: Re: Completion Notice This notice is provided in compliance with Section 13 of that certain Work Letter dated _____________ between the City of San Pablo, as Lessor, and Contra Costa County (the “Work Letter”). All terms not otherwise defined herein have the meaning ascribed to them in the Work Letter. Tender by Lessor Lessor hereby represents that it has completed construction of the Tenant Improvements in substantial conformity with the Final Plans. Lessor hereby tenders the Building for delivery to County. City of San Pablo By: _____________________ Its: _____________________ Certification by Architect The undersigned, a duly authorized representative of [Architect], hereby represents that (s) he has inspected the Tenant Improvements and determined them to be in substantial conformity with the Final Plans. [Architect] By: _____________________ Date: _________________ Its: _____________________ Certification by Contra Costa County The undersigned, a duly authorized representative of Contra Costa County, hereby represents that the County has caused the Tenant Improvements to be inspected and has determined them to be in substantial conformity with the Final Plans. Contra Costa County By: _____________________ Date: _________________ Its: _____________________ July 12, 2016 Contra Costa County Board of Supervisors 887 RECOMMENDATION(S): APPROVE and AUTHORIZE the Employment & Human Services Director, or designee, to accept additional funding from California Department of Community Services and Development, to increase the payment limit by $423,240 to a new amount of $846,479 for Community Services Block Grant program services with no change to term January 1, 2016 through December 31, 2016. FISCAL IMPACT: 100% Federal funding via California Department of Community Services & Development Pass through of Federal funds / CFDA # 93.569 No County match State: 16F-5007 / Amend 2 County: 39-813-42 APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/12/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I 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 12, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: Christina Reich, Sam Mendoza, Cassandra Youngblood C. 54 To:Board of Supervisors From:Kathy Gallagher Date:July 12, 2016 Contra Costa County Subject:2016 Community Services Block Grant (CSBG) revenue contract, amendment #2 July 12, 2016 Contra Costa County Board of Supervisors 888 BACKGROUND: The Board approved receipt of the 2016 Community Services Block Grant on December 15, 2015 (C.33). As the County's Community Action Agency, the Department's Community Services 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. The award approved on December 15, 2015 was a partial allocation based on the partial grant received by the State from the federal government for CSBG through the federal department of Health and Human Services. On March 29, 2016, the Board approved receipt of additional funding (C.50). This board order accepts the remainder of the 2016 allocation. 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. July 12, 2016 Contra Costa County Board of Supervisors 889 RECOMMENDATION(S): APPROVE and AUTHORIZE the Employment & Human Services Director, or designee, to accept funding from California Department of Community Services and Development, including a modified indemnification language, in an amount not to exceed $17,000 for Community Services Block Grant program services during the term June 15, 2016 through December 31, 2016. FISCAL IMPACT: 100% Federal funding via California Department of Community Services & Development Pass through of Federal funds / CFDA # 93.569 No County match State: 16F-5525 County: 39-909-3 APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/12/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I 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 12, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: Christina Reich, Sam Mendoza, Cassandra Youngblood C. 52 To:Board of Supervisors From:Kathy Gallagher Date:July 12, 2016 Contra Costa County Subject:2016 Community Services Block Grant (CSBG) targeted initiative revenue contract July 12, 2016 Contra Costa County Board of Supervisors 890 BACKGROUND: The Department received notification of funding from California Department of Community Services and Development on June 13, 2015. As the County's Community Action Agency, the Department's Community Services 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). This funding is for selected Community Action agencies to receive discretionary funds to support training and technical assistance needs to build capacity. The funds can also be used to support program that focus on the homeless population and to assist low-income individuals to claim the Earned Income Tax Credit. Funding is provided under 3 categories: Capacity Building, Homelessness and Earned Income Tax Credit. 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. July 12, 2016 Contra Costa County Board of Supervisors 891 RECOMMENDATION(S): ADOPT Resolution No. 2016/443 authorizing the Sheriff-Coroner, or designee to apply for and accept State Homeland Security Grant Program (SHSGP) funds in an initial amount of $1,200,036 from the California Governor’s Office of Emergency Services, make required grant assurances and authorize specified Sheriff’s Office officials to act on behalf of the County to obtain funding for the period of September 1, 2016 through the end of grant fund availability. FISCAL IMPACT: No County match. BACKGROUND: The California Governor’s Office of Emergency Services (Cal OES) is responsible for designing and implementing homeland security initiatives and ensuring that the state is ready to protect lives and property by effectively preparing for, preventing, responding to, and recovering from all threats, crimes, hazards, and emergencies. To help fulfill this mission, Cal OES administers a pass-through program of federal homeland security grant funds to local public agencies through California. This program is critical to maintaining the quality and quantity of homeland security APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/12/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I Supervisor Contact: Mary Jane Robb, 925-335-1557 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 12, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: C. 51 To:Board of Supervisors From:David O. Livingston, Sheriff-Coroner Date:July 12, 2016 Contra Costa County Subject:APPLICATION FOR FY 2016 STATE HOMELAND SECURITY GRANT PROGRAM FUNDS July 12, 2016 Contra Costa County Board of Supervisors 892 BACKGROUND: (CONT'D) initiative programs provided within the County. The funding will allow for enhanced coordination and communication among the disciplines to maximize protective actions, emergency preparedness, and the effective response to emergencies and disasters. The initial total grant program allocation provided to the County by the U.S. Department of Homeland Security and sub-granted through the State of California is $1,200,036. The grant application requires the County to adopt a resolution (attached) appointing an authorized agent to act on behalf of the Board of Supervisors by executing any actions necessary for each application and sub-grant. The application also requires the applicants to make certain grant assurances prescribing requirements to which the County will be held accountable. CONSEQUENCE OF NEGATIVE ACTION: The Office of the Sheriff would not be able to apply for and accept this grant funding. CHILDREN'S IMPACT STATEMENT: No impact. AGENDA ATTACHMENTS Resolution No. 2016/443 MINUTES ATTACHMENTS Signed Resolution No. 2016/443 July 12, 2016 Contra Costa County Board of Supervisors 893 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 07/12/2016 by the following vote: AYE: Candace Andersen Mary N. Piepho Karen Mitchoff Federal D. Glover NO: ABSENT:John Gioia ABSTAIN: RECUSE: Resolution No. 2016/443 IN THE MATTER OF: Applying for and Accepting 2016 State Homeland Security Grant Program funds. WHEREAS the County of Contra Costa is seeking funds available through the California Homeland Security Grant Program administered by the California Governor's Office of Emergency Services; NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors: Authorizes the Sheriff-Coroner or the Undersheriff or the Sheriffs Chief of Management Services, to execute for and on behalf of the County of Contra Costa, a public entity established under the laws of the State of California, any actions necessary for the purpose of obtaining Federal financial assistance provided by the U.S. Department of Homeland Security and sub-granted through the State of California related to the State Homeland Security Grant Program. Contact: Mary Jane Robb, 925-335-1557 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 12, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: 4 1 July 12, 2016 Contra Costa County Board of Supervisors 894 July 12, 2016Contra Costa County Board of Supervisors895 RECOMMENDATION(S): APPROVE and AUTHORIZE the Interim County Librarian, or designee, to apply for and accept a grant in the amount of $1,000 from the Richmond Community Foundation to provide books and programs at the San Pablo Library for the period July 1 through September 30, 2016. FISCAL IMPACT: No Library Fund match. BACKGROUND: Receipt of this grant will benefit the children served by San Pablo Library by increasing the participation in the Summer Reading Program. This will be accomplished by offering high quality prize books for the summer reading finishers, and presenting a fun end of Summer Reading program to children and families. The Richmond Community Foundation contributes to ongoing efforts to make West Contra Costa County a thriving community that is livable, safe and healthy. The San Pablo Library has received grant funds from the Richmond Community Foundation in the past. With the previous grants, the library was able to partner with local schools to promote reading by providing entertaining reading-related programs to San Pablo elementary school children. CONSEQUENCE OF NEGATIVE ACTION: The intended program will not occur. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/12/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I Supervisor Contact: Gail McPartland, 925-927-3204 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 12, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: C. 43 To:Board of Supervisors From:Theresa Speiker, Interim County Librarian Date:July 12, 2016 Contra Costa County Subject:Apply For and Accept a Grant in the Amount of $1,000 from the Richmond Community Foundation July 12, 2016 Contra Costa County Board of Supervisors 896 CHILDREN'S IMPACT STATEMENT: Contra Costa County Library has a strong commitment to promoting literacy to children and families through story times, Summer Reading programs, and an attractive materials collection to foster a love of books and reading in children. Offering high-quality Summer Reading prize books and an exciting end of Summer Family Reading event will help children keep up their reading skills during summer break. Summer learning loss among lower income students is a major contributor to the achievement gap. This grant supports the community outcome of: Children Ready for and Succeeding in School. July 12, 2016 Contra Costa County Board of Supervisors 897 RECOMMENDATION(S): ADOPT Resolution No. 2016/444 authorizing the Sheriff-Coroner, or designee, to apply for and accept the California Governor's Office of Emergency Services (CalOES) 2016 Emergency Management Performance Grant in an initial allocation of $353,790 to develop and maintain the level of capability to prepare for, mitigate, respond to, and recover from emergencies and disasters for the period beginning July 1, 2016 through the end of grant funding availability. FISCAL IMPACT: $353,790; 100% Federal with the State as the fiscal agent. Grant requires in-kind match in the amount of the grant award, which is currently budgeted. (CFDA# 97.042) BACKGROUND: The Operational Area of Contra Costa County has received Emergency Management Performance Grant (EMPG) funds from the California Governor's Office of Emergency Services (CalOES) for several years. The continuation of this program is critical to maintaining the quality and quantity of emergency management programs provided within the County. This funding will allow APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/12/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I 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 12, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: C. 53 To:Board of Supervisors From:David O. Livingston, Sheriff-Coroner Date:July 12, 2016 Contra Costa County Subject:Applying for and Accepting the 2016 Emergency Management Performance Grant July 12, 2016 Contra Costa County Board of Supervisors 898 BACKGROUND: (CONT'D) for enhanced coordination and communication among the disciplines within the Operational Area to maximize protective actions, emergency preparedness, and the effective response to emergencies and disasters. Up to $56,600 from this grant will be passed on to other municipalities within the County. The initial Emergency Management Performance Grant program allocation provided to the County by the U.S. Department of Homeland Security and sub-granted through the State of California is $353,790 with possible additional funding. CONSEQUENCE OF NEGATIVE ACTION: The Sheriff's Office will not be authorized to apply for and accept the grant funding. CHILDREN'S IMPACT STATEMENT: No impact. AGENDA ATTACHMENTS Resolution No. 2016/444 MINUTES ATTACHMENTS Signed Resolution No. 2016/444 July 12, 2016 Contra Costa County Board of Supervisors 899 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 07/12/2016 by the following vote: AYE: Candace Andersen Mary N. Piepho Karen Mitchoff Federal D. Glover NO: ABSENT:John Gioia ABSTAIN: RECUSE: Resolution No. 2016/444 IN THE MATER OF: Applying for and Accepting the 2016 Emergency Management Performance Grant. WHEREAS, the County of Contra Costa is seeking funds available through the Emergency Management Performance Grant program administered by the California Emergency Management Agency: NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors authorizes the Sheriff-Coroner, the Undersheriff or the Sheriff's Chief of Management Services, to execute for and on behalf of the County of Contra Costa, a public entity established under the laws of the State of California, any actions necessary for the purpose of obtaining Federal financial assistance provided by the U. S. Department of of Homeland Security and sub-granted through the State of California. 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 12, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: 4 1 July 12, 2016 Contra Costa County Board of Supervisors 900 July 12, 2016Contra Costa County Board of Supervisors901 RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute, on behalf of the County, Agreement #28-602-16 with the California Department of Public Health, Nutrition Education and Obesity Prevention Program, in an amount payable to the County not to exceed $3,246,108, for the “County’s Nutrition and Physical Activity Promotion” Project, for the period from October 1, 2016 through September 30, 2019. FISCAL IMPACT: Approval of this agreement will result in funding from the State, in an amount not to exceed $3,246,108 for the County’s Nutrition and Physical Activity Promotion Project. No County match required. BACKGROUND: On February 14, 2014, the Board of Supervisors approved Standard Agreement #28-602-13 (as amended by Amendment Agreements #28-602-14 and #28-602-15) with the California Department of Public Health, for the California Nutrition Network” Project for the period from October 1, 2013 through September 30, 2016. This Agreement provided nutrition education to Contra APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/12/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I Supervisor Contact: Dan Peddycord, 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 12, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: J Pigg , M Wilhelm C. 50 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:July 12, 2016 Contra Costa County Subject:Approve Agreement #28-602-16 with the California Department of Public Health July 12, 2016 Contra Costa County Board of Supervisors 902 BACKGROUND: (CONT'D) Costa County residents. The goal of the project was to educate the public, particularly low-income consumers, on healthful nutrition and physical activity practices to reduce risk for chronic disease. Approval of Standard Agreement #28-602-16 will provide the County continuous funding support to create innovative partnerships that assist the Supplement Nutrition Assistance Program-Education (SNAP-Ed) eligible consumers in adopting healthy eating and physical activity behaviors, as part of a healthy lifestyle, through September 30, 2016. This Agreement includes mutual indemnification. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, the County will not receive funds to educate SNAP-Ed eligible consumers on healthful nutrition and physical activity practices to help reduce risk for chronic disease. CHILDREN'S IMPACT STATEMENT: Not applicable. July 12, 2016 Contra Costa County Board of Supervisors 903 RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County, Agreement #28-884 with Sutter East Bay Hospitals, a non-profit organization, to pay the County an amount not to exceed $10,000 to support microbiological testing services for Sutter Delta Medical Center at the Contra Costa County Public Health Laboratory, for the period from June 1, 2016 through May 31, 2018. FISCAL IMPACT: This Agreement will result in funding from Sutter East Bay Hospitals in an amount not to exceed $10,000 for Public Health Laboratory services. (No County match required) BACKGROUND: Under this agreement #28-884, Sutter East Bay Hospitals agree to pay the County to perform microbiological testing services to Sutter Delta Medical Center, as needed, and on a fee for services basis for the period from June 1, 2016 through May 31, 2018. This Agreement includes mutual indemnification. CONSEQUENCE OF NEGATIVE ACTION: If this agreement is not approved, the County will not receive funding to perform laboratory testing services for Sutter Delta Medical Center. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/12/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I Supervisor Contact: Dan Peddycord, 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 12, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: J PIGG , M WILHELM C. 47 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:July 12, 2016 Contra Costa County Subject:Approve Agreement #28-884 with Sutter East Bay Hospitals July 12, 2016 Contra Costa County Board of Supervisors 904 CHILDREN'S IMPACT STATEMENT: Not Applicable July 12, 2016 Contra Costa County Board of Supervisors 905 RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County, Standard (Amendment) Agreement #29-203-94 (State #15-10068, A01) with California Department of Public Health, effective October 1, 2015, to increase payment to the County by $318,855 from $17,532,475 to a new total not to exceed $17,851,330, to amend Agreement #29-203-93, with no change in the original term of October 1, 2015 through September 30, 2019. FISCAL IMPACT: Approval of this Amendment will result in an increase of $318,855 of funding from the California Department of Public Health for the Supplemental Food Program for Women, Infants and Children (WIC) through September 30, 2019. No County Funds required. BACKGROUND: For over eighteen years the County has participated in the WIC Program with the State. This is a mandated program under the Community Health Services Division of the State Department of Health Services. WIC is a nutrition education, counseling and food supplement program APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/12/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I Supervisor Contact: Dan Peddycord 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 12, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: J Pigg , M Wilhelm C. 48 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:July 12, 2016 Contra Costa County Subject:Approve Amendment Agreement #29-203-94 with California Department of Public Health July 12, 2016 Contra Costa County Board of Supervisors 906 BACKGROUND: (CONT'D) for low-income, pregnant, postpartum and breast-feeding women, infants and children at nutritional risk. This program serves approximately 22,200 clients. On October 6, 2015, the Board of Supervisors approved Standard Agreement #29-203-93, with the California Department of Public Health, for the Supplemental Food Program, for the period from October 1, 2015 through September 30, 2019. Approval of Standard (Amendment) Agreement #29-203-94 will make technical adjustments to the budget, allowing the County to continue nutrition assessments and education, community referrals, and food checks to eligible residents of Contra Costa County, through September 30, 2019. CONSEQUENCE OF NEGATIVE ACTION: If this amendment is not approved, the County will not receive funds to continue nutrition assessments and education, community referrals, and food checks to eligible residents of Contra Costa County. CHILDREN'S IMPACT STATEMENT: Not applicable. July 12, 2016 Contra Costa County Board of Supervisors 907 RECOMMENDATION(S): RATIFY the Health Services Director's, or designee's, execution, on behalf of the County, of Contract Amendment Agreement #28-700-22 (State #14-10498-A02) with the California Department of Public Health, effective December 1, 2015 to amend Agreement #28-700-20 (as amended by Amendment Agreement #23-700-21), to increase the total payment to County by $87,353 from $4,214,916, to a new total Payment Limit of $4,302,269, with no change in the original term of July 1, 2014 through June 30, 2017. FISCAL IMPACT: Approval of this Contract Amendment Agreement will result in an increase of $87,353 to a new total of $4,302,296 of funding from the California Department of Public Health Centers for Disease Control and Prevention (CDC) for the Public Health Emergency Preparedness, and Hospital Preparedness Program (HPP) & Comprehensive Program through June 30, 2017. No County match required. BACKGROUND: The California Department of Public Health has agreed to fund multiple Public Health Emergency Preparedness activities including, but not limited to, the Centers for Disease APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/12/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I Supervisor Contact: Dan Peddycord, 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 12, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: Tasha Scott, M Wilhelm C. 46 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:July 12, 2016 Contra Costa County Subject:Approve Contract Amendment Agreement #28-700-22 with the California Department of Public Health July 12, 2016 Contra Costa County Board of Supervisors 908 BACKGROUND: (CONT'D) Control (CDC) preparedness activities, the Cities Readiness Initiative (CRI) activities, State General Fund Pandemic Influenza preparedness and Hospital Preparedness Program activities, for the County’s Public Health Emergency Preparedness Response Program. Contra Costa Health Services (CCHS) will utilize these funds to respond to any disease outbreaks in Contra Costa County. On December 16, 2014, the Board of Supervisors approved Agreement #28-700-20 (as amended by Amendment Agreement #23-700-21) with the California Department of Public Health for County’s Public Health Emergency Preparedness, Hospital Preparedness Program (HPP) & Comprehensive Program, for the period July 1, 2014 through June 30, 2017 Approval of this Contract Amendment Agreement #28-700-22 will make technical adjustments to the budget and scope of work, allowing County to receive additional funding for continuation of the Public Health Emergency Preparedness Response services, through June 30, 2017. CONSEQUENCE OF NEGATIVE ACTION: If this contract amendment is not approved, County will not be able to continue to develop and test all hazards health emergency preparedness activities and hospital preparedness in response to any disease outbreaks in Contra Costa County. CHILDREN'S IMPACT STATEMENT: Not applicable. July 12, 2016 Contra Costa County Board of Supervisors 909 RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to accept, on behalf of the County, Grant Amendment Award #28-596-12 from the California Department of Public Health, effective July 1, 2016 to increase the amount payable to County by $81,214 from $676,243 to a new total payment limit in an amount not to exceed $757,457, with no change in the original term of July 1, 2014 through June 30, 2017. FISCAL IMPACT: Acceptance of this grant amendment will result in an increase of $82,205 for the third year, for a total amount of $757,457 for Fiscal Years 2014 through 2017. No County match required. BACKGROUND: On August 12, 2014, the Board of Supervisors approved Standard Agreement #28-596-11 from the California Department of Public Health, for continuation of the Childhood Lead Poising Prevention Project for fiscal years 2014 through 2017, which included agreeing to indemnify and hold the State harmless for claims arising out APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/12/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I Supervisor Contact: Dan Peddycord, 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 12, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: J Pigg , M Wilhelm C. 49 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:July 12, 2016 Contra Costa County Subject:Grant Amendment #28-596-12 from California Department of Public Health July 12, 2016 Contra Costa County Board of Supervisors 910 BACKGROUND: (CONT'D) of the County’s performance under this Agreement. In Contra Costa County, over 60% of the housing units were build before 1978; the year Consumer Product Safety Commission banned lead paint. Lead paint is a recognized source of lead poisoning in children. Over 5,000 children live in these types of units. Since 1992, over 800 children have been identified in Contra Costa County with lead poisoning, and many more are likely to have lead although they have not been tested. The Centers for Disease Control (CDC) identifies lead poisoning as the principal environmental health problem affecting children in the United States and emphasizes that this is a problem which is entirely preventable. In Contra Costa County, over 500 residents have been diagnosed with a lead level of over 10 mcg/dl and approximately 75 children each year have low levels of lead between 5-10 mcg/dl. The only way to know if a child has been poisoned by lead is to test the child. This Project is the sole source of funding for case management and follow-up care for children identified as lead-poisoned. The goal of the Project is to decrease the exposure of children to lead and the incidence of increased childhood blood lead levels. Approval of this Grant Amendment #28-596-12 will allow the County’s Public Health Division to receive additional funding for the Childhood Lead Poising Prevention Project, through June 30, 2017. CONSEQUENCE OF NEGATIVE ACTION: If this grant amendment is not approved, Contra Costa County will not receive the additional funding to support the project to decrease lead exposure in children. CHILDREN'S IMPACT STATEMENT: Not Applicable July 12, 2016 Contra Costa County Board of Supervisors 911 RECOMMENDATION(S): APPROVE and AUTHORIZE the Interim County Librarian, or designee, to apply for and accept five scholarships for Career Online High School in the aggregate amount of $5,475 from the California State Library to provide qualified adult learners in Contra Costa County with an accredited online high school degree and career training opportunity, for the period July 1, 2016 through December 31, 2017. FISCAL IMPACT: Library Fund match of $5,475. BACKGROUND: Career Online High School (COHS) is a nationally accredited educational program offered by Gale, a division of Cengage Learning. Currently, 38 libraries in California are using Career Online High School, including, in the East Bay, Richmond Public Library, Alameda County Library, Berkeley Public Library and Hayward Public Library. Of the 38 programs, 36 of the participating libraries received support from the California State Library in order to implement it. COHS gives students the opportunity to earn concurrently both a high school diploma and credentialed career certificate online. The goal is to bring non-traditional and/or adult learners back into the educational system and prepare them for jobs in growing sectors of the local economy. Students graduate with the tools they need to take the next step in their careers or advanced education. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/12/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I Supervisor Contact: Alison McKee, 925-927-3290 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 12, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: C. 55 To:Board of Supervisors From:Theresa Speiker, Interim County Librarian Date:July 12, 2016 Contra Costa County Subject:Grant for 5 Scholarships Totaling $5,475 from the California State Library July 12, 2016 Contra Costa County Board of Supervisors 912 BACKGROUND: (CONT'D) The Library is required to purchase five matching Career Online High School scholarships from Gale Cengage in order to qualify for the five scholarships offered by the California State Library. Each scholarship is valued at $1,095, for a total of $5,475, and will be paid for from the Library Fund. The Contra Costa County Library will provide access to COHS via Adult Literacy library staff housed at the Pittsburg Library. Based on outcomes from libraries already participating in the program, this educational approach appears to be having a significantly more positive effect on both the participants and the community at large than is estimated would occur for these adult learners through a traditional GED program. The California State Library is encouraging local communities to partner with them in making an investment in this program because research shows that persons with high school diplomas end up earning an average of about $1500 per month more than persons with GEDs. Also, 73 percent of students who received a high school diploma went on to complete at least some post-secondary education, while less than half (43 percent) of GED certificate recipients did so. Furthermore, only 5 percent earned a bachelor’s degree or higher. In contrast, of high school diploma holders, 33 percent earned this level of education. The program is expected to have a positive impact on the local economy. Because students can also obtain a career credential in addition to a diploma, the program should also introduce more skilled graduates to the local workforce. Prospective students wishing to be considered for admittance to the program must complete an online self-assessment and a two-week prerequisite course designed by COHS to determine if they will be successful. Students are then required to be interviewed by Adult Literacy library staff to determine their overall capability to complete the program. Those persons that complete both steps in the application process will be eligible to enroll in the program. Based on the best practices experiences of California libraries who participated in this program last year, the library plans to enroll its first 10 students on a "first come, first served" basis. To make sure that all 10 scholarships are used, we also plan to create a small waiting list, also on a first come, first served basis, to allow for admittance from this wait-list if any of the first 10 students drop out or withdraw from the program. CONSEQUENCE OF NEGATIVE ACTION: If the proposal is not approved, the Library will not be able to offer and provide access to Career Online High School to qualified county residents/adult learners. July 12, 2016 Contra Costa County Board of Supervisors 913 RECOMMENDATION(S): APPROVE and AUTHORIZE the Interim County Librarian, or designee, to apply for and accept a grant in the amount of $1,000 from the Richmond Community Foundation to provide books and library services at Project Pride, North Richmond, for the period July 1 through September 30, 2016. FISCAL IMPACT: No Library Fund match. BACKGROUND: Receipt of this grant will benefit the children of North Richmond by increasing the participation in Contra Costa County Library’s Summer Reading Program. The Library will accomplish this by offering high quality books and school supplies for the summer reading finishers and by presenting a fun end of Summer Reading program to children and families. The Richmond Community Foundation contributes to ongoing efforts to make West Contra Costa County a thriving community that is livable, safe and healthy. Contra Costa County Library has received grant funds from the Richmond Community Foundation in the past. With the previous grants, the library was able to partner with local schools and community groups to promote reading by providing entertaining reading-related programs to North Richmond youths. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/12/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I Supervisor Contact: Gail McPartland, 925-927-3204 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 12, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: C. 44 To:Board of Supervisors From:Theresa Speiker, Interim County Librarian Date:July 12, 2016 Contra Costa County Subject:Grant in the Amount of $1,000 from the Richmond Community Foundation for Project Pride, North Richmond July 12, 2016 Contra Costa County Board of Supervisors 914 CONSEQUENCE OF NEGATIVE ACTION: The intended programs will not occur. CHILDREN'S IMPACT STATEMENT: Contra Costa County Library has a strong commitment to promoting literacy to children and families through story times, Summer Reading programs, and an attractive materials collection to foster a love of books and reading in children. Offering high-quality Summer Reading prize books and an exciting end of Summer Family Reading event will help children keep up their reading skills during summer break. Summer learning loss among lower income students is a major contributor to the achievement gap. This grant supports the community outcome of: Children Ready for and Succeeding in School. July 12, 2016 Contra Costa County Board of Supervisors 915 RECOMMENDATION(S): APPROVE and AUTHORIZE the Interim County Librarian, or designee, to apply for and accept a grant in the amount of $500 from the Ezra Jack Keats Foundation to provide programs and services at the San Pablo Library for the period May 15, 2016 through June 1, 2017. FISCAL IMPACT: No Library Fund match. BACKGROUND: The receipt of this grant is intended to support STEAM (Science, Technology, Engineering, Art and Math) programming at the San Pablo Library by using Ezra Jack Keats’s book Pet Show! To inspire children to create their own animals and share them with others. This will increase positive connections among parents/guardians and youth (aged 5-12) in San Pablo. The funds for this grant will be used to provide a series of story time and craft program materials for a “Pet Show” program “From Germs to Giraffes,” an art and science series serving children and their parent/guardians. The mission of the Ezra Jack Keats Foundation is to bring the multicultural, creative spirit of children’s author Ezra Jack Keats into children’s lives and literature. The Ezra Jack Keats Foundation supports arts and literacy programs in public schools and libraries, celebrates new writers and illustrators of exceptional picture books for a diverse audience of children, and preserves the legacy of Keats’s work while extending his legacy. The Ezra Jack APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/12/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I Supervisor Contact: Gail McPartland, 925-927-3204 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 12, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: C. 45 To:Board of Supervisors From:Theresa Speiker, Interim County Librarian Date:July 12, 2016 Contra Costa County Subject:Grant in the Amount of $500 from the Ezra Jack Keats Foundation for San Pablo Library July 12, 2016 Contra Costa County Board of Supervisors 916 BACKGROUND: (CONT'D) Keats foundation was incorporated in 1964. His will directed that the foundation use the royalties from his books for social good. CONSEQUENCE OF NEGATIVE ACTION: The intended library programs will not occur. CHILDREN'S IMPACT STATEMENT: Contra Costa County Library has a strong commitment to promoting literacy to children and families. The Library has declared 2016 as the “Year of STEAM” to bring children and families quality program in sciences, technology, engineering, arts and math. The goal of this county-wide effort is to engage children in their future. This grant supports the community outcome of: Children Ready for and Succeeding in School. July 12, 2016 Contra Costa County Board of Supervisors 917 RECOMMENDATION(S): ADOPT Resolution No. 2016/423 approving and authorizing the District Attorney, or designee, to execute a contract, including any extensions or amendments thereof pursuant to state guidelines, with the California Victim Witness Compensation and Government Claims Board in an amount not to exceed $149,184 to fund a Victim Witness Assistance Program Specialist position for the period July 1, 2016 through June 30, 2017. FISCAL IMPACT: The District Attorney will receive $149,184 in revenue. 100% State funded. BACKGROUND: The Victim Compensation and Government Claims Board (Board) administers the State's Victim Compensation Program (VCP), which reimburses victims of violent crimes for specific economic losses incurred as a result of crime. The Board, through Criminal Restitution Compacts, funds a Victim/Witness Program Specialist Position that provides a restitution specialist who APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/12/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I 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 12, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: C. 42 To:Board of Supervisors From:Mark Peterson, District Attorney Date:July 12, 2016 Contra Costa County Subject:Victim Compensation and Government Claims Board Funding for 7/1/16 - 6/30/17 July 12, 2016 Contra Costa County Board of Supervisors 918 BACKGROUND: (CONT'D) works with the victim, the prosecutor, the Probation Department and the Court to ensure that offenders are ordered to pay restitution to the victim and the program when appropriate. Statute requires the Court to impose restitution on behalf of the Board when an offender is convicted and the victim has received benefits from the VCP. If the victim's losses are unknown at the time of sentencing, statue requires that the restitution order include a provision that the amount will be determined at the direction of the court. CONSEQUENCE OF NEGATIVE ACTION: The District Attorney will be unable to apply for an accept the grant. AGENDA ATTACHMENTS Resolution No. 2016/423 MINUTES ATTACHMENTS Signed Resolution No. 2016/423 July 12, 2016 Contra Costa County Board of Supervisors 919 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 07/12/2016 by the following vote: AYE: Candace Andersen Mary N. Piepho Karen Mitchoff Federal D. Glover NO: ABSENT:John Gioia ABSTAIN: RECUSE: Resolution No. 2016/423 Victim Compensation and Government Claims Board Grant Award for FY 2016/17. WHEREAS the Contra Costa County Board of Supervisors desires to enter into an agreement with the Victim Compensation and Government Claims Board (VCGCB) to continue the program to ensure restitution fines and orders are properly administered in accordance with applicable statues to provide restitution to victims of crimes. NOW, THEREFORE, BE IT RESOLVED that the District Attorney of the County of Contra Costa is authorized to submit the an agreement to the VCGCB and is authorized to execute on behalf of the Board of Supervisors the Standard Agreement including any extensions or amendments thereof. 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 12, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: 4 1 July 12, 2016 Contra Costa County Board of Supervisors 920 July 12, 2016Contra Costa County Board of Supervisors921 RECOMMENDATION(S): APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to execute a contract with First Baptist Church of Pittsburg, California, including a modified indemnification language, in an amount not to exceed $343,264 to provide Early Head Start Program Enhancement and State General Childcare Development services for the term July 1, 2016 through June 30, 2017 FISCAL IMPACT: $109,920 Federal funds / CFDA # 93.600 (32%) Administration for Children and Families $233,344 State funds (68%) California Department of Education BACKGROUND: The Department, though the Community Services Bureau, manages a childcare operation that include Early Head Start and State APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/12/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I Supervisor Contact: CSB (925) 681-6346 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 12, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: Ericka Ramirez, Ressie Dayco, Haydee Ilan C.109 To:Board of Supervisors From:Kathy Gallagher, Employment & Human Services Director Date:July 12, 2016 Contra Costa County Subject:2016-17 First Baptist Early Head Start Enhancement & General Childcare Program July 12, 2016 Contra Costa County Board of Supervisors 922 BACKGROUND: (CONT'D) General Childcare Development programs. In order to reach a wider community, the Bureau sub-contracts with community based agencies to provide services. This contract is to further the reach of the above mentioned programs by providing 20 program slots for State General Childcare and 20 program slots for Early Head Start Program enhancement. CONSEQUENCE OF NEGATIVE ACTION: If not approved, County will not be able to more widely distribute childcare availability through partnership with community based agencies. 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. July 12, 2016 Contra Costa County Board of Supervisors 923 RECOMMENDATION(S): APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to execute a contract, including modified indemnification language, with Little Angels Country School LLC, in an amount not to exceed $243,493, to provide State Preschool services, for the term July 1, 2016 through June 30, 2017. FISCAL IMPACT: 100% State funds California Department of Education BACKGROUND: Contra Costa County receives funds from the Administration for Children and Families (ACF) to provide Head Start and Early Head Start services to program eligible County residents. Contra Costa also receives funds from California Department of Education (CDE) to provide State Preschool services to program eligible County residents. The State requires an indemnification clause with County subcontractors wherein the subcontractor holds harmless the State and its officers for any losses. In order to provide a wider distribution of services to County APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/12/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I Supervisor Contact: CSB (925) 681-6346 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 12, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: Ericka Ramirez, Ressie Dayco, Cassandra Youngblood C.108 To:Board of Supervisors From:Kathy Gallagher, Employment & Human Services Director Date:July 12, 2016 Contra Costa County Subject:2016-17 Little Angels Country School LLC State Preschool childcare contract July 12, 2016 Contra Costa County Board of Supervisors 924 BACKGROUND: (CONT'D) residents, the Department subcontracts with a number of community-based organizations. Approval of this contract will allow the provision of vital preschool and childcare services to program eligible children in East Contra Costa County. CONSEQUENCE OF NEGATIVE ACTION: If not approved, County will not be able to more widely distribute childcare availability through partnership with community based agencies. 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. July 12, 2016 Contra Costa County Board of Supervisors 925 RECOMMENDATION(S): APPROVE and AUTHORIZE the Employment & Human Services Director, or designee, to execute a contract with Martinez Early Childhood Center to provide Early Head Start and Head Start Program Enhancement services with a payment limit not to exceed $175,200 and term July 1, 2016 through June 30, 2017. FISCAL IMPACT: 100% Federal funds / CFDA 93.600 Grant source is Administration for Children and Families (Head Start Program). No County match. 38-483-13 BACKGROUND: Contra Costa County receives funds from the Administration for Children and Families (ACF) to provide Head Start program services to program eligible County residents. The Department, in turn, contracts with a number of community-based organizations to provide a wider distribution of services. This contract is to provide Early Head Start and Head Start program enhancement services to 56 children through this partnership. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/12/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I Supervisor Contact: CSB (925) 681-6346 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 12, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: Ericka Ramirez, Haydee Ilan, Cassandra Youngblood C.111 To:Board of Supervisors From:Kathy Gallagher, Employment & Human Services Director Date:July 12, 2016 Contra Costa County Subject:2016-17 Martinez Early Childhood Center childcare services contract July 12, 2016 Contra Costa County Board of Supervisors 926 CONSEQUENCE OF NEGATIVE ACTION: If not approved, County will not be able to more widely distribute childcare availability through partnership with community based agencies. 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. July 12, 2016 Contra Costa County Board of Supervisors 927 RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County, Novation Contract #74-376-7 with Center for Human Development, a non-profit corporation, in an amount not to exceed $136,990, to provide Mental Health Service Act (MHSA) Prevention and Early Intervention (PEI) Services for the period from July 1, 2016 through June 30, 2017. This Contract includes a six-month automatic extension through December 31, 2017, in an amount not to exceed $68,495. FISCAL IMPACT: This Contract is funded 100% MHSA. (3% Cost of Living Adjustment [COLA]) (Rate increase) 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: 07/12/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I Supervisor Contact: Cynthia Belon, 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 12, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: E Suisala, M Wilhelm C. 98 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:July 12, 2016 Contra Costa County Subject:Approval Novation Contract #74-376-7 with Center for Human Development July 12, 2016 Contra Costa County Board of Supervisors 928 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 August 18, 2015, the Board of Supervisors approved Novation Contract #74-376-6 with Center for Human Development for the provision of MHSA PEI services, for the period July 1, 2015 through June 30, 2016, which included a six-month automatic extension through December 31, 2016. Approval of Novation Contract #74-376-7 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, 2017. 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). July 12, 2016 Contra Costa County Board of Supervisors 929 RECOMMENDATION(S): APPROVE and AUTHORIZE the Purchasing Agent, on behalf of the Health Services Department, to execute a Blanket Purchase Order with Reliance Whole Sale, Inc. in the amount of $175,000 for IV and Pharmaceutical drugs and supplies to be used at the Contra Costa Regional Medical Center and Health Centers, for the period from August 1, 2016 through July 31, 2017. FISCAL IMPACT: 100% funding is included in the Hospital Enterprise Fund I Budget. BACKGROUND: Reliance Wholesale, Inc. is a pharmaceutical company that provides the Contra Costa Regional Medical Center and Health Centers with medications and pharmaceutical products unavailable through the contracted wholesaler, Cardinal, or the direct manufacturer of these products. CONSEQUENCE OF NEGATIVE ACTION: If this Purchase Order is not approved, we will not be able to take care of our patient population at the Contra Costa Regional Medical Center and Health Centers. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/12/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I Supervisor Contact: Anna Roth, 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 12, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: T Scott, M Wilhelm, Crystal Grayson C. 89 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:July 12, 2016 Contra Costa County Subject:Approve a Blanket Purchase Order with Reliance Whole Sale, Inc. July 12, 2016 Contra Costa County Board of Supervisors 930 CHILDREN'S IMPACT STATEMENT: Not applicable. July 12, 2016 Contra Costa County Board of Supervisors 931 RECOMMENDATION(S): APPROVE and AUTHORIZE the Purchasing Agent, on behalf of Health Services Department, to execute a Blanket Purchase Order with Roche Diagnostic Corporation, in an amount not to exceed $1,500,000 for reagents used in the Public Health (PH) Laboratory for the period from July 1, 2016 through June 30, 2019. FISCAL IMPACT: 100% Funding is included in the Enterprise Fund I Budget. BACKGROUND: Roche Diagnostic Corporation has been used by the Health Services Department for over twenty (20) years. Roche provides the reagents required for use with the testing instruments in our PH Laboratory. The reagents are necessary for specimens to be tested for viruses & bacteria such as Hepatitis B & C and HIV. Additionally, the Public Health Laboratory is required to use these specific reagents to keep us in compliance with our Instrument Maintenance Agreement. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/12/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I Supervisor Contact: Dan Peddycord, 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 12, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: Tasha Scott, M Wilhelm, Melody Hung-Fan C. 96 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:July 12, 2016 Contra Costa County Subject:Approve a Blanket Purchase Order with Roche Diagnostics Corporation July 12, 2016 Contra Costa County Board of Supervisors 932 CONSEQUENCE OF NEGATIVE ACTION: If this Blanket Purchase Order is not approved, the health care system would not be able to monitor the viral load of the patients as they are treated for the viruses noted above. The tests would then need to be conducted by outside labs at a greater cost to the county. PH Laboratory also uses the reagents purchased from Roche Diagnostics to conduct similar testing for the Alameda County AIDS Program which generates revenue for Contra Costa County and without the reagents, we would not be able to conduct the tests. CHILDREN'S IMPACT STATEMENT: Not applicable. July 12, 2016 Contra Costa County Board of Supervisors 933 RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute, on behalf of the County, Contract Amendment/Extension Agreement #23-559-2 with KPJ Consulting, LLC, a limited liability company, effective June 30, 2016, to amend Contract #23-559-1, to increase the payment limit by $75,000 from $273,000 to a new total of $348,000, and to extend the termination date from June 30, 2016 to June 30, 2017. FISCAL IMPACT: This amendment/extension is funded 100% Hospital Enterprise Fund I. (No rate increase) BACKGROUND: On June 9, 2015, the Board of Supervisors approved Contract #23-559-1 with KPJ Consulting, LLC, to provide consultation and technical assistance to the Department’s Information Systems Director on 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, 2016. Approval of Amendment/Extension #23-559-2 will allow the Contractor to continue providing consulting and technical support services through June 30, 2017. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/12/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I Supervisor Contact: David Runt, 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 12, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: J Pigg , M Wilhelm C.105 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:July 12, 2016 Contra Costa County Subject:Approve Amendment/Extension Agreement #23-559-2 with KPJ Consulting, LLC July 12, 2016 Contra Costa County Board of Supervisors 934 CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, the Department will not receive Contractor’s consultation and technical assistance on the technologies available through Electronic Medical Records Systems. CHILDREN'S IMPACT STATEMENT: Not applicable. July 12, 2016 Contra Costa County Board of Supervisors 935 RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute, on behalf of the County, Contract Amendment/Extension Agreement #23-455-9 with Xerox Consulting Company, Inc., a corporation, effective June 30, 2016, to amend Contract #23–455-8, to increase the payment limit by $600,000, from $1,233,000 to a new payment limit of $1,833,000 and to extend the termination date from June 30, 2016 to June 30, 2017. FISCAL IMPACT: This Amendment is 100% funded by Enterprise Fund I budget. (No rate increase) BACKGROUND: On July 26, 2015, the Board of Supervisors approved Contract #23–455-8 with Xerox Consulting Company, Inc., for the provision of professional consulting and technical support to the Department’s Health Services Information System with regards to the Electronic Health Records program, for the period from July 1, 2015 through June 30, 2016, including modifications to County’s standard indemnification clause and General Conditions. Approval of Amendment/Extension Agreement #23-455-9 will allow the Contractor to continue providing consulting and technical support services through June 30, 2017. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/12/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I Supervisor Contact: Patrick Godley 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 12, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: J Pigg , M Wilhelm C.106 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:July 12, 2016 Contra Costa County Subject:Approve Amendment/Extension #23-455-9 with Xerox Consulting Company, Inc. July 12, 2016 Contra Costa County Board of Supervisors 936 CONSEQUENCE OF NEGATIVE ACTION: If this amendment is not approved, County will not receive additional services from this Contractor. CHILDREN'S IMPACT STATEMENT: Not Applicable. July 12, 2016 Contra Costa County Board of Supervisors 937 RECOMMENDATION(S): APPROVE and AUTHORIZE the Purchasing Agent, on behalf of the Health Services Department, to execute a Blanket Purchase Order with Complete Imaging Systems, Inc. in the amount of $800,000 for the purchase of fax machines, printers, supplies, parts, ink cartridges, and all other items, including repairs of fax machines, printers, and other machines for the Contra Costa Regional Medical Center (CCRMC) and the Contra Costa Health Centers from August 1, 2016 through July 31, 2018. FISCAL IMPACT: 100% funding is included in Hospital Enterprises Fund I Budget. BACKGROUND: Complete Imaging Systems, Inc. has provided excellent pricing and outstanding service for all of the Health Services Department for many years. Fax machines and printers are crucial for the work of the Health Services Department and keeping them working is vital. CONSEQUENCE OF NEGATIVE ACTION: If this Blanket Purchase Order is not approved CCRMC and the Contra Costa Health Centers will be unable to keep their fax machines and printers running. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/12/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I Supervisor Contact: Anna Roth, 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 12, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: Tasha Scott, M Wilhelm, Crystal Grayson C. 88 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:July 12, 2016 Contra Costa County Subject:Approve Blanket Purchase Order with Complete Imaging Systems, Inc. July 12, 2016 Contra Costa County Board of Supervisors 938 CHILDREN'S IMPACT STATEMENT: Not applicable. July 12, 2016 Contra Costa County Board of Supervisors 939 RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County, Contract Amendment Agreement #23-571-1 with Blue Tree Network, Inc., a corporation, effective June 30, 2016, to amend Contract #23-571, to increase the payment limit by $400,000 from $100,000 to a new payment limit of $500,000, and to extend the termination date from June 30, 2016 to June 30, 2017. FISCAL IMPACT: This amendment is funded 100% by Enterprise Fund I. (No rate increase) BACKGROUND: In December 2015, the County Administrator approved and the Purchasing Services Manager executed Contract #23-571 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, 2016. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/12/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I Supervisor Contact: David Runt, 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 12, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: J Pigg , M Wilhelm C.104 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:July 12, 2016 Contra Costa County Subject:Approve Contract Amendment Agreement #23-571-1 with Blue Tree Network, Inc. July 12, 2016 Contra Costa County Board of Supervisors 940 BACKGROUND: (CONT'D) Approval of Contract Amendment Agreement #23-571-1 will allow the Contractor to continue providing consulting, technical support and training to the Health Services Information Director through June 30, 2017. 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. CHILDREN'S IMPACT STATEMENT: Not applicable. July 12, 2016 Contra Costa County Board of Supervisors 941 RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County, Contract Amendment Agreement #26-752-2 with Denis Mahar, M.D., an individual, effective July 1, 2016, to amend Contract #26-752 (as amended by Amendment Agreement #26-752-1) to increase the payment limit by $24,000 from $1,852,000 to a new payment limit of $1,876,000, with no change in the original term of October 1, 2013 through September 30, 2016. FISCAL IMPACT: This amendment is funded 100% by Enterprise Fund I. (No rate increase) BACKGROUND: On September 24, 2013, the Board of Supervisors approved Contract #26-752 (as amended by Amendment Agreement #26-752-1) with Denis Mahar, M.D., for the period from October 1, 2013 through September 30, 2016, for the provision of cardiology services including clinic coverage, consultation and on-call services and cardiology management services. Approval of Contract Amendment Agreement #26-752-2 will allow APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/12/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I Supervisor Contact: Samir Shah, M.D., 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 12, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: K Cyr, M Wilhelm C. 59 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:July 12, 2016 Contra Costa County Subject:Approve Contract Amendment Agreement #26-752-2 with Denis Mahar, M.D. July 12, 2016 Contra Costa County Board of Supervisors 942 BACKGROUND: (CONT'D) the Contractor to provide additional cardiology services while the Department recruits for an additional cardiologist at Contra Costa Regional Medical Center and Contra Costa Health Centers (CCRMC), through September 30, 2016. CONSEQUENCE OF NEGATIVE ACTION: If this amendment is not approved, patients requiring cardiology services at CCRMC will not have access to Contractor’s services. CHILDREN'S IMPACT STATEMENT: Not applicable. July 12, 2016 Contra Costa County Board of Supervisors 943 RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County, Contract Amendment Agreement #27-530-7 with Bay Area Surgical Specialists, effective July 1, 2016, to amend Contract #27-530-6 to increase the payment limit by $5,700,000, from $4,300,000 to a new payment limit of $10,000,000, with no change in the original term of July 1, 2015 through June 30, 2017. FISCAL IMPACT: This amendment is funded 100% by Contra Costa Health Plan Enterprise Fund II. (No rate increase) BACKGROUND: On July 7, 2015, the Board of Supervisors approved Contract #27-530-6 with Bay Area Surgical Specialists, Inc., a medical corporation, for the provision of general, thoracic, vascular and gastric bypass surgery services to Contra Costa Health Plan (CCHP) members for the period from July 1, 2015 through June 30, 2017. Approval of Contract Amendment Agreement #27-530-7 will allow the Contractor to provide additional Primary Care and Specialty Medical services through June 30, 2017. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/12/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I Supervisor Contact: Patricia Tanquary, 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 12, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: A Floyd, M Wilhelm C. 75 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:July 12, 2016 Contra Costa County Subject:Approve Contract Amendment Agreement #27-530-7 with Bay Area Surgical Specialists, Inc. July 12, 2016 Contra Costa County Board of Supervisors 944 CONSEQUENCE OF NEGATIVE ACTION: If this amendment 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. CHILDREN'S IMPACT STATEMENT: Not applicable. July 12, 2016 Contra Costa County Board of Supervisors 945 RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County, Contract Amendment Agreement #26-515-13 with Virtual Radiologic Professionals of California, a corporation, effective March 1, 2016, to amend Contract #26-515-11 (as amended by Amendment Agreement #26-515-12), to increase the payment limit by $84,500, from $400,000 to a new payment limit of $484,500, with no change in the original term of August 1, 2014 through July 31, 2016. FISCAL IMPACT: This amendment is funded 100% Hospital Enterprise Fund I. (No rate increase) BACKGROUND: On September 23, 2014, the Board of Supervisors approved Contract #26-515-11 (as amended by Amendment Agreement #26-515-12) with Virtual Radiologic Professionals of California, for the provision of teleradiology services at Contra Costa Regional Medical Center and Health Centers, for the period from August 1, 2014 through July 31, 2016. At the time of negotiations, the payment limit was based on target levels of utilization; however, the utilization during the term APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/12/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I 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 12, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: K Cyr, M Wilhelm C. 73 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:July 12, 2016 Contra Costa County Subject:Approve Contract Amendment #26-515-13 with Virtual Radiologic Professionals of California July 12, 2016 Contra Costa County Board of Supervisors 946 BACKGROUND: (CONT'D) of the agreement was higher than originally anticipated. Approval of Contract Amendment Agreement #26-515-13 will allow the Contractor to provide additional teleradiology services through July 31, 2016. CONSEQUENCE OF NEGATIVE ACTION: If this amendment is not approved, Contractor will not be paid for additional teleradiology services provided to the County in good faith. CHILDREN'S IMPACT STATEMENT: Not applicable. July 12, 2016 Contra Costa County Board of Supervisors 947 RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute, on behalf of the County, Contract Amendment Agreement #26-782-4 with Muhammad Raees, M.D., an individual, effective December 1, 2015, to amend Contract #26-782-3, to modify the payment provisions to increase pulmonary services with no increase in the contract payment limit of $200,000 and with no change in the original term of September 1, 2014 through August 31, 2016. FISCAL IMPACT: This amendment is funded 100% Hospital Enterprise Fund I. (Rate increase due to additional pulmonary services provided, including pulmonary stress test) BACKGROUND: On September 15, 2015, the Board of Supervisors approved Contract #26-782-3 with Muhammad Raees, M.D. for the provision of pulmonary services including but not limited to, clinic coverage, consultation, critical care, administrative services, meeting attendance, and training at Contra Costa Regional Medical and Health Centers (CCRMC) for the period from September 1, 2015 APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/12/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I 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 12, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: K Cyr, M Wilhelm C. 84 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:July 12, 2016 Contra Costa County Subject:Approve Contract Amendment #26-782-4 with Muhammad Raees, M.D. July 12, 2016 Contra Costa County Board of Supervisors 948 BACKGROUND: (CONT'D) through August 31, 2016. The Division requested, and the Contractor agreed, to provide additional pulmonary procedures including, but not limited to pulmonary stress testing and bronchospasm evaluation, in response to an increase in patient care requests due to long wait lists, increasing wait times, and limited community resources for external referral. CONSEQUENCE OF NEGATIVE ACTION: If this amendment is not approved, the Contractor will not provide additional pulmonary services. CHILDREN'S IMPACT STATEMENT: Not applicable. July 12, 2016 Contra Costa County Board of Supervisors 949 RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute, on behalf of the County, Contract Amendment/Extension Agreement #23-326-15 with Aspira Technologies, Inc., a corporation, effective June 30, 2016, to amend Contract #23-326-12 (as amended by Amendment #23-236-13 and Extension #23-326-14), to increase the contract payment limit by $350,000 from $865,000 to a new payment limit of $1,215,000 and extend the termination date from June 30, 2016 to June 30, 2018. FISCAL IMPACT: This Amendment is funded 100% Hospital Enterprise Fund I. (No rate increase) BACKGROUND: On November 5, 2013, the Board of Supervisors approved Contract #23-326-12 (as amended by Amendment #23-236-13 and Extension #23-326-14) with Aspira Technologies, Inc., for the provision of consulting and technical assistance to the Department’s Information Systems Unit, for the period from December 1, 2013 through June 30, 2016. Approval of Contract Amendment/Extension Agreement #23-326-15 will allow the Contractor to continue providing consulting and technical assistance through June 30, 2018. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/12/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I 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 12, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: J Pigg, M Wilhelm C.107 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:July 12, 2016 Contra Costa County Subject:Approve Contract Amendment/Extension #23-326-15 with Aspira Technologies, Inc. July 12, 2016 Contra Costa County Board of Supervisors 950 CONSEQUENCE OF NEGATIVE ACTION: If this extension is not approved, the County will not have access to Contractor’s expertise with regard to complex clinic software applications and interfaces for the Health Services Department’s Information Systems Unit. CHILDREN'S IMPACT STATEMENT: Not applicable. July 12, 2016 Contra Costa County Board of Supervisors 951 RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County, Contract Amendment/Extension Agreement #23-475-5 with K.B.R., Inc. (dba Rash Curtis & Associates), a corporation, effective June 30, 2016, to amend Contract #23-475-3 (as amended by Contract Amendment Agreement #23-475-4), to increase the payment limit by $400,000 from $1,100,000, to a new payment limit of $1,500,000, and extend the termination date from June 30, 2016 to June 30, 2017. FISCAL IMPACT: This Amendment is funded 100% Hospital Enterprise Fund I. (No rate increase) BACKGROUND: On August 5, 2014, the Board of Supervisors approved Contract #23-475-3 (as amended by Contract Amendment Agreement #23-475-4), with K.B.R., Inc. (dba Rash Curtis & Associates), for the provision of debt collection services, for the period from July 1, 2014 through June 30, 2016. Approval of Contract Amendment/Extension Agreement #23-475-5 will allow the Contractor to provide additional debt collection services for unpaid accounts through June 30, 2017. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/12/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I Supervisor Contact: William Walker, M.D. 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 12, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: A Floyd, M Wilhelm C. 78 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:July 12, 2016 Contra Costa County Subject:Approve Contract Amendment/Extension #23-475-5 with K.B.R., Inc. (dba Rash Curtis & Associates) July 12, 2016 Contra Costa County Board of Supervisors 952 CONSEQUENCE OF NEGATIVE ACTION: If this amendment is not approved, Contractor will not continue providing debt collection services. CHILDREN'S IMPACT STATEMENT: Not applicable. July 12, 2016 Contra Costa County Board of Supervisors 953 RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County, Contract Amendment/Extension Agreement #23-545-3 with Syntrix Consulting Group, LLC, a limited liability company, effective June 30, 2016, to amend Contract #23-545-2 to increase the payment limit by $128,000 from $264,000 to a new payment limit of $392,000, and extend the termination date from June 30, 2016 to June 30, 2017. FISCAL IMPACT: This Amendment is funded 100% Hospital Enterprise Fund I. (No rate increase) BACKGROUND: On June 9, 2015, the Board of Supervisors approved Contract #23-545-2, with Syntrix Consulting Group, LLC for the provision of consulting with respect to data analytics and reporting for the period from July 1, 2015 through June 30, 2016. Approval of Contract Amendment/Extension Agreement #23-545-3 will allow the Contractor to continue providing services through June 30, 2017. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/12/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I Supervisor Contact: David Runt, 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 12, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: Tasha Scott, M Wilhelm C. 94 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:July 12, 2016 Contra Costa County Subject:Approve Contract Amendment/Extension #23-545-3 with Syntrix Consulting Group, LLC July 12, 2016 Contra Costa County Board of Supervisors 954 CONSEQUENCE OF NEGATIVE ACTION: If this amendment is not approved, Contractor will not continue providing data analytics and reporting for the Departments’ Information Systems Unit. CHILDREN'S IMPACT STATEMENT: Not applicable. July 12, 2016 Contra Costa County Board of Supervisors 955 RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County, Contract Amendment/Extension Agreement #23-574-1 with Chenoa Information Services, Inc., a corporation, effective June 30, 2016, to amend Contract #23-545-2, to increase the payment limit by $100,000 from $100,000 to a new payment limit of $200,000 and extend the termination date from June 30, 2016 to June 30, 2017. FISCAL IMPACT: This Amendment is funded 100% Hospital Enterprise Fund I. (No rate increase) BACKGROUND: In August 2015, the Board of Supervisors approved Contract #23-574 with Chenoa Information Services, Inc., for recruitment for the Information Systems Unit for the Health Services Department, for the period from August 1, 2015 through June 30, 2016. Approval of Contract Amendment/Extension Agreement #23-574-1 will allow the Contractor to continue providing services through June 30, 2017. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/12/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I Supervisor Contact: David Runt, 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 12, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: Tasha Scott, M Wilhelm C. 93 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:July 12, 2016 Contra Costa County Subject:Approve Contract Amendment/Extension #23-574-1 with Chenoa Information Services, Inc. July 12, 2016 Contra Costa County Board of Supervisors 956 CONSEQUENCE OF NEGATIVE ACTION: If this amendment is not approved, Contractor will not continue providing recruitment services and positions would remain vacant in the Departments’ Information Systems Unit. CHILDREN'S IMPACT STATEMENT: Not applicable. July 12, 2016 Contra Costa County Board of Supervisors 957 RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County, Contract Extension Agreement #27-277-19 with Kaiser Foundation Health Plan, Inc., a non-profit corporation, to extend the termination date from June 30, 2016 to September 30, 2016, with no change in the Contract Payment Limit of $150,000,000. FISCAL IMPACT: This Contract is funded 100% Contra Costa Health Plan Enterprise Fund II. (No rate increase) BACKGROUND: On September 15, 2015, the Board of Supervisors approved Contract #27-277-18, with Kaiser Foundation Health Plan, Inc., for the provision of health care services for Medi-Cal recipients enrolled in the Kaiser Foundation Health Plan, for the period from July 1, 2015 through June 30, 2016. Approval of Contract Extension Agreement #27-277-19 will allow the Contractor to continue providing health care services for Medi-Cal recipients enrolled in the Kaiser Foundation Health Plan through September 30, 2016. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/12/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I Supervisor Contact: Patricia Tanquary 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 12, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: A Floyd, M Wilhelm C. 82 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:July 12, 2016 Contra Costa County Subject:Approve Contract Extension Agreement #27-277-19 with Kaiser Foundation Health Plan, Inc. July 12, 2016 Contra Costa County Board of Supervisors 958 CONSEQUENCE OF NEGATIVE ACTION: If this extension is not approved, Contractor will not continue to provide health care services for Medi-Cal members enrolled in the Kaiser Foundation Health Plan. CHILDREN'S IMPACT STATEMENT: Not Applicable July 12, 2016 Contra Costa County Board of Supervisors 959 RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County, Contract #22–806–25 with Public Health Foundation Enterprises, Inc., a non-profit corporation, in an amount not to exceed $1,324,880, to provide consulting and technical assistance on community health promotion for the County’s Community Education and Information Unit and Emergency Medical Services Unit, for the period from July 1, 2016 through June 30, 2017. FISCAL IMPACT: This Contract is funded 99% Center for Disease Control, and 1% budgeted County funds. (No rate increase) BACKGROUND: This Contract meets the social needs of County’s population by providing organization services for the Public Health’s Health Emergency Unit and Health Services Emergency Medical Service Unit. Services provided by this Contract also include leadership and public health advocacy training. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/12/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I Supervisor Contact: Dan Peddycord, 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 12, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: D MORGAN , M WILHELM C. 60 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:July 12, 2016 Contra Costa County Subject:Approve Contract #22–806–25 with Public Health Foundation Enterprises, Inc. July 12, 2016 Contra Costa County Board of Supervisors 960 BACKGROUND: (CONT'D) On July 7, 2015, the Board of Supervisors approved Contract #22–806–24 with Public Health Foundation Enterprises, Inc., for the period from July 1, 2015 through June 30, 2016, for the provision of consulting and technical assistance on community health promotion. Approval of Contract #22–806–25 will allow the Contractor to continue providing services through June 30, 2017. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, County residents who depend on services from the Public Health Emergency Unit and Health Services Emergency Medical Service Unit may not receive the services they need. CHILDREN'S IMPACT STATEMENT: Not Applicable. July 12, 2016 Contra Costa County Board of Supervisors 961 RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute, on behalf of the County, Contract #23-074-38 with Foley & Lardner, LLP, a Limited Liability Partnership, in an amount not to exceed $975,000, for the provision of legal services related to Medi-Cal audit appeals and other Contra Costa Health Plan appeals, report issues, and authorized litigation issues, for the period from July 1, 2016 through June 30, 2017. FISCAL IMPACT: This Contract is funded 100% by Hospital Enterprise I Fund included the Health Services Department's budget. (No rate increase) BACKGROUND: Since 1985, this Contractor, which specializes in health care law, has been providing legal services in the form of consultation, research, opinion, advice and representation for the Health Services Director with regard to Medi-Cal audit appeals and other Contra Costa Health Plan appeals, report issues, and authorized litigation issues. On July 21, 2015, the Board of Supervisors approved Contract #23-074-37 APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/12/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I Supervisor Contact: Pat Godley, 957-5140 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 12, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: Tasha Scott, M Wilhelm, K Andrus C. 91 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:July 12, 2016 Contra Costa County Subject:Approve Contract #23-074-38 with Foley & Lardner, LLP July 12, 2016 Contra Costa County Board of Supervisors 962 BACKGROUND: (CONT'D) with Foley & Lardner, LLP, for the period from July 1, 2015 through June 30, 2016, for the provision of temporary legal services with regard to Medi-Cal audit appeals and other authorized litigation issues. Approval of Contract #23-074-38 will allow the Contractor to continue to provide specialized legal services, as requested by the Health Services Director, through June 30, 2017. This contract includes modifications to County’s standard contract provisions regarding Failure to Perform, Disputes, Insurance, Copyrights and Rights in Data, Records and Notices of the General Conditions, and includes mutual indemnification. Any litigation filed on behalf of the County will be supervised by the County Counsel’s Office. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, the County will not be able to receive specialized legal services with regard to Medi-Cal audit appeals and other Departmental Health Plan appeals, report issues, and authorized litigation issues. CHILDREN'S IMPACT STATEMENT: Not applicable. July 12, 2016 Contra Costa County Board of Supervisors 963 RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County, Contract #25-071-2 with Public Health Foundation Enterprises, Inc., a non-profit corporation, in an amount not to exceed $4,643,573 to provide shelter, coordinated entry, outreach and permanent supportive housing programs for homeless youth and adults in Contra Costa County, for the period from July 1, 2016 through June 30, 2017. FISCAL IMPACT: This Contract is funded 30% Federal funds, 47% State Funds, 20% Local grants including Contra Costa Employment and Human Services Department, Housing Authority of Contra Costa County, and 3% County General Fund. BACKGROUND: On April 14, 2015, the Board of Supervisors approved Contract #25-071 (as amended by Contract Amendment Agreement #25-071-1) with Public Health Foundation Enterprises, Inc., for the period from April 1, 2015 through June 30, 2016, for the provision of a shelter and a transitional and permanent supportive housing program for homeless youth and adults in Contra Costa County. Approval of Contract #25-071-2 will allow the Contractor to continue providing supportive housing services through June 30, 2017. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/12/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I Supervisor Contact: Cynthia Belon, 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 12, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: A Floyd , M Wilhelm C. 79 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:July 12, 2016 Contra Costa County Subject:Approve Contract #25–071-2 with Public Health Foundation Enterprises, Inc. July 12, 2016 Contra Costa County Board of Supervisors 964 CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, the County’s homeless clients will experience longer wait times for shelter and respite services. CHILDREN'S IMPACT STATEMENT: Not Applicable July 12, 2016 Contra Costa County Board of Supervisors 965 RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County, Contract #26-539-4 with RecordXpress of California, LLC, in an amount not to exceed $1,440,000, to provide off-site storage, retrieval, destruction and management of documents and records for Contra Costa Regional Medical Center (CCRMC) and other designated Health Services Department Divisions for the period from August 1, 2016 through June 30, 2019. FISCAL IMPACT: This Contract is funded 100% by Hospital Enterprise Fund I. (Rate increase) BACKGROUND: Contra Costa County Health Services Department requires document storage and management services for patient medical records and other Department documents. Contractor provides 24 hours per day, 7 days per week pick-up and retrieval services, management of the storage process, retrieval, and re-file of all hard-copy and radiological records, as well as secured destruction of records held in storage. On APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/12/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I Supervisor Contact: Anna Roth, 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 12, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: Tasha Scott, M Wilhelm C. 92 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:July 12, 2016 Contra Costa County Subject:Approve Contract #26-539-4 with RecordXpress of California, LLC July 12, 2016 Contra Costa County Board of Supervisors 966 BACKGROUND: (CONT'D) September 17, 2013, the Board of Supervisors approved Contract #26-539-3 with RecordXpress of California, LLC for the provision of off-site storage, retrieval, destruction and document management for services for CCRMC and other Health Services Divisions, for the period from August 1, 2013 through July 31, 2016. This Contract includes modifications to County’s standard General Conditions and Indemnification language. Approval of Contract #26-539-4 will allow Contractor to continue providing document storage and management services through June 30, 2019. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, County’s Health Services Department will not have access to document storage and retrieval services, including patient records. CHILDREN'S IMPACT STATEMENT: Not applicable. July 12, 2016 Contra Costa County Board of Supervisors 967 RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County, Contract #72-026-7 with Capuchino Therapy Group (formerly ISIS Healthcare Services, Inc.), a corporation, in an amount not to exceed $200,000 to provide Physical and Occupational Therapists at the County’s Public Health California Children’s Service (CCS) Program, Medical Therapy Units (MTU) sites for the period from July 1, 2016 through June 30, 2017. FISCAL IMPACT: This Contract is funded 50% State of California Children’s Services Funds and 50% County Funds. (No rate increase) BACKGROUND: On July 7, 2015, the Board of Supervisors approved Contract #72-026-6 with Capuchino Therapy Group (formerly ISIS Healthcare Services, Inc.) for the provision of temporary physical and occupational therapists to fill staff vacancies during peak loads, temporary absences, and emergency situations, for the period from July 1, 2015 through June 30, 2016. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/12/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I Supervisor Contact: Dan Peddycord, 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 12, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: D Morgan, M Wilhelm C. 66 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:July 12, 2016 Contra Costa County Subject:Approve Contract #72-026-7 with Capuchino Therapy Group July 12, 2016 Contra Costa County Board of Supervisors 968 BACKGROUND: (CONT'D) Approval of Contract #72-026-7 will allow Capuchino Therapy Group to continue to provide temporary physical and occupational therapists at County’s Public Health CCS Program, MTU sites through June 30, 2017, including changes to County’s Standard General Condition paragraph, 19. Insurance. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, patients requiring physical and occupational therapists at County’s Public Health CCS, Program, MTU sites, will not have access to Contractor’s services, which may result in a reduction in the overall 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). July 12, 2016 Contra Costa County Board of Supervisors 969 RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County, Contract #74-513-1 with Portia Bell Hume Behavioral Health and Training Center, a corporation, in an amount not to exceed $1,385,556 to provide comprehensive case management services to adults suffering from serious mental illness for the period from July 1, 2016 through June 30, 2017. FISCAL IMPACT: This Contract is funded 50% Federal Medi-Cal; 50% Mental Health Realignment. (3% Cost of Living Adjustment [COLA]) (rate increase) BACKGROUND: This Contract meets the social needs of the County’s population by providing Mental Health Services Act Community Services and Support Program, including outpatient mental health services, case management, crisis intervention, and other mental health services to eligible adult clients in West Contra Costa County. On March 1, 2016, the Board of Supervisors approved Contract #74-513 with Portia Bell Hume Behavioral Health and Training Center, a corporation, for the period from March 1, 2016 through APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/12/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I Supervisor Contact: Cynthia Belon, 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 12, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: A Floyd , M Wilhelm C. 76 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:July 12, 2016 Contra Costa County Subject:Approve Contract #74-513-1 with Portia Bell Hume Behavioral Health and Training Center July 12, 2016 Contra Costa County Board of Supervisors 970 BACKGROUND: (CONT'D) June 30, 2016, for the provision of comprehensive case management services to adults suffering from serious mental illness. Approval of Contract Amendment Agreement #74-513-1 will allow Contractor to continue to provide services through June 30, 2017. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, clients in West Contra Costa County will not receive Case Management health services from this Contractor. CHILDREN'S IMPACT STATEMENT: Not applicable. July 12, 2016 Contra Costa County Board of Supervisors 971 RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County, Contract #76-544 with Dayana Carcamo-Molina, M.D., an individual, in an amount not to exceed $1,620,000, to provide gastroenterology services at Contra Costa Regional Medical Center and Health Centers (CCRMC) for the period from August 1, 2016 through July 31, 2019. FISCAL IMPACT: This Contract is funded 100% Hospital Enterprise Fund I. BACKGROUND: Under Contract #76-544 the Contractor will provide gastroenterology services including but not limited to, clinic coverage, consultation, on-call coverage, training and medical procedures at CCRMC for the period from August 1, 2016 through July 31, 2019. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, patients requiring gastroenterology services at CCRMC will not have access to Contractor’s services. CHILDREN'S IMPACT STATEMENT: Not applicable. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/12/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I 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 12, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: K Cyr, M Wilhelm C. 80 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:July 12, 2016 Contra Costa County Subject:Approve Contract #76-544 with Dayana Carcamo-Molina, M.D. July 12, 2016 Contra Costa County Board of Supervisors 972 RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County, Contract #76-549 with Yana Wirengard, M.D., an individual, in an amount not to exceed $400,000 to provide general surgery services at Contra Costa Regional Medical Center and Contra Costa Health Centers (CCRMC), for the period from July 1, 2016 through June 30, 2017. FISCAL IMPACT: This Contract is funded 100% Hospital Enterprise Fund I. BACKGROUND: Under Contract #76-549, the Contractor will provide general surgery services, including clinic coverage, surgical procedures, on-call and administrative support services, through June 30, 2017. 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. CHILDREN'S IMPACT STATEMENT: Not applicable. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/12/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I Supervisor Contact: Samir Shah, 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 12, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: K Cyr, M Wilhelm C. 81 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:July 12, 2016 Contra Costa County Subject:Approve Contract #76-549 with Yana Wirengard, M.D. July 12, 2016 Contra Costa County Board of Supervisors 973 RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County, Novation Contract #24–928–25 with Fred Finch Youth Center, a non-profit corporation, in an amount not to exceed $1,256,714, to provide school and community based mental health services to adolescent children, including therapeutic behavioral services (TBS), for the period from July 1, 2016 through June 30, 2017. This Contract includes a six-month automatic extension through December 31, 2017, in an amount not to exceed $628,357. FISCAL IMPACT: This Contract is funded 49% Federal Financial Participation, 50% Mental Health Realignment and 1% by Mt. Diablo Unified School District. (No rate increase) BACKGROUND: This Contract meets the social needs of the County’s population by providing school and community based mental health services including assessments, individual, group and family therapy, medication support, case management, outreach, TBS and crisis intervention services for Seriously Emotionally Disturbed (SED) middle and high school aged children and their families. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/12/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I Supervisor Contact: Cynthia Belon, 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 12, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: D Morgan, M Wilhelm C. 74 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:July 12, 2016 Contra Costa County Subject:Approve Novation Contract #24–928–25 with Fred Finch Youth Center July 12, 2016 Contra Costa County Board of Supervisors 974 BACKGROUND: (CONT'D) On September 15, 2015, the Board of Supervisors approved Novation Contract #24-928-24 with Fred Finch Youth Center, for the period from July 1, 2015 through June 30, 2016, which included a six-month automatic extension through December 31, 2016, for the provision of school-based day treatment and mental health services for students in the Mt. Diablo Unified School District. Approval of Novation Contract #24–928–25 replaces the automatic extension under the prior Contract and allows the Contractor to continue providing services through June 30, 2017. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, SED children within the Mt. Diablo Unified School District will not receive the school-based day treatment and mental health services that they need and may require higher and more costly levels of treatment. CHILDREN'S IMPACT STATEMENT: This EPSDT 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). July 12, 2016 Contra Costa County Board of Supervisors 975 RECOMMENDATION(S): Approve and authorize the Health Services Director, or his designee, to execute, on behalf of the County, Novation Contract #28–541–23 with the City of Richmond, for its Recreation and Parks Department, a political subdivision of the State of California, to provide congregate meal services for the County’s Senior Nutrition Program for the period from July 1, 2016 through June 30, 2017. This Contract includes a three-month automatic extension through September 30, 2017. FISCAL IMPACT: The Agency will pay County the voluntary contributions it receives from participating seniors, after it has paid its authorized expenses. No County funds are required. BACKGROUND: This Contract meets the social needs of the County’s population by providing an average of fifty-five (55) congregate meals per day, five days per week, for senior citizens at its Congregate Senior Nutrition site in APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/12/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I Supervisor Contact: Dan Peddycord, 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 12, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: D Morgan, M WILHELM C. 87 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:July 12, 2016 Contra Costa County Subject:Approve Novation Contract #28–541–23 with the City of Richmond for its Recreation and Parks Department July 12, 2016 Contra Costa County Board of Supervisors 976 BACKGROUND: (CONT'D) Richmond. On September 22, 2015, the Board of Supervisors approved Novation Contract #28–541–22 with the City of Richmond, for its Recreation and Parks Department, for the period from July 1, 2015 through June 30, 2016, which included a three-month automatic extension through September 30, 2016, for the provision of congregate meal services for the County’s Senior Nutrition Program. Approval of Novation Contract #28–541–23 replaces the automatic extension under the prior Contract and allows Agency to continue providing services through June 30, 2017. This Contract includes modifications to County’s standard General Conditions and agrees to hold each party harmless from any claims arising out of the performance of this Contract. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, senior citizens who depend on the County’s Senior Nutrition Program will not receive meals at Contractor’s facility. CHILDREN'S IMPACT STATEMENT: Not Applicable July 12, 2016 Contra Costa County Board of Supervisors 977 RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County, Novation Contract #74-031-22 with Summitview Child and Family Services, Inc., a non-profit corporation, in an amount not to exceed $154,500, to provide rehabilitative day treatment, medication support, mental health treatment, and therapeutic behavioral services for seriously emotionally disturbed (SED) adolescents, for the period from July 1, 2016 through June 30, 2017. This Contract includes a six-month automatic extension through December 31, 2017, in an amount not to exceed $77,250. FISCAL IMPACT: This Contract is funded 50% Federal Financial Participation and 50% Mental Health Realignment. (No rate increase) APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/12/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I Supervisor Contact: Cynthia Belon, 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 12, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: D Morgan, M Wilhelm C. 70 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:July 12, 2016 Contra Costa County Subject:Approve Novation Contract #74-031-22 with Summitview Child and Family Services, Inc. July 12, 2016 Contra Costa County Board of Supervisors 978 BACKGROUND: This Contract meets the social needs of the County’s population by providing residential day treatment services including: rehabilitative day treatment, medication support, and other mental health services to Medi-Cal eligible, SED adolescents. On November 17, 2015, the Board of Supervisors approved Novation Contract #74-031-21 with Summitview Child and Family Services, Inc., for the period from July 1, 2015 through June 30, 2016, which included a six-month automatic extension through December 31, 2016, for the provision of rehabilitative day treatment, medication support, mental health treatment, and therapeutic behavioral services. Approval of Novation Contract #74-031-22 replaces the automatic extension under the prior Contract and allows the Contractor to continue providing services, through June 30, 2017. 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). July 12, 2016 Contra Costa County Board of Supervisors 979 RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County, Novation Contract #74-249-14 with Catholic Charities CYO of the Archdiocese of San Francisco, a non-profit corporation, in an amount not to exceed $333,720, to provide Therapeutic Behavioral Services (TBS) for Seriously Emotionally Disturbed (SED) children at its St. Vincent’s School for Boys for the period from July 1, 2016 through June 30, 2017. This Contract includes a six-month automatic extension through December 31, 2017, in an amount not to exceed $166,860. FISCAL IMPACT: This Contract is funded 50% Federal Financial Participation; 50% Mental Health Realignment. (3% Cost of Living Adjustment [COLA]) (Rate increase) BACKGROUND: This Contract meets the social needs of County’s population in that it provides day treatment and TBS services to SED children to reduce the need for hospitalization and/or other higher levels of care. On December 8, 2015, the Board of Supervisors approved Novation Contract #74-249-13 with Catholic APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/12/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I Supervisor Contact: Cynthia Belon, 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 12, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: E Suisala, M Wilhelm C.103 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:July 12, 2016 Contra Costa County Subject:Approve Novation Contract #74-249-14 with Catholic Charities CYO of the Archdiocese of San Francisco July 12, 2016 Contra Costa County Board of Supervisors 980 BACKGROUND: (CONT'D) Charities CYO of the Archdiocese of San Francisco, for the period from July 1, 2015 through June 30, 2016, which included a six-month automatic extension through December 31, 2016, for the provision of day treatment, mental health services, medication support and TBS for SED children at its St. Vincent’s School for Boys. Approval of Novation Contract #74-249-14 replaces the automatic extension under the prior Contract and allows the Contractor to continue providing services through June 30, 2017. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, there will be fewer residential facilities to provide residential and outpatient programs for seriously emotionally disturbed youth as the County solicits and engages an alternate 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). July 12, 2016 Contra Costa County Board of Supervisors 981 RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County, Novation Contract #74-321-10 with Bay Area Community Resources, Inc., a non-profit corporation, in an amount not to exceed $1,469,770, to provide school-based mental health services to Seriously Emotionally Disturbed (SED) students for the period from July 1, 2016 through June 30, 2017. This Contract includes a six-month automatic extension through December 31, 2017, in an amount not to exceed $734,885. FISCAL IMPACT: This Contract is funded 50% Federal Financial Participation; 50% Mental Health Realignment. (3% Cost of Living Adjustment [COLA]) (Rate increase) BACKGROUND: This Contract meets the social needs of the County’s population by providing school-based mental health services to County-designated SED elementary school, middle school and high school students within the West Contra Costa Unified School District, and their families. On November 17, 2015, the Board of Supervisors approved Novation Contract #74-321-9 with Bay Area Community Resources, Inc., for APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/12/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I Supervisor Contact: Cynthia Belon, 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 12, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: A Floyd , M Wilhelm C. 77 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:July 12, 2016 Contra Costa County Subject:Approve Novation Contract #74-321-10 with Bay Area Community Resources Inc. July 12, 2016 Contra Costa County Board of Supervisors 982 BACKGROUND: (CONT'D) the period from July 1, 2015 through June 30, 2016, which included a six-month automatic extension through December 31, 2016, for the provision of school-based mental health services for SED students. Approval of Novation Contract #74-321-10 replaces the automatic extension under the prior Contract, allowing the Contractor to continue providing services through June 30, 2017. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, there will be fewer school-based mental health services available to SED students and their families possibly resulting in the need for 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). July 12, 2016 Contra Costa County Board of Supervisors 983 RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County, Novation Contract #74-353-7 with Lifelong Medical Care, a non-profit corporation, in an amount not to exceed $123,279, to provide Mental Health Services Act (MHSA) Prevention and Early Intervention (PEI) services for the period from July 1, 2016 through June 30, 2017. This Contract includes a six-month automatic extension through December 31, 2017, in an amount not to exceed $61,639. FISCAL IMPACT: This Contract is funded 100% Mental Health Services Act. (Rate increase) BACKGROUND: This Contract meets the social needs of the 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 7, 2015, the Board of Supervisors approved Contract #74–353-6 with Lifelong Medical Care, for the period from July APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/12/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I Supervisor Contact: Cynthia Belon, 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 12, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: D Morgan, M Wilhelm C. 83 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:July 12, 2016 Contra Costa County Subject:Approve Novation Contract #74-353-7 with Lifelong Medical Care July 12, 2016 Contra Costa County Board of Supervisors 984 BACKGROUND: (CONT'D) 1, 2015 through June 30, 2016, which included a six-month automatic extension through December 31, 2016 for the provision of MHSA PEI services. Approval of Novation Contract #74–353–7 replaces the automatic extension under the prior Contract and allows the Contractor to continue providing services through June 30, 2017. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, older adults isolated in West Contra Costa County will receive fewer resources available for social engagement and linkage to mental health and social services. CHILDREN'S IMPACT STATEMENT: Not Applicable July 12, 2016 Contra Costa County Board of Supervisors 985 RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County, Novation Contract #74–304-9 with Fred Finch Youth Center, a non-profit corporation, in an amount not to exceed $4,409,838 to provide Mental Health Services Act (MHSA) Community Services and Supports Program for the period from July 1, 2016 through June 30, 2019. FISCAL IMPACT: This Contract is funded 39% Federal Medi-Cal; 61% Mental Health Services Act (Prop 63). (3% Cost of Living Adjustment [COLA]) (rate increase) BACKGROUND: This Novation Contract meets the social needs of the County’s population by providing implementation of MHSA Community Services and Supports Program, including providing community-based services, personal services coordination, medication support, crisis intervention, and other mental health services to eligible youth clients in Contra Costa County. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/12/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I Supervisor Contact: Cynthia Belon, 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 12, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: E Suisala, M Wilhelm C.100 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:July 12, 2016 Contra Costa County Subject:Approve Novation Contract #74–304-9 with Fred Finch Youth Center July 12, 2016 Contra Costa County Board of Supervisors 986 BACKGROUND: (CONT'D) On October 6, 2015, the Board of Supervisors approved Novation Contract #74–304-8 with Fred Finch Youth Center for the period from July 1, 2015 through June 30, 2016, which included a six-month automatic extension through December 31, 2016, to provide implementation of the MHSA Community Services and Supports Program . Approval of Novation Contract #74-304-9 replaces the automatic extension under the prior contract and allows Contractor to continue providing services through June 30, 2019. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, effective implementation of the MHSA Transitional-aged youth services and support programs will be delayed leading to reduced level of services for County’s mental health clients. 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). July 12, 2016 Contra Costa County Board of Supervisors 987 RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County, Novation Contract #74–362–7 with STAND! For Families Free of Violence, a non-profit corporation, in an amount not to exceed $126,415 to provide Mental Health Services Act (MHSA) Prevention and Early Intervention (PEI) services for the period from July 1, 2016 through June 30, 2017. This Contract includes a six-month automatic extension through December 31, 2017 in an amount not to exceed $63,207. FISCAL IMPACT: This Contract is funded 100% Proposition 63/MHSA. (3% Cost of Living Adjustment [COLA]) (Rate increase) BACKGROUND: This Contract meets the social needs of County’s population by providing two evidence-based, best-practice programs; “Expect Respect” and “You Never Win with Violence" at school sites in the County to directly affect the behaviors of youth (preventing future violence) and enhance mental health outcomes for students already experiencing teen dating violence. On August 18, 2015, the Board of Supervisors approved Contract #74–362-6 with STAND! For Families Free of Violence for the period from July 1, 2015 through June 30, 2016, APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/12/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I 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 12, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: K Cyr, M Wilhelm C. 67 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:July 12, 2016 Contra Costa County Subject:Approve Novation Contract #74–362–7 with STAND! For Families Free of Violence July 12, 2016 Contra Costa County Board of Supervisors 988 BACKGROUND: (CONT'D) for the provision of MHSA PEI services, which included a six-month automatic extension through December 31, 2016 . Approval of Novation Contract #74–362–7 replaces the automatic extension under the prior Contract and allows the Contractor to continue providing services through June 30, 2017. 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 increased 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. July 12, 2016 Contra Costa County Board of Supervisors 989 RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County, Novation Contract #74–379–7 with People Who Care Children Association, a non-profit corporation, in an amount not to exceed $209,702, to provide Mental Health Services Act (MHSA) prevention and early intervention services for the period from July 1, 2016 through June 30, 2017. This Contract includes a six month automatic extension through December 31, 2016 in an amount not to exceed $104,851. FISCAL IMPACT: This Contract is funded 100% Mental Health Services Act. (3% Cost of Living Adjustment [COLA]). (Rate increase) 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 7, 2015, the Board of Supervisors approved Novation Contract #74–379-6 with People Who Care Children Association, for APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/12/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I 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 12, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: K Cyr, M Wilhelm C. 62 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:July 12, 2016 Contra Costa County Subject:Approve Novation Contract #74–379–7 with People Who Care Children Association July 12, 2016 Contra Costa County Board of Supervisors 990 BACKGROUND: (CONT'D) the period from July 1, 2015 through June 30, 2016, which included a six-month automatic extension through December 31, 2016, for the provision of MHSA prevention and early intervention services. Approval of Novation Contract #74–379–7 replaces the automatic extension under the prior Contract and allows the Contractor to continue providing services through June 30, 2017. 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. July 12, 2016 Contra Costa County Board of Supervisors 991 RECOMMENDATION(S): APPROVE and AUTHORIZE the Purchasing Agent, on behalf of the Health Services Department, to execute a Purchase Order with Data Systems Group (DSG) in an amount not to exceed $152,200 for the purchase of license support of the Electronic Claims and Remittances System Software for the period from August 1, 2015 through June 30, 2016. FISCAL IMPACT: 100% Funding is included in the Hospital Enterprise Fund I Budget. BACKGROUND: Since 2001, the Patient Accounting Unit uses DSG to simplify claims processing and revenue cycles. CCHS uses the following DSG modules for accurate posting of payments and adjustments: 1) Electronic Claims Processing: Billing forms are represented exactly and submitted directly for faster payment. 2) Remittance and Payment Processing: enables quick and accurate posting of payments and adjustment to the Patient Accounting System. 3) Real-time Transactions Eligibility: checks for eligibility before claims are submitted to ensure expedited payments. 4) APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/12/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I Supervisor Contact: David Runt, 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 12, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: Tasha Scott, M Wilhelm, renee nunez C.101 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:July 12, 2016 Contra Costa County Subject:Approve Purchase Order with Data Systems Group Software Maintenance July 12, 2016 Contra Costa County Board of Supervisors 992 BACKGROUND: (CONT'D) Financial Reporting: provides detailed reports, financial dashboard, and financial analysis tools. CONSEQUENCE OF NEGATIVE ACTION: If this Purchase Order is not approved, the Department will not receive critical software updates. CHILDREN'S IMPACT STATEMENT: Not applicable. July 12, 2016 Contra Costa County Board of Supervisors 993 RECOMMENDATION(S): APPROVE and AUTHORIZE the Purchasing Agent, on behalf of the Health Services Department, to execute a Purchase Order with Olympus America, Inc. in the amount of $336,395.93 for the purchase of replacement gastrointestinal scopes, processors, and light sources at the Contra Costa Regional Medical Center (CCRMC) for the period from May 1, 2016 through November 30, 2016. FISCAL IMPACT: 100% funding is included in the Hospital Enterprise Fund I Budget. BACKGROUND: The current scopes, processors and light sources are no longer supported by the manufacturer and need to be replaced. The new system will also allow the doctors more flexibility and safety during surgical procedures, providing improved comfort to the patients and ergonomic advantages to the medical staff. CONSEQUENCE OF NEGATIVE ACTION: If this purchase is not approved, the CCRMC will be unable to provide the safest, most reliable care, to patients or the staff, in the event that there is a failure with the current system. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/12/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I Supervisor Contact: Anna Roth, 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 12, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: T Scott, M Wilhelm, Crystal Grayson C. 97 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:July 12, 2016 Contra Costa County Subject:Approve Purchase Order with Olympus America, Inc. July 12, 2016 Contra Costa County Board of Supervisors 994 CHILDREN'S IMPACT STATEMENT: Not applicable. July 12, 2016 Contra Costa County Board of Supervisors 995 RECOMMENDATION(S): APPROVE and AUTHORIZE the Purchasing Agent, on behalf of the Health Services Department, to execute a Purchase Order with Polymedco Cancer Diagnostic Products, LLC. to add $360,000 for a new total of $480,000, for reagents and supplies to perform immunochemical fecal occult blood testing for the Clinical Laboratory at the Contra Costa Regional Medical Center, with no change in the term from October 1, 2015 through September 30, 2019. FISCAL IMPACT: 100% Funding is included in the Hospital Enterprise Fund I Budget. BACKGROUND: Polymedco’s OC-Auto Micro 80 Analyzer with FOBT-CHECKoc reagents is an automated immunochemical fecal occult blood testing system that detects human red cells only, with no interference from red meat, turnips, melons, aspirin, anti-inflammatory drugs and vitamin C. This improvement directs many more of the “right” patients to colonoscopy, leading to the earlier detection of polyps and colorectal cancer. CONSEQUENCE OF NEGATIVE ACTION: If this Purchase Order is not approved, the CCRMC Clinical Laboratory will not be able to perform patient testing for colorectal cancer. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/12/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I Supervisor Contact: Anna Roth, 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 12, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: Tasha Scott, M Wilhelm, Margaret Harris C. 90 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:July 12, 2016 Contra Costa County Subject:Approve Purchase Order with Polymedco Cancer Diagnostics Products, LLC July 12, 2016 Contra Costa County Board of Supervisors 996 CHILDREN'S IMPACT STATEMENT: Not applicable. July 12, 2016 Contra Costa County Board of Supervisors 997 RECOMMENDATION(S): APPROVE and AUTHORIZE the Purchasing Agent, on behalf of the Health Services Department, to execute a Purchase Order with Steris Corporation for $268,485.44 for the purchase of two (2) Amsco 400 sterilizers for the Contra Costa Regional Medical Center (CCRMC) for the period from June 1, 2016 through December 31, 2016. FISCAL IMPACT: 100% funding is included in the Hospital Enterprise Fund I Budget. BACKGROUND: The CCRMC has two (2) large volume sterilizers that are no longer supported by the manufacturer and need to be replaced before there are no longer any parts to keep them running. The current units are over 20 years old and are becoming more difficult to keep operational due to the scarcity of replacement parts. Steris Corporation provides the most versatile, ergonomic, eco-friendly and reliable sterilizer solution for sterilization requirements at the hospital. This will also enable CCRMC to improve ergonomics and efficiency, reduce energy consumption, and improve the environment. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/12/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I Supervisor Contact: Anna Roth, 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 12, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: T Scott, M Wilhelm, Crystal Grayson C. 99 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:July 12, 2016 Contra Costa County Subject:Approve Purchase Order with Steris Corporation July 12, 2016 Contra Costa County Board of Supervisors 998 CONSEQUENCE OF NEGATIVE ACTION: If this Purchase Order is not approved, CCRMC will be unable to sterilize the large volumes of instruments if the current sterilizers fail and the parts to repair them are unable to be obtained on the used market. This will cause the surgical department to postpone and/or cancel surgeries, as they will be unable to keep up with the turnover of instruments used for the procedures. CHILDREN'S IMPACT STATEMENT: Not applicable. July 12, 2016 Contra Costa County Board of Supervisors 999 RECOMMENDATION(S): APPROVE and AUTHORIZE the County Administrator, or designee, to execute, on behalf of the County, a contract with Bay Area Legal Aid in an amount not to exceed $181,250, to provide legal services for homelessness prevention, support of family connections, access to mental healthcare and alcohol and drug treatment, and public benefits programs referred to the West County Reentry Success Center for the period from July 1, 2016, through June 30, 2017, as recommended by the Public Protection Committee. ACKNOWLEDGE the execution of contracts with Contra Costa Crisis Center, Bay Area Community Resources, and the RYSE Center in an aggregate amount not to exceed $93,750 to provide community recidivism and crime reduction services for the period July 1, 2015 through June 30, 2016, as recommended by the Public Protection Committee. FISCAL IMPACT: FY 2016/17: Bay Area Legal Aid: $181,250 to provide attorney services that prevent homelessness, support family connections, ensure access to mental healthcare and alcohol and drug treatment, and public benefits programs to clients referred by the West County Reentry Success Center ($150,000 AB 109 Public Safety Realignment, $31,250 CRRG) APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/12/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I 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 12, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: C. 69 To:Board of Supervisors From:David Twa, County Administrator Date:July 12, 2016 Contra Costa County Subject:Community Recidivism Reduction Grant awards and Contract Authorization July 12, 2016 Contra Costa County Board of Supervisors 1000 FISCAL IMPACT: (CONT'D) Bay Area Community Resources: $31,250 to engage juveniles in East Contra Costa County in a comprehensive program utilizing employment training and leadership development (100% State Recidivism Reduction Grant) RYSE Center: $31,250 to continue pre-release transition planning, technical skills training, and the creation of a social media application focused on youth reentry for justice-involved youth (100% State Recidivism Reduction Grant) FY 2015/16: Contra Costa Crisis Cente r: $31,250 to develop and implement a Reentry Resource Web-based Icon Guide for reentry services (100% State Recidivism Reduction Grant) BACKGROUND: In August 2014, the CAO’s office was notified by the Board of State and Community Corrections (BSCC) that the Budget Act of 2014 had allocated $8 million to the BSCC for the Community Recidivism Reduction Grant (CRRG), as described in Penal Code section 1233.10. Counties were eligible to receive funds if the Board of Supervisors, in collaboration with the CCP, agreed to develop a competitive grant program intended to fund community recidivism and crime reduction services. On September 16, 2014, the Board of Supervisors passed item C.51, confirming to the BSCC the County’s interest in receiving the funding, of which $250,000 was allocated to Contra Costa County. Following the September 2014 action, the Public Protection Committee discussed how the $250,000 grant should be allocated for purposes of issuing a Request for Proposals (RFP) to community based organizations. The Committee determined that $150,000 would be allocated to adult programs and $100,000 would be allocated to juvenile programs. In April 2015, the County Administrator's Office conducted an RFP and review panel process to make grant award recommendations for fiscal year 2015-16 funding. At the August 10, 2015 meeting, staff notified the Public Protection Committee of a new allocation from the State of $125,000 in CRRG funds to Contra Costa County and requested direction from the Committee on how to allocate the new funding. At the September 14, 2016 meeting, staff returned to the Committee with additional materials to continue the discussion about how to allocate the funding. The Committee approved the awarding of grants to Bay Area Legal Aid and Contra Costa Crisis Center for the adult community, and Bay Area Community Resources and RYSE Center for the juvenile community, each in the amount of $31,250 and directed staff to forward the funding recommendations to the Board of Supervisors for consideration. Today's action approves and authorizes the County Administrator to execute a contract with Bay Area Legal Aid in an amount not to exceed $181,250 for the period July 1, 2016 through June 30, 2017. The contract amount is funded by a combination of the CRRG funds ($31,250) and State AB 109 Public Safety Realignment ($150,000). The services to be provided include legal services for homelessness prevention, support of family connections, access to mental healthcare and alcohol and drug treatment, and public benefits programs referred to the West County Reentry Success Center, as recommended by the Public Protection Committee. (17% State Public Safety Realignment; 83% State Recidivism Reduction Grant) Today's action also acknowledges the execution of contracts with Contra Costa Crisis Center, Bay Area Community Resources, and the RYSE Center in an aggregate amount not to exceed $93,750 to provide community recidivism and crime reduction services for the period July 1, 2015 through June 30, 2017, as recommended by the Public Protection Committee. (100% State Recidivism Reduction Grant). The grant to the Contra Costa Crisis Center in the amount of $31,250 was added to the FY 15-16 AB 109 contract for the development of a Reentry Resource Guide to provide an icon-based internet guide and a mobile app, for a total contract amount of $46,250. CONSEQUENCE OF NEGATIVE ACTION: The contract would not executed and the reentry population would not receive the services as recommended by the July 12, 2016 Contra Costa County Board of Supervisors 1001 The contract would not executed and the reentry population would not receive the services as recommended by the Public Protection Committee. July 12, 2016 Contra Costa County Board of Supervisors 1002 RECOMMENDATION(S): APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to execute a contract with Aspiranet in the amount not to exceed $115,367 to provide promoting safe and stable families services to current and prospective adoptive families in Contra Costa County for a period of July 1, 2016 through June 30, 2017. (100% Federal) FISCAL IMPACT: $115,367.00: 100% Federal (Promoting Safe and Stable Families) BACKGROUND: Aspiranet is one of several agencies selected as a result of competitive bidding process for Promoting Safe and Stable Families (PSSF) funding. The primary goals of the PSSF Program are to prevent the unnecessary separation of children from their families, improve the quality of care and services to children and their families, and ensure permanency for children by reuniting them with their parents, by adoption, or by another permanent arrangement. PSSF funding is used to support services to strengthen parental relationships and may also be used to remove barriers which impede the process of adoption when children cannot be safely reunited with their families and APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/12/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I Supervisor Contact: G.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 12, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: C. 71 To:Board of Supervisors From:Kathy Gallagher, Employment & Human Services Director Date:July 12, 2016 Contra Costa County Subject:Contract with Aspiranet July 12, 2016 Contra Costa County Board of Supervisors 1003 BACKGROUND: (CONT'D) to address the unique issues adoptive families and children may face. Aspiranet will provide REACH Contra Costa (Reaching Out to Assist Post-Adoption Families by Providing: Resources, Education, Advocacy, Crisis Counseling, and Hope – REACH) services throughout Contra Costa County. Services include Community Outreach and Advocacy and Parent and Family Support. (19-924-2) CONSEQUENCE OF NEGATIVE ACTION: Comprehensive, no-cost pre- and post-adoption support and education services will be unavailable to the County's prospective adoptive families. CHILDREN'S IMPACT STATEMENT: 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 services to maintain the adoptive family unit. July 12, 2016 Contra Costa County Board of Supervisors 1004 RECOMMENDATION(S): APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to execute a contract with Contra Costa Senior Legal Services, in an amount not to exceed $109,505, to provide countywide legal services to eligible clients, 60 years of age or older, for the period July 1, 2016 through June 30, 2017. (100% Federal) FISCAL IMPACT: $109,505.00: 100% Federal (Older Americans Act Title IIIB and Title VIIB ) BACKGROUND: Contra Costa Legal Services provides county-wide legal services (e.g. phone call, letters and document review, negotiations), representation at administrative proceedings and representation in court hearings to eligible clients at least 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 needs. (40-008-37) CONSEQUENCE OF NEGATIVE ACTION: County-wide legal services and representation to clients 60 years of age or older will not be available at no cost. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/12/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I Supervisor Contact: G.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 12, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: C. 63 To:Board of Supervisors From:Kathy Gallagher, Employment & Human Services Director Date:July 12, 2016 Contra Costa County Subject:Contract with Contra Costa Senior Legal Services July 12, 2016 Contra Costa County Board of Supervisors 1005 RECOMMENDATION(S): APPROVE and AUTHORIZE the Director of Risk Management to execute a contract with Essential Staffing, Inc. for workers' compensation staffing services for the period from July 1, 2016 through June 30, 2017 an amount not to exceed $500,000. FISCAL IMPACT: Costs for workers' compensation services are funded through the Workers' Compensation Internal Service Fund. BACKGROUND: Essential Staffing, Inc. specializes in providing highly experienced workers' compensation claims adjusters and clerical support staff. Using these temporary staffing services has resulted in a reduction of claims inventory to industry standards and an excellent audit rating by the California State Association of Counties Excess Insurance Authority as well as increased confidence levels to the internal service fund. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/12/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I 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 12, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: C.102 To:Board of Supervisors From:Sharon Offord Hymes, Risk Manager Date:July 12, 2016 Contra Costa County Subject:Contract with Essential Staffing, Inc. July 12, 2016 Contra Costa County Board of Supervisors 1006 CONSEQUENCE OF NEGATIVE ACTION: Risk Management will not have adequate technical assistance and staff to process workers' compensation claims in a timely manner and satisfy current regulations. July 12, 2016 Contra Costa County Board of Supervisors 1007 RECOMMENDATION(S): APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to execute a contract with Family Support Services of the Bay Area in an amount not to exceed $350,000 to provide comprehensive respite care and associated services to foster parents and relative caregivers for the period July 1, 2016 through June 30, 2017. (State 100%) FISCAL IMPACT: $350,000: State 100% (50% 2011 Realignment, 50% Foster Parent Recruitment, Retention, Support Grant) BACKGROUND: The Contractor was selected as a result of competitive bidding process, Respite Services to provide comprehensive services, both in-home and at approved drop-off locations, to support respite eligible families under a variety of programs including, but not limited to, Heritage (resource families in their full-time roles a caregivers of drug exposed children, ages 0 – 60 months), Kinship (relative or foster caregivers and their dependent children) and any other program that offers respite care services through any Contra Costa County approved program. Contractor APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/12/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I Supervisor Contact: G.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 12, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: C. 65 To:Board of Supervisors From:Kathy Gallagher, Employment & Human Services Director Date:July 12, 2016 Contra Costa County Subject:Contract with Family Support Services of the Bay Area July 12, 2016 Contra Costa County Board of Supervisors 1008 BACKGROUND: (CONT'D) will also provide a respite coordinator to coordinate and manage the various programs. The goal of the respite program is to provide comprehensive high quality in-home, out-of-home, and approved site location respite services to support the relative caregivers and foster parents n their full-time role as caregivers. (20-048-0) CONSEQUENCE OF NEGATIVE ACTION: Respite services to caregivers and relative caregivers of medically fragile children will not be available through EHSD. CHILDREN'S IMPACT STATEMENT: Respite services provided under this contract support four 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"; (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.” Respite services may be used during times of crisis when a caregiver needs to be away from home or when parents or relative caregivers must pursue other activities that temporarily take them away from children whose special needs require ongoing care. July 12, 2016 Contra Costa County Board of Supervisors 1009 RECOMMENDATION(S): APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to execute a contract with Mount Diablo Unified School District (MDUSD) in an amount not to exceed $368,000 for Workforce Innovation and Opportunity Act (WIOA) youth development services to eligible in-school and out-of-school youth ages 16 to 24 years old, to provide adult/dislocated worker one-stop-related services, oversee and administer job seeker assessment and training services with Mt. Diablo Adult Education as part of the collaborative with MDUSD, and to include mutual indemnification against any claims arising out of the performance of this agreement for the period July 1, 2016 through June 30, 2017. (100% Federal) FISCAL IMPACT: $368,000: No County Costs; 100% Federal Workforce Innovation and Opportunity Act (WIOA) Funding. BACKGROUND: In March 2014, the Employment and Human Services Department, on behalf of the Workforce Development Board of Contra Costa (WDB) and The Youth Council, awarded contracts under Request for Proposal #1134 for in-school, out-of-school, and follow-up youth services as mandated APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/12/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I 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 12, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: C. 86 To:Board of Supervisors From:Kathy Gallagher, Employment & Human Services Director Date:July 12, 2016 Contra Costa County Subject:Contract with Mount Diablo Unified School District for Youth Case Management Services and Adult/Dislocated Worker Training Services July 12, 2016 Contra Costa County Board of Supervisors 1010 BACKGROUND: (CONT'D) by the Workforce Investment Act (WIA). The Youth Council and WDB awarded one of three contracts to Mount Diablo Unified School District (MDUSD) for these services. MDUSD's Mt. Diablo Youth Employment Services (YES) is a collaborative among School Linked Services, the Mt. Diablo CARES After School Program and Career Academies in MDUSD designed to provide wrap-around and tiered services to WIA eligible in-school and out-of-school youth in Central Contra Costa County that included: academic support, counseling and case management, enrichment and leadership opportunities, and training, mentorship and employment that leads to high school graduation and links to an array of postsecondary options to prepare youth for college and/or career. In March 2016, the Board approved including Workforce Innovation and Opportunity Act (WIOA) funding with the WIA youth development services to eligible in-school and out-of-school youth ages 16 to 24 years old and including Mt. Diablo Adult Education as part of the collaborative with MDUSD to provide adult/dislocated worker one-stop-related services, oversee and administer job seeker assessment and training services at four of the EASTBAY Works One-Stop Career Centers in Contra Costa County. This Board Order is requesting Board approval to include a Mutual Indemnification clause with Mount Diablo Unified School District. (#18-354-3) CONSEQUENCE OF NEGATIVE ACTION: In-school and out-of-school Youth and Adult/Dislocated Workers will not receive assistance in overcoming barriers to employment, job readiness, educational programs, career training, one-stop-related, job seeker assessment and training services. CHILDREN'S IMPACT STATEMENT: This contract supports all five of the Contra Costa County's 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 training and employment opportunities for youth and adult/dislocated workers. July 12, 2016 Contra Costa County Board of Supervisors 1011 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 $291,584 to continue to provide long-term care ombudsman services to seniors for the period July 1, 2016 through June 30, 2017. (Federal: 100%) FISCAL IMPACT: $291,584.00: 100% Federal (Older Americans Act Title IIIB (CFDA# 93.044) and Title VIAA (CFDA# 93.042)) 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, report investigations of physical abuse of all dependent adult and elder residents of long-term care facilities, education and training of seniors' rights, benefits, and entitlements. (40-009-48) 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: 07/12/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I Supervisor Contact: G.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 12, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: C. 68 To:Board of Supervisors From:Kathy Gallagher, Employment & Human Services Director Date:July 12, 2016 Contra Costa County Subject:Contract with Ombudsman Services of Contra Costa County, Inc. July 12, 2016 Contra Costa County Board of Supervisors 1012 RECOMMENDATION(S): APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to execute a contract with STAND! For Families Free of Violence, a non-profit corporation, in an amount not to exceed $203,470 to provide shelter services for domestic violence victims and their children for the period of July 1, 2016 through June 30, 2017. (County 41%, Other: 59%) FISCAL IMPACT: $203,470.00 (County General Fund: 41%; Other: 59% Marriage License Fees and Fines) BACKGROUND: This contract address the social needs of the County's population in that it provides a crisis call center number 24 hours per day, 7 days per week, and provides at least 6,580 shelter bed days to a minimum of 122 women and children in crisis situations. Contractor provides support and assistance as a response from a law enforcement agency or a hospital emergency room including danger assessment, safety planning, and domestic violence education and information. Contractor is a domestic violence shelter-based agency providing services to domestic violence victims and their children in compliance with the requirements of California Welfare and Institutions Code section 18294. (19-615-8) APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/12/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I 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 12, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: C. 58 To:Board of Supervisors From:Kathy Gallagher, Employment & Human Services Director Date:July 12, 2016 Contra Costa County Subject:Contract with STAND! For Families Free of Violence July 12, 2016 Contra Costa County Board of Supervisors 1013 CONSEQUENCE OF NEGATIVE ACTION: Employment and Human Services will be unable to provide valuable services. CHILDREN'S IMPACT STATEMENT: This contract supports two of the five community outcomes established in the Children's Report Care:"; (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.” Expected program outcomes include a safe environment where children of families with domestic violence can receive appropriate support and follow-up services. July 12, 2016 Contra Costa County Board of Supervisors 1014 RECOMMENDATION(S): APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to execute a contract with YMCA of the East Bay, including modified mutual indemnification language, in the amount not to exceed $85,000 to provide therapeutic children's groups, after school activities, and women's domestic violence support groups and support for a period July 1, 2016 through June 30, 2017. (21% County, 49% State, 30% Federal) FISCAL IMPACT: $85,000.00: 21% County; 49% State; 30% Federal (Promoting Safe and Stable Families) BACKGROUND: Contractor is one of several agencies funded through Promoting Safe and Stable Families (PSSF) funding. Contractor will coordinate the delivery of services to women and children of families in West Contra Costa County experiencing domestic violence by providing therapeutic and support groups, after school activities, which community outreach. Contractor partners with the Greater Coronado All That Family Preservation Collaborative which is a combined effort of the following community agencies partnering together to serve the Coronado community: the Young Men’s Christian Association of the East Bay-West Contra Costa Branch (YMCA), Early Childhood Mental Health Program (ECMH), and West Contra Costa Youth Service Bureau (YSB). APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/12/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I Supervisor Contact: G.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 12, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: C. 64 To:Board of Supervisors From:Kathy Gallagher, Employment & Human Services Director Date:July 12, 2016 Contra Costa County Subject:Contract with YMCA of the East Bay July 12, 2016 Contra Costa County Board of Supervisors 1015 CONSEQUENCE OF NEGATIVE ACTION: West Contra Costa County women and children of families experiencing domestic violence will not have accessible support groups, activities, and educational activities. CHILDREN'S IMPACT STATEMENT: This contract supports all five of the community outcomes established n 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 West Contra Costa County women and children of families experiencing domestic violence access to groups, activities, and support providing education and activities as well as safety options . July 12, 2016 Contra Costa County Board of Supervisors 1016 RECOMMENDATION(S): APPROVE and AUTHORIZE the Auditor-Controller, or designee, to pay for small giveaway items with no intrinsic value (such as: totes, pen/memo/clocks, t-shirts, and/or items such as these), not to exceed a total payment limit of $95,000, for recognition and appreciation for recruitment and retention of foster parents for the period of June 1, 2016 through June 30, 2018. (100% State) FISCAL IMPACT: $95,000: 100% State (Foster Parent Recruitment, Retention and Support program plan award allocation). No County Match. BACKGROUND: Employment and Human Services (EHSD) supports and convenes trainings, meetings, workshops, and focus groups to meet mandated and discretionary training requirements for foster parents and birth parents and also to recognize and appreciate foster caregivers commitment and dedication to children in our community. Funding through the Foster Parent Recruitment, Retention and Support program plan was approved and awarded by the State Department of Social Services. In order to encourage participation, EHSD often includes provisions for a reasonable token of appreciation APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/12/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I Supervisor Contact: G.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 12, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: C. 85 To:Board of Supervisors From:Kathy Gallagher, Employment & Human Services Director Date:July 12, 2016 Contra Costa County Subject:Foster Parent Recruitment, Retention, and Support Program Awards July 12, 2016 Contra Costa County Board of Supervisors 1017 BACKGROUND: (CONT'D) and support. Expressing appreciation to our caregivers promotes a valid and substantive purpose by acknowledging their work, lifting their spirits and keeping them motivated and encouraged to continue providing quality care to children. Chaptered in October 2015, California Assembly Bill 403 (CCR) Continuum of Care Reform focuses on placing children in home settings, and supports efforts to recruit, retain, support and appreciate caregivers. State funding has been provided to assist with implementation and compliance with AB 403/CCR. CONSEQUENCE OF NEGATIVE ACTION: Without approval of goods for recognition and retention of foster parents, County would not be able to fully execute its Foster Parent Recruitment, Retention and Support program plan that was approved and awarded funding by the State Department of Social Services. Inability to spend down the state allocation for these activities could result in the County forfeiting current and future funds for these mandated activities. CHILDREN'S IMPACT STATEMENT: The recruitment, retention and support of foster parents supports all five of the community outcomes established in the Children's Report Card: 1) "Children Ready for and Succeeding in School"; 2) "Children and Youth Healhty and Preparing for Productive Adulthood"; 3) "Familes 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 encouraging those within the Child Welfare System to participate in various training and informational exchange opportunities. July 12, 2016 Contra Costa County Board of Supervisors 1018 RECOMMENDATION(S): APPROVE and AUTHORIZE the Sheriff-Coroner, or designee, to execute a contract with Leica Geosystems Inc. in an amount not to exceed $121,100 for the purchase of one Leica ScanStation PS30, and the related software and support for the term of July 1, 2016 through June 30, 2018. FISCAL IMPACT: $91,318 FY 2015 State Homeland Security Grant; $28,782 General Fund (Budgeted) BACKGROUND: The Office of the Sheriff Forensic Services Division (FSD) is an American Society of Crime Lab Directors/Laboratory Accreditation Board (ASCLD/LAB) accredited crime lab providing forensic services to more than 24 law enforcement agencies within Contra Costa County and servicing over one million residents. Our Crime Scene Unit is responsible for the processing, documentation and collection of evidence at all Protocol-involved Crime Scenes (such as an Officer-Involved Shooting) as well as all homicides in the unincorporated areas of the County. We also provide Technical Support to all Law Enforcement agencies within the County. In 2015, we responded to over 186 crime APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/12/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I 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 12, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: C. 57 To:Board of Supervisors From:David O. Livingston, Sheriff-Coroner Date:July 12, 2016 Contra Costa County Subject:Leica Geosystems Scan Station July 12, 2016 Contra Costa County Board of Supervisors 1019 BACKGROUND: (CONT'D) scenes in the County. The Crime Scene Unit currently uses the Leica C10 Scanner for crime scene documentation purposes. It was purchased in 2010 and since that time the equipment has become significantly improved. The Leica PS30 represents cutting-edge 3D Scanning technology and provides greater reliability and accuracy by streamlining the workflow thereby significantly reducing the amount of time that Criminalists spend at any crime scene. The Office of the Sheriff Forensic Services Division (FSD) is an American Society of Crime Lab Directors/Laboratory Accreditation Board (ASCLD/LAB) accredited crime lab providing forensic services to more than 24 law enforcement agencies within Contra Costa County and servicing over one million residents. CONSEQUENCE OF NEGATIVE ACTION: The current Leica C10 scanner is outdated. The continued use of the Leica C10 will hamper the County’s ability to provide the highest quality in Forensic Services. CHILDREN'S IMPACT STATEMENT: No impact. July 12, 2016 Contra Costa County Board of Supervisors 1020 RECOMMENDATION(S): APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a Software and Services Agreement with MaintStar, Incorporated, in an amount not to exceed $117,000 for new software modules, three years of annual support, implementation and configuration, and training that will enable the Public Works Department to receive customer complaints via smart device application and/or the County website for the period of July 12, 2016 through June 30, 2019, Countywide. FISCAL IMPACT: 100% General Fund (2016-17 Venture Capital Funds) BACKGROUND: Public Works has been using MaintStar's computerized maintenance management software since 2003 to develop annual work plans for field maintenance crews, track work accomplishments and costs, and record customer complaints and responses. This agreement is to purchase additional MaintStar modules (Mobile Citizen and Web Based Work Request System) that will enable Public Works to receive customer complaints via smart device application and/or the County website. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/12/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I Supervisor Contact: Joe Yee, 925-313-2104 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 12, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: C. 61 To:Board of Supervisors From:Julia R. Bueren, Public Works Director/Chief Engineer Date:July 12, 2016 Contra Costa County Subject:MaintStar Software and Services Agreement July 12, 2016 Contra Costa County Board of Supervisors 1021 BACKGROUND: (CONT'D) Currently, Public Works requests such as pothole repairs, illegal dumping, drainage issues, etc., are received through phone calls, letters, and emails and then manually entered into the MaintStar system. MaintStar’s new Mobile Citizen Module will allow citizens the option of reporting issues with their smart device and attaching a photo of the problem. The photos are geotagged which will help pinpoint the exact location and allow us to visualize the issue which will help us provide better and more complete service. The Web Based Work Request System will also allow customers direct entry of requested service information from their computer. Both methods will automatically generate a work request eliminating the need for manual entry by staff. This agreement includes the new software modules, three years of annual support, implementation and configuration, and training. CONSEQUENCE OF NEGATIVE ACTION: This is proprietary software that can be purchased only from the manufacturer. July 12, 2016 Contra Costa County Board of Supervisors 1022 RECOMMENDATION(S): APPROVE and AUTHORIZE the Sheriff-Coroner, or designee, to execute a contract with Men and Women of Purpose in an amount not to exceed $150,000 for the provision of mentoring and placement services to assist adult inmates transitioning into a mainstream environment for the period July 1, 2016 through June 30, 2017. FISCAL IMPACT: $150,000; 100% 2016/17 AB 109. BACKGROUND: The purpose of this Contract is to implement the Jail to Community Program as part of the County's AB109 public safety realignment plan. In order to implement the Jail to Community Program, the Men and Women of Purpose(MWP) and the Office of the Sheriff-Coroner will commit to an ongoing collaboration to strengthen and develop a multi-disciplinary approach to serve adult offenders inside the County's West County Detention Facility, Martinez, Detention Facility, and Marsh Creek Detention Facility. Those incarcerated and in the custody of the County's Sheriff-Coroner would need to meet certain criteria to be among the AB 109 re-entry population. Some of the services MWP provides are initial assessments, recommending treatment plans, developing support APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/12/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I 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 12, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: C.112 To:Board of Supervisors From:David O. Livingston, Sheriff-Coroner Date:July 12, 2016 Contra Costa County Subject:Men and Women of Purpose July 12, 2016 Contra Costa County Board of Supervisors 1023 BACKGROUND: (CONT'D) groups, and assisting participants with the recovery of their California Driver's License, Social Security Card and Green Cards for the re-entry population. MWP will provide participants online access and print outs of the County's 211 information services and participant services to each of its Outpatient and Day Treatment programs after the participant is released. CONSEQUENCE OF NEGATIVE ACTION: A negative action would result in the incarcerated not having an improved chance to not re-offend and return to the detention facility resulting in an increased fiscal impact and continued overcrowding. CHILDREN'S IMPACT STATEMENT: No impact. July 12, 2016 Contra Costa County Board of Supervisors 1024 RECOMMENDATION(S): APPROVE and AUTHORIZE the Sheriff-Coroner, or designee, to execute a contract with Psychological Resources, Inc. (dba;Wolf Consulting Group), in an amount not to exceed $140,000, to provide pre-employment; psychological evaluations, individual counseling sessions, and fitness for duty evaluations for the period of July 1, 2016 through June 30, 2018. FISCAL IMPACT: 100% General Fund; Budgeted. BACKGROUND: Wolf Consulting Group will provide pre-employment evaluations and reports of evaluation results for Deputy Sheriff Recruit candidates for the Office of the Sheriff. Wolf Consulting Group will also provide psychological evaluations, Fitness-For-Duty, and individual counseling sessions for County personnel as requested by the Undersheriff or designee. Wolf Consulting Group will provide reports of psychological evaluations and Fitness-For-Duty evaluations. CONSEQUENCE OF NEGATIVE ACTION: The Sheriff's Office will not be able to contract with Psychological Resources, Inc. for services required as part of the recruiting and background investigation process. