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detail below, shall consist of: (a) the PG&E Switchyard; (b) the Tie-Line Looping and Networking; (c) the Pittsburg Substation Upgrades; and (d) the Tesla Substation Upgrades a. PG&E Switchyard The Interconnection of the Tech Park Project requires the construction of a new 230 kV Gas Insulated Substation (“GIS”) switching substation (the “PG&E Switchyard”). The PG&E Switchyard will be located on the southeast side of the Tech Park Project site and will be looped and networked on the Pittsburg-Tesla #2 230 kV line near tower 001/011, adjacent to the Tech Park Project site. The PG&E Switchyard will be owned and operated by PG&E, but designed, constructed, and permitted by PPC, or its agent, pursuant to PG&E’s design standards and requirements and paid for by PPC as a Reliability Upgrade, under Section 8.1.2 of the TO Tariff. The PG&E Switchyard will consist of two 230 kV Bays in Breaker-And-A-Half (BAAH) configuration with an expansion capability, as requested by PG&E, to a total of four 230 kV Bays. The additional two will be reserved to address future load growth and developments in the area that will be served by PG&E’s Electric System or PPC’s Electric System, as applicable. For the Tech Park Project, and as further described in the FAS, the PG&E Switchyard will house six 230 kV breakers, two 230 kV buses, six high speed ground switches, and (tentatively) sixteen disconnects. Two Load-Tie Lines from the PG&E Switchyard (designated as Direct Assignment Facilities below) will be used to feed the 230 kV/34 kV transformers located at the PPC Substation (defined below). The PG&E Switchyard will house the necessary electrical equipment associated with protection, control, communication / information technology and automation requirements, consistent with Good Utility Practice. All relaying must include primary and secondary high-speed protection. Telemetry requirements for the PG&E Switchyard will be established in accordance with Good Utility Practice. b. Tie-Line Looping and Networking The PG&E Switchyard will be looped and networked on PG&E’s Pittsburg-Tesla #2 230 kV transmission line. For looping the PG&E Switchyard, PG&E’s 230 kV transmission line facilities in the
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vicinity of the PG&E Switchyard site will require upgrade. The upgrade will consist largely of modification of existing circuits to loop the PG&E Switchyard, the addition of two new conductor line segments, and the addition of necessary T-line structures. PG&E will install, own and operate the new conductor line segments to feed and loop the PG&E Switchyard. The minimum Summer Normal and Summer Emergency ratings for the new T-line segments shall be 684 MVA at 2 ft/sec wind speed. The Tie-Line Looping and Networking shall be installed, owned and operated by PG&E, and paid for by PPC as a Reliability Upgrades under Section 8.1.2 of the TO Tariff. c. Pittsburg Substation Upgrades The Pittsburg Substation Upgrades shall be installed, owned and operated by PG&E and paid for by PPC as a Reliability Upgrade under Section 8.1.2 of the TO Tariff. d. Tesla Substation Upgrades The Tesla Substation Upgrades shall be installed, owned and operated by PG&E and paid for by PPC as a Reliability Upgrade under Section 8.1.2 of the TO Tariff. 3. Direct Assignment Facilities The Interconnection of the Tech Park Project will require the construction of a transformer substation (the “PPC Substation”) that shall be constructed by PPC, or its agent, and owned by PPC. The Direct Assignment Facilities, which are described in more detail below, shall consist of the Load Tie Lines. a. Load Tie Lines The PPC Substation shall be connected to the PG&E Switchyard via two new 230 kV lines (the “Load Tie Lines”). PPC, or its agent, will engineer, procure, and construct the Load Tie Lines. Common CB 52-1 and 52-2 disconnect switches are required to protect the Load Tie Lines. The fault-interrupting equipment should be located to minimize the amount of third-party equipment protected by PG&E equipment. Each Load Tie Line shall be approximately 0.1 miles in length with 954 ACSR or equivalent conductors. Both Load Tie Line disconnects (89-1A and 89-2A) shall be the PCO (Points of Change of Ownership). The Load Tie Lines shall terminate at the 230 kV power circuit breakers with full fault
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interrupting capability at the third-party facility. Due to the short length for each Load Tie Line, PPC shall install a fully redundant line current differential protection scheme to protect the Load Tie Lines. 4. PPC Interconnection Facilities The PPC Interconnection Facilities, which are described in more detail below, shall have the following telemetry and power factor requirements: A. Telemetry Requirements Provide the following Telemetered Points Per TIH Section L2 for loads 1 MW or greater at the high side (POI) of PPC 230/38 kV Banks No. 1 and 2: MW, MVAR, KV and Breaker Status B. Power Factor Requirements Maintain 0.97 lagging to .99 leading power factor per CAISO Tariff.
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Figure 3: Overhead View to Customer Location
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5. Scope of Work a. Reliability Upgrades i. PG&E Switchyard • Install six (6) 230 kV circuit breakers with required disconnect switches for BAAH configuration • Install 6 High Speed Ground switches (Bus 1, Bus 2 and 4 lines) with 2 Bay PTC BAAH substation; depending on Operations desire to Interlock switching operations SEL-2411 can be used. To interlock 6 HS-GRD switches total six SEL-2411 relays required • Install fourteen (14) 230 kV CCVTs • Install Protection and Control (MPAC) inside GIS Enclosure • Install 2-Sets A/Set B 230 kV High Impedance Bus Differential • Install SMP relay package for breaker control (6 sets) • Install SMP Relays for two 230kV Source Lines (Set A & B SEL 411Ls) • Both Line protection schemes will be Line Current Differential (LCD) • Two (2) redundant and diverse communication channels between Pittsburg Substation and the PG&E Switchyard for LCD relays • Two (2) redundant and diverse communication channels between Telsa Substation and the PG&E Switchyard for LCD relays • Install SMP LCD Relays for the PPC’s 230 kV load lines (Set A & B SEL 411Ls) • Install two (2) redundant and diverse communication channels for LCD relays between the PG&E Switchyard and the PPC Substation • Properly size Switchyard enclosure and control room to accommodate future Switchyard diameters and control room relay panels for the ultimate 230 kV arrangement (4-Bay BAAH ultimate) • Install separate room inside the Switchyard enclosure to house Switchyard’s DC battery system ii. Tie Line Looping and Networking This work would consist of two new 230 kV transmission line segments to loop between PG&E’s existing Pittsburg-Tesla #2 230 kV line to the PG&E Switchyard. Each new line segment
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would consist of approximately 200 circuit- feet of aluminum concentric-stranded conductor supported on a new lattice steel tower. Tie Line Looping and Networking Assumptions: • The PG&E Switchyard will be oriented so that the new line segments can approach from the East. • Remove one existing suspension type 3G lattice steel tower. • Install one new dead-end type G94 lattice steel tower with tap arms. • Install eight new dead-end type SCH lattice steel towers. • Install approximately 400 circuit-feet of new conductor. iii. Pittsburg Substation Upgrade Pittsburg Substation Upgrade Assumptions: Pittsburg 230 kV Bus Section E MPAC building is on site and protection relays are ready for Pittsburg-Tesla #2 230 kV line terminal: • New Relay and Breaker controls to be installed in a new MPAC building (existing PG&E project) • Two (2) redundant and diverse communication channels currently exist between the Pittsburg Substation and the new PG&E Switchyard. • Reconfigure communication between the Pittsburg Substation and the new PG&E Switchyard as needed per Protection and IT requirements. • Connect relays for remote communications per automation requirements. iv. Tesla Substation Upgrade • CB2422/2522 Line Relays were recently upgraded to SMP standard in the new MPAC building recently installed. • Two (2) redundant and diverse communication channels currently do exist between the Telsa Substation and the Pittsburg Substation; IT will need to reconfigure the communications to route to the PG&E Switchyard. • Reconfigure IT communications between the Tesla Substation and the PG&E Switchyard as needed.
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b. Direct Assignment Facilities i. Load Tie 230 kV Line #1 PPC Substation: • Set A SEL 411L and SET B SEL 411L line current differential, step distance and directional ground overcurrent relays with the same firmware version as that installed at PPC transformer Bank 1 High side CB 52-1. • The communication medium outside the substation physical perimeter for SET A and Set B shall be designed to eliminate the risk of both protection devices being disabled simultaneously by a single event or condition. In addition, physical separation of the communication media shall be ten feet at a minimum (utilization of the same structure would have to be evaluated). In cases where constraints do not allow three feet separation, this distance may be reduced if a proposed alternative design can achieve comparable physical protection of the communication medium. Fibers coming to control building should enter the building from the opposite sides or be separated by at least ten feet. • SEL 451 for breaker control, as needed • Install SMP Current Differential line relay scheme on the customer tie line at PPC Bank 1 High side breaker CB 52-1. • Set A SEL 411L and SET B SEL 411L line current differential, step distance and directional ground overcurrent relays with the same firmware version as that installed at the PG&E Switchyard. • SEL 451 for breaker control, as needed. ii. Load Tie 230 kV Line #2 PPC Substation: Install SMP Current Differential line relay scheme on the PPC Load Tie Line from the PG&E Switchyard. • Set A SEL 411L and SET B SEL 411L line current differential, step distance and directional ground overcurrent relays with the same firmware version as that installed at PPC transformer Bank 2 High side CB 52-2. • The communication medium outside the substation physical perimeter for SET A and Set B shall be designed to eliminate the risk of both protection devices being disabled simultaneously by a single event or condition. In addition, physical separation of the communication media shall be ten feet at a minimum (utilization of the same structure would have to be evaluated). In cases where constraints do not allow three feet separation, this distance may be reduced if a proposed alternative design can achieve comparable physical protection of the communication medium. Fibers coming to control building should enter the building from the opposite sides or be separated by at least ten feet. • SEL 451 for breaker control, as needed.
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• Install SMP Current Differential line relay scheme on the customer tie line at PPC Bank 2 High side breaker CB 52-2. • Set A SEL 411L and SET B SEL 411L line current differential, step distance and directional ground overcurrent relays with the same firmware version as that installed at the PG&E Switchyard. • SEL 451 for breaker control, as needed. iii. Land Scope of Work: Land scope will be determined during detailed engineering. c. PPC Interconnection Facilities PPC will serve its retail load through two new 230/34 kV 100 MVA power transformers (one on each Load Tie Line), which shall be Delta connected on the PG&E side and Wye-Grounded on PPC’s side, consistent with Good Utility Practice. All protective devices and relays must be utility grade, fully redundant and PG&E approved consistent with Good Utility Practice, which approval shall not be unreasonably withheld or delayed. 6. Suspension of Work PPC reserves the right, upon written notice to PG&E, to suspend at any time all work by PPC and/or PG&E associated with the construction and installation of the Interconnection Facilities required under this Agreement with the condition that PG&E’s Electric System and PPC’s Electric System shall be left in a safe and reliable condition in accordance with Good Utility Practice and PG&E’s safety and reliability criteria. If PPC requests suspension of work by PG&E, prior to canceling or suspending any material, equipment or labor contract, PG&E shall obtain PPC’s prior authorization. If PPC requests suspension of work by PG&E required under this Agreement and has not requested PG&E to recommence the work required under this Agreement on or before the expiration of three (3) years following commencement of such suspension, this Agreement shall be deemed terminated. The three-year period shall begin on the date that PG&E commences with suspension of the work as requested by PPC.
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7. Permitting In order to establish PPC’s proposed Interconnection to serve the Tech Park Project, it is assumed that PPC will include the work scope for all Interconnection Facilities including Interconnection Facilities to be constructed by PPC, or its agent, and transferred to PG&E) in PPC’s environmental reports/applications submitted to the lead agency permitting projects to be located within the Tech Park Project (e.g., California Energy Commission or applicable local, state or federal permitting agency, such as the Bureau of Land Management), and that such agencies will review the potential environmental impacts associated with the work scope of the Interconnection Facilities in any environmental document issued. This may enable PG&E to proceed “exempt” from the CPUC’s permitting requirements or under an “expedited” PTC or CPCN, as described in CPUC General Order 133-E. However, depending on certain circumstances, the CPUC may still require PG&E to undergo a standard PTC or CPCN for the Reliability Upgrades work. PG&E may also be required to obtain other authorizations for work related to Reliability Upgrades to be installed and constructed by PG&E. 8. Testing Where it may be necessary to test protection equipment on PPC’s customers’ premises in the future, PPC shall cooperate with PG&E in gaining the right of ingress and egress to and from customers’ premises at all reasonable hours in order to perform testing of the protection equipment owned by PPC on transmission lines owned by PG&E. Testing shall be coordinated with and performed in the presence of a PPC representative. Any new electric extensions and connections, capacity upgrades to existing facilities, conduits, and substructures, and the maintenance of facilities, conduits, and substructures provided by PG&E under this Agreement shall be installed and made in accordance with fundamental design, installation, ownership, and maintenance provisions of Applicable Requirements and Good Utility Practice as defined in Sections 4.4 and 4.21, respectively, and as described in
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Sections 9, Principles of Interconnection, and 10, Operation and Maintenance Obligations, of this Agreement. 9. Cost Estimate Summary and Table A cost estimate summary and estimated time for constructing the Interconnection Facilities are provided below. It should be noted that these cost estimates do not include any costs related to land, permitting and IT modifications. The IT modifications scope and costs will be identified during detailed engineering. PPC shall be solely responsible for all costs associated with the design, procurement, construction, and commissioning of the Interconnection Facilities necessary to facilitate PPC’s request to interconnect to serve the Tech Park Project. If PG&E anticipates that its actual costs are expected to exceed the cost estimates stated below, as soon as reasonably practicable but in any event prior to incurring costs in excess of the cost estimates, PG&E shall provide a revised cost estimate and meet and confer with PPC for the purpose of reviewing and agreeing upon the revised cost estimate.
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Table 1. Cost Estimate Summary: Location Description Upgrades for Interconnection PPC location Scope at New Substation Transmission Line Upgrades Remote End Upgrades Estimated Total Cost for Interconnection with AACE Class 5 Contingency Estimated Duration in Months Party Responsible to Construct and/or Install Reliability Upgrade New Switching Station 2 Bay (4 bay ultimate) 230 kV GIS Switching Station $132.0M (sections 2.a and 5.a.i) $132.0M ($66M-$264M) 60 PPC, or its agent Reliability Upgrade Tie Line Loop Loop New GIS Switching Station into the Tesla-Pittsburg #2 230 kV line $7.0M (sections 2.b and 5.a.ii) $7.0M ($3.5M-$14M) 60 PG&E Direct Assignment Facilities Load Tie Lines to PPC
Load Tie Line connections to GIS Switching Station & overhead span to PPC, $0.2M (section 3.a) $0.2M ($100K-$400k) 60 PG&E and PPC, or its agent* Direct Assignment Facilities Load Tie Lines to PPC SMP LCD Relays, comm paths for each 230 kV Load Tie Line. $8.0M (sections 3.a, and 5.b.i and 5.b.ii) $8.0M ($4.0M-$16.0M) 60 PG&E and PPC, or its agent* Pittsburg Substation Reconfigure SMP LCD Relays with redundant communication paths $1.0M (sections 2.c, 5.a.iii) $1.0M ($500K-$2.0M) 36 PG&E
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* Parties note that, with respect to the indicated load tie lines, the intent is for PPC (or its agent) to design and procure the necessary equipment but that PG&E personnel will install and commission. Coordination on scope and cost to be mutually agreed during design.
Location Description Upgrades for Interconnection
PPC location Scope at New Substation Transmission Line Upgrades Remote End Upgrades Estimated Total Cost for Interconnection with AACE Class 5 Contingency Estimated Duration in Months Party Responsible to Construct and/or Install Tesla Substation Reconfigure SMP LCD Relays with redundant communication paths $1.0M (sections 2.d, 5.a.iv) $1.0M ($500K-$2.0M) 36 PG&E PPC Interconnection Facilities Customer Site (IF) Install Metering, EMS & SCADA $515k (sections 4 and 5.c) $515K ($257.5K-$1.03M) 24 PPC, or its agent Total Cost $149.715M ($74.86M-$299.43M)
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10. ITCC AND PAYMENT SCHEDULE PPC’s liability for the income tax component of contributions (“ITCC”) in connection with the transactions contemplated by this Agreement shall equal the product of (i) the gross income recognized by PG&E for U.S. federal income tax purposes with respect to the contributed Reliability Upgrades and Direct Assignment Facilities (together, the “Contributed Property Basis” as further defined below) multiplied by (ii) the “Gross-up Percentage” (as defined below). The “Gross-up Percentage” shall equal the tax factor determined in accordance with “method 5,” as set forth in CPUC Decision 87-09-026 for the year in which the Reliability Upgrades and Direct Assignment Facilities are actually contributed to PG&E as evidenced by the energization of the associated facilities (“Contribution Date”). The “Gross-up Percentage” shall be presumed to be the percentage set forth in PG&E’s electric tariffs accepted by the CPUC for taxable contributions in aid of construction (which percentage is currently, 24%). The “Contributed Property Basis” shall be determined on the basis of the actual capitalized costs as reasonably documented by PPC with regard to the scope to be contributed to PG&E. As of the Effective Date, the total estimated cost of $149,715,000 is subject to ITCC tax. PG&E has provided a total estimated cost of $10,200,000 for performing the work detailed in Table 1 above in the column labeled “Party Responsible to Construct and/or Install.” PPC will make installment payments as set forth below. A. Upon execution of this Agreement, PG&E shall invoice PPC, payable within thirty (30) days of receipt, for $150,000 to engage a project manager to perform the engineering scope contemplated in Table 1 and to cooperate with PPC or its agents on the scope of work under this Agreement. B. No earlier than thirty (30) days prior to the start of construction activities, such as the procurement of long lead time materials, PG&E shall invoice PPC, payable within thirty (30) days of receipt, for $10,050,000 to construct PG&E’s scope of work under this Agreement. C. On the Contribution Date, PG&E shall invoice PPC, payable within sixty (60) days of receipt, for the ITCC.
