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SHASTA COUNTY BOARD OF SUPERVISORS

MEETING AGENDA

About the agenda:


The agenda is divided into two sections: CONSENT CALENDAR:
These are routine items and are usually acted upon at one time
without discussion. REGULAR CALENDAR: These items include
Regular Meeting significant financial, policy, and administrative actions, as well as
Tuesday, August 29, 2023 scheduled public hearings.
9:00 AM
Each agenda item is accompanied by a staff report, which provides
County Administration Center additional background information. Staff reports are available
1450 Court Street, Suite 263 online at ShastaCounty.gov or by scanning the QR code on the left.
Redding, California
To address the Board:
Board Members:
District 1: Kevin W. Crye Please fill out a speaker request form and provide it to the Clerk
District 2: Tim Garman before the meeting begins. Speaker request forms are available at
District 3: Mary Rickert the back of the Board Chambers or online. Each speaker is
District 4: Patrick Jones allocated up to three minutes of speaking time.
District 5: Chris Kelstrom
The Board provides the following opportunities for public comment:
County Executive Officer: • Public Comment-Open Time period, where you may address
David J. Rickert the Board on any matter not listed on the agenda that is
within the subject matter jurisdiction of the Board.
• Opportunity for comments on Consent Calendar items prior
View full agenda packet and to approval of the Consent Calendar.
staff reports for items on today’s • Opportunity for comments on any Regular Calendar item
agenda: before or during the Board’s consideration of that item.

Participating in the meeting:

Your interest is encouraged and appreciated. The Board wishes to


ensure that business is conducted in an orderly fashion and that all
have an equal opportunity to observe and participate in the
proceedings. Each person who addresses the Board of Supervisors
shall not use loud, threatening, profane, or abusive language which
disrupts, disturbs, or otherwise impedes the orderly conduct of the
www.ShastaCounty.gov
Board meeting. Disorderly conduct which disrupts the orderly
conduct of the Board meeting is prohibited.

If the meeting has not concluded by 12:00 p.m., the Board may
recess for 30 minutes and reconvene at 12:30 p.m.

CALL TO ORDER
Invocation: Pastor Paul Schmidt, Liberty Hill Christian Church

Pledge of Allegiance: Supervisor Jones

PUBLIC COMMENT PERIOD - OPEN TIME


During the Public Comment Open Time period, the public may address the Board on any
matter not listed on the agenda that is within the subject matter jurisdiction of the Board of
Supervisors. Each speaker is allocated three minutes to speak.

REGULAR CALENDAR
Members of the public may comment on any item on the Regular Calendar before or during
the Board's consideration of the item. Members of the public may also address matters
scheduled for public hearings at the time such public hearings are opened for comment.
Each speaker is allocated three minutes to speak.

Board Matters

R1 Adopt a Proclamation which recognizes September 2023 as Suicide Prevention


Awareness Month in Shasta County.

No Additional General Fund Impact Simple Majority Vote

R2 Approve a letter to the State of California Attorney General regarding the Zogg
Fire cases prosecuted by the Shasta County District Attorney against PG&E, the
Stipulated Final Civil Judgment in Shasta County Superior Court Case No.
202363, and dismissal of Shasta County criminal case no. 21-006622.

No Additional General Fund Impact Simple Majority Vote

R3 Approve an updated calendar of Board of Supervisors' meetings for the year


2023.

No Additional General Fund Impact Simple Majority Vote

CONSENT CALENDAR
The following Consent Calendar items are expected to be routine and non-controversial.
They may be acted upon by the Board at one time without discussion. Any Board member
or staff member may request that an item be removed from the Consent Calendar for
discussion and consideration. Members of the public may comment on any item on the
Consent Calendar before the Board's consideration of the Consent Calendar. Each speaker is
allocated three minutes to speak.

County Administrative Office

C1 Adopt a resolution which: (1) Authorizes the execution and delivery of an


amendment to the Facility Sublease for the Juvenile Rehabilitations Facility (JRF)
which terminates when the state bonds are fully retired; (2) ratifies prior actions
taken regarding the Project Documents for the JRF project; and (3) designates
authority to execute all remaining necessary actions and documents, including
the Facility Sublease, on behalf of the Board in order to facilitate the state Lease
Revenue Bond Sale.

No Additional General Fund Impact Simple Majority Vote

Auditor-Controller

C2 Receive the Fiscal Year 2022-23 annual report of shortages relieved by the
Auditor-Controller.

General Fund Impact Simple Majority Vote

County Clerk-Elections

C3 Adopt a resolution which authorizes election consolidation of local elections, as


provided by California Elections Code sections 10400 et seq., for local
jurisdictions that have called for a special election on November 7, 2023.

General Fund Impact Simple Majority Vote

Health and Human Services Agency-Administration

C4 Reappoint Dean Germano and Dave Jones to the Partnership HealthPlan of


California Commission.

No Additional General Fund Impact Simple Majority Vote

Health and Human Services Agency-Behavioral Health and Social Services

C5 Approve an amendment to the agreement with California Mental Health Services


Authority’s Behavioral Health Quality Improvement Program for reimbursement
to the County.

No Additional General Fund Impact Simple Majority Vote

C6 Approve a retroactive amendment to the agreement with Kathaleen Waltz, dba


LeBrun Adult Residential Care Facility for adult residential care home services
which increases compensation for total maximum compensation not to exceed
$1,210,000.

No Additional General Fund Impact Simple Majority Vote

Health and Human Services Agency-Economic Mobility

C7 Approve a retroactive evergreen Indemnification Agreement with applicant


Burney Commons LP concerning environmental review for the proposed Burney
Commons multifamily affordable housing project in the town of Burney.
No Additional General Fund Impact Simple Majority Vote

C8 Approve a retroactive evergreen Indemnification Agreement with applicant Rural


Communities Housing Development Corporation concerning environmental
review for the proposed Sunrise Cottages Senior Housing development Project in
the City of Anderson.

No Additional General Fund Impact Simple Majority Vote

C9 Approve a retroactive evergreen Indemnification Agreement with applicant


Shasta Lake Downtown Housing LP concerning environmental review for the
proposed Shasta Lake Apartments affordable mixed-used development housing
project in the City of Shasta Lake.

No Additional General Fund Impact Simple Majority Vote

Probation

C10 Approve a renewal agreement with Marcia Ramstrom, M.S. dba Lotus
Educational Services for Mental Health First Aid, safeTALK trainings, and Skills
for Managing Stress Workshops.

No Additional General Fund Impact Simple Majority Vote

C11 Approve a retroactive renewal agreement with the City of Redding through its
Martin Luther King, Jr. Center for youth prevention programs and services.

No Additional General Fund Impact Simple Majority Vote

Public Works

C12 Approve a retroactive renewal agreement with Valsoft Corporation Inc., dba
Cascade Software for Cost Accounting Management System technical support.

No General Fund Impact Simple Majority Vote

C13 Take the following actions: (1) Reject the “Cottonwood Active Transportation
Trunk Line Express Project,” Contract No. 704047, (“Project”) on the basis of
public opposition; (2) find rejection of the Project exempt from the California
Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines sections
15061(b)(4) and 15270(a); (3) direct staff to file a Notice of Exemption with the
Shasta County Clerk; and (4) designate authority to sign all documents
necessary to terminate the Project.

No General Fund Impact Simple Majority Vote

C14 Award and approve the purchase of one 2024 Dodge Ram 5500 truck with
options to Crown Motors of Redding, under Sourcewell Contract #080818-HPI.
No General Fund Impact Simple Majority Vote

C15 Approve the following budget amendments: (1) Increase appropriations and
revenue by $320,000 in the Land Buildings and Improvements (LB&I) Budget
(BU 166); (2) adjust appropriations by $50,000 in the Detention Annex/Work
Facility Budget (BU 246) from Account 033791 to Account 095166; (3) adjust
appropriations by $60,000 in the Burney Substation Budget (BU 261) from
Account 033791 to Account 095166; (4) adjust appropriations by $110,000 in
the CSA No. 1 Fire Protection Administration Budget (BU 391) from Account
033791 to Account 095166; (5) adjust appropriations by $60,000 in the Public
Defender Administration Budget (BU 207) from Account 033791 to Account
095166; and (6) adjust appropriations by $40,000 in the Public Health Budget
(BU 411) from Account 033791 to Account 095166.

No Additional General Fund Impact 4/5 Vote

C16 Approve and authorize the Public Works Director to sign a Notice of Completion
for the “County Service Area No. 6 Jones Valley Water Meter Replacement,
Backwash Pump Installation, and SCADA Improvement Project, Schedule A-
Water Meter Replacements Project,” Contract No. 610858, and record it within
15 days of actual completion.

No Additional General Fund Impact Simple Majority Vote

C17 Approve a contract with Western Indoor Environmental Services for heating
ventilation and air conditioning services resulting from Request for Quotes 23-
23.

No Additional General Fund Impact Simple Majority Vote

C18 Approve the Fleet Vehicle Bids to purchase Fiscal Year 2023-24 Fleet vehicles.

No Additional General Fund Impact Simple Majority Vote

Sheriff

C19 Take the following actions: (1) Accept a grant from the Department of Health
Care Services for planning and implementing mandated California Advancing and
Innovating Medi-Cal Initiative PATH Justice-Involved program (Grant) in the
amount of $3,500,000; (2) designate signing authority to execute documents
directly related to the Grant; and (3) approve a budget amendment increasing
appropriations and revenue in the Sheriff-Jail Budget (BU 260) by $350,000.

No Additional General Fund Impact 4/5 Vote

REGULAR CALENDAR, CONTINUED

County Administrative Office


R4 Take the following actions: (1) Receive an update from the County Executive
Officer on County issues and consider action on specific legislation related to
Shasta County's legislative platform; (2) approve a letter of support for Senate
Bill 403 which would amend sections of Civil and Government Code to expand
definitions of several anti-discrimination statutes and protected characteristics;
(3) approve a letter of opposition for Senate Bill 553 which would amend the
Labor Code and establish a workplace violence regulation; and (4) receive
Supervisors' reports on countywide issues.

No General Fund Impact Simple Majority Vote

R5 Approve the proposed responses to the Shasta County Grand Jury Fiscal Year
2022-23 Report entitled "SHASTA COUNTY CARES."

No Additional General Fund Impact Simple Majority Vote

R6 Adopt a resolution which: (1) Establishes property tax exchange terms related to
the annexation of unincorporated territory into the Fall River Valley Fire
Protection District; and (2) designates authority to sign any documents related
to the implementation of the resolution.

No Additional General Fund Impact Simple Majority Vote

Resource Management

R7 Adopt a resolution which establishes a steering committee concerning planning


efforts for the Palo Cedro area and find that this action is not a project as
defined by the State California Environmental Quality Act (CEQA) Guidelines
section 15378 and is, therefore, not subject to CEQA.

No Additional General Fund Impact Simple Majority Vote

SCHEDULED HEARINGS
A court challenge to action taken by the Board of Supervisors on any project or decision
may be limited to only those issues raised during the public hearing or in written
correspondence delivered to the Board of Supervisors during, or prior to, the scheduled
public hearing.

County Administrative Office

R8 Take the following actions: (1) Conduct a public hearing; (2) adopt a resolution
which: (a) finds that, for Fiscal Year (FY) 2022-23, the subvention payment the
County received from the State of California pursuant to the Open Space
Subvention Act was less than one-half of the County’s actual foregone General
Fund property tax revenue that resulted from Williamson Act contracts; and (b)
states the Board’s decision to implement Government Code section 51244(b)
and Government Code section 51244.3 effective January 1, 2024; (3) direct staff
to notify all Williamson Act contracted landowners of the following: (a) the final
decision of the Board of Supervisors after the conclusion of the August 29, 2023,
public hearing on whether to implement the Assembly Bill (AB) 1265/Senate Bill
(SB) 1353 provisions; and (b) the landowner’s right to prevent the reduction in
the term of his or her contract due to the implementation of the AB 1265/SB
1353 provisions by serving notice of non-renewal as specified by Government
Code sections 51244, 51245 and Shasta County Resolution No. 2011-103; and
(4) direct the County Administrative Office, Assessor-Recorder, Auditor-
Controller, Tax Collector and Director of Resource Management to take all
necessary steps to implement AB 1265/SB 1353 including but not limited to
recording a notice that states the affected parcel numbers and current owner’s
names, making the appropriate additions to all affected properties assessed
values, and modifying the FY 2023-24 tax bills to reflect the assessment changes
associated with the reduced tax benefit.

General Fund Impact Simple Majority Vote

CLOSED SESSION ANNOUNCEMENT


The Board of Supervisors will recess to a Closed Session to discuss the following items
(estimated 1 hour 20 minutes):

R9 PUBLIC EMPLOYEE APPOINTMENT


(Government Code section 54957):

Title: County Counsel

R10 CONFERENCE WITH LABOR NEGOTIATOR


(Government Code section 54957.6):

Agency Designated Representatives:


County Executive Officer David J. Rickert
Personnel Director Monica Fugitt

Unrepresented Position:
Title: County Counsel

R11 CONFERENCE WITH LABOR NEGOTIATOR


(Government Code section 54957.6):

Agency Negotiators:
County Executive Officer David J. Rickert
Personnel Director Monica Fugitt

Employee Organizations:
Deputy Sheriffs Association – Deputy Sheriff, Sergeant and District
Attorney Investigators
Deputy Sheriffs Association – Correctional Officer-Deputy Sheriffs
United Public Employees of California, Local 792 – General Unit
United Public Employees of California, Local 792 – Professional Unit
R12 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Government Code section 54956.9, subdivision (d), paragraph (1)):

Names of Cases:
Samuel Forsht v. County of Shasta, et al.
Robert A. Gibbs v. J. Webb, et al.

R13 PUBLIC EMPLOYEE APPOINTMENT


(Government Code section 54957):

Title: Health Officer

R14 CONFERENCE WITH LABOR NEGOTIATOR


(Government Code section 54957.6):

Agency Designated Representatives:


Acting County Counsel Matthew McOmber
Personnel Director Monica Fugitt

Unrepresented Position:
Title: Health Officer

ADJOURN

ACCESSIBILITY: Reasonable accommodations will be made for individuals with disabilities in


order to participate in the public meeting, with any doubt being resolved in favor of accessibility.
If you would like to request an accommodation for accessibility, please contact the Clerk of the
Board at (530) 225-5550. To better enable us to assist you, please contact us with your request
at least 24 hours prior to the meeting.

COMMUNICATIONS: Communications received by the Board of Supervisors are on file and


available for review in the Clerk of the Board's Office. Public records which relate to any of the
matters on this agenda (except Closed Session items), and which have been distributed to the
members of the Board, are available for public inspection at the office of the Clerk of the Board
of Supervisors, 1450 Court Street, Suite 308B, Redding, CA 96001-1673.

FIND MEETING INFORMATION ONLINE: The Board of Supervisors meetings are viewable
via livestream and archived recording on Shasta County's website at
https://www.shastacounty.gov/clerk-board/page/meeting-videos.

Agendas, minutes, and other Board of Supervisors documents are also available online.
The County of Shasta does not discriminate on the basis of disability in admission to,
access to, or operation of its buildings, facilities, programs, services, or activities. The
County does not discriminate on the basis of disability in its hiring or employment
practices. Questions, complaints, or requests for additional information regarding the
Americans with Disabilities Act (ADA) may be forwarded to the County's ADA
Coordinator: Director of Support Services, County of Shasta, 1450 Court Street, Room
348, Redding, CA 96001-1676, Phone: (530) 225-5515, California Relay Service:
(800) 735-2922, Fax: (530) 225-5345, E-mail: adacoordinator@co.shasta.ca.us.
Individuals with disabilities who need auxiliary aids and/or services for effective
communication in the County's programs and services are invited to make their needs
and preferences known to the affected department or the ADA Coordinator. For aids
or services needed for effective communication during Board of Supervisors
meetings, please call Clerk of the Board (530) 225-5550 at least 24 hours before the
meeting. This notice is available in accessible alternate formats from the affected
department or the ADA Coordinator. Accommodations may include, but are not limited
to, interpreters, assistive listening devices, accessible seating, or documentation in
an alternate format.
REPORT TO SHASTA COUNTY BOARD OF SUPERVISORS

BOARD MEETING DATE: August 29, 2023

CATEGORY: Consent Calendar

SUBJECT: Adopt a Proclamation which recognizes September 2023 as Suicide Prevention


Awareness Month in Shasta County.

DEPARTMENT: Health and Human Services Agency-Public Health

SUPERVISORIAL DISTRICT #: All

DEPARTMENT CONTACT: Robin Schurig MPH, CPH, Public Health Branch Director, (530) 245-6869

STAFF REPORT APPROVED BY: Robin Schurig, HHSA Branch Director

Vote Required? General Fund Impact?


Simple Majority Vote No Additional General Fund Impact

RECOMMENDATION
Adopt a proclamation which designates September 2023 as “Suicide Prevention Awareness Month” in Shasta County.

DISCUSSION
Suicide Prevention Awareness Month has been recognized in the month of September for many years, and September 10th has been
officially proclaimed as World Suicide Prevention Day in the United States and is recognized across the world as such. The purpose
of observing Suicide Prevention Month is to help raise awareness of the impact of suicide across the country and in our communities,
reduce stigma about mental health and suicide, promote suicide prevention education and resources, and inspire the hope that lives
can be saved from suicide.

In the United States, suicide is the second leading cause of death among those age 10-14, and the third leading cause of death for
those age 15-24. It is the fifteenth leading cause of death, worldwide. At a local level, Shasta County’s age-adjusted suicide death
rate from 2019-2021 (25.6, per 100,000 individuals) is more than double California’s suicide death rate (10.3, per 100,000
individuals) from the same time period. Local data indicates that men and individuals 85+ years old are most impacted by suicide,
and firearms are the most frequently used means in suicide deaths in Shasta County.

It is important to acknowledge that suicide has a ripple effect that impacts families and entire populations. This impact is especially
noticeable in small communities like Shasta County. When we understand and recognize that suicide affects all of us, we can come
together to reduce stigma, encourage those that are struggling to reach out for support, and help everyone in our community find
their role in preventing suicide.

ALTERNATIVES
The Board could choose not to accept this report, defer consideration to a future date, or request changes to the report and/or
proclamation.

OTHER AGENCY INVOLVEMENT

The recommendation and proclamation have been reviewed by the County Administrative Office.

Page 1
FISCAL IMPACT
HHSA Public Health’s FY 2023-2024 Adopted Budget includes the anticipated expenditures and revenue associated with this
proclamation, which are minimal and otherwise incorporated into broader suicide prevention activities. There is no additional
General Fund impact with approval of the recommendation.

ATTACHMENTS:
1: Proclamation

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Shasta County Board of Supervisors
Proclamation
Suicide Prevention Month
September 2023
WHEREAS, the month of September is National Suicide Prevention Month, a time in
which individuals, organizations, and communities in Shasta County and around the country
join their voices to amplify the message that suicide can be prevented; and

WHEREAS, it is recognized that people of all ages benefit from the common
foundations of wellness, such as access to effective health and behavioral health care, social
support, and a sense of meaning and purpose; and

WHEREAS, attitudes and perceptions about behavioral health challenges and suicide
in Shasta County have a significant impact on individual wellness and the willingness to
reach out for support and services that can alleviate distress; and

WHEREAS, cultivating and maintaining wellness and social connectedness in Shasta


County is accomplished through community action to prevent or reduce the severity of a
broad range of health and behavioral health concerns; and

WHEREAS, knowing the signs of suicide, finding the words to talk with someone that
may be thinking of suicide, reaching out to local resources, and sharing those resources are
actions everyone can take to care for themselves and others; and

WHEREAS, all Shasta County residents and organizations are urged to take action for
suicide prevention and promote mental health and wellness as we strive to create a
community safe from suicide; and

WHEREAS, September is recognized across the United States as Suicide Prevention


Month, providing the opportunity to educate and engage everyone in our community to find
their role in suicide prevention.

NOW, THEREFORE, BE IT RESOLVED that the Shasta County Board of


Supervisors hereby proclaims the month of September 2023 as SUICIDE PREVENTION
MONTH in Shasta County.

Patrick Jones, Chair

August 29, 2023


Date
REPORT TO SHASTA COUNTY BOARD OF SUPERVISORS

BOARD MEETING DATE: August 29, 2023

CATEGORY: Board Matters

SUBJECT: Approve a letter to the State of California Attorney General regarding the Zogg Fire
cases prosecuted by the Shasta County District Attorney against PG&E, the Stipulated
Final Civil Judgment in Shasta County Superior Court Case No. 202363, and dismissal
of Shasta County criminal case no. 21-006622.

DEPARTMENT: Clerk of the Board

SUPERVISORIAL DISTRICT #: All

DEPARTMENT CONTACT: Stefany Blankenship, Chief Deputy Clerk of the Board, (530) 225-5550

STAFF REPORT APPROVED BY: Stewart Buettell, Deputy County Executive Officer

Vote Required? General Fund Impact?


Simple Majority Vote No Additional General Fund Impact

RECOMMENDATION
Approve a letter to the State of California Attorney General regarding the Zogg Fire cases prosecuted by the Shasta County District
Attorney against PG&E, the Stipulated Final Civil Judgment in Shasta County Superior Court Case No. 202363, and dismissal of
Shasta County criminal case no. 21-006622.

DISCUSSION
As requested by the Board at the Board of Supervisors meeting of August 15, 2023, consider approving a letter to send to the
Attorney General regarding the Pacific Gas & Electric Zogg Fire Settlement of the civil prosecution case (Stipulated Final Civil
Judgement, Shasta County Superior Court Case No. 202363) and criminal case handled by the District Attorney on behalf of the
People of the State of California.

ALTERNATIVES
The Board could choose to make amendments to the letter before sending it or decline to send the letter.

OTHER AGENCY INVOLVEMENT


N/A

FISCAL IMPACT
N/A

ATTACHMENTS:
1: Proposed Letter to Attorney General

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SHASTA COUNTY
BOARD OF SUPERVISORS
1450 Court Street, Suite 308B KEVIN W. CRYE, DISTRICT 1
Redding, California 96001-1673 TIM GARMAN, DISTRICT 2
(530) 225-5557 MARY RICKERT, DISTRICT 3
(800) 479-8009 PATRICK JONES, DISTRICT 4
(530) 229-8238 FAX CHRIS KELSTROM, DISTRICT 5
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REPORT TO SHASTA COUNTY BOARD OF SUPERVISORS

BOARD MEETING DATE: August 29, 2023

CATEGORY: Board Matters

SUBJECT: Approve an updated calendar of Board of Supervisors' meetings for the year 2023.

DEPARTMENT: Clerk of the Board

SUPERVISORIAL DISTRICT #: All

DEPARTMENT CONTACT: Stefany Blankenship, Chief Deputy Clerk of the Board (530) 225-5550

STAFF REPORT APPROVED BY: Stewart Buettell, Deputy County Executive Officer

Vote Required? General Fund Impact?


Simple Majority Vote No Additional General Fund Impact

RECOMMENDATION
Approve an updated calendar of Board of Supervisors' meetings for the year 2023.

DISCUSSION
Per Administrative Policy 1-101, staff have advised the chairman that there are five or fewer items requesting action by the Board
on the proposed agenda for September 5, 2023. At the request of the chairman, staff have prepared a revised 2023 meeting calendar
for Board consideration. Amendments include the cancellation of the regularly scheduled Board of Supervisors' evening meeting
on September 5, 2023, and the addition of a regularly scheduled Board of Supervisors' evening meeting on Tuesday, October 24,
2023, at 5:30 p.m.

ALTERNATIVES
The Board could decide to not make changes to the 2023 meeting calendar or may choose a meeting date different from what
Staff have proposed.

OTHER AGENCY INVOLVEMENT


The County Administrative Office has reviewed the recommendation.

FISCAL IMPACT
There is no General Fund Impact associated with this item.

ATTACHMENTS:
1: Approved 2023 Board of Supervisors Meeting Calendar
2: Proposed 2023 Board of Supervisors Meeting Calendar

Page 1
Shasta County Board of Supervisors
2023 Meeting Calendar

January February March


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23 24 25 26 27 28 29 28 H 30 31 25 26 27 28 29 30
30

July August September


S M T W T F S S M T W T F S S M T W T F S
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2 3 H 5 6 7 8 6 7 8 9 10 H 12 3 H 5* 6 7 8 9
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23 24 25 26 27 28 29 27 28 29 30 31 24 25 26 27 28 29 30
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29 30 31 26 27 28 29 30 24 H H 27 28 29 30
31

H Holiday Scheduled Meeting * Indicates 5:30 PM start time


Shasta County Board of Supervisors
2023 Meeting Calendar

January February March


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April May June


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16 17 18* 19 20 21 22 21 22 23 24 25 26 27 18 19 20 21 22 23 24
23 24 25 26 27 28 29 28 H 30 31 25 26 27 28 29 30
30

July August September


S M T W T F S S M T W T F S S M T W T F S
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2 3 H 5 6 7 8 6 7 8 9 10 H 12 3 H 5 6 7 8 9
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October November December


S M T W T F S S M T W T F S S M T W T F S
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8 9 10 11 12 13 14 5 6 7 8 9 H 11 3 4 5 6 7 8 9
15 16 17 18 19 20 21 12 13 14 15 16 17 18 10 11 12 13 14 15 16
22 23 24* 25 26 27 28 19 20 21 22 H H 25 17 18 19 20 21 22 23
29 30 31 26 27 28 29 30 24 H H 27 28 29 30
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H Holiday Scheduled Meeting * Indicates 5:30 PM start time


REPORT TO SHASTA COUNTY BOARD OF SUPERVISORS

BOARD MEETING DATE: August 29, 2023

CATEGORY: Consent Calendar

SUBJECT: Adopt a resolution which: (1) Authorizes the execution and delivery of an amendment
to the Facility Sublease for the Juvenile Rehabilitations Facility (JRF) which terminates
when the state bonds are fully retired; (2) ratifies prior actions taken regarding the Project
Documents for the JRF project; and (3) designates authority to execute all remaining
necessary actions and documents, including the Facility Sublease, on behalf of the Board
in order to facilitate the state Lease Revenue Bond Sale.

DEPARTMENT: County Administrative Office

SUPERVISORIAL DISTRICT #: All

DEPARTMENT CONTACT: Jenn Rossi, Senior Administrative Analyst (530) 225-5561

STAFF REPORT APPROVED BY: David J. Rickert, County Executive Officer

Vote Required? General Fund Impact?


Simple Majority Vote No Additional General Fund Impact

RECOMMENDATION
Adopt a resolution which: (1) Authorizes the execution and delivery of an amendment to the Facility Sublease for the Juvenile
Rehabilitation Facility (JRF) and which terminates when the state bonds are fully retired; (2) ratifies prior actions taken regarding
the Project Documents for the JRF project; (3) designates authority to execute all remaining necessary actions and documents,
including the Facility Sublease, on behalf of the Board in order to facilitate the state Lease Revenue Bond Sale.

DISCUSSION

Page 1
The Juvenile Rehabilitation Facility (JRF) was constructed to replace the old Juvenile Hall facility funded through 2007 Local
Youthful Offender Rehabilitative Facility Construction Funding Program Senate Bill (SB)81.

On December 16, 2008, the Board approved the submission of a funding application. On March 24, 2009, the state conditionally
awarded to the County 14 million for the JRF Project. On April 21, 2009, the Board accepted the award and established the project
fund in the amount of 2.5 million to fund the ineligible expenses and the County’s match requirements. On July 22, 2009, the state
conditionally awarded full funding in the requested amount of $15,050,000. On July 29, 2009, the Board approved an agreement
with Nichols, Melburg & Rossetto for architecture services. On August 24, 2010, the Board approved an agreement with Kitchell
CEM for construction management services and on December 14, 2010, adopted the California Environmental Quality Act
determination of a mitigated negative declaration. On July 19, 2011, the Board approved project deliver and funding agreements
(Project Documents) with the state. On December 13, 2011, the Board approved the plans and specifications and authorized
advertising for bids for construction. On January 27, 2012, bids were received and opened. On February 7, 2012, the Board approved
the construction contract with Roebbelen and a budget amendment. On March 27, 2012, the state approved the County to proceed
with construction and the project broke ground on April 23, 2012.

The sale of the state Lease Revenue Bonds through 2007 Local Youthful Offender Rehabilitative Facility Construction Funding
Program (SB 81) requires additional coordination between all involved state agencies and the County Executive Officer acting on
behalf of the Board. Preparation of the Lease Revenue Bond documentation (part of the Project Documents) by the Board of State
and Community Corrections (BSCC), California Department of Corrections and Rehabilitation, Department of Finance, the State
Public Works Board, and other state agencies and their bond counsel is underway.

The County was notified that the Shasta County SB 81 Project has been selected to be part of the 2023 Fall Bond Sale to
Refund/Refinance the bonds sold as part of 2013 Series F. To coordinate the bond sale, the State required the Tax Exempt
Questionnaire to be completed as well as the Unrecorded Rights Certification prior to the Board’s consideration of adopting the
Resolution to designate authority. Therefore, Project documents have been provided and a resolution is requested to ensure the state
Lease Revenue Bond Sale proceeds as planned.

ALTERNATIVES
In order to comply with the requirements of the state Lease Revenue Bond Sale, there are no viable alternatives.

OTHER AGENCY INVOLVEMENT


County Counsel has reviewed the resolution and has approved the amendment as to form. Risk Management has approved the
amendment. The Recommendation has been written by the County Administrative Office.

FISCAL IMPACT
There is no fiscal impact with the recommended action. The state is selling their Bond which is expected to save the state money.
There is significant County exposure should the Board decline the recommended actions.

ATTACHMENTS:
1: Resolution
2. 2013 F Series Sublease
3. 2013 F Series Lease
4. Redline-Facility Sublease
5. Amendment to Facility Sublease
6. 2023 Bond Sale Tax Exempt Form
7. 2023 Bond Sale REVISED Tax Exempt Form
8. Executed Unrecorded Rights Certification

Page 2
RESOLUTION NO. 2023-______

RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SHASTA


AUTHORIZING THE EXECUTION AND DELIVERY OF AN AMENDMENT TO
FACILITY SUBLEASE FOR THE SHASTA JUVENILE FACILITY AND AUTHORIZING
CERTAIN ACTIONS IN CONNECTION THEREWITH

WHEREAS, the County of Shasta (the “County”) has leased to the Department of Corrections
and Rehabilitation of the State of California (the “Department”) certain real property (the “Site”)
described in Exhibit B to that certain Ground Lease dated as of October 14, 2011 (the “Ground Lease”)
by and between the County, as landlord, and the Department, as tenant, and consented to by the State
Public Works Board of the State of California (the “Board”); and

WHEREAS, a local jail facility, commonly known as the Shasta Juvenile Facility described in
Exhibit A hereto (the “Project”) has been constructed on the Site; and

WHEREAS, the Board issued its Lease Revenue Bonds (Department of Corrections and
Rehabilitation) 2013 Series F (Various Correctional Facilities) (the “2013 Bonds”) to finance and
refinance a portion of the costs of the Project, as authorized by the State Building Construction Act of
1955 (being Part 10b of Division 3 of Title 2 of the California Government Code commencing at Section
15800); and

WHEREAS, in connection with the issuance of the 2013 Bonds, the Department leased the Site
to the Board pursuant to the terms of a Site Lease between the Board and the Department and the Board
leased the Site and the Project (together, the “Facility”) to the Department pursuant to the terms of a
Facility Lease entered into by and between the Department and the Board; and

WHEREAS, upon the issuance of the 2013 Bonds, the County and the Department entered into
a Facility Sublease (the “Facility Sublease”), pursuant to which the Department leased the Facility to
the County for the County to operate and maintain the Facility; and

WHEREAS, the Board intends to issue refunding bonds (the “Bonds”) to refund the 2013
Bonds, and to facilitate the issuance of the Bonds the County and the Department intend to enter into an
amendment to the Facility Sublease (the “Amendment to Facility Sublease”), the form of which has
been presented to the Board of Supervisors for approval at the meeting at which this resolution is being
adopted;

NOW, THEREFORE, THE BOARD OF SUPERVISORS OF THE COUNTY OF SHASTA


HEREBY FINDS, DETERMINES, RESOLVES, AND ORDERS AS FOLLOWS:

SECTION 1. Each of the foregoing recitals is true and correct.

SECTION 2. The form of the Amendment to Facility Sublease presented at this meeting is
hereby approved. Each of the Chair of the Board of Supervisors and the County Executive Officer, or
their designees (or any acting or interim of such positions) (collectively, the “Authorized Officers”),
acting alone, is hereby authorized for and in the name of the County to execute, and the Clerk of the
Board of Supervisors is authorized to attest, the Amendment to Facility Sublease, in substantially the
form hereby approved, with such additions thereto and changes therein as are required by the
Department or the Board as conditions to the issuance of the Bonds. Approval of such changes shall be
conclusively evidenced by the execution and delivery thereof by any one of the Authorized Officers

1
each of whom, acting alone, is authorized to approve such changes. Each of the Authorized Officers is
further authorized to execute, acknowledge and deliver any and all documents required to consummate
the transactions contemplated by the Amendment to Facility Sublease.

SECTION 3. The County affirms that the Ground Lease remains in full force and effect and
enforceable against the County in accordance with its terms.

SECTION 4. Each of the Authorized Officers and the other officers of the County, acting
alone, is hereby authorized to do any and all things and to execute and deliver any and all documents,
certificates (including tax certificates), opinions and agreements which they may deem necessary and
advisable in order to consummate the execution and delivery of the Amendment to Facility Sublease
and the issuance of the Bonds and otherwise effectuate the purposes of this Resolution. In the event that
the Clerk of the Board of Supervisors is unavailable or unable to execute and deliver any of the above-
referenced documents, any deputy clerk may validly execute and deliver such document.

SECTION 5. This Resolution shall take effect from and after its date of adoption.

DULY PASSED AND ADOPTED this 29th day of August 2023, by the Board of Supervisors
of the County of Shasta by the following vote:

AYES: X
NOES: X
ABSENT: X
ABSTAIN: X
RECUSE: X

PATRICK JONES, CHAIR


Board of Supervisors
County of Shasta
State of California
ATTEST:

DAVID J. RICKERT
Clerk of the Board of Supervisors

By:
Deputy

2
EXHIBIT A
DESCRIPTION OF PROJECT

Shasta Juvenile Facility: The Shasta Juvenile Rehabilitation Center (the “Shasta Project”) is located
within the City of Redding in Shasta County on approximately 5 acres of county-owned land. The
Shasta Project consisted of the design and construction of a new, two-story juvenile commitment
center. The Shasta Project is approximately 43,300 square feet and consists of three housing units
and all necessary associated administration, security, health care treatment, program, and support
services space. This project includes, but is not limited to, electrical; plumbing; mechanical;
computerized heating, ventilation, and air conditioning; security; and fire protection systems. The
Shasta Project also includes a secured shared outdoor recreation area that serves all three housing
units. Approximately 100 parking spaces are also provided for both staff and visitor parking as part
of this project. The staff parking area includes security fencing and a gate with access control.

The exterior walls of the Shasta Project and the interior cell walls are constructed of fully
grouted concrete blocks. The floor is a concrete slab on grade and roof areas are framed with steel
beams supporting concrete placed on steel deck, with roofing and insulation above. The Shasta
Project is equipped with fire alarm, intercom, radio, telephone, door control, and personal duress
systems and also includes an emergency power backup system to accommodate fire and life safety,
security, and operational functions in the event primary power goes out. Construction of the Shasta
Project was completed October 2013.

3
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

STRADLING YOCCA CARLSON & RAUTH


660 Newport Center Drive, Suite 1600
Newport Beach, California 92660
Attention: Robert J. Whalen, Esq.
[Space above for Recorder’s use.]

FACILITY SUBLEASE

by and between the

DEPARTMENT OF CORRECTIONS AND REHABILITATION


OF THE STATE OF CALIFORNIA,
as Sublessor

and

COUNTY OF SHASTA,
as Sublessee

Dated as of October 1, 2013

SHASTA JUVENILE FACILITY


(SHASTA COUNTY)

NO DOCUMENTARY TRANSFER TAX DUE. This


Facility Sublease is recorded for the benefit of the State of
California and is exempt from California documentary
transfer tax pursuant to Section 11928 of the California
Revenue and Taxation Code and from recording fees pursuant
to Sections 6103 and 27383 of the California Government
Code.

DOCSOC/1635220v7/024238-0045
TABLE OF CONTENTS

SECTION 1. Definitions 2
SECTION 2. Sublease of the Facility to the Participating County Subject to Facility
Lease 2
SECTION 3. Term 2
SECTION 4. Consideration and Conflict between Documents 2
SECTION 5. Purpose and Use 32
SECTION 6. Obligations of Participating County 3
SECTION 7. Insurance 43
SECTION 8. Assignment or, Subletting of Facility or Third Party Use 5
SECTION 9. Hazardous Materials 6
SECTION 10. Termination, Breach, Default and Damages 7
SECTION 11. Additions, Betterments, Extensions or Improvements; Prohibition Against
Encumbrance 10
SECTION 12. Continuing Disclosure 11
SECTION 13. Status of Private Activity Use of the Facility 11
SECTION 14. Tax Covenants 11
SECTION 15. No Merger 12
SECTION 16. Waste 12
SECTION 17. Amendments 12
SECTION 18. Waiver 12
SECTION 19. Non-Liability of the Department and other State Entities 12
SECTION 20. Indemnification 13
SECTION 21. Law Governing 13
SECTION 22. Headings 13
SECTION 23. Notices 13
SECTION 24. Successors and Assigns 14
SECTION 25. Validity and Severability 14
SECTION 26. Execution 14
SECTION 27. Multiple Originals 14
SECTION 28. Net Lease 14
SECTION 29. Board as Third Party Beneficiary 15
SECTION 30. Effect of Substitution 15
Signatures S-1

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DOCSOC/1635220v7/024238-0045
EXHIBIT A LEGAL DESCRIPTION OF SITE A-1

ii
DOCSOC/1635220v7/024238 0045
FACILITY SUBLEASE

This Sublease (this “Facility Sublease”), dated as of October 1, 2013, is made and entered
into by and between the DEPARTMENT OF CORRECTIONS AND REHABILITATION OF THE
STATE OF CALIFORNIA, as sublessor (the “Department”) and the COUNTY OF SHASTA, a
political subdivision of the State of California, as sublessee (the “Participating County”).

RECITALS

WHEREAS, pursuant to Article 3 of Chapter 1.5 of Division 2.5 of the California Welfare
and Institutions Code (the “Law”), the State Public Works Board (the “Board”) is authorized to
finance the acquisition, design, renovation and construction of a local youthful offender
rehabilitative facility approved by the Corrections Standards Authority1 (the “CSA”) pursuant to
Section 1975 of the Welfare and Institutions Code of the State (the “SB 81 Financing Program”); and

WHEREAS, the Participating County, the Board, the Department and the CSA have
previously entered into that certain Project Delivery and Construction Agreement dated as of
September 9, 2011 (the “Project Agreement”) with respect to the construction of a youthful offender
rehabilitative facility (the “Project”); and

WHEREAS, pursuant to the provisions of the Project Agreement the Participating County
has constructed the Project, which is located at 2684 Radio Lane, Redding, California 96001, on the
real property described in Exhibit A hereto (the “Site”), fee title to which is owned by the
Participating County; and

WHEREAS, the Participating County, as fee owner of the Site, has leased the Site to the
Department pursuant to a Ground Lease, dated October 14, 2011, executed by and between the
Participating County, as landlord, and the Department, as tenant, and consented to by the Board, and
recorded on November 14, 2011 in the Official Records of the County of Shasta as Document No.
2011-0034809 (the “Ground Lease”); and

WHEREAS, pursuant to the Law, the Board has issued its State Public Works Board of the
State of California Lease Revenue Refunding Bonds (Department of Corrections and Rehabilitation)
20132023 Series FC (Various Correctional FacilitiesCapital Projects) (the “Bonds”) to finance the
Project, in conjunction with which the Department, as lessor and the Board, as lessee, entered into a
site lease, dated as of October 1, 2013, by and between the Board and the Department relating to the
Facility, as amended from time to time (the “Site Lease”), providing for the sublease of the Site to
the Board, and the Board, as sublessor, and the Department, as sublessee, entered into a facility
lease, dated as of October 1, 2013, by and between the Board and the Department relating to the
Facility, as amended from time to time (the “Facility Lease”), providing for the leasing of the Site
and the Project to the Department (the Site, together with the Project, the “Facility”); and

WHEREAS, the Site Lease and the Facility Lease will provide security for the Bonds which
have been issued by the Board under an indenture dated as of AprilOctober 1, 1994, as amended by
the Tenth Supplemental Indenture, dated as of September 1, 1996, the Forty-Second Supplemental

1
Pursuant to Penal Code Section 6024, as of July 1, 2012, the Corrections Standards Authority was abolished and replaced by the Board of
State and Community Corrections.

1
DOCSOC/1635220v7/024238 0045
Indenture, dated as of October 1, 2002, the Fifty-Second Supplemental Indenture, dated as of
October 15, 2004, and the Ninety-Third Supplemental Indenture, dated as of October 12, 2009
(collectively the “Master Indenture”), to provide for the issuance of lease revenue bonds pursuant to
the terms of the Master Indenture, as supplemented by the One Hundred Twentieth Supplemental
Indenture (together with the Master Indenture, 2023 (the “Indenture”) between the Board and the
Treasurer of the State of California, as trustee (the “State Treasurer”); and

WHEREAS, the Department, pursuant to the Law, is authorized to enter into one or more
subleases and/or contracts with the Participating County; and

WHEREAS, the Participating County, as sublessee, will be responsible for all the
maintenance and operating costs for the Facility; and

WHEREAS, payment of the principal of and interest on the Bonds will be made through
rental payments made under the Facility Lease by the Department from annual appropriations to the
Department included in the State budget, but the costs of operating and maintaining the Facility will
be paid by the Participating County; and

WHEREAS, it is the intent of the parties that, upon the payment in full of the Bonds and all
other indebtedness incurred by the Board for the Project, if any, the Ground Lease, the Site Lease,
the Facility Lease and this Facility Sublease will terminate in accordance with their respective terms
and fee title to the Project will vest in the Participating County pursuant to the terms and conditions
in the Ground Lease.

NOW THEREFORE, the parties hereto mutually agree as follows:

SECTION 1. Definitions. Unless otherwise required by the context, all capitalized terms
used herein and not defined herein shall have the meanings assigned such terms in the Facility Lease
or the Indenture.

SECTION 2. Sublease of the Facility to the Participating County Subject to Facility


Lease. The Participating County hereby leases the Facility from the Department, and the
Department hereby leases the Facility to the Participating County, on the terms and conditions
hereinafter set forth, subject to all easements, encumbrances and restrictions of record, including
without limitation, the terms and conditions of the Site Lease. This Facility Sublease is in all
respects subordinate and subject to the Facility Lease. The Participating County covenants it shall
continuously operate and maintain the Facility and shall have no right to abandon the Facility.

SECTION 3. Term. The term of this Facility Sublease shall commence on the date of
initial issuance and delivery of the Bonds and shall terminate on the same date as the Facility Lease,
unless such term is extended by the parties hereto, or unless sooner terminated as provided herein,
provided, however, except as set forth in Section 10(b) or (c), no termination of this Facility
Sublease shall occur until all the Bonds and all other indebtedness incurred by the Board for the
Project, if any, have been fully repaid.

SECTION 4. Consideration and Conflict between Documents. The Department makes


this Facility Sublease in consideration for the public benefit to the State of California (the “State”)
provided by the Project, which is described in Welfare and Institutions Code Section 1977, and for
undertaking by the Participating County of the financial obligations required under this Facility

2
DOCSOC/1635220v7/024238 0045
Sublease. This Facility Sublease is subject to the terms of the Ground Lease, Site Lease and Facility
Lease and in the event of a conflict between this Facility Sublease and any of the Ground Lease, Site
Lease or the Facility Lease, the provisions of the Ground Lease, Site Lease or the Facility Lease, as
the case may be, shall control.

SECTION 5. Purpose and Use. The Site shall be used by the Participating County for the
purpose of staffing, operating and maintaining the Project and appurtenances related thereto, in order
to provide the Project and for such other purposes as may be ancillary and related thereto for State
and local criminal justice agencies. The Participating County shall be required to obtain the prior
written consent of the Department and the Board for any change in use of the Facility, or any part
thereof and at the request of the Department or the Board, the Participating County shall furnish the
Department and the Board with an opinion of nationally recognized bond counsel acceptable to the
Board to the effect that such change in use will not, in and of itself, cause the interest on the Bonds to
be included in gross income for federal income tax purposes.

