Document alpinecountyca_gov_doc_9900596154

BOARD OF SUPERVISORS COUNTY OF ALPINE, STATE OF CALIFORNIA AGENDA REGULAR MEETING TUESDAY, NOVEMBER 5, 2019 09:00 AM OPEN SESSION – 09:00 AM Donald Jardine District 1 Board Chambers Ron Hames District 2 – Vice Chair County Administration Building Katherine Rakow District 3 99 Water Street Terry Woodrow District 4 Markleeville, CA – 96120 David Griffith District 5 - Chair Nichole Williamson David Prentice Teola L. Tremayne County Administrative Officer County Counsel County Clerk and [PHONE REDACTED] [PHONE REDACTED] Ex-officio Clerk to the Board [PHONE REDACTED] The Board of Supervisors welcomes you to its meetings, which are regularly scheduled for the first and third Tuesday of each month. Your participation and interest are encouraged and appreciated. All members of the public are encouraged to participate in the discussion on any items on the agenda at the time the items come up for board consideration. Speakers are requested to identify themselves before speaking. Any person may also make comments during the scheduled Oral Communication – Public Comment period on items of interest, within the subject matter jurisdiction of the board, that are not listed on the posted agenda. No action will be taken on any oral communication item. All oral communications must be directed to the board as a whole, not to individual board members and not to the audience. Any written materials relating to an agenda item to be discussed in open session that are distributed within 72 hours prior to the meeting will be made available for public inspection at the time the materials are distributed to members of the Board of Supervisors. All proceedings are conducted in English. The Board is committed to making its proceedings accessible to all citizens. Individuals with special needs may call [PHONE REDACTED]. All inquiries must be made at least 48 hours prior to the meeting. So far as is practical, unless otherwise altered by the Chair of the Board, the order of business for the Board meeting is as follows. Please note that designated times are for that particular item only. ---PAGE BREAK--- Board of Supervisors Agenda for Tuesday November 5, 2019 Page 2 DRAFT for Agenda Review 1. CALL TO ORDER REGULAR MEETING 2. OPEN SESSION - PLEDGE OF ALLEGIANCE 3. ORAL COMMUNICATION - GENERAL PUBLIC COMMENT This portion of the meeting is an opportunity for members of the public to address the Board of Supervisors on subjects relating to county business. No action can be taken on matters not listed on the agenda. Each member of the public who wishes to address the Board shall be allotted three minutes and no more than three individuals shall address the same subject. Time permitting, at the discretion of the Chair, time allotted may be increased or decreased depending on the number of speakers and available time. 4. DEPARTMENT ANNOUNCEMENTS 5. BOARD MEMBER'S ANNOUNCEMENTS OR REPORTS 6. CONSENT AGENDA These matters are expected to be routine and non-controversial and are usually approved by a single majority vote without discussion. Items can be removed from the consent agenda to be discussed and considered separately. Prior to approval of the consent agenda the chair will announce that comments or questions will be taken from members of the public, staff or the Board on consent agenda items when the comment does not necessitate the item being removed for separate action. 6.1. Request Approval of Regular Meeting Minutes of 10/15/2019 - County Clerk 6.2. Request approval of County Claims. - County Clerk 6.3. Request approval of employment Contract between Alpine County and Nichole Williamson, Chief Administrative Officer/Health and Human Services Director, effective October 1, 2019 through September 30, 2023. - Deputy CAO to Personnel and Risk Management 6.4. Request approval to extend Monday, December 24th, 2019 for the Christmas Eve half day holiday to a full day holiday for County Staff. - CAO/HHS Director 6.5. Request approval of a contract between Mountain Valley EMS and