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/12/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I 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 12, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: C.110 To:Board of Supervisors From:David O. Livingston, Sheriff-Coroner Date:July 12, 2016 Contra Costa County Subject:Psychological Resources, Inc., dba Wolf Consulting Group July 12, 2016 Contra Costa County Board of Supervisors 1025 CHILDREN'S IMPACT STATEMENT: No impact. July 12, 2016 Contra Costa County Board of Supervisors 1026 RECOMMENDATION(S): APPROVE and AUTHORIZE the Purchasing Agent, on behalf of the Employment and Human Services Department, to execute (1) a purchase order with PC Specialists, Inc. in an amount not to exceed $60,000 for the purchase of data loss prevention software for the period of June 13, 2016 through December 31, 2016, and (2) software license and support agreements with Proofpoint, Inc. for data loss software and support. (10% County; 45% State; 45% Federal) FISCAL IMPACT: $60,000: 100% Administrative Overhead (10% County; 45% State; 45% Federal) BACKGROUND: The Proofpoint data loss prevention software suite, provided and hosted by Proofpoint, Inc., will provide e-mail and file in-transport security protection. With this solution, the Employment and Human Services Department (EHSD) will be able to enhance security services to its customers. The Proofpoint APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/12/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I 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 12, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: C. 72 To:Board of Supervisors From:Kathy Gallagher, Employment & Human Services Director Date:July 12, 2016 Contra Costa County Subject:Purchase Order and Software License and Support Agreements July 12, 2016 Contra Costa County Board of Supervisors 1027 BACKGROUND: (CONT'D) services agreement obligates the County to defend and indemnify Proofpoint for third party claims arising from County’s use of the application or County data hosted by Proofpoint. PC Specialists, Inc. is the third party reseller of the Proofpoint application and support services and County will pay the PC Specialists, Inc. invoice with a purchase order. CONSEQUENCE OF NEGATIVE ACTION: The Employment and Human Services Department will not have enhanced security services for its customers. CHILDREN'S IMPACT STATEMENT: Not applicable. July 12, 2016 Contra Costa County Board of Supervisors 1028 RECOMMENDATION(S): APPROVE and AUTHORIZE the Purchasing Agent on behalf of the Employment and Human Services Department to execute a purchase order with Carousel Industries, Inc. in an amount not to exceed $192,523 for the maintenance of the Verint Voice System for the period July 30, 2016 through July 29, 2017. (10% County; 45% State; 45% Federal) FISCAL IMPACT: $192,523: 100% Administrative Overhead (10% County; 45% State; 45% Federal) BACKGROUND: Carousel Industries, Inc. will provide maintenance of the Verint telephone system. In doing so, Carousel Industries, Inc. will support all the Employment and Human Services Department (EHSD) call centers, including the Medi-Cal Service Center, Health Care Access Center, Medi-Cal Mail In Unit, and several other call centers. It also services as the main hub for all phone traffic into EHSD and will ensure staff are meeting customer service goals. This system ties into another system, the Call Management System, that manages call queues, which also interfaces to the CalWIN Consortia. Given the complexity of the overall voice system, EHSD has identified the need to have one central contract for support. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/12/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I 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 12, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: C. 56 To:Board of Supervisors From:Kathy Gallagher, Employment & Human Services Director Date:July 12, 2016 Contra Costa County Subject:Purchase Order for Maintenance of Verint Voice System July 12, 2016 Contra Costa County Board of Supervisors 1029 CONSEQUENCE OF NEGATIVE ACTION: The Employment and Human Services Department will be unable to maintain a telephone system. CHILDREN'S IMPACT STATEMENT: Not applicable. July 12, 2016 Contra Costa County Board of Supervisors 1030 RECOMMENDATION(S): Approve and authorize the Health Services Director, or his designee, to issue a thirty (30) day written notice to Dennis E. McBride, M.D., to terminate Contract #26-611-7 for provision primary physician patient care at the County’s Adult and Juvenile Detention Facilities, effective August 13, 2016. FISCAL IMPACT: This Contract was funded by Hospital Enterprise Fund I. BACKGROUND: On November 3, 2015, the Board of Supervisors approved Contract #26-611-7 with Dennis E. McBride, M.D., in an amount not to exceed $550,000, for provision of primary physician patient care at the County’s Adult and Juvenile Detention Facilities, for the period from September 1, 2015 through August 31, 2017. Approval by the Board of Supervisors will allow the Health Services Department to issue a thirty (30) day written notice to the Contractor, in accordance with Contract #26-611-7, Paragraph 5. (Termination and Cancellation) of the General Conditions that the Contract is terminated effective August 13, 2016. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/12/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I Supervisor Contact: Samir Shah, M.D., 370-5475 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 12, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: T Scott, M Wilhelm C. 95 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:July 12, 2016 Contra Costa County Subject:Termination of Contract #26-611-7 with Dennis E. McBride, M.D. July 12, 2016 Contra Costa County Board of Supervisors 1031 CONSEQUENCE OF NEGATIVE ACTION: If this board order is not approved, the Department will not be able to issue a 30-day termination notice. CHILDREN'S IMPACT STATEMENT: Not applicable. July 12, 2016 Contra Costa County Board of Supervisors 1032 RECOMMENDATION(S): In the matter of making a loan of $1,000,000 in HOME Investment Partnership Act (HOME) and $1,000,000 in Housing Opportunities for Persons with HIV/AIDs funds to Riviera Family Apartments L.P., a California limited partnership, for the development of the Riviera Family Apartment project in Walnut Creek: 1. FIND, as the responsible agency, that on the basis of the whole record before the County (including the Initial Study prepared by the City of Walnut Creek as the lead agency) that there is no substantial evidence that the project will have a significant effect on the environment, and that the Mitigated Negative Declarations prepared for this project adequate and acceptable to comply with the California Environmental Quality Act; and 2. APPROVE and AUTHORIZE the Conservation and Development Director, or designee, to execute legal documents to effect the loan; and 3. DIRECT the Director of Conservation and Development, or designee, to file a Notice of Determination for the Riviera Family Apartments with the County Clerk; and 4. DIRECT the Director of Conservation and Development, or designee, to arrange for payment of the $50 handling fee to the County Clerk for filing such Notice of Determination. FISCAL IMPACT: No General Fund impact. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/12/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I 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 12, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C.113 To:Board of Supervisors From:John Kopchik, Director, Conservation & Development Department Date:July 12, 2016 Contra Costa County Subject:APPROVAL OF HOME AND HOPWA LEGAL DOCUMENTS FOR THE RIVIERA APARTMENTS IN WALNUT CREEK July 12, 2016 Contra Costa County Board of Supervisors 1033 FISCAL IMPACT: (CONT'D) HOME Investment Partnerships Act funds are provided to the County on a formula allocation basis through the U.S. Department of Housing and Urban Development (HUD). HOME CFDA# 14.256. HOPWA funds are provided to the County on a formula allocation basis through the City of Oakland CFDA# 14.241. BACKGROUND: On April 15, 2015, the Board of Supervisors allocated $1,000,000 of HOME funds and on February 9, 2016, allocated $1,000,000 of HOPWA funds to Resources for Community Development (RCD) for the Riviera Family Apartment development. RCD has formed a limited partnership, Riviera Family Apartments L.P. to develop and own this project. The purpose of the Riviera Family Apartment development is to increase the supply of multi-family rental housing affordable to and occupied by lower income households, including households with special needs, in Central County through the construction of 58 units of affordable housing on two non-contiguous sites at 1511-1515 and 1716-1738 Riviera Avenue in Walnut Creek. Twenty-four of the units will be designated as County-assisted, eight of which will be reserved for persons with HIV/AIDs. Nine of the 58 units will be affordable and available to households earning up to 30 percent of the area median income (AMI), 40 units will be affordable and available to households earning up to 50 percent of AMI, 8 units will be affordable and available to households earning up to 60 percent AMI, and the remaining unit will be reserved for an on-site manager. Additional financing for the development includes City of Walnut Creek (inclusionary and former redevelopment agency funds), nine percent low income housing tax credits, State Affordable Housing and Sustainable Communities funds, and tax exempt bonds. The County is the issuer for tax exempt bonds. HOME funds will be provided in the form of a 20-year, residual receipt loan with a three percent interest rate. There may be some payments if the project has surplus cash flow. HOPWA funds will be provided as a 10-year fully deferred loan with no interest. The County will have an additional regulatory agreement to ensure that the County-assisted units remain affordable following the expiration of the HOME and HOPWA affordability terms. The total term of affordability for the County-assisted units is 55 years. Affordability and use restrictions are incorporated into the County loan documents. The loan documents are attached in their substantially final form and will be executed in a form approved by County Counsel. Through this action, the DCD Director is authorized to execute subordination agreements and estoppels that are consistent with the terms in the Loan Agreement. National Environmental Policy Act (NEPA): HOME and HOPWA projects are subject to NEPA and 24 CFR Part 58 review. The NEPA review for this project is complete and required mitigation actions are included in the loan agreement. The city of Walnut Creek, as the lead agency, completed the CEQA review and posted Notices of Determination for the project on February 18, 2015. Due to the high construction costs and limited revenue from the restricted rents, the total amount of the financing provided to the project will likely exceed the value of the completed project. Even though the proposed equity investment from low income housing tax credits is substantial compared to the amount of long term debt, the partnership agreement will have numerous safe guards of the investor's equity. These safe guards essentially subordinate the County’s debt to the investor’s equity. Therefore, the County funds may not be fully secured through the value of the property. CONSEQUENCE OF NEGATIVE ACTION: Without the approval and execution of the HOME and HOPWA legal documents, the project will not be constructed. Riviera Family Apartments L.P. must close on the County financing by July 15, 2016, or the HOME and HOPWA funds may be recaptured by the HUD. CHILDREN'S IMPACT STATEMENT: The Riviera Family Apartment project will support indicator number 3: Families are Economically Self Sufficient.July 12, 2016 Contra Costa County Board of Supervisors 1034 The Riviera Family Apartment project will support indicator number 3: Families are Economically Self Sufficient. ATTACHMENTS Riviera County Regulatory Agreement Riviera Intercreditor Agreement Walnut Creek Riviera HOME HOPWA LOAN Agreement Riviera HOME HOPWA Promissory Note Riviera HOME HOPWA Deed of Trust Riviera HOME HOPWA Regulatory Agreement July 12, 2016 Contra Costa County Board of Supervisors 1035 1 863\100\1888565.2 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Contra Costa County Department of Conservation and Development 30 Muir Road Martinez, CA 94553 Attn: Affordable Housing Program Manager No fee for recording pursuant to Government Code Section 27383 __________________________________________________________________________ COUNTY REGULATORY AGREEMENT AND DECLARATION OF RESTRICTIVE COVENANTS (Riviera Family Apartments) This County Regulatory Agreement and Declaration of Restrictive Covenants (the "County Regulatory Agreement") is dated July 15, 2016 and is between the County of Contra Costa, a political subdivision of the State of California (the "County"), and Riviera Family Apartments, L.P., a California limited partnership ("Borrower"). RECITALS A. Defined terms used but not defined in these recitals are as defined in Article 1 of this County Regulatory Agreement. B. The County has received Home Investment Partnerships Act funds from the United States Department of Housing and Urban Development ("HUD") pursuant to the Cranston-Gonzales National Housing Act of 1990 ("HOME Funds"). The HOME Funds must be used by the County in accordance with 24 C.F.R. Part 92. C. The County has received Housing Opportunities for Persons with AIDS Program funds from HUD pursuant to the HOPWA program ("HOPWA Funds"). The HOPWA Funds are available to and administered by the County, as the subrecipient of the City of Oakland, which is the representative for the Alameda-Contra Costa County Eligible Metropolitan Area. The HOPWA Funds must be used by the County in accordance with 24 C.F.R. Part 574. D. Borrower is the owner of that certain real property located at 1716-1738 Riviera Avenue ("Parcel 1") and 1511-1515 Riviera Avenue ("Parcel 2") in the City of Walnut Creek, County of Contra Costa, State of California, as more particularly described in Exhibit A (collectively, the "Property"). Borrower intends to construct fifty-eight (58) multifamily housing units on the Property for rental to extremely low, very low and low income households, including one (1) manager's unit (the "Development"). The Development, as well as all landscaping, roads and parking spaces on the Property and any additional improvements on the July 12, 2016 Contra Costa County Board of Supervisors 1036 2 863\100\1888565.2 Property, are the "Improvements". Thirty (30) Units will be constructed on Parcel 2 and Twenty-eight (28) Units will be constructed on Parcel 1. E. Pursuant to a HOME and HOPWA Loan Agreement by and between the County and Borrower of even date herewith (the "Loan Agreement"), the County is lending Borrower One Million Dollars ($1,000,000) of HOME Funds (the "HOME Loan") and One Million Dollars ($1,000,000) of HOPWA Funds (the "HOPWA Loan") for a total loan amount of Two Million Dollars ($2,000,000) (the "Loan"). F. The County has the authority to lend the Loan to Borrower pursuant to Government Code Section 26227, which authorizes counties to spend county funds for programs that will further a county's public purposes. In addition, the County has the authority to loan (i) the HOME Funds pursuant to 24 C.F.R. 92.205 and (ii) the HOPWA Funds pursuant to 24 C.F.R. 574.300. G. The County has agreed to make the Loan on the condition that Borrower maintain and operate the Development in accordance with restrictions set forth in this County Regulatory Agreement and the HOME/HOPWA Regulatory Agreement, and in the related documents evidencing the Loan. H. As it applies to the County-Assisted Units this County Regulatory Agreement will be in effect for the Term. The HOME/HOPWA Regulatory Agreement as it applies to the County-Assisted Units will be in effect for twenty-one (21) years from the Completion Date. Pursuant to Section 6.14 below, compliance with the terms of the HOME/HOPWA Regulatory Agreement will be deemed compliance with this County Regulatory Agreement during the term of the HOME/HOPWA Regulatory Agreement. I. In consideration of receipt of the Loan at an interest rate substantially below the market rate, Borrower agrees to observe all the terms and conditions set forth below. The parties therefore agree as follows: AGREEMENT ARTICLE 1 DEFINITIONS 1.1 Definitions. The following terms have the following meanings: (a) "Actual Household Size" means the actual number of persons in the applicable household. (b) "Adjusted Income" means the total anticipated annual income of all persons in the Tenant household as defined in 24 CFR 5.609 and as calculated pursuant to 24 C.F.R. 5.611. July 12, 2016 Contra Costa County Board of Supervisors 1037 3 863\100\1888565.2 (c) "Assumed Household Size" means the household size "adjusted for family size appropriate to the unit" as such term is defined in Health & Safety Code Section 50052.5(h). (d) "City" means the City of Walnut Creek, California, a municipal corporation. (e) "Completion Date" means the date a final certificate of occupancy, or equivalent document is issued by the City to certify that the Development may be legally occupied. (f) "County-Assisted Units" means the twenty-four (24) Units constructed on the Property that are restricted to occupancy by Extremely Low Income Households, Very Low Income Households, Forty Percent Income Households, and Sixty Percent Income Households in compliance with Section 2.1 below. (g) "County Regulatory Agreement" has the meaning set forth in the first paragraph of this County Regulatory Agreement. (h) "Deed of Trust" means the Deed of Trust with Assignment of Rents, Security Agreement and Fixture Filing of even date herewith by and among Borrower, as trustor, North American Title Company, as trustee, and the County, as beneficiary, that encumbers the Property to secure repayment of the Loan and Borrower's performance of the Loan Documents. (i) "Development" has the meaning set forth in Paragraph D of the Recitals. (j) "Extremely Low Income Household" means a household with an Adjusted Income that does not exceed thirty percent (30%) of Median Income, adjusted for Actual Household Size. (k) "Extremely Low Income Rent" means the maximum allowable rent for an Extremely Low Income Unit pursuant to Section 2.2(a) below. (l) "Extremely Low Income Units" means the Units which, pursuant to Section 2.1(a) below, are required to be occupied by Extremely Low Income Households. (m) "Forty Percent Income Household" means a household with an Adjusted Income that does not exceed forty percent (40%) of Median Income, adjusted for Actual Household Size. (n) "Forty Percent Income Rent" means the maximum allowable rent for a Forty Percent Income Unit pursuant to Section 2.2(b) below. (o) "Forty Percent Income Units" means the Units which, pursuant to Section 2.1(b) below, are required to be occupied by Forty Percent Income Households. July 12, 2016 Contra Costa County Board of Supervisors 1038 4 863\100\1888565.2 (p) "HOME" means the Home Investment Partnerships Act Program funded pursuant to the Cranston-Gonzales National Housing Act of 1990. (q) "HOME Funds" has the meaning set forth in Paragraph B of the Recitals. (r) "HOME/HOPWA Regulatory Agreement" means the Regulatory Agreement and Declaration of Restrictive Covenants of even date herewith, between the County and Borrower evidencing County requirements applicable to the Loan, to be recorded against the Property concurrently herewith. (s) "HOME Loan" has the meaning set forth in Paragraph E of the Recitals. (t) "HOPWA" means the Housing Opportunities for Persons with AIDS Program pursuant to the AIDS Housing Opportunity Act (42 USC 12901 et. seq.), as amended by the Housing and Community Development Act of 1992 (42 USC 5301 et. seq.). (u) "HOPWA Funds" has the meaning set forth in Paragraph C of the Recitals. (v) "HOPWA Loan" has the meaning set forth in Paragraph E of the Recitals. (w) "HUD" has the meaning set forth in Paragraph B of the Recitals. (x) "Improvements" has the meaning set forth in Paragraph D of the Recitals. (y) "Intercreditor Agreement" means that certain intercreditor agreement of even date herewith among the City, the County, and Borrower. (z) "Loan" has the meaning set forth in Paragraph E of the Recitals. (aa) "Loan Agreement" has the meaning set forth in Paragraph E of the Recitals. (bb) "Loan Documents" means the documents evidencing the Loan including this County Regulatory Agreement, the Note, the Loan Agreement, the Intercreditor Agreement, the HOME/HOPWA Regulatory Agreement, and the Deed of Trust. (cc) "Low Income Household" means a Tenant with an Adjusted Income that does not exceed eighty percent (80%) of Median Income, with adjustments for smaller and larger families, except that HUD may establish income ceilings higher or lower than eighty percent (80%) of Median Income on the basis of HUD findings that such variations are necessary because of prevailing levels of construction costs or fair market rents, or unusually high or low family incomes. (dd) "Marketing Plan" has the meaning set forth in Section 4.3(a). (ee) "Median Income" means the median gross yearly income, adjusted for July 12, 2016 Contra Costa County Board of Supervisors 1039 5 863\100\1888565.2 Actual Household Size as specified herein, in the County of Contra Costa, California, as published from time to time by HUD. In the event that such income determinations are no longer published, or are not updated for a period of at least eighteen (18) months, the County shall provide Borrower with other income determinations that are reasonably similar with respect to methods of calculation to those previously published by HUD. (ff) "Note" means the promissory note that evidences Borrower's obligation to repay the Loan, as such may be amended form time to time. (gg) "Property" has the meaning set forth in Paragraph D of the Recitals. (hh) "Rent" means the total monthly payments by the Tenant of a Unit for the following: use and occupancy of the Unit and land and associated facilities; any separately charged fees or service charges assessed by Borrower which are customarily charged in rental housing and required of all Tenants, other than security deposits; an allowance for the cost of an adequate level of service for utilities paid by the Tenant, including garbage collection, sewer, water, electricity, gas and other heating, cooking and refrigeration fuel, but not telephone service or cable TV; and any other interest, taxes, fees or charges for use of the land or associated facilities and assessed by a public or private entity other than Borrower, and paid by the Tenant. (ii) "Sixty Percent Income Household" means a household with an Adjusted Income that does not exceed sixty percent (60%) of Median Income, adjusted for Actual Household Size. (jj) "Sixty Percent Income Rent" means the maximum allowable rent for a Sixty Percent Income Unit pursuant to Section 2.2(d) below. (kk) "Sixty Percent Income Units" means the Units which, pursuant to Section 2.1(d) below, are required to be occupied by Sixty Percent Income Households. (ll) "Social Services Plan" has the meaning set forth in Section 4.3(c). (mm) "Tenant" means the tenant household that occupies a Unit in the Development. (nn) "Tenant Selection Plan" has the meaning set forth in Section 4.3(b). (oo) "Term" means the period of time that commences on the date of this County Regulatory Agreement, and unless sooner terminated pursuant to the terms of this County Regulatory Agreement, expires on the fifty-fifth (55th) anniversary of the Completion Date; provided, however, if a record of the Completion Date cannot be located or established, the Term will expire on the fifty-seventh (57th) anniversary of this County Regulatory Agreement. (pp) "Unit(s)" means one (1) or more of the units in the Development. July 12, 2016 Contra Costa County Board of Supervisors 1040 6 863\100\1888565.2 (qq) "Very Low Income Household" means a household with an Adjusted Income that does not exceed fifty percent (50%) of Median Income, with adjustments for smaller and larger families, except that HUD may establish income ceilings higher or lower than fifty percent (50%) of Median Income on the basis of HUD findings that such variations are necessary because of prevailing levels of construction costs or fair market rents, or unusually high or low family incomes. (rr) "Very Low Income Rent" means the maximum allowable rent for a Very Low Income Unit pursuant to Section 2.2(c) below. (ss) "Very Low Income Units" means the Units which, pursuant to Section 2.1(b) below, are required to be occupied by Very Low Income Households. ARTICLE 2 AFFORDABILITY AND OCCUPANCY COVENANTS 2.1 Occupancy Requirements. (a) Extremely Low Income Units. During the Term Borrower shall cause five (5) Units to be rented to and occupied by or, if vacant, available for occupancy by, Extremely Low Income Households. (b) Forty Percent Income Units. During the Term, Borrower shall cause four (4) Units to be rented to and occupied by or, if vacant, available for occupancy by, Forty Percent Income Households (c) Very Low Income Units. During the Term, Borrower shall cause four (4) Units to be rented to and occupied by or, if vacant, available for occupancy by Very Low Income Households. (d) Sixty Percent Income Units. During the Term, Borrower shall cause eleven (11) Units to be rented to and occupied by or, if vacant, available for occupancy by Sixty Percent Income Households. (e) Intermingling of Units. Borrower shall cause the County-Assisted Units to be intermingled throughout the Development and of comparable quality to all other Units. All Tenants must have equal access to and enjoyment of all common facilities in the Development. The County-Assisted Units must be of the bedroom size set forth in the following chart: July 12, 2016 Contra Costa County Board of Supervisors 1041 7 863\100\1888565.2 Extremely Low Income Units 40% Income Units Very Low Income Units 60% Income Units Zero-Bd. Units 3 1 2 One-Bd. Units 2 1 1 5 Two-Bd. Units 2 1 Three-Bd. Units 6 Total 5 4 4 11 (f) Disabled Persons Occupancy. Borrower shall cause the Development to be constructed and operated at all times in compliance with the provisions of: (i) the Unruh Act, (ii) the California Fair Employment and Housing Act, (iii) Section 504 of the Rehabilitation Act of 1973("Section 504"), (iv) the United States Fair Housing Act, as amended, and (v) the Americans With Disabilities Act of 1990, which relate to disabled persons access. In compliance with Section 504, a minimum of three (3) County-Assisted Units must be constructed to be fully accessible to households with a mobility impaired member and an additional two (2) County- Assisted Units must be constructed to be fully accessible to hearing and/or visually impaired persons. Borrower shall indemnify, protect, hold harmless and defend (with counsel reasonably satisfactory to the County) the County, and its board members, officers and employees, from all suits, actions, claims, causes of action, costs, demands, judgments and liens arising out of Borrower's failure to comply with applicable legal requirements related to housing for persons with disabilities. The provisions of this subsection will survive expiration of the Term or other termination of this County Regulatory Agreement, and remain in full force and effect. 2.2 Allowable Rent. (a) Extremely Low Income Rent. Subject to the provisions of Section 2.4 below, the Rent paid by a Tenant of an Extremely Low Income Unit may not exceed one-twelfth (1/12) of thirty percent (30%) of thirty percent (30%) of Median Income, adjusted for Assumed Household Size. (b) Forty Percent Income Rent. Subject to Section 2.4 below, the Rent paid by a Tenant of a Forty Percent Income Unit, may not exceed one-twelfth (1/12th) of thirty percent (30%) of forty percent (40%) of Median Income, adjusted for Assumed Household Size. (c) Very Low Income Rent. Subject to the provisions of Section 2.4 below, the Rent paid by a Tenant of a Very Low Income Unit may not exceed one-twelfth (1/12) of thirty percent (30%) of fifty percent (50%) of Median Income, adjusted for Assumed Household Size. (d) Sixty Percent Income Rent. Subject to Section 2.4 below, the Rent paid by a Tenant of a Sixty Percent Income Unit, may not exceed one-twelfth (1/12th) of thirty percent (30%) of sixty percent (60%) of Median Income, adjusted for Assumed Household Size. July 12, 2016 Contra Costa County Board of Supervisors 1042 8 863\100\1888565.2 (e) No Additional Fees. Borrower may not charge any fee, other than Rent, to any Tenant of the County-Assisted Units for any housing or other services provided by Borrower. 2.3 Rent Increases. (a) Rent Amount. The initial Rent for all County-Assisted Units must be approved by the County prior to occupancy. The County will provide Borrower with a schedule of maximum permissible Rents for the County-Assisted Units and the maximum monthly allowances for utilities and services (excluding telephone) annually. (b) Rent Increases. All Rent increases for all County-Assisted Units are subject to County approval. No later than sixty (60) days prior to the proposed implementation of any Rent increase affecting a County-Assisted Unit, Borrower shall submit to the County a schedule of any proposed increase in the Rent charged for County-Assisted Units. The Rent for such Units may be increased no more than once annually based upon the annual income certification described in Article 3. The County will disapprove a Rent increase if it violates the schedule of maximum permissible Rents for the County-Assisted Units provided to Borrower by the County, or is greater than a 5% increase over the previous year's Rent. Borrower shall give Tenants written notice at least thirty (30) days prior to any Rent increase, following completion of the County approval process set forth above. 2.4 Increased Income of Tenants. (a) Increased Income above Extremely Low Income but below Low Income Limit. If, upon the annual certification of the income of a Tenant of an Extremely Low Income Unit, Borrower determines that the income of the Tenant has increased above the qualifying limit for an Extremely Low Income Household, but not above the qualifying income for a Low Income Household, the Tenant may continue to occupy the Unit and the Tenant's Rent will remain at the Extremely Low Income Rent. Borrower shall then rent the next available Unit to an Extremely Low Income Household to comply with the requirements of Section 2.1(a) above, at a Rent not exceeding the maximum Rent specified in Section 2.2(a), or re-designate another comparable Unit in the Development with an Extremely Low Income Household an Extremely Low Percent Income Unit, to comply with the requirements of Section 2.1(a) above. Upon renting the next available Unit in accordance with Section 2.1(a) or re-designating another Unit in the Development as an Extremely Low Income Unit, the Unit with the over-income Tenant will no longer be considered a County-Assisted Unit. (b) Increased Income above Forty Percent Income but below Low Income Limit. If, upon the annual certification of the income of a Tenant of a Forty Percent Income Unit, Borrower determines that the income of the Tenant has increased above the qualifying limit for a Forty Percent Income Household, but not above the qualifying income for a Low Income Household, the Tenant may continue to occupy the Unit and the Tenant's Rent will remain at the Forty Percent Income Rent. Borrower shall then rent the next available Unit to a Forty Percent Income Household to comply with the requirements of Section 2.1(b) above, at a Rent not exceeding the maximum Rent specified in Section 2.2(b), or re-designate another comparable July 12, 2016 Contra Costa County Board of Supervisors 1043 9 863\100\1888565.2 Unit in the Development with a Forty Percent Income Household a Forty Percent Income Unit, to comply with the requirements of Section 2.1(b) above. Upon renting the next available Unit in accordance with Section 2.1(b) or re-designating another Unit in the Development as a Forty Percent Income Unit, the Unit with the over-income Tenant will no longer be considered a County-Assisted Unit. (c) Increased Income above Very Low Income but below Low Income Limit. If, upon the annual certification of the income of a Tenant of a Very Low Income Unit, Borrower determines that the income of the Tenant has increased above the qualifying limit for a Very Low Income Household, but not above the qualifying income for a Low Income Household, the Tenant may continue to occupy the Unit and the Tenant's Rent will remain at the Very Low Income Rent. Borrower shall then rent the next available Unit to a Very Low Income Household to comply with the requirements of Section 2.1(c) above, at a Rent not exceeding the maximum Rent specified in Section 2.2(c), or re-designate another comparable Unit in the Development with a Very Low Income Household a Very Low Income Unit, to comply with the requirements of Section 2.1(c) above. Upon renting the next available Unit in accordance with Section 2.1(c) or re-designating another Unit in the Development as a Very Low Income Unit, the Unit with the over-income Tenant will no longer be considered a County-Assisted Unit. (d) Increased Income above Sixty Percent but below Low Income Limit. Subject to Subsection (a) above, if, upon the annual certification of the income of a Tenant of a Sixty Percent Income Unit, Borrower determines that the income of a Sixty Percent Income Household has increased above the qualifying limit for a Sixty Percent Income Household, but not above the qualifying income for a Low Income Household, the Tenant may continue to occupy the Unit and the Tenant's Rent will remain at the Sixty Percent Income Rent. Borrower shall then rent the next available Unit to a Sixty Percent Income Household to comply with the requirements of Section 2.1(d) above, at a Rent not exceeding the maximum Rent specified in Section 2.2(d), or re-designate another comparable Unit in the Development with a Sixty Percent Income Household a Sixty Percent Income Unit, to comply with the requirements of Section 2.1(d) above. Upon renting the next available Unit in accordance with Section 2.1(d) or re- designating another Unit in the Development as a Sixty Percent Income Unit, the Unit with the over-income Tenant will no longer be considered a County-Assisted Unit. (e) Non-Qualifying Household. If, upon the annual certification of the income a Tenant of a County-Assisted Unit, Borrower determines that the Tenant’s income has increased above the qualifying limit for a Low Income Household, the Tenant may continue to occupy the Unit. Upon the expiration of such Tenant's lease, Borrower may: (1) With 60 days’ advance written notice, increase such Tenant’s Rent to the lesser of (i) one-twelfth (1/12) of thirty percent (30%) of the actual Adjusted Income of the Tenant, and (ii) the fair market rent, and (2) Rent the next available Unit to an Extremely Low Income Household, Forty Percent Income Household, Very Low Income Household, or Sixty Percent Income Household as applicable, to comply with the requirements of Section 2.1 above, at a Rent not exceeding the maximum Rent specified in Section 2.2, or designate another comparable July 12, 2016 Contra Costa County Board of Supervisors 1044 10 863\100\1888565.2 Unit that is occupied by an Extremely Low Income Household, Forty Percent Income Household, Very Low Income Household, or Sixty Percent Income Household as applicable, as a County-Assisted Unit, to meet the requirements of Section 2.1 above. On the day that Borrower complies with Section 2.1 in accordance with this Section 2.4(e), the Unit with the over-income Tenant will no longer be considered a County-Assisted Unit. (f) Termination of Occupancy. Upon termination of occupancy of a County- Assisted Unit by a Tenant, such Unit will be deemed to be continuously occupied by a household of the same income level as the initial income level of the vacating Tenant, until such unit is reoccupied, at which time categorization of the Unit will be established based on the occupancy requirements of Section 2.1. ARTICLE 3 INCOME CERTIFICATION; REPORTING; RECORDS 3.1 Income Certification. Borrower shall obtain, complete, and maintain on file, within sixty (60) days before expected occupancy and annually thereafter, income certifications from each Tenant renting any of the County-Assisted Units. Borrower shall make a good faith effort to verify the accuracy of the income provided by the applicant or occupying household, as the case may be, in an income certification. To verify the information, Borrower shall take two or more of the following steps: (i) obtain a pay stub for the most recent pay period; (ii) obtain an income tax return for the most recent tax year; (iii) conduct a credit agency or similar search; (iv) obtain an income verification form from the applicant's current employer; (v) obtain an income verification form from the Social Security Administration and/or the California Department of Social Services if the applicant receives assistance from either of such agencies; or (vi) if the applicant is unemployed and does not have a tax return, obtain another form of independent verification. Where applicable, Borrower shall examine at least two (2) months of relevant source documentation. Copies of Tenant income certifications are to be available to the County upon request. 3.2 Reporting Requirements. (a) Borrower shall submit to the County within one hundred eighty (180) days after the Completion Date, and not later than forty-five (45) days after the close of each calendar year, or such other date as may be requested by the County, a report that includes the following data for each Unit and specifically identifies which Units are County-Assisted Units: (i) Tenant income, (ii) the number of occupants, (iii) the Rent, (iv) the number of bedrooms, and (v) the initial address of each Tenant. To demonstrate continued compliance with Section 2.1 Borrower shall cause each annual report after the initial report to include a record of any subsequent Tenant substitutions and any vacancies in County-Assisted Units that have been filled. (b) Borrower shall submit to the County within forty-five (45) days after receipt of a written request, or such other time agreed to by the County, any other information or completed forms requested by the County in order to comply with reporting requirements of HUD, the State of California, and the County. July 12, 2016 Contra Costa County Board of Supervisors 1045 11 863\100\1888565.2 3.3 Tenant Records. Borrower shall maintain complete, accurate and current records pertaining to income and household size of Tenants. All Tenant lists, applications and waiting lists relating to the Development are to be at all times: (i) separate and identifiable from any other business of Borrower, (ii) maintained as required by the County, in a reasonable condition for proper audit, and (iii) subject to examination during business hours by representatives of the County. Borrower shall retain copies of all materials obtained or produced with respect to occupancy of the Units for a period of at least five (5) years. The County may examine and make copies of all books, records or other documents of Borrower that pertain to the Development. 3.4 Development Records. (a) Borrower shall keep and maintain at the principal place of business of the Borrower set forth in Section 6.11 below, or elsewhere with the County's written consent, full, complete and appropriate books, records and accounts relating to the Development. Borrower shall cause all books, records and accounts relating to its compliance with the terms, provisions, covenants and conditions of the Loan Documents to be kept and maintained in accordance with generally accepted accounting principles consistently applied, and to be consistent with requirements of this County Regulatory Agreement. Borrower shall cause all books, records, and accounts to be open to and available for inspection and copying by HUD, the County, its auditors or other authorized representatives at reasonable intervals during normal business hours. Borrower shall cause copies of all tax returns and other reports that Borrower may be required to furnish to any government agency to be open for inspection by the County at all reasonable times at the place that the books, records and accounts of Borrower are kept. Borrower shall preserve such records (including the records required under the HOME/HOPWA Regulatory Agreement) for a period of not less than five (5) years after their creation in compliance with all HUD records and accounting requirements. If any litigation, claim, negotiation, audit exception, monitoring, inspection or other action relating to the use of the Loan is pending at the end of the record retention period stated herein, then Borrower shall retain the records until such action and all related issues are resolved. Borrower shall cause the records to include all invoices, receipts, and other documents related to expenditures from the Loan funds. Borrower shall cause records to be accurate and current and in a form that allows the County to comply with the record keeping requirements contained in 24 C.F.R. 92.508, 24 C.F.R. 574.450, and 24 C.F.R. 574.530. Such records are to include but are not limited to: (i) Records providing a full description of the activities undertaken with the use of the Loan funds; (ii) Records demonstrating compliance with the maintenance requirements set forth in Section 5.6; (iii) Records documenting compliance with the fair housing, equal opportunity, and affirmative fair marketing requirements; (iv) Financial records; and July 12, 2016 Contra Costa County Board of Supervisors 1046 12 863\100\1888565.2 (v) Records demonstrating compliance with the marketing, tenant selection, social services, affordability, and income requirements. (b) The County shall notify Borrower of any records it deems insufficient. Borrower has fifteen (15) calendar days after the receipt of such a notice to correct any deficiency in the records specified by the County in such notice, or if a period longer than fifteen (15) days is reasonably necessary to correct the deficiency, then Borrower must begin to correct the deficiency within fifteen (15) days and correct the deficiency as soon as reasonably possible. ARTICLE 4 OPERATION OF THE DEVELOPMENT 4.1 Residential Use. Borrower shall operate the Development for residential use only. No part of the Development may be operated as transient housing. 4.2 Compliance with Loan Documents and Program Requirements. Borrower's actions with respect to the Property shall at all times be in full conformity with: (i) all requirements of the Loan Documents; and (ii) any other regulatory requirements imposed on the Development. 4.3 Marketing Plan; Tenant Selection Plan; and Social Services Plan. (a) Marketing Plan. (1) No later than six (6) months prior to the date construction of the Development is projected to be complete, Borrower shall submit to the County for approval its plan for marketing the Development to income-eligible households and HOPWA-Eligible Households as required by this County Regulatory Agreement (the "Marketing Plan"). The Marketing Plan must include information on affirmative marketing efforts and compliance with fair housing laws and 24 C.F.R. 92.351(a). (2) Upon receipt of the Marketing Plan, the County will promptly review the Marketing Plan and will approve or disapprove it within fifteen (15) days after receipt. If the Marketing Plan is not approved, the County will give Borrower specific reasons for such disapproval and Borrower shall submit a revised Marketing Plan within fifteen (15) days of notification of the County's disapproval. Borrower shall follow this procedure for resubmission of a revised Marketing Plan until the Marking Plan is approved by the County. If the Borrower does not submit a revised Marketing Plan that is approved by the County at least three (3) months prior to the date completion of the Development is projected to be complete, Borrower will be in default of this County Regulatory Agreement. July 12, 2016 Contra Costa County Board of Supervisors 1047 13 863\100\1888565.2 (b) Tenant Selection Plan. (1) No later than six (6) months prior to the date construction of the Development is projected to be complete, Borrower shall submit to the County, for its review and approval, Borrower's written tenant selection plan (the "Tenant Selection Plan"). Borrower's Tenant Selection Plan must, at a minimum, meet the requirements for tenant selection set out in 24 C.F.R. Part 574 and 24 C.F.R. 92.253(d), and any modifications thereto. (2) Upon receipt of the Tenant Selection Plan, the County will promptly review the Tenant Selection Plan and will approve or disapprove it within fifteen (15) days after receipt. If the Tenant Selection Plan is not approved, the County will give Borrower specific reasons for such disapproval and Borrower shall submit a revised Tenant Selection Plan within fifteen (15) days of notification of the County's disapproval. Borrower shall follow this procedure for resubmission of a revised Tenant Selection Plan until the Tenant Selection Plan is approved by the County. If the Borrower does not submit a revised Tenant Selection Plan that is approved by the County at least three (3) months prior to the date construction of the Development is projected to be complete, Borrower will be in default of this County Regulatory Agreement. (c) Social Services Plan. (1) No later than six (6) months prior to the date construction of the Development is projected to be complete, Borrower shall submit to the County for approval its plan for providing social services from qualified service providers to the HOPWA-Eligible Households of the Development as required by 24 C.F.R. Section 574.310(a)(1) and the HOME/HOPWA Regulatory Agreement (the "Social Services Plan"). (2) Upon receipt of the Social Services Plan, the County will promptly review the Social Services Plan and will approve or disapprove it within fifteen (15) days after receipt. If the Social Services Plan is not approved, the County will give Borrower specific reasons for such disapproval and Borrower shall submit a revised Social Services Plan within fifteen (15) days of notification of the County's disapproval. Borrower shall follow this procedure for resubmission of a revised Social Services Plan until the Social Services Plan is approved by the County. If the Borrower does not submit a revised Social Services Plan that is approved by the County at least three (3) months prior to the date construction of the Development is projected to be complete, Borrower will be in default of this County Regulatory Agreement. 4.4 Lease Provisions. (a) No later than four (4) months prior to the date construction of the Development is projected to be complete, Borrower shall submit to the County for approval Borrower’s proposed form of lease agreement for the County's review and approval. When leasing Units within the Development, Borrower shall use the form of lease approved by the County. The form of lease must comply with all requirements of this County Regulatory Agreement, the other Loan Documents and must, among other matters: July 12, 2016 Contra Costa County Board of Supervisors 1048 14 863\100\1888565.2 (1) provide for termination of the lease for failure to: (i) provide any information required under this County Regulatory Agreement or reasonably requested by Borrower to establish or recertify the Tenant's qualification, or the qualification of the Tenant's household, for occupancy in the Development in accordance with the standards set forth in this County Regulatory Agreement, or (ii) qualify as an Extremely Low Income Household, Forty Percent Income Household, Very Low Income Household, or Sixty Percent Income Household as a result of any material misrepresentation made by such Tenant with respect to the income computation. (2) be for an initial term of not less than one (1) year, unless by mutual agreement between the Tenant and Borrower, and provide for no increase in Rent during such year. After the initial year of tenancy, the lease may be month-to-month by mutual agreement of Borrower and the Tenant. Notwithstanding the above, any rent increases are subject to the requirements of Section 2.3 above. (3) include a provision that requires a Tenant who is residing in a Unit required to be accessible pursuant to Section 2.1(f) and who is not in need of an accessible Unit to move to a non-accessible Unit when a non-accessible Unit becomes available and another Tenant or prospective Tenant is in need of an accessible Unit. (b) Any termination of a lease or refusal to renew a lease for a County- Assisted Unit must be preceded by not less than sixty (60) days written notice to the Tenant b y Borrower specifying the grounds for the action. (c) During the Term, Borrower shall comply with the Marking Plan, Social Services Plan, and Tenant Selection Plan approved by the County. ARTICLE 5 PROPERTY MANAGEMENT AND MAINTENANCE 5.1 Management Responsibilities. Borrower is responsible for all management functions with respect to the Development, including without limitation the selection of Tenants, certification and recertification of household size and income, evictions, collection of rents and deposits, maintenance, landscaping, routine and extraordinary repairs, replacement of capital items, and security. The County has no responsibility for management of the Development. Borrower shall retain a professional property management company approved by the County in its reasonable discretion to perform Borrower's management duties hereunder. An on-site property manager is also required. 5.2 Management Agent. Borrower shall cause the Development to be managed by an experienced management agent reasonably acceptable to the County, with a demonstrated ability to operate residential facilities like the Development in a manner that will provide decent, safe, and sanitary housing (the "Management Agent"). The County has approved The John Stewart Company as the Management Agent. Borrower shall submit for the County's approval the identity of any proposed subsequent management agent. Borrower shall also submit such July 12, 2016 Contra Costa County Board of Supervisors 1049 15 863\100\1888565.2 additional information about the background, experience and financial condition of any proposed management agent as is reasonably necessary for the County to determine whether the proposed management agent meets the standard for a qualified management agent set forth above. If the proposed management agent meets the standard for a qualified management agent set forth above, the County shall approve the proposed management agent by notifying Borrower in writing. Unless the proposed management agent is disapproved by the County within thirty (30) days, which disapproval is to state with reasonable specificity the basis for disapproval, it shall be deemed approved. 5.3 Periodic Performance Review. The County reserves the right to conduct an annual (or more frequently, if deemed necessary by the County) review of the management practices and financial status of the Development. The purpose of each periodic review will be to enable the County to determine if the Development is being operated and managed in accordance with the requirements and standards of this County Regulatory Agreement. Borrower shall cooperate with the County in such reviews. 5.4 Replacement of Management Agent. If, as a result of a periodic review, the County determines in its reasonable judgment that the Development is not being operated and managed in accordance with any of the material requirements and standards of this County Regulatory Agreement, the County shall deliver notice to Borrower of its intention to cause replacement of the Management Agent, including the reasons therefor. Within fifteen (15) days after receipt by Borrower of such written notice, the County staff and Borrower shall meet in good faith to consider methods for improving the financial and operating status of the Development, including, without limitation, replacement of the Management Agent. If, after such meeting, County staff recommends in writing the replacement of the Management Agent, Borrower shall promptly dismiss the then-current Management Agent, and shall appoint as the Management Agent a person or entity meeting the standards for a management agent set forth in Section 5.2 above and approved by the County pursuant to Section 5.2 above. Any contract for the operation or management of the Development entered into by Borrower shall provide that the Management Agent may be dismissed and the contract terminated as set forth above. Failure to remove the Management Agent in accordance with the provisions of this Section constitutes a default under this County Regulatory Agreement, and the County may enforce this provision through legal proceedings as specified in Section 6.5 below. 5.5 Approval of Management Policies. Borrower shall submit its written management policies with respect to the Development to the County for its review, and shall amend such policies in any way necessary to ensure that such policies comply with the provisions of this County Regulatory Agreement. 5.6 Property Maintenance. (a) Borrower shall maintain, for the entire Term of this County Regulatory Agreement, all interior and exterior Improvements, including landscaping in decent, safe and sanitary condition, and in good condition and repair, in accordance with the maintenance July 12, 2016 Contra Costa County Board of Supervisors 1050 16 863\100\1888565.2 standards provided by the County (the "Maintenance Standards"). Borrower shall cause the Development to be: (i) maintained in accordance with all applicable laws, rules, ordinances, orders and regulations of all federal, state, county, municipal, and other governmental agencies and bodies having or claiming jurisdiction and all their respective departments, bureaus, and officials; and (ii) free of all health and safety defects. Borrower shall correct any life-threatening maintenance deficiencies, including those set forth in the Maintenance Standards immediately upon notification. (b) At the beginning of each year of the Term, Borrower shall certify to the County that the Development is in compliance with the Maintenance Standards. 5.7 Property Inspections. (a) On-Site Physical Inspections. The County will perform on-site inspections of the Development during the Term to ensure compliance with the Maintenance Standards. The County will perform an on-site inspection within twelve months after completion of construction of the Development and at least once every three (3) years during the Term. If the Development is found to have health and safety violations, the County may perform more frequent inspections. Borrower shall cooperate in such inspections. (b) Violation of Maintenance Standards. If after an inspection, the County determines that Borrower is in violation of the Maintenance Standards, the County will provide Borrower a written report of the violations. Borrower shall correct the violations set forth in the report provided to Borrower by County. The County will perform a follow-up inspection to verify that the violations have been corrected. If such violations continue for a period of ten (10) days after delivery of the report to Borrower by the County with respect to graffiti, debris, waste material, and general maintenance, or thirty (30) days after delivery of the report to Borrower by the County with respect to landscaping and building improvements, then the County, in addition to whatever other remedy it may have at law or in equity, has the right to enter upon the Property and perform or cause to be performed all such acts and work necessary to cure the violation. Pursuant to such right of entry, the County is permitted (but is not required) to enter upon the Property and to perform all acts and work necessary to protect, maintain, and preserve the improvements and landscaped areas on the Property, and to attach a lien on the Property, or to assess the Property, in the amount of the expenditures arising from such acts and work of protection, maintenance, and preservation by the County and/or costs of such cure, which amount Borrower shall promptly pay to the County upon demand. ARTICLE 6 MISCELLANEOUS 6.1 Nondiscrimination. (a) All of the Units must be available for occupancy on a continuous basis to members of the general public who are income eligible. Borrower may not give preference to any particular class or group of persons in renting or selling the Units, except to the extent that July 12, 2016 Contra Costa County Board of Supervisors 1051 17 863\100\1888565.2 the Units are required to be leased to income eligible households pursuant to this County Regulatory Agreement and the HOME/HOPWA Regulatory Agreement. Borrower herein covenants by and for Borrower, assigns, and all persons claiming under or through Borrower, that there exist no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, sexual orientation, marital status, national origin, source of income (e.g., SSI), ancestry, or disability, in the leasing, subleasing, transferring, use, occupancy, tenure, or enjoyment of any unit nor will Borrower or any person claiming under or through Borrower, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy, of tenants, lessees, sublessees, subtenants, or vendees of any unit or in connection with the employment of persons for the construction, operation and management of any unit. (b) Borrower shall accept as Tenants, on the same basis as all other prospective Tenants, persons who are recipients of federal certificates for rent subsidies pursuant to the existing housing program under Section 8 of the United States Housing Act, or its successor. Borrower may not apply selection criteria to Section 8 certificate or voucher holders that is more burdensome than criteria applied to all other prospective Tenants, nor will Borrower apply or permit the application of management policies or lease provisions with respect to the Development which have the effect of precluding occupancy of units by such prospective Tenants. 6.2 Application of Provisions. The provisions of this County Regulatory Agreement apply to the Property for the entire Term even if the Loan is paid in full prior to the end of the Term. This County Regulatory Agreement binds any successor, heir or assign of Borrower, whether a change in interest occurs voluntarily or involuntarily, by operation of law or otherwise, except as expressly released by the County. The County is making the Loan on the condition, and in consideration of, this provision, and would not do so otherwise. 6.3 Notice of Expiration of Term. (a) At least six (6) months prior to the expiration of the Term, Borrower shall provide by first-class mail, postage prepaid, a notice to all Tenants containing (i) the anticipated date of the expiration of the Term, (ii) any anticipated increase in Rent upon the expiration of the Term, (iii) a statement that a copy of such notice will be sent to the County, and (iv) a statement that a public hearing may be held by the County on the issue and that the Tenant will receive notice of the hearing at least fifteen (15) days in advance of any such hearing. Borrower shall also file a copy of the above-described notice with the County Deputy Director-Current Planning. (b) In addition to the notice required above, Borrower shall comply with the requirements set forth in California Government Code Sections 65863.10 and 65863.11. Such notice requirements include: (i) a twelve (12) month notice to existing tenants, prospective tenants and Affected Public Agencies (as defined in California Government Code Section 65863.10(a)) prior to the expiration of the Term, (ii) a six (6) month notice requirement to existing tenants, prospective tenants and Affected Public Agencies prior to the expiration of the Term; (iii) a notice of an offer to purchase the Development to "qualified entities" (as defined in California Government Code Section 65863.11(d)), if the Development is to be sold within five July 12, 2016 Contra Costa County Board of Supervisors 1052 18 863\100\1888565.2 (5) years of the end of the Term; (iv) a notice of right of first refusal within the one hundred eighty (180) day period that qualified entities may purchase the Development. 6.4 Covenants to Run With the Land. The County and Borrower hereby declare their express intent that the covenants and restrictions set forth in this County Regulatory Agreement run with the land, and bind all successors in title to the Property, provided, however, that on the expiration of the Term said covenants and restrictions expire. Each and every contract, deed or other instrument hereafter executed covering or conveying the Property or any portion thereof, is to be held conclusively to have been executed, delivered and accepted subject to the covenants and restrictions, regardless of whether such covenants or restrictions are set forth in such contract, deed or other instrument, unless the County expressly releases such conveyed portion of the Property from the requirements of this County Regulatory Agreement. 6.5 Enforcement by the County. If Borrower fails to perform any obligation under this County Regulatory Agreement, and fails to cure the default within thirty (30) days after the County has notified Borrower in writing of the default or, if the default cannot be cured within thirty (30) days, fails to commence to cure within thirty (30) days and thereafter diligently pursue such cure and complete such cure within sixty (60) days, the County may enforce this County Regulatory Agreement by any or all of the following actions, or any other remedy provided by law: (a) Calling the Loan. The County may declare a default under the Note, accelerate the indebtedness evidenced by the Note, and proceed with foreclosure under the Deed of Trust. (b) Action to Compel Performance or for Damages. The County may bring an action at law or in equity to compel Borrower's performance of its obligations under this County Regulatory Agreement, and may seek damages. (c) Remedies Provided Under Loan Documents. The County may exercise any other remedy provided under the Loan Documents. The County shall provide notice of a default to Borrower's limited partner in the manner set forth in Section 6.5 of the Loan Agreement. 6.6 Attorneys' Fees and Costs. In any action brought to enforce this County Regulatory Agreement, the prevailing party must be entitled to all costs and expenses of suit, including reasonable attorneys' fees. This section must be interpreted in accordance with California Civil Code Section 1717 and judicial decisions interpreting that statute. 6.7 Recording and Filing. The County and Borrower shall cause this County Regulatory Agreement, and all amendments and supplements to it, to be recorded in the Official Records of the County of Contra Costa. 6.8 Governing Law. This County Regulatory Agreement is governed by the laws of the State of California. July 12, 2016 Contra Costa County Board of Supervisors 1053 19 863\100\1888565.2 6.9 Waiver of Requirements. Any of the requirements of this County Regulatory Agreement may be expressly waived by the County in writing, but no waiver by the County of any requirement of this County Regulatory Agreement extends to or affects any other provision of this County Regulatory Agreement, and may not be deemed to do so. 6.10 Amendments. This County Regulatory Agreement may be amended only by a written instrument executed by all the parties hereto or their successors in title that is duly recorded in the official records of the County of Contra Costa. 6.11 Notices. Any notice requirement set forth herein will be deemed to be satisfied three (3) days after mailing of the notice first-class United States certified mail, postage prepaid, addressed to the appropriate party as follows: County: County of Contra Costa Department of Conservation and Development 30 Muir Road Martinez, CA 94553 Attn: Affordable Housing Program Manager Borrower: Riviera Family Apartments, L.P. c/o RCD GP, LLC 2220 Oxford Street Berkeley, CA 94720 Attention: Executive Director Investor Limited Partner: Wells Fargo Affordable Housing Community Development Corporation MAC D1053-170 301 South College Street Charlotte, NC 28288 Attention: Director of Tax Credit Asset Management Such addresses may be changed by notice to the other party given in the same manner as provided above. 6.12 Severability. If any provision of this County Regulatory Agreement is determined by a court of competent jurisdiction to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining portions of this County Regulatory Agreement will not in any way be affected or impaired thereby. 6.13 Multiple Originals; Counterparts. This County Regulatory Agreement may be executed in multiple originals, each of which is deemed to be an original, and may be signed in counterparts. July 12, 2016 Contra Costa County Board of Supervisors 1054 20 863\100\1888565.2 6.14 HOME/HOPWA Regulatory Agreement. The County and Borrower are entering into the HOME/HOPWA Regulatory Agreement concurrently with this County Regulatory Agreement. The HOME/HOPWA Regulatory Agreement will be in effect for twenty-one (21) years from the Completion Date (the "HOME Term") and include HOME and HOPWA requirements applicable to the use of HOME Funds and HOPWA Funds. Compliance with the terms of the HOME/HOPWA Regulatory Agreement will be deemed compliance with this County Regulatory Agreement during the HOME Term. In the event of a conflict between this County Regulatory Agreement and the HOME/HOPWA Regulatory Agreement during the HOME Term, the terms of the HOME/HOPWA Regulatory Agreement will prevail. [remainder of page intentionally left blank] July 12, 2016 Contra Costa County Board of Supervisors 1055 21 Signature page County Regulatory Agreement 863\100\1888565.2 WHEREAS, this County Regulatory Agreement has been entered into by the undersigned as of the date first written above. COUNTY: COUNTY OF CONTRA COSTA, a political subdivision of the State of California By: __________________ Its:____________________ Approved as to form: SHARON L. ANDERSON County Counsel By: Kathleen Andrus Deputy County Counsel BORROWER: Riviera Family Apartments, L.P., a California limited partnership By: RCD GP LLC, a California limited liability company, its general partner By: Resources for Community Development, a California nonprofit public benefit corporation, its sole member/manager By:_______________________ Daniel Sawislak, Executive Director July 12, 2016 Contra Costa County Board of Supervisors 1056 863\100\1888565.2 STATE OF CALIFORNIA ) ) COUNTY OF __________________ ) On ____________________, before me, ___________________________, Notary Public, personally appeared ______________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify UNDER PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ______________________________________ Name: ______________________________ Notary Public A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. July 12, 2016 Contra Costa County Board of Supervisors 1057 863\100\1888565.2 STATE OF CALIFORNIA ) ) COUNTY OF __________________ ) On ____________________, before me, ___________________________, Notary Public, personally appeared ______________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify UNDER PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ______________________________________ Name: ______________________________ Notary Public A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. July 12, 2016 Contra Costa County Board of Supervisors 1058 A-1 863\100\1888565.2 EXHIBIT A Legal Description The land is situated in the State of California, County of Contra Costa, and is described as follows: July 12, 2016 Contra Costa County Board of Supervisors 1059 863\100\1886122.4 1 RECORDING REQUESTED PURSUANT AND WHEN RECORDED MAIL TO: Contra Costa County Department of Conservation and Development 30 Muir Road Martinez, CA 94553 Attn: Affordable Housing Program Manager No fee for recording pursuant to Government Code Section 27383 __________________________________________________________________________ INTERCREDITOR AGREEMENT (Riviera Family Apartments) This Intercreditor Agreement (the "Agreement") is dated July 15, 2016, and is among the City of Walnut Creek, a municipal corporation (the "City"), the County of Contra Costa, a political subdivision of the State of California (the "County"), and Riviera Family Apartments, L.P., a California limited partnership ("Borrower"), with reference to the following facts: RECITALS A. Defined terms used but not defined in these recitals are as defined in Section 1 of this Agreement. B. Borrower is the owner of that certain real property located at 1716-1738 Riviera Avenue and 1511-1515 Riviera Avenue in the City of Walnut Creek, County of Contra Costa, State of California, as more particularly described in Exhibit A (the "Property"). Borrower intends to construct fifty-eight (58) multifamily housing units on the Property (the "Development"). The Development as well as all landscaping, roads and parking spaces on the Property and any additional improvements on the Property, are the "Improvements". C. The County is making a loan to Borrower of One Million Dollars ($1,000,000) of HOME Investment Partnerships Act Program funds (the "HOME Loan") and One Million Dollars ($1,000,000) of Housing Opportunities for Persons with AIDS Program funds (the "HOPWA Loan"), for a combined total loan amount of Two Million Dollars ($2,000,000) (the "County Loan"). The County Loan is evidenced by the following documents (among others), each of even date herewith: (i) HOME and HOPWA Loan Agreement by and between Borrower and the County (the "County Loan Agreement"), (ii) Deed of Trust With Assignment of Rents, Security Agreement and Fixture Filing executed by Borrower for the benefit of the County (the "County Deed of Trust"), and (iii) Promissory Note executed by Borrower for the benefit of the County in the amount of the County Loan (the "County Note"). D. The City previously made a loan to Borrower in the amount of Five Million Dollars ($5,000,000) and is increasing that loan concurrently herewith by One Million Dollars July 12, 2016 Contra Costa County Board of Supervisors 1060 863\100\1886122.4 2 for a total loan of Six Million Dollars ($6,000,000) (the "City Loan"). The City Loan is evidenced by the following documents (among others): (i) City Loan Agreement by and between Borrower and the City dated February 25, 2014, as amended by a First Amendment to City Loan Agreement and a Second Amendment to City Loan Agreement (collectively, the "City Loan Agreement"); (ii) Amended and Restated City Deed of Trust (1716-1738 Riviera Avenue), and Second Amended and Restated City Deed of Trust (1511-1515 Riviera Avenue) to be executed by Borrower for the benefit of the City (collectively, the "City Deed of Trust"); and (iii) Second Amended and Restated City Promissory Note to be executed by Borrower for the benefit of the City in the amount of the City Loan (the "City Note"). E. The City and the County agree that the County Deed of Trust will be subordinate to the City Deed of Trust, and desire to divide (i) the proceeds of any foreclosure, condemnation or insurance claim, (ii) the Lenders' Share of Residual Receipts, and (iii) the Borrower's Shared Portion of Residual Receipts. NOW, THEREFORE, the Parties agree as follows: AGREEMENT 1. Definitions. The following terms have the following meanings: (a) "Adjusted AHSC Loan" means, to the extent less than the full amount of the AHSC Loan is funded, an amount equal to the actual principal amount loaned to Borrower by HCD pursuant to the documents between Borrower and HCD evidencing the AHSC Loan. If the full amount of the AHSC Loan is funded, the Adjusted AHSC Loan is equal to the AHSC Loan. (b) "Adjusted City Loan" means, to the extent less than the full amount of the City Loan is funded, an amount equal the actual principal amount loaned to Borrower by the City pursuant to the City Loan Agreement minus any Special City Loan Payment. If the full amount of the City Loan is funded and no portion repaid as a Special City Loan Payment, the Adjusted City Loan is equal to the City Loan. (c) "Adjusted HOME Loan" means, to the extent less than the full amount of the HOME Loan is funded, an amount equal to the actual principal amount loaned to Borrower by the County pursuant to the County Loan Agreement minus any Special County Loan Payment. If the full amount of the HOME Loan is funded and no portion repaid as a Special County Loan Payment, the Adjusted HOME Loan is equal to the HOME Loan. (d) "Adjusted HOPWA Loan" means, to the extent less than the full amount of the HOPWA Loan is funded, an amount equal to the actual principal amount loaned to Borrower by the County pursuant to the County Loan Agreement. If the full amount of the HOPWA Loan is funded, the Adjusted HOPWA Loan is equal to the HOPWA Loan. (e) "AHP Funds" means the affordable housing program funds administered by the Federal Home Loan Bank of San Francisco, for which Borrower intends to apply in the approximate amount of Five Hundred Seventy Thousand Dollars ($570,000). July 12, 2016 Contra Costa County Board of Supervisors 1061 863\100\1886122.4 3 (f) "AHSC" has the meaning set forth in Section 1.1(l)(iv). (g) "AHSC Loan" has the meaning set forth in Section 1.1(l)(iv). (h) "AHSC Sponsor Loan" has the meaning set forth in Section 1.1(l)(v). (i) "Annual County Loan Payment" has the meaning in Section 2(a). (j) "Annual City Loan Payment" has the meaning in Section 2(b). (k) "Annual Operating Expenses" means for each calendar year, the following costs reasonably and actually incurred for operation and maintenance of the Development: i. property taxes and assessments imposed on the Development; ii. debt service currently due on a non-optional basis (excluding debt service due from residual receipts or surplus cash of the Development) on the NOI Permanent Loan and Section 8 Permanent Loan; iii. on-site service provider fees for tenant social services, provided the County and City have approved, in writing, the plan and budget for such services before such services begin; iv. fees paid to the Government Lender with respect to the Government Lender Notes; v. payment to HCD of a portion of the accrued interest on the AHSC Loan pursuant to California Code of Regulations, Title 25, Section 7308; vi. property management fees and reimbursements, on–site property management office expenses, and salaries of property management and maintenance personnel, not to exceed amounts that are standard in the industry and which are pursuant to a management contract approved by the County and the City; vii. the Partnership/Asset Fee; viii. fees for accounting, audit, and legal services incurred by Borrower's general partner in the asset management of the Development, not to exceed amounts that are standard in the industry, to the extent such fees are not included in the Partnership/Asset Fee; ix. premiums for insurance required for the Improvements to satisfy the requirements of any lender of Approved Financing; x. utility services not paid for directly by tenants, including water, sewer, and trash collection; xi. maintenance and repair expenses and services; July 12, 2016 Contra Costa County Board of Supervisors 1062 863\100\1886122.4 4 xii. any annual license or certificate of occupancy fees required for operation of the Development; xiii. security services; xiv. advertising and marketing; xv. cash deposited into the Replacement Reserve Account in the amount set forth in Section 4.2(a) of the County Loan Agreement; xvi. cash deposited into the Operating Reserve Account to maintain the amount set forth in Section 4.2(b) of the County Loan Agreement (excluding amounts deposited to initially capitalize the account); xvii. payment of any previously unpaid portion of Developer Fee (without interest), not to exceed the amount set forth in Section 3.17 of the County Loan Agreement; xviii. extraordinary operating costs specifically approved in writing by the County and the City; xix. payments of deductibles in connection with casualty insurance claims not normally paid from reserves, the amount of uninsured losses actually replaced, repaired or restored, and not normally paid from reserves, and other ordinary and reasonable operating expenses approved in writing by the County and the City and not listed above. Annual Operating Expenses do not include the following: depreciation, amortization, depletion or other non-cash expenses, initial deposits to capitalize a reserve account, any amount expended from a reserve account, and any capital cost associated with the Development. (l) "Approved Financing" means all of the following loans, grants and equity obtained by Borrower and approved by the County and the City for the purpose of financing the acquisition of the Property and construction of the Development in addition to the County Loan and the City Loan: i. County of Contra Costa Multifamily Housing Revenue Note (Riviera Family Apartments), Series 2016C Promissory Note C-1issued by the County of Contra Costa (the "Government Lender") in the approximate amount of Seventeen Million Seventy Thousand Seven Hundred Ninety-Eight Dollars ($17,070,798) (the "Government Lender Note #1"), the proceeds of which are loaned to Borrower by the Government Lender pursuant to a funding loan to the Government Lender by the Bank (the "Tax Exempt Bank Loan") which will convert to a net operating income underwritten permanent loan in the approximate amount of One Million Seven Hundred Eighty Thousand Two Hundred Dollars ($1,780,200) (the "NOI Permanent Loan"); July 12, 2016 Contra Costa County Board of Supervisors 1063 863\100\1886122.4 5 ii. County of Contra Costa Multifamily Housing Revenue Note (Riviera Family Apartments), Series 2016C Promissory Note C-2 issued by the Government Lender in the approximate amount of Two Million Eight Hundred Forty-Six Thousand Two Hundred Two Dollars ($2,846,202) (the "Government Lender Note #2") the proceeds of which are loaned to Borrower by the Government Lender pursuant to a funding loan to the Government Lender by the Bank and are underwritten by Project Based Section-8 revenue (the "Section 8 Permanent Loan"); iii. County of Contra Costa Multifamily Housing Revenue Note (Riviera Family Apartments), Series 2016C Promissory Note C-3 issued by the Government Lender in the approximate amount of Seven Hundred Seventeen Thousand Dollars ($717,000) (the "Government Lender Note #3"), the proceeds of which are loaned to Borrower by the Government Lender pursuant to a funding loan to the Government Lender by the Bank (the "Taxable Bank Loan"); iv. loan of Affordable Housing Sustainable Communities ("AHSC") funds from the California Department of Housing and Community Development ("HCD") in the approximate amount of Two Million Six Hundred Fourteen Thousand Four Hundred Fifty Dollars ($2,614,450) (the "AHSC Loan"); v. loan from RCD of Affordable Housing Sustainable Communities grant funds received from HCD in the approximate amount of Two Million Three Hundred Forty-Two Thousand One Hundred Sixty Dollars ($2,342,160) (the "AHSC Sponsor Loan"); vi. loan from RCD of Proposition 1C Infill Incentive Grant Program funds received from HCD in the approximate amount of Two Million Eight Hundred Thousand Two Hundred Forty Dollars ($2,800,240) (the "Infill Loan"); vii. the Low Income Housing Tax Credit investor equity funds in the approximate amount of Seventeen Million Five Hundred Fifty-Four Thousand One Hundred Sixty-Nine Dollars ($17,554,169) (the "Tax Credit Investor Equity") provided by the Investor Limited Partner; and viii. the capital contribution from Borrower's general partner in the approximate amount of Sixty Seven Thousand Six Hundred Dollars ($67,600) (the "GP Capital Contribution"). (m) "Available Net Proceeds" means the result obtained by multiplying the Net Proceeds of Permanent Financing by 0.75. (n) "Bank" means MUFG Union Bank, N.A. (o) "Borrower's Shared Portion of Residual Receipts" means twenty-five percent (25%) of Residual Receipts. July 12, 2016 Contra Costa County Board of Supervisors 1064 863\100\1886122.4 6 (p) "City Additional Prorata Share" means the result obtained by dividing the Adjusted City Loan by the sum of the Adjusted City Loan, the Adjusted HOME Loan and the Adjusted HOPWA Loan. (q) "City Deed of Trust" has the meaning set forth in Paragraph D of the Recitals. (r) "City Loan" has the meaning set forth in Paragraph D of the Recitals. (s) "City Loan Agreement" has the meaning set forth in Paragraph D of the Recitals. (t) "City Loan Prorata Percentage" means the result, expressed as a percentage, obtained by dividing the Adjusted City Loan by the sum of the Adjusted HOME Loan, the Adjusted HOPWA Loan, the Adjusted City Loan, and the Adjusted AHSC Loan. (u) "City Note" has the meaning set forth in Paragraph D of the Recitals. (v) "Completion Date" means the date a final certificate of occupancy, or equivalent document is issued by the City to certify that the Development may be legally occupied. (w) "County Additional Prorata Share" means the result obtained by dividing (1) the sum of the Adjusted HOME Loan and the Adjusted HOPWA Loan, by (2) the sum of the Adjusted HOME Loan, the Adjusted HOPWA Loan, and the Adjusted City Loan. (x) "County Deed of Trust" has the meaning set forth in Paragraph C of the Recitals. (y) "County Loan" has the meaning set forth in Paragraph C of the Recitals. (z) "County Loan Agreement" has the meaning set forth in Paragraph C of the Recitals. (aa) "County Loan Prorata Percentage" means the result, expressed as a percentage, obtained by dividing the sum of (1) the Adjusted HOME Loan and the Adjusted HOPWA Loan, by (2) the sum of the Adjusted HOME Loan, the Adjusted HOPWA Loan, the Adjusted City Loan, and the Adjusted AHSC Loan. (bb) "County Note" has the meaning set forth in Paragraph C of the Recitals. (cc) "Deeds of Trust" mean the City Deed of Trust and the County Deed of Trust. (dd) "Default Rate" means a rate of interest equal to the lesser of the maximum rate permitted by law and ten percent (10%) per annum. July 12, 2016 Contra Costa County Board of Supervisors 1065 863\100\1886122.4 7 (ee) "Developer Fee" has the meaning set forth in Section 3.17 of the County Loan Agreement. (ff) "Development" has the meaning set forth in Paragraph B of the Recitals. (gg) "Enforcing Party" has the meaning set forth in Section 6(b). (hh) "Fifteen Year Compliance Period" means the fifteen (15)-year compliance period as described in Section 42(i)(1) of the Internal Revenue Code of 1986, as amended. (ii) "Final Cost Certification" means the Final Cost Certification Sources and Uses of Funds prepared by Borrower for the Development that (1) Borrower submits to the California Tax Credit Allocation Committee, and (2) has been prepared using generally accepted accounting standards in effect in the United States of America from time to time, consistently applied. (jj) "Final Development Cost" means the total of the cost of acquisition and construction of the Development as shown on the Final Cost Certification. (kk) "Foreclosure Net Proceeds" means the proceeds that result from a foreclosure, or any other action, whether judicial or non-judicial, less (i) all amounts paid to any senior lien holder, and (ii) expenses incurred by a lender that is a Party to this Agreement in connection with such foreclosure or other action. (ll) Government Lender" has the meaning set forth in Section 1.1(l)(i). (mm) "Government Lender Note #1" has the meaning set forth in Section 1.1(l)(i). (nn) "Government Lender Note #2" has the meaning set forth in Section 1.1(l)(ii). (oo) "Government Lender Note #3" has the meaning set forth in Section 1.1(l)(iii). (pp) "Government Lender Notes" means the Government Lender Tax Exempt Note #1, the Government Lender Tax Exempt Note #2, and Government Lender Taxable Note. (qq) "GP Capital Contribution" has the meaning set forth in Section 1(l)(viii). (rr) "Gross Revenue" means for each calendar year, all revenue, income, receipts, and other consideration actually received from the operation and leasing of the Development. Gross Revenue includes, but is not limited to: (i) all rents, fees and charges paid by tenants; (ii) Section 8 payments or other rental subsidy payments received for the dwelling units; July 12, 2016 Contra Costa County Board of Supervisors 1066 863\100\1886122.4 8 (iii) deposits forfeited by tenants; (iv) all cancellation fees; (v) price index adjustments and any other rental adjustments to leases or rental agreements; (vi) net proceeds from vending and laundry room machines; (vii) the proceeds of business interruption or similar insurance not paid to senior lenders; (viii) the proceeds of casualty insurance not used to rebuild the Development and not paid to senior lenders; and (ix) condemnation awards for a taking of part or all of the Development for a temporary period. Gross Revenue does not include tenants' security deposits, loan proceeds, capital contributions or similar advances. (ss) "HCD" has the meaning set forth in Section 1(l)(iv). (tt) "HOME Loan" has the meaning set forth in Paragraph C of the Recitals. (uu) "HOPWA Loan" has the meaning set forth in Paragraph C of the Recitals. (vv) "Improvements" has the meaning set forth in Paragraph B of the Recitals. (ww) "Infill Loan" has the meaning set forth in Section 1.1(l)(vi). (xx) "Investor Limited Partner" means Wells Fargo Affordable Housing Community Development Corporation, a North Carolina corporation, its successors and assigns. (yy) "Lenders' Share of Residual Receipts" means fifty percent (50%) of Residual Receipts. (zz) "Net Proceeds of Permanent Financing" means the amount by which Permanent Financing exceeds the Final Development Costs. (aaa) "NOI Permanent Loan" has the meaning set forth in Section 1.1(l)(i). (bbb) "Parties" means the City, the County, and Borrower. July 12, 2016 Contra Costa County Board of Supervisors 1067 863\100\1886122.4 9 (ccc) "Partnership Agreement" means the agreement between Borrower's general partner and the Investor Limited Partner that governs the operation and organization of Borrower as a California limited partnership. (ddd) "Partnership/Asset Fee" means (i) partnership management fees (including any asset management fees) payable pursuant to the Partnership Agreement to any partner or affiliate of Borrower or any affiliate of a partner of Borrower, if any, during the Fifteen Year Compliance Period, and (ii) after expiration of the Fifteen Year Compliance Period, asset management fees payable to Borrower, in the amounts approved by the County as set forth in Section 3.18 of the County Loan Agreement. (eee) "Permanent Financing" means the sum of the following amounts: (i) the NOI Permanent Loan; (ii) the Section 8 Permanent Loan; (iii) the Adjusted HOME Loan; (iv) the Adjusted HOPWA Loan; (v) the Adjusted City Loan; (vi) the Adjusted AHSC Loan; (vii) the AHSC Sponsor Loan; (viii) the Infill Loan; (ix) the Tax Credit Investor Equity; (x) the GP Capital Contribution; and (xi) the AHP Funds (if any). (fff) "Property" has the meaning set forth in Paragraph B of the Recitals. (ggg) "RCD" means Resources for Community Development, a California nonprofit public benefit corporation. (hhh) "Residual Receipts" means for each calendar year, the amount by which Gross Revenue exceeds Annual Operating Expenses. (iii) "Section 8 Permanent Loan" has the meaning set forth in Section 1.1(l)(ii). (jjj) "Special City Loan Payment" has the meaning set forth in Section 3(b). (kkk) "Special County Loan Payment" has the meaning set forth in Section 3(a). (lll) "Statement of Residual Receipts" means an itemized statement of Residual Receipts. (mmm)"Taxable Bank Loan" has the meaning set forth in Section 1.1(m)(iii). (nnn) "Tax Credit Investor Equity" has the meaning set forth in Section 1(l)(vii). (ooo) "Term" means the period of time that commences on the date of this Agreement, and expires, unless sooner terminated in accordance with this Agreement, on the fifty-fifth (55th) anniversary of the Completion Date; provided, however, if a record of the Completion Date cannot be located or established, the Term will expire on the fifty-seventh (57th) anniversary of this Agreement. 2. Annual Payments to County and City. (a) County Loan. July 12, 2016 Contra Costa County Board of Supervisors 1068 863\100\1886122.4 10 i. Commencing on June 30, 2019, and on June 30 of each year thereafter during the Term, Borrower shall make a loan payment in an amount equal to the sum of (1) the County Loan Prorata Percentage of the Lenders' Share of Residual Receipts and (2) subject to Subsection (c) below, the County Additional Prorata Share multiplied by Borrower's Shared Portion of Residual Receipts (each such payment, an "Annual County Loan Payment"). A numerical example of the methodology to be used to calculate the Annual County Loan Payment is shown in Exhibit B attached hereto. In the event of a conflict between the text of this Section 2(a) and Exhibit B, the text of this Section 2(a) will prevail. The County shall apply all Annual County Loan Payments to the County Loan as follows: (1) first, to accrued interest, and (2) second, to principal. ii. Borrower shall repay the County Loan pursuant to the terms of the County Loan Agreement and the County Note. In the event of any conflict between the repayment terms and provisions of the County Loan Agreement and this Agreement, the provisions of this Agreement apply. The County may not consent to any amendment or waiver of the terms of the County Loan Agreement or the County Note if such amendment or waiver could reasonably be deemed to materially adversely affect the City, without the City's prior written approval, which the City may withhold in its sole discretion. (b) City Loan. i. Commencing on June 30, 2019, and on June 30 of each year thereafter during the Term, Borrower shall make a loan payment in an amount equal to the sum of (1) the City Loan Prorata Percentage of the Lenders' Share of Residual Receipts, and (2) subject to Subsection (c) below, the City Additional Prorata Share multiplied by Borrower's Shared Portion of Residual Receipts (each such payment, an "Annual City Loan Payment"). A numerical example of the methodology to be used to calculate the Annual City Loan Payment is shown in Exhibit B attached hereto. In the event of a conflict between the text of this Section 2(b) and Exhibit B, the text of this Section 2(b) will prevail. The City shall apply all Annual City Loan Payments as follows: (1) first, to accrued interest, and (2) second, to principal for the City Loan. ii. Borrower shall repay the City Loan pursuant to the terms of the City Loan Agreement and the City Note. In the event of any conflict between the repayment terms of the City Loan Agreement and this Agreement, the provisions of this Agreement apply. The City may not consent to any amendment or waiver of the terms of the City Loan Agreement or the City Note, if such amendment or waiver could reasonably be deemed to materially adversely affect the County, without the County's prior written approval, which the County may withhold in its sole discretion. (c) Payment of Developer Fee. Borrower may use Borrower's Shared Portion of Residual Receipts to pay Developer Fee until the total amount of Developer Fee paid equals One Million Five Hundred Thousand Dollars ($1,500,000), prior to using Borrower's Shared Portion of Residual Receipts as a source to repay the County Loan and City Loan pursuant to Subsections (a) and (b) above. 3. Special Repayments from Net Proceeds of Permanent Financing. July 12, 2016 Contra Costa County Board of Supervisors 1069 863\100\1886122.4 11 (a) To the extent consistent with the regulations applicable to the AHSC Loan, no later than ten (10) days after the date Borrower receives its final capital contribution from the Investor Limited Partner, Borrower shall pay to the County as a special repayment of the HOME Loan, an amount equal to the result obtained by multiplying the County Additional Prorata Share by the Available Net Proceeds (the "Special County Loan Payment"). (b) To the extent consistent with the regulations applicable to the AHSC Loan, no later than ten (10) days after the date Borrower receives its final capital contribution from the Investor Limited Partner, Borrower shall pay to the City as a special repayment of the City Loan, an amount equal to the result obtained by multiplying the City Additional Prorata Share by the Available Net Proceeds (the "Special City Loan Payment"). (c) No later than one hundred eighty (180) days following completion of construction of the Development, Borrower shall submit to the County and the City a preliminary calculation of the Net Proceeds of Permanent Financing and a draft of the Final Cost Certification. The County and the City shall approve or disapprove Borrower's determination of the amount of the Net Proceeds of Permanent Financing in writing within thirty (30) days of receipt. If Borrower's determination is disapproved by the County or the City, Borrower shall re- submit documentation to the County and the City until approval of the County and the City is obtained. 4. Reports and Accounting of Residual Receipts. (a) Annual Reports. In connection with the Annual County Loan Payment and the Annual City Loan Payment, Borrower shall furnish to the City and the County: i. The Statement of Residual Receipts for the relevant period. The first Statement of Residual Receipts will cover the period that begins on January 1, 2018 and ends on December 31st of that same year. Subsequent statements of Residual Receipts will cover the twelve-month period that ends on December 31 of each year; ii. A statement from the independent public accountant that audited the Borrower's financial records for the relevant period, which statement must confirm that Borrower's calculation of the Lender's Share of Residual Receipts and Borrower's Shared Portion of Residual Receipts is accurate based on Operating Income and Annual Operating Expenses; and iii. Any additional documentation reasonably required by the County or the City to substantiate Borrower's calculation of Lender's Share of Residual Receipts and Borrower's Shared Portion of Residual Receipts. (b) Books and Records. Borrower shall keep and maintain at the principal place of business of Borrower set forth in Section 11 below, or elsewhere with the written consent of the County and the City, full, complete and appropriate books, record and accounts relating to the Development, including all books, records and accounts necessary or prudent to evidence and substantiate in full detail Borrower's calculation of Residual Receipts and disbursements of Residual Receipts. Borrower shall cause all books, records and accounts relating to its compliance with the terms, provisions, covenants and conditions of this Agreement July 12, 2016 Contra Costa County Board of Supervisors 1070 863\100\1886122.4 12 to be kept and maintained in accordance with generally accepted accounting principles consistently applied, and to be consistent with requirements of this Agreement, which provide for the calculation of Residual Receipts on a cash basis. Borrower shall cause all books, records, and accounts to be open to and available for inspection by the County and the City, their auditors or other authorized representatives at reasonable intervals during normal business hours. Borrower shall cause copies of all tax returns and other reports that Borrower may be required to furnish to any government agency to be open for inspection by the County and the City at all reasonable times at the place that the books, records and accounts of Borrower are kept. Borrower shall preserve records on which any statement of Residual Receipts is based for a period of not less than five (5) years after such statement is rendered, and for any period during which there is an audit undertaken pursuant to subsection (c) below then pending. (c) County and City Audits. i. The receipt by the County or the City of any statement pursuant to subsection (a) above or any payment by Borrower or acceptance by the County or the City of any loan repayment for any period does not bind the County or the City as to the correctness of such statement or such payment. The County or the City or any designated agent or employee of the County or the City is entitled at any time to audit the Residual Receipts and all books, records, and accounts pertaining thereto. The County and/or the City may conduct such audit during normal business hours at the principal place of business of Borrower and other places where records are kept. Immediately after the completion of an audit, the County or the City, as the case may be, shall deliver a copy of the results of the audit to Borrower. ii. If it is determined as a result of an audit that there has been a deficiency in a loan repayment to the County and/or the City, then such deficiency will become immediately due and payable, with interest at the Default Rate from the date the deficient amount should have been paid. In addition, if the audit determines that Residual Receipts have been understated for any year by the greater of (i) $2,500, and (ii) an amount that exceeds five percent (5%) of the Residual Receipts, then, in addition to paying the deficiency with interest, Borrower shall pay all of the costs and expenses connected with the audit and review of Borrower's accounts and records incurred by the County and/or the City. 5. Subordination of County Deed of Trust. The County subordinates the lien of the County Deed of Trust to the lien of the City Deed of Trust. This Agreement is the whole agreement with regard to the subordination of the County Deed of Trust to the City Deed of Trust. 6. Notice of Default. (a) The County and the City shall each notify the other promptly upon declaring a default or learning of the occurrence of any material event of default, or any event which with the lapse of time would become a material event of default, under its respective loan documents for the City Loan and the County Loan. (b) The City and the County agree not to make a demand for payment from Borrower or accelerate the City Note or the County Note, as the case may be, or commence enforcement of any of the rights and remedies under the City Deed of Trust or the County Deed July 12, 2016 Contra Costa County Board of Supervisors 1071 863\100\1886122.4 13 of Trust, as the case may be, until the date that is five (5) business days following delivery of written notice by the Party enforcing its rights (the "Enforcing Party") to the other Party stating that a "default" (as defined in the relevant Deed of Trust) has occurred and is continuing and that the Enforcing Party is requesting the other Party's assistance in foreclosure pursuant to Section 7. 7. Cooperation in Foreclosure. (a) If there is a default under the City Loan and/or County Loan, after expiration of any applicable cure periods, the party who is the lender on the defaulted loan shall cooperate with the other lender that is a Party to this Agreement to coordinate any foreclosure proceedings or other appropriate remedies. (b) Neither the County nor the City may contest the validity, perfection, priority, or enforceability of the lien granted to the other Party by a deed of trust secured by the Property. Notwithstanding any failure of a Party to perfect its lien on the Property or any other defect in the security interests or obligations owing to such Party, the priority and rights as between the lenders that are Parties to this Agreement are as set forth in this Agreement. 8. Foreclosure Proceeds. If there is a foreclosure, or any other action, whether judicial or nonjudicial, under any or both of the Deeds of Trust (including the giving of a deed in lieu of foreclosure), the proceeds resulting from such foreclosure or action will be first used to pay (i) all amounts paid to any senior lien holder, and (ii) expenses incurred by the County, the City, or both, in connection with such foreclosure or other action. After such payments (i) the City is entitled to the result obtained by multiplying the City Additional Prorata Share by the Foreclosure Net Proceeds, and (ii) the County is entitled to the result obtained by multiplying the County Additional Prorata Share by the Foreclosure Net Proceeds. 9. Insurance and Condemnation Proceeds. If, as a result of having made the City Loan and the County Loan, the City and County are entitled to insurance or condemnation proceeds, they will share such proceeds as follows: (i) the City is entitled the result obtained by multiplying the City Additional Prorata Share by the available proceeds, and (ii) the County is entitled to the result obtained by multiplying the County Additional Prorata Share by the available proceeds. 10. Title to Property. If, as a result of having made the City Loan and the County Loan, either the City or the County is entitled to title to the Property as a consequence of Borrower's default, then title is to be held in tenancy in common by the City and the County in accordance with their respective prorata share of the Foreclosure Net Proceeds. Subsequent decisions to hold or sell the Property will be made by joint decision of the City and the County. 11. Notices. All notices required or permitted by any provision of this Agreement must be in writing and sent by registered or certified mail, postage prepaid, return receipt requested, or delivered by express delivery service, return receipt requested, or delivered personally, to the principal office of the Parties as follows: July 12, 2016 Contra Costa County Board of Supervisors 1072 863\100\1886122.4 14 City: City of Walnut Creek 1666 North Main Street Walnut Creek, CA 94596 Attn: Housing Program Manager County: County of Contra Costa Department of Conservation and Development 30 Muir Road Martinez, CA 94553 Attn: Affordable Housing Program Manager Borrower: Riviera Family Apartments, L.P. c/o RCD GP, LLC 2220 Oxford Street Berkeley, CA 94720 Attention: Executive Director Investor Limited Partner: Wells Fargo Affordable Housing Community Development Corporation MAC D1053-170 301 South College Street Charlotte, NC 28288 Attention: Director of Tax Credit Asset Management Such written notices, demands, and communications may be sent in the same manner to such other addresses as the affected Party may from time to time designate as provided in this Section. Receipt will be deemed to have occurred on the date marked on a written receipt as the date of delivery or refusal of delivery (or attempted delivery if undeliverable). 12. Titles. Any titles of the sections or subsections of this Agreement are inserted for convenience of reference only and are to be disregarded in interpreting any part of the Agreement's provisions. 13. California Law. This Agreement is governed by the laws of the State of California. 14. Severability. If any term of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions will continue in full force and effect unless the rights and obligations of the Parties have been materially altered or abridged by such invalidation, voiding or unenforceability. 15. Legal Actions. If any legal action is commenced to interpret or to enforce the terms of this Agreement or to collect damages as a result of any breach of this Agreement, then the Party prevailing in any such action shall be entitled to recover against the Party not prevailing all reasonable attorneys' fees and costs incurred in such action. July 12, 2016 Contra Costa County Board of Supervisors 1073 863\100\1886122.4 15 16. Entire Agreement. This Agreement constitutes the entire understanding and agreement of the Parties with respect to the distribution of proceeds upon foreclosure of or other remedies under the Deeds of Trust. 17. Counterparts. This Agreement may be executed in multiple originals, each of which is deemed to be an original, and may be signed in counterparts. 18. Amendments. This Agreement may not be modified except by written instrument executed by and amongst the Parties. [Remainder of Page Left Intentionally Blank] July 12, 2016 Contra Costa County Board of Supervisors 1074 Signature Page Intercreditor Agreement 863\100\1886122.4 16 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above. BORROWER: Riviera Family Apartments, L.P., a California limited partnership By: RCD GP LLC, a California limited liability company, its general partner By: Resources for Community Development, a California nonprofit public benefit corporation, its sole member/manager By:_______________________ Daniel Sawislak, Executive Director COUNTY: COUNTY OF CONTRA COSTA, a political subdivision of the State of California By: __________________ Name:___________________ Its:____________________ Approved as to form: SHARON L. ANDERSON County Counsel By: Kathleen Andrus Deputy County Counsel July 12, 2016 Contra Costa County Board of Supervisors 1075 Signature Page Intercreditor Agreement 863\100\1886122.4 17 CITY: CITY OF WALNUT CREEK By: __________________ Name:___________________ Its:____________________ July 12, 2016 Contra Costa County Board of Supervisors 1076 863\100\1886122.4 18 STATE OF CALIFORNIA ) ) COUNTY OF __________________ ) On ____________________, before me, ___________________________, Notary Public, personally appeared ______________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify UNDER PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ______________________________________ Name: ______________________________ Notary Public A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. July 12, 2016 Contra Costa County Board of Supervisors 1077 863\100\1886122.4 19 STATE OF CALIFORNIA ) ) COUNTY OF __________________ ) On ____________________, before me, ___________________________, Notary Public, personally appeared ______________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify UNDER PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ______________________________________ Name: ______________________________ Notary Public A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. July 12, 2016 Contra Costa County Board of Supervisors 1078 863\100\1886122.4 20 STATE OF CALIFORNIA ) ) COUNTY OF __________________ ) On ____________________, before me, ___________________________, Notary Public, personally appeared ______________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify UNDER PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ______________________________________ Name: ______________________________ Notary Public A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. July 12, 2016 Contra Costa County Board of Supervisors 1079 A-1 863\100\1886122.4 EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY July 12, 2016 Contra Costa County Board of Supervisors 1080 B-1 863\100\1886122.4 EXHIBIT B COUNTY/CITY RESIDUAL RECEIPTS NUMERICAL EXPLANATION July 12, 2016 Contra Costa County Board of Supervisors 1081 1 863\100\1885558.4 HOME AND HOPWA LOAN AGREEMENT Riviera Family Apartments This HOME and HOPWA Loan Agreement (the "Agreement") is dated July 15, 2016, and is between the County of Contra Costa, a political subdivision of the State of California (the "County"), and Riviera Family Apartments, L.P., a California limited partnership ("Borrower"). RECITALS A. Defined terms used but not defined in these recitals are as defined in Article 1 of this Agreement. B. The County has received Home Investment Partnerships Act funds from the United States Department of Housing and Urban Development ("HUD") pursuant to the Cranston-Gonzales National Housing Act of 1990 ("HOME Funds"). The HOME Funds must be used by the County in accordance with 24 C.F.R. Part 92 (the "HOME Regulations"). C. The County has received Housing Opportunities for Persons with AIDS Program funds from HUD pursuant to the HOPWA Program ("HOPWA Funds"). The HOPWA Funds are available to and administered by the County, as a subrecipient of the City of Oakland, which is the representative for the Alameda-Contra Costa County Eligible Metropolitan Area. The HOPWA Funds must be used by the County in accordance with 24 C.F.R. Section 574 et seq. D. Borrower is the owner of that certain real property located at 1716-1738 Riviera Avenue and 1511-1515 Riviera Avenue in the City of Walnut Creek, County of Contra Costa, State of California, as more particularly described in Exhibit A (the "Property"). Borrower intends to construct fifty-eight (58) multifamily housing units on the Property for rental to extremely low, very low and low income households, including one (1) manager's unit (the "Development"). The Development, as well as all landscaping, roads and parking spaces on the Property and any additional improvements on the Property, are the "Improvements". E. Borrower desires to borrow from the County One Million Dollars ($1,000,000) of HOME Funds (the "HOME Loan"), and One Million Dollars ($1,000,000) of HOPWA Funds (the "HOPWA Loan") for a total loan amount of Two Million Dollars ($2,000,000) (the "Loan"). The HOME Funds being used for the HOME Loan are funds which are set aside for entities that are designated as a Community Housing Development Organization ("CHDO") as defined in 24 C.F.R. 92.2. F. The Loan is evidenced by the Note, the Regulatory Agreements, and the Intercreditor Agreement, and is secured by the Deed of Trust. G. The Loan is being made to finance predevelopment and construction costs of the Development. Construction of the Development is intended to maintain the supply of affordable rental housing in Contra Costa County. Due to the assistance provided Borrower through the Loan, the County is designating sixteen (16) units as HOME-assisted units (the "HOME-Assisted Units"), and eight (8) units as HOPWA-assisted units (the "HOPWA-Assisted Units"). July 12, 2016 Contra Costa County Board of Supervisors 1082 2 863\100\1885558.4 H. The City has prepared a mitigated negative declaration pursuant to the California Environmental Quality Act (Public Resources Code Sections 21000 et seq.) ("CEQA"). I. In accordance with the National Environmental Policy Act of 1969, as amended (42 U.S.C. 4321-4347) ("NEPA"), the County has completed and approved all applicable environmental review for the activities proposed to be undertaken under this Agreement. The parties therefore agree as follows: AGREEMENT ARTICLE 1 DEFINITIONS AND EXHIBITS Section 1.1 Definitions. The following terms have the following meanings: (a) "Adjusted AHSC Loan" means, to the extent less than the full amount of the AHSC Loan is funded, an amount equal to the actual principal amount loaned to Borrower by HCD pursuant to the documents between Borrower and HCD evidencing the AHSC Loan. If the full amount of the AHSC Loan is funded, the Adjusted AHSC Loan is equal to the AHSC Loan. (b) "Adjusted City Loan" means, to the extent less than the full amount of the City Loan is funded, an amount equal the actual principal amount loaned to Borrower by the City pursuant to the documents between Borrower and the City evidencing the City Loan minus any Special City Loan Payment. If the full amount of the City Loan is funded and no portion is repaid as a Special City Loan Payment, the Adjusted City Loan is equal to the City Loan. (c) "Adjusted HOME Loan" means, to the extent less than the full amount of the HOME Loan is funded, an amount equal the actual principal amount loaned to Borrower by the County pursuant to this Agreement minus any Special County Loan Payment. If the full amount of the HOME Loan is funded and no portion is repaid as a Special County Loan Payment, the Adjusted HOME Loan is equal to the HOME Loan. (d) "Adjusted HOPWA Loan" means, to the extent less than the full amount of the HOPWA Loan is funded, an amount equal the actual principal amount loaned to Borrower by the County pursuant to this Agreement. If the full amount of the HOPWA Loan is funded, the Adjusted HOPWA Loan is equal to the HOPWA Loan. (e) "Agreement" means this HOME and HOPWA Loan Agreement. (f) "AHP Funds" means the affordable housing program funds administered by the Federal Home Loan Bank of San Francisco, for which Borrower has applied pursuant to Section 2.11 below. (g) "AHSC" has the meaning set forth in Section 1.1(m)(v). July 12, 2016 Contra Costa County Board of Supervisors 1083 3 863\100\1885558.4 (h) "AHSC Loan" has the meaning set forth in Section 1.1(m)(v). (i) "AHSC Sponsor Loan" has the meaning set forth in Section 1.1(m)(vi). (j) "Annual Operating Expenses" means for each calendar year, the following costs reasonably and actually incurred for operation and maintenance of the Development: (i) property taxes and assessments imposed on the Development; (ii) debt service currently due on a non-optional basis (excluding debt service due from residual receipts or surplus cash of the Development) on the NOI Permanent Loan and Section 8 Permanent Loan; (iii) on-site service provider fees for tenant social services, provided the County has approved, in writing, the plan and budget for such services before such services begin; (iv) fees paid to the Government Lender with respect to the Government Lender Notes; (v) payment to HCD of a portion of the accrued interest on the MHP Loan pursuant to California Code of Regulations, Title 25, Section 7308; (vi) property management fees and reimbursements, on–site property management office expenses, and salaries of property management and maintenance personnel, not to exceed amounts that are standard in the industry and which are pursuant to a management contract approved by the County; (vii) the Partnership/Asset Fee; (viii) fees for accounting, audit, and legal services incurred by Borrower's general partner in the asset management of the Development, not to exceed amounts that are standard in the industry, to the extent such fees are not included in the Partnership/Asset Fee; (ix) premiums for insurance required for the Improvements to satisfy the requirements of any lender of Approved Financing; (x) utility services not paid for directly by tenants, including water, sewer, and trash collection; (xi) maintenance and repair expenses and services; (xii) any annual license or certificate of occupancy fees required for operation of the Development; July 12, 2016 Contra Costa County Board of Supervisors 1084 4 863\100\1885558.4 (xiii) security services; (xiv) advertising and marketing; (xv) cash deposited into the Replacement Reserve Account in the amount set forth in Section 4.2(a); (xvi) cash deposited into the Operating Reserve Account to maintain the amount set forth in Section 4.2(b) (excluding amounts deposited to initially capitalize the account); (xvii) payment of any previously unpaid portion of Developer Fee (without interest), not to exceed the amount set forth in Section 3.17; (xviii) extraordinary operating costs specifically approved in writing by the County; (xix) payments of deductibles in connection with casualty insurance claims not normally paid from reserves, the amount of uninsured losses actually replaced, repaired or restored, and not normally paid from reserves, and other ordinary and reasonable operating expenses approved in writing by the County and not listed above. Annual Operating Expenses do not include the following: depreciation, amortization, depletion or other non-cash expenses, initial deposits to capitalize a reserve account, any amount expended from a reserve account, and any capital cost associated with the Development. (k) "Annual Payment" has the meaning in Section 2.8(a). (l) "Approved Development Budget" means the proforma development budget, including sources and uses of funds, as approved by the County, and attached hereto and incorporated herein as Exhibit B. (m) "Approved Financing" means all of the following loans, grants and equity obtained by Borrower and approved by the County for the purpose of financing the acquisition of the Property and construction of the Development: (i) the City Loan; (ii) County of Contra Costa Multifamily Housing Revenue Note (Riviera Family Apartments), Series 2016C Promissory Note C-1issued by the County of Contra Costa (the "Government Lender") in the approximate amount of Seventeen Million Seventy Thousand Seven Hundred Ninety-Eight Dollars ($17,070,798) (the "Government Lender Note #1"), the proceeds of which are loaned to Borrower by the Government Lender pursuant to a funding loan to the Government Lender by the Bank (the "Tax Exempt Bank Loan") which will convert to a net operating income underwritten permanent loan in the July 12, 2016 Contra Costa County Board of Supervisors 1085 5 863\100\1885558.4 approximate amount of One Million Seven Hundred Eighty Thousand Two Hundred Dollars ($1,780,200) (the "NOI Permanent Loan"); (iii) County of Contra Costa Multifamily Housing Revenue Note (Riviera Family Apartments), Series 2016C Promissory Note C-2 issued by the Government Lender in the approximate amount of Two Million Eight Hundred Forty-Six Thousand Two Hundred Two Dollars ($2,846,202) (the "Government Lender Note #2") the proceeds of which are loaned to Borrower by the Government Lender pursuant to a funding loan to the Government Lender by the Bank and are underwritten by Project Based Section-8 revenue (the "Section 8 Permanent Loan"); (iv) County of Contra Costa Multifamily Housing Revenue Note (Riviera Family Apartments), Series 2016C Promissory Note C-3 issued by the Government Lender in the approximate amount of Seven Hundred Seventeen Thousand Dollars ($717,000) (the "Government Lender Note #3"), the proceeds of which are loaned to Borrower by the Government Lender pursuant to a funding loan to the Government Lender by the Bank (the "Taxable Bank Loan"); (v) loan of Affordable Housing Sustainable Communities ("AHSC") funds from the California Department of Housing and Community Development ("HCD") in the approximate amount of Two Million Six Hundred Fourteen Thousand Four Hundred Fifty Dollars ($2,614,450) (the "AHSC HCD Loan"); (vi) loan from RCD of Affordable Housing Sustainable Communities grant funds received from HCD in the approximate amount of Two Million Three Hundred Forty-Two Thousand One Hundred Sixty Dollars ($2,342,160) (the "AHSC Sponsor Loan"); (vii) loan from RCD of Proposition 1C Infill Incentive Grant Program funds received from HCD in the approximate amount of Two Million Eight Hundred Thousand Two Hundred Forty Dollars ($2,800,240) (the "Infill Loan"); (viii) the Low Income Housing Tax Credit investor equity funds in the approximate amount of Seventeen Million Five Hundred Fifty-Four Thousand One Hundred Sixty-Nine Dollars ($17,554,169) (the "Tax Credit Investor Equity") provided by the Investor Limited Partner; and (ix) the capital contribution from Borrower's general partner in the approximate amount of Sixty Seven Thousand Six Hundred Dollars ($67,600) (the "GP Capital Contribution"). (n) "Available Net Proceeds" means the result obtained by multiplying the Net Proceeds of Permanent Financing by 0.75. (o) "Bank" means MUFG Union Bank, N.A. (p) "Bank Loan" means collectively the Tax Exempt Bank Loan, Taxable Bank Loan, Section 8 Permanent Loan, and NOI Permanent Loan. July 12, 2016 Contra Costa County Board of Supervisors 1086 6 863\100\1885558.4 (q) "Bid Package" means the package of documents Borrower's general contractor is required to distribute to potential bidders as part of the process of selecting subcontractors for the Development. The Bid Package is to include the following: (i) an invitation to bid; (ii) copy of the proposed construction contract; (iii) a form of bid guarantee that is reasonably acceptable to the County that guarantees, at a minimum, an amount equal to five percent (5%) of the bid price; and (iv) all Construction Plans. (r) "Borrower" has the meaning set forth in the first paragraph of this Agreement. (s) "Borrower's Shared Portion of Residual Receipts" means twenty- five percent (25%) of Residual Receipts. (t) "CEQA" has the meaning set forth in Paragraph H of the Recitals. (u) "CHDO" has the meaning set forth in Paragraph E of the Recitals. (v) "City" means the City of Walnut Creek, California, a municipal corporation. (w) "City Loan" means the Six Million Dollar ($6,000,000) loan from the City to the Borrower, consisting of Five Million Dollars ($5,000,000) loaned to Borrower pursuant to a Loan Agreement dated February 25, 2014 between the City and Borrower, as amended by a First Amendment to City Loan Agreement, and One Million Dollars ($1,000,000) which will be loaned to Borrower pursuant to a Second Amendment to City Loan Agreement. (x) "Commencement of Construction" has the meaning set forth in Section 3.5. (y) "Completion Date" means the date a final certificate of occupancy, or equivalent document is issued by the City to certify that the Development may be legally occupied. (z) "Construction Plans" means all construction documentation upon which Borrower and Borrower's general contractor rely in constructing all the Improvements on the Property (including the units in the Development, landscaping, parking, and common areas) and includes, but is not limited to, final architectural drawings, landscaping plans and specifications, final elevations, building plans and specifications (also known as "working drawings"). (aa) "County" has the meaning set forth in the first paragraph of this Agreement. (bb) "County Additional Prorata Share" means the result obtained by dividing (1) the sum of the Adjusted HOME Loan and the Adjusted HOPWA Loan, by (2) the sum of the Adjusted HOME Loan, the Adjusted HOPWA Loan, and the Adjusted City Loan. July 12, 2016 Contra Costa County Board of Supervisors 1087 7 863\100\1885558.4 (cc) "County-Assisted Units" means the HOME-Assisted Units and the HOPWA Assisted Units. (dd) "County Loan Prorata Percentage" means the result, expressed as a percentage, obtained by dividing (1) the sum of the Adjusted HOME Loan and the Adjusted HOPWA Loan, by (2) the sum of the Adjusted HOME Loan, the Adjusted HOPWA Loan, the Adjusted City Loan and the Adjusted AHSC Loan. (ee) "County Regulatory Agreement" means the Regulatory Agreement and Declaration of Restrictive Covenants of even date herewith, between the County and Borrower evidencing County requirements applicable to the Loan, to be recorded against the Property. (ff) "Deed of Trust" means the Deed of Trust with Assignment of Rents, Security Agreement, and Fixture Filing of even date herewith among Borrower, as Trustor, North American Title Company, as trustee, and the County, as beneficiary, that will encumber the Property to secure repayment of the Loan and performance of the covenants of the Loan Documents. (gg) "Default Rate" means the lesser of the maximum rate permitted by law and ten percent (10%) per annum. (hh) "Developer Fee" has the meaning set forth in Section 3.17. (ii) "Development" has the meaning set forth in Paragraph D of the Recitals. (jj) "Eligible Household" means a household qualified to occupy a HOME-Assisted Unit pursuant to Section 2.1(b) of the HOME/HOPWA Regulatory Agreement. (kk) "Event of Default" has the meaning set forth in Section 6.1. (ll) "Fifteen Year Compliance Period" means the fifteen (15) year compliance period as described in Section 42(i)(1) of the Internal Revenue Code of 1986, as amended. (mm) "Final Cost Certification" has the meaning set forth in Section 4.3. (nn) "Final Development Cost" means the total of the cost of acquisition and construction of the Development as shown on the Final Cost Certification. (oo) Government Lender" has the meaning set forth in Section 1.1(m)(ii). (pp) "Government Lender Note #1" has the meaning set forth in Section 1.1(m)(ii). (qq) "Government Lender Note #2" has the meaning set forth in Section July 12, 2016 Contra Costa County Board of Supervisors 1088 8 863\100\1885558.4 1.1(m)(iii). (rr) "Government Lender Note #3" has the meaning set forth in Section 1.1(m)(iv). (ss) "Government Lender Notes" means the Government Lender Tax Exempt Note #1, the Government Lender Tax Exempt Note #2, and Government Lender Taxable Note. (tt) "GP Capital Contribution" has the meaning set forth in Section 1.1(m)(ix). (uu) "Gross Revenue" means for each calendar year, all revenue, income, receipts, and other consideration actually received from the operation and leasing of the Development. Gross Revenue includes, but is not limited to: (i) all rents, fees and charges paid by tenants; (ii) Section 8 payments or other rental subsidy payments received for the dwelling units; (iii) deposits forfeited by tenants; (iv) all cancellation fees; (v) price index adjustments and any other rental adjustments to leases or rental agreements; (vi) net proceeds from vending and laundry room machines; (vii) the proceeds of business interruption or similar insurance not paid to senior lenders; (viii) the proceeds of casualty insurance not used to rebuild the Development and not paid to senior lenders; and (ix) condemnation awards for a taking of part or all of the Development for a temporary period. Gross Revenue does not include tenants' security deposits, loan proceeds, unexpended amounts (including interest) in any reserve account, required deposits to reserve accounts, capital contributions or similar advances. (vv) "Hazardous Materials" means: (i) any substance, material, or waste that is petroleum, petroleum-related, or a petroleum by-product, asbestos or asbestos- containing material, polychlorinated biphenyls, flammable, explosive, radioactive, freon gas, radon, or a pesticide, herbicide, or any other agricultural chemical, and (ii) any waste, July 12, 2016 Contra Costa County Board of Supervisors 1089 9 863\100\1885558.4 substance or material defined as or included in the definition of "hazardous substances," "hazardous wastes," "hazardous materials," "toxic materials", "toxic waste", "toxic substances," or words of similar import under any Hazardous Materials Law. (ww) "Hazardous Materials Claims" means with respect to the Property (i) any and all enforcement, cleanup, removal or other governmental or regulatory actions instituted, completed or threatened against Borrower or the Property pursuant to any Hazardous Materials Law; and (ii) all claims made or threatened by any third party against Borrower or the Property relating to damage, contribution, cost recovery compensation, loss or injury resulting from any Hazardous Materials. (xx) "Hazardous Materials Law" means any federal, state or local laws, ordinances, or regulations relating to any Hazardous Materials, health, industrial hygiene, environmental conditions, or the regulation or protection of the environment, and all amendments thereto as of this date and to be added in the future and any successor statute or rule or regulation promulgated thereto. (yy) "HCD" has the meaning set forth in Section 1.1(m)(v). (zz) "HOME" means the HOME Investment Partnership Act Program pursuant to the Cranston-Gonzales National Affordable Housing Act of 1990 (42 U.S.C. 12705 et seq.), as amended. (aaa) "HOME-Assisted Units" has the meaning set forth in Paragraph G of the Recitals. (bbb) "HOME Funds" has the meaning set forth in Paragraph B of the Recitals. (ccc) "HOME Loan" has the meaning set forth in Paragraph E of the Recitals. (ddd) "HOME Regulations" has the meaning set forth in Paragraph B of the Recitals. (eee) "HOME/HOPWA Regulatory Agreement" means the Regulatory Agreement and Declaration of Restrictive Covenants of even date herewith, between the County and Borrower evidencing HUD requirements applicable to the Loan, to be recorded against the Property. (fff) "HOPWA" means the Housing Opportunities for Persons with AIDS Program pursuant to the AIDS Housing Opportunity Act (42 USC 12901 et seq.), as amended by the Housing and Community Development Act of 1992 (42 USC 5301 et seq.). (ggg) "HOPWA-Assisted Units" has the meaning set forth in Paragraph G of the Recitals. (hhh) "HOPWA Eligible Household" means a household that includes at least one Person with HIV/AIDS. July 12, 2016 Contra Costa County Board of Supervisors 1090 10 863\100\1885558.4 (iii)"HOPWA Funds" has the meaning set forth in Paragraph C of the Recitals. (jjj) "HOPWA Loan" has the meaning set forth in Paragraph E of the Recitals. (kkk) "HOPWA Unit" means a unit in the Development restricted to occupancy by a HOPWA-Eligible Household, which restrictions are more fully set forth in in the HOME/HOPWA Regulatory Agreement. (lll)"HUD" has the meaning set forth in Paragraph B of the Recitals. (mmm) "Improvements" has the meaning set forth in Paragraph D of the Recitals. (nnn) "Infill Loan" has the meaning set forth in Section 1.1(m)(vii). (ooo) "Intercreditor Agreement" means that certain intercreditor agreement of even date herewith entered into by and among the City, the County, and Borrower related to the Loan and the City Loan, to be recorded against the Property. (ppp) "Investor Limited Partner" means Wells Fargo Affordable Housing Community Development Corporation, a North Carolina corporation, its successors and assigns. (qqq) "Lenders' Share of Residual Receipts" means fifty percent (50%) of Residual Receipts. (rrr) "Loan Documents" means this Agreement, the Note, the Regulatory Agreements, the Intercreditor Agreement, and the Deed of Trust. (sss) "Loan" has the meaning set forth in Paragraph E of the Recitals. (ttt)"NEPA" has the meaning set forth in Paragraph I of the Recitals. (uuu) "Net Proceeds of Permanent Financing" means the amount by which Permanent Financing exceeds the Final Development Costs. (vvv) "NOI Permanent Loan" has the meaning set forth in Section 1.1(m)(ii). (www) "Note" means the promissory note of even date herewith that evidences Borrower's obligation to repay the Loan. (xxx) "Operating Reserve Account" has the meaning set forth in Section 4.2(b). (yyy) "Partnership Agreement" means the agreement between Borrower's general partner and the Investor Limited Partner that governs the operation and organization July 12, 2016 Contra Costa County Board of Supervisors 1091 11 863\100\1885558.4 of Borrower as a California limited partnership. (zzz) "Partnership/Asset Fee" means: (i) partnership management fees (including any asset management fees) payable pursuant to the Partnership Agreement to any partner or affiliate of Borrower or any affiliate of a partner of Borrower, if any, during the Fifteen Year Compliance Period; and (ii) after expiration of the Fifteen Year Compliance Period, asset management fees payable to Borrower, in the amounts approved by the County as set forth in Section 3.18. (aaaa) "Permanent Conversion" means the date the Tax Exempt Bank Loan converts to the NOI Permanent Loan. (bbbb) "Permanent Financing" means the sum of the following amounts: (i) the NOI Permanent Loan; (ii) the Section 8 Permanent Loan; (iii) the Adjusted HOME Loan; (iv) the Adjusted HOPWA Loan; (v) the Adjusted City Loan; (vi) the Adjusted AHSC Loan; (vii) the AHSC Sponsor Loan; (viii) the Infill Loan; (ix) the Tax Credit Investor Equity; (x) the GP Capital Contribution; and (xi) the AHP Funds (if any). (cccc) "Persons with HIV/AIDS" has the meaning set forth in the HOME/HOPWA Regulatory Agreement. (dddd) "Property" has the meaning set forth in Paragraph D of the Recitals. (eeee) "RCD" means Resources for Community Development, a California nonprofit public benefit corporation. (ffff) "Regulatory Agreements" means the County Regulatory Agreement and the HOME/HOPWA Regulatory Agreement. (gggg) "Rental Shortfall Due Date" has the meaning set forth in Section 2.8(c). (hhhh) "Rental Shortfall Payment" has the meaning set forth in Section 2.8(c). (iiii) "Replacement Reserve Account" has the meaning set forth in Section 4.2(a). (jjjj) "Residual Receipts" means for each calendar year, the amount by which Gross Revenue exceeds Annual Operating Expenses. (kkkk) "Retention Amount" means Thirty Thousand Dollars ($30,000) of the HOME Loan, the disbursement of which is described in Section 2.7. (llll) "Section 8 Permanent Loan" has the meaning set forth in Section 1.1(m)(iii). July 12, 2016 Contra Costa County Board of Supervisors 1092 12 863\100\1885558.4 (mmmm) "Senior Loan" has the meaning set forth in Section 2.5. (nnnn) "Special City Loan Payment" has the meaning in Section 3(b) of the Intercreditor Agreement. (oooo) "Special County Loan Payment" has the meaning in Section 2.8(b). (pppp) "Statement of Residual Receipts" means an itemized statement of Residual Receipts. (qqqq) "Taxable Bank Loan" has the meaning set forth in Section 1.1(m)(iv). (rrrr) "Tax Credit Investor Equity" has the meaning set forth in Section 1.1(m)(viii). (ssss) "Tax Exempt Bank Loan" has the meaning set forth in Section 1.1(m)(ii). (tttt) "TCAC" means the California Tax Credit Allocation Committee. (uuuu) "Tenant" means the tenant household that occupies a unit in the Development. (vvvv) "Term" means the period of time that commences on the date of this Agreement, and expires, unless sooner terminated in accordance with this Agreement, on the fifty-fifth (55th) anniversary of the Completion Date; provided, however, if a record of the Completion Date cannot be located or established, the Term will expire on the fifty-seventh (57th) anniversary of this Agreement. (wwww) "Transfer" has the meaning set forth in Section 4.13 below. Section 1.2 Exhibits The following exhibits are attached to this Agreement and incorporated into this Agreement by this reference: Exhibit A: Legal Description of the Property Exhibit B: Approved Development Budget Exhibit C: NEPA Mitigation Requirements ARTICLE 2 LOAN PROVISIONS Section 2.1 Loan. July 12, 2016 Contra Costa County Board of Supervisors 1093 13 863\100\1885558.4 Upon satisfaction of the conditions set forth in Section 2.6 and Section 2.7 of this Agreement, the County shall lend to Borrower the Loan for the purposes set forth in Section 2.3 of this Agreement. Borrower's obligation to repay the Loan is evidenced by the Note. Section 2.2 Interest. (a) HOME Loan. Subject to the provisions of subsection (c) below, simple interest will accrue on the outstanding principal balance of the HOME Loan at a per annum rate of interest equal to three percent (3%), commencing on the date of disbursement. (b) HOPWA Loan. Subject to the provisions of subsection (c) below, no interest will accrue on the outstanding principal balance of the HOPWA Loan. (c) Default Interest. Upon the occurrence of an Event of a Default, interest on the outstanding principal balance of the Loan will begin to accrue, beginning on the date of such occurrence and continuing until the date the Loan is repaid in full or the Event of Default is cured, at the Default Rate. Section 2.3 Use of Loan Funds. (a) HOME Loan. Borrower shall use the HOME Loan for construction costs, consistent with the Approved Development Budget. Use of the HOME Loan for reimbursement of costs incurred prior to the date of this Agreement is subject to Section 92.206(d)(1) of the HOME Regulations. (b) HOPWA Loan. Borrower shall use the HOPWA Loan for soft costs, closing costs, and construction costs, consistent with the Approved Development Budget. (c) Borrower may not use the Loan proceeds for any other purposes without the prior written consent of the County. Section 2.4 Security. In consideration of the Loan, Borrower shall (i) secure its obligation to repay the Loan, as evidenced by the Note, by executing the Deed of Trust, and cause or permit it to be recorded as a lien against the Property, and (ii) execute the Regulatory Agreements, and the Intercreditor Agreement, and cause or permit them to be recorded against the Property. Section 2.5 Subordination. (a) Any agreement by the County to subordinate the Deed of Trust and/or Regulatory Agreements to an encumbrance securing and/or evidencing the AHSC Loan, or the Bank Loan, or any loan obtained by Borrower to refinance the Bank Loan (collectively, the "Senior Loan") will be subject to the satisfaction of each of the following conditions: (i) All of the proceeds of the Senior Loan, less any transaction costs, are used to provide acquisition, construction and/or permanent financing for the Development. July 12, 2016 Contra Costa County Board of Supervisors 1094 14 863\100\1885558.4 (ii) The lender of the Senior Loan is a state or federally chartered financial institution, a nonprofit corporation or a public entity that is not affiliated with Borrower or any of Borrower's affiliates, other than as a depositor or a lender. (iii) Borrower demonstrates to the County's satisfaction that subordination of the Deed of Trust and the Regulatory Agreements is necessary to secure adequate acquisition, construction, and/or permanent financing to ensure the viability of the Development, including the operation of the Development as affordable housing, as required by the Loan Documents. To satisfy this requirement, Borrower must provide to the County, in addition to any other information reasonably required by the County, evidence demonstrating that the proposed amount of the Senior Loan is necessary to provide adequate acquisition, construction, and/or permanent financing to ensure the viability of the Development, and adequate financing for the Development would not be available without the proposed subordination. (iv) The subordination agreement(s) is structured to minimize the risk that the Deed of Trust and the Regulatory Agreements will be extinguished as a result of a foreclosure by the Bank or other holder of the Senior Loan. To satisfy this requirement, the subordination agreement must provide the County with adequate rights to cure any defaults by Borrower, including: (1) providing the County or its successor with copies of any notices of default at the same time and in the same manner as provided to Borrower; and (2) providing the County with a cure period of at least sixty (60) days to cure any default. (v) The subordination(s) of the Loan is effective only during the original term of the Senior Loan and any extension of its term that is approved in writing by the County. (vi) The subordination does not limit the effect of the Deed of Trust and the Regulatory Agreements before a foreclosure, nor require the consent of the holder(s) of the Senior Loan prior to the County exercising any remedies available to the County under the Loan Documents. (b) Upon a determination by the County's Deputy Director – Department of Conservation and Development that the conditions in this Section have been satisfied, the Deputy Director – Department of Conservation and Development or his/her designee will be authorized to execute the approved subordination agreement without the necessity of any further action or approval. Section 2.6 Conditions Precedent to Disbursement of Loan Funds for Construction. Until the conditions set forth in Section 2.7 have been met, the disbursements made pursuant to this Agreement may not exceed One Million Seventy Thousand Dollars ($1,070,000). In addition, Five Hundred Thousand Dollars ($500,000) of the HOPWA Loan will not be disbursed by the County until receipt from Borrower of evidence of satisfaction of the Completion Date. The County is not obligated to disburse any portion of the Loan, or to take any other action under the Loan Documents, unless all of the following conditions have been and continue to be July 12, 2016 Contra Costa County Board of Supervisors 1095 15 863\100\1885558.4 satisfied: (a) There exists no Event of Default nor any act, failure, omission or condition that would constitute an Event of Default under this Agreement; (b) Borrower holds title to the Property or is acquiring title to the Property simultaneously with the disbursement of the Loan proceeds; (c) Borrower has delivered to the County a copy of a corporate resolution authorizing Borrower to obtain the Loan and all other Approved Financing, and execute the Loan Documents; (d) There exists no material adverse change in the financial condition of Borrower from that shown by the financial statements and other data and information furnished by Borrower to the County prior to the date of this Agreement; (e) Borrower has furnished the County with evidence of the insurance coverage meeting the requirements of Section 4.14 below; (f) Borrower has executed and delivered to the County the Loan Documents and has caused all other documents, instruments, and policies required under the Loan Documents to be delivered to the County; (g) The Deed of Trust, the Regulatory Agreements, and the Intercreditor Agreement, have been recorded against the Property in the Office of the Recorder of the County of Contra Costa; (h) A title insurer reasonably acceptable to the County is unconditionally and irrevocably committed to issuing an LP-10 2006 ALTA Lender's Policy of title insurance insuring the priority of the Deed of Trust in the amount of the Loan, subject only to such exceptions and exclusions as may be reasonably acceptable to the County, and containing such endorsements as the County may reasonably require. The Borrower shall provide whatever documentation (including an indemnification agreement), deposits or surety is reasonably required by the title company in order for the County's Deed of Trust to be senior in lien priority to any mechanics liens in connection with any start of construction that has occurred prior to the recordation of the Deed of Trust against the Property in the Office of the Recorder of the County of Contra Costa; (i) All environmental review necessary for the construction of the Development has been completed, and Borrower has provided the County evidence of planned compliance with all NEPA and CEQA requirements and mitigation measures applicable to construction, and evidence of compliance with all NEPA and CEQA requirements and mitigation measures applicable to preconstruction; (j) The County has determined the undisbursed proceeds of the Loan, together with other funds or firm commitments for funds that Borrower has obtained in connection with the construction of the Development, are not less than the amount the County determines is necessary to pay for the construction of the Development and to satisfy July 12, 2016 Contra Costa County Board of Supervisors 1096 16 863\100\1885558.4 all of the covenants contained in this Agreement and the Regulatory Agreements; (k) Borrower has obtained all permits and approvals necessary for the construction of the Development; (l) The County has received and approved the Bid Package for the subcontractors for the construction of the Development pursuant to Section 3.2 below; (m) The County has received and approved the general contractor's construction contract that the Borrower has entered or proposed to enter for the construction of the Development pursuant to Section 3.3 below; (n) The County has received and approved labor and material (payment) bonds and performance bonds as required pursuant to Section 3.4 below; (o) Borrower has closed the loans and obtained the equity financings that comprise the Approved Financing described in Section 1.1(l)(i)-(vii), and has already received, or is eligible to receive, the funds; (p) The County has received a fully executed copy of the Partnership Agreement, in which the Investor Limited Partner is obligated to provide Borrower the Tax Credit Investor Equity; (q) The County has received reasonable evidence that the local match requirements set forth in 24 C.F.R. Section 92.218 et seq., have been satisfied pursuant to Section 4.1 of this Agreement; and (r) The County has received a written draw request from Borrower, including: (i) certification that the condition set forth in Section 2.6(a) continues to be satisfied; (ii) certification that the proposed uses of funds is consistent with the Approved Development Budget; (iii) the amount of funds needed; and, (iv) where applicable, a copy of the bill or invoice covering a cost incurred or to be incurred. When a disbursement is requested to pay any contractor in connection with improvements on the Property, the written request must be accompanied by: (1) certification by the Borrower's architect reasonably acceptable to the County that the work for which disbursement is requested has been completed (although the County reserves the right to inspect the Property and make an independent evaluation); and (2) lien releases and/or mechanics lien title insurance endorsements reasonably acceptable to the County. Section 2.7 Conditions Precedent to Disbursement of Retention. The County is not obligated to disburse the Retention Amount unless the following conditions precedent are satisfied: (a) The County has received a completion report from Borrower setting forth: (i) the income, household size, race, and ethnicity of Tenants of the County-Assisted Units; (ii) and the unit address, unit size, rent amount and utility allowance for all County-Assisted Units; July 12, 2016 Contra Costa County Board of Supervisors 1097 17 863\100\1885558.4 (b) The County has received a Final Cost Certification for the Development from Borrower showing all uses and sources; (c) The County has received from Borrower copies of the certificate of occupancy or equivalent final permit sign-offs for the Development; (d) The County has received from Borrower current evidence of the insurance coverage meeting the requirements of Section 4.14 below; (e) The County has received from Borrower a form of Tenant lease; (f) The County has received from Borrower a Marketing Plan, Tenant Selection Plan, and Social Services Plan as defined in the HOME/HOPWA Regulatory Agreement; (g) The County has received from Borrower evidence of marketing for any vacant County-Assisted Unit in the Development such as copies of flyers, list of media ads, list of agencies and organizations receiving information on availability of such units, as applicable; (h) The County has received from Borrower all relevant contract activity information, including compliance with Section 3 requirements as set forth in Section 4.7(b)(xii) of the HOME/HOPWA Regulatory Agreement, and MBE/WBE requirements; (i) If Borrower was required to comply with relocation requirements as set forth in Section 4.7(b)(vi) of the HOME/HOPWA Regulatory Agreement, the County has received from Borrower evidence of compliance with all applicable relocation requirements; (j) The County has received from Borrower a copy of the management agreement and contact information for the property manager of the Development and the name and phone number of the on-site property manager; (k) If Borrower is required to pay prevailing wages under the Davis-Bacon Act (40 U.S.C. 3141-3148), the County has received confirmation that Borrower has submitted all certified payrolls to the County, and any identified payment issues have been resolved, or Borrower is working diligently to resolve any such issues; (l) The County has received from Borrower evidence of compliance with all NEPA mitigation requirements as set forth in Exhibit C; and (m) The County has received a written draw request from Borrower, including certification that the condition set forth in Section 2.6(a) continues to be satisfied, and setting forth the proposed uses of funds consistent with the Approved Development Budget, and, where applicable, a copy of the bill or invoice covering a cost incurred or to be incurred. Borrower shall apply the disbursement for the purpose(s) requested. Section 2.8 Repayment Schedule. (a) Annual Payments of Loan. Commencing on June 30, 2019 and on June 30 July 12, 2016 Contra Costa County Board of Supervisors 1098 18 863\100\1885558.4 of each year thereafter during the Term, Borrower shall make a Loan payment in an amount equal to the sum of (1) the County Loan Prorata Percentage of the Lenders' Share of Residual Receipts and (2) subject to Subsection (f) below, the County Additional Prorata Share multiplied by Borrower's Shared Portion of Residual Receipts (each such payment, an "Annual Payment"). The County shall apply all Annual Payments first, to accrued interest; and second, to principal. (b) Special Repayments of HOME Loan from Net Proceeds of Permanent Financing. To the extent consistent with the regulations applicable to the AHSC Loan, no later than ten (10) days after the date Borrower receives its final capital contribution from the Investor Limited Partner, Borrower shall pay to the County as a special repayment of the HOME Loan, an amount equal to the result obtained by multiplying the County Additional Prorata Share by the Available Net Proceeds (the "Special County Loan Payment"). No later than one hundred eighty (180) days following completion of construction of the Development, Borrower shall submit to the County for its review a preliminary calculation of the Net Proceeds of Permanent Financing and a draft of the Final Cost Certification as defined Section 4.3 below. The County shall approve or disapprove Borrower's determination of the amount of the Net Proceeds of Permanent Financing in writing within thirty (30) days after receipt. If Borrower's determination is disapproved by the County, Borrower shall re-submit documentation to the County until the County approval is obtained. (c) Special Repayment of HOME Loan for Failure to Lease. If on or before the Rental Shortfall Due Date, Borrower fails to cause each of the HOME-Assisted Units to be rented to and occupied by an Eligible Household in accordance with Section 2.1(b) of the HOME/HOPWA Regulatory Agreement, Borrower shall pay the County the Rental Shortfall Payment, plus accrued interest, on the Rental Shortfall Due Date. (i) The "Rental Shortfall Due Date" is the date that occurs eighteen (18) months after the Completion Date. (ii) The "Rental Shortfall Payment" is an amount equal to the result obtained by multiplying (1) the number of HOME-Assisted Units that have not been rented to and occupied by an Eligible Household on or before the Rental Shortfall Due Date, by (2) a fraction, the numerator of which is the then-outstanding principal balance on the HOME Loan and the denominator of which is the number of HOME-Assisted Units. (iii) Interest on the Rental Shortfall Payment will accrue in accordance with Section 2.2(a) through the Rental Shortfall Due Date. If the Rental Shortfall Payment is not paid on or before the Rental Shortfall Due Date, interest on the Rental Shortfall Payment will accrue at the Default Rate beginning on the day after the Rental Shortfall Due Date and continuing until the Rental Shortfall Payment is paid in full with interest. (d) Payment in Full of Loan. Borrower shall pay all outstanding principal and accrued interest on the Loan, in full, on the earliest to occur of: (i) any Transfer other than as permitted pursuant to Section 4.13; (ii) an Event of Default; and (iii) the expiration of the Term. (e) Prepayment. Borrower may prepay the Loan at any time without premium July 12, 2016 Contra Costa County Board of Supervisors 1099 19 863\100\1885558.4 or penalty. However, the Regulatory Agreements and the Deed of Trust will remain in effect for the entire Term, regardless of any prepayment or Transfer. (f) Payment of Developer Fee. Borrower may use Borrower's Shared Portion of Residual Receipts to pay Developer Fee until the total amount of Developer Fee paid equals One Million Five Hundred Thousand Dollars ($1,500,000), prior to using Borrower's Shared Portion of Residual Receipts as a source to repay the Loan pursuant to Subsection (a) above. Section 2.9 Reports and Accounting of Residual Receipts. (a) Borrower shall keep and maintain at the principal place of business of the Borrower set forth in Section 7.9 below, or elsewhere with the County's written consent, full, complete and appropriate books, records and accounts necessary or prudent to evidence and substantiate in full detail Borrower's calculation of Residual Receipts and disbursements of Residual Receipts. (b) In connection with the Annual Payment, Borrower shall furnish to the County: (i)The Statement of Residual Receipts for the relevant period. The first Statement of Residual Receipts will cover the period that begins on January 1, 2018 and ends on December 31st of that same year. Subsequent statements of Residual Receipts will cover the twelve-month period that ends on December 31 of each year; (ii)A statement from the independent public accountant that audited the Borrower's financial records for the relevant period, which statement must confirm that Borrower's calculation of the Lenders' Share of Residual Receipts and Borrower's Shared Portion of Residual Receipts is accurate based on Gross Revenue and Annual Operating Expenses; and (iii)Any additional documentation reasonably required by the County to substantiate Borrower's calculation of Lenders' Share of Residual Receipts and Borrower's Shared Portion of Residual Receipts. (c) The receipt by the County of any statement pursuant to subsection (b) above or any payment by Borrower or acceptance by the County of any Loan repayment for any period does not bind the County as to the correctness of such statement or payment. The County may audit the Residual Receipts and all books, records, and accounts pertaining thereto pursuant to Section 4.6 below. Section 2.10 Non-Recourse. Except as provided below, neither Borrower, nor any partner of Borrower, has any direct or indirect personal liability for payment of the principal of, and interest on, the Loan. Following recordation of the Deed of Trust, the sole recourse of the County with respect to the principal of, or interest on, the Note will be to the property described in the Deed of Trust; provided, however, July 12, 2016 Contra Costa County Board of Supervisors 1100 20 863\100\1885558.4 that nothing contained in the foregoing limitation of liability limits or impairs the enforcement of all the rights and remedies of the County against all such security for the Note, or impairs the right of County to assert the unpaid principal amount of the Note as demand for money within the meaning and intendment of Section 431.70 of the California Code of Civil Procedure or any successor provision thereto. The foregoing limitation of liability is intended to apply only to the obligation to repay the principal and interest on the Note. Except as hereafter set forth; nothing contained herein is intended to relieve Borrower of its obligation to indemnify the County under the Loan Documents including but not limited to Sections 3.8, 3.9, 4.7, and 7.4 