SECTION 6. Obligations of Participating County.

(a) Maintenance, Repair, Replacement and Utilities. The Participating County


shall, at its own cost and expense, pay for all maintenance and repair, both ordinary and
extraordinary, of the Facility. The Participating County shall at all times maintain, or otherwise
arrange for the maintenance of, the Facility in good condition, and the Participating County shall pay
for, or otherwise arrange for, the payment of all utility services supplied to the Facility, and shall pay
for, or otherwise arrange for, the payment of the costs of the repair and replacement of the Facility
resulting from ordinary or extraordinary wear and tear or want of care on the part of the Participating
County or any other cause (except for a catastrophic uninsured loss), and shall pay for, or otherwise
arrange for, the payment of any insurance policies, except those provided by the Department
pursuant to the Facility Lease.

(b) Rent. The Department shall pay all Base Rental and Additional Rental as
defined in and as required under the Facility Lease. The Participating County shall pay upon the
order of the Department or the Board as rent hereunder such amounts, if any, in each year as shall be
required by the Department or Board for the payment of all applicable taxes and assessments of any
type or nature assessed or levied by any governmental agency or entity having power to levy taxes or
assessments charged to the Department, the Board or the State Treasurer affecting or relating to the
Facility or their respective interests or estates therein. Except for the Base Rental and Additional
Rental obligations and insurance obligations as specified in the Facility Lease, the Department shall
have no duty under this Facility Sublease to pay for any other costs to maintain and operate the
Facility. The rent required under this Section 6(b) shall be abated proportionately during any period
in which the Department’s obligation to pay rent under the Facility Lease shall be abated.

The Participating County shall submit to the Department within 15 Business Days of the
adoption of the Participating County’s budget each year, a copy of its approved and authorized
budget that details the amounts allocated to maintain and operate the Facility, including any reserves.
On September 1 of each year during the term of this Facility Sublease, the Department shall submit a
report to the Board including a summary of the information provided by the Participating County as
set forth in this paragraph. This report shall be in a form approved by the Board and shall incorporate
any other summary to be provided by the Department pursuant to the terms of any facility sublease
entered into by the Department in connection with facilities constructed pursuant to the Law, as
applicable.

3
DOCSOC/1635220v7/024238 0045
SECTION 7. Insurance.

(a) Insurance Obligations of the Department. The Department will pay or cause
to be paid the cost of all insurance required to be maintained under the Facility Lease. The
Participating County will not be required to pay or reimburse the Department or any other State
agency for these insurance costs or any deductible paid by the State. The Department will provide,
or cause to be provided, proof of insurance coverage to the Participating County upon request of the
Participating County.

In the event of (i) damage or destruction of the Facility caused by the perils covered
by the insurance required under the Facility Lease and (ii) if the Board elects, under the terms of the
Facility Lease and the Indenture, to redeem the outstanding Bonds, and (iii) if any insurance
proceeds remain after the Bonds have been redeemed and such remaining proceeds are not needed
under the terms of the Indenture, and (iv) such funds are distributed to the Department, then the
Department agrees to distribute such funds to the Participating County.

The Department will not insure the Participating County’s equipment, stored goods,
other personal property, fixtures, or tenant improvements, nor such personal property owned by
Participating County’s, subtenants or assigns, if any, or invitees. The Department shall not be
required to repair any injury or damage to any personal property or trade fixtures installed in the
Facility by the Participating County caused by fire or other casualty, or to replace any such personal
property or trade fixtures. The Participating County may, at its sole option and expense, obtain
physical damage insurance covering its equipment, stored goods, other personal property, fixtures or
tenant improvement or obtain business interruption insurance.

To the extent permitted by law, the Department and the Participating County agree to
release the other and waive their rights of recovery against the other for damage to the Facility or
their respective property at the Facility arising from perils insured under any commercial property
insurance listed in this Facility Sublease or the Facility Lease. The property insurance policies of the
Department and the Participating County shall contain a waiver of subrogation endorsement in favor
of the other.

(b) Insurance Obligations of the Participating County. The Participating County,


at its own cost and expense, shall secure and maintain or cause to be secured and maintained from an
insurance company or companies approved to do business in the State of California and maintain
during the entire term of this Facility Sublease, the following insurance coverage for the Facility:

(1) General liability insurance in an amount not less than one million
Dollars ($1,000,000) per occurrence. Evidence of such insurance shall be on a General Liability
Special Endorsement form and should provide coverage for premises and operations, contractual,
personal injury and fire legal liability;

(2) By signing this Facility Sublease, the Participating County hereby


certifies that it is aware of the provisions of Section 3700, et seq., of the California Labor Code
which require every employer to be insured against liability for Workers’ Compensation or to
undertake self-insurance in accordance with the provisions of that Code, and that it will comply, and
it will cause its subtenants and assignees to comply, with such provisions at all such times as they
may apply during the term of this Facility Sublease.

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DOCSOC/1635220v7/024238 0045
(3) Auto insurance (written on ISO policy form CA 00 01 or its
equivalent) with a limit of not less than one million dollars ($1,000,000) per occurrence. Such
insurance shall include coverage for all “owned,” “hired” and “non-owned” vehicles or coverage for
any auto.

(c) Additional Insureds. The Participating County agrees that the Department
and the Board and their officers, agents and employees shall be included as additional insureds in all
insurance required herein.

(d) Insurance Certificate. The Participating County shall submit or cause to be


submitted to the Department, by no later than June 30th of each year, a certificate of insurance or
other evidence of insurance in a form satisfactory to the Department demonstrating that the insurance
required to be maintained by the Participating County hereunder is in full force and effect.

(e) Self-Insurance. Notwithstanding any other provision of this Section, the


Participating County may satisfy the insurance obligations hereunder by a combination of
commercial insurance, formal risk pooling under California statutory provisions, and/or a self-funded
loss reserve in whatever proportions are deemed appropriate by the Participating County and
acceptable to the Department and the Board. The Participating County shall furnish the Department
and the Board with a certificate or other written evidence of the Participating County’s election to
provide or cause to be provided all or part of its coverage under a risk pooling, risk retention, or
self-insurance program or any combination thereof.

SECTION 8. Assignment or, Subletting of Facility or Third Party Use.

(a) The Participating County shall not sublet or, assign or allow any third party,
including but not limited to the federal government or any agency or instrumentality thereof, to use
any portion of the Facility, or permit its subtenants, assignees or third party users to sublet or assign
portions of the Facility, without obtaining the prior written consent and approval of the Department
and the Board, which may be granted or denied in their sole discretion, to the form and substance of
such sublease and the sublessee, and, provided further, that any such sublease, assignment or use
agreement shall be subject to the following conditions:

(1) Any sublease of, assignment or use agreement related to the Facility
entered into or consented to by the Participating County shall explicitly provide that such
subleaseagreement is subject to all rights of the Board under the Facility Lease, including, the
Board’s right to re-enter and re-let the Facility or terminate the Facility Lease upon a default by the
Department and to all rights of the Department under this Facility Sublease including, the
Department’s right to re-enter and re-let the Facility or terminate this Facility Sublease upon a
default by the Participating County; and

(2) At the request of the Department or the Board, the Participating


County shall furnish the Department and the Board with an opinion of nationally recognized bond
counsel acceptable to the Board to the effect that such sublease, assignment or use agreement will
not, in and of itself, cause the interest on the Bonds to be included in gross income for federal
income tax purposes.

(b) The Participating County acknowledges that, if the Department breaches the
terms of the Facility Lease, a remedy for such breach available to the Board under the Facility Lease

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DOCSOC/1635220v7/024238 0045
is to enter and re-let the Facility to an entity other than the Department. If the Board, at its
discretion, chooses to exercise this remedy, the Board agrees that its first offer to relet the Facility
shall be made to the Participating County; provided, however, the terms of such offer shall be
determined at the sole reasonable discretion of the Board.

(c) This Facility Sublease shall not be subordinated to any sublease, assignment
or use agreement.

SECTION 9. Hazardous Materials. The Participating County shall fully disclose in


writing to the Department and the Board the existence, extent and nature of any Hazardous Materials
(defined below), substances, wastes or other environmentally regulated substances, of which the
Participating County has actual knowledge relative to the Facility. The Participating County further
warrants, covenants and represents that it will promptly notify the Department and the Board in
writing of any change in the nature or extent of any Hazardous Materials, substances or wastes
maintained on, in, around or under the Facility or used in connection therewith, of which the
Participating County gains actual knowledge, and will transmit to the Department and the Board
copies of any citations, orders, notices or other material governmental or other communication
received by the Participating County with respect to any other Hazardous Materials, substances,
wastes or other environmentally regulated substances affecting the Facility. The Participating
County shall ensure (as to itself), and shall use its best efforts to ensure (as to its contractors,
consultants, sublessees and other agents), that all activities of the Participating County or any
officers, employees, contractors, consultants, sublessees, or any other agents of the Participating
County performed at the Facility will be in full compliance with all Environmental Laws, and further
agrees that neither the Participating County nor its contractors, consultants, sublessees, agents,
officers or employees will engage in any management of solid wastes or Hazardous Materials at the
Facility which constitutes noncompliance with or a violation of any Environmental Law. If there is a
release of Hazardous Materials on or beneath the Facility which constitutes noncompliance with or a
violation of any Environmental Law, the Participating County shall promptly take all action
necessary to investigate and remedy such release.

The Participating County shall defend, indemnify and hold the State of California, including,
but not limited to, the Department, the Board and their officers, directors, agents, employees and
successors and assigns (each, an “Indemnified Party” and, together, the “Indemnified Parties”)
harmless from and against any and all damages, penalties, fines, claims, liens, suits, liabilities, costs
(including cleanup costs), judgments and expenses (including attorneys’, consultants’, or experts’
fees and expenses of every kind and nature) suffered by or asserted against one or more of the
Indemnified Parties as a direct or indirect result of any warranty or representation made by the
Participating County in the preceding paragraph being false or untrue in any material respect or the
breach of any obligation of the Participating County in the preceding paragraph or as a result of any
act or omission on the part of the Participating County or any contractor, consultant, sublessee or
other agent of the Participating County which constitutes noncompliance with or a violation of any
Environmental Law. The indemnification obligations set forth in this paragraph shall survive any
termination of this Facility Sublease.

“Hazardous Materials” means any substance, material, or waste which is or becomes, prior to
the date of execution and delivery hereof, regulated by any local governmental authority, the State of
California, or the United States Government, including, but not limited to, any material or substance
which is (i) defined as a “hazardous substance”, “hazardous material”, “toxic substance”, “solid
waste”, “pollutant or contaminant”, “hazardous waste”, “extremely hazardous waste”, or “restricted

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hazardous waste” under the Comprehensive Environmental Response, Compensation and Liability
Act of 1980 (“CERCLA”) [42 U.S.C.A §§ 9601 et seq.]; the Resource Conservation and Recovery
Act of 1976 (“RCRA”) [42 U.S.C.A §§ 6901 et seq.]; the Clean Water Act, also known as the
Federal Water Pollution Control Act (“FWPCA”) [33 U.S.C.A §§ 1251 et seq.]; the Toxic
Substances Control Act (“TSCA”) [15 U.S.C.A §§ 2601 et seq.]; the Federal Insecticide, Fungicide,
Rodenticide Act [7 U.S.C.A §§ 136 et seq.]; the Superfund Amendments and Reauthorization Act
[42 U.S.C.A §§ 9601 et seq.]; the Clean Air Act [42 U.S.C.A §§ 7401 et seq.]; the Safe Drinking
Water Act [42 U.S.C.A §§ 300f et seq.]; the Solid Waste Disposal Act [42 U.S.C.A §§ 6901 et seq.];
the Surface Mining Control and Reclamation Act [30 U.S.C.A §§ 1201 et seq.]; the Emergency
Planning and Community Right-to-Know Act [42 U.S.C.A §§ 11001 et seq.]; the Occupational
Safety and Health Act [29 U.S.C.A §§ 655 and 657]; the California Underground Storage of
Hazardous Substances Act [Health & Saf. Code §§ 25280 et seq.]; the California Hazardous
Substances Account Act [Health & Saf. Code §§ 25300 et seq.]; the California Hazardous Waste
Control Act [Health & Saf. Code §§ 25100 et seq.]; the California Safe Drinking Water and Toxic
Enforcement Act [Health & Saf. Code §§ 25249.5 et seq.]; the Porter-Cologne Water Quality Act
[Wat. Code §§ 13000 et seq.], including without limitation, Sections 25115, 25117 or 25122.7 of the
California Health and Safety Code, or listed pursuant to Section 25140 of the California Health and
Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law), (ii) defined as “hazardous
substance” under Section 25316 of the California Health and Safety Code, Division 20, Chapter 6.8
(Carpenter-Presley-Talmer Hazardous Substance Account Act), (iii) defined as a “hazardous
material”, “hazardous substance”, or “hazardous waste” under Section 25501 of the California
Health and Safety Code.

“Environmental Laws” means any federal, state or local law, statute, code, ordinance,
regulation, requirement or rule relating to Hazardous Materials to which the Participating County or
the Facility is subject, including all those laws referenced above in the definition of Hazardous
Materials.

SECTION 10. Termination, Breach, Default and Damages.

(a) This Facility Sublease shall terminate upon the occurrence of the expiration
of the lease term as set forth in Section 3.

(b) If the Participating County shall fail to keep, observe or perform any term,
covenant or condition contained herein to be kept or performed by the Participating County for a
period of sixty (60) days after notice of the same has been given to the Participating County by the
Department or the Board or for such additional time as is reasonably required, in the sole discretion
of the Department, with the consent of the Board, to correct any of the same, the Participating
County shall be deemed to be in default hereunder and it shall be lawful for the Department to
exercise any and all remedies available pursuant to law or granted pursuant to this Facility Sublease.
Upon any such default, the Department, in addition to all other rights and remedies it may have at
law, shall, with the consent of the Board, have the option to do any of the following:

(1) To terminate this Facility Sublease in the manner hereinafter provided


on account of default by the Participating County, notwithstanding any re-entry or re-letting of the
Facility as hereinafter provided for in subparagraph (2) hereof, and to re-enter the Facility and
remove all persons in possession thereof and all personal property whatsoever situated upon the
Facility and place such personal property in storage in any warehouse or other suitable place. In the
event of such termination, the Participating County agrees to immediately surrender possession of

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the Facility, without let or hindrance, and to pay the Department and the Board all damages
recoverable at law that the Department may incur by reason of default by the Participating County,
including, without limitation, any costs, loss or damage whatsoever arising out of, in connection
with, or incident to any such re-entry upon the Facility and removal and storage of such property by
the Department or its duly authorized agents in accordance with the provisions herein contained.
Neither notice to deliver up possession of the Facility given pursuant to law nor any entry or re-entry
by the Department nor any proceeding in unlawful detainer, or otherwise, brought by the Department
for the purpose of effecting such re-entry or obtaining possession of the Facility, nor the appointment
of a receiver upon initiative of the Department to protect the Board’s interest under the Facility
Lease shall of itself operate to terminate this Facility Sublease, and no termination of this Facility
Sublease on account of default by the Participating County shall be or become effective by operation
of law or acts of the parties hereto, or otherwise, unless and until the Department shall have given
written notice to the Participating County of the election on the part of the Department to terminate
this Facility Sublease. The Participating County covenants and agrees that no surrender of the
Facility or of the remainder of the term hereof or any termination of this Facility Sublease shall be
valid in any manner or for any purpose whatsoever unless stated or accepted by the Department by
such written notice.

(2) Without terminating this Facility Sublease, (i) to enforce any term or
provision to be kept or performed by the Participating County or (ii) to exercise any and all rights of
entry and re-entry upon the Facility. In the event the Department does not elect to terminate this
Facility Sublease in the manner provided for in subparagraph (1) hereof, the Participating County
shall remain liable and agrees to keep or perform all covenants and conditions herein contained to be
kept or performed by the Participating County, and notwithstanding any entry or re-entry by the
Department or suit in unlawful detainer, or otherwise, brought by the Department for the purpose of
effecting a re-entry or obtaining possession of the Facility. Should the Department elect to re-enter
as herein provided, the Participating County hereby irrevocably appoints the Department as the agent
and attorney-in-fact of the Participating County to re-let the Facility, or any part thereof, from time
to time, either in the Department’s name or otherwise, upon such terms and conditions and for such
use and period as the Department may deem advisable and to remove all persons in possession
thereof and all personal property whatsoever situated upon the Facility and to place such personal
property in storage in any warehouse or other suitable place, for the account of and at the expense of
the Participating County, and the Participating County hereby exempts and agrees to save harmless
the Department from any costs, loss or damage whatsoever arising out of, in connection with, or
incident to any such re-entry upon and re-letting of the Facility and removal and storage of such
property by the Department or its duly authorized agents in accordance with the provisions herein
contained except for any such costs, loss or damage resulting from the intentional or negligent
actions of the Department or its agents. The Participating County agrees that the terms of this
Facility Sublease constitute full and sufficient notice of the right of the Department to re-let the
Facility in the event of such re-entry without effecting a surrender of this Facility Sublease. The
Participating County further agrees that no acts of the Department in effecting such re-letting shall
constitute a surrender or termination of this Facility Sublease irrespective of the use or the term for
which such re-letting is made or the terms and conditions of such re-letting, or otherwise, but that, on
the contrary, in the event of such default by the Participating County the right to terminate this
Facility Sublease shall vest in the Department to be effected in the sole and exclusive manner
provided for in subparagraph (1) hereof. The Participating County further agrees to pay the
Department the cost of any alterations or additions to the Facility necessary to place the Facility in
condition for re-letting immediately upon notice to the Participating County of the completion and
installation of such additions or alterations.

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(c) This Facility Sublease may be terminated at the option of the Board if the
Board determines to exercise its right to enter and re-let the Facility under the Facility Lease
pursuant to a default by the Department thereunder.

(d) In addition to any default resulting from breach by the Participating County
of any term or covenant of this Facility Sublease, if (1) the Participating County’s interest in this
Facility Sublease or any part thereof be assigned, sublet or transferred without the prior written
consent to the Department and the Board, either voluntarily or by operation of law, or (2) the
Participating County or any assignee shall file any petition or institute any proceedings under any act
or acts, state or federal, dealing with or relating to the subject of bankruptcy or insolvency or under
any amendment of such act or acts, either as a bankrupt or as an insolvent or as a debtor or in any
similar capacity, wherein or whereby the Participating County asks or seeks or prays to be
adjudicated as bankrupt, or is to be discharged from any or all of the Participating County’s debts or
obligations, or offers to the Participating County’s creditors to effect a composition or extension of
time to pay the Participating County’s debts, or asks, seeks or prays for a reorganization or to effect a
plan of reorganization or for a readjustment of the Participating County’s debts or for any other
similar relief, or if any such petition or if any such proceedings of the same or similar kind or
character be filed or be instituted or taken against the Participating County, or if a receiver of the
business or of the property or assets of the Participating County shall be appointed by any court,
except a receiver appointed at the insistence or request of the Department or the Board, or if the
Participating County shall make a general or any assignment for the benefit of the Participating
County’s creditors, or (3) the Participating County shall abandon the Facility, then the Participating
County shall be deemed to be in default hereunder.

(e) The Department shall in no event be in default in the performance of any of


its obligations hereunder unless and until the Department shall have failed to perform such
obligations within sixty (60) days or such additional time as is reasonably required to correct any
such default after notice by the Participating County to the Department that the Department has
failed to perform any such obligation.

(f) The Participating County hereby waives any and all claims for damages
caused or which may be caused by the Department in re-entering and taking possession of the
Facility as herein provided and all claims for damages that may result from the destruction of or
injury to the Facility and all claims for damages to or loss of any property belonging to the
Department, or any other person, that may be in or upon the Facility, except for such claims resulting
from the intentional or negligent actions of the Department or its agents.

Each and all of the remedies given to the Department hereunder or by any law now or
hereafter enacted are cumulative and the single or partial exercise of any right, power or privilege
hereunder shall not impair the right of the Department to other or further exercise thereof or the
exercise of any or all other rights, powers or privileges. The term “re-let” or “re-letting” as used in
this Section shall include, but not be limited to, re-letting by means of the operation or other
utilization by the Department of the Facility. If any statute or rule of law validly shall limit the
remedies given to the Department hereunder, the Department nevertheless shall be entitled to
whatever remedies are allowable under any statute or rule of law.

In the event the Department shall prevail in any action brought to enforce any of the terms
and provisions of this Facility Sublease, the Participating County agrees to pay reasonable attorney’s
fees incurred by the Department in attempting to enforce any of the remedies available to the

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Department hereunder; whether or not a lawsuit has been filed and whether or not any lawsuit
culminates in a judgment.

SECTION 11. Additions, Betterments, Extensions or Improvements; Prohibition Against


Encumbrance.

(a) Subject to the limitations set forth in this Section 11, at its sole cost and
expense, the Participating County shall have the right during the term of this Facility Sublease to
make additions, betterments, extensions or improvements to the Facility or to attach fixtures,
structures or signs to the Facility if such additions, betterments, extensions or improvements or
fixtures, structures or signs are necessary or beneficial for the use of the Facility by the Participating
County; provided, however, that any such changes to the Facility shall be made in a manner that does
not result in an abatement of the rental hereunder or the rental due from the Department under the
Facility Lease.

(b) If any proposed additions, betterments, extensions or improvements of the


Facility require approval by the Board of State and Community Corrections, the Participating County
shall, concurrently with the request for such approval(s), request the approval of the Department and
the Board to such additions, betterments, extensions or improvements. The Participating County
acknowledges the commencement of such additions, betterments, extensions or improvements shall
be subject to receipt by the Participating County of the Board’s approval thereto. In the event the
Participating County shall at any time during the term of this Facility Sublease cause any additions,
betterments, extensions or improvements to the Facility to be acquired or constructed or materials to
be supplied in or upon the Facility, the Participating County shall pay or cause to be paid when due
all sums of money that may become due, or purporting to be due for any labor, services, materials,
supplies or equipment furnished or alleged to have been furnished to or for the Participating County
in, upon or about the Facility and shall keep the Facility free of any and all mechanics’ or
materialmen’s liens or other liens against the Facility or the Department’s or the Board’s interest
therein. In the event any such lien attaches to or is filed against the Facility or the Department’s or
the Board’s interest therein, the Participating County shall cause each such lien to be fully
discharged and released at the time the performance of any obligation secured by any such lien
matures or becomes due, except that if the Participating County desires to contest any such lien it
may do so. If any such lien shall be reduced to final judgment and such judgment or such process as
may be issued for the enforcement thereof is not promptly stayed, or if so stayed and said stay
thereafter expires, the Participating County shall forthwith pay or cause to be paid and discharged
such judgment. In accordance with Section 20, the Participating County agrees to and shall, to the
maximum extent permitted by law, defend, indemnify and hold the Department, the Board, the State
Treasurer and their officers, directors, agents, employees, successors and assigns harmless from and
against and defend each of them against any claim, demand, loss, damage, liability or expense
(including attorneys’ fees) as a result of any such lien or claim of lien against the Facility or the
Department’s or the Board’s interest therein.

(c) The Participating County agrees it will not create or suffer to be created any
recorded or unrecorded mortgage, pledge, lien, charge, easement, rights of way or other rights,
reservations, covenants, conditions, restrictions or encumbrance upon the Facility except Permitted
Encumbrances (defined below).

The term “Permitted Encumbrances” means as of any particular time: (1) liens for general ad
valorem taxes and assessments, if any, not then delinquent; (2) the Site Lease and the Facility Lease,

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as they may be amended from time to time; (3) easements, rights of way, mineral rights, drilling
rights and other rights, reservations, covenants, conditions or restrictions, all of a non-monetary
nature, which exist of record as of the date of issuance of the Bonds; (4) easements, rights of way,
mineral rights, drilling rights and other rights, reservations, covenants, conditions or restrictions, all
of a non-monetary nature, established following the date of issuance of the Bonds and to which the
Board consents in writing; and (5) subleases approved by the Board in accordance with Section 8
hereof.

(d) The Department hereby covenants and agrees that, except as set forth in
Sections 8 and 10, neither this Facility Sublease nor any interest of either party in this Facility
Sublease shall be sold, mortgaged, pledged, assigned, or transferred by voluntary act or by operation
of law or otherwise.

(e) The Participating County shall not in any manner impair, impede, or
challenge the security, rights and benefits of the owners of the Bonds or the trustee for the Bonds.

SECTION 12. Continuing Disclosure. The Participating County hereby covenants and
agrees that it will fully cooperate with the Department, the Board and the State Treasurer so that they
can comply with and carry out all of the provisions of the Continuing Disclosure Agreement and will
provide all information reasonably requested by the Department, the Board or the State Treasurer
regarding the Facility, in connection with continuing disclosure obligations. The Participating
County further covenants to provide notice to the Department, the Board and the State Treasurer
within five Business Days of the occurrence of any event which causes any portion of the Facility
not to be available for beneficial use or occupancy by the Participating County.

SECTION 13. Status of Private Activity Use of the Facility. The Participating County
hereby covenants and agrees to provide information to the Department and the Board by January 31
of each year regarding the private activity use, if any, of the Facility. Any such private use must be
consistent with the Participating County’s covenants pursuant to Section 14 hereof. The information
that must be updated annually is set forth in the Tax Certificate that was executed and delivered by
the Board upon the initial issuance of the Bonds and acknowledged to by the Participating County in
its certificate attached to the Tax Certificate.

SECTION 14. Tax Covenants.

(a) The Participating County covenants that it will not use or permit any use of
the Facility, and shall not take or permit to be taken any other action or actions, which would cause
any Bond to be a “private activity bond” within the meaning of Section 141 of the Internal Revenue
Code of 1986, as amended; and any applicable regulations promulgated from time to time
thereunder. The Participating County further covenants that it will not take any action or fail to take
any action, if such action or the failure to take such action would adversely affect the exclusion from
gross income for federal income tax purposes of interest on the Bonds.

(b) The Participating County covenants that it will not use or permit more than
10% of (i) the proceeds of the Bonds or the Project to be used in the aggregate for any activities that
constitute a “Private Use” (as such term is defined in paragraph (d) below). The Participating
County covenants that it will not cause more than 10% of the principal of or interest on the Bonds
under the terms thereof or any underlying arrangement, to be secured by any interest in property

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(whether or not the Project) used for a Private Use or in payments in respect of property used for a
Private Use, or which will be derived from payments in respect of property used for a Private Use.

(c) The Participating County covenants that it shall not take or permit to be taken
any action or actions which would cause more than 5% of the proceeds of the Bonds or the Project to
be used for a Private Use that is unrelated or disproportionate to the governmental use of the
proceeds of the Bonds (an “Unrelated or Disproportionate Use”) or to cause more than 5% of the
principal of or interest on the Bonds to be directly or indirectly secured by any interest in property
used or to be used for a Private Use that is an Unrelated or Disproportionate Use or in payments in
respect of property used or to be used for a Private Use that is an Unrelated or Disproportionate Use.

(d) The term “Private Use” means any activity that constitutes a trade or business
that is carried on by persons or entities other than a “governmental person,” which is defined within
Treasury Regulation Section 1.141 1(b) as a state or local governmental unit or any instrumentality
thereof. A “governmental person” does not include the United States or any agency or
instrumentality thereof. The leasing of property financed or refinanced with proceeds of the Bonds
or the use by or the access of a person or entity other than a governmental unit to property or services
on a basis other than as a member of the general public shall constitute a Private Use. Private Use
may also result from certain management and service contracts as described in paragraph (e) below.

(e) The Participating County will not enter into any arrangement with any person
or entity other than a state or local governmental unit which provides for such person to manage,
operate, or provide services with respect to the Facility (or any portion thereof) (a “Service
Contract”), unless the guidelines set forth in Revenue Procedure 97-13, as modified by Revenue
Procedure 2001-39 (the “Guidelines”), are satisfied and the Board, in its discretion, consents to such
Service Contract.

(f) The Participating County covenants to maintain records relating to the Project
as required by Sections 7.1 and 7.2 of the Project Agreement and such other records as are required
to be maintained by it in accordance with the Tax Certificate.

SECTION 15. No Merger. The parties hereto intend that there shall be no merger of any
estate or interest created by this Facility Sublease with any other estate or interest in the Facility, or
any part thereof, by reason of the fact that the same party may acquire or hold all or any part of the
estate or interest in the Facility created by this Facility Sublease as well as another estate or interest
in the Facility.

SECTION 16. Waste. The Participating County shall not commit, suffer, or permit any
waste or nuisance on or within the Facility or any acts to be done thereon in violation of any laws or
ordinances.

SECTION 17. Amendments. This Facility Sublease may not be amended, changed,
modified or altered without the prior written consent of the parties hereto and the Board.

SECTION 18. Waiver. Any waiver granted by the Department of any breach by the
Participating County of any agreement, covenant or condition hereof shall not operate as a waiver of
any subsequent breach of the same or any other agreement, covenant or condition hereof. The
Department shall not grant any such waiver without the prior written consent of the Board.

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SECTION 19. Non-Liability of the Department and other State Entities. Any obligation
of the Department created by or arising out of this Facility Sublease shall not impose a debt or
pecuniary liability upon the Department, the Board or the State of California, or a charge upon the
general credit or taxing powers thereof, but shall be payable solely out of funds duly authorized and
appropriated by the State.

The delivery of this Facility Sublease shall not, directly or indirectly or contingently, obligate
the Board, the Department, the State Treasurer or the State of California to levy any form of taxation
therefor or to make any appropriation. Nothing herein or in the proceedings of the Participating
County, the Board or the Department shall be construed to authorize the creation of a debt of the
Board, the Department, the State Treasurer or the State of California, within the meaning of any
constitutional or statutory provision of the State of California. No breach of any pledge, obligation
or agreement made or incurred in connection herewith may impose any pecuniary liability upon, or
any charge upon the general credit of the Board, the Department or the State of California.

SECTION 20. Indemnification. As required by California Welfare and Institutions Code


Section 1974, the Participating County agrees to indemnify, defend, and hold harmless the
Indemnified Parties for any and all claims and losses accruing and resulting from or arising out of the
Participating County’s use and occupancy of the Facility, including the use and occupancy of the
Facility by any sublessee or invitee of the Participating County. The Participating County’s
obligation to indemnify, defend and hold harmless under this Section shall extend to all such claims
and losses arising, occurring, alleged, or made at any time, including prior to, during, or after the
period that this Facility Sublease is in full force and effect. Notwithstanding the preceding sentence,
the Participating County will not be required to indemnify, defend or hold harmless an Indemnified
Party from any claim which arises, in whole or in part, from the gross negligence or willful
misconduct or omission of such Indemnified Party. The indemnification obligations of the
Participating County set forth in this Section shall survive any termination of this Facility Sublease.

SECTION 21. Law Governing. This Facility Sublease shall be governed exclusively by
the provisions hereof and by the laws of the State of California as the same from time to time exist.
Any action or proceeding to enforce or interpret any provision of this Facility Sublease shall, to the
extent permitted by law, be brought, commenced or prosecuted in the courts of the State located in
the County of Sacramento, California.

SECTION 22. Headings. All section headings contained in this Facility Sublease are for
convenience of reference only and are not intended to define or limit the scope of any provision of
this Facility Sublease.

SECTION 23. Notices. All approvals, authorizations, consents, demands, designations,


notices, offers, requests, statements or other communications hereunder by either party to the other
shall be in writing and shall be sufficiently given and served upon the other party if delivered
personally or if mailed by United States registered or certified mail, return receipt requested, postage
prepaid, and addressed as follows:

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DOCSOC/1635220v7/024238 0045
To the Department: Department of Corrections and Rehabilitation
of the State of California
9838 Old Placerville Road, Suite B
Sacramento, CA 95827
Attention: Director, Facility Planning, Construction
& Management

To the Board: State Public Works Board


915 “L” Street, 9th Floor
Sacramento, CA 95814
Attention: Executive Director

To the State Treasurer: Treasurer of the State of California


Public Finance Division
915 Capitol Mall, Room 261
Sacramento, CA 95814
Attention: Director, Public Finance Division

To the Participating County: County of Shasta


County Administrative Office
1450 Court Street, Suite 308A
Redding, CA 96001
Attention: County Executive Officer

The address to which notices shall be mailed as aforesaid to any party may be changed by
written notice given by such party to the others as hereinabove provided.

SECTION 24. Successors and Assigns. The terms and provisions hereof shall extend to
and be binding upon and inure to the benefit of the successors and assigns of the respective parties
hereto.

SECTION 25. Validity and Severability. If for any reason this Facility Sublease or any
part thereof shall be held by a court of competent jurisdiction to be void, voidable, or unenforceable
by the Department or by the Participating County, all of the remaining terms of this Facility Sublease
shall nonetheless continue in full force and effect. If for any reason it is held by such a court that any
of the covenants and conditions of the Participating County hereunder, including the covenant to pay
rentals hereunder, is unenforceable for the full term hereof, then and in such event this Facility
Sublease is and shall be deemed to be a lease from year to year under which the rentals are to be paid
by the Participating County annually in consideration of the right of the Participating County to
possess, occupy and use the Facility, and all the other terms, provisions and conditions of this
Facility Sublease, except to the extent that such terms, provisions and conditions are contrary to or
inconsistent with such holding, shall remain in full force and effect, to the extent permitted by law.

SECTION 26. Execution. This Facility Sublease may be executed in any number of
counterparts, each of which shall be deemed to be an original, but all of which together shall
constitute one and the same Facility Sublease. It is also agreed that separate counterparts of this
Facility Sublease may separately be executed by the Department, the Participating County and any
other signatory hereto, all with the same force and effect as though the same counterpart had been
executed by the Department, the Participating County and such other signatory.

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SECTION 27. Multiple Originals. This Facility Sublease may be executed in any number
of originals, each of which shall be deemed to be an original.

SECTION 28. Net Lease. This Facility Sublease shall be deemed and construed to be a
“net lease” and the Participating County hereby agrees that the rentals provided for herein shall be an
absolute net return to the Department, free and clear of any expenses, charges or set-offs whatsoever.

SECTION 29. Board as Third Party Beneficiary. The Board is a third party beneficiary of
this Facility Sublease.

SECTION 30. Effect of Substitution. Notwithstanding any provision herein to the


contrary, in the event of a substitution of another public facility or facilities and real property for all
of the Facility pursuant to Section 25 of the Facility Lease (a “Substitution”), this Facility Sublease
shall remain in full force and effect except as provided in this Section 30 and the Participating
County shall continue as the sublessee hereunder. Upon such Substitution, (a) the references to Site
Lease and Facility Lease in Section 2 and Section 4 shall be deemed deleted and this Facility
Sublease will no longer be subordinate to the Site Lease and the Facility Lease and the Department
and the Board agree to record an appropriate document with the County Recorder’s Office to remove
the lien of the Site Lease and the Facility Lease against the Facility; (b) the references to the
Department’s obligations to pay Base Rental and Additional Rental and the abatement of rent paid
by the Participating County in Section 6(b) shall be deemed deleted; (c) the first two paragraphs of
Section 7(a) shall be deemed deleted and the Department and the Board will not be required to
maintain any insurance with respect to the Facility; and (d) the references to the Facility Lease and
the Board’s rights under the Facility Lease in Section 8(a)(1) and the provisions of Section 8(b) and
Section 10(c) shall no longer be of any force and effect and neither the Department nor the Board
shall have any right to declare a default hereunder or to re-enter or re-let the Facility as a result of a
default under the Facility Lease.

[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]

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IN WITNESS WHEREOF, the Department and the Participating County have caused this
Facility Sublease to be executed by their respective officers thereunto duly authorized, all as of the
day and year first above written.

DEPARTMENT OF CORRECTIONS AND


REHABILITATION OF THE STATE OF
CALIFORNIA

By:
Name: Jeffrey A. Beard, Ph.D.
Title: Secretary

APPROVED (Pursuant to Government Code


section 11005.2):

DEPARTMENT OF GENERAL SERVICES OF


THE STATE OF CALIFORNIA

By:
Name: Michael Butler
Title: Chief Real Property Services Section

CONSENT AND ACKNOWLEDGEMENT OF


THE BOARD:

STATE PUBLIC WORKS BOARD OF THE


STATE OF CALIFORNIA

By:
Name: Stephen Benson
Title: Deputy Director

S-1
DOCSOC/1635220v7/024238-0045
COUNTY OF SHASTA

By:
Name: Lawrence G. Lees
Title: County Executive Officer

APPROVED AS TO FORM:

Rubin E. Cruse, Jr.


County Counsel

By:
Name: David M. Yorton, Jr.
Title: Senior Deputy County Counsel

APPROVED RISK MANAGEMENT

By:
Name: Jonathan Hill
Title: Risk Management Analyst III

S-2
DOCSOC/1635220v7/024238-0045
CERTIFICATE OF ACCEPTANCE

This is to certify that the interest in the Facility conveyed under the foregoing to the County
of Shasta, a political subdivision duly organized under the laws of the State of California, is hereby
accepted by the undersigned officer or agent on behalf of the Board of Supervisors of the County of
Shasta, pursuant to authority conferred by resolution of the Board of Supervisors adopted on
September 10, 2013 and the grantee consents to recordation thereof by its duly authorized officer.

Dated: October 10, 2013 COUNTY OF SHASTA

By:
Name: Lawrence G. Lees
Title: County Executive Officer

DOCSOC/1635220v7/024238 0045
EXHIBIT A

LEGAL DESCRIPTION OF SITE

A-1
DOCSOC/1635220v7/024238-0045
A-2
DOCSOC/1635220v7/024238-0045
STATE OF CALIFORNIA

COUNTY OF SACRAMENTO

On ___________________, before me, ____________________________________, Notary Public,


personally appeared _____________________________________________________, who proved
to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to
the within instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.

WITNESS my hand and official seal

SIGNATURE OF NOTARY PUBLIC

DOCSOC/1635220v7/024238-0045
STATE OF CALIFORNIA

COUNTY OF SHASTA

On ___________________, before me, ____________________________________, Notary Public,


personally appeared _____________________________________________________, who proved
to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to
the within instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.

WITNESS my hand and official seal

SIGNATURE OF NOTARY PUBLIC

DOCSOC/1635220v7/024238-0045
Document comparison by Workshare Compare on Monday, August 7, 2023
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Facility Sublease for SPWB 2013F (CDCR) - Shasta
Description
County Juvenile
file://C:\Users\lchan\Desktop\Revised Facility Sublease for
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SPWB 2013F (CDCR) - Shasta County Juvenile.doc
Revised Facility Sublease for SPWB 2013F (CDCR) -
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Stradling Yocca Carlson & Rauth
Draft dated 8/7/23

RECORDING REQUESTED BY )
AND WHEN RECORDED MAIL TO: )
)
STRADLING YOCCA CARLSON & RAUTH )
660 Newport Center Drive, Suite 1600 )
Newport Beach, California 92660 )
Attention: Lawrence Chan, Esq. )

[Space above for Recorder’s use]

FIRST AMENDMENT TO FACILITY SUBLEASE


by and between the

DEPARTMENT OF CORRECTIONS AND REHABILITATION


OF THE STATE OF CALIFORNIA,
as Sublessor

and

COUNTY OF SHASTA,
as Sublessee

Dated as of October 1, 2013


and amended hereby as of
October 1, 2023

(SHASTA JUVENILE FACILITY)


(SHASTA COUNTY)

NO DOCUMENTARY TRANSFER TAX DUE.


This First Amendment to Facility Sublease is recorded
for the benefit of the State of California and is exempt
from California documentary transfer tax pursuant to
Section 11928 of the California Revenue and Taxation
Code and from recording fees pursuant to Sections
6103, 27383 and 27388.1 (a)(2)(D) and (d)(2) of the
California Government Code. Lease term less than 35
years.
DEPARTMENT OF CORRECTIONS AND REHABILITATION

4868-3299-2117v3/024238-0096
FIRST AMENDMENT TO FACILITY SUBLEASE

THIS FIRST AMENDMENT TO FACILITY SUBLEASE (this “First Amendment to


Facility Sublease”) is made and entered into as of October 1, 2023, by and between the
DEPARTMENT OF CORRECTIONS AND REHABILITATION OF THE STATE OF
CALIFORNIA, as sublessor (the “Department”), and the COUNTY OF SHASTA, as sublessee (the
“Participating County”), and amends that certain Facility Sublease between the Department, as
sublessor, and the Participating County, as sublessee, dated as of October 1, 2013, and recorded in
the official records of the Participating County on October 21, 2013 as Instrument No. 2013-0037274
(the “Original Facility Sublease”) pursuant to which the Department subleased certain real property
described in Exhibit A hereto (the “Site”) and the Project (as defined in the Original Facility
Sublease) to the Participating County.

WITNESSETH:

WHEREAS, the State Public Works Board of the State of California (the “Board”) has
previously financed and refinanced the costs of construction of the Project by the issuance of its
Lease Revenue Bonds (Department of Corrections and Rehabilitation) 2013 Series F (Various
Correctional Facilities) (the “2013 Bonds”), issued pursuant to the terms of the indenture dated as of
April 1, 1994, as amended by the Tenth Supplemental Indenture, dated as of September 1, 1996, the
Forty-Second Supplemental Indenture, dated as of October 1, 2002, the Fifty-Second Supplemental
Indenture, dated as of October 15, 2004 and the Ninety-Third Supplemental Indenture, dated as of
October 12, 2009, as supplemented by the One Hundred Twentieth Supplemental Indenture, dated as
of October 1, 2013, each between the Board and the Treasurer of the State of California, as trustee;
and

WHEREAS, in connection with the issuance of the 2013 Bonds, the Department and the
Participating County entered into the Original Facility Sublease; and

WHEREAS, the Board intends to refinance the costs of construction of the Project through
the issuance of its Lease Revenue Refunding Bonds 2023 Series C (Various Capital Projects) (the
“2023 Bonds”) and in connection with the issuance of the 2023 Bonds, the Department and the
Participating County desire to amend the Original Facility Sublease, as set forth herein; and

WHEREAS, Section 17 of the Original Facility Sublease allows the Original Facility
Sublease to be amended by the parties thereto with the consent of the Board; and

NOW, THEREFORE, in consideration of the mutual covenants contained herein, and for
other valuable consideration, it is hereby mutually agreed as follows:

SECTION 1. Amendment to Definition of “Bonds.” The definition of “Bonds”, which


term was previously defined in the fifth recital (“Whereas” clause) of the Original Facility Sublease,
is hereby amended to read and to mean the: “State Public Works Board of the State of California
Lease Revenue Refunding Bonds 2023 Series C (Various Capital Projects).”

SECTION 2. Amendment to Definition of “Site Lease.” The definition of “Site Lease”,


which term was previously defined in the fifth recital (“Whereas” clause) of the Original Facility

1
4868-3299-2117v3/024238-0096
Sublease, is hereby amended to read and to mean the: “site lease, dated as of October 1, 2013, by and
between the Board and the Department relating to the Facility, as amended from time to time.”

SECTION 3. Amendment to Definition of “Facility Lease.” The definition of “Facility


Lease”, which term was previously defined in the fifth recital (“Whereas” clause) of the Original
Facility Sublease, is hereby amended to read and to mean the: “facility lease, dated as of October 1,
2013, by and between the Board and the Department relating to the Facility, as amended from time to
time.”

SECTION 4. Amendment to Definition of “Indenture.” The definition of “Indenture”,


which term was previously defined in the sixth recital (“Whereas” clause) of the Original Facility
Sublease, is hereby amended to read and to mean the: “indenture dated as of October 1, 2023, by and
between the Board and the Treasurer of the State of California, as trustee, as amended from time to
time.”

SECTION 5. Amendment to Section 8 of Original Facility Sublease. Section 8 of the


Original Site Lease is hereby amended in its entirety to read as follows:

“SECTION 8. Assignment, Subletting of Facility or Third Party Use.