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The final cost to complete the work will be based on actual cost incurred. PG&E will provide PPC a record of actual costs incurred for performing PG&E’s scope of work within one hundred eighty (180) days after the work is completed. PG&E will invoice PPC the remaining balance if the actual cost incurred is higher than the estimated $10,200,000, provided that actual costs shall not deviate from the estimated costs more than 10% without the prior written consent of PPC. If the actual cost incurred is less than the estimated $10,200,000, PG&E will return the balance to PPC within thirty (30) days of such determination. Table 2. PAYMENT SCHEDULE Estimated Cost due to PG&E Estimated PPC Costs (including IC-Built Switching Station) – Subject to ITCC Total Estimated Direct Assignment and Reliability Network Upgrades Cost – Subject to ITCC Estimated Applicable ITCC (24% Current Rate) due upon Contribution Date Total Estimated Project Cost including ITCC
$10,200,000 $139,515,000 $149,715,000 $35,931,600 $185,646,600
11. Cost of Ownership Charges Cost of Ownership charges apply to Interconnection Facilities identified in this Appendix and listed in the table below. Cost of Ownership will be invoiced to PPC upon project completion and energization based on actual costs incurred. Table 3. Estimated Monthly Cost of Ownership: Direct Assignment Facilities Financed By: Application Base Current Percentage Rate PPC Estimated Cost of Direct Assignment Facilities installed by PG&E $8,200,000 x 0.61%/ mo. Estimated Monthly Cost of Ownership Charge $50,020/ month Estimated Equivalent of One Time Charge (in lieu of estimated monthly Cost of Ownership Charge) Check here if applicable $50,020/mo x 12 months x 14.73 (present worth factor) = $8,841,535.20
Combined Agency/City Council Minutes Page 1 of 4 March 2, 2026
CITY OF PITTSBURG
CITY COUNCIL/AGENCY CONCURRENT MEETING MINUTES
DATE: March 2, 2026
LOCATION: Council Chamber, City Hall, 65 Civic Avenue, Pittsburg, CA 94565
CITY COUNCIL/AGENCY MEMBERS
Dionne Adams, Mayor/Chair
Angelica Lopez, Vice-Mayor/Chair
Juan Antonio Banales, Council/Agency Member
Arlene Kobata, Council/Agency Member
Jelani Killings, Council/Agency Member
S.L. Floyd, Agency Member
Annie Hill Herring, Agency Member
APPOINTED OFFICIALS
Darin Gale, City Manager/Executive Director
Donna Mooney, City Attorney/Legal Counsel
Alice E. Evenson, City Clerk/Agency Secretary (elected) Nancy Parent, City Treasurer (elected)
Mayor Adams called the regular meeting to order at 7:00 P.M. in the Council Chamber at City Hall, 65 Civic Avenue Pittsburg, CA.
ROLL CALL
All Members were present.
PLEDGE OF ALLEGIANCE
Mayor Adams led the Pledge of Allegiance.
PRESENTATIONS
1. New Business Introductions
Mayor Adams noted for the record that this presentation would be pulled from the agenda, and there would be no presentation. She moved on to proclamations.
PROCLAMATIONS
2. Think Pittsburg – Lumpy’s Diner
3. Women’s History Month
4. Red Cross Month
Combined Agency/City Council Minutes Page 2 of 4 March 2, 2026
CITY MANAGER REPORTS/REMARKS
City Manager Gale provided comments regarding the MLK event hosted by Los Medanos Community College. He congratulated the award recipients as well as Kolette Simonton, Director of Recreation, who was a keynote speaker. Lastly, he thanked Public Works staff for all their hard work during the rain to ensure the community did not experience any floods.
PUBLIC COMMENTS
The following speakers provided comments in support of Arts Contra Costa County:
Ben Miyaji
Jenny Balisle
Alexander Finn
COMMITTEE REPORTS
Council Member Kobata attended the Life Enrichment Subcommittee meeting and the MCE Clean Energy meeting.
Council Member Banales attended the Finance Subcommittee meeting.
CONSIDERATION
5. Adoption of a City Council Resolution Amending the 2025-2028 Senior Executive Team Salary and Benefits Schedule
Before acting on the item, Mayor Adams read the following into the record as required by Senate Bill 707.
“Per Government Code Section 54953(d)(3)(A), for agenda item #5, it is recommended to amend the Senior Executive Team Salary & Benefits Schedule. Positions within this group are “At-Will” and serve at the pleasure and direction of the City Manager. The reco mmended action is to eliminate individual employment agreements and clarify City Council approved benefits for senior executives. The proposed changes to the Schedule include terms for cell phone and equipment allowances, work schedules, auto allowance, termination and severance pay, and a limited amendment to retiree medical. Additionally, in preparation for the recruitment of the Chief of Police, staff proposes to eliminate incentive pay and align salary within 5% of the labor market rate.”
On Motion by Member Killings, seconded by Member Banales and adopted unanimously.
CONFLICT OF INTEREST STATEMENT
There were no Conflict-of-Interest Statements.
Before voting on the consent calendar, Mayor Adams read the following into the record as required by Senate Bill 707.
“Per Government Code Section 54953(d)(3)(A) and in accordance with Title 2 of the California Code of Regulations, Section 570.5, for agenda item #11, it is recommended to amend the master pay schedule to include previously approved positions and compensatio n.
Amendments to the master pay schedule include modification to the Chief of Police salary range
Combined Agency/City Council Minutes Page 3 of 4 March 2, 2026 to a maximum of $26,121 per month; and the addition of the classification of Principal Civil Engineer with a salary range of $12,329 to $14,986 per month; and the addition of classification of Senior Utility Technician with a salary range of $12,118 to $14 ,729 per month. Existing positions allocated within those classifications will be adjusted during the following payroll period.
New positions will require City Council approval, which may be requested at a later date.”
Mayor Adams pulled Consent item #8 for discussion.
COMBINED CITY COUNCIL, PITTSBURG ARTS AND COMMUNITY FOUNDATION,
PITTSBURG POWER COMPANY, SOUTHWEST PITTSBURG GHAD II AND SUCCESSOR
AGENCY CONSENT CALENDAR
On Motion by Member Killings, seconded by Vice Mayor Lopez to approve the Consent Calendar Minus item # 8 and adopted unanimously.
6. Minutes of February 17, 2026
7. Receive and File the Treasurer’s Report for the Quarter Ending December 31, 2025
9. Adoption of a City Council Resolution Accepting Project 3022 – Riverview Park Fishing Pier Repairs as Complete, Appropriating Additional Funds, and Authorizing the City Engineer to File a Notice of Completion
10. Adoption of a City Council Resolution to Authorize the City Manager to Execute Municipal Pooling Authority Amended and Restated Joint Exercise of Powers Agreement for Providing Property, Workers’ Compensation, Public Liability and Other Insurance Coverages
11. Adoption of a City Council Resolution to Amend the Master Pay Schedule to Include Amendments to the Salary Schedule and Previously Approved Positions and Compensation
12. Adoption of Pittsburg Arts and Community Foundation and City Council Resolutions Authorizing the Executive Director/City Manager to Execute the Plaza Marina Assignment and Assumption Agreements, and Authorizing the Termination of the Master Lease Agreement for Plaza Marina
The following item was removed from the Consent Calendar for discussion.
8. Adoption of a City Council Resolution Authorizing the City Manager to Overfill up to Three Police Officer Positions with Police Trainees for up to Nine Months
On Motion by Vice Mayor Lopez, seconded by Member Banales and adopted unanimously.
COUNCIL REQUEST FOR FUTURE AGENDA ITEMS
There were no requests for future agenda items.
COUNCIL MEMBER REMARKS
Combined Agency/City Council Minutes Page 4 of 4 March 2, 2026 There were no Council Member remarks.
ADJOURNMENT
Mayor Adams closed the meeting in honor of Mary Erbez.
The meeting adjourned at 8:00 P.M. to March 16, 2026.
Respectfully submitted,
Alice E. Evenson, City Clerk
STAFF REPORT
MEETING DATE: March 16, 2026
TO: Mayor and Council Members
FROM: Darin E. Gale‚ City Manager
John Samuelson, Public Works Director/City Engineer
Jolan Longway, Development Services Supervisor
SUBJECT: Adoption of a City Council Resolution Authorizing an Agreement with Delta Diablo Sanitation for Contra Costa Clean Water Program Inspection Activities
EXECUTIVE SUMMARY
The City Council is requested to approve the attached Resolution, which allows the Delta Diablo Sanitation District (Inspection Agency) to perform program-related inspection and illicit discharge control activities related to the Joint Municipal National Pollutant Discharge Elimination System (NPDES) permit on behalf of the City of Pittsburg.
FISCAL IMPACT
NPDES funds that come from a special stormwater assessment described in the Stormwater Utility Area (SUA) Agreement approved on July 7, 2003 by the City Council will continue to fund the inspection and illicit discharge control activities.
RECOMMENDATION
Adopt the attached Resolution approving the Contra Costa Clean Water Program’s Inspection Activities Agreement (Inspection Agreement) among Contra Costa County Flood Control and Water Conservation District, Delta Diablo Sanitation District, and the City of Pittsburg (City).
BACKGROUND
The County of Contra Costa, the Contra Costa County Flood Control and Water
Conservation District (DISTRICT), and nineteen (19) cities and towns in Contra Costa County have joined to form the Contra Costa Clean Water Program (Program). The Program, and other governmental entities, has been required by the Federal Government and San Francisco Bay and Central Valley Regional Water Quality Control Boards to participate in the development and implementation of a Joint Municipal National Pollutant Discharge Elimination System (NPDES) permit for stormwater discharges.
The members of the Program hold joint National Pollutant Discharge Elimination System (NPDES) Stormwater Permits (Nos. CAS612008 and CAS0085324) issued by the San Francisco Bay and Central Valley Regional Water Quality Control Boards, respectively.
The NPDES Permits require the inspection of industrial and commercial facilities and the control of illicit discharge activities. On July 7, 2003, the District and the City entered into an agreement entitled “Stormwater Utility Area Agreement between the Contra Costa County Flood Control and Water Conservation District and the City of Pittsburg”, which provides for the imposition, collection, and administration of Stormwater Utility Assessments for the funding of NPDES Permit activities.
SUBCOMMITTEE FINDINGS
This item was not presented to a subcommittee.
STAFF ANALYSIS
Participation in this joint inspection program has proven to be successful and efficient for the City to accomplish the required inspections of industrial and commercial businesses in accordance with the permit provisions. Staff believes it is in the best interest of the City to continue participation in this joint inspection program. The Inspection Agreement has recently been revised to reflect changes in the reissued NPDES permits, to modify the procedure for formal enforcement actions, and to revise the scope of the indemnification provisions. Amendment of the SUA Agreement is necessary to provide the District with additional authority to revise the Inspection Agreement and to continue administering the joint inspection program, as revised.
The District, Inspection Agency, and the City, as well as other program members and sanitation districts, previously entered into a prior inspection agreement dated October 26, 2009. This Inspection Agreement supersedes and replaces the 2009 Inspection Agreement, previously approved by City Council with Resolution 09-11362.
ATTACHMENTS: Resolution
Inspection Agreement
BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG
In the Matter of:
Authorizing City Manager to Execute )
Agreement with Delta Diablo Sanitation ) RESOLUTION NO. 26- For Contra Costa Clean Water Program )
Activities )
WHEREAS, the County of Contra Costa, the Contra Costa County Flood Control and Water Conservation District (DISTRICT), and nineteen (19) cities and towns in Contra Costa County have joined to form the Contra Costa Clean Water Program (Program); and
WHEREAS, the members of the Program hold joint National Pollutant Discharge Elimination System (NPDES) Stormwater Permits (Nos. CAS612008 and CAS0085324) issued by the San Francisco Bay and Central Valley Regional Water Quality Control Boards, respectively; and
WHEREAS, the NPDES Permits require the inspection of industrial and commercial facilities and the control of illicit discharge activities. Delta Diablo Sanitation currently performs program related inspection and illicit discharge control activities related to the Joint Municipal National Pollutant Discharge Elimination System (NPDES) permit on behalf of the City; and
WHEREAS, the Inspection Agreement has recently been revised to reflect changes in the reissued NPDES permit that was effective July 1, 2023 modifying the procedure for formal enforcement actions, and revising the scope of the indemnification provisions.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pittsburg authorizes the City Manager to execute the agreement with Delta Diablo Sanitation for Contra Costa Clean Water Program Activities.
PASSED, AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 16th day of March 2026 by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
___________________
Dionne Adams, Mayor
ATTEST:
_______________________
Alice E. Evenson, City Clerk
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13074-0002\2995219v6.doc
4876-1651-9399 v3
CONTRA COSTA CLEAN WATER PROGRAM
INSPECTION ACTIVITIES AGREEMENT
AMONG
CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT,
DELTA DIABLO SANITATION,
AND THE CITY OF PITTSBURG
This Contra Costa Clean Water Program Inspection Activities Agreement ("Agreement"), is entered into as of _____________, 2026 (“Effective Date”), by and among the Contra Costa County Flood Control and Water Conservation District ("District"), the Delta Diablo Sanitation (“Inspection Agency”), and the City of Pittsburg (“City”). The District, the Inspection Agency, and the City are sometimes referred to herein together as the “Parties,” and each individually as a “Party.”
RECITALS
A. The County of Contra Costa ("County"), the District, and the 19 incorporated cities and towns in the County have joined together to form the Contra Costa Clean Water Program (the "Program"), pursuant to the Contra Costa Clean Water Program Agreement, dated July 1, 2010, and as amended from time to time (the "Program Agreement"). The parties to the Program Agreement are the County, the District, and the cities of Antioch, Brentwood, Clayton, Concord, Danville, El Cerrito, Hercules, Lafayette, Martinez, Moraga, Oakley, Orinda, Pinole, Pittsburg, Pleasant Hill, Richmond, San Pablo, San Ramon and Walnut Creek (the "Program Members").
B. Through the Program, the Program Members jointly implement some of their obligations under the Municipal Regional Stormwater NPDES Permit, NPDES Permit No. CAS612008, as may be amended or re-issued from time to time (“Municipal Regional Permit”). The San Francisco Regional Water Quality Control Board (“Regional Board”) most recently re-issued the Municipal Regional Permit on May 11, 2022.
C. District provides administrative support services to the Program, including collecting and distributing funds that pay for Program responsibilities under the Municipal Regional Permit.
D. The Municipal Regional Permit requires Program Members, which operate municipal separate storm sewer systems (MS4s), to effectively prohibit the discharge of non-stormwater into storm drain systems and watercourses.
E. Among other things, the Municipal Regional Permit requires the Program Members to conduct inspections of certain industrial and commercial businesses, as specified in Provision C.4 of the Municipal Regional Permit, and illicit discharge control activities, as specified in Provision C.5. of the Municipal Regional Permit, as those provisions may be amended from time to time in the Municipal Regional Permit (collectively, the “MS4 Inspections”). MS4 Inspections include, but are not limited, to inspection, investigation, reporting, and related obligations under the Municipal Regional Permit and as further directed by District.
F. The Municipal Regional Permit directs Program Members to effectively prohibit all non-stormwater discharges (i.e., materials other than stormwater) into municipal storm drains and creeks; conduct inspections of industrial and commercial stormwater facilities; control illicit discharges by conducting field surveys of the storm drainage conveyance system and identifying and eliminating the sources of non-stormwater discharges; and prohibit illicit connections and discharges resulting from inappropriate or illegal processes, activities, or housekeeping practices. The MS4 Inspections, carried out by the Inspection Agency on behalf of the City, further the City’s compliance with the Municipal Regional Permit.
G. Independent of City’s obligations under the Municipal Regional Permit, Inspection Agency also conducts inspections of certain industrial and commercial businesses as part of its wastewater regulatory obligations (“Wastewater Inspections”). District, Inspection Agency, and City believe that efficiencies can be achieved by having Inspection Agency conduct MS4 Inspections on behalf of City concurrently with Inspection Agency’s Wastewater Inspections, which benefit the Parties and
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regulated businesses. Inspection Agency desires to provide MS4 Inspections on behalf of the City under the terms set forth herein
H. District, Inspection Agency, and City, as well as the other Program Members and sanitation districts previously entered into a prior inspection agreement dated October 26, 2009 (“2009 Agreement”).
This Agreement supersedes and replaces the 2009 Agreement.
AGREEMENT
NOW, THEREFORE, for good and valuable consideration, the sufficiency of which is hereby acknowledged, the Parties to this Agreement agree as follows:
1. Term. The term of this Agreement begins on the Effective Date, and this Agreement shall remain in effect until it is terminated pursuant to Section 2 below. Commencing on the Effective Date, the 2009 Agreement is terminated and superseded by this Agreement and is no longer of any force or effect.
2. Termination.
A. Inspection Agency Termination. Inspection Agency, at its sole discretion, may terminate this Agreement by giving written notice to District and City at least 180 days prior to the effective date of the termination.
B. District Termination. District, at its sole discretion, may terminate this Agreement by giving written notice to Inspection Agency and City at least 180 days prior to the effective date of the termination. Notwithstanding the foregoing, District may terminate this Agreement by giving written notice to Inspection Agency and City at least 30 days prior to the effective date of the termination if City is in breach of the Stormwater Utility Area Agreement described in Section 3.
C. City Termination. City, at its sole discretion, may terminate this Agreement by giving written notice to Inspection Agency and District at least 90 days prior to the effective date of the termination.
Alternatively, City may temporarily suspend receiving MS4 Inspections by Inspection Agency pursuant to this Agreement, at its sole discretion, upon giving the District and Inspection Agency at least 90 days written notice. In the event that City suspends receiving MS4 Inspections, such suspension shall not affect enforcement activities relating to any MS4 Inspection initiated prior to the suspension. Inspection Agency shall be compensated for such work.
D. Mutual Termination. This Agreement may be terminated by mutual written agreement of the District, Inspection Agency, and City.