of this Agreement and Sections 2.1(d) and 4.7(b)(vi) of the HOME/HOPWA Regulatory Agreement, or liability for: (i) loss or damage of any kind resulting from waste, fraud or willful misrepresentation; (ii) the failure to pay taxes, assessments or other charges which may create liens on the Property that are payable or applicable prior to any foreclosure under the Deed of Trust (to the full extent of such taxes, assessments or other charges); (iii) the fair market value of any personal property or fixtures removed or disposed of by Borrower other than in accordance with the Deed of Trust; and (iv) the misappropriation of any proceeds under any insurance policies or awards resulting from condemnation or the exercise of the power of eminent domain or by reason of damage, loss or destruction to any portion of the Property. Section 2.11 AHP Funds. Borrower covenants that the Development Budget attached to this Agreement includes sufficient funds for the purpose of financing the acquisition of the Property and construction of the Development and that Borrower has binding commitments for all such funds. Borrower has applied for AHP Funds for the Development which funds, if awarded, will be used to pay for development costs of the Development. Borrower shall use diligent good faith efforts to secure a binding commitment for the AHP Funds in the approximate amount of Five Hundred Seventy Thousand Dollars ($570,000). Upon award of a commitment for the AHP Funds Borrower shall exercise diligent good faith efforts to obtain executed loan documents evidencing the loan of AHP Funds. Upon receipt of the AHP Funds Borrower shall immediately provide the County an updated Development Budget consistent with Section 3.18 below showing the use of the AHP Funds. Upon funding of the loan of AHP Funds such loan will be considered Approved Financing. ARTICLE 3 CONSTRUCTION OF THE DEVELOPMENT Section 3.1 Permits and Approvals. Borrower shall obtain all permits and approvals necessary for the construction of the Development no later than September 15, 2016, or such later date that the County approves in writing. Section 3.2 Bid Package. Not later than thirty (30) days prior to Borrower's proposed date for advertising the Bid Package, Borrower shall submit to the County a copy of Borrower's general contractor's proposed Bid Package. The County's Deputy Director, Department of Conservation and Development, or his or her designee, shall approve or disapprove the Bid Package within fifteen July 12, 2016 Contra Costa County Board of Supervisors 1101 21 863\100\1885558.4 (15) days after receipt of the Bid Package by the County. If the County rejects the proposed Bid Package the reasons therefore must be given to Borrower. The Borrower will then have fifteen (15) days to revise the proposed Bid Package and resubmit it to the County. The County will then have fifteen (15) days to review and approve Borrower's new or corrected Bid Package. The provisions of this Section will continue to apply until a proposed Bid Package has been approved by the County. Borrower may not publish a proposed Bid Package until it has been approved by the County. Section 3.3 Construction Contract. (a) Not later than fifteen (15) days prior to the proposed Commencement of Construction, Borrower shall submit to the County for its approval a draft of the proposed construction contract for the Development. All construction work and professional services are to be performed by persons or entities licensed or otherwise authorized to perform the applicable construction work or service in the State of California. Each contract that Borrower enters for construction of the Development is to provide that at least ten percent (10%) of the costs incurred will be payable only upon completion of the construction, subject to reduction in the amount of retention held or early release of retention for specified subcontractors upon approval by the County. The construction contract will include all applicable HOME and HOPWA requirements set forth in Section 4.7 of the HOME/HOPWA Regulatory Agreement. The County's approval of the construction contract may not be deemed to constitute approval of or concurrence with any term or condition of the construction contract except as such term or condition may be required by this Agreement. (b) Upon receipt by the County of the proposed construction contract, the County shall promptly review same and approve or disapprove it within ten (10) days. If the construction contract is not approved by the County, the County shall set forth in writing and notify Borrower of the County's reasons for withholding such approval. Borrower shall thereafter submit a revised construction contract for County approval, which approval is to be granted or denied in ten (10) days in accordance with the procedures set forth above. Any construction contract executed by Borrower for the Development is to be in the form approved by the County. Section 3.4 Construction Bonds. Not later than ten (10) days prior to the proposed Commencement of Construction Borrower shall deliver to the County copies of labor and material bonds and performance bonds for the construction of the Development in an amount equal to one hundred percent (100%) of the scheduled cost of the construction of the Development. Such bonds must name the County as a co-obligee. Section 3.5 Commencement of Construction. July 12, 2016 Contra Costa County Board of Supervisors 1102 22 863\100\1885558.4 Borrower shall cause the Commencement of Construction of the Development to occur no later than September 15, 2016, or such later date that the County approves in writing, but in no event later than 1 year from date of this Agreement. For the purposes of this Agreement, "Commencement of Construction" means the date set for the start of construction of the Development in the notice to proceed issued by Borrower to Borrower's general contractor. Section 3.6 Completion of Construction. (a) Borrower shall diligently prosecute construction of the Development to completion, and shall cause the construction of the Development to be completed no later than July 1, 2018, or such later date that the County approves in writing. (b) Borrower shall give notice to the County upon completion of construction of the Development. Upon receipt of such notice the County will perform an inspection of the Development to determine if the Development was constructed in accordance with the HOME Regulations, including the property standards set forth in 24 C.F.R. 92.251. If the County determines the Development was not constructed in accordance with the HOME Regulations, the County will provide Borrower with a written report of the deficiencies. Borrower shall correct such deficiencies within the timeframe set forth in the notice provided to Borrower by the County. The Development may not be occupied until such deficiencies have been corrected to the satisfaction of the County. Section 3.7 Changes; Construction Pursuant to Plans and Laws. (a) Changes. Borrower shall construct the Development in conformance with (i) the plans and specifications approved by the City's Building Inspection Department, and (ii) the Approved Development Budget. Borrower shall notify the County in a timely manner of any changes in the work required to be performed under this Agreement, including any additions, changes, or deletions to the plans and specifications approved by the City. Written authorization from the County must be obtained before any of the following changes, additions, or deletions in work for the Development may be performed: (i) any change in the work the cost of which exceeds Fifty Thousand Dollars ($50,000); or (ii) any set of changes in the work the cost of which cumulatively exceeds One Hundred Thousand Dollars ($100,000) or ten percent (10%) of the Loan amount, whichever is less; or (iii) any material change in building materials or equipment, specifications, or the structural or architectural design or appearance of the Development as provided for in the plans and specifications approved by the County. The County's consent to any additions, changes, or deletions to the work does not relieve or release Borrower from any other obligations under this Agreement, or relieve or release Borrower or its surety from any surety bond. (b) Compliance with Laws. Borrower shall cause all work performed in connection with the Development to be performed in compliance with: (i) all applicable laws, codes (including building codes and codes applicable to mitigation of disasters such as earthquakes), ordinances, rules and regulations of federal, state, county or municipal governments or agencies now in force or that may be enacted hereafter; July 12, 2016 Contra Costa County Board of Supervisors 1103 23 863\100\1885558.4 (ii) the property standards set out in 24 C.F.R. 92.251 as implemented by Section 5.6 of the HOME/HOPWA Regulatory Agreement, and 24 C.F.R. Section 574.310; and (iii) all directions, rules and regulations of any fire marshal, health officer, building inspector, or other officer of every governmental agency now having or hereafter acquiring jurisdiction. Borrower may permit the work to proceed only after procurement of each permit, license, or other authorization that may be required by any governmental agency having jurisdiction, and Borrower is responsible to the County for the procurement and maintenance thereof. Section 3.8 Prevailing Wages. (a) Davis Bacon. Borrower shall cause construction of the Development to be in compliance with the prevailing wage requirements of the federal Davis-Bacon Act (40 U.S.C. 3141-3148). Borrower shall indemnify, hold harmless and defend (with counsel reasonably acceptable to the County) the County against any claim for damages, compensation, fines, penalties or other amounts arising out of the failure or alleged failure of any person or entity (including the Borrower, its contractor and subcontractors) to pay prevailing wages as determined pursuant to the prevailing wage provisions of the federal Davis-Bacon Act and implementing rules and regulations in connection with the construction of the Development or any other work undertaken or in connection with the Property. The requirements in this subsection survive the repayment of the Loan, and the reconveyance of the Deed of Trust. (b) State Prevailing Wages. (i) To the extent required by applicable law Borrower shall: (1) pay, and shall cause any consultants or contractors to pay, prevailing wages in the construction of the Development as those wages are determined pursuant to California Labor Code Section 1720 et seq.; (2) cause any consultants or contractors to employ apprentices as required by California Labor Code Section 1777.5 et seq., and the implementing regulations of the Department of Industrial Relations (the "DIR"), and to comply with the other applicable provisions of California Labor Code Sections 1720 et seq., 1777.5 et seq., and implementing regulations of the DIR; (3) keep and retain, and shall cause any consultants and contractors to keep and retain, such records as are necessary to determine if such prevailing wages have been paid as required pursuant to California Labor Code Section 1720 et seq., and apprentices have been employed are required by California Labor Code Section 1777.5 et seq.; (4) post at the Property, or shall cause the contractor to post at the Property, the applicable prevailing rates of per diem wages. Copies of the currently applicable current per diem prevailing wages are available from DIR; July 12, 2016 Contra Costa County Board of Supervisors 1104 24 863\100\1885558.4 (5) cause contractors and subcontractors constructing the Development to be registered as set forth in California Labor Code Section 1725.5; (6) cause its contractors and subcontractors, in all calls for bids, bidding materials and the construction contract documents for the construction of the Development to specify that: (A) no contractor or subcontractor may be listed on a bid proposal nor be awarded a contract for the construction of the Development unless registered with the DIR pursuant to California Labor Code Section 1725.5; and (B) the construction of the Development is subject to compliance monitoring and enforcement by the DIR. (7) provide the County all information required by California Labor Code Section 1773.3 as set forth in the DIR's online form PWC-100 within 2 days of the award of any contract (https://www.dir.ca.gov/pwc100ext/); (8) cause its contractors to post job site notices, as prescribed by regulation by the DIR; and (9) cause its contractors to furnish payroll records required by California Labor Code Section 1776 directly to the Labor Commissioner, at least monthly in the electronic format prescribed by the Labor Commissioner. (ii) Borrower shall indemnify, hold harmless and defend (with counsel reasonably acceptable to the County) the County against any claim for damages, compensation, fines, penalties or other amounts arising out of the failure or alleged failure of any person or entity (including Borrower, its contractor and subcontractors) to pay prevailing wages as determined pursuant to California Labor Code Section 1720 et seq., to employ apprentices pursuant to California Labor Code Section 1777.5 et seq., to meet the conditions of California Labor Code Section 1771.4, and implementing regulations of the DIR, or to comply with the other applicable provisions of California Labor Code Sections 1720 et seq., 1777.5 et seq., and 1771.4, and the implementing regulations of the DIR, in connection with the construction of the Development or any other work undertaken or in connection with the Property. The requirements in this Section survive the repayment of the Loan, and the reconveyance of the Deed of Trust. Section 3.9 Accessibility. Borrower shall construct the Development in compliance with all applicable federal and state disabled persons accessibility requirements including but not limited to the Federal Fair Housing Act; Section 504 of the Rehabilitation Act of 1973 ("Section 504"); Title II and/or Title III of the Americans with Disabilities Act; and Title 24 of the California Code of Regulations (collectively, the "Accessibility Requirements"). In compliance with Section 504, a minimum of three (3) County-Assisted Units must be constructed to be fully accessible to households with a July 12, 2016 Contra Costa County Board of Supervisors 1105 25 863\100\1885558.4 mobility impaired member and an additional two (2) County-Assisted Units must be constructed to be fully accessible to hearing and/or visually impaired persons. In compliance with Section 504 Borrower shall provide the County with a certification from the Development architect that to the best of the architect's knowledge, the Development complies with all federal and state accessibility requirements applicable to the Development. Borrower shall indemnify, hold harmless and defend (with counsel reasonably acceptable to the County) the County against any claim for damages, compensation, fines, penalties or other amounts arising out of the failure or alleged failure of any person or entity (including Borrower, its architect, contractor and subcontractors) to construct the Development in accordance with the Accessibility Requirements. The requirements in this Subsection survive repayment of the Loan and the reconveyance of the Deed of Trust. Section 3.10 Equal Opportunity. During the construction of the Development discrimination on the basis of race, color, creed, religion, age, sex, sexual orientation, marital status, national origin, ancestry, or disability in the hiring, firing, promoting, or demoting of any person engaged in the construction work is not allowed. Section 3.11 Minority and Women-Owned Contractors. Borrower shall use its best efforts to afford minority-owned and women-owned business enterprises the maximum practicable opportunity to participate in the construction of the Development. Borrower shall, at a minimum, notify applicable minority-owned and women- owned business firms located in Contra Costa County of bid opportunities for the construction of the Development. A listing of minority owned and women owned businesses located in the County and neighboring counties is available from the County. Documentation of such notifications must be maintained by Borrower and available to the County upon request. Section 3.12 Progress Reports. Until such time as Borrower has received a certificate of occupancy from the City for the Development, Borrower shall provide the County with quarterly progress reports regarding the status of the construction of the Development, including a certification that the actual construction costs to date conform to the Approved Development Budget, as it may be amended from time to time pursuant to Section 3.16 below. Section 3.13 Construction Responsibilities. (a) Borrower is responsible for the coordination and scheduling of the work to be performed so that commencement and completion of the construction of the Development takes place in accordance with this Agreement. (b) Borrower is solely responsible for all aspects of Borrower's conduct in connection with the Development, including (but not limited to) the quality and suitability of the plans and specifications, the supervision of construction work, and the qualifications, financial condition, and performance of all architects, engineers, contractors, subcontractors, suppliers, consultants, and property managers. Any review or inspection undertaken by the July 12, 2016 Contra Costa County Board of Supervisors 1106 26 863\100\1885558.4 County with reference to the Development is solely for the purpose of determining whether Borrower is properly discharging its obligations to the County, and may not be relied upon by Borrower or by any third parties as a warranty or representation by the County as to the quality of the design or construction of the Development. Section 3.14 Mechanics Liens, Stop Notices, and Notices of Completion. (a) If any claim of lien is filed against the Property or a stop notice affecting the Loan is served on the County or any other lender or other third party in connection with the Development, then Borrower shall, within twenty (20) days after such filing or service, either pay and fully discharge the lien or stop notice, effect the release of such lien or stop notice by delivering to the County a surety bond in sufficient form and amount, or provide the County with other assurance satisfactory to the County that the claim of lien or stop notice will be paid or discharged. (b) If Borrower fails to discharge any lien, encumbrance, charge, or claim in the manner required in this Section, then in addition to any other right or remedy, the County may (but is under no obligation to) discharge such lien, encumbrance, charge, or claim at Borrower's expense. Alternately, the County may require Borrower to immediately deposit with the County the amount necessary to satisfy such lien or claim and any costs, pending resolution thereof. The County may use such deposit to satisfy any claim or lien that is adversely determined against Borrower. (c) Borrower shall file a valid notice of cessation or notice of completion upon cessation of construction work on the Development for a continuous period of thirty (30) days or more, and take all other steps necessary to forestall the assertion of claims of lien against the Property. Borrower authorizes the County, but the County has no obligation, to record any notices of completion or cessation of labor, or any other notice that the County deems necessary or desirable to protect its interest in the Development and Property. Section 3.15 Inspections. Borrower shall permit and facilitate, and shall require its contractors to permit and facilitate, observation and inspection at the Development by the County and by public authorities during reasonable business hours during the Term, for the purposes of determining compliance with this Agreement. Section 3.16 Approved Development Budget; Revisions to Budget. As of the date of this Agreement, the County has approved the Approved Development Budget set forth in Exhibit B. Borrower shall submit any required amendments to the Approved Development Budget to the County for approval within five (5) days after the date Borrower receives information indicating that actual costs of the Development vary or will vary from the costs shown on the Approved Development Budget. Written consent of the County will be required to amend the Approved Development Budget. Section 3.17 Developer Fee. July 12, 2016 Contra Costa County Board of Supervisors 1107 27 863\100\1885558.4 The maximum cumulative Developer Fee that may be paid to any entity or entities providing development services to the Development, whether paid up-front or on a deferred basis, is not to exceed the amount allowed by TCAC and as approved by the County. For the purposes of this Agreement "Developer Fee" has the meaning set forth in California Code of Regulations, Title 4, Section 10302(l). The total of Developer Fee paid, whether paid up-front or on a deferred basis, out of Annual Operating Expenses and Borrower's Shared Portion of Residual Receipts, is not to exceed One Million Five Hundred Thousand Dollars ($1,500,000). Section 3.18 Partnership/Asset Fee. During the Fifteen Year Compliance Period, the Partnership/Asset Fee is not to exceed Thirty-Two Thousand Dollars ($32,000) per year. After the expiration of the Fifteen Year Compliance Period, the Partnership/Asset Fee is not to exceed Twenty-Five Thousand Dollars ($25,000) per year. Section 3.19 NEPA Mitigation Requirements. Borrower shall comply with the NEPA mitigation requirements set forth in the attached Exhibit C in the construction of the Development. ARTICLE 4 LOAN REQUIREMENTS Section 4.1 Match Requirement. The Borrower shall ensure that the Loan is matched with a minimum of Two Hundred Fifty Thousand Dollars ($250,000) in other, non-federal sources, pursuant to and eligible under applicable HOME regulations. Section 4.2 Reserve Accounts. (a) Replacement Reserve Account. Borrower shall establish and maintain an account that is available for capital expenditures for repairs and replacement necessary to maintain the Development in the condition required by the Loan Documents (the "Replacement Reserve Account"). Borrower shall make annual deposits to the Replacement Reserve Account in the amounts required in the Partnership Agreement and/or the documents evidencing the Bank Loan, whichever is greater. In no event shall the annual amount deposited in the Replacement Reserve Account exceed Six Hundred Dollars ($600) per unit, increasing by the applicable consumer price index every five (5) years, or such greater amount required in connection with the Partnership Agreement or any permanent financing, and approved by the County. (b) Operating Reserve Account. Borrower shall establish and maintain an account that is available to fund operating deficits (which is the amount by which Annual Operating Expenses exceed Gross Revenue for any period) (the "Operating Reserve Account"). Borrower shall capitalize the Operating Reserve Account in the amount required by TCAC (currently three months of Annual Operating Expenses); provided, however that if the Partnership Agreement or the documents evidencing the Bank Loan require the Operating July 12, 2016 Contra Costa County Board of Supervisors 1108 28 863\100\1885558.4 Reserve Account to be capitalized in an amount greater than the TCAC requirement, Borrower shall capitalize the Operating Reserve Account as required by the Partnership Agreement or the documents evidencing the Bank Loan, as applicable, for as long as the Partnership Agreement or the Bank Loan, as applicable, is outstanding. In no event may the amount held in the Operating Reserve Account exceed six (6) months gross rent from the Development (as such rent may vary from time to time), including rental subsidy payments. Section 4.3 Financial Accountings and Post-Completion Audits. (a) No later than ninety (90) days following completion of construction of the Development, Borrower shall provide to the County for its review and approval a financial accounting of all sources and uses of funds for the Development. (b) No later than one hundred twenty (120) days after Permanent Conversion, Borrower shall submit an audited financial report showing the sources and uses of all funds utilized for the Development. This requirement may be satisfied by providing the Final Cost Certification to the County. "Final Cost Certification" means the Final Cost Certification Sources and Uses of Funds prepared by Borrower for the Development that: (i) Borrower submits to TCAC; and (ii) has been prepared using generally accepted accounting standards in effect in the United States of America from time to time, consistently applied. Section 4.4 Approval of Annual Operating Budget. At the beginning of each year of the Term, Borrower shall provide to the County an annual budget for the operation of the Development. The County may request additional information to assist the County in evaluating the financial viability of the Development. Unless rejected by the County in writing within thirty (30) days after receipt of the budget, the budget will be deemed accepted. If rejected by the County in whole or in part, Borrower shall submit a new or corrected budget within thirty (30) calendar days after notification of the County's rejection and the reasons therefor. The provisions of this Section relating to time periods for resubmission of new or corrected budgets will continue to apply until such budget has been approved by the County. Section 4.5 Information. Borrower shall provide any information reasonably requested by the County in connection with the Development, including (but not limited to) any information required by HUD in connection with Borrower's use of the Loan funds. Section 4.6 County Audits. (a) Each year, Borrower shall provide the County with a copy of Borrower's annual audit, which is to include information on all of Borrower's activities and not just those pertaining to the Development. (b) In addition, the County may, at any time, audit all of Borrower's books, records, and accounts pertaining to the Development including but not limited to the Residual Receipts of the Development. Any such audit is to be conducted during normal business July 12, 2016 Contra Costa County Board of Supervisors 1109 29 863\100\1885558.4 hours at the principal place of business of Borrower and wherever records are kept. Immediately after the completion of an audit, the County shall deliver a copy of the results of the audit to Borrower. (c) If it is determined as a result of an audit that there has been a deficiency in a loan repayment to the County then such deficiency will become immediately due and payable, with interest at the Default Rate from the date the deficient amount should have been paid. In addition, if the audit determines that Residual Receipts have been understated for any year by the greater of: (i) Two Thousand Five Hundred Dollars ($2,500); and (ii) an amount that exceeds five percent (5%) of the Residual Receipts, then, in addition to paying the deficiency with interest, Borrower shall pay all of the County's costs and expenses connected with the audit and review of Borrower's accounts and records. Section 4.7 Hazardous Materials. (a) Borrower shall keep and maintain the Property (including but not limited to, soil and ground water conditions) in compliance with all Hazardous Materials Laws and may not cause or permit the Property to be in violation of any Hazardous Materials Law. Borrower may not cause or permit the use, generation, manufacture, storage or disposal of on, under, or about the Property or transportation to or from the Property of any Hazardous Materials, except such of the foregoing as may be customarily used in construction of projects like the Development or kept and used in and about residential property of this type. (b) Borrower shall immediately advise the County in writing if at any time it receives written notice of any Hazardous Materials Claims, and Borrower's discovery of any occurrence or condition on any real property adjoining or in the vicinity of the Property that could cause the Property or any part thereof to be classified as "border-zone property" (as defined in California Health and Safety Code Section 25117.4) under the provision of California Health and Safety Code, Section 25220 et seq., or any regulation adopted in accordance therewith, or to be otherwise subject to any restrictions on the ownership, occupancy, transferability or use of the Property under any Hazardous Materials Law. (c) The County has the right to join and participate in, as a party if it so elects, and be represented by counsel acceptable to the County (or counsel of its own choice if a conflict exists with Borrower) in any legal proceedings or actions initiated in connection with any Hazardous Materials Claims and to have its reasonable attorneys' fees in connection therewith paid by Borrower. (d) Borrower shall indemnify and hold harmless the County and its board members, supervisors, directors, officers, employees, agents, successors and assigns from and against any loss, damage, cost, fine, penalty, judgment, award, settlement, expense or liability, directly or indirectly arising out of or attributable to: (i) any actual or alleged past or present violation of any Hazardous Materials Law; (ii) any Hazardous Materials Claim; (iii) any actual or alleged past or present use, generation, manufacture, storage, release, threatened release, discharge, disposal, transportation, or presence of Hazardous Materials on, under, or about the Property; (iv) any investigation, cleanup, remediation, removal, or restoration work of site conditions of the Property relating to Hazardous Materials (whether on the Property or any other property); and (v) the breach of any representation of warranty July 12, 2016 Contra Costa County Board of Supervisors 1110 30 863\100\1885558.4 by or covenant of Borrower in this Section 4.7, and Section 5.1(m). Such indemnity shall include, without limitation: (x) all consequential damages; (y) the costs of any required or necessary investigation, repair, cleanup or detoxification of the Property and the preparation and implementation of any closure, remedial or other required plans; and (z) all reasonable costs and expenses incurred by the County in connection with clauses (x) and (y), including but not limited to reasonable attorneys' fees and consultant fees. This indemnification applies whether or not any government agency has issued a cleanup order. Losses, claims, costs, suits, liability, and expenses covered by this indemnification provision include, but are not limited to: (1) losses attributable to diminution in the value of the Property, (2) loss or restriction of use of rentable space on the Property, (3) adverse effect on the marketing of any rental space on the Property, and (4) penalties and fines levied by, and remedial or enforcement actions of any kind issued by any regulatory agency (including but not limited to the costs of any required testing, remediation, repair, removal, cleanup or detoxification of the Property and surrounding properties). This obligation to indemnify will survive termination of this Agreement and will not be diminished or affected in any respect as a result of any notice, disclosure, knowledge, if any, to or by the County of Hazardous Materials. (e) Without the County's prior written consent, which will not be unreasonably withheld, Borrower may not take any remedial action in response to the presence of any Hazardous Materials on, under or about the Property, nor enter into any settlement agreement, consent decree, or other compromise in respect to any Hazardous Material Claims, which remedial action, settlement, consent decree or compromise might, in the County's judgment, impair the value of the County's security hereunder; provided, however, that the County's prior consent is not necessary in the event that the presence of Hazardous Materials on, under, or about the Property either poses an immediate threat to the health, safety or welfare of any individual or is of such a nature that an immediate remedial response is necessary and it is not reasonably possible to obtain the County's consent before taking such action, provided that in such event Borrower shall notify the County as soon as practicable of any action so taken. The County agrees not to withhold its consent, where such consent is required hereunder, if: (i) a particular remedial action is ordered by a court of competent jurisdiction; (ii) Borrower will or may be subjected to civil or criminal sanctions or penalties if it fails to take a required action; (iii) Borrower establishes to the satisfaction of the County that there is no reasonable alternative to such remedial action which would result in less impairment of the County's security hereunder; or (iv) the action has been agreed to by the County. (f) Borrower hereby acknowledges and agrees that: (i) this Section is intended as the County's written request for information (and Borrower's response) concerning the environmental condition of the Property as required by California Code of Civil Procedure Section 726.5; and (ii) each representation and warranty in this Agreement (together with any indemnity obligation applicable to a breach of any such representation and warranty) with respect to the environmental condition of the Property is intended by the Parties to be an "environmental provision" for purposes of California Code of Civil Procedure Section 736. (g) In the event that any portion of the Property is determined to be July 12, 2016 Contra Costa County Board of Supervisors 1111 31 863\100\1885558.4 "environmentally impaired" (as that term is defined in California Code of Civil Procedure Section 726.5(e)(3)) or to be an "affected parcel" (as that term is defined in California Code of Civil Procedure Section 726.5(e)(1)), then, without otherwise limiting or in any way affecting the County's or the trustee's rights and remedies under the Deed of Trust, the County may elect to exercise its rights under California Code of Civil Procedure Section 726.5(a) to: (i) waive its lien on such environmentally impaired or affected portion of the Property; and (ii) exercise, (1) the rights and remedies of an unsecured creditor, including reduction of its claim against Borrower to judgment, and (2) any other rights and remedies permitted by law. For purposes of determining the County's right to proceed as an unsecured creditor under California Code of Civil Procedure Section 726.5(a), Borrower will be deemed to have willfully permitted or acquiesced in a release or threatened release of Hazardous Materials, within the meaning of California Code of Civil Procedure Section 726.5(d)(1), if the release or threatened release of Hazardous Materials was knowingly or negligently caused or contributed to by any lessee, occupant, or user of any portion of the Property and Borrower knew or should have known of the activity by such lessee, occupant, or user which caused or contributed to the release or threatened release. All costs and expenses, including (but not limited to) attorneys' fees, incurred by the County in connection with any action commenced under this paragraph, including any action required by California Code of Civil Procedure Section 726.5(b) to determine the degree to which the Property is environmentally impaired, plus interest thereon at the Default Rate, until paid, will be added to the indebtedness secured by the Deed of Trust and is due and payable to the County upon its demand made at any time following the conclusion of such action. Section 4.8 Maintenance; Damage and Destruction. (a) During the course of both construction and operation of the Development, Borrower shall maintain the Development and the Property in good repair and in a neat, clean and orderly condition, and in accordance with the Regulatory Agreements. (b) Subject to the requirements of senior lenders, and if economically feasible in the County's judgment after consultation with Borrower, if any improvement now or in the future on the Property is damaged or destroyed, then Borrower shall, at its cost and expense, diligently undertake to repair or restore such improvement consistent with the plans and specifications approved by the County with such changes as have been approved by the County. Such work or repair is to be commenced no later than the later of one hundred twenty (120) days, or such longer period approved by the County in writing, after the damage or loss occurs or thirty (30) days following receipt of the insurance proceeds, and is to be complete within one (1) year thereafter. Any insurance proceeds collected for such damage or destruction are to be applied to the cost of such repairs or restoration and, if such insurance proceeds are insufficient for such purpose, then Borrower shall make up the deficiency. If Borrower does not promptly make such repairs then any insurance proceeds collected for such damage or destruction are to be promptly delivered by Borrower to the County as a special repayment of the Loan, subject to the rights of the senior lenders, if any. Section 4.9 Fees and Taxes. Borrower is solely responsible for payment of all fees, assessments, taxes, charges, and levies imposed by any public authority or utility company with respect to the Property or the July 12, 2016 Contra Costa County Board of Supervisors 1112 32 863\100\1885558.4 Development, and shall pay such charges prior to delinquency and at such times and in such manner as to prevent any penalty from accruing, or any lien or charge from attaching to the Property. Borrower is also solely responsible for payment of all personal property taxes, and all franchise, income, employment, old age benefit, withholding, sales, and other taxes assessed against it, or payable by it, and shall pay such charges prior to delinquency and at such times and in such manner as to prevent any penalty from accruing, or any lien or charge from attaching to the Property. However, Borrower is not required to pay and discharge any such charge so long as: (i) the legality thereof is being contested diligently and in good faith and by appropriate proceedings; and (ii) if requested by the County, Borrower deposits with the County any funds or other forms of assurance that the County in good faith from time to time determines appropriate to protect the County from the consequences of the contest being unsuccessful. In the event Borrower exercises its right to contest any tax, assessment, or charge against it, Borrower, on final determination of the proceeding or contest, will immediately pay or discharge any decision or judgment rendered against it, together with all costs, charges and interest. Borrower shall not apply for a property tax exemption for the Property under any provision of law except California Revenue and Taxation Section 214(g) without the prior written consent of the County. Section 4.10 Notice of Litigation. Borrower shall promptly notify the County in writing of any litigation that has the potential to materially affect Borrower or the Property and of any claims or disputes that involve a material risk of such litigation. Section 4.11 Operation of Development as Affordable Housing. Borrower shall operate the Development (i) in accordance with all applicable laws, codes, ordinances, rules and regulations of federal, state, county or municipal governments or agencies now in force or that may be enacted hereafter, and (ii) as an affordable housing development consistent with: (1) HUD's requirements for use of HOPWA Funds and HOME Funds; (2) the Regulatory Agreements; and (3) any other regulatory requirements imposed on Borrower including but not limited to regulatory agreements associated with the City Loan, AHSC Loan, and Low Income Housing Tax Credits provided by TCAC. Section 4.12 Nondiscrimination. (a) Borrower covenants by and for itself and its successors and assigns that there will be no discrimination against or segregation of a person or of a group of persons on account of race, color, religion, creed, age (except for lawful senior housing in accordance with state and federal law), familial status, disability, sex, sexual orientation, marital status, ancestry or national origin in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Property, nor may Borrower or any person claiming under or through Borrower establish or permit any such practice or practices of discrimination or segregation July 12, 2016 Contra Costa County Board of Supervisors 1113 33 863\100\1885558.4 with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees in the Property. The foregoing covenant will run with the land. (b) Nothing in this Section prohibits Borrower from requiring County- Assisted Units in the Development to be available to and occupied by income eligible households in accordance with the Regulatory Agreements, or from requiring the HOPWA- Assisted Units in the Development to be available to and occupied by HOPWA Eligible Households. Section 4.13 Transfer. (a) For purposes of this Agreement, "Transfer" means any sale, assignment, or transfer, whether voluntary or involuntary, of: (i) any rights and/or duties under this Agreement; and/or (ii) any interest in the Development, including (but not limited to) a fee simple interest, a joint tenancy interest, a life estate, a partnership interest, a leasehold interest, a security interest, or an interest evidenced by a land contract by which possession of the Development is transferred and Borrower retains title. The term "Transfer" excludes the leasing of any single unit in the Development to an occupant in compliance with the Regulatory Agreements. The County Deputy Director – Department of Conservation and Development is authorized to execute assignment and assumption agreements on behalf of the County to implement any approved Transfer. (b) Except as otherwise permitted in this Section 4.13, no Transfer is permitted without the prior written consent of the County, which the County may withhold in its sole discretion. The Loan will automatically accelerate and be due in full upon any Transfer made without the prior written consent of the County. (c) The County hereby approves future Transfers of the limited partner interest of Borrower provided that: (i) such Transfers do not affect the timing and amount of the Investor Limited Partner capital contributions provided for in the Partnership Agreement; and (ii) in subsequent Transfers, the Investor Limited Partner or an affiliate thereof, retains a membership or partnership interest and serves as a managing member or managing general partner of the successor limited partner. (d) The County hereby approves a Transfer of the Property from Borrower to RCD, or a non-profit affiliate of RCD, and an assumption of the Loan by such transferee at the end of the Fifteen Year Compliance Period, provided that: (i) such Transfer is pursuant to an option or right of first refusal agreement referenced in the Partnership Agreement, and (ii) the transferee expressly assumes the obligations of the Borrower under the Loan Documents, utilizing a form of assignment and assumption agreement provided by the County. (e) The County hereby approves the purchase of the Investor Limited Partner interest by RCD, or a non-profit affiliate of RCD at the end of the Fifteen Year Compliance Period, provided that such Transfer is pursuant to an option or right of first refusal agreement referenced in the Partnership Agreement. (f) In the event the general partner of Borrower is removed by the limited July 12, 2016 Contra Costa County Board of Supervisors 1114 34 863\100\1885558.4 partner of Borrower for cause following default under the Partnership Agreement, the County hereby approves the Transfer of the general partner interest to (i) a 501(c)(3) tax exempt nonprofit corporation or other entity with a 501(c)(3) tax exempt nonprofit corporation member or partner, which entity is also a qualified CHDO entity, that is selected by the Investor Limited Partner and approved by the County, and (ii) the Investor Limited Partner or an affiliate thereof, but only for a period not to exceed ninety (90) days from the date of removal of the general partner, during which time such entity shall diligently seek a replacement general partner meeting the requirements of subsection (i) above. If any Transfer results in the removal or withdrawal of Borrower's general partner, Borrower agrees to repay all principal and accrued interest on the HOME Funds portion of the Loan in full if the general partner is not replaced with a qualified CHDO entity in accordance with this Subsection. (g) The County hereby approves the grant of the security interests in the Development for Approved Financing. (h) The County hereby approves the replacement of RCD GP LLC as Borrower's general partner with Stargell Commons LLC, with RCD as the sole member/manager. Section 4.14 Insurance Requirements. (a) Borrower shall maintain the following insurance coverage throughout the Term of the Loan: (i) Workers' Compensation insurance to the extent required by law, including Employer's Liability coverage, with limits not less than One Million Dollars ($1,000,000) each accident. (ii) Commercial General Liability insurance with limits not less than Two Million Dollars ($2,000,000) each occurrence combined single limit for Bodily Injury and Property Damage, including coverages for Contractual Liability, Personal Injury, Broadform Property Damage, Products and Completed Operations. (iii) Automobile Liability insurance with limits not less than One Million Dollars ($1,000,000) each occurrence combined single limit for Bodily Injury and Property Damage, including coverages for owned, non-owned and hired vehicles, as applicable. (iv) Builders' Risk insurance during the course of construction, and upon completion of construction, property insurance covering the Development, in form appropriate for the nature of such property, covering all risks of loss, excluding earthquake, for one hundred percent (100%) of the replacement value, with deductible, if any, acceptable to the County, naming the County as a Loss Payee, as its interests may appear. Flood insurance must be obtained if required by applicable federal regulations. (v) Commercial crime insurance covering all officers and employees, for loss of Loan proceeds caused by dishonesty, in an amount approved by the County, naming the County a Loss Payee, as its interests may appear. July 12, 2016 Contra Costa County Board of Supervisors 1115 35 863\100\1885558.4 (b) Borrower shall cause any general contractor, agent, or subcontractor working on the Development under direct contract with Borrower or subcontract to maintain insurance of the types and in at least the minimum amounts described in subsections (i), (ii), and (iii) above, except that the limit of liability for commercial general liability insurance for subcontractors must be One Million Dollars ($1,000,000), and must require that such insurance will meet all of the general requirements of subsections (d) and (e) below. (c) The required insurance must be provided under an occurrence form, and Borrower shall maintain the coverage described in subsection (a) continuously throughout the Term. Should any of the required insurance be provided under a form of coverage that includes an annual aggregate limit or provides that claims investigation or legal defense costs be included in such annual aggregate limit, such annual aggregate limit must be three times the occurrence limits specified above. (d) Commercial General Liability, Automobile Liability and Property insurance policies must be endorsed to name as an additional insured the County and its officers, agents, employees and members of the County Board of Supervisors. (e) All policies and bonds are to contain: (i) the agreement of the insurer to give the County at least thirty (30) days' notice prior to cancellation (including, without limitation, for non-payment of premium) or any material change in said policies; (ii) an agreement that such policies are primary and non-contributing with any insurance that may be carried by the County; (iii) a provision that no act or omission of Borrower shall affect or limit the obligation of the insurance carrier to pay the amount of any loss sustained; and (iv) a waiver by the insurer of all rights of subrogation against the County and its authorized parties in connection with any loss or damage thereby insured against. Section 4.15 Covenants Regarding Approved Financing and Partnership Agreement. (a) Borrower shall promptly pay the principal and interest when due on any Approved Financing. (b) Borrower shall promptly notify the County in writing of the existence of any default under any documents evidencing Approved Financing whether or not a default has been declared by the lender, and any defaults under the Partnership Agreement, and provide the County copies of any notice of default. (c) Borrower may not amend, modify, supplement, cancel or terminate the Partnership Agreement or any documents related to any loan that is part of the Approved Financing without the prior written consent of the County except for amendments solely to effectuate Transfers permitted under Section 4.13 above. (d) Borrower may not incur any indebtedness of any kind other than Approved Financing or encumber the Development with any liens (other than liens for Approved Financing approved by the County) without the prior written consent of the County. July 12, 2016 Contra Costa County Board of Supervisors 1116 36 863\100\1885558.4 (e) The Partnership Agreement may not include any provisions that conflict with the provisions of this Agreement, including, without limitation, the Residual Receipts payment provisions of Section 2.8 above. July 12, 2016 Contra Costa County Board of Supervisors 1117 37 863\100\1885558.4 ARTICLE 5 REPRESENTATIONS AND WARRANTIES OF BORROWER Section 5.1 Representations and Warranties. Borrower hereby represents and warrants to the County as follows and acknowledges, understands, and agrees that the representations and warranties set forth in this Article 5 are deemed to be continuing during all times when any portion of the Loan remains outstanding: (a) Organization. Borrower is duly organized, validly existing and in good standing under the laws of the State of California and has the power and authority to own its property and carry on its business as now being conducted. (b) CHDO Requirement. Borrower's managing general partner is wholly owned and controlled by a qualified CHDO in good standing as defined in 24 C.F.R. 92.2, and required in 24 C.F.R. 92.300 (a)(1). (c) Authority of Borrower. Borrower has full power and authority to execute and deliver this Agreement and to make and accept the borrowings contemplated hereunder, to execute and deliver the Loan Documents and all other documents or instruments executed and delivered, or to be executed and delivered, pursuant to this Agreement, and to perform and observe the terms and provisions of all of the above. (d) Authority of Persons Executing Documents. This Agreement and the Loan Documents and all other documents or instruments executed and delivered, or to be executed and delivered, pursuant to this Agreement have been executed and delivered by persons who are duly authorized to execute and deliver the same for and on behalf of Borrower, and all actions required under Borrower's organizational documents and applicable governing law for the authorization, execution, delivery and performance of this Agreement and the Loan Documents and all other documents or instruments executed and delivered, or to be executed and delivered, pursuant to this Agreement, have been duly taken. (e) Valid Binding Agreements. The Loan Documents and all other documents or instruments executed and delivered pursuant to or in connection with this Agreement constitute or, if not yet executed or delivered, will when so executed and delivered constitute, legal, valid and binding obligations of Borrower enforceable against it in accordance with their respective terms. (f) No Breach of Law or Agreement. Neither the execution nor delivery of the Loan Documents or of any other documents or instruments executed and delivered, or to be executed or delivered, pursuant to this Agreement, nor the performance of any provision, condition, covenant or other term hereof or thereof, will: (i) conflict with or result in a breach of any statute, rule or regulation, or any judgment, decree or order of any court, board, commission or agency whatsoever that is binding on Borrower, or conflict with any provision of the organizational documents of Borrower, or conflict with any agreement to which Borrower is a party; or (ii) result in the creation or imposition of any lien upon any assets or property of Borrower, other than liens established pursuant hereto. July 12, 2016 Contra Costa County Board of Supervisors 1118 38 863\100\1885558.4 (g) Compliance with Laws; Consents and Approvals. The construction of the Development will comply with all applicable laws, ordinances, rules and regulations of federal, state and local governments and agencies and with all applicable directions, rules and regulations of the fire marshal, health officer, building inspector and other officers of any such government or agency. (h) Pending Proceedings. Borrower is not in default under any law or regulation or under any order of any court, board, commission or agency whatsoever, and there are no claims, actions, suits or proceedings pending or, to the knowledge of Borrower, threatened against or affecting Borrower or the Development, at law or in equity, before or by any court, board, commission or agency whatsoever which might, if determined adversely to Borrower, materially affect Borrower's ability to repay the Loan or impair the security to be given to the County pursuant hereto. (i) Title to Land. At the time of recordation of the Deed of Trust, Borrower will have good and marketable fee title to the Development and there will exist thereon or with respect thereto no mortgage, lien, pledge or other encumbrance of any character whatsoever other than liens shown on the County's title policy provided pursuant to Section 2.6(h) above, or approved in writing by the County. (j) Financial Statements. The financial statements of Borrower and other financial data and information furnished by Borrower to the County fairly and accurately present the information contained therein. As of the date of this Agreement, there has not been any material adverse change in the financial condition of Borrower from that shown by such financial statements and other data and information. (k) Sufficient Funds. Borrower holds sufficient funds and/or binding commitments for sufficient funds to complete the acquisition of the Property and the construction of the Development in accordance with the terms of this Agreement. (l) Taxes. Borrower and its subsidiaries have filed all federal and other material tax returns and reports required to be filed, and have paid all federal and other material taxes, assessments, fees and other governmental charges levied or imposed upon them or their income or the Property otherwise due and payable, except those that are being contested in good faith by appropriate proceedings and for which adequate reserves have been provided in accordance with generally accepted accounting principles. There is no proposed tax assessment against Borrower or any of its subsidiaries that could, if made, be reasonably expected to have a material adverse effect on the property, liabilities (actual or contingent), operations, condition (financial or otherwise) or prospects of Borrower and its subsidiaries, taken as a whole, or which could result in (i) a material impairment of the ability of Borrower to perform under any loan document to which it is a party, or (ii) a material adverse effect upon the legality, validity, binding effect or enforceability against Borrower of any Loan Document. (m) Hazardous Materials. To the best of Borrower's knowledge, except as disclosed in writing by Borrower to the County prior to the date of this Agreement: (i) no Hazardous Material has been disposed of, stored on, discharged from, or released to or from, or otherwise now exists in, on, under, or around, the Property; (ii) neither the Property nor July 12, 2016 Contra Costa County Board of Supervisors 1119 39 863\100\1885558.4 Borrower is in violation of any Hazardous Materials Law; and (iii) neither the Property nor Borrower is subject to any existing, pending or threatened Hazardous Materials Claims. ARTICLE 6 DEFAULT AND REMEDIES Section 6.1 Events of Default. Any one or more of the following constitutes an "Event of Default" by Borrower under this Agreement: (a) Failure to Construct. If Borrower fails to obtain permits, or to commence and prosecute construction of the Development to completion, within the times set forth in Article 3 above. (b) Failure to Make Payment. If Borrower fails to make any payment when such payment is due pursuant to the Loan Documents. (c) Failure to Submit Plans. If Borrower fails to submit a Marketing Plan, Tenant Selection Plan, or Social Services Plan that is approved by the County in accordance with the HOME/HOPWA Regulatory Agreement. (d) Breach of Covenants. If Borrower fails to duly perform, comply with, or observe any other condition, term, or covenant contained in this Agreement (other than as set forth in Section 6.1(a) through Section 6.1(c), and Section 6.1(e) through Section 6.1(m)), or in any of the other Loan Documents, and Borrower fails to cure such default within thirty (30) days after receipt of written notice thereof from the County to Borrower. (e) Default Under Other Loans. If a default is declared under any other financing for the Development by the lender of such financing and such default remains uncured following any applicable notice and cure period. (f) Insolvency. If a court having jurisdiction makes or enters any decree or order: (i) adjudging Borrower to be bankrupt or insolvent; (ii) approving as properly filed a petition seeking reorganization of Borrower, or seeking any arrangement for Borrower under the bankruptcy law or any other applicable debtor's relief law or statute of the United States or any state or other jurisdiction; (iii) appointing a receiver, trustee, liquidator, or assignee of Borrower in bankruptcy or insolvency or for any of their properties; (iv) directing the winding up or liquidation of Borrower if any such decree or order described in clauses (i) to (iv), inclusive, is unstayed or undischarged for a period of ninety (90) calendar days; or (v) Borrower admits in writing its inability to pay its debts as they fall due or will have voluntarily submitted to or filed a petition seeking any decree or order of the nature described in clauses (i) to (iv), inclusive. The occurrence of any of the Events of Default in this paragraph will act to accelerate automatically, without the need for any action by the County, the indebtedness evidenced by the Note. (g) Assignment; Attachment. If Borrower assigns its assets for the benefit of its creditors or suffers a sequestration or attachment of or execution on any substantial part of July 12, 2016 Contra Costa County Board of Supervisors 1120 40 863\100\1885558.4 its property, unless the property so assigned, sequestered, attached or executed upon is returned or released within ninety (90) calendar days after such event or, if sooner, prior to sale pursuant to such sequestration, attachment, or execution. The occurrence of any of the events of default in this paragraph shall act to accelerate automatically, without the need for any action by the County, the indebtedness evidenced by the Note. (h) Suspension; Termination. If Borrower voluntarily suspends its business or, the partnership is dissolved or terminated, other than a technical termination of the partnership for tax purposes. (i) Liens on Property and the Development. If any claim of lien (other than liens approved in writing by the County) is filed against the Development or any part thereof, or any interest or right made appurtenant thereto, or the service of any notice to withhold proceeds of the Loan and the continued maintenance of said claim of lien or notice to withhold for a period of twenty (20) days, without discharge or satisfaction thereof or provision therefor (including, without limitation, the posting of bonds) satisfactory to the County. (j) Condemnation. If there is a condemnation, seizure, or appropriation of all or the substantial part of the Property and the Development. (k) Unauthorized Transfer. If any Transfer occurs other than as permitted pursuant to Section 4.13. (l) Representation or Warranty Incorrect. If any Borrower representation or warranty contained in this Agreement, or in any application, financial statement, certificate, or report submitted to the County in connection with any of the Loan Documents, proves to have been incorrect in any material respect when made. (m) Applicability to General Partner. The occurrence of any of the events set forth in Section 6.1(f), through Section 6.1(h) in relation to Borrower's managing general partner, unless the removal and replacement of the Borrower's managing general partner in accordance with Section 4.13(f), within the time frame set forth in Section 6.5 cures such a default. Section 6.2 Remedies. Upon the occurrence of an Event of Default and until such Even of Default is cured or waived, the County is relieved of any obligation to disburse any portion of the Loan. In addition, upon the occurrence of an Event of Default and following the expiration of all applicable notice and cure periods the County may proceed with any and all remedies available to it under law, this Agreement, and the other Loan Documents. Such remedies include but are not limited to the following: (a) Acceleration of Note. The County may cause all indebtedness of Borrower to the County under this Agreement and the Note, together with any accrued interest thereon, to become immediately due and payable. Borrower waives all right to presentment, demand, protest or notice of protest or dishonor. The County may proceed to July 12, 2016 Contra Costa County Board of Supervisors 1121 41 863\100\1885558.4 enforce payment of the indebtedness and to exercise any or all rights afforded to the County as a creditor and secured party under the law including the Uniform Commercial Code, including foreclosure under the Deed of Trust. Borrower is liable to pay the County on demand all reasonable expenses, costs and fees (including, without limitation, reasonable attorney's fees and expenses) paid or incurred by the County in connection with the collection of the Loan and the preservation, maintenance, protection, sale, or other disposition of the security given for the Loan. (b) Specific Performance. The County has the right to mandamus or other suit, action or proceeding at law or in equity to require Borrower to perform its obligations and covenants under the Loan Documents or to enjoin acts on things that may be unlawful or in violation of the provisions of the Loan Documents. (c) Right to Cure at Borrower's Expense. The County has the right (but not the obligation) to cure any monetary default by Borrower under a loan other than the Loan. Upon demand therefor, Borrower shall reimburse the County for any funds advanced by the County to cure such monetary default by Borrower, together with interest thereon from the date of expenditure until the date of reimbursement at the Default Rate. Section 6.3 Right of Contest. Borrower may contest in good faith any claim, demand, levy, or assessment the assertion of which would constitute an Event of Default hereunder. Any such contest is to be prosecuted diligently and in a manner unprejudicial to the County or the rights of the County hereunder. Section 6.4 Remedies Cumulative. No right, power, or remedy given to the County by the terms of this Agreement or the other Loan Documents is intended to be exclusive of any other right, power, or remedy; and each and every such right, power, or remedy is cumulative and in addition to every other right, power, or remedy given to the County by the terms of any such instrument, or by any statute or otherwise against Borrower and any other person. Neither the failure nor any delay on the part of the County to exercise any such rights and remedies will operate as a waiver thereof, nor does any single or partial exercise by the County of any such right or remedy preclude any other or further exercise of such right or remedy, or any other right or remedy. Section 6.5 Notice and Cure Rights of Limited Partner. The County shall provide the Investor Limited Partner and any limited partner of Borrower who has requested written notice from the County ("Permitted Limited Partner") a duplicate copy of all notices of default that the County may give to or serve in writing upon Borrower pursuant to the terms of the Loan Documents, at the address set forth in Section 7.9, provided, the County shall have no liability to the Permitted Limited Partner for its failure to do so. The Permitted Limited Partner has the right, but not the obligation, to cure any default of Borrower set forth in such notice, during the applicable cure period described in the Loan Documents, and the County will accept tender of such cure as if delivered by Borrower. If the Permitted Limited Partner is unable to cure a default because Borrower's general partner is in bankruptcy and/or because the cure requires removal of the general partner of Borrower and the Permitted Limited Partner is July 12, 2016 Contra Costa County Board of Supervisors 1122 42 863\100\1885558.4 proceeding diligently to remove the general partner of Borrower in order to effect a cure of the Default, the cure period will be extended for such reasonable time as is necessary for the Permitted Limited Partner to effect a cure of the Default, but in no event longer than sixty (60) days after the date of receipt by the Permitted Limited Partner of written notice of the default. ARTICLE 7 GENERAL PROVISIONS Section 7.1 Relationship of Parties. Nothing contained in this Agreement is to be interpreted or understood by any of the Parties, or by any third persons, as creating the relationship of employer and employee, principal and agent, limited or general partnership, or joint venture between the County and Borrower or its agents, employees or contractors, and Borrower will at all times be deemed an independent contractor and to be wholly responsible for the manner in which it or its agents, or both, perform the services required of it by the terms of this Agreement. Borrower has and retains the right to exercise full control of employment, direction, compensation, and discharge of all persons assisting in the performance of services under the Agreement. In regards to the construction and operation of the Development, Borrower is solely responsible for all matters relating to payment of its employees, including compliance with Social Security, withholding, and all other laws and regulations governing such matters, and must include requirements in each contract that contractors are solely responsible for similar matters relating to their employees. Borrower is solely responsible for its own acts and those of its agents and employees. Section 7.2 No Claims. Nothing contained in this Agreement creates or justifies any claim against the County by any person that Borrower may have employed or with whom Borrower may have contracted relative to the purchase of materials, supplies or equipment, or the furnishing or the performance of any work or services with respect to the purchase of the Property, the construction or operation of the Development, and Borrower shall include similar requirements in any contracts entered into for the construction or operation of the Development. Section 7.3 Amendments. No alteration or variation of the terms of this Agreement is valid unless made in writing by the Parties. The County Deputy Director, Department of Conservation and Development is authorized to execute on behalf of the County amendments to the Loan Documents or amended and restated Loan Documents as long as any discretionary change in the amount or terms of this Agreement is approved by the County's Board of Supervisors. Section 7.4 Indemnification. Borrower shall indemnify, defend and hold the County and its board members, supervisors, directors, officers, employees, agents, successors and assigns harmless against any and all claims, suits, actions, losses and liability of every kind, nature and description made against it and expenses (including reasonable attorneys' fees) which arise out of or in connection with this Agreement, including but not limited to the purchase of the Property and the July 12, 2016 Contra Costa County Board of Supervisors 1123 43 863\100\1885558.4 development, construction, marketing and operation of the Development, except to the extent such claim arises from the gross negligence or willful misconduct of the County, its agents, and its employees. The provisions of this Section will survive the expiration of the Term and the reconveyance of the Deed of Trust. Section 7.5 Non-Liability of County Officials, Employees and Agents. No member, official, employee or agent of the County is personally liable to Borrower in the event of any default or breach of this Agreement by the County or for any amount that may become due from the County pursuant to this Agreement. Section 7.6 No Third Party Beneficiaries. There are no third party beneficiaries to this Agreement. Section 7.7 Discretion Retained By County. The County's execution of this Agreement in no way limits any discretion the County may have in the permit and approval process related to the construction of the Development. Section 7.8 Conflict of Interest. (a) Except for approved eligible administrative or personnel costs, no person described in Section 7.8(b) below who exercises or has exercised any functions or responsibilities with respect to the activities funded pursuant to this Agreement or who is in a position to participate in a decision-making process or gain inside information with regard to such activities, may obtain a financial interest or benefit from the activity, or have a financial interest in any contract, subcontract or agreement with respect thereto, or the proceeds thereunder, either for themselves or those with whom they have immediate family or business ties, during, or at any time after, such person's tenure. Borrower shall exercise due diligence to ensure that the prohibition in this Section 7.8(a) is followed. (b) The conflict of interest provisions of Section 7.8(a) above apply to any person who is an employee, agent, consultant, officer, or elected or appointed official of the County. (c) In accordance with California Government Code Section 1090 and the Political Reform Act, California Government Code section 87100 et seq., no person who is a director, officer, partner, trustee or employee or consultant of Borrower, or immediate family member of any of the preceding, may make or participate in a decision, made by the County or a County board, commission or committee, if it is reasonably foreseeable that the decision will have a material effect on any source of income, investment or interest in real property of that person or Borrower. Interpretation of this section is governed by the definitions and provisions used in the Political Reform Act, California Government Code Section 87100 et seq., its implementing regulations manual and codes, and California Government Code Section 1090. July 12, 2016 Contra Costa County Board of Supervisors 1124 44 863\100\1885558.4 Section 7.9 Notices, Demands and Communications. All notices required or permitted by any provision of this Agreement must be in writing and sent by registered or certified mail, postage prepaid, return receipt requested, or delivered by express delivery service, return receipt requested, or delivered personally, to the principal office of the Parties as follows: County: County of Contra Costa Department of Conservation and Development 30 Muir Road Martinez, CA 94553 Attention: Affordable Housing Program Manager Borrower: Riviera Family Apartments, L.P. c/o RCD GP, LLC 2220 Oxford Street Berkeley, CA 94720 Attention: Executive Director Investor Limited Partner: Wells Fargo Affordable Housing Community Development Corporation MAC D1053-170 301 South College Street Charlotte, NC 28288 Attention: Director of Tax Credit Asset Management Such written notices, demands and communications may be sent in the same manner to such other addresses as the affected party may from time to time designate by mail as provided in this Section. Receipt will be deemed to have occurred on the date shown on a written receipt as the date of delivery or refusal of delivery (or attempted delivery if undeliverable). Section 7.10 Applicable Law. This Agreement is governed by the laws of the State of California. Section 7.11 Parties Bound. Except as otherwise limited herein, this Agreement binds and inures to the benefit of the parties and their heirs, executors, administrators, legal representatives, successors, and assigns. This Agreement is intended to run with the land and to bind Borrower and its successors and assigns in the Property and the Development for the entire Term, and the benefit hereof is to inure to the benefit of the County and its successors and assigns. July 12, 2016 Contra Costa County Board of Supervisors 1125 45 863\100\1885558.4 Section 7.12 Attorneys' Fees. If any lawsuit is commenced to enforce any of the terms of this Agreement, the prevailing party will have the right to recover its reasonable attorneys' fees and costs of suit from the other party. Section 7.13 Severability. If any term of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions will continue in full force and effect unless the rights and obligations of the parties have been materially altered or abridged by such invalidation, voiding or unenforceability. Section 7.14 Force Majeure. In addition to specific provisions of this Agreement, performance by either party will not be deemed to be in default where delays or defaults are due to war, insurrection, strikes, lock- outs, riots, floods, earthquakes, fires, quarantine restrictions, freight embargoes, lack of transportation, or court order. An extension of time for any cause will be deemed granted if notice by the party claiming such extension is sent to the other within ten (10) days from the commencement of the cause and such extension of time is not rejected in writing by the other party within ten (10) days after receipt of the notice. In no event will the County be required to agree to cumulative delays in excess of one hundred eighty (180) days. Section 7.15 County Approval. The County has authorized the County Deputy Director- Department of Conservation and Development to execute the Loan Documents and deliver such approvals or consents as are required by this Agreement, and to execute estoppel certificates concerning the status of the Loan and the existence of Borrower defaults under the Loan Documents. Section 7.16 Waivers. Any waiver by the County of any obligation or condition in this Agreement must be in writing. No waiver will be implied from any delay or failure by the County to take action on any breach or default of Borrower or to pursue any remedy allowed under this Agreement or applicable law. Any extension of time granted to Borrower to perform any obligation under this Agreement does not operate as a waiver or release from any of its obligations under this Agreement. Consent by the County to any act or omission by Borrower may not be construed to be consent to any other or subsequent act or omission or to waive the requirement for the County's written consent to future waivers. Section 7.17 Title of Parts and Sections. Any titles of the sections or subsections of this Agreement are inserted for convenience of reference only and are to be disregarded in interpreting any part of the Agreement's provisions. July 12, 2016 Contra Costa County Board of Supervisors 1126 46 863\100\1885558.4 Section 7.18 Entire Understanding of the Parties. The Loan Documents constitute the entire agreement of the parties with respect to the Loan. Section 7.19 Multiple Originals; Counterpart. This Agreement may be executed in multiple originals, each of which is deemed to be an original, and may be signed in counterparts. Remainder of Page Left Intentionally Blank July 12, 2016 Contra Costa County Board of Supervisors 1127 Signature page County Loan Agreement 863\100\1885558.4 47 The parties are entering into this Agreement as of the last date set forth below. COUNTY: COUNTY OF CONTRA COSTA, a political subdivision of the State of California By: ____________________________________ Name: ____________________________________ Its: ____________________________________ Date: ____________________________________ APPROVED AS TO FORM: SHARON L. ANDERSON County Counsel By: ______________________ Kathleen Andrus Deputy County Counsel BORROWER: Riviera Family Apartments, L.P., a California limited partnership By: RCD GP LLC, a California limited liability company, its general partner By: Resources for Community Development, a California nonprofit public benefit corporation, its sole member/manager By:_______________________ Daniel Sawislak, Executive Director Date: ____________________________________ July 12, 2016 Contra Costa County Board of Supervisors 1128 A-1 863\100\1885558.4 EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY The land is situated in the State of California, County of Contra Costa, and is described as follows: July 12, 2016 Contra Costa County Board of Supervisors 1129 B-1 863\100\1885558.4 EXHIBIT B APPROVED DEVELOPMENT BUDGET July 12, 2016 Contra Costa County Board of Supervisors 1130 C-1 863\100\1885558.4 EXHIBIT C NEPA MITIGATION REQUIREMENTS NEPA Mitigation and Monitoring Plan – _Riviera Family Apartments – 1511-1515 Riviera___ All mitigations / conditions of approval must be included in project agreement and/or legal documents. Compliance with mitigations / conditions of approval must be documented prior to final payment of County funds Mitigation Measure(s) Source Method and date County staff informed Project Sponsor Included in County loan document and /or project agreement Verification of Mitigation Measure(s) Responsible for implementation Mitigation Timing Responsible for monitoring and reporting on implementation Monitoring and reporting frequency Verification of compliance Air Quality AQ1 – a and AQ1 – b AQ2 AQ3 LSA Associates, Inc. Health Risk Assessment December 2013 City of Walnut Creek Approved Construction Plans Project Sponsor, architect, contractor Pre and post construction Architect and contractor Ongoing Letter from Architect Copy of final building permit Biological Resources BR1 City of Walnut Creek Environmental Assessment February 2014 City of Walnut Creek Approved Construction Plans Project Sponsor, architect, contractor Pre and post construction Architect and contractor Ongoing Letter from Architect Copy of final building permit Cultural Resources CR1 CR2 CR3 CR4 AEM Consulting Historic & Cultural Resources Evaluation November 2013 Tom Origer & Associates Archeological & Historical Research City of Walnut Creek Approved Construction Plans Project Sponsor, architect, contractor Pre and post construction Architect and contractor Ongoing – during construction Letter from AEM Consulting Letter from Tom Origer & Associates July 12, 2016 Contra Costa County Board of Supervisors 1131 C-2 863\100\1885558.4 November 2013 Geology G1 Furgo West, Inc. Geotechnical Study Update December 2005 City of Walnut Creek Approved Construction Plans Project Sponsor, architect, contractor Pre and post construction Project sponsor, architect and contractor Once – after construction has been completed. Copy of Final approved Building Permit Letter from architect Noise N1 Charles M. Salter Associates Inc. Environmental Noise Study January 2014 City of Walnut Creek Approved Construction Plans Project Sponsor, architect, contractor Pre and post construction Project sponsor, architect and contractor Once – after construction has been completed. Copy of Final approved Building Permit Letter from architect AQ1-a. To mitigate for Toxic Air Contaminants from nearby Interstate 680 (I-680): To reduce health risk levels for future residents of the project site the project applicant shall provide an air ventilation system with filtration the will remove particulate matter from indoor air to a level sufficient to achieve compliance with the BAAQMD threshold. To reduce health risk levels for future residents of the project site, air filtration system control efficiency must result in a reduction of 65.5 percent of particulates of 2.5 microns or less, equivalent to Minimum Efficiency Reporting Value (MERV)-11 filters or better, which would reduce carcinogenic health risk levels for future residents at the 1515 Riviera Avenue site to 9.92 (which would be below the BAAQMD’s significance criteria of 10). Air intakes should be located as far away from I-680 as feasible. AQ1-b. The project applicant shall disclose to potential occupants of the project through an addendum to the lease agreement that the proximity of the project site to the freeway could result in increased long-term health risks. The disclosure shall indicate the specifications for the installed air filtration system. The property manager shall be required to maintain particulate filters to ensure proper operation of HVAC equipment. The required maintenance on the HVAC equipment shall be included in the operations and maintenance schedule kept in the property manager’s office and will be required in the County’s regulatory agreement. AQ2. Consistent with BAAQMD’s preferred approach, the project developer shall ensure that the following measures are included in construction co ntracts and specifications to control fugitive dust emissions:  Water all active construction areas at least twice daily and more often during windy periods; active areas adjacent to existing land uses shall be kept damp at all times, or shall be treated with non-toxic stabilizers or dust palliatives;  Cover all trucks hauling soil, sand, and other loose materials or require all trucks to maintain at least 2 feet of freeboard;  Pave, apply water 3 times daily, or apply (non-toxic) soil stabilizers on all unpaved access roads, parking areas and staging areas at construction sites;  Sweep daily (with water sweepers) all paved access road, parking areas and staging areas at construction sites; water sweepers shall vacuum up excess water to avoid runoff-related impacts to water quality;  Sweep streets daily (preferably with water sweepers) if visible soil material is carried onto adjacent public streets;  Hydroseed or apply non-toxic soil stabilizers to inactive construction areas;  Enclose, cover, water twice daily or apply non-toxic soil binders to exposed stockpiles (dirt, sand, etc.);  Limit traffic speeds on unpaved roads to 15 MPH; July 12, 2016 Contra Costa County Board of Supervisors 1132 C-3 863\100\1885558.4  Install sandbags or other erosion control measure to prevent silt runoff to public roadways; and  Suspend excavation and grading activity whenever the wind is too high that it results in visible dust plumes despite control efforts. AQ3. The project developer shall ensure that emissions from construction equipment exhaust, and from workers commuting to the site, are reduced from implementation of the following measures:  Store construction tools on-site in secure facilities to encouraging commuting by transit;  Use alternative fueled construction equipment to the fullest extent possible;  Minimize idling time (e.g. 5-minute maximum);  Maintain properly tuned equipment according to equipment manufacturer’s guidelines; and  Limit hours of operation of heavy duty equipment to the hours of 7:00 AM and 7:00 PM Monday through Friday, and between 8:00 AM and 5:00 PM on Saturday, as specified in the Walnut Creek Municipal Code Section 4-6.203. BR1. Prior to issuance of a tree removal permit, submit a qualified Arborist’s report in compliance with Walnut Creek’s Tree Preservation Ordinance to the City Arborist. CR1. If during project construction activities previously unidentified archeological resources are discovered, all project activities in the immediate vicinity of the discovery would be halted and the procedures of 36 CFR Part 800.13(b) and (c) would be followed. [Paragraph I.A. Inadvertent Archeological Resource Discovery] CR2. Upon discovery of Native American human remains and associated or unassociated funerary objects, the City of Walnut Creek shall treat them in accordance with provisions of California Public Resources Code Section 5097.94, 5097.98, and 5097.99 and the California Health and Safety Code Section 7050.5 or as provided in federal implementing regulations found in 36 CFR 800.13(b)(2). [Paragraph I.B. Treatment of Native American human remains and cultural properties] CR3. For any archaeological resources discovered during the excavation and construction phase, all project activities in the immediate vicinity of the discovery would halt. Procedures of 36 CFR Part 800.13(b) and (c); PRC Sections 5097.94, 5097.98 and 5097.99; and the California Health and Safety Code Section 7050.5 would be followed, including calling an archaeologist or paleontologist to evaluate the materials. CR4. If paleontological resources were found during site excavation and construction, work would be halted until a paleontologist could evaluate the nature and significance of the resources. If significant resources were confirmed, the OHP and the California Department of State Parks would be contacted for further guidance on documentation and preservation. Protocol for the discovery of paleontological resources during construction would be the same as that for archaeological resources: project activities in the immediate vicinity of the discovery would halt, and procedures of 36 CFR Part 800.13(b) and (c); PRC Sections 5097.94, 5097.98 and 5097.99; and the California Health and Safety Code Section 7050.5 would be followed, including calling an archaeologist or paleontologist to evaluate the materials. G1. Prior to issuing a building permit a detailed geotechnical and soils report shall be prepared and submitted to the City of Walnut Creek’s Building Division for review and approval. N1. Follow all recommendations in the Environmental Noise Study performed for the project by Charles M. Salter and dated January 17, 2014 (see Appendix E), for sound-rated window specifications. Forced-air ventilation systems in all units are required. July 12, 2016 Contra Costa County Board of Supervisors 1133 C-4 863\100\1885558.4 NEPA Mitigation and Monitoring Plan – _Riviera Family Apartments – 1716-1738 Riviera___ All mitigations / conditions of approval must be included in project agreement and/or legal documents. Compliance with mitigations / conditions of approval must be documented prior to final payment of County funds Mitigation Measure(s) Source Method and date County staff informed Project Sponsor Included in County loan document and /or project agreement Verification of Mitigation Measure(s) Responsible for implementation Mitigation Timing Responsible for monitoring and reporting on implementation Monitoring and reporting frequency Verification of compliance Air Quality AQ1 AQ2 AQ3 Illingworth & Rodkin, Inc. 1738 Riviera Family Apartments Project, Air Quality Community Health Risk Assessment June 2014 City of Walnut Creek Approved Construction Plans Project Sponsor, architect, contractor Pre and post construction Architect and contractor Ongoing Letter from Architect Copy of final building permit Biological Resources BR1 BR2 City of Walnut Creek Environmental Assessment February 2014 Nesting Bird, Nesting Raptor, & Roosting Bat Survey Plan November 2014 City of Walnut Creek Approved Construction Plans Project Sponsor, architect, contractor Pre and post construction Architect and contractor Ongoing Letter from Architect Copy of final building permit Cultural Resources CR1 CR2 CR3 AEM Consulting Historic & Cultural Resources Evaluation March 2014 City of Walnut Creek Approved Construction Plans Project Sponsor, architect, contractor Pre and post construction Architect and contractor Ongoing – during construction Letter from AEM Consulting Letter from Vicki R. July 12, 2016 Contra Costa County Board of Supervisors 1134 C-5 863\100\1885558.4 CR4 Vicki R. Beard, M.A. Architectural Survey March 2014 Tom Origer & Associates Archival Search March 2014 Beard Letter from Tom Origer & Associates Geology G1 Furgo West, Inc. Geotechnical Study Update December 2005 City of Walnut Creek Approved Construction Plans Project Sponsor, architect, contractor Pre and post construction Project sponsor, architect and contractor Once – after construction has been completed. Copy of Final approved Building Permit Letter from architect Noise N1 Charles M. Salter Associates Inc. Environmental Noise Study January 2014 City of Walnut Creek Approved Construction Plans Project Sponsor, architect, contractor Pre and post construction Project sponsor, architect and contractor Once – after construction has been completed. Copy of Final approved Building Permit Letter from architect Storm Water SW1 Toxic and Hazardous Materials HZ1 AQ1. The project shall include the following measures to minimize long-term toxic air contaminant (TAC) exposure for new residences: a. Ensure that no residential units would have a full year of occupancy prior to January 1, 2017. July 12, 2016 Contra Costa County Board of Supervisors 1135 C-6 863\100\1885558.4 b. Design the site to limit exposure from sources of TAC and fine particulate matter (PM2.5) emissions. The site layout shall locate operable windows and air intakes as far as possible from I-680 traffic lanes. Any modifications to the site design shall incorporate buffers between residences and the freeway. c. Install air filtration at roof top level for residential units that have predicted cancer risks in excess of 10 in one million or PM2.5 concentrations above 0.3 micrograms per cubic meter (μg/m3). Air filtration devices shall be rated MERV13 or higher. To ensure adequate healt h protection to sensitive receptors, a ventilation system shall meet the following minimal design standards (Department of Public Health, City and County of San Francisco, 2008): i. A MERV13 or higher rating; ii. At least one air exchange(s) per hour of fresh outside filtered air; iii. At least four air exchange(s) per hour recirculation; and iv. At least 0.25 air exchanges(s) per hour in unfiltered infiltration. Alternately, at the approval of the City, equivalent control technology may be used if it is shown by a qualified air quality consultant or heating, ventilation, and air conditioning (HVAC) engineer that it would reduce risk below significance thresholds. d. As part of implementing this measure, an ongoing maintenance plan for the building’s HVAC air filtration system shall be required. Recognizing that emissions form air pollution sources are decreasing, the maintenance period shall last as long as significant excess cancer risk or annual PM2.5 exposures are predicted. Subsequent studies could be conducted by an air quality expert approved by the City of Walnut Creek to identify the ongoing need for the filtered ventilation systems as future information becomes available. e. Ensure that the lease agreement and other property documents (1) require cleaning, maintenance, and monitoring of the affected units for air flow leaks; (2) include assurance that new owners and tenants are provided information on the ventilation system; and (3) include provisions that fees associated with owning or leasing a unit(s) in the building include funds for cleaning, maintenance, monitoring, and replacements of the filters, as needed. f. Require that prior to building occupancy, an authorized air pollutant consultant or HVAC engineer verify the installation of all necessary measures to reduce toxic air contaminant (TAC) exposure. g. A properly installed and operated ventilation system with MERV13 air filters may reduce PM2.5 concentrations from DPM mobile and stationary sources by approximately 60 percent indoors when compared to outdoors. A ventilation system with MERV16 filters could achieve reductions of 85 percent. The air intake for these units should be located as far away as possible from I-680. The overall effectiveness calculations take into consideration time spent outside and the outdoor exposure of each affected unit. The U.S. EPA reports that people, on average, spend 90 percent of their time indoors. The overall effectiveness calculation should take into effect time spent outdoors. h. The type of MERV-rated filtration required to be installed as part of the ventilation system in the residential building shall be as follows: i. A minimum of MERV13 or equivalent shall be installed unless the increased cancer risk can be demonstrated to be less than 10 in one million. ii. MERV16 filtration or equivalent shall be utilized for areas where the increased cancer risk is greater than 23.0 in one million as shown in Figures 2 and 3 of the attached Health Risk Assessment prepared by Illingworth & Rodkin, Inc., dated May 27, 2014 (see Appendix D) for unmitigated cancer risks. i. PM2.5 concentrations at all sensitive receptor locations across the site would also be reduced with a ventilation system that uses a MERV13 filter or greater. Maximum annual PM2.5 concentrations shown in Figures 4 and 5 of the report could be mitigated using ventilation systems with MERV13 filters. AQ2. Consistent with BAAQMD’s preferred approach, the project developer shall ensure that the following measures are included in construction contracts and specifications to control fugitive dust emissions:  Water all active construction areas at least twice daily and more often during windy periods; active areas adjacent to existing land uses shall be kept damp at all times, or shall be treated with non-toxic stabilizers or dust palliatives;  Cover all trucks hauling soil, sand, and other loose materials or require all trucks to maintain at least 2 feet of freeboard;  Pave, apply water 3 times daily, or apply (non-toxic) soil stabilizers on all unpaved access roads, parking areas and staging areas at construction sites; July 12, 2016 Contra Costa County Board of Supervisors 1136 C-7 863\100\1885558.4  Sweep daily (with water sweepers) all paved access road, parking areas and staging areas at construction sites; water sweepers shall vacuum up excess water to avoid runoff-related impacts to water quality;  Sweep streets daily (preferably with water sweepers) if visible soil material is carried onto adjacent public streets;  Hydroseed or apply non-toxic soil stabilizers to inactive construction areas;  Enclose, cover, water twice daily or apply non-toxic soil binders to exposed stockpiles (dirt, sand, etc.);  Limit traffic speeds on unpaved roads to 15 MPH;  Install sandbags or other erosion control measure to prevent silt runoff to public roadways; and  Suspend excavation and grading activity whenever the wind is too high that it results in visible dust plumes despite control efforts. AQ3. The project developer shall ensure that emissions from construction equipment exhaust, and from workers commuting to the site, are reduced from implementation of the following measures:  Store construction tools on-site in secure facilities to encouraging commuting by transit;  Use alternative fueled construction equipment to the fullest extent possible;  Minimize idling time (e.g. 5-minute maximum);  Maintain properly tuned equipment according to equipment manufacturer’s guidelines; and  Limit hours of operation of heavy duty equipment to the hours of 7:00 AM and 7:00 PM Monday through Friday, and between 8:00 AM and 5:00 PM on Saturday, as specified in the Walnut Creek Municipal Code Section 4-6.203. BR1. Adequate measures should be taken to avoid any inadvertent taking of raptor nests and other nesting birds protected under the Migratory Bird Treaty Act when in active use. These should be accomplished by taking the following steps: a. If vegetation removal and initial construction is proposed during the nesting season (March to August), a focused survey for nesting raptors and other migratory birds should be conducted by a qualified biologist within 14 days prior to the onset of vegetation removal or construction, in order to identify any active nests on the proposed project site and in the vicinity of proposed construction. b. If no active nests are identified during the construction survey period, or if development is initiated during the non-breeding season (September to February), vegetation removal and construction may proceed with no restrictions. c. If protected bird nests are found, an adequate setback should be established around the nest location and vegetation removal and construction activities restricted within this no-disturbance zone until the qualified biologist has confirmed that any young birds have fledged and are able to function outside the nest location. Required setback distances for the no-disturbance zone should be based on input received from the California Department of Department of Fish and Wildlife (CDFW), and may vary depending on species and sensitivity to disturbance. As necessary, the no-disturbance zone should be fenced with temporary orange construction fencing if construction is to be initiated on the remainder of the development site. d. A report of findings should be prepared by a qualified biologist and submitted to the City of Walnut Creek for review and approval prior to initiation of construction within the no-disturbance zone during the nesting season (March to August). The report should either confirm absence of any active nests or should confirm that any young are located within a designated no-disturbance zone and construction can proceed. BR2. Prior to the issuance of a tree removal permit, submit a qualified Arborists’ report in compliance with Walnut Creek’s Tree Preservation Ordinance to the City Arborist. CR1. If during project construction activities previously unidentified archeological resources are discovered, all project activities in the immediate vicinity of the discovery would be halted and the procedures of 36 CFR Part 800.13(b) and (c) would be followed. [Paragraph I.A. Inadvertent Archeological Resource Discovery] July 12, 2016 Contra Costa County Board of Supervisors 1137 C-8 863\100\1885558.4 CR2. Upon discovery of Native American human remains and associated or unassociated funerary objects, the City of Walnut Creek shall treat them in accordance with provisions of California Public Resources Code Section 5097.94, 5097.98, and 5097.99 and the California Health and Safety Code Section 7050.5 or as provided in federal implementing regulations found in 36 CFR 800.13(b)(2). [Paragraph I.B. Treatment of Native American human remains and cultural properties] CR3. For any archaeological resources discovered during the excavation and construction phase, all project activities in the immediate vicinity of the discovery would halt. Procedures of 36 CFR Part 800.13(b) and (c); PRC Sections 5097.94, 5097.98 and 5097.99; and the California Health and Safety Code Section 7050.5 would be followed, including calling an archaeologist or paleontologist to evaluate the materials. CR4. If paleontological resources were found during site excavation and construction, work would be halted until a paleontologist could evaluate the nature and significance of the resources. If significant resources were confirmed, the OHP and the California Department of State Parks would be contacted for further guidance on documentation and preservation. Protocol for the discovery of paleontological resources during construction would be the same as that for archaeological resources: project activities in the immediate vicinity of the discovery would halt, and procedures of 36 CFR Part 800.13(b) and (c); PRC Sections 5097.94, 5097.98 and 5097.99; and the California Health and Safety Code Section 7050.5 would be followed, including calling an archaeologist or paleontologist to evaluate the materials. G1. Follow all recommendations in the Geotechnical Investigation for Riviera Avenue Residential Building performed for the project by AMSO Consulting Engineers and dated May 30, 2014 (see Appendix F). N1. Follow all recommendations in the 1738 Riviera Family Apartments NEPA Noise Assessment performed for the project by Illingworth & Rodkin, Inc. and dated May 9, 2014 (see Appendix E), for sound-rated window specifications. Forced-air ventilation systems in all units are required. SW1. Submit a Stormwater Control Plan to the City of Walnut Creek per Municipal Code 9.16- 105 that meets C.3 requirements for development projects. Implement Best Management Practices (BMPs) and Low Impact Development (LID) measures to ensure post-development impacts to water quality are minimal. HZ1. Prior to the demolition of the existing structures on site, the amount and extent of any Asbestos-Containing Building Materials (ACBMs) and/or lead-based paint (LBP) should be ascertained and all hazardous materials found to be present should be properly handled, removed, recycled, and/or disposed of by properly certified contractors using approved methods in accordance with all applicable federal, state, and local regulations. July 12, 2016 Contra Costa County Board of Supervisors 1138 TABLE OF CONTENTS Page i 863\100\1885558.4 ARTICLE 1 DEFINITIONS AND EXHIBITS ............................................................................2 Section 1.1 Definitions................................................................................................... 2 Section 1.2 Exhibits ..................................................................................................... 12 ARTICLE 2 LOAN PROVISIONS ............................................................................................12 Section 2.1 Loan. ......................................................................................................... 12 Section 2.2 Interest....................................................................................................... 13 Section 2.3 Use of Loan Funds. ................................................................................... 13 Section 2.4 Security. .................................................................................................... 13 Section 2.5 Subordination. ........................................................................................... 13 Section 2.6 Conditions Precedent to Disbursement of Loan Funds for Construction. ............................................................................................. 14 Section 2.7 Conditions Precedent to Disbursement of Retention. ............................... 16 Section 2.8 Repayment Schedule. ................................................................................ 17 Section 2.9 Reports and Accounting of Residual Receipts.......................................... 19 Section 2.10 Non-Recourse. .......................................................................................... 19 Section 2.11 AHP Funds. ............................................................................................... 20 ARTICLE 3 CONSTRUCTION OF THE DEVELOPMENT ...................................................20 Section 3.1 Permits and Approvals. ............................................................................. 20 Section 3.2 Bid Package. ............................................................................................. 20 Section 3.3 Construction Contract. .............................................................................. 21 Section 3.4 Construction Bonds. .................................................................................. 21 Section 3.5 Commencement of Construction. ............................................................. 21 Section 3.6 Completion of Construction. ..................................................................... 22 Section 3.7 Changes; Construction Pursuant to Plans and Laws. ................................ 22 Section 3.8 Prevailing Wages. ..................................................................................... 23 Section 3.9 Accessibility. ............................................................................................. 24 Section 3.10 Equal Opportunity. .................................................................................... 25 Section 3.11 Minority and Women-Owned Contractors. .............................................. 25 Section 3.12 Progress Reports. ...................................................................................... 25 Section 3.13 Construction Responsibilities. .................................................................. 25 Section 3.14 Mechanics Liens, Stop Notices, and Notices of Completion.................... 26 Section 3.15 Inspections. ............................................................................................... 26 Section 3.16 Approved Development Budget; Revisions to Budget. ............................ 26 Section 3.17 Developer Fee. .......................................................................................... 26 Section 3.18 Partnership/Asset Fee................................................................................ 27 Section 3.19 NEPA Mitigation Requirements. .............................................................. 27 ARTICLE 4 LOAN REQUIREMENTS.....................................................................................27 Section 4.1 Match Requirement. .................................................................................. 27 Section 4.2 Reserve Accounts...................................................................................... 27 Section 4.3 Financial Accountings and Post-Completion Audits. ............................... 28 Section 4.4 Approval of Annual Operating Budget. .................................................... 28 Section 4.5 Information. .............................................................................................. 28 Section 4.6 County Audits. .......................................................................................... 28 July 12, 2016 Contra Costa County Board of Supervisors 1139 TABLE OF CONTENTS (continued) Page ii 863\100\1885558.4 Section 4.7 Hazardous Materials. ................................................................................ 29 Section 4.8 Maintenance; Damage and Destruction. ................................................... 31 Section 4.9 Fees and Taxes. ......................................................................................... 31 Section 4.10 Notice of Litigation. .................................................................................. 32 Section 4.11 Operation of Development as Affordable Housing. ................................. 32 Section 4.12 Nondiscrimination..................................................................................... 32 Section 4.13 Transfer. .................................................................................................... 33 Section 4.14 Insurance Requirements. ........................................................................... 34 Section 4.15 Covenants Regarding Approved Financing and Partnership Agreement. ................................................................................................ 35 ARTICLE 5 REPRESENTATIONS AND WARRANTIES OF BORROWER .......................37 Section 5.1 Representations and Warranties. ............................................................... 37 ARTICLE 6 DEFAULT AND REMEDIES ...............................................................................39 Section 6.1 Events of Default. ..................................................................................... 39 Section 6.2 Remedies. .................................................................................................. 40 Section 6.3 Right of Contest. ....................................................................................... 41 Section 6.4 Remedies Cumulative. .............................................................................. 41 Section 6.5 Notice and Cure Rights of Limited Partner. ............................................. 41 ARTICLE 7 GENERAL PROVISIONS ....................................................................................42 Section 7.1 Relationship of Parties. ............................................................................. 42 Section 7.2 No Claims. ................................................................................................ 42 Section 7.3 Amendments. ............................................................................................ 42 Section 7.4 Indemnification. ........................................................................................ 42 Section 7.5 Non-Liability of County Officials, Employees and Agents...................... 43 Section 7.6 No Third Party Beneficiaries. ................................................................... 43 Section 7.7 Discretion Retained By County. ............................................................... 43 Section 7.8 Conflict of Interest. ................................................................................... 43 Section 7.9 Notices, Demands and Communications. ................................................. 44 Section 7.10 Applicable Law. ........................................................................................ 44 Section 7.11 Parties Bound. ........................................................................................... 44 Section 7.12 Attorneys' Fees. ......................................................................................... 45 Section 7.13 Severability. .............................................................................................. 45 Section 7.14 Force Majeure. .......................................................................................... 45 Section 7.15 County Approval. ...................................................................................... 45 Section 7.16 Waivers. .................................................................................................... 45 Section 7.17 Title of Parts and Sections. ....................................................................... 45 Section 7.18 Entire Understanding of the Parties. ......................................................... 46 Section 7.19 Multiple Originals; Counterpart. ............................................................... 46 EXHIBIT A Legal Description of the Property EXHIBIT B Approved Development Budget EXHIBIT C NEPA Mitigation Requirements July 12, 2016 Contra Costa County Board of Supervisors 1140 863\100\1885558.4 HOPWA AND HOME LOAN AGREEMENT Between COUNTY OF CONTRA COSTA And RIVIERA FAMILY APARTMENTS, L.P. Riviera Apartments dated July 15, 2016 July 12, 2016 Contra Costa County Board of Supervisors 1141 863\100\1885968.3 1 PROMISSORY NOTE (HOME AND HOPWA Loan) $2,000,000 Martinez, California July 15, 2016 FOR VALUE RECEIVED, the undersigned Riviera Family Apartments, L.P., a California limited partnership ("Borrower") hereby promises to pay to the order of the County of Contra Costa, a political subdivision of the State of California ("Holder"), the principal amount of Two Million Dollars ($2,000,000) plus interest thereon pursuant to Section 2 below. All capitalized terms used but not defined in this Note have the meanings set forth in the Loan Agreement. 1. Borrower's Obligation. This Note evidences Borrower's obligation to repay Holder the principal amount of Two Million Dollars ($2,000,000) with interest for the funds loaned to Borrower by Holder to finance the construction of the Development pursuant to the HOME and HOPWA Loan Agreement between Borrower and Holder of even date herewith (the "Loan Agreement"). 2. Interest. (a) HOME Loan. Subject to the provisions of Subsection (c) below, the HOME Loan bears simple interest at a rate of three percent (3%) per annum from the date of disbursement until full repayment of the principal balance of the HOME Loan. (b) HOPWA Loan. Subject to the provisions of Subsection (c) below, no interest will accrue on the outstanding principal balance of the HOPWA Loan. (c) Default Interest. If an Event of Default occurs, interest will accrue on all amounts due under this Note at the Default Rate until such Event of Default is cured by Borrower or waived by Holder. 3. Term and Repayment Requirements. Principal and interest under this Note is due and payable as set forth in Section 2.8 of the Loan Agreement. The unpaid principal balance hereunder, together with accrued interest thereon, is due and payable no later than the date that is the fifty-fifth (55th) anniversary of the Completion Date; provided, however, if a record of the Completion Date cannot be located or established, the Loan is due and payable on the fifty- seventh (57th) anniversary of the date of this Note. 4. No Assumption. This Note is not assumable by the successors and assigns of Borrower without the prior written consent of Holder, except as provided in the Loan Agreement. 5. Security. This Note, with interest, is secured by the Deed of Trust. Upon execution, the Deed of Trust will be recorded in the official records of Contra Costa County, California. Upon recordation of the Deed of Trust, this Note will become nonrecourse to July 12, 2016 Contra Costa County Board of Supervisors 1142 863\100\1885968.3 2 Borrower, pursuant to and except as provided in Section 2.10 of the Loan Agreement which Section 2.10 is hereby incorporated into this Note. The terms of the Deed of Trust are hereby incorporated into this Note and made a part hereof. 6. Terms of Payment. (a) Borrower shall make all payments due under this Note in currency of the United States of America to Holder at Department of Conservation and Development, 30 Muir Road, Martinez, CA 94553, Attention: Affordable Housing Program Manager, or to such other place as Holder may from time to time designate. (b) All payments on this Note are without expense to Holder. Borrower shall pay all costs and expenses, including re-conveyance fees and reasonable attorney's fees of Holder, incurred in connection with the enforcement of this Note and the release of any security hereof. (c) Notwithstanding any other provision of this Note, or any instrument securing the obligations of Borrower under this Note, if, for any reason whatsoever, the payment of any sums by Borrower pursuant to the terms of this Note would result in the payment of interest that exceeds the amount that Holder may legally charge under the laws of the State of California, then the amount by which payments exceed the lawful interest rate will automatically be deducted from the principal balance owing on this Note, so that in no event is Borrower obligated under the terms of this Note to pay any interest that would exceed the lawful rate. (d) The obligations of Borrower under this Note are absolute and Borrower waives any and all rights to offset, deduct or withhold any payments or charges due under this Note for any reason whatsoever. 7. Event of Default; Acceleration. (a) Upon the occurrence of an Event of Default, the entire unpaid principal balance, together with all interest thereon, and together with all other sums then payable under this Note and the Deed of Trust will, at the option of Holder, become immediately due and payable without further demand. (b) Holder's failure to exercise the remedy set forth in Subsection 7(a) above or any other remedy provided by law upon the occurrence of an Event of Default does not constitute a waiver of the right to exercise any remedy at any subsequent time in respect to the same or any other Event of Default. The acceptance by Holder of any payment that is less than the total of all amounts due and payable at the time of such payment does not constitute a waiver of the right to exercise any of the foregoing remedies or options at that time or at any subsequent time, or nullify any prior exercise of any such remedy or option, without the express consent of Holder, except as and to the extent otherwise provided by law. 8. Waivers. (a) Borrower hereby waives diligence, presentment, protest and demand, and July 12, 2016 Contra Costa County Board of Supervisors 1143 863\100\1885968.3 3 notice of protest, notice of demand, notice of dishonor and notice of non-payment of this Note. Borrower expressly agrees that this Note or any payment hereunder may be extended from time to time, and that Holder may accept further security or release any security for this Note, all without in any way affecting the liability of Borrower. (b) Any extension of time for payment of this Note or any installment hereof made by agreement of Holder with any person now or hereafter liable for payment of this Note must not operate to release, discharge, modify, change or affect the original liability of Borrower under this Note, either in whole or in part. 9. Miscellaneous Provisions. (a) All notices to Holder or Borrower are to be given in the manner and at the addresses set forth in the Loan Agreement, or to such addresses as Holder and Borrower may therein designate. (b) Borrower promises to pay all costs and expenses, including reasonable attorney's fees, incurred by Holder in the enforcement of the provisions of this Note, regardless of whether suit is filed to seek enforcement. (c) This Note is governed by the laws of the State of California. (d) The times for the performance of any obligations hereunder are to be strictly construed, time being of the essence. (e) The Loan Documents, of which this Note is a part, contain the entire agreement between the parties as to the Loan. This Note may not be modified except upon the written consent of the parties. IN WITNESS WHEREOF, Borrower is executing this Promissory Note as of the day and year first above written. Riviera Family Apartments, L.P., a California limited partnership By: RCD GP LLC, a California limited liability company, its general partner By: Resources for Community Development, a California nonprofit public benefit corporation, its sole member/manager By:_______________________ Daniel Sawislak, Executive Director July 12, 2016 Contra Costa County Board of Supervisors 1144 863\100\1885969.2 1 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Contra Costa County Department of Conservation and Development 30 Muir Road Martinez, CA 94553 Attn: Affordable Housing Program Manager No fee for recording pursuant to Government Code Section 27383 DEED OF TRUST WITH ASSIGNMENT OF RENTS, SECURITY AGREEMENT, AND FIXTURE FILING (Riviera Apartments) THIS DEED OF TRUST WITH ASSIGNMENT OF RENTS, SECURITY AGREEMENT, AND FIXTURE FILING ("Deed of Trust") is made as of July 15, 2016, by and among Riviera Family Apartments, L.P., a California limited partnership ("Trustor"), North American Title Company, a California corporation ("Trustee"), and the County of Contra Costa, a political subdivision of the State of California ("Beneficiary"). FOR GOOD AND VALUABLE CONSIDERATION, including the indebtedness herein recited and the trust herein created, the receipt of which is hereby acknowledged, Trustor hereby irrevocably grants, transfers, conveys and assigns to Trustee, IN TRUST, WITH POWER OF SALE, for the benefit and security of Beneficiary, under and subject to the terms and conditions hereinafter set forth, Trustor's fee interest in the property located in the County of Contra Costa, State of California, that is described in the attached Exhibit A, incorporated herein by this reference (the "Property"). TOGETHER WITH all interest, estates or other claims, both in law and in equity which Trustor now has or may hereafter acquire in the Property and the rents; TOGETHER WITH all easements, rights-of-way and rights used in connection therewith or as a means of access thereto, including (without limiting the generality of the foregoing) all tenements, hereditaments and appurtenances thereof and thereto; TOGETHER WITH any and all buildings and improvements of every kind and description now or hereafter erected thereon, and all property of Trustor now or hereafter affixed to or placed upon the Property; TOGETHER WITH all building materials and equipment now or hereafter delivered to said property and intended to be installed therein; TOGETHER WITH all right, title and interest of Trustor, now owned or hereafter acquired, in and to any land lying within the right-of-way of any street, open or proposed, July 12, 2016 Contra Costa County Board of Supervisors 1145 863\100\1885969.2 2 adjoining the Property, and any and all sidewalks, alleys and strips and areas of land adjacent to or used in connection with the Property; TOGETHER WITH all estate, interest, right, title, other claim or demand, of every nature, in and to such property, including the Property, both in law and in equity, including, but not limited to, all deposits made with or other security given by Trustor to utility companies, the proceeds from any or all of such property, including the Property, claims or demands with respect to the proceeds of insurance in effect with respect thereto, which Trustor now has or may hereafter acquire, any and all awards made for the taking by eminent domain or by any proceeding or purchase in lieu thereof of the whole or any part of such property, including without limitation, any awards resulting from a change of grade of streets and awards for severance damages to the extent Beneficiary has an interest in such awards for taking as provided in Paragraph 4.1 herein; TOGETHER WITH all of Trustor's interest in all articles of personal property or fixtures now or hereafter attached to or used in and about the building or buildings now erected or hereafter to be erected on the Property which are necessary to the complete and comfortable use and occupancy of such building or buildings for the purposes for which they were or are to be erected, including all other goods and chattels and personal property as are ever used or furnished in operating a building, or the activities conducted therein, similar to the one herein described and referred to, and all renewals or replacements thereof or articles in substitution therefor, whether or not the same are, or will be, attached to said building or buildings in any manner; and TOGETHER WITH all of Trustor's interest in all building materials, fixtures, equipment, work in process and other personal property to be incorporated into the Property; all goods, materials, supplies, fixtures, equipment, machinery, furniture and furnishings, signs and other personal property now or hereafter appropriated for use on the Property, whether stored on the Property or elsewhere, and used or to be used in connection with the Property; all rents, issues and profits, and all inventory, accounts, accounts receivable, contract rights, general intangibles, chattel paper, instruments, documents, notes drafts, letters of credit, insurance policies, insurance and condemnation awards and proceeds, trade names, trademarks and service marks arising from or related to the Property and any business conducted thereon by Trustor; all replacements, additions, accessions and proceeds; and all books, records and files relating to any of the foregoing. All of the foregoing, together with the Property, is herein referred to as the "Security." To have and to hold the Security together with acquittances to the Trustee, its successors and assigns forever. FOR THE PURPOSE OF SECURING THE FOLLOWING OBLIGATIONS (together, the "Secured Obligations"): A. Payment to Beneficiary of all sums at any time owing under or in connection with (i) the Note (defined in Section 1.6 below) until paid in full or cancelled, and (ii) any other amounts owing under the Loan Documents (defined in Section 1.5 below). Principal and other payments are due and payable as provided in the Note or other Loan Documents, as applicable. July 12, 2016 Contra Costa County Board of Supervisors 1146 863\100\1885969.2 3 The Note and all its terms are incorporated herein by reference, and this conveyance secures any and all extensions thereof, however evidenced; B. Payment of any sums advanced by Beneficiary to protect the Security pursuant to the terms and provisions of this Deed of Trust following a breach of Trustor's obligation to advance said sums and the expiration of any applicable cure period, with interest thereon as provided herein; C. Performance of every obligation, covenant or agreement of Trustor contained herein and in the Loan Documents; and D. All modifications, extensions and renewals of any of the Secured Obligations (including without limitation, (i) modifications, extensions or renewals at a different rate of interest, or (ii) deferrals or accelerations of the required principal payment dates or interest payment dates or both, in whole or in part), however evidenced, whether or not any such modification, extension or renewal is evidenced by a new or additional promissory note or notes. AND TO PROTECT THE SECURITY OF THIS DEED OF TRUST, TRUSTOR COVENANTS AND AGREES: ARTICLE 1 DEFINITIONS In addition to the terms defined elsewhere in this Deed of Trust, the following terms have the following meanings in this Deed of Trust: Section 1.1 The term "Default Rate" means the lesser of the maximum rate permitted by law and ten percent (10%) per annum. Section 1.2 The term "Intercreditor Agreement" means that certain Intercreditor Agreement of even date herewith, among Trustor, Beneficiary, and the City of Walnut Creek. Section 1.3 The term "Loan" means the loan made by Beneficiary to Trustor in the amount of Two Million Dollars ($2,000,000). Section 1.4 The term "Loan Agreement" means that certain HOME and HOPWA Loan Agreement between Trustor and Beneficiary, of even date herewith, as such may be amended from time to time, providing for the Beneficiary to loan to Trustor Two Million Dollars ($2,000,000). Section 1.5 The term "Loan Documents" means this Deed of Trust, the Note, the Loan Agreement, the Intercreditor Agreement, and the Regulatory Agreement, and any other agreements, debt, loan or security instruments between Trustor and Beneficiary relating to the Loan. Section 1.6 The term "Note" means the promissory note in the principal amount of Two Million Dollars ($2,000,000) of even date herewith, executed by Trustor in favor of July 12, 2016 Contra Costa County Board of Supervisors 1147 863\100\1885969.2 4 Beneficiary, as it may be amended or restated, the payment of which is secured by this Deed of Trust. The terms and provisions of the Note are incorporated herein by reference. Section 1.7 The term "Principal" means the amounts required to be paid under the Note. Section 1.8 The term "Regulatory Agreement" means collectively, the County Regulatory Agreement and Declaration of Restrictive Covenants, and HOME/ HOPWA Regulatory Agreement and Declaration of Restrictive Covenants, both of even date herewith by and between Beneficiary and Trustor. ARTICLE 2 MAINTENANCE AND MODIFICATION OF THE PROPERTY AND SECURITY Section 2.1 Maintenance and Modification of the Property by Trustor. The Trustor agrees that at all times prior to full payment and performance of the Secured Obligations, the Trustor will, at the Trustor's own expense, maintain, preserve and keep the Security or cause the Security to be maintained and preserved in good condition. The Trustor will from time to time make or cause to be made all repairs, replacements and renewals deemed proper and necessary by it. The Beneficiary has no responsibility in any of these matters or for the making of improvements or additions to the Security. Trustor agrees to pay fully and discharge (or cause to be paid fully and discharged) all claims for labor done and for material and services furnished in connection with the Security, diligently to file or procure the filing of a valid notice of cessation upon the event of a cessation of labor on the work or construction on the Security for a continuous period of thirty (30) days or more, and to take all other reasonable steps to forestall the assertion of claims of lien against the Security or any part thereof. Trustor irrevocably appoints, designates and authorizes Beneficiary as its agent (said agency being coupled with an interest) with the authority, but without any obligation, to file for record any notices of completion or cessation of labor or any other notice that Beneficiary deems necessary or desirable to protect its interest in and to the Security or the Loan Documents; provided, however, that Beneficiary exercises its rights as agent of Trustor only in the event that Trustor fails to take, or fails to diligently continue to take, those actions as hereinbefore provided. Upon demand by Beneficiary, Trustor shall make or cause to be made such demands or claims as Beneficiary specifies upon laborers, materialmen, subcontractors or other persons who have furnished or claim to have furnished labor, services or materials in connection with the Security. Nothing herein contained requires Trustor to pay any claims for labor, materials or services which Trustor in good faith disputes and is diligently contesting provided that Trustor shall, within thirty (30) days after the filing of any claim of lien, record in the Office of the Recorder of Contra Costa County, a surety bond in an amount 1 and 1/2 times the amount of such claim item to protect against a claim of lien. July 12, 2016 Contra Costa County Board of Supervisors 1148 863\100\1885969.2 5 Section 2.2 Granting of Easements. Trustor may not grant easements, licenses, rights-of-way or other rights or privileges in the nature of easements with respect to any property or rights included in the Security except those required or desirable for installation and maintenance of public utilities including, without limitation, water, gas, electricity, sewer, telephone and telegraph, or those required by law, and as approved, in writing, by Beneficiary. Section 2.3 Assignment of Rents. As part of the consideration for the indebtedness evidenced by the Note, Trustor hereby absolutely and unconditionally assigns and transfers to Beneficiary all the rents and revenues of the Property including those now due, past due, or to become due by virtue of any lease or other agreement for the occupancy or use of all or any part of the Property, regardless of to whom the rents and revenues of the Property are payable, subject to the rights of senior lenders that are approved by the Beneficiary pursuant to the Loan Agreement. Trustor hereby authorizes Beneficiary or Beneficiary's agents to collect the aforesaid rents and revenues and hereby directs each tenant of the Property to pay such rents to Beneficiary or Beneficiary's agents; provided, however, that prior to written notice given by Beneficiary to Trustor of the breach by Trustor of any covenant or agreement of Trustor in the Loan Documents, Trustor shall collect and receive all rents and revenues of the Property as trustee for the benefit of Beneficiary and Trustor to apply the rents and revenues so collected to the Secured Obligations with the balance, so long as no such breach has occurred and is continuing, to the account of Trustor, it being intended by Trustor and Beneficiary that this assignment of rents constitutes an absolute assignment and not an assignment for additional security only. Upon delivery of written notice by Beneficiary to Trustor of the breach by Trustor of any covenant or agreement of Trustor in the Loan Documents, and without the necessity of Beneficiary entering upon and taking and maintaining full control of the Property in person, by agent or by a court-appointed receiver, Beneficiary shall immediately be entitled to possession of all rents and revenues of the Property as specified in this Section 2.3 as the same becomes due and payable, including but not limited to, rents then due and unpaid, and all such rents will immediately upon delivery of such notice be held by Trustor as trustee for the benefit of Beneficiary only; provided, however, that the written notice by Beneficiary to Trustor of the breach by Trustor contains a statement that Beneficiary exercises its rights to such rents. Trustor agrees that commencing upon delivery of such written notice of Trustor's breach by Beneficiary to Trustor, each tenant of the Property shall make such rents payable to and pay such rents to Beneficiary or Beneficiary's agents on Beneficiary's written demand to each tenant therefor, delivered to each tenant personally, by mail or by delivering such demand to each rental unit, without any liability on the part of said tenant to inquire further as to the existence of a default by Trustor. Trustor hereby covenants that Trustor has not executed any prior assignment of said rents, other than as security to senior lenders, that Trustor has not performed, and will not perform, any acts or has not executed and will not execute, any instrument which would prevent Beneficiary from exercising its rights under this Section 2.3, and that at the time of execution of this Deed of Trust, there has been no anticipation or prepayment of any of the rents of the Property for more than two (2) months prior to the due dates of such rents. Trustor covenants that Trustor will not hereafter collect or accept payment of any rents of the Property more than July 12, 2016 Contra Costa County Board of Supervisors 1149 863\100\1885969.2 6 two (2) months prior to the due dates of such rents. Trustor further covenants that, so long as the Secured Obligations are outstanding, Trustor will execute and deliver to Beneficiary such further assignments of rents and revenues of the Property as Beneficiary may from time to time request. Upon Trustor's breach of any covenant or agreement of Trustor in the Loan Documents, Beneficiary may in person, by agent or by a court-appointed receiver, regardless of the adequacy of Beneficiary's security, enter upon and take and maintain full control of the Property in order to perform all acts necessary and appropriate for the operation and maintenance thereof including, but not limited to, the execution, cancellation or modification of leases, the collection of all rents and revenues of the Property, the making of repairs to the Property and the execution or termination of contracts providing for the management or maintenance of the Property, all on such terms as are deemed best to protect the security of this Deed of Trust. In the event Beneficiary elects to seek the appointment of a receiver for the Property upon Trustor's breach of any covenant or agreement of Trustor in this Deed of Trust, Trustor hereby expressly consents to the appointment of such receiver. Beneficiary or the receiver will be entitled to receive a reasonable fee for so managing the Property. All rents and revenues collected subsequent to delivery of written notice by Beneficiary to Trustor of the breach by Trustor of any covenant or agreement of Trustor in the Loan Documents are to be applied first to the costs, if any, of taking control of and managing the Property and collecting the rents, including, but not limited to, attorney's fees, receiver's fees, premiums on receiver's bonds, costs of repairs to the Property, premiums on insurance policies, taxes, assessments and other charges on the Property, and the costs of discharging any obligation or liability of Trustor as lessor or landlord of the Property and then to the sums secured by this deed of Trust. Beneficiary or the receiver is to have access to the books and records used in the operation and maintenance of the Property and will be liable to account only for those rents actually received. Beneficiary is not liable to Trustor, anyone claiming under or through Trustor or anyone having an interest in the Property by reason of anything done or left undone by Beneficiary under this Section 2.3. If the rents of the Property are not sufficient to meet the costs, if any, of taking control of and managing the Property and collecting the rents, any funds expended by Beneficiary for such purposes will become part of the Secured Obligations pursuant to Section 3.3 hereof. Unless Beneficiary and Trustor agree in writing to other terms of payment, such amounts are payable by Trustor to Beneficiary upon notice from Beneficiary to Trustor requesting payment thereof and will bear interest from the date of disbursement at the rate stated in Section 3.3. If the Beneficiary or the receiver enters upon and takes and maintains control of the Property, neither that act nor any application of rents as provided herein will cure or waive any default under this Deed of Trust or invalidate any other right or remedy available to Beneficiary under applicable law or under this Deed of Trust. This assignment of rents of the Property will terminate at such time as this Deed of Trust ceases to secure the Secured Obligations. July 12, 2016 Contra Costa County Board of Supervisors 1150 863\100\1885969.2 7 ARTICLE 3 TAXES AND INSURANCE; ADVANCES Section 3.1 Taxes, Other Governmental Charges and Utility Charges. Trustor shall pay, or cause to be paid, prior to the date of delinquency, all taxes, assessments, charges and levies imposed by any public authority or utility company that are or may become a lien affecting the Security or any part thereof; provided, however, that Trustor is not required to pay and discharge any such tax, assessment, charge or levy so long as (a) the legality thereof is promptly and actively contested in good faith and by appropriate proceedings, and (b) Trustor maintains reserves adequate to pay any liabilities contested pursuant to this Section 3.1. With respect to taxes, special assessments or other similar governmental charges, Trustor shall pay such amount in full prior to the attachment of any lien therefor on any part of the Security; provided, however, if such taxes, assessments or charges can be paid in installments, Trustor may pay in such installments. Except as provided in clause (b) of the first sentence of this paragraph, the provisions of this Section 3.1 may not be construed to require that Trustor maintain a reserve account, escrow account, impound account or other similar account for the payment of future taxes, assessments, charges and levies. In the event that Trustor fails to pay any of the items required by this Section to be paid by Trustor, Beneficiary may (but is under no obligation to) pay the same, after the Beneficiary has notified the Trustor of such failure to pay and the Trustor fails to fully pay such items within seven (7) business days after receipt of such notice. Any amount so advanced therefor by Beneficiary, together with interest thereon from the date of such advance at the maximum rate permitted by law, will become part of the Secured Obligations secured hereby, and Trustor agrees to pay all such amounts. Section 3.2 Provisions Respecting Insurance. Trustor agrees to provide insurance conforming in all respects to that required under the Loan Documents during the course of construction and following completion, and at all times until all amounts secured by this Deed of Trust have been paid, all Secured Obligations secured hereunder have been fulfilled, and this Deed of Trust has been reconveyed. All such insurance policies and coverages are to be maintained at Trustor's sole cost and expense. Certificates of insurance for all of the above insurance policies, showing the same to be in full force and effect, are to be delivered to the Beneficiary upon demand therefor at any time prior to Trustor's satisfaction of the Secured Obligations. Section 3.3 Advances. In the event the Trustor fails to maintain the full insurance coverage required by this Deed of Trust or fails to keep the Security in accordance with the Loan Documents, the Beneficiary, after at least seven (7) days prior notice to Trustor, may (but is under no obligation to) (i) take out the required policies of insurance and pay the premiums on the same, and (ii) make any repairs or replacements that are necessary and provide for payment thereof. All July 12, 2016 Contra Costa County Board of Supervisors 1151 863\100\1885969.2 8 amounts so advanced by the Beneficiary will become part of the Secured Obligations (together with interest as set forth below) and will be secured hereby, which amounts the Trustor agrees to pay on the demand of the Beneficiary, and if not so paid, will bear interest from the date of the advance at the Default Rate. ARTICLE 4 DAMAGE, DESTRUCTION OR CONDEMNATION Section 4.1 Awards and Damages. Subject to the rights of senior lenders, all judgments, awards of damages, settlements and compensation made in connection with or in lieu of (1) the taking of all or any part of or any interest in the Property by or under assertion of the power of eminent domain, (2) any damage to or destruction of the Property or any part thereof by insured casualty, and (3) any other injury or damage to all or any part of the Property (collectively, the "Funds") are hereby assigned to and are to be paid to the Beneficiary by a check made payable to the Beneficiary. The Beneficiary is authorized and empowered (but not required) to collect and receive any Funds and is authorized to apply them in whole or in part to any indebtedness or obligation secured hereby, in such order and manner as the Beneficiary determines at its sole option, subject to the provisions of Section 4.8 of the Loan Agreement regarding restoration of improvements following damage or destruction. The Beneficiary is entitled to settle and adjust all claims under insurance policies provided under this Deed of Trust and may deduct and retain from the proceeds of such insurance the amount of all expenses incurred by it in connection with any such settlement or adjustment. Application of all or any part of the Funds collected and received by the Beneficiary or the release thereof will not cure or waive any default under this Deed of Trust. ARTICLE 5 AGREEMENTS AFFECTING THE PROPERTY; FURTHER ASSURANCES; PAYMENT OF PRINCIPAL AND INTEREST Section 5.1 Other Agreements Affecting Property. Trustor shall duly and punctually perform all terms, covenants, conditions and agreements binding upon it under the Loan Documents and any other agreement of any nature whatsoever now or hereafter involving or affecting the Security or any part thereof. Section 5.2 Agreement to Pay Attorneys' Fees and Expenses. In the event of any Event of Default (as defined in Section 7.1) hereunder, and if the Beneficiary employs attorneys or incurs other expenses for the collection of amounts due hereunder or the enforcement of performance or observance of an obligation or agreement on the part of the Trustor in this Deed of Trust, the Trustor agrees that it will, on demand therefor, pay to the Beneficiary the reasonable fees of such attorneys and such other reasonable expenses so incurred by the Beneficiary. Any such amounts paid by the Beneficiary will be added to the Secured Obligations, and will bear interest from the date such expenses are incurred at the Default Rate. July 12, 2016 Contra Costa County Board of Supervisors 1152 863\100\1885969.2 9 Section 5.3 Payment of the Principal. The Trustor shall pay to the Beneficiary the Principal and any other payments as set forth in the Note in the amounts and by the times set out therein. Section 5.4 Personal Property. To the maximum extent permitted by law, the personal property subject to this Deed of Trust is deemed to be fixtures and part of the real property and this Deed of Trust constitutes a fixtures filing under the California Commercial Code. As to any personal property not deemed or permitted to be fixtures, this Deed of Trust constitutes a security agreement under the California Commercial Code. Section 5.5 Financing Statement. The Trustor shall execute and deliver to the Beneficiary such financing statements pursuant to the appropriate statutes, and any other documents or instruments as are required to convey to the Beneficiary a valid perfected security interest in the Security. The Trustor shall perform all acts that the Beneficiary reasonably requests so as to enable the Beneficiary to maintain a valid perfected security interest in the Security in order to secure the payment of the Note in accordance with its terms. The Beneficiary is authorized to file a copy of any such financing statement in any jurisdiction(s) as it deems appropriate from time to time in order to protect the security interest established pursuant to this instrument. Section 5.6 Operation of the Security. The Trustor shall operate the Security (and, in case of a transfer of a portion of the Security subject to this Deed of Trust, the transferee shall operate such portion of the Security) in full compliance with the Loan Documents. Section 5.7 Inspection of the Security. At any and all reasonable times upon seventy-two (72) hours' notice, the Beneficiary and its duly authorized agents, attorneys, experts, engineers, accountants and representatives, may inspect the Security, without payment of charges or fees. Section 5.8 Nondiscrimination. The Trustor herein covenants by and for itself, its heirs, executors, administrators, and assigns, and all persons claiming under or through them, that there will be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, age, sex, sexual orientation, marital status, national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Security, nor will the Trustor itself or any person claiming under or through it establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees in the Security. The foregoing covenants run with the land. July 12, 2016 Contra Costa County Board of Supervisors 1153 863\100\1885969.2 10 ARTICLE 6 HAZARDOUS WASTE Trustor shall keep and maintain the Property (including, but not limited to, soil and ground water conditions) in compliance with all Hazardous Materials Laws and shall not cause or permit the Property to be in violation of any Hazardous Materials Law (defined below). Trustor may not cause or permit the use, generation, manufacture, storage or disposal of on, under, or about the Property or transportation to or from the Property of (i) any substance, material, or waste that is petroleum, petroleum-related, or a petroleum by-product, asbestos or asbestos-containing material, polychlorinated biphenyls, flammable, explosive, radioactive, freon gas, radon, or a pesticide, herbicide, or any other agricultural chemical, and (ii) any waste, substance or material defined as or included in the definition of "hazardous substances," "hazardous wastes," "hazardous materials," "toxic materials", "toxic waste", "toxic substances," or words of similar import under any Hazardous Materials Law (collectively referred to hereinafter as "Hazardous Materials"), except such of the foregoing as may be customarily used in construction or operation of a multi-family residential development. Trustor shall immediately advise Beneficiary in writing if at any time it receives written notice of: (i) any and all enforcement, cleanup, removal or other governmental or regulatory actions instituted, completed or threatened against Trustor or the Property pursuant to any applicable federal, state or local laws, ordinances, or regulations relating to any Hazardous Materials, health, industrial hygiene, environmental conditions, or the regulation or protection of the environment, and all amendments thereto as of this date and to be added in the future and any successor statute or rule or regulation promulgated thereto ("Hazardous Materials Law"); (ii) all claims made or threatened by any third party against Trustor or the Property relating to damage, contribution, cost recovery compensation, loss or injury resulting from any Hazardous Materials (the matters set forth in clauses (i) and (ii) above are hereinafter referred to as "Hazardous Materials Claims"); and (iii) Trustor's discovery of any occurrence or condition on any real property adjoining or in the vicinity of the Property that could cause the Property or any part thereof to be classified as "border-zone property" (as defined in California Health and Safety Code Section 25117.4) under the provision of California Health and Safety Code Section 25220 et seq., or any regulation adopted in accordance therewith, or to be otherwise subject to any restrictions on the ownership, occupancy, transferability or use of the Property under any Hazardous Materials Law. Beneficiary has the right to join and participate in, as a party if it so elects, and be represented by counsel acceptable to Beneficiary (or counsel of its own choice if a conflict exists with Trustor) in, any legal proceedings or actions initiated in connection with any Hazardous Materials Claims, and to have its reasonable attorneys' fees in connection therewith paid by Trustor. Trustor shall indemnify and hold harmless Beneficiary and its boardmembers, directors, officers, employees, agents, successors and assigns from and against any loss, damage, cost, fine, penalty, judgment, award, settlement, expense or liability, directly or indirectly arising out of or attributable to: (i) any actual or alleged past or present violation of any Hazardous Materials Law; (ii) any Hazardous Materials Claim; (iii) any actual or alleged past or present use, July 12, 2016 Contra Costa County Board of Supervisors 1154 863\100\1885969.2 11 generation, manufacture, storage, release, threatened release, discharge, disposal, transportation, or presence of Hazardous Materials on, under, or about the Property; (iv) any investigation, cleanup, remediation, removal, or restoration work of site conditions of the Property relating to Hazardous Materials (whether on the Property or any other property); and (v) the breach of any representation of warranty by or covenant of Trustor in this Article, and Section 5.1(l) of the Loan Agreement. Such indemnity must include, without limitation: (x) all consequential damages; (y) the costs of any required or necessary investigation, repair, cleanup or detoxification of the Property and the preparation and implementation of any closure, remedial or other required plans; and (z) all reasonable costs and expenses incurred by Beneficiary in connection with clauses (x) and (y), including but not limited to reasonable attorneys' fees and consultant fees. This indemnification applies whether or not any government agency has issued a cleanup order. Losses, claims, costs, suits, liability, and expenses covered by this indemnification provision include, but are not limited to: (1) losses attributable to diminution in the value of the Property; (2) loss or restriction of use of rentable space on the Property; (3) adverse effect on the marketing of any rental space on the Property; and (4) penalties and fines levied by, and remedial or enforcement actions of any kind issued by any regulatory agency (including but not limited to the costs of any required testing, remediation, repair, removal, cleanup or detoxification of the Property and surrounding properties). This obligation to indemnify will survive reconveyance of this Deed of Trust and will not be diminished or affected in any respect as a result of any notice, disclosure, knowledge, if any, to or by Beneficiary of Hazardous Materials. Without Beneficiary's prior written consent, which may not be unreasonably withheld, Trustor may not take any remedial action in response to the presence of any Hazardous Materials on, under or about the Property, nor enter into any settlement agreement, consent decree, or other compromise in respect to any Hazardous Material Claims, which remedial action, settlement, consent decree or compromise might, in Beneficiary's reasonable judgment, impairs the value of the Beneficiary's security hereunder; provided, however, that Beneficiary's prior consent is not necessary in the event that the presence of Hazardous Materials on, under, or about the Property either poses an immediate threat to the health, safety or welfare of any individual or is of such a nature that an immediate remedial response is necessary and it is not reasonably possible to obtain Beneficiary's consent before taking such action, provided that in such event Trustor notifies Beneficiary as soon as practicable of any action so taken. Beneficiary agrees not to withhold its consent, where such consent is required hereunder, if (i) a particular remedial action is ordered by a court of competent jurisdiction; (ii) Trustor will or may be subjected to civil or criminal sanctions or penalties if it fails to take a required action; (iii) Trustor