Alpine County in the amount of $511.28 for Emergency Medical Services. - CAO/HHS Director 6.6. Request approval of fiscal years 2018-2021 Performance Contract for Mental Health Services between the State of California Department of Health Care Services (DHCS) and Alpine County Behavioral Health Services as the County Mental Health Plan in the maximum amount of $0.00 effective 7/1/18-6/30/21 and authorize Gail St.James, Director to sign on behalf of Alpine County. - Behavioral Health Director 6.7. Request approval to amendment 1 Contract No. CAO2018-01 with Rodney Craig Goodman, CPA. Authorize Board Chair to sign contract. - CAO/HHS Director 6.8. Request adoption of a resolution authorizing the Director of Finance, the Supervising Chief Deputy Treasurer-Tax Collector, and in case of vacancies in the aforementioned titles the Chief Administrative Officer/Health and Human Services Director, to invest or withdraw monies with the Local Agency Investment Fund and execute and deliver any and all documents necessary or advisable in order to effectuate the transaction contemplated. - CAO/HHS Director ---PAGE BREAK--- Board of Supervisors Agenda for Tuesday November 5, 2019 Page 3 DRAFT for Agenda Review 6.9. Request approval of letter to California Fish and Game Acting Executive Director Melissa Miller-Henson and California Fish and Wildlife Chief Kari Lewis regarding application of the Lands Pass Program in Hope Valley Wildilfe Area. - Supervisor District 5 6.10. Request approval of a letter to Liberty Utilities to thank them for fuels reduction work on Hot Springs Road - Community Development Director 7. PUBLIC HEARINGS 7.1. (10:00 AM) Public hearing and possible action regarding a renewal application for a general license to conduct bingo games for the calendar year 2019 from the Alpine Kids, a non-profit organization. - County Clerk 8. REGULAR AGENDA - UNFINISHED BUSINESS None. 9. REGULAR AGENDA - NEW BUSINESS 9.1. (9:30 AM) Presentation by Alpine Fire Safe Council Chair Kris Hartnett final report on the Community Small Grant Award. - CAO/HHS Director 9.2. Request adoption of a resolution recognizing and celebrating John and Patty Brissenden. - County Clerk 9.3. Request approval of continuing emergency contracting procedures initiated by the Community Development Director pursuant to Alpine County Code Section 2.18.120 with regard to repair of damage that occurred at the Perry Walther Building in Bear Valley as a result of heavy snow accumulation in 2019; and authorize the Finance Department to increase appropriations in 132, Risk Management, by $86,620, and fund the increase from the County’s General Reserve balance. Requires 4/5 vote. - Community Development Director 9.4. Discussion and possible direction to staff regarding incorporating the Limited-Density Owner-Built Rural Dwellings provisions into the upcoming cycle of local adoption of the California Residential Code - Community Development Director 9.5. Request approval of a contract with Eastman Snow Removal Service LLC for snow removal services in Bear Valley effective November 1, 2019 through May 30, 2020 with an option to mutually agree to an extension of three years - Community Development Director 9.6. Discussion and possible adoption of a resolution revising the Alpine County Governance Manual and Board of Supervisors Operating Rules and Procedures. - County Clerk 9.7. Request approval of transfer of funds from 377-59500-952 (Community Services and Supports "CSS" under the Mental Health Services Act "MHSA" transfer out) and 517- 59500-952 (Mental Health 1991 Realignment transfer out) into 268-38104-000 (MHSA Capital Facility transfer in) in the total amount of $490,000. Authorize the Finance Department to increase the appropriation of 268-38104-000 by $490,000. (Requires 4/5 vote) - Behavioral Health Director ---PAGE BREAK--- Board of Supervisors Agenda for Tuesday November 5, 2019 Page 4 DRAFT for Agenda Review 10. ADMINISTRATIVE ANNOUNCEMENTS 11. ADJOURN TO ANY OF THE FOLLOWING AGENCIES FOR WHICH THE BOARD OF SUPERVISORS SITS