E. Effect of Termination. Upon the effective date of any termination of this Agreement, Inspection Agency shall cease performing MS4 Inspections. District shall compensate Inspection Agency for all services performed prior to such effective date in accordance with Section 8. If the Inspection Agency is in default upon the effective date of any termination of this Agreement, then District shall compensate Inspection Agency for services not affected by the default. Inspection Agency and City shall meet and confer about responsibility for any previously initiated code enforcement actions or reports that are then in the process of being drafted. Inspection Agency shall continue to prosecute such actions and prepare such reports until City assumes responsibility. Inspection Agency shall be compensated for such work.
3. Stormwater Utility Area Agreement. City has executed a separate Stormwater Utility Area Agreement with the District that, among other things, provides for the invoicing from, and payment to, Inspection Agency for MS4 Inspection costs on behalf of City.
4. Responsibilities of Inspection Agency. On behalf of City, Inspection Agency will perform all the following services in accordance with the Municipal Regional Permit and applicable laws and regulations:
A. Conduct MS4 Inspections, including illicit discharge control inspection activities, of industrial and commercial facilities and the exterior of residential properties to determine the regulated facility’s compliance with the Municipal Regional Permit and applicable law. MS4 Inspections may have an
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educational component, as directed by District. The location and frequency (i.e., bi-annual, annual, semi- annual, etc.) of an inspection, investigation, or educational effort shall be at the direction of District, as approved by the City, and shall take place between 7:30 a.m. and 4:00 p.m. Pacific Standard Time, Monday through Friday, excluding holidays ("Normal Working Hours").
B. Perform MS4 Inspections outside of Normal Working Hours if mutually agreed to by District, City, and Inspection Agency or if directed by District due to an emergency. In the event of an emergency, Inspection Agency will be compensated for any applicable overtime pay actually incurred by Inspection Agency.
C. Prepare inspection and investigation reports for each MS4 Inspection.
D. Issue notices of violation, warning notices, and compliance orders (collectively, “Corrective Orders”) to owners or operators of regulated facilities on behalf of City where Inspection Agency determines that violations or potential violations of the Municipal Regional Permit or applicable laws or regulations have occurred or may occur. City hereby delegates to Inspection Agency authority to issue Corrective Orders on its behalf in connection with MS4 Inspections. For the avoidance of doubt, City retains the authority to issue Corrective Orders, provided such Corrective Orders are not duplicative of Corrective Orders issued by Inspection Agency. Inspection Agency has developed, or shall develop, a standardized approach to recommending and documenting corrective actions taken by operators of regulated facilities in order to address a Corrective Order issued by Inspection Agency. Inspection Agency shall promptly notify City and District’s representatives identified in Section 7 of any Corrective Order issued by Inspection Agency, by email at the address below, by the close of the business day following the date of issuance.
E. Inspection Agency will cooperate with City if City elects to utilize its civil or criminal code enforcement authority to address a Corrective Order directly with the owner or operator of a regulated facility.
Such cooperation includes documentation of violations, preparation of documents for use in complaints and at hearings, and assistance in hearing preparation (i.e., preparing declarations, interviews with legal counsel, etc.) and presentation (i.e., provision of witness testimony as requested). If Inspection Agency’s performance of such enforcement services would result in an unreasonable expenditure of resources, then Inspection Agency will notify City and District, and Inspection Agency’s further involvement in such enforcement services shall be agreed upon by the Parties.
F. At the Direction of City, Inspection Agency will also refer Corrective Orders and related investigations and reports to appropriate enforcing entities, such as the District Attorney.
G. Retain all records relating to inspection activities and completed investigations through the latest of: the term of this Agreement, three years in accordance with City’s retention schedule, or the retention period set forth in the Municipal Regional Permit, whichever is longer, as evidence of City’s compliance with the Municipal Regional Permit. These records shall become property of City upon termination of this Agreement, at which time Inspection Agency shall promptly deliver them to City. These records shall be made available for inspection by City or District during normal business hours.
H. Train, supervise and manage its staff and contractors necessary to conduct MS4 Inspections in a consistent and lawful manner.
I. Provide advice and comments to District regarding District's preparation of educational materials for distribution to owners and operators of regulated facilities and the public. Inspection Agency shall also provide advice and comments to District regarding the Contra Costa County Green Business Program, as requested by District.
J. Provide comments to City and District regarding ordinances and policies necessary to conduct MS4 Inspections and carry out enforcement activities.
K. Purchase, operate, and maintain, at Inspection Agency’s own cost, all equipment necessary to conduct MS4 Inspections. Such capital and maintenance costs may be invoiced to District pursuant to Section 8 of this Agreement if the equipment is solely intended for MS4 Inspections and not Wastewater Inspections.
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L. Provide quarterly reports to District, which describe all MS4 Inspections and Corrective Orders during the prior quarter, concurrently with the quarterly invoices specified in Section 8.C below. The final report of the fiscal year (fourth quarter) will include a status report to City of Corrective Orders initiated by Inspection Agency by owner or operator name. The final report will also include a hard or electronic copy of the Inspection Agency’s databases of regulated facilities.
M. Utilize reasonable efforts to conduct MS4 Inspections fairly and in a uniform manner.
N. In accordance with Section 8.D below, provide an annual fiscal year budget to District that estimates the cost of performing the MS4 Inspections and other requirements of this Section 4 (“Annual Budget”).
5. Responsibilities of District. District will perform the following services in accordance with the Municipal Regional Permit and applicable laws and regulations:
A. Recommend revisions to City’s ordinances and regulations, as may be necessary, to allow Inspection Agency to lawfully perform MS4 Inspections and issue Corrective Orders.
B. Authorize and prioritize inspections and investigations, with direction from City and Inspection Agency.
C. Provide timely input on the scope of the next fiscal year’s MS4 Inspections during Inspection Agency’s budget process and approve Inspection Agency’s Annual Budget in accordance with Section 8.D.
D. Reimburse Inspection Agency for authorized costs in accordance with Section 8.
E. Recommend remedial actions to City and Inspection Agency in order to correct an owner or operator’s violation of the Municipal Regional Permit or other applicable laws.
F. Provide educational materials for distribution to owners and operators of regulated facilities and the public.
G. Provide comments to Inspection Agency regarding the format of MS4 Inspections, Corrective Orders, and reports.
H. Perform other responsibilities as agreed to in writing between the District, Inspection Agency, and City.
I. Notify City of issues affecting its compliance with the Municipal Regional Permit in a timely manner.
J. Provide City with quarterly reports regarding MS4 Inspections and budget summaries.
6. Responsibilities of City. City will perform the following obligations in accordance with the Municipal Regional Permit and applicable laws and regulations:
A. Provide Inspection Agency with a current roster, and future updates to that roster, of employees responsible for carrying out the stormwater program and related enforcement activities, including phone numbers and email addresses.
B. In accordance with Section 4.E., provide direction to Inspection Agency regarding enforcement actions.
C. Cooperate with City and District to carry out their respective obligations under this Agreement.
7. Agency Representative. Each Party shall designate in writing to each other an MS4 Inspections program coordinator and an alternate coordinator. The purpose of designating an MS4
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Inspections program coordinator is to facilitate communication between the Parties. Each Party shall direct matters such as complaints, claims, legal challenges, and other disputes regarding the MS4 Inspections to its MS4 Inspections program coordinator who will transmit the matter to the District for resolution.
8. Financial.
A. District shall reimburse Inspection Agency for all authorized expenditures in furtherance of its obligations under Section 4 above, including the Inspection Agency’s actual costs for performing inspections and related administrative activities. The costs eligible for reimbursement include, but are not necessarily limited to, labor, benefits, overhead, supplies, equipment, vehicle, laboratory, consultant, and legal fees and costs. However, Inspection Agency, as practicable, shall promptly notify the District if it believes that legal costs will be incurred in connection with the MS4 Inspections or Corrective Orders so that the Parties may reach an agreement regarding the cost of legal services, if desired. Inspection Agency shall not mark up any costs it incurs in providing any of the required services in the invoice.
B. Inspection Agency’s labor costs shall be itemized at base cost per individual for time spent plus an overhead multiplier for benefits, administrative overhead, supplies, equipment and insurance.
Inspection Agency’s overhead multiplier for the following fiscal year shall be submitted to the District as part of Inspection Agency’s Annual Budget and approved by District annually.
C. Inspection Agency shall submit quarterly invoices to the District for services performed under Section 4 of this Agreement. Each invoice shall include an itemized accounting of the total cost of all services performed under Section 4. Inspection Agency shall submit each quarterly invoice according to the following schedule for each fiscal year (each July 1-June 30): (i) First Quarter (July 1-Sept. 30) – by October 31; (ii) Second Quarter (Oct. 1-Dec. 31) – by January 31; (iii) Third Quarter (Jan. 1-Mar. 31) – by April 30; and (iv) Fourth Quarter (Apr. 1-June 30) – by July 31. District will pay each undisputed invoice within 45 days of receipt. In the event that District disputes the amounts stated on any invoice, within 30 days District shall submit to Inspection Agency a written notice of dispute and the basis for the dispute. The Parties shall endeavor to resolve any such disputes within a reasonable time after District’s receipt of a notice of dispute.
Any dispute that is not resolved within five (5) business days shall be referred to the Parties’ respective managers for resolution.
D. Prior to the beginning of each fiscal year, District shall approve Inspection Agency’s Annual Budget. City shall also review and approve the Annual Budget prior to District’s final approval.
Discussions for the annual budget shall begin in January prior to the upcoming fiscal year. Inspection Agency shall submit its Annual Budget by March 31st of each year and District shall act on such Annual Budget by April 30th of each year. If District does not approve the Inspection Agency’s budget by April 30th, then Inspection Agency may terminate this Agreement in accordance with Section 2.B., except that such termination shall take effect as of July 1st of such year. Inspection Agency shall not exceed its City and District-approved written Annual Budget without first obtaining advance written approval of City and District.
9. Insurance. During the term of this Agreement, Inspection Agency shall carry insurance in the amounts, and in accordance with the provisions, set forth in Exhibit A.
10. Indemnification.
A. District Indemnity. District shall indemnify, defend and hold harmless Inspection Agency and City and each of them and their elected officials, officers, directors, agents, and employees from and against all suits, actions, legal or administrative proceedings, claims, demands, damages, consequential damages, liabilities, and expenses (collectively “Claims”) that arise out of or relate to the District's willful misconduct or the negligent acts, errors or omissions of the District in the performance of this Agreement, except that City shall be solely liable for any fines resulting from its sole violations of the Municipal Regional Permit.
B. Inspection Agency Indemnity. Inspection Agency shall indemnify, defend and hold harmless District and City, and their respective elected officials, officers, directors, agents and employees from and against all Claims that arise out of or relate to Inspection Agency's willful misconduct or the negligent acts or errors or omissions in the performance of its obligations under this Agreement, inclusive of Claims involving search and seizure without required warrants (except in those situations where Inspection
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Agency has reasonably relied on City’s determination or representation as to whether a warrant is required), and trespassing (except in those situations where Inspection Agency has reasonably relied on City’s representation as to whether consent has been obtained), except that City shall be solely liable for any fines resulting from its violations of the Municipal Regional Permit.
C. City Indemnity. City shall indemnify, defend and hold harmless the Inspection Agency and District and each of them and their officers, directors, agents, and employees from and against all Claims that arise out of or relate to the City’s willful misconduct or the negligent acts, errors or omissions of the City in the performance of this Agreement. City shall also indemnify, defend and hold harmless Inspection Agency, and their respective officers, directors, agents, and employees from and against all Claims which are not covered by Section 10.B, inclusive of those that are based on the constitutionality or legality of the MS4 Inspection program and the rules and regulations it is intended to enforce, inverse condemnation claims and petitions for writ of mandate.
D. Survival. The obligations in this Section 10 shall survive the termination or expiration of this Agreement.
11. Notices. Notices required or permitted under this Agreement shall be in writing and personally delivered, sent by overnight carrier with delivery charges prepaid for next day delivery, or sent by First Class U.S. Mail with postage prepaid, and addressed as follows:
If to District, to:
If to Inspection Agency, to:
If to City, to: Jolan Longway
Development Services Supervisor
City of Pittsburg
65 Civic Avenue
Pittsburg, CA 94565
A notice shall be deemed given on the same day it is personally delivered, on the business day following the date it is deposited with an overnight carrier for next day delivery, and on the third day after the postmark date if it is sent by First Class U.S. Mail. A courtesy copy of any notice may be sent concurrently by email, but emailing a courtesy copy of any notice does not substitute for providing notice in accordance with this section. A Party may change its address for notices by providing written notice to the other Parties in accordance with this section at least five days before the new address becomes effective.
12. Dispute Resolution. In the event of a dispute arising under this Agreement, the Parties may jointly agree to submit the dispute to mediation before an agreed-upon mediator. If the Parties cannot agree to a mediator within 30 days after a Party makes a written request for mediation to the other Parties, a mediator may be selected by petition of any Party to the Superior Court of the County of Contra Costa. Each Party shall be responsible for paying a proportional share of the fees and expenses incurred in connection with any mediation. Each Party shall pay its own costs, expenses, and attorney’s fees incurred in connection with any mediation under this section.
13. Audits. During the term of this Agreement, and for three years following its expiration or termination, in order to make audits each Party shall have the right to access any other Party’s books, documents, papers, and other records related to the performance of this Agreement. If any Party requests copies of another Party’s records pertinent to the performance of this Agreement, copies of those records shall be delivered to the requesting Party within 30 days following a request for such records. The requirements of this Section shall survive for three years following the expiration or termination of this Agreement.
14. Amendments. This Agreement may only be amended by written mutual agreement of all Parties hereto.
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15. Governing Law. This Agreement is made and will be performed in the State of California, County of Contra Costa, and is governed by California law.
16. Severability. If any one or more of the terms, provisions, promises, covenants, or conditions of this Agreement are, to any extent, adjudged invalid, unenforceable, void, or voidable for any reason whatsoever by a court of competent jurisdiction, each and all of the remaining terms, provisions, priorities, covenants, and conditions of this Agreement shall not be affected and shall be valid and enforceable to the fullest extent permitted by law.
17. Assignment. No Party may assign any of its right, title, or interest under this Agreement without the prior written consent of the other Parties hereto. Any purported assignment of any Party’s rights under this Agreement without the prior written consent of the other Parties shall be deemed void and without effect.
18. Entire Agreement; Construction. This Agreement contains the entire agreement among the Parties and all prior understandings or agreements, oral or written, regarding this matter are superseded. The section headings and captions of this Agreement are, and the arrangement of this Agreement is, for the sole convenience of the Parties to this Agreement. The section headings, captions, and arrangement of this Agreement do not in any way affect, limit, amplify, or modify the terms and provisions of this Agreement. This Agreement shall not be construed as if it had been prepared by one of the Parties, but rather as if all Parties have prepared it. The Parties to this Agreement and their attorneys have read and reviewed this Agreement and agree that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply to the interpretation of this Agreement. The recitals of this Agreement are, and shall be enforceable as, a part of this Agreement.
19. No Third-Party Beneficiaries. Nothing in this Agreement, express or implied, is intended to confer on any person, other than the Parties and their successors and assigns, any rights or remedies by reason of this Agreement.
20. Waiver. A waiver of breach of any covenant or provision in this Agreement shall not be deemed a waiver of breach of any other covenant or provision in this Agreement, and no waiver shall be valid unless in writing and executed by the waiving Party.
21. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, and all of which together constitute one and the same instrument. [SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the Parties have executed this Agreement as pf the Effective Date first written above.
CONTRA COSTA COUNTY FLOOD CONTROL AND
WATER CONSERVATION DISTRICT
__________________________________
Name:_____________________________
Title:______________________________
DELTA DIABLO SANITATION
__________________________________
Name:_____________________________
Title:______________________________
CITY OF PITTSBURG
__________________________________
Name:_____________________________
Title:______________________________
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EXHIBIT A
INSURANCE REQUIREMENTS
Inspection Agency shall procure and maintain at its sole cost for the duration of this Agreement the following insurance:
a. Minimum Scope of Insurance. Coverage shall be at least as broad as:
(1) Insurance Services Office Commercial General Liability coverage (“occurrence” form CG 0001).
(2) Insurance Services Office form number CA 0001 covering Automobile Liability, code 1 (any auto).
(3) Workers’ Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance.
(4) Errors and omissions/Professional liability insurance for all design professionals such as architects, landscape architects or engineers.
b. Minimum Limits of Insurance. Inspection Agency shall maintain policy limits of no less than:
(1) General Liability: $2,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, the general aggregate limit shall be double the combined single limit, with completed operations coverage.
(2) Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage.
(3) Worker’s Compensation and Employers Liability: Worker’s Compensation limits as required by the Labor Code and Employers Liability limits of $1,000,000 per accident.
(4) Errors and Omissions/Professional Liability: $1,000,000 per claim and annual aggregate. If Inspection Agency maintains higher limits than the minimum required by this Agreement, the City requires and shall be entitled to coverage for the higher limits maintained by the Inspection Agency.
c. Deductibles and Self-Insured Retention. Any deductibles or self-insured retention must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retention as respects the City, its officers, officials, employees and volunteers; or Inspection Agency shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.
d. Other Insurance Provisions. The policies shall contain, or be endorsed to contain, the following provisions:
(1) General Liability and Automobile Liability Coverage.
(a) The City, its officers, officials, employees, agents and volunteers are to be covered as additional insured as respects: liability arising out of activities performed by or on behalf of Inspection Agency; products and completed operations of Inspection Agency; premises owned, occupied or used by Inspection Agency; or automobiles owned, leased or borrowed by Inspection Agency. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees, agents or volunteers.
(b) Inspection Agency’s insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers,
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officials, employees, agents or volunteers shall be excess of Inspection Agency’s insurance and shall not contribute with it.
(c) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees, agents or volunteers.
(d) Inspection Agency’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.