(a) The Participating County shall not sublet, assign or allow any third
party, including but not limited to the federal government or any agency or
instrumentality thereof, to use any portion of the Facility, or permit its subtenants,
assignees or third party users to sublet or assign portions of the Facility, without
obtaining the prior written consent and approval of the Department and the Board,
which may be granted or denied in their sole discretion, and, provided further, that
any such sublease, assignment or use agreement shall be subject to the following
conditions:

(1) Any sublease, assignment or use agreement related to the


Facility entered into or consented to by the Participating County shall explicitly
provide that such agreement is subject to all rights of the Board under the Facility
Lease, including, the Board’s right to re-enter and re-let the Facility or terminate the
Facility Lease upon a default by the Department and to all rights of the Department
under this Facility Sublease including, the Department’s right to re-enter and re-let
the Facility or terminate this Facility Sublease upon a default by the Participating
County; and

(2) At the request of the Department or the Board, the


Participating County shall furnish the Department and the Board with an opinion of
nationally recognized bond counsel acceptable to the Board to the effect that such
sublease, assignment or use agreement will not, in and of itself, cause the interest on
the Bonds to be included in gross income for federal income tax purposes.

(b) The Participating County acknowledges that, if the Department


breaches the terms of the Facility Lease, a remedy for such breach available to the
Board under the Facility Lease is to enter and re-let the Facility to an entity other than
the Department. If the Board, at its discretion, chooses to exercise this remedy, the
Board agrees that its first offer to relet the Facility shall be made to the Participating

2
4868-3299-2117v3/024238-0096
County; provided, however, the terms of such offer shall be determined at the sole
reasonable discretion of the Board.

(c) This Facility Sublease shall not be subordinated to any sublease,


assignment or use agreement.”

SECTION 6. Addition as Section 30 of Original Facility Sublease. The Original Facility


Sublease is hereby amended to add the following as Section 30 thereof:

“SECTION 30. Effect of Substitution. Notwithstanding any provision herein


to the contrary, in the event of a substitution of another public facility or facilities and
real property for all of the Facility pursuant to Section 25 of the Facility Lease (a
“Substitution”), this Facility Sublease shall remain in full force and effect except as
provided in this Section 30 and the Participating County shall continue as the
sublessee hereunder. Upon such Substitution, (a) the references to Site Lease and
Facility Lease in Section 2 and Section 4 shall be deemed deleted and this Facility
Sublease will no longer be subordinate to the Site Lease and the Facility Lease and
the Department and the Board agree to record an appropriate document with the
County Recorder’s Office to remove the lien of the Site Lease and the Facility Lease
against the Facility; (b) the references to the Department’s obligations to pay Base
Rental and Additional Rental and the abatement of rent paid by the Participating
County in Section 6(b) shall be deemed deleted; (c) the first two paragraphs of
Section 7(a) shall be deemed deleted and the Department and the Board will not be
required to maintain any insurance with respect to the Facility; and (d) the references
to the Facility Lease and the Board’s rights under the Facility Lease in Section 8(a)(1)
and the provisions of Section 8(b) and Section 10(c) shall no longer be of any force
and effect and neither the Department nor the Board shall have any right to declare a
default hereunder or to re-enter or re-let the Facility as a result of a default under the
Facility Lease.”

SECTION 7. Term. The Department and the Participating County hereby confirm that the
term of the Original Facility Sublease commenced on the date of issuance of the 2013 Bonds and
shall end as set forth in Section 3 of the Original Facility Sublease.

SECTION 8. Authorization. This First Amendment to Facility Sublease has been


authorized, executed and delivered by the Department and the Participating County and consented to
by the Board in accordance with Section 17 of the Original Facility Sublease.

SECTION 9. No Other Amendments. Except as expressly set forth in Sections 1 through 6


above, all other provisions of the Original Facility Sublease remain in full force and effect.

SECTION 10. Execution. This First Amendment to Facility Sublease may be executed in
any number of counterparts, each of which shall be deemed to be an original, but all together shall
constitute but one and the same instrument. It is also agreed that separate counterparts of this First
Amendment to Facility Sublease may be separately executed by the Department and the Participating
County, all with the same force and effect as though the same counterpart had been executed by both
the Department and the Participating County. This First Amendment to Facility Sublease shall
become effective on the date of issuance of the 2023 Bonds.

3
4868-3299-2117v3/024238-0096
SECTION 11. Recordation of First Amendment to Facility Sublease. The notarization of the
signatures of the signatories to this First Amendment to Facility Sublease is for the purpose of
recordation of this First Amendment to Facility Sublease in the official records of the Participating
County. This First Amendment to Facility Sublease shall be recorded in the official records of the
Participating County solely for the purpose of giving constructive notice of this First Amendment to
Facility Sublease to third parties as provided under State law. The failure of any signatory to obtain
and affix a notarization to this First Amendment to Facility Sublease shall not affect the validity of
this First Amendment to Facility Sublease. The date of recordation of this First Amendment to
Facility Sublease shall not change, alter or modify the effective date of this First Amendment to
Facility Sublease as set forth in Section 10 hereof or the effectiveness of any provision of this First
Amendment to Facility Sublease.

[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK.]

4
4868-3299-2117v3/024238-0096
SPWB 2023 SERIES C
FIRST AMENDMENT TO FACILITY SUBLEASE
(SHASTA JUVENILE FACILITY)

IN WITNESS WHEREOF, the Department and the Participating County have caused this
First Amendment to Facility Sublease to be executed by their respective officers thereunto duly
authorized, all as of the day and year first above written.

DEPARTMENT OF CORRECTIONS AND


REHABILITATION OF THE STATE OF
CALIFORNIA

By:
[Name]
[Title]

APPROVED (Pursuant to Government Code


section 11005.2):

DEPARTMENT OF GENERAL SERVICES


OF THE STATE OF CALIFORNIA

By:
Authorized Officer

CONSENT AND ACKNOWLEDGEMENT


OF THE BOARD:

STATE PUBLIC WORKS BOARD OF THE


STATE OF CALIFORNIA

By:
Sally Lukenbill
Executive Director

S-1
4868-3299-2117v3/024238-0096
SPWB 2023 SERIES C
FIRST AMENDMENT TO FACILITY SUBLEASE
(SHASTA JUVENILE FACILITY)

COUNTY OF SHASTA

By:
[Name]
[Title]

APPROVED AS TO FORM:

[NAME]
COUNTY COUNSEL

By:
[Name]
[Title]

S-2
4868-3299-2117v3/024238-0096
CERTIFICATE OF ACCEPTANCE

This is to certify that the interest in the Facility conveyed under the foregoing to the County
of Shasta, a political subdivision duly organized under the laws of the State of California, is hereby
accepted by the undersigned officer or agent on behalf of the Board of Supervisors of the County of
Shasta, pursuant to authority conferred by resolution of the Board of Supervisors adopted on August
29, 2023 and the grantee consents to recordation thereof by its duly authorized officer.

Dated: October __, 2023 COUNTY OF SHASTA

By:
[Name]
[Title]

4868-3299-2117v3/024238-0096
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.

STATE OF CALIFORNIA )
) ss.
COUNTY OF SACRAMENTO )

On ___________________ before me, ____________________________________, Notary Public,

personally appeared _____________________________________________________, who proved


to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to
the within instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.

WITNESS my hand and official seal

SIGNATURE OF NOTARY PUBLIC

4868-3299-2117v3/024238-0096
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.

STATE OF CALIFORNIA )
) ss.
COUNTY OF SHASTA )

On ___________________ before me, ____________________________________, Notary Public,

personally appeared _____________________________________________________, who proved


to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to
the within instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.

WITNESS my hand and official seal

SIGNATURE OF NOTARY PUBLIC

4868-3299-2117v3/024238-0096
EXHIBIT A

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4868-3299-2117v3/024238-0096
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REPORT TO SHASTA COUNTY BOARD OF SUPERVISORS

BOARD MEETING DATE: August 29, 2023

CATEGORY: Consent Calendar

SUBJECT: Receive the Fiscal Year 2022-23 annual report of shortages relieved by the Auditor-
Controller.

DEPARTMENT: Auditor-Controller

SUPERVISORIAL DISTRICT #: All

DEPARTMENT CONTACT: Nolda Short, Auditor-Controller, (530) 245-6657

STAFF REPORT APPROVED BY: Nolda Short, Auditor-Controller

Vote Required? General Fund Impact?


Simple Majority Vote General Fund Impact

RECOMMENDATION
Receive the annual report of shortages relieved in the amount totaling $4,238.40 for Fiscal Year 2022-23 prepared by the Auditor-
Controller in accordance with Resolution No. 2004-56.

DISCUSSION
Resolution No. 2004-56, Government Code sections 29390 and 29390.1 allows the Board of Supervisors to authorize the Auditor-
Controller to relieve shortages in accounts where the shortage does not exceed $500. Circumstances pertaining to the specifics of
each incident have been thoroughly reviewed and, if applicable, appropriate corrective action taken with personnel responsible.
There is no evidence of employee fraud involved. Appropriate follow-up and reinforced staff training pertaining to cash handling
procedures, and internal controls also occurred.

The attached summary recaps specific occurrences for the cumulative $4,238.40.

ALTERNATIVES
The Board could choose not to accept this annual report for Fiscal Year 2022-23, but that would be contrary to Resolution No.
2004-56 which requires the Auditor-Controller to render a written account to the Board of Supervisors of any shortages relieved
by the Auditor-Controller at the end of a fiscal year.

OTHER AGENCY INVOLVEMENT


Appropriate documentation and coordination between the departments seeking relief for the shortages and Auditor-Controller’s
Office occurred. The Recommendation has been reviewed by the County Administrative Office.

FISCAL IMPACT
The cumulative total of $4,238.40 shortages relieved were recognized in the appropriate cost centers as part of Fiscal Year 2022-
23 budget.

ATTACHMENTS:
1: FY 22/23 Annual Shortages Relieved

Page 1
REPORT TO SHASTA COUNTY BOARD OF SUPERVISORS

BOARD MEETING DATE: August 29, 2023

CATEGORY: Consent Calendar

SUBJECT: Adopt a resolution which authorizes election consolidation of local elections, as provided
by California Elections Code sections 10400 et seq., for local jurisdictions that have
called for a special election on November 7, 2023.

DEPARTMENT: County Clerk-Elections

SUPERVISORIAL DISTRICT #: All

DEPARTMENT CONTACT: Cathy Darling Allen, County Clerk-Registrar of Voters, 530-225-5730

STAFF REPORT APPROVED BY: Cathy Darling Allen, County Clerk-Registrar of Voters

Vote Required? General Fund Impact?


Simple Majority Vote General Fund Impact

RECOMMENDATION
Adopt a resolution which authorizes consolidation of the districts that have submitted requests for consolidation and will appear on
ballot, as provided by Elections Code section 10400 et seq., and have offices and measures be placed before the voters on November
7, 2023.

DISCUSSION
The Shasta County Superintendent of Schools delivered a resolution for a special vacancy election for Gateway Unified School
District to the County Clerk earlier this year.

Additionally, citizens in Shasta, California wish to form a Fire Protection District (FPD), which requires an election in order select
the members of the FPD be held in that community. Resolution 2023-072 was approved for this purpose by this Board on August
1, 2023.

In addition, the Shasta Community Service District approved a resolution to call an election for a bond measure, which if passed,
would support the new Shasta FPD, if the FPD is created by election on November 7, 2023, or, in the event the FPD is not created
but the bond measure passes, would be used for by the Shasta County Fire Department.

This resolution consolidates these various issues into one election per Elections Code section 10400, et seq., and the full list of
Districts is included in the resolution attached.

Elections Code Section 10417 provides that elections called on the same day in local districts shall be consolidated so that matters
being voted on in the same territory will appear on the same ballot. Costs of the election are shared among the entities involved
pursuant to Elections Code Section 10416.

Copies of resolutions received in this office from local agencies requesting consolidation with the Special Election are on file with
the clerk.

As of August 15, 2023, the Shasta CSD and the Shasta Fire Protection District through the Board of Supervisors requested to place
a measure on the November 7, 2023, election ballot.

Page 1
ALTERNATIVES
Any alternative to the recommendation would be contrary to Elections Code Section 10417. Since the local agencies involved
have already called their elections for November 7, 2023, should the resolution receive negative action, separate elections would
have to be held for each agency, requiring each to pay the total cost of its election.

OTHER AGENCY INVOLVEMENT


The Recommendation has been reviewed by the County Administrative Office. County Counsel has approved the resolution as to
form.

FISCAL IMPACT
General Fund Impact is unknown at this time as costs will substantially increase due to the hand tally method of ballot counting,
which will impact each participating district and the County’s General Fund. While Election Code 10416 directs local jurisdictions
to provide for the expenses of the election, the manner in which the election is required to be held pursuant to current Board direction
will adversely affect the financial burden of participating districts.

ATTACHMENTS:
1: November 2023 Resolution DRAFT Election Consolidation 8.29.2023

Page 2
RESOLUTION NO. 2023-______

A RESOLUTION OF THE BOARD OF SUPERVISORS


OF THE COUNTY OF SHASTA
AUTHORIZING THE CONSOLIDATION OF ELECTIONS OF DIRECTORS OF SPECIAL
DISTRICTS AND SCHOOL DISTRICTS WITH THE SPECIAL ELECTION TO BE HELD ON
NOVEMBER 7, 2023

WHEREAS, Tuesday, November 7, 2023 is an established election date on which local


jurisdictions may hold elections; and

WHEREAS, California Elections Code sections 10400 et seq., as applicable, allow school districts,
special districts, and incorporated cities to request consolidation of their elections with the general
election; and

WHEREAS, the following public entities (collectively, the “Requestors”) have each called for an
election in their jurisdiction for the same date and have requested consolidation:

Shasta Community Service District


Shasta County Board of Supervisors acting on behalf of Shasta Fire Protection District
Gateway Unified School District

NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of the County of Shasta
do hereby authorize the consolidation of the Requestors’ local election with the special election to be held
on Tuesday, November 7, 2023; and

IT IS FURTHER RESOLVED that the Requestors shall comply with all applicable laws regarding
the conduct and consolidation of the local elections; and

IT IS FURTHER RESOLVED that provided that the Requestors calling the local elections and
requesting consolidation of their election shall pay their pro-rata share of the costs incurred throughout
the conduct of said elections.
Resolution No. 2023-_______
Page 2

DULY PASSED AND ADOPTED this 29th day of August, 2023 by the Board of Supervisors of the County
of Shasta by the following vote:

AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSE:

PATRICK JONES, CHAIRMAN


Board of Supervisors
County of Shasta
State of California

ATTEST:

DAVID RICKERT
Clerk of the Board of Supervisors

By
Deputy
REPORT TO SHASTA COUNTY BOARD OF SUPERVISORS

BOARD MEETING DATE: August 29, 2023

CATEGORY: Consent Calendar

SUBJECT: Reappoint Dean Germano and Dave Jones to the Partnership HealthPlan of California
Commission.

DEPARTMENT: Health and Human Services Agency-Administration

SUPERVISORIAL DISTRICT #: All

DEPARTMENT CONTACT: Laura Burch, Director, Health and Human Services Agency, (530) 225-5899

STAFF REPORT APPROVED BY: Laura Burch, HHSA Director

Vote Required? General Fund Impact?


Simple Majority Vote No Additional General Fund Impact

RECOMMENDATION
Reappoint Dean Germano and Dave Jones to the Partnership HealthPlan of California Commission to serve a four-year term ending
August 31, 2027.

DISCUSSION
The Partnership HealthPlan of California (PHC) Commission is a multi-county governing commission that operates a managed care
plan for Medi-Cal beneficiaries and has been serving Shasta County since September 1, 2013. The PHC Commission is comprised
of Commissioners appointed by the Board of Supervisors from each member county. Counties with more than 55,000 PHC members
are entitled to appoint four Commissioners. PHC currently serves over 65,000 residents of Shasta County. The recommended action
complies with Shasta County Code, Title 2, Chapter 2.70, “Partnership HealthPlan of California Commission.”

Per Title 2, Chapter 2.70 “Partnership HealthPlan of California Commission” of the Shasta County Code, approved by the Shasta
County Board of Supervisors (Board) on July 16, 2013, and amended on December 15, 2015, the persons appointed to the PHC
Commission by Shasta County shall include the Shasta County Health and Human Services Agency (HHSA) Director or his/her
designee and additional persons nominated by members of the Shasta County Health Assessment and Redesign Collaborative
(SHARC) and/or local health care providers that serve Medi-Cal beneficiaries. The HHSA Director is responsible for receiving and
evaluating the nominations and making recommendations to the Board of Supervisors. The Code stipulates four-year terms that are
staggered, with two members appointed every two years.

During their regular meeting on June 28, 2023, SHARC unanimously voted in support of the renewal referral of Commissioners
Dean Germano and Dave Jones, whose current terms expire August 31, 2023. They are both in good standing, and willing to serve
an additional four-year term from September 1, 2023, through August 31, 2027, at the discretion of the Board.

ALTERNATIVES
One alternative is not to approve one or both individuals recommended to serve on the PHC Commission and to request that the
PHC Commission submit new name(s) for consideration. The Board could also defer consideration to a future date. Pursuant to
Shasta County Code, Section 2.70.040, each commissioner shall remain in office at the conclusion of that commissioner’s term
until a successor commissioner has been appointed by the Board.

OTHER AGENCY INVOLVEMENT


The recommended reappointments are endorsed by the SHARC. The recommendation has been reviewed by the County
Administrative Office.
Page 1
FISCAL IMPACT
Any minimal costs associated with County participation in the PHC Commission is included in each fiscal year’s HHSA Adopted
Budget and is offset by revenue from Medi-Cal Administrative Activities (MAA) claiming.

ATTACHMENTS:

Page 2
REPORT TO SHASTA COUNTY BOARD OF SUPERVISORS

BOARD MEETING DATE: August 29, 2023

CATEGORY: Consent Calendar

SUBJECT: Approve an amendment to the agreement with California Mental Health Services
Authority’s Behavioral Health Quality Improvement Program for reimbursement to the
County.

DEPARTMENT: Health and Human Services Agency-Behavioral Health and Social Services

SUPERVISORIAL DISTRICT #: All

DEPARTMENT CONTACT: Miguel Rodriguez, Director of Mental Health, HHSA Behavioral Health & Social
Services Branch, (530) 225-5900

STAFF REPORT APPROVED BY: Laura Burch, HHSA Director

Vote Required? General Fund Impact?


Simple Majority Vote No Additional General Fund Impact

RECOMMENDATION
Take the following actions: (1) Approve an amendment, effective as of the last date it has been signed by both Parties, with
California Mental Health Services Authority, to reimburse the County in the amount of $21,023.33 for the period July 1, 2022
through June 30, 2024; and (2) approve and authorize the Health and Human Services Agency (HHSA) Director or designated
Branch Director to sign prospective and retroactive amendments and other documents related to the agreement, so long as they do
not result in a substantial or functional change to the original intent of the agreement, and otherwise comply with Administrative
Policy 6-101, Shasta County Contracts Manual.

DISCUSSION
California Mental Health Services Authority (CalMHSA) is a Joint Powers Authority (JPA) formed in 2009 to jointly develop and
fund mental health services and educational programs on a Statewide, regional, and local basis. CalMHSA’s mission is to provide
an efficient and effective administrative and fiscal structure focusing on collaborative partnerships in the development and
implementation of mental health programs in accordance with the Mental Health Service Act (MHSA). Currently, CalMHSA
consists of 55 counties, one separate JPA, and one city. Shasta County has been a member of the JPA since its inception and sits on
its Board of Directors.

California Department of Health Care Services (DHCS) is requiring all counties to implement changes to almost every facet of their
mental and behavioral health plans through the California Advancing and Innovating Medi-Cal (CalAIM) initiative. This multiyear
initiative spans from 2022 to 2027 and is composed of a series of regulatory and policy changes that require implementation by
County Mental Health Plans. Due to the complexity of the process and the need for continuity throughout California, DHCS has
appointed CalMHSA to assist counties with the CalAIM implementation.

On October 4, 2022, the board approved an agreement with CalMHSA in the amount of $73,420 to assist Shasta County’s Mental
Health Plan and provide support in reaching incentivized milestones outlined in the Behavioral Health Quality Improvement
Program (BHQIP). The BHQIP is a program designed by DHCS to align County Mental Health Plans with the CalAIM initiative.
The incentive payments are intended to assist counties with the cost of making the expansive CalAIM changes. This participation
agreement with CalMHSA will provide Shasta County Mental Health Plan the ability to implement four BHQIP milestones under
the categories of payment reform, policy changes, and data exchange.

This amendment allows CalMHSA to reimburse the County in the amount of $21,023.33 within 30 days of the end of the project
Page 1
period to return unused funding. This reimbursement is due to the County’s decision to stop participating in the Performance
Improvement Plans (PIP) portion of the BHQIP.

ALTERNATIVES
The Board could choose not to approve the recommendation, defer consideration to a future date, or provide alternate direction to
staff.

OTHER AGENCY INVOLVEMENT


The budget amendment has been reviewed by the Auditor-Controller. County Counsel has approved the agreement as to form. Risk
Management has approved the agreement. The Recommendation has been reviewed by the County Administrative Office.

FISCAL IMPACT
The amendment will allow for reimbursement to Shasta County in the amount of $21,023.33.

ATTACHMENTS:
1: Amendment
2: Agreement

Page 2
1306-BHQIP-2022-SC-A1
Behavioral Health Quality Improvement Program
June 27, 2023

CALIFORNIA MENTAL HEALTH SERVICES AUTHORITY

PARTICIPATION AGREEMENT AMENDMENT

This Agreement Amendment is a contract by and between the California Mental Health Services
Authority Shasta County Participant
This Agreement Amendment shall be effective as of the date of execution and modifies the terms of the
initial Agreement No. 1306-BHQIP-2022-SC to modify Exhibit B, Section V. Fiscal Provisions to add Item
C. Reimbursement Criteria.
All other terms or provisions in the initial Agreement No. 1306-BHQIP-2022-SC not cited in this
Agreement Amendment shall remain in full force and effect.

Contractor: County of Shasta

Date:
PATRICK JONES, CHAIR
Board of Supervisors
County of Shasta
State of California
ATTEST:
DAVID J. RICKERT
Clerk of the Board of Supervisors

By:
Deputy

Approved as to form:
MATTHEW M. MCOMBER
Acting County Counsel

By: Date:
Name: Kimberly R. H. Lewis ______ Title: Senior Deputy County Counsel

RISK MANAGEMENT APPROVAL

By: Date:
Name: James Johnson Title: Risk Management Analyst III

1
1306-BHQIP-2022-SC-A1
Behavioral Health Quality Improvement Program
June 27, 2023

CalMHSA

Signed: Name (printed): Dr. Amie Miller, Psy.D., MFT


Title: Executive Director Date:
Address: 1610 Arden Way, Suite 175, Sacramento, CA 95815
Phone: 279-234-0701 Email: amie.miller@calmhsa.org

MODIFIED EXHIBIT B General Terms and Conditions

Section V.

C. Reimbursement Criteria:
CalMHSA will reimburse Participant in the amount of $21,023.33 within 30-days of the end of the
project period to return unused funding from Item 3 and 4.

2
REPORT TO SHASTA COUNTY BOARD OF SUPERVISORS

BOARD MEETING DATE: August 29, 2023

CATEGORY: Consent Calendar

SUBJECT: Approve a retroactive amendment to the agreement with Kathaleen Waltz, dba LeBrun
Adult Residential Care Facility for adult residential care home services which increases
compensation for total maximum compensation not to exceed $1,210,000.

DEPARTMENT: Health and Human Services Agency-Behavioral Health and Social Services

SUPERVISORIAL DISTRICT #: All

DEPARTMENT CONTACT: Miguel Rodriguez, Director of Mental Health, HHSA Adult Services, (530) 225-5900

STAFF REPORT APPROVED BY: Laura Burch, HHSA Director

Vote Required? General Fund Impact?


Simple Majority Vote No Additional General Fund Impact

RECOMMENDATION
Approve a retroactive amendment, effective June 1, 2023, with Kathaleen Waltz dba LeBrun Adult Residential Care Facility which
increases maximum compensation by $110,000 for a new maximum compensation of $1,210,000, retaining the term July 1, 2021,
through June 30, 2024.

DISCUSSION
This proposed amendment will allow Kathaleen Waltz, dba LeBrun Adult Residential Care Facility (LeBrun), to continue to provide
enhanced services within a board and care setting to support Shasta County individuals with severe and persistent mental illness in
the least restrictive environment possible.

An increase in client services from what was initially projected necessitates the increase in maximum compensation included with
this First Amendment. Since July of 2022, Shasta County has had an average of 37 clients placed at the facility each month. The
new maximum compensation accounts for these clients through the end of the contract term, should they remain in the facility.
This amendment is retroactive due to an increase in Shasta County clients qualifying for this service than what was initially
projected. The rates were increased when the contract was negotiated; however, the compensation was not enough to cover the
increase considering the increased number of clients in placement.

LeBrun is an Adult Residential Board and Care facility licensed with State of California Community Care Licensing (CCL) which
provides non-acute 24-hour residential care to individuals with mental illness. Board and care programs such as LeBrun offer mental
health clients a less restricted level of housing and care than a locked facility such as an Institution of Mental Disease (IMD), state
hospital, or acute psychiatric hospital. The County contracts with a variety of local residential facilities such as Adult Residential
Facilities and Residential Care for the Elderly which can meet the needs of clients served by Health and Human Services Agency
(HHSA) Behavioral Health and Social Services. The need for this type of facility exceeds the current supply, so contracts are sought
for local facilities which meet the CCL requirements, and which are interested in contracting with the County.

LeBrun’s services provide, to all residents of their facility, skill development for independent living and preparation for reentering
the workforce. Services include health promotion and prevention, social skills development, training in basic housekeeping, hygiene
and personal care, budgeting and money management, use of public transportation, and developing social networks.

Under the terms of the agreement, HHSA Behavioral Health and Social Services staff will provide referral, authorization and
reauthorization for approved clients residing at LeBrun. Additionally, LeBrun will continue to accept clients returning to the
Page 1
community from IMD’s and will allow clients to return to LeBrun after stabilization at the County’s Crisis Residential and Recovery
program.

This agreement will also authorize the HHSA Director, or any HHSA Branch Director designated by the Director, to approve, in
writing and in advance, amendments for annual changes in LeBrun’s rates of compensation provided that an increase in any single
rate shall not exceed 10 percent over the original rate during the entire term of this agreement and provided further that the rate
increase(s) shall not increase the total compensation payable under this agreement.

ALTERNATIVES
The Board could choose not to approve this renewal agreement, defer consideration to a future date, or provide alternate direction
to staff.

OTHER AGENCY INVOLVEMENT


The Support Services Department-Personnel Unit prepared the salary resolution.
AND/OR
County Counsel has approved the agreement as to form.
AND/OR
Risk Management has approved the agreement.
AND/OR
The Recommendation has been reviewed by the County Administrative Office.

FISCAL IMPACT
The total cost of this agreement for Fiscal Years (FY) 2021-24 is $1,210,000. Costs incurred through this contract are funded with
Mental Health Services Act Community Services and Supports funding and a combination of 1991 and 2011 realignment. The
Fiscal Year 2022-23 Mental Health Services Act (404) and Mental Health (410) Adopted Budgets include sufficient appropriation
authority for the activities described in this agreement and will be included in future year budget submittals. The costs are on a fee-
for-service basis and only incurred when a Shasta County resident is authorized by the County for augmented residential care home
services at LeBrun.

ATTACHMENTS:
1: Amendment
2: Agreement

Page 2
FIRST AMENDMENT TO THE AGREEMENT BETWEEN
THE COUNTY OF SHASTA AND KATHALEEN WALTZ DBA LEBRUN ADULT
RESIDENTIAL CARE FACILITY

This First Amendment is entered into between the County of Shasta, through its Health and

Kathaleen Waltz dba LeBrun Adult Residential Care Facility

WHEREAS, County and Contractor have previously entered into an agreement on August
31, 2021, effective July 1, 2021, to provide adult residential care home services (

WHEREAS, County and Contractor desire to amend this Agreement to increase the total
maximum compensation by $110,000 First

WHEREAS, the Original Agreement and the First Amendment are collectively referred to

NOW, THEREFORE, the Agreement is amended as follows:

I. Subsection C. of Section 3. COMPENSATION. is amended as of the effective date of this


First Amendment, in its entirety, to read as follows:

C. The maximum amount payable to Contractor under this agreement shall be


$335,000 for FY 2021/22, $392,000 for FY 2022/23, and $483,000 for FY 2023/24.
For the purposes of this agreement, the County Fiscal Year commences on July 1
and ends on June 30 of the following calendar year. The total maximum
compensation shall not exceed $1,210,000 during the entire term of the agreement.

II. REAFFIRMATION

In all other respects, the Agreement, as amended, and any attachments, remains in full force
and effect.

III. ENTIRE AGREEMENT

The Agreement, as amended, and any attachments, constitute the entire understanding
between County and Contractor.

IV. EFFECTIVE DATE

Unless otherwise provided, this First Amendment shall be deemed effective as of June 1,
2023.

A1.AS.LeBRUN.2124
2104-3-2021-01A1
CC: 41010 Page 1 of 3
SIGNATURE PAGE FOLLOWS

A1.AS.LeBRUN.2124
2104-3-2021-01A1
CC: 41010 Page 2 of 3
IN WITNESS WHEREOF, County and Contractor have executed this First Amendment on the
dates set forth below. By their signatures below, each signatory represents that they have the
authority to execute this First Amendment and to bind the Party on whose behalf their execution
is made.

COUNTY OF SHASTA

Date:
PATRICK JONES, CHAIR
Board of Supervisors
County of Shasta
State of California
ATTEST:
DAVID J. RICKERT
Clerk of the Board of Supervisors

By:
Deputy

Approved as to form:
MATTHEW M. MCOMBER
Acting County Counsel
08/14/2023 | 3:07 PM PDT
By: Date:
Name: Kimberly R. H. Lewis Title: Senior Deputy County Counsel

RISK MANAGEMENT APPROVAL


08/14/2023 | 8:08 AM PDT
By: Date:
Name: James Johnson Title: Risk Management Analyst III

CONTRACTOR
08/14/2023 | 7:44 AM PDT
By: Date:
Name: Kathaleen Waltz Title: Owner/Licensee

Tax I.D.#: On File

A1.AS.LeBRUN.2124
2104-3-2021-01A1
CC: 41010 Page 3 of 3
REPORT TO SHASTA COUNTY BOARD OF SUPERVISORS

BOARD MEETING DATE: August 29, 2023

CATEGORY: Consent Calendar

SUBJECT: Approve a retroactive evergreen Indemnification Agreement with applicant Burney


Commons LP concerning environmental review for the proposed Burney Commons
multifamily affordable housing project in the town of Burney. test

DEPARTMENT: Health and Human Services Agency-Economic Mobility

SUPERVISORIAL DISTRICT #: District 3

DEPARTMENT CONTACT: Dwayne Green, Branch Director, Economic Mobility Branch, (530) 245-7638

STAFF REPORT APPROVED BY: Dwayne Green, HHSA Branch Director

Vote Required? General Fund Impact?


Simple Majority Vote No Additional General Fund Impact

RECOMMENDATION
Approve a retroactive evergreen agreement, effective May 11, 2022, with Burney Commons LP, to indemnify and reimburse the
County for any challenges to the Environmental Review or National Environmental Policy Act (“NEPA”) for the Burney Commons
Project located in the Unincorporated town of Burney.

DISCUSSION
In response to the 2018 disasters in California, the U.S. Department of Housing and Urban Development allocated $1,017,399,000
in Community Development Block Grant – Disaster Recovery (“CDBG-DR”) funds to the California Department of Housing and
Community Development (“HCD”). HCD announced the availability of approximately $250 million, as appropriated under Public
Laws 115–254 and 116–20, for the Disaster Recovery Multifamily Housing Program (“DR-MHP”) to provide funding for the
rehabilitation, reconstruction, and/or new construction of multifamily housing that is affordable to low- and moderate- income
households.

The County of Shasta was eligible to apply for $4,277,870 to be utilized for project expenses, including activity delivery costs to
implement the program, permitting fees, developer fees, predevelopment costs, and construction/rehabilitation costs.

The Housing and Community Action Agency released Notice of Funding Available (“NOFA”) 22-15 on January 31, 2022, and
selected Burney Commons LP, as a respondent to provide funding of $2,000,000 of CDBG-DR MHP funds to assist in the building
of the Burney Commons project (“Project”) located at the Intersection of Bainbridge Road and Mackinac Street in the
Unincorporated town of Burney.

Environmental Review pursuant to the National Environmental Policy Act (“NEPA”) must be completed, as demonstrated by HCD,
before CDBG-DR funds are committed to the Project, as required pursuant to 24 Code of Federal Regulations 58.22. The County
is the Responsible Entity for completing Environmental Review prior to issuance of CDBG-DR funds. As part of the Project, Burney
Commons LP, has prepared an Environmental Assessment and Finding of No Significant Impact (“EA/FONSI”) for the Project,
which the County will consider in support of its request for the release of CDBG-DR funds to undertake the Project.

Judicial challenges of projects requiring discretionary approvals, including, but not limited to, NEPA determinations, are costly and
time consuming. In the event a judicial challenge is commenced against the Project, the County has requested and Burney Commons
Page 1
LP, agrees to defend, indemnify, and hold harmless the County, its agents, officers, or employees from any claim, action, or
proceeding against the County, its agents, officers, or employees to attack, set aside, void, or annul any approval of the County, its
advisory agencies, appeal boards, or legislative body concerning the Project or its associated environmental documentation.

ALTERNATIVES
The Board could decline to approve the recommendation, defer consideration to a future date, or provide alternate direction to staff.

OTHER AGENCY INVOLVEMENT


County Counsel has approved the agreement as to form. Risk Management has approved the agreement. Resource Management
has approved the recommendation. The Recommendation has been reviewed by the County Administrative Office.

FISCAL IMPACT
The County’s administrative costs and the projects’ pass-through funds are funded with CDBG-DR MHP funds awarded to the
County. The department will process a budget amendment prior to fiscal year end if necessary.

ATTACHMENTS:
1:Agreement

Page 2
DocuSign Envelope ID: 8288A2B5-018B-4151-8D8E-F982994FCE39

INDEMNIFICATION AGREEMENT

between

COUNTY OF SHASTA

and

BURNEY COMMONS, LP

Page 1 of 8

Agr.EMB.BurneyCommons.CDBG DR-MHP.23 Page 1 of 8


3086-77-2023-02
59051
DocuSign Envelope ID: 8288A2B5-018B-4151-8D8E-F982994FCE39

REIMBURSEMENT and INDEMNIFICATION AGREEMENT

This Reimbursement and Indemnification Agreement (this “Agreement”) is made this 11th
day of May, 2022, by and between the COUNTY OF SHASTA, a California political
subdivision of the State of California (the “County”), and BURNEY COMMONS, LP, a
California nonprofit public benefit corporation (the “Applicant” and together with the
County, occasionally, each a “Party” and collectively the “Parties”).

RECITALS

This Agreement is made with respect to the following facts:

A. The Applicant proposes to develop 5.78 acres of certain real property


located at the intersection of Mackinac and Bainbridge Road (APN No. 028-100-020) (the
“Property”), within the town of Burney, County of Shasta, California.

B. The Applicant proposes to develop multifamily affordable housing on the


Property, consisting of eight 14 feet tall one-story buildings containing 31 units. Seven
units will be one-bedroom apartments, 15 units will be two-bedroom apartments, and
eight units will be three-bedroom apartments. One unit will be a two-bedroom apartment
to house a resident manager. The Project will have a management office, community
building, and laundry room. (the “Project”).

C. Development of the Project is estimated to cost approximately $14,577,527,


with an estimated $2,000,000 of the total cost to be funded through CDBG DR MHP.

D. The California Department of Housing and Community Development


(“HCD”) is the lead and responsible entity for administering the Community Development
Block Grant – Disaster Recovery (“CDBG-DR”) program funds appropriated under Public
Laws 115-254 and 116-20 and allocated to the State of California by the U.S. Department
of Housing and Urban Development. HCD has allocated a total of $5,023,554 in CDBG-
DR grant funds to the County.

E. The County desires to contribute CDBG-DR funds to the proposed Project.


Environmental review pursuant to the National Environmental Policy Act (“NEPA”) must
be completed, before CDBG-DR funds are committed to the Project, as required pursuant
to 24 CFR 58.22. The County is the Responsible Entity (as defined by NEPA) for
completing environmental review prior to issuance of CDBG-DR funds.

F. As part of the Project, the Applicant has prepared an Environmental


Assessment and Finding of No Significant Impact (“EA/FONSI”) for the town of Burney,
which the County will consider in support of its request for the release of CDBG-DR funds
to undertake the Project.

G. Judicial challenges of projects requiring discretionary approvals, including,


but not limited to, NEPA determinations, are costly and time consuming.

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H. Since applicants are the primary beneficiaries of such approvals, it is


appropriate that such owners bear the expense of defending against any such judicial
challenge, and bear the responsibility of any costs, attorneys’ fees and damages which
may be awarded to a successful challenger.

I. In the event a judicial challenge is commenced against the Project, the


County has requested and the Applicant has agreed to defend, indemnify and hold
harmless the County, its agents, officers, or employees from any claim, action or
proceeding against the County, its agents, officers, or employees to attack, set aside,
void or annul any approval of the County, its advisory agencies, appeal boards, or
legislative body concerning the Projector its associated environmental documentation
(“Litigation”).

J. This Agreement is entered by the County and the Applicant to establish


specific terms concerning Applicant’s indemnification obligations for the Project.

TERMS

NOW, THEREFORE, in consideration of the following mutual promises and


agreements, County and Applicant agree as follows:

1. Incorporation of Recitals. The Parties agree that the Recitals constitute the
factual basis upon which they have entered into this Agreement. The Parties each
acknowledge the accuracy of the Recitals and agree that the Recitals are incorporated
into this Agreement as though fully set forth at length.

2. Indemnification.

2.1 Indemnification. Applicant, at its own expense, shall defend,


indemnify and hold harmless the County, its agents, officers, and employees from and
against any claim, action or proceeding to the extent brought against the County its
agents, officers, and employees to attack, set aside, void or annul any approval of the
Project including any associated costs, attorneys’ fees, damages, and expenses
including, but not limited to, costs associated with Public Records Act requests submitted
to the County related to the Project and an award of attorneys’ fees and costs incurred or
arising out of the above-referenced claim, action or proceeding brought against the
County (“Indemnification Obligation”), in each event except to the extent resulting from
the sole negligence or willful misconduct by the County, or its respective employees,
agents, contractors or representatives.

2.2 Defense Cooperation. Applicant and the County shall reasonably


cooperate in all aspects of any Litigation. Nothing contained in this Agreement, however,
shall be construed to limit the discretion of County, in the interest of the public welfare, to
settle, defend, appeal or to decline to settle or to terminate or forego defense or appeal
of any Litigation. It is also understood and agreed that all litigation pleadings are subject
to review, revision and approval by County’s General Counsel.

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2.3 Representation and Payment for Legal Services Rendered. County


shall have the absolute right to approve any and all counsel retained to defend County in
any Litigation. Applicant shall pay the actual and reasonable attorneys’ fees and costs of
the legal firm retained by County to represent the County and/or Applicant in any
Litigation. Failure by Applicant to pay such attorneys’ fees and costs may be treated as
an abandonment of the CDBG-DR funds for the Project and as a default of Applicant’s
obligations under this Agreement.

2.4 Payment for County Litigation Costs. Payment for County’s actual
and reasonable costs related to the Litigation shall be made on a reimbursement basis.
Litigation costs include any associated costs, fees, damages, and expenses (including,
but not limited to, reasonable attorney's fees of County Counsel and counsel retained by
County, expert fees, litigation costs, and investigation costs), as further described herein
as Indemnification Obligation. Within thirty (30) days after delivery of written
documentation evidencing the actual and reasonable costs incurred by the County,
Applicant shall reimburse the County for such actual and reasonable costs.

2.5 INTENTIONALLY DELETED.

2.6 Survival of Indemnification. The Parties agree that this Agreement


shall constitute a separate agreement from any Project approval, and if the Project, in
part or in whole, is invalidated, rendered null or set aside by a court of competent
jurisdiction, the Parties agree to be bound by the terms of this Agreement, which shall
survive such invalidation, nullification or setting aside.

3. Early Termination.

3.1 By County. The County may, in its reasonable discretion, terminate


this Agreement without cost or liability to the County, if Applicant: (a) fails to satisfy any
obligation of this Agreement within any applicable cure period; or (b) fails to reasonably
prosecute its application(s) for the Project; provided that, prior to such termination, County
must provide Applicant with a thirty (30) day written notice of such termination, which
notice shall contain enough information to reasonably inform Applicant of: (1) the reason
for such termination; and (2) what must be done to effectuate a cure, and Applicant must
fail to cure within such thirty (30) day period, or, in the event of a cure that reasonably
takes longer than thirty (30) days to complete, fails to commence and diligently prosecute
such cure within such thirty (30) day period. If Applicant fails to cure such alleged default
within the specified time period or otherwise reach agreement with the County on a
resolution of the alleged default, County may, in its sole discretion, do any of the following
or combination thereof: (a) deem Applicant’s default of Applicant’s obligations as an
abandonment of the Project as a breach of this Agreement; (b) rescind any Project
approvals previously granted; (c) terminate the Agreement, and/or (d) settle any
outstanding Litigation concerning the Project. In the event of a default, Applicant shall
remain responsible for any actual and reasonable costs and attorney’s fees awarded by
the Court or as a result of settlement and other expenses incurred by the County related
to the Litigation or settlement.

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3.2 By Applicant. The Applicant may, in its sole discretion, terminate this
Agreement upon thirty (30) days’ prior written notice to the County; provided, however,
that Applicant’s right to so terminate this Agreement is expressly contingent upon
Applicant satisfying both of the following: (a) Applicant shall give County written notice
withdrawing its application(s) for the Project; and (b) Applicant shall satisfy all of its
obligations under this Agreement up through the proposed effective date of termination.

4. Assignability. This Agreement may not be assigned by either Party without


the prior and express written consent of the other Party, which consent shall not be
unreasonably withheld, conditioned or delayed. In determining whether to approve a
request by the Applicant to assign this Agreement, the County may consider, among other
things, the proposed assignee’s financial status and commitment to the Project. Any
attempted assignment of this Agreement not in compliance with the terms of this
Agreement shall be null and void and shall confer no rights or benefits upon the assignee.
Notwithstanding the foregoing, Applicant may freely assign this Agreement to any
purchaser of the entire Property or to an affiliate of Applicant.

5. No Oral Modifications. This Agreement represents the entire understanding


of the County and the Applicant, and supersedes all other prior or contemporaneous
written or oral agreements pertaining to the subject matter of this Agreement. This
Agreement may be modified, only by a writing signed by both the authorized
representatives of both the County and the Applicant. All modifications to this Agreement
must be approved by the County Manager.

6. Binding Upon Successors. This Agreement and each of its terms shall be
binding upon the County, the Applicant and their respective officers, elected officials,
employees, agents, contractors, and permitted successors and assigns.

7. Attorneys’ Fees. In the event that any action or proceeding, including


arbitration, is commenced by either the County or the Applicant against the other to
establish the validity of this Agreement or to enforce any one or more of its terms, the
prevailing Party in any such action or proceeding shall be entitled to recover from the
other, in addition to all other legal and equitable remedies available to it, its actual and
reasonable attorneys’ fees and costs of litigation, including, without limitation, filing fees,
service fees, deposition costs, arbitration costs and expert witness fees, including actual
costs and attorneys’ fees on appeal.

8. Jurisdiction and Venue. This Agreement is executed and is to be performed


in County of Shasta, California. Any action or proceeding brought relative to this
Agreement shall be heard in the appropriate court in the County of Shasta, California.
The County and the Applicant each consent to the personal jurisdiction of the court in any
such action or proceeding.

9. Severability. If any term or provision of this Agreement is found to be invalid


or unenforceable, the County and the Applicant both agree that they would have executed
this Agreement notwithstanding the invalidity of such term or provision. The invalid term

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or provision may be severed from the Agreement and the remainder of the Agreement
may be enforced in its entirety.

10. Headings. The headings of each Section of this Agreement are for the
purposes of convenience only and shall not be construed to either expand or limit the
express terms and language of each Section. References to “Sections” are to sections
of this Agreement, unless otherwise specifically provided.

11. Representations of Authority. Each Party signing this Agreement on behalf


of a Party which is not a natural person hereby represents and warrants to the other Party
that all necessary legal prerequisites to that Party’s execution of this Agreement have
been satisfied and that he or she has been authorized to sign this Agreement and bind
the Party on whose behalf he or she signs.