AS OFFICERS: BOARD OF EQUALIZATION, LOCAL TRANSPORTATION COMMISSION, WATER AGENCY None. 12. CLOSED SESSION 12.1. Conference with Legal Counsel pursuant to Government Code § 54956.9 -Initiation of Litigation 1 Case - Deputy County Counsel 12.2. Conference with Legal Counsel pursuant to Gov. Code § 54956.9 – Pending Litigation- In re National Prescription Opiate Litigation (1:17-md-2804 (DAP) - Deputy County Counsel 12.3. Conference with Legal Counsel pursuant to Govt. Code § 54956.9(1)-Existing Litigation Morse and Alpine County v. California Public Employees' Retirement System 2018-0596 - CAO/HHS Director 12.4. Closed Session-Public Employee Appointment. 54957) Title: County Administrative Officer/Health and Human Services Director - CAO/HHS Director 13. ADJOURNMENT The Board will adjourn to the next regular meeting of Tuesday, November 19, 2019 at 9:00 AM at Alpine County Government Center, 99 Water Street, Markleeville, California. Teola L. Tremayne, County Clerk and ex officio Clerk to the Board of Supervisors By: Patricia Griffin, Assistant County Clerk ---PAGE BREAK--- AGENDA TRANSMITTAL TO: Board of Supervisors FROM: Teola Tremayne, County Clerk DATE OF MEETING: November 5, 2019 PREPARED BY: PJ Griffin, Assistant County Clerk TITLE: Request Approval of Regular Meeting Minutes of 10/15/2019 SUMMARY: RECOMMENDED ACTION: Approve Regular Meeting Minutes of 10/1/2019 ISSUE STATEMENT AND DISCUSSION: FISCAL IMPACT: 1) Budgeted Current Fiscal Year 2) Total Anticipated Cost Current Year 3) Total Anticipated Cost Annual Year (Not Applicable) $0.00 $0.00 $0.00 SOURCE Unanticipated Revenue From Contingency Other: $0.00 $0.00 $0.00 FUNDING SOURCE: INSTRUCTIONS TO CLERK: 6.1 Packet Pg. 5 ---PAGE BREAK--- Board of Supervisors ALPINE COUNTY Board Chambers County Administration Building Markleeville, CA 96120 Telephone (530) 694-2281 MINUTES OCTOBER 15, 2019 1. CALL TO ORDER REGULAR MEETING Chair David Griffith called the Regular Meeting to order at 9:00 AM with Supervisors Donald Jardine, Ron Hames, Katherine Rakow, Terry Woodrow, and David Griffith present. 2. OPEN SESSION - PLEDGE OF ALLEGIANCE 3. ORAL COMMUNICATION - GENERAL PUBLIC COMMENT Markleeville resident Kris Hartnett announced that there were three to four cords of wood left for pickup located next to the Markleeville fire station for Alpine County Residents. Hartnett stated that any wood left at the end of the week would be available for non-residents to pick up. Hartnett also urged the Board to make sure that vendors selling at events in Alpine County obtain a county resale license and that food vendors obtain health permits. 4. DEPARTMENT ANNOUNCEMENTS Library Assistant II Chris Seal announced Bear Valley Library Assistant Thea Schoettgen’s show on Saturday, October 19, 2019 from 1:00pm until 3:00pm at the Markleeville Library. 5. BOARD MEMBER'S ANNOUNCEMENTS OR REPORTS Supervisor Terry Woodrow gave an update regarding county business, meetings attended related to appointed commissions and committees and upcoming events. Supervisor Katherine Rakow gave an update regarding county business, meetings attended related to appointed commissions and committees and upcoming events. Supervisor Rakow mentioned an additional tour of the Leviathan Mine which would take place on October 24, 2019. Supervisor Donald Jardine gave an update regarding county business, meetings attended related to appointed commissions and committees and upcoming events. Supervisor Ron Hames gave an update regarding county business, meetings attended related to appointed commissions and committees and upcoming events. Supervisor Hames stated that the Community Clean Up would be Saturday, October 19, 2019 and that the Biomass Clean Up would end Sunday, October 20, 2019. Supervisor David Griffith gave an update regarding county business, meetings attended related to appointed commissions and committees and upcoming events. Chair Griffith provided information regarding an Air Quality information smart phone application called Smoke Sense. 