establishes to the reasonable satisfaction of Beneficiary that there is no reasonable alternative to such remedial action which would result in less impairment of Beneficiary's security hereunder; or (iv) the action has been agreed to by Beneficiary. The Trustor hereby acknowledges and agrees that (i) this Article is intended as the Beneficiary's written request for information (and the Trustor's response) concerning the environmental condition of the Property as required by California Code of Civil Procedure Section 726.5, and (ii) each representation and warranty in this Deed of Trust or any of the other Loan Documents (together with any indemnity applicable to a breach of any such representation and warranty) with respect to the environmental condition of the property is intended by the July 12, 2016 Contra Costa County Board of Supervisors 1155 863\100\1885969.2 12 Beneficiary and the Trustor to be an "environmental provision" for purposes of California Code of Civil Procedure Section 736. In the event that any portion of the Property is determined to be "environmentally impaired" (as that term is defined in California Code of Civil Procedure Section 726.5(e)(3) or to be an "affected parcel" (as that term is defined in California Code of Civil Procedure Section 726.5(e)(1), then, without otherwise limiting or in any way affecting the Beneficiary's or the Trustee's rights and remedies under this Deed of Trust, the Beneficiary may elect to exercise its rights under California Code of Civil Procedure Section 726.5(a) to (1) waive its lien on such environmentally impaired or affected portion of the Property and (2) exercise (a) the rights and remedies of an unsecured creditor, including reduction of its claim against the Trustor to judgment, and (b) any other rights and remedies permitted by law. For purposes of determining the Beneficiary's right to proceed as an unsecured creditor under California Code of Civil Procedure Section 726.5(a), the Trustor will be deemed to have willfully permitted or acquiesced in a release or threatened release of hazardous materials, within the meaning of California Code of Civil Procedure Section 726.5(d)(1), if the release or threatened release of hazardous materials was knowingly or negligently caused or contributed to by any lessee, occupant, or user of any portion of the Property and the Trustor knew or should have known of the activity by such lessee, occupant, or user which caused or contributed to the release or threatened release. All costs and expenses, including (but not limited to) attorneys' fees, incurred by the Beneficiary in connection with any action commenced under this paragraph, including any action required by California Code of Civil Procedure Section 726.5(b) to determine the degree to which the Property is environmentally impaired, plus interest thereon at the Default Rate until paid, will be added to the indebtedness secured by this Deed of Trust and will be due and payable to the Beneficiary upon its demand made at any time following the conclusion of such action. ARTICLE 7 EVENTS OF DEFAULT AND REMEDIES Section 7.1 Events of Default. The following are events of default following the expiration of any applicable notice and cure periods (each an "Event of Default"): (i) failure to make any payment to be paid by Trustor under the Loan Documents; (ii) failure to observe or perform any of Trustor's other covenants, agreements or obligations under the Loan Documents, including, without limitation, the provisions concerning discrimination; (iii) failure to make any payment or observe or perform any of Trustor's other covenants, agreements, or obligations under any Secured Obligations, which default is not cured within the times and in the manner provided therein; and (iv) failure to make any payments or observe or perform any of Trustor's other covenants, agreements or obligations under any other debt instrument or regulatory agreement secured by the Property, which default is not cured within the time and in the manner provided therein. Beneficiary shall provide notice of an Event of Default in the manner set forth in the Loan Agreement. July 12, 2016 Contra Costa County Board of Supervisors 1156 863\100\1885969.2 13 Section 7.2 Acceleration of Maturity. If an Event of Default has occurred and is continuing, then at the option of the Beneficiary, the amount of any payment related to the Event of Default and all unpaid Secured Obligations are immediately due and payable, and no omission on the part of the Beneficiary to exercise such option when entitled to do so may be construed as a waiver of such right. Section 7.3 The Beneficiary's Right to Enter and Take Possession. If an Event of Default has occurred and is continuing, the Beneficiary may: (a) Either in person or by agent, with or without bringing any action or proceeding, or by a receiver appointed by a court, and without regard to the adequacy of its security, enter upon the Property and take possession thereof (or any part thereof) and of any of the Security, in its own name or in the name of Trustee, and do any acts that it deems necessary or desirable to preserve the value or marketability of the Property, or part thereof or interest therein, increase the income therefrom or protect the security thereof. The entering upon and taking possession of the Security will not cure or waive any Event of Default or Notice of Sale (as defined in Section 7.3(c), below) hereunder or invalidate any act done in response to such Event of Default or pursuant to such Notice of Sale, and, notwithstanding the continuance in possession of the Security, Beneficiary will be entitled to exercise every right provided for in this Deed of Trust, or by law upon occurrence of any Event of Default, including the right to exercise the power of sale; (b) Commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver, or specifically enforce any of the covenants hereof; (c) Deliver to Trustee a written declaration of an Event of Default and demand for sale, and a written notice of default and election to cause Trustor's interest in the Security to be sold ("Notice of Sale"), which notice Trustee or Beneficiary shall cause to be duly filed for record in the Official Records of Contra Costa County; or (d) Exercise all other rights and remedies provided herein, in the instruments by which the Trustor acquires title to any Security, or in any other document or agreement now or hereafter evidencing, creating or securing the Secured Obligations. Section 7.4 Foreclosure By Power of Sale. Should the Beneficiary elect to foreclose by exercise of the power of sale herein contained, the Beneficiary shall deliver to the Trustee the Notice of Sale and shall deposit with Trustee this Deed of Trust which is secured hereby (and the deposit of which will be deemed to constitute evidence that the Secured Obligations are immediately due and payable), and such receipts and evidence of any expenditures made that are additionally secured hereby as Trustee may require. (a) Upon receipt of the Notice of Sale from the Beneficiary, Trustee shall cause to be recorded, published and delivered to Trustor such Notice of Sale as is then required by law and by this Deed of Trust. Trustee shall, without demand on Trustor, after the lapse of July 12, 2016 Contra Costa County Board of Supervisors 1157 863\100\1885969.2 14 that amount of time as is then required by law and after recordation of such Notice of Sale as required by law, sell the Security, at the time and place of sale set forth in the Notice of Sale, whether as a whole or in separate lots or parcels or items, as Trustee deems expedient and in such order as it determines, unless specified otherwise by the Trustor according to California Civil Code Section 2924g(b), at public auction to the highest bidder, for cash in lawful money of the United States payable at the time of sale. Trustee shall deliver to such purchaser or purchasers thereof its good and sufficient deed or deeds conveying the property so sold, but without any covenant or warranty, express or implied. The recitals in such deed or any matters of facts will be conclusive proof of the truthfulness thereof. Any person, including, without limitation, Trustor, Trustee or Beneficiary, may purchase at such sale. (b) After deducting all reasonable costs, fees and expenses of Trustee, including costs of evidence of title in connection with such sale, Trustee shall apply the proceeds of sale to payment of: (i) the unpaid Principal amount of the Note; (ii) all other Secured Obligations owed to Beneficiary under the Loan Documents; (iii) all other sums then secured hereby; and (iv) the remainder, if any, to Trustor. (c) Trustee may postpone sale of all or any portion of the Property by public announcement at such time and place of sale, and from time to time thereafter, and without further notice make such sale at the time fixed by the last postponement, or may, in its discretion, give a new Notice of Sale. Section 7.5 Receiver. If an Event of Default occurs and is continuing, Beneficiary, as a matter of right and without further notice to Trustor or anyone claiming under the Security, and without regard to the then value of the Security or the interest of Trustor therein, may apply to any court having jurisdiction to appoint a receiver or receivers of the Security (or a part thereof), and Trustor hereby irrevocably consents to such appointment and waives further notice of any application therefor. Any such receiver or receivers will have all the usual powers and duties of receivers in like or similar cases, and all the powers and duties of Beneficiary in case of entry as provided herein, and will continue as such and exercise all such powers until the date of confirmation of sale of the Security, unless such receivership is sooner terminated. Section 7.6 Remedies Cumulative. No right, power or remedy conferred upon or reserved to the Beneficiary by this Deed of Trust is intended to be exclusive of any other right, power or remedy, but each and every such right, power and remedy will be cumulative and concurrent and will be in addition to any other right, power and remedy given hereunder or now or hereafter existing at law or in equity. Section 7.7 No Waiver. (a) No delay or omission of the Beneficiary to exercise any right, power or remedy accruing upon any Event of Default will exhaust or impair any such right, power or remedy, and may not be construed to be a waiver of any such Event of Default or acquiescence therein; and every right, power and remedy given by this Deed of Trust to the Beneficiary may be exercised from time to time and as often as may be deemed expeditious by the Beneficiary. July 12, 2016 Contra Costa County Board of Supervisors 1158 863\100\1885969.2 15 Beneficiary's express or implied consent to breach, or waiver of, any obligation of the Trustor hereunder will not be deemed or construed to be a consent to any subsequent breach, or further waiver, of such obligation or of any other obligations of the Trustor hereunder. Failure on the part of the Beneficiary to complain of any act or failure to act or to declare an Event of Default, irrespective of how long such failure continues, will not constitute a waiver by the Beneficiary of its right hereunder or impair any rights, power or remedies consequent on any Event of Default by the Trustor. (b) If the Beneficiary (i) grants forbearance or an extension of time for the payment or performance of any Secured Obligation, (ii) takes other or additional security or the payment of any sums secured hereby, (iii) waives or does not exercise any right granted in the Loan Documents, (iv) releases any part of the Security from the lien of this Deed of Trust, or otherwise changes any of the terms, covenants, conditions or agreements in the Loan Documents, (v) consents to the granting of any easement or other right affecting the Security, or (vi) makes or consents to any agreement subordinating the lien hereof, any such act or omission will not release, discharge, modify, change or affect the original liability under this Deed of Trust, or any other obligation of the Trustor or any subsequent purchaser of the Security or any part thereof, or any maker, co-signer, endorser, surety or guarantor (unless expressly released); nor will any such act or omission preclude the Beneficiary from exercising any right, power or privilege herein granted or intended to be granted in any Event of Default then made or of any subsequent Event of Default, nor, except as otherwise expressly provided in an instrument or instruments executed by the Beneficiary, will the lien of this Deed of Trust be altered thereby. Section 7.8 Suits to Protect the Security. The Beneficiary has the power to (a) institute and maintain such suits and proceedings as it may deem expedient to prevent any impairment of the Security and the rights of the Beneficiary as may be unlawful or any violation of this Deed of Trust, (b) preserve or protect its interest (as described in this Deed of Trust) in the Security, and (c) restrain the enforcement of or compliance with any legislation or other governmental enactment, rule or order that may be unconstitutional or otherwise invalid, if the enforcement for compliance with such enactment, rule or order would impair the Security thereunder or be prejudicial to the interest of the Beneficiary. Section 7.9 Trustee May File Proofs of Claim. In the case of any receivership, insolvency, bankruptcy, reorganization, arrangement, adjustment, composition or other proceedings affecting the Trustor, its creditors or its property, the Beneficiary, to the extent permitted by law, will be entitled to file such proofs of claim and other documents as may be necessary or advisable in order to have the claims of the Beneficiary allowed in such proceedings and for any additional amount that becomes due and payable by the Trustor hereunder after such date. Section 7.10 Waiver. The Trustor waives presentment, demand for payment, notice of dishonor, notice of protest and nonpayment, protest, notice of interest on interest and late charges, and diligence in taking any action to collect any Secured Obligations or in proceedings against the Security, in July 12, 2016 Contra Costa County Board of Supervisors 1159 863\100\1885969.2 16 connection with the delivery, acceptance, performance, default, endorsement or guaranty of this Deed of Trust. ARTICLE 8 MISCELLANEOUS Section 8.1 Amendments. This Deed of Trust cannot be waived, changed, discharged or terminated orally, but only by an instrument in writing signed by Beneficiary and Trustor. Section 8.2 Reconveyance by Trustee. Upon written request of Beneficiary stating that all Secured Obligations have been paid or forgiven, and all obligations under the Loan Documents have been performed in full, and upon surrender of this Deed of Trust to Trustee for cancellation and retention, and upon payment by Trustor of Trustee's reasonable fees, Trustee shall reconvey the Security to Trustor, or to the person or persons legally entitled thereto. Section 8.3 Notices. If at any time after the execution of this Deed of Trust it becomes necessary or convenient for one of the parties hereto to serve any notice, demand or communication upon the other party, such notice, demand or communication must be in writing and is to be served personally or by depositing the same in the registered United States mail, return receipt requested, postage prepaid and (1) if intended for Beneficiary is to be addressed to: County of Contra Costa Department of Conservation and Development 30 Muir Road Martinez, CA 94553 Attention: Affordable Housing Program Manager and (2) if intended for Trustor is to be addressed to: Riviera Family Apartments, L.P. c/o RCD GP, LLC 2220 Oxford Street Berkeley, CA 94720 Attention: Executive Director With a copy to: Wells Fargo Affordable Housing Community Development Corporation MAC D1053-170 301 South College Street Charlotte, NC 28288 Attention: Director of Tax Credit Asset Management July 12, 2016 Contra Costa County Board of Supervisors 1160 863\100\1885969.2 17 Any notice, demand or communication will be deemed given, received, made or communicated on the date personal delivery is effected or, if mailed in the manner herein specified, on the delivery date or date delivery is refused by the addressee, as shown on the return receipt. Either party may change its address at any time by giving written notice of such change to Beneficiary or Trustor as the case may be, in the manner provided herein, at least ten (10) days prior to the date such change is desired to be effective. Section 8.4 Successors and Joint Trustors. Where an obligation created herein is binding upon Trustor, the obligation also applies to and binds any transferee or successors in interest. Where the terms of the Deed of Trust have the effect of creating an obligation of the Trustor and a transferee, such obligation will be deemed to be a joint and several obligation of the Trustor and such transferee. Where Trustor is more than one entity or person, all obligations of Trustor will be deemed to be a joint and several obligation of each and every entity and person comprising Trustor. Section 8.5 Captions. The captions or headings at the beginning of each Section hereof are for the convenience of the parties and are not a part of this Deed of Trust. Section 8.6 Invalidity of Certain Provisions. Every provision of this Deed of Trust is intended to be severable. In the event any term or provision hereof is declared to be illegal or invalid for any reason whatsoever by a court or other body of competent jurisdiction, such illegality or invalidity will not affect the balance of the terms and provisions hereof, which terms and provisions will remain binding and enforceable. If the lien of this Deed of Trust is invalid or unenforceable as to any part of the debt, or if the lien is invalid or unenforceable as to any part of the Security, the unsecured or partially secured portion of the debt, and all payments made on the debt, whether voluntary or under foreclosure or other enforcement action or procedure, will be considered to have been first paid or applied to the full payment of that portion of the debt that is not secured or partially secured by the lien of this Deed of Trust. Section 8.7 Governing Law. This Deed of Trust is governed by the laws of the State of California. Section 8.8 Gender and Number. In this Deed of Trust the singular includes the plural and the masculine includes the feminine and neuter and vice versa, if the context so requires. Section 8.9 Deed of Trust, Mortgage. Any reference in this Deed of Trust to a mortgage also refers to a deed of trust and any reference to a deed of trust also refers to a mortgage. July 12, 2016 Contra Costa County Board of Supervisors 1161 863\100\1885969.2 18 Section 8.10 Actions. Trustor shall appear in and defend any action or proceeding purporting to affect the Security. Section 8.11 Substitution of Trustee. Beneficiary may from time to time substitute a successor or successors to any Trustee named herein or acting hereunder to execute this Trust. Upon such appointment, and without conveyance to the successor trustee, the latter will be vested with all title, powers, and duties conferred upon any Trustee herein named or acting hereunder. Each such appointment and substitution is to be made by written instrument executed by Beneficiary, containing reference to this Deed of Trust and its place of record, which, when duly recorded in the proper office of the county or counties in which the Property is situated, will be conclusive proof of proper appointment of the successor trustee. Section 8.12 Statute of Limitations. The pleading of any statute of limitations as a defense to any and all obligations secured by this Deed of Trust is hereby waived to the full extent permissible by law. Section 8.13 Acceptance by Trustee. Trustee accepts this Trust when this Deed of Trust, duly executed and acknowledged, is made public record as provided by law. Except as otherwise provided by law, the Trustee is not obligated to notify any party hereto of a pending sale under this Deed of Trust or of any action or proceeding in which Trustor, Beneficiary, or Trustee is a party unless brought by Trustee. Section 8.14 Tax Credit Provisions. Notwithstanding anything to the contrary contained herein or in any documents secured by this Deed of Trust or contained in any subordination agreement, and to the extent applicable, the Beneficiary acknowledges and agrees that in the event of a foreclosure or deed-in-lieu of foreclosure (collectively, "Foreclosure") with respect to the Security encumbered by this Deed of Trust, the following rule contained in 26 U.S.C. Section 42(h)(6)(E)(ii), as amended, applies: For a period of three (3) years from the date of Foreclosure, with respect to an existing tenant of any low-income unit, (i) such tenant may not be subject to eviction or termination of their tenancy (other than for good cause), (ii) nor may such tenant's gross rent with respect to such unit be increased, except as otherwise permitted under Section 42 of the Internal Revenue Code. July 12, 2016 Contra Costa County Board of Supervisors 1162 Signature page County Deed of Trust 863\100\1885969.2 19 IN WITNESS WHEREOF, Trustor has executed this Deed of Trust as of the day and year first above written. Riviera Family Apartments, L.P., a California limited partnership By: RCD GP LLC, a California limited liability company, its general partner By: Resources for Community Development, a California nonprofit public benefit corporation, its sole member/manager By:_______________________ Daniel Sawislak, Executive Director July 12, 2016 Contra Costa County Board of Supervisors 1163 863\100\1885969.2 STATE OF CALIFORNIA ) ) COUNTY OF __________________ ) On ____________________, before me, ___________________________, Notary Public, personally appeared ______________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify UNDER PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ______________________________________ Name: ______________________________ Notary Public A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. July 12, 2016 Contra Costa County Board of Supervisors 1164 A-1 863\100\1885969.2 EXHIBIT A LEGAL DESCRIPTION The land is situated in the State of California, County of Contra Costa, and is described as follows: July 12, 2016 Contra Costa County Board of Supervisors 1165 1 863\100\1886123.3 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Contra Costa County Department of Conservation and Development 30 Muir Road Martinez, CA 94553 Attn: Affordable Housing Program Manager No fee for recording pursuant to Government Code Section 27383 __________________________________________________________________________ HOME/HOPWA REGULATORY AGREEMENT AND DECLARATION OF RESTRICTIVE COVENANTS (Riviera Family Apartments) This HOME/HOPWA Regulatory Agreement and Declaration of Restrictive Covenants (the "HOME/HOPWA Regulatory Agreement") is dated July 15, 2016 and is between the County of Contra Costa, a political subdivision of the State of California (the "County"), and Riviera Family Apartments, L.P., a California limited partnership ("Borrower"). RECITALS A. Defined terms used but not defined in these recitals are as defined in Article 1 of this HOME/HOPWA Regulatory Agreement. B. The County has received Home Investment Partnerships Act funds from the United States Department of Housing and Urban Development ("HUD") pursuant to the Cranston-Gonzales National Housing Act of 1990 ("HOME Funds"). The HOME Funds must be used by the County in accordance with 24 C.F.R. Part 92. C. The County has received Housing Opportunities for Persons with AIDS Program funds from HUD pursuant to the HOPWA program ("HOPWA Funds"). The HOPWA Funds are available to and administered by the County, as the subrecipient of the City of Oakland, which is the representative for the Alameda-Contra Costa County Eligible Metropolitan Area. The HOPWA Funds must be used by the County in accordance with 24 C.F.R. Part 574. D. Borrower is the owner of that certain real property located at 1716-1738 Riviera Avenue ("Parcel 1") and 1511-1515 Riviera Avenue ("Parcel 2") in the City of Walnut Creek, County of Contra Costa, State of California, as more particularly described in Exhibit A (collectively, the "Property"). Borrower intends to construct fifty-eight (58) multifamily housing units on the Property for rental to extremely low, very low and low income households, including one (1) manager's unit (the "Development"). The Development, as well as all landscaping, roads and parking spaces on the Property and any additional improvements on the July 12, 2016 Contra Costa County Board of Supervisors 1166 2 863\100\1886123.3 Property, are the "Improvements". Thirty (30) Units will be constructed on Parcel 2 and Twenty-eight (28) Units will be constructed on Parcel 1. E. Pursuant to a HOME and HOPWA Loan Agreement by and between the County and Borrower of even date herewith (the "Loan Agreement"), the County is lending Borrower One Million Dollars ($1,000,000) of HOME Funds (the "HOME Loan") and One Million Dollars ($1,000,000) of HOPWA Funds (the "HOPWA Loan") for a total loan amount of Two Million Dollars ($2,000,000) (the "Loan"). F. The County has the authority to lend the Loan to Borrower pursuant to Government Code Section 26227, which authorizes counties to spend county funds for programs that will further a county's public purposes. In addition, the County has the authority to loan (i) the HOME Funds pursuant to 24 C.F.R. 92.205 and (ii) the HOPWA Funds pursuant to 24 C.F.R. 574.300. G. The County has agreed to make the Loan on the condition that Borrower maintain and operate the Development in accordance with restrictions set forth in this HOME/HOPWA Regulatory Agreement and the County Regulatory Agreement, and in the related documents evidencing the Loan. H. As it applies to the HOME/HOPWA Assisted Units this HOME/HOPWA Regulatory Agreement will be in effect for the HOME Term. The County Regulatory Agreement as it applies to the HOME/HOPWA Assisted Units will be in effect for fifty-five (55) years from the Completion Date which term overlaps with but is longer than the HOME Term. Pursuant to Section 6.15 below, compliance with the terms of this HOME/HOPWA Regulatory Agreement will be deemed compliance with the County Regulatory Agreement during the HOME Term. I. In consideration of receipt of the Loan at an interest rate substantially below the market rate, Borrower agrees to observe all the terms and conditions set forth below. The parties therefore agree as follows: AGREEMENT ARTICLE 1 DEFINITIONS 1.1 Definitions. The following terms have the following meanings: (a) "Actual Household Size" means the actual number of persons in the applicable household. (b) "Adjusted Income" means, (i) with respect to the Tenant of each HOPWA- Assisted Unit, the Tenant’s total anticipated annual income as defined in 24 CFR 5.609 and July 12, 2016 Contra Costa County Board of Supervisors 1167 3 863\100\1886123.3 calculated pursuant to 24 CFR 5.611, and as further referenced in 24 CFR 574.310(d)(1), and (ii) with respect to the Tenant of each HOME-Assisted Unit the Tenant’s total anticipated annual income as defined in 24 CFR 5.609 and calculated pursuant to 24 CFR 5.611, and as further referenced in 24 CFR 92.203(b)(1). (c) "Assumed Household Size" means the household size adjusted for family size appropriate to the unit using the California Tax Credit Allocation Committee methodology for calculating Rent. (d) "City" means the City of Walnut Creek, California, a municipal corporation. (e) "Completion Date" means the date a final certificate of occupancy, or equivalent document is issued by the City to certify that the Development may be legally occupied. (f) "County Regulatory Agreement" means the Regulatory Agreement and Declaration of Restrictive Covenants of even date herewith, between the County and Borrower evidencing County requirements applicable to the Loan, to be recorded against the Property concurrently herewith. (g) "Deed of Trust" means the Deed of Trust with Assignment of Rents, Security Agreement and Fixture Filing of even date herewith by and among Borrower, as trustor, North American Title Company, as trustee, and the County, as beneficiary, that encumbers the Property to secure repayment of the Loan and Borrower's performance of the Loan Documents. (h) "Development" has the meaning set forth in Paragraph D of the Recitals. (i) "Extremely Low Income Household" means a household with an Adjusted Income that does not exceed thirty percent (30%) of Median Income, adjusted for Actual Household Size. (j) "Extremely Low Income Rent" means the maximum allowable rent for an Extremely Low Income Unit pursuant to Section 2.2(b) below. (k) "Extremely Low Income Units" means the Units which, pursuant to Section 2.1(a) (1) below, are required to be occupied by Extremely Low Income Households. (l) "Forty Percent Income Household" means a household (i) with an Adjusted Income that does not exceed forty percent (40%) of Median Income, adjusted for Actual Household Size, and (ii) if the Unit is a HOME-Assisted Unit, that is not an individual student not eligible to receive Section 8 assistance under 24 C.F.R. 5.612. (m) "Forty Percent Income Rent" means the maximum allowable rent for a Forty Percent Income Unit pursuant to Section 2.2(c) below. July 12, 2016 Contra Costa County Board of Supervisors 1168 4 863\100\1886123.3 (n) "Forty Percent Income Units" means the Units which, pursuant to Section 2.1(a)(2) and Section 2.1(b)(1) below, are required to be occupied by Forty Percent Income Households. (o) "HOME" means the Home Investment Partnerships Act Program funded pursuant to the Cranston-Gonzales National Housing Act of 1990. (p) "HOME-Assisted Units" means the sixteen (16) Units to be constructed on the Property that are (i) restricted to occupancy by Very Low Income Households, Forty Percent Income Households, and Sixty Percent Income Households in compliance with Section 2.1(b) below, and (ii) are "floating" Units as defined in 24 C.F.R. 92.252(j). (q) "HOME Funds" has the meaning set forth in Paragraph B of the Recitals. (r) "HOME Loan" has the meaning set forth in Paragraph E of the Recitals. (s) "HOME Term" means the term of this HOME/HOPWA Regulatory Agreement which commences as of the date of this HOME/HOPWA Regulatory Agreement, and unless sooner terminated pursuant to the terms of this HOME/HOPWA Regulatory Agreement, expires on the twenty-first (21st) anniversary of the Completion Date; provided, however, if a record of the Completion Date cannot be located or established, the HOME Term will expire on the twenty-third (23rd) anniversary of this HOME/HOPWA Regulatory Agreement. (t) "HOME/HOPWA Assisted Units" means the HOME-Assisted Units and HOPWA-Assisted Units. (u) "HOME/HOPWA Regulatory Agreement" has the meaning set forth in the first paragraph of this HOME/HOPWA Regulatory Agreement. (v) "HOPWA" means the Housing Opportunities for Persons with AIDS Program pursuant to the AIDS Housing Opportunity Act (42 USC 12901 et. seq.), as amended by the Housing and Community Development Act of 1992 (42 USC 5301 et. seq.). (w) "HOPWA-Assisted Units" means the eight (8) Units to be constructed on Parcel 2 that are (i) restricted to occupancy by Extremely Low Income Households and Forty Percent Income Households in compliance with Section 2.1(a) below and (ii) restricted to occupancy by HOPWA-Eligible Households during the HOPWA Term. (x) "HOPWA-Eligible Household" means a household that (i) includes at least one Person with HIV/AIDS, and (ii) satisfies the definition of an Extremely Low Income Household or Forty Percent Income Household in compliance with Section 2.1(a) below. (y) "HOPWA Funds" has the meaning set forth in Paragraph C of the Recitals. (z) "HOPWA Loan" has the meaning set forth in Paragraph E of the Recitals. July 12, 2016 Contra Costa County Board of Supervisors 1169 5 863\100\1886123.3 (aa) "HOPWA Regulations" means the regulations set forth in 24 C.F.R. Part 574. (bb) "HOPWA Term" means the period of time that commences on the date of this HOME/HOPWA Regulatory Agreement and expires on the tenth (10th) anniversary of the Completion Date, unless earlier terminated pursuant to Section 2.5; provided, however, if a record of the Completion Date cannot be located or established, the HOPWA Term will expire on the twelfth (12th) anniversary of this HOME/HOPWA Regulatory Agreement. (cc) "HUD" has the meaning set forth in Paragraph B of the Recitals. (dd) "Improvements" has the meaning set forth in Paragraph D of the Recitals. (ee) "Intercreditor Agreement" means that certain intercreditor agreement of even date herewith among the City, the County, and Borrower. (ff) "Loan" has the meaning set forth in Paragraph E of the Recitals. (gg) "Loan Agreement" has the meaning set forth in Paragraph E of the Recitals. (hh) "Loan Documents" means the documents evidencing the Loan including this HOME/HOPWA Regulatory Agreement, the Note, the Loan Agreement, the Intercreditor Agreement, the County Regulatory Agreement, and the Deed of Trust. (ii) "Low HOME Rent" means a monthly Rent that does not exceed the maximum rent published by HUD for a Very Low Income Household for the applicable bedroom size as set forth in 24 C.F.R. 92.252(b). (jj) "Low Income Household" means a Tenant with an Adjusted Income that does not exceed eighty percent (80%) of Median Income, with adjustments for smaller and larger families, except that HUD may establish income ceilings higher or lower than eighty percent (80%) of Median Income on the basis of HUD findings that such variations are necessary because of prevailing levels of construction costs or fair market rents, or unusually high or low family incomes, as such definition may be amended pursuant to 24 C.F.R. Section 92.2. (kk) "Marketing Plan" has the meaning set forth in Section 4.3(a). (ll) "Median Income" means the median gross yearly income, adjusted for Actual Household Size as specified herein, in the County of Contra Costa, California, as published from time to time by HUD. In the event that such income determinations are no longer published, or are not updated for a period of at least eighteen (18) months, the County shall provide Borrower with other income determinations that are reasonably similar with respect to methods of calculation to those previously published by HUD. (mm) "Note" means the promissory note that evidences Borrower's obligation to repay the Loan, as such may be amended form time to time. July 12, 2016 Contra Costa County Board of Supervisors 1170 6 863\100\1886123.3 (nn) "Parcel 1" has the meaning set forth in Paragraph D of the Recitals. (oo) "Parcel 2" has the meaning set forth in Paragraph D of the Recitals. (pp) "Person with HIV/AIDS" means a person with the disease of acquired immunodeficiency syndrome or any conditions arising from the etiological agent for acquired immunodeficiency syndrome, including infection with the human immunodeficiency virus (HIV), as confirmed by a certification of HIV-positive test status to be delivered to and maintained on file by Borrower as such definition may be amended as set forth in 24 C.F.R. 574.3. (qq) "Property" has the meaning set forth in Paragraph D of the Recitals. (rr) "Remainder Term" means the period that begins on the date the HOPWA Term expires or is terminated by the County pursuant to Section 2.5, and ends on the last day of the HOME Term. (ss) "Rent" means the total monthly payments by the Tenant of a Unit for the following: use and occupancy of the Unit and land and associated facilities; any separately charged fees or service charges assessed by Borrower which are customarily charged in rental housing and required of all Tenants (subject to the limitations set forth in 24 C.F.R. 92.214(b)(3)), other than security deposits; an allowance for the cost of an adequate level of service for utilities paid by the Tenant, including garbage collection, sewer, water, electricity, gas and other heating, cooking and refrigeration fuel, but not telephone service or cable TV; and any other interest, taxes, fees or charges for use of the land or associated facilities and assessed by a public or private entity other than Borrower, and paid by the Tenant. (tt) "Sixty Percent Income Household" means a household (i) with an Adjusted Income that does not exceed sixty percent (60%) of Median Income, adjusted for Actual Household Size, and (ii) that is not an individual student not eligible to receive Section 8 assistance under 24 C.F.R. 5.612. (uu) "Sixty Percent Income Rent" means the maximum allowable rent for a Sixty Percent Income Unit pursuant to Section 2.2(e) below. (vv) "Sixty Percent Income Units" means the Units which, pursuant to Section 2.1(b)(3) below, are required to be occupied by Sixty Percent Income Households. (ww) "Social Services Plan" has the meaning set forth in Section 4.3(c). (xx) "Tenant" means the tenant household that occupies a Unit in the Development. (yy) "Tenant Selection Plan" has the meaning set forth in Section 4.3(b). July 12, 2016 Contra Costa County Board of Supervisors 1171 7 863\100\1886123.3 (zz) "Unit(s)" means one (1) or more of the units in the Development. (aaa) "Very Low Income Household" means a household (i) with an Adjusted Income that does not exceed fifty percent (50%) of Median Income, with adjustments for smaller and larger families, except that HUD may establish income ceilings higher or lower than fifty percent (50%) of Median Income on the basis of HUD findings that such variations are necessary because of prevailing levels of construction costs or fair market rents, or unusually high or low family incomes, as set forth in 24 C.F.R. Section 92.2, and (ii) that is not an individual student not eligible to receive Section 8 assistance under 24 C.F.R. 5.612. (bbb) "Very Low Income Rent" means the maximum allowable rent for a Very Low Income Unit pursuant to Section 2.2(d) below. (ccc) "Very Low Income Units" means the Units which, pursuant to Section 2.1(b)(2) below, are required to be occupied by Very Low Income Households. ARTICLE 2 AFFORDABILITY AND OCCUPANCY COVENANTS 2.1 Occupancy Requirements. (a) HOPWA-Assisted Units. (1) Extremely Low Income Units. (A) During the HOPWA Term, Borrower shall cause five (5) Units to be rented to and occupied by or, if vacant, available for occupancy by, Extremely Low Income Households which households are HOPWA-Eligible Households. (B) During the Remainder Term Borrower shall cause five (5) Units to be rented to and occupied by or, if vacant, available for occupancy by, Extremely Low Income Households, which households are not required to be HOPWA-Eligible Households. (2) Forty Percent Income Units. (A) During the HOPWA Term, Borrower shall cause three (3) Units to be rented to and occupied by or, if vacant, available for occupancy by, Forty Percent Income Households which households are HOPWA-Eligible Households. (B) During the Remainder Term, Borrower shall cause three (3) Units to be rented to and occupied by or, if vacant, available for occupancy by, Forty Percent Income Households, which households are not required to be HOPWA-Eligible Households. (b) HOME-Assisted Units. (1) Forty Percent Income Units. During the HOME Term, Borrower July 12, 2016 Contra Costa County Board of Supervisors 1172 8 863\100\1886123.3 shall cause one (1) Unit to be rented to and occupied by or, if vacant, available for occupancy by a Forty Percent Income Household. (2) Very Low Income Units. During the HOME Term, Borrower shall cause four (4) Units to be rented to and occupied by or, if vacant, available for occupancy by Very Low Income Households. (3) Sixty Percent Income Units. During the HOME Term, Borrower shall cause eleven (11) Units to be rented to and occupied by or, if vacant, available for occupancy by Sixty Percent Income Households. (c) Intermingling of Units. Borrower shall cause the HOME/HOPWA Assisted Units to be intermingled throughout the Development and of comparable quality to all other Units. All the HOPWA Assisted Units must be located on Parcel 2. All Tenants must have equal access to and enjoyment of all common facilities in the Development. The HOME/HOPWA Assisted Units must be of the bedroom size set forth in the following chart: Extremely Low Income Units 40% Income Units Very Low Income Units 60% Income Units Zero-Bd. Units 3 HOPWA 1 HOPWA 2 HOME One-Bd. Units 2 HOPWA 1 HOPWA 1 HOME 5 HOME Two-Bd. Units 1 HOPWA 1 HOME 1 HOME Three-Bd. Units 6 HOME Total 5 4 4 11 (d) Disabled Persons Occupancy. Borrower shall cause the Development to be constructed and operated at all times in compliance with the provisions of: (i) the Unruh Act, (ii) the California Fair Employment and Housing Act, (iii) Section 504 of the Rehabilitation Act of 1973("Section 504"), (iv) the United States Fair Housing Act, as amended, and (v) the Americans With Disabilities Act of 1990, which relate to disabled persons access. In compliance with Section 504, a minimum of three (3) HOME/HOPWA-Assisted Units must be constructed to be fully accessible to households with a mobility impaired member and an additional two (2) HOME/HOPWA-Assisted Units must be constructed to be fully accessible to hearing and/or visually impaired persons. Borrower shall indemnify, protect, hold harmless and defend (with counsel reasonably satisfactory to the County) the County, and its board members, officers and employees, from all suits, actions, claims, causes of action, costs, demands, judgments and liens arising out of Borrower's failure to comply with applicable legal requirements related to housing for persons with disabilities. The provisions of this subsection will survive expiration of the HOME Term or other termination of this HOME/HOPWA Regulatory Agreement, and remain in full force and effect. July 12, 2016 Contra Costa County Board of Supervisors 1173 9 863\100\1886123.3 (e) HOME-Assisted Unit Compliance Deadline. Each HOME-Assisted Unit must be rented to and occupied by a Very Low Income Household, Forty Percent Income Household, or Sixty Percent Income Household, as applicable, pursuant to Section 2.1(b) on or before the date that occurs eighteen (18) months after the Completion Date. If Borrower fails to comply with this requirement, Borrower shall repay a portion of the HOME Loan, with interest, in accordance with Section 2.8(c) of the Loan Agreement. 2.2 Allowable Rent. (a) HOPWA Rent. (1) During HOPWA Term. Subject to the provisions of Section 2.4(a) below, the total monthly Rent paid by a Tenant of a HOPWA-Assisted Unit during the HOPWA Term may not exceed the amount that is equal to the greater of: (A) thirty percent (30%) of the household's monthly Adjusted Income, as adjusted pursuant to 24 C.F.R. 574.310(d)(1); (B) ten percent (10%) of the household's monthly gross income; and (C) if the household is receiving payments for welfare assistance from a public agency and a part of the payments, adjusted in accordance with the household's actual housing costs, is specifically designated by the agency to meet the household's housing costs, the portion of the payments that is so designated. (2) During Remainder Term. (A) HOPWA-Eligible Household. Subject to the provisions of Section 2.4(a) below the Rent paid by a HOPWA-Eligible Household that occupies a HOPWA- Assisted Unit during the HOPWA Term and that continues to reside in the Unit following the expiration of the HOPWA Term, must be equal to the amount specified in Section 2.2(a)(1). (B) Extremely Low Income Household. After the expiration or termination of the HOPWA Term pursuant to Section 2.5 and subject to Section 2.4(a), the Rent paid by a new Tenant of a HOPWA-Assisted Unit that is an Extremely Low Income Household may not exceed the Extremely Low Income Rent. (C) Forty Percent Income Household. After the expiration or termination of the HOPWA Term pursuant to Section 2.5 and subject to Section 2.4(a), the Rent paid by a new Tenant of a HOPWA-Assisted Unit that is a Forty Percent Income Household may not exceed the Forty Percent Income Rent. (b) Extremely Low Income Rent. Subject to the provisions of Section 2.4(a) below, the Rent paid by Tenants of Extremely Low Income Units may not exceed one-twelfth (1/12) of thirty percent (30%) of thirty percent (30%) of Median Income, adjusted for Assumed Household Size. July 12, 2016 Contra Costa County Board of Supervisors 1174 10 863\100\1886123.3 (c) Forty Percent Income Rent. Subject to Section 2.4(a) and 2.4(b) below, the Rent paid by a Tenant of a Forty Percent Income Unit, may not exceed one-twelfth (1/12th) of thirty percent (30%) of forty percent (40%) of Median Income, adjusted for Assumed Household Size. (d) Very Low Income Rent. Subject to Section 2.4(b) below, the Rent paid by a Tenant of a Very Low Income Unit, may not exceed the Low HOME Rent. (e) Sixty Percent Income Rent. Subject to Section 2.4(b) below, the Rent paid by a Tenant of a Sixty Percent Income Unit, may not exceed one-twelfth (1/12th) of thirty percent (30%) of sixty percent (60%) of Median Income, adjusted for Assumed Household Size. (f) No Additional Fees. Borrower may not charge any fee, other than Rent, to any Tenant of the HOME/HOPWA Assisted Units for any housing or other services provided by Borrower. 2.3 Rent Increases. (a) Rent Amount. The initial Rent for all HOME/HOPWA Assisted Units must be approved by the County prior to occupancy. The County will provide Borrower with a schedule of maximum permissible Rents for the HOME/HOPWA Assisted Units and the maximum monthly allowances for utilities and services (excluding telephone) annually. (b) Rent Increases. All Rent increases for all HOME/HOPWA Assisted Units are subject to County approval. No later than sixty (60) days prior to the proposed implementation of any Rent increase affecting a HOME/HOPWA Assisted Unit, Borrower shall submit to the County a schedule of any proposed increase in the Rent charged for HOME/HOPWA Assisted Units. The Rent for such Units may be increased no more than once annually based upon the annual income certification described in Article 3. The County will disapprove a Rent increase if it violates the schedule of maximum permissible Rents for the HOME/HOPWA Assisted Units provided to Borrower by the County, or is greater than a 5% increase over the previous year's Rent. Borrower shall give Tenants written notice at least thirty (30) days prior to any Rent increase, following completion of the County approval process set forth above. 2.4 Increased Income of Tenants. (a) HOPWA-Assisted Units. (1) Increased Income of HOPWA-Eligible Household During HOPWA Term. If upon the annual certification of the income of a HOPWA-Eligible Household during the HOPWA Term, Borrower determines that the Tenant has an Adjusted Income exceeding the maximum qualifying income of an Extremely Low Income Household or Forty Percent Income Household as applicable, the Tenant may continue to occupy the Unit and Borrower shall continue to charge such Tenant Rent consistent with Section 2.2(a)(1) above. Borrower shall then rent the next available comparable HOPWA-Assisted Unit to an Extremely July 12, 2016 Contra Costa County Board of Supervisors 1175 11 863\100\1886123.3 Low Income Household or Forty Percent Income Household as applicable, that is also a HOPWA-Eligible Household, to comply with the requirements of Section 2.1(a)(1) and Section 2.1(a)(2) above. Any Rent increase is subject to Section 2.3 above. (2) Increased Income of HOPWA-Eligible Household During Remainder Term. If upon the annual certification of the income of a HOPWA-Eligible Household during the Remainder Term, Borrower determines that the Tenant has an Adjusted Income exceeding the maximum qualifying income of an Extremely Low Income Household or Forty Percent Income Household as applicable, the Tenant may continue to occupy the Unit and Borrower shall continue to charge such Tenant Rent consistent with Section 2.2(a)(2)(A) above. Borrower shall then rent the next available comparable HOPWA-Assisted Unit to an Extremely Low Income Household or Forty Percent Income Household as applicable, to comply with the requirements of Section 2.1(a)(1) and Section 2.1(a)(2) above. Any Rent increase is subject to Section 2.3 above. (3) Increased Income above Extremely Low Income but below Low Income Limit During Remainder Term. If upon the annual certification of the income of a Tenant of a HOPWA-Assisted Unit, Borrower determines that the income of the Tenant has increased above the qualifying limit for an Extremely Low Income Household, but not above the qualifying income for a Low Income Household, the Tenant may continue to occupy the Unit and the Tenant's Rent will remain at the Extremely Low Income Rent. Borrower shall then rent the next available Unit to an Extremely Low Income Household to comply with the requirements of Section 2.1(a)(1) above, at a Rent not exceeding the maximum Rent specified in Section 2.2(b), or re-designate another comparable Unit in the Development with an Extremely Low Income Household as an Extremely Low Income Unit to comply with the requirements of Section 2.1(a)(1) above. Upon renting the next available Unit in accordance with Section 2.1(a)(1) or re-designating another Unit in the Development as an Extremely Low Income Unit, the Unit with the over-income Tenant will no longer be considered a HOPWA-Assisted Unit. (4) Increased Income above Forty Percent Income but below Low Income Limit During Remainder Term. If upon the annual certification of the income of a Tenant of a HOPWA-Assisted Unit Borrower determines that the income of a Tenant has increased above the qualifying limit for a Forty Percent Income Household, but not above the qualifying income for a Low Income Household, the Tenant may continue to occupy the Unit and the Tenant's Rent will remain at the Forty Percent Income Rent. Borrower shall then rent the next available Unit to a Forty Percent Income Household, to comply with the requirements of Section 2.1(a)(2) above, at a Rent not exceeding the maximum Rent specified in Section 2.2(c), or re-designate another comparable Unit in the Development with a Forty Percent Income Household a Forty Percent Income Unit to comply with the requirements of Section 2.1(a)(2) above. Upon renting the next available Unit in accordance with Section 2.1(a)(2) or re- designating another Unit in the Development as a Forty Percent Income Unit, the Unit with the over-income Tenant will no longer be considered a HOPWA-Assisted Unit. July 12, 2016 Contra Costa County Board of Supervisors 1176 12 863\100\1886123.3 (b) HOME-Assisted Units. (1) Increased Income above Forty Percent Income but below Low Income Limit. Subject to Subsection (a) above, if, upon the annual certification of the income of a Tenant of a Forty Percent Income Unit, Borrower determines that the income of the Tenant has increased above the qualifying limit for a Forty Percent Income Household, but not above the qualifying income for a Low Income Household, the Tenant may continue to occupy the Unit and the Tenant's Rent will remain at the Forty Percent Income Rent. Borrower shall then rent the next available Unit to a Forty Percent Income Household to comply with the requirements of Section 2.1(b)(1) above, at a Rent not exceeding the maximum Rent specified in Section 2.2(c), or re-designate another comparable Unit in the Development with a Forty Percent Income Household a Forty Percent Income Unit, to comply with the requirements of Section 2.1(b)(1) above. Upon renting the next available Unit in accordance with Section 2.1(b)(1) or re- designating another Unit in the Development as a Forty Percent Income Unit, the Unit with the over-income Tenant will no longer be considered a HOME-Assisted Unit. (2) Increased Income above Very Low Income but below Low Income Limit. Subject to Subsection (a) above, if, upon the annual certification of the income of a Tenant of a Very Low Income Unit, Borrower determines that the income of the Tenant has increased above the qualifying limit for a Very Low Income Household, but not above the qualifying income for a Low Income Household, the Tenant may continue to occupy the Unit and the Tenant's Rent will remain at the Low HOME Rent. Borrower shall then rent the next available Unit to a Very Low Income Household to comply with the requirements of Section 2.1(b)(2) above, at a Rent not exceeding the maximum Rent specified in Section 2.2(d), or re- designate another comparable Unit in the Development with a Very Low Income Household a Very Low Income Unit, to comply with the requirements of Section 2.1(b)(2) above. Upon renting the next available Unit in accordance with Section 2.1(b)(2) or re-designating another Unit in the Development as a Very Low Income Unit, the Unit with the over-income Tenant will no longer be considered a HOME-Assisted Unit. (3) Increased Income above Sixty Percent but below Low Income Limit. Subject to Subsection (a) above, if, upon the annual certification of the income of a Tenant of a Sixty Percent Income Unit, Borrower determines that the income of the Tenant has increased above the qualifying limit for a Sixty Percent Income Household, but not above the qualifying income for a Low Income Household, the Tenant may continue to occupy the Unit and the Tenant's Rent will remain at the Sixty Percent Income Rent. Borrower shall then rent the next available Unit to a Sixty Percent Income Household to comply with the requirements of Section 2.1(b)(3) above, at a Rent not exceeding the maximum Rent specified in Section 2.2(e), or re-designate another comparable Unit in the Development with a Sixty Percent Income Household a Sixty Percent Income Unit, to comply with the requirements of Section 2.1(b)(3) above. Upon renting the next available Unit in accordance with Section 2.1(b)(3) or re- designating another Unit in the Development as a Sixty Percent Income Unit, the Unit with the over-income Tenant will no longer be considered a HOME-Assisted Unit. July 12, 2016 Contra Costa County Board of Supervisors 1177 13 863\100\1886123.3 (c) Non-Qualifying Household. If, upon the annual certification of the income a Tenant of a HOME/HOPWA Assisted Unit, Borrower determines that the Tenant’s income has increased above the qualifying limit for a Low Income Household, the Tenant may continue to occupy the Unit. Upon the expiration of such Tenant's lease, Borrower shall: (1) With 60 days’ advance written notice, increase such Tenant’s Rent to the lesser of (i) one-twelfth (1/12) of thirty percent (30%) of the actual Adjusted Income of the Tenant, and (ii) the fair market rent (subject to 24 C.F.R. 92.252(i)(2) regarding low income housing tax credit requirements), and (2) Rent the next available Unit to an Extremely Low Income Household, Forty Percent Income Household, Very Low Income Household, or Sixty Percent Income Household as applicable, to comply with the requirements of Section 2.1 above, at a Rent not exceeding the maximum Rent specified in Section 2.2(b)-(e), or designate another comparable Unit that is occupied by an Extremely Low Income Household, Forty Percent Income Household, Very Low Income Household, or Sixty Percent Income Household as applicable, as a HOME/HOPWA Assisted Unit, to meet the requirements of Section 2.1 above. On the day that Borrower complies with Section 2.1 in accordance with this Section 2.4(c), the Unit with the over-income Tenant will no longer be considered a HOME/HOPWA Assisted Unit. (d) Termination of Occupancy. Upon termination of occupancy of a HOME/HOPWA Assisted Unit by a Tenant, such Unit will be deemed to be continuously occupied by a household of the same income level as the initial income level of the vacating Tenant, until such unit is reoccupied, at which time categorization of the Unit will be established based on the occupancy requirements of Section 2.1. 2.5 Cure for AIDS. If, in the sole determination of the County, there is a cure for AIDS and therefore no need for the HOPWA-Assisted Units, the County shall provide to Borrower a written notice that sets forth the termination date of the HOPWA Term. ARTICLE 3 INCOME CERTIFICATION; REPORTING; RECORDS 3.1 Income Certification. (a) Borrower shall obtain, complete, and maintain on file, within sixty (60) days before expected occupancy and annually thereafter, income certifications from each Tenant renting any of the HOME/HOPWA Assisted Units. Borrower shall make a good faith effort to verify the accuracy of the income provided by the applicant or occupying household, as the case may be, in an income certification. To verify the information, Borrower shall take two or more of the following steps: (i) obtain a pay stub for the most recent pay period; (ii) obtain an income tax return for the most recent tax year; (iii) conduct a credit agency or similar search; (iv) obtain an income verification form from the applicant's current employer; (v) obtain an income verification form from the Social Security Administration and/or the California Department of Social Services if the applicant receives assistance from either of such agencies; or (vi) if the applicant is unemployed and does not have a tax return, obtain another form of independent July 12, 2016 Contra Costa County Board of Supervisors 1178 14 863\100\1886123.3 verification. Where applicable, Borrower shall examine at least two (2) months of relevant source documentation. Copies of Tenant income certifications are to be available to the County upon request. (b) For each HOPWA-Assisted Unit during the HOPWA Term, Borrower shall obtain, complete, and maintain on file, immediately prior to initial occupancy and annually thereafter, a certification from the Tenant that the HOPWA-Assisted Unit is occupied by a HOPWA-Eligible Household. 3.2 Reporting Requirements. (a) Borrower shall submit to the County within one hundred eighty (180) days after the Completion Date, and not later than forty-five (45) days after the close of each calendar year, or such other date as may be requested by the County, a report that includes the following data for each Unit and specifically identifies which Units are HOME/HOPWA Assisted Units: (i) Tenant income, (ii) the number of occupants, (iii) the Rent, (iv) the number of bedrooms, and (v) the initial address of each Tenant. To demonstrate continued compliance with Section 2.1 Borrower shall cause each annual report after the initial report to include a record of any subsequent Tenant substitutions and any vacancies in HOME/HOPWA Assisted Units that have been filled. (b) Borrower shall submit to the County within forty-five (45) days after receipt of a written request, or such other time agreed to by the County, any other information or completed forms requested by the County in order to comply with reporting requirements of HUD, the State of California, and the County. 3.3 Tenant Records. Borrower shall maintain complete, accurate and current records pertaining to income and household size of Tenants. All Tenant lists, applications and waiting lists relating to the Development are to be at all times: (i) separate and identifiable from any other business of Borrower, (ii) maintained as required by the County, in a reasonable condition for proper audit, and (iii) subject to examination during business hours by representatives of the County. Borrower shall retain copies of all materials obtained or produced with respect to occupancy of the Units for a period of at least five (5) years. The County may examine and make copies of all books, records or other documents of Borrower that pertain to the Development. 3.4 Development Records. (a) Borrower shall keep and maintain at the principal place of business of the Borrower set forth in Section 6.11 below, or elsewhere with the County's written consent, full, complete and appropriate books, records and accounts relating to the Development. Borrower shall cause all books, records and accounts relating to its compliance with the terms, provisions, covenants and conditions of the Loan Documents to be kept and maintained in accordance with generally accepted accounting principles consistently applied, and to be consistent with requirements of this HOME/HOPWA Regulatory Agreement. Borrower shall cause all books, records, and accounts to be open to and available for inspection and copying by HUD, the County, its auditors or other authorized representatives at reasonable intervals during normal business hours. Borrower shall cause copies of all tax July 12, 2016 Contra Costa County Board of Supervisors 1179 15 863\100\1886123.3 returns and other reports that Borrower may be required to furnish to any government agency to be open for inspection by the County at all reasonable times at the place that the books, records and accounts of Borrower are kept. Borrower shall preserve such records for a period of not less than five (5) years after their creation in compliance with all HUD records and accounting requirements. If any litigation, claim, negotiation, audit exception, monitoring, inspection or other action relating to the use of the Loan is pending at the end of the record retention period stated herein, then Borrower shall retain the records until such action and all related issues are resolved. Borrower shall cause the records to include all invoices, receipts, and other documents related to expenditures from the Loan funds. Borrower shall cause records to be accurate and current and in a form that allows the County to comply with the record keeping requirements contained in 24 C.F.R. 92.508, 24 C.F.R. 574.450, and 24 C.F.R. 574.530. Such records are to include but are not limited to: (i) Records providing a full description of the activities undertaken with the use of the Loan funds; (ii) Records demonstrating that each activity undertaken with the HOPWA Funds meets one of the eligible activities of the HOPWA program set forth in 24 C.F.R. Section 574.300 and 24 C.F.R. Section 574.310; (iii) Records demonstrating compliance with the HUD property standards and lead-based paint requirements including the property standards of 24 C.F.R. Section 574.310(b) and the lead-based paint requirements of 24 C.F.R. Section 574.635, and the maintenance requirements set forth in Section 5.6 (which implements 24 C.F.R. 92.251); (iv) Records documenting compliance with the fair housing, equal opportunity, and affirmative fair marketing requirements; (v) Financial records as required by 24 C.F.R. 92.505, and 2 C.F.R. Part 200, and during the HOPWA Term, financial records and other documents necessary to document compliance with the requirements of 24 C.F.R. Part 574 et seq; (vi) Records demonstrating compliance with the HOPWA and HOME marketing, tenant selection, affordability, and income requirements; (vii) Records demonstrating compliance with MBE/WBE requirements; (viii) Records demonstrating compliance with 24 C.F.R. Part 135 which implements Section 3 of the Housing Development Act of 1968; (ix) Records demonstrating compliance with applicable relocation requirements, which must be retained for at least five (5) years after the date by which persons displaced from the property have received final payments; (x) Records demonstrating compliance with labor requirements including certified payrolls from Borrower's general contractor evidencing that applicable prevailing wages have been paid; July 12, 2016 Contra Costa County Board of Supervisors 1180 16 863\100\1886123.3 (xi) Records documenting compliance with the Social Services Plan approved by the County; and (xii) Records demonstrating Borrower's continued compliance with the CHDO requirements. (b) The County shall notify Borrower of any records it deems insufficient. Borrower has fifteen (15) calendar days after the receipt of such a notice to correct any deficiency in the records specified by the County in such notice, or if a period longer than fifteen (15) days is reasonably necessary to correct the deficiency, then Borrower must begin to correct the deficiency within fifteen (15) days and correct the deficiency as soon as reasonably possible. ARTICLE 4 OPERATION OF THE DEVELOPMENT 4.1 Residential Use. Borrower shall operate the Development for residential use only. No part of the Development may be operated as transient housing. 4.2 Compliance with Loan Documents and Program Requirements. Borrower's actions with respect to the Property shall at all times be in full conformity with: (i) all requirements of the Loan Documents; (ii) all requirements imposed on projects assisted with HOME Funds as contained in 42 U.S.C. Section 12701, et seq., 24 C.F.R. Part 92, and other implementing rules and regulations; (iii) all requirements imposed on projects assisted under the HOPWA Program as contained in 42 U.S.C. Section 12901, et seq., 24 C.F.R. Part 574, and other implementing rules and regulations; and (iv) any other regulatory requirements imposed on the Development. 4.3 Marketing Plan; Tenant Selection Plan; and Social Services Plan. (a) Marketing Plan. (1) No later than six (6) months prior to the date construction of the Development is projected to be complete, Borrower shall submit to the County for approval its plan for marketing the Development to income-eligible households and HOPWA-Eligible Households as required by this HOME/HOPWA Regulatory Agreement (the "Marketing Plan"). The Marketing Plan must include information on affirmative marketing efforts and compliance with fair housing laws and 24 C.F.R. 92.351(a). (2) Upon receipt of the Marketing Plan, the County will promptly review the Marketing Plan and will approve or disapprove it within fifteen (15) days after receipt. If the Marketing Plan is not approved, the County will give Borrower specific reasons for such disapproval and Borrower shall submit a revised Marketing Plan within fifteen (15) days of notification of the County's disapproval. Borrower shall follow this procedure for July 12, 2016 Contra Costa County Board of Supervisors 1181 17 863\100\1886123.3 resubmission of a revised Marketing Plan until the Marking Plan is approved by the County. If the Borrower does not submit a revised Marketing Plan that is approved by the County at least three (3) months prior to the date completion of the Development is projected to be complete, Borrower will be in default of this HOME/HOPWA Regulatory Agreement. (3) If any HOME-Assisted Units have not been rented in accordance with Section 2.1(b) above on or before the date that is five (5) months after the Completion Date Borrower shall submit to the County a detailed report of ongoing marketing efforts, and if deemed appropriate by the County, any necessary amendments or updates to the Marketing Plan to cause the vacant HOME-Assisted Units to be rented in compliance with Section 2.1(b). (4) If any HOME-Assisted Units have not been rented to in accordance with Section 2.1(b) above on or before the date that is twelve (12) months after the Completion Date Borrower shall submit to the County a detailed report of ongoing marketing efforts, and if deemed appropriate by the County, any necessary amendments or updates to the Marketing Plan to cause the vacant HOME-Assisted Units to be rented in compliance with Section 2.1(b). (b) Tenant Selection Plan. (1) No later than six (6) months prior to the date construction of the Development is projected to be complete, Borrower shall submit to the County, for its review and approval, Borrower's written tenant selection plan (the "Tenant Selection Plan"). Borrower's Tenant Selection Plan must, at a minimum, meet the requirements for tenant selection set out in 24 C.F.R. Part 574 and 24 C.F.R. 92.253(d), and any modifications thereto. (2) Upon receipt of the Tenant Selection Plan, the County will promptly review the Tenant Selection Plan and will approve or disapprove it within fifteen (15) days after receipt. If the Tenant Selection Plan is not approved, the County will give Borrower specific reasons for such disapproval and Borrower shall submit a revised Tenant Selection Plan within fifteen (15) days of notification of the County's disapproval. Borrower shall follow this procedure for resubmission of a revised Tenant Selection Plan until the Tenant Selection Plan is approved by the County. If the Borrower does not submit a revised Tenant Selection Plan that is approved by the County at least three (3) months prior to the date construction of the Development is projected to be complete, Borrower will be in default of this HOME/HOPWA Regulatory Agreement. (c) Social Services Plan. (1) No later than six (6) months prior to the date construction of the Development is projected to be complete, Borrower shall submit to the County for approval its plan for providing social services from qualified service providers to the HOPWA-Eligible Households of the Development as required by 24 C.F.R. Section 574.310(a)(1) and this HOME/HOPWA Regulatory Agreement (the "Social Services Plan"). (2) Upon receipt of the Social Services Plan, the County will promptly review the Social Services Plan and will approve or disapprove it within fifteen (15) days after July 12, 2016 Contra Costa County Board of Supervisors 1182 18 863\100\1886123.3 receipt. If the Social Services Plan is not approved, the County will give Borrower specific reasons for such disapproval and Borrower shall submit a revised Social Services Plan within fifteen (15) days of notification of the County's disapproval. Borrower shall follow this procedure for resubmission of a revised Social Services Plan until the Social Services Plan is approved by the County. If the Borrower does not submit a revised Social Services Plan that is approved by the County at least three (3) months prior to the date construction of the Development is projected to be complete, Borrower will be in default of this HOME/HOPWA Regulatory Agreement. 4.4 Lease Provisions. (a) No later than four (4) months prior to the date construction of the Development is projected to be complete, Borrower shall submit to the County for approval Borrower’s proposed form of lease agreement for the County's review and approval. When leasing Units within the Development, Borrower shall use the form of lease approved by the County. Borrower may not permit the lease to contain any provision that is prohibited by 24 C.F.R. Section 92.253(b) and any amendments thereto. Borrower’s form of lease must include any provisions necessary to comply with the requirements of the Violence Against Women Reauthorization Act of 2013 (Pub. L. 113–4, 127 Stat. 54) applicable to HUD-funded programs. The form of lease must comply with all requirements of this HOME/HOPWA Regulatory Agreement, the other Loan Documents and must, among other matters: (1) provide for termination of the lease for failure to: (i) provide any information required under this HOME/HOPWA Regulatory Agreement or reasonably requested by Borrower to establish or recertify the Tenant's qualification, or the qualification of the Tenant's household, for occupancy in the Development in accordance with the standards set forth in this HOME/HOPWA Regulatory Agreement, (ii) qualify as an Extremely Low Income Household, Forty Percent Income Household, Very Low Income Household, or Sixty Percent Income Household as a result of any material misrepresentation made by such Tenant with respect to the income computation, or (iii) qualify as a HOPWA-Eligible Household when and if applicable as a result of any material misrepresentation made by such Tenant with respect to HIV/AIDS status. (2) be for an initial term of not less than one (1) year, unless by mutual agreement between the Tenant and Borrower, and provide for no increase in Rent during such year. After the initial year of tenancy, the lease may be month-to-month by mutual agreement of Borrower and the Tenant. Notwithstanding the above, any rent increases are subject to the requirements of Section 2.3 above. (3) include a provision that requires a Tenant who is residing in a Unit required to be accessible pursuant to Section 2.1(d) and who is not in need of an accessible Unit to move to a non-accessible Unit when a non-accessible Unit becomes available and another Tenant or prospective Tenant is in need of an accessible Unit. (b) During the HOME Term, Borrower shall comply with the Marking Plan, Social services Plan, and Tenant Selection Plan approved by the County. July 12, 2016 Contra Costa County Board of Supervisors 1183 19 863\100\1886123.3 4.5 HOPWA Tenant Requirements. During the HOPWA Term Borrower shall: (a) ensure the confidentiality of the name of any individual requesting or receiving assistance through this project pursuant to 24 C.F.R. 574.440; (b) ensure that qualified service providers in the area make available appropriate supportive services to HOPWA-Eligible Households pursuant to 24 C.F.R. 574.310(a)(1); (c) conduct an ongoing assessment of the services required by HOPWA- Eligible Households pursuant to 24 C.F.R. 574.500(b)(2); (d) comply with the Social Services Plan approved by the County detailing the services provided to HOPWA-Eligible Households; and (e) ensure that the Development meets the Housing Quality Standards pursuant to 24 C.F.R. 574.310(b). 4.6 Lease Termination. (a) HOME Lease Termination Requirements. Any termination of a lease or refusal to renew a lease for a HOME-Assisted Unit within the Development must be in conformance with 24 C.F.R. 92.253(c) and the requirements of the Violence Against Women Reauthorization Act of 2013 ((Pub. L. 113–4, 127 Stat. 54) applicable to HUD-funded programs, and must be preceded by not less than sixty (60) days written notice to the Tenant by Borrower specifying the grounds for the action. (b) HOPWA Lease Termination Requirements. (1) Any termination of a lease or refusal to renew a lease for a HOPWA-Assisted Unit within the Development must be in conformance with 24 C.F.R. 574.310(e) during the HOPWA Term, and must be preceded by not less than sixty (60) days written notice to the Tenant by Borrower specifying the grounds for the action. (2) During the HOPWA Term Borrower shall ensure that surviving members of a household that included a Person with HIV/AIDS at the time of his or her death is permitted to continue to occupy the unit and receive supportive services for a reasonable period of up to one (1) year from the time of the death, and is provided with notice of their grace period and with assistance to obtain information about other available housing assistance programs. In addition, in the event such surviving members of a household would be eligible for occupancy in one of the other units within the Development, upon approval from Borrower, such surviving members may remain in their current unit and the next available unit within the Development will become a HOPWA-Assisted Unit. 4.7 HOME and HOPWA Requirements. (a) Borrower shall comply with all applicable laws and regulations governing July 12, 2016 Contra Costa County Board of Supervisors 1184 20 863\100\1886123.3 the use of the HOME Funds as set forth in 24 C.F.R. Part 92, and use of the HOPWA Funds, as set forth in 24 C.F.R. Part 574 et. seq. In the event of any conflict between this HOME/HOPWA Regulatory Agreement and applicable laws and regulations governing the use of the Loan funds, the applicable laws and regulations govern. (b) The laws and regulations governing the use of the Loan funds include (but are not limited to) the following: (i) Environmental and Historic Preservation. 24 C.F.R. Part 58, which prescribes procedures for compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321-4361), and the additional laws and authorities listed at 24 C.F.R. 58.5; (ii) Applicability of Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. The applicable policies, guidelines, and requirements of 2 C.F.R. Part 200; (iii) Debarred, Suspended or Ineligible Contractors. The prohibition on the use of debarred, suspended, or ineligible contractors set forth in 24 C.F.R. Part 24; (iv) Civil Rights, Housing and Community Development, and Age Discrimination Acts. The Fair Housing Act (42 U.S.C. 3601 et seq.) and implementing regulations at 24 C.F.R. Part 100; Title VI of the Civil Rights Act of 1964 as amended; Title VIII of the Civil Rights Act of 1968 as amended; Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended; Section 504 of the Rehabilitation Act of 1973 (29 USC 794, et seq.); the Age Discrimination Act of 1975 (42 USC 6101, et seq.); Executive Order 11063 as amended by Executive Order 12259 and implementing regulations at 24 C.F.R. Part 107; Executive Order 11246 as amended by Executive Orders 11375, 12086, 11478, 12107; Executive Order 11625 as amended by Executive Order 12007; Executive Order 12432; Executive Order 12138 as amended by Executive Order 12608; (v) Lead-Based Paint. The requirement of the Lead-Based Paint Poisoning Prevention Act, as amended (42 U.S.C. 4821 et seq.), the Residential Lead-Based Paint Hazard Reduction Act (42 U.S.C. 4851 et seq.), and implementing regulations at 24 C.F.R. Part 35; (vi) Relocation. The requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601, et seq.), and implementing regulations at 49 C.F.R. Part 24; Section 104(d) of the Housing and Community Development Act of 1974 and implementing regulations at 24 C.F.R. 42 et seq.; 24 C.F.R. 92.353; 24 C.F.R. 574.630; and California Government Code Section 7260 et seq. and implementing regulations at 25 California Code of Regulations Sections 6000 et seq. If and to the extent that development of the Development results in the permanent or temporary displacement of residential tenants, homeowners, or businesses, then Borrower shall comply with all applicable local, state, and federal statutes and regulations with respect to relocation planning, advisory assistance, and payment of monetary benefits. Borrower shall prepare and submit a relocation plan to the County for approval. Borrower is solely responsible for payment July 12, 2016 Contra Costa County Board of Supervisors 1185 21 863\100\1886123.3 of any relocation benefits to any displaced persons and any other obligations associated with complying with such relocation laws. Borrower shall indemnify, defend (with counsel reasonably chosen by the County), and hold harmless the County against all claims that arise out of relocation obligations to residential tenants, homeowners, or businesses permanently or temporarily displaced by the Development; (vii) Discrimination against the Disabled. The requirements of the Fair Housing Act (42 U.S.C. 3601 et seq.) and implementing regulations at 24 C.F.R. Part 100; Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), and federal regulations issued pursuant thereto, which prohibit discrimination against the disabled in any federally assisted program, the requirements of the Architectural Barriers Act of 1968 (42 U.S.C. 4151-4157) and the applicable requirements of Title II and/or Title III of the Americans with Disabilities Act of 1990 (42 U.S.C. 12131 et seq.), and federal regulations issued pursuant thereto; (viii) Clean Air and Water Acts. The Clean Air Act, as amended, 42 U.S.C. 7401 et seq., the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq., and the regulations of the Environmental Protection Agency with respect thereto, at 40 C.F.R. Part 1500, as amended from time to time; (ix) Uniform Administrative Requirements. The provisions of 24 C.F.R. 92.505 and 24 C.F.R. 574.650 regarding cost and auditing requirements; (x) Housing Quality Standards. The housing quality standards set forth in 24 C.F.R. Section 574.310(b); (xi) Supportive Services. The supportive service requirements of 24 C.F.R. Section 574.310(a)(1). Borrower shall procure services to satisfy such service requirements; (xii) Training Opportunities. The requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u ("Section 3"), requiring that to the greatest extent feasible opportunities for training and employment be given to lower income residents of the project area and agreements for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part by persons residing in, the areas of the project. Borrower agrees to include the following language in all subcontracts executed under this HOME/HOPWA Regulatory Agreement: (1) The work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u. The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing. (2) The parties to this contract agree to comply with HUD's regulations in 24 C.F.R. Part 135, which implement Section 3. As evidenced by their execution July 12, 2016 Contra Costa County Board of Supervisors 1186 22 863\100\1886123.3 of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the Part 135 regulations. (3) The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this Section 3 clause; and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference; shall set forth minimum number and job titles subject to hire; availability of apprenticeship and training positions; the qualifications for each; the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. (4) The contractor agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 C.F.R. Part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 C.F.R. Part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 C.F.R. Part 135. (5) The contractor will certify that any vacant employment positions, including training positions, that are filled (A) after the contractor is selected but before the contract is executed, and (B) with persons other than those to whom the regulations of 24 C.F.R. Part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 C.F.R. Part 135. (6) Noncompliance with HUD's regulations in 24 C.F.R. Part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. (7) With respect to work performed in connection with Section 3 covered Indian housing assistance, section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that are subject to the provisions of Section 3 and section 7(b) agree to comply with Section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b). (xiii) Labor Standards. The labor requirements set forth in 24 C.F.R. 92.354; the prevailing wage requirements of the Davis-Bacon Act and implementing rules and regulations (40 U.S.C. 3141-3148); the Copeland "Anti-Kickback" Act (40 U.S.C. 276(c)) which requires that workers be paid at least once a week without any deductions or rebates except permissible deductions; the Contract Work Hours and Safety Standards Act – CWHSSA July 12, 2016 Contra Costa County Board of Supervisors 1187 23 863\100\1886123.3 (40 U.S.C. 3701-3708) which requires that workers receive "overtime" compensation at a rate of 1-1/2 times their regular hourly wage after they have worked forty (40) hours in one (1) week; and Title 29, Code of Federal Regulations, Subtitle A, Parts 1, 3 and 5 are the regulations and procedures issued by the Secretary of Labor for the administration and enforcement of the Davis-Bacon Act, as amended; (xiv) Drug Free Workplace. The requirements of the Drug Free Workplace Act of 1988 (P.L. 100-690) and implementing regulations at 24 C.F.R. Part 24; (xv) Anti-Lobbying; Disclosure Requirements. The disclosure requirements and prohibitions of 31 U.S.C. 1352 and implementing regulations at 24 C.F.R. Part 87; (xvi) Historic Preservation. The historic preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. Section 470) and the procedures set forth in 36 C.F.R. Part 800. If archeological, cultural, or historic period resources are discovered during construction, all construction work must come to a halt and Borrower shall immediately notify the County. Borrower shall not shall alter or move the discovered material(s) until all appropriate procedures for "post-review discoveries" set forth in Section 106 of the National Historic Preservation Act have taken place, which include, but are not limited to, consultation with the California State Historic Preservation Officer and evaluation of the discovered material(s) by a qualified professional archeologist; (xvii) Religious Organizations. If the Borrower is a religious organization, as defined by the HOPWA and/or HOME requirements, the Borrower shall comply with all conditions prescribed by HUD for the use of HOME Funds and HOPWA Funds by religious organizations, including the First Amendment of the United States Constitution regarding church/state principles and the applicable constitutional prohibitions set forth in 24 C.F.R. 92.257 and 24 C.F.R. 574.300(c); (xviii) Violence Against Women. The requirements of the Violence Against Women Reauthorization Act of 2013 (Pub. L. 113–4, 127 Stat. 54) applicable to HUD- funded programs; (xix) Conflict of Interest. The conflict of interest provisions set forth in 24 C.F.R. 92.356 and 24 C.F.R. Section 574.625; and (xx) HUD Regulations. Any other HUD regulations present or as may be amended, added, or waived in the future pertaining to the Loan funds. ARTICLE 5 PROPERTY MANAGEMENT AND MAINTENANCE 5.1 Management Responsibilities. Borrower is responsible for all management functions with respect to the Development, including without limitation the selection of Tenants, certification and recertification of household size and income, evictions, collection of rents and July 12, 2016 Contra Costa County Board of Supervisors 1188 24 863\100\1886123.3 deposits, maintenance, landscaping, routine and extraordinary repairs, replacement of capital items, and security. The County has no responsibility for management of the Development. Borrower shall retain a professional property management company approved by the County in its reasonable discretion to perform Borrower's management duties hereunder. An on-site property manager is also required. 5.2 Management Agent. Borrower shall cause the Development to be managed by an experienced management agent reasonably acceptable to the County, with a demonstrated ability to operate residential facilities like the Development in a manner that will provide decent, safe, and sanitary housing (the "Management Agent"). The County has approved The John Stewart Company as the Management Agent. Borrower shall submit for the County's approval the identity of any proposed subsequent management agent. Borrower shall also submit such additional information about the background, experience and financial condition of any proposed management agent as is reasonably necessary for the County to determine whether the proposed management agent meets the standard for a qualified management agent set forth above. If the proposed management agent meets the standard for a qualified management agent set forth above, the County shall approve the proposed management agent by notifying Borrower in writing. Unless the proposed management agent is disapproved by the County within thirty (30) days, which disapproval is to state with reasonable specificity the basis for disapproval, it shall be deemed approved. 5.3 Periodic Performance Review. The County reserves the right to conduct an annual (or more frequently, if deemed necessary by the County) review of the management practices and financial status of the Development. The purpose of each periodic review will be to enable the County to determine if the Development is being operated and managed in accordance with the requirements and standards of this HOME/HOPWA Regulatory Agreement. Borrower shall cooperate with the County in such reviews. 5.4 Replacement of Management Agent. If, as a result of a periodic review, the County determines in its reasonable judgment that the Development is not being operated and managed in accordance with any of the material requirements and standards of this HOME/HOPWA Regulatory Agreement, the County shall deliver notice to Borrower of its intention to cause replacement of the Management Agent, including the reasons therefor. Within fifteen (15) days after receipt by Borrower of such written notice, the County staff and Borrower shall meet in good faith to consider methods for improving the financial and operating status of the Development, including, without limitation, replacement of the Management Agent. If, after such meeting, County staff recommends in writing the replacement of the Management Agent, Borrower shall promptly dismiss the then-current Management Agent, and shall appoint as the Management Agent a person or entity meeting the standards for a management agent set forth in Section 5.2 above and approved by the County pursuant to Section 5.2 above. Any contract for the operation or management of the Development entered into by Borrower shall provide that the Management Agent may be dismissed and the contract terminated as set forth above. Failure to remove the Management Agent in accordance with the provisions of this Section constitutes a default under this HOME/HOPWA Regulatory July 12, 2016 Contra Costa County Board of Supervisors 1189 25 863\100\1886123.3 Agreement, and the County may enforce this provision through legal proceedings as specified in Section 6.4 below. 5.5 Approval of Management Policies. Borrower shall submit its written management policies with respect to the Development to the County for its review, and shall amend such policies in any way necessary to ensure that such policies comply with the provisions of this HOME/HOPWA Regulatory Agreement. 5.6 Property Maintenance. (a) Borrower shall maintain, for the entire HOME Term of this HOME/HOPWA Regulatory Agreement, all interior and exterior Improvements, including landscaping in decent, safe and sanitary condition, and in good condition and repair, in accordance with (i) 24 C.F.R. Section 92.251, and (ii) the maintenance standards provided by the County (the "Maintenance Standards"). The Maintenance Standards, which set forth inspectable items and areas, and this HOME/HOPWA Regulatory Agreement, implement 24 C.F.R. Section 92.251. Borrower shall cause the Development to be: (i) maintained in accordance with all applicable laws, rules, ordinances, orders and regulations of all federal, state, county, municipal, and other governmental agencies and bodies having or claiming jurisdiction and all their respective departments, bureaus, and officials, including but not limited to the lead-based paint requirements in 24 C.F.R. part 35; and (ii) free of all health and safety defects. Borrower shall correct any life-threatening maintenance deficiencies, including those set forth in the Maintenance Standards immediately upon notification. (b) At the beginning of each year of the HOME Term, Borrower shall certify to the County that the Development is in compliance with the Maintenance Standards. 5.7 Property Inspections. (a) On-Site Physical Inspections. The County will perform on-site inspections of the Development during the HOME Term to ensure compliance with the Maintenance Standards. The County will perform an on-site inspection within twelve months after completion of construction of the Development and at least once every three (3) years during the HOME Term. If the Development is found to have health and safety violations, the County may perform more frequent inspections. Borrower shall cooperate in such inspections. (b) Violation of Maintenance Standards. If after an inspection, the County determines that Borrower is in violation of the Maintenance Standards, the County will provide Borrower a written report of the violations. Borrower shall correct the violations set forth in the report provided to Borrower by County. The County will perform a follow-up inspection to verify that the violations have been corrected. If such violations continue for a period of ten (10) days after delivery of the report to Borrower by the County with respect to graffiti, debris, waste material, and general maintenance, or thirty (30) days after delivery of the report to Borrower by the County with respect to landscaping and building improvements, then the County, in addition to whatever other remedy it may have at law or in equity, has the right to enter upon the Property and perform or cause to be performed all such acts and work necessary to cure the violation. Pursuant to such right of entry, the County is permitted (but is not July 12, 2016 Contra Costa County Board of Supervisors 1190 26 863\100\1886123.3 required) to enter upon the Property and to perform all acts and work necessary to protect, maintain, and preserve the improvements and landscaped areas on the Property, and to attach a lien on the Property, or to assess the Property, in the amount of the expenditures arising from such acts and work of protection, maintenance, and preservation by the County and/or costs of such cure, which amount Borrower shall promptly pay to the County upon demand. ARTICLE 6 MISCELLANEOUS 6.1 Nondiscrimination. (a) All of the Units must be available for occupancy on a continuous basis to members of the general public who are income eligible. Borrower may not give preference to any particular class or group of persons in renting or selling the Units, except to the extent that the Units are required to be leased to income eligible households and to HOPWA-Eligible Households pursuant to this HOME/HOPWA Regulatory Agreement. Borrower herein covenants by and for Borrower, assigns, and all persons claiming under or through Borrower, that there exist no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, sexual orientation, marital status, national origin, source of income (e.g., SSI), ancestry, or disability, in the leasing, subleasing, transferring, use, occupancy, tenure, or enjoyment of any unit nor will Borrower or any person claiming under or through Borrower, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy, of tenants, lessees, sublessees, subtenants, or vendees of any unit or in connection with the employment of persons for the construction, operation and management of any unit. (b) Borrower shall accept as Tenants, on the same basis as all other prospective Tenants, persons who are recipients of federal certificates for rent subsidies pursuant to the existing housing program under Section 8 of the United States Housing Act, or its successor. Borrower may not apply selection criteria to Section 8 certificate or voucher holders that is more burdensome than criteria applied to all other prospective Tenants, nor will Borrower apply or permit the application of management policies or lease provisions with respect to the Development which have the effect of precluding occupancy of units by such prospective Tenants. 6.2 Application of Provisions. The provisions of this HOME/HOPWA Regulatory Agreement apply to the Property for the entire HOME Term even if the Loan is paid in full prior to the end of the HOME Term. This HOME/HOPWA Regulatory Agreement binds any successor, heir or assign of Borrower, whether a change in interest occurs voluntarily or involuntarily, by operation of law or otherwise, except as expressly released by the County. The County is making the Loan on the condition, and in consideration of, this provision, and would not do so otherwise. 6.3 Covenants to Run With the Land. The County and Borrower hereby declare their express intent that the covenants and restrictions set forth in this HOME/HOPWA Regulatory July 12, 2016 Contra Costa County Board of Supervisors 1191 27 863\100\1886123.3 Agreement run with the land, and bind all successors in title to the Property, provided, however, that on the expiration of the HOME Term said covenants and restrictions expire. Each and every contract, deed or other instrument hereafter executed covering or conveying the Property or any portion thereof, is to be held conclusively to have been executed, delivered and accepted subject to the covenants and restrictions, regardless of whether such covenants or restrictions are set forth in such contract, deed or other instrument, unless the County expressly releases such conveyed portion of the Property from the requirements of this HOME/HOPWA Regulatory Agreement. 6.4 Enforcement by the County. If Borrower fails to perform any obligation under this HOME/HOPWA Regulatory Agreement, and fails to cure the default within thirty (30) days after the County has notified Borrower in writing of the default or, if the default cannot be cured within thirty (30) days, fails to commence to cure within thirty (30) days and thereafter diligently pursue such cure and complete such cure within sixty (60) days, the County may enforce this HOME/HOPWA Regulatory Agreement by any or all of the following actions, or any other remedy provided by law: (a) Calling the Loan. The County may declare a default under the Note, accelerate the indebtedness evidenced by the Note, and proceed with foreclosure under the Deed of Trust. (b) Action to Compel Performance or for Damages. The County may bring an action at law or in equity to compel Borrower's performance of its obligations under this HOME/HOPWA Regulatory Agreement, and may seek damages. (c) Remedies Provided Under Loan Documents. The County may exercise any other remedy provided under the Loan Documents. The County shall provide notice of a default to Borrower's limited partner in the manner set forth in Section 6.5 of the Loan Agreement. 6.5 Anti-Lobbying Certification. (a) Borrower certifies, to the best of Borrower's knowledge or belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, grant, loan, or July 12, 2016 Contra Costa County Board of Supervisors 1192 28 863\100\1886123.3 cooperative agreement, it will complete and submit Standard Form-LLL, Disclosure Form to Report Lobbying, in accordance with its instructions. (b) This certification is a material representation of fact upon which reliance was placed when the Loan Documents were made or entered into. Submission of this certification is a prerequisite for making or entering into the Loan Documents imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than Ten Thousand Dollars ($10,000) and no more than One Hundred Thousand Dollars ($100,000) for such failure. 6.6 Attorneys' Fees and Costs. In any action brought to enforce this HOME/HOPWA Regulatory Agreement, the prevailing party must be entitled to all costs and expenses of suit, including reasonable attorneys' fees. This section must be interpreted in accordance with California Civil Code Section 1717 and judicial decisions interpreting that statute. 6.7 Recording and Filing. The County and Borrower shall cause this HOME/HOPWA Regulatory Agreement, and all amendments and supplements to it, to be recorded in the Official Records of the County of Contra Costa. 6.8 Governing Law. This HOME/HOPWA Regulatory Agreement is governed by the laws of the State of California. 6.9 Waiver of Requirements. Any of the requirements of this HOME/HOPWA Regulatory Agreement may be expressly waived by the County in writing, but no waiver by the County of any requirement of this HOME/HOPWA Regulatory Agreement extends to or affects any other provision of this HOME/HOPWA Regulatory Agreement, and may not be deemed to do so. 6.10 Amendments. This HOME/HOPWA Regulatory Agreement may be amended only by a written instrument executed by all the parties hereto or their successors in title that is duly recorded in the official records of the County of Contra Costa. 6.11 Notices. Any notice requirement set forth herein will be deemed to be satisfied three (3) days after mailing of the notice first-class United States certified mail, postage prepaid, addressed to the appropriate party as follows: County: County of Contra Costa Department of Conservation and Development 30 Muir Road Martinez, CA 94553 Attn: Affordable Housing Program Manager Borrower: Riviera Family Apartments, L.P. c/o RCD GP, LLC 2220 Oxford Street Berkeley, CA 94720 Attention: Executive Director July 12, 2016 Contra Costa County Board of Supervisors 1193 29 863\100\1886123.3 Investor Limited Partner: Wells Fargo Affordable Housing Community Development Corporation MAC D1053-170 301 South College Street Charlotte, NC 28288 Attention: Director of Tax Credit Asset Management Such addresses may be changed by notice to the other party given in the same manner as provided above. 6.12 Severability. If any provision of this HOME/HOPWA Regulatory Agreement is determined by a court of competent jurisdiction to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining portions of this HOME/HOPWA Regulatory Agreement will not in any way be affected or impaired thereby. 6.13 Multiple Originals; Counterparts. This HOME/HOPWA Regulatory Agreement may be executed in multiple originals, each of which is deemed to be an original, and may be signed in counterparts. 6.14 Revival of Agreement after Foreclosure. In the event there is a foreclosure of the Property, this HOME/HOPWA Regulatory Agreement will revive according to its original terms if, during the HOME Term, the owner of record before the foreclosure, or deed in lieu of foreclosure, or any entity that includes the former owner or those with whom the former owner has or had family or business ties, obtains an ownership interest in the Development or Property. 6.15 County Regulatory Agreement. The County and Borrower are entering into this HOME/HOPWA Regulatory Agreement concurrently with the County Regulatory Agreement. The County Regulatory Agreement as it applies to the HOME/HOPWA Assisted Units will be in effect for fifty-five (55) years from the Completion Date which term overlaps with but is longer than the HOME Term. Compliance with the terms of this HOME/HOPWA Regulatory Agreement will be deemed compliance with the County Regulatory Agreement during the HOME Term. In the event of a conflict between this HOME/HOPWA Regulatory Agreement and the County Regulatory Agreement during the HOME Term, the terms of this HOME/HOPWA Regulatory Agreement will prevail. [remainder of page intentionally left blank] July 12, 2016 Contra Costa County Board of Supervisors 1194 30 Signature page County Regulatory Agreement 863\100\1886123.3 WHEREAS, this HOME/HOPWA Regulatory Agreement has been entered into by the undersigned as of the date first written above. COUNTY: COUNTY OF CONTRA COSTA, a political subdivision of the State of California By: __________________ Its:____________________ Approved as to form: SHARON L. ANDERSON County Counsel By: Kathleen Andrus Deputy County Counsel BORROWER: Riviera Family Apartments, L.P., a California limited partnership By: RCD GP LLC, a California limited liability company, its general partner By: Resources for Community Development, a California nonprofit public benefit corporation, its sole member/manager By:_______________________ Daniel Sawislak, Executive Director July 12, 2016 Contra Costa County Board of Supervisors 1195 863\100\1886123.3 STATE OF CALIFORNIA ) ) COUNTY OF __________________ ) On ____________________, before me, ___________________________, Notary Public, personally appeared ______________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify UNDER PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ______________________________________ Name: ______________________________ Notary Public A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. July 12, 2016 Contra Costa County Board of Supervisors 1196 863\100\1886123.3 STATE OF CALIFORNIA ) ) COUNTY OF __________________ ) On ____________________, before me, ___________________________, Notary Public, personally appeared ______________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify UNDER PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ______________________________________ Name: ______________________________ Notary Public A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. July 12, 2016 Contra Costa County Board of Supervisors 1197 A-1 863\100\1886123.3 EXHIBIT A Legal Description The land is situated in the State of California, County of Contra Costa, and is described as follows: July 12, 2016 Contra Costa County Board of Supervisors 1198 RECOMMENDATION(S): ACCEPT the report prepared by the Office of the Sheriff in accordance with Penal Code Section 4025(e) representing an accounting of all Inmate Welfare Fund receipts and disbursements for Fiscal Year 2014/2015. FISCAL IMPACT: None. This is an informational report. BACKGROUND: Penal Code Section 4025(e) states that money and property deposited in the Inmate Welfare Fund shall be expended by the Office of the Sheriff-Coroner primarily for the benefit, education, and welfare of the inmates confined within the jail. Any funds that are not needed for the welfare of inmates may be expended for the maintenance of county jail facilities. Maintenance of county jail facilities may include, but is not limited to, the salary and benefits of personnel used in the programs to benefit the inmates, including but not limited to education, drug and alcohol treatment, welfare, library, accounting, and other programs deemed appropriate by the Sheriff. An itemized report of these expenditures shall be APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/12/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I 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 12, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Liz Arbuckle, Heike Anderson, Tim Ewell C.114 To:Board of Supervisors From:David O. Livingston, Office of the Sheriff Date:July 12, 2016 Contra Costa County Subject:Accept the Fiscal Year 2014-2015 Inmate Welfare Fund Expenditure Report July 12, 2016 Contra Costa County Board of Supervisors 1199 BACKGROUND: (CONT'D) submitted annually to the Board of Supervisors. This fund received the majority of its revenues from inmate telephone commissions and commissary sales. The Director of Inmate Services, working with the public members of the Inmate Welfare Committee, manages the delivery of professional services, establishes an annual budget and oversees expenditures for the Sheriff. The Inmate Welfare Fund continues to provide valuable professional, educational, and recreational services to persons in custody at the Martinez Detention Facility, West County Detention Facility, and the Marsh Creek Detention Facility. CONSEQUENCE OF NEGATIVE ACTION: The County will be out of compliance with Penal Code section 4025(e). CHILDREN'S IMPACT STATEMENT: No impact. ATTACHMENTS FY 2014/15 Inmate Welfare Fund Annual Report July 12, 2016 Contra Costa County Board of Supervisors 1200 Inmate Welfare Fund Statement of Receipts, Disbursements, and Fund Balance Fiscal Year Ended June 30, 2015 Receipts: GTL Telephone Commissions $672,473 Canteen Commissions 698,888 WCDF Inmate Industries 61,288 MCDF Frame Shop 3,260 Investment Interest 1,027 Miscellaneous 4,545 Total Receipts $1,441,481 Disbursements: Entertainment Purchase of TV’s/VCR’s/DVD’s/Accessories Public Performance License & Movie Rental $ 6,300 Inmate Work Crew Refreshments/Treats 13,929 Sub-Total $ 20,229 Recreation Table/Board Games/Sports Equipment $ 3,571 Satellite TV Service 23,760 Sub-Total $ 27,331 Education and Welfare Bay Area Chaplains Contractual Services $129,327 Office of Education Contractual Services 345,404 Library Program 213,838 Inmate Legal Services 41,171 MCDF Landscape Program 36,566 WCDF Inmate Industries 148,883 BART and Bus Tickets 60,686 WCDF Frame Shop Program 27,006 Sub-Total $1,002,881 July 12, 2016 Contra Costa County Board of Supervisors 1201 Personal Care/Hygiene Hair Clippers, Curling Irons, Hair Dryers, Electric Razors, etc. $ 9,981 Furniture, Electronic, etc. _ 44 Sub-Total $ 10,025 Other Staff Salaries/Benefits $245,590 Staff Travel Expenses 399 Communication 1,477 Office Supplies 713 Office Equipment 1,214 Specialized Services & Supplies 35,765 Sub-Total $ 285,158 Total Disbursements $1,345,624 Receipts less Disbursements $ 95,857 Cash Reserved for Operating Expenses $1,513,553 Total $1,609,410 July 12, 2016 Contra Costa County Board of Supervisors 1202 RECOMMENDATION(S): In the matter of making a loan of $500,000 in HOME Investment Partnerships Act and $1,000,000 in Housing Opportunity for Persons with HIV/AIDS funds to VL, L.P., a California limited partnership, to acquire and rehabilitate the Virginia Lane Apartments in Concord: 1. FIND that this project is categorically exempt per Section 15301 of the California Environmental Quality Act (CEQA); 2. APPROVE and AUTHORIZE the Conservation and Development Director, or designee, to execute legal documents to effect the loan; 3. DIRECT the Director of Conservation and Development to file a Notice of Exemption for the Virginia Lane Apartment project with the County Clerk; and 4. DIRECT the Director of Conservation and Development, or designee, to arrange for payment of the $50 handling fee to the County Clerk for filing such Notice of Exemption. FISCAL IMPACT: No General Fund impact. HOME Investment Partnerships Act funds are provided to the County on a formula allocation basis through the U.S. Department of Housing and Urban Development (HUD). CFDA #14.239. Housing Opportunities for Persons with HIV/AIDs funds are provided to the County on a formula allocation basis through the City of Oakland CFDA# 14.241. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/12/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I Supervisor Contact: Kara Douglas 925 674-7880 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 12, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C.115 To:Board of Supervisors From:John Kopchik, Director, Conservation & Development Department Date:July 12, 2016 Contra Costa County Subject:Approval of HOME and HOPWA Legal Documents for the Virginia Lane Apartment Project in Concord July 12, 2016 Contra Costa County Board of Supervisors 1203 BACKGROUND: In 1999, the County loaned $290,000 in HOME Investment Partnerships Act (HOME) funds to Eden Housing to acquire and rehabilitate the Maplewood and Golden Glen apartments located at 1121 and 1140 Virginia Lane in Concord. The development is now known as Virginia Lane Apartments. On December 8, 2015, the Board of Supervisors allocated $1,000,000 in Housing Opportunities for Persons with HIV/AIDs (HOPWA) funds, and on March 1, 2016, the Board of Supervisors allocated $500,000 in additional HOME funds to Eden Housing Inc. for the rehabilitation of Virginia Lane Apartments. The apartments located at 1121 Virginia Lane were built in 1970, and those located at 1140 Virginia Lane were built in 1964. The additional HOME and HOPWA funds are needed to assist in correcting significant deterioration of exterior and interior building components. The rehabilitation will include partial or full reskinning of the buildings, seismic reinforcement, correction of drainage and sewage problems, and path of travel and unit accessibility improvements. HOME and HOPWA funds will be used for soft costs, including pre-development, closing costs, permits and fees. The development consists of 91 apartments, which are affordable to families earning less than 60 percent of the area median income. A new limited partnership, VL, L.P. will purchase Virginia Lane Apartments. The general partner of VL, L.P. is VL LLC with Eden Development Inc. as the sole member. The limited partner will be the tax credit equity investor. In addition to the HOME and HOPWA loans, the project will be funded with low income housing tax credits and tax-exempt bond financing. The County is the issuer for the tax-exempt bonds. The City of Concord has an existing $3.4 million loan, which will be assigned to the new owner. The City will also make an additional loan of $1.3 million. The new funds will be used to payoff an existing mortgage and to rehabilitate the property. The HOME loan from 1999 will be modified. The accrued interest as of the date of the loan modification will be added to the original principal for a new loan principal of approximately $438,000. The interest rate will be the applicable federal rate, which is 2.24 percent as of June 2016. The new HOME funds will be provided in the form of a 20-year, residual receipt loan with a three percent interest rate. HOPWA funds will be provided as a 10-year fully deferred loan with no interest. The County will have an additional regulatory agreement to ensure that the 4 HOME, 10 HOPWA and 20 County-assisted units remain affordable following the expiration of the HOME and HOPWA affordability terms. The total term of affordability for the County-assisted units is 55 years. Affordability and use restrictions are incorporated into the County loan documents. The County legal documents are attached and include a modification agreement and promissory note for the existing HOME funds, a new promissory note for the new HOME/HOPWA loan, a loan agreement, a deed of trust and security agreement, a regulatory agreement, and an intercreditor agreement. There may be some annual loan payments if the project has surplus cash flow. Otherwise, the loan is deferred for 55 years. The loan documents are attached in their substantially final form and will be executed in a form approved by County Counsel. The County will also be requested to subordinate to the bank loan and may be requested to sign estoppel agreements. Through this action, the DCD Director is authorized to execute subordination agreements that are consistent with the subordination terms included in the Loan Agreement. HOPWA funds are provided to the County through the City of Oakland. Pursuant to an agreement with the City of Oakland, the County must expend the HOPWA funds by July 15, 2016. The HOME and HOPWA legal documents are scheduled to be executed on July 13, 2015 and recorded on July 15, 2016 along with legal documents from the other lenders as part of the “Construction Close”. If the Construction Close is delayed, the HOME and HOPWA documents will still be executed, but will not be recorded until the Construction Close. HOPWA funds will be used to reimburse Eden Development Inc for predevelopment costs prior to the Construction Close and Eden Development Inc will guarantee the unsecured HOPWA funds. If the Construction Close does not occur by September 15, 2016, HOPWA funds will be repaid to the County. National Environmental Policy Act (NEPA): HOME and HOPWA projects are subject to NEPA and 24 CFR Part 58 review. The NEPA review for this project has been completed and the developer must remediate lead-based paint and asbestos. This project is categorically exempt from CEQA pursuant to Section 15301; it is repair of an existing facility. July 12, 2016 Contra Costa County Board of Supervisors 1204 Due to the high construction costs and limited revenue from the restricted rents, the total amount of the financing provided to the project will likely exceed the value of the completed project. Even though the proposed equity investment from low income housing tax credits is substantial compared to the amount of long term debt, the partnership agreement will have numerous safe guards of the investor's equity. These safe guards essentially subordinate the County’s debt to the investor’s equity. Therefore, the County funds may not be fully secured through the value of the property. CONSEQUENCE OF NEGATIVE ACTION: Without the approval and execution of the HOME and HOPWA legal documents, the acquisition and rehabilitation will not be done, and the property will continue to suffer from deferred maintenance. VL L.P. must close on the HOME and HOPWA funds by July 15, 2016, or the HOME and HOPWA funds may be recaptured by HUD. CHILDREN'S IMPACT STATEMENT: The Virginia Lane Apartment project supports indicator number 3: Families are Economically Self-Sufficient. ATTACHMENTS Virginia Lane HOPWA Loan Agreement Virginia Lane HOPWA Promissory Note Virginia Lane Regulatory Agreement Virginia Lane HOME HOPWA Deed of Trust Virginia Lane Intercreditor Agreement Virginia Lane Assignment Agreement Virginia Lane HOME Loan Promissory Note Virginia Lane HOME HOPWA Regulatory Agreement Virginia Lane HOME HOPWA Loan Agreement July 12, 2016 Contra Costa County Board of Supervisors 1205 1 863\99\1888761.5 HOME AND HOPWA LOAN AGREEMENT Virginia Lane Apartments This HOME and HOPWA Loan Agreement (the "Agreement") is dated July 15, 2016, and is between the County of Contra Costa, a political subdivision of the State of California (the "County"), and VL, L.P., a California limited partnership ("Borrower"). RECITALS A. Defined terms used but not defined in these recitals are as defined in Article 1 of this Agreement. B. The County has received Home Investment Partnerships Act funds from the United States Department of Housing and Urban Development ("HUD") pursuant to the Cranston-Gonzales National Housing Act of 1990 ("HOME Funds"). The HOME Funds must be used by the County in accordance with 24 C.F.R. Part 92 (the "HOME Regulations"). C. The County has received Housing Opportunities for Persons with AIDS Program funds from HUD pursuant to the HOPWA Program ("HOPWA Funds"). The HOPWA Funds are available to and administered by the County, as a subrecipient of the City of Oakland, which is the representative for the Alameda-Contra Costa County Eligible Metropolitan Area. The HOPWA Funds must be used by the County in accordance with 24 C.F.R. Section 574 et seq. D. Borrower is acquiring from Virginia Lane Limited Partnership, a California limited partnership (the "Seller") that certain real property located at 1121 Virginia Lane and 1140 Virginia Lane in the City of Concord, County of Contra Costa, State of California, as more particularly described in Exhibit A (collectively, the "Property"). Borrower intends to rehabilitate the ninety-one (91) multifamily housing units located on the Property that are available for rental to extremely low, very low and low income households, and that include two (2) manager's units (the "Development"). The Development, as well as all landscaping, roads and parking spaces on the Property and any additional improvements on the Property, are the "Improvements". E. The County previously made a loan to the Seller in the principal amount of Two Hundred Ninety Thousand Dollars ($290,000) of HOME Funds (the "Original HOME Loan"). Pursuant to a Modification Agreement dated July 13, 2016 between the County and the Seller (the "Modification Agreement") the accrued interest on the Original HOME Loan has been capitalized into the principal balance of the Original HOME Loan such that the adjusted principal balance of the Original HOME Loan is Four Hundred Thirty-Eight Thousand Nine Hundred Forty-Nine Dollars ($438,949) (the "Adjusted Original HOME Loan"). Pursuant to an Omnibus Assignment, Assumption, and Consent Agreement of even date herewith among the County, the Seller, and Borrower (the "Assignment Agreement"), the Adjusted Original HOME Loan has been assigned to and assumed by Borrower. F. Borrower desires to supplement the Adjusted Original HOME Loan by borrowing from the County an additional Five Hundred Thousand Dollars ($500,000) of HOME Funds (the "New HOME Loan"), and One Million Dollars ($1,000,000) of HOPWA Funds (the "HOPWA July 12, 2016 Contra Costa County Board of Supervisors 1206 2 863\99\1888761.5 Loan") for a total new loan amount of One Million Five Hundred Thousand Dollars ($1,500,000) (the "New Loan"). The sum of the New Loan and the Adjusted Original HOME Loan is One Million Nine Hundred Thirty-Eight Thousand Nine Hundred Forty-Nine Dollars ($1,938,949) (the "Combined County Loan"). The HOME Funds being used for the New HOME Loan are funds which are set aside for entities that are designated as a Community Housing Development Organization ("CHDO") as defined in 24 C.F.R. 92.2. G. The Combined County Loan is evidenced by the Notes, the Regulatory Agreements, and the Intercreditor Agreement, and is secured by the Deed of Trust. H. The New Loan is being made to finance predevelopment and rehabilitation costs of the Development. Rehabilitation of the Development is intended to maintain the supply of affordable rental housing in Contra Costa County. Due to the assistance provided Borrower through the Combined County Loan, the County is designating four (4) units as HOME assisted units (the "HOME-Assisted Units"), and twenty (20) units as locally assisted units (the "Locally- Assisted Units"), ten (10) units of which are also HOPWA assisted units (the "HOPWA-Assisted Units"), for a total of twenty-four (24) assisted units (the "County Assisted Units"). I. The City has prepared a mitigated negative declaration pursuant to the California Environmental Quality Act (Public Resources Code Sections 21000 et seq.) ("CEQA"). J. In accordance with the National Environmental Policy Act of 1969, as amended (42 U.S.C. 4321-4347) ("NEPA"), the County has completed and approved all applicable environmental review for the activities proposed to be undertaken under this Agreement. The parties therefore agree as follows: AGREEMENT ARTICLE 1 DEFINITIONS AND EXHIBITS Section 1.1 Definitions. The following terms have the following meanings: (a) "Adjusted Bank Subordinate Loan" means, to the extent less than the full amount of the Bank Subordinate Loan is funded, an amount equal the actual principal amount loaned to Borrower by the Bank pursuant to the documents between Borrower and the Bank evidencing the Bank Subordinate Loan. If the full amount of the Bank Subordinate Loan is funded, the Adjusted Bank Subordinate Loan is equal to the Bank Subordinate Loan. (b) "Adjusted HOPWA Loan" means, to the extent less than the full amount of the HOPWA Loan is funded, an amount equal the actual principal amount loaned to Borrower by the County pursuant to this Agreement. If the full amount of the HOPWA Loan is funded, the Adjusted HOPWA Loan is equal to the HOPWA Loan. (c) "Adjusted MHP Loan" means, to the extent less than the full July 12, 2016 Contra Costa County Board of Supervisors 1207 3 863\99\1888761.5 amount of the MHP Loan is funded, an amount equal to the actual principal amount loaned to Borrower by HCD pursuant to the documents between Borrower and HCD evidencing the MHP Loan. If the full amount of the MHP Loan is funded, the Adjusted MHP Loan is equal to the MHP Loan. (d) "Adjusted New City Loan" means, to the extent less than the full amount of the New City Loan is funded, an amount equal the actual principal amount loaned to Borrower by the City pursuant to the documents between Borrower and the City evidencing the Combined City Loan, minus any Special City Loan Payment. If the full amount of the New City Loan is funded and no portion is repaid as a Special City Loan Payment, the Adjusted New City Loan is equal to the New City Loan. (e) "Adjusted New HOME Loan" means, to the extent less than the full amount of the New HOME Loan is funded, an amount equal the actual principal amount loaned to Borrower by the County pursuant to this Agreement, minus any Special County Loan Payment. If the full amount of the New HOME Loan is funded and no portion is repaid as a Special County Loan Payment, the Adjusted New HOME Loan is equal to the New HOME Loan. (f) "Adjusted Original HOME Loan" has the meaning set forth in Paragraph E of the Recitals. (g) "Adjusted Original HOME Loan Note" means the promissory note of even date herewith that evidences Borrower's obligation to repay the Adjusted Original HOME Loan. (h) "Agreement" means this HOME and HOPWA Loan Agreement. (i) "Annual Operating Expenses" means for each calendar year, the following costs reasonably and actually incurred for operation and maintenance of the Development: (i) property taxes and assessments imposed on the Development; (ii) debt service currently due on a non-optional basis (excluding debt service due from residual receipts or surplus cash of the Development) on the Bank Loan; (iii) on-site service provider fees for tenant social services, provided the County has approved, in writing, the plan and budget for such services before such services begin; (iv) fees paid to the Government Lender with respect to the Government Lender Note; (v) payment to HCD of a portion of the accrue interest on the MHP Loan pursuant to California Code of Regulations, Title 25, Section 7308; July 12, 2016 Contra Costa County Board of Supervisors 1208 4 863\99\1888761.5 (vi) property management fees and reimbursements, on–site property management office expenses, and salaries of property management and maintenance personnel, not to exceed amounts that are standard in the industry and which are pursuant to a management contract approved by the County; (vii) the Partnership/Asset Fee; (viii) fees for accounting, audit, and legal services incurred by Borrower's general partner in the asset management of the Development, not to exceed amounts that are standard in the industry, to the extent such fees are not included in the Partnership/Asset Fee; (ix) premiums for insurance required for the Improvements to satisfy the requirements of any lender of Approved Financing; (x) utility services not paid for directly by tenants, including water, sewer, and trash collection; (xi) maintenance and repair expenses and services; (xii) any annual license or certificate of occupancy fees required for operation of the Development; (xiii) security services; (xiv) advertising and marketing; (xv) cash deposited into the Replacement Reserve Account in the amount set forth in Section 4.2(a); (xvi) cash deposited into the Operating Reserve Account to maintain the amount set forth in Section 4.2(b) (excluding amounts deposited to initially capitalize the account); (xvii) payment of any previously unpaid portion of Developer Fee (without interest), not to exceed the amount set forth in Section 3.17; (xviii) extraordinary operating costs specifically approved in writing by the County; (xix) payments of deductibles in connection with casualty insurance claims not normally paid from reserves, the amount of uninsured losses actually replaced, repaired or restored, and not normally paid from reserves, and other ordinary and reasonable operating expenses approved in writing by the County and not listed above. Annual Operating Expenses do not include the following: depreciation, amortization, depletion or other non-cash expenses, initial deposits to capitalize a reserve July 12, 2016 Contra Costa County Board of Supervisors 1209 5 863\99\1888761.5 account, any amount expended from a reserve account, and any capital cost associated with the Development. (j) "Annual Payment" has the meaning in Section 2.8(a). (k) "Approved Development Budget" means the proforma development budget, including sources and uses of funds, as approved by the County, and attached hereto and incorporated herein as Exhibit B. (l) "Approved Financing" means all of the following loans, grants and equity obtained by Borrower and approved by the County for the purpose of financing the acquisition of the Property and rehabilitation of the Development: (i) the Combined City Loan; (ii) County of Contra Costa Multifamily Housing Revenue Note Series 2016B issued by the County of Contra Costa (the "Government Lender") in the approximate amount of Fifteen Million Nine Hundred Eighty-Eight Thousand Dollars ($15,988,000) (the "Government Lender Note"), the proceeds of which are loaned to Borrower by the Government Lender pursuant to a funding loan to the Government Lender by the Bank (the "Bank Loan") which will convert to a permanent loan in the approximate amount of Two Million One Hundred Twenty-Two Thousand Dollars ($2,122,000) (the "Permanent Loan"); (iii) loan of Multifamily Housing Program ("MHP") funds from the California Department of Housing and Community Development ("HCD") in the approximate amount of One Million Three Hundred Seventy-Four Thousand Two Hundred Sixty-Nine Dollars ($1,374,269) (the "MHP Loan"); (iv) loan from the Seller in the approximate amount of One Million Two Hundred Seventy-Six Thousand Two Hundred Fourteen Dollars ($1,276,214) (the "Seller Loan"); (v) a permanent loan from Eden in the approximate amount of Two Million Three Hundred Twenty-Nine Thousand Dollars ($2,329,000) (the "Eden Loan"); (vi) a loan from Eden of Neighbor Works Urban Uplift Grant Funds in the approximate amount of One Hundred Twenty-Five Thousand Dollars ($125,000) (the "Neighbor Works Loan"); (vii) a subordinate loan from the Bank in the approximate amount of Nine Hundred Ten Thousand Dollars ($910,000) (the "Bank Subordinate Loan"); (viii) the Low Income Housing Tax Credit investor equity funds in the approximate amount of Fourteen Million Five Hundred One Thousand Forty-Nine Dollars ($14,501,049) (the "Tax Credit Investor Equity") provided by the Investor Limited Partner; and July 12, 2016 Contra Costa County Board of Supervisors 1210 6 863\99\1888761.5 (ix) the capital contribution from Borrower's general partner in the approximate amount of Zero Dollars ($0) (the "GP Capital Contribution"). (m) "Assignment Agreement" has the meaning set forth in Paragraph E of the Recitals. (n) "Available Net Proceeds" means the result obtained by multiplying the Net Proceeds of Permanent Financing by 0.75. (o) "Bank" means Citibank, N.A.. (p) "Bank Loan" has the meaning set forth in Section 1.1(l)(ii). (q) "Bank Subordinate Loan" has the meaning set forth in Section 1.1(l)(vi). (r) "Bid Package" means the package of documents Borrower's general contractor is required to distribute to potential bidders as part of the process of selecting subcontractors for the Development. The Bid Package is to include the following: (i) an invitation to bid; (ii) copy of the proposed construction contract; (iii) a form of bid guarantee that is reasonably acceptable to the County that guarantees, at a minimum, an amount equal to five percent (5%) of the bid price; and (iv) all Construction Plans. (s) "Borrower" has the meaning set forth in the first paragraph of this Agreement. (t) "Borrower's Shared Portion of Residual Receipts" means twenty- five percent (25%) of Residual Receipts. (u) "CEQA" has the meaning set forth in Paragraph I of the Recitals. (v) "CHDO" has the meaning set forth in Paragraph F of the Recitals. (w) "City" means the City of Concord, California, a municipal corporation. (x) "Combined City Loan" means the Original City Loan plus the New City Loan. (y) "Combined County Loan" has the meaning set forth in Paragraph F of the Recitals. (z) "Commencement of Construction" has the meaning set forth in Section 3.5. (aa) "Completion Date" means the date a final certificate of occupancy, or equivalent document is issued by the City to certify that the Development may be legally occupied. July 12, 2016 Contra Costa County Board of Supervisors 1211 7 863\99\1888761.5 (bb) "Construction Plans" means all construction documentation upon which Borrower and Borrower's general contractor rely in rehabilitating all the Improvements on the Property (including the units in the Development, landscaping, parking, and common areas) and includes, but is not limited to, final architectural drawings, landscaping plans and specifications, final elevations, building plans and specifications (also known as "working drawings"). (cc) "County" has the meaning set forth in the first paragraph of this Agreement. (dd) "County Additional Prorata Share" means the result obtained by dividing (1) the sum of the Original HOME Loan, the Adjusted New HOME Loan and the Adjusted HOPWA Loan, by (2) the sum of the Original HOME Loan, the Adjusted New HOME Loan, the Adjusted HOPWA Loan, the Adjusted New City Loan, the Original City Loan, and the Adjusted Bank Subordinate Loan. (ee) "County Assisted Units" has the meaning set forth in Paragraph H of the Recitals. (ff) "County Loan Prorata Percentage" means the result, expressed as a percentage, obtained by dividing (1) the sum of the Original HOME Loan, the Adjusted HOME Loan and the Adjusted HOPWA Loan, by (2) the sum of the Original HOME Loan, the Adjusted New HOME Loan, the Adjusted HOPWA Loan, the Adjusted New City Loan the Original City Loan, and the Adjusted MHP Loan. (gg) "County Regulatory Agreement" means the Regulatory Agreement and Declaration of Restrictive Covenants of even date herewith, between the County and Borrower evidencing County requirements applicable to the County Assisted Units, to be recorded against the Property. (hh) "Deed of Trust" means the Deed of Trust with Assignment of Rents, Security Agreement, and Fixture Filing of even date herewith among Borrower, as Trustor, North American Title Company, as trustee, and the County, as beneficiary, that will encumber the Property to secure repayment of the Loan and performance of the covenants of the Loan Documents. (ii) "Default Rate" means the lesser of the maximum rate permitted by law and ten percent (10%) per annum. (jj) "Developer Fee" has the meaning set forth in Section 3.17. (kk) "Development" has the meaning set forth in Paragraph D of the Recitals. (ll) "Eden" means Eden Housing, Inc., a California nonprofit public benefit corporation. (mm) "Eden Loan" has the meaning set forth in Section 1.1(l)(v). July 12, 2016 Contra Costa County Board of Supervisors 1212 8 863\99\1888761.5 (nn) "Eligible Household" means a household qualified to occupy a HOME-Assisted Unit pursuant to the HOME/HOPWA Regulatory Agreement. (oo) "Event of Default" has the meaning set forth in Section 6.1. (pp) "Fifteen Year Compliance Period" means the fifteen (15) year compliance period as described in Section 42(i)(1) of the Internal Revenue Code of 1986, as amended. (qq) "Final Cost Certification" has the meaning set forth in Section 4.3. (rr) "Final Development Cost" means the total of the cost of acquisition and rehabilitation of the Development as shown on the Final Cost Certification. (ss) Government Lender" has the meaning set forth in Section 1.1(l)(i). (tt) "Government Lender Note" has the meaning set forth in Section 1.1(l)(i). (uu) "GP Capital Contribution" has the meaning set forth in Section 1.1(l)(ix). (vv) "Gross Revenue" means for each calendar year, all revenue, income, receipts, and other consideration actually received from the operation and leasing of the Development. Gross Revenue includes, but is not limited to: (i) all rents, fees and charges paid by tenants; (ii) Section 8 payments or other rental subsidy payments received for the dwelling units; (iii) deposits forfeited by tenants; (iv) all cancellation fees; (v) price index adjustments and any other rental adjustments to leases or rental agreements; (vi) net proceeds from vending and laundry room machines; (vii) the proceeds of business interruption or similar insurance not paid to senior lenders; (viii) the proceeds of casualty insurance not used to rebuild the Development and not paid to senior lenders; and (ix) condemnation awards for a taking of part or all of the Development for a temporary period. July 12, 2016 Contra Costa County Board of Supervisors 1213 9 863\99\1888761.5 Gross Revenue does not include tenants' security deposits, loan proceeds, unexpended amounts (including interest) in any reserve account, required deposits to reserve accounts, capital contributions or similar advances. (ww) "Hazardous Materials" means: (i) any substance, material, or waste that is petroleum, petroleum-related, or a petroleum by-product, asbestos or asbestos- containing material, polychlorinated biphenyls, flammable, explosive, radioactive, freon gas, radon, or a pesticide, herbicide, or any other agricultural chemical, and (ii) any waste, substance or material defined as or included in the definition of "hazardous substances," "hazardous wastes," "hazardous materials," "toxic materials", "toxic waste", "toxic substances," or words of similar import under any Hazardous Materials Law. (xx) "Hazardous Materials Claims" means with respect to the Property (i) any and all enforcement, cleanup, removal or other governmental or regulatory actions instituted, completed or threatened against Borrower or the Property pursuant to any Hazardous Materials Law; and (ii) all claims made or threatened by any third party against Borrower or the Property relating to damage, contribution, cost recovery compensation, loss or injury resulting from any Hazardous Materials. (yy) "Hazardous Materials Law" means any federal, state or local laws, ordinances, or regulations relating to any Hazardous Materials, health, industrial hygiene, environmental conditions, or the regulation or protection of the environment, and all amendments thereto as of this date and to be added in the future and any successor statute or rule or regulation promulgated thereto. (zz) "HCD" has the meaning set forth in Section 1.1(l)(iii). (aaa) "HOME" means the HOME Investment Partnership Act Program pursuant to the Cranston-Gonzales National Affordable Housing Act of 1990 (42 U.S.C. 12705 et seq.), as amended. (bbb) "HOME-Assisted Units" has the meaning set forth in Paragraph H of the Recitals. (ccc) "HOME Funds" has the meaning set forth in Paragraph B of the Recitals. (ddd) "HOME/HOPWA Regulatory Agreement" means the Regulatory Agreement and Declaration of Restrictive Covenants of even date herewith, between the County and Borrower evidencing HUD requirements applicable to the HOME-Assisted Units and HOPWA-Assisted Units, to be recorded against the Property. (eee) "HOME Regulations" has the meaning set forth in Paragraph B of the Recitals. (fff) "HOPWA" means the Housing Opportunities for Persons with AIDS Program pursuant to the AIDS Housing Opportunity Act (42 USC 12901 et seq.), as July 12, 2016 Contra Costa County Board of Supervisors 1214 10 863\99\1888761.5 amended by the Housing and Community Development Act of 1992 (42 USC 5301 et seq.). (ggg) "HOPWA-Assisted Units" has the meaning set forth in Paragraph H of the Recitals. (hhh) "HOPWA Eligible Household" means a household that includes at least one Person with HIV/AIDS. (iii) "HOPWA Funds" has the meaning set forth in Paragraph C of the Recitals. (jjj) "HOPWA Loan" has the meaning set forth in Paragraph E of the Recitals. (kkk) "HOPWA Unit" means a unit in the Development restricted to occupancy by a HOPWA-Eligible Household, as further set forth in in the HOME/HOPWA Regulatory Agreement. (lll) "HUD" has the meaning set forth in Paragraph B of the Recitals. (mmm) "Improvements" has the meaning set forth in Paragraph D of the Recitals. (nnn) "Intercreditor Agreement" means that certain intercreditor agreement of even date herewith entered into by and among the City, the County, and Borrower related to the Combined County Loan and the Combined City Loan to be recorded against the property. (ooo) "Investor Limited Partner" means Wells Fargo Affordable Housing Community Development Corporation and its successors and assigns. (ppp) "Lenders' Share of Residual Receipts" means fifty percent (50%) of Residual Receipts. (qqq) "Loan Documents" means this Agreement, the Notes, the Regulatory Agreements, the Intercreditor Agreement, and the Deed of Trust. (rrr) "Locally-Assisted Units" has the meaning set forth in Paragraph H of the Recitals. (sss) "MHP Loan" has the meaning set forth in Section 1.1(l)(iii). (ttt) "Modification Agreement" has the meaning set forth in Paragraph E of the Recitals. (uuu) "Neighbor Works Loan" has the meaning set forth in Section 1.1(l)(vi). (vvv) "NEPA" has the meaning set forth in Paragraph J of the Recitals. July 12, 2016 Contra Costa County Board of Supervisors 1215 11 863\99\1888761.5 (www) "Net Proceeds of Permanent Financing" means the amount by which Permanent Financing exceeds the Final Development Costs. (xxx) "New City Loan" means the not to exceed One Million Three Hundred Thousand Dollar ($1,300,000) loan from the City to the Borrower, with an expected disbursement of One Million Two Hundred Eighty-Six Thousand Three Hundred Twelve Dollars ($1,286,312), pursuant to a Second Amended and Restated Loan Agreement by and among Borrower, the Seller, and the City dated July 15, 2016. (yyy) "New HOME Loan" has the meaning set forth in Paragraph F of the Recitals. (zzz) "New Loan" has the meaning set forth in Paragraph F of the Recitals. (aaaa) "New Loan Note" means the promissory note of even date herewith that evidences Borrower's obligation to repay the New Loan. (bbbb) "Notes" mean the Adjusted Original HOME Loan Note and New Loan Note. (cccc) "Operating Reserve Account" has the meaning set forth in Section 4.2(b). (dddd) "Original City Loan" means the Two Million Four Hundred Thirty-Four Thousand Two Hundred Dollar ($2,434,200) loan from the City to the Seller as assigned to and assumed by Borrower, and restructured and so that the new principal amount of the Original City Loan is Three Million Four Hundred Sixty-Nine Thousand Ninety-One Dollars ($3,469,091) Dollars. (eeee) "Original HOME Loan" has the meaning set forth in Paragraph E of the Recitals. (ffff) "Partnership Agreement" means the Amended and Restated Agreement of Limited Partnership dated July___, 2016, as may be amended from time to time, that governs the operation and organization of Borrower as a California limited partnership. (gggg) "Partnership/Asset Fee" means: (i) partnership management fees (including any asset management fees) payable pursuant to the Partnership Agreement to any partner or affiliate of Borrower or any affiliate of a partner of Borrower, if any, during the Fifteen Year Compliance Period; and (ii) after the later of expiration of the Fifteen Year Compliance Period or when the Investor Limited Partner ceases to be a partner in Borrower, asset management fees payable to Borrower, in the amounts approved by the County as set forth in Section 3.18. (hhhh) "Permanent Conversion" means the date the Bank Loan converts to the Permanent Loan. July 12, 2016 Contra Costa County Board of Supervisors 1216 12 863\99\1888761.5 (iiii) "Permanent Financing" means the sum of the following amounts: (i) the Permanent Loan; (ii) Adjusted Original HOME Loan; (iii) the Adjusted New HOME Loan; (iv) the Adjusted HOPWA Loan; (v) the Adjusted New City Loan; (vi) the Original City Loan; (vii) the Adjusted MHP Loan; (viii) the Bank Subordinate Loan; (ix) the Tax Credit Investor Equity; (x) the GP Capital Contribution, (xi) the Eden Loan; and (xii) the Neighbor Works Loan. (jjjj) "Permanent Loan" has the meaning set forth in Section 1.1(k)(ii). (kkkk) "Persons with HIV/AIDS" has the meaning set forth in the County Regulatory Agreement. (llll) "Property" has the meaning set forth in Paragraph D of the Recitals. (mmmm) "Regulatory Agreements" means the County Regulatory Agreement and the HOME/HOPWA Regulatory Agreement. (nnnn) "Rehabilitation Standards" mean the Minimum Multi-Family Housing Rehabilitation Standards dated March 2015 and prepared by the County. (oooo) "Rental Shortfall Due Date" has the meaning set forth in Section 2.8(c). (pppp) "Rental Shortfall Payment" has the meaning set forth in Section 2.8(c). (qqqq) "Replacement Reserve Account" has the meaning set forth in Section 4.2(a). (rrrr) "Residual Receipts" means for each calendar year, the amount by which Gross Revenue exceeds Annual Operating Expenses. (ssss) "Retention Amount" means Ten Thousand Dollars ($10,000) of the New HOME Loan, the disbursement of which is described in Section 2.7. (tttt) "Seller" has the meaning set forth in Paragraph D of the Recitals. (uuuu) "Seller Loan" has the meaning set forth in Section 1.1(k)(iv). (vvvv) "Senior Loan" has the meaning set forth in Section 2.5. (wwww) "Special City Loan Payment" has the meaning in Section 3(b) of the Intercreditor Agreement. (xxxx) "Special County Loan Payment" has the meaning in Section 2.8(b). (yyyy) "Statement of Residual Receipts" means an itemized statement of Residual Receipts. July 12, 2016 Contra Costa County Board of Supervisors 1217 13 863\99\1888761.5 (zzzz) "Tax Credit Investor Equity" has the meaning set forth in Section 1.1(k)(vii). (aaaaa) "TCAC" means the California Tax Credit Allocation Committee. (bbbbb) "Tenant" means the tenant household that occupies a unit in the Development. (ccccc) "Term" means the period of time that commences on the date of this Agreement, and expires, unless sooner terminated in accordance with this Agreement, on the fifty-fifth (55th) anniversary of the Completion Date; provided, however, if a record of the Completion Date cannot be located or established, the Term will expire on the fifty-seventh (57th) anniversary of this Agreement. (ddddd) "Transfer" has the meaning set forth in Section 4.13 below. Section 1.2 Exhibits The following exhibits are attached to this Agreement and incorporated into this Agreement by this reference: Exhibit A: Legal Description of the Property Exhibit B: Approved Development Budget Exhibit C: NEPA Mitigation Requirements ARTICLE 2 LOAN PROVISIONS Section 2.1 Loan. Upon satisfaction of the conditions set forth in Section 2.6 and Section 2.7 of this Agreement, the County shall lend to Borrower the Combined County Loan for the purposes set forth in Section 2.3 of this Agreement. Borrower's obligation to repay the Combined County Loan is evidenced by the Notes. Section 2.2 Interest. (a) Adjusted Original HOME Loan. Subject to the provisions of subsection (d) below, interest will accrue on the outstanding principal balance of the Adjusted Original HOME Loan at a rate of interest equal to 2.18%, compounding annually, commencing on the date of the Adjusted Original HOME Loan Note. It is the intent that the interest rate stated in this Section 2.2(a) is the Applicable Federal Rate applicable to long-term loans with annual compounding, as calculated in accordance with Internal Revenue Code Section 1274(d) as of the date of the Modification Agreement. (b) New HOME Loan. Subject to the provisions of subsection (d) below, simple interest will accrue on the outstanding principal balance of the New HOME Loan at a per annum rate of interest equal to three percent (3%), commencing on the date of July 12, 2016 Contra Costa County Board of Supervisors 1218 14 863\99\1888761.5 disbursement. (c) HOPWA Loan. Subject to the provisions of subsection (d) below, no interest will accrue on the outstanding principal balance of the HOPWA Loan. (d) Default Interest. Upon the occurrence of an Event of a Default, interest on the outstanding principal balance of the Combined County Loan will begin to accrue, beginning on the date of such occurrence and continuing until the date the Combined County Loan is repaid in full or the Event of Default is cured, at the Default Rate. Section 2.3 Use of New Loan Funds. (a) New HOME Loan. Borrower shall use the New HOME Loan for construction costs, consistent with the Approved Development Budget. Use of the New HOME Loan for reimbursement of costs incurred prior to the date of this Agreement is subject to Section 92.206(d)(1) of the HOME Regulations. (b) HOPWA Loan. Borrower shall use the HOPWA Loan for soft costs, closing costs, and construction costs, consistent with the Approved Development Budget. (c) Borrower may not use the New Loan proceeds for any other purposes without the prior written consent of the County. Section 2.4 Security. In consideration of the Combined County Loan, Borrower shall (i) secure its obligation to repay the Combined County Loan, as evidenced by the Notes, by executing the Deed of Trust, and cause or permit it to be recorded as a lien against the Property, and (ii) execute the Regulatory Agreements, and the Intercreditor Agreement, and cause or permit them to be recorded against the Property. Section 2.5 Subordination. (a) Any agreement by the County to subordinate the Deed of Trust and/or Regulatory Agreements to an encumbrance securing and/or evidencing the Bank Loan, or any loan obtained by Borrower to refinance the Bank Loan (the "Senior Loan") will be subject to the satisfaction of each of the following conditions: (i) All of the proceeds of the Senior Loan, less any transaction costs, are used to provide acquisition, construction and/or permanent financing for the Development. (ii) The lender of the Senior Loan is a state or federally chartered financial institution, a nonprofit corporation or a public entity that is not affiliated with Borrower or any of Borrower's affiliates, other than as a depositor or a lender. (iii) Borrower demonstrates to the County's satisfaction that subordination of the Deed of Trust and the Regulatory Agreements is necessary to secure adequate acquisition, construction, and/or permanent financing to ensure the viability of the July 12, 2016 Contra Costa County Board of Supervisors 1219 15 863\99\1888761.5 Development, including the operation of the Development as affordable housing, as required by the Loan Documents. To satisfy this requirement, Borrower must provide to the County, in addition to any other information reasonably required by the County, evidence demonstrating that the proposed amount of the Senior Loan is necessary to provide adequate acquisition, construction, and/or permanent financing to ensure the viability of the Development, and adequate financing for the Development would not be available without the proposed subordination. (iv) The subordination agreement(s) is structured to minimize the risk that the Deed of Trust and the Regulatory Agreements will be extinguished as a result of a foreclosure by the Bank or other holder of the Senior Loan. To satisfy this requirement, the subordination agreement must provide the County with adequate rights to cure any defaults by Borrower, including: (1) providing the County or its successor with copies of any notices of default at the same time and in the same manner as provided to Borrower; and (2) providing the County with a cure period of at least sixty (60) days to cure any default. (v) The subordination(s) of the Combined County Loan is effective only during the original term of the Senior Loan and any extension of its term that is approved in writing by the County. (vi) The subordination does not limit the effect of the Deed of Trust and the Regulatory Agreements before a foreclosure, nor require the consent of the holder(s) of the Senior Loan prior to the County exercising any remedies available to the County under the Loan Documents. (b) Upon a determination by the County's Deputy Director – Department of Conservation and Development that the conditions in this Section have been satisfied, the Deputy Director – Department of Conservation and Development or his/her designee will be authorized to execute the approved subordination agreement without the necessity of any further action or approval. Section 2.6 Conditions Precedent to Disbursement of New Loan Funds for Construction. Until the conditions set forth in Section 2.7 have been met, the disbursements made pursuant to this Agreement may not exceed One Million Five Hundred Thousand Dollars ($1,500,000). The County is not obligated to disburse any portion of the New Loan, or to take any other action under the Loan Documents unless all of the following conditions have been and continue to be satisfied: (a) There exists no Event of Default nor any act, failure, omission or condition that would constitute an Event of Default under this Agreement; (b) Borrower holds title to the Property or is acquiring title to the Property simultaneously with the disbursement of the New Loan proceeds; (c) Borrower has delivered to the County a copy of a corporate resolution authorizing Borrower to obtain the Combined County Loan and all other Approved July 12, 2016 Contra Costa County Board of Supervisors 1220 16 863\99\1888761.5 Financing, and execute the Loan Documents; (d) There exists no material adverse change in the financial condition of Borrower from that shown by the financial statements and other data and information furnished by Borrower to the County prior to the date of this Agreement; (e) Borrower has furnished the County with evidence of the insurance coverage meeting the requirements of Section 4.14 below; (f) Borrower has executed and delivered to the County the Loan Documents and has caused all other documents, instruments, and policies required under the Loan Documents to be delivered to the County; (g) The Deed of Trust, the Regulatory Agreements, and the Intercreditor Agreement, have been recorded against the Property in the Office of the Recorder of the County of Contra Costa; (h) A title insurer reasonably acceptable to the County is unconditionally and irrevocably committed to issuing an LP-10 2006 ALTA Lender's Policy of title insurance insuring the priority of the Deed of Trust in the amount of the Combined County Loan, subject only to such exceptions and exclusions as may be reasonably acceptable to the County, and containing such endorsements as the County may reasonably require. The Borrower shall provide whatever documentation (including an indemnification agreement), deposits or surety is reasonably required by the title company in order for the County's Deed of Trust to be senior in lien priority to any mechanics liens in connection with any start of construction that has occurred prior to the recordation of the Deed of Trust against the Property in the Office of the Recorder of the County of Contra Costa; (i) All environmental review necessary for the rehabilitation of the Development has been completed, and Borrower has provided the County evidence of planned compliance with all NEPA and CEQA requirements and mitigation measures applicable to construction, and evidence of compliance with all NEPA and CEQA requirements and mitigation measures applicable to preconstruction; (j) The County has determined the undisbursed proceeds of the New Loan, together with other funds or firm commitments for funds that Borrower has obtained in connection with the rehabilitation of the Development, are not less than the amount the County determines is necessary to