12. Notices. Notices required under this Agreement shall be sent to the
following:

If to County: If to the Applicant:


Laura Burch, Housing Daniel Knott, Manager
Director/Director of Health & Burney Commons, LP
Human Services 1011 Parkview Avenue, Suite A
Redding, CA 96002
Shasta County
2600 Park Marina Drive
Redding, CA 96001

With a copy to: with a copy to:

County Counsel N/A


County of Shasta
1450 Court St., Room 332
Redding, CA 96001

Notices given pursuant to this Agreement shall be deemed received as follows:

(1) If sent by United States Mail - on the date of receipt by the receiving
Party.

(2) If by facsimile - upon transmission and actual receipt by the receiving


Party; provided fax notices must also be sent by one of the other
approved methods. [NOTE-IF FAX IS BEING USED, THEN
PARTIES' FAX NUMBERS SHOULD BE INCLUDED ABOVE]

(3) If by express courier service or hand delivery - on the date of receipt


by the receiving Party.

The addresses for notices set forth in this Section 12 may be changed upon written
notice of such change to either the County or the Applicant, as appropriate.

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13. Electronic Signatures. The Parties hereto hereby agree that electronic
signatures are acceptable and shall have the same force and effect as original wet
signatures.

14. Consideration. There will be no exchange and/or receipt of payment from


either Party to the other Party pursuant to this Agreement. The consideration for
performance of this Agreement is the performance of the rights, duties, and obligations
set forth in this Agreement.

[SIGNATURES ON FOLLOWING PAGE]

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SIGNATURE PAGE TO
INDEMNIFICATION AGREEMENT

IN WITNESS WHEREOF, the Parties hereto have duly caused this Agreement to
be executed by their authorized representatives as of the date first written above.

COUNTY OF SHASTA Burney Commons, LP, a California


a California County Limited Partnership

APPROVED BY:

__________________________
Patrick Jones, Chairman ____________________________
Board of Supervisors Daniel Knott
County of Shasta Administrative General partner
State of California
ATTESTED BY: Burney Commons, LP, a California
David J. Rickert Limited Partnership
Clerk of the Board of Supervisors

___________________________ ____________________________
David Rutledge
Managing General Partner.
APPROVED AS TO FORM:
Matthew McOmber
Acting County Counsel

By:___________________________
Alan Cox
Senior Deputy County Counsel
RISK MANAGEMENT APPROVED

By: __________________________
James Johnson
Risk Management Analyst III

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REPORT TO SHASTA COUNTY BOARD OF SUPERVISORS

BOARD MEETING DATE: August 29, 2023

CATEGORY: Consent Calendar

SUBJECT: Approve a retroactive evergreen Indemnification Agreement with applicant Rural


Communities Housing Development Corporation concerning environmental review for
the proposed Sunrise Cottages Senior Housing development Project in the City of
Anderson.

DEPARTMENT: Health and Human Services Agency-Economic Mobility

SUPERVISORIAL DISTRICT #: District 5

DEPARTMENT CONTACT: Dwayne Green, Branch Director, Economic Mobility Branch, (530) 245-7638

STAFF REPORT APPROVED BY: Dwayne Green, HHSA Branch Director

Vote Required? General Fund Impact?


Simple Majority Vote No Additional General Fund Impact

RECOMMENDATION
Approve a retroactive evergreen agreement, effective November 15, 2022, with Rural Communities Housing Development
Corporation (“RCHDC”) to indemnify and reimburse the County for any challenges to the Environmental Review or National
Environmental Policy Act (“NEPA”) for the Sunrise Cottages Senior Housing Project located in the City of Anderson.

DISCUSSION
In response to the 2018 disasters in California, the U.S. Department of Housing and Urban Development allocated $1,017,399,000
in Community Development Block Grant – Disaster Recovery (“CDBG-DR”) funds to the California Department of Housing and
Community Development (“HCD”). HCD announced the availability of approximately $250 million, as appropriated under Public
Laws 115–254 and 116–20, for the Disaster Recovery Multifamily Housing Program (“DR-MHP”) to provide funding for the
rehabilitation, reconstruction, and/or new construction of multifamily housing that is affordable to low- and moderate- income
households.

The County of Shasta was eligible to apply for $4,277,870 to be utilized for project expenses, including activity delivery costs to
implement the program, permitting fees, developer fees, predevelopment costs, and construction/rehabilitation costs. On October
19, 2021, the Shasta County Board of Supervisors approved Resolution 2021-104 which authorized the County to accept the
delegation of CDBG-DR MHP funds from the City of Anderson in the amount of $745,684 and to oversee the administration of
these funds.

The Housing and Community Action Agency released Notice of Funding Available (“NOFA”) 22-15 on January 31, 2022, and
selected RCHDC as a respondent to provide funding of $745,684 of CDBG-DR MHP funds to assist in the building of the Sunrise
Cottages Senior Housing Project (“Project”) located at the southwest corner of Stingy Lane and North Street in the City of Anderson.

Environmental Review pursuant to the National Environmental Policy Act (“NEPA”) must be completed, as demonstrated by HCD,
before CDBG-DR funds are committed to the Project, as required pursuant to 24 Code of Federal Regulations 58.22. The County
is the Responsible Entity for completing Environmental Review prior to issuance of CDBG-DR funds. As part of the Project,
RCHDC has prepared an Environmental Assessment and Finding of No Significant Impact (“EA/FONSI”) for the Project, which
the County will consider in support of its request for the release of CDBG-DR funds to undertake the Project.

Page 1
Judicial challenges of projects requiring discretionary approvals, including, but not limited to, NEPA determinations, are costly and
time consuming. In the event a judicial challenge is commenced against the Project, the County has requested and RCHDC agrees
to defend, indemnify, and hold harmless the County, its agents, officers, or employees from any claim, action, or proceeding against
the County, its agents, officers, or employees to attack, set aside, void, or annul any approval of the County, its advisory agencies,
appeal boards, or legislative body concerning the Project or its associated environmental documentation.

ALTERNATIVES
The Board could decline to approve the recommendation, defer consideration to a future date, or provide alternate direction to staff.

OTHER AGENCY INVOLVEMENT


County Counsel has approved the agreement as to form. Risk Management has approved the agreement. Resource Management
has approved the recommendation. The Recommendation has been reviewed by the County Administrative Office.

FISCAL IMPACT
The County’s administrative costs and the projects’ pass-through funds are funded with CDBG-DR MHP funds awarded to the
County. The department will process a budget amendment prior to fiscal year end if necessary.

ATTACHMENTS:
1: Agreement

Page 2
REPORT TO SHASTA COUNTY BOARD OF SUPERVISORS

BOARD MEETING DATE: August 29, 2023

CATEGORY: Consent Calendar

SUBJECT: Approve a retroactive evergreen Indemnification Agreement with applicant Shasta Lake
Downtown Housing LP concerning environmental review for the proposed Shasta Lake
Apartments affordable mixed-used development housing project in the City of Shasta
Lake.

DEPARTMENT: Health and Human Services Agency-Economic Mobility

SUPERVISORIAL DISTRICT #: District 4

DEPARTMENT CONTACT: Dwayne Green, Branch Director, Economic Mobility Branch, (530) 245-7638

STAFF REPORT APPROVED BY: Dwayne Green, HHSA Branch Director

Vote Required? General Fund Impact?


Simple Majority Vote No Additional General Fund Impact

RECOMMENDATION
Approve a retroactive evergreen agreement, effective October 7, 2022,with Shasta Lake Downtown Housing, LP to indemnify and
reimburse the County for any challenges to the Environmental Review or National Environmental Policy Act (“NEPA”) for the
Shasta Lake Apartments Project located in the City of Shasta Lake.

DISCUSSION
In response to the 2018 disasters in California, the U.S. Department of Housing and Urban Development allocated $1,017,399,000
in Community Development Block Grant – Disaster Recovery (“CDBG-DR”) funds to the California Department of Housing and
Community Development (“HCD”). HCD announced the availability of approximately $250 million, as appropriated under Public
Laws 115–254 and 116–20, for the Disaster Recovery Multifamily Housing Program (“DR-MHP”) to provide funding for the
rehabilitation, reconstruction, and/or new construction of multifamily housing that is affordable to low- and moderate- income
households.

The County of Shasta was eligible to apply for $4,277,870 to be utilized for project expenses, including activity delivery costs to
implement the program, permitting fees, developer fees, predevelopment costs, and construction/rehabilitation costs.

The Housing and Community Action Agency released Notice of Funding Available (“NOFA”) 22-15 on January 31, 2022, and
selected Shasta Lake Downtown Housing, LP as a respondent to provide funding of $1,636,270 of CDBG-DR MHP funds to assist
in the building of the Shasta Lake Apartments project (“Project”) located along the north and south sides of Shasta Dam Blvd. on
approximately 2.09 acres on two sites consisting of 7 parcels within the downtown core in the City of Shasta Lake.
Environmental Review pursuant to the National Environmental Policy Act (“NEPA”) must be completed, as demonstrated by HCD,
before CDBG-DR funds are committed to the Project, as required pursuant to 24 Code of Federal Regulations 58.22. The County
is the Responsible Entity for completing Environmental Review prior to issuance of CDBG-DR funds. As part of the Project, Shasta
Lake Downtown Housing, LP has prepared an Environmental Assessment and Finding of No Significant Impact (“EA/FONSI”) for
the Project, which the County will consider in support of its request for the release of CDBG-DR funds to undertake the Project.

Judicial challenges of projects requiring discretionary approvals, including, but not limited to, NEPA determinations, are costly and

Page 1
time consuming. In the event a judicial challenge is commenced against the Project, the County has requested and Shasta Lake
Downtown Housing, LP agrees to defend, indemnify, and hold harmless the County, its agents, officers, or employees from any
claim, action, or proceeding against the County, its agents, officers, or employees to attack, set aside, void, or annul any approval
of the County, its advisory agencies, appeal boards, or legislative body concerning the Project or its associated environmental
documentation.

ALTERNATIVES
The Board could decline to approve the recommendation, defer consideration to a future date, or provide alternate direction to
staff.

OTHER AGENCY INVOLVEMENT


County Counsel has approved the agreement as to form. Risk Management has approved the agreement. Resource Management
has approved the recommendation. The Recommendation has been reviewed by the County Administrative Office.

FISCAL IMPACT
The County’s administrative costs and the projects’ pass-through funds are funded with CDBG-DR MHP funds awarded to the
County. The department will process a budget amendment prior to fiscal year end if necessary.

ATTACHMENTS:
1: Indemnification Agreement

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INDEMNIFICATION AGREEMENT

between

COUNTY OF SHASTA

and

Shasta Lake Downtown Housing, LP

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REIMBURSEMENT and INDEMNIFICATION AGREEMENT

This Reimbursement and Indemnification Agreement (this “Agreement”) is made this 7th
day of October, 2022, by and between the COUNTY OF SHASTA, a California political
subdivision of the State of California (the “County”), and SHASTA LAKE DOWNTOWN
HOUSING, LP, a California nonprofit public benefit corporation (the “Applicant” and
together with the County, occasionally, each a “Party” and collectively the “Parties”).

RECITALS

This Agreement is made with respect to the following facts:

A. The Applicant proposes to develop a mixed-use development along the


north and south sides of Shasta Dam Blvd. on approximately 2.09 acres on two sites
consisting of 7 parcels within the downtown core. (APN No. 005-250-007, 005-250-008,
005-250-059, 005-250-053, 007-010-008, 007-010-009, 007-010-096) (the “Property”),
within the City of Shasta Lake, County of Shasta, California.

B. The Applicant proposes to develop affordable mixed-use development on


the Property, consisting of seven parcels within the downtown core. The project includes
49 units (55,700 square feet) of affordable housing primarily on the upper floors of four
buildings with up to 7,500 square feet of commercial space on the ground floors. It will
offer 15 one-bedroom units (all 1 bedroom/1 bath), 20 two-bedroom units (ten 2
bedroom/1 bath and ten 2 bedroom /2 bath), and 14 three-bedroom units (all 3 bedroom/2
bath) (the “Shasta Lake Apartments” or “Project”).

C. Development of the Project is estimated to cost $39,852,286, with an


estimated $1,636,270 of the total cost to be funded through CDBG DR MHP.

D. The California Department of Housing and Community Development


(“HCD”) is the lead and responsible entity for administering the Community Development
Block Grant – Disaster Recovery (“CDBG-DR”) program funds appropriated under Public
Laws 115-254 and 116-20 and allocated to the State of California by the U.S. Department
of Housing and Urban Development. HCD has allocated a total of $5,023,554 in CDBG-
DR grant funds to the County.

E. The County desires to contribute CDBG-DR funds to the proposed Project.


Environmental review pursuant to the National Environmental Policy Act (“NEPA”) must
be completed, before CDBG-DR funds are committed to the Project, as required pursuant
to 24 CFR 58.22. The County is the Responsible Entity (as defined by NEPA) for
completing environmental review prior to issuance of CDBG-DR funds.

F. As part of the Project, the Applicant has prepared an Environmental


Assessment and Finding of No Significant Impact (“EA/FONSI”) for the City of Shasta
Lake, which the County will consider in support of its request for the release of CDBG-
DR funds to undertake the Project.

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G. Judicial challenges of projects requiring discretionary approvals, including,


but not limited to, NEPA determinations, are costly and time consuming.

H. Since applicants are the primary beneficiaries of such approvals, it is


appropriate that such owners bear the expense of defending against any such judicial
challenge, and bear the responsibility of any costs, attorneys’ fees and damages which
may be awarded to a successful challenger.

I. In the event a judicial challenge is commenced against the Project, the


County has requested and the Applicant has agreed to defend, indemnify and hold
harmless the County, its agents, officers, or employees from any claim, action or
proceeding against the County, its agents, officers, or employees to attack, set aside,
void or annul any approval of the County, its advisory agencies, appeal boards, or
legislative body concerning the Projector its associated environmental documentation
(“Litigation”).

J. This Agreement is entered by the County and the Applicant to establish


specific terms concerning Applicant’s indemnification obligations for the Project.

TERMS

NOW, THEREFORE, in consideration of the following mutual promises and


agreements, County and Applicant agree as follows:

1. Incorporation of Recitals. The Parties agree that the Recitals constitute the
factual basis upon which they have entered into this Agreement. The Parties each
acknowledge the accuracy of the Recitals and agree that the Recitals are incorporated
into this Agreement as though fully set forth at length.

2. Indemnification.

2.1 Indemnification. Applicant, at its own expense, shall defend,


indemnify and hold harmless the County, its agents, officers, and employees from and
against any claim, action or proceeding to the extent brought against the County its
agents, officers, and employees to attack, set aside, void or annul any approval of the
Project including any associated costs, attorneys’ fees, damages, and expenses
including, but not limited to, costs associated with Public Records Act requests submitted
to the County related to the Project and an award of attorneys’ fees and costs incurred or
arising out of the above-referenced claim, action or proceeding brought against the
County (“Indemnification Obligation”), in each event except to the extent resulting from
the sole negligence or willful misconduct by the County, or its respective employees,
agents, contractors or representatives.

2.2 Defense Cooperation. Applicant and the County shall reasonably


cooperate in all aspects of any Litigation. Nothing contained in this Agreement, however,
shall be construed to limit the discretion of County, in the interest of the public welfare, to
settle, defend, appeal or to decline to settle or to terminate or forego defense or appeal

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of any Litigation. It is also understood and agreed that all litigation pleadings are subject
to review, revision and approval by County’s General Counsel.

2.3 Representation and Payment for Legal Services Rendered. County


shall have the absolute right to approve any and all counsel retained to defend County in
any Litigation. Applicant shall pay the actual and reasonable attorneys’ fees and costs of
the legal firm retained by County to represent the County and/or Applicant in any
Litigation. Failure by Applicant to pay such attorneys’ fees and costs may be treated as
an abandonment of the CDBG-DR funds for the Project and as a default of Applicant’s
obligations under this Agreement.

2.4 Payment for County Litigation Costs. Payment for County’s actual
and reasonable costs related to the Litigation shall be made on a reimbursement basis.
Litigation costs include any associated costs, fees, damages, and expenses (including,
but not limited to, reasonable attorney's fees of County Counsel and counsel retained by
County, expert fees, litigation costs, and investigation costs), as further described herein
as Indemnification Obligation. Within thirty (30) days after delivery of written
documentation evidencing the actual and reasonable costs incurred by the County,
Applicant shall reimburse the County for such actual and reasonable costs.

2.5 INTENTIONALLY DELETED.

2.6 Survival of Indemnification. The Parties agree that this Agreement


shall constitute a separate agreement from any Project approval, and if the Project, in
part or in whole, is invalidated, rendered null or set aside by a court of competent
jurisdiction, the Parties agree to be bound by the terms of this Agreement, which shall
survive such invalidation, nullification or setting aside.

3. Early Termination.

3.1 By County. The County may, in its reasonable discretion, terminate


this Agreement without cost or liability to the County, if Applicant: (a) fails to satisfy any
obligation of this Agreement within any applicable cure period; or (b) fails to reasonably
prosecute its application(s) for the Project; provided that, prior to such termination, County
must provide Applicant with a thirty (30) day written notice of such termination, which
notice shall contain enough information to reasonably inform Applicant of: (1) the reason
for such termination; and (2) what must be done to effectuate a cure, and Applicant must
fail to cure within such thirty (30) day period, or, in the event of a cure that reasonably
takes longer than thirty (30) days to complete, fails to commence and diligently prosecute
such cure within such thirty (30) day period. If Applicant fails to cure such alleged default
within the specified time period or otherwise reach agreement with the County on a
resolution of the alleged default, County may, in its sole discretion, do any of the following
or combination thereof: (a) deem Applicant’s default of Applicant’s obligations as an
abandonment of the Project as a breach of this Agreement; (b) rescind any Project
approvals previously granted; (c) terminate the Agreement, and/or (d) settle any
outstanding Litigation concerning the Project. In the event of a default, Applicant shall
remain responsible for any actual and reasonable costs and attorney’s fees awarded by

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the Court or as a result of settlement and other expenses incurred by the County related
to the Litigation or settlement.

3.2 By Applicant. The Applicant may, in its sole discretion, terminate this
Agreement upon thirty (30) days’ prior written notice to the County; provided, however,
that Applicant’s right to so terminate this Agreement is expressly contingent upon
Applicant satisfying both of the following: (a) Applicant shall give County written notice
withdrawing its application(s) for the Project; and (b) Applicant shall satisfy all of its
obligations under this Agreement up through the proposed effective date of termination.

4. Assignability. This Agreement may not be assigned by either Party without


the prior and express written consent of the other Party, which consent shall not be
unreasonably withheld, conditioned or delayed. In determining whether to approve a
request by the Applicant to assign this Agreement, the County may consider, among other
things, the proposed assignee’s financial status and commitment to the Project. Any
attempted assignment of this Agreement not in compliance with the terms of this
Agreement shall be null and void and shall confer no rights or benefits upon the assignee.
Notwithstanding the foregoing, Applicant may freely assign this Agreement to any
purchaser of the entire Property or to an affiliate of Applicant.

5. No Oral Modifications. This Agreement represents the entire understanding


of the County and the Applicant, and supersedes all other prior or contemporaneous
written or oral agreements pertaining to the subject matter of this Agreement. This
Agreement may be modified, only by a writing signed by both the authorized
representatives of both the County and the Applicant. All modifications to this Agreement
must be approved by the County Manager.

6. Binding Upon Successors. This Agreement and each of its terms shall be
binding upon the County, the Applicant and their respective officers, elected officials,
employees, agents, contractors, and permitted successors and assigns.

7. Attorneys’ Fees. In the event that any action or proceeding, including


arbitration, is commenced by either the County or the Applicant against the other to
establish the validity of this Agreement or to enforce any one or more of its terms, the
prevailing Party in any such action or proceeding shall be entitled to recover from the
other, in addition to all other legal and equitable remedies available to it, its actual and
reasonable attorneys’ fees and costs of litigation, including, without limitation, filing fees,
service fees, deposition costs, arbitration costs and expert witness fees, including actual
costs and attorneys’ fees on appeal.

8. Jurisdiction and Venue. This Agreement is executed and is to be performed


in County of Shasta, California. Any action or proceeding brought relative to this
Agreement shall be heard in the appropriate court in the County of Shasta, California.
The County and the Applicant each consent to the personal jurisdiction of the court in any
such action or proceeding.

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9. Severability. If any term or provision of this Agreement is found to be invalid


or unenforceable, the County and the Applicant both agree that they would have executed
this Agreement notwithstanding the invalidity of such term or provision. The invalid term
or provision may be severed from the Agreement and the remainder of the Agreement
may be enforced in its entirety.

10. Headings. The headings of each Section of this Agreement are for the
purposes of convenience only and shall not be construed to either expand or limit the
express terms and language of each Section. References to “Sections” are to sections
of this Agreement, unless otherwise specifically provided.

11. Representations of Authority. Each Party signing this Agreement on behalf


of a Party which is not a natural person hereby represents and warrants to the other Party
that all necessary legal prerequisites to that Party’s execution of this Agreement have
been satisfied and that he or she has been authorized to sign this Agreement and bind
the Party on whose behalf he or she signs.

12. Notices. Notices required under this Agreement shall be sent to the
following:

If to County : If to the Applicant:


Laura Burch, Housing Daniel Knott, Manager
Director/Director of Health &
Human Services
Shasta County Shasta Lake Downtown Housing, LLC
2600 Park Marina Drive 1011 Parkview Avenue, Suite A
Redding, CA 96001 Redding, CA 96001

With a copy to: with a copy to:

County Counsel N/A


County of Shasta
1450 Court Street, Room 332
Redding, CA 96001

Notices given pursuant to this Agreement shall be deemed received as follows:

(1) If sent by United States Mail - on the date of receipt by the receiving
Party.

(2) If by facsimile - upon transmission and actual receipt by the receiving


Party; provided fax notices must also be sent by one of the other
approved methods. [NOTE-IF FAX IS BEING USED, THEN
PARTIES' FAX NUMBERS SHOULD BE INCLUDED ABOVE]

(3) If by express courier service or hand delivery - on the date of receipt


by the receiving Party.

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The addresses for notices set forth in this Section 12 may be changed upon written
notice of such change to either the County or the Applicant, as appropriate.

13. Electronic Signatures. The Parties hereto hereby agree that electronic
signatures are acceptable and shall have the same force and effect as original wet
signatures.

14. Consideration. There will be no exchange and/or receipt of payment from


either Party to the other Party pursuant to this Agreement. The consideration for
performance of this Agreement is the performance of the rights, duties, and obligations
set forth in this Agreement.

[SIGNATURES ON FOLLOWING PAGE]

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SIGNATURE PAGE TO
INDEMNIFICATION AGREEMENT

IN WITNESS WHEREOF, the Parties hereto have duly caused this Agreement to
be executed by their authorized representatives as of the date first written above.

COUNTY OF SHASTA Shasta Lake Downtown Housing, LP, a


a California County California Limited Partnership

APPROVED BY:

__________________________ ____________________________
Patrick Jones, Chairman Daniel Knott
Board of Supervisors Administrative General Partner
County of Shasta
State of California
ATTESTED BY:
David J. Rickert
Clerk of the Board of Supervisors

_________________________
David Rutledge
___________________________ Managing General Partner

APPROVED AS TO FORM:
Matthew McOmber
Acting County Counsel

By:___________________________
Alan Cox
Senior Deputy County Counsel
RISK MANAGEMENT APPROVED

By: __________________________
James Johnson
Risk Management Analyst III

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REPORT TO SHASTA COUNTY BOARD OF SUPERVISORS

BOARD MEETING DATE: August 29, 2023

CATEGORY: Consent Calendar

SUBJECT: Approve a renewal agreement with Marcia Ramstrom, M.S. dba Lotus Educational
Services for Mental Health First Aid, safeTALK trainings, and Skills for Managing
Stress Workshops.

DEPARTMENT: Probation

SUPERVISORIAL DISTRICT #: All

DEPARTMENT CONTACT: Tracie Neal, Chief Probation Officer, (530) 245-6217

STAFF REPORT APPROVED BY: Tracie Neal, Chief Probation Officer

Vote Required? General Fund Impact?


Simple Majority Vote No Additional General Fund Impact

RECOMMENDATION
Approve a renewal agreement with Marcia Ramstrom M.S. dba Lotus Educational Services to provide Mental Health First Aide
training, safeTALK trainings and Skills for Managing Stress workshops in an amount not to exceed $10,000 over the entire term,
for the period date of signing through April 30, 2024.

DISCUSSION
The health and wellbeing of youth detained in the Juvenile Rehabilitation Facility (JRF) is a priority. Having a comprehensive
suicide prevention program is necessary to assure the safety and security of youth and to provide early identification; prevention
efforts; risk factors; referral and evaluation; communication; housing; levels of observation; follow-up and treatment planning;
intervention; and reporting and notification. Training on the comprehensive suicide prevention program is required.

The Probation Department desires to utilize trainings offered by Lotus Educational Services for our Probation staff. These trainings
include Youth Mental Health First Aid (Y-MHFA), Suicide Alertness for Everyone (safeTALK) and Center for Mind Body
Medicine (CMBM). Lotus Educational Services is a locally based company who has knowledge of this community and has delivered
exceptional work for Shasta County.

Y-MFHA is designed to train our Probation staff how to support our youth in the Juvenile Rehabilitation Facility (JRF). This
training will introduce Probation staff to basic child development, mental health challenges and the skills to respond to youth both
in crisis and non-crisis situations. SafeTalk will train our Probation staff regarding suicide prevention by recognizing the warning
signs, how to engage with someone exhibiting signs and the knowledge of services to connected youth to services for support. The
Board of State and Community Corrections (BSCC) Title 15 Minimum Standards for Juvenile Facilitates, Sections 1322 and 1329
requires Probation staff to receive specific trainings on suicide prevention and response to suicide attempts. Both Y-MFHA and
safeTalk curriculum meets the state training requirements.

The CMBM training model is built around addressing symptoms of post-traumatic stress and protection against its long-term
negative effects. Probation staff will provided tools to aid in understanding the youth as well as themselves. CMBM provides
techniques for self-awareness, self-care and physical and emotional stressors. Probation staff will use these invaluable techniques
in the caring and guidance of the JRF youth.

Page 1
ALTERNATIVES
The Board could decide not to approve the agreement, provide direction to staff or request additional information.

OTHER AGENCY INVOLVEMENT


County Counsel has approved the agreement as to form. Risk Management has approved the agreement. The Recommendation has
been reviewed by the County Administrative Office.

FISCAL IMPACT
Costs associated with this agreement are included in Probation’s Fiscal Year 2023-24 adopted budget.

ATTACHMENTS:
1: Lotus Educational Services Agreement

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REPORT TO SHASTA COUNTY BOARD OF SUPERVISORS

BOARD MEETING DATE: August 29, 2023

CATEGORY: Consent Calendar

SUBJECT: Approve a retroactive renewal agreement with the City of Redding through its Martin
Luther King, Jr. Center for youth prevention programs and services.

DEPARTMENT: Probation

SUPERVISORIAL DISTRICT #: All

DEPARTMENT CONTACT: Tracie Neal, Chief Probation Officer, (530) 245-6217

STAFF REPORT APPROVED BY: Tracie Neal, Chief Probation Officer

Vote Required? General Fund Impact?


Simple Majority Vote No Additional General Fund Impact

RECOMMENDATION
Approve a retroactive renewal agreement with the City of Redding through its Martin Luther King, Jr. Center for the purposes of
providing prevention programs and services in the amount of $100,000 per year, funded by the Edward Byrne Memorial Justice
Assistance Grant Program for the period June 1, 2023, through June 30, 2026.

DISCUSSION
Shasta County submitted a proposal to the Board of State and Community Corrections (BSCC) for the Edward Byrne Memorial
Justice Assistance Grant (JAG) Program that had the overarching goal of providing prevention and education programs throughout
the county that would reduce the number of at-risk youth entering or reentering the Juvenile Justice System, improve school
performance, and increase the overall health and wellbeing of Shasta County’s youth population.The Shasta County Board of
Supervisors accepted the funds of the JAG Grant Agreement on June 27, 2023.

The City of Redding operates the Martin Luther King (MLK) Center, which is a multicultural center focusing on empowering
disadvantaged and at-risk youth through programing that cultivates moral, community, and intellectual development while
providing a supportive environment. Youth develop skill sets, connect with new educational and recreational opportunities, and
forge a better self. The MLK Center serves approximately 2,000 youth per year. Services provided by MLK will include but are not
limited to: tutoring and education support; Boys Council and Girls Circle; pro-social activities and job skill/development training;
youth Tech Classes; Art Therapy; Naturalist Programming; and college connections.

The Probation Department contracted with MLK during the 2019-2023 JAG grant cycle and a total of 316 unduplicated youth were
served by the MLK program. Participating youth in all JAG activities completed a core outcome survey revealing 75% either
‘agreed’ or ‘strongly’ agreed that JAG programs helped them avoid using alcohol, and 74% ‘agreed’ or ‘strongly agreed’ that
programs helped them avoid drug use, consistent with prevention goals. Another 73% of youth perceived that their JAG program
involvement helped them stay out of trouble and about 70% felt programs helped them avoid fighting and violent.

ALTERNATIVES
The Board could decide not to approve the agreement, provide direction to staff or request additional information.

Page 1
OTHER AGENCY INVOLVEMENT
County Counsel has approved the agreement as to form. Risk Management has approved the agreement. The Recommendation has
been reviewed by the County Administrative Office.

FISCAL IMPACT
Costs associated with this agreement are included in Probation’s Fiscal Year 2023-24 recommended budget.

ATTACHMENTS:
1: MLK Agreement

Page 2
REPORT TO SHASTA COUNTY BOARD OF SUPERVISORS

BOARD MEETING DATE: August 29, 2023

CATEGORY: Consent Calendar

SUBJECT: Approve a retroactive renewal agreement with Valsoft Corporation Inc., dba
Cascade Software for Cost Accounting Management System technical support.

DEPARTMENT: Public Works

SUPERVISORIAL DISTRICT #: All

DEPARTMENT CONTACT: Troy Bartolomei, Interim Director of Public Works, (530) 225-5661

STAFF REPORT APPROVED BY: Troy Bartolomei, Interim Director of Public Works

Vote Required? General Fund Impact?


Simple Majority Vote No General Fund Impact

RECOMMENDATION
Approve a retroactive agreement with Valsoft Corporation Inc. dba Cascade Software in an amount not to exceed $100,000 for Cost
Accounting Management System technical support for the period July 1, 2023, through June 30, 2024, with one automatic one-year
renewal.

DISCUSSION
Public Works tracks project expenditures through the Cost Accounting Management System (“CAMS”). In 1982, Cascade Software
Systems, Inc. (“CSS”) created CAMS. Shasta County was their first customer. Most California counties have since followed our
lead. The program is tailored to public works applications and integrates with County-wide software. The current two-year
maintenance agreement expired June 30, 2023, and renewal is recommended. The Department and vendor worked collaboratively
on the renewal agreement. The final review and approval process took longer than expected.

ALTERNATIVES
The Board may decline to enter into the proposed agreement. Cost tracking is essential to project delivery.

OTHER AGENCY INVOLVEMENT


County Counsel has approved the agreement as to form. Risk Management and Information Technology have approved the
agreement. The Recommendation has been reviewed by the County Administrative Office.

FISCAL IMPACT
Sufficient appropriations have been included in the Adopted Fiscal Year 2023-24 Roads budget. Gas Tax revenue will cover the
cost of the software.

ATTACHMENTS:
1: Cascade Software Agreement

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DocuSign Envelope ID: C0440D26-F3E6-438B-9FE0-26A326F5D0BC

PERSONAL SERVICES AGREEMENT BETWEEN


THE COUNTY OF SHASTA AND
VALSOFT CORPORATION INC. dba CASCADE SOFTWARE

This agreement is entered into between the County of Shasta, through its Department of
Public Works, a political subdivision of the State of California (“County”) and Valsoft Corporation
Inc., dba Cascade Software, a Quebec, Canada corporation (“Consultant”), for the purpose of
software support.

Section 1. RESPONSIBILITIES OF CONSULTANT.

Pursuant to the terms and conditions of this agreement, Consultant shall:

A. Provide software support and update the Consultant’s WIN-CAMS Cost


Accounting Management System including the WIN-CAMS Mobile Application
and WIN-CAMS Self Service Portal (“WIN-CAMS”) currently used by the County
Department of Public Works by providing the following services:

1. Provide to County all new software releases of WIN-CAMS, as Consultant


releases them with instructions for installation and software instruction.

2. Provide telephone response during Consultant’s normal working hours (8


a.m. through 5 p.m. Pacific Time, Monday through Friday) through
modems and internet, when applicable, permitting problem files or
programs to be examined, modified, or replaced directly by Consultant’s
support group.

3. Provide telephonic technical assistance and software instructions


concerning the WIN-CAMS software, and the overall operation of the
software as it applies to County’s business.

4. Provide major updates and/or data conversions of WIN-CAMS.

5. Notify Shasta County Information Technology (“County IT”) by written


notification prior to accessing and making any changes or performing any
actions in our County’s environment/systems.

6. Keep WIN-CAMS third party software up to date against security


vulnerabilities. Will be notified by County IT via email when a
vulnerability is identified.

B. In the event that County desires to increase or decrease the support of any software
module or modules, Consultant reserves the right to determine, at its sole discretion,
whether or not the module or modules qualify for the proposed support. If
Consultant determines that modules, in County’s possession, do not qualify for the
requested support, Consultant will inform the County of the reasons for the lack of
qualification.

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C. At County’s written request, Consultant shall provide additional programming,


SQL/DBE services, system modifications, and remote support services.

Section 2. RESPONSIBILITIES OF COUNTY.

A. Pursuant to the terms and conditions of this agreement, County shall compensate
Consultant as prescribed in sections 3 and 4 of this agreement and shall monitor the
outcomes achieved by Consultant.

B. County shall provide Consultant with information that documents problems with
the software, and allow sufficient support and test time on County’s computer
system to duplicate the problem, certify that a problem exists with Consultant’s
software, and that the problem has been fixed to County’s satisfaction.

C. County shall inform Consultant in writing of any modifications made by County to


the software. Consultant shall not be responsible for maintaining County modified
portions of the software or for maintaining portions of the software affected by
County modifications to the software.

D. Upon release by Consultant of any new system updating WIN-CAMS, County


agrees to install the updates within 10 working days of receipt of e-mail notification
from Consultant of the release, or acquisition by County of an update, whichever
occurs later. County further acknowledges and agrees that failure to install the
update within 10 working days as provided herein shall excuse Consultant from
its software support responsibilities pursuant to this agreement until such time as
the update is installed.

Section 3. COMPENSATION.

A. Consultant shall be paid a maximum of $37,336.56 for the services described in


Section 1.A of this agreement for the period July 1, 2023, through June 30, 2024.
Consultant may increase fees yearly with (60) days advance written notice to
County provided that Consultant shall not increase such fees more than once in any
year, and provided further that each increase shall not exceed the previous fees by
a maximum of 10% per year.

B. Consultant shall be paid in accordance with the rates described in Exhibit A,


attached hereto and incorporated herein, for the services described in Section 1.B
of this agreement.

C. Additionally, County shall reimburse Consultant for expenses incurred as a result


of software support under this agreement, including travel to and from the County
site, lodging and meals as may be necessary, at the rates payable to County
employees. County will reimburse Consultant only if Consultant received
County’s prior written authorization for such expenses.

D. In no event shall total compensation and reimbursement under this agreement


exceed $100,000.

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Section 4. BILLING AND PAYMENT.

A. For the services provided pursuant to Section 1.A. of this agreement, Consultant
shall submit invoices to County’s Department of Public Works on or before July 31,
for the period July 1 through June 30 of the following year.

B. Invoices for services performed pursuant to Section 1.B. of this agreement shall be
submitted within thirty days after completion of each assignment.

C. County shall make payment within 30 days of receipt of Consultant’s correct and
approved statement or invoice.

Section 5. TERM OF AGREEMENT.

This agreement shall commence on July 1, 2023, and shall end on June 30, 2024, except
as to the final statements or invoices provided for in Section 4 of this agreement which
shall be due in accordance with the provisions of Section 4. Upon the expiration of the
term, the agreement shall automatically renew for one additional one-year term.

Section 6. TERMINATION OF AGREEMENT.

A. If Consultant materially fails to perform Consultant’s responsibilities under this


agreement to the satisfaction of County, or if Consultant fails to fulfill in a timely
and professional manner Consultant’s responsibilities under this agreement, or if
Consultant violates any of the terms or provisions of this agreement, then County
shall have the right to terminate this agreement for cause effective immediately
upon the County giving written notice thereof to Consultant. If termination for
cause is given by County to Consultant and it is later determined that Consultant
was not in default or the default was excusable, then the notice of termination shall
be deemed to have been given without cause pursuant to paragraph B of this section.

B. County may terminate this agreement without cause on 30 days written notice to
Consultant.

C. County may terminate this agreement immediately upon oral notice should funding
cease or be materially decreased during the term of this agreement.

D. County’s right to terminate this agreement may be exercised by the County’s


Director of Public Works.

E. Should this agreement be terminated, Consultant shall promptly provide to County


any and all finished and unfinished reports, data, studies, photographs, charts, and
other documents prepared by Consultant pursuant to this agreement.

F. If this agreement is terminated, Consultant shall only be paid for services


satisfactorily completed and provided prior to the effective date of termination.

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Section 7. ENTIRE AGREEMENT; AMENDMENTS; HEADINGS;


EXHIBITS/APPEN-DICES.

A. This agreement supersedes all previous agreements relating to the subject of this
agreement and constitutes the entire understanding of the parties hereto. Consultant
shall be entitled to no other benefits other than those specified herein. Consultant
specifically acknowledges that in entering into and executing this agreement,
Consultant relies solely upon the provisions contained in this agreement and no
others.

B. No changes, amendments or alterations to this agreement shall be effective unless


in writing and signed by both parties. However, minor amendments that do not
result in a substantial or functional change to the original intent of this agreement
and do not cause an increase to the maximum amount payable under this agreement
may be agreed to in writing between Consultant and Director of Public Works,
provided that the amendment is in substantially the same format as the County’s
standard format amendment contained in the Shasta County Contracts Manual
(Administrative Policy 6-101).

C. The headings that appear in this agreement are for reference purposes only and shall
not affect the meaning or construction of this agreement.

D. If any ambiguity, inconsistency, or conflict exists or arises between the provisions


of this agreement and the provisions of any of this agreement’s exhibits or
appendices, the provisions of this agreement shall govern.

Section 8. NONASSIGNMENT OF AGREEMENT; NON-WAIVER.

Inasmuch as this agreement is intended to secure the specialized services of Consultant,


Consultant may not assign, transfer, delegate, or sublet any interest herein without the prior
written consent of County. The waiver by County of any breach of any requirement of this
agreement shall not be deemed to be a waiver of any other breach.

Section 9. EMPLOYMENT STATUS OF CONSULTANT.

A. Consultant shall, during the entire term of this agreement, be construed to be an


independent contractor, and nothing in this agreement is intended nor shall be
construed to create an employer-employee relationship, a joint venture relationship,
or to allow County to exercise discretion or control over the professional manner in
which Consultant performs the work or services that are the subject matter of this
agreement; provided, however, that the work or services to be provided by
Consultant shall be provided in a manner consistent with the professional standards
applicable to such work or services. The sole interest of County is to insure that
the work or services shall be rendered and performed in a competent, efficient, and
satisfactory manner. Consultant shall be fully responsible for payment of all taxes
due to the State of California or the federal government that would be withheld
from compensation if Consultant were a County employee. County shall not be
liable for deductions for any amount for any purpose from Consultant’s

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compensation. Consultant shall not be eligible for coverage under County’s


workers’ compensation insurance plan nor shall Consultant be eligible for any other
County benefit. Consultant must issue W-2 and 941 Forms for income and
employment tax purposes, for all of Consultant’s assigned personnel under the
terms and conditions of this agreement.

B. County shall withhold seven percent of all income paid to Consultant under this
agreement for payment and reporting to the California Franchise Tax Board
because Consultant does not qualify as: (1) a corporation with its principal place of
business in California, (2) a partnership with a permanent place of business in
California, (3) a corporation qualified to do business in California by the Secretary
of State, or (4) an individual with a permanent residence in the State of California.

Section 10. INDEMNIFICATION.

A. To the fullest extent permitted by law, Consultant shall indemnify and hold
harmless County, its elected officials, officers, employees, agents, and volunteers
against all claims, suits, actions, costs, expenses (including, but not limited to,
reasonable attorney's fees of County Counsel and counsel retained by County,
expert fees, litigation costs, and investigation costs), damages, judgments, or
decrees arising from the work or the provision of services undertaken pursuant to
this agreement by Consultant, or by any of Consultant’s subcontractors, any person
employed under Consultant, or under any subcontractor, or in any capacity, except
when the injury or loss is caused by the sole negligence or intentional wrongdoing
of County. Consultant shall also, at Consultant’s own expense, defend the County,
its elected officials, officers, employees, agents, and volunteers, against any claim,
suit, action, or proceeding brought against County, its elected officials, officers,
employees, agents, and volunteers, arising from the work or the provision of
services undertaken pursuant to this agreement by Consultant, or any of
Consultant’s subcontractors, any person employed under Consultant, or under any
Subcontractor, or in any capacity. Consultant shall also defend and indemnify
County for any adverse determination made by the Internal Revenue Service or the
State Franchise Tax Board and/or any other taxing or regulatory agency and shall
defend, indemnify, and hold harmless County with respect to Consultant’s
“independent contractor” status that would establish a liability on County for failure
to make social security deductions or contributions or income tax withholding
payments, or any other legally mandated payment. The provisions of this paragraph
are intended to be interpreted as broadly as permitted by applicable law. This
provision shall survive the termination, expiration, or cancellation of this
agreement.

B. This indemnification provision is independent of, and shall not in any way be
limited by, Consultant’s insurance coverage or lack of coverage, or by the insurance
requirements of this agreement. County acknowledgement or approval of
Consultant’s evidence of insurance coverage required by this agreement does not
in any way relieve Consultant from its obligations under this Section.

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Section 11. INSURANCE REQUIREMENTS.

Without limiting Consultant’s duties of defense and indemnification:


A. Consultant and any subcontractor shall carry Commercial General Liability
Insurance, and other coverage necessary to protect County and the public, with
limits of $2 million per occurrence or claim. Such coverage shall:

1. Be equivalent to the current Insurance Services Office (ISO) form CG 00


01, assuring coverage for products and completed operations, property
damage, bodily injury, and personal and advertising injury.

2. Include an endorsement, or an amendment to the policy of insurance,


naming Shasta County, its elected officials, officers, employees, agents, and
volunteers as additional insureds; the additional insureds coverage shall be
equal to the current ISO forms CG 20 10 for on-going operations, and CG
20 37 for completed operations.

3. Apply separately to this project and location(s); in the event of a general


aggregate limit, the general aggregate limit shall be twice the required per
occurrence limit.

4. Contain, or be endorsed to contain, a “separation of insureds” clause which


shall read, or have the same effect as:

“Separation of Insureds.

Except with respect to the Limits of Insurance, and any rights or duties
specifically assigned in this Coverage Part to the first Named Insured,
this insurance applies:

a. As if each Named Insured were the only Named Insured; and

b. Separately to each suit insured against whom a claim is made or suit


is brought.”

B. Consultant and any subcontractor shall carry Automobile Liability Insurance


covering any auto, unless Consultant has no owned autos then covering at minimum
hired and non-owned autos, with limits of $1 million per occurrence or claim. Such
coverage shall:

1. Include, or be endorsed to contain, Additional Insured coverage in favor of


Shasta County, its elected officials, officers, employees, agents, and
volunteers.

2. Include, or be endorsed to contain, coverage for hazardous waste


transportation, when appropriate to the work being performed.

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C. Consultant and any subcontractor shall carry statutorily required Workers'


Compensation Insurance, and Employer's Liability Insurance with limits of $1
million per occurrence or claim, to cover Consultant, subcontractor, Consultant's
partner(s), subcontractor's partner(s), Consultant's employees, and
subcontractor’(s’) employees, covering the full liability for compensation for injury
to those employed by Consultant or subcontractor. Consultant hereby certifies that
Consultant is aware of the provisions of section 3700 of the Labor Code, which
requires every employer to insure against liability for workers' compensation or to
undertake self-insurance in accordance with the provisions of the Labor Code, and
Consultant shall comply with such provisions before commencing the performance
of the work or the provision of services pursuant to this agreement.