6.1.a Packet Pg. 6 Attachment: BOS Unapproved Minutes 10-15-2019 (BOS Minutes of 10/15/2019) ---PAGE BREAK--- Board of Supervisors Minutes for Tuesday October 15, 2019 Page 2 6. CONSENT AGENDA Matters that are routine and non-controversial and are usually approved by a single majority vote without discussion. Items can be removed from the consent agenda to be discussed and considered separately. MOTION Woodrow / SECOND Jardine approving the Consent Agenda as follows: AYES: Jardine, Hames, Rakow, Woodrow, Griffith; MOTION CARRIED. 6.1. This item was pulled. 6.2. County claims. - Director of Finance 6.3. Amendment No. 1 to Contract No. CC2019-24 with California Secretary of State to upgrade county election voting systems for the term of February 1, 2019 - June 30, 2022 in the amount of $100,695.70, and authorize Board Chair to sign. - County Clerk ITEMS PULLED FOR SEPARATE ACTION 6.1. Request Approval of Regular Meeting Minutes of 10/1/2019 - County Clerk Chair Griffith identified corrections that were made to the minutes. MOTION Woodrow / SECOND Jardine approving Regular Meeting Minutes of 10/1/2019 as corrected. AYES: Jardine, Hames, Rakow, Woodrow, Griffith; MOTION CARRIED. 7. PUBLIC HEARINGS None. 8. REGULAR AGENDA - UNFINISHED BUSINESS 8.1. Request adoption of sole source resolution and approve contract for Social Entrepreneurs Inc. to provide quality assurance services related to the System Improvement Plan for Child Welfare Services in an amount not to exceed $83,963.68. Direct the Finance Department to make the budget appropriation for $83,963.68. (Requires 4/5 vote) - Deputy Director of HHS CAO/HHS Director Nichole Williamson stated that the contract was included in the System Improvement Plan that had been previously approved the Board. MOTION Jardine / SECOND Hames Adopting Resolution No. R2019-49 and approving Contract No. CC2019-50 for Social Entrepreneurs Inc. to provide quality assurance services related to the System Improvement Plan for Child Welfare Services in an amount not to exceed $83,963.68. Directing the Finance Department to make the budget appropriation for $83,963.68. (Requires 4/5 vote) AYES: Jardine, Hames, Rakow, Woodrow, Griffith; MOTION CARRIED. 6.1.a Packet Pg. 7 Attachment: BOS Unapproved Minutes 10-15-2019 (BOS Minutes of 10/15/2019) ---PAGE BREAK--- Board of Supervisors Minutes for Tuesday October 15, 2019 Page 3 9. REGULAR AGENDA - NEW BUSINESS 9.1. Presentation by Caltrans District 10 Director Dan McElhinney on the replacement of the Highway 89 Bridge in Markleeville and other projects in Alpine County - Community Development Director Caltrans District 10 Director Dan McElhinney provided handouts including a map of Active Alpine County Road projects, a Caltrans Performance Report and a letter to the Board. McElhinney gave a presentation regarding the Markleeville Bridge Replacement Project. In response to Supervisor Woodrow’s questions regarding a Scenic Byway sign on Ebbett’s Pass, McElhinney stated that he would take action and get it done. In response to Supervisor Jardine’s inquiry regarding attaching sewer and water lines to the new bridge, Community Development Director Brian Peters stated that the Markleeville Public Utility District no longer intended to attach the sewer line to the bridge and that Caltrans needed more information from Markleeville Water Company to design the bridge to include the water line. In response to multiple questions regarding a Changeable Message Sign (CMS) in Hope Valley, McElhinney stated that a traffic control team would compile some options with respect to available locations and technology that would best serve the community and bring the options before the Board and the public at a future meeting. Woodfords Highway Maintenance Supervisor Clint Neely reported that Caltrans had been working on cleaning out the drainage along Highway 88 and Highway 89. Neely stated that last year’s manned chain control had great reviews and would be implemented again in the upcoming winter. Neely reported that Caltrans was ready for the snow. 9.2. Request adoption of a resolution proclaiming October 2019 as "Breast Cancer Awareness Month" - Supervisor District 1 Supervisor Jardine read the resolution. MOTION Jardine / SECOND Rakow Adopting Resolution No. R2019-53 proclaiming October 2019 as "Breast Cancer Awareness Month" AYES: Jardine, Hames, Rakow, Woodrow, Griffith; MOTION CARRIED. 