pay for the rehabilitation of the Development and to satisfy all of the covenants contained in this Agreement and the Regulatory Agreements; (k) Borrower has obtained all permits and approvals necessary for the rehabilitation of the Development; (l) The County has received and approved the Bid Package for the subcontractors for the rehabilitation of the Development pursuant to Section 3.2 below; (m) The County has received and approved the general contractor's construction contract that the Borrower has entered or proposed to enter for the rehabilitation July 12, 2016 Contra Costa County Board of Supervisors 1221 17 863\99\1888761.5 of the Development pursuant to Section 3.3 below; (n) The County has received and approved labor and material (payment) bonds and performance bonds as required pursuant to Section 3.4 below; (o) Borrower has closed the loans and the equity financings that comprise the Approved Financing described in Section 1.1(l) (except subsections (v) and (vii)) and has already received, or is eligible to receive, the funds; (p) The County has received a fully executed copy of the Partnership Agreement, in which the Investor Limited Partner is obligated to provide Borrower the Tax Credit Investor Equity; (q) The County has received reasonable evidence that the local match requirements set forth in 24 C.F.R. Section 92.218 et seq., have been satisfied pursuant to Section 4.1 of this Agreement; and (r) The County has received a written draw request from Borrower, including: (i) certification that the condition set forth in Section 2.6(a) continues to be satisfied; (ii) certification that the proposed uses of funds is consistent with the Approved Development Budget; (iii) the amount of funds needed; and, (iv) where applicable, a copy of the bill or invoice covering a cost incurred or to be incurred. When a disbursement is requested to pay any contractor in connection with improvements on the Property, the written request must be accompanied by: (1) certification by the Borrower's architect reasonably acceptable to the County that the work for which disbursement is requested has been completed (although the County reserves the right to inspect the Property and make an independent evaluation); and (2) lien releases and/or mechanics lien title insurance endorsements reasonably acceptable to the County. Section 2.7 Conditions Precedent to Disbursement of Retention. The County is not obligated to disburse the Retention Amount unless the following conditions precedent are satisfied: (a) The County has received a completion report from Borrower setting forth: (i) the income, household size, race, and ethnicity of Tenants of the County Assisted Units; (ii) and the unit address, unit size, rent amount and utility allowance for all County Assisted Units; (b) The County has received a Final Cost Certification for the Development from Borrower showing all uses and sources; (c) The County has received from Borrower copies of the certificate of occupancy or equivalent final permit sign-offs for the Development; (d) The County has received from Borrower current evidence of the insurance coverage meeting the requirements of Section 4.14 below; July 12, 2016 Contra Costa County Board of Supervisors 1222 18 863\99\1888761.5 (e) The County has received from Borrower a form of Tenant lease; (f) The County has received from Borrower a Marketing Plan, Tenant Selection Plan, and Social Services Plan as defined in the HOME/HOPWA Regulatory Agreement; (g) The County has received from Borrower evidence of marketing for any vacant County Assisted Unit in the Development such as copies of flyers, list of media ads, list of agencies and organizations receiving information on availability of such units, as applicable; (h) The County has received from Borrower all relevant contract activity information, including compliance with Section 3 requirements as set forth in Section 4.7(b)(xii) of the HOME/HOPWA Regulatory Agreement, and MBE/WBE requirements; (i) If Borrower was required to comply with relocation requirements as set forth in Section 4.7(b)(vi) of the HOME/HOPWA Regulatory Agreement, the County has received from Borrower evidence of compliance with all applicable relocation requirements; (j) The County has received from Borrower a copy of the management agreement and contact information for the property manager of the Development and the name and phone number of the on-site property manager; (k) If Borrower is required to pay prevailing wages under the Davis-Bacon Act (40 U.S.C. 3141-3148), the County has received confirmation that Borrower has submitted all certified payrolls to the County, and any identified payment issues have been resolved, or Borrower is working diligently to resolve any such issues; (l) The County has received from Borrower evidence of compliance with all NEPA mitigation requirements as set forth in Exhibit C; and (m) The County has received a written draw request from Borrower, including certification that the condition set forth in Section 2.6(a) continues to be satisfied, and setting forth the proposed uses of funds consistent with the Approved Development Budget, and, where applicable, a copy of the bill or invoice covering a cost incurred or to be incurred. Borrower shall apply the disbursement for the purpose(s) requested. Section 2.8 Repayment Schedule. (a) Annual Payments of Combined County Loan. Commencing on June 1, 2017 and on June 1 of each year thereafter during the Term, Borrower shall make a Combined County Loan payment in an amount equal to the sum of (1) the County Loan Prorata Percentage of the Lenders' Share of Residual Receipts and (2) the County Additional Prorata Share multiplied by Borrower's Shared Portion of Residual Receipts (each such payment, an "Annual Payment"). The County shall apply all Annual Payments first, to accrued interest; and second, to principal. July 12, 2016 Contra Costa County Board of Supervisors 1223 19 863\99\1888761.5 (b) Special Repayments of New HOME Loan from Net Proceeds of Permanent Financing. To the extent consistent with the regulations applicable to the MHP Loan, no later than ten (10) days after the date Borrower receives its final capital contribution from the Investor Limited Partner, Borrower shall pay to the County as a special repayment of the New HOME Loan, an amount equal to the result obtained by multiplying the County Additional Prorata Share by the Available Net Proceeds (the "Special County Loan Payment"). No later than one hundred eighty (180) days following completion of rehabilitation of the Development, Borrower shall submit to the County for its review a preliminary calculation of the Net Proceeds of Permanent Financing and a draft of the Final Cost Certification as defined Section 4.3 below. The County shall approve or disapprove Borrower's determination of the amount of the Net Proceeds of Permanent Financing in writing within thirty (30) days after receipt. The County shall only disapprove Borrower's determination of the amount of the Net Proceeds of Permanent Financing if such calculation does not comply with the terms of this Agreement. If Borrower's determination is disapproved by the County, Borrower shall re-submit documentation to the County until the County approval is obtained. (c) Special Repayment of New HOME Loan for Failure to Lease. If on or before the Rental Shortfall Due Date, Borrower fails to cause each of the HOME-Assisted Units to be rented to and occupied by an Eligible Household in accordance with Section 2.1(b) of the HOME/HOPWA Regulatory Agreement, Borrower shall pay the County the Rental Shortfall Payment, plus accrued interest, on the Rental Shortfall Due Date. (i) The "Rental Shortfall Due Date" is the date that occurs eighteen (18) months after the Completion Date. (ii) The "Rental Shortfall Payment" is an amount equal to the result obtained by multiplying (1) the number of HOME-Assisted Units that have not been rented to and occupied by an Eligible Household on or before the Rental Shortfall Due Date, by (2) a fraction, the numerator of which is the then-outstanding principal balance on the New HOME Loan and the denominator of which is the number of HOME-Assisted Units. (iii) Interest on the Rental Shortfall Payment will accrue in accordance with Section 2.2(b) through the Rental Shortfall Due Date. If the Rental Shortfall Payment is not paid on or before the Rental Shortfall Due Date, interest on the Rental Shortfall Payment will accrue at the Default Rate beginning on the day after the Rental Shortfall Due Date and continuing until the Rental Shortfall Payment is paid in full with interest. (d) Payment in Full of Combined County Loan. Borrower shall pay all outstanding principal and accrued interest on the Combined County Loan, in full, on the earliest to occur of: (i) any Transfer other than as permitted pursuant to Section 4.13; (ii) an Event of Default; and (iii) the expiration of the Term. (e) Prepayment. Borrower may prepay the Combined County Loan at any time without premium or penalty. However, the Regulatory Agreements and the Deed of Trust will remain in effect for the entire Term, regardless of any prepayment or Transfer. July 12, 2016 Contra Costa County Board of Supervisors 1224 20 863\99\1888761.5 Section 2.9 Reports and Accounting of Residual Receipts. (a) Borrower shall keep and maintain at the principal place of business of the Borrower set forth in Section 7.9 below, or elsewhere with the County's written consent, full, complete and appropriate books, records and accounts necessary or prudent to evidence and substantiate in full detail Borrower's calculation of Residual Receipts and disbursements of Residual Receipts. (b) In connection with the Annual Payment, Borrower shall furnish to the County: (i)The Statement of Residual Receipts for the relevant period. The first Statement of Residual Receipts will cover the period that begins on January 1, 2016 and ends on December 31st of that same year. Subsequent statements of Residual Receipts will cover the twelve-month period that ends on December 31 of each year; (ii)A statement from the independent public accountant that audited the Borrower's financial records for the relevant period, which statement must confirm that Borrower's calculation of the Lenders' Share of Residual Receipts and Borrower's Shared Portion of Residual Receipts is accurate based on Gross Revenue and Annual Operating Expenses; and (iii)Any additional documentation reasonably required by the County to substantiate Borrower's calculation of Lenders' Share of Residual Receipts and Borrower's Shared Portion of Residual Receipts. (c) The receipt by the County of any statement pursuant to subsection (b) above or any payment by Borrower or acceptance by the County of any Combined County Loan repayment for any period does not bind the County as to the correctness of such statement or payment. The County may audit the Residual Receipts and all books, records, and accounts pertaining thereto pursuant to Section 4.6 below. Section 2.10 Non-Recourse. Except as provided below, neither Borrower, nor any partner of Borrower, has any direct or indirect personal liability for payment of the principal of, and interest on, the Combined County Loan. Following recordation of the Deed of Trust, the sole recourse of the County with respect to the principal of, or interest on, the Notes will be to the property described in the Deed of Trust; provided, however, that nothing contained in the foregoing limitation of liability limits or impairs the enforcement of all the rights and remedies of the County against all such security for the Notes, or impairs the right of County to assert the unpaid principal amount of the Notes as demand for money within the meaning and intendment of Section 431.70 of the California Code of Civil Procedure or any successor provision thereto. The foregoing limitation of liability is intended to apply only to the obligation to repay the principal and interest on the Notes. Except as hereafter set forth, nothing contained herein is intended to relieve Borrower of its obligation to indemnify the County under the Loan Documents including but not limited to Sections 3.8, 3.9, 4.7, and 7.4 of this Agreement and Sections 2.1(d) and 4.7(b)(vi) of the HOME/HOPWA Regulatory Agreement, or liability for: (i) loss or damage of any kind resulting from waste, July 12, 2016 Contra Costa County Board of Supervisors 1225 21 863\99\1888761.5 fraud or willful misrepresentation; (ii) the failure to pay taxes, assessments or other charges which may create liens on the Property that are payable or applicable prior to any foreclosure under the Deed of Trust (to the full extent of such taxes, assessments or other charges); (iii) the fair market value of any personal property or fixtures removed or disposed of by Borrower other than in accordance with the Deed of Trust; and (iv) the misappropriation of any proceeds under any insurance policies or awards resulting from condemnation or the exercise of the power of eminent domain or by reason of damage, loss or destruction to any portion of the Property. ARTICLE 3 REHABILITATION OF THE DEVELOPMENT Section 3.1 Permits and Approvals. Borrower shall obtain all permits and approvals necessary for the rehabilitation of the Development no later than July 15, 2016, or such later date that the County approves in writing. Section 3.2 Bid Package. Not later than thirty (30) days prior to Borrower's proposed date for advertising the Bid Package, Borrower shall submit to the County a copy of Borrower's general contractor's proposed Bid Package. The County's Deputy Director, Department of Conservation and Development, or his or her designee, shall approve or disapprove the Bid Package within fifteen (15) days after receipt of the Bid Package by the County. If the County rejects the proposed Bid Package the reasons therefore must be given to Borrower. The Borrower will then have fifteen (15) days to revise the proposed Bid Package and resubmit it to the County. The County will then have fifteen (15) days to review and approve Borrower's new or corrected Bid Package. The provisions of this Section will continue to apply until a proposed Bid Package has been approved by the County. Borrower may not publish a proposed Bid Package until it has been approved by the County. Section 3.3 Construction Contract. (a) Not later than fifteen (15) days prior to the proposed Commencement of Construction, Borrower shall submit to the County for its approval a draft of the proposed construction contract for the Development. All construction work and professional services are to be performed by persons or entities licensed or otherwise authorized to perform the applicable construction work or service in the State of California. Each contract that Borrower enters for rehabilitation of the Development is to provide that at least ten percent (10%) of the costs incurred will be payable only upon completion of the rehabilitation, subject to early release of retention for specified subcontractors upon approval by the County. The construction contract will include all applicable HOME and HOPWA requirements set forth in Section 4.7 of the HOME/HOPWA Regulatory Agreement. The County's approval of the construction contract may not be deemed to constitute approval of or concurrence with any term or condition of the construction contract except as such term or condition may be required by this Agreement. (b) Upon receipt by the County of the proposed construction contract, the County shall promptly review same and approve or disapprove it within ten (10) days. If the July 12, 2016 Contra Costa County Board of Supervisors 1226 22 863\99\1888761.5 construction contract is not approved by the County, the County shall set forth in writing and notify Borrower of the County's reasons for withholding such approval. Borrower shall thereafter submit a revised construction contract for County approval, which approval is to be granted or denied in ten (10) days in accordance with the procedures set forth above. Any construction contract executed by Borrower for the Development is to be in the form approved by the County. Section 3.4 Construction Bonds. Not later than thirty (30) days prior to the proposed Commencement of Construction Borrower shall deliver to the County copies of labor and material bonds and performance bonds for the rehabilitation of the Development in an amount equal to one hundred percent (100%) of the scheduled cost of the rehabilitation of the Development. Such bonds must name the County as a co-obligee. Section 3.5 Commencement of Construction. Borrower shall cause the Commencement of Construction of the Development to occur no later than August 1, 2016, or such later date that the County approves in writing, but in no event later than 1 year from date of this Agreement. For the purposes of this Agreement, "Commencement of Construction" means the date set for the start of rehabilitation of the Development in the notice to proceed issued by Borrower to Borrower's general contractor. Section 3.6 Completion of Construction. Borrower shall diligently prosecute rehabilitation of the Development to completion, and shall cause the rehabilitation of the Development to be completed no later than December 1, 2017, or such later date that the County approves in writing. Section 3.7 Changes; Construction Pursuant to Plans and Laws. (a) Changes. Borrower shall rehabilitate the Development in conformance with (i) the plans and specifications approved by the City's Building Inspection Department, and (ii) the Approved Development Budget. Borrower shall notify the County in a timely manner of any changes in the work required to be performed under this Agreement, including any additions, changes, or deletions to the plans and specifications approved by the City. Written authorization from the County must be obtained before any of the following changes, additions, or deletions in work for the Development may be performed: (i) any change in the work the cost of which exceeds Fifty Thousand Dollars ($50,000); or (ii) any set of changes in the work the cost of which cumulatively exceeds One Hundred Thousand Dollars ($100,000) or ten percent (10%) of the Combined County Loan amount, whichever is less; or (iii) any material change in building materials or equipment, specifications, or the structural or architectural design or appearance of the Development as provided for in the plans and specifications approved by the County. The County's consent to any additions, changes, or deletions to the work does not relieve or release Borrower from any other obligations under this Agreement, or relieve or release Borrower or its surety from any surety bond. (b) Compliance with Laws. Borrower shall cause all work performed in July 12, 2016 Contra Costa County Board of Supervisors 1227 23 863\99\1888761.5 connection with the Development to be performed in compliance with: (i) all applicable laws, codes (including building codes and codes applicable to mitigation of disasters such as earthquakes), ordinances, rules and regulations of federal, state, county or municipal governments or agencies now in force or that may be enacted hereafter; (ii) the HOME Regulations including the property standards set out in 24 C.F.R. 92.251, and the property standards set out in 24 C.F.R. Section 574.310; (iii) the requirement of the Lead-Based Paint Poisoning Prevention Act, as amended (42 U.S.C. 4821 et seq.), the Residential Lead-Based Paint Hazard Reduction Act (42 U.S.C. 4851 et seq.), and implementing regulations at 24 C.F.R. Part 35; (iv) the Rehabilitation Standards provided by the County; and (v) all directions, rules and regulations of any fire marshal, health officer, building inspector, or other officer of every governmental agency now having or hereafter acquiring jurisdiction. Borrower may permit the work to proceed only after procurement of each permit, license, or other authorization that may be required by any governmental agency having jurisdiction, and Borrower is responsible to the County for the procurement and maintenance thereof. Section 3.8 Prevailing Wages. (a) Davis Bacon. Borrower shall cause rehabilitation of the Development to be in compliance with the prevailing wage requirements of the federal Davis-Bacon Act (40 U.S.C. 3141-3148). Borrower shall indemnify, hold harmless and defend (with counsel reasonably acceptable to the County) the County against any claim for damages, compensation, fines, penalties or other amounts arising out of the failure or alleged failure of any person or entity (including the Borrower, its contractor and subcontractors) to pay prevailing wages as determined pursuant to the prevailing wage provisions of the federal Davis-Bacon Act and implementing rules and regulations in connection with the rehabilitation of the Development or any other work undertaken or in connection with the Property. The requirements in this subsection survive the repayment of the Combined County Loan, and the reconveyance of the Deed of Trust. (b) State Prevailing Wages. (i) To the extent required by applicable law Borrower shall: (1) pay, and shall cause any consultants or contractors to pay, prevailing wages in the rehabilitation of the Development as those wages are determined pursuant to California Labor Code Section 1720 et seq.; (2) cause any consultants or contractors to employ apprentices as required by California Labor Code Section 1777.5 et seq., and the implementing regulations of the Department of Industrial Relations (the "DIR"), and to July 12, 2016 Contra Costa County Board of Supervisors 1228 24 863\99\1888761.5 comply with the other applicable provisions of California Labor Code Sections 1720 et seq., 1777.5 et seq., and implementing regulations of the DIR; (3) keep and retain, and shall cause any consultants and contractors to keep and retain, such records as are necessary to determine if such prevailing wages have been paid as required pursuant to California Labor Code Section 1720 et seq., and apprentices have been employed are required by California Labor Code Section 1777.5 et seq.; (4) post at the Property, or shall cause the contractor to post at the Property, the applicable prevailing rates of per diem wages. Copies of the currently applicable current per diem prevailing wages are available from DIR; (5) cause contractors and subcontractors rehabilitating the Development to be registered as set forth in California Labor Code Section 1725.5; (6) cause its contractors and subcontractors, in all calls for bids, bidding materials and the construction contract documents for the rehabilitation of the Development to specify that: (A) no contractor or subcontractor may be listed on a bid proposal nor be awarded a contract for the rehabilitation of the Development unless registered with the DIR pursuant to California Labor Code Section 1725.5; and (B) the rehabilitation of the Development is subject to compliance monitoring and enforcement by the DIR. (7) provide the County all information required by California Labor Code Section 1773.3 as set forth in the DIR's online form PWC-100 within 2 days of the award of any contract (https://www.dir.ca.gov/pwc100ext/); (8) cause its contractors to post job site notices, as prescribed by regulation by the DIR; and (9) cause its contractors to furnish payroll records required by California Labor Code Section 1776 directly to the Labor Commissioner, at least monthly in the electronic format prescribed by the Labor Commissioner. (ii) Borrower shall indemnify, hold harmless and defend (with counsel reasonably acceptable to the County) the County against any claim for damages, compensation, fines, penalties or other amounts arising out of the failure or alleged failure of any person or entity (including Borrower, its contractor and subcontractors) to pay prevailing wages as determined pursuant to California Labor Code Section 1720 et seq., to employ apprentices pursuant to California Labor Code Section 1777.5 et seq., to meet the conditions of California Labor Code Section 1771.4, and implementing regulations of the DIR, or to comply with the other applicable provisions of California Labor Code Sections 1720 et seq., 1777.5 et seq., and 1771.4, and the implementing regulations of the DIR, in connection with the rehabilitation of the Development or any other work undertaken or in connection with the Property. The July 12, 2016 Contra Costa County Board of Supervisors 1229 25 863\99\1888761.5 requirements in this Section survive the repayment of the Combined County Loan, and the reconveyance of the Deed of Trust. Section 3.9 Accessibility. (a) Borrower shall rehabilitate the Development in compliance with all applicable federal and state disabled persons accessibility requirements including but not limited to the Federal Fair Housing Act; Section 504 of the Rehabilitation Act of 1973 ("Section 504"); Title II and/or Title III of the Americans with Disabilities Act; and Title 24 of the California Code of Regulations (collectively, the "Accessibility Requirements"). In compliance with Section 504, if the rehabilitation is substantial as defined in 24 C.F.R. 8.23(a), a minimum of five (5) Units of all Units must be rehabilitated to be fully accessible to households with a mobility impaired member and an additional two (2) Units of all Units must be rehabilitated to be fully accessible to hearing and/or visually impaired persons. Non- substantial alterations must comply with 24 C.F.R. 8.23(b). In compliance with Section 504 Borrower shall provide the County with a certification from the Development architect that to the best of the architect's knowledge, the Development complies with all federal and state accessibility requirements applicable to the Development. (b) Borrower's scope of work for the rehabilitation of the Development must include a plan for reconfiguring pedestrian access to the exterior courtyard of the part of the Development located at 1121 Virginia Lane in accordance with the Accessibility Requirements. If, however, Borrower determines that such work will be an undue financial or administrative burden for the Development, Borrower shall consult with the County to determine a mutually acceptable alternate approach. (c) Borrower shall indemnify, hold harmless and defend (with counsel reasonably acceptable to the County) the County against any claim for damages, compensation, fines, penalties or other amounts arising out of the failure or alleged failure of any person or entity (including Borrower, its architect, contractor and subcontractors) to rehabilitate the Development in accordance with the Accessibility Requirements. The requirements in this Subsection survive repayment of the Combined County Loan and the reconveyance of the Deed of Trust. Section 3.10 Equal Opportunity. During the rehabilitation of the Development discrimination on the basis of race, color, creed, religion, age, sex, sexual orientation, marital status, national origin, ancestry, or disability in the hiring, firing, promoting, or demoting of any person engaged in the construction work is not allowed. Section 3.11 Minority and Women-Owned Contractors. Borrower shall use its best efforts to afford minority-owned and women-owned business enterprises the maximum practicable opportunity to participate in the rehabilitation of the Development. Borrower shall, at a minimum, notify applicable minority-owned and women- owned business firms located in Contra Costa County of bid opportunities for the rehabilitation of the Development. A listing of minority owned and women owned businesses located in the July 12, 2016 Contra Costa County Board of Supervisors 1230 26 863\99\1888761.5 County and neighboring counties is available from the County. Documentation of such notifications must be maintained by Borrower and available to the County upon request. Section 3.12 Progress Reports. Until such time as Borrower has received a certificate of occupancy (or functional equivalent) from the City for the Development, Borrower shall provide the County with quarterly progress reports regarding the status of the rehabilitation of the Development, including a certification that the actual construction costs to date conform to the Approved Development Budget, as it may be amended from time to time pursuant to Section 3.16 below. Section 3.13 Construction Responsibilities. (a) Borrower is responsible for the coordination and scheduling of the work to be performed so that commencement and completion of the rehabilitation of the Development takes place in accordance with this Agreement. (b) Borrower is solely responsible for all aspects of Borrower's conduct in connection with the Development, including (but not limited to) the quality and suitability of the plans and specifications, the supervision of construction work, and the qualifications, financial condition, and performance of all architects, engineers, contractors, subcontractors, suppliers, consultants, and property managers. Any review or inspection undertaken by the County with reference to the Development is solely for the purpose of determining whether Borrower is properly discharging its obligations to the County, and may not be relied upon by Borrower or by any third parties as a warranty or representation by the County as to the quality of the design or rehabilitation of the Development. Section 3.14 Mechanics Liens, Stop Notices, and Notices of Completion. (a) If any claim of lien is filed against the Property or a stop notice affecting the Combined County Loan is served on the County or any other lender or other third party in connection with the Development, then Borrower shall, within twenty (20) days after such filing or service, either pay and fully discharge the lien or stop notice, effect the release of such lien or stop notice by delivering to the County a surety bond in sufficient form and amount, or provide the County with other assurance satisfactory to the County that the claim of lien or stop notice will be paid or discharged. (b) If Borrower fails to discharge any lien, encumbrance, charge, or claim in the manner required in this Section, then in addition to any other right or remedy, the County may (but is under no obligation to) discharge such lien, encumbrance, charge, or claim at Borrower's expense. Alternately, the County may require Borrower to immediately deposit with the County the amount necessary to satisfy such lien or claim and any costs, pending resolution thereof. The County may use such deposit to satisfy any claim or lien that is adversely determined against Borrower. (c) Borrower shall file a valid notice of cessation or notice of completion upon cessation of construction work on the Development for a continuous period of thirty (30) days or more, and take all other steps necessary to forestall the assertion of claims of July 12, 2016 Contra Costa County Board of Supervisors 1231 27 863\99\1888761.5 lien against the Property. Borrower authorizes the County, but the County has no obligation, to record any notices of completion or cessation of labor, or any other notice that the County deems necessary or desirable to protect its interest in the Development and Property. Section 3.15 Inspections. (a) Borrower shall permit and facilitate, and shall require its contractors to permit and facilitate, observation and inspection at the Development by the County and by public authorities during reasonable business hours during the Term, for the purposes of determining compliance with this Agreement. (b) The County will perform inspections both during and upon completion of construction of the Development to determine if the Development is being constructed in accordance with the HOME Regulations, including the property standards set forth in 24 C.F.R. 92.251, and the Rehabilitation Standards. Borrower shall give the County notice when the rehabilitation of the Development is complete. If the County determines the Development is not being constructed in accordance with the HOME Regulations and the Rehabilitation Standards, the County will provide Borrower with a written report of the deficiencies. Borrower shall correct such deficiencies within the timeframe set forth in the notice provided to Borrower by the County. The Development may not be occupied until such deficiencies have been corrected to the satisfaction of the County. Section 3.16 Approved Development Budget; Revisions to Budget. As of the date of this Agreement, the County has approved the Approved Development Budget set forth in Exhibit B. Borrower shall submit any required amendments to the Approved Development Budget to the County for approval within five (5) days after the date Borrower receives information indicating that actual costs of the Development vary or will vary from the costs shown on the Approved Development Budget. Written consent of the County will be required to amend the Approved Development Budget. Section 3.17 Developer Fee. The maximum cumulative Developer Fee that may be paid to any entity or entities providing development services to the Development, whether paid up-front or on a deferred basis, is not to exceed the amount allowed by TCAC and as approved by the County. For the purposes of this Agreement "Developer Fee" has the meaning set forth in California Code of Regulations, Title 4, Section 10302(l). The total of Developer Fee paid, whether paid up-front or on a deferred basis out of Annual Operating Expenses, is not to exceed One Million Five Hundred Thousand Dollars ($1,500,000). Section 3.18 Partnership/Asset Fee. During the Fifteen Year Compliance Period, the Partnership/Asset Fee is not to exceed Thirty-Two Thousand Dollars ($32,000) per year. After the expiration of the Fifteen Year Compliance Period, the Partnership/Asset Fee is not to exceed Twenty-Five Thousand Dollars ($25,000) per year. July 12, 2016 Contra Costa County Board of Supervisors 1232 28 863\99\1888761.5 Section 3.19 NEPA Mitigation Requirements. Borrower shall comply with the NEPA mitigation requirements set forth in the attached Exhibit C in the rehabilitation of the Development. ARTICLE 4 LOAN REQUIREMENTS Section 4.1 Match Requirement. The Borrower shall ensure that the New HOME Loan is matched with a minimum of One Hundred Twenty-Five Thousand Dollars ($125,000) in other, non-federal sources, pursuant to and eligible under applicable HOME regulations. Section 4.2 Reserve Accounts. (a) Replacement Reserve Account. Borrower shall establish and maintain an account that is available for capital expenditures for repairs and replacement necessary to maintain the Development in the condition required by the Loan Documents (the "Replacement Reserve Account"). Borrower shall make annual deposits to the Replacement Reserve Account and replenish the Replacement Reserve Account in the amounts required in the Partnership Agreement and/or the documents evidencing the Bank Loan, whichever is greater. In no event shall the annual amount deposited in the Replacement Reserve Account exceed Six Hundred Dollars ($600) per unit, increasing by the applicable consumer price index every five (5) years, or such greater amount required in connection with the Partnership Agreement or any permanent financing, and approved by the County. (b) Operating Reserve Account. Borrower shall establish and maintain an account that is available to fund operating deficits (which is the amount by which Annual Operating Expenses exceed Gross Revenue for any period) (the "Operating Reserve Account"). Borrower shall capitalize the Operating Reserve Account in the amount required by TCAC (currently three months of Annual Operating Expenses); provided, however that if the Partnership Agreement or the documents evidencing the Bank Loan require the Operating Reserve Account to be capitalized and replenished in an amount greater than the TCAC requirement, Borrower shall capitalize and replenish the Operating Reserve Account as required by the Partnership Agreement or the documents evidencing the Bank Loan, as applicable, for as long as the Partnership Agreement or the Bank Loan, as applicable, is outstanding. In no event may the amount held in the Operating Reserve Account exceed six (6) months gross rent from the Development (as such rent may vary from time to time). Section 4.3 Financial Accountings and Post-Completion Audits. (a) No later than ninety (90) days following completion of rehabilitation of the Development, Borrower shall provide to the County for its review and approval a financial accounting of all sources and uses of funds for the Development. (b) No later than one hundred twenty (120) days after Permanent Conversion, Borrower shall submit an audited financial report showing the sources and uses of all funds utilized for the Development. This requirement may be satisfied by providing the Final Cost July 12, 2016 Contra Costa County Board of Supervisors 1233 29 863\99\1888761.5 Certification to the County. "Final Cost Certification" means the Final Cost Certification Sources and Uses of Funds prepared by Borrower for the Development that: (i) Borrower submits to TCAC; and (ii) has been prepared using generally accepted accounting standards in effect in the United States of America from time to time, consistently applied. Section 4.4 Approval of Annual Operating Budget. At the beginning of each year of the Term, Borrower shall provide to the County an annual budget for the operation of the Development. The County may request additional information to assist the County in evaluating the financial viability of the Development. Unless rejected by the County in writing within thirty (30) days after receipt of the budget, the budget will be deemed accepted. If rejected by the County in whole or in part, Borrower shall submit a new or corrected budget within thirty (30) calendar days after notification of the County's rejection and the reasons therefor. The provisions of this Section relating to time periods for resubmission of new or corrected budgets will continue to apply until such budget has been approved by the County. Section 4.5 Information. Borrower shall provide any information reasonably requested by the County in connection with the Development, including (but not limited to) any information required by HUD in connection with Borrower's use of the Combined County Loan funds. Section 4.6 County Audits. (a) Each year, Borrower shall provide the County with a copy of Borrower's annual audit, which is to include information on all of Borrower's activities and not just those pertaining to the Development. (b) In addition, the County may, at any time, audit all of Borrower's books, records, and accounts pertaining to the Development including but not limited to the Residual Receipts of the Development. Any such audit is to be conducted during normal business hours at the principal place of business of Borrower and wherever records are kept. Immediately after the completion of an audit, the County shall deliver a copy of the results of the audit to Borrower. (c) If it is determined as a result of an audit that there has been a deficiency in a loan repayment to the County then such deficiency will become immediately due and payable, with interest at the Default Rate from the date the deficient amount should have been paid. In addition, if the audit determines that Residual Receipts have been understated for any year by the greater of: (i) Two Thousand Five Hundred Dollars ($2,500); and (ii) an amount that exceeds five percent (5%) of the Residual Receipts, then, in addition to paying the deficiency with interest, Borrower shall pay all of the County's costs and expenses connected with the audit and review of Borrower's accounts and records. Section 4.7 Hazardous Materials. (a) Borrower shall keep and maintain the Property (including but not limited July 12, 2016 Contra Costa County Board of Supervisors 1234 30 863\99\1888761.5 to, soil and ground water conditions) in compliance with all Hazardous Materials Laws and may not cause or permit the Property to be in violation of any Hazardous Materials Law. Borrower may not cause or permit the use, generation, manufacture, storage or disposal of on, under, or about the Property or transportation to or from the Property of any Hazardous Materials, except such of the foregoing as may be customarily used in construction of projects like the Development or kept and used in and about residential property of this type. (b) Borrower shall immediately advise the County in writing if at any time it receives written notice of any Hazardous Materials Claims, and Borrower's discovery of any occurrence or condition on any real property adjoining or in the vicinity of the Property that could cause the Property or any part thereof to be classified as "border-zone property" (as defined in California Health and Safety Code Section 25117.4) under the provision of California Health and Safety Code, Section 25220 et seq., or any regulation adopted in accordance therewith, or to be otherwise subject to any restrictions on the ownership, occupancy, transferability or use of the Property under any Hazardous Materials Law. (c) The County has the right to join and participate in, as a party if it so elects, and be represented by counsel acceptable to the County (or counsel of its own choice if a conflict exists with Borrower) in any legal proceedings or actions initiated in connection with any Hazardous Materials Claims and to have its reasonable attorneys' fees in connection therewith paid by Borrower. (d) Borrower shall indemnify and hold harmless the County and its board members, supervisors, directors, officers, employees, agents, successors and assigns from and against any loss, damage, cost, fine, penalty, judgment, award, settlement, expense or liability, directly or indirectly arising out of or attributable to: (i) any actual or alleged past or present violation of any Hazardous Materials Law; (ii) any Hazardous Materials Claim; (iii) any actual or alleged past or present use, generation, manufacture, storage, release, threatened release, discharge, disposal, transportation, or presence of Hazardous Materials on, under, or about the Property; (iv) any investigation, cleanup, remediation, removal, or restoration work of site conditions of the Property relating to Hazardous Materials (whether on the Property or any other property); and (v) the breach of any representation of warranty by or covenant of Borrower in this Section 4.7, and Section 5.1(m). Such indemnity shall include, without limitation: (x) all consequential damages; (y) the costs of any required or necessary investigation, repair, cleanup or detoxification of the Property and the preparation and implementation of any closure, remedial or other required plans; and (z) all reasonable costs and expenses incurred by the County in connection with clauses (x) and (y), including but not limited to reasonable attorneys' fees and consultant fees. This indemnification applies whether or not any government agency has issued a cleanup order. Losses, claims, costs, suits, liability, and expenses covered by this indemnification provision include, but are not limited to: (1) losses attributable to diminution in the value of the Property, (2) loss or restriction of use of rentable space on the Property, (3) adverse effect on the marketing of any rental space on the Property, and (4) penalties and fines levied by, and remedial or enforcement actions of any kind issued by any regulatory agency (including but not limited to the costs of any required testing, remediation, repair, removal, cleanup or detoxification of the Property and surrounding properties). This obligation to indemnify will survive termination of this Agreement and will not be diminished or affected in any respect as a July 12, 2016 Contra Costa County Board of Supervisors 1235 31 863\99\1888761.5 result of any notice, disclosure, knowledge, if any, to or by the County of Hazardous Materials. (e) Without the County's prior written consent, which will not be unreasonably withheld, Borrower may not take any remedial action in response to the presence of any Hazardous Materials on, under or about the Property, nor enter into any settlement agreement, consent decree, or other compromise in respect to any Hazardous Material Claims, which remedial action, settlement, consent decree or compromise might, in the County's judgment, impair the value of the County's security hereunder; provided, however, that the County's prior consent is not necessary in the event that the presence of Hazardous Materials on, under, or about the Property either poses an immediate threat to the health, safety or welfare of any individual or is of such a nature that an immediate remedial response is necessary and it is not reasonably possible to obtain the County's consent before taking such action, provided that in such event Borrower shall notify the County as soon as practicable of any action so taken. The County agrees not to withhold its consent, where such consent is required hereunder, if: (i) a particular remedial action is ordered by a court of competent jurisdiction; (ii) Borrower will or may be subjected to civil or criminal sanctions or penalties if it fails to take a required action; (iii) Borrower establishes to the satisfaction of the County that there is no reasonable alternative to such remedial action which would result in less impairment of the County's security hereunder; or (iv) the action has been agreed to by the County. (f) Borrower hereby acknowledges and agrees that: (i) this Section is intended as the County's written request for information (and Borrower's response) concerning the environmental condition of the Property as required by California Code of Civil Procedure Section 726.5; and (ii) each representation and warranty in this Agreement (together with any indemnity obligation applicable to a breach of any such representation and warranty) with respect to the environmental condition of the Property is intended by the Parties to be an "environmental provision" for purposes of California Code of Civil Procedure Section 736. (g) In the event that any portion of the Property is determined to be "environmentally impaired" (as that term is defined in California Code of Civil Procedure Section 726.5(e)(3)) or to be an "affected parcel" (as that term is defined in California Code of Civil Procedure Section 726.5(e)(1)), then, without otherwise limiting or in any way affecting the County's or the trustee's rights and remedies under the Deed of Trust, the County may elect to exercise its rights under California Code of Civil Procedure Section 726.5(a) to: (i) waive its lien on such environmentally impaired or affected portion of the Property; and (ii) exercise, (1) the rights and remedies of an unsecured creditor, including reduction of its claim against Borrower to judgment, and (2) any other rights and remedies permitted by law. For purposes of determining the County's right to proceed as an unsecured creditor under California Code of Civil Procedure Section 726.5(a), Borrower will be deemed to have willfully permitted or acquiesced in a release or threatened release of Hazardous Materials, within the meaning of California Code of Civil Procedure Section 726.5(d)(1), if the release or threatened release of Hazardous Materials was knowingly or negligently caused or contributed to by any lessee, occupant, or user of any portion of the Property and Borrower knew or should have known of the activity by such lessee, occupant, or user which July 12, 2016 Contra Costa County Board of Supervisors 1236 32 863\99\1888761.5 caused or contributed to the release or threatened release. All costs and expenses, including (but not limited to) attorneys' fees, incurred by the County in connection with any action commenced under this paragraph, including any action required by California Code of Civil Procedure Section 726.5(b) to determine the degree to which the Property is environmentally impaired, plus interest thereon at the Default Rate, until paid, will be added to the indebtedness secured by the Deed of Trust and is due and payable to the County upon its demand made at any time following the conclusion of such action. Section 4.8 Maintenance; Damage and Destruction. (a) During the course of both construction and operation of the Development, Borrower shall maintain the Development and the Property in good repair and in a neat, clean and orderly condition, and in accordance with the Regulatory Agreements. (b) Subject to the requirements of senior lenders, and if economically feasible in the County's judgment after consultation with Borrower, if any improvement now or in the future on the Property is damaged or destroyed, then Borrower shall, at its cost and expense, diligently undertake to repair or restore such improvement consistent with the plans and specifications approved by the County with such changes as have been approved by the County. Such work or repair is to be commenced no later than the later of one hundred twenty (120) days, or such longer period approved by the County in writing, after the damage or loss occurs or thirty (30) days following receipt of the insurance proceeds, and is to be complete within one (1) year thereafter. Any insurance proceeds collected for such damage or destruction are to be applied to the cost of such repairs or restoration and, if such insurance proceeds are insufficient for such purpose, then Borrower shall make up the deficiency. If Borrower does not promptly make such repairs then any insurance proceeds collected for such damage or destruction are to be promptly delivered by Borrower to the County as a special repayment of the Combined County Loan, subject to the rights of the senior lenders, if any. Section 4.9 Fees and Taxes. Borrower is solely responsible for payment of all fees, assessments, taxes, charges, and levies imposed by any public authority or utility company with respect to the Property or the Development, and shall pay such charges prior to delinquency and at such times and in such manner as to prevent any penalty from accruing, or any lien or charge from attaching to the Property. Borrower is also solely responsible for payment of all personal property taxes, and all franchise, income, employment, old age benefit, withholding, sales, and other taxes assessed against it, or payable by it, and shall pay such charges prior to delinquency and at such times and in such manner as to prevent any penalty from accruing, or any lien or charge from attaching to the Property. However, Borrower is not required to pay and discharge any such charge so long as: (i) the legality thereof is being contested diligently and in good faith and by appropriate proceedings; and (ii) if requested by the County, Borrower deposits with the County any funds or other forms of assurance that the County in good faith from time to time determines appropriate to protect the County from the consequences of the contest being unsuccessful. July 12, 2016 Contra Costa County Board of Supervisors 1237 33 863\99\1888761.5 In the event Borrower exercises its right to contest any tax, assessment, or charge against it, Borrower, on final determination of the proceeding or contest, will immediately pay or discharge any decision or judgment rendered against it, together with all costs, charges and interest. Borrower shall not apply for a property tax exemption for the Property under any provision of law except California Revenue and Taxation Section 214(g) without the prior written consent of the County. Section 4.10 Notice of Litigation. Borrower shall promptly notify the County in writing of any litigation that has the potential to materially affect Borrower or the Property and of any claims or disputes that involve a material risk of such litigation. Section 4.11 Operation of Development as Affordable Housing. Borrower shall operate the Development (i) in accordance with all applicable laws, codes, ordinances, rules and regulations of federal, state, county or municipal governments or agencies now in force or that may be enacted hereafter, and (ii) as an affordable housing development consistent with: (1) HUD's requirements for use of HOPWA Funds and HOME Funds; (2) the Regulatory Agreements; and (3) any other regulatory requirements imposed on Borrower including but not limited to regulatory agreements associated with the Combined City Loan, MHP Loan, and Low Income Housing Tax Credits provided by TCAC. Section 4.12 Nondiscrimination. (a) Borrower covenants by and for itself and its successors and assigns that there will be no discrimination against or segregation of a person or of a group of persons on account of race, color, religion, creed, age (except for lawful senior housing in accordance with state and federal law), familial status, disability, sex, sexual orientation, marital status, ancestry or national origin in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Property, nor may Borrower or any person claiming under or through Borrower establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees in the Property. The foregoing covenant will run with the land. (b) Nothing in this Section prohibits Borrower from requiring County Assisted Units in the Development to be available to and occupied by income eligible households in accordance with the Regulatory Agreements, or from requiring the HOPWA- Assisted Units in the Development to be available to and occupied by HOPWA Eligible Households. Section 4.13 Transfer. (a) For purposes of this Agreement, "Transfer" means any sale, assignment, or transfer, whether voluntary or involuntary, of: (i) any rights and/or duties under this July 12, 2016 Contra Costa County Board of Supervisors 1238 34 863\99\1888761.5 Agreement; and/or (ii) any interest in the Development, including (but not limited to) a fee simple interest, a joint tenancy interest, a life estate, a partnership interest, a leasehold interest, a security interest, or an interest evidenced by a land contract by which possession of the Development is transferred and Borrower retains title. The term "Transfer" excludes the leasing of any single unit in the Development to an occupant in compliance with the Regulatory Agreements. The County Deputy Director – Department of Conservation and Development is authorized to execute assignment and assumption agreements on behalf of the County to implement any approved Transfer. (b) Except as otherwise permitted in this Section 4.13, no Transfer is permitted without the prior written consent of the County, which the County may withhold in its sole discretion. The Combined County Loan will automatically accelerate and be due in full upon any Transfer made without the prior written consent of the County. (c) The County hereby approves future Transfers of the limited partner interest of Borrower provided that: (i) such Transfers do not affect the timing and amount of the Investor Limited Partner capital contributions provided for in the Partnership Agreement; and (ii) in subsequent Transfers, the Investor Limited Partner or an affiliate thereof, retains a membership or partnership interest and serves as a managing member or managing general partner of the successor limited partner. (d) The County hereby approves a Transfer of the Property from Borrower to Eden, or a non-profit affiliate of Eden, and an assumption of the Combined County Loan by such transferee at the end of the Fifteen Year Compliance Period, provided that: (i) such Transfer is pursuant to an option or right of first refusal agreement referenced in the Partnership Agreement, and (ii) the transferee expressly assumes the obligations of the Borrower under the Loan Documents, utilizing a form of assignment and assumption agreement provided by the County. (e) The County hereby approves the purchase of the Investor Limited Partner interest by Eden, or a non-profit affiliate of Eden at the end of the Fifteen Year Compliance Period, provided that such Transfer is pursuant to an option or right of first refusal agreement referenced in the Partnership Agreement. (f) In the event the general partner of Borrower is removed by the limited partner of Borrower for cause following default under the Partnership Agreement, the County hereby approves the Transfer of the general partner interest to (i) a 501(c)(3) tax exempt nonprofit corporation or other entity with a 501(c)(3) tax exempt nonprofit corporation member or partner, which entity is also a qualified CHDO entity, that is selected by the Investor Limited Partner and approved by the County, and (ii) the Investor Limited Partner or an affiliate thereof, but only for a period not to exceed ninety (90) days from the date of removal of the general partner, during which time such entity shall diligently seek a replacement general partner meeting the requirements of subsection (i) above. If any Transfer results in the removal or withdrawal of Borrower's general partner, Borrower agrees to repay all principal and accrued interest on the HOME Funds portion of the Loan in full if the general partner is not replaced with a qualified CHDO entity in accordance with this Subsection. July 12, 2016 Contra Costa County Board of Supervisors 1239 35 863\99\1888761.5 (g) The County hereby approves the grant of the security interests in the Development for Approved Financing. Section 4.14 Insurance Requirements. (a) Borrower shall maintain the following insurance coverage throughout the Term of the Combined County Loan: (i) Workers' Compensation insurance to the extent required by law, including Employer's Liability coverage, with limits not less than One Million Dollars ($1,000,000) each accident. (ii) Commercial General Liability insurance with limits not less than Two Million Dollars ($2,000,000) each occurrence combined single limit for Bodily Injury and Property Damage, including coverages for Contractual Liability, Personal Injury, Broadform Property Damage, Products and Completed Operations. (iii) Automobile Liability insurance with limits not less than One Million Dollars ($1,000,000) each occurrence combined single limit for Bodily Injury and Property Damage, including coverages for owned, non-owned and hired vehicles, as applicable. (iv) Builders' Risk insurance during the course of construction, and upon completion of construction, property insurance covering the Development, in form appropriate for the nature of such property, covering all risks of loss, excluding earthquake, for one hundred percent (100%) of the replacement value, with deductible, if any, acceptable to the County, naming the County as a Loss Payee, as its interests may appear. Flood insurance must be obtained if required by applicable federal regulations. (v) Commercial crime insurance covering all officers and employees, for loss of Combined County Loan proceeds caused by dishonesty, in an amount approved by the County, naming the County a Loss Payee, as its interests may appear. (b) Borrower shall cause any general contractor, agent, or subcontractor working on the Development under direct contract with Borrower or subcontract to maintain insurance of the types and in at least the minimum amounts described in subsections (i), (ii), and (iii) above, except that the limit of liability for commercial general liability insurance for subcontractors must be One Million Dollars ($1,000,000), and must require that such insurance will meet all of the general requirements of subsections (d) and (e) below. (c) The required insurance must be provided under an occurrence form, and Borrower shall maintain the coverage described in subsection (a) continuously throughout the Term. Should any of the required insurance be provided under a form of coverage that includes an annual aggregate limit or provides that claims investigation or legal defense costs be included in such annual aggregate limit, such annual aggregate limit must be three times the occurrence limits specified above. (d) Commercial General Liability, Automobile Liability and Property insurance policies must be endorsed to name as an additional insured the County and its July 12, 2016 Contra Costa County Board of Supervisors 1240 36 863\99\1888761.5 officers, agents, employees and members of the County Board of Supervisors. (e) All policies and bonds are to contain: (i) the agreement of the insurer to give the County at least thirty (30) days' notice prior to cancellation (including, without limitation, for non-payment of premium) or any material change in said policies; (ii) an agreement that such policies are primary and non-contributing with any insurance that may be carried by the County; (iii) a provision that no act or omission of Borrower shall affect or limit the obligation of the insurance carrier to pay the amount of any loss sustained; and (iv) a waiver by the insurer of all rights of subrogation against the County and its authorized parties in connection with any loss or damage thereby insured against. Section 4.15 Covenants Regarding Approved Financing and Partnership Agreement. (a) Borrower shall promptly pay the principal and interest when due on any Approved Financing. (b) Borrower shall promptly notify the County in writing of the existence of any default under any documents evidencing Approved Financing whether or not a default has been declared by the lender, and any defaults under the Partnership Agreement, and provide the County copies of any notice of default. (c) Borrower may not amend, modify, supplement, cancel or terminate the Partnership Agreement or any documents related to any loan that is part of the Approved Financing without the prior written consent of the County except for amendments solely to effectuate Transfers permitted under Section 4.13 above. (d) Borrower may not incur any indebtedness of any kind other than Approved Financing or encumber the Development with any liens (other than liens for Approved Financing approved by the County) without the prior written consent of the County. (e) The Partnership Agreement may not include any provisions that conflict with the provisions of this Agreement, including, without limitation, the Residual Receipts payment provisions of Section 2.8 above. ARTICLE 5 REPRESENTATIONS AND WARRANTIES OF BORROWER Section 5.1 Representations and Warranties. Borrower hereby represents and warrants to the County as follows and acknowledges, understands, and agrees that the representations and warranties set forth in this Article 5 are deemed to be continuing during all times when any portion of the Combined County Loan remains outstanding: (a) Organization. Borrower is duly organized, validly existing and in good July 12, 2016 Contra Costa County Board of Supervisors 1241 37 863\99\1888761.5 standing under the laws of the State of California and has the power and authority to own its property and carry on its business as now being conducted. (b) CHDO Requirement. Borrower's managing general partner is wholly owned and controlled by a qualified CHDO in good standing as defined in 24 C.F.R. 92.2, and required in 24 C.F.R. 92.300 (a)(1). (c) Authority of Borrower. Borrower has full power and authority to execute and deliver this Agreement and to make and accept the borrowings contemplated hereunder, to execute and deliver the Loan Documents and all other documents or instruments executed and delivered, or to be executed and delivered, pursuant to this Agreement, and to perform and observe the terms and provisions of all of the above. (d) Authority of Persons Executing Documents. This Agreement and the Loan Documents and all other documents or instruments executed and delivered, or to be executed and delivered, pursuant to this Agreement have been executed and delivered by persons who are duly authorized to execute and deliver the same for and on behalf of Borrower, and all actions required under Borrower's organizational documents and applicable governing law for the authorization, execution, delivery and performance of this Agreement and the Loan Documents and all other documents or instruments executed and delivered, or to be executed and delivered, pursuant to this Agreement, have been duly taken. (e) Valid Binding Agreements. The Loan Documents and all other documents or instruments executed and delivered pursuant to or in connection with this Agreement constitute or, if not yet executed or delivered, will when so executed and delivered constitute, legal, valid and binding obligations of Borrower enforceable against it in accordance with their respective terms. (f) No Breach of Law or Agreement. Neither the execution nor delivery of the Loan Documents or of any other documents or instruments executed and delivered, or to be executed or delivered, pursuant to this Agreement, nor the performance of any provision, condition, covenant or other term hereof or thereof, will: (i) conflict with or result in a breach of any statute, rule or regulation, or any judgment, decree or order of any court, board, commission or agency whatsoever that is binding on Borrower, or conflict with any provision of the organizational documents of Borrower, or conflict with any agreement to which Borrower is a party; or (ii) result in the creation or imposition of any lien upon any assets or property of Borrower, other than liens established pursuant hereto. (g) Compliance with Laws; Consents and Approvals. The rehabilitation of the Development will comply with all applicable laws, ordinances, rules and regulations of federal, state and local governments and agencies and with all applicable directions, rules and regulations of the fire marshal, health officer, building inspector and other officers of any such government or agency. (h) Pending Proceedings. Borrower is not in default under any law or regulation or under any order of any court, board, commission or agency whatsoever, and there are no claims, actions, suits or proceedings pending or, to the knowledge of Borrower, threatened against or affecting Borrower or the Development, at law or in equity, before or July 12, 2016 Contra Costa County Board of Supervisors 1242 38 863\99\1888761.5 by any court, board, commission or agency whatsoever which might, if determined adversely to Borrower, materially affect Borrower's ability to repay the Combined County Loan or impair the security to be given to the County pursuant hereto. (i) Title to Land. At the time of recordation of the Deed of Trust, Borrower will have good and marketable fee title to the Development and there will exist thereon or with respect thereto no mortgage, lien, pledge or other encumbrance of any character whatsoever other than liens shown on the County's title policy provided pursuant to Section 2.6(h) above, or approved in writing by the County. (j) Financial Statements. The financial statements of Borrower and other financial data and information furnished by Borrower to the County fairly and accurately present the information contained therein. As of the date of this Agreement, there has not been any material adverse change in the financial condition of Borrower from that shown by such financial statements and other data and information. (k) Sufficient Funds. Borrower holds sufficient funds and/or binding commitments for sufficient funds to complete the acquisition of the Property and the rehabilitation of the Development in accordance with the terms of this Agreement. (l) Taxes. Borrower and its subsidiaries have filed all federal and other material tax returns and reports required to be filed, and have paid all federal and other material taxes, assessments, fees and other governmental charges levied or imposed upon them or their income or the Property otherwise due and payable, except those that are being contested in good faith by appropriate proceedings and for which adequate reserves have been provided in accordance with generally accepted accounting principles. There is no proposed tax assessment against Borrower or any of its subsidiaries that could, if made, be reasonably expected to have a material adverse effect on the property, liabilities (actual or contingent), operations, condition (financial or otherwise) or prospects of Borrower and its subsidiaries, taken as a whole, or which could result in (i) a material impairment of the ability of Borrower to perform under any loan document to which it is a party, or (ii) a material adverse effect upon the legality, validity, binding effect or enforceability against Borrower of any Loan Document. (m) Hazardous Materials. To the best of Borrower's knowledge, except as disclosed in writing by Borrower to the County prior to the date of this Agreement: (i) no Hazardous Material has been disposed of, stored on, discharged from, or released to or from, or otherwise now exists in, on, under, or around, the Property; (ii) neither the Property nor Borrower is in violation of any Hazardous Materials Law; and (iii) neither the Property nor Borrower is subject to any existing, pending or threatened Hazardous Materials Claims. July 12, 2016 Contra Costa County Board of Supervisors 1243 39 863\99\1888761.5 ARTICLE 6 DEFAULT AND REMEDIES Section 6.1 Events of Default. Any one or more of the following constitutes an "Event of Default" by Borrower under this Agreement: (a) Failure to Construct. If Borrower fails to obtain permits, or to commence and prosecute construction of the Development to completion, within the times set forth in Article 3 above. (b) Failure to Make Payment. If Borrower fails to make any payment when such payment is due pursuant to the Loan Documents. (c) Failure to Submit Plans. If Borrower fails to submit a Marketing Plan, Tenant Selection Plan, or Social Services Plan that is approved by the County in accordance with the HOME/HOPWA Regulatory Agreement. (d) Breach of Covenants. If Borrower fails to duly perform, comply with, or observe any other condition, term, or covenant contained in this Agreement (other than as set forth in Section 6.1(a) through Section 6.1(c), and Section 6.1(e) through Section 6.1(m)), or in any of the other Loan Documents, and Borrower fails to cure such default within thirty (30) days after receipt of written notice thereof from the County to Borrower. (e) Default Under Other Loans. If a default is declared under any other financing for the Development by the lender of such financing and such default remains uncured following any applicable notice and cure period. (f) Insolvency. If a court having jurisdiction makes or enters any decree or order: (i) adjudging Borrower to be bankrupt or insolvent; (ii) approving as properly filed a petition seeking reorganization of Borrower, or seeking any arrangement for Borrower under the bankruptcy law or any other applicable debtor's relief law or statute of the United States or any state or other jurisdiction; (iii) appointing a receiver, trustee, liquidator, or assignee of Borrower in bankruptcy or insolvency or for any of their properties; (iv) directing the winding up or liquidation of Borrower if any such decree or order described in clauses (i) to (iv), inclusive, is unstayed or undischarged for a period of ninety (90) calendar days; or (v) Borrower admits in writing its inability to pay its debts as they fall due or will have voluntarily submitted to or filed a petition seeking any decree or order of the nature described in clauses (i) to (iv), inclusive. The occurrence of any of the Events of Default in this paragraph will act to accelerate automatically, without the need for any action by the County, the indebtedness evidenced by the Notes. (g) Assignment; Attachment. If Borrower assigns its assets for the benefit of its creditors or suffers a sequestration or attachment of or execution on any substantial part of its property, unless the property so assigned, sequestered, attached or executed upon is returned or released within ninety (90) calendar days after such event or, if sooner, prior to sale pursuant to such sequestration, attachment, or execution. The occurrence of any of the July 12, 2016 Contra Costa County Board of Supervisors 1244 40 863\99\1888761.5 events of default in this paragraph shall act to accelerate automatically, without the need for any action by the County, the indebtedness evidenced by the Notes. (h) Suspension; Termination. If Borrower voluntarily suspends its business or, the partnership is dissolved or terminated, other than a technical termination of the partnership for tax purposes. (i) Liens on Property and the Development. If any claim of lien (other than liens allowed pursuant to any Loan Document or approved in writing by the County) is filed against the Development or any part thereof, or any interest or right made appurtenant thereto, or the service of any notice to withhold proceeds of the Combined County Loan and the continued maintenance of said claim of lien or notice to withhold for a period of twenty (20) days, without discharge or satisfaction thereof or provision therefor (including, without limitation, the posting of bonds) satisfactory to the County. (j) Condemnation. If there is a condemnation, seizure, or appropriation of all or the substantial part of the Property and the Development other than by the County. (k) Unauthorized Transfer. If any Transfer occurs other than as permitted pursuant to Section 4.13. (l) Representation or Warranty Incorrect. If any Borrower representation or warranty contained in this Agreement, or in any application, financial statement, certificate, or report submitted to the County in connection with any of the Loan Documents, proves to have been incorrect in any material respect when made. (m) Applicability to General Partner. The occurrence of any of the events set forth in Section 6.1(f) through Section 6.1(h) in relation to Borrower's managing general partner, unless the removal and replacement of the Borrower's managing general partner in accordance with Section 4.13(f) within the time frame set forth in Section 6.5 cures such a default. Section 6.2 Remedies. Upon the occurrence of an Event of Default and until such Even of Default is cured or waived, the County is relieved of any obligation to disburse any portion of the New Loan. In addition, upon the occurrence of an Event of Default and following the expiration of all applicable notice and cure periods the County may proceed with any and all remedies available to it under law, this Agreement, and the other Loan Documents. Such remedies include but are not limited to the following: (a) Acceleration of Notes. The County may cause all indebtedness of Borrower to the County under this Agreement and the Notes, together with any accrued interest thereon, to become immediately due and payable. Borrower waives all right to presentment, demand, protest or notice of protest or dishonor. The County may proceed to enforce payment of the indebtedness and to exercise any or all rights afforded to the County as a creditor and secured party under the law including the Uniform Commercial Code, including foreclosure under the Deed of Trust. Borrower is liable to pay the County on July 12, 2016 Contra Costa County Board of Supervisors 1245 41 863\99\1888761.5 demand all reasonable expenses, costs and fees (including, without limitation, reasonable attorney's fees and expenses) paid or incurred by the County in connection with the collection of the Combined County Loan and the preservation, maintenance, protection, sale, or other disposition of the security given for the Combined County Loan. (b) Specific Performance. The County has the right to mandamus or other suit, action or proceeding at law or in equity to require Borrower to perform its obligations and covenants under the Loan Documents or to enjoin acts on things that may be unlawful or in violation of the provisions of the Loan Documents. (c) Right to Cure at Borrower's Expense. The County has the right (but not the obligation) to cure any monetary default by Borrower under a loan other than the Combined County Loan. Upon demand therefor, Borrower shall reimburse the County for any funds advanced by the County to cure such monetary default by Borrower, together with interest thereon from the date of expenditure until the date of reimbursement at the Default Rate. Section 6.3 Right of Contest. Borrower may contest in good faith any claim, demand, levy, or assessment the assertion of which would constitute an Event of Default hereunder. Any such contest is to be prosecuted diligently and in a manner unprejudicial to the County or the rights of the County hereunder. Section 6.4 Remedies Cumulative. No right, power, or remedy given to the County by the terms of this Agreement or the other Loan Documents is intended to be exclusive of any other right, power, or remedy; and each and every such right, power, or remedy is cumulative and in addition to every other right, power, or remedy given to the County by the terms of any such instrument, or by any statute or otherwise against Borrower and any other person. Neither the failure nor any delay on the part of the County to exercise any such rights and remedies will operate as a waiver thereof, nor does any single or partial exercise by the County of any such right or remedy preclude any other or further exercise of such right or remedy, or any other right or remedy. Section 6.5 Notice and Cure Rights of Limited Partner. The County shall provide the Investor Limited Partner and any limited partner of Borrower who has requested written notice from the County ("Permitted Limited Partner") a duplicate copy of all notices of default that the County may give to or serve in writing upon Borrower pursuant to the terms of the Loan Documents, at the address set forth in Section 7.9, provided, the County shall have no liability to the Permitted Limited Partner for its failure to do so. The Permitted Limited Partner has the right, but not the obligation, to cure any default of Borrower set forth in such notice, during the applicable cure period described in the Loan Documents, and the County will accept tender of such cure as if delivered by Borrower. If the Permitted Limited Partner is unable to cure a default because Borrower's general partner is in bankruptcy and/or because the cure requires removal of the general partner of Borrower and the Permitted Limited Partner is proceeding diligently to remove the general partner of Borrower in order to effect a cure of the Default, the cure period will be extended for such reasonable time as is necessary for the July 12, 2016 Contra Costa County Board of Supervisors 1246 42 863\99\1888761.5 Permitted Limited Partner to effect a cure of the Default, but in no event longer than sixty (60) days after the date of receipt by the Permitted Limited Partner of written notice of the default. ARTICLE 7 GENERAL PROVISIONS Section 7.1 Relationship of Parties. Nothing contained in this Agreement is to be interpreted or understood by any of the Parties, or by any third persons, as creating the relationship of employer and employee, principal and agent, limited or general partnership, or joint venture between the County and Borrower or its agents, employees or contractors, and Borrower will at all times be deemed an independent contractor and to be wholly responsible for the manner in which it or its agents, or both, perform the services required of it by the terms of this Agreement. Borrower has and retains the right to exercise full control of employment, direction, compensation, and discharge of all persons assisting in the performance of services under the Agreement. In regards to the construction and operation of the Development, Borrower is solely responsible for all matters relating to payment of its employees, including compliance with Social Security, withholding, and all other laws and regulations governing such matters, and must include requirements in each contract that contractors are solely responsible for similar matters relating to their employees. Borrower is solely responsible for its own acts and those of its agents and employees. Section 7.2 No Claims. Nothing contained in this Agreement creates or justifies any claim against the County by any person that Borrower may have employed or with whom Borrower may have contracted relative to the purchase of materials, supplies or equipment, or the furnishing or the performance of any work or services with respect to the purchase of the Property, the construction or operation of the Development, and Borrower shall include similar requirements in any contracts entered into for the construction or operation of the Development. Section 7.3 Amendments. No alteration or variation of the terms of this Agreement is valid unless made in writing by the Parties. The County Deputy Director, Department of Conservation and Development is authorized to execute on behalf of the County amendments to the Loan Documents or amended and restated Loan Documents as long as any discretionary change in the amount or terms of this Agreement is approved by the County's Board of Supervisors. Section 7.4 Indemnification. Borrower shall indemnify, defend and hold the County and its board members, supervisors, directors, officers, employees, agents, successors and assigns harmless against any and all claims, suits, actions, losses and liability of every kind, nature and description made against it and expenses (including reasonable attorneys' fees) which arise out of or in connection with this Agreement, including but not limited to the purchase of the Property and the development, construction, marketing and operation of the Development, except to the extent such claim arises from the gross negligence or willful misconduct of the County, its agents, and July 12, 2016 Contra Costa County Board of Supervisors 1247 43 863\99\1888761.5 its employees. The provisions of this Section will survive the expiration of the Term and the reconveyance of the Deed of Trust. Section 7.5 Non-Liability of County Officials, Employees and Agents. No member, official, employee or agent of the County is personally liable to Borrower in the event of any default or breach of this Agreement by the County or for any amount that may become due from the County pursuant to this Agreement. Section 7.6 No Third Party Beneficiaries. There are no third party beneficiaries to this Agreement. Section 7.7 Discretion Retained By County. The County's execution of this Agreement in no way limits any discretion the County may have in the permit and approval process related to the construction of the Development. Section 7.8 Conflict of Interest. (a) Except for approved eligible administrative or personnel costs, no person described in Section 7.8(b) below who exercises or has exercised any functions or responsibilities with respect to the activities funded pursuant to this Agreement or who is in a position to participate in a decision-making process or gain inside information with regard to such activities, may obtain a financial interest or benefit from the activity, or have a financial interest in any contract, subcontract or agreement with respect thereto, or the proceeds thereunder, either for themselves or those with whom they have immediate family or business ties, during, or at any time after, such person's tenure. Borrower shall exercise due diligence to ensure that the prohibition in this Section 7.8(a) is followed. (b) The conflict of interest provisions of Section 7.8(a) above apply to any person who is an employee, agent, consultant, officer, or elected or appointed official of the County. (c) In accordance with California Government Code Section 1090 and the Political Reform Act, California Government Code section 87100 et seq., no person who is a director, officer, partner, trustee or employee or consultant of Borrower, or immediate family member of any of the preceding, may make or participate in a decision, made by the County or a County board, commission or committee, if it is reasonably foreseeable that the decision will have a material effect on any source of income, investment or interest in real property of that person or Borrower. Interpretation of this section is governed by the definitions and provisions used in the Political Reform Act, California Government Code Section 87100 et seq., its implementing regulations manual and codes, and California Government Code Section 1090. Section 7.9 Notices, Demands and Communications. All notices required or permitted by any provision of this Agreement must be in writing July 12, 2016 Contra Costa County Board of Supervisors 1248 44 863\99\1888761.5 and sent by registered or certified mail, postage prepaid, return receipt requested, or delivered by express delivery service, return receipt requested, or delivered personally, to the principal office of the Parties as follows: County: County of Contra Costa Department of Conservation and Development 30 Muir Road Martinez, CA 94553 Attention: Affordable Housing Program Manager Borrower: VL, L.P. c/o VL, LLC 22645 Grand Street Hayward, CA 94541 Attention: President Investor Limited Partner: Wells Fargo Affordable Housing Community Development Corporation 301 S. College Street, MAC D1053-170 Charlotte, NC 28288 Attn: Director of Tax Credit Asset Management Such written notices, demands and communications may be sent in the same manner to such other addresses as the affected party may from time to time designate by mail as provided in this Section. Receipt will be deemed to have occurred on the date shown on a written receipt as the date of delivery or refusal of delivery (or attempted delivery if undeliverable). Section 7.10 Applicable Law. This Agreement is governed by the laws of the State of California. Section 7.11 Parties Bound. Except as otherwise limited herein, this Agreement binds and inures to the benefit of the parties and their heirs, executors, administrators, legal representatives, successors, and assigns. This Agreement is intended to run with the land and to bind Borrower and its successors and assigns in the Property and the Development for the entire Term, and the benefit hereof is to inure to the benefit of the County and its successors and assigns. Section 7.12 Attorneys' Fees. If any lawsuit is commenced to enforce any of the terms of this Agreement, the prevailing party will have the right to recover its reasonable attorneys' fees and costs of suit from the other party. July 12, 2016 Contra Costa County Board of Supervisors 1249 45 863\99\1888761.5 Section 7.13 Severability. If any term of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions will continue in full force and effect unless the rights and obligations of the parties have been materially altered or abridged by such invalidation, voiding or unenforceability. Section 7.14 Force Majeure. In addition to specific provisions of this Agreement, performance by either party will not be deemed to be in default where delays or defaults are due to war, insurrection, strikes, lock- outs, riots, floods, earthquakes, fires, quarantine restrictions, freight embargoes, lack of transportation, or court order. An extension of time for any cause will be deemed granted if notice by the party claiming such extension is sent to the other within ten (10) days from the commencement of the cause and such extension of time is not rejected in writing by the other party within ten (10) days after receipt of the notice. In no event will the County be required to agree to cumulative delays in excess of one hundred eighty (180) days. Section 7.15 County Approval. The County has authorized the County Deputy Director- Department of Conservation and Development to execute the Loan Documents and deliver such approvals or consents as are required by this Agreement, and to execute estoppel certificates concerning the status of the Combined County Loan and the existence of Borrower defaults under the Loan Documents. Section 7.16 Waivers. Any waiver by the County of any obligation or condition in this Agreement must be in writing. No waiver will be implied from any delay or failure by the County to take action on any breach or default of Borrower or to pursue any remedy allowed under this Agreement or applicable law. Any extension of time granted to Borrower to perform any obligation under this Agreement does not operate as a waiver or release from any of its obligations under this Agreement. Consent by the County to any act or omission by Borrower may not be construed to be consent to any other or subsequent act or omission or to waive the requirement for the County's written consent to future waivers. Section 7.17 Title of Parts and Sections. Any titles of the sections or subsections of this Agreement are inserted for convenience of reference only and are to be disregarded in interpreting any part of the Agreement's provisions. Section 7.18 Entire Understanding of the Parties. The Loan Documents constitute the entire agreement of the parties with respect to the Combined County Loan. July 12, 2016 Contra Costa County Board of Supervisors 1250 46 863\99\1888761.5 Section 7.19 Multiple Originals; Counterpart. This Agreement may be executed in multiple originals, each of which is deemed to be an original, and may be signed in counterparts. Remainder of Page Left Intentionally Blank July 12, 2016 Contra Costa County Board of Supervisors 1251 Signature page County Loan Agreement 863\99\1888761.5 47 The parties are entering into this Agreement as of the last date set forth below. COUNTY: COUNTY OF CONTRA COSTA, a political subdivision of the State of California By: ____________________________________ Name: ____________________________________ Its: ____________________________________ Date: July ____, 2016 APPROVED AS TO FORM: SHARON L. ANDERSON County Counsel By: ______________________ Kathleen Andrus Deputy County Counsel BORROWER: VL, L.P., a California limited partnership By: VL LLC, a California limited liability company, its general partner By: Eden Housing, Inc., a California nonprofit public benefit corporation, its manager By:_______________________ Linda Mandolini, President Date: July____, 2016 July 12, 2016 Contra Costa County Board of Supervisors 1252 A-1 863\99\1888761.5 EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY The land is situated in the State of California, County of Contra Costa, and is described as follows: July 12, 2016 Contra Costa County Board of Supervisors 1253 B-1 863\99\1888761.5 EXHIBIT B APPROVED DEVELOPMENT BUDGET July 12, 2016 Contra Costa County Board of Supervisors 1254 C-1 863\99\1888761.5 EXHIBIT C NEPA MITIGATION REQUIREMENTS NEPA Mitigation and Monitoring Plan – _Virginia Lane Apartments ___ All mitigations / conditions of approval must be included in project agreement and/or legal documents. Compliance with mitigations / conditions of approval must be documented prior to final payment of County funds Mitigation Measure(s) Source Method and date County staff informed Project Sponsor Included in County loan document and /or project agreement Verification of Mitigation Measure(s) Responsible for implementation Mitigation Timing Responsible for monitoring and reporting on implementation Monitoring and reporting frequency Verification of compliance Date completed Comments Asbestos Containing Materials Essel Environmental Engineering & Consulting Limited Hazardous Materials Survey Report Copy of Bay Area Air Quality Management District permit Asbestos licensed contractor Pre and post rehabilitation Architect and contractor Once after rehabilitation has been completed Certification/permit post rehabilitation Lead- Based Paint Essel Environmental Engineering & Consulting Limited Hazardous Materials Survey Report Copy of Bay Area Air Quality Management District permit Lead-based paint licensed contractor Pre and post rehabilitation Architect and contractor Once after rehabilitation has been completed Certification/permit post rehabilitation Asbestos Containing Materials - If any walls, ceilings, and/or floors are to be disturbed as part of future renovations – the asbestos containing materials must be abated prior to disturbing the material. Asbestos removal work must be done by an asbestos certified contractor and must follow all pertinent regulations, as per Title 8 CCR 1529. Lead-Based Paint – Based on the lead paint results of the building, the general contractor and their subcontractor should be compliant with local and stated regulations pertaining to lead based paint in construction (Title 8 CCR 1532). If any trigger tasks are to be performed (for lead), the general contractor needs to ensure proper procedures are being followed for employee personnel monitoring and proper work procedures are being followed. July 12, 2016 Contra Costa County Board of Supervisors 1255 TABLE OF CONTENTS Page i 863\99\1888761.5 ARTICLE 1 DEFINITIONS AND EXHIBITS ............................................................................2 Section 1.1 Definitions................................................................................................... 2 Section 1.2 Exhibits ..................................................................................................... 13 ARTICLE 2 LOAN PROVISIONS ............................................................................................13 Section 2.1 Loan. ......................................................................................................... 13 Section 2.2 Interest....................................................................................................... 13 Section 2.3 Use of New Loan Funds. .......................................................................... 14 Section 2.4 Security. .................................................................................................... 14 Section 2.5 Subordination. ........................................................................................... 14 Section 2.6 Conditions Precedent to Disbursement of New Loan Funds for Construction. ....................................................................................... 15 Section 2.7 Conditions Precedent to Disbursement of Retention. ............................... 17 Section 2.8 Repayment Schedule. ................................................................................ 18 Section 2.9 Reports and Accounting of Residual Receipts.......................................... 20 Section 2.10 Non-Recourse. .......................................................................................... 20 ARTICLE 3 REHABILITATION OF THE DEVELOPMENT.................................................21 Section 3.1 Permits and Approvals. ............................................................................. 21 Section 3.2 Bid Package. ............................................................................................. 21 Section 3.3 Construction Contract. .............................................................................. 21 Section 3.4 Construction Bonds. .................................................................................. 22 Section 3.5 Commencement of Construction. ............................................................. 22 Section 3.6 Completion of Construction. ..................................................................... 22 Section 3.7 Changes; Construction Pursuant to Plans and Laws. ................................ 22 Section 3.8 Prevailing Wages. ..................................................................................... 23 Section 3.9 Accessibility. ............................................................................................. 25 Section 3.10 Equal Opportunity. .................................................................................... 25 Section 3.11 Minority and Women-Owned Contractors. .............................................. 25 Section 3.12 Progress Reports. ...................................................................................... 26 Section 3.13 Construction Responsibilities. .................................................................. 26 Section 3.14 Mechanics Liens, Stop Notices, and Notices of Completion.................... 26 Section 3.15 Inspections. ............................................................................................... 27 Section 3.16 Approved Development Budget; Revisions to Budget. ............................ 27 Section 3.17 Developer Fee. .......................................................................................... 27 Section 3.18 Partnership/Asset Fee................................................................................ 27 Section 3.19 NEPA Mitigation Requirements. .............................................................. 28 ARTICLE 4 LOAN REQUIREMENTS.....................................................................................28 Section 4.1 Match Requirement. .................................................................................. 28 Section 4.2 Reserve Accounts...................................................................................... 28 Section 4.3 Financial Accountings and Post-Completion Audits. ............................... 28 Section 4.4 Approval of Annual Operating Budget. .................................................... 29 Section 4.5 Information. .............................................................................................. 29 Section 4.6 County Audits. .......................................................................................... 29 Section 4.7 Hazardous Materials. ................................................................................ 29 July 12, 2016 Contra Costa County Board of Supervisors 1256 TABLE OF CONTENTS (continued) Page ii 863\99\1888761.5 Section 4.8 Maintenance; Damage and Destruction. ................................................... 32 Section 4.9 Fees and Taxes. ......................................................................................... 32 Section 4.10 Notice of Litigation. .................................................................................. 33 Section 4.11 Operation of Development as Affordable Housing. ................................. 33 Section 4.12 Nondiscrimination..................................................................................... 33 Section 4.13 Transfer. .................................................................................................... 33 Section 4.14 Insurance Requirements. ........................................................................... 35 Section 4.15 Covenants Regarding Approved Financing and Partnership Agreement. ................................................................................................ 36 ARTICLE 5 REPRESENTATIONS AND WARRANTIES OF BORROWER .......................36 Section 5.1 Representations and Warranties. ............................................................... 36 ARTICLE 6 DEFAULT AND REMEDIES ...............................................................................39 Section 6.1 Events of Default. ..................................................................................... 39 Section 6.2 Remedies. .................................................................................................. 40 Section 6.3 Right of Contest. ....................................................................................... 41 Section 6.4 Remedies Cumulative. .............................................................................. 41 Section 6.5 Notice and Cure Rights of Limited Partner. ............................................. 41 ARTICLE 7 GENERAL PROVISIONS ....................................................................................42 Section 7.1 Relationship of Parties. ............................................................................. 42 Section 7.2 No Claims. ................................................................................................ 42 Section 7.3 Amendments. ............................................................................................ 42 Section 7.4 Indemnification. ........................................................................................ 42 Section 7.5 Non-Liability of County Officials, Employees and Agents...................... 43 Section 7.6 No Third Party Beneficiaries. ................................................................... 43 Section 7.7 Discretion Retained By County. ............................................................... 43 Section 7.8 Conflict of Interest. ................................................................................... 43 Section 7.9 Notices, Demands and Communications. ................................................. 43 Section 7.10 Applicable Law. ........................................................................................ 44 Section 7.11 Parties Bound. ........................................................................................... 44 Section 7.12 Attorneys' Fees. ......................................................................................... 44 Section 7.13 Severability. .............................................................................................. 45 Section 7.14 Force Majeure. .......................................................................................... 45 Section 7.15 County Approval. ...................................................................................... 45 Section 7.16 Waivers. .................................................................................................... 45 Section 7.17 Title of Parts and Sections. ....................................................................... 45 Section 7.18 Entire Understanding of the Parties. ......................................................... 45 Section 7.19 Multiple Originals; Counterpart. ............................................................... 46 EXHIBIT A Legal Description of the Property EXHIBIT B Approved Development Budget EXHIBIT C NEPA Mitigation Requirements July 12, 2016 Contra Costa County Board of Supervisors 1257 863\99\1888761.5 HOME AND HOPWA LOAN AGREEMENT Between COUNTY OF CONTRA COSTA And VL, L.P. Virginia Lane Apartments dated July 15, 2016 July 12, 2016 Contra Costa County Board of Supervisors 1258 863\99\1889542.3 1 PROMISSORY NOTE (New Loan (HOME/HOPWA)) $1,500,000 Martinez, California July 15, 2016 FOR VALUE RECEIVED, the undersigned VL, L.P., a California limited partnership ("Borrower") hereby promises to pay to the order of the County of Contra Costa, a political subdivision of the State of California ("Holder"), the principal amount of One Million Five Hundred Thousand Dollars ($1,500,000) plus interest thereon pursuant to Section 2 below. All capitalized terms used but not defined in this Note have the meanings set forth in the Loan Agreement. 1. Borrower's Obligation. This Note evidences Borrower's obligation to repay Holder the principal amount of One Million Five Hundred Thousand Dollars ($1,500,000) with interest for the funds loaned to Borrower by Holder to finance the construction of the Development pursuant to the HOME and HOPWA Loan Agreement between Borrower and Holder of even date herewith (the "Loan Agreement"). 2. Interest. (a) HOME Loan. Subject to the provisions of Subsection (c) below, the HOME Loan bears simple interest at a rate of three percent (3%) per annum from the date of disbursement until full repayment of the principal balance of the New HOME Loan. (b) HOPWA Loan. Subject to the provisions of Subsection (c) below, no interest will accrue on the outstanding principal balance of the HOPWA Loan. (c) Default Interest. If an Event of Default occurs, interest will accrue on all amounts due under this Note at the Default Rate until such Event of Default is cured by Borrower or waived by Holder. 3. Term and Repayment Requirements. Principal and interest under this Note is due and payable as set forth in Section 2.8 of the Loan Agreement. The unpaid principal balance hereunder, together with accrued interest thereon, is due and payable no later than the date that is the fifty-fifth (55th) anniversary of the Completion Date; provided, however, if a record of the Completion Date cannot be located or established, the Loan is due and payable on the fifty- seventh (57th) anniversary of the date of this Note. 4. No Assumption. This Note is not assumable by the successors and assigns of Borrower without the prior written consent of Holder, except as provided in the Loan Agreement. 5. Security. This Note, with interest, is secured by the Deed of Trust. Upon execution, the Deed of Trust will be recorded in the official records of Contra Costa County, California. Upon recordation of the Deed of Trust, this Note will become nonrecourse to July 12, 2016 Contra Costa County Board of Supervisors 1259 863\99\1889542.3 2 Borrower, pursuant to and except as provided in Section 2.10 of the Loan Agreement which Section 2.10 is hereby incorporated into this Note. The terms of the Deed of Trust are hereby incorporated into this Note and made a part hereof. 6. Terms of Payment. (a) Borrower shall make all payments due under this Note in currency of the United States of America to Holder at Department of Conservation and Development, 30 Muir Road, Martinez, CA 94553, Attention: Affordable Housing Program Manager, or to such other place as Holder may from time to time designate. (b) All payments on this Note are without expense to Holder. Borrower shall pay all costs and expenses, including re-conveyance fees and reasonable attorney's fees of Holder, incurred in connection with the enforcement of this Note and the release of any security hereof. (c) Notwithstanding any other provision of this Note, or any instrument securing the obligations of Borrower under this Note, if, for any reason whatsoever, the payment of any sums by Borrower pursuant to the terms of this Note would result in the payment of interest that exceeds the amount that Holder may legally charge under the laws of the State of California, then the amount by which payments exceed the lawful interest rate will automatically be deducted from the principal balance owing on this Note, so that in no event is Borrower obligated under the terms of this Note to pay any interest that would exceed the lawful rate. (d) The obligations of Borrower under this Note are absolute and Borrower waives any and all rights to offset, deduct or withhold any payments or charges due under this Note for any reason whatsoever. 7. Event of Default; Acceleration. (a) Upon the occurrence of an Event of Default, the entire unpaid principal balance, together with all interest thereon, and together with all other sums then payable under this Note and the Deed of Trust will, at the option of Holder, become immediately due and payable without further demand. (b) Holder's failure to exercise the remedy set forth in Subsection 7(a) above or any other remedy provided by law upon the occurrence of an Event of Default does not constitute a waiver of the right to exercise any remedy at any subsequent time in respect to the same or any other Event of Default. The acceptance by Holder of any payment that is less than the total of all amounts due and payable at the time of such payment does not constitute a waiver of the right to exercise any of the foregoing remedies or options at that time or at any subsequent time, or nullify any prior exercise of any such remedy or option, without the express consent of Holder, except as and to the extent otherwise provided by law. 8. Waivers. (a) Borrower hereby waives diligence, presentment, protest and demand, and July 12, 2016 Contra Costa County Board of Supervisors 1260 863\99\1889542.3 3 notice of protest, notice of demand, notice of dishonor and notice of non-payment of this Note. Borrower expressly agrees that this Note or any payment hereunder may be extended from time to time, and that Holder may accept further security or release any security for this Note, all without in any way affecting the liability of Borrower. (b) Any extension of time for payment of this Note or any installment hereof made by agreement of Holder with any person now or hereafter liable for payment of this Note must not operate to release, discharge, modify, change or affect the original liability of Borrower under this Note, either in whole or in part. 9. Miscellaneous Provisions. (a) All notices to Holder or Borrower are to be given in the manner and at the addresses set forth in the Loan Agreement, or to such addresses as Holder and Borrower may therein designate. (b) Borrower promises to pay all costs and expenses, including reasonable attorney's fees, incurred by Holder in the enforcement of the provisions of this Note, regardless of whether suit is filed to seek enforcement. (c) This Note is governed by the laws of the State of California. (d) The times for the performance of any obligations hereunder are to be strictly construed, time being of the essence. (e) The Loan Documents, of which this Note is a part, contain the entire agreement between the parties as to the Loan. This Note may not be modified except upon the written consent of the parties. IN WITNESS WHEREOF, Borrower is executing this Promissory Note as of the day and year first above written. VL, L.P., a California limited partnership By: VL, LLC, its general partner By: Eden Housing, Inc., a California nonprofit public benefit corporation, its manager By:____________________ Linda Mandolini, President July 12, 2016 Contra Costa County Board of Supervisors 1261 1 863\99\1900714.4 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Contra Costa County Department of Conservation and Development 30 Muir Road Martinez, CA 94553 Attn: Affordable Housing Program Manager No fee for recording pursuant to Government Code Section 27383 __________________________________________________________________________ COUNTY REGULATORY AGREEMENT AND DECLARATION OF RESTRICTIVE COVENANTS (Virginia Lane Apartments) This County Regulatory Agreement and Declaration of Restrictive Covenants (the "County Regulatory Agreement") is dated July 15, 2016 and is between the County of Contra Costa, a political subdivision of the State of California (the "County"), and VL, L.P., a California limited partnership ("Borrower"). RECITALS A. Defined terms used but not defined in these recitals are as defined in Article 1 of this County Regulatory Agreement. B. The County has received Home Investment Partnerships Act funds from the United States Department of Housing and Urban Development ("HUD") pursuant to the Cranston-Gonzales National Housing Act of 1990 ("HOME Funds"). The HOME Funds must be used by the County in accordance with 24 C.F.R. Part 92. C. The County has received Housing Opportunities for Persons with AIDS Program funds from HUD pursuant to the HOPWA program ("HOPWA Funds"). The HOPWA Funds are available to and administered by the County, as the subrecipient of the City of Oakland, which is the representative for the Alameda-Contra Costa County Eligible Metropolitan Area. The HOPWA Funds must be used by the County in accordance with 24 C.F.R. Part 574. D. Borrower is acquiring from the Seller certain real property located at 1121 Virginia Lane and 1140 Virginia Lane in the City of Concord, County of Contra Costa, State of California, as more particularly described in Exhibit A (collectively, the "Property"). Borrower intends to rehabilitate the ninety-one (91) multifamily housing units located on the Property that are available for rental to extremely low, very low and low income households, and that include two (2) manager's units (the "Development"). The Development, as well as all landscaping, July 12, 2016 Contra Costa County Board of Supervisors 1262 2 863\99\1900714.4 roads and parking spaces on the Property and any additional improvements on the Property, are the "Improvements". E. The County previously made a loan to the Seller of Two Hundred Ninety Thousand Dollars ($290,000) of HOME Funds (the "Original HOME Loan"). Pursuant to a Modification Agreement dated July 13, 2016 between the County and the Seller the accrued interest on the Original HOME Loan has been capitalized into the principal balance of the Original HOME Loan such that the adjusted principal balance of the Original HOME Loan is Four Hundred Thirty-Eight Thousand Nine Hundred Forty-Nine Dollars ($438,949) (the "Adjusted Original HOME Loan"). Pursuant to an Omnibus Assignment, Assumption, and Consent Agreement of even date herewith among the County, the Seller, and Borrower, the Adjusted Original HOME Loan has been assigned to and assumed by Borrower. F. Borrower desires to supplement the Adjusted Original HOME Loan by borrowing from the County an additional Five Hundred Thousand Dollars ($500,000) of HOME Funds (the "New HOME Loan"), and One Million Dollars ($1,000,000) of HOPWA Funds (the "HOPWA Loan") for a total new loan amount of One Million Five Hundred Thousand Dollars ($1,500,000) (the "New Loan"). The sum of the New Loan and the Adjusted Original HOME Loan is One Million Nine Hundred Thirty-Eight Thousand Nine Hundred Forty-Nine Dollars ($1,938,949) (the "Combined County Loan"). G. The County has the authority to lend the Combined County Loan to Borrower pursuant to Government Code Section 26227, which authorizes counties to spend county funds for programs that will further a county's public purposes. In addition, the County has the authority to loan (i) the HOME Funds pursuant to 24 C.F.R. 92.205 and (ii) the HOPWA Funds pursuant to 24 C.F.R. 574.300. H. The County has agreed to make the Combined County Loan on the condition that Borrower maintain and operate the Development in accordance with restrictions set forth in the HOME/HOPWA Regulatory Agreement and this County Regulatory Agreement, and in the related documents evidencing the Combined County Loan. I. As it applies to the County Assisted Units this County Regulatory Agreement will be in effect for the Term. The HOME/HOPWA Regulatory Agreement as it applies to the County Assisted Units will be in effect for twenty-one (21) years from the Completion Date. Pursuant to Section 6.14 below, compliance with the terms of the HOME/HOPWA Regulatory Agreement will be deemed compliance with this County Regulatory Agreement during the term of the HOME/HOPWA Regulatory Agreement. J. In consideration of receipt of the Combined County Loan at an interest rate substantially below the market rate, Borrower agrees to observe all the terms and conditions set forth below. The parties therefore agree as follows: July 12, 2016 Contra Costa County Board of Supervisors 1263 3 863\99\1900714.4 AGREEMENT ARTICLE 1 DEFINITIONS 1.1 Definitions. The following terms have the following meanings: (a) "Actual Household Size" means the actual number of persons in the applicable household. (b) "Adjusted Income" means the total anticipated annual income of all persons in the Tenant household as defined in 24 CFR 5.609 and as calculated pursuant to 24 C.F.R. 5.611. (c)"Adjusted Original HOME Loan" has the meaning set forth in Paragraph E of the Recitals. (d) "Adjusted Original HOME Loan Note" means the promissory note of even date herewith that evidences Borrower's obligation to repay the Adjusted Original HOME Loan. (e) "Assumed Household Size" means the household size "adjusted for family size appropriate to the unit" as such term is defined in Health & Safety Code Section 50052.5(h). (f) "City" means the City of Concord, California, a municipal corporation. (g) "Combined County Loan" has the meaning set forth in Paragraph F of the Recitals. (h) "Completion Date" means the date a final certificate of occupancy, or equivalent document is issued by the City to certify that the Development may be legally occupied. (i) "County-Assisted Units" means the twenty-four (24) Units that are restricted to occupancy by Extremely Low Income Households, Very Low Income Households, and Forty Percent Income Households, in compliance with Section 2.1 below. (j) "County Regulatory Agreement" has the meaning set forth in the first paragraph of this County Regulatory Agreement. (k) "Deed of Trust" means the Deed of Trust with Assignment of Rents, Security Agreement and Fixture Filing of even date herewith by and among Borrower, as trustor, North American Title Company, as trustee, and the County, as beneficiary, that encumbers the Property to secure repayment of the Combined County Loan and Borrower's performance of the Loan Documents. July 12, 2016 Contra Costa County Board of Supervisors 1264 4 863\99\1900714.4 (l) "Development" has the meaning set forth in Paragraph D of the Recitals. (m) "Existing Tenants" means the tenants that occupy the Units on the date of Borrower's acquisition of the Property. (n) "Extremely Low Income Household" means a household with an Adjusted Income that does not exceed thirty percent (30%) of Median Income, adjusted for Actual Household Size. (o) "Extremely Low Income Rent" means the maximum allowable rent for an Extremely Low Income Unit pursuant to Section 2.2(a) below. (p) "Extremely Low Income Units" means the Units which, pursuant to Section 2.1(a) below, are required to be occupied by Extremely Low Income Households. (q) "Forty Percent Income Household" means a household with an Adjusted Income that does not exceed forty percent (40%) of Median Income, adjusted for Actual Household Size. (r) "Forty Percent Income Rent" means the maximum allowable rent for a Forty Percent Income Unit pursuant to Section 2.2(b) below. (s) "Forty Percent Income Units" means the Units which, pursuant to Section 2.1(b) below, are required to be occupied by Forty Percent Income Households. (t) "HOME" means the Home Investment Partnerships Act Program funded pursuant to the Cranston-Gonzales National Housing Act of 1990. (u) "HOME Funds" has the meaning set forth in Paragraph B of the Recitals. (v) "HOME/HOPWA Regulatory Agreement" means the Regulatory Agreement and Declaration of Restrictive Covenants of even date herewith, between the County and Borrower evidencing County requirements applicable to the Combined County Loan, to be recorded against the Property concurrently herewith. (w) "HOPWA" means the Housing Opportunities for Persons with AIDS Program pursuant to the AIDS Housing Opportunity Act (42 USC 12901 et. seq.), as amended by the Housing and Community Development Act of 1992 (42 USC 5301 et. seq.). (x) "HOPWA Funds" has the meaning set forth in Paragraph C of the Recitals. (y) "HOPWA Loan" has the meaning set forth in Paragraph E of the Recitals. (z) "HUD" has the meaning set forth in Paragraph B of the Recitals. (aa) "Improvements" has the meaning set forth in Paragraph D of the Recitals. July 12, 2016 Contra Costa County Board of Supervisors 1265 5 863\99\1900714.4 (bb) "Intercreditor Agreement" means that certain intercreditor agreement of even date herewith among the City, the County, and Borrower. (cc) "Loan Agreement" means the HOME and HOPWA Loan Agreement between the County and Borrower of even date herewith, evidencing the Combined County Loan. (dd) "Loan Documents" means the documents evidencing the Combined County Loan including this County Regulatory Agreement, the Notes, the Loan Agreement, the Intercreditor Agreement, the HOME/HOPWA Regulatory Agreement, and the Deed of Trust. (ee) "Low Income Household" means a Tenant with an Adjusted Income that does not exceed eighty percent (80%) of Median Income, with adjustments for smaller and larger families, except that HUD may establish income ceilings higher or lower than eighty percent (80%) of Median Income on the basis of HUD findings that such variations are necessary because of prevailing levels of construction costs or fair market rents, or unusually high or low family incomes. (ff) "Marketing Plan" has the meaning set forth in Section 4.3(a). (gg) "Median Income" means the median gross yearly income, adjusted for Actual Household Size as specified herein, in the County of Contra Costa, California, as published from time to time by HUD. In the event that such income determinations are no longer published, or are not updated for a period of at least eighteen (18) months, the County shall provide Borrower with other income determinations that are reasonably similar with respect to methods of calculation to those previously published by HUD. (hh) "New HOME Loan" has the meaning set forth in Paragraph F of the Recitals. (ii) "New Loan" has the meaning set forth in Paragraph F of the Recitals. (jj) "New Loan Note" means the promissory note of even date herewith that evidences Borrower's obligation to repay the New Loan. (kk) "Notes" mean the Adjusted Original HOME Loan Note and New Loan Note. (ll) "Original HOME Loan" has the meaning set forth in Paragraph E of the Recitals. (mm) "Property" has the meaning set forth in Paragraph D of the Recitals. (nn) "Rent" means the total monthly payments by the Tenant of a Unit for the following: use and occupancy of the Unit and land and associated facilities; any separately charged fees or service charges assessed by Borrower which are customarily charged in rental housing and required of all Tenants, other than security deposits; an allowance for the cost of an July 12, 2016 Contra Costa County Board of Supervisors 1266 6 863\99\1900714.4 adequate level of service for utilities paid by the Tenant, including garbage collection, sewer, water, electricity, gas and other heating, cooking and refrigeration fuel, but not telephone service or cable TV; and any other interest, taxes, fees or charges for use of the land or associated facilities and assessed by a public or private entity other than Borrower, and paid by the Tenant. (oo) "Seller" means Virginia Lane Limited Partnership, a California limited partnership. (pp) "Social Services Plan" has the meaning set forth in Section 4.3(c). (qq) "Tenant" means the tenant household that occupies a Unit in the Development. (rr) "Tenant Selection Plan" has the meaning set forth in Section 4.3(b). (ss) "Term" means the period of time that commences on the date of this County Regulatory Agreement, and unless sooner terminated pursuant to the terms of this County Regulatory Agreement, expires on the fifty-fifth (55th) anniversary of the Completion Date; provided, however, if a record of the Completion Date cannot be located or established, the Term will expire on the fifty-seventh (57th) anniversary of this County Regulatory Agreement. (tt) "Unit(s)" means one (1) or more of the units in the Development. (uu) "Very Low Income Household" means a household with an Adjusted Income that does not exceed fifty percent (50%) of Median Income, with adjustments for smaller and larger families, except that HUD may establish income ceilings higher or lower than fifty percent (50%) of Median Income on the basis of HUD findings that such variations are necessary because of prevailing levels of construction costs or fair market rents, or unusually high or low family incomes. (vv) "Very Low Income Rent" means the maximum allowable rent for a Very Low Income Unit pursuant to Section 2.2(c) below. (ww) "Very Low Income Units" means the Units which, pursuant to Section 2.1(c) below, are required to be occupied by Very Low Income Households. ARTICLE 2 AFFORDABILITY AND OCCUPANCY COVENANTS 2.1 Occupancy Requirements. (a) Extremely Low Income Units. During the Term Borrower shall cause ten (10) Units to be rented to and occupied by or, if vacant, available for occupancy by, Extremely Low Income Households. July 12, 2016 Contra Costa County Board of Supervisors 1267 7 863\99\1900714.4 (b) Forty Percent Income Units. During the Term, Borrower shall cause two (2) Units to be rented to and occupied by or, if vacant, available for occupancy by, Forty Percent Income Households (c) Very Low Income Units. During the Term, Borrower shall cause twelve (12) Units to be rented to and occupied by or, if vacant, available for occupancy by Very Low Income Households. (d) Intermingling of Units. Borrower shall cause the County-Assisted Units to be intermingled throughout the Development and of comparable quality to all other Units. All Tenants must have equal access to and enjoyment of all common facilities in the Development. The County-Assisted Units must be of the bedroom size set forth in the following chart: Extremely Low Income Units 40% Income Units Very Low Income Units One-Bd. Units 4 2 6 Two-Bd. Units 6 6 Total 10 2 12 (e) Disabled Persons Occupancy. Borrower shall cause the Development to be constructed and operated at all times in compliance with the provisions of: (i) the Unruh Act, (ii) the California Fair Employment and Housing Act, (iii) Section 504 of the Rehabilitation Act of 1973("Section 504"), (iv) the United States Fair Housing Act, as amended, and (v) the Americans With Disabilities Act of 1990, which relate to disabled persons access. In compliance with Section 504, if the rehabilitation is substantial as defined in 24 C.F.R. 8.23(a), a minimum of five (5) Units of all Units shall be rehabilitated to be fully accessible to households with a mobility impaired member and an additional two (2) Units of all Units shall be rehabilitated to be fully accessible to hearing and/or visually impaired persons. Non-substantial alterations must comply with 24 C.F.R. 8.23(b). In compliance with Section 504 Borrower shall provide the County with a certification from the Development architect that to the best of the architect's knowledge, the Development complies with all federal and state accessibility requirements applicable to the Development. Borrower shall indemnify, protect, hold harmless and defend (with counsel reasonably satisfactory to the County) the County, and its board members, officers and employees, from all suits, actions, claims, causes of action, costs, demands, judgments and liens arising out of Borrower's failure to comply with applicable legal requirements related to housing for persons with disabilities. The provisions of this subsection will survive expiration of the Term or other termination of this County Regulatory Agreement, and remain in full force and effect. (f) Existing Tenants. Borrower shall provide the County a written report of the income and rent amount of all Existing Tenants within thirty (30) days of acquisition of the Development. Concurrent with providing the report to the County, Borrower shall also provide a proposal regarding designation of Units as Extremely Low Income Units, Forty Percent Income Units, and Very Low Income Units. Borrower shall not implement any rent increases for July 12, 2016 Contra Costa County Board of Supervisors 1268 8 863\99\1900714.4 Existing Tenants upon acquisition of the Development without the approval of the County. Any Existing Tenant lawfully residing in the Development as of the date of this Agreement is entitled to remain a resident of the Development if such Tenant does not meet the income criteria of this Section 2.1. If and when such non-qualifying Existing Tenant voluntarily vacates the Unit, Borrower shall rent such Unit to an Extremely Low Income Household, Forty Percent Income Household, or Very Low Income Household, as necessary to meet the provisions of this Section. 2.2 Allowable Rent. (a) Extremely Low Income Rent. Subject to the provisions of Section 2.4 below, the Rent paid by a Tenant of an Extremely Low Income Unit may not exceed one-twelfth (1/12) of thirty percent (30%) of thirty percent (30%) of Median Income, adjusted for Assumed Household Size. (b) Forty Percent Income Rent. Subject to Section 2.4 below, the Rent paid by a Tenant of a Forty Percent Income Unit, may not exceed one-twelfth (1/12th) of thirty percent (30%) of forty percent (40%) of Median Income, adjusted for Assumed Household Size. (c) Very Low Income Rent. Subject to the provisions of Section 2.4 below, the Rent paid by a Tenant of a Very Low Income Unit may not exceed one-twelfth (1/12) of thirty percent (30%) of fifty percent (50%) of Median Income, adjusted for Assumed Household Size. (d) No Additional Fees. Borrower may not charge any fee, other than Rent, to any Tenant of the County-Assisted Units for any housing or other services provided by Borrower. 2.3 Rent Increases. (a) Rent Amount. The initial Rent for all County-Assisted Units must be approved by the County prior to occupancy. The County will provide Borrower with a schedule of maximum permissible Rents for the County-Assisted Units and the maximum monthly allowances for utilities and services (excluding telephone) annually. (b) Rent Increases. All Rent increases for all County-Assisted Units are subject to County approval. No later than sixty (60) days prior to the proposed implementation of any Rent increase affecting a County-Assisted Unit, Borrower shall submit to the County a schedule of any proposed increase in the Rent charged for County-Assisted Units. The Rent for such Units may be increased no more than once annually based upon the annual income certification described in Article 3. The County will disapprove a Rent increase if it violates the schedule of maximum permissible Rents for the County-Assisted Units provided to Borrower by the County, or is greater than a 5% increase over the previous year's Rent. Borrower shall give Tenants written notice at least thirty (30) days prior to any Rent increase, following completion of the County approval process set forth above. July 12, 2016 Contra Costa County Board of Supervisors 1269 9 863\99\1900714.4 2.4 Increased Income of Tenants. (a) Increased Income above Extremely Low Income but below Low Income Limit. If, upon the annual certification of the income of a Tenant of an Extremely Low Income Unit, Borrower determines that the income of the Tenant has increased above the qualifying limit for an Extremely Low Income Household, but not above the qualifying income for a Low Income Household, the Tenant may continue to occupy the Unit and the Tenant's Rent will remain at the Extremely Low Income Rent. Borrower shall then rent the next available Unit to an Extremely Low Income Household to comply with the requirements of Section 2.1(a) above, at a Rent not exceeding the maximum Rent specified in Section 2.2(a), or re-designate another comparable Unit in the Development with an Extremely Low Income Household an Extremely Low Income Unit, to comply with the requirements of Section 2.1(a) above. Upon renting the next available Unit in accordance with Section 2.1(a) or re-designating another Unit in the Development as an Extremely Low Income Unit, the Unit with the over-income Tenant will no longer be considered a County-Assisted Unit. (b) Increased Income above Forty Percent Income but below Low Income Limit. If, upon the annual certification of the income of a Tenant of a Forty Percent Income Unit, Borrower determines that the income of the Tenant has increased above the qualifying limit for a Forty Percent Income Household, but not above the qualifying income for a Low Income Household, the Tenant may continue to occupy the Unit and the Tenant's Rent will remain at the Forty Percent Income Rent. Borrower shall then rent the next available Unit to a Forty Percent Income Household to comply with the requirements of Section 2.1(b) above, at a Rent not exceeding the maximum Rent specified in Section 2.2(b), or re-designate another comparable Unit in the Development with a Forty Percent Income Household a Forty Percent Income Unit, to comply with the requirements of Section 2.1(b) above. Upon renting the next available Unit in accordance with Section 2.1(b) or re-designating another Unit in the Development as a Forty Percent Income Unit, the Unit with the over-income Tenant will no longer be considered a County-Assisted Unit. (c) Increased Income above Very Low Income but below Low Income Limit. If, upon the annual certification of the income of a Tenant of a Very Low Income Unit, Borrower determines that the income of the Tenant has increased above the qualifying limit for a Very Low Income Household, but not above the qualifying income for a Low Income Household, the Tenant may continue to occupy the Unit and the Tenant's Rent will remain at the Very Low Income Rent. Borrower shall then rent the next available Unit to a Very Low Income Household to comply with the requirements of Section 2.1(c) above, at a Rent not exceeding the maximum Rent specified in Section 2.2(c), or re-designate another comparable Unit in the Development with a Very Low Income Household a Very Low Income Unit, to comply with the requirements of Section 2.1(c) above. Upon renting the next available Unit in accordance with Section 2.1(c) or re-designating another Unit in the Development as a Very Low Income Unit, the Unit with the over-income Tenant will no longer be considered a County-Assisted Unit. (d) Non-Qualifying Household. If, upon the annual certification of the income a Tenant of a County-Assisted Unit, Borrower determines that the Tenant’s income has increased above the qualifying limit for a Low Income Household, the Tenant may continue to occupy the Unit. Upon the expiration of such Tenant's lease, Borrower may: July 12, 2016 Contra Costa County Board of Supervisors 1270 10 863\99\1900714.4 (1) With 60 days’ advance written notice, increase such Tenant’s Rent to the lesser of (i) one-twelfth (1/12) of thirty percent (30%) of the actual Adjusted Income of the Tenant, and (ii) the fair market rent, and (2) Rent the next available Unit to an Extremely Low Income Household, Forty Percent Income Household, or Very Low Income Household, as applicable, to comply with the requirements of Section 2.1 above, at a Rent not exceeding the maximum Rent specified in Section 2.2, or designate another comparable Unit that is occupied by an Extremely Low Income Household, Forty Percent Income Household, or Very Low Income Household, as applicable, as a County-Assisted Unit, to meet the requirements of Section 2.1 above. On the day that Borrower complies with Section 2.1 in accordance with this Section 2.4(d), the Unit with the over-income Tenant will no longer be considered a County-Assisted Unit. (e) Termination of Occupancy. Upon termination of occupancy of a County- Assisted Unit by a Tenant, such Unit will be deemed to be continuously occupied by a household of the same income level as the initial income level of the vacating Tenant, until such unit is reoccupied, at which time categorization of the Unit will be established based on the occupancy requirements of Section 2.1. ARTICLE 3 INCOME CERTIFICATION; REPORTING; RECORDS 3.1 Income Certification. Borrower shall obtain, complete, and maintain on file, within sixty (60) days before expected occupancy and annually thereafter, income certifications from each Tenant renting any of the County-Assisted Units. Borrower shall make a good faith effort to verify the accuracy of the income provided by the applicant or occupying household, as the case may be, in an income certification. To verify the information, Borrower shall take two or more of the following steps: (i) obtain a pay stub for the most recent pay period; (ii) obtain an income tax return for the most recent tax year; (iii) conduct a credit agency or similar search; (iv) obtain an income verification form from the applicant's current employer; (v) obtain an income verification form from the Social Security Administration and/or the California Department of Social Services if the applicant receives assistance from either of such agencies; or (vi) if the applicant is unemployed and does not have a tax return, obtain another form of independent verification. Where applicable, Borrower shall examine at least two (2) months of relevant source documentation. Copies of Tenant income certifications are to be available to the County upon request. 3.2 Reporting Requirements. (a) Borrower shall submit to the County within one hundred eighty (180) days after the Completion Date, and not later than forty-five (45) days after the close of each calendar year, or such other date as may be requested by the County, a report that includes the following data for each Unit and specifically identifies which Units are County-Assisted Units: (i) Tenant income, (ii) the number of occupants, (iii) the Rent, (iv) the number of bedrooms, and (v) the initial address of each Tenant. To demonstrate continued compliance with Section 2.1 Borrower July 12, 2016 Contra Costa County Board of Supervisors 1271 11 863\99\1900714.4 shall cause each annual report after the initial report to include a record of any subsequent Tenant substitutions and any vacancies in County-Assisted Units that have been filled. (b) Borrower shall submit to the County within forty-five (45) days after receipt of a written request, or such other time agreed to by the County, any other information or completed forms requested by the County in order to comply with reporting requirements of HUD, the State of California, and the County. 3.3 Tenant Records. Borrower shall maintain complete, accurate and current records pertaining to income and household size of Tenants. All Tenant lists, applications and waiting lists relating to the Development are to be at all times: (i) separate and identifiable from any other business of Borrower, (ii) maintained as required by the County, in a reasonable condition for proper audit, and (iii) subject to examination during business hours by representatives of the County. Borrower shall retain copies of all materials obtained or produced with respect to occupancy of the Units for a period of at least five (5) years. The County may examine and make copies of all books, records or other documents of Borrower that pertain to the Development. 3.4 Development Records. (a) Borrower shall keep and maintain at the principal place of business of the Borrower set forth in Section 6.11 below, or elsewhere with the County's written consent, full, complete and appropriate books, records and accounts relating to the Development. Borrower shall cause all books, records and accounts relating to its compliance with the terms, provisions, covenants and conditions of the Loan Documents to be kept and maintained in accordance with generally accepted accounting principles consistently applied, and to be consistent with requirements of this County Regulatory Agreement. Borrower shall cause all books, records, and accounts to be open to and available for inspection and copying by HUD, the County, its auditors or other authorized representatives at reasonable intervals during normal business hours. Borrower shall cause copies of all tax returns and other reports that Borrower may be required to furnish to any government agency to be open for inspection by the County at all reasonable times at the place that the books, records and accounts of Borrower are kept. Borrower shall preserve such records (including the records required under the HOME/HOPWA Regulatory Agreement) for a period of not less than five (5) years after their creation in compliance with all HUD records and accounting requirements. If any litigation, claim, negotiation, audit exception, monitoring, inspection or other action relating to the use of the Combined County Loan is pending at the end of the record retention period stated herein, then Borrower shall retain the records until such action and all related issues are resolved. Borrower shall cause the records to include all invoices, receipts, and other documents related to expenditures from the Combined County Loan funds. Borrower shall cause records to be accurate and current and in a form that allows the County to comply with the record keeping requirements contained in 24 C.F.R. 92.508, 24 C.F.R. 574.450, and 24 C.F.R. 574.530. Such records are to include but are not limited to: (i) Records providing a full description of the activities undertaken with the use of the Combined County Loan funds; July 12, 2016 Contra Costa County Board of Supervisors 1272 12 863\99\1900714.4 (ii) Records demonstrating compliance with the maintenance requirements set forth in Section 5.6; (iii) Records documenting compliance with the fair housing, equal opportunity, and affirmative fair marketing requirements; (iv) Financial records; and (v) Records demonstrating compliance with the marketing, tenant selection, social services, affordability, and income requirements. (b) The County shall notify Borrower of any records it deems insufficient. Borrower has fifteen (15) calendar days after the receipt of such a notice to correct any deficiency in the records specified by the County in such notice, or if a period longer than fifteen (15) days is reasonably necessary to correct the deficiency, then Borrower must begin to correct the deficiency within fifteen (15) days and correct the deficiency as soon as reasonably possible. ARTICLE 4 OPERATION OF THE DEVELOPMENT 4.1 Residential Use. Borrower shall operate the Development for residential use only. No part of the Development may be operated as transient housing. 4.2 Compliance with Loan Documents and Program Requirements. Borrower's actions with respect to the Property shall at all times be in full conformity with: (i) all requirements of the Loan Documents; and (ii) any other regulatory requirements imposed on the Development. 4.3 Marketing Plan; Tenant Selection Plan; and Social Services Plan. (a) Marketing Plan. (1) No later than six (6) months prior to the date construction of the Development is projected to be complete, Borrower shall submit to the County for approval its plan for marketing the Development to income-eligible households and HOPWA-Eligible Households as required by this County Regulatory Agreement (the "Marketing Plan"). The Marketing Plan must include information on affirmative marketing efforts and compliance with fair housing laws and 24 C.F.R. 92.351(a). (2) Upon receipt of the Marketing Plan, the County will promptly review the Marketing Plan and will approve or disapprove it within fifteen (15) days after receipt. If the Marketing Plan is not approved, the County will give Borrower specific reasons for such disapproval and Borrower shall submit a revised Marketing Plan within fifteen (15) days of notification of the County's disapproval. Borrower shall follow this procedure for resubmission of a revised Marketing Plan until the Marking Plan is approved by the County. If July 12, 2016 Contra Costa County Board of Supervisors 1273 13 863\99\1900714.4 the Borrower does not submit a revised Marketing Plan that is approved by the County at least three (3) months prior to the date completion of the Development is projected to be complete, Borrower will be in default of this County Regulatory Agreement. (b) Tenant Selection Plan. (1) No later than six (6) months prior to the date construction of the Development is projected to be complete, Borrower shall submit to the County, for its review and approval, Borrower's written tenant selection plan (the "Tenant Selection Plan"). Borrower's Tenant Selection Plan must, at a minimum, meet the requirements for tenant selection set out in 24 C.F.R. Part 574 and 24 C.F.R. 92.253(d), and any modifications thereto. (2) Upon receipt of the Tenant Selection Plan, the County will promptly review the Tenant Selection Plan and will approve or disapprove it within fifteen (15) days after receipt. If the Tenant Selection Plan is not approved, the County will give Borrower specific reasons for such disapproval and Borrower shall submit a revised Tenant Selection Plan within fifteen (15) days of notification of the County's disapproval. Borrower shall follow this procedure for resubmission of a revised Tenant Selection Plan until the Tenant Selection Plan is approved by the County. If the Borrower does not submit a revised Tenant Selection Plan that is approved by the County at least three (3) months prior to the date construction of the Development is projected to be complete, Borrower will be in default of this County Regulatory Agreement. (c) Social Services Plan. (1) No later than six (6) months prior to the date construction of the Development is projected to be complete, Borrower shall submit to the County for approval its plan for providing social services from qualified service providers to the HOPWA-Eligible Households of the Development as required by 24 C.F.R. Section 574.310(a)(1) and the HOME/HOPWA Regulatory Agreement (the "Social Services Plan"). (2) Upon receipt of the Social Services Plan, the County will promptly review the Social Services Plan and will approve or disapprove it within fifteen (15) days after receipt. If the Social Services Plan is not approved, the County will give Borrower specific reasons for such disapproval and Borrower shall submit a revised Social Services Plan within fifteen (15) days of notification of the County's disapproval. Borrower shall follow this procedure for resubmission of a revised Social Services Plan until the Social Services Plan is approved by the County. If the Borrower does not submit a revised Social Services Plan that is approved by the County at least three (3) months prior to the date construction of the Development is projected to be complete, Borrower will be in default of this County Regulatory Agreement. 4.4 Lease Provisions. (a) No later than four (4) months prior to the date construction of the Development is projected to be complete, Borrower shall submit to the County for approval Borrower’s proposed form of lease agreement for the County's review and approval. When July 12, 2016 Contra Costa County Board of Supervisors 1274 14 863\99\1900714.4 leasing Units within the Development, Borrower shall use the form of lease approved by the County. The form of lease must comply with all requirements of this County Regulatory Agreement, the other Loan Documents and must, among other matters: (1) provide for termination of the lease for failure to: (i) provide any information required under this County Regulatory Agreement or reasonably requested by Borrower to establish or recertify the Tenant's qualification, or the qualification of the Tenant's household, for occupancy in the Development in accordance with the standards set forth in this County Regulatory Agreement, or (ii) qualify as an Extremely Low Income Household, Forty Percent Income Household, or Very Low Income Household as a result of any material misrepresentation made by such Tenant with respect to the income computation. (2) be for an initial term of not less than one (1) year, unless by mutual agreement between the Tenant and Borrower, and provide for no increase in Rent during such year. After the initial year of tenancy, the lease may be month-to-month by mutual agreement of Borrower and the Tenant. Notwithstanding the above, any rent increases are subject to the requirements of Section 2.3 above. (3) include a provision that requires a Tenant who is residing in a Unit required to be accessible pursuant to Section 2.1(f) and who is not in need of an accessible Unit to move to a non-accessible Unit when a non-accessible Unit becomes available and another Tenant or prospective Tenant is in need of an accessible Unit. (b) Any termination of a lease or refusal to renew a lease for a County- Assisted Unit must be preceded by not less than sixty (60) days written notice to the Tenant by Borrower specifying the grounds for the action. (c) During the Term, Borrower shall comply with the Marking Plan, Social Services Plan, and Tenant Selection Plan approved by the County. ARTICLE 5 PROPERTY MANAGEMENT AND MAINTENANCE 5.1 Management Responsibilities. Borrower is responsible for all management functions with respect to the Development, including without limitation the selection of Tenants, certification and recertification of household size and income, evictions, collection of rents and deposits, maintenance, landscaping, routine and extraordinary repairs, replacement of capital items, and security. The County has no responsibility for management of the Development. Borrower shall retain a professional property management company approved by the County in its reasonable discretion to perform Borrower's management duties hereunder. An on-site property manager is also required. 5.2 Management Agent. Borrower shall cause the Development to be managed by an experienced management agent reasonably acceptable to the County, with a demonstrated ability to operate residential facilities like the Development in a manner that will provide decent, safe, and sanitary housing (the "Management Agent"). The County has approved Eden Housing July 12, 2016 Contra Costa County Board of Supervisors 1275 15 863\99\1900714.4 Management, Inc. as the Management Agent. Borrower shall submit for the County's approval the identity of any proposed subsequent management agent. Borrower shall also submit such additional information about the background, experience and financial condition of any proposed management agent as is reasonably necessary for the County to determine whether the proposed management agent meets the standard for a qualified management agent set forth above. If the proposed management agent meets the standard for a qualified management agent set forth above, the County shall approve the proposed management agent by notifying Borrower in writing. Unless the proposed management agent is disapproved by the County within thirty (30) days, which disapproval is to state with reasonable specificity the basis for disapproval, it shall be deemed approved. 5.3 Periodic Performance Review. The County reserves the right to conduct an annual (or more frequently, if deemed necessary by the County) review of the management practices and financial status of the Development. The purpose of each periodic review will be to enable the County to determine if the Development is being operated and managed in accordance with the requirements and standards of this County Regulatory Agreement. Borrower shall cooperate with the County in such reviews. 5.4 Replacement of Management Agent. If, as a result of a periodic review, the County determines in its reasonable judgment that the Development is not being operated and managed in accordance with any of the material requirements and standards of this County Regulatory Agreement, the County shall deliver notice to Borrower of its intention to cause replacement of the Management Agent, including the reasons therefor. Within fifteen (15) days after receipt by Borrower of such written notice, the County staff and Borrower shall meet in good faith to consider methods for improving the financial and operating status of the Development, including, without limitation, replacement of the Management Agent. If, after such meeting, County staff recommends in writing the replacement of the Management Agent, Borrower shall promptly dismiss the then-current Management Agent, and shall appoint as the Management Agent a person or entity meeting the standards for a management agent set forth in Section 5.2 above and approved by the County pursuant to Section 5.2 above. Any contract for the operation or management of the Development entered into by Borrower shall provide that the Management Agent may be dismissed and the contract terminated as set forth above. Failure to remove the Management Agent in accordance with the provisions of this Section constitutes a default under this County Regulatory Agreement, and the County may enforce this provision through legal proceedings as specified in Section 6.5 below. 5.5 Approval of Management Policies. Borrower shall submit its written management policies with respect to the Development to the County for its review, and shall amend such policies in any way necessary to ensure that such policies comply with the provisions of this County Regulatory Agreement. 5.6 Property Maintenance. (a) Borrower shall maintain, for the entire Term of this County Regulatory July 12, 2016 Contra Costa County Board of Supervisors 1276 16 863\99\1900714.4 Agreement, all interior and exterior Improvements, including landscaping in decent, safe and sanitary condition, and in good condition and repair, in accordance with the maintenance standards provided by the County (the "Maintenance Standards"). Borrower shall cause the Development to be: (i) maintained in accordance with all applicable laws, rules, ordinances, orders and regulations of all federal, state, county, municipal, and other governmental agencies and bodies having or claiming jurisdiction and all their respective departments, bureaus, and officials; and (ii) free of all health and safety defects. Borrower shall correct any life-threatening maintenance deficiencies, including those set forth in the Maintenance Standards immediately upon notification. (b) At the beginning of each year of the Term, Borrower shall certify to the County that the Development is in compliance with the Maintenance Standards. 