(2) Worker’s Compensation and Employers Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses arising from work performed by Inspection Agency for the City.
(3) Errors and Omissions/Professional Liability Coverage. Inspection Agency’s insurance shall include minimum Extended Reporting Period Coverage of three years.
e. Acceptability of Insurers. Insurance is to be placed with insurers with a Best’s rating of no less than A: VII.
f. Verification of Coverage. Inspection Agency shall furnish the City with certificates of insurance and with original endorsements effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require complete certified copies of all required insurance policies, at any time.
STAFF REPORT
MEETING DATE: March 16, 2026
TO: Mayor and Council Members
FROM: Darin E. Gale‚ City Manager
John Samuelson, Public Works Director/City Engineer
Jolan Longway, Development Services Supervisor
SUBJECT: Adoption of a City Council Resolution to Establish the Fiscal Year 2026/27 Annual Stormwater Utility Area Fee
EXECUTIVE SUMMARY
Each year, the City Council establishes the amount of the Stormwater Utility Area (SUA) fee paid by property owners to support drainage maintenance and other activities required by the federal Clean Water Act and the City’s Joint Municipal permit for the National Pollutant Discharge Elimination System (NPDES) program. Staff recommends no change be made to the current fee, which is $30 per Equivalent Runoff Unit (ERU).
FISCAL IMPACT
Annual assessments are determined by issuing an “Equivalent Runoff Unit (ERU) multiplier” depending on what “ERU Group” a specific land use falls under. For example, a single family home on a parcel between 5,000 to 20,000 sq. ft. (ERU Group “A”) = 1.0 ERU. That results in the homeowner paying $30.00 annually on their property tax. For most commercial parcels, including supermarkets, restaurants, car dealerships, etc. (ERU Group “J”) = 12 ERU/acre. Maintaining the SUA fee at $30.00 per ERU will allow the City to collect the maximum amount of NPDES funds to run the NPDES program as required. This rate allows the City to meet ongoing permit costs for fiscal year 2026/27. The annual revenue to be generated from this assessment is projected to be $1.2 million. This revenue and related expenditures will be incorporated in the next year's budget.
RECOMMENDATION
City Council adopt the attached Resolution establishing a Stormwater Utility Area fee rate of $30 per ERU for fiscal year 2026/27 and request the Contra Costa County Flood Control and Water Conservation District to adopt an annual parcel assessment based on that rate to cover the City’s costs associated with its NPDES activities.
BACKGROUND
In 1987, the federal government began requiring NPDES permits for all non-point source discharges of stormwater runoff entering waters of the state. Permit compliance responsibilities are vested with the State Water Quality Control Board (SWQCB).
In 1993, the City joined with the Contra Costa County Flood Control and Water Conservation District, Contra Costa County, and 18 other cities to create the Contra Costa Clean Water Program (County Program) to effectively respond to federal and state requirements regulating local discharges of stormwater into the San Joaquin / Sacramento River Delta and other waters of the state.
As a member of the County Program, the City is required to fund its pro-rata share of County Program costs for regional activities as well as the City’s work to comply locally.
In 1993, the City Council adopted Resolution 93-7913, authorizing the County Board of Supervisors to hold a public hearing and adopt Ordinance No. 93-47 to establish the Stormwater Utility Assessment Drainage Fee to help finance administrative and program activities necessary to comply with the NPDES Permit.
At that time, $30 was established as the maximum ERU rate for the City of Pittsburg. The City established the initial ERU rate at $24. In 2005, the City Council approved Resolution 05-10273, to increase the rate to $30 for fiscal year 2005/06, to cover program costs and has re-established the fee each year.
The Contra Costa County Flood Control and Water Conservation District assesses the fee on developed parcels within the City.
SUBCOMMITTEE FINDINGS
This item was not presented to a subcommittee.
STAFF ANALYSIS
Maintaining the ERU at the maximum $30 is necessary for the City to continue the activities required to comply with its NPDES permit. The current permit was adopted on May 11, 2022 and was effective July 1, 2022. This permit has a five-year term, which requires increased efforts to meet benchmark reductions for pollutants such as trash, PCBs, and mercury, and implement citywide green infrastructure improvements.
NPDES revenues pay for staff and materials for maintenance of the City’s drainage infrastructure and creek channels, stream bank erosion control, and inspection and monitoring programs to eliminate illicit discharges and illegal connections to the storm drain system.
ATTACHMENTS: Resolution
BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG
In the Matter of:
Establishing the FY 2026/27 )
Annual Stormwater Utility Area Fee ) RESOLUTION NO. 26-
WHEREAS, under federal Water Pollution Control Act (Clean Water Act), prescribed discharges of stormwater require a permit from the appropriate California Regional Water Quality Control Board under the National Pollutant Discharge Elimination System (NPDES) program; and
WHEREAS, the City of Pittsburg (City) has an NPDES permit that requires the implementation of selected Best Management Practices to minimize or eliminate pollutants from entering stormwaters; and
WHEREAS, it is the intent of the City to utilize funds received from its Stormwater Utility Area (SUA) fee for implementation of the NPDES program and drainage maintenance activities; and
WHEREAS, at the request of the City, the Contra Costa County Flood Control & Water Conservation District (District) has completed the process for formation of a SUA fee, including the adoption of the Stormwater Utility Assessment Drainage Ordinance No. 93-47; and
WHEREAS, the SUA fee and Program Group Costs Payment agreement between City and District requires that the City annually, by May 1, determine the rate to be assessed to a single Equivalent Runoff Unit (ERU) for the forthcoming fiscal year.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pittsburg hereby assigns the rate to a single ERU for FY 2026/27 at $30, and the City Council hereby requests the District to levy the SUA in that amount.
PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 16th day of March 2026 by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
___________________
Dionne Adams, Mayor
ATTEST:
_______________________
Alice E. Evenson, City Clerk
STAFF REPORT
MEETING DATE: March 16, 2026
TO: Mayor and Council Members
FROM: Darin E. Gale‚ City Manager
John Samuelson, Public Works Director/City Engineer
SM Saklaen, Senior Civil Engineer
SUBJECT: Adoption of a City Council Resolution to Approve and Allocate Funds for Project 5130 — Terry Court Sewer Repair and amend the CIP budget
EXECUTIVE SUMMARY
Project 5130 — Terry Court Sewer Repair (Project) is for the design and construction of a new sewer main on Terry Court to replace a collapsed sewer main, which can no longer be properly maintained. Adoption of this resolution will approve the creation of the Project, allocate funds for design, and amend the CIP budget.
FISCAL IMPACT
The anticipated cost for design of the Project is $80,000. This Resolution will allocate $80,000 from Sewer Operations (Fund 521) for design of the Project. Construction and other costs will be included in the next year's proposed budget.
The CIP Project Sheet is attached to this Staff Report.
RECOMMENDATION
City Council adopt the attached Resolution approving the Project, allocating funds for design, and amending the CIP budget.
BACKGROUND
The existing sewer main at Terry Court has reached its useful life. Operation and maintenance staff can no longer provide maintenance using traditional methods.
Repairing the sewer main using open trench construction of this scale is beyond
operation and maintenance capacity.
The Project will abandon the existing sewer main pipe, which runs through the property line between 960 and 966 Terry Court, and reconstruct a new sanitary sewer main at Terry Court to connect at Saint Moritz Drive.
SUBCOMMITTEE FINDINGS
This item was not presented to the subcommittee.
STAFF ANALYSIS
The existing sewer main collapsed and requires frequent maintenance. Relocating the sewer main to Terry Court will ensure adequate slope and flow to reduce ongoing maintenance issues.
ATTACHMENTS: Resolution
CIP Project Sheet
BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG
In the Matter of:
Approving and Allocating Funds For Project )
5130 Terry Court Sewer Repair and Amend ) RESOLUTION NO. 26- FY 2025-26 CIP Budget )
WHEREAS, Project 5130 — Terry Court Sewer Repair (Project) is for the design and construction of a new sewer main on Terry Court to replace a collapsed sewer main, which can no longer be properly maintained; and
WHEREAS, the Project will abandon the existing sewer main pipe, which runs through the property line between 960 and 966 Terry Court, and reconstruct a new sanitary sewer main at Terry Court to connect at Saint Moritz Drive; and
WHEREAS, the anticipated total expenditure for the design of the Project is $80,000.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pittsburg hereby approves the Project and allocates $80,000 from the Sewer Operations Fund for design of the Project and amends the Sewer Fund CIP budget by $80,000.
PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 16th day of March 2026 by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
___________________
Dionne Adams, Mayor
ATTEST:
_______________________
Alice E. Evenson, City Clerk
City of Pittsburg 2026/27 – 2030/31 Capital Improvement Program
Project Title: Project #:
Terry Court Sewer Repair 5130
Description/Justification:
This project will abandon existing sewer main pipe which runs through property line between 960 and 966 Terry C ourt and reconstruct new sanitary sewer main at Terry Court to connect at Saint Moritz Drive. The existing sewer main collapsed and requires frequent maintenance . Relocating sewer main to the street side will ensure adequate slope and flow to reduce ongoing maintenance issues.
Supplemental Information:
None
Project Category: Underground Infrastructure
Location: Terry Ct and St. Mortiz Dr.
Project Manager: S. Saklaen
Project Priority: 2H – Required
Project Status: New
Est. Completion Date: 2026/27
STAFF REPORT
MEETING DATE: March 16, 2026
TO: Mayor and Council Members
FROM: Darin E. Gale‚ City Manager
Kolette Simonton, Director of Recreation
SUBJECT: Adoption of a City Council Resolution to Accept Grant Funds from Contra Costa County, Amend FY 2025-26 Recreation
Programs Budget, and Authorize City Manager to Execute
Grant Contracts
EXECUTIVE SUMMARY
Contra Costa County has awarded the City of Pittsburg grant funds in the amount of $200,000 to support programs benefiting seniors, youth, and young adults residing in the Los Medanos Health Area. Staff is requesting adoption of a resolution to authorized the City Manager to execute Contra Costa County Contract #23-854-2 and #23-856-1, and accept and appropriate the grant funds to the FY 2025-26 Recreation budget.
FISCAL IMPACT
If adopted, the resolution will authorize the acceptance of grant funds and amendment of the Miscellaneous Grants Fund Recreation department revenue and expenditures budget by $200,000 in Fiscal Year 2025-26. No additional appropriations from the General Fund are required for the receipt of the grant since no matching funds are required. Eligible funds for this grant must be expensed between January 1, 2026, and December 31, 2027. The grant provides a $100,000 allocation for the Youth Basketball program and $100,000 for recreation activities at Pittsburg Senior Center benefiting the Los Medanos Health Area community.
RECOMMENDATION
City Council adopt the resolution authorizing acceptance of $200,000 grant funds from Contra Costa County and amend the Fiscal Year 2025-26 Miscellaneous Grants Fund Recreation department budget, and authorizing the City Manager to execute the grant contracts.
BACKGROUND
Contra Costa County administers the Los Medanos Health Grants program, which provides funding for direct health programs that support initiatives aimed at improving community health and well-being for residents of the Los Medanos Health Area. The Los Medanos Health Area includes Pittsburg, the unincorporated community of Bay Point, and a small portion of Antioch.
Awarded programs must support at least one of the program goals as previously approved by the Contra Costa County Board of Supervisors:
1. Improve the availability of and/or access to affordable healthcare services (e.g., elder care, health related clinics, and linkage to care).
2. Provide mental health awareness, education, and prevention programs (e.g., depression, anxiety, stress, and suicide prevention).
3. Provide awareness, education, and prevention programs targeted at chronic diseases (e.g., cardiovascular disease, diabetes, asthma, food security).
4. Provide service or access programs for the unhoused, prioritizing families and children.
5. Provide substance use awareness, education, and prevention programs (alcohol, drugs and tobacco).
Staff applied for and was awarded grant funding to support senior programs at the Senior Community Center as well as a youth and young adult basketball program.
SUBCOMMITTEE FINDINGS
This item was discussed during the Life Enrichment Subcommittee on February 18, 2026.
STAFF ANALYSIS
The Recreation Department provides programs and activities to enhance the quality of life of Pittsburg residents. These programs are essential to building healthy, resilient communities as they address physical health, mental well-being, social connection, and community safety in a comprehensive and accessible way.
The Los Medanos Health Grant will fund the Twilight Hoops youth and young adult basketball program, as well as specialized programming for our senior community, advancing recreation services as a vital strategy for improving overall quality of life in Pittsburg and the greater Los Medanos Health Area.
Through Twilight Hoops, youth and young adults will have access to a no-cost, structured basketball program that promotes fitness, teamwork, leadership development, and positive peer engagement. By operating during peak crime hours,
the program provides a safe, supervised environment that reduces exposure to negative influences while encouraging healthy lifestyle habits. This proactive approach supports violence prevention efforts and helps build confidence, discipline, and long- term resilience among participants.
For seniors, the grant will support specialized programming designed to reduce isolation and enhance overall wellness. Services will include art therapy classes to encourage creativity and cognitive engagement; medical workshops and wellness check-ups to increase health awareness and early intervention; nutrition and cooking demonstrations to promote healthy eating habits; and low-impact exercise classes to improve balance, mobility, and cardiovascular health. These opportunities not only support physical and mental health but also foster meaningful social connections that are essential to healthy aging.
By funding both Twilight Hoops and senior-focused programming, the Los Medanos Health Grant strengthens a comprehensive, community-wide approach to wellness— investing in prevention, promoting health equity, and ensuring residents of all ages have access to safe, enriching opportunities that contribute to a healthier, more connected community.
ATTACHMENTS: Resolution
Contra Costa County Contract #23-854-2
Contra Costa County Contract #23-856-1
BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG
In the Matter of:
Authorizing the Acceptance and )
Appropriation of County Grant Funds For ) RESOLUTION NO. 26- Recreation Programs and Authorizing the )
City Manager to Execute the Grant Contracts )
WHEREAS, the City applied for and was awarded a $200,000 grant from the Los Medanos Health Grant, administered by Contra Costa County, to support recreation programs to support initiatives aimed at improving community health and well-being residents of the Los Medanos Health Area; and
WHEREAS, the grant will support specialized programming designed to reduce isolation and enhance overall wellness for senior citizens, and support youth and young adults with access to a no-cost, structured basketball program that promotes fitness, teamwork, leadership development, and positive peer engagement; and
WHEREAS, staff recommends that the City execute Contra Costa County contracts #23-854-2 and 23-856-1, accept the funds and authorize their use for recreation programs as proposed in this resolution, and allocate the funds to the FY 2025/26 Miscellaneous Grants Fund Recreation department budget.
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby accepts a $200,000 Los Medanos Health Grant from Contra Costa County and amends Fiscal Year 2025-26 Miscellaneous Grants Fund budget for the Recreation Department by increasing estimated revenues by $200,000 and by increasing appropriations by $200,000, and authorizes the City Manager to execute the grant contracts.
PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 16th day of March 2026 by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
___________________
Dionne Adams, Mayor
ATTEST:
_______________________
Alice E. Evenson, City Clerk
Form L-1 (Page 1 of 2)
Contra Costa County STANDARD CONTRACT Number 23-854-2
Standard Form L-1 (Purchase of Services - Long Form) Fund/Org # As Coded Revised 2014 Account # As Coded
Other #
1. Contract Identification.
Department: Health Services — Office of the Director
Subject: Provide recreational activities at Pittsburg Senior Center to Los Medanos Health Area senior community members ages 50 and older
2. Parties. The County of Contra Costa, California (County), for its Department named above, and the following named Contractor mutually agree and promise as follows:
Contractor: CITY OF PITTSBURG RECREATION DEPARTMENT
Capacity: Government Agency
Legal Address: 65 Civic Drive, Pittsburg, California 94565
3. Term. The effective date of this Contract is January 1, 2026, and it terminates on December 31, 2027 unless sooner terminated as provided herein.
4. Payment Limit . County’s total payments to Contractor under this Contract shall not exceed $100,000.
5. County’s Obligations . County shall make to the Contractor those payments described in the Payment Provisions attached hereto which are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein.
6. Contractor’s Obligations. Contractor shall provide those services and carry out that work described in the Service Plan attached hereto which is incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein.
7. General and Special Conditions. This Contract is subject to the General Conditions and Special Conditions (if any) attached hereto, which are incorporated herein by reference.
8. Project. This Contract implements in whole or in part the following described Project, the application and approval documents of which are incorporated herein by reference: Not Applicable
Docusign Envelope ID: 9313484F-989F-4026-AD3B-1FD97872AC42
Contra Costa County STANDARD CONTRACT Number 23-854-2
Standard Form L-1 (Purchase of Services - Long Form)
Revised 2014
Form L-1 (Page 2 of 2)
9. Legal Authority. This Contract is entered into under and subject to the following legal authorities:
California Government Code §§ 26227 and 31000.
10. Signatures. These signatures attest the parties’ agreement hereto:
COUNTY OF CONTRA COSTA, CALIFORNIA
BOARD OF SUPERVISORS
By
Chairman/Designee
ATTEST: Clerk of the Board of Supervisors
By XXXXXXXXXXXXXXXXXXXXXXXXXXXXX
Deputy
CONTRACTOR
Signature A
Name of business entity
City of Pittsburg Recreation Department
By
(Signature of individual or officer)
(Print name and title A, if applicable)
Signature B
Name of business entity
City of Pittsburg Recreation Department
By
(Signature of individual or officer)
(Print name and title B, if applicable)
Note to Contractor: For corporations (profit or nonprofit) and limited liability companies, the contract must be signed by two officers. Signature A must be that of the chairman of the board, president, or vice -president; and Signature B must be that of the secretary, any a ssistant secretary, chief financial officer or any assistant treasurer (Civil Code Section 1190 and Corporations Code Section 313). All signatures must be acknowledged as set forth on form L-2.