9.3. Discussion and possible direction to staff to write a letter to the U.S. Fish and Wildlife Service regarding the final determination on whether to list the Bi-State distinct population segment (DPS) of greater sage-grouse as threatened under Endangered Species Act. - CAO/HHS Director CAO/HHS Director Nichole Williamson informed the Board that if the county wanted to change the previous position on the Sage Grouse population issue, that a new letter should be submitted, but that if there would be no change, that no letter would be needed. The Board agreed, by consensus to keep the previous position with no changes and no letter. 6.1.a Packet Pg. 8 Attachment: BOS Unapproved Minutes 10-15-2019 (BOS Minutes of 10/15/2019) ---PAGE BREAK--- Board of Supervisors Minutes for Tuesday October 15, 2019 Page 4 9.4. Discussion and possible direction to staff regarding correspondence received from U.S. Board on Geographical Names regarding Jeff Davis Peak. - CAO/HHS Director CAO/HHS Director Nichole Williamson stated that correspondence was received regarding a name change for Jeff Davis Peak. Williamson stated that if the County’s position had not changed that there was no need to send an additional letter. Supervisor Rakow stated that the Washoe Tribe’s position on the re-naming of the peak had not changed. Chair Griffith suggested that another letter be sent to reiterate the position of Alpine County. MOTION Jardine / SECOND Rakow to send a letter to U.S. Board on Geographical Names regarding Jeff Davis Peak reiterating Alpine County’s original position. AYES: Jardine, Hames, Rakow, Woodrow, Griffith; MOTION CARRIED. 9.5. Request approval for Resolution to authorize application with CalRecycle for grant funding to Alpine County Environmental Health as the Local Enforcement Agency (LEA) to carry out the Solid Waste Facilities Permit and Inspection Program. (Requires 4/5 vote) - Deputy Director of HHS MOTION Rakow / SECOND Jardine adopting Resolution No. R2019-54 authorizing application with CalRecycle for grant funding to Alpine County Environmental Health as the Local Enforcement Agency (LEA) to carry out the Solid Waste Facilities Permit and Inspection Program. (Requires 4/5 vote) AYES: Jardine, Hames, Rakow, Woodrow, Griffith; MOTION CARRIED. 9.6. Presentation and reading of Resolution Number R2018-03 naming the California State Route 88 Section from California/Nevada Stateline, approximately at Post Mile 25.0 to 5 Miles East At Post Mile 20 The Vietnam Veterans' Memorial Highway and announcement of dedication ceremony at 11:00AM today. - CAO/HHS Director Chair Griffith read the resolution. 10. ADMINISTRATIVE ANNOUNCEMENTS CAO/HHS Director Nichole Williamson provided a Parking Access Map for the Veteran’s Memorial Highway Dedication Ceremony. 11. ADJOURN TO ANY OF THE FOLLOWING AGENCIES FOR WHICH THE BOARD OF SUPERVISORS SITS AS OFFICERS: BOARD OF EQUALIZATION, LOCAL TRANSPORTATION COMMISSION, WATER AGENCY None. 12. CLOSED SESSION 6.1.a Packet Pg. 9 Attachment: BOS Unapproved Minutes 10-15-2019 (BOS Minutes of 10/15/2019) ---PAGE BREAK--- Board of Supervisors Minutes for Tuesday October 15, 2019 Page 5 12.1. Closed Session-Public Employee Appointment. 54957) Title: County Administrative Officer/Health and Human Services Director - Deputy CAO to Personnel and Risk Management Information was given. 