5.7 Property Inspections. (a) On-Site Physical Inspections. The County will perform on-site inspections of the Development during the Term to ensure compliance with the Maintenance Standards. The County will perform an on-site inspection within twelve months after completion of construction of the Development and at least once every three (3) years during the Term. If the Development is found to have health and safety violations, the County may perform more frequent inspections. Borrower shall cooperate in such inspections. (b) Violation of Maintenance Standards. If after an inspection, the County determines that Borrower is in violation of the Maintenance Standards, the County will provide Borrower a written report of the violations. Borrower shall correct the violations set forth in the report provided to Borrower by County. The County will perform a follow-up inspection to verify that the violations have been corrected. If such violations continue for a period of ten (10) days after delivery of the report to Borrower by the County with respect to graffiti, debris, waste material, and general maintenance, or thirty (30) days after delivery of the report to Borrower by the County with respect to landscaping and building improvements, then the County, in addition to whatever other remedy it may have at law or in equity, has the right to enter upon the Property and perform or cause to be performed all such acts and work necessary to cure the violation. Pursuant to such right of entry, the County is permitted (but is not required) to enter upon the Property and to perform all acts and work necessary to protect, maintain, and preserve the improvements and landscaped areas on the Property, and to attach a lien on the Property, or to assess the Property, in the amount of the expenditures arising from such acts and work of protection, maintenance, and preservation by the County and/or costs of such cure, which amount Borrower shall promptly pay to the County upon demand. July 12, 2016 Contra Costa County Board of Supervisors 1277 17 863\99\1900714.4 ARTICLE 6 MISCELLANEOUS 6.1 Nondiscrimination. (a) All of the Units must be available for occupancy on a continuous basis to members of the general public who are income eligible. Borrower may not give preference to any particular class or group of persons in renting or selling the Units, except to the extent that the Units are required to be leased to income eligible households pursuant to this County Regulatory Agreement and the HOME/HOPWA Regulatory Agreement. Borrower herein covenants by and for Borrower, assigns, and all persons claiming under or through Borrower, that there exist no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, sexual orientation, marital status, national origin, source of income (e.g., SSI), ancestry, or disability, in the leasing, subleasing, transferring, use, occupancy, tenure, or enjoyment of any unit nor will Borrower or any person claiming under or through Borrower, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy, of tenants, lessees, sublessees, subtenants, or vendees of any unit or in connection with the employment of persons for the construction, operation and management of any unit. (b) Borrower shall accept as Tenants, on the same basis as all other prospective Tenants, persons who are recipients of federal certificates for rent subsidies pursuant to the existing housing program under Section 8 of the United States Housing Act, or its successor. Borrower may not apply selection criteria to Section 8 certificate or voucher holders that is more burdensome than criteria applied to all other prospective Tenants, nor will Borrower apply or permit the application of management policies or lease provisions with respect to the Development which have the effect of precluding occupancy of units by such prospective Tenants. 6.2 Application of Provisions. The provisions of this County Regulatory Agreement apply to the Property for the entire Term even if the Combined County Loan is paid in full prior to the end of the Term. This County Regulatory Agreement binds any successor, heir or assign of Borrower, whether a change in interest occurs voluntarily or involuntarily, by operation of law or otherwise, except as expressly released by the County. The County is making the Combined County Loan on the condition, and in consideration of, this provision, and would not do so otherwise. 6.3 Notice of Expiration of Term. (a) At least six (6) months prior to the expiration of the Term, Borrower shall provide by first-class mail, postage prepaid, a notice to all Tenants containing (i) the anticipated date of the expiration of the Term, (ii) any anticipated increase in Rent upon the expiration of the Term, (iii) a statement that a copy of such notice will be sent to the County, and (iv) a statement that a public hearing may be held by the County on the issue and that the Tenant will receive notice of the hearing at least fifteen (15) days in advance of any such hearing. Borrower shall July 12, 2016 Contra Costa County Board of Supervisors 1278 18 863\99\1900714.4 also file a copy of the above-described notice with the County Deputy Director-Current Planning. (b) In addition to the notice required above, Borrower shall comply with the requirements set forth in California Government Code Sections 65863.10 and 65863.11. Such notice requirements include: (i) a twelve (12) month notice to existing tenants, prospective tenants and Affected Public Agencies (as defined in California Government Code Section 65863.10(a)) prior to the expiration of the Term, (ii) a six (6) month notice requirement to existing tenants, prospective tenants and Affected Public Agencies prior to the expiration of the Term; (iii) a notice of an offer to purchase the Development to "qualified entities" (as defined in California Government Code Section 65863.11(d)), if the Development is to be sold within five (5) years of the end of the Term; (iv) a notice of right of first refusal within the one hundred eighty (180) day period that qualified entities may purchase the Development. 6.4 Covenants to Run With the Land. The County and Borrower hereby declare their express intent that the covenants and restrictions set forth in this County Regulatory Agreement run with the land, and bind all successors in title to the Property, provided, however, that on the expiration of the Term said covenants and restrictions expire. Each and every contract, deed or other instrument hereafter executed covering or conveying the Property or any portion thereof, is to be held conclusively to have been executed, delivered and accepted subject to the covenants and restrictions, regardless of whether such covenants or restrictions are set forth in such contract, deed or other instrument, unless the County expressly releases such conveyed portion of the Property from the requirements of this County Regulatory Agreement. 6.5 Enforcement by the County. If Borrower fails to perform any obligation under this County Regulatory Agreement, and fails to cure the default within thirty (30) days after the County has notified Borrower in writing of the default or, if the default cannot be cured within thirty (30) days, fails to commence to cure within thirty (30) days and thereafter diligently pursue such cure and complete such cure within sixty (60) days, the County may enforce this County Regulatory Agreement by any or all of the following actions, or any other remedy provided by law: (a) Calling the Loan. The County may declare a default under the Notes, accelerate the indebtedness evidenced by the Notes, and proceed with foreclosure under the Deed of Trust. (b) Action to Compel Performance or for Damages. The County may bring an action at law or in equity to compel Borrower's performance of its obligations under this County Regulatory Agreement, and may seek damages. (c) Remedies Provided Under Loan Documents. The County may exercise any other remedy provided under the Loan Documents. The County shall provide notice of a default to Borrower's limited partner in the manner set forth in Section 6.5 of the Loan Agreement. July 12, 2016 Contra Costa County Board of Supervisors 1279 19 863\99\1900714.4 6.6 Attorneys' Fees and Costs. In any action brought to enforce this County Regulatory Agreement, the prevailing party must be entitled to all costs and expenses of suit, including reasonable attorneys' fees. This section must be interpreted in accordance with California Civil Code Section 1717 and judicial decisions interpreting that statute. 6.7 Recording and Filing. The County and Borrower shall cause this County Regulatory Agreement, and all amendments and supplements to it, to be recorded in the Official Records of the County of Contra Costa. 6.8 Governing Law. This County Regulatory Agreement is governed by the laws of the State of California. 6.9 Waiver of Requirements. Any of the requirements of this County Regulatory Agreement may be expressly waived by the County in writing, but no waiver by the County of any requirement of this County Regulatory Agreement extends to or affects any other provision of this County Regulatory Agreement, and may not be deemed to do so. 6.10 Amendments. This County Regulatory Agreement may be amended only by a written instrument executed by all the parties hereto or their successors in title that is duly recorded in the official records of the County of Contra Costa. 6.11 Notices. Any notice requirement set forth herein will be deemed to be satisfied three (3) days after mailing of the notice first-class United States certified mail, postage prepaid, addressed to the appropriate party as follows: County: County of Contra Costa Department of Conservation and Development 30 Muir Road Martinez, CA 94553 Attn: Affordable Housing Program Manager Borrower: VL, L.P. c/o VL, LLC 22645 Grand Street Hayward, CA 94541 Attention: President Investor Limited Partner: Wells Fargo Affordable Housing Community Development Corporation 301 S. College Street, MAC D1053-170 Charlotte, NC 28288 Attn: Director of Tax Credit Asset Management July 12, 2016 Contra Costa County Board of Supervisors 1280 20 863\99\1900714.4 Such addresses may be changed by notice to the other party given in the same manner as provided above. 6.12 Severability. If any provision of this County Regulatory Agreement is determined by a court of competent jurisdiction to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining portions of this County Regulatory Agreement will not in any way be affected or impaired thereby. 6.13 Multiple Originals; Counterparts. This County Regulatory Agreement may be executed in multiple originals, each of which is deemed to be an original, and may be signed in counterparts. 6.14 HOME/HOPWA Regulatory Agreement. The County and Borrower are entering into the HOME/HOPWA Regulatory Agreement concurrently with this County Regulatory Agreement. The HOME/HOPWA Regulatory Agreement will be in effect for twenty-one (21) years from the Completion Date (the "HOME Term") and include HOME and HOPWA requirements applicable to the use of HOME Funds and HOPWA Funds. Compliance with the terms of the HOME/HOPWA Regulatory Agreement will be deemed compliance with this County Regulatory Agreement during the HOME Term. In the event of a conflict between this County Regulatory Agreement and the HOME/HOPWA Regulatory Agreement during the HOME Term, the terms of the HOME/HOPWA Regulatory Agreement will prevail. [remainder of page intentionally left blank] July 12, 2016 Contra Costa County Board of Supervisors 1281 21 Signature page County Regulatory Agreement 863\99\1900714.4 WHEREAS, this County Regulatory Agreement has been entered into by the undersigned as of the date first written above. COUNTY: COUNTY OF CONTRA COSTA, a political subdivision of the State of California By: __________________ Its:____________________ Approved as to form: SHARON L. ANDERSON County Counsel By: Kathleen Andrus Deputy County Counsel BORROWER: VL, L.P., a California limited partnership By: VL LLC, a California limited liability company, its general partner By: Eden Housing, Inc., a California nonprofit public benefit corporation, its manager By:_______________________ Linda Mandolini, President July 12, 2016 Contra Costa County Board of Supervisors 1282 863\99\1900714.4 STATE OF CALIFORNIA ) ) COUNTY OF __________________ ) On ____________________, before me, ___________________________, Notary Public, personally appeared ______________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify UNDER PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ______________________________________ Name: ______________________________ Notary Public A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. July 12, 2016 Contra Costa County Board of Supervisors 1283 863\99\1900714.4 STATE OF CALIFORNIA ) ) COUNTY OF __________________ ) On ____________________, before me, ___________________________, Notary Public, personally appeared ______________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify UNDER PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ______________________________________ Name: ______________________________ Notary Public A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. July 12, 2016 Contra Costa County Board of Supervisors 1284 A-1 863\99\1900714.4 EXHIBIT A Legal Description The land is situated in the State of California, County of Contra Costa, and is described as follows: July 12, 2016 Contra Costa County Board of Supervisors 1285 863\99\1889541.3 1 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Contra Costa County Department of Conservation and Development 30 Muir Road Martinez, CA 94553 Attn: Affordable Housing Program Manager No fee for recording pursuant to Government Code Section 27383 DEED OF TRUST WITH ASSIGNMENT OF RENTS, SECURITY AGREEMENT, AND FIXTURE FILING (Virginia Lane Apartments) THIS DEED OF TRUST WITH ASSIGNMENT OF RENTS, SECURITY AGREEMENT, AND FIXTURE FILING ("Deed of Trust") is made as of July 15, 2016, by and among VL, L.P., a California limited partnership ("Trustor"), North American Title Company, a California corporation ("Trustee"), and the County of Contra Costa, a political subdivision of the State of California ("Beneficiary"). FOR GOOD AND VALUABLE CONSIDERATION, including the indebtedness herein recited and the trust herein created, the receipt of which is hereby acknowledged, Trustor hereby irrevocably grants, transfers, conveys and assigns to Trustee, IN TRUST, WITH POWER OF SALE, for the benefit and security of Beneficiary, under and subject to the terms and conditions hereinafter set forth, Trustor's fee interest in the property located in the County of Contra Costa, State of California, that is described in the attached Exhibit A, incorporated herein by this reference (the "Property"). TOGETHER WITH all interest, estates or other claims, both in law and in equity which Trustor now has or may hereafter acquire in the Property and the rents; TOGETHER WITH all easements, rights-of-way and rights used in connection therewith or as a means of access thereto, including (without limiting the generality of the foregoing) all tenements, hereditaments and appurtenances thereof and thereto; TOGETHER WITH any and all buildings and improvements of every kind and description now or hereafter erected thereon, and all property of Trustor now or hereafter affixed to or placed upon the Property; TOGETHER WITH all building materials and equipment now or hereafter delivered to said property and intended to be installed therein; TOGETHER WITH all right, title and interest of Trustor, now owned or hereafter acquired, in and to any land lying within the right-of-way of any street, open or proposed, July 12, 2016 Contra Costa County Board of Supervisors 1286 863\99\1889541.3 2 adjoining the Property, and any and all sidewalks, alleys and strips and areas of land adjacent to or used in connection with the Property; TOGETHER WITH all estate, interest, right, title, other claim or demand, of every nature, in and to such property, including the Property, both in law and in equity, including, but not limited to, all deposits made with or other security given by Trustor to utility companies, the proceeds from any or all of such property, including the Property, claims or demands with respect to the proceeds of insurance in effect with respect thereto, which Trustor now has or may hereafter acquire, any and all awards made for the taking by eminent domain or by any proceeding or purchase in lieu thereof of the whole or any part of such property, including without limitation, any awards resulting from a change of grade of streets and awards for severance damages to the extent Beneficiary has an interest in such awards for taking as provided in Paragraph 4.1 herein; TOGETHER WITH all of Trustor's interest in all articles of personal property or fixtures now or hereafter attached to or used in and about the building or buildings now erected or hereafter to be erected on the Property which are necessary to the complete and comfortable use and occupancy of such building or buildings for the purposes for which they were or are to be erected, including all other goods and chattels and personal property as are ever used or furnished in operating a building, or the activities conducted therein, similar to the one herein described and referred to, and all renewals or replacements thereof or articles in substitution therefor, whether or not the same are, or will be, attached to said building or buildings in any manner; and TOGETHER WITH all of Trustor's interest in all building materials, fixtures, equipment, work in process and other personal property to be incorporated into the Property; all goods, materials, supplies, fixtures, equipment, machinery, furniture and furnishings, signs and other personal property now or hereafter appropriated for use on the Property, whether stored on the Property or elsewhere, and used or to be used in connection with the Property; all rents, issues and profits, and all inventory, accounts, accounts receivable, contract rights, general intangibles, chattel paper, instruments, documents, notes drafts, letters of credit, insurance policies, insurance and condemnation awards and proceeds, trade names, trademarks and service marks arising from or related to the Property and any business conducted thereon by Trustor; all replacements, additions, accessions and proceeds; and all books, records and files relating to any of the foregoing. All of the foregoing, together with the Property, is herein referred to as the "Security." To have and to hold the Security together with acquittances to the Trustee, its successors and assigns forever. FOR THE PURPOSE OF SECURING THE FOLLOWING OBLIGATIONS (together, the "Secured Obligations"): A. Payment to Beneficiary of all sums at any time owing under or in connection with (i) the Note (defined in Section 1.8 below) until paid in full or cancelled, and (ii) any other amounts owing under the Loan Documents (defined in Section 1.6 below). Principal and other payments are due and payable as provided in the Note or other Loan Documents, as applicable. July 12, 2016 Contra Costa County Board of Supervisors 1287 863\99\1889541.3 3 The Note and all its terms are incorporated herein by reference, and this conveyance secures any and all extensions thereof, however evidenced; B. Payment of any sums advanced by Beneficiary to protect the Security pursuant to the terms and provisions of this Deed of Trust following a breach of Trustor's obligation to advance said sums and the expiration of any applicable cure period, with interest thereon as provided herein; C. Performance of every obligation, covenant or agreement of Trustor contained herein and in the Loan Documents; and D. All modifications, extensions and renewals of any of the Secured Obligations (including without limitation, (i) modifications, extensions or renewals at a different rate of interest, or (ii) deferrals or accelerations of the required principal payment dates or interest payment dates or both, in whole or in part), however evidenced, whether or not any such modification, extension or renewal is evidenced by a new or additional promissory note or notes. AND TO PROTECT THE SECURITY OF THIS DEED OF TRUST, TRUSTOR COVENANTS AND AGREES: ARTICLE 1 DEFINITIONS In addition to the terms defined elsewhere in this Deed of Trust, the following terms have the following meanings in this Deed of Trust: Section 1.1 The term "Adjusted Original HOME Loan Note" means the promissory note in the principal amount of Four Hundred Thirty-Eight Thousand Nine Hundred Forty-Nine Dollars ($438,949) of even date herewith, executed by Trustor in favor of Beneficiary, as it may be amended or restated, the payment of which is secured by this Deed of Trust. The terms and provisions of the Adjusted Original HOME Loan Note are incorporated herein by reference. Section 1.2 The term "Default Rate" means the lesser of the maximum rate permitted by law and ten percent (10%) per annum. Section 1.3 The term "Intercreditor Agreement" means that certain Intercreditor Agreement of even date herewith, among Trustor, Beneficiary, and the City of Concord. Section 1.4 The term "Loan" means the loan made by Beneficiary to Trustor in the amount of One Million Nine Hundred Thirty-Eight Thousand Nine Hundred Forty-Nine Dollars ($1,938,949). Section 1.5 The term "Loan Agreement" means that certain HOME and HOPWA Loan Agreement between Trustor and Beneficiary, of even date herewith, as such may be amended from time to time, providing for the Beneficiary to loan to Trustor One Million Nine Hundred Thirty-Eight Thousand Nine Hundred Forty-Nine Dollars ($1,938,949). July 12, 2016 Contra Costa County Board of Supervisors 1288 863\99\1889541.3 4 Section 1.6 The term "Loan Documents" means this Deed of Trust, the Note, the Loan Agreement, the Intercreditor Agreement, and the Regulatory Agreement, and any other agreements, debt, loan or security instruments between Trustor and Beneficiary relating to the Loan. Section 1.7 The term "New Loan Note" means the promissory note in the principal amount of One Million Five Hundred Thousand Dollars ($1,500,000) of even date herewith, executed by Trustor in favor of Beneficiary, as it may be amended or restated, the payment of which is secured by this Deed of Trust. The terms and provisions of the New Loan Note are incorporated herein by reference Section 1.8 The term "Note" means collectively, the New Loan Note and the Adjusted Original HOME Loan Note. Section 1.9 The term "Principal" means the amounts required to be paid under the Note. Section 1.10 The term "Regulatory Agreement" means collectively, the HOME/HOPWA Regulatory Agreement and Declaration of Restrictive Covenants and County Regulatory Agreement and Declaration of Restrictive Covenants of even date herewith, by and between Beneficiary and Trustor. ARTICLE 2 MAINTENANCE AND MODIFICATION OF THE PROPERTY AND SECURITY Section 2.1 Maintenance and Modification of the Property by Trustor. The Trustor agrees that at all times prior to full payment and performance of the Secured Obligations, the Trustor will, at the Trustor's own expense, maintain, preserve and keep the Security or cause the Security to be maintained and preserved in good condition. The Trustor will from time to time make or cause to be made all repairs, replacements and renewals deemed proper and necessary by it. The Beneficiary has no responsibility in any of these matters or for the making of improvements or additions to the Security. Trustor agrees to pay fully and discharge (or cause to be paid fully and discharged) all claims for labor done and for material and services furnished in connection with the Security, diligently to file or procure the filing of a valid notice of cessation upon the event of a cessation of labor on the work or construction on the Security for a continuous period of thirty (30) days or more, and to take all other reasonable steps to forestall the assertion of claims of lien against the Security or any part thereof. Trustor irrevocably appoints, designates and authorizes Beneficiary as its agent (said agency being coupled with an interest) with the authority, but without any obligation, to file for record any notices of completion or cessation of labor or any other notice that Beneficiary deems necessary or desirable to protect its interest in and to the Security or the Loan Documents; provided, however, that Beneficiary exercises its rights as agent of Trustor only in the event that Trustor fails to take, or fails to diligently continue to take, those actions as July 12, 2016 Contra Costa County Board of Supervisors 1289 863\99\1889541.3 5 hereinbefore provided. Upon demand by Beneficiary, Trustor shall make or cause to be made such demands or claims as Beneficiary specifies upon laborers, materialmen, subcontractors or other persons who have furnished or claim to have furnished labor, services or materials in connection with the Security. Nothing herein contained requires Trustor to pay any claims for labor, materials or services which Trustor in good faith disputes and is diligently contesting provided that Trustor shall, within thirty (30) days after the filing of any claim of lien, record in the Office of the Recorder of Contra Costa County, a surety bond in an amount 1 and 1/2 times the amount of such claim item to protect against a claim of lien. Section 2.2 Granting of Easements. Trustor may not grant easements, licenses, rights-of-way or other rights or privileges in the nature of easements with respect to any property or rights included in the Security except those required or desirable for installation and maintenance of public utilities including, without limitation, water, gas, electricity, sewer, telephone and telegraph, or those required by law, and as approved, in writing, by Beneficiary. Section 2.3 Assignment of Rents. As part of the consideration for the indebtedness evidenced by the Note, Trustor hereby absolutely and unconditionally assigns and transfers to Beneficiary all the rents and revenues of the Property including those now due, past due, or to become due by virtue of any lease or other agreement for the occupancy or use of all or any part of the Property, regardless of to whom the rents and revenues of the Property are payable, subject to the rights of senior lenders that are approved by the Beneficiary pursuant to the Loan Agreement. Trustor hereby authorizes Beneficiary or Beneficiary's agents to collect the aforesaid rents and revenues and hereby directs each tenant of the Property to pay such rents to Beneficiary or Beneficiary's agents; provided, however, that prior to written notice given by Beneficiary to Trustor of the breach by Trustor of any covenant or agreement of Trustor in the Loan Documents, Trustor shall collect and receive all rents and revenues of the Property as trustee for the benefit of Beneficiary and Trustor to apply the rents and revenues so collected to the Secured Obligations with the balance, so long as no such breach has occurred and is continuing, to the account of Trustor, it being intended by Trustor and Beneficiary that this assignment of rents constitutes an absolute assignment and not an assignment for additional security only. Upon delivery of written notice by Beneficiary to Trustor of the breach by Trustor of any covenant or agreement of Trustor in the Loan Documents, and without the necessity of Beneficiary entering upon and taking and maintaining full control of the Property in person, by agent or by a court-appointed receiver, Beneficiary shall immediately be entitled to possession of all rents and revenues of the Property as specified in this Section 2.3 as the same becomes due and payable, including but not limited to, rents then due and unpaid, and all such rents will immediately upon delivery of such notice be held by Trustor as trustee for the benefit of Beneficiary only; provided, however, that the written notice by Beneficiary to Trustor of the breach by Trustor contains a statement that Beneficiary exercises its rights to such rents. Trustor agrees that commencing upon delivery of such written notice of Trustor's breach by Beneficiary to Trustor, each tenant of the Property shall make such rents payable to and pay such rents to Beneficiary or Beneficiary's agents on Beneficiary's written demand to each tenant therefor, delivered to each tenant personally, by mail or by delivering July 12, 2016 Contra Costa County Board of Supervisors 1290 863\99\1889541.3 6 such demand to each rental unit, without any liability on the part of said tenant to inquire further as to the existence of a default by Trustor. Trustor hereby covenants that Trustor has not executed any prior assignment of said rents, other than as security to senior lenders, that Trustor has not performed, and will not perform, any acts or has not executed and will not execute, any instrument which would prevent Beneficiary from exercising its rights under this Section 2.3, and that at the time of execution of this Deed of Trust, there has been no anticipation or prepayment of any of the rents of the Property for more than two (2) months prior to the due dates of such rents. Trustor covenants that Trustor will not hereafter collect or accept payment of any rents of the Property more than two (2) months prior to the due dates of such rents. Trustor further covenants that, so long as the Secured Obligations are outstanding, Trustor will execute and deliver to Beneficiary such further assignments of rents and revenues of the Property as Beneficiary may from time to time request. Upon Trustor's breach of any covenant or agreement of Trustor in the Loan Documents, Beneficiary may in person, by agent or by a court-appointed receiver, regardless of the adequacy of Beneficiary's security, enter upon and take and maintain full control of the Property in order to perform all acts necessary and appropriate for the operation and maintenance thereof including, but not limited to, the execution, cancellation or modification of leases, the collection of all rents and revenues of the Property, the making of repairs to the Property and the execution or termination of contracts providing for the management or maintenance of the Property, all on such terms as are deemed best to protect the security of this Deed of Trust. In the event Beneficiary elects to seek the appointment of a receiver for the Property upon Trustor's breach of any covenant or agreement of Trustor in this Deed of Trust, Trustor hereby expressly consents to the appointment of such receiver. Beneficiary or the receiver will be entitled to receive a reasonable fee for so managing the Property. All rents and revenues collected subsequent to delivery of written notice by Beneficiary to Trustor of the breach by Trustor of any covenant or agreement of Trustor in the Loan Documents are to be applied first to the costs, if any, of taking control of and managing the Property and collecting the rents, including, but not limited to, attorney's fees, receiver's fees, premiums on receiver's bonds, costs of repairs to the Property, premiums on insurance policies, taxes, assessments and other charges on the Property, and the costs of discharging any obligation or liability of Trustor as lessor or landlord of the Property and then to the sums secured by this deed of Trust. Beneficiary or the receiver is to have access to the books and records used in the operation and maintenance of the Property and will be liable to account only for those rents actually received. Beneficiary is not liable to Trustor, anyone claiming under or through Trustor or anyone having an interest in the Property by reason of anything done or left undone by Beneficiary under this Section 2.3. If the rents of the Property are not sufficient to meet the costs, if any, of taking control of and managing the Property and collecting the rents, any funds expended by Beneficiary for such purposes will become part of the Secured Obligations pursuant to Section 3.3 hereof. Unless Beneficiary and Trustor agree in writing to other terms of payment, such amounts are payable by Trustor to Beneficiary upon notice from Beneficiary to Trustor requesting payment thereof and will bear interest from the date of disbursement at the rate stated in Section 3.3. July 12, 2016 Contra Costa County Board of Supervisors 1291 863\99\1889541.3 7 If the Beneficiary or the receiver enters upon and takes and maintains control of the Property, neither that act nor any application of rents as provided herein will cure or waive any default under this Deed of Trust or invalidate any other right or remedy available to Beneficiary under applicable law or under this Deed of Trust. This assignment of rents of the Property will terminate at such time as this Deed of Trust ceases to secure the Secured Obligations. ARTICLE 3 TAXES AND INSURANCE; ADVANCES Section 3.1 Taxes, Other Governmental Charges and Utility Charges. Trustor shall pay, or cause to be paid, prior to the date of delinquency, all taxes, assessments, charges and levies imposed by any public authority or utility company that are or may become a lien affecting the Security or any part thereof; provided, however, that Trustor is not required to pay and discharge any such tax, assessment, charge or levy so long as (a) the legality thereof is promptly and actively contested in good faith and by appropriate proceedings, and (b) Trustor maintains reserves adequate to pay any liabilities contested pursuant to this Section 3.1. With respect to taxes, special assessments or other similar governmental charges, Trustor shall pay such amount in full prior to the attachment of any lien therefor on any part of the Security; provided, however, if such taxes, assessments or charges can be paid in installments, Trustor may pay in such installments. Except as provided in clause (b) of the first sentence of this paragraph, the provisions of this Section 3.1 may not be construed to require that Trustor maintain a reserve account, escrow account, impound account or other similar account for the payment of future taxes, assessments, charges and levies. In the event that Trustor fails to pay any of the items required by this Section to be paid by Trustor, Beneficiary may (but is under no obligation to) pay the same, after the Beneficiary has notified the Trustor of such failure to pay and the Trustor fails to fully pay such items within seven (7) business days after receipt of such notice. Any amount so advanced therefor by Beneficiary, together with interest thereon from the date of such advance at the maximum rate permitted by law, will become part of the Secured Obligations secured hereby, and Trustor agrees to pay all such amounts. Section 3.2 Provisions Respecting Insurance. Trustor agrees to provide insurance conforming in all respects to that required under the Loan Documents during the course of construction and following completion, and at all times until all amounts secured by this Deed of Trust have been paid, all Secured Obligations secured hereunder have been fulfilled, and this Deed of Trust has been reconveyed. All such insurance policies and coverages are to be maintained at Trustor's sole cost and expense. Certificates of insurance for all of the above insurance policies, showing the same to be in full force and effect, are to be delivered to the Beneficiary upon demand therefor at any time prior to Trustor's satisfaction of the Secured Obligations. July 12, 2016 Contra Costa County Board of Supervisors 1292 863\99\1889541.3 8 Section 3.3 Advances. In the event the Trustor fails to maintain the full insurance coverage required by this Deed of Trust or fails to keep the Security in accordance with the Loan Documents, the Beneficiary, after at least seven (7) days prior notice to Trustor, may (but is under no obligation to) (i) take out the required policies of insurance and pay the premiums on the same, and (ii) make any repairs or replacements that are necessary and provide for payment thereof. All amounts so advanced by the Beneficiary will become part of the Secured Obligations (together with interest as set forth below) and will be secured hereby, which amounts the Trustor agrees to pay on the demand of the Beneficiary, and if not so paid, will bear interest from the date of the advance at the Default Rate. ARTICLE 4 DAMAGE, DESTRUCTION OR CONDEMNATION Section 4.1 Awards and Damages. Subject to the rights of senior lenders, all judgments, awards of damages, settlements and compensation made in connection with or in lieu of (1) the taking of all or any part of or any interest in the Property by or under assertion of the power of eminent domain, (2) any damage to or destruction of the Property or any part thereof by insured casualty, and (3) any other injury or damage to all or any part of the Property (collectively, the "Funds") are hereby assigned to and are to be paid to the Beneficiary by a check made payable to the Beneficiary. The Beneficiary is authorized and empowered (but not required) to collect and receive any Funds and is authorized to apply them in whole or in part to any indebtedness or obligation secured hereby, in such order and manner as the Beneficiary determines at its sole option. The Beneficiary is entitled to settle and adjust all claims under insurance policies provided under this Deed of Trust and may deduct and retain from the proceeds of such insurance the amount of all expenses incurred by it in connection with any such settlement or adjustment. All or any part of the amounts so collected and recovered by the Beneficiary may be released to Trustor upon such conditions as the Beneficiary may impose for its disposition. Application of all or any part of the Funds collected and received by the Beneficiary or the release thereof will not cure or waive any default under this Deed of Trust. The rights of the Beneficiary under this Section 4.1 are subject to the rights of any senior mortgage lender. Notwithstanding any provision herein or in any other Loan Document to the contrary, the Beneficiary shall release the Funds to Trustor to be used to reconstruct the improvements on the Property provided that Beneficiary reasonably determines that Trustor (taking into account the Funds) has sufficient funds to rebuild the improvements in substantially the form that existed prior to the casualty or condemnation. July 12, 2016 Contra Costa County Board of Supervisors 1293 863\99\1889541.3 9 ARTICLE 5 AGREEMENTS AFFECTING THE PROPERTY; FURTHER ASSURANCES; PAYMENT OF PRINCIPAL AND INTEREST Section 5.1 Other Agreements Affecting Property. Trustor shall duly and punctually perform all terms, covenants, conditions and agreements binding upon it under the Loan Documents and any other agreement of any nature whatsoever now or hereafter involving or affecting the Security or any part thereof. Section 5.2 Agreement to Pay Attorneys' Fees and Expenses. In the event of any Event of Default (as defined in Section 7.1) hereunder, and if the Beneficiary employs attorneys or incurs other expenses for the collection of amounts due hereunder or the enforcement of performance or observance of an obligation or agreement on the part of the Trustor in this Deed of Trust, the Trustor agrees that it will, on demand therefor, pay to the Beneficiary the reasonable fees of such attorneys and such other reasonable expenses so incurred by the Beneficiary. Any such amounts paid by the Beneficiary will be added to the Secured Obligations, and will bear interest from the date such expenses are incurred at the Default Rate. Section 5.3 Payment of the Principal. The Trustor shall pay to the Beneficiary the Principal and any other payments as set forth in the Note in the amounts and by the times set out therein. Section 5.4 Personal Property. To the maximum extent permitted by law, the personal property subject to this Deed of Trust is deemed to be fixtures and part of the real property and this Deed of Trust constitutes a fixtures filing under the California Commercial Code. As to any personal property not deemed or permitted to be fixtures, this Deed of Trust constitutes a security agreement under the California Commercial Code. Section 5.5 Financing Statement. The Trustor shall execute and deliver to the Beneficiary such financing statements pursuant to the appropriate statutes, and any other documents or instruments as are required to convey to the Beneficiary a valid perfected security interest in the Security. The Trustor shall perform all acts that the Beneficiary reasonably requests so as to enable the Beneficiary to maintain a valid perfected security interest in the Security in order to secure the payment of the Note in accordance with its terms. The Beneficiary is authorized to file a copy of any such financing statement in any jurisdiction(s) as it deems appropriate from time to time in order to protect the security interest established pursuant to this instrument. July 12, 2016 Contra Costa County Board of Supervisors 1294 863\99\1889541.3 10 Section 5.6 Operation of the Security. The Trustor shall operate the Security (and, in case of a transfer of a portion of the Security subject to this Deed of Trust, the transferee shall operate such portion of the Security) in full compliance with the Loan Documents. Section 5.7 Inspection of the Security. At any and all reasonable times upon seventy-two (72) hours' notice, the Beneficiary and its duly authorized agents, attorneys, experts, engineers, accountants and representatives, may inspect the Security, without payment of charges or fees. Section 5.8 Nondiscrimination. The Trustor herein covenants by and for itself, its heirs, executors, administrators, and assigns, and all persons claiming under or through them, that there will be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, age, sex, sexual orientation, marital status, national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Security, nor will the Trustor itself or any person claiming under or through it establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees in the Security. The foregoing covenants run with the land. ARTICLE 6 HAZARDOUS WASTE Trustor shall keep and maintain the Property (including, but not limited to, soil and ground water conditions) in compliance with all Hazardous Materials Laws and shall not cause or permit the Property to be in violation of any Hazardous Materials Law (defined below). Trustor may not cause or permit the use, generation, manufacture, storage or disposal of on, under, or about the Property or transportation to or from the Property of (i) any substance, material, or waste that is petroleum, petroleum-related, or a petroleum by-product, asbestos or asbestos-containing material, polychlorinated biphenyls, flammable, explosive, radioactive, freon gas, radon, or a pesticide, herbicide, or any other agricultural chemical, and (ii) any waste, substance or material defined as or included in the definition of "hazardous substances," "hazardous wastes," "hazardous materials," "toxic materials", "toxic waste", "toxic substances," or words of similar import under any Hazardous Materials Law (collectively referred to hereinafter as "Hazardous Materials"), except such of the foregoing as may be customarily used in construction or operation of a multi-family residential development. Trustor shall immediately advise Beneficiary in writing if at any time it receives written notice of: (i) any and all enforcement, cleanup, removal or other governmental or regulatory actions instituted, completed or threatened against Trustor or the Property pursuant to any applicable federal, state or local laws, ordinances, or regulations relating to any Hazardous Materials, health, industrial hygiene, environmental conditions, or the regulation or protection of the environment, and all amendments thereto as of this date and to be added in the future and any July 12, 2016 Contra Costa County Board of Supervisors 1295 863\99\1889541.3 11 successor statute or rule or regulation promulgated thereto ("Hazardous Materials Law"); (ii) all claims made or threatened by any third party against Trustor or the Property relating to damage, contribution, cost recovery compensation, loss or injury resulting from any Hazardous Materials (the matters set forth in clauses (i) and (ii) above are hereinafter referred to as "Hazardous Materials Claims"); and (iii) Trustor's discovery of any occurrence or condition on any real property adjoining or in the vicinity of the Property that could cause the Property or any part thereof to be classified as "border-zone property" (as defined in California Health and Safety Code Section 25117.4) under the provision of California Health and Safety Code Section 25220 et seq., or any regulation adopted in accordance therewith, or to be otherwise subject to any restrictions on the ownership, occupancy, transferability or use of the Property under any Hazardous Materials Law. Beneficiary has the right to join and participate in, as a party if it so elects, and be represented by counsel acceptable to Beneficiary (or counsel of its own choice if a conflict exists with Trustor) in, any legal proceedings or actions initiated in connection with any Hazardous Materials Claims, and to have its reasonable attorneys' fees in connection therewith paid by Trustor. Trustor shall indemnify and hold harmless Beneficiary and its boardmembers, directors, officers, employees, agents, successors and assigns from and against any loss, damage, cost, fine, penalty, judgment, award, settlement, expense or liability, directly or indirectly arising out of or attributable to: (i) any actual or alleged past or present violation of any Hazardous Materials Law; (ii) any Hazardous Materials Claim; (iii) any actual or alleged past or present use, generation, manufacture, storage, release, threatened release, discharge, disposal, transportation, or presence of Hazardous Materials on, under, or about the Property; (iv) any investigation, cleanup, remediation, removal, or restoration work of site conditions of the Property relating to Hazardous Materials (whether on the Property or any other property); and (v) the breach of any representation of warranty by or covenant of Trustor in this Article, and Section 5.1(l) of the Loan Agreement. Such indemnity must include, without limitation: (x) all consequential damages; (y) the costs of any required or necessary investigation, repair, cleanup or detoxification of the Property and the preparation and implementation of any closure, remedial or other required plans; and (z) all reasonable costs and expenses incurred by Beneficiary in connection with clauses (x) and (y), including but not limited to reasonable attorneys' fees and consultant fees. This indemnification applies whether or not any government agency has issued a cleanup order. Losses, claims, costs, suits, liability, and expenses covered by this indemnification provision include, but are not limited to: (1) losses attributable to diminution in the value of the Property; (2) loss or restriction of use of rentable space on the Property; (3) adverse effect on the marketing of any rental space on the Property; and (4) penalties and fines levied by, and remedial or enforcement actions of any kind issued by any regulatory agency (including but not limited to the costs of any required testing, remediation, repair, removal, cleanup or detoxification of the Property and surrounding properties). This obligation to indemnify will survive reconveyance of this Deed of Trust and will not be diminished or affected in any respect as a result of any notice, disclosure, knowledge, if any, to or by Beneficiary of Hazardous Materials. Without Beneficiary's prior written consent, which may not be unreasonably withheld, Trustor may not take any remedial action in response to the presence of any Hazardous Materials July 12, 2016 Contra Costa County Board of Supervisors 1296 863\99\1889541.3 12 on, under or about the Property, nor enter into any settlement agreement, consent decree, or other compromise in respect to any Hazardous Material Claims, which remedial action, settlement, consent decree or compromise might, in Beneficiary's reasonable judgment, impairs the value of the Beneficiary's security hereunder; provided, however, that Beneficiary's prior consent is not necessary in the event that the presence of Hazardous Materials on, under, or about the Property either poses an immediate threat to the health, safety or welfare of any individual or is of such a nature that an immediate remedial response is necessary and it is not reasonably possible to obtain Beneficiary's consent before taking such action, provided that in such event Trustor notifies Beneficiary as soon as practicable of any action so taken. Beneficiary agrees not to withhold its consent, where such consent is required hereunder, if (i) a particular remedial action is ordered by a court of competent jurisdiction; (ii) Trustor will or may be subjected to civil or criminal sanctions or penalties if it fails to take a required action; (iii) Trustor establishes to the reasonable satisfaction of Beneficiary that there is no reasonable alternative to such remedial action which would result in less impairment of Beneficiary's security hereunder; or (iv) the action has been agreed to by Beneficiary. The Trustor hereby acknowledges and agrees that (i) this Article is intended as the Beneficiary's written request for information (and the Trustor's response) concerning the environmental condition of the Property as required by California Code of Civil Procedure Section 726.5, and (ii) each representation and warranty in this Deed of Trust or any of the other Loan Documents (together with any indemnity applicable to a breach of any such representation and warranty) with respect to the environmental condition of the property is intended by the Beneficiary and the Trustor to be an "environmental provision" for purposes of California Code of Civil Procedure Section 736. In the event that any portion of the Property is determined to be "environmentally impaired" (as that term is defined in California Code of Civil Procedure Section 726.5(e)(3) or to be an "affected parcel" (as that term is defined in California Code of Civil Procedure Section 726.5(e)(1), then, without otherwise limiting or in any way affecting the Beneficiary's or the Trustee's rights and remedies under this Deed of Trust, the Beneficiary may elect to exercise its rights under California Code of Civil Procedure Section 726.5(a) to (1) waive its lien on such environmentally impaired or affected portion of the Property and (2) exercise (a) the rights and remedies of an unsecured creditor, including reduction of its claim against the Trustor to judgment, and (b) any other rights and remedies permitted by law. For purposes of determining the Beneficiary's right to proceed as an unsecured creditor under California Code of Civil Procedure Section 726.5(a), the Trustor will be deemed to have willfully permitted or acquiesced in a release or threatened release of hazardous materials, within the meaning of California Code of Civil Procedure Section 726.5(d)(1), if the release or threatened release of hazardous materials was knowingly or negligently caused or contributed to by any lessee, occupant, or user of any portion of the Property and the Trustor knew or should have known of the activity by such lessee, occupant, or user which caused or contributed to the release or threatened release. All costs and expenses, including (but not limited to) attorneys' fees, incurred by the Beneficiary in connection with any action commenced under this paragraph, including any action required by California Code of Civil Procedure Section 726.5(b) to determine the degree to which the Property is environmentally impaired, plus interest thereon at the Default Rate until paid, will be added to the indebtedness secured by this Deed of Trust and will be due and payable to the Beneficiary upon its demand made at any time following the conclusion of such action. July 12, 2016 Contra Costa County Board of Supervisors 1297 863\99\1889541.3 13 ARTICLE 7 EVENTS OF DEFAULT AND REMEDIES Section 7.1 Events of Default. The following are events of default following the expiration of any applicable notice and cure periods (each an "Event of Default"): (i) failure to make any payment to be paid by Trustor under the Loan Documents; (ii) failure to observe or perform any of Trustor's other covenants, agreements or obligations under the Loan Documents, including, without limitation, the provisions concerning discrimination; (iii) failure to make any payment or observe or perform any of Trustor's other covenants, agreements, or obligations under any Secured Obligations, which default is not cured within the times and in the manner provided therein; and (iv) failure to make any payments or observe or perform any of Trustor's other covenants, agreements or obligations under any other debt instrument or regulatory agreement secured by the Property, which default is not cured within the time and in the manner provided therein. Beneficiary shall provide notice of an Event of Default in the manner set forth in the Loan Agreement. Section 7.2 Acceleration of Maturity. If an Event of Default has occurred and is continuing, then at the option of the Beneficiary, the amount of any payment related to the Event of Default and all unpaid Secured Obligations are immediately due and payable, and no omission on the part of the Beneficiary to exercise such option when entitled to do so may be construed as a waiver of such right. Section 7.3 The Beneficiary's Right to Enter and Take Possession. If an Event of Default has occurred and is continuing, the Beneficiary may: (a) Either in person or by agent, with or without bringing any action or proceeding, or by a receiver appointed by a court, and without regard to the adequacy of its security, enter upon the Property and take possession thereof (or any part thereof) and of any of the Security, in its own name or in the name of Trustee, and do any acts that it deems necessary or desirable to preserve the value or marketability of the Property, or part thereof or interest therein, increase the income therefrom or protect the security thereof. The entering upon and taking possession of the Security will not cure or waive any Event of Default or Notice of Sale (as defined in Section 7.3(c), below) hereunder or invalidate any act done in response to such Event of Default or pursuant to such Notice of Sale, and, notwithstanding the continuance in possession of the Security, Beneficiary will be entitled to exercise every right provided for in this Deed of Trust, or by law upon occurrence of any Event of Default, including the right to exercise the power of sale; (b) Commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver, or specifically enforce any of the covenants hereof; July 12, 2016 Contra Costa County Board of Supervisors 1298 863\99\1889541.3 14 (c) Deliver to Trustee a written declaration of an Event of Default and demand for sale, and a written notice of default and election to cause Trustor's interest in the Security to be sold ("Notice of Sale"), which notice Trustee or Beneficiary shall cause to be duly filed for record in the Official Records of Contra Costa County; or (d) Exercise all other rights and remedies provided herein, in the instruments by which the Trustor acquires title to any Security, or in any other document or agreement now or hereafter evidencing, creating or securing the Secured Obligations. Section 7.4 Foreclosure By Power of Sale. Should the Beneficiary elect to foreclose by exercise of the power of sale herein contained, the Beneficiary shall deliver to the Trustee the Notice of Sale and shall deposit with Trustee this Deed of Trust which is secured hereby (and the deposit of which will be deemed to constitute evidence that the Secured Obligations are immediately due and payable), and such receipts and evidence of any expenditures made that are additionally secured hereby as Trustee may require. (a) Upon receipt of the Notice of Sale from the Beneficiary, Trustee shall cause to be recorded, published and delivered to Trustor such Notice of Sale as is then required by law and by this Deed of Trust. Trustee shall, without demand on Trustor, after the lapse of that amount of time as is then required by law and after recordation of such Notice of Sale as required by law, sell the Security, at the time and place of sale set forth in the Notice of Sale, whether as a whole or in separate lots or parcels or items, as Trustee deems expedient and in such order as it determines, unless specified otherwise by the Trustor according to California Civil Code Section 2924g(b), at public auction to the highest bidder, for cash in lawful money of the United States payable at the time of sale. Trustee shall deliver to such purchaser or purchasers thereof its good and sufficient deed or deeds conveying the property so sold, but without any covenant or warranty, express or implied. The recitals in such deed or any matters of facts will be conclusive proof of the truthfulness thereof. Any person, including, without limitation, Trustor, Trustee or Beneficiary, may purchase at such sale. (b) After deducting all reasonable costs, fees and expenses of Trustee, including costs of evidence of title in connection with such sale, Trustee shall apply the proceeds of sale to payment of: (i) the unpaid Principal amount of the Note; (ii) all other Secured Obligations owed to Beneficiary under the Loan Documents; (iii) all other sums then secured hereby; and (iv) the remainder, if any, to Trustor. (c) Trustee may postpone sale of all or any portion of the Property by public announcement at such time and place of sale, and from time to time thereafter, and without further notice make such sale at the time fixed by the last postponement, or may, in its discretion, give a new Notice of Sale. Section 7.5 Receiver. If an Event of Default occurs and is continuing, Beneficiary, as a matter of right and without further notice to Trustor or anyone claiming under the Security, and without regard to July 12, 2016 Contra Costa County Board of Supervisors 1299 863\99\1889541.3 15 the then value of the Security or the interest of Trustor therein, may apply to any court having jurisdiction to appoint a receiver or receivers of the Security (or a part thereof), and Trustor hereby irrevocably consents to such appointment and waives further notice of any application therefor. Any such receiver or receivers will have all the usual powers and duties of receivers in like or similar cases, and all the powers and duties of Beneficiary in case of entry as provided herein, and will continue as such and exercise all such powers until the date of confirmation of sale of the Security, unless such receivership is sooner terminated. Section 7.6 Remedies Cumulative. No right, power or remedy conferred upon or reserved to the Beneficiary by this Deed of Trust is intended to be exclusive of any other right, power or remedy, but each and every such right, power and remedy will be cumulative and concurrent and will be in addition to any other right, power and remedy given hereunder or now or hereafter existing at law or in equity. Section 7.7 No Waiver. (a) No delay or omission of the Beneficiary to exercise any right, power or remedy accruing upon any Event of Default will exhaust or impair any such right, power or remedy, and may not be construed to be a waiver of any such Event of Default or acquiescence therein; and every right, power and remedy given by this Deed of Trust to the Beneficiary may be exercised from time to time and as often as may be deemed expeditious by the Beneficiary. Beneficiary's express or implied consent to breach, or waiver of, any obligation of the Trustor hereunder will not be deemed or construed to be a consent to any subsequent breach, or further waiver, of such obligation or of any other obligations of the Trustor hereunder. Failure on the part of the Beneficiary to complain of any act or failure to act or to declare an Event of Default, irrespective of how long such failure continues, will not constitute a waiver by the Beneficiary of its right hereunder or impair any rights, power or remedies consequent on any Event of Default by the Trustor. (b) If the Beneficiary (i) grants forbearance or an extension of time for the payment or performance of any Secured Obligation, (ii) takes other or additional security or the payment of any sums secured hereby, (iii) waives or does not exercise any right granted in the Loan Documents, (iv) releases any part of the Security from the lien of this Deed of Trust, or otherwise changes any of the terms, covenants, conditions or agreements in the Loan Documents, (v) consents to the granting of any easement or other right affecting the Security, or (vi) makes or consents to any agreement subordinating the lien hereof, any such act or omission will not release, discharge, modify, change or affect the original liability under this Deed of Trust, or any other obligation of the Trustor or any subsequent purchaser of the Security or any part thereof, or any maker, co-signer, endorser, surety or guarantor (unless expressly released); nor will any such act or omission preclude the Beneficiary from exercising any right, power or privilege herein granted or intended to be granted in any Event of Default then made or of any subsequent Event of Default, nor, except as otherwise expressly provided in an instrument or instruments executed by the Beneficiary, will the lien of this Deed of Trust be altered thereby. Section 7.8 Suits to Protect the Security. The Beneficiary has the power to (a) institute and maintain such suits and proceedings as July 12, 2016 Contra Costa County Board of Supervisors 1300 863\99\1889541.3 16 it may deem expedient to prevent any impairment of the Security and the rights of the Beneficiary as may be unlawful or any violation of this Deed of Trust, (b) preserve or protect its interest (as described in this Deed of Trust) in the Security, and (c) restrain the enforcement of or compliance with any legislation or other governmental enactment, rule or order that may be unconstitutional or otherwise invalid, if the enforcement for compliance with such enactment, rule or order would impair the Security thereunder or be prejudicial to the interest of the Beneficiary. Section 7.9 Trustee May File Proofs of Claim. In the case of any receivership, insolvency, bankruptcy, reorganization, arrangement, adjustment, composition or other proceedings affecting the Trustor, its creditors or its property, the Beneficiary, to the extent permitted by law, will be entitled to file such proofs of claim and other documents as may be necessary or advisable in order to have the claims of the Beneficiary allowed in such proceedings and for any additional amount that becomes due and payable by the Trustor hereunder after such date. Section 7.10 Waiver. The Trustor waives presentment, demand for payment, notice of dishonor, notice of protest and nonpayment, protest, notice of interest on interest and late charges, and diligence in taking any action to collect any Secured Obligations or in proceedings against the Security, in connection with the delivery, acceptance, performance, default, endorsement or guaranty of this Deed of Trust. ARTICLE 8 MISCELLANEOUS Section 8.1 Amendments. This Deed of Trust cannot be waived, changed, discharged or terminated orally, but only by an instrument in writing signed by Beneficiary and Trustor. Section 8.2 Reconveyance by Trustee. Upon written request of Beneficiary stating that all Secured Obligations have been paid or forgiven, and all obligations under the Loan Documents have been performed in full, and upon surrender of this Deed of Trust to Trustee for cancellation and retention, and upon payment by Trustor of Trustee's reasonable fees, Trustee shall reconvey the Security to Trustor, or to the person or persons legally entitled thereto. Section 8.3 Notices. If at any time after the execution of this Deed of Trust it becomes necessary or convenient for one of the parties hereto to serve any notice, demand or communication upon the other party, such notice, demand or communication must be in writing and is to be served July 12, 2016 Contra Costa County Board of Supervisors 1301 863\99\1889541.3 17 personally or by depositing the same in the registered United States mail, return receipt requested, postage prepaid and (1) if intended for Beneficiary is to be addressed to: County of Contra Costa Department of Conservation and Development 30 Muir Road Martinez, CA 94553 Attention: Affordable Housing Program Manager and (2) if intended for Trustor is to be addressed to: VL, L.P. c/o VL, LLC 22645 Grand Street Hayward, CA 94541 Attention: President With a copy to: Wells Fargo Affordable Housing Community Development Corporation 301 S. College Street, MAC D1053-170 Charlotte, NC 28288 Attn: Director of Tax Credit Asset Management Any notice, demand or communication will be deemed given, received, made or communicated on the date personal delivery is effected or, if mailed in the manner herein specified, on the delivery date or date delivery is refused by the addressee, as shown on the return receipt. Either party may change its address at any time by giving written notice of such change to Beneficiary or Trustor as the case may be, in the manner provided herein, at least ten (10) days prior to the date such change is desired to be effective. Section 8.4 Successors and Joint Trustors. Where an obligation created herein is binding upon Trustor, the obligation also applies to and binds any transferee or successors in interest. Where the terms of the Deed of Trust have the effect of creating an obligation of the Trustor and a transferee, such obligation will be deemed to be a joint and several obligation of the Trustor and such transferee. Where Trustor is more than one entity or person, all obligations of Trustor will be deemed to be a joint and several obligation of each and every entity and person comprising Trustor. Section 8.5 Captions. The captions or headings at the beginning of each Section hereof are for the convenience of the parties and are not a part of this Deed of Trust. Section 8.6 Invalidity of Certain Provisions. Every provision of this Deed of Trust is intended to be severable. In the event any term July 12, 2016 Contra Costa County Board of Supervisors 1302 863\99\1889541.3 18 or provision hereof is declared to be illegal or invalid for any reason whatsoever by a court or other body of competent jurisdiction, such illegality or invalidity will not affect the balance of the terms and provisions hereof, which terms and provisions will remain binding and enforceable. If the lien of this Deed of Trust is invalid or unenforceable as to any part of the debt, or if the lien is invalid or unenforceable as to any part of the Security, the unsecured or partially secured portion of the debt, and all payments made on the debt, whether voluntary or under foreclosure or other enforcement action or procedure, will be considered to have been first paid or applied to the full payment of that portion of the debt that is not secured or partially secured by the lien of this Deed of Trust. Section 8.7 Governing Law. This Deed of Trust is governed by the laws of the State of California. Section 8.8 Gender and Number. In this Deed of Trust the singular includes the plural and the masculine includes the feminine and neuter and vice versa, if the context so requires. Section 8.9 Deed of Trust, Mortgage. Any reference in this Deed of Trust to a mortgage also refers to a deed of trust and any reference to a deed of trust also refers to a mortgage. Section 8.10 Actions. Trustor shall appear in and defend any action or proceeding purporting to affect the Security. Section 8.11 Substitution of Trustee. Beneficiary may from time to time substitute a successor or successors to any Trustee named herein or acting hereunder to execute this Trust. Upon such appointment, and without conveyance to the successor trustee, the latter will be vested with all title, powers, and duties conferred upon any Trustee herein named or acting hereunder. Each such appointment and substitution is to be made by written instrument executed by Beneficiary, containing reference to this Deed of Trust and its place of record, which, when duly recorded in the proper office of the county or counties in which the Property is situated, will be conclusive proof of proper appointment of the successor trustee. Section 8.12 Statute of Limitations. The pleading of any statute of limitations as a defense to any and all obligations secured by this Deed of Trust is hereby waived to the full extent permissible by law. Section 8.13 Acceptance by Trustee. Trustee accepts this Trust when this Deed of Trust, duly executed and acknowledged, is made public record as provided by law. Except as otherwise provided by law, the Trustee is not July 12, 2016 Contra Costa County Board of Supervisors 1303 863\99\1889541.3 19 obligated to notify any party hereto of a pending sale under this Deed of Trust or of any action or proceeding in which Trustor, Beneficiary, or Trustee is a party unless brought by Trustee. Section 8.14 Tax Credit Provisions. Notwithstanding anything to the contrary contained herein or in any documents secured by this Deed of Trust or contained in any subordination agreement, and to the extent applicable, the Beneficiary acknowledges and agrees that in the event of a foreclosure or deed-in-lieu of foreclosure (collectively, "Foreclosure") with respect to the Security encumbered by this Deed of Trust, the following rule contained in 26 U.S.C. Section 42(h)(6)(E)(ii), as amended, applies: For a period of three (3) years from the date of Foreclosure, with respect to an existing tenant of any low-income unit, (i) such tenant may not be subject to eviction or termination of their tenancy (other than for good cause), (ii) nor may such tenant's gross rent with respect to such unit be increased, except as otherwise permitted under Section 42 of the Internal Revenue Code. [Remainder of Page Left Intentionally Blank] July 12, 2016 Contra Costa County Board of Supervisors 1304 Signature page County Deed of Trust 863\99\1889541.3 20 IN WITNESS WHEREOF, Trustor has executed this Deed of Trust as of the day and year first above written. VL, L.P., a California limited partnership By: VL, LLC, its general partner By: Eden Housing, Inc., a California nonprofit public benefit corporation, its manager By:____________________ Linda Mandolini, President July 12, 2016 Contra Costa County Board of Supervisors 1305 863\99\1889541.3 STATE OF CALIFORNIA ) ) COUNTY OF __________________ ) On ____________________, before me, ___________________________, Notary Public, personally appeared ______________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify UNDER PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ______________________________________ Name: ______________________________ Notary Public A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. July 12, 2016 Contra Costa County Board of Supervisors 1306 A-1 863\99\1889541.3 EXHIBIT A LEGAL DESCRIPTION The land is situated in the State of California, County of Contra Costa, and is described as follows: July 12, 2016 Contra Costa County Board of Supervisors 1307 863\99\1889543.3 1 RECORDING REQUESTED PURSUANT AND WHEN RECORDED MAIL TO: Contra Costa County Department of Conservation and Development 30 Muir Road Martinez, CA 94553 Attn: Affordable Housing Program Manager No fee for recording pursuant to Government Code Section 27383 __________________________________________________________________________ INTERCREDITOR AGREEMENT (Virginia Lane Apartments) This Intercreditor Agreement (the "Agreement") is dated July 15, 2016, and is among the City of Concord, a municipal corporation (the "City"), the County of Contra Costa, a political subdivision of the State of California (the "County"), and VL, L.P., a California limited partnership ("Borrower"), with reference to the following facts: RECITALS A. Defined terms used but not defined in these recitals are as defined in Section 1 of this Agreement. B. Borrower is acquiring from Virginia Lane Limited Partnership, a California limited partnership (the "Seller") that certain real property located at 1121 Virginia Lane and 1140 Virginia Lane in the City of Concord, County of Contra Costa, State of California, as more particularly described in Exhibit A (collectively, the "Property"). Borrower intends to rehabilitate the ninety-one (91) multifamily housing units located on the Property that are available for rental to extremely low, very low and low income households, and that include two (2) manager's units (the "Development"). The Development as well as all landscaping, roads and parking spaces on the Property and any additional improvements on the Property, are the "Improvements". C. The County previously made a loan to the Seller in the principal amount of Two Hundred Ninety Thousand Dollars ($290,000) of HOME Funds (the "Original HOME Loan"). Pursuant to a Modification Agreement dated July 13, 2016 between the County and the Seller, the accrued interest on the Original HOME Loan has been capitalized into the principal balance of the Original HOME Loan such that the adjusted principal balance of the Original HOME Loan is Four Hundred Thirty-Eight Thousand Nine Hundred Forty-Nine Dollars ($438,949) (the "Adjusted Original HOME Loan"). Pursuant to an Omnibus Assignment, Assumption, and Consent Agreement of even date herewith among the County, the Seller, and Borrower, the Adjusted Original HOME Loan has been assigned to and assumed by Borrower. July 12, 2016 Contra Costa County Board of Supervisors 1308 863\99\1889543.3 2 D. The County is making an additional loan to Borrower of Five Hundred Thousand Dollars ($500,000) of HOME Investment Partnerships Act Program funds (the "New HOME Loan") and One Million Dollars ($1,000,000) in Housing Opportunities for Persons with AIDS Program funds (the "HOPWA Loan"). The Adjusted Original HOME Loan, the New HOME Loan and the HOPWA Loan combine for a total loan amount of One Million Nine Hundred Thirty-Eight Thousand Nine Hundred Forty-Nine Dollars ($1,938,949) (the "Combined County Loan"). The Combined County Loan is evidenced by the following documents, each of even date herewith: (i) HOME and HOPWA Loan Agreement by and between Borrower and the County (the "County Loan Agreement"), (ii) Deed of Trust With Assignment of Rents, Security Agreement and Fixture Filing executed by Borrower for the benefit of the County (the "County Deed of Trust"), and (iii) Promissory Note executed by Borrower for the benefit of the County in the amount of the New HOME Loan and the HOPWA Loan, and Promissory Note executed by Borrower for the benefit of the County in the amount of the Adjusted Original HOME Loan (collectively, the "County Notes"). E. The City previously made a loan to the Seller of Two Million Four Hundred Thirty- Four Thousand Two Hundred Dollars ($2,434,200) (the "Original City Loan"). Pursuant to Second Amended and Restated Loan Agreement by and among Borrower, the Seller, and the City dated July 15, 2016 (the "City Loan Agreement") the Original City Loan has been restructured and assigned to and assumed by Borrower so that the new principal amount of the Original City Loan is Three Million Four Hundred Sixty-Nine Thousand Ninety-One Dollars ($3,469,091) (the "Adjusted Original City Loan"). F. The City is making an additional loan to Borrower in the amount not to exceed One Million Three Hundred Thousand Dollars ($1,300,000) with an expected disbursement of One Million Two Hundred Eighty-Six Thousand Three Hundred Twelve Dollars ($1,286,312) (the "New City Loan"). The Adjusted Original City Loan and the New City Loan combine for a total loan amount of Four Million Seven Hundred Fifty-Five Thousand Four Hundred Three Dollars ($4,755,403) (the "Combined City Loan"). The Combined City Loan is evidenced by the following documents (among others): (i) the City Loan Agreement; (ii) Amended and Restated Deed of Trust, Assignment of Rents, Security Agreement, and Fixture Filing executed by Borrower for the benefit of the City, dated July 15, 2016 (the "City Deed of Trust"); and (iii) Promissory Note executed by Borrower for the benefit of the City in the amount of the New City Loan, and Amended and Restated Promissory Note executed by Borrower for the benefit of the City in the amount of the Adjusted Original City Loan (collectively, the "City Notes"). G. The City and the County desire to cause the City Deed of Trust and the County Deed of Trust (together, the "Deeds of Trust") to be equal in lien priority. The City and the County also desire to divide (i) the proceeds of any foreclosure, condemnation or insurance claim, (ii) the Lenders' Share of Residual Receipts, and (iii) the Borrower's Shared Portion of Residual Receipts. NOW, THEREFORE, the Parties agree as follows: July 12, 2016 Contra Costa County Board of Supervisors 1309 863\99\1889543.3 3 AGREEMENT 1. Definitions. The following terms have the following meanings: (a) "Adjusted Bank Subordinate Loan" means, to the extent less than the full amount of the Bank Subordinate Loan is funded, an amount equal the actual principal amount loaned to Borrower by the Bank pursuant to the documents between Borrower and the Bank evidencing the Bank Subordinate Loan. If the full amount of the Bank Subordinate Loan is funded, the Adjusted Bank Subordinate Loan is equal to the Bank Subordinate Loan. (b) "Adjusted HOPWA Loan" means, to the extent less than the full amount of the HOPWA Loan is funded, an amount equal the actual principal amount loaned to Borrower by the County pursuant to the County Loan Agreement. If the full amount of the HOPWA Loan is funded, the Adjusted HOPWA Loan is equal to the HOPWA Loan. (c) "Adjusted MHP Loan" means, to the extent less than the full amount of the MHP Loan is funded, an amount equal to the actual principal amount loaned to Borrower by HCD pursuant to the documents between Borrower and HCD evidencing the MHP Loan. If the full amount of the MHP Loan is funded, the Adjusted MHP Loan is equal to the MHP Loan. (d) "Adjusted New City Loan" means, to the extent less than the full amount of the New City Loan is funded, an amount equal the actual principal amount loaned to Borrower by the City pursuant to the documents between Borrower and the City evidencing the Combined City Loan, minus any Special City Loan Payment. If the full amount of the New City Loan is funded and no portion is repaid as a Special City Loan Payment, the Adjusted New City Loan is equal to the New City Loan. (e) "Adjusted New HOME Loan" means, to the extent less than the full amount of the New HOME Loan is funded, an amount equal the actual principal amount loaned to Borrower by the County pursuant to the County Loan Agreement, minus any Special County Loan Payment. If the full amount of the New HOME Loan is funded and no portion is repaid as a Special County Loan Payment, the Adjusted New HOME Loan is equal to the New HOME Loan. (f) "Adjusted Original City Loan" has the meaning set forth in Paragraph E of the Recitals. (g) "Adjusted Original HOME Loan" has the meaning set forth in Paragraph C of the Recitals. (h) "Annual County Loan Payment" has the meaning in Section 2(a). (i) "Annual City Loan Payment" has the meaning in Section 2(b). (j) "Annual Operating Expenses" means for each calendar year, the following costs reasonably and actually incurred for operation and maintenance of the Development: i. property taxes and assessments imposed on the Development; July 12, 2016 Contra Costa County Board of Supervisors 1310 863\99\1889543.3 4 ii. debt service currently due on a non-optional basis (excluding debt service due from residual receipts or surplus cash of the Development) on the Bank Loan; iii. on-site service provider fees for tenant social services, provided the County and City have approved, in writing, the plan and budget for such services before such services begin; iv. fees paid to the Government Lender with respect to the Government Lender Note; v. payment to HCD of a portion of the accrue interest on the MHP Loan pursuant to California Code of Regulations, Title 25, Section 7308; vi. property management fees and reimbursements, on–site property management office expenses, and salaries of property management and maintenance personnel, not to exceed amounts that are standard in the industry and which are pursuant to a management contract approved by the County and the City; vii. the Partnership/Asset Fee; viii. fees for accounting, audit, and legal services incurred by Borrower's general partner in the asset management of the Development, not to exceed amounts that are standard in the industry, to the extent such fees are not included in the Partnership/Asset Fee; ix. premiums for insurance required for the Improvements to satisfy the requirements of any lender of Approved Financing; x. utility services not paid for directly by tenants, including water, sewer, and trash collection; xi. maintenance and repair expenses and services; xii. any annual license or certificate of occupancy fees required for operation of the Development; xiii. security services; xiv. advertising and marketing; xv. cash deposited into the Replacement Reserve Account in the amount set forth in Section 4.2(a) of the County Loan Agreement; xvi. cash deposited into the Operating Reserve Account to maintain the amount set forth in Section 4.2(b) of the County Loan Agreement (excluding amounts deposited to initially capitalize the account); July 12, 2016 Contra Costa County Board of Supervisors 1311 863\99\1889543.3 5 xvii. payment of any previously unpaid portion of Developer Fee (without interest), not to exceed the amount set forth in Section 3.17 of the County Loan Agreement; xviii. extraordinary operating costs specifically approved in writing by the County and the City; xix. payments of deductibles in connection with casualty insurance claims not normally paid from reserves, the amount of uninsured losses actually replaced, repaired or restored, and not normally paid from reserves, and other ordinary and reasonable operating expenses approved in writing by the County and the City and not listed above. Annual Operating Expenses do not include the following: depreciation, amortization, depletion or other non-cash expenses, initial deposits to capitalize a reserve account, any amount expended from a reserve account, and any capital cost associated with the Development. (k) "Approved Financing" means all of the following loans, grants and equity obtained by Borrower and approved by the County and the City for the purpose of financing the acquisition of the Property and construction of the Development in addition to the Combined County Loan and the Combined City Loan: i. County of Contra Costa Multifamily Housing Revenue Note Series 2016B issued by the County of Contra Costa (the "Government Lender") in the approximate amount of Fifteen Million Nine Hundred Eighty-Eight Thousand Dollars ($15,988,000) (the "Government Lender Note"), the proceeds of which are loaned to Borrower by the Government Lender pursuant to a funding loan to the Government Lender by the Bank (the "Bank Loan") which will convert to a permanent loan in the approximate amount of Two Million One Hundred Twenty-Two Thousand Dollars ($2,122,000) (the "Permanent Loan"); ii. loan of Multifamily Housing Program ("MHP") funds from the California Department of Housing and Community Development ("HCD") in the approximate amount of One Million Three Hundred Seventy-Four Thousand Two Hundred Sixty-Nine Dollars ($1,374,269) (the "MHP Loan"); iii. loan from the Seller in the approximate amount of One Million Two Hundred Seventy-Six Thousand Two Hundred Fourteen Dollars ($1,276,214) (the "Seller Loan"); iv. a permanent loan from Eden Housing, Inc., a California nonprofit public benefit corporation in the approximate amount of Two Million Three Hundred Twenty- Nine Thousand Dollars ($2,329,000) (the "Eden Loan"); v. a loan from Eden Housing, Inc., a California nonprofit public benefit corporation of Neighbor Works Urban Uplift Grant Funds in the approximate amount of One Hundred Twenty-Five Thousand Dollars ($125,000) (the "Neighbor Works Loan"); July 12, 2016 Contra Costa County Board of Supervisors 1312 863\99\1889543.3 6 vi. a subordinate loan from the Bank in the approximate amount of Nine Hundred Ten Thousand Dollars ($910,000) (the "Bank Subordinate Loan"); vii. the Low Income Housing Tax Credit investor equity funds in the approximate amount of Fourteen Million Five Hundred One Thousand Forty-Nine Dollars ($14,501,049) (the "Tax Credit Investor Equity") provided by the Investor Limited Partner; and viii. the capital contribution from Borrower's general partner in the approximate amount of Zero Dollars ($0) (the "GP Capital Contribution"). (l) "Available Net Proceeds" means the result obtained by multiplying the Net Proceeds of Permanent Financing by 0.75. (m) "Bank" means Citibank, N.A.. (n) "Bank Loan" has the meaning set forth in Section 1(k)(i). (o) "Bank Subordinate Loan" has the meaning set forth in Section 1.1(k)(vi). (p) "Borrower's Shared Portion of Residual Receipts" means twenty-five percent (25%) of Residual Receipts. (q) "City Additional Prorata Share" means the result obtained by dividing the sum of (1) the Original City Loan and Adjusted New City Loan, by (2) the sum of the Original HOME Loan, the Adjusted New HOME Loan, the Adjusted HOPWA Loan, the Original City Loan, the Adjusted New City Loan, and the Adjusted Bank Subordinate Loan. (r) "City Deed of Trust" has the meaning set forth in Paragraph F of the Recitals. (s) "City Loan Agreement" has the meaning set forth in Paragraph F of the Recitals. (t) "City Loan Prorata Percentage" means the result, expressed as a percentage, obtained by dividing the sum of (1) the Original City Loan and Adjusted New City Loan, by (2) the sum of the Original HOME Loan, the Adjusted New HOME Loan, the Adjusted HOPWA Loan, the Original City Loan, Adjusted New City Loan, and the Adjusted MHP Loan. (u) "City Notes" has the meaning set forth in Paragraph F of the Recitals. (v) "Combined City Loan" has the meaning set forth in Paragraph F of the Recitals. (w) "Combined County Loan" has the meaning set forth in Paragraph D of the Recitals. July 12, 2016 Contra Costa County Board of Supervisors 1313 863\99\1889543.3 7 (x) "Completion Date" means the date a final certificate of occupancy, or equivalent document is issued by the City to certify that the Development may be legally occupied. (y) "County Additional Prorata Share" means the result obtained by dividing (1) the sum of the Original HOME Loan, the Adjusted New HOME Loan and the Adjusted HOPWA Loan, by (2) the sum of the Original HOME Loan, the Adjusted New HOME Loan, the Adjusted HOPWA Loan, the Original City Loan, the Adjusted New City Loan, and the Adjusted Bank Subordinate Loan. (z) "County Deed of Trust" has the meaning set forth in Paragraph D of the Recitals. (aa) "County Loan Agreement" has the meaning set forth in Paragraph D of the Recitals. (bb) "County Loan Prorata Percentage" means the result, expressed as a percentage, obtained by dividing the sum of (1) Original HOME Loan, the Adjusted New HOME Loan and the Adjusted HOPWA Loan, by (2) the sum of Original HOME Loan, the Adjusted New HOME Loan, the Adjusted HOPWA Loan, the Original City Loan, the Adjusted New City Loan, and the Adjusted MHP Loan. (cc) "County Notes" has the meaning set forth in Paragraph D of the Recitals. (dd) "Deeds of Trust" has the meaning set forth in Paragraph G of the Recitals. (ee) "Default Rate" means a rate of interest equal to the lesser of the maximum rate permitted by law and ten percent (10%) per annum. (ff) "Developer Fee" has the meaning set forth in Section 3.17 of the County Loan Agreement. (gg) "Development" has the meaning set forth in Paragraph B of the Recitals. (hh) "Eden Loan" has the meaning set forth in Section 1.1(k)(iv). (ii) "Enforcing Party" has the meaning set forth in Section 6(b). (jj) "Fifteen Year Compliance Period" means the fifteen (15)-year compliance period as described in Section 42(i)(1) of the Internal Revenue Code of 1986, as amended. (kk) "Final Cost Certification" means the Final Cost Certification Sources and Uses of Funds prepared by Borrower for the Development that (1) Borrower submits to the California Tax Credit Allocation Committee, and (2) has been prepared using generally accepted accounting standards in effect in the United States of America from time to time, consistently applied. July 12, 2016 Contra Costa County Board of Supervisors 1314 863\99\1889543.3 8 (ll) "Final Development Cost" means the total of the cost of acquisition and construction of the Development as shown on the Final Cost Certification. (mm) "Foreclosure Net Proceeds" means the proceeds that result from a foreclosure, or any other action, whether judicial or non-judicial, less (i) all amounts paid to any senior lien holder, and (ii) expenses incurred by a lender that is a Party to this Agreement in connection with such foreclosure or other action. (nn) "Government Lender" has the meaning set forth in Section 1.1(k)(i). (oo) "Government Lender Note" has the meaning set forth in Section 1.1(k)(i). (pp) "GP Capital Contribution" has the meaning set forth in Section 1(k)(viii). (qq) "Gross Revenue" means for each calendar year, all revenue, income, receipts, and other consideration actually received from the operation and leasing of the Development. Gross Revenue includes, but is not limited to: (i) all rents, fees and charges paid by tenants; (ii) Section 8 payments or other rental subsidy payments received for the dwelling units; (iii) deposits forfeited by tenants; (iv) all cancellation fees; (v) price index adjustments and any other rental adjustments to leases or rental agreements; (vi) net proceeds from vending and laundry room machines; (vii) the proceeds of business interruption or similar insurance not paid to senior lenders; (viii) the proceeds of casualty insurance not used to rebuild the Development and not paid to senior lenders; and (ix) condemnation awards for a taking of part or all of the Development for a temporary period. Gross Revenue does not include tenants' security deposits, loan proceeds, capital contributions or similar advances. (rr) "HCD" has the meaning set forth in Section 1(k)(ii). July 12, 2016 Contra Costa County Board of Supervisors 1315 863\99\1889543.3 9 (ss) "HOPWA Loan" has the meaning set forth in Paragraph D of the Recitals. (tt) "Improvements" has the meaning set forth in Paragraph B of the Recitals. (uu) "Investor Limited Partner" means Wells Fargo Affordable Housing Community Development Corporation and its successors and assigns. (vv) "Lenders' Share of Residual Receipts" means fifty percent (50%) of Residual Receipts. (ww) "MHP Loan" has the meaning set forth in Section 1.1(k)(ii). (xx) "Neighbor Works Loan" has the meaning set forth in Section 1.1(k)(v). (yy) "Net Proceeds of Permanent Financing" means the amount by which Permanent Financing exceeds the Final Development Costs. (zz) "New City Loan" has the meaning set forth in Paragraph F of the Recitals. (aaa) "New HOME Loan" has the meaning set forth in Paragraph D of the Recitals. (bbb) "Original HOME Loan" has the meaning set forth in Paragraph C of the Recitals. (ccc) "Original City Loan" has the meaning set forth in Paragraph E of the Recitals. (ddd) "Parties" means the City, the County, and Borrower. (eee) "Partnership Agreement" means the Amended and Restated Agreement of Limited Partnership dated July___, 2016, as may be amended from time to time, that governs the operation and organization of Borrower as a California limited partnership. (fff) "Partnership/Asset Fee" means (i) partnership management fees (including any asset management fees) payable pursuant to the Partnership Agreement to any partner or affiliate of Borrower or any affiliate of a partner of Borrower, and (ii) after the later of expiration of the Fifteen Year Compliance Period or when the Investor Limited Partner ceases to be a partner in Borrower, asset management fees payable to Borrower, in the amounts approved by the County as set forth in Section 3.18 of the County Loan Agreement. (ggg) "Permanent Financing" means the sum of the following amounts: (i) the Permanent Loan; (ii) Adjusted Original HOME Loan; (iii) the Adjusted New HOME Loan; (iv) the Adjusted HOPWA Loan; (v) the Adjusted New City Loan; (vi) the Original City Loan; (vii) the Adjusted MHP Loan; (viii) the Bank Subordinate Loan; (ix) the Tax Credit Investor Equity; (x) the GP Capital Contribution; (xi) the Eden Loan; and (xii) the Neighbor Works Loan. (hhh) "Permanent Loan" has the meaning set forth in Section 1.1(k)(i). July 12, 2016 Contra Costa County Board of Supervisors 1316 863\99\1889543.3 10 (iii) "Property" has the meaning set forth in Paragraph B of the Recitals. (jjj) "Residual Receipts" means for each calendar year, the amount by which Gross Revenue exceeds Annual Operating Expenses. (kkk) "Seller" has the meaning set forth in Paragraph B of the Recitals. (lll) "Seller Loan" has the meaning set forth in Section 1.1(k)(iii). (mmm)"Special City Loan Payment" has the meaning set forth in Section 3(b). (nnn) "Special County Loan Payment" has the meaning set forth in Section 3(a). (ooo) "Statement of Residual Receipts" means an itemized statement of Residual Receipts. (ppp) "Tax Credit Investor Equity" has the meaning set forth in Section 1(k)(vii). (qqq) "Term" means the period of time that commences on the date of this Agreement, and expires, unless sooner terminated in accordance with this Agreement, on the fifty-fifth (55th) anniversary of the Completion Date; provided, however, if a record of the Completion Date cannot be located or established, the Term will expire on the fifty-seventh (57th) anniversary of this Agreement. 2. Annual Payments to County and City. (a) Combined County Loan. i. Commencing on June 1, 2017, and on June 1 of each year thereafter during the Term, Borrower shall make a loan payment in an amount equal to the sum of (1) the County Loan Prorata Percentage of the Lenders' Share of Residual Receipts and (2) the County Additional Prorata Share multiplied by Borrower's Shared Portion of Residual Receipts (each such payment, an "Annual County Loan Payment"). A numerical example of the methodology to be used to calculate the Annual County Loan Payment is shown in Exhibit B attached hereto. In the event of a conflict between the text of this Section 2(a) and Exhibit B, the text of this Section 2(a) will prevail. The County shall apply all Annual County Loan Payments to the Combined County Loan as follows: (1) first, to accrued interest, and (2) second, to principal. ii. Borrower shall repay the Combined County Loan pursuant to the terms of the County Loan Agreement and the County Notes. In the event of any conflict between the repayment terms and provisions of the County Loan Agreement and this Agreement, the provisions of this Agreement apply. The County may not consent to any amendment or waiver of the terms of the County Loan Agreement or the County Notes if such amendment or waiver could reasonably be deemed to materially adversely affect the City, without the City's prior written approval, which the City may withhold in its sole discretion. July 12, 2016 Contra Costa County Board of Supervisors 1317 863\99\1889543.3 11 (b) City Loan. i. Commencing on June 1, 2017, and on June 1 of each year thereafter during the Term, Borrower shall make a loan payment in an amount equal to the sum of (1) the City Loan Prorata Percentage of the Lenders' Share of Residual Receipts, and (2) the City Additional Prorata Share multiplied by Borrower's Shared Portion of Residual Receipts (each such payment, an "Annual City Loan Payment"). A numerical example of the methodology to be used to calculate the Annual City Loan Payment is shown in Exhibit B attached hereto. In the event of a conflict between the text of this Section 2(b) and Exhibit B, the text of this Section 2(b) will prevail. The City shall apply all Annual City Loan Payments to the Combined City Loan as follows: (1) first, to accrued interest, and (2) second, to principal for the City Loan. ii. Borrower shall repay the City Loan pursuant to the terms of the City Loan Agreement and the City Notes. In the event of any conflict between the repayment terms of the City Loan Agreement and this Agreement, the provisions of this Agreement apply. The City may not consent to any amendment or waiver of the terms of the City Loan Agreement or the City Notes, if such amendment or waiver could reasonably be deemed to materially adversely affect the County, without the County's prior written approval, which the County may withhold in its sole discretion. 3. Special Repayments from Net Proceeds of Permanent Financing. (a) To the extent consistent with the regulations applicable to the MHP Loan, no later than ten (10) days after the date Borrower receives its final capital contribution from the Investor Limited Partner, Borrower shall pay to the County as a special repayment of the New HOME Loan, an amount equal to the result obtained by multiplying the County Additional Prorata Share by the Available Net Proceeds (the "Special County Loan Payment"). (b) To the extent consistent with the regulations applicable to the MHP Loan, no later than ten (10) days after the date Borrower receives its final capital contribution from the Investor Limited Partner, Borrower shall pay to the City as a special repayment of the New City Loan, an amount equal to the result obtained by multiplying the City Additional Prorata Share by the Available Net Proceeds (the "Special City Loan Payment"). (c) No later than one hundred eighty (180) days following completion of construction of the Development, Borrower shall submit to the County and the City a preliminary calculation of the Net Proceeds of Permanent Financing and a draft of the Final Cost Certification. The County and the City shall approve or disapprove Borrower's determination of the amount of the Net Proceeds of Permanent Financing in writing within thirty (30) days of receipt. The County and the City shall only disapprove Borrower's determination of the amount of the Net Proceeds of Permanent Financing if such calculation does not comply with the terms of this Agreement. If Borrower's determination is disapproved by the County or the City, Borrower shall re-submit documentation to the County and the City until approval of the County and the City is obtained. July 12, 2016 Contra Costa County Board of Supervisors 1318 863\99\1889543.3 12 4. Reports and Accounting of Residual Receipts. (a) Annual Reports. In connection with the Annual County Loan Payment and the Annual City Loan Payment, Borrower shall furnish to the City and the County: i. The Statement of Residual Receipts for the relevant period. The first Statement of Residual Receipts will cover the period that begins on January 1, 2016 and ends on December 31st of that same year. Subsequent statements of Residual Receipts will cover the twelve-month period that ends on December 31 of each year; ii. A statement from the independent public accountant that audited the Borrower's financial records for the relevant period, which statement must confirm that Borrower's calculation of the Lender's Share of Residual Receipts and Borrower's Shared Portion of Residual Receipts is accurate based on Operating Income and Annual Operating Expenses; and iii. Any additional documentation reasonably required by the County or the City to substantiate Borrower's calculation of Lender's Share of Residual Receipts and Borrower's Shared Portion of Residual Receipts. (b) Books and Records. Borrower shall keep and maintain at the principal place of business of Borrower set forth in Section 11 below, or elsewhere with the written consent of the County and the City, full, complete and appropriate books, record and accounts relating to the Development, including all books, records and accounts necessary or prudent to evidence and substantiate in full detail Borrower's calculation of Residual Receipts and disbursements of Residual Receipts. Borrower shall cause all books, records and accounts relating to its compliance with the terms, provisions, covenants and conditions of this Agreement to be kept and maintained in accordance with generally accepted accounting principles consistently applied, and to be consistent with requirements of this Agreement, which provide for the calculation of Residual Receipts on a cash basis. Borrower shall cause all books, records, and accounts to be open to and available for inspection by the County and the City, their auditors or other authorized representatives at reasonable intervals during normal business hours. Borrower shall cause copies of all tax returns and other reports that Borrower may be required to furnish to any government agency to be open for inspection by the County and the City at all reasonable times at the place that the books, records and accounts of Borrower are kept. Borrower shall preserve records on which any statement of Residual Receipts is based for a period of not less than five (5) years after such statement is rendered, and for any period during which there is an audit undertaken pursuant to subsection (c) below then pending. (c) County and City Audits. i. The receipt by the County or the City of any statement pursuant to subsection (a) above or any payment by Borrower or acceptance by the County or the City of any loan repayment for any period does not bind the County or the City as to the correctness of such statement or such payment. The County or the City or any designated agent or employee of the County or the City is entitled at any time to audit the Residual Receipts and all books, records, and accounts pertaining thereto. The County and/or the City may conduct such audit during normal business hours at the principal place of business of Borrower and other places where July 12, 2016 Contra Costa County Board of Supervisors 1319 863\99\1889543.3 13 records are kept. Immediately after the completion of an audit, the County or the City, as the case may be, shall deliver a copy of the results of the audit to Borrower. ii. If it is determined as a result of an audit that there has been a deficiency in a loan repayment to the County and/or the City, then such deficiency will become immediately due and payable, with interest at the Default Rate from the date the deficient amount should have been paid. In addition, if the audit determines that Residual Receipts have been understated for any year by the greater of (i) $2,500, and (ii) an amount that exceeds five percent (5%) of the Residual Receipts, then, in addition to paying the deficiency with interest, Borrower shall pay all of the costs and expenses connected with the audit and review of Borrower's accounts and records incurred by the County and/or the City. 5. Deeds of Trust. Notwithstanding the fact that the City Deed of Trust was recorded prior to the County Deed of Trust, the Deeds of Trust are equal in lien priority. 6. Notice of Default. (a) The County and the City shall each notify the other promptly upon declaring a default or learning of the occurrence of any material event of default, or any event which with the lapse of time would become a material event of default, under its respective loan documents for the Combined City Loan and the Combined County Loan. (b) The City and the County agree not to make a demand for payment from Borrower or accelerate the City Notes or the County Notes, as the case may be, or commence enforcement of any of the rights and remedies under the City Deed of Trust or the County Deed of Trust, as the case may be, until the date that is five (5) business days following delivery of written notice by the Party enforcing its rights (the "Enforcing Party") to the other Party stating that a "default" (as defined in the relevant Deed of Trust) has occurred and is continuing and that the Enforcing Party is requesting the other Party's assistance in foreclosure pursuant to Section 7. 7. Cooperation in Foreclosure. (a) If there is a default under the Combined City Loan and/or Combined County Loan, after expiration of any applicable cure periods, the party who is the lender on the defaulted loan shall cooperate with the other lender that is a Party to this Agreement to coordinate any foreclosure proceedings or other appropriate remedies. (b) Neither the County nor the City may contest the validity, perfection, priority, or enforceability of the lien granted to the other Party by a deed of trust secured by the Property. Notwithstanding any failure of a Party to perfect its lien on the Property or any other defect in the security interests or obligations owing to such Party, the priority and rights as between the lenders that are Parties to this Agreement are as set forth in this Agreement. 8. Foreclosure Proceeds. If there is a foreclosure, or any other action, whether judicial or nonjudicial, under any or both of the Deeds of Trust (including the giving of a deed in lieu of foreclosure), the proceeds resulting from such foreclosure or action will be first used to pay (i) all amounts paid to any senior lien holder, and (ii) expenses incurred by the County, the City, or both, in connection with such foreclosure or other action. After such payments (i) the July 12, 2016 Contra Costa County Board of Supervisors 1320 863\99\1889543.3 14 City is entitled to the result obtained by multiplying the City Additional Prorata Share by the Foreclosure Net Proceeds, and (ii) the County is entitled to the result obtained by multiplying the County Additional Prorata Share by the Foreclosure Net Proceeds. 9. Insurance and Condemnation Proceeds. If, as a result of having made the Combined City Loan and the Combined County Loan, the City and County are entitled to insurance or condemnation proceeds, they will share such proceeds as follows: (i) the City is entitled the result obtained by multiplying the City Additional Prorata Share by the available proceeds, and (ii) the County is entitled to the result obtained by multiplying the County Additional Prorata Share by the available proceeds. 10. Title to Property. If, as a result of having made the Combined City Loan and the Combined County Loan, either the City or the County is entitled to title to the Property as a consequence of Borrower's default, then title is to be held in tenancy in common by the City and the County in accordance with their respective prorata share of the Foreclosure Net Proceeds. Subsequent decisions to hold or sell the Property will be made by joint decision of the City and the County. 11. Notices. All notices required or permitted by any provision of this Agreement must be in writing and sent by registered or certified mail, postage prepaid, return receipt requested, or delivered by express delivery service, return receipt requested, or delivered personally, to the principal office of the Parties as follows: City: City of Concord County: County of Contra Costa Department of Conservation and Development 30 Muir Road Martinez, CA 94553 Attn: Affordable Housing Program Manager Borrower: VL, L.P. c/o VL, LLC 22645 Grand Street Hayward, CA 94541 Attention: President Investor Limited Partner: Wells Fargo Affordable Housing Community Development Corporation 301 S. College Street, MAC D1053-170 Charlotte, NC 28288 Attn: Director of Tax Credit Asset Management Such written notices, demands, and communications may be sent in the same manner to such other addresses as the affected Party may from time to time designate as provided in this Section. July 12, 2016 Contra Costa County Board of Supervisors 1321 863\99\1889543.3 15 Receipt will be deemed to have occurred on the date marked on a written receipt as the date of delivery or refusal of delivery (or attempted delivery if undeliverable). 12. Titles. Any titles of the sections or subsections of this Agreement are inserted for convenience of reference only and are to be disregarded in interpreting any part of the Agreement's provisions. 13. California Law. This Agreement is governed by the laws of the State of California. 14. Severability. If any term of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions will continue in full force and effect unless the rights and obligations of the Parties have been materially altered or abridged by such invalidation, voiding or unenforceability. 15. Legal Actions. If any legal action is commenced to interpret or to enforce the terms of this Agreement or to collect damages as a result of any breach of this Agreement, then the Party prevailing in any such action shall be entitled to recover against the Party not prevailing all reasonable attorneys' fees and costs incurred in such action. 16. Entire Agreement. This Agreement constitutes the entire understanding and agreement of the Parties with respect to the distribution of proceeds upon foreclosure of or other remedies under the Deeds of Trust. 17. Counterparts. This Agreement may be executed in multiple originals, each of which is deemed to be an original, and may be signed in counterparts. 18. Amendments. This Agreement may not be modified except by written instrument executed by and amongst the Parties. [Remainder of Page Left Intentionally Blank] July 12, 2016 Contra Costa County Board of Supervisors 1322 Signature Page Intercreditor Agreement 863\99\1889543.3 16 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above. BORROWER: VL, L.P., a California limited partnership By: VL LLC, a California limited liability company, its general partner By: Eden Housing, Inc., a California nonprofit public benefit corporation, its manager By:_______________________ Linda Mandolini, President COUNTY: COUNTY OF CONTRA COSTA, a political subdivision of the State of California By: __________________ Name:___________________ Its:____________________ Approved as to form: SHARON L. ANDERSON County Counsel By: Kathleen Andrus Deputy County Counsel July 12, 2016 Contra Costa County Board of Supervisors 1323 Signature Page Intercreditor Agreement 863\99\1889543.3 17 CITY: CITY OF CONCORD By: __________________ Name:___________________ Its:____________________ July 12, 2016 Contra Costa County Board of Supervisors 1324 863\99\1889543.3 18 STATE OF CALIFORNIA ) ) COUNTY OF __________________ ) On ____________________, before me, ___________________________, Notary Public, personally appeared ______________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify UNDER PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ______________________________________ Name: ______________________________ Notary Public A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. July 12, 2016 Contra Costa County Board of Supervisors 1325 863\99\1889543.3 19 STATE OF CALIFORNIA ) ) COUNTY OF __________________ ) On ____________________, before me, ___________________________, Notary Public, personally appeared ______________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify UNDER PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ______________________________________ Name: ______________________________ Notary Public A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. July 12, 2016 Contra Costa County Board of Supervisors 1326 863\99\1889543.3 20 STATE OF CALIFORNIA ) ) COUNTY OF __________________ ) On ____________________, before me, ___________________________, Notary Public, personally appeared ______________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify UNDER PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ______________________________________ Name: ______________________________ Notary Public A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. July 12, 2016 Contra Costa County Board of Supervisors 1327 A-1 863\99\1889543.3 EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY July 12, 2016 Contra Costa County Board of Supervisors 1328 B-1 863\99\1889543.3 EXHIBIT B COUNTY/CITY RESIDUAL RECEIPTS NUMERICAL EXPLANATION [To be Attached] [Note that accrued interest on the Original HOME Loan, Original City Loan, and MHP Loan is not included in the calculation of residual receipts] July 12, 2016 Contra Costa County Board of Supervisors 1329 1 863\99\1893873.4 OMNIBUS ASSIGNMENT, ASSUMPTION, AND CONSENT AGREEMENT (Virginia Lane) THIS OMNIBUS ASSIGNMENT, ASSUMPTION, AND CONSENT AGREEMENT (the "Agreement") is dated July 15, 2016, and is by and among the County of Contra Costa, a political subdivision of the State of California (the "County"), Virginia Lane Limited Partnership, a California limited partnership ("Virginia Lane"), and VL, L.P., a California limited partnership (the "New Partnership"). RECITALS A. Virginia Lane is the owner of that certain real property located at 1121 Virginia Lane and 1140 Virginia Lane in the City of Concord, County of Contra Costa, State of California (the "Property"). The Property has been improved with ninety-one (91) units of multifamily housing (the "Improvements"). B. On June 1, 1999, the County loaned Virginia Lane Two Hundred Ninety Thousand Dollars ($290,000) of Home Investment Partnerships Act funds (the "Original HOME Loan"). C. The Original HOME Loan was evidenced by the following documents: (i) a Regulatory Agreement and Declaration of Restrictive Covenants dated as of June 1, 1999 between Virginia Lane and the County, which was recorded against the Property in the official records of Contra Costa County (the "Official Records") as Instrument No. 1999-0151306-00 (the "Original Regulatory Agreement"), (ii) a Deed of Trust and Security Agreement dated as of June 1, 1999 executed by Virginia Lane, which was recorded against the Property in the Official Records as document number 1999-0151307-00 (the "Original Deed of Trust"), (iii) a First Amended and Restated Intercreditor Agreement dated as of March 2, 2006 among the County, Virginia Lane and the City of Concord (the "City"), which was recorded against the Property in the Official Records as Instrument No. 2006-86780 (the "Original Intercreditor Agreement"), (iv) a Promissory Note dated June 1, 1999 executed by Virginia Lane (the "Original Note"), and (v) a HOME Loan Agreement dated as of June 1, 1999 between Virginia Lane and the County (the "Original Loan Agreement"). Together, the Original Regulatory Agreement, the Original Deed of Trust, the Original Intercreditor Agreement, the Original Note, and the Original Loan Agreement are the "Original County Loan Documents." D. The Improvements are in need of rehabilitation. In support of the rehabilitation Virginia Lane and the County have entered into a Modification Agreement dated July 13, 2016 (the "Modification Agreement"), under which the interest accrued on the Original HOME Loan has been capitalized into the outstanding principal balance for a new principal amount of Four Hundred Thirty-Eight Thousand Nine Hundred Forty-Nine Dollars ($438,949) (the "Adjusted Original HOME Loan"). Also pursuant to the Modification Agreement the Original HOME Loan has been restructured to (i) change the interest rate from three percent (3%) simple interest to the Applicable Federal Rate applicable to long-term loans with annual compounding, as calculated in accordance with Internal Revenue Code Section 1274(d), and (ii) extend the repayment term. July 12, 2016 Contra Costa County Board of Supervisors 1330 2 863\99\1893873.4 E. In further support of the rehabilitation of the Improvements, the New Partnership intends to borrow One Million Five Hundred Thousand Dollars ($1,500,000) of additional funds from the County (which, when combined with the Adjusted Original HOME Loan, is the "New Loan") and to execute documents to evidence its obligation to repay the New Loan, including (i) two regulatory agreements each with a 55-year term, (ii) a loan agreement, (iii) a deed of trust with assignment of rents, security agreement and fixture filing, (iv) an intercreditor agreement, (v) two promissory notes, and (vi) such other documents as the parties deem advisable or necessary (together, such documents are the "New Loan Documents"). The closing of the New Loan and the execution of the New Loan Documents is the "New Financing." F. Upon the closing of the New Financing, the Original County Loan Documents will be terminated. G. To permit the New Financing to occur Virginia Lane desires to (i) transfer all of its rights, title, and interest in the Property to the New Partnership (such transfer, the "Transfer"), and (ii) assign the Adjusted Original HOME Loan as modified by the Modification Agreement to the New Partnership. The New Partnership desires to assume the Adjusted Original HOME Loan as modified by the Modification Agreement. The Transfer, and assignment and assumption of the Adjusted Original HOME Loan, require the County's consent. NOW, THEREFORE, in consideration of the mutual benefits accruing to the parties hereto and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: AGREEMENT 1. Representations of Virginia Lane. Virginia Lane represents and warrants that: a. It has not previously assigned, pledged, hypothecated or otherwise transferred any of its rights, title, or interest in or obligations under the Adjusted Original HOME Loan. b. It has received the consent of all other existing lenders on the Property to the transfer of the Property, and the assignment and assumptions contemplated by this agreement and that such actions will not constitute a default under any of such lenders' loan documents. c. No event has occurred and is continuing which would constitute a default and no event has occurred and is continuing which, with notice or the passage of time or both, would be an event of default under any of the Original County Loan Documents 2. Consent to Transfer of Property. Subject to the New Partnership's execution of the New Loan Documents in a form satisfactory to the County, the County consents to the Transfer. July 12, 2016 Contra Costa County Board of Supervisors 1331 3 863\99\1893873.4 3. Assignment of Adjusted Original HOME Loan. a. Assignment. Virginia Lane hereby assigns to the New Partnership all of Virginia Lane's rights, title, and interest in and obligations under the Adjusted Original HOME Loan as modified by the Modification Agreement (the "Assignment"). b. Assumption. The New Partnership hereby accepts the Assignment and assumes Virginia Lane's obligation to repay the Adjusted Original HOME Loan as modified by the Modification Agreement, in accordance with the terms of a promissory note of even date herewith from the New Partnership to the County (the "New Note"). c. County Consent. Subject to the New Partnership's execution of the New Loan Documents, including the New Note, in a form satisfactory to the County, the County consents to the Assignment. d. Accrued Interest. Simultaneously with the Assignment, Virginia Lane shall pay to the County any interest on the Adjusted HOME Loan accruing from the date of the Modification Agreement through to the date of this Agreement. 4. Original County Loan Documents. a. Original Regulatory Agreement. Simultaneous with the closing of the New Loan Documents and recordation of two new regulatory agreements, the County will terminate the Original Regulatory Agreement and will cause a notice of such termination to be recorded in the Official Records, which notice will refer to document number No. 1999-0151306-00. b. Original Deed of Trust. Simultaneous with the closing of the New Loan Documents and recordation of a new deed of trust, the County will reconvey the Original Deed of Trust and will cause a reconveyance to be recorded in the Official Records, which reconveyance will refer to document number 1999-0151307-00. c. Original Intercreditor Agreement. Simultaneous with the closing of the New Loan Documents and recordation of a new intercreditor agreement, the County along with the City will terminate the Original Intercreditor Agreement and will cause a notice of such termination to be recorded in the Official Records, which notice will refer to document number 2006-86780. d. Original Loan Agreement. Simultaneous with the closing of the New Loan Documents and execution of a new loan agreement, the Original Loan Agreement will terminate and will be superseded by such new loan agreement. e. Original Note. Simultaneous with the closing of the New Loan Documents, including the New Note, the County will cancel the Original Note and deliver the cancelled Original Note to Virginia Lane. July 12, 2016 Contra Costa County Board of Supervisors 1332 4 863\99\1893873.4 5. Title of Parts and Sections. Any titles of the sections or subsections of this Agreement are inserted for convenience of reference only and are to be disregarded in interpreting any part of the Agreement's provisions. 6. Attorneys' Fees Enforcement. If any attorney is engaged by any party hereto to enforce or defend any provision of this Agreement, the prevailing party or parties are entitled to costs and reasonable attorneys' fees. 7. Successors and Assigns. This Agreement binds and inures to the benefit of the legal representatives, heirs, successors and assigns of the parties. 8. California Law. The laws of the State of California govern all matters arising out of this Agreement. 9. Counterparts. This Agreement may be signed by the different parties hereto in counterparts, each of which is deemed an original but all of which together constitute one and the same agreement. Remainder of Page Left Intentionally Blank July 12, 2016 Contra Costa County Board of Supervisors 1333 Signature Page County Assignment Agreement 5 863\99\1893873.4 IN WITNESS WHEREOF, the parties have executed this Agreement as of the day first above written. VIRGINIA LANE: VIRGINIA LANE LIMITED PARTNERSHIP, a California limited partnership By: Eden Housing Inc., a California nonprofit public benefit corporation, its general partner By:____________________ Linda Mandolini, President NEW PARTNERSHIP: VL, L.P., a California limited partnership By: VL, LLC, a California limited liability company, its general partner By: Eden Housing, Inc., a California nonprofit public benefit corporation, its manager By:____________________ Linda Mandolini, President July 12, 2016 Contra Costa County Board of Supervisors 1334 Signature Page County Assignment Agreement 6 863\99\1893873.4 COUNTY: COUNTY OF CONTRA COSTA, a political subdivision of the State of California By:_____________________________ Its:_________________________________ APPROVED AS TO FORM: SHARON L. ANDERSON County Counsel By: ______________________________ Kathleen Andrus Deputy County Counsel July 12, 2016 Contra Costa County Board of Supervisors 1335 863\99\1893868.5 1 PROMISSORY NOTE (Adjusted Original HOME Loan) $438,949 Martinez, California July 15, 2016 FOR VALUE RECEIVED, the undersigned VL, L.P., a California limited partnership ("Borrower") hereby promises to pay to the order of the County of Contra Costa, a political subdivision of the State of California ("Holder"), the principal amount of Four Hundred Thirty-Eight Thousand Nine Hundred Forty-Nine Dollars ($438,949) plus interest thereon pursuant to Section 2 below. This Promissory Note (the "Note") replaces in its entirety that promissory note dated June 1, 1999, executed by Virginia Lane Limited Partnership, a California limited partnership ("Virginia Lane") for the benefit of Holder, as modified by the Modification Agreement (the "Original Note"). The Original Note was assigned to Borrower pursuant to the Assignment Agreement. All disbursements under the Original Note will be deemed to be disbursed under this Note. Upon execution of this Note by Borrower, the Original Note will automatically terminate and retuned to Borrower by the Holder. All capitalized terms used but not defined in this Note have the meanings set forth in the HOME and HOPWA Loan Agreement between Borrower and Holder of even date herewith (the "Loan Agreement"). 1. Borrower's Obligation. This Note evidences Borrower's obligation to repay Holder the principal amount of Four Hundred Thirty-Eight Thousand Nine Hundred Forty-Nine Dollars ($438,949) with interest for the funds loaned to Borrower by Holder. 2. Interest. (a) Subject to the provisions of Subsection (b) below, the Adjusted Original HOME Loan bears interest from the date of this Note at 2.18%, compounding annually, until full repayment of the outstanding balance of the Adjusted Original HOME Loan. It is the intent that the interest rate stated in this Section 2(a) is the Applicable Federal Rate applicable to long-term loans with annual compounding, as calculated in accordance with Internal Revenue Code Section 1274(d) as of the date of the Modification Agreement. (b) If an Event of Default occurs, interest will accrue on all amounts due under this Note at the Default Rate until such Event of Default is cured by Borrower or waived by Holder. 3. Term and Repayment Requirements. Principal and interest under this Note is due and payable as set forth in Section 2.8 of the Loan Agreement. The unpaid principal balance hereunder, together with accrued interest thereon, is due and payable no later than the date that is the fifty-fifth (55th) anniversary of the Completion Date; provided, however, if a record of the July 12, 2016 Contra Costa County Board of Supervisors 1336 863\99\1893868.5 2 Completion Date cannot be located or established, the Loan is due and payable on the fifty- seventh (57th) anniversary of the date of this Note. 4. No Assumption. This Note is not assumable by the successors and assigns of Borrower without the prior written consent of Holder, except as provided in the Loan Agreement. 5. Security. This Note, with interest, is secured by the Deed of Trust. Upon execution, the Deed of Trust will be recorded in the official records of Contra Costa County, California. Upon recordation of the Deed of Trust, this Note will become nonrecourse to Borrower, pursuant to and except as provided in Section 2.10 of the Loan Agreement which Section 2.10 is hereby incorporated into this Note. The terms of the Deed of Trust are hereby incorporated into this Note and made a part hereof. 6. Terms of Payment. (a) Borrower shall make all payments due under this Note in currency of the United States of America to Holder at Department of Conservation and Development, 30 Muir Road, Martinez, CA 94553, Attention: Affordable Housing Program Manager, or to such other place as Holder may from time to time designate. (b) All payments on this Note are without expense to Holder. Borrower shall pay all costs and expenses, including re-conveyance fees and reasonable attorney's fees of Holder, incurred in connection with the enforcement of this Note and the release of any security hereof. (c) Notwithstanding any other provision of this Note, or any instrument securing the obligations of Borrower under this Note, if, for any reason whatsoever, the payment of any sums by Borrower pursuant to the terms of this Note would result in the payment of interest that exceeds the amount that Holder may legally charge under the laws of the State of California, then the amount by which payments exceed the lawful interest rate will automatically be deducted from the principal balance owing on this Note, so that in no event is Borrower obligated under the terms of this Note to pay any interest that would exceed the lawful rate. (d) The obligations of Borrower under this Note are absolute and Borrower waives any and all rights to offset, deduct or withhold any payments or charges due under this Note for any reason whatsoever. 7. Event of Default; Acceleration. (a) Upon the occurrence of an Event of Default, the entire unpaid principal balance, together with all interest thereon, and together with all other sums then payable under this Note and the Deed of Trust will, at the option of Holder, become immediately due and payable without further demand. (b) Holder's failure to exercise the remedy set forth in Subsection 7(a) above or any other remedy provided by law upon the occurrence of an Event of Default does not July 12, 2016 Contra Costa County Board of Supervisors 1337 863\99\1893868.5 3 constitute a waiver of the right to exercise any remedy at any subsequent time in respect to the same or any other Event of Default. The acceptance by Holder of any payment that is less than the total of all amounts due and payable at the time of such payment does not constitute a waiver of the right to exercise any of the foregoing remedies or options at that time or at any subsequent time, or nullify any prior exercise of any such remedy or option, without the express consent of Holder, except as and to the extent otherwise provided by law. 8. Waivers. (a) Borrower hereby waives diligence, presentment, protest and demand, and notice of protest, notice of demand, notice of dishonor and notice of non-payment of this Note. Borrower expressly agrees that this Note or any payment hereunder may be extended from time to time, and that Holder may accept further security or release any security for this Note, all without in any way affecting the liability of Borrower. (b) Any extension of time for payment of this Note or any installment hereof made by agreement of Holder with any person now or hereafter liable for payment of this Note must not operate to release, discharge, modify, change or affect the original liability of Borrower under this Note, either in whole or in part. 9. Miscellaneous Provisions. (a) All notices to Holder or Borrower are to be given in the manner and at the addresses set forth in the Loan Agreement, or to such addresses as Holder and Borrower may therein designate. (b) Borrower promises to pay all costs and expenses, including reasonable attorney's fees, incurred by Holder in the enforcement of the provisions of this Note, regardless of whether suit is filed to seek enforcement. (c) This Note is governed by the laws of the State of California. (d) The times for the performance of any obligations hereunder are to be strictly construed, time being of the essence. (e) The Loan Documents, of which this Note is a part, contain the entire agreement between the parties as to the Loan. This Note may not be modified except upon the written consent of the parties. Remainder of Page Left Intentionally Blank July 12, 2016 Contra Costa County Board of Supervisors 1338 863\99\1893868.5 4 IN WITNESS WHEREOF, Borrower is executing this Promissory Note as of the day and year first above written. VL, L.P., a California limited partnership By: VL, LLC, a California limited liability company, its general partner By: Eden Housing, Inc., a California nonprofit public benefit corporation, its manager By:____________________ Linda Mandolini, President July 12, 2016 Contra Costa County Board of Supervisors 1339 1 863\99\1900715.4 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Contra Costa County Department of Conservation and Development 30 Muir Road Martinez, CA 94553 Attn: Affordable Housing Program Manager No fee for recording pursuant to Government Code Section 27383 __________________________________________________________________________ HOME/HOPWA REGULATORY AGREEMENT AND DECLARATION OF RESTRICTIVE COVENANTS (Virginia Lane Apartments) This HOME/HOPWA Regulatory Agreement and Declaration of Restrictive Covenants (the "HOME/HOPWA Regulatory Agreement") is dated July 15, 2016 and is between the County of Contra Costa, a political subdivision of the State of California (the "County"), and VL, L.P., a California limited partnership ("Borrower"). RECITALS A. Defined terms used but not defined in these recitals are as defined in Article 1 of this HOME/HOPWA Regulatory Agreement. B. The County has received Home Investment Partnerships Act funds from the United States Department of Housing and Urban Development ("HUD") pursuant to the Cranston-Gonzales National Housing Act of 1990 ("HOME Funds"). The HOME Funds must be used by the County in accordance with 24 C.F.R. Part 92. C. The County has received Housing Opportunities for Persons with AIDS Program funds from HUD pursuant to the HOPWA program ("HOPWA Funds"). The HOPWA Funds are available to and administered by the County, as the subrecipient of the City of Oakland, which is the representative for the Alameda-Contra Costa County Eligible Metropolitan Area. The HOPWA Funds must be used by the County in accordance with 24 C.F.R. Part 574. D. Borrower is acquiring from the Seller certain real property located at 1121 Virginia Lane and 1140 Virginia Lane in the City of Concord, County of Contra Costa, State of California, as more particularly described in Exhibit A (collectively, the "Property"). Borrower intends to rehabilitate the ninety-one (91) multifamily housing units located on the Property that are available for rental to extremely low, very low and low income households, and that include two (2) manager's units (the "Development"). The Development, as well as all landscaping, July 12, 2016 Contra Costa County Board of Supervisors 1340 2 863\99\1900715.4 roads and parking spaces on the Property and any additional improvements on the Property, are the "Improvements". E. The County previously made a loan to the Seller of Two Hundred Ninety Thousand Dollars ($290,000) of HOME Funds (the "Original HOME Loan"). Pursuant to a Modification Agreement dated July 13, 2016 between the County and the Seller the accrued interest on the Original HOME Loan has been capitalized into the principal balance of the Original HOME Loan such that the adjusted principal balance of the Original HOME Loan is Four Hundred Thirty-Eight Thousand Nine Hundred Forty-Nine Dollars ($438,949) (the "Adjusted Original HOME Loan"). Pursuant to an Omnibus Assignment, Assumption, and Consent Agreement of even date herewith among the County, the Seller, and Borrower, the Adjusted Original HOME Loan has been assigned to and assumed by Borrower. F. Borrower desires to supplement the Adjusted Original HOME Loan by borrowing from the County an additional Five Hundred Thousand Dollars ($500,000) of HOME Funds (the "New HOME Loan"), and One Million Dollars ($1,000,000) of HOPWA Funds (the "HOPWA Loan") for a total new loan amount of One Million Five Hundred Thousand Dollars ($1,500,000) (the "New Loan"). The sum of the New Loan and the Adjusted Original HOME Loan is One Million Nine Hundred Thirty-Eight Thousand Nine Hundred Forty-Nine Dollars ($1,938,949) (the "Combined County Loan"). G. Due to the assistance provided Borrower through the Combined County Loan, the County is designating four (4) units as HOME-Assisted Units, and twenty (20) units as Locally- Assisted Units, ten (10) units of which Locally-Assisted Units are also HOPWA-Assisted Units, for a total of twenty-four (24) assisted units (the "County Assisted Units"). H. The County has the authority to lend the Combined County Loan to Borrower pursuant to Government Code Section 26227, which authorizes counties to spend county funds for programs that will further a county's public purposes. In addition, the County has the authority to loan (i) the HOME Funds pursuant to 24 C.F.R. 92.205 and (ii) the HOPWA Funds pursuant to 24 C.F.R. 574.300. I. The County has agreed to make the Combined County Loan on the condition that Borrower maintain and operate the Development in accordance with restrictions set forth in this HOME/HOPWA Regulatory Agreement and the County Regulatory Agreement, and in the related documents evidencing the Combined County Loan. J. As it applies to the County Assisted Units this HOME/HOPWA Regulatory Agreement will be in effect for the HOME Term. The County Regulatory Agreement as it applies to the County Assisted Units will be in effect for fifty-five (55) years from the Completion Date which term overlaps with but is longer than the HOME Term. Pursuant to Section 6.15 below, compliance with the terms of this HOME/HOPWA Regulatory Agreement will be deemed compliance with the County Regulatory Agreement during the HOME Term. July 12, 2016 Contra Costa County Board of Supervisors 1341 3 863\99\1900715.4 K. In consideration of receipt of the Combined County Loan at an interest rate substantially below the market rate, Borrower agrees to observe all the terms and conditions set forth below. The parties therefore agree as follows: AGREEMENT ARTICLE 1 DEFINITIONS 1.1 Definitions. The following terms have the following meanings: (a) "Actual Household Size" means the actual number of persons in the applicable household. (b) "Adjusted Income" means, (i) with respect to the Tenant of each HOPWA- Assisted Unit, the Tenant’s total anticipated annual income as defined in 24 CFR 5.609 and calculated pursuant to 24 CFR 5.611, and as further referenced in 24 CFR 574.310(d)(1), and (ii) with respect to the Tenant of each HOME-Assisted Unit the Tenant’s total anticipated annual income as defined in 24 CFR 5.609 and calculated pursuant to 24 CFR 5.611, and as further referenced in 24 CFR 92.203(b)(1). (c) "Adjusted Original HOME Loan" has the meaning set forth in Paragraph E of the Recitals. (d) "Adjusted Original HOME Loan Note" means the promissory note of even date herewith that evidences Borrower's obligation to repay the Adjusted Original HOME Loan. (e) "Assumed Household Size" means the household size "adjusted for family size appropriate to the unit" as such term is defined in Health & Safety Code Section 50052.5(h). (f) "City" means the City of Concord, California, a municipal corporation. (g) "Combined County Loan" has the meaning set forth in Paragraph F of the Recitals. (h) "Completion Date" means the date a final certificate of occupancy, or equivalent document is issued by the City to certify that the Development may be legally occupied. (i) "County Assisted Units" has the meaning set forth in Paragraph G of the Recitals. July 12, 2016 Contra Costa County Board of Supervisors 1342 4 863\99\1900715.4 (j) "County Regulatory Agreement" means the Regulatory Agreement and Declaration of Restrictive Covenants of even date herewith, between the County and Borrower evidencing County requirements applicable to the Combined County Loan, to be recorded against the Property concurrently herewith. (k) "Deed of Trust" means the Deed of Trust with Assignment of Rents, Security Agreement and Fixture Filing of even date herewith by and among Borrower, as trustor, North American Title Company, as trustee, and the County, as beneficiary, that encumbers the Property to secure repayment of the Combined County Loan and Borrower's performance of the Loan Documents. (l) "Development" has the meaning set forth in Paragraph D of the Recitals. (m) "Existing Tenants" means the tenants that occupy the Units on the date of Borrower's acquisition of the Property. (n) "Extremely Low Income Household" means a household with an Adjusted Income that does not exceed thirty percent (30%) of Median Income, adjusted for Actual Household Size. (o) "Extremely Low Income Rent" means the maximum allowable rent for an Extremely Low Income Unit pursuant to Section 2.2(b) below. (p) "Extremely Low Income Units" means the Units which, pursuant to Section 2.1(a) (1) below, are required to be occupied by Extremely Low Income Households. (q) "Forty Percent Income Household" means a household with an Adjusted Income that does not exceed forty percent (40%) of Median Income, adjusted for Actual Household Size. (r) "Forty Percent Income Rent" means the maximum allowable rent for a Forty Percent Income Unit pursuant to Section 2.2(c) below. (s) "Forty Percent Income Units" means the Units which, pursuant to Section 2.1(a)(2) below, are required to be occupied by Forty Percent Income Households. (t) "HOME" means the Home Investment Partnerships Act Program funded pursuant to the Cranston-Gonzales National Housing Act of 1990. (u) "HOME-Assisted Units" means the four (4) Units that are (i) restricted to occupancy by Very Low Income Households in compliance with Section 2.1(b) below, and (ii) are "floating" Units as defined in 24 C.F.R. 92.252(j). (v) "HOME Funds" has the meaning set forth in Paragraph B of the Recitals. (w) "HOME Term" means the term of this HOME/HOPWA Regulatory Agreement which commences as of the date of this HOME/HOPWA Regulatory Agreement, and July 12, 2016 Contra Costa County Board of Supervisors 1343 5 863\99\1900715.4 unless sooner terminated pursuant to the terms of this HOME/HOPWA Regulatory Agreement, expires on the twenty-first (21st) anniversary of the Completion Date; provided, however, if a record of the Completion Date cannot be located or established, the HOME Term will expire on the twenty-third (23rd) anniversary of this HOME/HOPWA Regulatory Agreement. (x) "HOME/HOPWA Regulatory Agreement" has the meaning set forth in the first paragraph of this HOME/HOPWA Regulatory Agreement. (y) "HOPWA" means the Housing Opportunities for Persons with AIDS Program pursuant to the AIDS Housing Opportunity Act (42 USC 12901 et. seq.), as amended by the Housing and Community Development Act of 1992 (42 USC 5301 et. seq.). (z) "HOPWA-Assisted Units" means the ten (10) Units that are (i) restricted to occupancy by Extremely Low Income Households in compliance with Section 2.1(a)(1) below and (ii) restricted to occupancy by HOPWA-Eligible Households during the HOPWA Term. (aa) "HOPWA-Eligible Household" means a household that (i) includes at least one Person with HIV/AIDS, and (ii) satisfies the definition of an Extremely Low Income Household in compliance with Section 2.1(a)(1) below. (bb) "HOPWA Funds" has the meaning set forth in Paragraph C of the Recitals. (cc) "HOPWA Loan" has the meaning set forth in Paragraph F of the Recitals. (dd) "HOPWA Regulations" means the regulations set forth in 24 C.F.R. Part 574. (ee) "HOPWA Term" means the period of time that commences on the date of this HOME/HOPWA Regulatory Agreement and expires on the tenth (10th) anniversary of the date that the tenth (10th) HOPWA-Assisted Unit is occupied by a HOPWA-Eligible Household. (ff) "HUD" has the meaning set forth in Paragraph B of the Recitals. (gg) "Improvements" has the meaning set forth in Paragraph D of the Recitals. (hh) "Intercreditor Agreement" means that certain intercreditor agreement of even date herewith among the City, the County, and Borrower. (ii) "Loan Agreement" means the HOME and HOPWA Loan Agreement between the County and Borrower of even date herewith, evidencing the Combined County Loan. (jj) "Loan Documents" means the documents evidencing the Combined County Loan including this HOME/HOPWA Regulatory Agreement, the Notes, the Loan Agreement, the Intercreditor Agreement, the County Regulatory Agreement, and the Deed of Trust. July 12, 2016 Contra Costa County Board of Supervisors 1344 6 863\99\1900715.4 (kk) "Locally-Assisted Units" means the twenty (20) Units that are restricted to occupancy by Extremely Low Income Households, Forty Percent Income Households, and Very Low Income Households in compliance with Section 2.1(a) below. (ll) "Low HOME Rent" means a monthly Rent that does not exceed the maximum rent published by HUD for a Very Low Income Household for the applicable bedroom size as set forth in 24 C.F.R. 92.252(b). (mm) "Low Income Household" means a Tenant with an Adjusted Income that does not exceed eighty percent (80%) of Median Income, with adjustments for smaller and larger families, except that HUD may establish income ceilings higher or lower than eighty percent (80%) of Median Income on the basis of HUD findings that such variations are necessary because of prevailing levels of construction costs or fair market rents, or unusually high or low family incomes, as such definition may be amended pursuant to 24 C.F.R. Section 92.2. (nn) "Marketing Plan" has the meaning set forth in Section 4.3(a). (oo) "Median Income" means the median gross yearly income, adjusted for Actual Household Size as specified herein, in the County of Contra Costa, California, as published from time to time by HUD. In the event that such income determinations are no longer published, or are not updated for a period of at least eighteen (18) months, the County shall provide Borrower with other income determinations that are reasonably similar with respect to methods of calculation to those previously published by HUD. (pp) "New HOME Loan" has the meaning set forth in Paragraph F of the Recitals. (qq) "New Loan" has the meaning set forth in Paragraph F of the Recitals. (rr) "New Loan Note" means the promissory note of even date herewith that evidences Borrower's obligation to repay the New Loan. (ss) "Notes" mean the Adjusted Original HOME Loan Note and New Loan Note. (tt) "Original HOME Loan" has the meaning set forth in Paragraph E of the Recitals. (uu) "Person with HIV/AIDS" means a person with the disease of acquired immunodeficiency syndrome or any conditions arising from the etiological agent for acquired immunodeficiency syndrome, including infection with the human immunodeficiency virus (HIV), as confirmed by a certification of HIV-positive test status to be delivered to and maintained on file by Borrower as such definition may be amended as set forth in 24 C.F.R. 574.3. July 12, 2016 Contra Costa County Board of Supervisors 1345 7 863\99\1900715.4 (vv) "Property" has the meaning set forth in Paragraph D of the Recitals. (ww) "Remainder Term" means the period that begins on the date the HOPWA Term expires or is terminated by the County pursuant to Section 2.5, and ends on the last day of the HOME Term. (xx) "Rent" means the total monthly payments by the Tenant of a Unit for the following: use and occupancy of the Unit and land and associated facilities; any separately charged fees or service charges assessed by Borrower which are customarily charged in rental housing and required of all Tenants (subject to the limitations set forth in 24 C.F.R. 92.214(b)(3)), other than security deposits; an allowance for the cost of an adequate level of service for utilities paid by the Tenant, including garbage collection, sewer, water, electricity, gas and other heating, cooking and refrigeration fuel, but not telephone service or cable TV; and any other interest, taxes, fees or charges for use of the land or associated facilities and assessed by a public or private entity other than Borrower, and paid by the Tenant. (yy) "Seller" means Virginia Lane Limited Partnership, a California limited partnership. (zz) "Social Services Plan" has the meaning set forth in Section 4.3(c). (aaa) "Tenant" means the tenant household that occupies a Unit in the Development. (bbb) "Tenant Selection Plan" has the meaning set forth in Section 4.3(b). (ccc) "Unit(s)" means one (1) or more of the units in the Development. (ddd) "Very Low Income Household" means a household (i) with an Adjusted Income that does not exceed fifty percent (50%) of Median Income, with adjustments for smaller and larger families, except that HUD may establish income ceilings higher or lower than fifty percent (50%) of Median Income on the basis of HUD findings that such variations are necessary because of prevailing levels of construction costs or fair market rents, or unusually high or low family incomes, as set forth in 24 C.F.R. Section 92.2, and (ii) if the Unit is a HOME-Assisted Unit, that is not an individual student not eligible to receive Section 8 assistance under 24 C.F.R. 5.612. (eee) "Very Low Income Rent" means the maximum allowable rent for a Very Low Income Unit pursuant to Section 2.2(d) below. (fff) "Very Low Income Units" means the Units which, pursuant to Sections 2.1(a)(3) and 2.1(b) below, are required to be occupied by Very Low Income Households. July 12, 2016 Contra Costa County Board of Supervisors 1346 8 863\99\1900715.4 ARTICLE 2 AFFORDABILITY AND OCCUPANCY COVENANTS 2.1 Occupancy Requirements. (a) Locally-Assisted Units (1) Extremely Low Income Units. (A) Subject to Subsection (e) below regarding Existing Tenants, during the HOPWA Term, Borrower shall cause ten (10) Units to be rented to and occupied by or, if vacant, available for occupancy by, Extremely Low Income Households which households are HOPWA-Eligible Households. (B) During the Remainder Term Borrower shall cause ten (10) Units to be rented to and occupied by or, if vacant, available for occupancy by, Extremely Low Income Households, which households are not required to be HOPWA-Eligible Households. (2) Forty Percent Income Units. During the HOME Term, Borrower shall cause two (2) Units to be rented to and occupied by or, if vacant, available for occupancy by Forty Percent Income Households. (3) Very Low Income Units. During the HOME Term, Borrower shall cause eight (8) Units to be rented to and occupied by or, if vacant, available for occupancy by Very Low Income Households. (b) HOME-Assisted Units. During the HOME Term, Borrower shall cause four (4) Units to be rented to and occupied by or, if vacant, available for occupancy by Very Low Income Households. The four (4) HOME-Assisted Units that are required to be rented to Very Low Income Households pursuant to this Subsection (b) are in addition to the eight (8) Locally- Assisted Units that are required to be rented to Very Low Income Households pursuant to Subsection (a)(3) above. (c) Intermingling of Units. Borrower shall cause the County Assisted Units to be intermingled throughout the Development and of comparable quality to all other Units. All Tenants must have equal access to and enjoyment of all common facilities in the Development. The County Assisted Units must be of the bedroom size set forth in the following chart, provided however, for the initial lease up of the Units under Subsection (a)(1)(A) above, Borrower may satisfy the requirements of such subsection through either rental of one bedroom or two bedroom Units, not necessarily in the ratio set forth in the chart. July 12, 2016 Contra Costa County Board of Supervisors 1347 9 863\99\1900715.4 Extremely Low Income Units 40% Income Units Very Low Income Units One-Bd. Units 4 County/ HOPWA 2 County 2 HOME 4 County Two-Bd. Units 6 County/ HOPWA 2 HOME 4 County Total 10 2 12 (d) Disabled Persons Occupancy. Borrower shall cause the Development to be constructed and operated at all times in compliance with the provisions of: (i) the Unruh Act, (ii) the California Fair Employment and Housing Act, (iii) Section 504 of the Rehabilitation Act of 1973("Section 504"), (iv) the United States Fair Housing Act, as amended, and (v) the Americans With Disabilities Act of 1990, which relate to disabled persons access. In compliance with Section 504, if the rehabilitation is substantial as defined in 24 C.F.R. 8.23(a), a minimum of five (5) Units of all Units shall be rehabilitated to be fully accessible to households with a mobility impaired member and an additional two (2) Units of all Units shall be rehabilitated to be fully accessible to hearing and/or visually impaired persons. Non-substantial alterations must comply with 24 C.F.R. 8.23(b). In compliance with Section 504 Borrower shall provide the County with a certification from the Development architect that to the best of the architect's knowledge, the Development complies with all federal and state accessibility requirements applicable to the Development. Borrower shall indemnify, protect, hold harmless and defend (with counsel reasonably satisfactory to the County) the County, and its board members, officers and employees, from all suits, actions, claims, causes of action, costs, demands, judgments and liens arising out of Borrower's failure to comply with applicable legal requirements related to housing for persons with disabilities. The provisions of this subsection will survive expiration of the HOME Term or other termination of this HOME/HOPWA Regulatory Agreement, and remain in full force and effect. (e) Existing Tenants. Borrower shall provide the County a written report of the income and rent amount of all Existing Tenants within thirty (30) days of acquisition of the Development. Concurrent with providing the report to the County, Borrower shall also provide a proposal regarding designation of Units as HOPWA-Assisted Units, HOME-Assisted Units, Extremely Low Income Units, Forty Percent Income Units, and Very Low Income Units. Borrower shall not implement any rent increases for Existing Tenants upon acquisition of the Development without the approval of the County. Any Existing Tenant lawfully residing in the Development as of the date of this Agreement is entitled to remain a resident of the Development if such Tenant does not meet the income and other eligibility criteria of this Section 2.1. If and when such non-qualifying Existing Tenant voluntarily vacates the Unit, Borrower shall rent such Unit to a HOPWA-Eligible Household, Extremely Low Income Household, Forty Percent Income Household, or Very Low Income Household, as necessary to meet the provisions of this Section. (f) HOME-Assisted Unit Compliance Deadline. Each HOME-Assisted Unit must be rented to and occupied by a Very Low Income Household pursuant to Section 2.1(b) on or before the date that occurs eighteen (18) months after the Completion Date. If Borrower fails July 12, 2016 Contra Costa County Board of Supervisors 1348 10 863\99\1900715.4 to comply with this requirement, Borrower shall repay a portion of the HOME Loan, with interest, in accordance with Section 2.8(c) of the Loan Agreement. 