D. Without limiting any of the obligations or liabilities of Consultant, Consultant shall


carry Cyber and Privacy Liability Insurance, applicable to the services/work being
performed, with limits of not less than $2 million per occurrence, $2 million
aggregate; covering, but not limited to, claims involving security breach, system
failure, data recovery, damage to persons and property, business interruption,
breach response, regulatory fines and penalties, credit monitoring, cyber extortion,
social engineering, infringement of intellectual property, invasion of privacy
violations, information theft, damage to or destruction of electronic information,
intentional and/or unintentional release of private information, alteration of
electronic information, extortion and network security. Such coverage shall apply
to property damage resulting from any of the above, and for damage to, alteration
of, loss of, or destruction of electronic data and/or information “property” of the
County in the care, custody, or control of the Consultant.

E. Consultant shall require its subcontractors, if any, to carry and maintain insurance
coverage and evidence that equals or exceeds the coverage requirements imposed
upon Consultant by this agreement.

F. With regard to all insurance coverage required by this agreement:

1. Any deductible or self-insured retention exceeding $25,000 for Consultant


or subcontractor shall be disclosed to and be subject to approval by the
Shasta County Risk Manager prior to the effective date of this agreement;
policy shall provide, or be endorsed to provide, that any self-insured
retention or deductible may be satisfied by either the named insured or
County, and must also provide that defense costs satisfy the self-insured
retention or deductible. Any and all deductibles and self-insured retentions
shall be the sole responsibility of Consultant or subcontractor who procured
such coverage, and shall not apply to the Indemnified Additional Insured
Parties. County may deduct from any amounts otherwise due Consultant to
fund the self-insured retention or deductible.

2. If any insurance coverage required hereunder is provided on a “claims


made” rather than “occurrence” form, Consultant or subcontractor shall
maintain such coverage with an effective date earlier or equal to the

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effective date of this agreement and continue coverage for a period of three
years after the expiration of this agreement and any extensions thereof. In
lieu of maintaining post-agreement expiration coverage as specified above,
Consultant or subcontractor may satisfy this provision by purchasing tail
coverage for the claims-made policy. Such tail coverage shall, at a
minimum, provide coverage for claims received and reported three years
after the expiration date of this agreement.

3. In the event coverage is reduced or canceled, or otherwise materially


changed, a notice of said reduction or cancellation or change shall be
provided to County within 24 hours.

4. Consultant hereby grants to Shasta County, its elected officials, officers,


employees, agents, and volunteers, a waiver of any right to subrogation or
recovery which any insurer of said Consultant may acquire against County
by virtue of the payment of any loss under such coverage, and agrees to
obtain any endorsement that may be necessary to affect this waiver; this
provision applies regardless of whether or not County has received such a
waiver or endorsement.

5. Any available insurance proceeds in excess of the specified minimum limits


and insurance coverage pursuant to the terms of this agreement shall be
applicable to County.

6. Before the effective date of this agreement, Consultant shall provide County
with certificates of insurance, and all amendatory endorsements or policy
amendments, as evidence of meeting insurance coverage required of this
agreement; for purposes of verification of Consultant meeting insurance
requirements of this agreement, County reserves the right to require any
policies, declarations, endorsements, and other documentation.

7. Coverage required herein shall be in effect at all times during the term of
this agreement, and may be provided by programs of self-insurance when
supported by adequate evidence meeting appropriate self-insurance and
regulatory compliance. Insurance is to be placed with insurers authorized to
transact business in California, with a current A.M. Best’s rating of not less
than A:VII, unless otherwise authorized by County.

8. In the event any insurance coverage expires at any time during the term of
this agreement, Consultant shall provide County, at least 20 days prior to
said expiration date, a new endorsement or policy amendment evidencing
insurance coverage as provided for herein for not less than the remainder of
the term of this agreement or for a period of not less than one year. In the
event Consultant fails to keep in effect at all times insurance coverage as
herein provided and a renewal endorsement or policy amendment is not
provided within 10 days of the expiration of the endorsement or policy
amendment in effect at inception of this agreement, County may, in addition

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to any other remedies it may have, terminate this agreement upon the
occurrence of such event.

9. For any claims related to this agreement, Consultant’s coverage shall be


primary and non-contributory. Any coverage maintained by Shasta County,
its elected officials, officers, employees, agents, and volunteers, shall be
excess of the Consultant’s coverage and shall not contribute with it.

10. Any failure to comply with reporting provisions of the policies shall not
affect coverage provided to Shasta County, its elected officials, officers,
employees, agents, or volunteers.

Section 12. NOTICE OF CLAIM; APPLICABLE LAW; VENUE.

A. If any claim for damages is filed with Consultant or if any lawsuit is instituted
concerning Consultant’s performance under this agreement and that in any way,
directly or indirectly, contingently or otherwise, affects or might reasonably affect
County, Consultant shall give prompt and timely notice thereof to County. Notice
shall be prompt and timely if given within 30 days following the date of receipt of
a claim or 10 days following the date of service of process of a lawsuit. This
provision shall survive the termination, expiration, or cancellation of this
agreement.

B. Any dispute between the parties, and the interpretation of this agreement, shall be
governed by the laws of the State of California. Any litigation shall be venued in
Shasta County.

Section 13. COMPLIANCE WITH LAWS; NON-DISCRIMINATION.

A. Consultant shall observe and comply with all applicable present and future federal
laws, state laws, local laws, codes, rules, regulations, and/or orders that relate to the
work or services to be provided pursuant to this agreement.

B. Consultant shall not unlawfully discriminate in employment practices or in the


delivery of services on the basis of race, color, creed, religion, national origin, sex,
age, marital status, sexual orientation, medical condition (including cancer, HIV,
and AIDS) physical or mental disability, use of family care leave under either the
Family & Medical Leave Act or the California Family Rights Act, or on the basis
of any other status or conduct protected by law.

C. Consultant represents that Consultant is in compliance with and agrees that


Consultant shall continue to comply with the Americans with Disabilities Act of
1990 (42 U.S.C. sections 12101, et seq.), the Fair Employment and Housing Act
(Government Code sections 12900, et seq.), and regulations and guidelines issued
pursuant thereto. Furthermore, where applicable, Consultant represents and
warrants all websites created for County, or used by Consultant to provide services
pursuant to this agreement shall comply with the Americans with Disabilities Act
of 1990 and shall specifically conform to the Web Content Accessibility Guidelines

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found at www.w3.org.7., and comply with section 508 of the Rehabilitation Act of
1973, as amended (29 U.S.C. 794d), Subpart B, 1194.22.

D. No funds or compensation received by Consultant under this agreement shall be


used by Consultant for sectarian worship, instruction, or proselytization in a manner
prohibited by law.

E. In addition to any other provisions of this agreement, Consultant shall be solely


responsible for any and all damages caused, and/or penalties levied, as the result of
Consultant’s noncompliance with the provisions of this section.

Section 14. ACCESS TO RECORDS; RECORDS RETENTION.

A. County, federal, and state officials shall have access to any books, documents,
papers, and records of Consultant that are directly pertinent to the subject matter of
this agreement for the purpose of auditing or examining the activities of Consultant
or County. Except where longer retention is required by federal or state law,
Consultant shall maintain all records for five years after County makes final
payment hereunder. This provision shall survive the termination, expiration, or
cancellation of this agreement.

B. Consultant shall maintain appropriate records to ensure a proper accounting of all


funds and expenditures pertaining to the work performed or the services provided
pursuant to this agreement. Consultant shall maintain records providing
information that account for all funds and expenses related to the provision of
services provided pursuant to this agreement. Access to these records shall be
provided to County during working days, 8:00 a.m. to 5:00 p.m. and at other times
upon reasonable notice by County, and upon request of state and federal agencies
charged with the administration of programs related to the work or services to be
provided pursuant to this agreement.

C. Consultant agrees to accept responsibility for receiving, replying to, and/or


complying with any audit exception by appropriate federal, state, or County audit
directly related to the provisions of this agreement. Consultant agrees to repay
County the full amount of payment received for duplicate billings, erroneous
billings, audit exceptions, or false or deceptive claims. Consultant agrees that
County may withhold any money due and recover through any appropriate method
any money erroneously paid under this agreement if evidence exists of less than
full compliance with this agreement including, but not limited to, exercising a right
of set-off against any compensation payable to Consultant.

Section 15. COMPLIANCE WITH CHILD, FAMILY, AND SPOUSAL SUPPORT


REPORTING OBLIGATIONS.

Consultant’s failure to comply with state and federal child, family, and spousal support
reporting requirements regarding Consultant’s employees or failure to implement lawfully
served wage and earnings assignment orders or notices of assignment relating to child,
family, and spousal support obligations shall constitute a default under this agreement.

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Consultant’s failure to cure such default within 90 days of notice by County shall be
grounds for termination of this agreement.

Section 16. LICENSES AND PERMITS.

Consultant, and Consultant’s officers, employees, and agents performing the work or
services required by this agreement, shall possess and maintain all necessary licenses,
permits, certificates, and credentials required by the laws of the United States, the State of
California, the County of Shasta, and all other appropriate governmental agencies,
including any certification and credentials required by County. Failure to maintain the
licenses, permits, certificates, and credentials shall be deemed a breach of this agreement
and constitutes grounds for the termination of this agreement by County.

Section 17. PERFORMANCE STANDARDS.

Consultant shall perform the work or services required by this agreement in accordance
with the industry and/or professional standards applicable to Consultant’s work or services.

Section 18. CONFLICTS OF INTEREST.

Consultant and Consultant’s officers and employees shall not have a financial interest, or
acquire any financial interest, direct or indirect, in any business, property, or source of
income that could be financially affected by or otherwise conflict in any manner or degree
with the performance of the work or services required under this agreement.

Section 19. NOTICES.

A. Except as provided in section 6.C. of this agreement (oral notice of termination due
to insufficient funding), any notices required or permitted pursuant to the terms and
provisions of this agreement shall be given to the appropriate Party at the address
specified below or at such other address as the Party shall specify in writing Such
notice shall be deemed given: (1) upon personal delivery; or (2) if sent by certified
or registered mail, postage prepaid, two days after the date of mailing.

If to County: Shasta County Department of Public Works


1855 Placer Street
Redding, CA 96001
Phone: 530-225-5661 Fax: 530-225-5667

If to County IT: Shasta County Information Technology


1450 Court Street
Redding, CA 96001
Phone: 530-225-5273 Fax: 530-225-5275
Email: tschreiber@co.shasta.ca.us

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If to Consultant: Ayren Spinner


Cascade Software Systems
132 E Broadway Suite 800
Eugene, OR 97401
Phone: 541-343-9160

B. Any oral notice authorized by this agreement shall be given to the persons specified
in Section 19.A. and shall be deemed to be effective immediately.

Section 20. AGREEMENT PREPARATION.

It is agreed and understood by the parties that this agreement has been arrived at through
negotiation and that neither Party is to be deemed the Party which created any uncertainty
in this agreement within the meaning of section 1654 of the Civil Code.

Section 21. COMPLIANCE WITH POLITICAL REFORM ACT.

Consultant shall comply with the California Political Reform Act (Government Code
sections 81000, et seq.), with all regulations adopted by the Fair Political Practices
Commission pursuant thereto, and with the County’s Conflict of Interest Code, with regard
to any obligation on the part of Consultant to disclose financial interests and to recuse from
influencing any County decision which may affect Consultant’s financial interests. If
required by the County’s Conflict of Interest Code, Consultant shall comply with the ethics
training requirements of Government Code sections 53234, et seq.

Section 22. PROPERTY TAXES.

Consultant represents and warrants that Consultant, on the date of execution of this
agreement, (1) has paid all property taxes for which Consultant is obligated to pay, or (2)
is current in payments due under any approved property tax payment
arrangement. Consultant shall make timely payment of all property taxes at all times during
the term of this agreement.

Section 23. SEVERABILITY.

If any portion of this agreement or application thereof to any person or circumstance is


declared invalid by a court of competent jurisdiction or if it is found in contravention of
any federal or state statute or regulation or County ordinance, the remaining provisions of
this agreement, or the application thereof, shall not be invalidated thereby and shall remain
in full force and effect to the extent that the provisions of this agreement are severable.

Section 24. COUNTY’S RIGHT OF SETOFF

To the fullest extent permitted by law, County shall have the right but not the obligation,
to setoff, in whole or in part, against any compensation owed to Consultant or any of its
subsidiaries under any contract with the County, any amount of any Federal or State audit
liability owed by or claimed or asserted against the County or any amounts owed to County
by Consultant or its subsidiaries.

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Section 25. COUNTERPARTS/ELECTRONIC, FASCIMILE, AND PDF


SIGNATURES.

This agreement may be executed in any number of counterparts, each of which will be an
original, but all of which together will constitute one instrument. Each Party of this
agreement agrees to the use of electronic signatures, such as digital signatures that meet
the requirements of the California Uniform Electronic Transactions Act ((“CUETA”) Cal.
Civ. Code §§ 1633.1 to 1633.17), for executing this agreement. The Parties further agree
that the electronic signatures of the Parties included in this agreement are intended to
authenticate this writing and to have the same force and effect as manual
signatures. Electronic signature means an electronic sound, symbol, or process attached to
or logically associated with an electronic record and executed or adopted by a person with
the intent to sign the electronic record pursuant to the CUETA as amended from time to
time. The CUETA authorizes use of an electronic signature for transactions and contracts
among Parties in California, including a government agency. Digital signature means an
electronic identifier, created by computer, intended by the party using it to have the same
force and effect as the use of a manual signature, and shall be reasonably relied upon by
the Parties. For purposes of this section, a digital signature is a type of "electronic
signature" as defined in subdivision (i) of Section 1633.2 of the Civil Code. Facsimile
signatures or signatures transmitted via pdf document shall be treated as originals for all
purposes.

SIGNATURE PAGE FOLLOWS

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IN WITNESS WHEREOF, County and Consultant have executed this agreement on the dates
set forth below. By their signatures below, each signatory represents that they have the authority
to execute this agreement and to bind the Party on whose behalf their execution is made.

COUNTY OF SHASTA

Date:
PATRICK JONES, CHAIR
Board of Supervisors
County of Shasta
State of California

ATTEST:

DAVID J. RICKERT
Clerk of the Board of Supervisors

By: INFORMATION TECHNOLOGY APPROVAL


Deputy

By: 07/10/2023 | 11:31 AM PDT


Thomas Schreiber
Chief Information Officer
Approved as to form:

JAMES R. ROSS RISK MANAGEMENT APPROVAL


County Counsel

By: 07/10/2023 | 3:06 PM PDT By: 07/10/2023 | 11:29 AM PDT


Matthew M. McOmber James Johnson
Assistant County Counsel Risk Management Analyst III

CONSULTANT
VALSOFT CORPORATION INC.
Dba Cascade Software

By: By:

Print Name: Michael Assi Print Name: David Felicissimo

Title: President Title: Secretary

Date: 07/10/2023 | 10:05 AM PDT Date: 07/10/2023 | 10:42 AM PDT

Tax I.D. #: 93-1180136

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EXHIBIT A

CASCADE SOFTWARE SYSTEMS, INC.

CAMS Maintenance Rates for Fiscal Year 2023-2024

Programming Rate per Hour $175.00

SQL/DBE Services Rate per Hour $190.00

Onsite Rate per Hour $200.00

Project Management Per Hour $195.00

CAMS Maintenance Rates for Fiscal Year 2024-2025

Programming Rate per Hour $180.00

SQL/DBE Services Rate per Hour $195.00

Onsite Rate per Hour $205.00

Project Management Per Hour $195.00

Rates decrease using sliding scale depending on the total number of hours.

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REPORT TO SHASTA COUNTY BOARD OF SUPERVISORS

BOARD MEETING DATE: August 29, 2023

CATEGORY: Regular Calendar

SUBJECT: Take the following actions: (1) Reject the “Cottonwood Active Transportation Trunk
Line Express Project,” Contract No. 704047, (“Project”) on the basis of public
opposition; (2) find rejection of the Project exempt from the California Environmental
Quality Act (CEQA) pursuant to State CEQA Guidelines sections 15061(b)(4) and
15270(a); (3) direct staff to file a Notice of Exemption with the Shasta County Clerk;
and (4) designate authority to sign all documents necessary to terminate the Project.

DEPARTMENT: Public Works

SUPERVISORIAL DISTRICT #: District 5

DEPARTMENT CONTACT: Troy Bartolomei, Interim Director of Public Works, (530) 225-5661

STAFF REPORT APPROVED BY: Troy Bartolomei, Interim Director of Public Works

Vote Required? General Fund Impact?


Simple Majority Vote No General Fund Impact

RECOMMENDATION
Take the following actions: (1) Reject the “Cottonwood Active Transportation Trunk Line Express Project,” Contract No. 704047,
(“Project”) on the basis of public opposition; (2) find rejection of the Project exempt from the California Environmental Quality
Act (CEQA) pursuant to State CEQA Guidelines sections 15061(b)(4) and 15270(a); (3) direct staff to file a Notice of Exemption
with the Shasta County Clerk; and (4) authorize the Public Works Director, or their designee, to sign all documents necessary to
terminate the project.

DISCUSSION
In 2013, California consolidated many separate nonmotorized transportation programs into the Active Transportation
Program (ATP). Between October 2019 and September 2020, Shasta Regional Transportation Agency (SRTA) and
County staff developed several local candidate projects including the Cottonwood Active Transportation Trunk Line
Express project (CATTLE). Paths were proposed across the freeway and along local streets in Cottonwood. In September
2020, County staff applied to the California Transportation Commission (CTC) to fund CATTLE. In 2021, the CTC set
aside $14,000,000 for the project. In 2022, environmental studies commenced pursuant to the California Environmental
Quality Act (CEQA).

Prior to funding approval, there was community support. There has since been considerable opposition. Cottonwood
citizens value their established rural community character. Path construction would have impacts (right-of-way
acquisition, utility relocations, traffic, drainage, landscaping, visual, historical, etc.). Several hundred local citizens have
signed a petition opposing the project (see attachment). Cottonwood is listed on the National Register of Historic Places.
An Environmental Impact Report (EIR) would be necessary to vet the issues.

CATTLE may not be a good fit for Cottonwood. Staff proposes to terminate the project at this point, in lieu of further
investments of time and resources. CEQA Guidelines section 15270(a) states, “CEQA does not apply to projects which
a public agency rejects or disapproves.”
Page 1
ALTERNATIVES
The Board may decline to terminate the CATTLE project at this time. The CEQA process would proceed at a cost of approximately
$1,000,000. If the EIR were approved and barring legal challenges, right-of-way acquisition and utility relocations could follow.

OTHER AGENCY INVOLVEMENT


Caltrans oversees project funding and the environmental review process. The Recommendation has been reviewed by County
Counsel and the County Administrative Office.

FISCAL IMPACT
The estimated total project cost is $17,300,000. State and federal funding may cover up to $14,000,000 in eligible project costs. If
the project is terminated, expenses to date will be 100% reimbursable. If the project proceeds, the County and SRTA have committed
one-half of the estimated $3,300,000 in matching funds via gas taxes, to the exclusion of other uses. Sufficient appropriations are
included in the Adopted Fiscal Year 2023-24 Roads budget.

ATTACHMENTS:
1: CATTLE Project Opposition Signatures

Page 2
REPORT TO SHASTA COUNTY BOARD OF SUPERVISORS

BOARD MEETING DATE: August 29, 2023

CATEGORY: Consent Calendar

SUBJECT: Award and approve the purchase of one 2024 Dodge Ram 5500 truck with options to
Crown Motors of Redding, under Sourcewell Contract #080818-HPI.

DEPARTMENT: Public Works

SUPERVISORIAL DISTRICT #: All

DEPARTMENT CONTACT: Troy Bartolomei, Interim Director of Public Works, (530) 225-5661

STAFF REPORT APPROVED BY: Troy Bartolomei, Interim Director of Public Works

Vote Required? General Fund Impact?


Simple Majority Vote No General Fund Impact

RECOMMENDATION
Award and approve the purchase of one 2024 Dodge Ram 5500 truck with options for a total price of $131,953 to Crown Motors
of Redding, California under Sourcewell Contract #080818-HPI.

DISCUSSION
Heavy trucks are used to maintain County roads (hauling materials and equipment, snowplowing, etc.). The County must comply
with the California Air Resources Board (CARB) emission requirements by 2025. Modern computer-controlled engines (Tier 4)
are generally required. The County fleet is on track to comply with the new standard. A dump truck is proposed for replacement
this year. Crown Motors provided a quote per Sourcewell Contract #080818-HPI. The Sourcewell (formally NJPA) contract satisfies
competitive procurement requirements in accordance with Section 2.11 of Administrative Policy 6-101.

ALTERNATIVES
The Board may decline or postpone the purchase. This is not recommended. It would impact the Department’s ability to meet the
CARB 2025 requirements.

OTHER AGENCY INVOLVEMENT


County Purchasing supports the purchase. The Recommendation has been reviewed by the County Administrative Office.

FISCAL IMPACT
Sufficient appropriations for the purchase are included in the Adopted Fiscal Year 2023-24 Roads budget. Gas Tax revenue will
cover the cost of the purchase.

ATTACHMENTS:
1: Crown Motors Proposal

Page 1
REPORT TO SHASTA COUNTY BOARD OF SUPERVISORS

BOARD MEETING DATE: August 29, 2023

CATEGORY: Consent Calendar

SUBJECT: Approve the following budget amendments: (1) Increase appropriations and revenue by
$320,000 in the Land Buildings and Improvements (LB&I) Budget (BU 166); (2) adjust
appropriations by $50,000 in the Detention Annex/Work Facility Budget (BU 246) from
Account 033791 to Account 095166; (3) adjust appropriations by $60,000 in the Burney
Substation Budget (BU 261) from Account 033791 to Account 095166; (4) adjust
appropriations by $110,000 in the CSA No. 1 Fire Protection Administration Budget
(BU 391) from Account 033791 to Account 095166; (5) adjust appropriations by
$60,000 in the Public Defender Administration Budget (BU 207) from Account 033791
to Account 095166; and (6) adjust appropriations by $40,000 in the Public Health Budget
(BU 411) from Account 033791 to Account 095166.

DEPARTMENT: Public Works

SUPERVISORIAL DISTRICT #: All

DEPARTMENT CONTACT: Troy Bartolomei, Interim Director of Public Works, (530) 225-5661

STAFF REPORT APPROVED BY: Troy Bartolomei, Interim Director of Public Works

Vote Required? General Fund Impact?


4/5 Vote No Additional General Fund Impact

RECOMMENDATION
Approve the following budget amendments: (1) Increase appropriations and revenue by $320,000 in the Land Buildings and
Improvements (LB&I) Budget (BU 166); (2) adjust appropriations by $50,000 in the Detention Annex/Work Facility Budget (BU
246) from Account 033791 to Account 095166; (3) adjust appropriations by $60,000 in the Burney Substation Budget (BU 261)
from Account 033791 to Account 095166; (4) adjust appropriations by $110,000 in the CSA No. 1 Fire Protection Administration
Budget (BU 391) from Account 033791 to Account 095166; (5) adjust appropriations by $60,000 in the Public Defender
Administration Budget (BU 207) from Account 033791 to Account 095166; and (6) adjust appropriations by $40,000 in the Public
Health Budget (BU 411) from Account 033791 to Account 095166.

DISCUSSION
In June, the Board adopted the current Fiscal Year (FY) 2023-24 budgets. Capital expenditures were budgeted based upon the best
available information. A review of maintenance projects in the Facilities Management division was performed. It was determined
that the roof replacement at the Sheriff Detention Annex/Work facility, the windows replacement at the Public Defender Office, the
roof replacement at Fire Station 72, the generator installation and transfer switch at Fire Station 70, the awning replacement at the
Public Health Lab, and the remodel at the Burney Substation were budgeted as maintenance projects that needed to be capitalized
through LB&I.

These budget amendments are technical amendments moving appropriations from services and supplies to capital projects, and
budgeting for the transfer of project funds to the LB&I fund for completion of such projects.

ALTERNATIVES
The Board may decline to approve the budget amendments. Appropriations to capitalize expenditures will remain with their
respective department.

Page 1
OTHER AGENCY INVOLVEMENT
The Recommendation has been reviewed by the County Administrative Office.

FISCAL IMPACT
Upon approval of the Recommendation, sufficient appropriations will be available in the FY 2023-24 LB&I budget for all
projects. Revenue transferred into LB&I from benefiting departments will cover the cost of all projects. The projects were already
included in the department’s budgets.

ATTACHMENTS:
1: LB&I BA Memos

Page 2
REPORT TO SHASTA COUNTY BOARD OF SUPERVISORS

BOARD MEETING DATE: August 29, 2023

CATEGORY: Consent Calendar

SUBJECT: Approve and authorize the Public Works Director to sign a Notice of Completion for the
“County Service Area No. 6 Jones Valley Water Meter Replacement, Backwash Pump
Installation, and SCADA Improvement Project, Schedule A-Water Meter Replacements
Project,” Contract No. 610858, and record it within 15 days of actual completion.

DEPARTMENT: Public Works

SUPERVISORIAL DISTRICT #: District 4

DEPARTMENT CONTACT: Troy Bartolomei, Interim Director of Public Works, (530) 225-5661

STAFF REPORT APPROVED BY: Troy Bartolomei, Interim Director of Public Works

Vote Required? General Fund Impact?


Simple Majority Vote No Additional General Fund Impact

RECOMMENDATION
Approve and authorize the Public Works Director to sign a Notice of Completion for the “County Service Area No. 6 Jones Valley
Water Meter Replacement, Backwash Pump Installation, and SCADA Improvement Project, Schedule A-Water Meter
Replacements Project,” Contract No. 610858, and record it within 15 days of actual completion.

DISCUSSION
On November 21, 2022, SnL Group Inc., was awarded the contract for construction on the County Service Area No. 6 Jones Valley
Water Meter Replacement, Backwash Pump Installation, and SCADA Improvement Project, Schedule A-Water Meter
Replacements. The project consists of the replacement of approximately 400 water meters with contactless reading device and 200
customer valves. The work is nearly complete.

ALTERNATIVES
The Board may decline to authorize the filing of a Notice of Completion. The lien period would extend for 90 days instead of 30
days. Final payment to the contractor would be delayed by 60 days.

OTHER AGENCY INVOLVEMENT


The Recommendation has been reviewed by the County Administrative Office.

FISCAL IMPACT
The total cost of the project is estimated to be $520,000. Sufficient appropriations for the project are included in the Fiscal Year
2023-24 CSA #6 Jones Valley Water Administration budget. A grant from the California State Water Resources Control board will
cover 100% of the project costs. The CSA #6 fund may experience negative cash while awaiting reimbursement.

ATTACHMENTS:
None

Page 1
REPORT TO SHASTA COUNTY BOARD OF SUPERVISORS

BOARD MEETING DATE: August 29, 2023

CATEGORY: Consent Calendar

SUBJECT: Approve a contract with Western Indoor Environmental Services for heating
ventilation and air conditioning services resulting from Request for Quotes 23-23.

DEPARTMENT: Public Works

SUPERVISORIAL DISTRICT #: All

DEPARTMENT CONTACT: Troy Bartolomei, Interim Director of Public Works, (530) 225-5661

STAFF REPORT APPROVED BY: Troy Bartolomei, Interim Director of Public Works

Vote Required? General Fund Impact?


Simple Majority Vote No Additional General Fund Impact

RECOMMENDATION
Take the following actions regarding Request for Quote (RFQ) 23-23 for heating, ventilation and air conditioning (HVAC) for
County facilities: (1) Approve and authorize the Support Services Department-Purchasing Unit to award RFQ 23-23 to Western
Indoor Environmental Services; and (2) approve a contract in an amount not to exceed $200,000, with no single project to exceed
$60,000, for a two-year term effective date of signing with Western Indoor Environmental Services.

DISCUSSION
On April 28, 2023, the Support Services Department-Purchasing Unit (County Purchasing) released RFQ 23-23 for HVAC services,
including duct cleaning. Western Indoor Environmental Services submitted the only proposal. Their proposal was
responsive. They are qualified to perform the work. It is recommended that Western Indoor Environmental Services be awarded
RFQ 23-23, and the requisite contract be approved.

ALTERNATIVES
The Board may decline to award the contract. Aggregate contracts expedite response to urgent situations which may arise with
HVAC equipment. This would be the only aggregate contract that provides for duct cleaning.

OTHER AGENCY INVOLVEMENT


County Purchasing managed the Request for Quotes process. County Counsel has approved the contract as to form. Risk
Management has approved the contract. The Recommendation has been reviewed by the County Administrative Office.

FISCAL IMPACT
Page 1
Sufficient appropriations for current costs are included in the Adopted Fiscal Year 2023-24 budgets of benefiting
departments. Revenue from benefiting departments will cover the costs.

ATTACHMENTS:
1: Western Indoor Environmental Services Contract

Page 2
DocuSign Envelope ID: 20EC0BA1-25B4-4C48-9705-CE7991DD1E84

No Withholding

AGGREGATE PUBLIC WORKS


CONSTRUCTION CONTRACT

THIS CONTRACT is between the County of Shasta, a political subdivision of the State of
California, through its Facilities Management Division of the Department of Public Works
(“County”) and Western Indoor Environmental Services, a California Corporation (“Contractor”)
for HVAC Services and Air Duct Cleaning.

Section 1. THE WORK

Contractor shall perform all the work required by the Contract Documents. The work is
described generally as follows:

1.1 It is the intent of the parties that the Contractor shall undertake, at the County’s
written direction, a number of small public works projects (“Project”) during the
term of this Contract as requested by County. Contractor shall perform HVAC
services and Air Duct Cleaning. Each such Project shall be negotiated between the
Contractor and County. The scope of work, materials type, schedule, Project time
limit, and each Project price shall be agreed to in writing between the Contractor
and Facilities Management. A purchase order number shall be issued prior to the
commencement of each Project and shall be considered a notice to proceed (“Notice
to Proceed”) with the work. In no event shall the total sum payable for all Projects
assigned under this Contract exceed the amount set forth in Section 3 of this
Contract.

1.2 The work to be undertaken by Contractor with regard to each Project shall include
all labor, equipment, parts, and materials, and be performed to the satisfaction of
the County.

1.3 County shall provide reasonable access to County’s property and/or buildings as
needed by Contractor to perform the work required for each Project.

1.4 No single Project cost may exceed $60,000 and no single Project may be split into
two or more separate parts in an attempt to bring each part under this $60,000 limit.
In determining whether any Project costs $60,000 or less, all costs of labor and
overhead must be included.

Section 2. TIME OF COMMENCEMENT AND COMPLETION

2.1 The initial term of this Contract shall be for one year beginning as of the last date
it has been signed by both parties. The term of this Contract shall be extended for
one additional one-year term under the same terms and conditions unless written
notice of non-renewal is provided to Contractor at least 30 days prior to the
expiration of the initial term or the then current term.

2.2 Notwithstanding the foregoing, County shall not be obligated for payments
hereunder for any future County fiscal year unless or until County’s Board of

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Supervisors appropriates funds for this Contract in County’s budget for that County
fiscal year. In the event that funds are not appropriated for this Contract, then this
Contract shall end as of June 30 of the last County fiscal year for which funds for
this Contract were appropriated. For the purposes of this Contract, the County
fiscal year commences on July 1 and ends on June 30 of the following year. County
shall notify Contractor in writing of such non-appropriation at the earliest possible
date.

2.3 The Project shall be commenced within seven days of issuance by County of a
written Notice to Proceed with the work on the Project, and shall be completed no
later than 30 days following issuance of the Notice to Proceed (“Completion Date”).
Time is of the essence of this Contract.

2.4 If Contractor materially fails to perform Contractor’s responsibilities under this


Contract to the satisfaction of County, or if Contractor fails to fulfill in a timely and
professional manner Contractor’s responsibilities under this Contract, or if
Contractor violates any of the terms or provisions of this Contract, then County
shall have the right to terminate this Contract for cause effective immediately upon
the County giving written notice thereof to Contractor. If termination for cause is
given by County to Contractor and it is later determined that Contractor was not in
default or the default was excusable, then the notice of termination shall be deemed
to have been given without cause pursuant to paragraph 2.4 of this section.

2.5 County may terminate this Contract without cause on 30 days written notice to
Contractor.

2.6 County may terminate this Contract immediately upon oral notice should funding
cease or be materially decreased during the term of this Contract.

2.7 County’s right to terminate this Contract may be exercised by the Shasta County
Board of Supervisors, the Shasta County Executive Officer or their designee or the
County’s Public Works Director.

2.8 If this Contract is terminated, Contractor shall only be paid for services
satisfactorily completed and provided prior to the effective date of termination.

Section 3. CONTRACT SUM

3.1 The Contract Sum is the total amount payable by County to Contractor for
completion of all of the work under this Contract. The Contract Sum shall not
exceed $200,000 unless otherwise modified in accordance with this Contract.

3.2 Contractor shall be paid via electronic invoice payment; automated clearing house
(“ACH”), County credit card, or Commerce Bank virtual card. ACH payments
require submission of the completed Auditor-Controller ACH/Direct Deposit
authorization form within five days of execution of this Contract.

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3.3 Contractor shall be paid at the rates for each project as mutually agreed upon by the
Parties and rates of compensation shall also comply with Exhibit A, attached and
incorporated herein, for the services described in Section 1 of this Contract.

Section 4. PAYMENT SCHEDULE

4.1 If the Completion Date of this Contract as specified in Section 2 is 30 or fewer calendar
days after the issuance of the Notice to Proceed, County shall make a lump sum
payment of 95 percent of the Contract Sum upon substantial completion of the Project.

4.2 If the Completion Date of this Contract as specified in Section 2 is more than 30
calendar days after the issuance of the Notice to Proceed, Contractor shall submit
to County on or before the fifth day of each month an application for payment
(“Application for Payment”) specifying in detail the labor and materials expended
toward completion of the Project during the previous month. County's review of
the Application for Payment and estimate of the value of labor and materials
expended toward completion of the Project shall be final. County shall pay to
Contractor, by the 20th of each month, 95 percent of the value, as determined by
County in its sole discretion, of the labor and materials expended toward
completion of the Project during the previous month. Upon substantial completion
of the Project, County shall have paid to Contractor through monthly payments as
set forth above, 95 percent of the Contract Sum. County shall make final payment
of the remaining 5 percent (the “Retention”) not later than 45 days after substantial
completion of the Project, provided the Contract is then fully performed and the
Project has been accepted by County, and subject to the provisions of Sections 5
and 8. The payment of progress payments shall not be construed as an absolute
acceptance of the Project up to the time of such payments, the entire Project being
subject to final inspection and approval of County.

4.3 If progress payments are to be made under this Contract, the provisions of Public
Contract Code section 20104.50 apply. Section 20104.50 provides that:

.1 If the County fails to make any progress payment within 30 days after
receipt of an undisputed and properly submitted payment request from
Contractor, County shall pay interest to Contractor thereon at the legal rate
of Code of Civil Procedure Section 685.010;

.2 County shall review each payment request as soon as practicable after


receipt to determine if it is proper;

.3 County shall return to the Contractor within seven days of its receipt by
County any payment request that County determines to be improper
together with a written statement of reasons why the request is not proper;
and

.4 The number of days available to County to make a payment without


incurring interest shall be reduced by the number of days by which County
exceeds the seven-day return requirement.

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A progress payment does not include any portion of the final payment designated as the
Retention.

Section 5. PAYMENTS

5.1 Except as provided in this Section, payments to Contractor shall be made as


provided in Section 4.

5.2 Payments may be withheld on account of: (1) Defective work not remedied; (2)
claims or stop notices filed; (3) failure of Contractor to make payments properly to
subcontractors or for labor, materials, or equipment; (4) damage to another
contractor; or (5) unsatisfactory prosecution of the work by Contractor.

5.3 Final payment shall not be due until Contractor has delivered to County a complete
release of all stop notices arising out of this Contract or receipts in full covering all
labor, materials, and equipment for which a lien could be filed, or a bond
satisfactory to County indemnifying County against any such notice or lien.

5.4 No payment issued to Contractor by County or on behalf of County, shall be


construed to be a waiver by County of its right to seek any remedy, or assert any
cause of action, in law or equity for breach of any provision of this Contract.

Section 6. CONTRACT DOCUMENTS

6.1 The Contract Documents shall consist of this Contract; any supplemental or special
conditions to this Contract; any plans, specifications, and drawings; any addenda
and bulletins; and any other documents, including but not limited to change orders
and modifications, signed by both parties relating to the Project. The intention of
the Contract Documents is to place on Contractor the obligation to provide all labor,
materials, equipment, and other items necessary for the proper execution and
completion of the Project and the terms and conditions of payment therefor, and
also to perform all work which may be reasonably necessary to produce the
intended results.

6.2 If specifications and drawings have been prepared for the Project, the specifications
and drawings are intended to correlate so that any work exhibited in the drawings
and not mentioned in the specifications, or vice versa, is to be executed the same as
if both were mentioned in the specifications and set forth in the drawings.

6.3 The term “work” as used in the Contract Documents includes all labor necessary to
complete the Project and all materials and equipment incorporated or to be
incorporated in construction of the Project.

Section 7. CONTRACTOR

7.1 Contractor acknowledges that Contractor (as well as Contractor's principals,


employees, subcontractors, and suppliers) is an independent contractor and not an
employee, agent, or representative of County and that nothing in this Contract is

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intended to alter Contractor's independent contractor status. Contractor


acknowledges that Contractor shall be solely responsible for and shall indemnify
and hold County harmless from all matters relating to payment of Contractor's
employees, subcontractors, suppliers, and others, including compliance with Social
Security, withholding and all other regulations governing such matters.

7.2 Contractor shall supervise and direct the work using Contractor's best skill and
attention. Contractor shall be solely responsible for all construction means,
methods, techniques, sequences, and procedures and for coordinating all portions
of the work under this Contract. If the work of this Contract is part of a larger
project, Contractor shall communicate and cooperate with County and any other
contractors on the larger project to the extent necessary so that the performance and
sequence of the larger project may be carried forward in good order and in a timely
manner.

7.3 Unless otherwise specifically noted in a writing signed by County, Contractor shall
provide and pay for all labor, materials, equipment, tools, construction equipment
and machinery, water, heat, utilities, transportation, and other facilities and services
necessary for the proper execution and completion of the Project.

7.4 Contractor shall at all times enforce strict discipline and good order among
Contractor's employees, and shall not employ on the Project any unfit person or
anyone not skilled in the task assigned.

7.5 Contractor represents and warrants to County that all materials and equipment
incorporated in the Project will be new unless otherwise specified, and that all work
will be of good quality, free from faults and defects, and in conformance with the
Contract Documents. All work not so conforming to these standards may be
considered defective. This warranty shall be in addition to any other warranty
provided by law or contract.

7.6 Contractor shall pay all sales, consumer, use, and other similar taxes required by
law and shall secure and pay for all permits, fees, and licenses necessary for the
execution of the work and completion of the Project.

7.7 Contractor shall give all notices and comply with all laws, ordinances, rules,
regulations, and orders of any public authority bearing on the performance of the
work and completion of the Project, and shall notify County if any of the Contract
Documents are at variance therewith.

7.8 Contractor shall be responsible for the acts and omissions of all Contractor's
employees and all subcontractors, their agents, and employees, and all other
persons performing any of the work toward completion of the Project under a
contract with Contractor.

7.9 Contractor at all times shall keep the premises free from accumulation of waste
materials or rubbish caused by Contractor's operations. Upon completion of the
Project, Contractor shall remove all of Contractor's waste materials and rubbish
from and about the Project as well as all of Contractor's tools, construction

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equipment, machinery, and surplus materials. If Contractor fails to comply with


this provision (Section 7.9), County may clean up the premises and charge the costs
to Contractor. County may, in its sole discretion, deduct such costs from any sums
owing Contractor or County may send a bill for such costs to Contractor and
Contractor shall pay the County’s costs within 30 days of receipt of County’s bill
therefor.

7.10 Contractor acknowledges that Contractor has made an independent investigation of


the Project site, including underground conditions and all other conditions that
might affect the progress of the work and is satisfied as to those conditions.

7.11 Contractor acknowledges that Contractor has read and understands all of the
Contract Documents.

7.12 Contractor acknowledges awareness of the provisions of subdivision (b) of Public


Contract Code section 7103.5, which states as follows:

In entering into a public works contract or a subcontract to supply


goods, services, or materials pursuant to a public works contract, the
contractor or subcontractor offers and agrees to assign to the
awarding body all rights, title and interest in and to all causes of
action it may have under Article 4 of the Clayton Act (15 U.S.C. §.
15) or under the Cartwright Act (Chapter 2 (commencing with
section 16700) of Part 2 Division 7 of the Business and Professions
Code), arising from purchase of goods, services, or materials
pursuant to the public works contract or the subcontract. This
assignment shall be made and become effective at the time the
awarding body tenders final payment to the contractor, without
further acknowledgment by the parties.

Section 8. LIQUIDATED DAMAGES

8.1 The time limit specified in Section 2 is of the essence of this Contract. Contractor
shall complete the Project by the Completion Date specified in Section 2 unless
County agrees in writing to an extension of time.

8.2 The term “day” as used in the Contract Documents shall mean calendar day.

8.3 Failure to complete the Project within the time and in the manner provided for by
the Contract Documents shall subject Contractor to liquidated damages.

8.4 The actual occurrence of damages and the actual amount of the damages which
County would suffer if the Project were not completed within the specified time set
forth are dependent upon many circumstances and conditions which could prevail
in various combinations, and it is impracticable and extremely difficult to fix the
actual damages. Damages which County would suffer in the event of delay include,
but are not limited to, loss of the use of the work product, costs of administration,
inspection, supervision, and the loss suffered by the public by reason of the delay
in the Project. Accordingly, the parties agree that the amount herein set forth shall

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be presumed to be the amount of damages sustained by the failure of Contractor to


complete the Project within the time specified. Contractor agrees that the liquidated
damages are not manifestly unreasonable under the circumstances and agrees that
such sum is not intended as a penalty against the Contractor.

8.5 The amount of liquidated damages to be paid by Contractor to County for failure
to complete the Project as specified in this Contract will be $250.00 for each day
by which completion of the Project is delayed beyond the Completion Date, such
amount being the actual cash value agreed upon as the loss to County resulting from
Contractor's default.

8.6 In the event Contractor shall become liable for liquidated damages under this
Section, County, in addition to all other remedies provided by law, shall have the
right to withhold all or any part of the Retention which would otherwise be or
become due Contractor, until the liability of Contractor under this Section has been
fully satisfied. If the Retention is not sufficient to discharge all liabilities of
Contractor incurred under this Section, Contractor and Contractor’s sureties shall
continue to remain liable to County until all such liabilities are fully satisfied.

Section 9. PROTECTION OF PERSONS AND PROPERTY

Contractor shall be responsible for initiating, maintaining, and supervising all safety
precautions and programs in connection with the work on the Project, or any part thereof.
Contractor shall take all reasonable precautions for the safety of, and shall provide all
reasonable protection to prevent damage, injury, or loss to: (1) All employees on the Project
and other persons who may be affected thereby; (2) all the work and all materials and
equipment to be incorporated in the Project; and (3) other property at the Project site or
adjacent thereto. In executing the work to complete the Project, or any part thereof,
Contractor shall comply with all applicable laws, ordinances, rules, regulations, and orders
of any public authority having jurisdiction over the safety of persons or property or to
protect them from damage, injury, or loss. With respect to the work to complete the Project,
or any part thereof, all damages or loss to any property caused in whole or in part by
Contractor, any subcontractor, any sub-subcontractor, or anyone directly or indirectly
employed by any of them, or by anyone for whose acts any of them may be liable, shall be
remedied by Contractor, except damage or loss directly and solely attributable to the
negligent acts or omissions of County.