13. ADJOURNMENT The Board adjourned to the next regular meeting of Tuesday, November 5, 2019 at 9:00am at the County Administrative Office Building, Markleeville, California. David Griffith, Chair, Board of Supervisors County of Alpine, State of California ATTEST: Teola L. Tremayne, County Clerk & ex officio Clerk of the Board of Supervisors By: Patricia Griffin, Assistant County Clerk *A complete audio recording of this meeting is available on the County website* www.alpinecountyca.gov 6.1.a Packet Pg. 10 Attachment: BOS Unapproved Minutes 10-15-2019 (BOS Minutes of 10/15/2019) ---PAGE BREAK--- AGENDA TRANSMITTAL TO: Board of Supervisors FROM: Teola Tremayne, County Clerk DATE OF MEETING: November 5, 2019 PREPARED BY: PJ Griffin, Assistant County Clerk TITLE: Request approval of County Claims. SUMMARY: RECOMMENDED ACTION: Approve County Claims. ISSUE STATEMENT AND DISCUSSION: FISCAL IMPACT: 1) Budgeted Current Fiscal Year 2) Total Anticipated Cost Current Year 3) Total Anticipated Cost Annual Year (Not Applicable) $0.00 $0.00 $0.00 SOURCE Unanticipated Revenue From Contingency Other: $0.00 $0.00 $0.00 FUNDING SOURCE: INSTRUCTIONS TO CLERK: 6.2 Packet Pg. 11 ---PAGE BREAK--- 6.2.a Packet Pg. 12 Attachment: Warrant Register 10-11-19 (County Claims) ---PAGE BREAK--- 6.2.a Packet Pg. 13 Attachment: Warrant Register 10-11-19 (County Claims) ---PAGE BREAK--- 6.2.a Packet Pg. 14 Attachment: Warrant Register 10-11-19 (County Claims) ---PAGE BREAK--- 6.2.a Packet Pg. 15 Attachment: Warrant Register 10-11-19 (County Claims) ---PAGE BREAK--- 6.2.b Packet Pg. 16 Attachment: Warrant Register 10-18-19 (County Claims) ---PAGE BREAK--- 6.2.b Packet Pg. 17 Attachment: Warrant Register 10-18-19 (County Claims) ---PAGE BREAK--- 6.2.b Packet Pg. 18 Attachment: Warrant Register 10-18-19 (County Claims) ---PAGE BREAK--- 6.2.b Packet Pg. 19 Attachment: Warrant Register 10-18-19 (County Claims) ---PAGE BREAK--- 6.2.b Packet Pg. 20 Attachment: Warrant Register 10-18-19 (County Claims) ---PAGE BREAK--- 6.2.b Packet Pg. 21 Attachment: Warrant Register 10-18-19 (County Claims) ---PAGE BREAK--- 6.2.b Packet Pg. 22 Attachment: Warrant Register 10-18-19 (County Claims) ---PAGE BREAK--- 6.2.b Packet Pg. 23 Attachment: Warrant Register 10-18-19 (County Claims) ---PAGE BREAK--- AGENDA TRANSMITTAL TO: Board of Supervisors FROM: Sarah Simis, Deputy CAO to Personnel and Risk Management DATE OF MEETING: November 5, 2019 PREPARED BY: Sarah Simis, Deputy CAO to Personnel and Risk Management TITLE: Request approval of employment Contract between Alpine County and Nichole Williamson, Chief Administrative Officer/Health and Human Services Director, effective October 1, 2019 through September 30, 2023. SUMMARY: The current contract expired on September 30, 2019. This contract is effective 10/1/2019 through 9/30/2023. RECOMMENDED ACTION: Approve contract retroactive to 10/1/2019. ISSUE STATEMENT AND DISCUSSION: FISCAL IMPACT: 1) Budgeted Current Fiscal Year 2) Total Anticipated Cost Current Year 3) Total Anticipated Cost Annual Year $212,135.00 $218,223.00 SOURCE Unanticipated Revenue From Contingency Other: $0.00 $0.00 $0.00 FUNDING SOURCE: INSTRUCTIONS TO CLERK: Copy to employee, HR, Finance office. 6.3 Packet Pg. 24 ---PAGE BREAK--- Page I 1 Alpine County Employee Contract with Nichole Williamson ALPINE COUNTY EMPLOYMENT CONTRACT WITH NICHOLE WILLIAMSON THIS CONTRACT (hereinafter referred to as the Contract) dated October 1, 2019, is entered into by and between, the COUNTY OF ALPINE (hereinafter referred to as Alpine or County) and Nichole Williamson (hereinafter referred to as Employee). Alpine employs Employee and the Employee accepts employment as County Administrative Officer/Health and Human Services Director upon the following terms and conditions: I. PERFORMANCE OF DUTIES. The purpose of this contract is to retain Employee to perform all such duties as described in the job description attached hereto as Exhibit and to perform duties as assigned. Employee will do, perform, and carry out in a good and professional manner the tasks set forth in the job description (Exhibit A, incorporated herein by reference), as prioritized by the Board of Supervisors (Board), or the Chairperson as representative of the Board. In performance of duties Employee will devote time, ability, and attention equivalent to the full-time professional effort necessary to fulfill the tasks described in Exhibit