2.2 Allowable Rent. (a) HOPWA Rent. (1) During HOPWA Term. Subject to the provisions of Section 2.4(a)(1) below, the total monthly Rent paid by a Tenant of a HOPWA-Assisted Unit during the HOPWA Term may not exceed the amount that is equal to the greater of: (A) thirty percent (30%) of the household's monthly Adjusted Income, as adjusted pursuant to 24 C.F.R. 574.310(d)(1); (B) ten percent (10%) of the household's monthly gross income; and (C) if the household is receiving payments for welfare assistance from a public agency and a part of the payments, adjusted in accordance with the household's actual housing costs, is specifically designated by the agency to meet the household's housing costs, the portion of the payments that is so designated. (2) During Remainder Term. (A) HOPWA-Eligible Household. Subject to the provisions of Section 2.4(a)(2) below the Rent paid by a HOPWA-Eligible Household that occupies a HOPWA-Assisted Unit during the HOPWA Term and that continues to reside in the Unit following the expiration of the HOPWA Term, must be equal to the amount specified in Section 2.2(a)(1). (B) Extremely Low Income Household. After the expiration or termination of the HOPWA Term pursuant to Section 2.5 and subject to Section 2.4(a)(3), the Rent paid by a new Tenant of a HOPWA-Assisted Unit that is an Extremely Low Income Household may not exceed the Extremely Low Income Rent. (b) Extremely Low Income Rent. Subject to the provisions of Section 2.4(a)(3) below, the Rent paid by a Tenant of an Extremely Low Income Unit may not exceed one-twelfth (1/12) of thirty percent (30%) of thirty percent (30%) of Median Income, adjusted for Assumed Household Size. (c) Forty Percent Income Rent. Subject to Section 2.4(b) below, the Rent paid by a Tenant of a Forty Percent Income Unit, may not exceed one-twelfth (1/12th) of thirty percent (30%) of forty percent (40%) of Median Income, adjusted for Assumed Household Size. (d) Very Low Income Rent. Subject to Section 2.4(c) below, the Rent paid by a Tenant of a Very Low Income Unit, may not exceed the Low HOME Rent. July 12, 2016 Contra Costa County Board of Supervisors 1349 11 863\99\1900715.4 (e) No Additional Fees. Borrower may not charge any fee, other than Rent, to any Tenant of the County Assisted Units for any housing or other services provided by Borrower. 2.3 Rent Increases. (a) Rent Amount. The initial Rent for all County Assisted Units must be approved by the County prior to occupancy. The County will provide Borrower with a schedule of maximum permissible Rents for the County Assisted Units and the maximum monthly allowances for utilities and services (excluding telephone) annually. (b) Rent Increases. All Rent increases for all County Assisted Units are subject to County approval. No later than sixty (60) days prior to the proposed implementation of any Rent increase affecting a County Assisted Unit, Borrower shall submit to the County a schedule of any proposed increase in the Rent charged for County Assisted Units. The Rent for such Units may be increased no more than once annually based upon the annual income certification described in Article 3. The County will disapprove a Rent increase if it violates the schedule of maximum permissible Rents for the County Assisted Units provided to Borrower by the County, or is greater than a 5% increase over the previous year's Rent. Borrower shall give Tenants written notice at least thirty (30) days prior to any Rent increase, following completion of the County approval process set forth above. 2.4 Increased Income of Tenants. (a) HOPWA-Assisted Units. (1) Increased Income of HOPWA-Eligible Household During HOPWA Term. If upon the annual certification of the income of a HOPWA-Eligible Household during the HOPWA Term, Borrower determines that the Tenant has an Adjusted Income exceeding the maximum qualifying income of an Extremely Low Income Household the Tenant may continue to occupy the Unit and Borrower shall continue to charge such Tenant Rent consistent with Section 2.2(a)(1) above. Borrower shall then rent the next available HOPWA- Assisted Unit to an Extremely Low Income Household that is also a HOPWA-Eligible Household, to comply with the requirements of Section 2.1(a)(1) above. Any Rent increase is subject to Section 2.3 above. (2) Increased Income of HOPWA-Eligible Household During Remainder Term. If upon the annual certification of the income of a HOPWA-Eligible Household during the Remainder Term, Borrower determines that the Tenant has an Adjusted Income exceeding the maximum qualifying income of an Extremely Low Income Household, the Tenant may continue to occupy the Unit and Borrower shall continue to charge such Tenant Rent consistent with Section 2.2(a)(2)(A) above. Borrower shall then rent the next available HOPWA-Assisted Unit to an Extremely Low Income Household to comply with the requirements of Section 2.1(a)(1) above. Any Rent increase is subject to Section 2.3 above. (3) Increased Income above Extremely Low Income but below Low Income Limit During Remainder Term. If upon the annual certification of the income of a July 12, 2016 Contra Costa County Board of Supervisors 1350 12 863\99\1900715.4 Tenant of a HOPWA-Assisted Unit, Borrower determines that the income of the Tenant has increased above the qualifying limit for an Extremely Low Income Household, but not above the qualifying income for a Low Income Household, the Tenant may continue to occupy the Unit and the Tenant's Rent will remain at the Extremely Low Income Rent. Borrower shall then rent the next available Unit to an Extremely Low Income Household to comply with the requirements of Section 2.1(a)(1) above, at a Rent not exceeding the maximum Rent specified in Section 2.2(b), or re-designate another comparable Unit in the Development with an Extremely Low Income Household an Extremely Low Income Unit to comply with the requirements of Section 2.1(a)(1) above. Upon renting the next available Unit in accordance with Section 2.1(a)(1) or re- designating another Unit in the Development as an Extremely Low Income Unit, the Unit with the over-income Tenant will no longer be considered a HOPWA-Assisted Unit. (b) Increased Income above Forty Percent Income but below Low Income Limit. If, upon the annual certification of the income of a Tenant of a Forty Percent Income Unit, Borrower determines that the income of the Tenant has increased above the qualifying limit for a Forty Percent Income Household, but not above the qualifying income for a Low Income Household, the Tenant may continue to occupy the Unit and the Tenant's Rent will remain at the Forty Percent Income Rent. Borrower shall then rent the next available Unit to a Forty Percent Income Household to comply with the requirements of Section 2.1(a)(2) above, at a Rent not exceeding the maximum Rent specified in Section 2.2(c), or re-designate another comparable Unit in the Development with a Forty Percent Income Household a Forty Percent Income Unit, to comply with the requirements of Section 2.1(a)(2) above. Upon renting the next available Unit in accordance with Section 2.1(a)(2) or re-designating another Unit in the Development as a Forty Percent Income Unit, the Unit with the over-income Tenant will no longer be considered a County Assisted Unit. (c) Increased Income above Very Low Income but below Low Income Limit. If, upon the annual certification of the income of a Tenant of a Very Low Income Unit, Borrower determines that the income of the Tenant has increased above the qualifying limit for a Very Low Income Household, but not above the qualifying income for a Low Income Household, the Tenant may continue to occupy the Unit and the Tenant's Rent will remain at the Low HOME Rent. Borrower shall then rent the next available Unit to a Very Low Income Household to comply with the requirements of Sections 2.1(a)(3) and 2.1(b) above, at a Rent not exceeding the maximum Rent specified in Section 2.2(d), or re-designate another comparable Unit in the Development with a Very Low Income Household a Very Low Income Unit, to comply with the requirements of Sections 2.1(a)(3) and 2.1(b) above. Upon renting the next available Unit in accordance with Sections 2.1(a)(3) and 2.1(b) or re-designating another Unit in the Development as a Very Low Income Unit, the Unit with the over-income Tenant will no longer be considered a County Assisted Unit. (d) Non-Qualifying Household. If, upon the annual certification of the income a Tenant of a County Assisted Unit, Borrower determines that the Tenant’s income has increased above the qualifying limit for a Low Income Household, the Tenant may continue to occupy the Unit. Upon the expiration of such Tenant's lease, Borrower shall: July 12, 2016 Contra Costa County Board of Supervisors 1351 13 863\99\1900715.4 (1) With 60 days’ advance written notice, increase such Tenant’s Rent to the lesser of (i) one-twelfth (1/12) of thirty percent (30%) of the actual Adjusted Income of the Tenant, and (ii) the fair market rent (subject to 24 C.F.R. 92.252(i)(2) regarding low income housing tax credit requirements), and (2) Rent the next available Unit to an Extremely Low Income Household, Forty Percent Income Household, or Very Low Income Household, as applicable, to comply with the requirements of Section 2.1 above, at a Rent not exceeding the maximum Rent specified in Section 2.2(b)-(d), or designate another comparable Unit that is occupied by an Extremely Low Income Household, Forty Percent Income Household, or Very Low Income Household, as applicable, as a County Assisted Unit, to meet the requirements of Section 2.1 above. On the day that Borrower complies with Section 2.1 in accordance with this Section 2.4(d), the Unit with the over-income Tenant will no longer be considered a County Assisted Unit. (e) Termination of Occupancy. Upon termination of occupancy of a County Assisted Unit by a Tenant, such Unit will be deemed to be continuously occupied by a household of the same income level as the initial income level of the vacating Tenant, until such unit is reoccupied, at which time categorization of the Unit will be established based on the occupancy requirements of Section 2.1. 2.5 Cure for AIDS. If, in the sole determination of the County, there is a cure for AIDS and therefore no need for the HOPWA-Assisted Units, the County shall provide to Borrower a written notice that sets forth the termination date of the HOPWA Term. ARTICLE 3 INCOME CERTIFICATION; REPORTING; RECORDS 3.1 Income Certification. (a) Borrower shall obtain, complete, and maintain on file, within sixty (60) days before expected occupancy and annually thereafter, income certifications from each Tenant renting any of the County Assisted Units. Borrower shall make a good faith effort to verify the accuracy of the income provided by the applicant or occupying household, as the case may be, in an income certification. To verify the information, Borrower shall take two or more of the following steps: (i) obtain a pay stub for the most recent pay period; (ii) obtain an income tax return for the most recent tax year; (iii) conduct a credit agency or similar search; (iv) obtain an income verification form from the applicant's current employer; (v) obtain an income verification form from the Social Security Administration and/or the California Department of Social Services if the applicant receives assistance from either of such agencies; or (vi) if the applicant is unemployed and does not have a tax return, obtain another form of independent verification. Where applicable, Borrower shall examine at least two (2) months of relevant source documentation. Copies of Tenant income certifications are to be available to the County upon request. July 12, 2016 Contra Costa County Board of Supervisors 1352 14 863\99\1900715.4 (b) For each HOPWA-Assisted Unit during the HOPWA Term, Borrower shall obtain, complete, and maintain on file, immediately prior to initial occupancy and annually thereafter, a certification from the Tenant that the HOPWA-Assisted Unit is occupied by a HOPWA-Eligible Household. 3.2 Reporting Requirements. (a) Borrower shall submit to the County within one hundred eighty (180) days after the Completion Date, and not later than forty-five (45) days after the close of each calendar year, or such other date as may be requested by the County, a report that includes the following data for each Unit and specifically identifies which Units are County Assisted Units: (i) Tenant income, (ii) the number of occupants, (iii) the Rent, (iv) the number of bedrooms, and (v) the initial address of each Tenant. To demonstrate continued compliance with Section 2.1 Borrower shall cause each annual report after the initial report to include a record of any subsequent Tenant substitutions and any vacancies in County Assisted Units that have been filled. (b) Borrower shall submit to the County within forty-five (45) days after receipt of a written request, or such other time agreed to by the County, any other information or completed forms requested by the County in order to comply with reporting requirements of HUD, the State of California, and the County. 3.3 Tenant Records. Borrower shall maintain complete, accurate and current records pertaining to income and household size of Tenants. All Tenant lists, applications and waiting lists relating to the Development are to be at all times: (i) separate and identifiable from any other business of Borrower, (ii) maintained as required by the County, in a reasonable condition for proper audit, and (iii) subject to examination during business hours by representatives of the County. Borrower shall retain copies of all materials obtained or produced with respect to occupancy of the Units for a period of at least five (5) years. The County may examine and make copies of all books, records or other documents of Borrower that pertain to the Development. 3.4 Development Records. (a) Borrower shall keep and maintain at the principal place of business of the Borrower set forth in Section 6.11 below, or elsewhere with the County's written consent, full, complete and appropriate books, records and accounts relating to the Development. Borrower shall cause all books, records and accounts relating to its compliance with the terms, provisions, covenants and conditions of the Loan Documents to be kept and maintained in accordance with generally accepted accounting principles consistently applied, and to be consistent with requirements of this HOME/HOPWA Regulatory Agreement. Borrower shall cause all books, records, and accounts to be open to and available for inspection and copying by HUD, the County, its auditors or other authorized representatives at reasonable intervals during normal business hours. Borrower shall cause copies of all tax returns and other reports that Borrower may be required to furnish to any government agency to be open for inspection by the County at all reasonable times at the place that the books, records and accounts of Borrower are kept. Borrower shall preserve such records for a period of not less than five (5) years after their creation in compliance with all HUD records and accounting requirements. If any litigation, claim, negotiation, audit exception, July 12, 2016 Contra Costa County Board of Supervisors 1353 15 863\99\1900715.4 monitoring, inspection or other action relating to the use of the Combined County Loan is pending at the end of the record retention period stated herein, then Borrower shall retain the records until such action and all related issues are resolved. Borrower shall cause the records to include all invoices, receipts, and other documents related to expenditures from the Combined County Loan funds. Borrower shall cause records to be accurate and current and in a form that allows the County to comply with the record keeping requirements contained in 24 C.F.R. 92.508, 24 C.F.R. 574.450, and 24 C.F.R. 574.530. Such records are to include but are not limited to: (i) Records providing a full description of the activities undertaken with the use of the Combined County Loan funds; (ii) Records demonstrating that each activity undertaken with the HOPWA Funds meets one of the eligible activities of the HOPWA program set forth in 24 C.F.R. Section 574.300 and 24 C.F.R. Section 574.310; (iii) Records demonstrating compliance with the HUD property standards and lead-based paint requirements including the property standards of 24 C.F.R. Section 574.310(b) and the lead-based paint requirements of 24 C.F.R. Section 574.635, and the maintenance requirements set forth in Section 5.6 (which implements 24 C.F.R. 92.251); (iv) Records documenting compliance with the fair housing, equal opportunity, and affirmative fair marketing requirements; (v) Financial records as required by 24 C.F.R. 92.505, and 2 C.F.R. Part 200, and during the HOPWA Term, financial records and other documents necessary to document compliance with the requirements of 24 C.F.R. Part 574 et seq; (vi) Records demonstrating compliance with the HOPWA and HOME marketing, tenant selection, affordability, and income requirements; (vii) Records demonstrating compliance with MBE/WBE requirements; (viii) Records demonstrating compliance with 24 C.F.R. Part 135 which implements Section 3 of the Housing Development Act of 1968; (ix) Records demonstrating compliance with applicable relocation requirements, which must be retained for at least five (5) years after the date by which persons displaced from the property have received final payments; (x) Records demonstrating compliance with labor requirements including certified payrolls from Borrower's general contractor evidencing that applicable prevailing wages have been paid; (xi) Records documenting compliance with the Social Services Plan approved by the County; and July 12, 2016 Contra Costa County Board of Supervisors 1354 16 863\99\1900715.4 (xii) Records demonstrating Borrower's continued compliance with the CHDO requirements. (b) The County shall notify Borrower of any records it deems insufficient. Borrower has fifteen (15) calendar days after the receipt of such a notice to correct any deficiency in the records specified by the County in such notice, or if a period longer than fifteen (15) days is reasonably necessary to correct the deficiency, then Borrower must begin to correct the deficiency within fifteen (15) days and correct the deficiency as soon as reasonably possible. ARTICLE 4 OPERATION OF THE DEVELOPMENT 4.1 Residential Use. Borrower shall operate the Development for residential use only. No part of the Development may be operated as transient housing. 4.2 Compliance with Loan Documents and Program Requirements. Borrower's actions with respect to the Property shall at all times be in full conformity with: (i) all requirements of the Loan Documents; (ii) all requirements imposed on projects assisted with HOME Funds as contained in 42 U.S.C. Section 12701, et seq., 24 C.F.R. Part 92, and other implementing rules and regulations; (iii) all requirements imposed on projects assisted under the HOPWA Program as contained in 42 U.S.C. Section 12901, et seq., 24 C.F.R. Part 574, and other implementing rules and regulations; and (iv) any other regulatory requirements imposed on the Development. 4.3 Marketing Plan; Tenant Selection Plan; and Social Services Plan. (a) Marketing Plan. (1) No later than six (6) months prior to the date construction of the Development is projected to be complete, Borrower shall submit to the County for approval its plan for marketing the Development to income-eligible households and HOPWA-Eligible Households as required by this HOME/HOPWA Regulatory Agreement (the "Marketing Plan"). The Marketing Plan must include information on affirmative marketing efforts and compliance with fair housing laws and 24 C.F.R. 92.351(a). (2) Upon receipt of the Marketing Plan, the County will promptly review the Marketing Plan and will approve or disapprove it within fifteen (15) days after receipt. If the Marketing Plan is not approved, the County will give Borrower specific reasons for such disapproval and Borrower shall submit a revised Marketing Plan within fifteen (15) days of notification of the County's disapproval. Borrower shall follow this procedure for resubmission of a revised Marketing Plan until the Marking Plan is approved by the County. If the Borrower does not submit a revised Marketing Plan that is approved by the County at least three (3) months prior to the date completion of the Development is projected to be complete, Borrower will be in default of this HOME/HOPWA Regulatory Agreement. July 12, 2016 Contra Costa County Board of Supervisors 1355 17 863\99\1900715.4 (3) If any HOME-Assisted Units have not been rented in accordance with Section 2.1(b) above on or before the date that is five (5) months after the Completion Date Borrower shall submit to the County a detailed report of ongoing marketing efforts, and if deemed appropriate by the County, any necessary amendments or updates to the Marketing Plan to cause the vacant HOME-Assisted Units to be rented in compliance with Section 2.1(b). (4) If any HOME-Assisted Units have not been rented to in accordance with Section 2.1(b) above on or before the date that is twelve (12) months after the Completion Date Borrower shall submit to the County a detailed report of ongoing marketing efforts, and if deemed appropriate by the County, any necessary amendments or updates to the Marketing Plan to cause the vacant HOME-Assisted Units to be rented in compliance with Section 2.1(b). (b) Tenant Selection Plan. (1) No later than six (6) months prior to the date construction of the Development is projected to be complete, Borrower shall submit to the County, for its review and approval, Borrower's written tenant selection plan (the "Tenant Selection Plan"). Borrower's Tenant Selection Plan must, at a minimum, meet the requirements for tenant selection set out in 24 C.F.R. Part 574 and 24 C.F.R. 92.253(d), and any modifications thereto. (2) Upon receipt of the Tenant Selection Plan, the County will promptly review the Tenant Selection Plan and will approve or disapprove it within fifteen (15) days after receipt. If the Tenant Selection Plan is not approved, the County will give Borrower specific reasons for such disapproval and Borrower shall submit a revised Tenant Selection Plan within fifteen (15) days of notification of the County's disapproval. Borrower shall follow this procedure for resubmission of a revised Tenant Selection Plan until the Tenant Selection Plan is approved by the County. If the Borrower does not submit a revised Tenant Selection Plan that is approved by the County at least three (3) months prior to the date construction of the Development is projected to be complete, Borrower will be in default of this HOME/HOPWA Regulatory Agreement. (c) Social Services Plan. (1) No later than six (6) months prior to the date construction of the Development is projected to be complete, Borrower shall submit to the County for approval its plan for providing social services from qualified service providers to the HOPWA-Eligible Households of the Development as required by 24 C.F.R. Section 574.310(a)(1) and this HOME/HOPWA Regulatory Agreement (the "Social Services Plan"). (2) Upon receipt of the Social Services Plan, the County will promptly review the Social Services Plan and will approve or disapprove it within fifteen (15) days after receipt. If the Social Services Plan is not approved, the County will give Borrower specific reasons for such disapproval and Borrower shall submit a revised Social Services Plan within fifteen (15) days of notification of the County's disapproval. Borrower shall follow this procedure for resubmission of a revised Social Services Plan until the Social Services Plan is approved by the County. If the Borrower does not submit a revised Social Services Plan that is July 12, 2016 Contra Costa County Board of Supervisors 1356 18 863\99\1900715.4 approved by the County at least three (3) months prior to the date construction of the Development is projected to be complete, Borrower will be in default of this HOME/HOPWA Regulatory Agreement. 4.4 Lease Provisions. (a) No later than four (4) months prior to the date construction of the Development is projected to be complete, Borrower shall submit to the County for approval Borrower’s proposed form of lease agreement for the County's review and approval. When leasing Units within the Development, Borrower shall use the form of lease approved by the County. Borrower may not permit the lease to contain any provision that is prohibited by 24 C.F.R. Section 92.253(b) and any amendments thereto. Borrower’s form of lease must include any provisions necessary to comply with the requirements of the Violence Against Women Reauthorization Act of 2013 (Pub. L. 113–4, 127 Stat. 54) applicable to HUD-funded programs. The form of lease must comply with all requirements of this HOME/HOPWA Regulatory Agreement, the other Loan Documents and must, among other matters: (1) provide for termination of the lease for failure to: (i) provide any information required under this HOME/HOPWA Regulatory Agreement or reasonably requested by Borrower to establish or recertify the Tenant's qualification, or the qualification of the Tenant's household, for occupancy in the Development in accordance with the standards set forth in this HOME/HOPWA Regulatory Agreement, (ii) qualify as an Extremely Low Income Household, Forty Percent Income Household, or Very Low Income Household, as a result of any material misrepresentation made by such Tenant with respect to the income computation, or (iii) qualify as a HOPWA-Eligible Household when and if applicable as a result of any material misrepresentation made by such Tenant with respect to HIV/AIDS status. (2) be for an initial term of not less than one (1) year, unless by mutual agreement between the Tenant and Borrower, and provide for no increase in Rent during such year. After the initial year of tenancy, the lease may be month-to-month by mutual agreement of Borrower and the Tenant. Notwithstanding the above, any rent increases are subject to the requirements of Section 2.3 above. (3) include a provision that requires a Tenant who is residing in a Unit required to be accessible pursuant to Section 2.1(d) and who is not in need of an accessible Unit to move to a non-accessible Unit when a non-accessible Unit becomes available and another Tenant or prospective Tenant is in need of an accessible Unit. (b) During the HOME Term, Borrower shall comply with the Marking Plan, Social Services Plan, and Tenant Selection Plan approved by the County. 4.5 HOPWA Tenant Requirements. During the HOPWA Term Borrower shall: (a) ensure the confidentiality of the name of any individual requesting or receiving assistance through this project pursuant to 24 C.F.R. 574.440; July 12, 2016 Contra Costa County Board of Supervisors 1357 19 863\99\1900715.4 (b) ensure that qualified service providers in the area make available appropriate supportive services to HOPWA-Eligible Households pursuant to 24 C.F.R. 574.310(a)(1); (c) conduct an ongoing assessment of the services required by HOPWA- Eligible Households pursuant to 24 C.F.R. 574.500(b)(2); (d) comply with the Social Services Plan approved by the County detailing the services provided to HOPWA-Eligible Households; and (e) ensure that the Development meets the Housing Quality Standards pursuant to 24 C.F.R. 574.310(b). 4.6 Lease Termination. (a) HOME Lease Termination Requirements. Any termination of a lease or refusal to renew a lease for a HOME-Assisted Unit within the Development must be in conformance with 24 C.F.R. 92.253(c) and the requirements of the Violence Against Women Reauthorization Act of 2013 ((Pub. L. 113–4, 127 Stat. 54) applicable to HUD-funded programs, and must be preceded by not less than sixty (60) days written notice to the Tenant by Borrower specifying the grounds for the action. (b) HOPWA Lease Termination Requirements. (1) Any termination of a lease or refusal to renew a lease for a HOPWA-Assisted Unit within the Development must be in conformance with 24 C.F.R. 574.310(e) during the HOPWA Term, and must be preceded by not less than sixty (60) days written notice to the Tenant by Borrower specifying the grounds for the action. (2) During the HOPWA Term Borrower shall ensure that surviving members of a household that included a Person with HIV/AIDS at the time of his or her death is permitted to continue to occupy the unit and receive supportive services for a reasonable period of up to one (1) year from the time of the death, and is provided with notice of their grace period and with assistance to obtain information about other available housing assistance programs. In addition, in the event such surviving members of a household would be eligible for occupancy in one of the other units within the Development, upon approval from Borrower, such surviving members may remain in their current unit and the next available unit within the Development will become a HOPWA-Assisted Unit. 4.7 HOME and HOPWA Requirements. (a) Borrower shall comply with all applicable laws and regulations governing the use of the HOME Funds as set forth in 24 C.F.R. Part 92, and use of the HOPWA Funds, as set forth in 24 C.F.R. Part 574 et. seq. In the event of any conflict between this HOME/HOPWA Regulatory Agreement and applicable laws and regulations governing the use of the Combined County Loan funds, the applicable laws and regulations govern. July 12, 2016 Contra Costa County Board of Supervisors 1358 20 863\99\1900715.4 (b) The laws and regulations governing the use of the Combined County Loan funds include (but are not limited to) the following: (i) Environmental and Historic Preservation. 24 C.F.R. Part 58, which prescribes procedures for compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321-4361), and the additional laws and authorities listed at 24 C.F.R. 58.5; (ii) Applicability of Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. The applicable policies, guidelines, and requirements of 2 C.F.R. Part 200; (iii) Debarred, Suspended or Ineligible Contractors. The prohibition on the use of debarred, suspended, or ineligible contractors set forth in 24 C.F.R. Part 24; (iv) Civil Rights, Housing and Community Development, and Age Discrimination Acts. The Fair Housing Act (42 U.S.C. 3601 et seq.) and implementing regulations at 24 C.F.R. Part 100; Title VI of the Civil Rights Act of 1964 as amended; Title VIII of the Civil Rights Act of 1968 as amended; Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended; Section 504 of the Rehabilitation Act of 1973 (29 USC 794, et seq.); the Age Discrimination Act of 1975 (42 USC 6101, et seq.); Executive Order 11063 as amended by Executive Order 12259 and implementing regulations at 24 C.F.R. Part 107; Executive Order 11246 as amended by Executive Orders 11375, 12086, 11478, 12107; Executive Order 11625 as amended by Executive Order 12007; Executive Order 12432; Executive Order 12138 as amended by Executive Order 12608; (v) Lead-Based Paint. The requirement of the Lead-Based Paint Poisoning Prevention Act, as amended (42 U.S.C. 4821 et seq.), the Residential Lead-Based Paint Hazard Reduction Act (42 U.S.C. 4851 et seq.), and implementing regulations at 24 C.F.R. Part 35; (vi) Relocation. The requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601, et seq.), and implementing regulations at 49 C.F.R. Part 24; Section 104(d) of the Housing and Community Development Act of 1974 and implementing regulations at 24 C.F.R. 42 et seq.; 24 C.F.R. 92.353; 24 C.F.R. 574.630; and California Government Code Section 7260 et seq. and implementing regulations at 25 California Code of Regulations Sections 6000 et seq. If and to the extent that development of the Development results in the permanent or temporary displacement of residential tenants, homeowners, or businesses, then Borrower shall comply with all applicable local, state, and federal statutes and regulations with respect to relocation planning, advisory assistance, and payment of monetary benefits. Borrower shall prepare and submit a relocation plan to the County for approval. Borrower is solely responsible for payment of any relocation benefits to any displaced persons and any other obligations associated with complying with such relocation laws. Borrower shall indemnify, defend (with counsel reasonably chosen by the County), and hold harmless the County against all claims that arise out of relocation obligations to residential tenants, homeowners, or businesses permanently or temporarily displaced by the Development; July 12, 2016 Contra Costa County Board of Supervisors 1359 21 863\99\1900715.4 (vii) Discrimination against the Disabled. The requirements of the Fair Housing Act (42 U.S.C. 3601 et seq.) and implementing regulations at 24 C.F.R. Part 100; Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), and federal regulations issued pursuant thereto, which prohibit discrimination against the disabled in any federally assisted program, the requirements of the Architectural Barriers Act of 1968 (42 U.S.C. 4151-4157) and the applicable requirements of Title II and/or Title III of the Americans with Disabilities Act of 1990 (42 U.S.C. 12131 et seq.), and federal regulations issued pursuant thereto; (viii) Clean Air and Water Acts. The Clean Air Act, as amended, 42 U.S.C. 7401 et seq., the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq., and the regulations of the Environmental Protection Agency with respect thereto, at 40 C.F.R. Part 1500, as amended from time to time; (ix) Uniform Administrative Requirements. The provisions of 24 C.F.R. 92.505 and 24 C.F.R. 574.650 regarding cost and auditing requirements; (x) Housing Quality Standards. The housing quality standards set forth in 24 C.F.R. Section 574.310(b); (xi) Supportive Services. The supportive service requirements of 24 C.F.R. Section 574.310(a)(1). Borrower shall procure services to satisfy such service requirements; (xii) Training Opportunities. The requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u ("Section 3"), requiring that to the greatest extent feasible opportunities for training and employment be given to lower income residents of the project area and agreements for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part by persons residing in, the areas of the project. Borrower agrees to include the following language in all subcontracts executed under this HOME/HOPWA Regulatory Agreement: (1) The work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u. The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing. (2) The parties to this contract agree to comply with HUD's regulations in 24 C.F.R. Part 135, which implement Section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the Part 135 regulations. (3) The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of July 12, 2016 Contra Costa County Board of Supervisors 1360 22 863\99\1900715.4 the contractor's commitments under this Section 3 clause; and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference; shall set forth minimum number and job titles subject to hire; availability of apprenticeship and training positions; the qualifications for each; the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. (4) The contractor agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 C.F.R. Part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 C.F.R. Part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 C.F.R. Part 135. (5) The contractor will certify that any vacant employment positions, including training positions, that are filled (A) after the contractor is selected but before the contract is executed, and (B) with persons other than those to whom the regulations of 24 C.F.R. Part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 C.F.R. Part 135. (6) Noncompliance with HUD's regulations in 24 C.F.R. Part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. (7) With respect to work performed in connection with Section 3 covered Indian housing assistance, section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that are subject to the provisions of Section 3 and section 7(b) agree to comply with Section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b). (xiii) Labor Standards. The labor requirements set forth in 24 C.F.R. 92.354; the prevailing wage requirements of the Davis-Bacon Act and implementing rules and regulations (40 U.S.C. 3141-3148); the Copeland "Anti-Kickback" Act (40 U.S.C. 276(c)) which requires that workers be paid at least once a week without any deductions or rebates except permissible deductions; the Contract Work Hours and Safety Standards Act – CWHSSA (40 U.S.C. 3701-3708) which requires that workers receive "overtime" compensation at a rate of 1-1/2 times their regular hourly wage after they have worked forty (40) hours in one (1) week; and Title 29, Code of Federal Regulations, Subtitle A, Parts 1, 3 and 5 are the regulations and procedures issued by the Secretary of Labor for the administration and enforcement of the Davis-Bacon Act, as amended; July 12, 2016 Contra Costa County Board of Supervisors 1361 23 863\99\1900715.4 (xiv) Drug Free Workplace. The requirements of the Drug Free Workplace Act of 1988 (P.L. 100-690) and implementing regulations at 24 C.F.R. Part 24; (xv) Anti-Lobbying; Disclosure Requirements. The disclosure requirements and prohibitions of 31 U.S.C. 1352 and implementing regulations at 24 C.F.R. Part 87; (xvi) Historic Preservation. The historic preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. Section 470) and the procedures set forth in 36 C.F.R. Part 800. If archeological, cultural, or historic period resources are discovered during construction, all construction work must come to a halt and Borrower shall immediately notify the County. Borrower shall not shall alter or move the discovered material(s) until all appropriate procedures for "post-review discoveries" set forth in Section 106 of the National Historic Preservation Act have taken place, which include, but are not limited to, consultation with the California State Historic Preservation Officer and evaluation of the discovered material(s) by a qualified professional archeologist; (xvii) Religious Organizations. If the Borrower is a religious organization, as defined by the HOPWA and/or HOME requirements, the Borrower shall comply with all conditions prescribed by HUD for the use of HOME Funds and HOPWA Funds by religious organizations, including the First Amendment of the United States Constitution regarding church/state principles and the applicable constitutional prohibitions set forth in 24 C.F.R. 92.257 and 24 C.F.R. 574.300(c); (xviii) Violence Against Women. The requirements of the Violence Against Women Reauthorization Act of 2013 (Pub. L. 113–4, 127 Stat. 54) applicable to HUD- funded programs; (xix) Conflict of Interest. The conflict of interest provisions set forth in 24 C.F.R. 92.356 and 24 C.F.R. Section 574.625; and (xx) HUD Regulations. Any other HUD regulations present or as may be amended, added, or waived in the future pertaining to the Combined County Loan funds. ARTICLE 5 PROPERTY MANAGEMENT AND MAINTENANCE 5.1 Management Responsibilities. Borrower is responsible for all management functions with respect to the Development, including without limitation the selection of Tenants, certification and recertification of household size and income, evictions, collection of rents and deposits, maintenance, landscaping, routine and extraordinary repairs, replacement of capital items, and security. The County has no responsibility for management of the Development. Borrower shall retain a professional property management company approved by the County in its reasonable discretion to perform Borrower's management duties hereunder. An on-site property manager is also required. 5.2 Management Agent. Borrower shall cause the Development to be managed by an July 12, 2016 Contra Costa County Board of Supervisors 1362 24 863\99\1900715.4 experienced management agent reasonably acceptable to the County, with a demonstrated ability to operate residential facilities like the Development in a manner that will provide decent, safe, and sanitary housing (the "Management Agent"). The County has approved Eden Housing Management, Inc. as the Management Agent. Borrower shall submit for the County's approval the identity of any proposed subsequent management agent. Borrower shall also submit such additional information about the background, experience and financial condition of any proposed management agent as is reasonably necessary for the County to determine whether the proposed management agent meets the standard for a qualified management agent set forth above. If the proposed management agent meets the standard for a qualified management agent set forth above, the County shall approve the proposed management agent by notifying Borrower in writing. Unless the proposed management agent is disapproved by the County within thirty (30) days, which disapproval is to state with reasonable specificity the basis for disapproval, it shall be deemed approved. 5.3 Periodic Performance Review. The County reserves the right to conduct an annual (or more frequently, if deemed necessary by the County) review of the management practices and financial status of the Development. The purpose of each periodic review will be to enable the County to determine if the Development is being operated and managed in accordance with the requirements and standards of this HOME/HOPWA Regulatory Agreement. Borrower shall cooperate with the County in such reviews. 5.4 Replacement of Management Agent. If, as a result of a periodic review, the County determines in its reasonable judgment that the Development is not being operated and managed in accordance with any of the material requirements and standards of this HOME/HOPWA Regulatory Agreement, the County shall deliver notice to Borrower of its intention to cause replacement of the Management Agent, including the reasons therefor. Within fifteen (15) days after receipt by Borrower of such written notice, the County staff and Borrower shall meet in good faith to consider methods for improving the financial and operating status of the Development, including, without limitation, replacement of the Management Agent. If, after such meeting, County staff recommends in writing the replacement of the Management Agent, Borrower shall promptly dismiss the then-current Management Agent, and shall appoint as the Management Agent a person or entity meeting the standards for a management agent set forth in Section 5.2 above and approved by the County pursuant to Section 5.2 above. Any contract for the operation or management of the Development entered into by Borrower shall provide that the Management Agent may be dismissed and the contract terminated as set forth above. Failure to remove the Management Agent in accordance with the provisions of this Section constitutes a default under this HOME/HOPWA Regulatory Agreement, and the County may enforce this provision through legal proceedings as specified in Section 6.4 below. 5.5 Approval of Management Policies. Borrower shall submit its written management policies with respect to the Development to the County for its review, and shall amend such policies in any way necessary to ensure that such policies comply with the provisions of this HOME/HOPWA Regulatory Agreement. July 12, 2016 Contra Costa County Board of Supervisors 1363 25 863\99\1900715.4 5.6 Property Maintenance. (a) Borrower shall maintain, for the entire HOME Term of this HOME/HOPWA Regulatory Agreement, all interior and exterior Improvements, including landscaping in decent, safe and sanitary condition, and in good condition and repair, in accordance with (i) 24 C.F.R. Section 92.251, and (ii) the maintenance standards provided by the County (the "Maintenance Standards"). The Maintenance Standards, which set forth inspectable items and areas, and this HOME/HOPWA Regulatory Agreement, implement 24 C.F.R. Section 92.251(f). Borrower shall cause the Development to be: (i) maintained in accordance with all applicable laws, rules, ordinances, orders and regulations of all federal, state, county, municipal, and other governmental agencies and bodies having or claiming jurisdiction and all their respective departments, bureaus, and officials, including but not limited to the lead-based paint requirements in 24 C.F.R. part 35; and (ii) free of all health and safety defects. Borrower shall correct any life-threatening maintenance deficiencies, including those set forth in the Maintenance Standards immediately upon notification. (b) At the beginning of each year of the HOME Term, Borrower shall certify to the County that the Development is in compliance with the Maintenance Standards. 5.7 Property Inspections. (a) On-Site Physical Inspections. The County will perform on-site inspections of the Development during the HOME Term to ensure compliance with the Maintenance Standards. The County will perform an on-site inspection within twelve months after completion of construction of the Development and at least once every three (3) years during the HOME Term. If the Development is found to have health and safety violations, the County may perform more frequent inspections. Borrower shall cooperate in such inspections. (b) Violation of Maintenance Standards. If after an inspection, the County determines that Borrower is in violation of the Maintenance Standards, the County will provide Borrower a written report of the violations. Borrower shall correct the violations set forth in the report provided to Borrower by County. The County will perform a follow-up inspection to verify that the violations have been corrected. If such violations continue for a period of ten (10) days after delivery of the report to Borrower by the County with respect to graffiti, debris, waste material, and general maintenance, or thirty (30) days after delivery of the report to Borrower by the County with respect to landscaping and building improvements, then the County, in addition to whatever other remedy it may have at law or in equity, has the right to enter upon the Property and perform or cause to be performed all such acts and work necessary to cure the violation. Pursuant to such right of entry, the County is permitted (but is not required) to enter upon the Property and to perform all acts and work necessary to protect, maintain, and preserve the improvements and landscaped areas on the Property, and to attach a lien on the Property, or to assess the Property, in the amount of the expenditures arising from such acts and work of protection, maintenance, and preservation by the County and/or costs of such cure, which amount Borrower shall promptly pay to the County upon demand. July 12, 2016 Contra Costa County Board of Supervisors 1364 26 863\99\1900715.4 ARTICLE 6 MISCELLANEOUS 6.1 Nondiscrimination. (a) All of the Units must be available for occupancy on a continuous basis to members of the general public who are income eligible. Borrower may not give preference to any particular class or group of persons in renting or selling the Units, except to the extent that the Units are required to be leased to income eligible households and to HOPWA-Eligible Households pursuant to this HOME/HOPWA Regulatory Agreement. Borrower herein covenants by and for Borrower, assigns, and all persons claiming under or through Borrower, that there exist no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, sexual orientation, marital status, national origin, source of income (e.g., SSI), ancestry, or disability, in the leasing, subleasing, transferring, use, occupancy, tenure, or enjoyment of any unit nor will Borrower or any person claiming under or through Borrower, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy, of tenants, lessees, sublessees, subtenants, or vendees of any unit or in connection with the employment of persons for the construction, operation and management of any unit. (b) Borrower shall accept as Tenants, on the same basis as all other prospective Tenants, persons who are recipients of federal certificates for rent subsidies pursuant to the existing housing program under Section 8 of the United States Housing Act, or its successor. Borrower may not apply selection criteria to Section 8 certificate or voucher holders that is more burdensome than criteria applied to all other prospective Tenants, nor will Borrower apply or permit the application of management policies or lease provisions with respect to the Development which have the effect of precluding occupancy of units by such prospective Tenants. 6.2 Application of Provisions. The provisions of this HOME/HOPWA Regulatory Agreement apply to the Property for the entire HOME Term even if the Combined County Loan is paid in full prior to the end of the HOME Term. This HOME/HOPWA Regulatory Agreement binds any successor, heir or assign of Borrower, whether a change in interest occurs voluntarily or involuntarily, by operation of law or otherwise, except as expressly released by the County. The County is making the Combined County Loan on the condition, and in consideration of, this provision, and would not do so otherwise. 6.3 Covenants to Run With the Land. The County and Borrower hereby declare their express intent that the covenants and restrictions set forth in this HOME/HOPWA Regulatory Agreement run with the land, and bind all successors in title to the Property, provided, however, that on the expiration of the HOME Term said covenants and restrictions expire. Each and every contract, deed or other instrument hereafter executed covering or conveying the Property or any portion thereof, is to be held conclusively to have been executed, delivered and accepted subject to the covenants and restrictions, regardless of whether such covenants or restrictions are set forth in such contract, deed or other instrument, unless the County expressly releases such July 12, 2016 Contra Costa County Board of Supervisors 1365 27 863\99\1900715.4 conveyed portion of the Property from the requirements of this HOME/HOPWA Regulatory Agreement. 6.4 Enforcement by the County. If Borrower fails to perform any obligation under this HOME/HOPWA Regulatory Agreement, and fails to cure the default within thirty (30) days after the County has notified Borrower in writing of the default or, if the default cannot be cured within thirty (30) days, fails to commence to cure within thirty (30) days and thereafter diligently pursue such cure and complete such cure within sixty (60) days, the County may enforce this HOME/HOPWA Regulatory Agreement by any or all of the following actions, or any other remedy provided by law: (a) Calling the Loan. The County may declare a default under the Notes, accelerate the indebtedness evidenced by the Notes, and proceed with foreclosure under the Deed of Trust. (b) Action to Compel Performance or for Damages. The County may bring an action at law or in equity to compel Borrower's performance of its obligations under this HOME/HOPWA Regulatory Agreement, and may seek damages. (c) Remedies Provided Under Loan Documents. The County may exercise any other remedy provided under the Loan Documents. The County shall provide notice of a default to Borrower's limited partner in the manner set forth in Section 6.5 of the Loan Agreement. 6.5 Anti-Lobbying Certification. (a) Borrower certifies, to the best of Borrower's knowledge or belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form-LLL, Disclosure Form to Report Lobbying, in accordance with its instructions. (b) This certification is a material representation of fact upon which reliance was placed when the Loan Documents were made or entered into. Submission of this certification is a prerequisite for making or entering into the Loan Documents imposed by July 12, 2016 Contra Costa County Board of Supervisors 1366 28 863\99\1900715.4 Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than Ten Thousand Dollars ($10,000) and no more than One Hundred Thousand Dollars ($100,000) for such failure. 6.6 Attorneys' Fees and Costs. In any action brought to enforce this HOME/HOPWA Regulatory Agreement, the prevailing party must be entitled to all costs and expenses of suit, including reasonable attorneys' fees. This section must be interpreted in accordance with California Civil Code Section 1717 and judicial decisions interpreting that statute. 6.7 Recording and Filing. The County and Borrower shall cause this HOME/HOPWA Regulatory Agreement, and all amendments and supplements to it, to be recorded in the Official Records of the County of Contra Costa. 6.8 Governing Law. This HOME/HOPWA Regulatory Agreement is governed by the laws of the State of California. 6.9 Waiver of Requirements. Any of the requirements of this HOME/HOPWA Regulatory Agreement may be expressly waived by the County in writing, but no waiver by the County of any requirement of this HOME/HOPWA Regulatory Agreement extends to or affects any other provision of this HOME/HOPWA Regulatory Agreement, and may not be deemed to do so. 6.10 Amendments. This HOME/HOPWA Regulatory Agreement may be amended only by a written instrument executed by all the parties hereto or their successors in title that is duly recorded in the official records of the County of Contra Costa. 6.11 Notices. Any notice requirement set forth herein will be deemed to be satisfied three (3) days after mailing of the notice first-class United States certified mail, postage prepaid, addressed to the appropriate party as follows: County: County of Contra Costa Department of Conservation and Development 30 Muir Road Martinez, CA 94553 Attn: Affordable Housing Program Manager Borrower: VL, L.P. c/o VL, LLC 22645 Grand Street Hayward, CA 94541 Attention: President July 12, 2016 Contra Costa County Board of Supervisors 1367 29 863\99\1900715.4 Investor Limited Partner: Wells Fargo Affordable Housing Community Development Corporation 301 S. College Street, MAC D1053-170 Charlotte, NC 28288 Attn: Director of Tax Credit Asset Management Such addresses may be changed by notice to the other party given in the same manner as provided above. 6.12 Severability. If any provision of this HOME/HOPWA Regulatory Agreement is determined by a court of competent jurisdiction to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining portions of this HOME/HOPWA Regulatory Agreement will not in any way be affected or impaired thereby. 6.13 Multiple Originals; Counterparts. This HOME/HOPWA Regulatory Agreement may be executed in multiple originals, each of which is deemed to be an original, and may be signed in counterparts. 6.14 Revival of Agreement after Foreclosure. In the event there is a foreclosure of the Property, this HOME/HOPWA Regulatory Agreement will revive according to its original terms if, during the HOME Term, the owner of record before the foreclosure, or deed in lieu of foreclosure, or any entity that includes the former owner or those with whom the former owner has or had family or business ties, obtains an ownership interest in the Development or Property. 6.15 County Regulatory Agreement. The County and Borrower are entering into this HOME/HOPWA Regulatory Agreement concurrently with the County Regulatory Agreement. The County Regulatory Agreement as it applies to the County Assisted Units will be in effect for fifty-five (55) years from the Completion Date which term overlaps with but is longer than the HOME Term. Compliance with the terms of this HOME/HOPWA Regulatory Agreement will be deemed compliance with the County Regulatory Agreement during the HOME Term. In the event of a conflict between this HOME/HOPWA Regulatory Agreement and the County Regulatory Agreement during the HOME Term, the terms of this HOME/HOPWA Regulatory Agreement will prevail. [remainder of page intentionally left blank] July 12, 2016 Contra Costa County Board of Supervisors 1368 30 Signature page County Regulatory Agreement 863\99\1900715.4 WHEREAS, this HOME/HOPWA Regulatory Agreement has been entered into by the undersigned as of the date first written above. COUNTY: COUNTY OF CONTRA COSTA, a political subdivision of the State of California By: __________________ Its:____________________ Approved as to form: SHARON L. ANDERSON County Counsel By: Kathleen Andrus Deputy County Counsel BORROWER: VL, L.P., a California limited partnership By: VL LLC, a California limited liability company, its general partner By: Eden Housing, Inc., a California nonprofit public benefit corporation, its manager By:_______________________ Linda Mandolini, President July 12, 2016 Contra Costa County Board of Supervisors 1369 863\99\1900715.4 STATE OF CALIFORNIA ) ) COUNTY OF __________________ ) On ____________________, before me, ___________________________, Notary Public, personally appeared ______________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify UNDER PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ______________________________________ Name: ______________________________ Notary Public A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. July 12, 2016 Contra Costa County Board of Supervisors 1370 863\99\1900715.4 STATE OF CALIFORNIA ) ) COUNTY OF __________________ ) On ____________________, before me, ___________________________, Notary Public, personally appeared ______________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify UNDER PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ______________________________________ Name: ______________________________ Notary Public A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. July 12, 2016 Contra Costa County Board of Supervisors 1371 A-1 863\99\1900715.4 EXHIBIT A Legal Description The land is situated in the State of California, County of Contra Costa, and is described as follows: July 12, 2016 Contra Costa County Board of Supervisors 1372 1 863\99\1888761.5 HOME AND HOPWA LOAN AGREEMENT Virginia Lane Apartments This HOME and HOPWA Loan Agreement (the "Agreement") is dated July 15, 2016, and is between the County of Contra Costa, a political subdivision of the State of California (the "County"), and VL, L.P., a California limited partnership ("Borrower"). RECITALS A. Defined terms used but not defined in these recitals are as defined in Article 1 of this Agreement. B. The County has received Home Investment Partnerships Act funds from the United States Department of Housing and Urban Development ("HUD") pursuant to the Cranston-Gonzales National Housing Act of 1990 ("HOME Funds"). The HOME Funds must be used by the County in accordance with 24 C.F.R. Part 92 (the "HOME Regulations"). C. The County has received Housing Opportunities for Persons with AIDS Program funds from HUD pursuant to the HOPWA Program ("HOPWA Funds"). The HOPWA Funds are available to and administered by the County, as a subrecipient of the City of Oakland, which is the representative for the Alameda-Contra Costa County Eligible Metropolitan Area. The HOPWA Funds must be used by the County in accordance with 24 C.F.R. Section 574 et seq. D. Borrower is acquiring from Virginia Lane Limited Partnership, a California limited partnership (the "Seller") that certain real property located at 1121 Virginia Lane and 1140 Virginia Lane in the City of Concord, County of Contra Costa, State of California, as more particularly described in Exhibit A (collectively, the "Property"). Borrower intends to rehabilitate the ninety-one (91) multifamily housing units located on the Property that are available for rental to extremely low, very low and low income households, and that include two (2) manager's units (the "Development"). The Development, as well as all landscaping, roads and parking spaces on the Property and any additional improvements on the Property, are the "Improvements". E. The County previously made a loan to the Seller in the principal amount of Two Hundred Ninety Thousand Dollars ($290,000) of HOME Funds (the "Original HOME Loan"). Pursuant to a Modification Agreement dated July 13, 2016 between the County and the Seller (the "Modification Agreement") the accrued interest on the Original HOME Loan has been capitalized into the principal balance of the Original HOME Loan such that the adjusted principal balance of the Original HOME Loan is Four Hundred Thirty-Eight Thousand Nine Hundred Forty-Nine Dollars ($438,949) (the "Adjusted Original HOME Loan"). Pursuant to an Omnibus Assignment, Assumption, and Consent Agreement of even date herewith among the County, the Seller, and Borrower (the "Assignment Agreement"), the Adjusted Original HOME Loan has been assigned to and assumed by Borrower. F. Borrower desires to supplement the Adjusted Original HOME Loan by borrowing from the County an additional Five Hundred Thousand Dollars ($500,000) of HOME Funds (the "New HOME Loan"), and One Million Dollars ($1,000,000) of HOPWA Funds (the "HOPWA July 12, 2016 Contra Costa County Board of Supervisors 1373 2 863\99\1888761.5 Loan") for a total new loan amount of One Million Five Hundred Thousand Dollars ($1,500,000) (the "New Loan"). The sum of the New Loan and the Adjusted Original HOME Loan is One Million Nine Hundred Thirty-Eight Thousand Nine Hundred Forty-Nine Dollars ($1,938,949) (the "Combined County Loan"). The HOME Funds being used for the New HOME Loan are funds which are set aside for entities that are designated as a Community Housing Development Organization ("CHDO") as defined in 24 C.F.R. 92.2. G. The Combined County Loan is evidenced by the Notes, the Regulatory Agreements, and the Intercreditor Agreement, and is secured by the Deed of Trust. H. The New Loan is being made to finance predevelopment and rehabilitation costs of the Development. Rehabilitation of the Development is intended to maintain the supply of affordable rental housing in Contra Costa County. Due to the assistance provided Borrower through the Combined County Loan, the County is designating four (4) units as HOME assisted units (the "HOME-Assisted Units"), and twenty (20) units as locally assisted units (the "Locally- Assisted Units"), ten (10) units of which are also HOPWA assisted units (the "HOPWA-Assisted Units"), for a total of twenty-four (24) assisted units (the "County Assisted Units"). I. The City has prepared a mitigated negative declaration pursuant to the California Environmental Quality Act (Public Resources Code Sections 21000 et seq.) ("CEQA"). J. In accordance with the National Environmental Policy Act of 1969, as amended (42 U.S.C. 4321-4347) ("NEPA"), the County has completed and approved all applicable environmental review for the activities proposed to be undertaken under this Agreement. The parties therefore agree as follows: AGREEMENT ARTICLE 1 DEFINITIONS AND EXHIBITS Section 1.1 Definitions. The following terms have the following meanings: (a) "Adjusted Bank Subordinate Loan" means, to the extent less than the full amount of the Bank Subordinate Loan is funded, an amount equal the actual principal amount loaned to Borrower by the Bank pursuant to the documents between Borrower and the Bank evidencing the Bank Subordinate Loan. If the full amount of the Bank Subordinate Loan is funded, the Adjusted Bank Subordinate Loan is equal to the Bank Subordinate Loan. (b) "Adjusted HOPWA Loan" means, to the extent less than the full amount of the HOPWA Loan is funded, an amount equal the actual principal amount loaned to Borrower by the County pursuant to this Agreement. If the full amount of the HOPWA Loan is funded, the Adjusted HOPWA Loan is equal to the HOPWA Loan. (c) "Adjusted MHP Loan" means, to the extent less than the full July 12, 2016 Contra Costa County Board of Supervisors 1374 3 863\99\1888761.5 amount of the MHP Loan is funded, an amount equal to the actual principal amount loaned to Borrower by HCD pursuant to the documents between Borrower and HCD evidencing the MHP Loan. If the full amount of the MHP Loan is funded, the Adjusted MHP Loan is equal to the MHP Loan. (d) "Adjusted New City Loan" means, to the extent less than the full amount of the New City Loan is funded, an amount equal the actual principal amount loaned to Borrower by the City pursuant to the documents between Borrower and the City evidencing the Combined City Loan, minus any Special City Loan Payment. If the full amount of the New City Loan is funded and no portion is repaid as a Special City Loan Payment, the Adjusted New City Loan is equal to the New City Loan. (e) "Adjusted New HOME Loan" means, to the extent less than the full amount of the New HOME Loan is funded, an amount equal the actual principal amount loaned to Borrower by the County pursuant to this Agreement, minus any Special County Loan Payment. If the full amount of the New HOME Loan is funded and no portion is repaid as a Special County Loan Payment, the Adjusted New HOME Loan is equal to the New HOME Loan. (f) "Adjusted Original HOME Loan" has the meaning set forth in Paragraph E of the Recitals. (g) "Adjusted Original HOME Loan Note" means the promissory note of even date herewith that evidences Borrower's obligation to repay the Adjusted Original HOME Loan. (h) "Agreement" means this HOME and HOPWA Loan Agreement. (i) "Annual Operating Expenses" means for each calendar year, the following costs reasonably and actually incurred for operation and maintenance of the Development: (i) property taxes and assessments imposed on the Development; (ii) debt service currently due on a non-optional basis (excluding debt service due from residual receipts or surplus cash of the Development) on the Bank Loan; (iii) on-site service provider fees for tenant social services, provided the County has approved, in writing, the plan and budget for such services before such services begin; (iv) fees paid to the Government Lender with respect to the Government Lender Note; (v) payment to HCD of a portion of the accrue interest on the MHP Loan pursuant to California Code of Regulations, Title 25, Section 7308; July 12, 2016 Contra Costa County Board of Supervisors 1375 4 863\99\1888761.5 (vi) property management fees and reimbursements, on–site property management office expenses, and salaries of property management and maintenance personnel, not to exceed amounts that are standard in the industry and which are pursuant to a management contract approved by the County; (vii) the Partnership/Asset Fee; (viii) fees for accounting, audit, and legal services incurred by Borrower's general partner in the asset management of the Development, not to exceed amounts that are standard in the industry, to the extent such fees are not included in the Partnership/Asset Fee; (ix) premiums for insurance required for the Improvements to satisfy the requirements of any lender of Approved Financing; (x) utility services not paid for directly by tenants, including water, sewer, and trash collection; (xi) maintenance and repair expenses and services; (xii) any annual license or certificate of occupancy fees required for operation of the Development; (xiii) security services; (xiv) advertising and marketing; (xv) cash deposited into the Replacement Reserve Account in the amount set forth in Section 4.2(a); (xvi) cash deposited into the Operating Reserve Account to maintain the amount set forth in Section 4.2(b) (excluding amounts deposited to initially capitalize the account); (xvii) payment of any previously unpaid portion of Developer Fee (without interest), not to exceed the amount set forth in Section 3.17; (xviii) extraordinary operating costs specifically approved in writing by the County; (xix) payments of deductibles in connection with casualty insurance claims not normally paid from reserves, the amount of uninsured losses actually replaced, repaired or restored, and not normally paid from reserves, and other ordinary and reasonable operating expenses approved in writing by the County and not listed above. Annual Operating Expenses do not include the following: depreciation, amortization, depletion or other non-cash expenses, initial deposits to capitalize a reserve July 12, 2016 Contra Costa County Board of Supervisors 1376 5 863\99\1888761.5 account, any amount expended from a reserve account, and any capital cost associated with the Development. (j) "Annual Payment" has the meaning in Section 2.8(a). (k) "Approved Development Budget" means the proforma development budget, including sources and uses of funds, as approved by the County, and attached hereto and incorporated herein as Exhibit B. (l) "Approved Financing" means all of the following loans, grants and equity obtained by Borrower and approved by the County for the purpose of financing the acquisition of the Property and rehabilitation of the Development: (i) the Combined City Loan; (ii) County of Contra Costa Multifamily Housing Revenue Note Series 2016B issued by the County of Contra Costa (the "Government Lender") in the approximate amount of Fifteen Million Nine Hundred Eighty-Eight Thousand Dollars ($15,988,000) (the "Government Lender Note"), the proceeds of which are loaned to Borrower by the Government Lender pursuant to a funding loan to the Government Lender by the Bank (the "Bank Loan") which will convert to a permanent loan in the approximate amount of Two Million One Hundred Twenty-Two Thousand Dollars ($2,122,000) (the "Permanent Loan"); (iii) loan of Multifamily Housing Program ("MHP") funds from the California Department of Housing and Community Development ("HCD") in the approximate amount of One Million Three Hundred Seventy-Four Thousand Two Hundred Sixty-Nine Dollars ($1,374,269) (the "MHP Loan"); (iv) loan from the Seller in the approximate amount of One Million Two Hundred Seventy-Six Thousand Two Hundred Fourteen Dollars ($1,276,214) (the "Seller Loan"); (v) a permanent loan from Eden in the approximate amount of Two Million Three Hundred Twenty-Nine Thousand Dollars ($2,329,000) (the "Eden Loan"); (vi) a loan from Eden of Neighbor Works Urban Uplift Grant Funds in the approximate amount of One Hundred Twenty-Five Thousand Dollars ($125,000) (the "Neighbor Works Loan"); (vii) a subordinate loan from the Bank in the approximate amount of Nine Hundred Ten Thousand Dollars ($910,000) (the "Bank Subordinate Loan"); (viii) the Low Income Housing Tax Credit investor equity funds in the approximate amount of Fourteen Million Five Hundred One Thousand Forty-Nine Dollars ($14,501,049) (the "Tax Credit Investor Equity") provided by the Investor Limited Partner; and July 12, 2016 Contra Costa County Board of Supervisors 1377 6 863\99\1888761.5 (ix) the capital contribution from Borrower's general partner in the approximate amount of Zero Dollars ($0) (the "GP Capital Contribution"). (m) "Assignment Agreement" has the meaning set forth in Paragraph E of the Recitals. (n) "Available Net Proceeds" means the result obtained by multiplying the Net Proceeds of Permanent Financing by 0.75. (o) "Bank" means Citibank, N.A.. (p) "Bank Loan" has the meaning set forth in Section 1.1(l)(ii). (q) "Bank Subordinate Loan" has the meaning set forth in Section 1.1(l)(vi). (r) "Bid Package" means the package of documents Borrower's general contractor is required to distribute to potential bidders as part of the process of selecting subcontractors for the Development. The Bid Package is to include the following: (i) an invitation to bid; (ii) copy of the proposed construction contract; (iii) a form of bid guarantee that is reasonably acceptable to the County that guarantees, at a minimum, an amount equal to five percent (5%) of the bid price; and (iv) all Construction Plans. (s) "Borrower" has the meaning set forth in the first paragraph of this Agreement. (t) "Borrower's Shared Portion of Residual Receipts" means twenty- five percent (25%) of Residual Receipts. (u) "CEQA" has the meaning set forth in Paragraph I of the Recitals. (v) "CHDO" has the meaning set forth in Paragraph F of the Recitals. (w) "City" means the City of Concord, California, a municipal corporation. (x) "Combined City Loan" means the Original City Loan plus the New City Loan. (y) "Combined County Loan" has the meaning set forth in Paragraph F of the Recitals. (z) "Commencement of Construction" has the meaning set forth in Section 3.5. (aa) "Completion Date" means the date a final certificate of occupancy, or equivalent document is issued by the City to certify that the Development may be legally occupied. July 12, 2016 Contra Costa County Board of Supervisors 1378 7 863\99\1888761.5 (bb) "Construction Plans" means all construction documentation upon which Borrower and Borrower's general contractor rely in rehabilitating all the Improvements on the Property (including the units in the Development, landscaping, parking, and common areas) and includes, but is not limited to, final architectural drawings, landscaping plans and specifications, final elevations, building plans and specifications (also known as "working drawings"). (cc) "County" has the meaning set forth in the first paragraph of this Agreement. (dd) "County Additional Prorata Share" means the result obtained by dividing (1) the sum of the Original HOME Loan, the Adjusted New HOME Loan and the Adjusted HOPWA Loan, by (2) the sum of the Original HOME Loan, the Adjusted New HOME Loan, the Adjusted HOPWA Loan, the Adjusted New City Loan, the Original City Loan, and the Adjusted Bank Subordinate Loan. (ee) "County Assisted Units" has the meaning set forth in Paragraph H of the Recitals. (ff) "County Loan Prorata Percentage" means the result, expressed as a percentage, obtained by dividing (1) the sum of the Original HOME Loan, the Adjusted HOME Loan and the Adjusted HOPWA Loan, by (2) the sum of the Original HOME Loan, the Adjusted New HOME Loan, the Adjusted HOPWA Loan, the Adjusted New City Loan the Original City Loan, and the Adjusted MHP Loan. (gg) "County Regulatory Agreement" means the Regulatory Agreement and Declaration of Restrictive Covenants of even date herewith, between the County and Borrower evidencing County requirements applicable to the County Assisted Units, to be recorded against the Property. (hh) "Deed of Trust" means the Deed of Trust with Assignment of Rents, Security Agreement, and Fixture Filing of even date herewith among Borrower, as Trustor, North American Title Company, as trustee, and the County, as beneficiary, that will encumber the Property to secure repayment of the Loan and performance of the covenants of the Loan Documents. (ii) "Default Rate" means the lesser of the maximum rate permitted by law and ten percent (10%) per annum. (jj) "Developer Fee" has the meaning set forth in Section 3.17. (kk) "Development" has the meaning set forth in Paragraph D of the Recitals. (ll) "Eden" means Eden Housing, Inc., a California nonprofit public benefit corporation. (mm) "Eden Loan" has the meaning set forth in Section 1.1(l)(v). July 12, 2016 Contra Costa County Board of Supervisors 1379 8 863\99\1888761.5 (nn) "Eligible Household" means a household qualified to occupy a HOME-Assisted Unit pursuant to the HOME/HOPWA Regulatory Agreement. (oo) "Event of Default" has the meaning set forth in Section 6.1. (pp) "Fifteen Year Compliance Period" means the fifteen (15) year compliance period as described in Section 42(i)(1) of the Internal Revenue Code of 1986, as amended. (qq) "Final Cost Certification" has the meaning set forth in Section 4.3. (rr) "Final Development Cost" means the total of the cost of acquisition and rehabilitation of the Development as shown on the Final Cost Certification. (ss) Government Lender" has the meaning set forth in Section 1.1(l)(i). (tt) "Government Lender Note" has the meaning set forth in Section 1.1(l)(i). (uu) "GP Capital Contribution" has the meaning set forth in Section 1.1(l)(ix). (vv) "Gross Revenue" means for each calendar year, all revenue, income, receipts, and other consideration actually received from the operation and leasing of the Development. Gross Revenue includes, but is not limited to: (i) all rents, fees and charges paid by tenants; (ii) Section 8 payments or other rental subsidy payments received for the dwelling units; (iii) deposits forfeited by tenants; (iv) all cancellation fees; (v) price index adjustments and any other rental adjustments to leases or rental agreements; (vi) net proceeds from vending and laundry room machines; (vii) the proceeds of business interruption or similar insurance not paid to senior lenders; (viii) the proceeds of casualty insurance not used to rebuild the Development and not paid to senior lenders; and (ix) condemnation awards for a taking of part or all of the Development for a temporary period. July 12, 2016 Contra Costa County Board of Supervisors 1380 9 863\99\1888761.5 Gross Revenue does not include tenants' security deposits, loan proceeds, unexpended amounts (including interest) in any reserve account, required deposits to reserve accounts, capital contributions or similar advances. (ww) "Hazardous Materials" means: (i) any substance, material, or waste that is petroleum, petroleum-related, or a petroleum by-product, asbestos or asbestos- containing material, polychlorinated biphenyls, flammable, explosive, radioactive, freon gas, radon, or a pesticide, herbicide, or any other agricultural chemical, and (ii) any waste, substance or material defined as or included in the definition of "hazardous substances," "hazardous wastes," "hazardous materials," "toxic materials", "toxic waste", "toxic substances," or words of similar import under any Hazardous Materials Law. (xx) "Hazardous Materials Claims" means with respect to the Property (i) any and all enforcement, cleanup, removal or other governmental or regulatory actions instituted, completed or threatened against Borrower or the Property pursuant to any Hazardous Materials Law; and (ii) all claims made or threatened by any third party against Borrower or the Property relating to damage, contribution, cost recovery compensation, loss or injury resulting from any Hazardous Materials. (yy) "Hazardous Materials Law" means any federal, state or local laws, ordinances, or regulations relating to any Hazardous Materials, health, industrial hygiene, environmental conditions, or the regulation or protection of the environment, and all amendments thereto as of this date and to be added in the future and any successor statute or rule or regulation promulgated thereto. (zz) "HCD" has the meaning set forth in Section 1.1(l)(iii). (aaa) "HOME" means the HOME Investment Partnership Act Program pursuant to the Cranston-Gonzales National Affordable Housing Act of 1990 (42 U.S.C. 12705 et seq.), as amended. (bbb) "HOME-Assisted Units" has the meaning set forth in Paragraph H of the Recitals. (ccc) "HOME Funds" has the meaning set forth in Paragraph B of the Recitals. (ddd) "HOME/HOPWA Regulatory Agreement" means the Regulatory Agreement and Declaration of Restrictive Covenants of even date herewith, between the County and Borrower evidencing HUD requirements applicable to the HOME-Assisted Units and HOPWA-Assisted Units, to be recorded against the Property. (eee) "HOME Regulations" has the meaning set forth in Paragraph B of the Recitals. (fff) "HOPWA" means the Housing Opportunities for Persons with AIDS Program pursuant to the AIDS Housing Opportunity Act (42 USC 12901 et seq.), as July 12, 2016 Contra Costa County Board of Supervisors 1381 10 863\99\1888761.5 amended by the Housing and Community Development Act of 1992 (42 USC 5301 et seq.). (ggg) "HOPWA-Assisted Units" has the meaning set forth in Paragraph H of the Recitals. (hhh) "HOPWA Eligible Household" means a household that includes at least one Person with HIV/AIDS. (iii) "HOPWA Funds" has the meaning set forth in Paragraph C of the Recitals. (jjj) "HOPWA Loan" has the meaning set forth in Paragraph E of the Recitals. (kkk) "HOPWA Unit" means a unit in the Development restricted to occupancy by a HOPWA-Eligible Household, as further set forth in in the HOME/HOPWA Regulatory Agreement. (lll) "HUD" has the meaning set forth in Paragraph B of the Recitals. (mmm) "Improvements" has the meaning set forth in Paragraph D of the Recitals. (nnn) "Intercreditor Agreement" means that certain intercreditor agreement of even date herewith entered into by and among the City, the County, and Borrower related to the Combined County Loan and the Combined City Loan to be recorded against the property. (ooo) "Investor Limited Partner" means Wells Fargo Affordable Housing Community Development Corporation and its successors and assigns. (ppp) "Lenders' Share of Residual Receipts" means fifty percent (50%) of Residual Receipts. (qqq) "Loan Documents" means this Agreement, the Notes, the Regulatory Agreements, the Intercreditor Agreement, and the Deed of Trust. (rrr) "Locally-Assisted Units" has the meaning set forth in Paragraph H of the Recitals. (sss) "MHP Loan" has the meaning set forth in Section 1.1(l)(iii). (ttt) "Modification Agreement" has the meaning set forth in Paragraph E of the Recitals. (uuu) "Neighbor Works Loan" has the meaning set forth in Section 1.1(l)(vi). (vvv) "NEPA" has the meaning set forth in Paragraph J of the Recitals. July 12, 2016 Contra Costa County Board of Supervisors 1382 11 863\99\1888761.5 (www) "Net Proceeds of Permanent Financing" means the amount by which Permanent Financing exceeds the Final Development Costs. (xxx) "New City Loan" means the not to exceed One Million Three Hundred Thousand Dollar ($1,300,000) loan from the City to the Borrower, with an expected disbursement of One Million Two Hundred Eighty-Six Thousand Three Hundred Twelve Dollars ($1,286,312), pursuant to a Second Amended and Restated Loan Agreement by and among Borrower, the Seller, and the City dated July 15, 2016. (yyy) "New HOME Loan" has the meaning set forth in Paragraph F of the Recitals. (zzz) "New Loan" has the meaning set forth in Paragraph F of the Recitals. (aaaa) "New Loan Note" means the promissory note of even date herewith that evidences Borrower's obligation to repay the New Loan. (bbbb) "Notes" mean the Adjusted Original HOME Loan Note and New Loan Note. (cccc) "Operating Reserve Account" has the meaning set forth in Section 4.2(b). (dddd) "Original City Loan" means the Two Million Four Hundred Thirty-Four Thousand Two Hundred Dollar ($2,434,200) loan from the City to the Seller as assigned to and assumed by Borrower, and restructured and so that the new principal amount of the Original City Loan is Three Million Four Hundred Sixty-Nine Thousand Ninety-One Dollars ($3,469,091) Dollars. (eeee) "Original HOME Loan" has the meaning set forth in Paragraph E of the Recitals. (ffff) "Partnership Agreement" means the Amended and Restated Agreement of Limited Partnership dated July___, 2016, as may be amended from time to time, that governs the operation and organization of Borrower as a California limited partnership. (gggg) "Partnership/Asset Fee" means: (i) partnership management fees (including any asset management fees) payable pursuant to the Partnership Agreement to any partner or affiliate of Borrower or any affiliate of a partner of Borrower, if any, during the Fifteen Year Compliance Period; and (ii) after the later of expiration of the Fifteen Year Compliance Period or when the Investor Limited Partner ceases to be a partner in Borrower, asset management fees payable to Borrower, in the amounts approved by the County as set forth in Section 3.18. (hhhh) "Permanent Conversion" means the date the Bank Loan converts to the Permanent Loan. July 12, 2016 Contra Costa County Board of Supervisors 1383 12 863\99\1888761.5 (iiii) "Permanent Financing" means the sum of the following amounts: (i) the Permanent Loan; (ii) Adjusted Original HOME Loan; (iii) the Adjusted New HOME Loan; (iv) the Adjusted HOPWA Loan; (v) the Adjusted New City Loan; (vi) the Original City Loan; (vii) the Adjusted MHP Loan; (viii) the Bank Subordinate Loan; (ix) the Tax Credit Investor Equity; (x) the GP Capital Contribution, (xi) the Eden Loan; and (xii) the Neighbor Works Loan. (jjjj) "Permanent Loan" has the meaning set forth in Section 1.1(k)(ii). (kkkk) "Persons with HIV/AIDS" has the meaning set forth in the County Regulatory Agreement. (llll) "Property" has the meaning set forth in Paragraph D of the Recitals. (mmmm) "Regulatory Agreements" means the County Regulatory Agreement and the HOME/HOPWA Regulatory Agreement. (nnnn) "Rehabilitation Standards" mean the Minimum Multi-Family Housing Rehabilitation Standards dated March 2015 and prepared by the County. (oooo) "Rental Shortfall Due Date" has the meaning set forth in Section 2.8(c). (pppp) "Rental Shortfall Payment" has the meaning set forth in Section 2.8(c). (qqqq) "Replacement Reserve Account" has the meaning set forth in Section 4.2(a). (rrrr) "Residual Receipts" means for each calendar year, the amount by which Gross Revenue exceeds Annual Operating Expenses. (ssss) "Retention Amount" means Ten Thousand Dollars ($10,000) of the New HOME Loan, the disbursement of which is described in Section 2.7. (tttt) "Seller" has the meaning set forth in Paragraph D of the Recitals. (uuuu) "Seller Loan" has the meaning set forth in Section 1.1(k)(iv). (vvvv) "Senior Loan" has the meaning set forth in Section 2.5. (wwww) "Special City Loan Payment" has the meaning in Section 3(b) of the Intercreditor Agreement. (xxxx) "Special County Loan Payment" has the meaning in Section 2.8(b). (yyyy) "Statement of Residual Receipts" means an itemized statement of Residual Receipts. July 12, 2016 Contra Costa County Board of Supervisors 1384 13 863\99\1888761.5 (zzzz) "Tax Credit Investor Equity" has the meaning set forth in Section 1.1(k)(vii). (aaaaa) "TCAC" means the California Tax Credit Allocation Committee. (bbbbb) "Tenant" means the tenant household that occupies a unit in the Development. (ccccc) "Term" means the period of time that commences on the date of this Agreement, and expires, unless sooner terminated in accordance with this Agreement, on the fifty-fifth (55th) anniversary of the Completion Date; provided, however, if a record of the Completion Date cannot be located or established, the Term will expire on the fifty-seventh (57th) anniversary of this Agreement. (ddddd) "Transfer" has the meaning set forth in Section 4.13 below. Section 1.2 Exhibits The following exhibits are attached to this Agreement and incorporated into this Agreement by this reference: Exhibit A: Legal Description of the Property Exhibit B: Approved Development Budget Exhibit C: NEPA Mitigation Requirements ARTICLE 2 LOAN PROVISIONS Section 2.1 Loan. Upon satisfaction of the conditions set forth in Section 2.6 and Section 2.7 of this Agreement, the County shall lend to Borrower the Combined County Loan for the purposes set forth in Section 2.3 of this Agreement. Borrower's obligation to repay the Combined County Loan is evidenced by the Notes. Section 2.2 Interest. (a) Adjusted Original HOME Loan. Subject to the provisions of subsection (d) below, interest will accrue on the outstanding principal balance of the Adjusted Original HOME Loan at a rate of interest equal to 2.18%, compounding annually, commencing on the date of the Adjusted Original HOME Loan Note. It is the intent that the interest rate stated in this Section 2.2(a) is the Applicable Federal Rate applicable to long-term loans with annual compounding, as calculated in accordance with Internal Revenue Code Section 1274(d) as of the date of the Modification Agreement. (b) New HOME Loan. Subject to the provisions of subsection (d) below, simple interest will accrue on the outstanding principal balance of the New HOME Loan at a per annum rate of interest equal to three percent (3%), commencing on the date of July 12, 2016 Contra Costa County Board of Supervisors 1385 14 863\99\1888761.5 disbursement. (c) HOPWA Loan. Subject to the provisions of subsection (d) below, no interest will accrue on the outstanding principal balance of the HOPWA Loan. (d) Default Interest. Upon the occurrence of an Event of a Default, interest on the outstanding principal balance of the Combined County Loan will begin to accrue, beginning on the date of such occurrence and continuing until the date the Combined County Loan is repaid in full or the Event of Default is cured, at the Default Rate. Section 2.3 Use of New Loan Funds. (a) New HOME Loan. Borrower shall use the New HOME Loan for construction costs, consistent with the Approved Development Budget. Use of the New HOME Loan for reimbursement of costs incurred prior to the date of this Agreement is subject to Section 92.206(d)(1) of the HOME Regulations. (b) HOPWA Loan. Borrower shall use the HOPWA Loan for soft costs, closing costs, and construction costs, consistent with the Approved Development Budget. (c) Borrower may not use the New Loan proceeds for any other purposes without the prior written consent of the County. Section 2.4 Security. In consideration of the Combined County Loan, Borrower shall (i) secure its obligation to repay the Combined County Loan, as evidenced by the Notes, by executing the Deed of Trust, and cause or permit it to be recorded as a lien against the Property, and (ii) execute the Regulatory Agreements, and the Intercreditor Agreement, and cause or permit them to be recorded against the Property. Section 2.5 Subordination. (a) Any agreement by the County to subordinate the Deed of Trust and/or Regulatory Agreements to an encumbrance securing and/or evidencing the Bank Loan, or any loan obtained by Borrower to refinance the Bank Loan (the "Senior Loan") will be subject to the satisfaction of each of the following conditions: (i) All of the proceeds of the Senior Loan, less any transaction costs, are used to provide acquisition, construction and/or permanent financing for the Development. (ii) The lender of the Senior Loan is a state or federally chartered financial institution, a nonprofit corporation or a public entity that is not affiliated with Borrower or any of Borrower's affiliates, other than as a depositor or a lender. (iii) Borrower demonstrates to the County's satisfaction that subordination of the Deed of Trust and the Regulatory Agreements is necessary to secure adequate acquisition, construction, and/or permanent financing to ensure the viability of the July 12, 2016 Contra Costa County Board of Supervisors 1386 15 863\99\1888761.5 Development, including the operation of the Development as affordable housing, as required by the Loan Documents. To satisfy this requirement, Borrower must provide to the County, in addition to any other information reasonably required by the County, evidence demonstrating that the proposed amount of the Senior Loan is necessary to provide adequate acquisition, construction, and/or permanent financing to ensure the viability of the Development, and adequate financing for the Development would not be available without the proposed subordination. (iv) The subordination agreement(s) is structured to minimize the risk that the Deed of Trust and the Regulatory Agreements will be extinguished as a result of a foreclosure by the Bank or other holder of the Senior Loan. To satisfy this requirement, the subordination agreement must provide the County with adequate rights to cure any defaults by Borrower, including: (1) providing the County or its successor with copies of any notices of default at the same time and in the same manner as provided to Borrower; and (2) providing the County with a cure period of at least sixty (60) days to cure any default. (v) The subordination(s) of the Combined County Loan is effective only during the original term of the Senior Loan and any extension of its term that is approved in writing by the County. (vi) The subordination does not limit the effect of the Deed of Trust and the Regulatory Agreements before a foreclosure, nor require the consent of the holder(s) of the Senior Loan prior to the County exercising any remedies available to the County under the Loan Documents. (b) Upon a determination by the County's Deputy Director – Department of Conservation and Development that the conditions in this Section have been satisfied, the Deputy Director – Department of Conservation and Development or his/her designee will be authorized to execute the approved subordination agreement without the necessity of any further action or approval. Section 2.6 Conditions Precedent to Disbursement of New Loan Funds for Construction. Until the conditions set forth in Section 2.7 have been met, the disbursements made pursuant to this Agreement may not exceed One Million Five Hundred Thousand Dollars ($1,500,000). The County is not obligated to disburse any portion of the New Loan, or to take any other action under the Loan Documents unless all of the following conditions have been and continue to be satisfied: (a) There exists no Event of Default nor any act, failure, omission or condition that would constitute an Event of Default under this Agreement; (b) Borrower holds title to the Property or is acquiring title to the Property simultaneously with the disbursement of the New Loan proceeds; (c) Borrower has delivered to the County a copy of a corporate resolution authorizing Borrower to obtain the Combined County Loan and all other Approved July 12, 2016 Contra Costa County Board of Supervisors 1387 16 863\99\1888761.5 Financing, and execute the Loan Documents; (d) There exists no material adverse change in the financial condition of Borrower from that shown by the financial statements and other data and information furnished by Borrower to the County prior to the date of this Agreement; (e) Borrower has furnished the County with evidence of the insurance coverage meeting the requirements of Section 4.14 below; (f) Borrower has executed and delivered to the County the Loan Documents and has caused all other documents, instruments, and policies required under the Loan Documents to be delivered to the County; (g) The Deed of Trust, the Regulatory Agreements, and the Intercreditor Agreement, have been recorded against the Property in the Office of the Recorder of the County of Contra Costa; (h) A title insurer reasonably acceptable to the County is unconditionally and irrevocably committed to issuing an LP-10 2006 ALTA Lender's Policy of title insurance insuring the priority of the Deed of Trust in the amount of the Combined County Loan, subject only to such exceptions and exclusions as may be reasonably acceptable to the County, and containing such endorsements as the County may reasonably require. The Borrower shall provide whatever documentation (including an indemnification agreement), deposits or surety is reasonably required by the title company in order for the County's Deed of Trust to be senior in lien priority to any mechanics liens in connection with any start of construction that has occurred prior to the recordation of the Deed of Trust against the Property in the Office of the Recorder of the County of Contra Costa; (i) All environmental review necessary for the rehabilitation of the Development has been completed, and Borrower has provided the County evidence of planned compliance with all NEPA and CEQA requirements and mitigation measures applicable to construction, and evidence of compliance with all NEPA and CEQA requirements and mitigation measures applicable to preconstruction; (j) The County has determined the undisbursed proceeds of the New Loan, together with other funds or firm commitments for funds that Borrower has obtained in connection with the rehabilitation of the Development, are not less than the amount the County determines is necessary to pay for the rehabilitation of the Development and to satisfy all of the covenants contained in this Agreement and the Regulatory Agreements; (k) Borrower has obtained all permits and approvals necessary for the rehabilitation of the Development; (l) The County has received and approved the Bid Package for the subcontractors for the rehabilitation of the Development pursuant to Section 3.2 below; (m) The County has received and approved the general contractor's construction contract that the Borrower has entered or proposed to enter for the rehabilitation July 12, 2016 Contra Costa County Board of Supervisors 1388 17 863\99\1888761.5 of the Development pursuant to Section 3.3 below; (n) The County has received and approved labor and material (payment) bonds and performance bonds as required pursuant to Section 3.4 below; (o) Borrower has closed the loans and the equity financings that comprise the Approved Financing described in Section 1.1(l) (except subsections (v) and (vii)) and has already received, or is eligible to receive, the funds; (p) The County has received a fully executed copy of the Partnership Agreement, in which the Investor Limited Partner is obligated to provide Borrower the Tax Credit Investor Equity; (q) The County has received reasonable evidence that the local match requirements set forth in 24 C.F.R. Section 92.218 et seq., have been satisfied pursuant to Section 4.1 of this Agreement; and (r) The County has received a written draw request from Borrower, including: (i) certification that the condition set forth in Section 2.6(a) continues to be satisfied; (ii) certification that the proposed uses of funds is consistent with the Approved Development Budget; (iii) the amount of funds needed; and, (iv) where applicable, a copy of the bill or invoice covering a cost incurred or to be incurred. When a disbursement is requested to pay any contractor in connection with improvements on the Property, the written request must be accompanied by: (1) certification by the Borrower's architect reasonably acceptable to the County that the work for which disbursement is requested has been completed (although the County reserves the right to inspect the Property and make an independent evaluation); and (2) lien releases and/or mechanics lien title insurance endorsements reasonably acceptable to the County. Section 2.7 Conditions Precedent to Disbursement of Retention. The County is not obligated to disburse the Retention Amount unless the following conditions precedent are satisfied: (a) The County has received a completion report from Borrower setting forth: (i) the income, household size, race, and ethnicity of Tenants of the County Assisted Units; (ii) and the unit address, unit size, rent amount and utility allowance for all County Assisted Units; (b) The County has received a Final Cost Certification for the Development from Borrower showing all uses and sources; (c) The County has received from Borrower copies of the certificate of occupancy or equivalent final permit sign-offs for the Development; (d) The County has received from Borrower current evidence of the insurance coverage meeting the requirements of Section 4.14 below; July 12, 2016 Contra Costa County Board of Supervisors 1389 18 863\99\1888761.5 (e) The County has received from Borrower a form of Tenant lease; (f) The County has received from Borrower a Marketing Plan, Tenant Selection Plan, and Social Services Plan as defined in the HOME/HOPWA Regulatory Agreement; (g) The County has received from Borrower evidence of marketing for any vacant County Assisted Unit in the Development such as copies of flyers, list of media ads, list of agencies and organizations receiving information on availability of such units, as applicable; (h) The County has received from Borrower all relevant contract activity information, including compliance with Section 3 requirements as set forth in Section 4.7(b)(xii) of the HOME/HOPWA Regulatory Agreement, and MBE/WBE requirements; (i) If Borrower was required to comply with relocation requirements as set forth in Section 4.7(b)(vi) of the HOME/HOPWA Regulatory Agreement, the County has received from Borrower evidence of compliance with all applicable relocation requirements; (j) The County has received from Borrower a copy of the management agreement and contact information for the property manager of the Development and the name and phone number of the on-site property manager; (k) If Borrower is required to pay prevailing wages under the Davis-Bacon Act (40 U.S.C. 3141-3148), the County has received confirmation that Borrower has submitted all certified payrolls to the County, and any identified payment issues have been resolved, or Borrower is working diligently to resolve any such issues; (l) The County has received from Borrower evidence of compliance with all NEPA mitigation requirements as set forth in Exhibit C; and (m) The County has received a written draw request from Borrower, including certification that the condition set forth in Section 2.6(a) continues to be satisfied, and setting forth the proposed uses of funds consistent with the Approved Development Budget, and, where applicable, a copy of the bill or invoice covering a cost incurred or to be incurred. Borrower shall apply the disbursement for the purpose(s) requested. Section 2.8 Repayment Schedule. (a) Annual Payments of Combined County Loan. Commencing on June 1, 2017 and on June 1 of each year thereafter during the Term, Borrower shall make a Combined County Loan payment in an amount equal to the sum of (1) the County Loan Prorata Percentage of the Lenders' Share of Residual Receipts and (2) the County Additional Prorata Share multiplied by Borrower's Shared Portion of Residual Receipts (each such payment, an "Annual Payment"). The County shall apply all Annual Payments first, to accrued interest; and second, to principal. July 12, 2016 Contra Costa County Board of Supervisors 1390 19 863\99\1888761.5 (b) Special Repayments of New HOME Loan from Net Proceeds of Permanent Financing. To the extent consistent with the regulations applicable to the MHP Loan, no later than ten (10) days after the date Borrower receives its final capital contribution from the Investor Limited Partner, Borrower shall pay to the County as a special repayment of the New HOME Loan, an amount equal to the result obtained by multiplying the County Additional Prorata Share by the Available Net Proceeds (the "Special County Loan Payment"). No later than one hundred eighty (180) days following completion of rehabilitation of the Development, Borrower shall submit to the County for its review a preliminary calculation of the Net Proceeds of Permanent Financing and a draft of the Final Cost Certification as defined Section 4.3 below. The County shall approve or disapprove Borrower's determination of the amount of the Net Proceeds of Permanent Financing in writing within thirty (30) days after receipt. The County shall only disapprove Borrower's determination of the amount of the Net Proceeds of Permanent Financing if such calculation does not comply with the terms of this Agreement. If Borrower's determination is disapproved by the County, Borrower shall re-submit documentation to the County until the County approval is obtained. (c) Special Repayment of New HOME Loan for Failure to Lease. If on or before the Rental Shortfall Due Date, Borrower fails to cause each of the HOME-Assisted Units to be rented to and occupied by an Eligible Household in accordance with Section 2.1(b) of the HOME/HOPWA Regulatory Agreement, Borrower shall pay the County the Rental Shortfall Payment, plus accrued interest, on the Rental Shortfall Due Date. (i) The "Rental Shortfall Due Date" is the date that occurs eighteen (18) months after the Completion Date. (ii) The "Rental Shortfall Payment" is an amount equal to the result obtained by multiplying (1) the number of HOME-Assisted Units that have not been rented to and occupied by an Eligible Household on or before the Rental Shortfall Due Date, by (2) a fraction, the numerator of which is the then-outstanding principal balance on the New HOME Loan and the denominator of which is the number of HOME-Assisted Units. (iii) Interest on the Rental Shortfall Payment will accrue in accordance with Section 2.2(b) through the Rental Shortfall Due Date. If the Rental Shortfall Payment is not paid on or before the Rental Shortfall Due Date, interest on the Rental Shortfall Payment will accrue at the Default Rate beginning on the day after the Rental Shortfall Due Date and continuing until the Rental Shortfall Payment is paid in full with interest. (d) Payment in Full of Combined County Loan. Borrower shall pay all outstanding principal and accrued interest on the Combined County Loan, in full, on the earliest to occur of: (i) any Transfer other than as permitted pursuant to Section 4.13; (ii) an Event of Default; and (iii) the expiration of the Term. (e) Prepayment. Borrower may prepay the Combined County Loan at any time without premium or penalty. However, the Regulatory Agreements and the Deed of Trust will remain in effect for the entire Term, regardless of any prepayment or Transfer. July 12, 2016 Contra Costa County Board of Supervisors 1391 20 863\99\1888761.5 Section 2.9 Reports and Accounting of Residual Receipts. (a) Borrower shall keep and maintain at the principal place of business of the Borrower set forth in Section 7.9 below, or elsewhere with the County's written consent, full, complete and appropriate books, records and accounts necessary or prudent to evidence and substantiate in full detail Borrower's calculation of Residual Receipts and disbursements of Residual Receipts. (b) In connection with the Annual Payment, Borrower shall furnish to the County: (i)The Statement of Residual Receipts for the relevant period. The first Statement of Residual Receipts will cover the period that begins on January 1, 2016 and ends on December 31st of that same year. Subsequent statements of Residual Receipts will cover the twelve-month period that ends on December 31 of each year; (ii)A statement from the independent public accountant that audited the Borrower's financial records for the relevant period, which statement must confirm that Borrower's calculation of the Lenders' Share of Residual Receipts and Borrower's Shared Portion of Residual Receipts is accurate based on Gross Revenue and Annual Operating Expenses; and (iii)Any additional documentation reasonably required by the County to substantiate Borrower's calculation of Lenders' Share of Residual Receipts and Borrower's Shared Portion of Residual Receipts. (c) The receipt by the County of any statement pursuant to subsection (b) above or any payment by Borrower or acceptance by the County of any Combined County Loan repayment for any period does not bind the County as to the correctness of such statement or payment. The County may audit the Residual Receipts and all books, records, and accounts pertaining thereto pursuant to Section 4.6 below. Section 2.10 Non-Recourse. Except as provided below, neither Borrower, nor any partner of Borrower, has any direct or indirect personal liability for payment of the principal of, and interest on, the Combined County Loan. Following recordation of the Deed of Trust, the sole recourse of the County with respect to the principal of, or interest on, the Notes will be to the property described in the Deed of Trust; provided, however, that nothing contained in the foregoing limitation of liability limits or impairs the enforcement of all the rights and remedies of the County against all such security for the Notes, or impairs the right of County to assert the unpaid principal amount of the Notes as demand for money within the meaning and intendment of Section 431.70 of the California Code of Civil Procedure or any successor provision thereto. The foregoing limitation of liability is intended to apply only to the obligation to repay the principal and interest on the Notes. Except as hereafter set forth, nothing contained herein is intended to relieve Borrower of its obligation to indemnify the County under the Loan Documents including but not limited to Sections 3.8, 3.9, 4.7, and 7.4 of this Agreement and Sections 2.1(d) and 4.7(b)(vi) of the HOME/HOPWA Regulatory Agreement, or liability for: (i) loss or damage of any kind resulting from waste, July 12, 2016 Contra Costa County Board of Supervisors 1392 21 863\99\1888761.5 fraud or willful misrepresentation; (ii) the failure to pay taxes, assessments or other charges which may create liens on the Property that are payable or applicable prior to any foreclosure under the Deed of Trust (to the full extent of such taxes, assessments or other charges); (iii) the fair market value of any personal property or fixtures removed or disposed of by Borrower other than in accordance with the Deed of Trust; and (iv) the misappropriation of any proceeds under any insurance policies or awards resulting from condemnation or the exercise of the power of eminent domain or by reason of damage, loss or destruction to any portion of the Property. ARTICLE 3 REHABILITATION OF THE DEVELOPMENT Section 3.1 Permits and Approvals. Borrower shall obtain all permits and approvals necessary for the rehabilitation of the Development no later than July 15, 2016, or such later date that the County approves in writing. Section 3.2 Bid Package. Not later than thirty (30) days prior to Borrower's proposed date for advertising the Bid Package, Borrower shall submit to the County a copy of Borrower's general contractor's proposed Bid Package. The County's Deputy Director, Department of Conservation and Development, or his or her designee, shall approve or disapprove the Bid Package within fifteen (15) days after receipt of the Bid Package by the County. If the County rejects the proposed Bid Package the reasons therefore must be given to Borrower. The Borrower will then have fifteen (15) days to revise the proposed Bid Package and resubmit it to the County. The County will then have fifteen (15) days to review and approve Borrower's new or corrected Bid Package. The provisions of this Section will continue to apply until a proposed Bid Package has been approved by the County. Borrower may not publish a proposed Bid Package until it has been approved by the County. Section 3.3 Construction Contract. (a) Not later than fifteen (15) days prior to the proposed Commencement of Construction, Borrower shall submit to the County for its approval a draft of the proposed construction contract for the Development. All construction work and professional services are to be performed by persons or entities licensed or otherwise authorized to perform the applicable construction work or service in the State of California. Each contract that Borrower enters for rehabilitation of the Development is to provide that at least ten percent (10%) of the costs incurred will be payable only upon completion of the rehabilitation, subject to early release of retention for specified subcontractors upon approval by the County. The construction contract will include all applicable HOME and HOPWA requirements set forth in Section 4.7 of the HOME/HOPWA Regulatory Agreement. The County's approval of the construction contract may not be deemed to constitute approval of or concurrence with any term or condition of the construction contract except as such term or condition may be required by this Agreement. (b) Upon receipt by the County of the proposed construction contract, the County shall promptly review same and approve or disapprove it within ten (10) days. If the July 12, 2016 Contra Costa County Board of Supervisors 1393 22 863\99\1888761.5 construction contract is not approved by the County, the County shall set forth in writing and notify Borrower of the County's reasons for withholding such approval. Borrower shall thereafter submit a revised construction contract for County approval, which approval is to be granted or denied in ten (10) days in accordance with the procedures set forth above. Any construction contract executed by Borrower for the Development is to be in the form approved by the County. Section 3.4 Construction Bonds. Not later than thirty (30) days prior to the proposed Commencement of Construction Borrower shall deliver to the County copies of labor and material bonds and performance bonds for the rehabilitation of the Development in an amount equal to one hundred percent (100%) of the scheduled cost of the rehabilitation of the Development. Such bonds must name the County as a co-obligee. Section 3.5 Commencement of Construction. Borrower shall cause the Commencement of Construction of the Development to occur no later than August 1, 2016, or such later date that the County approves in writing, but in no event later than 1 year from date of this Agreement. For the purposes of this Agreement, "Commencement of Construction" means the date set for the start of rehabilitation of the Development in the notice to proceed issued by Borrower to Borrower's general contractor. Section 3.6 Completion of Construction. Borrower shall diligently prosecute rehabilitation of the Development to completion, and shall cause the rehabilitation of the Development to be completed no later than December 1, 2017, or such later date that the County approves in writing. Section 3.7 Changes; Construction Pursuant to Plans and Laws. (a) Changes. Borrower shall rehabilitate the Development in conformance with (i) the plans and specifications approved by the City's Building Inspection Department, and (ii) the Approved Development Budget. Borrower shall notify the County in a timely manner of any changes in the work required to be performed under this Agreement, including any additions, changes, or deletions to the plans and specifications approved by the City. Written authorization from the County must be obtained before any of the following changes, additions, or deletions in work for the Development may be performed: (i) any change in the work the cost of which exceeds Fifty Thousand Dollars ($50,000); or (ii) any set of changes in the work the cost of which cumulatively exceeds One Hundred Thousand Dollars ($100,000) or ten percent (10%) of the Combined County Loan amount, whichever is less; or (iii) any material change in building materials or equipment, specifications, or the structural or architectural design or appearance of the Development as provided for in the plans and specifications approved by the County. The County's consent to any additions, changes, or deletions to the work does not relieve or release Borrower from any other obligations under this Agreement, or relieve or release Borrower or its surety from any surety bond. (b) Compliance with Laws. Borrower shall cause all work performed in July 12, 2016 Contra Costa County Board of Supervisors 1394 23 863\99\1888761.5 connection with the Development to be performed in compliance with: (i) all applicable laws, codes (including building codes and codes applicable to mitigation of disasters such as earthquakes), ordinances, rules and regulations of federal, state, county or municipal governments or agencies now in force or that may be enacted hereafter; (ii) the HOME Regulations including the property standards set out in 24 C.F.R. 92.251, and the property standards set out in 24 C.F.R. Section 574.310; (iii) the requirement of the Lead-Based Paint Poisoning Prevention Act, as amended (42 U.S.C. 4821 et seq.), the Residential Lead-Based Paint Hazard Reduction Act (42 U.S.C. 4851 et seq.), and implementing regulations at 24 C.F.R. Part 35; (iv) the Rehabilitation Standards provided by the County; and (v) all directions, rules and regulations of any fire marshal, health officer, building inspector, or other officer of every governmental agency now having or hereafter acquiring jurisdiction. Borrower may permit the work to proceed only after procurement of each permit, license, or other authorization that may be required by any governmental agency having jurisdiction, and Borrower is responsible to the County for the procurement and maintenance thereof. Section 3.8 Prevailing Wages. (a) Davis Bacon. Borrower shall cause rehabilitation of the Development to be in compliance with the prevailing wage requirements of the federal Davis-Bacon Act (40 U.S.C. 3141-3148). Borrower shall indemnify, hold harmless and defend (with counsel reasonably acceptable to the County) the County against any claim for damages, compensation, fines, penalties or other amounts arising out of the failure or alleged failure of any person or entity (including the Borrower, its contractor and subcontractors) to pay prevailing wages as determined pursuant to the prevailing wage provisions of the federal Davis-Bacon Act and implementing rules and regulations in connection with the rehabilitation of the Development or any other work undertaken or in connection with the Property. The requirements in this subsection survive the repayment of the Combined County Loan, and the reconveyance of the Deed of Trust. (b) State Prevailing Wages. (i) To the extent required by applicable law Borrower shall: (1) pay, and shall cause any consultants or contractors to pay, prevailing wages in the rehabilitation of the Development as those wages are determined pursuant to California Labor Code Section 1720 et seq.; (2) cause any consultants or contractors to employ apprentices as required by California Labor Code Section 1777.5 et seq., and the implementing regulations of the Department of Industrial Relations (the "DIR"), and to July 12, 2016 Contra Costa County Board of Supervisors 1395 24 863\99\1888761.5 comply with the other applicable provisions of California Labor Code Sections 1720 et seq., 1777.5 et seq., and implementing regulations of the DIR; (3) keep and retain, and shall cause any consultants and contractors to keep and retain, such records as are necessary to determine if such prevailing wages have been paid as required pursuant to California Labor Code Section 1720 et seq., and apprentices have been employed are required by California Labor Code Section 1777.5 et seq.; (4) post at the Property, or shall cause the contractor to post at the Property, the applicable prevailing rates of per diem wages. Copies of the currently applicable current per diem prevailing wages are available from DIR; (5) cause contractors and subcontractors rehabilitating the Development to be registered as set forth in California Labor Code Section 1725.5; (6) cause its contractors and subcontractors, in all calls for bids, bidding materials and the construction contract documents for the rehabilitation of the Development to specify that: (A) no contractor or subcontractor may be listed on a bid proposal nor be awarded a contract for the rehabilitation of the Development unless registered with the DIR pursuant to California Labor Code Section 1725.5; and (B) the rehabilitation of the Development is subject to compliance monitoring and enforcement by the DIR. (7) provide the County all information required by California Labor Code Section 1773.3 as set forth in the DIR's online form PWC-100 within 2 days of the award of any contract (https://www.dir.ca.gov/pwc100ext/); (8) cause its contractors to post job site notices, as prescribed by regulation by the DIR; and (9) cause its contractors to furnish payroll records required by California Labor Code Section 1776 directly to the Labor Commissioner, at least monthly in the electronic format prescribed by the Labor Commissioner. (ii) Borrower shall indemnify, hold harmless and defend (with counsel reasonably acceptable to the County) the County against any claim for damages, compensation, fines, penalties or other amounts arising out of the failure or alleged failure of any person or entity (including Borrower, its contractor and subcontractors) to pay prevailing wages as determined pursuant to California Labor Code Section 1720 et seq., to employ apprentices pursuant to California Labor Code Section 1777.5 et seq., to meet the conditions of California Labor Code Section 1771.4, and implementing regulations of the DIR, or to comply with the other applicable provisions of California Labor Code Sections 1720 et seq., 1777.5 et seq., and 1771.4, and the implementing regulations of the DIR, in connection with the rehabilitation of the Development or any other work undertaken or in connection with the Property. The July 12, 2016 Contra Costa County Board of Supervisors 1396 25 863\99\1888761.5 requirements in this Section survive the repayment of the Combined County Loan, and the reconveyance of the Deed of Trust. Section 3.9 Accessibility. (a) Borrower shall rehabilitate the Development in compliance with all applicable federal and state disabled persons accessibility requirements including but not limited to the Federal Fair Housing Act; Section 504 of the Rehabilitation Act of 1973 ("Section 504"); Title II and/or Title III of the Americans with Disabilities Act; and Title 24 of the California Code of Regulations (collectively, the "Accessibility Requirements"). In compliance with Section 504, if the rehabilitation is substantial as defined in 24 C.F.R. 8.23(a), a minimum of five (5) Units of all Units must be rehabilitated to be fully accessible to households with a mobility impaired member and an additional two (2) Units of all Units must be rehabilitated to be fully accessible to hearing and/or visually impaired persons. Non- substantial alterations must comply with 24 C.F.R. 8.23(b). In compliance with Section 504 Borrower shall provide the County with a certification from the Development architect that to the best of the architect's knowledge, the Development complies with all federal and state accessibility requirements applicable to the Development. (b) Borrower's scope of work for the rehabilitation of the Development must include a plan for reconfiguring pedestrian access to the exterior courtyard of the part of the Development located at 1121 Virginia Lane in accordance with the Accessibility Requirements. If, however, Borrower determines that such work will be an undue financial or administrative burden for the Development, Borrower shall consult with the County to determine a mutually acceptable alternate approach. (c) Borrower shall indemnify, hold harmless and defend (with counsel reasonably acceptable to the County) the County against any claim for damages, compensation, fines, penalties or other amounts arising out of the failure or alleged failure of any person or entity (including Borrower, its architect, contractor and subcontractors) to rehabilitate the Development in accordance with the Accessibility Requirements. The requirements in this Subsection survive repayment of the Combined County Loan and the reconveyance of the Deed of Trust. Section 3.10 Equal Opportunity. During the rehabilitation of the Development discrimination on the basis of race, color, creed, religion, age, sex, sexual orientation, marital status, national origin, ancestry, or disability in the hiring, firing, promoting, or demoting of any person engaged in the construction work is not allowed. Section 3.11 Minority and Women-Owned Contractors. Borrower shall use its best efforts to afford minority-owned and women-owned business enterprises the maximum practicable opportunity to participate in the rehabilitation of the Development. Borrower shall, at a minimum, notify applicable minority-owned and women- owned business firms located in Contra Costa County of bid opportunities for the rehabilitation of the Development. A listing of minority owned and women owned businesses located in the July 12, 2016 Contra Costa County Board of Supervisors 1397 26 863\99\1888761.5 County and neighboring counties is available from the County. Documentation of such notifications must be maintained by Borrower and available to the County upon request. Section 3.12 Progress Reports. Until such time as Borrower has received a certificate of occupancy (or functional equivalent) from the City for the Development, Borrower shall provide the County with quarterly progress reports regarding the status of the rehabilitation of the Development, including a certification that the actual construction costs to date conform to the Approved Development Budget, as it may be amended from time to time pursuant to Section 3.16 below. Section 3.13 Construction Responsibilities. (a) Borrower is responsible for the coordination and scheduling of the work to be performed so that commencement and completion of the rehabilitation of the Development takes place in accordance with this Agreement. (b) Borrower is solely responsible for all aspects of Borrower's conduct in connection with the Development, including (but not limited to) the quality and suitability of the plans and specifications, the supervision of construction work, and the qualifications, financial condition, and performance of all architects, engineers, contractors, subcontractors, suppliers, consultants, and property managers. Any review or inspection undertaken by the County with reference to the Development is solely for the purpose of determining whether Borrower is properly discharging its obligations to the County, and may not be relied upon by Borrower or by any third parties as a warranty or representation by the County as to the quality of the design or rehabilitation of the Development. Section 3.14 Mechanics Liens, Stop Notices, and Notices of Completion. (a) If any claim of lien is filed against the Property or a stop notice affecting the Combined County Loan is served on the County or any other lender or other third party in connection with the Development, then Borrower shall, within twenty (20) days after such filing or service, either pay and fully discharge the lien or stop notice, effect the release of such lien or stop notice by delivering to the County a surety bond in sufficient form and amount, or provide the County with other assurance satisfactory to the County that the claim of lien or stop notice will be paid or discharged. (b) If Borrower fails to discharge any lien, encumbrance, charge, or claim in the manner required in this Section, then in addition to any other right or remedy, the County may (but is under no obligation to) discharge such lien, encumbrance, charge, or claim at Borrower's expense. Alternately, the County may require Borrower to immediately deposit with the County the amount necessary to satisfy such lien or claim and any costs, pending resolution thereof. The County may use such deposit to satisfy any claim or lien that is adversely determined against Borrower. (c) Borrower shall file a valid notice of cessation or notice of completion upon cessation of construction work on the Development for a continuous period of thirty (30) days or more, and take all other steps necessary to forestall the assertion of claims of July 12, 2016 Contra Costa County Board of Supervisors 1398 27 863\99\1888761.5 lien against the Property. Borrower authorizes the County, but the County has no obligation, to record any notices of completion or cessation of labor, or any other notice that the County deems necessary or desirable to protect its interest in the Development and Property. Section 3.15 Inspections. (a) Borrower shall permit and facilitate, and shall require its contractors to permit and facilitate, observation and inspection at the Development by the County and by public authorities during reasonable business hours during the Term, for the purposes of determining compliance with this Agreement. (b) The County will perform inspections both during and upon completion of construction of the Development to determine if the Development is being constructed in accordance with the HOME Regulations, including the property standards set forth in 24 C.F.R. 92.251, and the Rehabilitation Standards. Borrower shall give the County notice when the rehabilitation of the Development is complete. If the County determines the Development is not being constructed in accordance with the HOME Regulations and the Rehabilitation Standards, the County will provide Borrower with a written report of the deficiencies. Borrower shall correct such deficiencies within the timeframe set forth in the notice provided to Borrower by the County. The Development may not be occupied until such deficiencies have been corrected to the satisfaction of the County. Section 3.16 Approved Development Budget; Revisions to Budget. As of the date of this Agreement, the County has approved the Approved Development Budget set forth in Exhibit B. Borrower shall submit any required amendments to the Approved Development Budget to the County for approval within five (5) days after the date Borrower receives information indicating that actual costs of the Development vary or will vary from the costs shown on the Approved Development Budget. Written consent of the County will be required to amend the Approved Development Budget. Section 3.17 Developer Fee. The maximum cumulative Developer Fee that may be paid to any entity or entities providing development services to the Development, whether paid up-front or on a deferred basis, is not to exceed the amount allowed by TCAC and as approved by the County. For the purposes of this Agreement "Developer Fee" has the meaning set forth in California Code of Regulations, Title 4, Section 10302(l). The total of Developer Fee paid, whether paid up-front or on a deferred basis out of Annual Operating Expenses, is not to exceed One Million Five Hundred Thousand Dollars ($1,500,000). Section 3.18 Partnership/Asset Fee. During the Fifteen Year Compliance Period, the Partnership/Asset Fee is not to exceed Thirty-Two Thousand Dollars ($32,000) per year. After the expiration of the Fifteen Year Compliance Period, the Partnership/Asset Fee is not to exceed Twenty-Five Thousand Dollars ($25,000) per year. July 12, 2016 Contra Costa County Board of Supervisors 1399 28 863\99\1888761.5 Section 3.19 NEPA Mitigation Requirements. Borrower shall comply with the NEPA mitigation requirements set forth in the attached Exhibit C in the rehabilitation of the Development. ARTICLE 4 LOAN REQUIREMENTS Section 4.1 Match Requirement. The Borrower shall ensure that the New HOME Loan is matched with a minimum of One Hundred Twenty-Five Thousand Dollars ($125,000) in other, non-federal sources, pursuant to and eligible under applicable HOME regulations. Section 4.2 Reserve Accounts. (a) Replacement Reserve Account. Borrower shall establish and maintain an account that is available for capital expenditures for repairs and replacement necessary to maintain the Development in the condition required by the Loan Documents (the "Replacement Reserve Account"). Borrower shall make annual deposits to the Replacement Reserve Account and replenish the Replacement Reserve Account in the amounts required in the Partnership Agreement and/or the documents evidencing the Bank Loan, whichever is greater. In no event shall the annual amount deposited in the Replacement Reserve Account exceed Six Hundred Dollars ($600) per unit, increasing by the applicable consumer price index every five (5) years, or such greater amount required in connection with the Partnership Agreement or any permanent financing, and approved by the County. (b) Operating Reserve Account. Borrower shall establish and maintain an account that is available to fund operating deficits (which is the amount by which Annual Operating Expenses exceed Gross Revenue for any period) (the "Operating Reserve Account"). Borrower shall capitalize the Operating Reserve Account in the amount required by TCAC (currently three months of Annual Operating Expenses); provided, however that if the Partnership Agreement or the documents evidencing the Bank Loan require the Operating Reserve Account to be capitalized and replenished in an amount greater than the TCAC requirement, Borrower shall capitalize and replenish the Operating Reserve Account as required by the Partnership Agreement or the documents evidencing the Bank Loan, as applicable, for as long as the Partnership Agreement or the Bank Loan, as applicable, is outstanding. In no event may the amount held in the Operating Reserve Account exceed six (6) months gross rent from the Development (as such rent may vary from time to time). Section 4.3 Financial Accountings and Post-Completion Audits. (a) No later than ninety (90) days following completion of rehabilitation of the Development, Borrower shall provide to the County for its review and approval a financial accounting of all sources and uses of funds for the Development. (b) No later than one hundred twenty (120) days after Permanent Conversion, Borrower shall submit an audited financial report showing the sources and uses of all funds utilized for the Development. This requirement may be satisfied by providing the Final Cost July 12, 2016 Contra Costa County Board of Supervisors 1400 29 863\99\1888761.5 Certification to the County. "Final Cost Certification" means the Final Cost Certification Sources and Uses of Funds prepared by Borrower for the Development that: (i) Borrower submits to TCAC; and (ii) has been prepared using generally accepted accounting standards in effect in the United States of America from time to time, consistently applied. Section 4.4 Approval of Annual Operating Budget. At the beginning of each year of the Term, Borrower shall provide to the County an annual budget for the operation of the Development. The County may request additional information to assist the County in evaluating the financial viability of the Development. Unless rejected by the County in writing within thirty (30) days after receipt of the budget, the budget will be deemed accepted. If rejected by the County in whole or in part, Borrower shall submit a new or corrected budget within thirty (30) calendar days after notification of the County's rejection and the reasons therefor. The provisions of this Section relating to time periods for resubmission of new or corrected budgets will continue to apply until such budget has been approved by the County. Section 4.5 Information. Borrower shall provide any information reasonably requested by the County in connection with the Development, including (but not limited to) any information required by HUD in connection with Borrower's use of the Combined County Loan funds. Section 4.6 County Audits. (a) Each year, Borrower shall provide the County with a copy of Borrower's annual audit, which is to include information on all of Borrower's activities and not just those pertaining to the Development. (b) In addition, the County may, at any time, audit all of Borrower's books, records, and accounts pertaining to the Development including but not limited to the Residual Receipts of the Development. Any such audit is to be conducted during normal business hours at the principal place of business of Borrower and wherever records are kept. Immediately after the completion of an audit, the County shall deliver a copy of the results of the audit to Borrower. (c) If it is determined as a result of an audit that there has been a deficiency in a loan repayment to the County then such deficiency will become immediately due and payable, with interest at the Default Rate from the date the deficient amount should have been paid. In addition, if the audit determines that Residual Receipts have been understated for any year by the greater of: (i) Two Thousand Five Hundred Dollars ($2,500); and (ii) an amount that exceeds five percent (5%) of the Residual Receipts, then, in addition to paying the deficiency with interest, Borrower shall pay all of the County's costs and expenses connected with the audit and review of Borrower's accounts and records. Section 4.7 Hazardous Materials. (a) Borrower shall keep and maintain the Property (including but not limited July 12, 2016 Contra Costa County Board of Supervisors 1401 30 863\99\1888761.5 to, soil and ground water conditions) in compliance with all Hazardous Materials Laws and may not cause or permit the Property to be in violation of any Hazardous Materials Law. Borrower may not cause or permit the use, generation, manufacture, storage or disposal of on, under, or about the Property or transportation to or from the Property of any Hazardous Materials, except such of the foregoing as may be customarily used in construction of projects like the Development or kept and used in and about residential property of this type. (b) Borrower shall immediately advise the County in writing if at any time it receives written notice of any Hazardous Materials Claims, and Borrower's discovery of any occurrence or condition on any real property adjoining or in the vicinity of the Property that could cause the Property or any part thereof to be classified as "border-zone property" (as defined in California Health and Safety Code Section 25117.4) under the provision of California Health and Safety Code, Section 25220 et seq., or any regulation adopted in accordance therewith, or to be otherwise subject to any restrictions on the ownership, occupancy, transferability or use of the Property under any Hazardous Materials Law. (c) The County has the right to join and participate in, as a party if it so elects, and be represented by counsel acceptable to the County (or counsel of its own choice if a conflict exists with Borrower) in any legal proceedings or actions initiated in connection with any Hazardous Materials Claims and to have its reasonable attorneys' fees in connection therewith paid by Borrower. (d) Borrower shall indemnify and hold harmless the County and its board members, supervisors, directors, officers, employees, agents, successors and assigns from and against any loss, damage, cost, fine, penalty, judgment, award, settlement, expense or liability, directly or indirectly arising out of or attributable to: (i) any actual or alleged past or present violation of any Hazardous Materials Law; (ii) any Hazardous Materials Claim; (iii) any actual or alleged past or present use, generation, manufacture, storage, release, threatened release, discharge, disposal, transportation, or presence of Hazardous Materials on, under, or about the Property; (iv) any investigation, cleanup, remediation, removal, or restoration work of site conditions of the Property relating to Hazardous Materials (whether on the Property or any other property); and (v) the breach of any representation of warranty by or covenant of Borrower in this Section 4.7, and Section 5.1(m). Such indemnity shall include, without limitation: (x) all consequential damages; (y) the costs of any required or necessary investigation, repair, cleanup or detoxification of the Property and the preparation and implementation of any closure, remedial or other required plans; and (z) all reasonable costs and expenses incurred by the County in connection with clauses (x) and (y), including but not limited to reasonable attorneys' fees and consultant fees. This indemnification applies whether or not any government agency has issued a cleanup order. Losses, claims, costs, suits, liability, and expenses covered by this indemnification provision include, but are not limited to: (1) losses attributable to diminution in the value of the Property, (2) loss or restriction of use of rentable space on the Property, (3) adverse effect on the marketing of any rental space on the Property, and (4) penalties and fines levied by, and remedial or enforcement actions of any kind issued by any regulatory agency (including but not limited to the costs of any required testing, remediation, repair, removal, cleanup or detoxification of the Property and surrounding properties). This obligation to indemnify will survive termination of this Agreement and will not be diminished or affected in any respect as a July 12, 2016 Contra Costa County Board of Supervisors 1402 31 863\99\1888761.5 result of any notice, disclosure, knowledge, if any, to or by the County of Hazardous Materials. (e) Without the County's prior written consent, which will not be unreasonably withheld, Borrower may not take any remedial action in response to the presence of any Hazardous Materials on, under or about the Property, nor enter into any settlement agreement, consent decree, or other compromise in respect to any Hazardous Material Claims, which remedial action, settlement, consent decree or compromise might, in the County's judgment, impair the value of the County's security hereunder; provided, however, that the County's prior consent is not necessary in the event that the presence of Hazardous Materials on, under, or about the Property either poses an immediate threat to the health, safety or welfare of any individual or is of such a nature that an immediate remedial response is necessary and it is not reasonably possible to obtain the County's consent before taking such action, provided that in such event Borrower shall notify the County as soon as practicable of any action so taken. The County agrees not to withhold its consent, where such consent is required hereunder, if: (i) a particular remedial action is ordered by a court of competent jurisdiction; (ii) Borrower will or may be subjected to civil or criminal sanctions or penalties if it fails to take a required action; (iii) Borrower establishes to the satisfaction of the County that there is no reasonable alternative to such remedial action which would result in less impairment of the County's security hereunder; or (iv) the action has been agreed to by the County. (f) Borrower hereby acknowledges and agrees that: (i) this Section is intended as the County's written request for information (and Borrower's response) concerning the environmental condition of the Property as required by California Code of Civil Procedure Section 726.5; and (ii) each representation and warranty in this Agreement (together with any indemnity obligation applicable to a breach of any such representation and warranty) with respect to the environmental condition of the Property is intended by the Parties to be an "environmental provision" for purposes of California Code of Civil Procedure Section 736. (g) In the event that any portion of the Property is determined to be "environmentally impaired" (as that term is defined in California Code of Civil Procedure Section 726.5(e)(3)) or to be an "affected parcel" (as that term is defined in California Code of Civil Procedure Section 726.5(e)(1)), then, without otherwise limiting or in any way affecting the County's or the trustee's rights and remedies under the Deed of Trust, the County may elect to exercise its rights under California Code of Civil Procedure Section 726.5(a) to: (i) waive its lien on such environmentally impaired or affected portion of the Property; and (ii) exercise, (1) the rights and remedies of an unsecured creditor, including reduction of its claim against Borrower to judgment, and (2) any other rights and remedies permitted by law. For purposes of determining the County's right to proceed as an unsecured creditor under California Code of Civil Procedure Section 726.5(a), Borrower will be deemed to have willfully permitted or acquiesced in a release or threatened release of Hazardous Materials, within the meaning of California Code of Civil Procedure Section 726.5(d)(1), if the release or threatened release of Hazardous Materials was knowingly or negligently caused or contributed to by any lessee, occupant, or user of any portion of the Property and Borrower knew or should have known of the activity by such lessee, occupant, or user which July 12, 2016 Contra Costa County Board of Supervisors 1403 32 863\99\1888761.5 caused or contributed to the release or threatened release. All costs and expenses, including (but not limited to) attorneys' fees, incurred by the County in connection with any action commenced under this paragraph, including any action required by California Code of Civil Procedure Section 726.5(b) to determine the degree to which the Property is environmentally impaired, plus interest thereon at the Default Rate, until paid, will be added to the indebtedness secured by the Deed of Trust and is due and payable to the County upon its demand made at any time following the conclusion of such action. Section 4.8 Maintenance; Damage and Destruction. (a) During the course of both construction and operation of the Development, Borrower shall maintain the Development and the Property in good repair and in a neat, clean and orderly condition, and in accordance with the Regulatory Agreements. (b) Subject to the requirements of senior lenders, and if economically feasible in the County's judgment after consultation with Borrower, if any improvement now or in the future on the Property is damaged or destroyed, then Borrower shall, at its cost and expense, diligently undertake to repair or restore such improvement consistent with the plans and specifications approved by the County with such changes as have been approved by the County. Such work or repair is to be commenced no later than the later of one hundred twenty (120) days, or such longer period approved by the County in writing, after the damage or loss occurs or thirty (30) days following receipt of the insurance proceeds, and is to be complete within one (1) year thereafter. Any insurance proceeds collected for such damage or destruction are to be applied to the cost of such repairs or restoration and, if such insurance proceeds are insufficient for such purpose, then Borrower shall make up the deficiency. If Borrower does not promptly make such repairs then any insurance proceeds collected for such damage or destruction are to be promptly delivered by Borrower to the County as a special repayment of the Combined County Loan, subject to the rights of the senior lenders, if any. Section 4.9 Fees and Taxes. Borrower is solely responsible for payment of all fees, assessments, taxes, charges, and levies imposed by any public authority or utility company with respect to the Property or the Development, and shall pay such charges prior to delinquency and at such times and in such manner as to prevent any penalty from accruing, or any lien or charge from attaching to the Property. Borrower is also solely responsible for payment of all personal property taxes, and all franchise, income, employment, old age benefit, withholding, sales, and other taxes assessed against it, or payable by it, and shall pay such charges prior to delinquency and at such times and in such manner as to prevent any penalty from accruing, or any lien or charge from attaching to the Property. However, Borrower is not required to pay and discharge any such charge so long as: (i) the legality thereof is being contested diligently and in good faith and by appropriate proceedings; and (ii) if requested by the County, Borrower deposits with the County any funds or other forms of assurance that the County in good faith from time to time determines appropriate to protect the County from the consequences of the contest being unsuccessful. July 12, 2016 Contra Costa County Board of Supervisors 1404 33 863\99\1888761.5 In the event Borrower exercises its right to contest any tax, assessment, or charge against it, Borrower, on final determination of the proceeding or contest, will immediately pay or discharge any decision or judgment rendered against it, together with all costs, charges and interest. Borrower shall not apply for a property tax exemption for the Property under any provision of law except California Revenue and Taxation Section 214(g) without the prior written consent of the County. Section 4.10 Notice of Litigation. Borrower shall promptly notify the County in writing of any litigation that has the potential to materially affect Borrower or the Property and of any claims or disputes that involve a material risk of such litigation. Section 4.11 Operation of Development as Affordable Housing. Borrower shall operate the Development (i) in accordance with all applicable laws, codes, ordinances, rules and regulations of federal, state, county or municipal governments or agencies now in force or that may be enacted hereafter, and (ii) as an affordable housing development consistent with: (1) HUD's requirements for use of HOPWA Funds and HOME Funds; (2) the Regulatory Agreements; and (3) any other regulatory requirements imposed on Borrower including but not limited to regulatory agreements associated with the Combined City Loan, MHP Loan, and Low Income Housing Tax Credits provided by TCAC. Section 4.12 Nondiscrimination. (a) Borrower covenants by and for itself and its successors and assigns that there will be no discrimination against or segregation of a person or of a group of persons on account of race, color, religion, creed, age (except for lawful senior housing in accordance with state and federal law), familial status, disability, sex, sexual orientation, marital status, ancestry or national origin in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Property, nor may Borrower or any person claiming under or through Borrower establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees in the Property. The foregoing covenant will run with the land. (b) Nothing in this Section prohibits Borrower from requiring County Assisted Units in the Development to be available to and occupied by income eligible households in accordance with the Regulatory Agreements, or from requiring the HOPWA- Assisted Units in the Development to be available to and occupied by HOPWA Eligible Households. Section 4.13 Transfer. (a) For purposes of this Agreement, "Transfer" means any sale, assignment, or transfer, whether voluntary or involuntary, of: (i) any rights and/or duties under this July 12, 2016 Contra Costa County Board of Supervisors 1405 34 863\99\1888761.5 Agreement; and/or (ii) any interest in the Development, including (but not limited to) a fee simple interest, a joint tenancy interest, a life estate, a partnership interest, a leasehold interest, a security interest, or an interest evidenced by a land contract by which possession of the Development is transferred and Borrower retains title. The term "Transfer" excludes the leasing of any single unit in the Development to an occupant in compliance with the Regulatory Agreements. The County Deputy Director – Department of Conservation and Development is authorized to execute assignment and assumption agreements on behalf of the County to implement any approved Transfer. (b) Except as otherwise permitted in this Section 4.13, no Transfer is permitted without the prior written consent of the County, which the County may withhold in its sole discretion. The Combined County Loan will automatically accelerate and be due in full upon any Transfer made without the prior written consent of the County. (c) The County hereby approves future Transfers of the limited partner interest of Borrower provided that: (i) such Transfers do not affect the timing and amount of the Investor Limited Partner capital contributions provided for in the Partnership Agreement; and (ii) in subsequent Transfers, the Investor Limited Partner or an affiliate thereof, retains a membership or partnership interest and serves as a managing member or managing general partner of the successor limited partner. (d) The County hereby approves a Transfer of the Property from Borrower to Eden, or a non-profit affiliate of Eden, and an assumption of the Combined County Loan by such transferee at the end of the Fifteen Year Compliance Period, provided that: (i) such Transfer is pursuant to an option or right of first refusal agreement referenced in the Partnership Agreement, and (ii) the transferee expressly assumes the obligations of the Borrower under the Loan Documents, utilizing a form of assignment and assumption agreement provided by the County. (e) The County hereby approves the purchase of the Investor Limited Partner interest by Eden, or a non-profit affiliate of Eden at the end of the Fifteen Year Compliance Period, provided that such Transfer is pursuant to an option or right of first refusal agreement referenced in the Partnership Agreement. (f) In the event the general partner of Borrower is removed by the limited partner of Borrower for cause following default under the Partnership Agreement, the County hereby approves the Transfer of the general partner interest to (i) a 501(c)(3) tax exempt nonprofit corporation or other entity with a 501(c)(3) tax exempt nonprofit corporation member or partner, which entity is also a qualified CHDO entity, that is selected by the Investor Limited Partner and approved by the County, and (ii) the Investor Limited Partner or an affiliate thereof, but only for a period not to exceed ninety (90) days from the date of removal of the general partner, during which time such entity shall diligently seek a replacement general partner meeting the requirements of subsection (i) above. If any Transfer results in the removal or withdrawal of Borrower's general partner, Borrower agrees to repay all principal and accrued interest on the HOME Funds portion of the Loan in full if the general partner is not replaced with a qualified CHDO entity in accordance with this Subsection. July 12, 2016 Contra Costa County Board of Supervisors 1406 35 863\99\1888761.5 (g) The County hereby approves the grant of the security interests in the Development for Approved Financing. Section 4.14 Insurance Requirements. (a) Borrower shall maintain the following insurance coverage throughout the Term of the Combined County Loan: (i) Workers' Compensation insurance to the extent required by law, including Employer's Liability coverage, with limits not less than One Million Dollars ($1,000,000) each accident. (ii) Commercial General Liability insurance with limits not less than Two Million Dollars ($2,000,000) each occurrence combined single limit for Bodily Injury and Property Damage, including coverages for Contractual Liability, Personal Injury, Broadform Property Damage, Products and Completed Operations. (iii) Automobile Liability insurance with limits not less than One Million Dollars ($1,000,000) each occurrence combined single limit for Bodily Injury and Property Damage, including coverages for owned, non-owned and hired vehicles, as applicable. (iv) Builders' Risk insurance during the course of construction, and upon completion of construction, property insurance covering the Development, in