Docusign Envelope ID: 9313484F-989F-4026-AD3B-1FD97872AC42
Docusign Envelope ID: 9313484F-989F-4026-AD3B-1FD97872AC42
Contra Costa County PAYMENT PROVISIONS
Standard Form P-2 (Cost Basis Contracts – Short Form)
Revised 2014 Number 23-854-2
Initials:___________ _____________
Contractor County Dept.
Form P-2 (Page 1 of 2)
1. Payment Basis. Subject to the Payment Limit, payments to Contractor for all services provided for County under this Contract shall only be for allowable costs that are actually incurred in the performance of Contractor’s obligations under this Contract.
2. Payment Amounts. Subject to later adjustments in total payments as provided below and subject to the Payment Limit of this Contract, County will pay Contractor as full compensation for all services, work, expenses or costs provided or incurred by Contractor:
a. $ monthly,
b. $ per unit, as defined in the Service Plan,
c. An amount equal to Contractor’s allowable costs that are actually incurred each month, but subject to the Attachment A (Budget of Estimated Program Expenditures) which is incorporated herein and made a part hereof by reference, or
d. An amount equal to Contractor’s allowable costs that are actually incurred each month, but subject to the attached “Budget of Estimated Program Expenditures” which is attached hereto as “Exhibit A” and which has been prepared and submitted by Contractor to County and shall be maintained on file in the offices of County’s Public Health Division, and which is incorporated herein and made a part here of by reference.
Any movement of funds between line items in the budget of estimated program expenditures must have the prior written approval of the Public Health Director, or designee.
3. Allowable Costs. Contractor’s allowable costs are only those which are determined in accordance with:
a. Such State regulations and documents as are set forth in the Service Plan regarding accounting guidelines, including standards for determining allowable or non-allowable costs. b. Department of Health and Human Services Administration of Grants Federal Regulations Title 45 Part 74 including any amendments thereto and the applicable Subpart listed hereunder; and other documents specified in the Service Plan regarding principles fo r determining and allocating the allowable costs of providing the services; and any standards set forth in the Service Plan for determining the allowability of selected items of costs of providing the services.
(1) Federal Management Circular A -87, including any amendments to the circular published in the Federal Register by OMB is to be used for determining allowable costs of activities conducted by state and local governmental agencies.
(2) OMB Circular A-122, including any amendments to the Circular published in the Federal Register by OMB is to be used for determining allowable costs of activities conducted by nonprofit organizations (other than government agencies, educational institutions, and hospitals). (3) 41 CFR Subpart 1-15.2 shall be used for profit organizations other than hospitals. (4) OMB Circular No. A-21, including any amendments to the Circular published in the Federal Register by OMB shall be the principles to be used for determining allowable costs by educational institutions (other than for-profit institutions).
(5) Appendix E Subpart Q Section 74.173 shall be used for determining costs of research, development work, and other activities for determining allowable costs.
Docusign Envelope ID: 9313484F-989F-4026-AD3B-1FD97872AC42
Contra Costa County PAYMENT PROVISIONS
Standard Form P-2 (Cost Basis Contracts – Short Form)
Revised 2014 Number 23-854-2
Initials:___________ _____________
Contractor County Dept.
Form P-2 (Page 2 of 2)
c. Part IV Department of Labor, Employment and Training administration, 20 CFR Part 674, Section 674.402 and any amendments thereto; and California Department of Aging Title V Operations Handbook, 1987, Section 505.4 and any amendments thereto.
4. Payment Demands. Contractor shall submit written demands on County Demand Form D -15 in the manner and form prescribed by County. Contractor shall submit demands for payment no later than 30 days from the end of the month in which the contract services upon which such d emand is based were actually rendered. Upon approval of said payment demands by the head of the County Department for which this Contract is made, or designee, County will make payments as specified in Paragraph 2. (Payment Amounts) above.
5. Penalty for Late Submission. If County is unable to obtain reimbursement from the State of California as a result of Contractor’s failure to submit to County a timely demand for payment as specified in Paragraph 4. (Payment Demands) above, County shall not pay Contractor for such se rvices to the extent County’s recovery of funding is prejudiced by the delay even though such services were fully provided.
6. Right to Withhold. County has the right to withhold payment to Contractor when, in the opinion of County expressed in writing to Contractor, (a) Contractor’s performance, in whole or in part, either has not been carried out or is insufficiently documented, (b) Contractor has neglected, failed or refused to furnish information or to cooperate with any inspection, review or audit of its program, work or records, or (c) Contractor has failed to sufficiently itemize o r document its demand(s) for payment.
7. Cost Report and Settlement. No later than forty-five (45) days following the termination of this Contract, Contractor shall submit to County a cost report in the form required by County, showing the allowable costs that have actually been incurred by Contractor under this Contract. If the cost report shows that the allowable costs actually incurred by Contractor under this Contract exceed the payments made by County, subject nevertheless to the Payment Limit of this Contract, County will remit any such excess amount to Contractor, provided that the payments made, together with any such excess amount, may not exceed the Payment Limit. If the cost report shows that the payments made by County exceed the allowable costs actually incurred by Contractor under this Contract, Contractor shall remit any such excess amount to County.
8. Audits. The records of Contractor may be audited by the County, State, or United States government, in addition to any certified cost report or audit required by the Service Plan. Any certified cost report or audit required by the Service Plan shall be submitted to County by Contractor within such period of time as may be expressed by applicable state or federal regulations, policies or contracts, but in no event later than 18 months from the termination date of this Contract. If such audit(s) show that the payments made by County exceed the allowable costs that have actually been incurred by Contractor under this Contract, including any adjustments made pursuant to Paragraph 7. (Cost Report and Settlement), then Contractor shall pay County within 30 days of demand by County any such excess amount. If such audit(s) show that the allowable costs that have actually been incurred by Contractor under this Contract exceed the payments made by County, including any adjustments made pursuant to Paragraph 7. ( Cost Report and Settlement), then County agrees to pay Contractor any such excess amount, provided that payments made, together with any such excess payment, may not exceed the contract Payment Limit.
9. Audit Exceptions . In addition to its obligations under Paragraph 8 . ( Audits) above, Contractor agrees to accept responsibility for receiving, replying to, and/or complying with any audit exceptions by appropriate county, state or federal audit agencies resulting from its performance of this Contract. Within 30 days of dema nd, Contractor shall pay County the full amount of County’s obligation, if any, to the state and/or federal government resulting from any audit exceptions, to the extent such are att ributable to Contractor’s failure to perform properly any of its obligations under this Contract.
Docusign Envelope ID: 9313484F-989F-4026-AD3B-1FD97872AC42
Exhibit A
BUDGET OF ESTIMATED PROGRAM EXPENDITURES
Number 23-854-2
A.
1. a. Personnel Salaries and Benefits 8,720$
b. Operational Costs (Direct) 91,280$
2. B.
(To be collected and provided by Contractor) 0
C. 100,000$
D.
1. 2.
E.
F.
G.
No later than April 30th of each fiscal year period under this Contract, Contractor shall deliver a written Budget Report to the Department’s Health Services Director, or designee stating whether or not the budgeted amounts set forth in this Budget of Estimated Program Expenditures for the Total Gross Allowable Program Cost and the Total Projected Non- County Program Revenue for the respective fiscal year period hereunder accurately reflect the actual cost for the Service Program. If any of these program budget amounts need to be changed, Contractor shall include in its Budget Report a complete copy of the revised Budget of Estimated Program Expenditures, an explanation of the program budget and revenue changes, and a request for prior written authorization to implement the changes in accordance with Paragraph E, above, subject to Payment Provisions, Paragraph 7. (Cost Report and Settlement).
TOTAL CONTRACT PAYMENT LIMIT : $ 100,000
CHANGES IN COST CATEGORY AMOUNTS
Subject to the Total Payment Limit, and subject to State guidelines, each cost category Subtotal Amount set forth above:
May vary within each program by up to 15% without approval by County; and May be changed in excess of 15% in any fiscal year period provided, however, that Contractor has obtained written authorization prior to April 30th that fiscal year period under this Contract from the Health Services Director, or designee before implementing any such budget changes.
PROGRAM BUDGET CHANGES
Subject to the Contract Payment Limit and subject to State guidelines, Contractor may make changes in the total amounts set forth above for the Total Gross Allowable Program Cost and the Total Projected Non-County Program Revenue, provided, however, that Contractor has obtained written authorization prior to April 30th of each fiscal year period under this Contract, from the Department’s Health Services Director, or designee in accordance with Paragraph G, below, before implementing any such budget changes.
CONTRACTOR BUDGET
Contractor will submit to County, for informational purposes upon request, its total Corporation budget including: all program budgets, all revenue sources and projected revenue amounts, all cost allocations, and line item breakdown of budget categories to include salary levels listed by job classification as well as detailing of operational and administrative expenses by cost center and listing numbers of staff positions by job classification.
BUDGET REPORT
NET ALLOWABLE TOTAL COSTS
GROSS OPERATIONAL BUDGET
Cost Reimbursement Categories
Total Gross Allowable Program Costs
LESS PROJECTED NON-COUNTY PROGRAM REVENUES
Initials: _________ ___________
Contractor County Dept.
Docusign Envelope ID: 9313484F-989F-4026-AD3B-1FD97872AC42
Contra Costa County SERVICE PLAN
Standard Form L-3
Revised 2014 Number 23–854-2
Initials:__________ ____________
Contractor County Dept.
Form L-3 (Page 1 of 1)
1. Contractor’s Obligations. Contractor will facilitate recreational activities at its Pittsburg Senior Center to Los Medanos Health care District members ages fifty (50) and older. Contractor will ensure all personnel performing services under this Contract have been specially trained or have the necessary experience or possession of licenses or certfications to conduct the activites described herein. Activities will include all necessary supplies and required safety equipment. Activities include, but are not limited to, the following:
a. Twenty-six (26) art therapy classes for mental health and mobility; b. Twenty-six (26) sessions of forty-five (45) minute medical workshops to improve mental health and mobility;
c. Ten (10) healthy eating and cooking demonstration classes; d. Monthly blood pressure checks and records will be provided to the participant only and will remain in th participant’s possession;
e. Fifteen (15) minute senior massages two (2) days a week; and f. Low impact exercise classes for six (6) months for up to twenty (20) individuals.
2. Performance Reports . Contractor will prepare and submit to County such periodic performance progress reports as may be provided as may be required by County’s Health Services Director or the Director’s designee. No later than sixty (60) days following the expiration or termination of this Contract, whichever comes first, Contractor will prepare and submit to County, a written final activity report which will include, but is not limited to, an evaluation of the quantity, quality, and impact of the work undertaken in conducting services provided under this Contract (the “Final Activity Report”).
Docusign Envelope ID: 9313484F-989F-4026-AD3B-1FD97872AC42
Contra Costa County GENERAL CONDITIONS
Standard Form L-5 (Purchase of Services - Long Form)
Revised 2016
Contractor County Dept.
Form L-5 (Page 1 of 7)
1. Compliance with Law. Contractor is subject to and must comply with all applicable federal, state, and local laws and regulations with respect to its performance under this Contract, including but not limited to, licensing, employment, and purchasing practices; and wages, hours, and conditions of employment, including nondiscrimination.
2. Inspection. Contractor's performance, place of business, and records pertaining to this Contract are subject to monitoring, inspection, review and audit by authorized representatives of the County, the State of California, and the United States Government.
3. Records. Contractor must keep and make available for inspection and copying by authorized representatives of the County, the State of California, and the United States Government, the Contractor's regular business records and such additional records pertaining to this Contract as may be required by the County.
a. Retention of Records. Contractor must retain all documents pertaining to this Contract for five years from the date of submission of Contractor's final payment demand or final Cost Report; for any further period that is required by law; and until all federal/state audits are complete and exceptions resolved for this Contract's funding period. Upon request, Contractor must make these records available to authorized representatives of the County, the State of California, and the United States Government.
b. Access to Books and Records of Contractor, Subcontractor . Pursuant to Section 1861(v)(1) of the Social Security Act, and any regula tions promulgated thereunder, Contractor must, upon written request and until the expiration of five years after the furnishing of services pursuant to this Contract, make available to the County, the Secretary of Healt h and Human Services, or the Comptroller General, or any of their duly authorized representatives, this Contract and books, documents, and records of Contractor necessary to certify the nature and extent of all costs and charges hereunder.
Further, if Contractor carries out any of the duties of this Contract through a subcontract with a value or cost of $10,000 or more over a twelve-month period, such subcontract must contain a clause to the effect that upon written request and until the expiration of five years after the furnishing of services pursuant to such subcontract, the subcontractor must make available to the County, the Secretary, the Comptroller General, or any of their duly authorized representatives, the subcontract and books, documents, and re cords of the subcontractor necessary to verify the nature and extent of all costs and charges thereunder.
This provision is in addition to any and all other terms regarding the maintenance or retention of records under this Contract and is binding on the heirs, successors, assigns and representatives of Contractor.
4. Reporting Requirements. Pursuant to Government Code Section 7550, Contractor must include in all documents and written reports completed and submitted to County in accordance with this Contrac t, a separate section listing the numbers and dollar amounts of all contracts and subcontracts relating to the preparation of each such document or written report. This section applies only if the Payment Limit of this Contract exceeds $5,000.
Docusign Envelope ID: 9313484F-989F-4026-AD3B-1FD97872AC42
Contra Costa County GENERAL CONDITIONS
Standard Form L-5 (Purchase of Services - Long Form)
Revised 2016
Contractor County Dept.
Form L-5 (Page 2 of 7)
5. Termination and Cancellation.
a. Written Notice. This Contract may be terminated by either party, in its sole discretion, upon thirty- day advance written notice thereof to the other, and may be cancelled immediately by written mutual consent.
b. Failure to Perform. County, upon written notice to Contractor, may immediately terminate this Contract should Contractor fail to perform properly any of its obligations hereunder. In the event of such termination, County may proceed with the work in any reasonable manner it chooses. The cost to County of completing Contractor's performance will be deducted from any sum due Contractor under this Contract, without prejudice to County's rights to recover damages.
c. Cessation of Funding. Notwithstanding any contrary language in Paragraphs 5 and 11, in the event that federal, state, or other non-County funding for this Contract ceases, this Contract is terminated without notice.
6. Entire Agreement. This Contract contains all the terms and conditions agreed upon by the parties. Except as expressly provided herein, no other understanding, oral or otherwise, regarding the subject matter of this Contract will be deemed to exist or to bind any of the parties hereto.
7. Further Specifications for Operating Procedures. Detailed specifications of operating procedures and budgets required by this Contract, including but not limited to, monitoring, evaluating, auditing, billing, or regulatory changes, may be clarified in a written letter signed by Contractor and the department head, or designee, of the county department on whose behalf this Contract is made. No written clarification prepared pursuant to this Section will operate as an amendment to, or be considered to be a part of, this Contract.
8. Modifications and Amendments.
a. General Amendments. In the event that the total Payment Limit of this Contract is less than $200,000 and this Contract was executed by the County’s Purchasing Agent, this Contract may be modified or amended by a written document executed by Contractor and th e County’s Purchasing Agent or the Contra Costa County Board of Supervisors, subject to any required state or federal approval. In the event that the total Payment Limit of this Contract exceeds $200,000 or this Contract was initially approved by the Board of Supervisors, this Contract may be modified or amended only by a written document executed by Contractor and the Contra Costa County Board of Supervisors or, after Board approval, by its designee, subject to any required state or federal approval.
b. Minor Amendments. The Payment Provisions and the Service Plan may be amended by a written administrative amendment executed by Contractor and the County Administrator (or designee), subject to any required state or federal approval, provided that such administrative amendment may not increase the Payment Limit of this Contract or reduce the services Contractor is obligated to provide pursuant to this Contract.
9. Disputes. Disagreements between County and Contractor concerning the meaning, requirements, or performance of this Contract shall be subject to final written determination by the head of the county department for which this Contract is made, or his designee, or i n accordance with the applicable procedures (if any) required by the state or federal government.
Docusign Envelope ID: 9313484F-989F-4026-AD3B-1FD97872AC42
Contra Costa County GENERAL CONDITIONS
Standard Form L-5 (Purchase of Services - Long Form)
Revised 2016
Contractor County Dept.
Form L-5 (Page 3 of 7)
10. Choice of Law and Personal Jurisdiction.
a. This Contract is made in Contra Costa County and is governed by, and must be construed in accordance with, the laws of the State of California.
b. Any action relating to this Contract must be instituted and prosecuted in the courts of Contra Costa County, State of California.
11. Conformance with Federal and State Regulations and Laws . Should federal or state regulations or laws touching upon the subject of this Contract be adopted or revised during the term hereof, this Contract will be deemed amended to assure conformance with such federal or state requirements.
12. No Waiver by County. Subject to Paragraph 9. (Disput es) of these General Conditions, inspections or approvals, or statements by any officer, agent or employee of County indicating Contractor's performance or any part thereof complies with the requirements of this Contract, or acceptance of the whole or any part of said performance, or payments therefor, or any combination of these acts, do not relieve Contractor's obligation to fulfill this Contract as prescribed; nor is the County thereby prevented from bringing any action for damages or enforcement arisi ng from any failure to comply with any of the terms and conditions of this Contract.
13. Subcontract and Assignment. This Contract binds the heirs, successors, assigns and representatives of Contractor.
Prior written consent of the County Administrator or h is designee, subject to any required state or federal approval, is required before the Contractor may enter into subcontracts for any work contemplated under this Contract, or before the Contractor may assign this Contract or monies due or to become due, by operation of law or otherwise.
14. Independent Contractor Status. The parties intend that Contractor, in performing the services specified herein, is acting as an independent contractor and that Contractor will control the work and the manner in which it is performed.
This Contract is not to be construed to create the relationship between the parties , or between County and any Contractor employee, of agent, servant, employee, partnership, joint venture, or association. Neither Contractor, nor any of its employees, is a County employee. This Contract does not give Contractor, or any of its employees, any right to participate in any pension plan, workers’ compensation plan, insurance, bonus, or similar benefits County provides to its employees. In the event that County exercises its right to terminate this Contract, Contractor expressly agrees that it will have no recourse or right of appeal under any rules, regulations, ordinances, or laws applicable to employees.