Section 10. INDEMNITY

To the fullest extent permitted by law, Contractor shall indemnify and hold harmless
County, its elected officials, officers, employees, agents, and volunteers against all claims,
suits, actions, costs, expenses, (including, but not limited to, reasonable attorney's fees of
County Counsel and counsel retained by County, expert fees, litigation costs, and
investigation costs), damages, judgments, or decrees arising from the work or the provision
of services undertaken pursuant to this Contract by Contractor, or by any of Contractor’s
subcontractors, any person employed under Contractor, or under any subcontractor, or in
any capacity, except when the injury or loss is caused by the sole negligence or intentional
wrongdoing of County. Contractor shall also, at Contractor’s own expense, defend the
County, its elected officials, officers, employees, agents, and volunteers, against any claim,

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suit, action or proceeding brought against County, its elected officials, officers, employees,
agents, and volunteers, arising from the work or the provision of services undertaken
pursuant to this Contract by Contractor, or any of Contractor’s subcontractors, any person
employed under Contractor, or under any Subcontractor, or in any capacity. Contractor
shall also defend and indemnify County for any adverse determination made by the Internal
Revenue Service or the State Franchise Tax Board and/or any other taxing or regulatory
agency and shall defend, indemnify, and hold harmless County with respect to Contractor’s
“independent contractor” status that would establish a liability on County for failure to
make social security deductions or contributions or income tax withholding payments, or
any other legally mandated payment. The provisions of this paragraph are intended to be
interpreted as broadly as permitted by applicable law. This provision shall survive the
termination, expiration, or cancellation of this Contract. The Indemnification provisions
are independent of, and shall not in any way be limited by, Contractor’s insurance coverage
or lack of coverage, or by the insurance requirements of this Contract. County
acknowledgement or approval of Contractor’s evidence of insurance coverage required by
this Contract does not in any way relieve Contractor from its obligations under this Section.

Section 11. CONTRACTOR'S INSURANCE

Without limiting Contractor’s duties of defense and indemnification:

11.1 Contractor and any subcontractor shall carry, from an insurance carrier authorized
to transact business in the State of California, Commercial General Liability
Insurance, and other coverage necessary to protect County and the public with
limits of liability of not less than $2 million per occurrence or claim. Such
insurance shall:

.1 Be equivalent to the current Insurance Services Office (ISO) form CG 00


01, assuring coverage for products and completed operations, property
damage, bodily injury, and personal and advertising injury.

.2 Include an endorsement, or an amendment to the policy of insurance,


naming Shasta County, its elected officials, officers, employees, agents, and
volunteers as additional insureds; the additional insureds coverage shall be
equal to the current ISO forms CG 20 10 for ongoing operations, and CG
20 37 for completed operations.

.3 Apply separately to this project and location(s); in the event of a general


aggregate limit, the general aggregate limit shall be twice the required per
occurrence limit.

.4 Contain, or be endorsed to contain, a “separation of insureds” clause which


shall read, or have the same effect as the following:

“Separation of Insureds.

Except with respect to the Limits of Insurance, and any rights or duties
specifically assigned in this Coverage Part to the first Named Insured, this
insurance applies:

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a. As if each Named Insured were the only Named Insured; and

b. Separately to each suit insured against whom a claim is made


or suit is brought.”

11.2 Contractor and any subcontractor shall carry Automobile Liability Insurance
coverage any auto, unless Contractor has no owned autos then covering at minimum
hired and non-owned autos, with limits of $1 million per occurrence or claim. Such
coverage shall:

.1 Include, or be endorsed to contain, Additional Insured coverage in favor of


Shasta County, its elected officials, officers, employees, agents, and
volunteers.

.2 Include, or be endorsed to contain, coverage for hazardous waste


transportation, when appropriate to the work being performed.

11.3 Contractor and any subcontractor shall carry statutorily required Workers'
Compensation Insurance, and Employer's Liability Insurance with limits of $1
million per occurrence or claim, to cover Contractor, subcontractor, Contractor's
partner(s), subcontractor's partner(s), Contractor's employees, and
subcontractor’(s’) employees covering the full liability for compensation for injury
to those employed by Contractor or subcontractor. Contractor hereby certifies that
Contractor is aware of the provisions of section 3700 of the Labor Code, which
requires every employer to insure against liability for workers' compensation or to
undertake self-insurance in accordance with the provisions of the Labor Code, and
Contractor shall comply with such provisions before commencing the performance
of the work or the provision of services pursuant to this contract.

11.4 Contractor shall require its subcontractors, if any, to carry and maintain coverage
and evidence that equals or exceeds the coverage requirements imposed upon
Contractor by this Contract.

11.5 With regard to all insurance coverage required by this Contract:

.1 Any deductible or self-insured retention exceeding $25,000 for Contractor


or subcontractor shall be disclosed to and be subject to approval by the
Shasta County Risk Manager prior to the effective date of this Contract;
policy shall provide, or be endorsed to provide, that any self-insured
retention or deductible may be satisfied by either the named insured or
County, and must also provide that defense costs satisfy the self-insured
retention or deductible. Any and all deductibles and self-insured retentions
shall be the sole responsibility of Contractor or subcontractor who procured
such coverage, and shall not apply to the Indemnified Additional Insured
Parties. County may deduct from any amounts otherwise due Contractor to
fund the self-insured retention or deductible.

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.2 If any insurance coverage required hereunder is provided on a “claims


made” rather than “occurrence” form, Contractor or subcontractor shall
maintain such coverage with an effective date earlier or equal to the
effective date of this Contract and continue coverage for a period of three
years after the expiration of this Contract and any extensions thereof. In lieu
of maintaining post-Contract expiration coverage as specified above,
Contractor or subcontractor may satisfy this provision by purchasing tail
coverage for the claims-made policy. Such tail coverage shall, at a
minimum, provide coverage for claims received and reported three years
after the expiration date of this Contract.

.3 In the event coverage is reduced or canceled, or otherwise materially


changed, a notice of said reduction or cancellation or change shall be
provided to County within 24 hours.

.4 Contractor hereby grants to Shasta County, its elected officials, officers,


employees, agents, and volunteers, a waiver of any right to subrogation or
recovery which any insurer of said Contractor may acquire against County
by virtue of the payment of any loss under such coverage, and agrees to
obtain any endorsement that may be necessary to affect this waiver; this
provision applies regardless of whether or not County has received such a
waiver or endorsement.

.5 Any available insurance proceeds in excess of the specified minimum limits


and insurance coverage pursuant to the terms of this contract shall be
applicable to County.

.6 Before the effective date of this contract, Contractor shall provide County
with certificates of insurance, and all amendatory endorsements or policy
amendments as evidence of meeting insurance coverage required of this
contract; for purposes of verification of Contractor meeting insurance
requirements of the contract, County reserves the right to require any
policies, declarations, endorsements, and other documentation.

.7 Coverage required herein shall be in effect at all times during the term of
this Contract and may be provided by programs of self-insurance when
supported by adequate evidence meeting appropriate self-insurance and
regulatory compliance. Insurance is to be placed with insurers authorized to
transact business in California, with a current A.M. Best’s rating of not less
than A-VII, unless otherwise authorized by County.

.8 In the event any insurance coverage expires at any time during the term of
this Contract, Contractor shall provide County, at least 20 days prior to said
expiration date, a new endorsement or policy amendment evidencing
insurance coverage as provided for herein for not less than the remainder of
the term of this Contract or for a period of not less than one year. In the
event Contractor fails to keep in effect at all times insurance coverage as
herein provided and a renewal endorsement or policy amendment is not
provided within 10 days of the expiration of the endorsement or policy

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amendment in effect at inception of this Contract, County may, in addition


to any other remedies it may have, terminate this Contract upon the
occurrence of such event.

.9 For any claims related to this agreement, Contractor’s coverage shall be


primary and non-contributory. Any coverage maintained by Shasta County,
its elected officials, officers, employees, agents, and volunteers, shall be
excess of the Contractor’s coverage and shall not contribute with it.

.10 Any failure to comply with reporting provisions of the policies shall not
affect coverage provided to Shasta County, its elected officials, officers,
employees, agents, or volunteers.

Section 12. CHANGES IN THE WORK

12.1 Contractor and County agree that changes in this Contract or in the work shall
become effective only when written in the form of a Supplemental Contract or
Change Order and approved and signed by County and Contractor. If this Contract
has been executed by County’s Board of Supervisors or Executive Officer, and if
the Supplemental Contract or change order does not result in raising the level of
compensation above $60,000, the County’s Public Works Director may sign the
Supplemental Contract or Change Order for County. It is specifically agreed that
County shall have the right to request any alterations, deviations, reductions, or
additions to the Contract Documents, including without limitation the plans and
specifications or any of them, and the amount of the cost thereof shall be added to
or deducted from the amount of the Contract Sum by fair and reasonable valuations.
This Contract shall be held to be completed when the work is completed in
accordance with the original plans and specifications as amended by any
Supplemental Contract(s) or Change Order(s). If a Supplemental Contract or
Change Order requires an extension of time, time for completion of the work shall
be extended to the date specified in the Supplemental Contract or Change Order.
Contractor shall not be subject to any claims for liquidated damages for such period
of time, but Contractor shall have no claim for any other compensation for any such
delay. No Supplemental Contract or Change Order shall release or exonerate any
surety upon any guarantee or bond given in connection with this Contract.

12.2 If any portion of the work involves digging trenches or other excavations that
extend deeper than four feet below the surface, then:

.1 Contractor shall promptly, and before the following materials or conditions


are disturbed, notify County in writing of any:

(a) material that Contractor believes may be material that is hazardous


waste, as defined in section 25117 of the California Health and
Safety Code, that is required to be removed to a Class I, Class II, or
Class III disposal site in accordance with provisions of existing law;
(b) subsurface or latent physical conditions at the Project site differing
from those anticipated by the parties; and

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(c) unknown physical conditions at the Project site of any unusual


nature, different materially from those ordinarily encountered and
generally recognized as inherent in work of the character provided
for in this Contract.

.2 County shall promptly investigate, and if County finds that the physical
conditions at the Project site do materially so differ, or do involve hazardous
waste, and cause a decrease or increase in Contractor's cost of, or the time
required for, performance of any part of the work, and shall prepare for
execution a Supplemental Contract or issue a Change Order under the
procedures prescribed in the Contract Documents.

.3 In the event that a dispute arises between County and Contractor whether
the conditions materially differ, or involve hazardous waste, or cause a
decrease or increase in Contractor's cost of, or time required for,
performance of any part of the work, Contractor shall not be excused from
the scheduled Completion Date provided for by the Contract Documents
but shall proceed with all work to be performed under this Contract.
Contractor shall retain any and all rights provided either by this Contract or
by law which pertain to the resolution of disputes and protests between
contracting parties.

Section 13. PROSECUTION OF WORK DESPITE DISPUTES

In the event of a dispute between County and Contractor as to an interpretation of any of


the Contract Documents, or as to the quality or sufficiency of material or workmanship,
the decision of County shall for the time being prevail and Contractor, without delaying
the Project, shall proceed as directed by County without prejudice to a final determination
by negotiation, arbitration, or litigation (subject to subsection 21.2 herein) in accordance
with the provisions of the Contract Documents. Should Contractor be finally determined
to be either wholly or partially correct, County shall reimburse Contractor to that extent for
added costs Contractor may have incurred by reason of work done or material supplied
beyond the terms of this Contract as a result of complying with County's directions.

Section 14. DEFAULT BY CONTRACTOR

14.1 Contractor shall prosecute the work diligently to completion and in all events within
the time specified in Section 2. If Contractor fails to achieve satisfactory progress
or fails to supply a satisfactory number of skilled workers and adequate equipment
and materials for the efficient execution of the work and completion of the Project,
or any part thereof, or if Contractor disregards laws, ordinances, or instructions of
County, then County may give Contractor a written notice requiring correction of
the problem(s). If Contractor fails to correct the problem(s) or fails to make
satisfactory arrangements for the correction of the problem(s) within five days of
receipt of County’s written notice, Contractor shall be deemed in default and
County may terminate this Contract effective immediately upon written notice to
Contractor. If Contractor files for bankruptcy, is adjudged bankrupt, makes a
general assignment for the benefit of Contractor’s creditors, has a receiver

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appointed on account of Contractor’s insolvency, Contractor shall be deemed in


default and County may terminate this Contract effective immediately upon written
notice to Contractor. Contractor and Contractor's surety on the performance bond,
if any, shall remain liable for liquidated damages and other damages should the
work be delayed beyond the Completion Date.

14.2 In the event of default by Contractor, and if the surety elects not to take over and
perform this Contract, County may take over the Project or hire the work out to
another contractor and prosecute the Project to completion at Contractor's expense
by any method County deems, in its sole discretion, advisable. Contractor and
Contractor's surety shall be liable to County for any excess incurred by County in
excess of the Contract Sum. If County elects to perform the work itself, County
may, without liability, take possession of and utilize in completing the Project, such
equipment, materials, appliances, plants, and other property belonging to
Contractor as is located on the Project site and necessary for completion of the
Project or any part thereof. All subcontracts shall automatically be assigned to
County and County may terminate any subcontract for County's convenience. If
the expense of completing the Project exceeds the unpaid balance of the Contract
Sum, Contractor shall pay the difference to the County, including but not limited
to, rent paid to third parties and increased or additional labor costs incurred by
County.

Section 15. PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND

15.1 If the price for an individual Project assigned under this Contract is under
$4,000.00, Contractor may make a written request for waiver of the performance
bond requirement and the County may, in its sole discretion, grant such waiver
request; alternatively, in the absence of a waiver request from Contractor, the
County may, in its sole discretion, choose to approve waiver of the performance
bond requirement for any Project that is under $4,000.00. Unless waived by County
in writing, for each Project of $4,000.00 or more, Contractor shall provide County
with a performance bond. The performance bond shall be in an amount of 100
percent of the individual Project quotation insuring the faithful performance of the
Project under the provisions of this Contract.

15.2 If the price for an individual Project assigned under this Contract is $25,000.00 or
less, Contractor may make a written request for waiver of the labor and material
payment bond requirement and the County may, in its sole discretion, grant such
waiver request; alternatively, in the absence of a waiver request from Contractor,
the County may, in its sole discretion, choose to approve waiver of the labor and
material payment bond requirement for any Project that is $25,000.00 or less.
Unless waived by County in writing, for each Project exceeding $25,000.00,
Contractor shall provide County with a labor and materials payment bond. The
labor and materials payment bond shall be in an amount of 100 percent of the
Project quotation to insure the payment of all obligations incurred by Contract in
connection with the work covered by this Contract.

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15.3 All bonds shall be in such form as County may prescribe and with such sureties as
may be agreeable to the parties. Contractor shall deliver the performance bond at
the time of the execution of a written notice to proceed with the work.

Section 16. SUBSTITUTION OF SECURITIES

16.1 Consistent with California Public Contract Code section 22300, Contractor may
substitute securities for any moneys withheld by County to ensure performance
under this Contract. At the request and expense of Contractor, securities equivalent
to the amount to be withheld shall be deposited with County, or with a state or
federally chartered bank in California as the escrow agent, which shall then pay
those moneys to Contractor. Upon satisfactory completion of this Contract, the
securities shall be returned to Contractor.

16.2 Alternatively, Contractor may request and County shall make payment of any
Retention directly to the escrow agent at the expense of Contractor. At the expense
of Contractor, Contractor may direct the investment of the payments into securities
and Contractor shall receive the interest earned on the investments upon the same
terms provided for in this Section for securities deposited by Contractor. Upon
satisfactory completion of the Project, Contractor shall receive from the escrow
agent all securities, interest, and payments received by the escrow agent from
County, pursuant to the terms of this Section. Contractor shall pay to each
subcontractor, not later than 20 days of receipt of the payment, the respective
amount of interest earned, net of costs attributed to retention withheld from each
subcontractor, on the amount of retention withheld to insure the performance of
Contractor.

16.3 Securities eligible for investment under this Section shall include those listed in
Government Code section 16430, bank or savings and loan certificates of deposit,
interest bearing demand deposit accounts, standby letters of credit, or any other
security mutually agreed to by Contractor and County. Contractor shall be the
beneficial owner of any securities substituted for moneys withheld and shall receive
any interest thereon.

Section 17. PREVAILING WAGE RATES

17.1 If the Contract Sum is $1,000 or more, Contractor shall pay, and shall require any
subcontractor to pay, not less than the specified prevailing rates of per diem wages
to all laborers, workers, and mechanics employed by them in the execution of this
Contract in accordance with the provisions of Article 2 (commencing with section
1770) of Chapter 1 of Part 7 of Division 2 of the Labor Code. Copies of the
prevailing rate of per diem wages are on file at County's Department of Public
Works, located at 1855 Placer Street, Redding, California, and are available to
Contractor upon request. Contractor shall also pay, and shall require each
subcontractor to pay, travel and subsistence payments to each laborer, worker, and
mechanic needed to execute the work.

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17.2 If the Contract Sum is $1,000 or more, Contractor shall comply with Labor Code
section 1775. In accordance with Labor Code section 1775, Contractor shall forfeit
as a penalty to County such amount as is determined by the Labor Commissioner,
or otherwise $50.00, for each calendar day or portion thereof for each worker paid
less than the prevailing rates as determined by the Director of Industrial Relations
for such work or craft in which such worker is employed for any work done under
this Contract or by any subcontractor under this Contract. In addition to such
penalty and pursuant to section 1775, the difference between prevailing wage rates
and the amount paid to each worker for each calendar day or portion thereof for
which each worker was paid less than the prevailing wage rate shall be paid to each
worker by Contractor.

17.3 If the Contract Sum is $1,000 or more, Contractor shall keep, and shall require each
subcontractor to keep, an accurate payroll record showing the name, address, social
security number, work classification, the straight time and overtime hours worked
each day and week, and the actual per diem wages paid to each journeyman,
apprentice, worker, or other employee employed by Contractor and any
subcontractors in connection with the execution of this Contract or any subcontract
under this Contract. Such records shall be certified and shall be open at all
reasonable hours to inspection by County, its officers and agents, and to the
representatives of the Division of Labor Standards Enforcement and the Division
of Apprenticeship Standards of the State Department of Industrial Relations and to
the public through request to the County, the Division of Apprenticeship Standards,
or the Division of Labor Standards Enforcement. Contractor shall comply fully
with the provisions of Labor Code section 1776 in connection with the keeping and
disclosure of payroll records and shall also require all subcontractors to comply
therewith.

17.4 The Department of Industrial Relations (DIR) has launched an online application
at:https://efiling.dir.ca.gov/PWCR/ActionServlet?action=displayPWCRegistration
Form for public works contractors to meet the requirements of Senate Bill 854.
Contractors must register and meet requirements using the new online application
before performing work on public works contracts in California. The application
also provides agencies that administer public works programs with a searchable
database of qualified contractors at https://efiling.dir.ca.gov/PWCR/Search.

Section 18. WORKING HOURS

In accordance with the provisions of sections 1810 to 1815 of the Labor Code, eight hours
labor shall constitute a day’s work, and no worker in the employ of Contractor, or any
subcontractor, doing any part of the work contemplated by this Contract, shall be required
or permitted to work more than eight hours in one calendar day or 40 hours in one calendar
week, unless such worker is paid for all hours worked in excess thereof at not less than
1-1/2 times the basic rate of pay. Contractor and each subcontractor shall keep an accurate
record showing the persons so employed and actual hours worked each calendar day and
each calendar week by all workers employed in connection with the work contemplated by

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this Contract, which records shall be open at all reasonable hours to the inspection of
County and the Division of Labor Standards Enforcement. It is hereby further agreed that
Contractor shall forfeit as a penalty to County the sum of $25.00 for each worker employed
in the execution of this Contract by Contractor or any subcontractor for each calendar day
during which said worker is required or permitted to labor more than eight hours in any
one calendar day or 40 hours in any one calendar week in violation of sections 1810 to
1815 of the Labor Code.

Section 19. EMPLOYMENT OF APPRENTICES

Contractor agrees to comply with Labor Code sections 1777.5, 1777.6, and 3070, et seq.,
each of which is incorporated by reference into this Contract. In summary, those statutory
provisions require that contractors and subcontractors employ apprentices (as that term is
defined in section 3077 of the Labor Code) in apprenticeable occupations in the ratio
stipulated in the apprenticeship standards under which the apprenticeship program
operates, but in no case shall the ratio be less than one hour worked by an apprentice for
each five hours worked by a journeyman, unless an exemption is granted, and that
contractors and subcontractors shall not discriminate among otherwise qualified employees
as indentured apprentices on any public works on the ground of race, religious creed, color,
national origin, ancestry, sex, or age. Only apprentices who are in training underwritten
apprenticeship agreements shall be employed on public works in apprenticeable
occupations. The responsibility for compliance with these provisions for all apprenticeable
occupations rests with Contractor.

Section 20. GUARANTY

20.1 Contractor guarantees all equipment, materials, supplies, and labor used in
completing the Project. Should any of the materials or equipment prove defective
or should the Project as a whole or any part thereof prove defective, due to faulty
workmanship, material furnished, or methods of installation, or should the Project
or any part thereof fail to operate properly as originally intended and in accordance
with any plans and specifications, due to any of the above causes within 12 months
(or such longer period of time as may be prescribed by law, the supplier, or the
manufacturer) after the date on which the Project is accepted by County, Contractor
agrees to reimburse County, upon demand, for County’s expenses incurred in
restoring the Project to the condition contemplated, including, but not limited to,
the cost of any such equipment or materials replaced, the cost of removing and
replacing any other work necessary to make such replacement or repairs, and the
cost of testing the repaired or restored work, or, upon demand by County, to replace
any such material and to repair said work completely without cost to County so that
the Project will function successfully as originally contemplated. Contractor
expressly agrees to act as co-guarantor of all equipment and materials incorporated
in the Project, and Contractor shall supply County with all warranty and guarantee
documents relative to such equipment and materials which are guaranteed or
warranted by their suppliers or manufacturers. The provisions of this Section apply

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to work done by any subcontractors of Contractor as well as to work done by


Contractor.

20.2 County shall have the unqualified option to make any needed replacement or repairs
to the Project or any part thereof or to have such replacements or repairs done by
Contractor. In the event County elects to have said work performed by Contractor,
Contractor agrees that said work shall be accomplished and such materials as are
necessary shall be furnished and installed and any testing of repaired and replaced
materials or work shall be done within 45 days (or such other time period as County
and Contractor may agree upon in writing), after the receipt of demand from County
and at no additional cost to County. If Contractor shall fail or refuse to comply
with Contractor’s obligations under this Section, County shall be entitled to all costs
and expenses, including attorneys' fees, reasonably incurred by reason of the said
failure or refusal.

Section 21. MISCELLANEOUS PROVISIONS

21.1 Utility Relocation. County shall comply with Government Code section 4215,
regarding responsibility for the removal, relocation, or protection of existing main
or trunk-line utility facilities located on the Project site, if such utilities are not
identified by the County in the Contract Documents.

County shall compensate Contractor for the costs of locating, repairing damage not
due to the failure of the contractor to exercise reasonable care, and removing or
relocating such utility facilities not indicated in the Contract Documents with
reasonable accuracy, and for equipment on the Project site necessarily idled during
such work.

Contractor shall not be assessed liquidated damages for delay in completion of the
Project, when such delay was caused by the failure of County or the owner of the
utility to provide for removal or relocation of such utility facilities.

21.2 Claims, Arbitration, Governing Law and Venue. Any claim or demand, arising
under or relating to the performance of this Contract, as defined in Public Contract
Code section 9204(c)(1)(A-C) shall be subject to the procedures set forth in Public
Contract Code section 9204 (A copy is attached hereto and made a part hereof).
Any claim or demand for monetary compensation or damages, arising under or
relating to the performance of this Contract, not defined in Public Contract Code
section 9204(c)(1)(A-C) shall be resolved through arbitration through the rules and
procedures contained in California Public Contracts Code section 10240 et seq. and
of the California Public Works Contract Arbitration (PWCA) Program. This
Contract shall be governed by and construed in accordance with the laws of the
State of California. The parties also agree that, in the event of litigation, venue
shall be in the proper court located in Shasta County, California.

21.3 Non-Discrimination. Contractor shall not unlawfully discriminate in employment


practices or in the delivery of services on the basis of race, color, creed, religion,

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national origin, sex, age, marital status, sexual orientation, medical condition
(including cancer, HIV, and AIDS) physical or mental disability, use of family care
leave under either the Family & Medical Leave Act or the California Family Rights
Act, or on the basis of any other status or conduct protected by law.

21.4 Assignment of Contract. Contractor shall not assign or transfer by operation of law
or otherwise any or all of Contractor’s rights, burdens, duties, or obligations under
this Contract without the prior written consent of the surety on the performance
bond, if any, and County.

21.5 Notices.

.1 Any notice required to be given pursuant to the terms and provisions of this
Contract shall be in writing and shall be sent by first-class mail to the
following address:

If to County Shasta County Department of Public Works


Facilities Management Division
1958 Placer Street
Redding, CA 96001
530-225-5659; Fax: 530-225-5420

If to Contractor Western Indoor Environmental Services


2609 W. Beverly Blvd. #6
Montebello, CA 90640
626-485-9255

.2 Notice shall be deemed effective two days after mailing.

21.6 Document or Report Prepared by Contractor. As required by Government Code


section 7550, each document or report prepared by Contractor for or under the
direction of County pursuant to this Contract shall contain the numbers and dollar
amount of the Contract and all subcontracts under the Contract relating to the
preparation of the document or written report. If multiple documents or written
reports are the subject of the Contract or subcontracts, the disclosure section may
also contain a statement indicating that the total Contract amount represents
compensation for multiple documents or written reports. Contractor shall label the
bottom of the last page of the document or report as follows: department name,
Contract number, and dollar amount. If more than one document or report is
produced under this Contract, Contractor shall add: “This [document or report] is
one of [number] produced under this Contract.”

21.7 Binding Effect. This Contract shall inure to the benefit of and shall be binding upon
Contractor and County and their respective successors and assigns.

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21.8 Severability. If any portion of this Contract or application thereof to any person or
circumstance is declared invalid by a court of competent jurisdiction or if it is found
in contravention of any federal or state statute or regulation or County ordinance,
the remaining provisions of this Contract, or the application thereof, shall not be
invalidated thereby and shall remain in full force and effect to the extent that the
provisions of this Contract are severable.

21.9 Amendments. Except as provided in Section 12, the terms of this Contract shall
not be waived, altered, modified, supplemented, or amended in any manner
whatsoever except by written agreement signed by the parties.

21.10 Entire Contract. This Contract and the other Contract Documents as defined in
Section 6 hereof constitute the entire Contract between the parties. There are no
understandings, agreements, representations, or warranties, express or implied, not
specified in this Contract or the other Contract Documents. Contractor shall be
entitled to no other benefits other than those specified herein. Contractor, by the
execution of this Contract, acknowledges that Contractor has read this Contract and
all other Contract Documents, understands them, and agrees to be bound by their
terms and conditions.

21.11 Contract Preparation. It is agreed and understood by the parties hereto that this
Contract has been arrived at through negotiation and that neither party is to be
deemed the party which created any uncertainty in this Contract within the meaning
of Civil Code section 1654.

21.12 Property Taxes. Contractor represents and warrants that Contractor, on the date of
execution of this Contract, (1) Has paid all property taxes for which Contractor is
obligated to pay, or (2) is current in payments due under any approved property tax
payment arrangement. Contractor shall make timely payment of all property taxes
at all times during the term of this Contract.

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21.13 Counterparts/Electronic, Facsimile, and PDF Signatures. This Contract may be


executed in any number of counterparts, each of which will be an original, but all
of which together will constitute one instrument. Each Party of this Contract agrees
to the use of electronic signatures, such as digital signatures that meet the
requirements of the California Uniform Electronic Transactions Act ((“CUETA”)
Cal. Civ. Code §§ 1633.1 to 1633.17), for executing this Contract. The Parties
further agree that the electronic signatures of the Parties included in this Contract
are intended to authenticate this writing and to have the same force and effect as
manual signatures. Electronic signature means an electronic sound, symbol, or
process attached to or logically associated with an electronic record and executed
or adopted by a person with the intent to sign the electronic record pursuant to the
CUETA as amended from time to time. The CUETA authorizes use of an electronic
signature for transactions and contracts among Parties in California, including a
government agency. Digital signature means an electronic identifier, created by
computer, intended by the party using it to have the same force and effect as the
use of a manual signature, and shall be reasonably relied upon by the Parties. For
purposes of this section, a digital signature is a type of "electronic signature" as
defined in subdivision (h) of Section 1633.2 of the Civil Code. Facsimile signatures
or signatures transmitted via pdf document shall be treated as originals for all
purposes.

SIGNATURE PAGE FOLLOWS

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IN WITNESS WHEREOF the parties have executed this Contract on the date shown below. By
their signatures below, each signatory represents that they have the authority to execute this
Contract and to bind the party on whose behalf their execution is made.

COUNTY OF SHASTA

Date:
PATRICK JONES, CHAIR
Board of Supervisors
County of Shasta
State of California

ATTEST:

DAVID J. RICKERT
Clerk of the Board of Supervisors

By:
Deputy

APPROVED AS TO FORM:

MATTHEW M. MCOMBER
Acting County Counsel RISK MANAGEMENT APPROVAL

08/07/2023 | 11:26 AM PDT 08/04/2023 | 10:03 AM PDT


By: By:
Alan B. Cox James Johnson
Senior Deputy County Counsel Risk Management Analyst III

CONTRACTOR
WESTERN INDOOR ENVIRONMENTAL SERVICES

By:

Print Name: Antonio Rosario

Title: CEO/CFO/Secretary
08/04/2023 | 9:19 AM PDT
Date:
47-2736320
Tax I.D. #:

Contractor’s License #: 1001877

*See next page for Public Contract Code section 9204.

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State of California PUBLIC CONTRACT CODE SECTION 9204.

(a) The Legislature finds and declares that it is in the best interests of the state and its citizens to ensure that all construction
business performed on a public works project in the state that is complete and not in dispute is paid in full and in a timely manner.
(b) Notwithstanding any other law, including, but not limited to, Article 7.1 (commencing with Section 10240) of Chapter 1 of Part
2, Chapter 10 (commencing with Section 19100) of Part 2, and Article 1.5 (commencing with Section 20104) of Chapter 1 of Part
3, this section shall apply to any claim by a contractor in connection with a public works project.
(c) For purposes of this section:
(1) “Claim” means a separate demand by a contractor sent by registered mail or certified mail with return receipt requested, for one
or more of the following:
(A) A time extension, including, without limitation, for relief from damages or penalties for delay assessed by a public entity under
a contract for a public works project.
(B) Payment by the public entity of money or damages arising from work done by, or on behalf of, the contractor pursuant to the
contract for a public works project and payment for which is not otherwise expressly provided or to which the claimant is not
otherwise entitled.
(C) Payment of an amount that is disputed by the public entity.
(2) “Contractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of
the Business and Professions Code who has entered into a direct contract with a public entity for a public works project.
(3) (A) “Public entity” means, without limitation, except as provided in subparagraph (B), a state agency, department, office,
division, bureau, board, or commission, the California State University, the University of California, a city, including a charter city,
county, including a charter county, city and county, including a charter city and county, district, special district, public authority,
political subdivision, public corporation, or nonprofit transit corporation wholly owned by a public agency and formed to carry out
the purposes of the public agency.
(B) “Public entity” shall not include the following:
(i) The Department of Water Resources as to any project under the jurisdiction of that department.
(ii) The Department of Transportation as to any project under the jurisdiction of that department.
(iii) The Department of Parks and Recreation as to any project under the jurisdiction of that department.
(iv) The Department of Corrections and Rehabilitation with respect to any project under its jurisdiction pursuant to Chapter 11
(commencing with Section 7000) of Title 7 of Part 3 of the Penal Code.
(v) The Military Department as to any project under the jurisdiction of that department.
(vi) The Department of General Services as to all other projects.
(vii) The High-Speed Rail Authority.
(4) “Public works project” means the erection, construction, alteration, repair, or improvement of any public structure, building,
road, or other public improvement of any kind.
(5) “Subcontractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3
of the Business and Professions Code who either is in direct contract with a contractor or is a lower tier subcontractor.
(d) (1) (A) Upon receipt of a claim pursuant to this section, the public entity to which the claim applies shall conduct a reasonable
review of the claim and, within a period not to exceed 45 days, shall provide the claimant a written statement identifying what
portion of the claim is disputed and what portion is undisputed. Upon receipt of a claim, a public entity and a contractor may, by
mutual agreement, extend the time period provided in this subdivision.
(B) The claimant shall furnish reasonable documentation to support the claim.
(C) If the public entity needs approval from its governing body to provide the claimant a written statement identifying the disputed
portion and the undisputed portion of the claim, and the governing body does not meet within the 45 days or within the mutually
agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the public
entity shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45-day period,
or extension, expires to provide the claimant a written statement identifying the disputed portion and the undisputed portion.
(D) Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity
issues its written statement. If the public entity fails to issue a written statement, paragraph (3) shall apply.
(2) (A) If the claimant disputes the public entity’s written response, or if the public entity fails to respond to a claim issued pursuant
to this section within the time prescribed, the claimant may demand in writing an informal conference to meet and confer for
settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt
requested, the public entity shall schedule a meet and confer conference within 30 days for settlement of the dispute.
(B) Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim
remains in dispute, the public entity shall provide the claimant a written statement identifying the portion of the claim that remains
in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made
within 60 days after the public entity issues its written statement. Any disputed portion of the claim, as identified by the contractor
in writing, shall be submitted to nonbinding mediation, with the public entity and the claimant sharing the associated costs equally.
The public entity and claimant shall mutually agree to a mediator within 10 business days after the disputed portion of the claim
has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators
shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees

AGGREGATE PUBLIC WORKS 22 WESTERN INDOOR ENVIRONMENTAL SVCS.


CONSTRUCTION CONTRACT NO. C1372 / HVAC SVCS. / AIR DUCT CLEANING
DocuSign Envelope ID: 20EC0BA1-25B4-4C48-9705-CE7991DD1E84

and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful,
the parts of the claim remaining in dispute shall be subject to applicable procedures outside this section.
(C) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a
dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or
by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section.
(D) Unless otherwise agreed to by the public entity and the contractor in writing, the mediation conducted pursuant to this section
shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced.
(E) This section does not preclude a public entity from requiring arbitration of disputes under private arbitration or the Public
Works Contract Arbitration Program, if mediation under this section does not resolve the parties’ dispute.
(3) Failure by the public entity to respond to a claim from a contractor within the time periods described in this subdivision or to
otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A claim that is
denied by reason of the public entity’s failure to have responded to a claim, or its failure to otherwise meet the time requirements
of this section, shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications
of the claimant.
(4) Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per annum.
(5) If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against a public entity because privity of
contract does not exist, the contractor may present to the public entity a claim on behalf of a subcontractor or lower tier
subcontractor. A subcontractor may request in writing, either on their own behalf or on behalf of a lower tier subcontractor, that
the contractor present a claim for work which was performed by the subcontractor or by a lower tier subcontractor on behalf of the
subcontractor. The subcontractor requesting that the claim be presented to the public entity shall furnish reasonable documentation
to support the claim. Within 45 days of receipt of this written request, the contractor shall notify the subcontractor in writing as to
whether the contractor presented the claim to the public entity and, if the original contractor did not present the claim, provide the
subcontractor with a statement of the reasons for not having done so.
(e) The text of this section or a summary of it shall be set forth in the plans or specifications for any public works project that may
give rise to a claim under this section.
(f) A waiver of the rights granted by this section is void and contrary to public policy, provided, however, that (1) upon receipt of
a claim, the parties may mutually agree to waive, in writing, mediation and proceed directly to the commencement of a civil action
or binding arbitration, as applicable; and (2) a public entity may prescribe reasonable change order, claim, and dispute resolution
procedures and requirements in addition to the provisions of this section, so long as the contractual provisions do not conflict with
or otherwise impair the timeframes and procedures set forth in this section.
(g) This section applies to contracts entered into on or after January 1, 2017.
(h) Nothing in this section shall impose liability upon a public entity that makes loans or grants available through a competitive
application process, for the failure of an awardee to meet its contractual obligations.
(i) This section shall remain in effect only until January 1, 2027, and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2027, deletes or extends that date.

(Added by Stats. 2016, Ch. 810, Sec. I. (AB 626) Effective January 1, 2017, Repealed as of January I, 2020, by its own provisions.)

AGGREGATE PUBLIC WORKS 23 WESTERN INDOOR ENVIRONMENTAL SVCS.


CONSTRUCTION CONTRACT NO. C1372 / HVAC SVCS. / AIR DUCT CLEANING
DocuSign Envelope ID: 20EC0BA1-25B4-4C48-9705-CE7991DD1E84

EXHIBIT
"A"

Weekdays Overtime
DESCRIPTION (M-F) (Daily) Overtime (Sunday/Holiday)

Apprentice $ 147.50 $ 180.00 $ 220.00


Journeyman $ 165.00 $ 220.00 $ 270.00
Foreman $ 165.00 $ 220.00 $ 270.00
Remote Support N/A N/A N/A
All rates set forth herein are hourly rates and are billed in quarter hour increments rounded to the nearest quarter
hour.

24-Hour emergency contact is available – Flat Fee surcharge $1000.00. Contractor shall respond within
one (1) hour or less and arrive on-site within three (3) hours from when the emergency call is received.

Contractor responsible for all travel expenses with a one set trip fee of $500.00. This fee covers all travel
regardless of the number of personnel or vehicles needed to transport materials and personnel to and from
jobsite. Contractor responsible for regular or overtime billable hours incurred in travel, as well as per diem
and equipment. This fee would cover all travel to transport materials and personnel to and from the job
site.

Material and Equipment markup percentage: Contractor shall not mark up the cost of any material or
equipment by more than 15% of cost and County shall not pay the cost of any material or equipment in
excess of 15% of Contractor’s cost.

Warranty: Contractor guarantees all equipment, material and workmanship furnished for a period of one
(1) full year from time of installation.

AGGREGATE PUBLIC WORKS 24 WESTERN INDOOR ENVIRONMENTAL SVCS.


CONSTRUCTION CONTRACT NO. C1372 / HVAC SVCS. / AIR DUCT CLEANING
REPORT TO SHASTA COUNTY BOARD OF SUPERVISORS

BOARD MEETING DATE: August 29, 2023

CATEGORY: Consent Calendar

SUBJECT: Approve the Fleet Vehicle Bids to purchase Fiscal Year 2023-24 Fleet vehicles.

DEPARTMENT: Public Works

SUPERVISORIAL DISTRICT #: All

DEPARTMENT CONTACT: Troy Bartolomei, Interim Director of Public Works, (530) 225-5661

STAFF REPORT APPROVED BY: Troy Bartolomei, Interim Director of Public Works

Vote Required? General Fund Impact?


Simple Majority Vote No Additional General Fund Impact

RECOMMENDATION
Approve and authorize: (1) The Support Services Department-Purchasing Unit (County Purchasing) to establish a vehicle price list
for the remainder of the Fiscal Year (FY) 2023-24 based on the lowest responsive bids; (2) County Purchasing to award Request
for Bid (RFB) No. 24-02 for the purchase of County Fleet vehicles to: (a) Crown Motors for 2024 Nissan Sentra, 2024 Ram 1500,
2024 Ford Maverick 2wd, 2024 Ford Maverick 4wd, 2024 F150 First Responder/Patrol, 2024 Ford F150 First Responder/Non-
Patrol, 2024 Ford Utility/Patrol, 2024 Ford Utility/Non-Patrol, 2024 Dodge Durango Pursuit, 2024 Ford Bronco Sport, 2024 Ford
F150; (b) Lithia Chevrolet Redding for 2024 Chevy Malibu, 2024 Chevy Colorado, 2024 Chevy Traverse, 2024 Chevy Silverado
PPV; and (c) Winner Chevrolet for 2024 Chevy Equinox, and (3) Fleet Management to purchase these vehicles for County
Departments for the remainder of FY 2023-24.

DISCUSSION
County Purchasing issued a Request for Bid (RFB) to replace worn out vehicles. Four vendors submitted bids for Fleet vehicles
(RFB 24-02). Notices of Intent to Award were mailed to all bidders and the 10-day protest period ended on August 23, 2023. The
lowest responsive bids are tabulated below. Fleet Management will issue Purchase Orders for individual vehicles if and as they are
needed. (See attached list.)

ALTERNATIVES
The Board may elect to solicit bids for each purchase. Economies of scale would be foregone.

OTHER AGENCY INVOLVEMENT


County Purchasing managed the RFB process. The Recommendation has been reviewed by the County Administrative Office.

FISCAL IMPACT
Sufficient appropriations are included in the Adopted FY 2023-24 Fleet Management Replacement budget for the vehicle purchases.

ATTACHMENTS:
1: 2023-24 Fleet Vehicle Price List

Page 1
2023-24 Fleet Vehicle Price List

Anticipated
RFB Vendor Vehicle Bid Unit Price
Quantity
24-02 Crown Motors 2024 Nissan Sentra $26,923.89 2
24-02 Crown Motors 2024 Ram 1500 $50,583.31 0
24-02 Crown Motors 2024 Ford Maverick 2-wheel drive $26,495.83 2
24-02 Crown Motors 2024 Ford Maverick 4-wheel drive $28,596.86 1
24-02 Crown Motors 2024 Ford F150 First Responder - Patrol $57,452.68 5
24-02 Crown Motors 2024 Ford F150 First Responder - Non-Patrol $57,672.54 0
24-02 Crown Motors 2024 Ford Interceptor Utility - Patrol $57,913.85 4
24-02 Crown Motors 2024 Ford Interceptor Utility - Non-Patrol $52,781.94 0
24-02 Crown Motors 2024 Dodge Durango Pursuit - Non-Patrol $44,488.30 9
24-02 Crown Motors 2024 Ford Bronco Sport $33,443.49 1
24-02 Crown Motors 2024 Ford F150 $53,661.39 1
24-02 Lithia Chevrolet 2024 Chevy Malibu $27,127.74 5
24-02 Lithia Chevrolet 2024 Chevy Colorado $38,107.99 1
24-02 Lithia Chevrolet 2024 Chevy Traverse $39,129.01 1
24-02 Lithia Chevrolet 2024 Chevy Silverado PPV $59,899.05 1
24-02 Winner Chevrolet 2024 Chevy Equinox $30,398.04 1
REPORT TO SHASTA COUNTY BOARD OF SUPERVISORS

BOARD MEETING DATE: August 29, 2023

CATEGORY: Consent Calendar

SUBJECT: Take the following actions: (1) Accept a grant from the Department of Health Care
Services for planning and implementing mandated California Advancing and Innovating
Medi-Cal Initiative PATH Justice-Involved program (Grant) in the amount of
$3,500,000; (2) designate signing authority to execute documents directly related to the
Grant; and (3) approve a budget amendment increasing appropriations and revenue in
the Sheriff-Jail Budget (BU 260) by $350,000.

DEPARTMENT: Sheriff

SUPERVISORIAL DISTRICT #: All

DEPARTMENT CONTACT: Logan Stonehouse, Captain, 530-245-6197

STAFF REPORT APPROVED BY: Michael L. Johnson, Sheriff

Vote Required? General Fund Impact?


4/5 Vote No Additional General Fund Impact

RECOMMENDATION
Take the following actions for planning and implementing mandated California Advancing and Innovating Medic-Cal Initiative
(CalAIM) PATH Justice-Involved program: (1) Accept a grant from the California Department of Health Care Services in the
amount of $3,500,000; (2) approve and authorize the County Executive Officer to execute agreements and related documents,
including retroactive, beginning August 29, 2023 through December 31, 2026 so long as they comply with Administrative Policy
6-101, Shasta County Contracts Manual; and (3) approve a budget amendment increasing appropriations and revenue by $350,000
in the Sheriff-Jail budget for FY 2023-24 related to initial implementation and planning.

DISCUSSION
The purpose of the PATH Justice-Involved program is to provide start-up funding to support planning and implementation of reentry
services as provided for under California Assembly Bill 133. Correctional facilities are mandated to go-live with pre-release services
no sooner than April 1, 2024, and no later than March 31, 2026. Starting no sooner than January 1, 2023, a qualifying inmate of a
public institution shall be eligible to receive targeted Medi-Cal services for 90 days (or the number of days approved in the CalAIM
terms and conditions if fewer) prior to release if otherwise eligible.

Grant funds will be used to support the planning for and implementation of the following operational processes that must be met: 1)
Medi-Cal Application Processes in county Jails; 2) 90-Day Pre-Release Eligibility Screening; 3) 90-Day Pre-Release Service
Delivery; 4) Reentry Planning and Coordination; and 5) Oversight and Project Management.