form appropriate for the nature of such property, covering all risks of loss, excluding earthquake, for one hundred percent (100%) of the replacement value, with deductible, if any, acceptable to the County, naming the County as a Loss Payee, as its interests may appear. Flood insurance must be obtained if required by applicable federal regulations. (v) Commercial crime insurance covering all officers and employees, for loss of Combined County Loan proceeds caused by dishonesty, in an amount approved by the County, naming the County a Loss Payee, as its interests may appear. (b) Borrower shall cause any general contractor, agent, or subcontractor working on the Development under direct contract with Borrower or subcontract to maintain insurance of the types and in at least the minimum amounts described in subsections (i), (ii), and (iii) above, except that the limit of liability for commercial general liability insurance for subcontractors must be One Million Dollars ($1,000,000), and must require that such insurance will meet all of the general requirements of subsections (d) and (e) below. (c) The required insurance must be provided under an occurrence form, and Borrower shall maintain the coverage described in subsection (a) continuously throughout the Term. Should any of the required insurance be provided under a form of coverage that includes an annual aggregate limit or provides that claims investigation or legal defense costs be included in such annual aggregate limit, such annual aggregate limit must be three times the occurrence limits specified above. (d) Commercial General Liability, Automobile Liability and Property insurance policies must be endorsed to name as an additional insured the County and its July 12, 2016 Contra Costa County Board of Supervisors 1407 36 863\99\1888761.5 officers, agents, employees and members of the County Board of Supervisors. (e) All policies and bonds are to contain: (i) the agreement of the insurer to give the County at least thirty (30) days' notice prior to cancellation (including, without limitation, for non-payment of premium) or any material change in said policies; (ii) an agreement that such policies are primary and non-contributing with any insurance that may be carried by the County; (iii) a provision that no act or omission of Borrower shall affect or limit the obligation of the insurance carrier to pay the amount of any loss sustained; and (iv) a waiver by the insurer of all rights of subrogation against the County and its authorized parties in connection with any loss or damage thereby insured against. Section 4.15 Covenants Regarding Approved Financing and Partnership Agreement. (a) Borrower shall promptly pay the principal and interest when due on any Approved Financing. (b) Borrower shall promptly notify the County in writing of the existence of any default under any documents evidencing Approved Financing whether or not a default has been declared by the lender, and any defaults under the Partnership Agreement, and provide the County copies of any notice of default. (c) Borrower may not amend, modify, supplement, cancel or terminate the Partnership Agreement or any documents related to any loan that is part of the Approved Financing without the prior written consent of the County except for amendments solely to effectuate Transfers permitted under Section 4.13 above. (d) Borrower may not incur any indebtedness of any kind other than Approved Financing or encumber the Development with any liens (other than liens for Approved Financing approved by the County) without the prior written consent of the County. (e) The Partnership Agreement may not include any provisions that conflict with the provisions of this Agreement, including, without limitation, the Residual Receipts payment provisions of Section 2.8 above. ARTICLE 5 REPRESENTATIONS AND WARRANTIES OF BORROWER Section 5.1 Representations and Warranties. Borrower hereby represents and warrants to the County as follows and acknowledges, understands, and agrees that the representations and warranties set forth in this Article 5 are deemed to be continuing during all times when any portion of the Combined County Loan remains outstanding: (a) Organization. Borrower is duly organized, validly existing and in good July 12, 2016 Contra Costa County Board of Supervisors 1408 37 863\99\1888761.5 standing under the laws of the State of California and has the power and authority to own its property and carry on its business as now being conducted. (b) CHDO Requirement. Borrower's managing general partner is wholly owned and controlled by a qualified CHDO in good standing as defined in 24 C.F.R. 92.2, and required in 24 C.F.R. 92.300 (a)(1). (c) Authority of Borrower. Borrower has full power and authority to execute and deliver this Agreement and to make and accept the borrowings contemplated hereunder, to execute and deliver the Loan Documents and all other documents or instruments executed and delivered, or to be executed and delivered, pursuant to this Agreement, and to perform and observe the terms and provisions of all of the above. (d) Authority of Persons Executing Documents. This Agreement and the Loan Documents and all other documents or instruments executed and delivered, or to be executed and delivered, pursuant to this Agreement have been executed and delivered by persons who are duly authorized to execute and deliver the same for and on behalf of Borrower, and all actions required under Borrower's organizational documents and applicable governing law for the authorization, execution, delivery and performance of this Agreement and the Loan Documents and all other documents or instruments executed and delivered, or to be executed and delivered, pursuant to this Agreement, have been duly taken. (e) Valid Binding Agreements. The Loan Documents and all other documents or instruments executed and delivered pursuant to or in connection with this Agreement constitute or, if not yet executed or delivered, will when so executed and delivered constitute, legal, valid and binding obligations of Borrower enforceable against it in accordance with their respective terms. (f) No Breach of Law or Agreement. Neither the execution nor delivery of the Loan Documents or of any other documents or instruments executed and delivered, or to be executed or delivered, pursuant to this Agreement, nor the performance of any provision, condition, covenant or other term hereof or thereof, will: (i) conflict with or result in a breach of any statute, rule or regulation, or any judgment, decree or order of any court, board, commission or agency whatsoever that is binding on Borrower, or conflict with any provision of the organizational documents of Borrower, or conflict with any agreement to which Borrower is a party; or (ii) result in the creation or imposition of any lien upon any assets or property of Borrower, other than liens established pursuant hereto. (g) Compliance with Laws; Consents and Approvals. The rehabilitation of the Development will comply with all applicable laws, ordinances, rules and regulations of federal, state and local governments and agencies and with all applicable directions, rules and regulations of the fire marshal, health officer, building inspector and other officers of any such government or agency. (h) Pending Proceedings. Borrower is not in default under any law or regulation or under any order of any court, board, commission or agency whatsoever, and there are no claims, actions, suits or proceedings pending or, to the knowledge of Borrower, threatened against or affecting Borrower or the Development, at law or in equity, before or July 12, 2016 Contra Costa County Board of Supervisors 1409 38 863\99\1888761.5 by any court, board, commission or agency whatsoever which might, if determined adversely to Borrower, materially affect Borrower's ability to repay the Combined County Loan or impair the security to be given to the County pursuant hereto. (i) Title to Land. At the time of recordation of the Deed of Trust, Borrower will have good and marketable fee title to the Development and there will exist thereon or with respect thereto no mortgage, lien, pledge or other encumbrance of any character whatsoever other than liens shown on the County's title policy provided pursuant to Section 2.6(h) above, or approved in writing by the County. (j) Financial Statements. The financial statements of Borrower and other financial data and information furnished by Borrower to the County fairly and accurately present the information contained therein. As of the date of this Agreement, there has not been any material adverse change in the financial condition of Borrower from that shown by such financial statements and other data and information. (k) Sufficient Funds. Borrower holds sufficient funds and/or binding commitments for sufficient funds to complete the acquisition of the Property and the rehabilitation of the Development in accordance with the terms of this Agreement. (l) Taxes. Borrower and its subsidiaries have filed all federal and other material tax returns and reports required to be filed, and have paid all federal and other material taxes, assessments, fees and other governmental charges levied or imposed upon them or their income or the Property otherwise due and payable, except those that are being contested in good faith by appropriate proceedings and for which adequate reserves have been provided in accordance with generally accepted accounting principles. There is no proposed tax assessment against Borrower or any of its subsidiaries that could, if made, be reasonably expected to have a material adverse effect on the property, liabilities (actual or contingent), operations, condition (financial or otherwise) or prospects of Borrower and its subsidiaries, taken as a whole, or which could result in (i) a material impairment of the ability of Borrower to perform under any loan document to which it is a party, or (ii) a material adverse effect upon the legality, validity, binding effect or enforceability against Borrower of any Loan Document. (m) Hazardous Materials. To the best of Borrower's knowledge, except as disclosed in writing by Borrower to the County prior to the date of this Agreement: (i) no Hazardous Material has been disposed of, stored on, discharged from, or released to or from, or otherwise now exists in, on, under, or around, the Property; (ii) neither the Property nor Borrower is in violation of any Hazardous Materials Law; and (iii) neither the Property nor Borrower is subject to any existing, pending or threatened Hazardous Materials Claims. July 12, 2016 Contra Costa County Board of Supervisors 1410 39 863\99\1888761.5 ARTICLE 6 DEFAULT AND REMEDIES Section 6.1 Events of Default. Any one or more of the following constitutes an "Event of Default" by Borrower under this Agreement: (a) Failure to Construct. If Borrower fails to obtain permits, or to commence and prosecute construction of the Development to completion, within the times set forth in Article 3 above. (b) Failure to Make Payment. If Borrower fails to make any payment when such payment is due pursuant to the Loan Documents. (c) Failure to Submit Plans. If Borrower fails to submit a Marketing Plan, Tenant Selection Plan, or Social Services Plan that is approved by the County in accordance with the HOME/HOPWA Regulatory Agreement. (d) Breach of Covenants. If Borrower fails to duly perform, comply with, or observe any other condition, term, or covenant contained in this Agreement (other than as set forth in Section 6.1(a) through Section 6.1(c), and Section 6.1(e) through Section 6.1(m)), or in any of the other Loan Documents, and Borrower fails to cure such default within thirty (30) days after receipt of written notice thereof from the County to Borrower. (e) Default Under Other Loans. If a default is declared under any other financing for the Development by the lender of such financing and such default remains uncured following any applicable notice and cure period. (f) Insolvency. If a court having jurisdiction makes or enters any decree or order: (i) adjudging Borrower to be bankrupt or insolvent; (ii) approving as properly filed a petition seeking reorganization of Borrower, or seeking any arrangement for Borrower under the bankruptcy law or any other applicable debtor's relief law or statute of the United States or any state or other jurisdiction; (iii) appointing a receiver, trustee, liquidator, or assignee of Borrower in bankruptcy or insolvency or for any of their properties; (iv) directing the winding up or liquidation of Borrower if any such decree or order described in clauses (i) to (iv), inclusive, is unstayed or undischarged for a period of ninety (90) calendar days; or (v) Borrower admits in writing its inability to pay its debts as they fall due or will have voluntarily submitted to or filed a petition seeking any decree or order of the nature described in clauses (i) to (iv), inclusive. The occurrence of any of the Events of Default in this paragraph will act to accelerate automatically, without the need for any action by the County, the indebtedness evidenced by the Notes. (g) Assignment; Attachment. If Borrower assigns its assets for the benefit of its creditors or suffers a sequestration or attachment of or execution on any substantial part of its property, unless the property so assigned, sequestered, attached or executed upon is returned or released within ninety (90) calendar days after such event or, if sooner, prior to sale pursuant to such sequestration, attachment, or execution. The occurrence of any of the July 12, 2016 Contra Costa County Board of Supervisors 1411 40 863\99\1888761.5 events of default in this paragraph shall act to accelerate automatically, without the need for any action by the County, the indebtedness evidenced by the Notes. (h) Suspension; Termination. If Borrower voluntarily suspends its business or, the partnership is dissolved or terminated, other than a technical termination of the partnership for tax purposes. (i) Liens on Property and the Development. If any claim of lien (other than liens allowed pursuant to any Loan Document or approved in writing by the County) is filed against the Development or any part thereof, or any interest or right made appurtenant thereto, or the service of any notice to withhold proceeds of the Combined County Loan and the continued maintenance of said claim of lien or notice to withhold for a period of twenty (20) days, without discharge or satisfaction thereof or provision therefor (including, without limitation, the posting of bonds) satisfactory to the County. (j) Condemnation. If there is a condemnation, seizure, or appropriation of all or the substantial part of the Property and the Development other than by the County. (k) Unauthorized Transfer. If any Transfer occurs other than as permitted pursuant to Section 4.13. (l) Representation or Warranty Incorrect. If any Borrower representation or warranty contained in this Agreement, or in any application, financial statement, certificate, or report submitted to the County in connection with any of the Loan Documents, proves to have been incorrect in any material respect when made. (m) Applicability to General Partner. The occurrence of any of the events set forth in Section 6.1(f) through Section 6.1(h) in relation to Borrower's managing general partner, unless the removal and replacement of the Borrower's managing general partner in accordance with Section 4.13(f) within the time frame set forth in Section 6.5 cures such a default. Section 6.2 Remedies. Upon the occurrence of an Event of Default and until such Even of Default is cured or waived, the County is relieved of any obligation to disburse any portion of the New Loan. In addition, upon the occurrence of an Event of Default and following the expiration of all applicable notice and cure periods the County may proceed with any and all remedies available to it under law, this Agreement, and the other Loan Documents. Such remedies include but are not limited to the following: (a) Acceleration of Notes. The County may cause all indebtedness of Borrower to the County under this Agreement and the Notes, together with any accrued interest thereon, to become immediately due and payable. Borrower waives all right to presentment, demand, protest or notice of protest or dishonor. The County may proceed to enforce payment of the indebtedness and to exercise any or all rights afforded to the County as a creditor and secured party under the law including the Uniform Commercial Code, including foreclosure under the Deed of Trust. Borrower is liable to pay the County on July 12, 2016 Contra Costa County Board of Supervisors 1412 41 863\99\1888761.5 demand all reasonable expenses, costs and fees (including, without limitation, reasonable attorney's fees and expenses) paid or incurred by the County in connection with the collection of the Combined County Loan and the preservation, maintenance, protection, sale, or other disposition of the security given for the Combined County Loan. (b) Specific Performance. The County has the right to mandamus or other suit, action or proceeding at law or in equity to require Borrower to perform its obligations and covenants under the Loan Documents or to enjoin acts on things that may be unlawful or in violation of the provisions of the Loan Documents. (c) Right to Cure at Borrower's Expense. The County has the right (but not the obligation) to cure any monetary default by Borrower under a loan other than the Combined County Loan. Upon demand therefor, Borrower shall reimburse the County for any funds advanced by the County to cure such monetary default by Borrower, together with interest thereon from the date of expenditure until the date of reimbursement at the Default Rate. Section 6.3 Right of Contest. Borrower may contest in good faith any claim, demand, levy, or assessment the assertion of which would constitute an Event of Default hereunder. Any such contest is to be prosecuted diligently and in a manner unprejudicial to the County or the rights of the County hereunder. Section 6.4 Remedies Cumulative. No right, power, or remedy given to the County by the terms of this Agreement or the other Loan Documents is intended to be exclusive of any other right, power, or remedy; and each and every such right, power, or remedy is cumulative and in addition to every other right, power, or remedy given to the County by the terms of any such instrument, or by any statute or otherwise against Borrower and any other person. Neither the failure nor any delay on the part of the County to exercise any such rights and remedies will operate as a waiver thereof, nor does any single or partial exercise by the County of any such right or remedy preclude any other or further exercise of such right or remedy, or any other right or remedy. Section 6.5 Notice and Cure Rights of Limited Partner. The County shall provide the Investor Limited Partner and any limited partner of Borrower who has requested written notice from the County ("Permitted Limited Partner") a duplicate copy of all notices of default that the County may give to or serve in writing upon Borrower pursuant to the terms of the Loan Documents, at the address set forth in Section 7.9, provided, the County shall have no liability to the Permitted Limited Partner for its failure to do so. The Permitted Limited Partner has the right, but not the obligation, to cure any default of Borrower set forth in such notice, during the applicable cure period described in the Loan Documents, and the County will accept tender of such cure as if delivered by Borrower. If the Permitted Limited Partner is unable to cure a default because Borrower's general partner is in bankruptcy and/or because the cure requires removal of the general partner of Borrower and the Permitted Limited Partner is proceeding diligently to remove the general partner of Borrower in order to effect a cure of the Default, the cure period will be extended for such reasonable time as is necessary for the July 12, 2016 Contra Costa County Board of Supervisors 1413 42 863\99\1888761.5 Permitted Limited Partner to effect a cure of the Default, but in no event longer than sixty (60) days after the date of receipt by the Permitted Limited Partner of written notice of the default. ARTICLE 7 GENERAL PROVISIONS Section 7.1 Relationship of Parties. Nothing contained in this Agreement is to be interpreted or understood by any of the Parties, or by any third persons, as creating the relationship of employer and employee, principal and agent, limited or general partnership, or joint venture between the County and Borrower or its agents, employees or contractors, and Borrower will at all times be deemed an independent contractor and to be wholly responsible for the manner in which it or its agents, or both, perform the services required of it by the terms of this Agreement. Borrower has and retains the right to exercise full control of employment, direction, compensation, and discharge of all persons assisting in the performance of services under the Agreement. In regards to the construction and operation of the Development, Borrower is solely responsible for all matters relating to payment of its employees, including compliance with Social Security, withholding, and all other laws and regulations governing such matters, and must include requirements in each contract that contractors are solely responsible for similar matters relating to their employees. Borrower is solely responsible for its own acts and those of its agents and employees. Section 7.2 No Claims. Nothing contained in this Agreement creates or justifies any claim against the County by any person that Borrower may have employed or with whom Borrower may have contracted relative to the purchase of materials, supplies or equipment, or the furnishing or the performance of any work or services with respect to the purchase of the Property, the construction or operation of the Development, and Borrower shall include similar requirements in any contracts entered into for the construction or operation of the Development. Section 7.3 Amendments. No alteration or variation of the terms of this Agreement is valid unless made in writing by the Parties. The County Deputy Director, Department of Conservation and Development is authorized to execute on behalf of the County amendments to the Loan Documents or amended and restated Loan Documents as long as any discretionary change in the amount or terms of this Agreement is approved by the County's Board of Supervisors. Section 7.4 Indemnification. Borrower shall indemnify, defend and hold the County and its board members, supervisors, directors, officers, employees, agents, successors and assigns harmless against any and all claims, suits, actions, losses and liability of every kind, nature and description made against it and expenses (including reasonable attorneys' fees) which arise out of or in connection with this Agreement, including but not limited to the purchase of the Property and the development, construction, marketing and operation of the Development, except to the extent such claim arises from the gross negligence or willful misconduct of the County, its agents, and July 12, 2016 Contra Costa County Board of Supervisors 1414 43 863\99\1888761.5 its employees. The provisions of this Section will survive the expiration of the Term and the reconveyance of the Deed of Trust. Section 7.5 Non-Liability of County Officials, Employees and Agents. No member, official, employee or agent of the County is personally liable to Borrower in the event of any default or breach of this Agreement by the County or for any amount that may become due from the County pursuant to this Agreement. Section 7.6 No Third Party Beneficiaries. There are no third party beneficiaries to this Agreement. Section 7.7 Discretion Retained By County. The County's execution of this Agreement in no way limits any discretion the County may have in the permit and approval process related to the construction of the Development. Section 7.8 Conflict of Interest. (a) Except for approved eligible administrative or personnel costs, no person described in Section 7.8(b) below who exercises or has exercised any functions or responsibilities with respect to the activities funded pursuant to this Agreement or who is in a position to participate in a decision-making process or gain inside information with regard to such activities, may obtain a financial interest or benefit from the activity, or have a financial interest in any contract, subcontract or agreement with respect thereto, or the proceeds thereunder, either for themselves or those with whom they have immediate family or business ties, during, or at any time after, such person's tenure. Borrower shall exercise due diligence to ensure that the prohibition in this Section 7.8(a) is followed. (b) The conflict of interest provisions of Section 7.8(a) above apply to any person who is an employee, agent, consultant, officer, or elected or appointed official of the County. (c) In accordance with California Government Code Section 1090 and the Political Reform Act, California Government Code section 87100 et seq., no person who is a director, officer, partner, trustee or employee or consultant of Borrower, or immediate family member of any of the preceding, may make or participate in a decision, made by the County or a County board, commission or committee, if it is reasonably foreseeable that the decision will have a material effect on any source of income, investment or interest in real property of that person or Borrower. Interpretation of this section is governed by the definitions and provisions used in the Political Reform Act, California Government Code Section 87100 et seq., its implementing regulations manual and codes, and California Government Code Section 1090. Section 7.9 Notices, Demands and Communications. All notices required or permitted by any provision of this Agreement must be in writing July 12, 2016 Contra Costa County Board of Supervisors 1415 44 863\99\1888761.5 and sent by registered or certified mail, postage prepaid, return receipt requested, or delivered by express delivery service, return receipt requested, or delivered personally, to the principal office of the Parties as follows: County: County of Contra Costa Department of Conservation and Development 30 Muir Road Martinez, CA 94553 Attention: Affordable Housing Program Manager Borrower: VL, L.P. c/o VL, LLC 22645 Grand Street Hayward, CA 94541 Attention: President Investor Limited Partner: Wells Fargo Affordable Housing Community Development Corporation 301 S. College Street, MAC D1053-170 Charlotte, NC 28288 Attn: Director of Tax Credit Asset Management Such written notices, demands and communications may be sent in the same manner to such other addresses as the affected party may from time to time designate by mail as provided in this Section. Receipt will be deemed to have occurred on the date shown on a written receipt as the date of delivery or refusal of delivery (or attempted delivery if undeliverable). Section 7.10 Applicable Law. This Agreement is governed by the laws of the State of California. Section 7.11 Parties Bound. Except as otherwise limited herein, this Agreement binds and inures to the benefit of the parties and their heirs, executors, administrators, legal representatives, successors, and assigns. This Agreement is intended to run with the land and to bind Borrower and its successors and assigns in the Property and the Development for the entire Term, and the benefit hereof is to inure to the benefit of the County and its successors and assigns. Section 7.12 Attorneys' Fees. If any lawsuit is commenced to enforce any of the terms of this Agreement, the prevailing party will have the right to recover its reasonable attorneys' fees and costs of suit from the other party. July 12, 2016 Contra Costa County Board of Supervisors 1416 45 863\99\1888761.5 Section 7.13 Severability. If any term of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions will continue in full force and effect unless the rights and obligations of the parties have been materially altered or abridged by such invalidation, voiding or unenforceability. Section 7.14 Force Majeure. In addition to specific provisions of this Agreement, performance by either party will not be deemed to be in default where delays or defaults are due to war, insurrection, strikes, lock- outs, riots, floods, earthquakes, fires, quarantine restrictions, freight embargoes, lack of transportation, or court order. An extension of time for any cause will be deemed granted if notice by the party claiming such extension is sent to the other within ten (10) days from the commencement of the cause and such extension of time is not rejected in writing by the other party within ten (10) days after receipt of the notice. In no event will the County be required to agree to cumulative delays in excess of one hundred eighty (180) days. Section 7.15 County Approval. The County has authorized the County Deputy Director- Department of Conservation and Development to execute the Loan Documents and deliver such approvals or consents as are required by this Agreement, and to execute estoppel certificates concerning the status of the Combined County Loan and the existence of Borrower defaults under the Loan Documents. Section 7.16 Waivers. Any waiver by the County of any obligation or condition in this Agreement must be in writing. No waiver will be implied from any delay or failure by the County to take action on any breach or default of Borrower or to pursue any remedy allowed under this Agreement or applicable law. Any extension of time granted to Borrower to perform any obligation under this Agreement does not operate as a waiver or release from any of its obligations under this Agreement. Consent by the County to any act or omission by Borrower may not be construed to be consent to any other or subsequent act or omission or to waive the requirement for the County's written consent to future waivers. Section 7.17 Title of Parts and Sections. Any titles of the sections or subsections of this Agreement are inserted for convenience of reference only and are to be disregarded in interpreting any part of the Agreement's provisions. Section 7.18 Entire Understanding of the Parties. The Loan Documents constitute the entire agreement of the parties with respect to the Combined County Loan. July 12, 2016 Contra Costa County Board of Supervisors 1417 46 863\99\1888761.5 Section 7.19 Multiple Originals; Counterpart. This Agreement may be executed in multiple originals, each of which is deemed to be an original, and may be signed in counterparts. Remainder of Page Left Intentionally Blank July 12, 2016 Contra Costa County Board of Supervisors 1418 Signature page County Loan Agreement 863\99\1888761.5 47 The parties are entering into this Agreement as of the last date set forth below. COUNTY: COUNTY OF CONTRA COSTA, a political subdivision of the State of California By: ____________________________________ Name: ____________________________________ Its: ____________________________________ Date: July ____, 2016 APPROVED AS TO FORM: SHARON L. ANDERSON County Counsel By: ______________________ Kathleen Andrus Deputy County Counsel BORROWER: VL, L.P., a California limited partnership By: VL LLC, a California limited liability company, its general partner By: Eden Housing, Inc., a California nonprofit public benefit corporation, its manager By:_______________________ Linda Mandolini, President Date: July____, 2016 July 12, 2016 Contra Costa County Board of Supervisors 1419 A-1 863\99\1888761.5 EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY The land is situated in the State of California, County of Contra Costa, and is described as follows: July 12, 2016 Contra Costa County Board of Supervisors 1420 B-1 863\99\1888761.5 EXHIBIT B APPROVED DEVELOPMENT BUDGET July 12, 2016 Contra Costa County Board of Supervisors 1421 C-1 863\99\1888761.5 EXHIBIT C NEPA MITIGATION REQUIREMENTS NEPA Mitigation and Monitoring Plan – _Virginia Lane Apartments ___ All mitigations / conditions of approval must be included in project agreement and/or legal documents. Compliance with mitigations / conditions of approval must be documented prior to final payment of County funds Mitigation Measure(s) Source Method and date County staff informed Project Sponsor Included in County loan document and /or project agreement Verification of Mitigation Measure(s) Responsible for implementation Mitigation Timing Responsible for monitoring and reporting on implementation Monitoring and reporting frequency Verification of compliance Date completed Comments Asbestos Containing Materials Essel Environmental Engineering & Consulting Limited Hazardous Materials Survey Report Copy of Bay Area Air Quality Management District permit Asbestos licensed contractor Pre and post rehabilitation Architect and contractor Once after rehabilitation has been completed Certification/permit post rehabilitation Lead- Based Paint Essel Environmental Engineering & Consulting Limited Hazardous Materials Survey Report Copy of Bay Area Air Quality Management District permit Lead-based paint licensed contractor Pre and post rehabilitation Architect and contractor Once after rehabilitation has been completed Certification/permit post rehabilitation Asbestos Containing Materials - If any walls, ceilings, and/or floors are to be disturbed as part of future renovations – the asbestos containing materials must be abated prior to disturbing the material. Asbestos removal work must be done by an asbestos certified contractor and must follow all pertinent regulations, as per Title 8 CCR 1529. Lead-Based Paint – Based on the lead paint results of the building, the general contractor and their subcontractor should be compliant with local and stated regulations pertaining to lead based paint in construction (Title 8 CCR 1532). If any trigger tasks are to be performed (for lead), the general contractor needs to ensure proper procedures are being followed for employee personnel monitoring and proper work procedures are being followed. July 12, 2016 Contra Costa County Board of Supervisors 1422 TABLE OF CONTENTS Page i 863\99\1888761.5 ARTICLE 1 DEFINITIONS AND EXHIBITS ............................................................................2 Section 1.1 Definitions................................................................................................... 2 Section 1.2 Exhibits ..................................................................................................... 13 ARTICLE 2 LOAN PROVISIONS ............................................................................................13 Section 2.1 Loan. ......................................................................................................... 13 Section 2.2 Interest....................................................................................................... 13 Section 2.3 Use of New Loan Funds. .......................................................................... 14 Section 2.4 Security. .................................................................................................... 14 Section 2.5 Subordination. ........................................................................................... 14 Section 2.6 Conditions Precedent to Disbursement of New Loan Funds for Construction. ....................................................................................... 15 Section 2.7 Conditions Precedent to Disbursement of Retention. ............................... 17 Section 2.8 Repayment Schedule. ................................................................................ 18 Section 2.9 Reports and Accounting of Residual Receipts.......................................... 20 Section 2.10 Non-Recourse. .......................................................................................... 20 ARTICLE 3 REHABILITATION OF THE DEVELOPMENT.................................................21 Section 3.1 Permits and Approvals. ............................................................................. 21 Section 3.2 Bid Package. ............................................................................................. 21 Section 3.3 Construction Contract. .............................................................................. 21 Section 3.4 Construction Bonds. .................................................................................. 22 Section 3.5 Commencement of Construction. ............................................................. 22 Section 3.6 Completion of Construction. ..................................................................... 22 Section 3.7 Changes; Construction Pursuant to Plans and Laws. ................................ 22 Section 3.8 Prevailing Wages. ..................................................................................... 23 Section 3.9 Accessibility. ............................................................................................. 25 Section 3.10 Equal Opportunity. .................................................................................... 25 Section 3.11 Minority and Women-Owned Contractors. .............................................. 25 Section 3.12 Progress Reports. ...................................................................................... 26 Section 3.13 Construction Responsibilities. .................................................................. 26 Section 3.14 Mechanics Liens, Stop Notices, and Notices of Completion.................... 26 Section 3.15 Inspections. ............................................................................................... 27 Section 3.16 Approved Development Budget; Revisions to Budget. ............................ 27 Section 3.17 Developer Fee. .......................................................................................... 27 Section 3.18 Partnership/Asset Fee................................................................................ 27 Section 3.19 NEPA Mitigation Requirements. .............................................................. 28 ARTICLE 4 LOAN REQUIREMENTS.....................................................................................28 Section 4.1 Match Requirement. .................................................................................. 28 Section 4.2 Reserve Accounts...................................................................................... 28 Section 4.3 Financial Accountings and Post-Completion Audits. ............................... 28 Section 4.4 Approval of Annual Operating Budget. .................................................... 29 Section 4.5 Information. .............................................................................................. 29 Section 4.6 County Audits. .......................................................................................... 29 Section 4.7 Hazardous Materials. ................................................................................ 29 July 12, 2016 Contra Costa County Board of Supervisors 1423 TABLE OF CONTENTS (continued) Page ii 863\99\1888761.5 Section 4.8 Maintenance; Damage and Destruction. ................................................... 32 Section 4.9 Fees and Taxes. ......................................................................................... 32 Section 4.10 Notice of Litigation. .................................................................................. 33 Section 4.11 Operation of Development as Affordable Housing. ................................. 33 Section 4.12 Nondiscrimination..................................................................................... 33 Section 4.13 Transfer. .................................................................................................... 33 Section 4.14 Insurance Requirements. ........................................................................... 35 Section 4.15 Covenants Regarding Approved Financing and Partnership Agreement. ................................................................................................ 36 ARTICLE 5 REPRESENTATIONS AND WARRANTIES OF BORROWER .......................36 Section 5.1 Representations and Warranties. ............................................................... 36 ARTICLE 6 DEFAULT AND REMEDIES ...............................................................................39 Section 6.1 Events of Default. ..................................................................................... 39 Section 6.2 Remedies. .................................................................................................. 40 Section 6.3 Right of Contest. ....................................................................................... 41 Section 6.4 Remedies Cumulative. .............................................................................. 41 Section 6.5 Notice and Cure Rights of Limited Partner. ............................................. 41 ARTICLE 7 GENERAL PROVISIONS ....................................................................................42 Section 7.1 Relationship of Parties. ............................................................................. 42 Section 7.2 No Claims. ................................................................................................ 42 Section 7.3 Amendments. ............................................................................................ 42 Section 7.4 Indemnification. ........................................................................................ 42 Section 7.5 Non-Liability of County Officials, Employees and Agents...................... 43 Section 7.6 No Third Party Beneficiaries. ................................................................... 43 Section 7.7 Discretion Retained By County. ............................................................... 43 Section 7.8 Conflict of Interest. ................................................................................... 43 Section 7.9 Notices, Demands and Communications. ................................................. 43 Section 7.10 Applicable Law. ........................................................................................ 44 Section 7.11 Parties Bound. ........................................................................................... 44 Section 7.12 Attorneys' Fees. ......................................................................................... 44 Section 7.13 Severability. .............................................................................................. 45 Section 7.14 Force Majeure. .......................................................................................... 45 Section 7.15 County Approval. ...................................................................................... 45 Section 7.16 Waivers. .................................................................................................... 45 Section 7.17 Title of Parts and Sections. ....................................................................... 45 Section 7.18 Entire Understanding of the Parties. ......................................................... 45 Section 7.19 Multiple Originals; Counterpart. ............................................................... 46 EXHIBIT A Legal Description of the Property EXHIBIT B Approved Development Budget EXHIBIT C NEPA Mitigation Requirements July 12, 2016 Contra Costa County Board of Supervisors 1424 863\99\1888761.5 HOME AND HOPWA LOAN AGREEMENT Between COUNTY OF CONTRA COSTA And VL, L.P. Virginia Lane Apartments dated July 15, 2016 July 12, 2016 Contra Costa County Board of Supervisors 1425 RECOMMENDATION(S): ADOPT resolution confirming Final Report for CSA EM-1 (Emergency Medical Services) and setting assessments to be collected with the FY 2016-17 property taxes. FISCAL IMPACT: No General Fund impact. Proposed FY 2016-17 assessments for CSA EM-1 total $4,704,229.84. BACKGROUND: On June 14, 2016 the Board held a public hearing on the Tentative Report for CSA EM-1 and adopted Resolution No. 2016/400 declaring the Board's intent to levy assessments set forth in that report. Pursuant to Ordinance Code Section 1012-2.612, the attached Final Report for CSA EM-1 updates the Tentative Report based solely upon changes in ownership, changes of address, subdivision of existing parcels, and changes in the class of use of parcels. Revenues from the CSA EM-1 assessments are used to provide an enhanced countywide emergency medical service system as approved by the voters with the passage of Measure H in November 1988. Enhanced EMS services include (1) increased paramedic coverage; APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/12/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I Supervisor Contact: Patricia Frost, 646-4690 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 12, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Tasha Scott, M Wilhelm, Patricia Weisinger C.116 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:July 12, 2016 Contra Costa County Subject:Adopt Resolution Confirming CSA EM-1 Final Report (Measure H) July 12, 2016 Contra Costa County Board of Supervisors 1426 BACKGROUND: (CONT'D) (2) added emergency medical training and equipment for firefighters; and (3) an improved EMS communications systems. The basic assessment rate proposed for Zone B, comprising all the area of Contra Costa County except for San Ramon Valley, is $10.00 per single-family residence or benefit unit. The rate proposed for Zone A (San Ramon Valley), which does not include paramedic subsidy, is $3.94. These rates are unchanged from the prior year. CONSEQUENCE OF NEGATIVE ACTION: Failure to set the CSA EM-1 assessment rate prior to August 10, 2016 may result in the EM-1 assessments not being included in the property tax bills. CHILDREN'S IMPACT STATEMENT: Not applicable. AGENDA ATTACHMENTS Resolution No. 2016/453 EM-1 Final Report 2016 MINUTES ATTACHMENTS Signed Resolution No. 2016/453 July 12, 2016 Contra Costa County Board of Supervisors 1427 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 07/12/2016 by the following vote: AYE: Candace Andersen Mary N. Piepho Karen Mitchoff Federal D. Glover NO: ABSENT:John Gioia ABSTAIN: RECUSE: Resolution No. 2016/453 Confirmation of Final Report for County Service Area EM-1 (Emergency Medical Services), Fiscal Year 2016-17, and Approval of Assessments. WHEREAS County Service Area EM-1 has been established to provide enhanced emergency medical services as miscellaneous extended services pursuant to the County Service Area Law (Government Code Sections 25210.1 and following); WHEREAS the Board, on June 14, 2016, held a public hearing and thereafter adopted Resolution No. 2016/400 confirming the Tentative Report for CSA EM-1, Fiscal Year 2016-17 and declaring its intent to levy and collect assessments set forth therein; and WHEREAS the Tentative Report has been revised to conform to the official 2016-17 assessments roll and filed as the Final Report for CSA EM-1, Fiscal Year 2016-17 pursuant to Ordinance Code Section 1012-2.612; NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors hereby confirms the Final Report for CSA EM-1, Fiscal Year 2016-17, and hereby levies the assessments identified therein for Fiscal Year 2016-17. The assessment for each parcel shall appear as a separate item on the tax bill to be collected at the same time and in the same manner as ordinary county ad valorem property taxes and subject to the same penalties and the same procedure and sale in case of delinquency. Contact: Patricia Frost, 646-4690 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 12, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Tasha Scott, M Wilhelm, Patricia Weisinger 4 1 July 12, 2016 Contra Costa County Board of Supervisors 1428 July 12, 2016Contra Costa County Board of Supervisors1429 July 12, 2016 Contra Costa County Board of Supervisors 1430 July 12, 2016 Contra Costa County Board of Supervisors 1431 July 12, 2016 Contra Costa County Board of Supervisors 1432 July 12, 2016 Contra Costa County Board of Supervisors 1433 July 12, 2016 Contra Costa County Board of Supervisors 1434 July 12, 2016 Contra Costa County Board of Supervisors 1435 July 12, 2016 Contra Costa County Board of Supervisors 1436 July 12, 2016 Contra Costa County Board of Supervisors 1437 July 12, 2016 Contra Costa County Board of Supervisors 1438 July 12, 2016 Contra Costa County Board of Supervisors 1439 July 12, 2016 Contra Costa County Board of Supervisors 1440 July 12, 2016 Contra Costa County Board of Supervisors 1441 July 12, 2016 Contra Costa County Board of Supervisors 1442 July 12, 2016 Contra Costa County Board of Supervisors 1443 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: Government Code Section 8630 required 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 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. 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: 07/12/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I 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 12, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C.117 To:Board of Supervisors From:David Twa, County Administrator Date:July 12, 2016 Contra Costa County Subject:Continue Extension of Emergency Declaration Regarding Homelessness July 12, 2016 Contra Costa County Board of Supervisors 1444 CONSEQUENCE OF NEGATIVE ACTION: Not applicable. July 12, 2016 Contra Costa County Board of Supervisors 1445 RECOMMENDATION(S): APPROVE and AUTHORIZE the County Administrator, or designee, to sign a letter acknowledging subordination of revenue due to the County, Library and Flood Control and Water Conservation Districts from certain pass-through payments, pursuant to and required by the Fiscal Agreement, dated December 21, 1993, between the parties and the former El Cerrito Redevelopment Agency. FISCAL IMPACT: No anticipated fiscal impact. The County (including the Library and Flood Control and Water Conservation District) share of negotiated property tax pass-through payments is anticipated to be $471,598 in fiscal year 2016/17 following the scheduled refunding of tax allocation bonds of the former El Cerrito Redevelopment Agency. BACKGROUND: The subordination of pass-through payments for debt issuances by the former El Cerrito Redevelopment Agency was pre-negotiated in a December 1993 fiscal agreement between the County and the Agency. In that agreement, the County agrees to subordinate future pass-through payments to assist the Agency in providing investors with a more senior lien position on tax-increment revenue. This provides additional security to investors, which should translate to more favorable interest rates for the Agency (now the Successor Agency). APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/12/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I 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 12, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C.118 To:Board of Supervisors From:David Twa, County Administrator Date:July 12, 2016 Contra Costa County Subject:REQUEST FOR SUBORDINATION - SUCCESSOR AGENCY TO THE FORMER EL CERRITO REDEVELOPMENT AGENCY July 12, 2016 Contra Costa County Board of Supervisors 1446 CONSEQUENCE OF NEGATIVE ACTION: The Successor Agency to the former El Cerrito Redevelopment Agency will be unable to secure the subordination of pass-through payments from all taxing entities, which may have a negative impact on interest rates available to the Successor Agency as part of it's refunding of outstanding tax allocation bonds. CHILDREN'S IMPACT STATEMENT: No impact. July 12, 2016 Contra Costa County Board of Supervisors 1447 RECOMMENDATION(S): ADOPT Resolution No. 2016/441 approving Contra Costa County to receive and use State of California (State) Emergency Solutions Grant (ESG) funds in the amount of $578,558 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 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 then distributed to eligible local Administrative Entities. A portion of the funds (2.7 percent) 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: 07/12/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I Supervisor Contact: Gabriel Lemus, 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 12, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C.119 To:Board of Supervisors From:John Kopchik, Director, Conservation & Development Department Date:July 12, 2016 Contra Costa County Subject:Designation of Contra Costa County as an Administrative Entity for the State of California Emergency Solutions Grant Program July 12, 2016 Contra Costa County Board of Supervisors 1448 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). 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. Over the past two years, HCD has worked with a HUD technical assistance consultant and ESG stakeholders to redesign the State’s ESG program. The redesign is 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 and 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. Under this process, eligible local government entities can act as Administrative Entities (AE) of State ESG funds in furtherance of these goals. Beginning in 2016, HCD will distribute 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 new program design. 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 toward 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, are part of the Urban County and are therefore served the County's direct ESG grant. As an approved AE, Contra Costa County will receive $578,558 of State ESG funds. A total of $562,937 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 used by DCD for program administration (2.7 percent 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 15, 2016. 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 May 6, 2016. The RFP deadline was June 17, 2016. A total of 11 eligible applications were submitted by the June 17, 2016 deadline. 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 7, 2016. The finalized list of recommendations must be July 12, 2016 Contra Costa County Board of Supervisors 1449 submitted to HCD by July 15, 2016 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 with the agreement having an expected effective date of October 1, 2016 through June 30, 2018 . 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. Beginning in 2017, the amount of State ESG funds that is expected to be distributed to the County will be approximately $280,000 per year. CONSEQUENCE OF NEGATIVE ACTION: If the County does not submit the authorizing resolution to the State by the July 15, 2016 deadline, the County will not receive its $578,558 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. 2016/441 MINUTES ATTACHMENTS Signed Resolution No. 2016/441 July 12, 2016 Contra Costa County Board of Supervisors 1450 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 07/12/2016 by the following vote: AYE: Candace Andersen Mary N. Piepho Karen Mitchoff Federal D. Glover NO: ABSENT:John Gioia ABSTAIN: RECUSE: Resolution No. 2016/441 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) dated May 16, 2016 , 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 Department. 2. Contra Costa County DCD is hereby authorized and directed to receive an ESG grant, in an amount not to exceed $578,558 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, 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 12, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: 4 1 July 12, 2016 Contra Costa County Board of Supervisors 1451 July 12, 2016Contra Costa County Board of Supervisors1452 RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County, Novation Contract #28-556-21 with the City of Martinez, a government agency, to provide congregate meal services for the County’s Senior Nutrition Program, for the period from July 1, 2016 through June 30, 2017. This Contract includes a three-month automatic extension through September 30, 2017. FISCAL IMPACT: Agency will pay County the voluntary contributions it receives from participating seniors, after it has paid its authorized expenses. No County funds are required. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/12/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I Supervisor Contact: Dan Peddycord, 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 12, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: D Morgan, M Wilhelm C.120 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:July 12, 2016 Contra Costa County Subject:Approve Novation Contract #28–556–21 with the City of Martinez July 12, 2016 Contra Costa County Board of Supervisors 1453 BACKGROUND: This Contract meets the social needs of County’s population by providing an average of 30 congregate meals per day, five days per week, for senior citizens at the Martinez Senior Citizens Center. On September 22, 2015, the Board of Supervisors approved Novation Contract #28-556-20 with the City of Martinez, for the period from July 1, 2015 through June 30, 2016, which included a three-month automatic extension through September 30, 2016, for the provision of congregate meal services for the County’s Senior Nutrition Program. Approval of Novation Contract #28–556–21 replaces the automatic extension under the prior Contract and allows Agency to continue providing services through June 30, 2017, including modifications to County’s standard indemnification clause and the General Conditions. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, senior citizens who depend on County’s Senior Nutrition Program will not receive meals at Contractor’s facility. CHILDREN'S IMPACT STATEMENT: Not applicable. July 12, 2016 Contra Costa County Board of Supervisors 1454 RECOMMENDATION(S): 1. AUTHORIZE a General Plan Amendment (GPA) study to consider changing the General Plan land use designation for two undeveloped properties located immediately north of the property addressed as 4949 Pacheco Boulevard, Martinez area, from Multiple-Family Residential - Low Density (ML) to Agricultural Lands (AL). 2. ACKNOWLEDGE that granting authorization for this request does not imply any sort of endorsement for the application to amend the General Plan, but only that the matter is appropriate for study. FISCAL IMPACT: None. If authorization is granted, the applicant will pay fees to cover the cost of processing the GPA study. BACKGROUND: The Department of Conservation and Development is in receipt of a letter (Attachment A) from Mr. Owen Poole of Real Estate Services, representing the owners of the subject properties [Assessor Parcel Numbers (APN) 159-200-032 and 159-300-001], requesting a GPA study. Mr. Poole explains that the owners of Hamilton Tree and Eco Mulch own the property at 4949 Pacheco Boulevard and the property immediately north (APN 159-200-032), which is the southern of the subject parcels, and wish to expand their business onto the northern parcel (APN 159-300-001). The subject parcels are currently designated ML APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/12/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I Supervisor Contact: Will Nelson (925) 674-7791 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 12, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C.121 To:Board of Supervisors From:John Kopchik, Director, Conservation & Development Department Date:July 12, 2016 Contra Costa County Subject:Hamilton Request for General Plan Amendment Authorization July 12, 2016 Contra Costa County Board of Supervisors 1455 BACKGROUND: (CONT'D) on the Contra Costa County General Plan Land Use Element Map and zoned R-7 Single-Family Residential District, which is inconsistent with the General Plan designation. Neither the General Plan nor zoning designation allows for the Hamilton's business, hence the request for the GPA study. Staff notes that even if the zoning was consistent with the current General Plan designation, the use still would not be permitted. If the Board authorizes the GPA study, then the applicant will also file applications for a rezoning to Planned Unit District and a Final Development Plan, which if approved would correct the General Plan/zoning inconsistency and allow for legalization and expansion of the business. Attached for the Board's consideration under Attachment B are maps and aerial photographs of the site and its surroundings, showing the existing and proposed General Plan land use designations. The subject parcels are irregularly shaped and steep, have limited access, and are situated between the Contra Costa Canal (west) and Interstate 680 (east). Immediately south is the Hamilton's residence/business office followed by a recreational vehicle storage business. To the west/southwest, beyond the Contra Costa Canal, are a variety of commercial uses. Land to the north is vacant with the exception of cellular antennas and a small building that appears to be related to the antennas or canal. The request for a GPA study to change the land use designation from ML to AL deserves further consideration. As described above, the subject parcels have several physical constraints that make traditional residential and commercial development less desirable. The proposed land use suits the site because it does not require significant alterations to the land, such as mass cutting or grading, would not expose large numbers of people to the noise and pollution generated by the freeway, and poses minimal contamination risk to the canal if conducted in accordance with County regulations. The proposal would also rectify the inconsistency between the General Plan and zoning. Therefore, staff recommends that the GPA study be authorized. Staff emphasizes though that authorization for this study does not imply support or endorsement for the application to amend the General Plan, but only that this matter is appropriate for study. CONSEQUENCE OF NEGATIVE ACTION: If the Board does not authorize the GPA study, then an application to amend the General Plan cannot be filed and the site will retain its ML land use designation. The existing inconsistency between the zoning and General Plan will remain and the existing business will continue to be non-compliant with the General Plan and zoning designations. ATTACHMENTS Attachment A - Letter from Mr. Owen Poole Requesting General Plan Amendment Study Attachment B - General Plan Maps and Aerial Photo July 12, 2016 Contra Costa County Board of Supervisors 1456 July 12, 2016 Contra Costa County Board of Supervisors 1457 July 12, 2016 Contra Costa County Board of Supervisors 1458 July 12, 2016 Contra Costa County Board of Supervisors 1459 July 12, 2016 Contra Costa County Board of Supervisors 1460 July 12, 2016 Contra Costa County Board of Supervisors 1461 July 12, 2016 Contra Costa County Board of Supervisors 1462 July 12, 2016 Contra Costa County Board of Supervisors 1463 July 12, 2016 Contra Costa County Board of Supervisors 1464 July 12, 2016 Contra Costa County Board of Supervisors 1465 July 12, 2016 Contra Costa County Board of Supervisors 1466 ML CO (Commercial) PS (Public and Semi-Public) SH (Single-Family Residential - High Density)ML (Multiple-Family Residential - Low Density) LI (Light Industry) see City of Martinez's general plan §¨¦680 §¨¦680 P a c h e c o B l v d S u n r i s e D r Blum RdImhoff DrWeatherly LnRutherfor d L n Arnold DrHanson CtHeron LnS t arflower D r Blum RdMartinez Map Created 6/28/2016by Contra Costa County Department ofConservation and Development, GIS Group30 Muir Road, Martinez, CA 9455337:59:41.791N 122:07:03.756WI0370740185Feet 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. Pacheco Blvd , Pacheco AreaGeneral Plan Amendment Study (GP16-0005) AL ML §¨¦680 §¨¦680 P a c h e c o B l v d S u n r i s e D r Blum RdImhoff Dr Blum View D r Myers LnWeatherly LnRutherfor d L n Arnold DrHanson CtHeron LnS t arflower D r Blum RdCO (Commercial) PS (Public and Semi-Public) SH (Single-Family Residential - High Density) ML (Multiple-Family Residential - Low Density) LI (Light Industry) see City of Martinez's general planMartinez Current General Plan Proposed General Plan SITE SITE Project Site ParcelsGeneral Plan AL (Agricultural Lands) LI (Light Industry) PS (Public/Semi-Public) ML (Multiple Family Residential - Low) SH (Single Family Residential - High) CO (Commercial) July 12, 2016 Contra Costa County Board of Supervisors 1467 §¨¦680 §¨¦680 P a c h e c o B l v d Sunr ise D r Blum View D r Blum RdArnoldDrMyers Ln Rutherfor d L n Hanson Ct Hillside Ln Meyers LnMartinez Map Created 6/28/2016by Contra Costa County Department ofConservation and Development, GIS Group30 Muir Road, Martinez, CA 9455337:59:41.791N 122:07:03.756WI0210420105Feet 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. APN : 1 5 9 - 3 0 0 - 0 0 1 Pacheco Blvd , Pacheco AreaGeneral Plan Amendment Study (GP16-0005) SITE AP N : 1 5 9 - 2 0 0 - 0 3 2 July 12, 2016 Contra Costa County Board of Supervisors 1468 RECOMMENDATION(S): ACCEPT the California General Child Care Center Priorities and California State Preschool Priorities for Contra Costa County as recommended by the Local Planning and Advisory Council for Early Care and Education and the Family and Human Services Committee. FISCAL IMPACT: Although the LPC priorities will be used by the California Department of Education to determine future child care and development funding decisions for State subsidized services, there is no expected fiscal impact to the County. BACKGROUND: In 1998, AB 1857 (Escutia) amended the Education Code, Section 8499.5, to include specific expanded mandates for Local Child Care Planning Councils (LPCs). One of these was an expansion of the existing LPC mandate to identify local priorities for the distribution of new state child care and development and preschool funding. The Education Code language specifies how LPCs are to conduct their work in order to identify priorities to ensure that all the child care and preschool needs of the county are met to the greatest extent possible. The priorities are to be submitted APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/12/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I Supervisor Contact: Enid Mendoza 5-1039 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 12, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C.122 To:Board of Supervisors From:FAMILY & HUMAN SERVICES COMMITTEE Date:July 12, 2016 Contra Costa County Subject:Accept Local Child Care and Development funding priorities July 12, 2016 Contra Costa County Board of Supervisors 1469 BACKGROUND: (CONT'D) annually to the California Department of Education and used by the Department to determine funding decisions. These priorities are first reviewed and approved by the members of the Local Planning Council for each county, which is made up of parent consumers of child care, child care and preschool providers, public agency representatives and community agency representatives, who have been appointed by the County Board of Supervisors and the County Superintendent of Schools. The priorities are next made available for public review and finally reviewed and approved by the County Board of Supervisors. CONSEQUENCE OF NEGATIVE ACTION: The California Department of Education will not have the mandated local priorities used to make funding decisions. CHILDREN'S IMPACT STATEMENT: These local priorities are used for determining the distribution of new state child care and development and preschool funding. The Education Code language specifies how LPCs are to conduct their work in order to identify priorities to ensure that all the child care and preschool needs of the county are met to the greatest extent possible. ATTACHMENTS LPC Priorities July 12, 2016 Contra Costa County Board of Supervisors 1470 Page 1 of 3 M E M O R A N D U M DATE: June 2, 2016 TO: Family and Human Services Committee Supervisor Candace Andersen, District II, Chair Supervisor Federal D. Glover, District V, Vice Chair FROM: Ruth Fernández, LPC Coordinator/Manager, Educational Services SUBJECT: Local Planning and Advisory Council for Early Care and Education Council Activities-Referral #81 CC: Contra Costa County Office of Education Karen Sakata, Contra Costa County Superintendent of Schools Dr. Pamela Comfort, Deputy Superintendent of Schools RECOMMENDATION(S): 1) ACCEPT the local funding priorities for Contra Costa County reviewed and approved by the Executive Committee of the Local Planning Council at the meeting held on May 9, 2016. The below priorities were reviewed and discussed at a Public Hearing held on May 23, 2016 at the Contra Costa County Office of Education Building in Pleasant Hill, CA. 2) ACKNOWLEDGE receipt of the California Department of Education’s Local Priority Setting Reporting Form which certifies that the LPC recommended zip code priorities were reviewed and approved by the representative of the County Board of Supervisors. California General Child Care Center Priorities (Contract type: CCTR) Children ages 0-2 – Full-Day Infant and Toddler Child Development Services Priority 1: Option 1 94509, 94521, 94531, 94553, 94565, 94801, 94804, 94806 Priority 2: Option 1 94519, 94520, 94523, 94530, 94549, 94805 Priority 3: Option 1 94505, 94506, 94507, 94511, 94513, 94514, 94516, 94517, 94518, 94525, 94526, 94528, 94547, 94548, 94556, 94561, 94563, 94564, 94569, 94572, 94575, 94582, 94583, 94595, 94596, 94597, 94598, 94803 California State Preschool Priorities (Contract type: CSPP) Children ages 3-5 – Full-Day and Part-Day Preschool Services Priority 1: Option 1 94520, 94523, 94531, 94553 Priority 2: Option 1 94509, 94513, 94519, 94521, 94565, 94582, 94583 Priority 3: Option 1 94505, 94506, 94507, 94511, 94514, 94516, 94517, 94518, 94525, 94526, 94528, 94530, 94547, 94548, 94549, 94556, 94561, 94563, 94564, 94569, 94572, 94575, 94595, 94596, 94597, 94598, 94801, 94803, 94804, 94805, 94806 July 12, 2016 Contra Costa County Board of Supervisors 1471 Page 2 of 3 California General Child Care Center Priorities (Contract type: CCTR) Children 6-12 years of age – Full-Year School-Aged Child Development Services Priority 1: Option 1 94509, 94513, 94519, 94520, 94521, 94523, 94530, 94531, 94547, 94553, 94561, 94565, 94801, 94803, 94804, 94805, 94806 Priority 2: Option 1 94505, 94518, 94549, 94563, 94564, 94596, 94597, 94598 Priority 3: Option 1 94506, 94507, 94511, 94514, 94516, 94517, 94525, 94526, 94528, 94548, 94578, 94556, 94569, 94572, 94575, 94582, 94583, 94595 See California Department of Education (CDE) approved Priority Setting Process for Local Planning Councils attached. REASON/S FOR RECOMMENDATION: In 1998, AB 1857 (Escutia) amended the Education Code, Section 8499.5, to include specific expanded mandates for Local Child Care Planning Councils (LPCs). One of these was an expansion of the existing LPC mandate to identify local priorities for the distribution of new state child care and development and preschool funding. The Education Code language specifies how LPCs are to conduct their work in order to identify priorities to ensure that all the child care and preschool needs of the county are met to the greatest extent possible. The priorities are to be submitted annually to the California Department of Education and used by the Department to determine funding decisions. Local Planning Councils develop priorities for funding using:  Census zip code data and American Community Survey data as a baseline to estimate the number of children eligible for State Funded Services (and Head Start). Other pertinent local data, such as county growth factors, planning department data, or school district growth data, is then applied to achieve the most accurate estimate.  CDE and other available zip code level data to determine the number and percent of eligible children served/not served by State Funded Services or Head Start.  California Academic Performance Index, other School Performance Data or Child Outcome Data The data is then analyzed to assign a Priority 1, 2, and 3 designations to the zip codes of highest need using both a number and a percentage threshold for our county size (over 1 million residents). These priorities are first reviewed and approved by the members of the Local Planning Council for each county, which is made up of parent consumers of child care, child care and preschool providers, public agency representatives and community agency representatives, who have been appointed by the County Board of Supervisors and the County Superintendent of Schools. The priorities are next made available for public review and finally reviewed and approved by the County Board of Supervisors at a public hearing as prescribed in State regulations. July 12, 2016 Contra Costa County Board of Supervisors 1472 Page 3 of 3 BACKGROUND: The Contra Costa County Local Planning and Advisory Council for Early Care and Education (LPC) was established in April 1998. Required by AB 1542, which was passed in 1993, thirty members of the LPC were appointed by the County Board of Supervisors and the County Superintendent of Schools. Child care consumers and providers, public agency representatives, and community representatives each comprise 20% of the LPC. The remaining 20% are discretionary appointees. Membership is for a three year term. On January 7, 2003, membership was decreased from 30 to 25 members, due to the difficulty being experienced in filling all of the seats. On September 19, 2012 membership was decreased from 25 to 20, due to continued difficulty to fill vacant seats. Official reduction of appointed seats provides flexibility to ensure quorum is met in order to conduct Council business. July 12, 2016 Contra Costa County Board of Supervisors 1473 County Code Zip Code City CSPP Infant-Toddler CCTR School Age CCTR 07 94505 Byron/Discovery Bay 3 3 2 07 94506 Blackhawk/Danville 3 3 3 07 94507 Alamo 3 3 3 07 94509 Antioch 2 1 1 07 94511 Bethel Island 3 3 3 07 94513 Brentwood 2 3 1 07 94514 Byron/Discovery Bay 3 3 3 07 94516 Canyon 3 3 3 07 94517 Clayton 3 3 3 07 94518 Concord 3 3 2 07 94519 Concord 2 2 1 07 94520 Clyde/Concord 1 2 1 07 94521 Concord 2 1 1 07 94523 Concord/Pleasant Hill 1 2 1 07 94525 Crockett 3 3 3 07 94526 Danville 3 3 3 07 94528 Diablo 3 3 3 07 94530 El Cerrito 3 2 1 07 94531 Antioch 1 1 1 07 94547 Hercules/Rodeo 3 3 1 07 94548 Knightsen 3 3 3 07 94549 Lafayette 3 2 2 07 94553 Briones/Martinez/Pacheco 1 1 1 07 94556 Moraga 3 3 3 07 94561 Oakley 3 3 1 07 94563 Orinda 3 3 2 07 94564 Pinole 3 3 2 07 94565 Bay Point/Pittsburg/Port Chicago/West Pittsburg 2 1 1 07 94569 Port Costa 3 3 3 07 94572 Rodeo 3 3 3 07 94575 Moraga 3 3 3 07 94582 San Ramon 2 3 3 07 94583 San Ramon 2 3 3 07 94595 Walnut Creek 3 3 3 07 94596 Lafayette/Walnut Creek 3 3 2 07 94597 Walnut Creek 3 3 2 07 94598 Walnut Creek 3 3 2 07 94801 North Richmond/Point Richmond/Richmond 3 1 1 07 94803 El Sobrante/Richmond 3 3 1 07 94804 Richmond 3 1 1 07 94805 Richmond 3 2 1 07 94806 Richmond/Hilltop Mall/San Pablo/Tara Hills 3 1 1 July 12, 2016 Contra Costa County Board of Supervisors 1474 Draft Amended LPC Priority Setting Process for State Child Care and Preschool Funds 8-27-14 Page 1 of 4 Local Planning Council Priority Setting Process for State Child Care and Preschool Funds (Approved 10-13-14) History In 1998, AB 1857-Escutia amended the Education Code, Section 8499.5, to include specific expanded mandates for Local Child Care Planning Councils (LPCs) (8499.5 (a) through (e)). One of these was an expansion of the existing LPC mandate to identify local priorities for the distribution of new state child care and development and preschool funding. The Education Code language specifies how LPCs are to conduct their work in order to identify priorities which will ensure that all the child care and preschool needs of the county are met to the greatest extent possible. The priorities are to be submitted annually to the California Department of Education and used by the Department to determine funding decisions. The Priority Setting Process Local Planning Councils develop priorities for funding using: • Census zip code data and American Community Survey data as a baseline to estimate the number of children eligible for State Funded Services (and Head Start). Other pertinent local data, such as county growth factors, planning department data, or school district growth data, is then applied to achieve the most accurate estimate. • CDE and other available zip code level data to determine the number and percent of eligible children served/not served by State or Federally Funded Services • California Academic Performance Index, Smarter Balanced Assessment, or other School Performance Data or Child Outcome Data The data is then analyzed using the Priority 1, 2, and 3 number and percentage thresholds and methodology, described in Attachment 1, to assign county zip codes to Priority 1, 2, or 3 designation. These priorities are first reviewed and approved by the members of the Local Planning Council for each county, which is made up of parent consumers of child care, child care and preschool providers, public agency representatives and community agency representatives, who have been appointed by the County Board of Supervisors and the County Superintendent of Schools. The priorities are next made available for public review and finally reviewed and approved by the County Board of Supervisors at public hearing as prescribed in State regulations. July 12, 2016 Contra Costa County Board of Supervisors 1475 Draft Amended LPC Priority Setting Process for State Child Care and Preschool Funds 8-27-14 Page 2 of 4 CSPP Full and Part-Day Priorities 1. Counties with over 5 million residents (Los Angeles County): Priority 1: A zip code qualifies as Priority 1 when: there are 50% or more eligible children underserved AND there are more than 1500 children underserved. Priority 2: A zip code qualifies as Priority 2 when: there are 50% or more of eligible children underserved AND there are more than 750 children underserved. Priority 3: Option 1: A zip code qualifies as Priority 3 when: there are 50% or more of eligible children underserved AND there are more than 500 children underserved. Option 2: All other zip codes in the County. Option 3: No other zip codes in the County. 2. Counties with over 1 million residents (Orange, San Diego, Riverside, San Bernardino, Santa Clara, Alameda, Sacramento and Contra Costa Counties): Priority 1: A zip code qualifies as Priority 1 when: there are 40% or more eligible children underserved AND there are more than 300 children underserved. Priority 2: A zip code qualifies as Priority 2 when: there are 40% or more of eligible children underserved AND there are more than 200 children underserved. Priority 3: Option 1: A zip code qualifies as Priority 3 when: there are 25% or more of eligible children underserved AND there are more than 100 children underserved. Option 2: All other zip codes in the County. Option 3: No other zip codes in the County. 3. Counties with over 200,000 residents (Fresno County, Ventura County, Kern County, San Francisco County, San Mateo County, San Joaquin County, Stanislaus County, Sonoma County, Tulare County, Solano County, Monterey County, Santa Barbara County, Placer County, San Luis Obispo County, Santa Cruz County, Marin County, Merced County, Butte County): Priority 1: A zip code qualifies as Priority 1 when: there are 40% or more eligible children underserved AND there are more than 150 children underserved. Priority 2: A zip code qualifies as Priority 2 when: there are 25% or more of eligible children underserved AND there are more than 75 children underserved. Priority 3: Option 1: A zip code qualifies as Priority 3 when: there are 25% or more of eligible children underserved AND there are more than 50 children underserved. Option 2: All other zip codes in the County. Option 3 No other zip codes in the County. 4. Counties with under 200,000 residents (Yolo County, Shasta County, El Dorado County, Imperial County, Kings County, Madera County, Napa County, Humboldt County, Nevada County, Sutter County, Mendocino County, Yuba County, Lake County, Tehama County.): Priority 1: A zip code qualifies as Priority 1 when: there are 50% or more eligible children underserved AND there are more than 24 children underserved. Priority 2: A zip code qualifies as Priority 2 when: there are 35% or more of eligible children underserved AND there are more than 10 children underserved. Priority 3: Option 1: A zip code qualifies as Priority 3 when: there are 20% or more of eligible children underserved AND there are more than 10 children underserved. Option 2: All other zip codes in the County. Option 3: No other zip codes in the County. 5. Counties with under 60,000 residents (Tuolumne County, San Benito County , Calaveras County, Siskiyou County, Amador County, Lassen County, Del Norte County, Glenn County, Colusa County, Plumas County, Mariposa County, Inyo County, Trinity County, Mono County, Modoc County, Sierra County, Alpine County). Priority 1: A zip code qualifies as Priority 1 when: there are 50% or more eligible children underserved AND there are more than 10 children underserved. Priority 2: A zip code qualifies as Priority 2 when: there are 35% or more of eligible children underserved AND there are more than 10 children underserved. Priority 3: Option 1: A zip code qualifies as Priority 3 when: there are 20% or more of eligible children underserved AND there are more than 10 children underserved. Option 2: All other zip codes in the County. Option 3: No other zip codes in the County July 12, 2016 Contra Costa County Board of Supervisors 1476 Draft Amended LPC Priority Setting Process for State Child Care and Preschool Funds 8-27-14 Page 3 of 4 CCTR Priorities for Full-Day Infant Toddler Services 1. Counties with over 5 million residents (Los Angeles County): Priority 1: A zip code qualifies as Priority 1 when: there are 50% or more eligible children underserved AND there are more than 1500 eligible children underserved. Priority 2: A zip code qualifies as Priority 2 when: there are 50% or more of eligible children underserved AND there are more than 750 eligible children underserved. Priority 3: Option 1: A zip code qualifies as Priority 3 when: there are 50% or more of eligible children underserved AND there are more than 500 eligible children underserved. Option 2: All other zip codes in the County. Option 3: No other zip codes in the County. 2. Counties with over 1 million residents (Orange, San Diego, Riverside, San Bernardino, Santa Clara, Alameda, Sacramento and Contra Costa Counties): Priority 1: A zip code qualifies as Priority 1 when: there are 40% or more eligible children underserved AND there are more than 300 eligible children underserved. Priority 2: A zip code qualifies as Priority 2 when: there are 40% or more of eligible children underserved AND there are more than 200 eligible children underserved. Priority 3: Option 1: A zip code qualifies as Priority 3 when: there are 25% or more of eligible children underserved AND there are more than 100 eligible children underserved. Option 2: All other zip codes in the County. Option 3: No other zip codes in the County. 3. Counties with over 200,000 residents (Fresno County, Ventura County, Kern County, San Francisco County, San Mateo County, San Joaquin County, Stanislaus County, Sonoma County, Tulare County, Solano County, Monterey County, Santa Barbara County, Placer County, San Luis Obispo County, Santa Cruz County, Marin County, Merced County, Butte County): Priority 1: A zip code qualifies as Priority 1 when: there are 40% or more eligible children underserved AND there are more than 150 eligible children underserved. Priority 2: A zip code qualifies as Priority 2 when: there are 25% or more of eligible children underserved AND there are more than 75 eligible children underserved. Priority 3: Option 1: A zip code qualifies as Priority 3 when: there are 25% or more of eligible children underserved AND there are more than 50 eligible children underserved. Option 2: All other zip codes in the County. Option 3: No other zip codes in the County. 4. Counties with under 200,000 residents (Yolo County, Shasta County, El Dorado County, Imperial County, Kings County, Madera County, Napa County, Humboldt County, Nevada County, Sutter County, Mendocino County, Yuba County, Lake County, Tehama County): Priority 1: A zip code qualifies as Priority 1 when: there are 50% or more eligible children underserved AND there are more than 24 eligible children underserved. Priority 2: A zip code qualifies as Priority 2 when: there are 35% or more of eligible children underserved AND there are more than 10 eligible children underserved. Priority 3: Option 1: A zip code qualifies as Priority 3 when: there are 20% or more of eligible children underserved AND there are more than 10 eligible children underserved. Option 2: All other zip codes in the County. Option 3: No other zip codes in the County. 5. Counties with under 60,000 residents (Tuolumne County, San Benito County, Calaveras County, Siskiyou County, Amador County, Lassen County, Del Norte County, Glenn County, Colusa County, Plumas County, Mariposa County, Inyo County, Trinity County, Mono County, Modoc County, Sierra County, Alpine County). Priority 1: A zip code qualifies as Priority 1 when: there are 50% or more eligible children underserved AND there are more than 10 eligible children underserved. Priority 2: A zip code qualifies as Priority 2 when: there are 35% or more of eligible children underserved AND there are more than 10 eligible children underserved. Priority 3: Option 1: A zip code qualifies as Priority 3 when: there are 20% or more of eligible children underserved AND there are more than 10 eligible children underserved. Option 2: All other zip codes in the County. Option 3: No other zip codes in the County. July 12, 2016 Contra Costa County Board of Supervisors 1477 Draft Amended LPC Priority Setting Process for State Child Care and Preschool Funds 8-27-14 Page 4 of 4 CCTR Priorities for Full-Year School-Aged Child Development Services Afterschool Safety and Education Services (ASES) and Twenty-first Century funding allocated to Counties should be included in calculation of supply, even though these programs do not offer year round child care services. 1. Counties with over 5 million residents (Los Angeles County): Priority 1: A zip code qualifies as Priority 1 when: there are 50% or more eligible children underserved AND there are more than 1500 eligible children underserved. Priority 2: A zip code qualifies as Priority 2 when: there are 50% or more of eligible children underserved AND there are more than 750 eligible children underserved. Priority 3: Option 1: A zip code qualifies as Priority 3 when: there are 50% or more of eligible children underserved AND there are more than 500 eligible children underserved. Option 2: All other zip codes in the County. Option 3: No other zip codes in the County. 2. Counties with over 1 million residents (Orange, San Diego, Riverside, San Bernardino, Santa Clara, Alameda, Sacramento and Contra Costa Counties): Priority 1: A zip code qualifies as Priority 1 when: there are 40% or more eligible children underserved AND there are more than 500 eligible children underserved. Priority 2: A zip code qualifies as Priority 2 when: there are 40% or more of eligible children underserved AND there are more than 200 eligible children underserved. Priority 3: Option 1: A zip code qualifies as Priority 3 when: there are 25% or more of eligible children underserved AND there are more than 100 eligible children underserved. Option 2: All other zip codes in the County. Option 3: No other zip codes in the County. 3. Counties with over 200,000 residents (Fresno County, Ventura County, Kern County, San Francisco County, San Mateo County, San Joaquin County, Stanislaus County, Sonoma County, Tulare County, Solano County, Monterey County, Santa Barbara County, Placer County, San Luis Obispo County, Santa Cruz County, Marin County, Merced County, Butte County): Priority 1: A zip code qualifies as Priority 1 when: there are 40% or more eligible children underserved AND there are more than 200 eligible children underserved. Priority 2: A zip code qualifies as Priority 2 when: there are 25% or more of eligible children underserved AND there are more than 100 eligible children underserved. Priority 3: Option 1: A zip code qualifies as Priority 3 when: there are 25% or more of eligible children underserved AND there are more than 50 eligible children underserved. Option 2: All other zip codes in the County. Option 3: No other zip codes in the County. 4. Counties with under 200,000 residents (Yolo County, Shasta County, El Dorado County, Imperial County, Kings County, Madera County, Napa County, Humboldt County, Nevada County, Sutter County, Mendocino County, Yuba County, Lake County, Tehama County): Priority 1: A zip code qualifies as Priority 1 when: there are 50% or more eligible children underserved AND there are more than 24 eligible children underserved. Priority 2: A zip code qualifies as Priority 2 when: there are 35% or more of eligible children underserved AND there are more than 10 eligible children underserved. Priority 3: Option 1: A zip code qualifies as Priority 3 when: there are 20% or more of eligible children underserved AND there are more than 10 eligible children underserved. Option 2: All other zip codes in the County. Option 3: No other zip codes in the County. 5. Counties with under 60,000 residents (Tuolumne County, San Benito County, Calaveras County, Siskiyou County, Amador County, Lassen County, Del Norte County, Glenn County, Colusa County, Plumas County, Mariposa County, Inyo County, Trinity County, Mono County, Modoc County, Sierra County, Alpine County). Priority 1: A zip code qualifies as Priority 1 when: there are 50% or more eligible children underserved AND there are more than 10 eligible children underserved. Priority 2: A zip code qualifies as Priority 2 when: there are 35% or more of eligible children underserved AND there are more than 10 eligible children underserved. Priority 3: Option 1: A zip code qualifies as Priority 3 when: there are 20% or more of eligible children underserved AND there are more than 10 eligible children underserved. Option 2: All other zip codes in the County. Option 3: No other zip codes in the County. July 12, 2016 Contra Costa County Board of Supervisors 1478 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: 07/12/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I 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 12, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C.123 To:Board of Supervisors From:Julia R. Bueren, Public Works Director/Chief Engineer Date:July 12, 2016 Contra Costa County Subject:Disposal of Surplus Property July 12, 2016 Contra Costa County Board of Supervisors 1479 ATTACHMENTS Surplus Vehicles & Equipment July 12, 2016 Contra Costa County Board of Supervisors 1480 ATTACHMENT TO BOARD ORDER JULY 12, 2016 Department Description/Unit/Make/Model Serial No. Condition A. Obsolete B. Worn Out C. Beyond economical repair D. Damaged beyond repair PUBLIC WORKS 1996 INGERSOL DD65 #7100 (9203 HOURS) 147871 B. WORN OUT EHS/COMM. SERVICES 2002 FORD E-250 VAN #4596 (58215 MILES) 1FTNE24L52HA59069 B. WORN OUT SHERIFF 2009 FORD CROWN VIC. #2959 (100846 MILES) 2FAHP71V69X139037 B. WORN OUT SHERIFF 2010 TOYOTA CAMRY HYB. #1208 (100950 MILES) 4T1BB3EK9AU122201 B. WORN OUT July 12, 2016 Contra Costa County Board of Supervisors 1481 RECOMMENDATION(S): RECEIVE Civil Grand Jury Report No. 1616, entitled "Our Children in Need" (attached), and FORWARD to the County Administrator for response. FISCAL IMPACT: No fiscal impact. BACKGROUND: On June 14, 2016 the 2015/16 Civil Grand Jury filed the above referenced attached report which was received by County Administration on June 15, 2016. 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, 2016 (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: 07/12/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I Supervisor Contact: Allison Picard, (925) 335-1096 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 12, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: C.124 To:Board of Supervisors From:David Twa, County Administrator Date:July 12, 2016 Contra Costa County Subject:Civil Grand Jury Report No. 1616, "Our Children in Need" July 12, 2016 Contra Costa County Board of Supervisors 1482 ATTACHMENTS Grand Jury Report 1616 July 12, 2016 Contra Costa County Board of Supervisors 1483 July 12, 2016Contra Costa County Board of Supervisors1484 July 12, 2016Contra Costa County Board of Supervisors1485 July 12, 2016Contra Costa County Board of Supervisors1486 July 12, 2016Contra Costa County Board of Supervisors1487 July 12, 2016Contra Costa County Board of Supervisors1488 July 12, 2016Contra Costa County Board of Supervisors1489 July 12, 2016Contra Costa County Board of Supervisors1490 July 12, 2016Contra Costa County Board of Supervisors1491 July 12, 2016Contra Costa County Board of Supervisors1492 July 12, 2016Contra Costa County Board of Supervisors1493 July 12, 2016Contra Costa County Board of Supervisors1494 RECOMMENDATION(S): RECEIVE Civil Grand Jury Report No. 1613, entitled "Human Resources Management" (attached), and FORWARD to the County Administrator for response. FISCAL IMPACT: No fiscal impact. BACKGROUND: On June 14, 2016 the 2015/16 Civil Grand Jury filed the above referenced attached report which was received by County Administration on June 24, 2016. 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 22, 2016 (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: 07/12/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I Supervisor Contact: Allison Picard, (925) 335-1096 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 12, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: C.125 To:Board of Supervisors From:David Twa, County Administrator Date:July 12, 2016 Contra Costa County Subject:Civil Grand Jury Report No. 1613, "Human Resources Management" July 12, 2016 Contra Costa County Board of Supervisors 1495 ATTACHMENTS Grand Jury Report 1613 July 12, 2016 Contra Costa County Board of Supervisors 1496 July 12, 2016Contra Costa County Board of Supervisors1497 July 12, 2016Contra Costa County Board of Supervisors1498 July 12, 2016Contra Costa County Board of Supervisors1499 July 12, 2016Contra Costa County Board of Supervisors1500 July 12, 2016Contra Costa County Board of Supervisors1501 July 12, 2016Contra Costa County Board of Supervisors1502 July 12, 2016Contra Costa County Board of Supervisors1503 July 12, 2016Contra Costa County Board of Supervisors1504 July 12, 2016Contra Costa County Board of Supervisors1505 July 12, 2016Contra Costa County Board of Supervisors1506 July 12, 2016Contra Costa County Board of Supervisors1507 July 12, 2016Contra Costa County Board of Supervisors1508 July 12, 2016Contra Costa County Board of Supervisors1509 July 12, 2016Contra Costa County Board of Supervisors1510 RECOMMENDATION(S): RECEIVE Civil Grand Jury Report No. 1612, entitled "Foster Care Under AB 403" (attached), and FORWARD to the County Administrator for response. FISCAL IMPACT: No fiscal impact. BACKGROUND: On June 14, 2016 the 2015/16 Civil Grand Jury filed the above referenced attached report which was received by County Administration on June 23, 2016. 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 22, 2016 (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: 07/12/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I Supervisor Contact: Allison Picard, (925) 335-1096 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 12, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: C.126 To:Board of Supervisors From:David Twa, County Administrator Date:July 12, 2016 Contra Costa County Subject:Civil Grand Jury Report No. 1612, "Foster Care Under AB 403" July 12, 2016 Contra Costa County Board of Supervisors 1511 ATTACHMENTS Grand Jury Report 1612 July 12, 2016 Contra Costa County Board of Supervisors 1512 July 12, 2016Contra Costa County Board of Supervisors1513 July 12, 2016Contra Costa County Board of Supervisors1514 July 12, 2016Contra Costa County Board of Supervisors1515 July 12, 2016Contra Costa County Board of Supervisors1516 July 12, 2016Contra Costa County Board of Supervisors1517 July 12, 2016Contra Costa County Board of Supervisors1518 July 12, 2016Contra Costa County Board of Supervisors1519 July 12, 2016Contra Costa County Board of Supervisors1520 July 12, 2016Contra Costa County Board of Supervisors1521 July 12, 2016Contra Costa County Board of Supervisors1522 July 12, 2016Contra Costa County Board of Supervisors1523 July 12, 2016Contra Costa County Board of Supervisors1524 July 12, 2016Contra Costa County Board of Supervisors1525 July 12, 2016Contra Costa County Board of Supervisors1526 July 12, 2016Contra Costa County Board of Supervisors1527 July 12, 2016Contra Costa County Board of Supervisors1528 July 12, 2016Contra Costa County Board of Supervisors1529 July 12, 2016Contra Costa County Board of Supervisors1530 July 12, 2016Contra Costa County Board of Supervisors1531 July 12, 2016Contra Costa County Board of Supervisors1532 July 12, 2016Contra Costa County Board of Supervisors1533 July 12, 2016Contra Costa County Board of Supervisors1534 July 12, 2016Contra Costa County Board of Supervisors1535 RECOMMENDATION(S): RECEIVE Civil Grand Jury Report No. 1609, entitled "Human Trafficking" (attached), and FORWARD to the County Administrator for response. FISCAL IMPACT: No fiscal impact. BACKGROUND: On June 14, 2016 the 2015/16 Civil Grand Jury filed the above referenced attached 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 12, 2016 (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: 07/12/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I 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 12, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: C.127 To:Board of Supervisors From:David Twa, County Administrator Date:July 12, 2016 Contra Costa County Subject:Civil Grand Jury Report No. 1609, "Human Trafficking" July 12, 2016 Contra Costa County Board of Supervisors 1536 ATTACHMENTS Civil Grand Jury Report No. 1609, "Human Trafficking" July 12, 2016 Contra Costa County Board of Supervisors 1537 July 12, 2016Contra Costa County Board of Supervisors1538 July 12, 2016Contra Costa County Board of Supervisors1539 July 12, 2016Contra Costa County Board of Supervisors1540 July 12, 2016Contra Costa County Board of Supervisors1541 July 12, 2016Contra Costa County Board of Supervisors1542 July 12, 2016Contra Costa County Board of Supervisors1543 July 12, 2016Contra Costa County Board of Supervisors1544 July 12, 2016Contra Costa County Board of Supervisors1545 July 12, 2016Contra Costa County Board of Supervisors1546 July 12, 2016Contra Costa County Board of Supervisors1547 July 12, 2016Contra Costa County Board of Supervisors1548 July 12, 2016Contra Costa County Board of Supervisors1549 July 12, 2016Contra Costa County Board of Supervisors1550 July 12, 2016Contra Costa County Board of Supervisors1551 July 12, 2016Contra Costa County Board of Supervisors1552 July 12, 2016Contra Costa County Board of Supervisors1553 July 12, 2016Contra Costa County Board of Supervisors1554 RECOMMENDATION(S): RECEIVE Civil Grand Jury Report No. 1614, entitled "Where Will We Live?" and refer it to the County Administrator for response. FISCAL IMPACT: No fiscal impact. BACKGROUND: Penal Code section 933 provides for final grand jury reports at any time during the grand jury’s term and requires the governing body of any agency whose operations are the subject of a report to comment on the grand jury's findings and recommendations to the presiding judge of the superior court within 90 days from the date the governing body receives the report. Report No. 1614, attached, was received on June 27, 2016 and requires a response by the Board no later than September 25, 2016. It is recommended that the Board refer the report to the County Administrator for preparation of a draft response to be returned to the Board for adoption no later than September 20. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/12/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I 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 12, 2016 , County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: C.128 To:Board of Supervisors From:David Twa, County Administrator Date:July 12, 2016 Contra Costa County Subject:RECEIVE CIVIL GRAND JURY REPORT NO. 1614, ENTITLED "WHERE WILL WE LIVE?" July 12, 2016 Contra Costa County Board of Supervisors 1555 ATTACHMENTS Civil Grand Jury Report No. 1614, "Where Will We Live?"" July 12, 2016 Contra Costa County Board of Supervisors 1556 July 12, 2016 Contra Costa County Board of Supervisors 1557 Contra Costa County 2015-2016 Grand Jury Report 1614 Page 1 Grand Jury Reports are posted at http://www.cc-courts.org/grandjury Contact: Michael Simmons Foreperson 925-957-5638 Contra Costa County Grand Jury Report 1614 Where Will We Live? The Affordable Housing Waiting List is Closed. TO: City Councils of Antioch, Brentwood, Clayton, Concord, Danville, El Cerrito, Hercules, Lafayette, Martinez, M oraga, Oakley, Orinda, Pinole, Pleasant Hill, Pittsburg, Richmond, San Pablo, San Ramon, Walnut Creek and the Contra Costa County Board of Supervisors SUMMARY: The Bay Area is one of the most expensive regions in the world to live and work. Our County has a housing crisis that demands our immediate attention. Lack of affordable housing in Contra Costa County negatively affects our citizens and economy. Government lawmakers and fair shelter advocates call housing “affordable” when a household pays no more than 30 percent of its total income for housing costs. Income levels determine who qualifies for Affordable Housing (AH). Those qualifying include a range of households from formerly homeless individuals to first-time homebuyers. AH can include rental and homeownership; single-family and multi-family; and new or rehabilitated units. The Bay Area has an extensive network of for-profit and non-profit housing developers that create well designed, well managed AH. Despite their efforts, the demand far outstrips the supply. California housing element law, California Government Code section 65580 et seq., mandates that every city provide its fair share of AH. Since 2007, the cities in the Bay Area, including in Contra Costa County, have failed to issue the requisite number of building permits to meet their share allocations. President of the Bay Area Council, Jim Wunderman, warned that “water isn’t the only thing that is in short supply in the Bay Area. Our region is growing, our economy is humming, but the housing shortage could be our Achilles heel.” He called for California’s housing problems to receive the same decisive action that is being undertaken to combat the drought. In a recent Bay Area Council housing poll, 67 percent of residents complain that it is harder to find a place to live in the Bay Area compared with a year ago. The Grand Jury surveyed all nineteen cities in the County to learn about the resources implemented to address the shortage of AH. More than 70 percent of the County’s cities have adopted ordinances that mandate developers build a certain percentage of new home projects at below-market prices for people with lower incomes. Financial July 12, 2016 Contra Costa County Board of Supervisors 1558 Contra Costa County 2015-2016 Grand Jury Report 1614 Page 2 Grand Jury Reports are posted at http://www.cc-courts.org/grandjury tools used by the cities include housing impact fees, linkage fees, in lieu fees, and density bonuses. Some cities have donated publicly owned land, vacant land for infill, and property for renovation to non-profit housing developers in an effort to alleviate their city’s AH crises. Our investigation revealed however, that ordinances, builder incentives, housing fees, and donations are not enough to solve the shortage of AH and the County and cities can and should do more. What is missing we discuss in the four focus areas of this report: 1. Public awareness about AH; 2. Governmental resources available to communities, builders, and developers for AH; 3. Contra Costa cities’ performance in meeting the need for AH; and 4. Improving and centralizing information regarding the availability of AH to ensure that those who may qualify can readily learn and keep informed of AH opportunities. METHODOLOGY In conducting its investigation and preparing this report, the Grand Jury performed the following tasks:  Interviewed selected city and County staff and representatives of: o for-profit and non-profit builders and developers, o AH advocacy organizations, and o area-wide quasi-governmental agencies.  Attended meetings of: o the County Board of Supervisors, o regional organizations, o city councils, o municipal planning commissions.  Reviewed: o published court decisions, o public materials, o online documents, o Contra Costa County and city websites.  Prepared and submitted to each city within the County a written survey pertaining to AH, and reviewed and analyzed the responses of each city (Appendix 1) July 12, 2016 Contra Costa County Board of Supervisors 1559 Contra Costa County 2015-2016 Grand Jury Report 1614 Page 3 Grand Jury Reports are posted at http://www.cc-courts.org/grandjury DISCUSSION Why should AH matter to the residents of Contra Costa County? A 2015 East Bay Housing Organization (EBHO) report states that:  Seventeen percent of County residents live in poverty, in which high housing costs play a significant role.  Inflation adjusted median rent has increased seventeen percent since 2000 while the median renter income has declined seven percent. July 12, 2016 Contra Costa County Board of Supervisors 1560 Contra Costa County 2015-2016 Grand Jury Report 1614 Page 4 Grand Jury Reports are posted at http://www.cc-courts.org/grandjury  Renters need to earn three and one-half times the minimum wage to afford average-asking rents of $1,768 per month, reflecting upward pressure on rents in the Bay Area and the County, driven by a resurgent economy and increased demand. The chart above shows the higher percentages in the County who fall within the lower income categories (low, very low [VLI], and extremely low [ELI]) as compared to the comparable percentages nationwide. July 12, 2016 Contra Costa County Board of Supervisors 1561 Contra Costa County 2015-2016 Grand Jury Report 1614 Page 5 Grand Jury Reports are posted at http://www.cc-courts.org/grandjury  Between 2010 and 2014, County real estate had the highest sales price increase (50 percent) in the Bay Area.  From fiscal year 2008-2009 to fiscal year 2013-2014, the County lost seventy- one percent of state and federal funding for AH, a loss of $39,500,000. Communities thrive when people have safe and stable housing; when they live near their jobs, schools, and places of worship; when families can build roots and meet diverse neighbors; and when we use resources wisely, greening our housing and preserving open space. AH residents are seniors and people with disabilities on a fixed income, as well as teachers, retired military personnel, car mechanics, childcare workers, and others who work in our communities. In addition to the obvious benefits of helping residents, AH can benefit the wider community in significant ways:  Providing housing for the local workforce, especially lower wage earners;  Revitalizing distressed neighborhoods;  Directing economic benefits to the local community, such as increased jobs and sales taxes; and  Promoting economic and social integration while building community. July 12, 2016 Contra Costa County Board of Supervisors 1562 Contra Costa County 2015-2016 Grand Jury Report 1614 Page 6 Grand Jury Reports are posted at http://www.cc-courts.org/grandjury Government Efforts to Achieve AH In June 2015, the East Bay Times ran an article entitled, “Bay Area Housing Crisis May Cause NIMBY Attitudes to Wane”. NIMBY is an acronym for “not in my backyard”. Bay Area residents seem to be willing to challenge this attitude as two-thirds now believe it is tougher to find a place to live, and over half are ready to embrace higher density housing in their neighborhoods to tackle the problem. Seventy-six percent of Bay Area residents want policy makers and developers to direct their efforts toward the creation of certain types of housing. Specifically, respondents want the focus on housing for low and middle-income people. In the County, population continues to increase, bringing constant pressure on state and local governments to focus on housing affordability. Various state and local laws and ordinances are available to cities in the County and the greater Bay Area to address the shortage of AH. Housing Element California Housing Element law (California Government Code section 65580 et seq.) is the State’s primary market-based means to increase housing supply, affordability, and provide opportunities for private builders without unduly constraining housing development. The County and its nineteen cities each have a Housing Element plan certified by the California Department of Housing and Community Development (HCD), detailing their goals pertaining to AH. Association of Bay Area Governments (ABAG) ABAG is the comprehensive regional planning agency and Council of Governments (COG) for the nine counties and 101 cities and towns of the San Francisco Bay Region. The region encompasses Alameda, Contra Costa, Marin, Napa, San Francisco, San Mateo, Santa Clara, Solano, and Sonoma counties. As the COG for the Bay Area, ABAG is responsible for regional land use planning and coordination with local governments. The State sets the housing needs and ABAG allocates the housing goals for the nine Bay Area Counties by income levels set by the federal Housing and Urban Development agency (HUD). While land-use planning is fundamentally a local issue for city governments, the availability of housing is a matter of statewide importance. Housing element laws require local governments to be accommodating and accountable to meet projected housing needs. The cities maintain local control over where and what type of development should occur while providing the opportunity for the private sector to meet market demand. July 12, 2016 Contra Costa County Board of Supervisors 1563 Contra Costa County 2015-2016 Grand Jury Report 1614 Page 7 Grand Jury Reports are posted at http://www.cc-courts.org/grandjury Regional Housing Needs Allocation (RHNA) Government Code sections 65580-65589.8, also known as the Regional Housing Needs Allocation (RHNA), set forth the state-mandated process for identifying the total number of housing units by affordability level that each jurisdiction should accommodate. Income categories established by HUD for 2015 in the County are:  Extremely Low – A subset of the very low-income regional housing need, defined as households earning less than thirty percent of the median household income: family of four earning $28,050 or less per year.  Very Low – Defined as households earning less than fifty percent of the median household income: family of four earning $28,051 to $46,750 per year.  Low Income – Defined as households earning fifty to eighty percent of the median household income: family of four earning $46,751 to $71,600 per year.  Moderate Income – Defined as households earning eighty to one-hundred twenty percent of the median household income: a family of four earning $71,601 to $112,200 per year. The median income for the County falls within this category at $93,500 per year.  Above Moderate Income – Defined as households earning over one-hundred twenty percent of the median household income: family of four earning more than $112,200 per year. July 12, 2016 Contra Costa County Board of Supervisors 1564 Contra Costa County 2015-2016 Grand Jury Report 1614 Page 8 Grand Jury Reports are posted at http://www.cc-courts.org/grandjury Between 2007 and 2014, municipalities in the Bay Area collectively issued permits for 57 percent of the RHNA. Housing permits were skewed toward units for higher income consumers, meeting 99 percent of the RHNA for above-moderate income housing, but only 28 percent for moderate-income housing, 26 percent for low-income housing, and 29 percent for very low income housing. The next eight-year RHNA cycle, 2014-2022, for the County and cities, projects a lower allocation than the RHNA for 2007-2014. HCD made an adjustment to account for abnormally high vacancies and unique market conditions due to prolonged recessionary conditions, high unemployment, and unprecedented foreclosures in parts of the Region. ABAG Final Regional Housing Need Allocation for the County 2014-2022 For the County (including all 19 Cities and the unincorporated areas of the County), the proposed RHNA translates to 20,630 new units or just under 11 percent of the Bay Area’s total units. The 2014-2022 RHNA allocation is more reflective of the planning environment in the County; more specifically, it reflects both the broader policy of channeling new growth to infill areas with existing transportation infrastructure as well as to discourage growth outside of the County's urban limit line. Senate Bill 375, “The California Sustainable Communities, and Climate Protection Act of 2008,” established a new framework for the RHNA. SB 375 requires each of the state’s July 12, 2016 Contra Costa County Board of Supervisors 1565 Contra Costa County 2015-2016 Grand Jury Report 1614 Page 9 Grand Jury Reports are posted at http://www.cc-courts.org/grandjury 18 metropolitan areas, including the Bay Area, to develop a Sustainable Communities Strategy (SCS) with the goals of reducing greenhouse gas (GHG) emissions from cars and light trucks and accommodating all needed housing growth within the region. This law seeks to ensure that future land uses (through RHNA and other plans) are coordinated with long-term transportation investments. Priority Development Areas (PDAs) PDAs are local areas within each city that focus development on housing, employment, amenities, and services to meet the day-to-day needs of residents and workers in a pedestrian-friendly environment served by transit. These are neighborhoods within walking distance of frequent transit service, offering a wide variety of housing options, and featuring amenities such as grocery stores, community centers, and restaurants. During 2013 and 2014, 48 percent of all allocated building permits were located in PDAs. During that same time, PDAs were home to 59 percent of the region’s permitted multi-family housing units. Plan Bay Area 2040 is a long-range integrated transportation and land-use/housing strategy that focuses housing growth in PDAs. This plan provides a strategy for meeting 80 percent of the region’s future housing needs in PDAs. Identified by cities and towns across the region, the PDAs range from regional centers like Walnut Creek’s West Downtown area, to smaller town centers such as Old Town Pinole. July 12, 2016 Contra Costa County Board of Supervisors 1566 Contra Costa County 2015-2016 Grand Jury Report 1614 Page 10 Grand Jury Reports are posted at http://www.cc-courts.org/grandjury Inclusionary Housing Ordinances (IH) The most popular city response to AH has been incorporating “Inclusionary Housing” (IH) ordinances in the Housing Element. In California, between 1990 and 2003, the numbers of communities with IH more than tripled —from 29 to 107 communities— meaning about 20 percent of California communities now have IH ordinances. Also called Inclusionary Zoning, seventy-eight cities in the Bay Area, including fourteen cities in the County, have some type of IH policy in place. The purpose of inclusionary zoning laws is to prevent people from being excluded from affordable housing in the communities where they live or work. IH ordinances require developers to sell a certain percentage of their new homes at below market prices . Most cities designate between 10-15 percent of new units as affordable, though some require as high as 20 percent, others as low as 4 percent. The cities’ IH laws specify a threshold number of units before the ordinance takes effect. The California building industry sued, claiming that the mandate to sell a certain percentage of homes at below market pricing was a “taking” of their property and violated the Takings Clause of the U.S. and state constitutions. Last year, in an important victory for AH advocates, in the case of California Building Industry Association v. City of San Jose, 61 Cal. 4th 435 (2015) the California Supreme Court upheld the City of San Jose’s IH ordinance, stating: “The proper constitutional inquiry is a far less exacting one: whether the requirements of San Jose’s inclusionary housing ordinance are reasonably related to the city’s legitimate interest in alleviating the municipality’s chronic shortage of low-and moderate-income housing generally.” The Court had no difficulty in concluding that there was no violation of the Takings Clause under the U.S. or state constitutions. The Court found that the city could regulate land use because it has a legitimate interest in easing the chronic shortage of AH even if it reduces builders’ profits. The builders appealed this decision to the U.S. Supreme Court. In March 2016, the U.S. Supreme Court left intact the state court’s ruling. Bay Area cities started adopting inclusionary zoning in 1973, and were among the first cities in California to begin experimenting with this policy tool. However, 50 Bay Area cities with inclusionary zoning have produced fewer than 7,000 affordable units since 1973. Contrast this with ABAG’s estimate that the region needs 24,217 AH units per year. At current rates, cities with inclusionary zoning will only produce four percent of the regions estimated AH needs for the next eight-year cycle, 2014-2022. Opponents say that IH has had a negative impact on homebuyers, local governments, and builders. They argue that inclusionary zoning has failed to create more AH because price controls do not get to the root of the problem and the real causes of AH shortages are government restrictions. Supply has not kept up with demand due to artificial restrictions attributed to land-use regulation. One recent study found that 90 July 12, 2016 Contra Costa County Board of Supervisors 1567 Contra Costa County 2015-2016 Grand Jury Report 1614 Page 11 Grand Jury Reports are posted at http://www.cc-courts.org/grandjury percent of the difference between physical construction costs and the market price of new homes is land use regulation. A number of cities in the County add substantial fees to the cost of development to pay for additional public benefits or to mitigate inconvenience, traffic and other effects from new housing. Builders call these add-ons the “Christmas Tree List”. These additional costs often act as a deterrent to the development of new AH. When selling a percentage of units at below market, someone must make up that difference. Taxpayers and market rate buyers bear the cost of the mandated affordable units. One of the great advantages of inclusionary zoning programs is that there is not a significant dollar cost to the city for the creation of the affordable home. The corollary is that inclusionary housing works best where the housing market is strong; that is, where private builder/developers want to build because they believe there is strong market potential and that people will buy or rent the homes they bu ild. This June, San Franciscans voted to pass Proposition C, the affordable housing charter amendment. Prop C will double the amount of inclusionary housing that must be included in new, market-rate developments. Twenty-five percent of new apartments or condos would have to be deemed affordable. In addition, Prop C requires developers to include ten percent middle income housing so that San Franciscans such as teachers and nurses can afford to live in the communities they serve. This measure ensures that both low-income and middle-income housing will be built in the same development as luxury condos. Bay Area city and county residents are watching this proposition closely. Density Bonus Law Density bonuses allow more units to be built on a property than would otherwise be allowed under zoning ordinances. In exchange for the density bonus, more AH units must be built. Allowing developers to increase the total number of housing units in a development helps to offset the building costs that the developers incur but cannot recover from the sale of below market price units. Other incentives included under density bonus laws that help make the development of AH economically feasible are:  Reduced parking requirements;  Reduced setback and minimum square footage requirements; and  Ability to donate land for the development of AH to earn a density bonus. These other incentives often are even more helpful to a project than the density bonus itself. Other Incentives Used By Cities 1. Accessory Dwelling Units Under the California Second Unit Law (AB) 866, cities may allow homeowners to build secondary units (known as “in-law” or “granny units”). The purpose is to July 12, 2016 Contra Costa County Board of Supervisors 1568 Contra Costa County 2015-2016 Grand Jury Report 1614 Page 12 Grand Jury Reports are posted at http://www.cc-courts.org/grandjury increase the inventory of very low- and low-income housing without increasing service needs or additional government investment. 2. Infill Housing Infill housing on vacant or underutilized sites within already developed areas is included in many cities’ Housing Element to increase AH. According to an article published by the Greenbelt Alliance, “Strategies for Fiscally Sustainable Infill Housing”: “A city’s costs associated with building more housing are twofold. First, there are the initial costs of building or upgrading the infrastructure to serve the new housing; this may include building new roads, upgrading sewage and water capacity in the area, and building new facilities. Second, cities pay for many of the ongoing public services for the residents in the area, including police, fire, parks, and libraries. These ongoing costs also include operations and maintenance for the roads, sewage, and other infrastructure.” Infill housing can lower both initial and ongoing costs to cities by taking advantage of excess capacities in existing infrastructure and locational efficiencies. 3. Fees Paid by Developers to Fund AH The following fees paid by developers and builders to fund AH are detailed in the cities’ Housing Element laws or Inclusionary Zoning ordinances: a) Housing Impact Fees Developers of market-rate commercial and residential units pay an impact fee based on the square footage or number of new units built in a development. These fees contribute to the development or preservation of AH for residents. b) In Lieu Fees Nearly seventy percent of IH ordinances include an in lieu fee provision for developers. This fee allows developers to pay to the city a dollar amount based on square footage, instead of actually building AH. These fees go into specially designated accounts, segregated from a city’s general fund, and are used for the development of AH units and housing element mandates. These fees can fund programs compatible with AH goals such as rent relief, down payment assistance, or property renovation for sale. In lieu fees give developers a broader choice in implementing AH mandates. They can seal the deal when cities and developers are bargaining for new permits. c) Linkage Fees A portion of the jobs created by new commercial development–hotel, retail, office, etc.–are often low paying. The employees in these positions cannot July 12, 2016 Contra Costa County Board of Supervisors 1569 Contra Costa County 2015-2016 Grand Jury Report 1614 Page 13 Grand Jury Reports are posted at http://www.cc-courts.org/grandjury afford market-rate housing. Commercial linkage fees, also known as job- housing linkage fees, help ameliorate some of the housing impacts generated by such projects. A Job-Housing Nexus Analysis is required to measure the connection between the construction of new commercial buildings, employment, and the need for AH. The analysis ends with a cost per-square foot for that building to provide housing for employees who would live in the locality if they could afford to do so. AH funding available to cities:  Home Investment Partnerships Program (HOME): assists cities, counties, and nonprofit community housing development organizations (CHDOs) to create and retain AH, by for example, rehabilitation, new construction, and acquisition and rehabilitation, for both single-family and multifamily projects, and predevelopment loans by CHDOs. All activities must benefit lower-income renters or owners.  Community Development Block Grant (CDBG): The primary purpose of the CDBG program is to develop viable urban communities by providing decent housing, a suitable living environment, and expanded economic opportunities principally for persons of low income. The County’s goal is to develop and conserve viable communities in areas where blight and disinvestment threaten residents’ safety, vitality, and productivity. These funds contribute to projects that benefit urban County residents.  HOME Investment Partnerships Act (HIPA): The purpose of the HIPA program is to expand the supply of decent, safe, sanitary, and AH for very low and low- income households. The County, as the Urban County representative, and the Cities of Antioch, Concord, Pittsburg, and Walnut Creek, are a group for purposes of participation in the HIPA program. The City of Richmond operates an independent HIPA program. HIPA fund contributions acquire, rehabilitate, and construct housing for lower-income households in the group area. Other programs used by Bay Area Cities to finance AH:  Housing Trust Funds: These funds, sponsored by legislation, ordinance, or resolution, can be earmarked only for AH. The key characteristic of a housing trust fund is that it receives ongoing revenue from dedicated sources of public funding, such as local fees or loan repayments. The key benefit of this type of trust is that it provides an on-going and dedicated source to fund needed housing.  Community Land Trusts: Non-profit community based organizations supported by the city or county whose mission is to provide AH in perpetuity by owning land and leasing it to those who live in houses built on that land. July 12, 2016 Contra Costa County Board of Supervisors 1570 Contra Costa County 2015-2016 Grand Jury Report 1614 Page 14 Grand Jury Reports are posted at http://www.cc-courts.org/grandjury IS THE COUNTY MEETING ITS FAIR SHARE ALLOCATION OF AH? Bay Area Progress in Meeting 2007-2014 RHNA Between 2010 and 2014, County real estate had the highest median price increase (50 percent) in the Bay Area. For the period 2007-2014 RHNA, the County had the best rate of success in the Bay Area in meeting its AH goals at 62 percent, but still fell far short. Of the 27,000 units assigned in the County, less than 16,800 building permits were issued. Most concerning is that in the County, permits issued for the very low and low-income RHNA units were less than 25 percent of allocated need or less than fourteen hundred units. According to East Bay Housing Organizations (EBHO), the County needs 39,759 more affordable rentals to meet immediate demand in the Extremely Low Income (ELI) and July 12, 2016 Contra Costa County Board of Supervisors 1571 Contra Costa County 2015-2016 Grand Jury Report 1614 Page 15 Grand Jury Reports are posted at http://www.cc-courts.org/grandjury Very Low Income (VLI) categories. Please see chart below. Since 2010, the nine counties of the Bay Area have added less than 10,000 units of housing per year, 50 percent of the rate of construction from previous decades. Builders’ key issues/problems with meeting AH goals Builders are the producers of AH. They are key players in bringing the vision and solutions to the housing shortage. They are partners in helping cities achieve their fair share goal of AH. However, loss of government funding, as well as marketplace factors and the Great Recession created the perfect storm, presenting impediments to the construction of AH:  From fiscal year 2008-2009 to fiscal year 2013-2014, the County lost 71 percent of state and federal funding, a loss of over $34 million in redevelopment funds. Redevelopment agencies facilitated the development of AH through land acquisition and transfer, and provision of predevelopment funding. The result is that many cities have closed housing programs and cut staff. July 12, 2016 Contra Costa County Board of Supervisors 1572 Contra Costa County 2015-2016 Grand Jury Report 1614 Page 16 Grand Jury Reports are posted at http://www.cc-courts.org/grandjury  There is a lack of developable land and the land that can be developed is expensive.  Local development standards for height limits, lot coverage maximums, and parking requirements that lead to reduction of the number of units that can be built on a given site impedes construct of AH.  Cities often have a lengthy development application and permit process.  Cities also often require the developers pay add-on fees for infrastructure.  High local development impact fees can add fifty to one hundred thousand dollars in development costs per single-family unit according to the Contra Costa County Consortium’s 2015-2020 Consolidated Plan.  The County has an urban limit line to concentrate development and protect open space. This policy increases the cost of available land, which increases the cost of development.  One of the biggest challenges for builders of price-controlled units is alerting qualified buyers to the availability of low income housing due to a lack of comprehensive and easily-accessible directories for potential renters to gain information about such housing. Some builders estimate that the administrative cost of selling price-controlled homes is about double that spent on market-rate homes. Builders front the direct administrative costs, and the financing costs of carrying unsold inventory while searching for qualified buyers. Results of the Contra Costa Grand Jury 2015-2016 AH Survey of Cities The 19 cities in the County have differing policies and practices pertaining to AH. (See Appendix 1, Survey re AH) Highlights of these policies and practices and the tools used to address their AH shortages include: July 12, 2016 Contra Costa County Board of Supervisors 1573 Contra Costa County 2015-2016 Grand Jury Report 1614 Page 17 Grand Jury Reports are posted at http://www.cc-courts.org/grandjury AH Laws in the County  All cities have a 2015 certified “Housing Element”, which details their respective plans for reaching their RHNA allocation.  All cities have a Density Bonus Ordinance, with the exception of Lafayette, which was considering adopting such an ordinance at the time of this report.  Thirteen cities and the County have restrictions on condominium conversions.  Three cities have ordinances for rent stabilization: Concord, Danville, and Hercules.  None of the cities has a rent control ordinance. Inclusionary Zoning  Fourteen cities and the County have enacted an IH ordinance with a Below Market Rate Policy: Brentwood, Concord, Danville, El Cerrito, Hercules, Martinez, Oakley, Pinole, Pittsburg, Pleasant Hill, Richmond, San Pablo, San Ramon, and Walnut Creek.  Sixteen cities have enacted an IH ordinance with in lieu fees: Brentwood, Clayton, Concord, Danville, El Cerrito, Hercules, Martinez, San Ramon, Walnut Creek, Moraga, Oakley, Pinole, Pittsburg, Pleasant Hill, Richmond, and San Pablo.  The formula for calculating in lieu fees varies by city.  Over one-half of the cities and the County allow builders to pay in lieu fees rather than build AH in new developments.  Half of the cities allow developers of new housing to build AH elsewhere in the city, which is determined by the city.  The threshold number of units above which the city required AH varied from a high of twenty-five (Brentwood) to a low of one (Walnut Creek) with an average of eight. Builder Linkage Fees  Nine cities have Housing Impact fees: Antioch, Brentwood, Hercules, Martinez, Pinole, Pleasant Hill, Richmond, San Pablo, and Walnut Creek.  Seven cities have commercial linkage fees: Antioch, Brentwood, Martinez, Pinole, Richmond, San Ramon, and Walnut Creek. Public Awareness of Availability of AH  Only one city, Brentwood, maintains a list or directory of AH units for rent or sale within the community. All other cities delegate to the builder or developer of the AH property maintenance of the AH list.  Only the city of Brentwood maintains a waiting lists or lists of interested potential candidates for AH in the community. All other cities direct interested residents to contact the AH developer, builder, or management company. July 12, 2016 Contra Costa County Board of Supervisors 1574 Contra Costa County 2015-2016 Grand Jury Report 1614 Page 18 Grand Jury Reports are posted at http://www.cc-courts.org/grandjury  Most affordable ownership housing is provided and managed by developers of for profit market rate housing who are responsible for locating and selling to qualified consumers.  Pleasant Hill is the only city in the survey with no deed restricted housing. Maintaining the affordability of a property that is deed restricted for lower income households is an important element of affordable home program management. Reselling or re-renting deed-restricted units to another qualified household maintains an inventory of AH. (See Table Appendix 2) Anyone looking for AH in the County has to be persistent and patient and access numerous sources of information, repeatedly and often. For example: East Bay Housing Organization’s (EBHO) 2015-2016 AH Guidebook suggests the following for those seeking AH: 1. Frequently check the websites of non-profit developers. 2. Call them and ask for a list of properties, including those in development. If they have an interest list, have your name placed on the list for properties that meet your needs and income level. 3. Get on as many waitlists as you can. When a waitlist opens, call the property. Ask for an application, or go to the property to get an application. Submit it by the deadline. 4. Once you have submitted your applications, let each property know if you move, or change your phone number. In order to remain on a waitlist, you must be in regular contact with the site manager of each property. Ask to find out the best way to do this. 5. Apply to as many AH properties as you can. Be persistent, do not get discouraged, and advocate for more AH in your community. 6. You can also call 211 for help and advice. THE FUTURE: PLAN BAY AREA 2040 The 1.1 million residents of the County have a strong interest in protecting the wealth of features that make it a magnet for people and businesses. ABAG’s Plan Bay Area 2040 looks forward to a sustainable pattern of regional growth that will help preserve the Bay Area’s unique quality of life. The Plan meets the requirements of California’s climate law (Senate Bill 375, Steinberg) to decrease transportation-related greenhouse gas emissions and accommodate all needed housing growth within our region’s borders. July 12, 2016 Contra Costa County Board of Supervisors 1575 Contra Costa County 2015-2016 Grand Jury Report 1614 Page 19 Grand Jury Reports are posted at http://www.cc-courts.org/grandjury From 2010 to 2040, Contra Costa County is projected to experience 11 percent of the regional housing growth, adding an estimated 93,390 homes. The County will also take 11 percent of the region’s job growth, adding an estimated 70,300 jobs, the majority of which will be in PDAs. Both jobs and housing growth will cluster along San Pablo Avenue in the western part of the County, including Richmond, as well as in the suburbs of Antioch, Pittsburg, Walnut Creek, and San Ramon. The most transformative growth will occur at the former Concord Naval Weapons station, where a new Regional Center with over 17,000 jobs and 12,000 homes will rise near BART. July 12, 2016 Contra Costa County Board of Supervisors 1576 Contra Costa County 2015-2016 Grand Jury Report 1614 Page 20 Grand Jury Reports are posted at http://www.cc-courts.org/grandjury Plan Bay Area 2040 recommends mixed-income housing production and locally-led planning in PDAs. PDAs are locally identified, infill development opportunity areas within existing communities. They are generally areas of at least 100 acres where there is local commitment to developing more housing along with amenities and services to meet the day-to-day needs of residents in a pedestrian-friendly environment served by transit. To be eligible to become a PDA, an area has to be within an existing community, near existing or planned fixed transit or served by comparable bus service, and planned for more housing. It is important to note that for purposes of compliance with state law, the requirement is simply that jurisdictions demonstrate that there is adequate zoned capacity by listing possible parcels on which an adequate number of housing units could be built. In other words, these sites are markers for where jurisdictions assure that housing development could go, but not necessarily, where future housing will go. Ultimately, actual development is driven by developer interest, the availability of financing or subsidy sources (in the case of deed-restricted AH), and where developers expect to maximize their investment. PDAs will play a primary role in accommodating expected future growth. Overall, the existing households in the PDAs will increase 115 percent to over 100,000 households by 2040 while employment in Contra Costa PDAs will increase 60 percent to almost July 12, 2016 Contra Costa County Board of Supervisors 1577 Contra Costa County 2015-2016 Grand Jury Report 1614 Page 21 Grand Jury Reports are posted at http://www.cc-courts.org/grandjury 188,000 jobs. About 60 percent of both new employment and new households will occur in PDAs. To view the PDA interactive website go to: http://gis.abag.ca.gov/website/PDAShowcase/ Conclusion We can no longer afford to ignore the housing crisis in the County. AH is imperative as we plan for the future. Middle class families and professionals cannot afford to enter the housing market in the communities in which they work. Evicted renters become homeless, because they cannot afford escalating housing cost increases. The Bay Area News Group reports almost daily about the shortage of AH. Cities and counties do not generally build the houses. However, we look to our city and County boards and planners to lead us into a future community where we can all afford to live and thrive. July 12, 2016 Contra Costa County Board of Supervisors 1578 Contra Costa County 2015-2016 Grand Jury Report 1614 Page 22 Grand Jury Reports are posted at http://www.cc-courts.org/grandjury FINDINGS F1. PDAs recognize the importance of housing near transportation and jobs for developing prosperous communities. F2. Plan Bay Area 2040 seeks to combine transportation, jobs and housing as a solution to the needs of our growing population. F3. While State law mandates that ABAG conduct the RHNA process, a city is not required to subsidize and/or build the units; it is only required to demonstrate that local zoning will not impede development. F4. While State law mandates that ABAG conduct the RHNA process, the County is not required to subsidize and/or build the units. It is only required to demonstrate that local zoning will not impede development. F5. Inclusionary zoning programs provide incentives and regulatory waivers to builders and developers who produce both affordable and market rate homes within the same project. F6. The city’s Inclusionary Housing ordinance helps to provide AH in that city. F7. The County’s Inclusionary Housing ordinance helps to provide AH in the County. F8. Inclusionary Housing Ordinances sometimes include the option for the developer to pay in lieu fees instead of constructing AH units. F9. The city supplements the shortage of funds for AH by requiring builders to pay impact fees, in lieu fees, or other construction and remodeling fees. F10. Infill costs less to service than new development because it takes advantage of the existing infrastructure. F11. The elimination of redevelopment agencies resulted in a reduction of the number of AH units constructed in the city by eliminating a major source of funding for affordable development projects. F12. The city delegates to the builder, owner, or management company of AH properties the responsibility for gathering and validating AH clientele information, as well as maintaining lists of potentially interested buyers. F13. There is no accessible centralized information source for available AH, which compounds the problems created by the AH shortage for those who are searching for affordable housing. July 12, 2016 Contra Costa County Board of Supervisors 1579 Contra Costa County 2015-2016 Grand Jury Report 1614 Page 23 Grand Jury Reports are posted at http://www.cc-courts.org/grandjury RECOMMENDATIONS R1. The city should consider increasing AH in PDAs. R2. The city should consider adopting an Inclusionary Housing Ordinance. R3. The city should explore rehabilitating existing housing stock as AH for purchase or rental, and identify funding to do so. R4. The County should explore rehabilitating existing housing stock as AH for purchase or rental, and identify funding to do so. R5. The city should explore increasing existing “impact fees” or “linkage fees” or enacting such fees in order to generate revenue with which to assist funding of AH. R6. The city should consider designating an employee within the city’s planning or housing department to coordinate with property management to maintain current waiting and interest lists of available AH and ensure information is posted on the city website, and identifying funding to do so. R7. The city should consider seeking federal, state, and local funding sources for AH. R8. The city should consider partnering with for-profit and not-for-profit builders to secure land suitable for AH, and identify funding to do so. R9. The County should consider seeking federal, state, and local funding sources for AH. R10. The County should consider partnering with for-profit and not-for-profit builders to secure land suitable for AH, and identify funding to do so. R11. The city should consider undertaking an education initiative in the earliest phase of affordable planning projects in order to alleviate community concerns regarding AH, and identify funding to do so. R12. The County should consider undertaking an education initiative in the earliest phase of affordable planning projects in order to alleviate community concerns regarding AH, and identify funding to do so. R13. The city should consider identifying all infill and vacant land not in PDAs and encourage use of it for AH through tax incentives, density bonuses, etc. R14. The County should consider identifying all infill and vacant land not in PDAs and encourage use of it for AH through tax incentives, density bonuses, etc. R15. The city should consider creating an easily accessible, online central repository with all relevant information on deed-restricted housing units to assure that inventory of AH is maintained, and identify funding to do so. July 12, 2016 Contra Costa County Board of Supervisors 1580 Contra Costa County 2015-2016 Grand Jury Report 1614 Page 24 Grand Jury Reports are posted at http://www.cc-courts.org/grandjury R16. The County should consider creating an easily accessible, online central repository with all relevant information on deed-restricted housing units to assure that inventory of AH is maintained, and identify funding to do so. REQUIRED RESPONSES Findings Recommendations Contra Costa County Board of Supervisors F1, F2, F4, F5, F7, F10, F13 R4, R9, R10, R12, R14, R16 City Council of Antioch F1 – F3, F5, F6, F8 –F13 R1 – R3, R5 – R8, R11, R13, R15 City Council of Brentwood F1 – F3, F5, F6, F8 –F13 R1 – R3, R5 – R8, R11, R13, R15 City Council of Clayton F1 – F3, F5, F6, F8 –F13 R1 – R3, R5 – R8, R11, R13, R15 City Council of Concord F1 – F3, F5, F6, F8 –F13 R1 – R3, R5 – R8, R11, R13, R15 City Council of Danville F1 – F3, F5, F6, F8 –F13 R1 – R3, R5 – R8, R11, R13, R15 City of Council El Cerrito F1 – F3, F5, F6, F8 –F13 R1 – R3, R5 – R8, R11, R13, R15 City of Council Hercules F1 – F3, F5, F6, F8 –F13 R1 – R3, R5 – R8, R11, R13, R15 City of Council Lafayette F1 – F3, F5, F6, F8 –F13 R1 – R3, R5 – R8, R11, R13, R15 City Council of Martinez F1 – F3, F5, F6, F8 –F13 R1 – R3, R5 – R8, R11, R13, R15 City Council of Moraga F1 – F3, F5, F6, F8 –F13 R1 – R3, R5 – R8, R11, R13, R15 July 12, 2016 Contra Costa County Board of Supervisors 1581 Contra Costa County 2015-2016 Grand Jury Report 1614 Page 25 Grand Jury Reports are posted at http://www.cc-courts.org/grandjury City Council of Oakley F1 – F3, F5, F6, F8 –F13 R1 – R3, R5 – R8, R11, R13, R15 City Council of Orinda F1 – F3, F5, F6, F8 –F13 R1 – R3, R5 – R8, R11, R13, R15 City Council of Pinole F1 – F3, F5, F6, F8 –F13 R1 – R3, R5 – R8, R11, R13, R15 City Council of Pleasant Hill F1 – F3, F5, F6, F8 –F13 R1 – R3, R5 – R8, R11, R13, R15 City Council of Pittsburg F1 – F3, F5, F6, F8 –F13 R1 – R3, R5 – R8, R11, R13, R15 City Council of Richmond F1 – F3, F5, F6, F8 –F13 R1 – R3, R5 – R8, R11, R13, R15 City Council of San Pablo F1 – F3, F5, F6, F8 –F13 R1 – R3, R5 – R8, R11, R13, R15 City Council of San Ramon F1 – F3, F5, F6, F8 –F13 R1 – R3, R5 – R8, R11, R13, R15 City Council of Walnut Creek F1 – F3, F5, F6, F8 –F13 R1 – R3, R5 – R8, R11, R13, R15 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 epant@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 July 12, 2016 Contra Costa County Board of Supervisors 1582 Contra Costa County 2015-2016 Grand Jury Report 1614 Page 26 Grand Jury Reports are posted at http://www.cc-courts.org/grandjury Appendix 1 Contra Costa Civil Grand Jury 2015-2016 Survey re Affordable Housing December 2015 City: Person Responding:_____________________________________ Contact information: (email)___________________________(phone)____________________________ What is the “threshold” number of residential units in a development project above which requires affordable housing? Does (City) require a builder or developer of a new residential project or proposal greater than the “threshold” number of residential units to provide affordable housing within the project? If not within the proposed project or proposal, is the builder or developer required to provide affordable housing elsewhere within (City)? What steps, if any, does (City) take to confirm that a builder or developer is complying with its obligation to provide affordable housing as a component of its development in (City)? What record does (City) maintain regarding compliance by a builder or developer with the obligation to provide affordable housing? If a builder or developer is required to provide affordable housing elsewhere within (City), who determines and how is the alternate location for affordable housing determined? Does the city permit payment of funds by the developer or builder “in lieu” of providing affordable housing? If yes, how and when does this occur? How does (City) calculate the amount of an “in lieu” payment? Does (City) deposit “in lieu” funds into a segregated or “trust account” specifically for “in lieu” funds? If yes, how are “in lieu” funds tracked or accounted for? Has (City) received payment of “in lieu” funds within the period 2007-2014? If yes, what is the total $$ amount of “in lieu” funds received by the City within the period 2007-2014? What is the current “in lieu” $$ balance held by (City)? July 12, 2016 Contra Costa County Board of Supervisors 1583 Contra Costa County 2015-2016 Grand Jury Report 1614 Page 27 Grand Jury Reports are posted at http://www.cc-courts.org/grandjury Does (City) have a plan or protocol for the expenditure of “in lieu” funds, including a time frame within which the funds must be spent and an amount of funds to be spent? If yes, and the plan or protocol is included in an ordinance, please cite or refer to the ordinance by number. Is (City) required to spend those funds on affordable housing within (City) city limits? What is the total $$ amount of “in lieu” funds spent by (City) on affordable housing within the period 2007-2014? Has any affordable housing been constructed in (City) within the period 2007-2014. How many units of affordable housing currently exist in (City) in each of the following income categories? Very Low_________ Low_______ Moderate_________ Above Moderate____________ How many units of affordable housing are deed restricted in (City)? Does (City) maintain a record of inquiries to (City) from candidates for affordable housing? If yes, for how long is such a record maintained? Does (City) maintain a record of responses to inquiries from candidates for affordable housing and referrals of such candidates to appropriate (City) or private resources? If yes, for how long is such a record maintained? How does (City) inform candidates for affordable housing that such housing is or will become available within (City)? Does (City) maintain a central list or waiting list of candidates for affordable housing? If not, is such a waiting list maintained elsewhere or by any entity other than (City)? If a waiting list is maintained, how many people are currently on the waiting list or lists for affordable housing in (City)? Has the number of people on the waiting list for affordable housing changed from 2007 to 2014? If the number has increased, by how much? If the number has decreased, by how much? Does (City) select the management company to manage affordable rental housing within (City)? If yes, what are the criteria used in the selection of the management company? If not, who selects the management company and does (City) have input into the selection of the management company? What is the name of the management company or companies managing affordable housing within (City)? Does (City) require reporting by the management company or July 12, 2016 Contra Costa County Board of Supervisors 1584 Contra Costa County 2015-2016 Grand Jury Report 1614 Page 28 Grand Jury Reports are posted at http://www.cc-courts.org/grandjury companies to (City)? If yes, please provide a copy of the most recent report from each management company. What is the name and contact information of the (City) staff person or department administrator most knowledgeable about affordable housing within (City)? What are the major obstacles to providing affordable housing within (City)? How is (City) addressing these obstacles? July 12, 2016 Contra Costa County Board of Supervisors 1585 Contra Costa County 2015-2016 Grand Jury Report 1614 Page 29 Grand Jury Reports are posted at http://www.cc-courts.org/grandjury Appendix 2 July 12, 2016 Contra Costa County Board of Supervisors 1586 RECOMMENDATION(S): RECEIVE Civil Grand Jury Report No. 1608, entitled "Welfare Fraud in Contra Costa County" (attached), and FORWARD to the County Administrator for response. FISCAL IMPACT: No fiscal impact. BACKGROUND: On June 14, 2016 the 2015/16 Civil Grand Jury filed the above referenced attached report which was received by County Administration on June 23, 2016. 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 20, 2016 (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: 07/12/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I 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 12, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: C.129 To:Board of Supervisors From:David Twa, County Administrator Date:July 12, 2016 Contra Costa County Subject:Civil Grand Jury Report No. 1608, "Welfare Fraud Investigation in Contra Costa County" July 12, 2016 Contra Costa County Board of Supervisors 1587 ATTACHMENTS Grand Jury Report 1608 July 12, 2016 Contra Costa County Board of Supervisors 1588 July 12, 2016Contra Costa County Board of Supervisors1589 July 12, 2016Contra Costa County Board of Supervisors1590 July 12, 2016Contra Costa County Board of Supervisors1591 July 12, 2016Contra Costa County Board of Supervisors1592 July 12, 2016Contra Costa County Board of Supervisors1593 July 12, 2016Contra Costa County Board of Supervisors1594 July 12, 2016Contra Costa County Board of Supervisors1595 July 12, 2016Contra Costa County Board of Supervisors1596 July 12, 2016Contra Costa County Board of Supervisors1597 July 12, 2016Contra Costa County Board of Supervisors1598 July 12, 2016Contra Costa County Board of Supervisors1599 July 12, 2016Contra Costa County Board of Supervisors1600 July 12, 2016Contra Costa County Board of Supervisors1601 July 12, 2016Contra Costa County Board of Supervisors1602 July 12, 2016Contra Costa County Board of Supervisors1603 July 12, 2016Contra Costa County Board of Supervisors1604 July 12, 2016Contra Costa County Board of Supervisors1605 July 12, 2016Contra Costa County Board of Supervisors1606 July 12, 2016Contra Costa County Board of Supervisors1607 July 12, 2016Contra Costa County Board of Supervisors1608 July 12, 2016Contra Costa County Board of Supervisors1609 July 12, 2016Contra Costa County Board of Supervisors1610