15. Conflicts of Interest. Contractor covena nts that it presently has no interest and that it will not acquire any interest, direct or indirect, that represents a financial conflict of interest under state law or that would otherwise conflict in any manner or degree with the performance of its services hereunder. Contractor further covenants that in the performance of this Contract, no person having any such interests will be employed by Contractor. If requested to do so by County, Contractor will complete a “Statement of Economic Interest” form an d file it with County and will require any other person doing work under this Contract to complete a “Statement of Economic Interest” form and file it with County.
Contractor covenants that Contractor, its employees and officials, are not now employed by County and have not been so employed by County within twelve months immediately preceding this Contract; or, if so employed, did not then and do not now occupy a position that would create a conflict of interest under Government Code section 1090. In Docusign Envelope ID: 9313484F-989F-4026-AD3B-1FD97872AC42
Contra Costa County GENERAL CONDITIONS
Standard Form L-5 (Purchase of Services - Long Form)
Revised 2016
Contractor County Dept.
Form L-5 (Page 4 of 7)
addition to any indemnity provided by Contractor in this Contract, Contractor will indemnify, defend, and hold the County harmless from any and all claims, investigations, liabilities, or damages resulting from or related to any and all alleged conflicts of interest. Contractor warrants that it has not provided, attempted to provide, or offered to provide any money, gift, gratuity, thing of value, or compensation of any kind to obtain this Contract.
16. Confidentiality. To the extent allowed under the California Public Records Act, Contractor agrees to comply and to require its officers, partners, associates, agents and employees to comply with all applicable state or federal statutes or regulations respecting confidentiality, including but not limited to, the identity of persons served under this Contract, their records, or services provided them, and assures that no person will publish or disclose or permit or cause to be published or disclosed, any list of persons rece iving services, except as may be required in the administration of such service. Contractor agrees to inform all employees, agents and partners of the above provisions, and that any person knowingly and intentionally disclosing such information other than as authorized by law may be guilty of a misdemeanor.
17. Nondiscriminatory Services. Contractor agrees that all goods and services under this Contract will be available to all qualified persons regardless of age, gender, race, religion, color, national origin, ethnic background, disability, or sexual orientation, and that none will be used, in whole or in part, for religious worship.
18. Indemnification. Contractor will defend, indemnify, save, and hold harmless County and its officers and employees from any a nd all claims, demands, losses, costs, expenses, and liabilities for any damages, fines, sickness, death, or injury to person(s) or property, including any and all administrative fines, penalties or costs imposed as a result of an administrative or quasi-judicial proceeding, arising directly or indirectly from or connected with the services provided hereunder that are caused, or claimed or alleged to be caused, in whole or in part, by the negligence or willful misconduct of Contractor, its officers, employees, agents, contractors, subcontractors, or any persons under its direction or control.
If requested by County, Contractor will defend any such suits at its sole cost and expense. If County elects to provide its own defense, Contractor will reimburse County for any expenditures, including reasonable attorney’s fees and costs.
Contractor’s obligations under this section exist regardless of concurrent negligence or willful misconduct on the part of the County or any other person; provided, however, that Contractor is not required to indemnify County for the proportion of liability a court determines is attributable to the sole negligence or willful misconduct of the County, its officers and employees. This provision will survive the expiration or termination of this Contract.
19. Insurance. During the entire term of this Contract and any extension or modification thereof, Contractor shall keep in effect insurance policies meeting the following insurance requirements unless otherwise expressed in the Special Conditions:
a. Commercial General Liability Insurance. For all contracts where the total payment limit of the contract is $500,000 or less, Contractor will provide commercial general liability insurance, including coverage for business losses and for owned a nd non-owned automobiles, with a minimum combined single limit coverage of $500,000 for all damages, including consequential damages, due to bodily injury, sickness or disease, or death to any person or damage to or destruction of property, including the l oss of use thereof, arising from each occurrence. Such insurance must be endorsed to include County and its officers and employees as additional insureds as to all services performed by Contractor under this Contract. Said policies must constitute primar y insurance as to County, the state and federal governments, and their officers, agents, and employees, so that other insurance policies held by Docusign Envelope ID: 9313484F-989F-4026-AD3B-1FD97872AC42
Contra Costa County GENERAL CONDITIONS
Standard Form L-5 (Purchase of Services - Long Form)
Revised 2016
Contractor County Dept.
Form L-5 (Page 5 of 7)
them or their self -insurance program(s) will not be required to contribute to any loss covered under Contractor ’s insurance policy or policies. Contractor must provide County with a copy of the endorsement making the County an additional insured on all commercial general liability policies as required herein no later than the effective date of this Contract. For all contracts where the total payment limit is greater than $500,000, the aforementioned insurance coverage to be provided by Contractor must have a minimum combined single limit coverage of $1,000,000.
b. Workers' Compensation. Contractor must provide workers' compensation insurance coverage for its employees.
c. Certificate of Insurance. The Contractor must provide County with (a) certificate(s) of insurance evidencing liability and worker's compensation insurance as required herein no later than the effective date of this Contract. If Contractor should renew the insurance policy(ies) or acquire either a new insurance policy(ies) or amend the coverage afforded through an endorsement to the policy at any time during the term of this Contract, then Contractor must provide (a) current certificate(s) of insurance.
d. Additional Insurance Provisions. No later than five days after Contractor’s receipt of: (i) a notice of cancellation, a notice of an intention to cancel, or a notice of a lapse in any of Contractor’s insurance coverage required by this Contract; or (ii) a notice of a material change to Contractor’s insurance coverage required by this Contract, Contractor will provide Department a copy of such notice of cancellation, notice of intention to cancel, notice of lapse of coverage, or notice of material change. Contractor’s failure to provide Department the notice as required by the preceding sentence is a default under this Contract
20. Notices. All notices provided for by this Contract must be in writing and may be delivered by deposit in the United States mail, postage prepaid. Notices to County must be addressed to the head of the county department for which this Contract is made. Notices to Contractor must be addressed to the Contractor's address designated herein. The effective date of notice is the date of deposit in the mails or of othe r delivery, except that the effective date of notice to County is the date of receipt by the head of the county department for which this Contract is made.
21. Primacy of General Conditions. In the event of a conflict between the General Conditions and the Special Conditions, the General Conditions govern unless the Special Conditions or Service Plan expressly provide otherwise.
22. Nonrenewal. Contractor understands and agrees that there is no representation, implication, or understanding that the services pro vided by Contractor under this Contract will be purchased by County under a new contract following expiration or termination of this Contract, and Contractor waives all rights or claims to notice or hearing respecting any failure to continue purchasing all or any such services from Contractor.
23. Possessory Interest. If this Contract results in Contractor having possession of, claim or right to the possession of land or improvements, but does not vest ownership of the land or improvements in the same person, or if this Contract results in the placement of taxable improvements on tax exempt land (Revenue & Taxation Code Section 107), such interest or improvements may represent a possessory interest subject to property tax, and Contractor may be subject to the payment of property taxes levied on such interest. Contractor agrees that this provision complies with the notice requirements of Revenue & Taxation Code Section 107.6, and waives all rights to further notice or to damages under that or any comparable statute.
Docusign Envelope ID: 9313484F-989F-4026-AD3B-1FD97872AC42
Contra Costa County GENERAL CONDITIONS
Standard Form L-5 (Purchase of Services - Long Form)
Revised 2016
Contractor County Dept.
Form L-5 (Page 6 of 7)
24. No Third-Party Beneficiaries. Nothing in this Contract may be construed to create, and the parties do not intend to create, any rights in third parties.
25. Copyrights, Rights in Data , and Works Made for Hire . Contractor will not publish or transfer any materials produced or resulting from activities supported by this Contract without the express written consent of the County Administrator. All reports, original drawings, graphics, plans, studies and other data and documents, in whatever form or for mat, assembled or prepared by Contactor or Contractor’s subcontractors, consultants, and other agents in connection with this Contract are “works made for hire” (as defined in the Copyright Act, 17 U.S.C. Section 101 et seq., as amended) for County, and Contractor unconditionally and irrevocably transfers and assigns to Agency all right, title, and interest, including all copyrights and other intellectual property rights, in or to the works made for hire. Unless required by law, Contractor shall not publish, transfer, discuss, or disclose any of the above-described works made for hire or any information gathered, discovered, or generated in any way through this Agreement, without County’s prior express written consent. If any of the works made for hire is subject to copyright protection, County reserves the right to copyright such works and Contractor agrees not to copyright such works. If any works made for hire are copyrighted, County reserves a royalty-free, irrevocable license to reproduce, publish, and use the works made for hire, in whole or in part, without restriction or limitation, and to authorize others to do so.
26. Endorsements. In its capacity as a contractor with Contra Costa County, Contractor will not publicly endorse or oppose the use of any particular brand name or commercial product without the prior written approval of the Board of Supervisors. In its County-contractor capacity, Contractor will not publicly attribute qualities or lack of qualities to a particular brand name or commercial product in the absence of a well -established and widely accepted scientific basis for such claims or without the prior written approval of the Board of Supervisors. In its County- contractor capacity, Contractor will not participate or appear in any commercially produced advertisements designed to promote a particular brand name or commercial product, even if Contractor is not publicly endorsing a product, as long as the Contractor's presence in the advertisement can reasonably be interpreted as an endorsement of the product by or on behalf of Contra Costa County. Notwithstanding the foregoing, Contractor may express its views on products to other contractors, the Board of Supervisors, County officers, or others who may be authorized by the Board of Supervi sors or by law to receive such views.
27. Required Audit.
a. If Contractor expends $750,000 or more in federal grant funds in any fiscal year from any source, Contractor must provide to County, at Contractor's expense, an audit conforming to the requirements set forth in the most current version of Code of Federal Regulations, Title 2, Part 200, Subpart F.
b. If Contractor expends less than $750,000 in federal grant funds in any fiscal year from any source, but the grant imposes specific audit requirements, Contractor must provide County with an audit conforming t o those requirements.
c. If Contractor expends less than $750,000 in federal grant funds in any fiscal year from any source, Contractor is exempt from federal audit requirements for that year except as required by Code of Federal Regulations, Title 2, Part 200, Subpart F. Contractor shall make its records available for, and an audit may be required by, appropriate officials of the federal awarding agency, the General Accounting Office , the pass-through entity and/or the County.
If an audit is required, Contractor must provide County with the audit.
Docusign Envelope ID: 9313484F-989F-4026-AD3B-1FD97872AC42
Contra Costa County GENERAL CONDITIONS
Standard Form L-5 (Purchase of Services - Long Form)
Revised 2016
Contractor County Dept.
Form L-5 (Page 7 of 7)
d. With respect to the audits specified in sections (a), (b) and (c) above, Contractor is solely responsible for arranging for the conduct of the audit, and for its cost. County may withhold the estimated cost of the audit or 10 percent of the contract amount, whichever is greater, or the final payment, from Contractor until County receives the audit from Contractor.
28. Authorization. Contractor, or the representative(s) signing this Contract on behalf of Contractor, represents and warrants that it has full power and authority to enter into this Contract and to perform the obligations set forth herein.
29. No Implied Waiver. The waiver by County of any breach of any term or provision of this Contract will not be deemed to be a waiver of such term or provision or of any subsequent breach of the same or any other term or provision contained herein.
Docusign Envelope ID: 9313484F-989F-4026-AD3B-1FD97872AC42
L-1 (Page 1 of 2)
Contra Costa County STANDARD CONTRACT Number 23-856-1
Standard Form L-1 (Purchase of Services - Long Form) Fund/Org # As Coded Revised 2014 Account # As Coded
Other #
1. Contract Identification.
Department: Health Services — Office of the Director/Finance Subject: Youth Basketball Program for Los Medanos Health Area youth and young adults
2. Parties. The County of Contra Costa, California (County), for its Department named above, and the following named Contractor mutually agree and promise as follows:
Contractor: CITY OF PITTSBURG RECREATION DEPARTMENT
Capacity: Government Agency
Address: 65 Civic Drive, Pittsburg, California 94565
3. Term. The effective date of this Contract is January 1, 2026. It terminates on December 31, 2027 unless sooner terminated as provided herein.
4. Payment Limit . County’s total payments to Contractor under this Contract shall not exceed $100,000.
5. County’s Obligations . County shall make to the Contractor those payments described in the Payment Provisions attached hereto which are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein.
6. Contractor’s Obligations. Contractor shall provide those services and carry out that work described in the Service Plan attached hereto which is incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein.
7. General and Special Conditions. This Contract is subject to the General Conditions and Special Conditions (if any) attached hereto, which are incorporated herein by reference.
8. Project. This Contract implements in whole or in part the following described Project, the application and approval documents of which are incorporated herein by reference: Not Applicable
9. Legal Authority. This Contract is entered into under and subject to the following legal authorities:
California Government Code §§ 26227 and 31000.
Docusign Envelope ID: EED83033-0763-4D32-8F6B-B73B30905E1E
Contra Costa County STANDARD CONTRACT Number 23-856-1
Standard Form L-1 (Purchase of Services - Long Form)
Revised 2014
L-1 (Page 2 of 2)
10. Signatures. These signatures attest the parties’ agreement hereto:
COUNTY OF CONTRA COSTA, CALIFORNIA
BOARD OF SUPERVISORS
By
Chairman/Designee
ATTEST: Clerk of the Board of Supervisors
By XXXXXXXXXXXXXXXXXXXXXXXXXXXXX
Deputy
CONTRACTOR
Name of business entity
City of Pittsburg Recreation Department
By
(Signature of individual or officer)
(Print name and title A, if applicable)
Name of business entity
City of Pittsburg Recreation Department
By
(Signature of individual or officer)
(Print name and title B, if applicable)
Note to Contractor: For Corporations (profit or nonprofit), the contract must be signed by two officers. Signature A must be that of the president or vice -president and Signature B must be that of the secretary or assistant secretary (Civil Code Section 1190 and Corporations Code Section 313). All signatures must be acknowledged as set forth on form L-2.
Docusign Envelope ID: EED83033-0763-4D32-8F6B-B73B30905E1E
Docusign Envelope ID: EED83033-0763-4D32-8F6B-B73B30905E1E
Contra Costa County PAYMENT PROVISIONS
Standard Form P-2 (Cost Basis Contracts – Long Form)
Revised 2014 Number 23-856-1
Initials:___________ _____________
Contractor County Dept.
Form P-2 (Page 1 of 2)
1. Payment Basis. Subject to the Payment Limit, payments to Contractor for all services provided for County under this Contract shall only be for allowable costs that are actually incurred in the performance of Contractor’s obligations under this Contract.
2. Payment Amounts. Subject to later adjustments in total payments as provided below and subject to the Payment Limit of this Contract, County will pay Contractor as full compensation for all services, work, expenses or costs provided or incurred by Contractor:
a. $ monthly,
b. $ per unit, as defined in the Service Plan,
c. An amount equal to Contractor’s allowable costs that are actually incurred each month, but subject to the Attachment A (Budget of Estimated Program Expenditures) which is incorporated herein and made a part hereof by reference, or
d. An amount equal to Contractor’s allowable costs that are actually incurred each month, but subject to the “Budget of Estimated Program Expenditures” attached hereto as “Exhibit A”, which has been prepared and submitted by Contractor to County and shall be maintained on file in the offices of County’s Office of the Director, and which is incorporated herein and made a part hereof by reference . Any movement of funds between line items in the budget of estimated program expenditures must have the prior written approval of the Health Services Director, or designee.
3. Allowable Costs. Contractor’s allowable costs are only those which are determined in accordance with:
a. Such State regulations and documents as are set forth in the Service Plan regarding accounting guidelines, including standards for determining allowable or non-allowable costs. b. Department of Health and Human Services Administration of Grants Federal Regulations Title 45 Part 74 including any amendments thereto and the applicable Subpart listed hereunder; and other documents specified in the Service Plan regarding principles fo r determining and allocating the allowable costs of providing the services; and any standards set forth in the Service Plan for determining the allowability of selected items of costs of providing the services.
(1) Federal Management Circular A -87, including any amendments to the circular published in the Federal Register by OMB is to be used for determining allowable costs of activities conducted by state and local governmental agencies.
(2) OMB Circular A-122, including any amendments to the Circular published in the Federal Register by OMB is to be used for determining allowable costs of activities conducted by nonprofit organizations (other than government agencies, educational institutions, and hospitals). (3) 41 CFR Subpart 1-15.2 shall be used for profit organizations other than hospitals. (4) OMB Circular No. A-21, including any amendments to the Circular published in the Federal Register by OMB shall be the principles to be used for determining allowable costs by educational institutions (other than for-profit institutions).
(5) Appendix E Subpart Q Section 74.173 shall be used for determining costs of research, development work, and other activities for determining allowable costs.
Docusign Envelope ID: EED83033-0763-4D32-8F6B-B73B30905E1E
Contra Costa County PAYMENT PROVISIONS
Standard Form P-2 (Cost Basis Contracts – Long Form)
Revised 2014 Number 23-856-1
Initials:___________ _____________
Contractor County Dept.
Form P-2 (Page 2 of 2)
c. Part IV Department of Labor, Employment and Training administration, 20 CFR Part 674, Section 674.402 and any amendments thereto; and California Department of Aging Title V Operations Handbook, 1987, Section 505.4 and any amendments thereto.
4. Payment Demands. Contractor shall submit written demands on County Demand Form D -15 in the manner and form prescribed by County. Contractor shall submit demands for payment no later than 30 days from the end of the month in which the contract services upon which such d emand is based were actually rendered. Upon approval of said payment demands by the head of the County Department for which this Contract is made, or designee, County will make payments as specified in Paragraph 2. (Payment Amounts) above.