With the planned upgrading of Department 2 of the Justice Center, a portion of this funding can be used to accommodate staff
resources to house a project coordinator, billing coordinators and an administrator to support the program. Funds may be used in
creating billing programs and procedures through the Jail medical provider.

The County will receive 10 percent of the grant amount within 90 days of final application approval. This $350,000 will be utilized
to develop an implementation plan which must be submitted within 180 days of application approval. The Sheriff’s Office will
work with Shasta County Health and Human Services and may contract for additional professional services related to development
of the implantation plan.
Page 1
ALTERNATIVES
The Board may choose not to approve the recommended actions or request additional information.

OTHER AGENCY INVOLVEMENT


The Sheriff’s Office is coordinating with Shasta County Health and Human Services Agency on this grant funding. The County
Administrative Office has reviewed the recommendations.

FISCAL IMPACT
With a mandate of pre-release services, this grant funding provides a mechanism to fund the development and implement these
services to provide targeted Medi-Cal services to qualifying inmates. The grant period is from July 31, 2023 through December 31,
2026. The requested Fiscal Year 2023-24 budget amendment will increase appropriations in the Jail budget $350,000 offset by grant
revenues. These funds will be utilized for developing an implementation plan and for additional planning and grant implementation.
Due to the timeline for implementation plan submission, the Sheriff’s Office will return upon approval of an implementation plan
to inform this Board of that plan and to process any related Fiscal Year 2023-24 budget amendment related to actual implementation
of that plan.

ATTACHMENTS:
1: PATH JI - Grant Application CAO
2: Grant Award
3: Budget Amendment Memo/Worksheet

Page 2
From: Public Consulting Group CA
To: Susan Browning
Subject: Your Application Approved and Awarded - ID: 919201
Date: Sunday, July 30, 2023 5:17:11 PM

EXTERNAL SENDER: Do not follow links or open attachments unless you recognize the sender and know the
content is safe.

No Image

Application Approved and Awarded

7/31/2023

Susan Browning

300 Park Marina Circle Redding, CA 96001

RE: PATH Justice-Involved Initiative  

Dear Susan Browning, 

We are pleased to inform you that the Department of Health Care Services (DHCS) has
approved a provisional award amount of $3,500,000.00 USD for your recent PATH Justice-
Involved grant request. The finalization of your funding allocation depends on the funding
requested in your implementation plan, which is due no more than 180 days after initial
funding is received, or by March 31, 2024, whichever comes first.  Please note that this is an
estimate and subject to change upon final application approval.

 
Enclosed you will find forms to sign your terms and conditions, collect relevant banking
information and the Implementation Plan instructions.

Terms and Conditions Document

The included grant agreement formalizes the terms and conditions of accepting the JI grant.
This Terms and Conditions Document explains the responsibilities and expectations of both
parties of the grant. Please complete the Terms and Conditions Document within thirty (30)
business days of receipt. Please keep a copy for your records.

Establish your Financial Institution

In order to receive grant disbursements from the JI initiative under PATH, you must submit
your organization's tax and financial institution information to the TPA.  Please navigate to the
website listed below to start this process and verify your information.  Your banking
information must be submitted within thirty (30) business days.

Implementation Plan Template 

As the Grant Terms and Conditions indicate, DHCS requests an Implementation Plan, one
progress report and a final report when your project is completed. Your “Implementation
Plan” form will be available in your GrantsConnect portal upon funding disbursement.  A
template Implementation Plan can be found on the CA PATH website that should be used as
a guide to submit your Implementation Plan. Further details on progress reporting will be
released by the TPA prior to the first progress report. If you have any questions, please
contact justice-involved@ca-path.com.

Sincerely,

The Justice-Involved TPA Team

      Go to GrantsConnect      
GrantsConnect || Powered by: Blackbaud || Email Template: GC-50

65 Fairchild St, Charleston, South Carolina 29492


SHASTA COUNTY

Michael L. Johnson
SHERIFF-CORONER

INTEROFFICE MEMORANDUM

TO: Nolda Short, Auditor-Controller \ ^


FROM: Michael Johnson, Sheriff-Coroner ^ —n.
DATE: August 7, 2023

RE: Fiscal Year 2023/24 Jail Budget Amendment

Please prepare a fiscal year 2023/24 budget amendment to increase appropriations and revenue
$350,000 in the Sheriff's Jail Budget as described in the below budget worksheet, subject to
approval by the County Board of Supervisors. This budget amendment adds allocations related
to the initial funding for the Path Justice Involved Grant.
County of Shasta
Budget Amendment

Sheriff - Jail
DEPARTMENT NAME
APPROPRIATIONS
INCREASE <DECREASE>

COST ACCOUNT ACCOUNT DESCRIPTION BUDGET BUDGET AMOUNT OF


CENTER READS SHOULD READ TRANSFER H-)

26000 033729 MIsrrSTR FACMGMT APRV 170,000 220.000 50.000


26000 034500 OFFICE EXPENSE 41.500 50,500 9,000

26000 034800 PROF & SPECIAL SERVICES 591.500 761,500 170.000

26000 034892 CHGS ITPROFESSIONALSVS 231.823 311,823 80.000

26000 035500 MINOR EOUIPMENT 64,500 79,500 15.000

26000 035591 CHGS IT HARDWARE EQP 26.044 47,044 21.000

26000 035952 TRANSTRVLPROGRAM RELATED 1.000 6.000 5,000


TOTAL 350.000

REVENUE
INCREASE <DECREASE>

COST ACCOUNT ACCOUNT DESCRIPTION BUDGET BUDGET AMOUNT OF


CENTER READS SHOULD READ TRANSFER (-W-)

26000 5521XX FED PATH Jl GRANT -

350.000 350,000
TOTAL 350,000

300 Park Marina Circle - Redding, OA 96001-1679 - Phone (530) 245-6000 - Fax (530) 245-6054
REPORT TO SHASTA COUNTY BOARD OF SUPERVISORS

BOARD MEETING DATE: August 29, 2023

CATEGORY: Regular Calendar

SUBJECT: Take the following actions: (1) Receive an update from the County Executive Officer
on County issues and consider action on specific legislation related to Shasta County's
legislative platform; (2) approve a letter of support for Senate Bill 403 which would
amend sections of Civil and Government Code to expand definitions of several anti-
discrimination statutes and protected characteristics; (3) approve a letter of opposition
for Senate Bill 553 which would amend the Labor Code and establish a workplace
violence regulation; and (4) receive Supervisors' reports on countywide issues.

DEPARTMENT: County Administrative Office

SUPERVISORIAL DISTRICT #: All

DEPARTMENT CONTACT: David J. Rickert, County Executive Officer, (530) 225-5561

STAFF REPORT APPROVED BY: David J. Rickert, County Executive Officer

Vote Required? General Fund Impact?


Simple Majority Vote No General Fund Impact

RECOMMENDATION
Take the following actions: (1) Receive an update from the County Executive Officer on County issues and consider action on
specific legislation related to Shasta County's legislative platform; (2) approve a letter of opposition for Senate Bill 403 which
would amend sections of Civil and Government Code to expand definitions of several anti-discrimination statutes and protected
characteristics; (3) approve a letter of opposition for Senate Bill 553 which would amend the Labor Code and establish a
workplace violence regulation; and (4) receive Supervisors' reports on countywide issues.

DISCUSSION
N/A

ALTERNATIVES
N/A

OTHER AGENCY INVOLVEMENT


N/A

FISCAL IMPACT
N/A

ATTACHMENTS:
1: Letter of Support to SB 403
2: Letter of Opposition to SB 553

Page 1
BOARD OF SUPERVISORS
1450 Court Street, Suite 308B KEVIN W. CRYE, DISTRICT 1
Redding, California 96001-1673 TIM GARMAN, DISTRICT 2
(530) 225-5557 MARY RICKERT, DISTRICT 3
(800) 479-8009 PATRICK JONES, DISTRICT 4
(530) 229-8238 FAX CHRIS KELSTROM, DISTRICT 5

August 29, 2023

The Honorable Chris Holden


California Assembly, Committee on Appropriations
1021 O Street, Suite 8220
Sacramento, CA 95814

RE: SB 403 (Wahab), discrimination on the basis of ancestry: amend Government Code relating
to discrimination – SUPPORT

Dear Assemblymember Holden,

On behalf of the Shasta County Board of Supervisors, we write in support to SB 403 (Wahab),
which would amend sections of the Civil and Government Code relating to discrimination, adding
definitions to several antidiscrimination statutes to make clear that discrimination based on caste
is a prohibited form of ancestry discrimination, while also adding “ancestry” as a protected
characteristic under the Education Code.

This bill seeks to address numerous complaints of caste-based discrimination in California, which
has proliferated particularly in educational institutions and the tech industry. Although caste-based
discrimination is already prohibited under California law through a combination of protections for
ancestry, national origin, ethnicity, color, and race, we would like to express a pressing need to
explicitly prohibit such discrimination in statute. Furthermore, the County of Shasta wishes to see
the California Fair Employment and Housing Act revised to prohibit any discriminatory
employment practices on account of caste and see “ancestry” defined to further protect against
discrimination.

For these reasons, the Shasta County Board of Supervisors is in support of SB 403.

Patrick Jones, Chair


Board of Supervisors
County of Shasta

cc: Senator Aisha Wahab, California State Senate


Assemblymember Jasmeet Bains, California State Assembly
Honorable Members, Assembly Appropriations Committee
BOARD OF SUPERVISORS
1450 Court Street, Suite 308B KEVIN W. CRYE, DISTRICT 1
Redding, California 96001-1673 TIM GARMAN, DISTRICT 2
(530) 225-5557 MARY RICKERT, DISTRICT 3
(800) 479-8009 PATRICK JONES, DISTRICT 4
(530) 229-8238 FAX CHRIS KELSTROM, DISTRICT 5

August 29, 2023

The Honorable Chris Holden


California Assembly, Committee on Appropriations
1021 O Street, Suite 8220
Sacramento, CA 95814

RE: SB 553 (Cortese), occupational safety: workplace violence: restraining orders and
workplace violence prevention plan – OPPOSE

Dear Assemblymember Holden,

On behalf of the Shasta County Board of Supervisors, we write in opposition to SB 553 (Cortese),
which would amend the Labor Code and notably increase business costs, establishing a workplace
violence regulation that would be impractical and significantly detrimental to small businesses
throughout Shasta County.

This bill will apply a regulation specifically written for hospitals to all employers in the state –
regardless of size and resources – and ignore years of work by the Division of Occupational Safety
and Health (Cal/OSHA) experts on a new regulation that was intended to be applied across
industries. We are also concerned with the scale and cost of obligations imposed by SB 553
because, unlike the private industry, local fee authority does not allow for cost recovery.

Additionally, SB 553 specifically prohibits retailers from “confronting” any suspected shoplifter.
Though recent amendments added an exception for “dedicated safety personnel,” most retailers
cannot afford to have such personnel — making the amendment not helpful. In light of California’s
rampant issues with retail theft, SB 553 will make it even harder for small and medium-sized
retailers to discourage theft.

For these reasons, the Shasta County Board of Supervisors is in strong opposition to SB 553.

Patrick Jones, Chair


Board of Supervisors
County of Shasta

cc: Senator Dave Cortese, California State Senate


Assemblymember Ash Kalra, California State Assembly
Honorable Members, Assembly Appropriations Committee
REPORT TO SHASTA COUNTY BOARD OF SUPERVISORS

BOARD MEETING DATE: August 29, 2023

CATEGORY: Regular Calendar

SUBJECT: Approve the proposed responses to the Shasta County Grand Jury Fiscal Year 2022-23
Report entitled "SHASTA COUNTY CARES."

DEPARTMENT: County Administrative Office

SUPERVISORIAL DISTRICT #: All

DEPARTMENT CONTACT: Jared Biddle, Administrative Analyst, (530) 225-5262

STAFF REPORT APPROVED BY: Erin Bertain, Deputy County Executive Officer

Vote Required? General Fund Impact?


Simple Majority Vote No Additional General Fund Impact

RECOMMENDATION
Approve the proposed responses to the Shasta County Grand Jury Fiscal Year 2022-23 Report entitled "SHASTA COUNTY
CARES."

DISCUSSION
On June 3, 2023, the Fiscal Year 2022-23 Grand Jury released the report entitled “Shasta County CARES.” A copy of the report is
attached.

This Grand Jury Report contains Findings and Recommendations requiring responses from the Board. Attached are the proposed
responses for the Board’s consideration.

ALTERNATIVES
The Board may revise the proposed response. There is a legal requirement to respond within 90 days of receipt of the Report,
making the responses due on or before September 1, 2023.

OTHER AGENCY INVOLVEMENT


The proposed responses to the Findings and Recommendations were drafted by the County Administrative Office staff. County
Counsel reviewed the proposed responses.

FISCAL IMPACT
There is No Additional General Fund Impact in adopting the proposed response.

ATTACHMENTS:
1: Grand Jury Report
2: BOS Responses to Grand Jury Report

Page 1
SHASTA COUNTY CARES
2022-2023 Shasta County Grand Jury

SUMMARY
The Shasta County Grand Jury investigated the Shasta County CARES Act Business Grant Pro-
gram. Out of the $18,153,328 Shasta County received in CARES Act relief, $4,000,000 was allo-
cated through the Spending Plan for the administration of a Business Grant Program. The three
incorporated cities within Shasta County also received CARES funds and had business grant pro-
grams separate from the County’s program.
While the County program helped businesses within all of Shasta County, the Jury found a major
component of the County program, the prioritization of businesses in the unincorporated areas,
was not met. The cities’ programs could not be used for unincorporated areas.
The Jury was able to review extensive applicant lists, spreadsheet and bank records, and conduct
its own random audit of the County program. The Jury found some specifications of the contract
were not followed, and there were duplications of grant awards between the Cities’ programs and
the County program.

BACKGROUND
Due to the COVID-19 Global Pandemic, President Trump and Governor Newsom declared na-
tional and state emergencies in early March 2020. The Shasta County Sheriff and the Public Health
Officer declared a local emergency on March 17, 2020, which was ratified by the Board of Super-
visors (BOS) on March 24, 2020, thereby activating the Emergency Disaster Program.
The country was in shutdown mode to keep the COVID virus from spreading, which resulted in
catastrophic effects on commerce, both locally and nationally.
The US Congress passed the $2.2 trillion Coronavirus Aid, Relief, and Economic Security Act
(CARES), and it was signed into law effective March 27, 2020. The Federal Housing and Urban
Development Department (HUD) authorized an expansion of the Community Development Block
Grant Program (CDBG-CV) to include distressed businesses. There were multiple avenues by
which these monies were dispersed in the nation. This investigation focused solely on business
grant programs within Shasta County. The Jury would not normally investigate private entities as

1
that does not fall within the Jury’s purview. In this case, the Jury investigated the disbursement of
public funds, which does fall within its purview, and how the following grants were distributed:
• CARES Business Grants by the County and Cities
• CARES Community Development Block Grants-COVID-19 (CDBG-CV) by Cities
The CARES Act provided for direct funding to state, county and local governments based on pop-
ulation. Receiving government entities agreed:
• to adhere to all federal rules for contracts;
• to comply with public health guidelines;
• to comply with all state and federal reporting requirements.
On July 15, 2020, the Shasta County Board of Supervisors voted to approve and ratify retroactively
to July 2, 2020, the certification to receive these funds.

METHODOLOGY
• Researched CARES Act provisions extensively
• Interviewed Shasta County elected officials and staff
• Interviewed Chamber of Commerce/Forward Redding Foundation administrative staff and
volunteers
• Interviewed staff and representatives of Redding, Anderson, and Shasta Lake City
• Reviewed videos, agendas and minutes of public meetings
• Reviewed spreadsheets, Google data, bank records, applicant and award data
• Reviewed multiple single-audit and reports
A detailed list of reference material is listed later in the report.

DISCUSSION
This Grand Jury decided to conduct an investigation to ensure that CARES funds were properly
and equitably distributed throughout the County. On September 15, 2020, the Shasta County Board
of Supervisors (BOS) approved a Spending Plan, which allocated $18.2 million as follows:
1. Health and Human Service received $9,422,615
2. Business grants received $4,000,000
3. Shasta County Departments received $3,517,391
4. Community Assistance/Non-Profits received $1,213,322
After reviewing the four areas listed above, the Shasta County Grand Jury (SCGJ) chose to inves-
tigate the CARES Business Grant Program:
• to ascertain how the community benefited from the funding;
• how applications were handled;
• if rural areas were given priority;
• how funds were distributed to ensure as many businesses were served as possible; and
• how funds were tracked in order to prevent fraud.

2
In order to assist the business community, the BOS awarded a no-bid contract to the Forward
Redding Foundation (FRF). This Foundation was responsible for administering the County Busi-
ness Grant Program of $4,000,000. The FRF had no prior experience in the administration of pub-
lic funds. The Health and Human Services Agency (HHSA) was given oversight of the FRF con-
tract.
The major highlights of the original contract with FRF stipulated: priority of grant awards to the
unincorporated area; grant limits of $5,000; awards to businesses with five or fewer employees;
and limits to the dollar amount of grant awards if the applicant had received a Paycheck Protection
Plan (PPP), Economic Impact Disaster Loan (EIDL), or any other grant/loan award. It also required
FRF to oversee compliance as outlined in the contract with the County.
Before any checks were written for County grants, prior to November 5, 2020, two amendments
were made to the contract. With each amendment the criteria for grant award was expanded or
dropped. One major change was the removal of the monetary adjustment of grant awards to busi-
nesses that had received previous grant awards; they were now eligible for full County CARES
grants. The first amendment changed the contract to include businesses with up 25 employees and
grant awards were increased from the original $5,000 to $20,000 per business. The Jury was unable
to discover the rationale used to make these changes as there are approximately 2000 businesses
in Shasta County with five or fewer employees, according to Shasta County Economic Develop-
ment Corporation statistics. The second amendment, signed on October 21, 2020, and effective as
of September 15, 2020, changed the contract so businesses awarded grants between August 11,
2020, and September 14, 2020, would be eligible to reapply and receive an additional grant from
the County despite no applications being accepted before September 22, 2020.

One of the many provisions from the original contract, as amended, that remained unchanged was
the mandate that priority be given to the unincorporated areas of the County. The amount of County
grant money awarded was increased throughout the contract amendment process from the original
amount of $100,000, to the final amount of $4,000,000.
The Jury found the Cities also entered into contracts with the FRF to administer business grant
programs. The five programs administered by FRF were CARES for the County and Shasta Lake
City and CDBG-CV Business Grants for the Cities of Redding, Anderson, and Shasta Lake City.
Contracts were signed separately, each with its own terms and fees. Under the rules, CARES and
CDBG-CV funds allotted to the Cities could only be disbursed to businesses within their respective
city limits.
All parties interviewed were familiar with a regional approach to the disbursement of funds by the
Cities and County. The Forward Redding Foundation spearheaded this regional approach. The
amount of CARES Act public funds that passed through the Foundation was $4,369,463. Total
fees collected by the Foundation for CARES and CDBG-CV disbursements totaled $154,764.
In July of 2020, FRF entered into a contract with a local bookkeeping firm. Contract details in-
cluded: working with the Cities and the County to ensure compliance with all funding contracts;
reviewing all applications for completeness; and presenting completed applications to a Grant Re-
view Committee
The FRF obtained permission from the City of Redding (COR) to use aspects of its previously
administered $750,000 CARES program. Specifically, their electronic application process was
utilized, which populated a Google Document with applicant information. There were no paper

3
applications. Additionally, a volunteer Grant Review Committee comprised of eight individuals
from the business community was formed.
The COR contracted with FRF to administer its CDBG-CV Business Grant Program. The CDBG-
CV program awarded 45 business grants totaling $213,352. FRF collected an administrative fee
of $3,798. The County CARES grant programs awarded $3,010,967 to zip codes 96001, 96002
and 96003.
The City of Anderson also contracted with FRF to administer its CDBG-CV Business Grant Pro-
gram. The total amount available for these grants was $79,899. FRF collected $7,773 in adminis-
trative fees. Records show three grants were awarded totaling $14,000. The unused balance is in
reserve pending a request to HUD for approval to install free internet service in Anderson’s city
parks. The County CARES grant program awarded $370,500 to zip code 96007.
Shasta Lake City contracted with FRF to administer its CARES Business Grant Program as well.
Ten businesses were given grant awards totaling $90,000. FRF collected an administrative fee of
$10,000. In addition, FRF was also contracted to administer the CDBG-CV program totaling
$20,000 and five grants were awarded, for which it received $10,540 in administrative fees. The
County CARES grant program awarded $69,000 to zip code 96019.
FRF administered $3,839,864 through the Shasta County Business Grant Program awarding 473
business grants and collecting $122,653 for administrative fees.
The Cities had smaller federal monies to distribute, fewer number of grants to award, and defined
geographic boundaries. All three of the Cities provided final reports, detailed records, and the
required Single Audits conducted by a local CPA for FRF, which concluded no findings.
The Shasta County contract was significantly larger in dollar amounts, number of applicants and
grantees, as well as geographical area, since the entire County was within its limits for grants.
Shasta County’s Health and Human Services Agency/Business and Support Services Branch was
assigned oversight of monthly reports, as required by the FRF contract.
Monthly reports from FRF to HHSA were due by the 15th of each month until the end of the
Program. Staffing issues at HHSA contributed to delays and inadequacies in the contractually re-
quired auditing. HHSA and FRF failed to timely complete monthly reports.
HHSA did not complete a final compliance audit nor resolve outstanding issues until July 2022.
When completed, the Shasta County Auditor/Controller’s office was able to identify $37,347 of
unused allocated administrative fees from FRF. This money was then used to award eight addi-
tional business grants.
This Jury conducted limited scope audits for all CARES and CDBG-CV use of public funds allo-
cated for business grants within the Cities. The Jury also reviewed all records for compliance.
A more detailed and wider scope audit was conducted by this Jury for the County’s business grants.
SC Auditor/Controller’s office provided detailed records and assistance. After repeated requests,
the FRF provided corresponding records in order to complete the comparison audit. Due to the
electronic process of the program the Jury was unable to verify applicant signatures.
This Jury’s investigation revealed the majority of Shasta County CARES Business Grants dis-
bursed through the FRF contract went to businesses within incorporated areas.

4
Shasta County CARES Awards by Zip Code
1%
1% 3%
1% 96001 155
1%
2% 96002 126
3% 2%
96003 80
33%
96007 45
9%
96073 13
96019 10
96022 9
96088 7
96013 4
17%
96028 4
96033 3
Zips with less than 1 award 17
27%

Businesses within incorporated areas had three different opportunities to apply for CARES and
CDBG-CV Business Grants, while the unincorporated areas only had one funding opportunity
through the County grant program.

Shasta County CARES Awards


$122,653

$699,096 Incorporated Area

Unincorporated
Area
$3,178,251 Fees

There were 473 grants awarded from County grant monies, of which 389 went to businesses within
city limits. There were 145 Redding Chamber members who received grants. Eighty-four County
grants were awarded to those in unincorporated areas. There were 12 recipients of double awards
from County monies, while research revealed one went to the unincorporated areas. There were

5
51 recipients of awards from both county and COR monies. There were 39 recipients of awards
from CDBG-CV and County CARES monies. Additionally, several recipients were provided
more than two awards. Eligible applicants were left on the County’s waitlist while duplicate
awards were given.
Small businesses in the unincorporated areas of Shasta County are not required to have a Business
License, and only register with the County when they operate under a Fictitious Name. The Jury
researched the Better Business Bureau, Chambers of Commerce, and Fictitious Name Filing Data
Base to estimate that at least 1,410 rural small businesses were eligible to apply for the CARES
Grants.
The FRF had a small staff to conduct the actual work of awarding grants and to administer five
coinciding contracts while complying with complicated government regulations. FRF relied on
unpaid community volunteers to serve on one or more of the grant reviewing committees to over-
see and steer the programs. Time was limited to the then requirement that funds be distributed by
December 31, 2020. Time was short, the workload was large. The Federal Government finally
extended the deadline to December 31, 2021. Local governments were given only a three-day
notice of this extension on December 27, 2020. When the program ended, it was reported at a
Board of Supervisor’s meeting that $1,000,000 worth of requests were on a wait list.
The Redding Chamber members received prior notification of the upcoming County Grant Pro-
gram. Those on the City of Redding waitlist also received prior notification. Those on the Shasta
Lake City waitlist were given priority. Followers of the Redding Chamber social platforms re-
ceived ongoing updates. The County grant program was previewed at the annual State of the City
of Redding luncheon. Businesses in the unincorporated areas do not routinely participate in the
State of the City of Redding’s Luncheon since the focus of that event is on primarily on Redding.
Media coverage of CARES Act application procedures and processes was inadequate for the un-
incorporated areas of Shasta County. The U.S. Census categorizes Shasta County as a county that
has no Internet coverage in 20% of its geographic area, due to both internet dead zones and the
inability of residents to pay for services when available. The Jury was unable to determine if these
issues resulted in fewer businesses applying.
The Jury acknowledges Shasta County was experiencing a high degree of fear and anxiety during
this period. The Jury further acknowledges this pandemic was global, and may not happen exactly
again, but other crises on this scale cannot be ruled out. The CARES Act authorizes the next phase
titled, American Rescue Plan Act (ARPA), and funds continue to be appropriated to County Gov-
ernments. A link to Shasta County’s ARPA spending plan of $34,000,000 is included in the Ref-
erences.

The April 2020 census estimates 182,155 citizens residing in Shasta County with 66,850 in the
unincorporated areas. This figure is derived by subtracting the populations from the three incorpo-
rated Cities. Of those 66,850, the census report designates an estimated 24,500 who live in the
areas that are underserved and designated Census Designated Places.

There were no specified benchmarks or standards against which to measure whether priority was
properly given to the unincorporated areas as required by the contract. While rapid distribution of
funding was achieved, the Jury was unable to find any measurement tool for fairness of distribu-
tion.

6
FINDINGS
F1 Shasta County recognized the urgency to allocate CARES monies to support small busi-
nesses during this historical emergency.
F2 The contract for the Shasta County CARES Business Grant Program, while prioritizing
businesses in the unincorporated areas of the County, contained no language with respect
to how that goal would be achieved.
F3 The lack of contract language for measurements and standards regarding awards to the
unincorporated areas unintentionally resulted in the majority of grant monies being dis-
bursed to businesses in the incorporated areas.
F4 The Second Amendment’s new language to the County’s contract permitted duplicate
awards while multiple businesses on the waitlist went unserved.

F5 The Jury found there are areas within the County where there is limited or no access to
the Internet and cable television services, either due to economics or availability issues,
which inadvertently resulted in fewer businesses having knowledge of the Program.

COMMENDATIONS
C1 Members of the Grant Review Committees who volunteered their time and expertise dur-
ing a pandemic.
C2 The cities of Anderson, Shasta Lake and Redding for keeping and providing detailed
records of their Spending Plans to this Grand Jury.
C3 The Shasta County Auditor/Controller Department for keeping and providing detailed
records of the county CARES Spending Plan to this Grand Jury

.RECOMMENDATIONS

R1 Shasta County Board of Supervisors shall evaluate and assess best practices to ascertain
emergency county-wide needs, and quick response to those needs, during a declared Na-
tional State and local emergency.
R2 Shasta County Board of Supervisors must include clear contract language to specifically
measure all provisions of the contract are fully monitored and meet.

R3 The Shasta County Board of Supervisors will identify the areas within the County that
are lacking Internet services and establish alternate methods of communication for those
areas.

REQUIRED RESPONSES
Pursuant to California Penal Code Sections 933 and 933.05 respectively, the 2022-2023 Shasta
Grand Jury requests responses from the following governing body (within 90 days):
• Shasta County Board of Supervisors, F1, F2, F3, F4, F5 and R1, R2, R3

7
REFERENCES
Shasta County California
https://www.cityofredding.org/
https://www.ci.anderson.ca.us/
https://www.cityofshastalake.org/
https://home.treasury.gov/policy-issues/coronavirus/assistance-for-state-local-and-tribal-govern-
ments
https://dof.ca.gov/budget/COVID-19-information/coronavirus-relief-fund-allocations-for-cities-
and-counties/
Interviews with Shasta County, Cities of Redding, Shasta Lake City, Anderson, and FRF repre-
sentatives
Shasta County Board of Supervisors Agendas, Agenda Packets, Minutes
City of Redding City Council Agendas, Agenda Packets, Minutes
City of Anderson City Council Agendas, Agenda Packets, Minutes
City of Shasta Lake Council Agendas, Agenda Packets, Minutes
Grant Agreement between the County of Shasta and Forward Redding Foundation and four grant
amendments
Shasta County HHSA/Business and Support Service Branch Compliance Audit Letters to FRF
Shasta County Auditor/Controller Transaction Report
Shasta County Economic Development Corporation
City of Redding Micro-Enterprise COVID-19 Relief Grant contract with Forward Redding Foun-
dation
City of Shasta Lake MOU with FRF to administer COVID-19 Microenterprise Business Grant
Relief Program
City of Anderson Agreement with FRF for Micro Enterprise Service and Loan Program
City of Redding list of CARES Act grantees
City of Redding list of CDBG-CV grantees
City of Redding CARES Act unfunded grant requests
City of Anderson CDBG-CV grantees
City of Shasta Lake Microenterprise Business Grantee list
City of Anderson Micro Enterprise Grantee List
Shasta County CARES Act Grantees
Forward Redding Foundation County CARES Act grantee list
Forward Redding Foundation County CARES Act waitlist
Contract between Forward Redding Foundation and Bookkeeper for program administration
Electronic Google doc
United State Bureau of Census 2020 data
Numerous Excel spreadsheets from Forward Redding Foundation
D.H. Scott, Independent Auditors Report – 3/1/22

8
SC Single Audit – FY 20/21
Forward Redding Foundation Final Grant Report, August 5, 2020 – December 31, 2020, amended
December 31, 2021
Shasta County CARES Act Spending Plan
Shasta County Fictitious Name Filing Data Base
California Better Business Bureau Dunsmuir, Burney, and Intermountain Chambers of Commerce

DISCLAIMERS
Reports issued by a grand jury do not identify individuals interviewed. Penal Code § 929 requires
that reports of a grand jury not contain the names of any person or facts leading to the identity
of any persons who provide information to a grand jury.

When there is a perception of a conflict of interest involving a member of a grand jury, that
member is required to recuse from any aspect of an investigation involving such a conflict and
from voting on the acceptance or rejection of a report. One member of the Grand Jury recused
from this report.

9
SHASTA COUNTY
BOARD OF SUPERVISORS
1450 Court Street, Suite 308B KEVIN W. CRYE, DISTRICT 1
Redding, California 96001-1673 TIM GARMAN, DISTRICT 2
(530) 225-5557 MARY RICKERT, DISTRICT 3
(800) 479-8009 PATRICK JONES, DISTRICT 4
(530) 229-8238 FAX CHRIS KELSTROM, DISTRICT 5

August 29, 2023

The Honorable Adam B. Ryan


Presiding Judge, Shasta County Superior Court
1500 Court St, Rm 205
Redding, CA 96001

Dear Judge Ryan,

RE: Response of Board of Supervisors to Fiscal Year 2022-23 Grand Jury Report:
“SHASTA COUNTY CARES”

The Shasta County Board of Supervisors appreciates the time and dedication which the Fiscal Year
2022-23 Grand Jurors contributed to their charge. The findings and recommendations contained
in the report are under serious consideration and discussions are being held regarding solutions to
any unresolved problems.

FINDINGS

The Grand Jury findings:

F1. Shasta County recognized the urgency to allocate CARES monies to support
small businesses during this historical emergency.

Response: The Board of Supervisors (BOS) agrees with this finding.

F2. The contract for the Shasta County CARES Business Grant Program, while
prioritizing businesses in the unincorporated areas of the County, contained no
language with respect to how that goal would be achieved.

Response: The BOS agrees with this finding.

F3. The lack of contract language for measurements and standards regarding
awards to the unincorporated areas unintentionally resulted in the majority of
grant monies being disbursed to businesses in the incorporated areas.

Response: The BOS disagrees wholly with this finding. Most businesses are within the
incorporated areas and businesses would only be considered for the grant funds if
they applied through the grant application process. Additionally, the FRF contracted
with a bookkeeping firm to ensure compliance with the contract and the FRF also
created a Grant Review Committee which was comprised of eight individuals from
the business community to review grants.

F4. The Second Amendment’s new language to the County’s contract permitted
duplicate awards while multiple businesses on the waitlist went unserved.

Response: The BOS disagrees partially with this finding. The BOS recognizes that recipients of
grant funds were eligible for an increased amount due to the amended agreement.
Recipients of grant funds were required to reapply to be considered for the additional
grant funds up to the new maximum. FRF was responsible for adopting and carrying
out these amendments.

F5. The Jury found there are areas within the County where there is limited or no
access to the Internet and cable television services, either due to economics or
availability issues, which inadvertently resulted in fewer businesses having
knowledge of the Program.

Response: The BOS disagrees partially with this finding. Information about the program was
made public. Whether businesses were engaged with Shasta County BOS meetings
and/or new programs being offered during the COVID-19 pandemic is not limited to
their access to internet and cable television services.

RECOMMENDATIONS

The Grand Jury recommends:

R1. Shasta County Board of Supervisors shall evaluate and assess best practices to
ascertain emergency county-wide needs, and quick response to those needs,
during a declared National State and local emergency.

Response: The recommendation has been implemented. This is a function of the BOS. The BOS
will continue to allow emergency response staff to take the lead when emergencies
arise. The BOS will also continue to give direction on the handling of events when
appropriate.

R2. Shasta County Board of Supervisors must include clear contract language to
specifically measure all provisions of the contract are fully monitored and
meet.

Response: The recommendation has been implemented. This process has been in effect via
Administrative Policy 6-101, Shasta County Contracts Manual. The “GRANT
AGREEMENT BETWEEN THE COUNTY OF SHASTA AND FORWARD
REDDING FOUNDATION,” including the amendments, each utilized the standard
contract and amendment templates. County departments are heavily encouraged to
use these templates. The template includes a “Responsibilities of Consultant” section
as well as a “Responsibilities of County” section. These two sections, including
others, allow for each party to include the expectations and/or duties needing to be
fulfilled per the agreement.

R3. The Shasta County Board of Supervisors will identify the areas within the
County that are lacking Internet services and establish alternate methods of
communication for those areas.

Response: The recommendation requires further analysis, which has already begun. Shasta
County is participating in the California State Digital Equity Plan. The California
Department of Technology is currently developing the state’s digital equity portion
of the plan‚ which will determine the allocation of funds to California. As part of
their community engagement efforts‚ they are seeking input from residents through
a brief and anonymous survey. To ensure that Shasta County’s needs are accurately
represented we need survey responses. Requests to complete a survey were sent out
via email an in social media posts. The 10-minute survey can help secure federal
dollars for broadband efforts within Shasta County.

This concludes the responses of the Shasta County Board of Supervisors to the Fiscal Year 2022-
23 Grand Jury Report entitled "SHASTA COUNTY CARES."

Sincerely,

Patrick Jones, Chair


Board of Supervisors
REPORT TO SHASTA COUNTY BOARD OF SUPERVISORS

BOARD MEETING DATE: August 29, 2023

CATEGORY: Regular Calendar

SUBJECT: Adopt a resolution which: (1) Establishes property tax exchange terms related to the
annexation of unincorporated territory into the Fall River Valley Fire Protection District;
and (2) designates authority to sign any documents related to the implementation of the
resolution.

DEPARTMENT: County Administrative Office

SUPERVISORIAL DISTRICT #: District 3

DEPARTMENT CONTACT: Bryce Ritchie, Administrative Analyst, (530) 225-5550

STAFF REPORT APPROVED BY: David J. Rickert, County Executive Officer

Vote Required? General Fund Impact?


Simple Majority Vote No Additional General Fund Impact

RECOMMENDATION
Adopt a resolution which: (1) Establishes property tax exchange terms related to the annexation of unincorporated territory into the
Fall River Valley Fire Protection District; and (2) approves and authorizes the County Executive Officer to sign any documents
related to the implementation of the resolution.

DISCUSSION
The Fall River Valley Fire Protection District (FPD) submitted an application to the Shasta Local Agency Formation Commission
(Shasta LAFCO) to annex portions of unincorporated territory into the FPD.

In order for the proposed annexation to move forward before Shasta LAFCO, pursuant to Revenue & Taxation Code section 99, a
property tax exchange resolution must be adopted by the Board of Supervisors. Revenue and Taxation Code section 99(b)(5) states:
In the event that a jurisdictional change would affect the service area or area of responsibility of one or more special districts, the
board of supervisors of the county or counties in which the districts are located shall, on behalf of the districts, negotiate any
exchange of property tax revenues. Prior to entering into negotiation on behalf of a district for the exchange of property tax revenue,
the board shall consult with the affected district. The consultation shall include, at a minimum, notification to each member and
executive officer of the district board of the pending consultation and provision of adequate opportunity to comment on the
negotiation.

It is County Counsel’s opinion that this statute provides the Shasta County Board of Supervisors with the discretion to determine
any property tax exchange among the FPD and other special districts as it relates to the proposed reorganization.

On July 12, 2023, staff met with Commissioners and Command Staff of the FPD to discuss changes proposed by the annexation of
additional territory. During the meeting, staff found no evidence the FPD would relieve either the County or other impacted districts
of any of their respective services or responsibilities, as a result of the proposed annexation.

In that regard, the resolution submitted for the Board’s approval provides that 100% of the base year property tax revenue and 100%
of the current and future annual property tax increment revenue allocated to the FPD will remain allocated to the FPD. No other
entities’ property tax revenues will be impacted. Final approval of the annexation is a decision for Shasta LAFCO.

Page 1
ALTERNATIVES
The Board could choose not to adopt the resolution or to alter its terms. If the Board declines to adopt a tax sharing resolution, then
the proposed reorganization will not be able to proceed.

OTHER AGENCY INVOLVEMENT


The Assessor-Recorder prepared the report identifying the assess valuations for the affected territory. The Auditor-Controller
provided the tax revenue estimates and notified affected districts. County Counsel has reviewed the resolution as to form. The
County Administrative Office prepared the resolution and the staff report.

FISCAL IMPACT
There is no General Fund impact with the adoption of the resolution.

ATTACHMENTS:
1: Draft Resolution

Page 2
RESOLUTION NO. 2023-XXX

RESOLUTION OF THE BOARD OF SUPERVISORS


OF THE COUNTY OF SHASTA
ESTABLISHING A PROPERTY TAX EXCHANGE RELATED TO
THE FALL RIVER VALLEY FIRE PROTECTION DISTRICT ANNEXATION OF
UNINCORPORATED TERRITORY

WHEREAS, Revenue and Taxation Code Section 99, as amended, provides for the
affected agencies to determine an appropriate property tax transfer for all jurisdictional changes of
organizations occurring within Shasta County prior to the proposal being considered by the Shasta
Local Agency Formation Commission (“LAFCO”); and

WHEREAS, in the event that a jurisdictional change would affect the service area or
service responsibility of one or more special districts, the Board of Supervisors of the County in
which the districts are located shall, on behalf of the districts, negotiate any exchange of property
tax revenues; and

WHEREAS, the Fall River Valley Fire Protection District (“Fall River Valley FPD”)
submitted an application, signed on April 17, 2023, to Shasta LAFCO for a reorganization that
would annex territory to the Fall River Valley FPD, which is inside the Fall River Valley FPD’s
Sphere of Influence (the “Annexation”); and

WHEREAS, a map showing the proposed areas to be annexed into the Fall River Valley
FPD is attached as Exhibit A; and

WHEREAS, the phrase “area of Annexation” shall refer to the areas to be annexed into
the Fall River Valley FPD; and

WHEREAS, the current distribution of property taxes for the affected properties within
the area of the Annexation has been determined and provided to each affected agency; and

WHEREAS, by law, the Board of Supervisors shall determine the distribution of property
tax revenues in the area of Annexation among the affected special districts, after having provided
notice and an opportunity to comment to the affected special districts.

NOW, THEREFORE, BE IT RESOLVED AND ORDERED, that the Board of


Supervisors of the County of Shasta DOES HEREBY ESTABLISH the following distribution
of property taxes generated in the area of the Annexation after the effective date of the Annexation:

1. Base Year Property Tax Revenue, as defined by the Revenue & Taxation Code, shall be
distributed as follows:

a. To the County of Shasta, 100% of the base year property tax revenue allocated to
the County of Shasta pursuant to the Tax Rate Allocation Factors established by
law.
Resolution No. 2023-XXX
July 25, 2023
Page 2 of 4

b. To Fall River Valley FPD, 0% of the base year property tax revenue allocated to
the County of Shasta pursuant to the Tax Rate Allocation Factors established by
law.

c. To each Special District (as defined in Revenue & Taxation Code Section 95 (m))
affected by the Annexation, 100% of the base year property tax revenue allocated
to each Special District pursuant to the Tax Rate Allocation Factors established
by law.

d. To Fall River Valley FPD, 0% of the base year property tax revenue allocated to
all other Special Districts affected by the Annexation pursuant to the Tax Rate
Allocation Factors established by law.

e. No Tax Rate Allocation Factors shall be changed or otherwise impacted by this


resolution

2. Annual Property Tax Increment Revenue, as defined by the Revenue & Taxation Code,
shall be distributed as follows:

a. To the County of Shasta, 100% of the current and future annual property tax
increment revenue allocated to the County of Shasta pursuant to the Tax Rate
Allocation Factors established by law.

b. To Fall River Valley FPD, 0% of the current and future annual property tax
increment revenue allocated to the County of Shasta pursuant to the Tax Rate
Allocation Factors established by law.

c. To each Special District (as defined in Revenue & Taxation Code Section 95 (m))
affected by the Annexation, 100% of the current and future annual property tax
increment revenue allocated to each Special District pursuant to the Tax Rate
Allocation Factors established by law.

d. To Fall River Valley FPD, 0% of the current and future annual property tax
increment revenue allocated to all other Special Districts affected by the
Annexation pursuant to the Tax Rate Allocation Factors established by law.

e. No Tax Rate Allocation Factors shall be changed or otherwise impacted by this


resolution

BE IT FURTHER RESOLVED the County Executive Officer, to the extent permissible


by law, is hereby authorized to sign any documents pertaining to implementation of this
resolution and to act as the Board of Supervisors representative in the above related tax exchange
matter.
Resolution No. 2023-XXX
July 25, 2023
Page 3 of 4

DULY PASSED AND ADOPTED this 25th day of July 2023, by the Board of
Supervisors of the County of Shasta, by the following vote:

AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSE:

PATRICK JONES, CHAIR


Board of Supervisors
County of Shasta
State of California

ATTEST:

DAVID J. RICKERT
Clerk of the Board of Supervisors

By
Deputy
Resolution No. 2023-XXX
July 25, 2023
Page 4 of 4
Exhibit A
REPORT TO SHASTA COUNTY BOARD OF SUPERVISORS

BOARD MEETING DATE: August 29, 2023

CATEGORY: Regular Calendar

SUBJECT: Adopt a resolution which establishes a steering committee concerning planning efforts
for the Palo Cedro area and find that this action is not a project as defined by the State
California Environmental Quality Act (CEQA) Guidelines section 15378 and is,
therefore, not subject to CEQA.

DEPARTMENT: Resource Management

SUPERVISORIAL DISTRICT #: District 3

DEPARTMENT CONTACT: Adam Fieseler, Assistant Director of Resource Management, (530) 225-5532

STAFF REPORT APPROVED BY: Paul Hellman, Director of Resource Management

Vote Required? General Fund Impact?


Simple Majority Vote No Additional General Fund Impact

RECOMMENDATION
Adopt a resolution which establishes a steering committee concerning planning efforts for the Palo Cedro area, and find that this
action is not a project as defined by the State California Environmental Quality Act (CEQA) Guidelines section 15378 and is,
therefore, not subject to CEQA.

DISCUSSION
At the July 25, 2023, Board of Supervisors meeting this item was continued to August 29th so the full Board could consider this
item.

Prior to August 2022, the Palo Cedro Town Center Specific Plan was being prepared with the use of state grant funding. During the
November 18, 2022, Board of Supervisors meeting Acting County Executive Officer Patrick Minturn announced that state grants
will not be utilized for the preparation of the specific plan and that staff will seek input from the community and direction from the
Board on February 21, 2023, regarding what, if any, planning efforts should be undertaken for Palo Cedro.