5. Penalty for Late Submission. If County is unable to obtain reimbursement from the State of California as a result of Contractor’s failure to submit to County a timely demand for payment as specified in Paragraph 4. (Payment Demands) above, County shall not pay Contractor for such services to t he extent County’s recovery of funding is prejudiced by the delay even though such services were fully provided.
6. Right to Withhold. County has the right to withhold payment to Contractor when, in the opinion of County expressed in writing to Contractor, (a) Contractor’s performance, in whole or in part, either has not been carried out or is insufficiently documented, (b) Contractor has neglected, failed or refused to furnish information or to cooperate with any inspection, review or audit of its program, work or records, or (c) Contractor has failed to sufficiently itemize or document its demand(s) for payment.
7. Cost Report and Settlement. No later than forty-five (45) days following the termination of this Contract, Contractor shall submit to County a cost report in the form required by County, showing the allowable costs that have actually been incurred by Contractor under this Contract. If the cost report shows that the allowable costs actually incurred by Contractor under this Contract exceed the payments made by County, subject nevertheless to the Payment Limit of this Contract, County will remit any such excess amount to Contractor, provided that the payments made, together with any such excess amount, may not exceed the Payment Limit. If the cost report shows that the payments made by County exceed the allowable costs actually incurred by Contractor under this Contract, Contractor shall remit any such excess amount to County.
8. Audits. The records of Contractor may be audited by the County, State, or United States government, in addition to any certified cost report or audit required by the Service Plan. Any certified cost report or audit required by the Service Plan shall be submitted to County by Contractor within such period of time as may be expressed by applicable state or federal regulations, policies or contracts, but in no event later than 18 months from the termination date of this Contract. If such audit(s) show that the payments made by County exceed the allowable costs that have actually been incurred by Contractor under this Contract, including any adjustments made pursuant to Paragraph 7. (Cost Report and Settlement), then Contractor shall pay County within 30 days of demand by County any such excess amount. If such audit(s) show that the allowable costs that have actually been incurred by Contractor under this Contract exceed the payments made by County, including any adjustments made pursuant to Paragraph 7. ( Cost Report and Settlement), then County agrees to pay Contractor any such excess amount, provided that payments made, together with any such excess payment, may not exceed the contract Payment Limit.
9. Audit Exceptions . In addition to its obligations under Paragraph 8 . ( Audits) above, Contractor agrees to accept responsibility for receiving, replying to, and/or complying with any audit exceptions by appropriate county, state or federal audit agencies resulting from its performance of this Contract. Within 30 days of dema nd, Contractor shall pay County the full amount of County’s obligation, if any, to the state and/or federal government resulting from any audit exceptions, to the extent such are att ributable to Contractor’s failure to perform properly any of its obligations under this Contract.
Docusign Envelope ID: EED83033-0763-4D32-8F6B-B73B30905E1E
Exhibit A
BUDGET OF ESTIMATED PROGRAM EXPENDITURES
Number 23-856-1
A.
1. a. Personnel Salaries and Benefits 16,008$
b. Operational Costs (Direct) 75,370
c. Indirect Costs 8,622
2. 100,000$
B.
(To be collected and provided by Contractor) 0
C. 100,000$
D.
1. 2.
E.
F.
G.
No later than April 30th of each fiscal year period under this Contract, Contractor shall deliver a written Budget Report to the Department’s Health Services Director, or designee stating whether or not the budgeted amounts set forth in this Budget of Estimated Program Expenditures for the Total Gross Allowable Program Cost and the Total Projected Non-County Program Revenue for the respective fiscal year period hereunder accurately reflect the actual cost for the Service Program. If any of these program budget amounts need to be changed, Contractor shall include in its Budget Report a complete copy of the revised Budget of Estimated Program Expenditures, an explanation of the program budget and revenue changes, and a request for prior written authorization to implement the changes in accordance with Paragraph E, above, subject to Payment Provisions, Paragraph 7. (Cost Report and Settlement).
TOTAL CONTRACT PAYMENT LIMIT : $ 100,000
CHANGES IN COST CATEGORY AMOUNTS
Subject to the Total Payment Limit, and subject to State guidelines, each cost category Subtotal Amount set forth above:
May vary within each program by up to 15% without approval by County; and May be changed in excess of 15% in any fiscal year period provided, however, that Contractor has obtained written authorization prior to April 30th that fiscal year period under this Contract from the Health Services Director, or designee before implementing any such budget changes.
PROGRAM BUDGET CHANGES
Subject to the Contract Payment Limit and subject to State guidelines, Contractor may make changes in the total amounts set forth above for the Total Gross Allowable Program Cost and the Total Projected Non-County Program Revenue, provided, however, that Contractor has obtained written authorization prior to April 30th of each fiscal year period under this Contract, from the Department’s Health Services Director, or designee in accordance with Paragraph G, below, before implementing any such budget changes.
CONTRACTOR BUDGET
Contractor will submit to County, for informational purposes upon request, its total Corporation budget including: all program budgets, all revenue sources and projected revenue amounts, all cost allocations, and line item breakdown of budget categories to include salary levels listed by job classification as well as detailing of operational and administrative expenses by cost center and listing numbers of staff positions by job classification.
BUDGET REPORT
NET ALLOWABLE TOTAL COSTS
GROSS OPERATIONAL BUDGET
Cost Reimbursement Categories
Total Gross Allowable Program Costs
LESS PROJECTED NON-COUNTY PROGRAM REVENUES
Initials: _________ ___________
Contractor County Dept.
Docusign Envelope ID: EED83033-0763-4D32-8F6B-B73B30905E1E
Contra Costa County SERVICE PLAN
Standard Form L-3
Revised 2014 Number 23-856-1
Initials:__________ ____________
Contractor County Dept.
Form L-3 (Page 1 of 1)
A. Contractor’s Obligations. Contractor shall provide a ten (10) week youth and young adult basketball program annually for up to two-hundred (200) young participants’ total from the ages seven (7) to twenty-four (24) in the Los Medanos Health Area s throughout the Contract Term , including but not limited to, the following:
i. Enroll up to one -hundred (100) participants’ annually in a ten (10) week youth and young adult basketball program;
ii. Provide and collect registration materials from participants’; iii. Track participants’ attendance;
iv. Provide ten (10) community resource workshops annually, to improve participants’ access to local resources. This also includes pre and post program surveys to measure participants’ understanding of resources available;
v. Provide participants’ with improved mental and physical health through increased physical activity.
This also includes pre and post program surveys to measure participants’ mental and physical health improvements; and
vi. Provide a safe space that will aim to give participant s’ a sense of belonging and pride in their community. This also includes pre and post program surveys to measure participants ’ sense of belonging and safety.
Docusign Envelope ID: EED83033-0763-4D32-8F6B-B73B30905E1E
Contra Costa County GENERAL CONDITIONS
Standard Form L-5 (Purchase of Services - Long Form)
Revised 2016
Contractor County Dept.
Form L-5 (Page 1 of 7)
1. Compliance with Law. Contractor is subject to and must comply with all applicable federal, state, and local laws and regulations with respect to its performance under this Contract, including but not limited to, licensing, employment, and purchasing practices; and wages, hours, and conditions of employment, including nondiscrimination.
2. Inspection. Contractor's performance, place of business, and records pertaining to this Contract are subject to monitoring, inspection, review and audit by authorized representatives of the County, the State of California, and the United States Government.
3. Records. Contractor must keep and make available for inspection and copying by authorized representatives of the County, the State of California, and the United States Government, the Contractor's regular business records and such additional records pertaining to this Contract as may be required by the County.
a. Retention of Records. Contractor must retain all documents pertaining to this Contract for five years from the date of submission of Contractor's final payment demand or final Cost Report; for any further period that is required by law; and until all federal/state audits are complete and exceptions resolved for this Contract's funding period. Upon request, Contractor must make these records available to authorized representatives of the County, the State of California, and the United States Government.
b. Access to Books and Records of Contractor, Subcontractor . Pursuant to Section 1861(v)(1) of the Social Security Act, and any regula tions promulgated thereunder, Contractor must, upon written request and until the expiration of five years after the furnishing of services pursuant to this Contract, make available to the County, the Secretary of Healt h and Human Services, or the Comptroller General, or any of their duly authorized representatives, this Contract and books, documents, and records of Contractor necessary to certify the nature and extent of all costs and charges hereunder.
Further, if Contractor carries out any of the duties of this Contract through a subcontract with a value or cost of $10,000 or more over a twelve-month period, such subcontract must contain a clause to the effect that upon written request and until the expiration of five years after the furnishing of services pursuant to such subcontract, the subcontractor must make available to the County, the Secretary, the Comptroller General, or any of their duly authorized representatives, the subcontract and books, documents, and re cords of the subcontractor necessary to verify the nature and extent of all costs and charges thereunder.
This provision is in addition to any and all other terms regarding the maintenance or retention of records under this Contract and is binding on the heirs, successors, assigns and representatives of Contractor.
4. Reporting Requirements. Pursuant to Government Code Section 7550, Contractor must include in all documents and written reports completed and submitted to County in accordance with this Contrac t, a separate section listing the numbers and dollar amounts of all contracts and subcontracts relating to the preparation of each such document or written report. This section applies only if the Payment Limit of this Contract exceeds $5,000.
Docusign Envelope ID: EED83033-0763-4D32-8F6B-B73B30905E1E
Contra Costa County GENERAL CONDITIONS
Standard Form L-5 (Purchase of Services - Long Form)
Revised 2016
Contractor County Dept.
Form L-5 (Page 2 of 7)
5. Termination and Cancellation.
a. Written Notice. This Contract may be terminated by either party, in its sole discretion, upon thirty- day advance written notice thereof to the other, and may be cancelled immediately by written mutual consent.
b. Failure to Perform. County, upon written notice to Contractor, may immediately terminate this Contract should Contractor fail to perform properly any of its obligations hereunder. In the event of such termination, County may proceed with the work in any reasonable manner it chooses. The cost to County of completing Contractor's performance will be deducted from any sum due Contractor under this Contract, without prejudice to County's rights to recover damages.
c. Cessation of Funding. Notwithstanding any contrary language in Paragraphs 5 and 11, in the event that federal, state, or other non-County funding for this Contract ceases, this Contract is terminated without notice.
6. Entire Agreement. This Contract contains all the terms and conditions agreed upon by the parties. Except as expressly provided herein, no other understanding, oral or otherwise, regarding the subject matter of this Contract will be deemed to exist or to bind any of the parties hereto.
7. Further Specifications for Operating Procedures. Detailed specifications of operating procedures and budgets required by this Contract, including but not limited to, monitoring, evaluating, auditing, billing, or regulatory changes, may be clarified in a written letter signed by Contractor and the department head, or designee, of the county department on whose behalf this Contract is made. No written clarification prepared pursuant to this Section will operate as an amendment to, or be considered to be a part of, this Contract.
8. Modifications and Amendments.
a. General Amendments. In the event that the total Payment Limit of this Contract is less than $200,000 and this Contract was executed by the County’s Purchasing Agent, this Contract may be modified or amended by a written document executed by Contractor and th e County’s Purchasing Agent or the Contra Costa County Board of Supervisors, subject to any required state or federal approval. In the event that the total Payment Limit of this Contract exceeds $200,000 or this Contract was initially approved by the Board of Supervisors, this Contract may be modified or amended only by a written document executed by Contractor and the Contra Costa County Board of Supervisors or, after Board approval, by its designee, subject to any required state or federal approval.
b. Minor Amendments. The Payment Provisions and the Service Plan may be amended by a written administrative amendment executed by Contractor and the County Administrator (or designee), subject to any required state or federal approval, provided that such administrative amendment may not increase the Payment Limit of this Contract or reduce the services Contractor is obligated to provide pursuant to this Contract.
9. Disputes. Disagreements between County and Contractor concerning the meaning, requirements, or performance of this Contract shall be subject to final written determination by the head of the county department for which this Contract is made, or his designee, or i n accordance with the applicable procedures (if any) required by the state or federal government.
Docusign Envelope ID: EED83033-0763-4D32-8F6B-B73B30905E1E
Contra Costa County GENERAL CONDITIONS
Standard Form L-5 (Purchase of Services - Long Form)
Revised 2016
Contractor County Dept.
Form L-5 (Page 3 of 7)
10. Choice of Law and Personal Jurisdiction.
a. This Contract is made in Contra Costa County and is governed by, and must be construed in accordance with, the laws of the State of California.
b. Any action relating to this Contract must be instituted and prosecuted in the courts of Contra Costa County, State of California.
11. Conformance with Federal and State Regulations and Laws . Should federal or state regulations or laws touching upon the subject of this Contract be adopted or revised during the term hereof, this Contract will be deemed amended to assure conformance with such federal or state requirements.
12. No Waiver by County. Subject to Paragraph 9. (Disput es) of these General Conditions, inspections or approvals, or statements by any officer, agent or employee of County indicating Contractor's performance or any part thereof complies with the requirements of this Contract, or acceptance of the whole or any part of said performance, or payments therefor, or any combination of these acts, do not relieve Contractor's obligation to fulfill this Contract as prescribed; nor is the County thereby prevented from bringing any action for damages or enforcement arisi ng from any failure to comply with any of the terms and conditions of this Contract.
13. Subcontract and Assignment. This Contract binds the heirs, successors, assigns and representatives of Contractor.
Prior written consent of the County Administrator or h is designee, subject to any required state or federal approval, is required before the Contractor may enter into subcontracts for any work contemplated under this Contract, or before the Contractor may assign this Contract or monies due or to become due, by operation of law or otherwise.
14. Independent Contractor Status. The parties intend that Contractor, in performing the services specified herein, is acting as an independent contractor and that Contractor will control the work and the manner in which it is performed.
This Contract is not to be construed to create the relationship between the parties , or between County and any Contractor employee, of agent, servant, employee, partnership, joint venture, or association. Neither Contractor, nor any of its employees, is a County employee. This Contract does not give Contractor, or any of its employees, any right to participate in any pension plan, workers’ compensation plan, insurance, bonus, or similar benefits County provides to its employees. In the event that County exercises its right to terminate this Contract, Contractor expressly agrees that it will have no recourse or right of appeal under any rules, regulations, ordinances, or laws applicable to employees.
15. Conflicts of Interest. Contractor covena nts that it presently has no interest and that it will not acquire any interest, direct or indirect, that represents a financial conflict of interest under state law or that would otherwise conflict in any manner or degree with the performance of its services hereunder. Contractor further covenants that in the performance of this Contract, no person having any such interests will be employed by Contractor. If requested to do so by County, Contractor will complete a “Statement of Economic Interest” form an d file it with County and will require any other person doing work under this Contract to complete a “Statement of Economic Interest” form and file it with County.
Contractor covenants that Contractor, its employees and officials, are not now employed by County and have not been so employed by County within twelve months immediately preceding this Contract; or, if so employed, did not then and do not now occupy a position that would create a conflict of interest under Government Code section 1090. In Docusign Envelope ID: EED83033-0763-4D32-8F6B-B73B30905E1E
Contra Costa County GENERAL CONDITIONS
Standard Form L-5 (Purchase of Services - Long Form)
Revised 2016
Contractor County Dept.
Form L-5 (Page 4 of 7)
addition to any indemnity provided by Contractor in this Contract, Contractor will indemnify, defend, and hold the County harmless from any and all claims, investigations, liabilities, or damages resulting from or related to any and all alleged conflicts of interest. Contractor warrants that it has not provided, attempted to provide, or offered to provide any money, gift, gratuity, thing of value, or compensation of any kind to obtain this Contract.
16. Confidentiality. To the extent allowed under the California Public Records Act, Contractor agrees to comply and to require its officers, partners, associates, agents and employees to comply with all applicable state or federal statutes or regulations respecting confidentiality, including but not limited to, the identity of persons served under this Contract, their records, or services provided them, and assures that no person will publish or disclose or permit or cause to be published or disclosed, any list of persons rece iving services, except as may be required in the administration of such service. Contractor agrees to inform all employees, agents and partners of the above provisions, and that any person knowingly and intentionally disclosing such information other than as authorized by law may be guilty of a misdemeanor.
17. Nondiscriminatory Services. Contractor agrees that all goods and services under this Contract will be available to all qualified persons regardless of age, gender, race, religion, color, national origin, ethnic background, disability, or sexual orientation, and that none will be used, in whole or in part, for religious worship.
18. Indemnification. Contractor will defend, indemnify, save, and hold harmless County and its officers and employees from any a nd all claims, demands, losses, costs, expenses, and liabilities for any damages, fines, sickness, death, or injury to person(s) or property, including any and all administrative fines, penalties or costs imposed as a result of an administrative or quasi-judicial proceeding, arising directly or indirectly from or connected with the services provided hereunder that are caused, or claimed or alleged to be caused, in whole or in part, by the negligence or willful misconduct of Contractor, its officers, employees, agents, contractors, subcontractors, or any persons under its direction or control.
If requested by County, Contractor will defend any such suits at its sole cost and expense. If County elects to provide its own defense, Contractor will reimburse County for any expenditures, including reasonable attorney’s fees and costs.
Contractor’s obligations under this section exist regardless of concurrent negligence or willful misconduct on the part of the County or any other person; provided, however, that Contractor is not required to indemnify County for the proportion of liability a court determines is attributable to the sole negligence or willful misconduct of the County, its officers and employees. This provision will survive the expiration or termination of this Contract.
19. Insurance. During the entire term of this Contract and any extension or modification thereof, Contractor shall keep in effect insurance policies meeting the following insurance requirements unless otherwise expressed in the Special Conditions:
a. Commercial General Liability Insurance. For all contracts where the total payment limit of the contract is $500,000 or less, Contractor will provide commercial general liability insurance, including coverage for business losses and for owned a nd non-owned automobiles, with a minimum combined single limit coverage of $500,000 for all damages, including consequential damages, due to bodily injury, sickness or disease, or death to any person or damage to or destruction of property, including the l oss of use thereof, arising from each occurrence. Such insurance must be endorsed to include County and its officers and employees as additional insureds as to all services performed by Contractor under this Contract. Said policies must constitute primar y insurance as to County, the state and federal governments, and their officers, agents, and employees, so that other insurance policies held by Docusign Envelope ID: EED83033-0763-4D32-8F6B-B73B30905E1E
Contra Costa County GENERAL CONDITIONS
Standard Form L-5 (Purchase of Services - Long Form)
Revised 2016
Contractor County Dept.
Form L-5 (Page 5 of 7)
them or their self -insurance program(s) will not be required to contribute to any loss covered under Contractor ’s insurance policy or policies. Contractor must provide County with a copy of the endorsement making the County an additional insured on all commercial general liability policies as required herein no later than the effective date of this Contract. For all contracts where the total payment limit is greater than $500,000, the aforementioned insurance coverage to be provided by Contractor must have a minimum combined single limit coverage of $1,000,000.
b. Workers' Compensation. Contractor must provide workers' compensation insurance coverage for its employees.
c. Certificate of Insurance. The Contractor must provide County with (a) certificate(s) of insurance evidencing liability and worker's compensation insurance as required herein no later than the effective date of this Contract. If Contractor should renew the insurance policy(ies) or acquire either a new insurance policy(ies) or amend the coverage afforded through an endorsement to the policy at any time during the term of this Contract, then Contractor must provide (a) current certificate(s) of insurance.
d. Additional Insurance Provisions. No later than five days after Contractor’s receipt of: (i) a notice of cancellation, a notice of an intention to cancel, or a notice of a lapse in any of Contractor’s insurance coverage required by this Contract; or (ii) a notice of a material change to Contractor’s insurance coverage required by this Contract, Contractor will provide Department a copy of such notice of cancellation, notice of intention to cancel, notice of lapse of coverage, or notice of material change. Contractor’s failure to provide Department the notice as required by the preceding sentence is a default under this Contract
20. Notices. All notices provided for by this Contract must be in writing and may be delivered by deposit in the United States mail, postage prepaid. Notices to County must be addressed to the head of the county department for which this Contract is made. Notices to Contractor must be addressed to the Contractor's address designated herein. The effective date of notice is the date of deposit in the mails or of othe r delivery, except that the effective date of notice to County is the date of receipt by the head of the county department for which this Contract is made.
21. Primacy of General Conditions. In the event of a conflict between the General Conditions and the Special Conditions, the General Conditions govern unless the Special Conditions or Service Plan expressly provide otherwise.
22. Nonrenewal. Contractor understands and agrees that there is no representation, implication, or understanding that the services pro vided by Contractor under this Contract will be purchased by County under a new contract following expiration or termination of this Contract, and Contractor waives all rights or claims to notice or hearing respecting any failure to continue purchasing all or any such services from Contractor.
23. Possessory Interest. If this Contract results in Contractor having possession of, claim or right to the possession of land or improvements, but does not vest ownership of the land or improvements in the same person, or if this Contract results in the placement of taxable improvements on tax exempt land (Revenue & Taxation Code Section 107), such interest or improvements may represent a possessory interest subject to property tax, and Contractor may be subject to the payment of property taxes levied on such interest. Contractor agrees that this provision complies with the notice requirements of Revenue & Taxation Code Section 107.6, and waives all rights to further notice or to damages under that or any comparable statute.
Docusign Envelope ID: EED83033-0763-4D32-8F6B-B73B30905E1E
Contra Costa County GENERAL CONDITIONS
Standard Form L-5 (Purchase of Services - Long Form)
Revised 2016
Contractor County Dept.
Form L-5 (Page 6 of 7)
24. No Third-Party Beneficiaries. Nothing in this Contract may be construed to create, and the parties do not intend to create, any rights in third parties.
25. Copyrights, Rights in Data , and Works Made for Hire . Contractor will not publish or transfer any materials produced or resulting from activities supported by this Contract without the express written consent of the County Administrator. All reports, original drawings, graphics, plans, studies and other data and documents, in whatever form or for mat, assembled or prepared by Contactor or Contractor’s subcontractors, consultants, and other agents in connection with this Contract are “works made for hire” (as defined in the Copyright Act, 17 U.S.C. Section 101 et seq., as amended) for County, and Contractor unconditionally and irrevocably transfers and assigns to Agency all right, title, and interest, including all copyrights and other intellectual property rights, in or to the works made for hire. Unless required by law, Contractor shall not publish, transfer, discuss, or disclose any of the above-described works made for hire or any information gathered, discovered, or generated in any way through this Agreement, without County’s prior express written consent. If any of the works made for hire is subject to copyright protection, County reserves the right to copyright such works and Contractor agrees not to copyright such works. If any works made for hire are copyrighted, County reserves a royalty-free, irrevocable license to reproduce, publish, and use the works made for hire, in whole or in part, without restriction or limitation, and to authorize others to do so.
26. Endorsements. In its capacity as a contractor with Contra Costa County, Contractor will not publicly endorse or oppose the use of any particular brand name or commercial product without the prior written approval of the Board of Supervisors. In its County-contractor capacity, Contractor will not publicly attribute qualities or lack of qualities to a particular brand name or commercial product in the absence of a well -established and widely accepted scientific basis for such claims or without the prior written approval of the Board of Supervisors. In its County- contractor capacity, Contractor will not participate or appear in any commercially produced advertisements designed to promote a particular brand name or commercial product, even if Contractor is not publicly endorsing a product, as long as the Contractor's presence in the advertisement can reasonably be interpreted as an endorsement of the product by or on behalf of Contra Costa County. Notwithstanding the foregoing, Contractor may express its views on products to other contractors, the Board of Supervisors, County officers, or others who may be authorized by the Board of Supervi sors or by law to receive such views.
27. Required Audit.
a. If Contractor expends $750,000 or more in federal grant funds in any fiscal year from any source, Contractor must provide to County, at Contractor's expense, an audit conforming to the requirements set forth in the most current version of Code of Federal Regulations, Title 2, Part 200, Subpart F.
b. If Contractor expends less than $750,000 in federal grant funds in any fiscal year from any source, but the grant imposes specific audit requirements, Contractor must provide County with an audit conforming t o those requirements.
c. If Contractor expends less than $750,000 in federal grant funds in any fiscal year from any source, Contractor is exempt from federal audit requirements for that year except as required by Code of Federal Regulations, Title 2, Part 200, Subpart F. Contractor shall make its records available for, and an audit may be required by, appropriate officials of the federal awarding agency, the General Accounting Office , the pass-through entity and/or the County.
If an audit is required, Contractor must provide County with the audit.
Docusign Envelope ID: EED83033-0763-4D32-8F6B-B73B30905E1E
Contra Costa County GENERAL CONDITIONS
Standard Form L-5 (Purchase of Services - Long Form)
Revised 2016
Contractor County Dept.
Form L-5 (Page 7 of 7)
d. With respect to the audits specified in sections (a), (b) and (c) above, Contractor is solely responsible for arranging for the conduct of the audit, and for its cost. County may withhold the estimated cost of the audit or 10 percent of the contract amount, whichever is greater, or the final payment, from Contractor until County receives the audit from Contractor.
28. Authorization. Contractor, or the representative(s) signing this Contract on behalf of Contractor, represents and warrants that it has full power and authority to enter into this Contract and to perform the obligations set forth herein.
29. No Implied Waiver. The waiver by County of any breach of any term or provision of this Contract will not be deemed to be a waiver of such term or provision or of any subsequent breach of the same or any other term or provision contained herein.
Docusign Envelope ID: EED83033-0763-4D32-8F6B-B73B30905E1E
STAFF REPORT
MEETING DATE: March 16, 2026
TO: Mayor and Council Members
FROM: Darin E. Gale‚ City Manager
Kolette Simonton, Director of Recreation
SUBJECT: Adoption of a City Council Resolution to Accept Grant Funds from Contra Costa County District V Community Impact
Funds, Authorize the City Manager to Execute the
Agreement, and Amend FY 2025-26 Recreation Department
Budget
EXECUTIVE SUMMARY
Contra Costa County has awarded the City of Pittsburg grant funds in the amount of $20,760 to support programs and services for the senior community at the Pittsburg Senior Center from the District V Community Impact Fund. Staff is requesting adoption of a resolution to execute the contract, accept the grant funds and amend the FY 2025- 26 Recreation Department budget.
FISCAL IMPACT
If approved, the resolution will authorize the acceptance of grant funds and will amend the Miscellaneous Grants Fund Recreation department's revenue and expenditures budget by $20,760 in Fiscal Year 2025-26. No additional appropriations from the General Fund are required for the receipt of the grant since no matching funds are required. Eligible funds for this grant must be expensed between February 1, 2026 and January 31, 2027.
RECOMMENDATION
City Council adopt the resolution authorizing acceptance of $20,760 grant from Contra Costa County and amend the Fiscal Year 2025-26 Miscellaneous Grants Fund Recreation department budget.
BACKGROUND
In Fiscal Year 2025–26, the Contra Costa County Board of Supervisors established a $5 million Community Impact Fund to address locally identified needs and to advance equitable outcomes across the County. The program allocates $1 million to each of the County’s five supervisorial districts to support community-based, non-profit organizations serving district residents.
The Community Impact Fund is supported by one-time funding derived from former FEMA COVID-19 reserve funds. The Board directed these funds toward projects that mitigate health and economic disparities and improve outcomes in the areas of housing stability, education, community services, and economic opportunity.
Grant awards are generally capped at $50,000 per project. Applications were accepted in late 2025 and early 2026, with a submission deadline of February 27, 2026. Award announcements are anticipated on a district-by-district basis, with some districts, including West Contra Costa, expected to announce funding decisions by the end of March 2026.
In District 5, community workshops were conducted in early 2025 to gather public input on priority needs, including strengthening community services and infrastructure.
Consistent with the Board’s direction, the initiative emphasizes equity and community- driven solutions. Supervisors hosted town halls and outreach efforts to ensure funding priorities reflect community feedback and address disparities identified by residents.
The Community Impact Fund represents a one-time investment in locally driven strategies designed to produce measurable improvements in health, housing, education, and economic outcomes throughout Contra Costa County.
Staff submitted a grant application under the County’s 2025–26 Community Impact Fund to expand and enhance health, wellness, and social engagement programming at the Pittsburg Senior Center. The proposal aligned with the Fund’s priorities of improving health outcomes, advancing equity, and strengthening community-based services in our senior community. The Department’s application was subsequently awarded funding to implement and support targeted programming for older adults.
SUBCOMMITTEE FINDINGS
This item was not discussed during a subcommittee meeting.
STAFF ANALYSIS
The Recreation Department provides programs and activities to enhance the quality of life of Pittsburg residents. These programs are essential to building healthy, resilient communities as they address physical health, mental well-being, social connection, and community safety in a comprehensive and accessible way.
Funding from the Community Impact Fund will be used to deliver structured programs at the Pittsburg Senior Center, including “Young at Heart Strength Training”, “Everybody Loves Line Dance”, and a new “Intergenerational Program”.
These initiatives are designed to promote physical fitness, independence, and meaningful community connection among older adults, while also fostering cross- generational engagement.
The “Young at Heart Strength Training” program will provide low-impact, supervised strength-building exercises focused on improving mobility, balance, and fall prevention.
These activities are intended to support participants in maintaining independence and reducing health risks associated with aging.
The “Everybody Loves Line Dance” program will offer instructor-led sessions that enhance coordination, flexibility, and cardiovascular health. In addition to physical benefits, the program provides a structured social environment that encourages peer interaction and reduces social isolation.
The new “Intergenerational Program” will create opportunities for older adults and younger community members to participate in shared activities that promote mutual learning, mentorship, and community bonding. By fostering meaningful relationships across generations, the program supports social cohesion and addresses isolation among seniors while encouraging youth engagement and civic connection.
Collectively, these programs advance the Community Impact Fund’s objectives by improving health and wellness outcomes, promoting equity in access to recreational services, and strengthening community connections within Pittsburg. The award enables the Recreation Department to expand its service capacity and deliver measurable benefits to older adults and the broader community.
ATTACHMENTS: Resolution
CIF District V Contract – Pittsburg Senior Center83831
BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG
In the Matter of:
Authorizing the Acceptance of Grant )
Funds from Contra Costa County )
District V Community Impact Grant Funds, ) RESOLUTION NO. 26- Execution of an Agreement, And Amending )
FY 2025-26 Recreation Department Budget )
WHEREAS, the City applied for and was awarded grant funds in the amount of $20,760 from the Contra Costa County’s 2025–26 District V Community Impact Fund to expand and enhance health, wellness, and social engagement programming at the Pittsburg Senior Center; and
WHEREAS, funding from the Community Impact Fund will be used to deliver structured programs at the Pittsburg Senior Center, including “Young at Heart Strength Training”, “Everybody Loves Line Dance”, and a new “Intergenerational Program”, programs designed to promote physical fitness, independence, and meaningful community connection among older adults, while also fostering cross-generational engagement; and
WHEREAS, staff recommends that the City execute the contract, accept these funds and authorize their use for recreation programs as proposed in this resolution, and amend the FY 2025/26 Miscellaneous Grants Fund Recreation department budget.
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby accepts grant funds from Contra Costa County District V Community Impact Funds, authorizes the City Manager to execute the agreement, and amends FY 2025-26 Recreation Department Budget.
PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 16th day of March 2026 by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
___________________
Dionne Adams, Mayor
ATTEST:
_______________________
Alice E. Evenson, City Clerk
Contra Costa County INTERAGENCY AGREEMENT Number
Standard Form A-4 (Agency Provides Services) Fund/Org# 1100 Revised 2002 Account # 2310
Other # GR-CIF5
1. Contract Identification.
Department: District 5
Subject: Community Impact Fund - City of Pittsburg (Senior Center)
2. Parties. The County of Contra Costa, California (County), for its Department named above, and the following named Agency mutually agree and promise as follows:
Agency: City of Pittsburg (Senior Center) (“Agency” and/or “Contractor”) Capacity: A public agency
A
ddress: 65 Civic Ave, Pittsburg, CA 94565
3. Term. The effective date of this Agreement is February 1, 2026 and it terminates on January 31, 2027 unless sooner terminated as provided herein.
4. Payment Limit. County's total payments to Agency under this Agreement shall not exceed $20,760 .
5. County's Obligations. County shall pay Agency for its provision of the services as set forth in the attached Payment Provisions which are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein.
6. Agency's Obligations. Agency shall provide those services and carry out that work described in the Service Plan attached hereto which is incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein.
7. General and Special Conditions. This Agreement is subject to the General Conditions and Special Conditions (if any) attached hereto, which are incorporated herein by reference.
8. Project. This Agreement implements in whole or in part the following described Project, the application and approval documents of which are incorporated herein by reference: Community Impact Fund - City of Pittsburg (Senior Center)
9. Legal Authority. This Agreement is entered into under and subject to the following legal authorities:
Government Code 23004(c)
10. Signatures. These signatures attest the parties' agreement hereto:
COUNTY OF CONTRA COSTA, CALIFORNIA
BOARD OF SUPERVISORS
Approved by the Board of Supervisors. February 10,
2026 (Agenda Item C.2)
By
Chairman/Designee
Recommended by Department
By
AGENCY
By
(Signature of authorized Agency representative)
Darin Gale, City Manager
By
(Signature of authorized Agency representative)
(Print name and title B)
Form A-4 (Page 1 of 1)
Docusign Envelope ID: 009FE158-E7D0-4A9F-A31A-01FAF3B4CB14
S
ERVICE PLAN
A. Program Description.
The Contractor will support health, wellness, and social engagement programs at the Pittsburg Senior Center, including Young at Heart Strength Training, Everybody Loves Line Dance, and a new Intergenerational Program.
These initiatives promote physical fitness, independence, and community connection for older adults and foster meaningful relationships across generations. Activities include low-impact strength training to improve mobility and balance, line dancing to enhance coordination and cardiovascular health, and intergenerational sessions that encourage mutual learning and community bonding.
B. Agency's Obligations. During the term of this Contract, Agency shall provide the following Deliverables and report on the following Performance Measures. Agency shall use the Community Impact Fund allocation solely for the following:
a. De liverables
T
he Contractor will facilitate Young at Heart Strength Training classes focused on safe, age-appropriate exercises to improve strength, balance, and flexibility. Conduct Everybody Loves Line Dance sessions that provide a fun, inclusive environment for movement and social interaction. Launch and guide the new Intergenerational Program, including planning activities, securing a qualified facilitator, and providing program supplies to support engagement across age groups.
b. Performance Measures
• Track participation and attendance for all classes and programs. • Collect participant feedback on program quality, health benefits, and social engagement. • Monitor implementation of the intergenerational program, including facilitator engagement.
C. Payment Provisions.
T
he Total Payment Limit related to this contract shall not exceed $20,760 and will be allocated on the following schedule:
a. 100% of the Total Payment Limit upon execution of this Contract.
A
ny project funds that are unspent at the conclusion of this contract shall be returned to the County at the following address:
Contra Costa County
Attn: Community Impact Fund Program
1025 Escobar Street, 4
th
Floor
Martinez, CA 94553
In the memo section of your return check, please include “CIF Contract # D506”.
D. Reporting.
The Agency shall provide the following reports on the status of the program identified in Section A above:
a. Form of Report. The Agency shall provide the reports specified in this Section using the electronic Reporting Form accessed at:
Docusign Envelope ID: 009FE158-E7D0-4A9F-A31A-01FAF3B4CB14
Link: https://forms.office.com/g/FEY6GAg1tD QR Code:
b. Community Impact Fund Contract ID. Each Community Impact Fund Contractor has been provided an Unique Reporting Identification Code (URIC) for use during reporting only.
The URIC for this Contract is: D506
c. Final Report. The Contractor shall provide a Final Report following conclusion of the program or not later than January 31, 2027, whichever comes first.
Docusign Envelope ID: 009FE158-E7D0-4A9F-A31A-01FAF3B4CB14