On February 21, 2023, the Board of Supervisors received a presentation from staff and public comment regarding the specific plan
and other potential planning efforts for Palo Cedro and directed staff to meet with two representatives of the group in support of
preparing the specific plan and two representatives of the group in opposition to preparing the specific plan and to report the outcome
of their meeting to the Board on March 14, 2023.

On March 14, 2023, the Board received a presentation from staff regarding the outcome of their meeting with the representatives
of the groups in support and in opposition to preparing the specific plan, received public comment, and by a 3-2 vote directed staff
to solicit input from Supervisor Rickert and Supervisor Kelstrom and to bring back a resolution to establish a steering committee
concerning planning efforts for the Palo Cedro area for the Board’s consideration.

Supervisor Rickert, Supervisor Kelstrom, and staff recommend the establishment of a nine-member steering committee comprised
of three members recommended by the group in support of preparing the specific plan, three members recommended by the group
in opposition to preparing the specific plan, and three members that neither support nor oppose the preparation of the specific plan
and who are otherwise unaffiliated with either aforementioned group recommended jointly by Supervisor Rickert, Supervisor

Page 1
Kelstrom, and staff. Supervisor Rickert, Supervisor Kelstrom, and staff recommend that the appointment of the nine steering
committee members be made by a majority of the Board after considering the recommendations of Supervisor Rickert, Supervisor
Kelstrom, staff, and the groups and after receiving public comment. Supervisor Rickert, Supervisor Kelstrom, and staff recommend
that in the event of vacancies on the steering committee the appointment of new members be made by a majority of the Board after
considering the recommendations of Supervisor Rickert, Supervisor Kelstrom, and staff and after receiving public comment.

The steering committee would be a legislative body pursuant to Government Code section 54952(b) and, therefore, the steering
committee and its members would be required to conduct the business of the steering committee in accordance with the requirements
of the Ralph M. Brown Act (Government Code Title 5, Division 2, Part 1, Chapter 9).

ALTERNATIVES
The Board could choose not to adopt the resolution, to adopt the resolution with revisions, or to provide other direction to staff.

OTHER AGENCY INVOLVEMENT


County Counsel has approved the resolution as to form. The County Administrative Office has reviewed the recommendation.

FISCAL IMPACT
No additional fiscal impact would result from the adoption of the resolution.

ATTACHMENTS:
1: Draft Resolution

Page 2
RESOLUTION NO. 2023-__

A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE


COUNTY OF SHASTA ESTABLISHING A STEERING COMMITTEE
CONCERNING PLANNING EFFORTS FOR THE PALO CEDRO AREA

WHEREAS, in response to a request from the Palo Cedro Area Chamber of Commerce
(“Chamber of Commerce”), on July 16, 2019, the Board of Supervisors of the County of Shasta
(“Board”) adopted Resolution No. 2019-063, a resolution of intention to consider amending the
Shasta County Zoning Plan to establish a Design Review District for the downtown Palo Cedro
area of unincorporated Shasta County; and

WHEREAS, based upon meetings between Chamber of Commerce representatives and


Department of Resource Management staff (“staff”) subsequent to July 16, 2019, it became
apparent that the establishment of a Design Review District for downtown Palo Cedro would not
be sufficient to address the full range of planning-related community concerns identified during
Chamber of Commerce “Envision Palo Cedro Initiative” workshops and in response to various
controversial Palo Cedro area development proposals in recent years; and

WHEREAS, State of California grants sufficient to fund the preparation of a specific plan
for downtown Palo Cedro in lieu of the establishment of a Design Review District were awarded
to Shasta County and a consultant was retained to prepare the specific plan (hereinafter referred to
as the specific plan); and

WHEREAS, community concerns regarding the housing-related requirements of one of


the State grants being utilized to fund the preparation of the specific plan led to the decision to halt
the preparation of the specific plan and to discontinue the utilization of State grant funds for this
purpose; and

WHEREAS, on February 21, 2023, the Board received a presentation from staff and public
comment regarding the specific plan and other potential planning efforts for Palo Cedro and
directed staff to meet with two representatives of the group in support of preparing the specific
plan and two representatives of the group in opposition to preparing the specific plan and to report
the outcome of their meeting to the Board on March 14, 2023; and

WHEREAS, on March 14, 2023, the Board received a presentation from staff regarding
the outcome of their meeting with the representatives of the groups in support and in opposition to
preparing the specific plan, received public comment, and by a 3-2 vote directed staff to solicit
input from Supervisor Rickert and Supervisor Kelstrom and to bring back a resolution to establish
a steering committee concerning planning efforts for the Palo Cedro area for the Board’s
consideration; and

WHEREAS, Supervisor Rickert, Supervisor Kelstrom, and staff recommend the


appointment of nine steering committee members be made by a majority of the Board based on
public comment at a regular or special Board Meeting and up to three names of potential steering
committee members as may be recommended to the Board from each of the respective groups in
Resolution No. 2023-__
Page 2 of 3

support, in opposition, and neither in support or in opposition, of the preparation of a specific plan;
and

WHEREAS, Supervisor Rickert and Supervisor Kelstrom and staff recommend that the
steering committee be comprised of nine people, three of whom who are in favor of and support
the preparation of a specific plan, three of whom oppose the preparation of a specific plan; and
three of whom neither support nor oppose the preparation of a specific plan.

NOW, THEREFORE, BE IT RESOLVED that a steering committee concerning


planning efforts for the Palo Cedro area is hereby established and shall be comprised of nine
members as follows: three members recommended by the group in support of preparing the
specific plan, three members recommended by the group in opposition to preparing the specific
plan, and three members that neither support nor oppose the preparation of the specific plan and
who are otherwise unaffiliated with either aforementioned group recommended jointly by
Supervisor Rickert, Supervisor Kelstrom, and staff; and

BE IT FURTHER RESOLVED that the appointment of the nine steering committee


members be made by a majority of the Board after considering the recommendations of Supervisor
Rickert, Supervisor Kelstrom, staff, and the groups and after receiving public comment in
conjunction with a regular or special meeting agenda item; and

BE IT FURTHER RESOLVED that in the event of vacancies on the steering committee


the appointment of new members be made by a majority of the Board after considering the
recommendations of Supervisor Rickert, Supervisor Kelstrom, and staff and after receiving public
comment in conjunction with a regular or special meeting agenda item; and

BE IT FURTHER RESOLVED that the steering committee and its members shall meet
and conduct the business of the steering committee and serve as an advisory body to the Board of
Supervisors concerning planning efforts for the Palo Cedro area in accordance with the
requirements of the Ralph M. Brown Act (Government Code Title 5, Division 2, Part 1, Chapter
9); and

BE IT FURTHER RESOLVED that the Board of Supervisors of the County Shasta finds
that the adoption of this resolution is not a project as defined by State California Environmental
Quality Act (CEQA) Guidelines section 15378 and is, therefore, not subject to CEQA; and

BE IT FURTHER RESOLVED that the Recitals set forth above are true and correct and
are hereby adopted and incorporated herein.
Resolution No. 2023-__
Page 3 of 3

DULY PASSED AND ADOPTED this 29th day of August, 2023, by the Board of
Supervisors of the County of Shasta by the following vote:

AYES: X
NOES: X
ABSENT: X
ABSTAIN: X
RECUSE: X

PATRICK JONES, CHAIR


Board of Supervisors
County of Shasta
State of California

ATTEST:

DAVID J. RICKERT
Clerk of the Board of Supervisors

By:
Deputy
REPORT TO SHASTA COUNTY BOARD OF SUPERVISORS

BOARD MEETING DATE: August 29, 2023

CATEGORY: Scheduled Hearings

SUBJECT: Take the following actions: (1) Conduct a public hearing; (2) adopt a resolution which:
(a) finds that, for Fiscal Year (FY) 2022-23, the subvention payment the County received
from the State of California pursuant to the Open Space Subvention Act was less than
one-half of the County’s actual foregone General Fund property tax revenue that resulted
from Williamson Act contracts; and (b) states the Board’s decision to implement
Government Code section 51244(b) and Government Code section 51244.3 effective
January 1, 2024; (3) direct staff to notify all Williamson Act contracted landowners of
the following: (a) the final decision of the Board of Supervisors after the conclusion of
the August 15, 2023, public hearing on whether to implement the Assembly Bill (AB)
1265/Senate Bill (SB) 1353 provisions; and (b) the landowner’s right to prevent the
reduction in the term of his or her contract due to the implementation of the AB 1265/SB
1353 provisions by serving notice of non-renewal as specified by Government Code
sections 51244, 51245 and Shasta County Resolution No. 2011-103; and (4) direct the
County Administrative Office, Assessor-Recorder, Auditor-Controller, Tax Collector
and Director of Resource Management to take all necessary steps to implement AB
1265/SB 1353 including but not limited to recording a notice that states the affected
parcel numbers and current owner’s names, making the appropriate additions to all
affected properties assessed values, and modifying the FY 2023-24 tax bills to reflect the
assessment changes associated with the reduced tax benefit.

DEPARTMENT: County Administrative Office

SUPERVISORIAL DISTRICT #: All

DEPARTMENT CONTACT: Bryce Ritchie, Administrative Analyst, 530-225-5550

STAFF REPORT APPROVED BY: David J. Rickert, County Executive Officer

Vote Required? General Fund Impact?


Simple Majority Vote General Fund Impact

RECOMMENDATION
Take the following actions: (1) Conduct a public hearing to consider implementing, pursuant to subdivision (e) of Government
Code section 16142, the provisions authorized in Assembly Bill (AB) 1265 and Senate Bill (SB) 1353 and outlined in subdivision
(b) of Government Code section 51244 and section 51244.3 (AB 1265/SB 1353 provisions), which will have the following impacts
effective January 1, 2024: (a) reduce a landowner’s Williamson Act property tax benefits, which in most instances will result in an
increase in property taxes to the landowner; (b) reduce the term of a Williamson Act contract from ten years to nine years; and (c)
allow increased revenues to be transferred directly into the County’s General Fund; (2) adopt a resolution which: (a) finds that, for
Fiscal Year (FY) 2022-23, the subvention payment the County received from the State of California pursuant to the Open Space
Subvention Act was less than one-half of the County’s actual foregone General Fund property tax revenue that resulted from
Williamson Act contracts; and (b) states the Board’s decision to implement Government Code section 51244(b) and Government
Code section 51244.3 effective January 1, 2024; (3) direct staff to notify all Williamson Act contracted landowners of the following:
(a) the final decision of the Board of Supervisors after the conclusion of the August 29, 2023, public hearing on whether to
implement the AB 1265/SB 1353 provisions; and (b) the landowner’s right to prevent the reduction in the term of his or her contract
due to the implementation of the AB 1265/SB 1353 provisions by serving notice of non-renewal as specified by Government Code

Page 1
sections 51244, 51245 and Shasta County Resolution No. 2011-103; and (4) direct the County Administrative Office, Assessor-
Recorder, Auditor-Controller, Tax Collector and Director of Resource Management to take all necessary steps to implement AB
1265/SB 1353 including but not limited to recording a notice that states the affected parcel numbers and current owner’s names,
making the appropriate additions to all affected properties assessed values, and modifying the FY 2022-23 tax bills to reflect the
assessment changes associated with the reduced tax benefit.

DISCUSSION
Assembly Bill 1265 was enacted in 2011. It allows counties to offset a portion of their loss of Williamson Act related subvention
funds. The Board implemented the provisions of AB 1265 for the year 2012, which had the following impacts: (1) reduced a
landowner’s Williamson Act property tax benefits, which in most instances resulted in an increase in property taxes to the
landowner; (2) reduced the term of a Williamson Act contract from ten years to nine years; and (3) allowed increased revenues to
be transferred directly into the County’s General Fund. Additionally, if a landowner wanted to prevent the reduction in the term of
their Williamson Act contract with its reduced level of property tax benefits, the landowner had the option to non- renew the contract.
AB 1265 provides that a county will not modify or revalue a landowner’s contract unless the landowner is given at least 90 days’
notice of the opportunity to prevent the modification and revaluation by serving notice of non-renewal. Pursuant to Resolution 2011-
103, a landowner shall have at least 90 days’ notice of their opportunity to prevent the modification and revaluation by serving
timely notice of non-renewal of their Williamson Act before the contract’s annual renewal date. The Board has subsequently
implemented AB 1265 every year through 2023.

By its terms, AB 1265 was set to expire in 2016. However, SB 1353 removed the expiration date in 2015.

The issue now before the Board is the implementation of AB 1265 and SB 1353 for 2023. AB 1265/SB 1353 is a program that a
county can use when state subvention funding falls to less than half of the county's "actual foregone general fund property tax
revenue." In such a case, AB 1265/SB 1353 enables a county to shorten its ten-year Williamson Act contracts to nine years.
Landowners can "opt out" of this approach by non-renewing their Williamson Act contracts instead of accepting the shorter contract
terms. For landowners who accept the shorter term, the Assessor is required to make an addition to the assessed value that reflects
the shorter term. The addition is statutorily mandated (under AB 1265/SB 1353) to be 10% of the difference between; (a) the full
unrestricted value of the property under Proposition 13 or the market value, whichever is lower, and (b) the restricted value of the
property under the Williamson Act. As a result, for every dollar in property taxes a contracted landowner currently avoids by having
their land under contract, ten cents must be paid annually to the County. None of the additional revenues generated by AB 1265/SB
1353 are to be shared with the State or other government entities.

The implementation of the AB 1265/SB 1353 provisions requires a majority vote of the Board. Its implementation will be suspended
for any subsequent fiscal year in which the Williamson Act related subvention payment from the State for the previous fiscal year
exceeds one-half of the foregone general fund property tax revenue that resulted from Williamson Act contracts. For FY 2022-23,
Shasta County’s actual foregone general fund property tax revenue from Williamson Act contracts was $289,551. The County
received no monies from the State pursuant to the Open Space Subvention Act, which is less than one-half of the County’s actual
foregone general fund property tax revenue. If the Board decides to implement the AB 1265/SB 1353 provisions effective January
1, 2024, that decision only applies to 2024.

There are approximately 640 separate Assessor's Parcels in Shasta County subject to Williamson Act contracts. On August 10,
2023, landowner notices were mailed to all property owners of parcels restricted by a Williamson Act contract. The landowner list
was generated from the latest version of the Assessor's data base. As required, the notification included the scheduled public hearing
on August 29, 2023, at 9:00 a.m. (or as soon thereafter as may be heard) to consider adoption of the implementation of AB 1265/SB
1353 for 2023. The public hearing notice was published in the Record Searchlight on August 15, 2023. Following this public
hearing, should the Board decide to implement AB 1265/SB 1353, staff will once again mail out notifications as required, to inform
landowners of the final decision and their right to file a notice of non-renewal.

Should the County choose to implement the AB 1265/SB 1353 provisions for 2024, the landowner’s options are: (1) Accept the
new decreased 9-year term and associated 10% decrease in benefits; or (2) file a Notice of Non-renewal and accept the property tax
consequences of escalating assessed valuation over the remaining term of the contract. Non-renewal generally places a much higher
financial burden on local landowners as assessed values will gradually return to their full unrestricted Proposition 13 amounts. In
contrast, AB 1265 and SB 1353 allow landowners to retain 90% of the tax benefits that the Williamson Act currently affords them.
For most, if not all, landowners, accepting the 9-year term and associated decrease in benefits would be significantly less of a
financial burden than serving a notice of non-renewal.
Page 2
The AB 1265/SB 1353 provisions do not apply to the following: (a) contracts that have been non-renewed; (b) contracts with cities;
(c) open-space or agricultural easements; (d) scenic restrictions; (e) wildlife habitat contracts; (f) atypical term contracts, including,
but not limited to, 20-year initial term contracts declining to 10 years or re-encumbrances pursuant to Government Code Section
51295, if the county's board of supervisors determines the application of the AB 1265/SB 1353 provisions to them would be
inequitable or administratively infeasible.

If the AB 1265/SB 1353 provisions are implemented by the Board for 2024, the Assessor's Office will be required to make the
appropriate addition to the assessed values as of January 1, 2024, and the Auditor's Office and Tax Collector will be required to
modify the Fiscal Year 2022-23 tax bills to reflect the assessment changes. The Department of Resource Management and the
Assessor-Recorder's Office will process all notices of non-renewal that have been received. Additionally, AB 1265/SB 1353
[Government Code Section 51244 (b)(2)] requires that in any year in which AB 1265/SB 1353 is implemented, the County shall
record a notice that states the affected parcel number or numbers and current owner's names, or, alternatively, the same information
for those parcels that are not affected.

ALTERNATIVES
The Board may decline to implement the AB 1265/SB 1353 provisions for 2024.

OTHER AGENCY INVOLVEMENT


The County Administrative Office prepared the staff report and resolution. The Auditor and County Counsel have reviewed the
resolution and approved it as to form.

FISCAL IMPACT
Costs associated with implementing AB 1265/SB 1353 for 2024 will be funded with General Funds.

ATTACHMENTS:
1: Resolution 2011-103
2: AB 1265 Legislation
3: SB 1353 Legislation
4: Draft Resolution

Page 3
Bill Text - AB-1265 Local government: Williamson Act. Page 1 of 5

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AB-1265 Local government: Williamson Act. (2011-2012)

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Assembly Bill No. 1265

CHAPTER 90

An act to amend, repeal, and add Sections 16142, 16142.1, and 51244 of, to add Section 51244.4 to,
and to add and repeal Section 51244.3 of, the Government Code, relating to local government, and
declaring the urgency thereof, to take effect immediately.

[ Approved by Governor July 13, 2011. Filed with Secretary of State July 15, 2011. ]

LEGISLATIVE COUNSELʹS DIGEST

AB 1265, Nielsen. Local government: Williamson Act.

Existing law, the Williamson Act, authorizes a city or county to enter into 10-year contracts with owners of land
devoted to agricultural use, whereby the owners agree to continue using the property for that purpose, and the
city or county agrees to value the land accordingly for purposes of property taxation. Existing law sets forth
procedures for reimbursing cities and counties for property tax revenues not received as a result of these
contracts.

This bill would, beginning January 1, 2011, and until January 1, 2016, authorize a county, in any fiscal year in
which payments authorized for reimbursement to a county for lost revenue are less than1/2 of the participating
county’s actual foregone general fund property tax revenue, to revise the term for newly renewed and new
contracts and require the assessor to value the property, as specified, based on the revised contract term. The bill
would provide that a landowner may choose to nonrenew and begin the cancellation process. The bill would also
provide that any increased revenues generated by properties under a new contract shall be paid to the county.

This bill would declare that it is to take effect immediately as an urgency statute.

Vote: 2/3 Appropriation: no Fiscal Committee: yes Local Program: no

THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1. Section 16142 of the Government Code is amended to read:

16142. (a) The Secretary of the Natural Resources Agency shall direct the Controller to pay annually out of the
funds appropriated by Section 16140, to each eligible county, city, or city and county, the following amounts for
each acre of land within its regulatory jurisdiction that is assessed pursuant to Section 423, 423.3, 423.4, or
423.5, or 426 if it was previously assessed under Section 423.4, of the Revenue and Taxation Code:

(1) Five dollars ($5) for prime agricultural land, as defined in Section 51201.

(2) One dollar ($1) for all land, other than prime agricultural land, which is devoted to open-space uses of
statewide significance, as defined in Section 16143.

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(b) The amount per acre in paragraph (1) of subdivision (a) may be increased by the Secretary of the Natural
Resources Agency to a figure which would offset any savings due to a more restrictive determination by the
secretary as to what land is devoted to open-space use of statewide significance.

(c) The amount per acre in subdivision (a) shall only be paid for 10 years from the date that the land was first
assessed pursuant to Section 426 of the Revenue and Taxation Code, if it was previously assessed under Section
423.4 of that code.

(d) Notwithstanding any other provision of law, for the 2008–09 fiscal year and each fiscal year thereafter, the
Controller shall reduce, by 10 percent, any payment made pursuant to this section.

(e) Effective January 1, 2011, if the payment pursuant to this section for the previous fiscal year is less than one-
half of the participating county’s actual foregone general fund property tax revenue, the county may make a
determination to implement subdivision (b) of Section 51244 and Section 51244.3. The implementation of these
sections shall be suspended for any subsequent fiscal year in which the payment for the previous fiscal year
exceeds one-half of the foregone general fund property tax revenue.

For purposes of this subdivision, a county’s actual foregone property tax revenue shall be based on the county’s
respective share of the general property tax dollars as reflected in the most recent annual report issued by the
State Board of Equalization or 20 percent, whichever is higher.

(f) This section shall remain in effect only until January 1, 2016, and as of that date is repealed, unless a later
enacted statute, that is enacted before January 1, 2016, deletes or extends that date.

SEC. 2. Section 16142 is added to the Government Code, to read:

16142. (a) The Secretary of the Natural Resources Agency shall direct the Controller to pay annually out of the
funds appropriated by Section 16140, to each eligible county, city, or city and county, the following amounts for
each acre of land within its regulatory jurisdiction that is assessed pursuant to Section 423, 423.3, 423.4, or
423.5, or 426 if it was previously assessed under Section 423.4, of the Revenue and Taxation Code:

(1) Five dollars ($5) for prime agricultural land, as defined in Section 51201.

(2) One dollar ($1) for all land, other than prime agricultural land, which is devoted to open-space uses of
statewide significance, as defined in Section 16143.

(b) The amount per acre in paragraph (1) of subdivision (a) may be increased by the Secretary of the Natural
Resources Agency to a figure which would offset any savings due to a more restrictive determination by the
secretary as to what land is devoted to open-space use of statewide significance.

(c) The amount per acre in subdivision (a) shall only be paid for 10 years from the date that the land was first
assessed pursuant to Section 426 of the Revenue and Taxation Code, if it was previously assessed under Section
423.4 of that code.

(d) Notwithstanding any other law, for the 2008–09 fiscal year and each fiscal year thereafter, the Controller shall
reduce, by 10 percent, any payment made pursuant to this section.

(e) This section shall become operative on January 1, 2016.

SEC. 3. Section 16142.1 of the Government Code is amended to read:

16142.1. (a) In lieu of the payments made pursuant to Section 16142, in a county that has adopted farmland
security zones pursuant to Section 51296, the Secretary of the Natural Resources Agency shall direct the
Controller to pay annually out of the funds appropriated by Section 16140, to each eligible county, city, or city
and county, the following amount for each acre of land within its regulatory jurisdiction that is assessed pursuant
to Section 423.4 or 426 of the Revenue and Taxation Code, if it was previously assessed under Section 423.4 of
that code:

Eight dollars ($8) for land that is within, or within three miles of the boundaries of the sphere of influence of, each
incorporated city.

(b) The amount per acre in subdivision (a) shall only be paid for 10 years from the date that the land was first
assessed pursuant to Section 426 of the Revenue and Taxation Code, if it was previously assessed under Section
423.4 of that code. The appropriation authorized by this subdivision shall not exceed one hundred thousand
dollars ($100,000) per year until 2005.

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(c) Notwithstanding any other provision of law, for the 2008–09 fiscal year and each fiscal year thereafter, the
Controller shall reduce, by 10 percent, any payments made pursuant to this section.

(d) Effective January 1, 2011, if the payment pursuant to this section for the previous fiscal year is less than one-
half of the participating county’s actual foregone general fund property tax revenue, the county may make a
determination to implement subdivision (b) of Section 51244 and Section 51244.3. The implementation of these
sections shall be suspended for any subsequent fiscal year in which the payment for the previous fiscal year
exceeds one-half of the foregone general fund property tax revenue.

For purposes of this subdivision, a county’s actual foregone property tax revenue shall be based on the county’s
respective share of the general property tax dollars as reflected in the most recent annual report issued by the
State Board of Equalization or 20 percent, whichever is higher.

(e) This section shall remain in effect only until January 1, 2016, and as of that date is repealed, unless a later
enacted statute, that is enacted before January 1, 2016, deletes or extends that date.

SEC. 4. Section 16142.1 is added to the Government Code, to read:

16142.1. (a) In lieu of the payments made pursuant to Section 16142, in a county that has adopted farmland
security zones pursuant to Section 51296, the Secretary of the Natural Resources Agency shall direct the
Controller to pay annually out of the funds appropriated by Section 16140, to each eligible county, city, or city
and county, the following amount for each acre of land within its regulatory jurisdiction that is assessed pursuant
to Section 423.4 or 426 of the Revenue and Taxation Code, if it was previously assessed under Section 423.4 of
that code:

Eight dollars ($8) for land that is within, or within three miles of the boundaries of the sphere of influence of, each
incorporated city.

(b) The amount per acre in subdivision (a) shall only be paid for 10 years from the date that the land was first
assessed pursuant to Section 426 of the Revenue and Taxation Code, if it was previously assessed under Section
423.4 of that code. The appropriation authorized by this subdivision shall not exceed one hundred thousand
dollars ($100,000) per year until 2005.

(c) Notwithstanding any other law, for the 2008–09 fiscal year and each fiscal year thereafter, the Controller shall
reduce, by 10 percent, any payments made pursuant to this section.

(d) This section shall become operative on January 1, 2016.

SEC. 5. Section 51244 of the Government Code is amended to read:

51244. (a) Each contract shall be for an initial term of no less than 10 years. Each contract shall provide that on
the anniversary date of the contract or such other annual date as specified by the contract a year shall be added
automatically to the initial term unless notice of nonrenewal is given as provided in Section 51245.

(b) (1) If the county makes a determination pursuant to subdivision (e) of Section 16142 or subdivision (d) of
Section 16142.1, contracts shall be for a term of no less than nine years for contracts currently 10 years in length
or 18 years for contracts currently 20 years in length, as the case may be. For new contracts entered into during
a year in which this subdivision is in effect, the initial contract length shall be either 9 or 18 years. Each contract
shall provide, except in the initial year of the determination, that on the anniversary date of the contract or such
other annual date as specified by the contract, a year shall be added automatically to the initial term unless
notice of nonrenewal is given as provided in Section 51245.

In any subsequent year during the reduced term of contract in which increased revenue is not realized by the
county pursuant to Section 51244.3, two or three additional years shall be added to the contract on the next
anniversary date, as necessary, to restore the contract to its full 10-year or 20-year contract length.

(2) In any year in which this subdivision is implemented, the county shall record a notice that states the affected
parcel number or numbers and current owner’s names, or, alternatively, the same information for those parcels
that are not affected.

(3) An addition to the assessed value shall be conveyed to the auditor, consistent with the 10-percent reduction
in the length of the restriction, equal to 10 percent of the difference between the valuation pursuant to Section
423, 423.3, or 423.5 of the Revenue and Taxation Code, as applicable, and the valuation under subdivision (b) of
Section 51 or Section 110.1 of the Revenue and Taxation Code, whichever is lower. If the valuation under
subdivision (b) of Section 51 or Section 110.1 of the Revenue and Taxation Code is lower, the addition to the

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assessed value shall be zero. The increased amount of tax revenue that results from the decrease in restriction
shall be separately displayed on the taxpayer’s annual bill.

(4) A landowner may elect to serve notice of nonrenewal instead of accepting a 9-year or 18-year contract, as the
case may be. In that case, the additional assessed value shall not be added to the property as provided for in
paragraph (3).

For purposes of this subdivision, a landowner may serve notice of nonrenewal at any time. However, a landowner
who withdraws that notice prior to the effective date shall be subject to term modification and additional assessed
value. Once served and effective, a landowner nonrenewal notice may not be withdrawn except for cause and
with the consent of the county. A county may adopt amendments to its uniform rules to facilitate implementation
of this subdivision during the 2011–12 fiscal year, and thereafter as necessary.

(5) In addition to any other notice requirements, a county shall provide a landowner under contract with timely
written notice of all of the following:

(A) Any initial hearing by the county on a proposal to adopt or rescind the implementation of this subdivision.

(B) Any final decision regarding the adoption or rescission of implementation of this subdivision.

(C) The landowner’s right to prevent the reduction in the term of his or her contract pursuant to this subdivision
by serving notice of nonrenewal as specified by Section 51245. This notice may be combined with the county’s
notice in subparagraph (B).

(6) A county shall not modify or revalue a landowner’s contract pursuant to this subdivision unless the landowner
is given at least 90 days’ notice of the opportunity to prevent the modification and revaluation by serving notice
of nonrenewal and the landowner fails to serve notice of nonrenewal. The county may use the primary owner of
record from the assessment roll to identify landowners entitled to receive notice under this subdivision. A
landowner shall be advised of the landowner’s right to avoid continued imposition of this subdivision in any future
year and thereafter by serving a notice of nonrenewal for that contract year. Failure of the landowner to serve
timely notice of nonrenewal in any year shall be considered implied consent to the implementation of this
subdivision for that year.

The 90-day notice requirement may be reduced to 60 days if the county adopts a procedure to allow landowners
to serve a notice of nonrenewal until February 1, 2012.

(7) This subdivision shall not apply to any of the following:

(A) Contracts that have been nonrenewed.

(B) Contracts with cities.

(C) Open-space or agricultural easements.

(D) Scenic restrictions.

(E) Wildlife habitat contracts.

(F) Atypical term contracts, including, but not limited to, 20-year initial term contracts declining to 10 years, or
reencumbrances pursuant to Section 51295, if the county’s board of supervisors determines the application of this
subdivision to them would be inequitable or administratively infeasible.

(c) This section shall remain in effect only until January 1, 2016, and as of that date is repealed, unless a later
enacted statute, that is enacted before January 1, 2016, deletes or extends that date.

SEC. 6. Section 51244 is added to the Government Code, to read:

51244. (a) Each contract shall be for an initial term of no less than 10 years. Each contract shall provide that on
the anniversary date of the contract or such other annual date as specified by the contract a year shall be added
automatically to the initial term unless notice of nonrenewal is given as provided in Section 51245.

(b) This section shall become operative on January 1, 2016.

SEC. 7. Section 51244.3 is added to the Government Code, to read:

51244.3. (a) This section shall apply to properties under a 9-year or 18-year contract, as the case may be,
pursuant to subdivision (b) of Section 51244. Notwithstanding any other provision to the contrary, increased

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revenues generated by those properties shall be allocated exclusively to the respective counties in which those
properties are located.

(b) This section shall only apply if the county makes a determination pursuant to either Section 16142 or
16142.1.

(c) This section shall remain in effect only until January 1, 2016, and as of that date is repealed, unless a later
enacted statute, that is enacted before January 1, 2016, deletes or extends that date.

SEC. 8. Section 51244.4 is added to the Government Code, to read:

51244.4. Notwithstanding subdivision (c) of Section 51244.3, payments authorized until January 1, 2016, pursuant
to Section 16142, 16142.1, 51244, or 51244.3 may be collected after January 1, 2016.

SEC. 9. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or
safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts
constituting the necessity are:

County assessors in counties that participate in the Williamson Act need to be given certainty about the
administration of the program by July 1, 2011, in order to properly assess affected properties.

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SB-1353 Local government: Williamson Act. (2013-2014)

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Senate Bill No. 1353

CHAPTER 322

An act to amend Section 51244.3 of, to amend and repeal Sections 16142, 16142.1, and 51244 of, and
to repeal Section 51244.4 of, the Government Code, relating to local government.

[ Approved by Governor September 15, 2014. Filed with Secretary of State


September 15, 2014. ]

LEGISLATIVE COUNSELʹS DIGEST

SB 1353, Nielsen. Local government: Williamson Act.

Existing law, the Williamson Act, authorizes a city or county to enter into contracts with owners of land devoted to
agricultural use, whereby the owners agree to continue using the property for that purpose, and the city or
county agrees to value the land accordingly for purposes of property taxation. Existing law sets forth procedures
for reimbursing cities and counties for property tax revenues not received as a result of these contracts. Existing
law sets forth the term of these contracts at 10 or 20 years, except that until January 1, 2016, a county may, in
any fiscal year in which payments authorized for reimbursement to a county for lost revenue are less than 1/2 of
the participating county’s actual foregone general fund property tax revenue, revise the term for newly renewed
and new contracts to either 9 or 18 years. Existing law provides for an addition to the assessed value of
properties subject to contracts with a reduced term.

This bill would delete the January 1, 2016, date and thereby authorize a county to utilize the process for revising
or entering into contracts so as to specify 9-year or 18-year terms indefinitely. The bill would additionally
authorize a county to utilize that process for revising or entering into contracts for land subject to a farmland
security zone contract. The bill would also make conforming changes.

Vote: majority Appropriation: no Fiscal Committee: yes Local Program: no

THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1. Section 16142 of the Government Code, as amended by Section 1 of Chapter 90 of the Statutes of
2011, is amended to read:

16142. (a) The Secretary of the Natural Resources Agency shall direct the Controller to pay annually out of the
funds appropriated by Section 16140, to each eligible county, city, or city and county, the following amounts for
each acre of land within its regulatory jurisdiction that is assessed pursuant to Section 423, 423.3, 423.4, or
423.5, or Section 426 if it was previously assessed under Section 423.4, of the Revenue and Taxation Code:

(1) Five dollars ($5) for prime agricultural land, as defined in Section 51201.

(2) One dollar ($1) for all land, other than prime agricultural land, which is devoted to open-space uses of
statewide significance, as defined in Section 16143.

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(b) The amount per acre in paragraph (1) of subdivision (a) may be increased by the Secretary of the Natural
Resources Agency to a figure which would offset any savings due to a more restrictive determination by the
secretary as to what land is devoted to open-space use of statewide significance.

(c) The amount per acre in subdivision (a) shall only be paid for 10 years from the date that the land was first
assessed pursuant to Section 426 of the Revenue and Taxation Code, if it was previously assessed under Section
423.4 of that code.

(d) Notwithstanding any other provision of law, for the 2008–09 fiscal year and each fiscal year thereafter, the
Controller shall reduce, by 10 percent, any payment made pursuant to this section.

(e) Effective January 1, 2011, if the payment pursuant to this section for the previous fiscal year is less than one-
half of the participating county’s actual foregone general fund property tax revenue, the county may make a
determination to implement subdivision (b) of Section 51244 and Section 51244.3. The implementation of these
sections shall be suspended for any subsequent fiscal year in which the payment for the previous fiscal year
exceeds one-half of the foregone general fund property tax revenue.

For purposes of this subdivision, a county’s actual foregone property tax revenue shall be based on the county’s
respective share of the general property tax dollars as reflected in the most recent annual report issued by the
State Board of Equalization or 20 percent, whichever is higher.

SEC. 2. Section 16142 of the Government Code, as added by Section 2 of Chapter 90 of the Statutes of 2011, is
repealed.

SEC. 3. Section 16142.1 of the Government Code, as amended by Section 3 of Chapter 90 of the Statutes of
2011, is amended to read:

16142.1. (a) In lieu of the payments made pursuant to Section 16142, in a county that has adopted farmland
security zones pursuant to Section 51296, the Secretary of the Natural Resources Agency shall direct the
Controller to pay annually out of the funds appropriated by Section 16140, to each eligible county, city, or city
and county, the following amount for each acre of land within its regulatory jurisdiction that is assessed pursuant
to Section 423.4 or 426 of the Revenue and Taxation Code, if it was previously assessed under Section 423.4 of
that code:

Eight dollars ($8) for land that is within, or within three miles of the boundaries of the sphere of influence of, each
incorporated city.

(b) The amount per acre in subdivision (a) shall only be paid for 10 years from the date that the land was first
assessed pursuant to Section 426 of the Revenue and Taxation Code, if it was previously assessed under Section
423.4 of that code. The appropriation authorized by this subdivision shall not exceed one hundred thousand
dollars ($100,000) per year until 2005.

(c) Notwithstanding any other provision of law, for the 2008–09 fiscal year and each fiscal year thereafter, the
Controller shall reduce, by 10 percent, any payments made pursuant to this section.

(d) Effective January 1, 2011, if the payment pursuant to this section for the previous fiscal year is less than one-
half of the participating county’s actual foregone general fund property tax revenue, the county may make a
determination to implement subdivision (b) of Section 51244 and Section 51244.3. The implementation of these
sections shall be suspended for any subsequent fiscal year in which the payment for the previous fiscal year
exceeds one-half of the foregone general fund property tax revenue.

For purposes of this subdivision, a county’s actual foregone property tax revenue shall be based on the county’s
respective share of the general property tax dollars as reflected in the most recent annual report issued by the
State Board of Equalization or 20 percent, whichever is higher.

SEC. 4. Section 16142.1 of the Government Code, as added by Section 4 of Chapter 90 of the Statutes of 2011,
is repealed.

SEC. 5. Section 51244 of the Government Code, as amended by Section 5 of Chapter 90 of the Statutes of 2011,
is amended to read:

51244. (a) Each contract shall be for an initial term of no less than 10 years. Each contract shall provide that on
the anniversary date of the contract or such other annual date as specified by the contract a year shall be added
automatically to the initial term unless notice of nonrenewal is given as provided in Section 51245.

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(b) (1) If the county makes a determination pursuant to subdivision (e) of Section 16142 or subdivision (d) of
Section 16142.1, contracts shall be for a term of no less than 9 years for contracts currently 10 years in length or
18 years for contracts currently 20 years in length, as the case may be. For new contracts entered into during a
year in which this subdivision is in effect, the initial contract length shall be either 9 or 18 years. Each contract
shall provide, except in the initial year of the determination, that on the anniversary date of the contract or such
other annual date as specified by the contract, a year shall be added automatically to the initial term unless
notice of nonrenewal is given as provided in Section 51245.

In any subsequent year during the reduced term of contract in which increased revenue is not realized by the
county pursuant to Section 51244.3, 2 or 3 additional years shall be added to the contract on the next
anniversary date, as necessary, to restore the contract to its full 10-year or 20-year contract length.

(2) In any year in which this subdivision is implemented, the county shall record a notice that states the affected
parcel number or numbers and current owner’s names, or, alternatively, the same information for those parcels
that are not affected.

(3) An addition to the assessed value shall be conveyed to the auditor, consistent with the 10-percent reduction
in the length of the restriction, equal to 10 percent of the difference between the valuation pursuant to Section
423, 423.3, 423.4, or 423.5 of the Revenue and Taxation Code, as applicable, and the valuation under
subdivision (b) of Section 51 or Section 110.1 of the Revenue and Taxation Code, whichever is lower. If the
valuation under subdivision (b) of Section 51 or Section 110.1 of the Revenue and Taxation Code is lower, the
addition to the assessed value shall be zero. The increased amount of tax revenue that results from the decrease
in restriction shall be separately displayed on the taxpayer’s annual bill.

(4) A landowner may elect to serve notice of nonrenewal instead of accepting a 9-year or 18-year contract, as the
case may be. In that case, the additional assessed value shall not be added to the property as provided for in
paragraph (3).

For purposes of this subdivision, a landowner may serve notice of nonrenewal at any time. However, a landowner
who withdraws that notice prior to the effective date shall be subject to term modification and additional assessed
value. Once served and effective, a landowner nonrenewal notice may not be withdrawn except for cause and
with the consent of the county. A county may adopt amendments to its uniform rules to facilitate implementation
of this subdivision during the 2011–12 fiscal year, and thereafter as necessary.

(5) In addition to any other notice requirements, a county shall provide a landowner under contract with timely
written notice of all of the following:

(A) Any initial hearing by the county on a proposal to adopt or rescind the implementation of this subdivision.

(B) Any final decision regarding the adoption or rescission of implementation of this subdivision.

(C) The landowner’s right to prevent the reduction in the term of his or her contract pursuant to this subdivision
by serving notice of nonrenewal as specified by Section 51245. This notice may be combined with the county’s
notice in subparagraph (B).

(6) A county shall not modify or revalue a landowner’s contract pursuant to this subdivision unless the landowner
is given at least 90 days’ notice of the opportunity to prevent the modification and revaluation by serving notice
of nonrenewal and the landowner fails to serve notice of nonrenewal. The county may use the primary owner of
record from the assessment roll to identify landowners entitled to receive notice under this subdivision. A
landowner shall be advised of the landowner’s right to avoid continued imposition of this subdivision in any future
year and thereafter by serving a notice of nonrenewal for that contract year. Failure of the landowner to serve
timely notice of nonrenewal in any year shall be considered implied consent to the implementation of this
subdivision for that year.

The 90-day notice requirement may be reduced to 60 days if the county adopts a procedure to allow landowners
to serve a notice of nonrenewal until February 1, 2012.

(7) This subdivision shall not apply to any of the following:

(A) Contracts that have been nonrenewed.

(B) Contracts with cities.

(C) Open-space or agricultural easements.

(D) Scenic restrictions.

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(E) Wildlife habitat contracts.

(F) Atypical term contracts, including, but not limited to, 20-year initial term contracts declining to 10 years, or
reencumbrances pursuant to Section 51295, if the county’s board of supervisors determines the application of this
subdivision to them would be inequitable or administratively infeasible.

SEC. 6. Section 51244 of the Government Code, as added by Section 6 of Chapter 90 of the Statutes of 2011, is
repealed.

SEC. 7. Section 51244.3 of the Government Code is amended to read:

51244.3. (a) This section shall apply to properties under a 9-year or 18-year contract, as the case may be,
pursuant to subdivision (b) of Section 51244. Notwithstanding any other provision to the contrary, increased
revenues generated by those properties shall be allocated exclusively to the respective counties in which those
properties are located.

(b) This section shall only apply if the county makes a determination pursuant to either Section 16142 or
16142.1.

SEC. 8. Section 51244.4 of the Government Code is repealed.

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RESOLUTION NO. 2023-XXX

RESOLUTION OF THE BOARD OF SUPERVISORS


OF THE COUNTY OF SHASTA
IMPLEMENTING GOVERNMENT CODE SECTIONS 51244(b) AND 51244.3
EFFECTIVE JANUARY 1, 2024

WHEREAS, the California Land Conservation Act (the “Williamson Act”)


was enacted on July 14, 1965, to implement a variety of state farmland preservation
policies directed at discouraging the unnecessary and premature conversion of
farmland to other uses; and

WHEREAS, approximately 189,115 acres in Shasta County are presently


conserved by voluntary County and landowner participation in Williamson Act
contracts; and

WHEREAS, for decades the State has provided subvention funding to replace
the property tax revenues that participating jurisdictions like Shasta County lose as a
consequence of extending reduced assessments to the owners of contracted lands; and

WHEREAS, Shasta County received $0.00 in State subvention funding in Fiscal


Year 2022-23. The County’s actual foregone general fund property tax revenue for Fiscal
Year 2022-23 was $289,551. Accordingly, the County received less than one-half of the
County’s foregone general fund tax revenue; and

WHEREAS, Assembly Bill 1265 (Stats. 2011, c. 90)(“AB 1265”) is an effort


to provide a partial solution to the elimination of subvention funding; and

WHEREAS, Senate Bill 1353 removed the sunset date of January 1, 2016,
that was included in AB 1265 and otherwise maintained the provisions of AB 1265
related to Williamson Act contracts; and

WHEREAS, the purpose of this Resolution is to make certain findings and


take other actions necessary to formally implement AB 1265 and SB 1353 for the year
2024 effective January 1, 2024;

NOW THEREFORE, BE IT RESOLVED, the Shasta County Board of


Supervisors, State of California, hereby makes the following findings and
determinations for the year 2024:

1. The Board of Supervisors finds that during the prior Fiscal Year 2022-23
the payments received by the County pursuant to Government Code
Section 16142 amounted to less than one-half of the County’s actual
foregone general fund property tax revenue.
Resolution No. 2023-XXX
Page 2 of 2

2. The Board of Supervisors hereby implements Government Code Sections


51244(b) and 51244.3 for the year 2024 effective January 1, 2024.

3. The County Administrative Office and other County staff are authorized
to take such necessary and further actions as are appropriate to implement
this Resolution and carry out the intent of the Board of Supervisors.

BE IT FURTHER RESOLVED, that if any provisions of this Resolution or its


application to any person or circumstance is held invalid, the invalidity does not affect
other provisions or applications of this Resolution that can be given effect without
the invalid provision or application, and to this end the provisions of this Resolution
are severable.

DULY PASSED AND ADOPTED this 29th day of August, 2023, by the Board
of Supervisors of the County of Shasta by the following vote:

AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSE:

PATRICK JONES, CHAIR


Board of Supervisors,
County of Shasta
State of California

ATTEST:
DAVID J. RICKERT
Clerk of the Board of Supervisors

By
Deputy

Page 2 of 2

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