A. Employee shall not engage in activities, which interfere with the completion of the tasks required to be performed hereunder, nor shall Employee engage in activities which conflict with the objectives of Alpine County, or which would constitute a conflict of interest. It is anticipated that Employee will generally be at work during normal Alpine office hours. Employee and Alpine will mutually agree upon an acceptable work schedule with the understanding that Employee's duties will require flexibility in work hours and location. The Contract authorizes Employee, at the expense of the County and during work hours, to attend conferences, trainings, meetings and other activities as reasonably necessary for Employee's performance of duties under this Contract. II. AT WILL, EXEMPT POSITION. The position described herein is an appointed, at will position pursuant to Alpine County Code Section 2.88.320. This is a salaried position exempt from the wages and hours provisions of the Fair Labor Standards Act. III. TERM OF CONTRACT The term of this Contract shall be for one years. The effective date of this Contract shall be October 1, 2019, and shall continue until September 30, 2023, unless earlier terminated. If the employee terminates this Contract, the employee shall provide at least ninety (90) days advance written notice. Also if County intends to not renew contract with Employee at the end of the term and sever the employment relationship it shall provide Employee with ninety (90) days written notice of such intent. 6.3.a Packet Pg. 25 Attachment: NWilliamson102019 (CAO/HHS Employment Contract) ---PAGE BREAK--- Page I 2 Alpine County Employee Contract with Nichole Williamson If Alpine intends to terminate this Contract, with or without cause, or not renew a contract with Employee, Employee shall be offered an opportunity to meet with the Board of Supervisors prior to any action being taken. Following this meeting, the Board of Supervisors shall take whatever action it deems appropriate. In the event Alpine terminates Employee without cause, Alpine shall provide severance pay at Employee’s current rate of compensation for twelve (12) months, which may include the period of notice described above. The severance pay is conditioned upon receiving Employee’s signed written liability release as prepared by County Counsel. This severance pay shall be subject to and limited by Government Code Section 53260 which requires that regardless of the term of this Contract, if this Contract is terminated the maximum cash settlement that the Employee may receive shall be the amount equal to the salary of the employee multiplied by the unexpired months left on the term of the Contract. In the event that this Contract expires and the Employee continues to work; this contract shall continue as a month to month term until such time as a revised contract is approved by the Board of Supervisors. IV. COMPENSATION AND EXPENSES Alpine agrees to pay Employee compensation commencing on October 1, 2019 at the rate of twelve thousand, and forty eight dollars ($12,048.00.00) per month (payable bi- weekly) Salary payments shall be subject to withholding and other applicable taxes. The salary for this position may be modified at any time during the term of this contract by written agreement of Employee and County. If the non-represented employee group receives a cost of living (COLA) increase during the term of this Contract, Alpine shall provide the same COLA increase to the Employee. The Employee will be reimbursed expenses for out of town travel and accommodation in accordance with established County policies, and costs and expenses related to duties under this Contract. Employee shall receive an Alpine County credit card for payment of Alpine-related business expenses. Any and all business expenses that are not charged to Alpine’s credit card will be submitted for reimbursement. Receipts and appropriate notations as needed by the Internal Revenue Service will be provided to the Auditor’s office as back up for any and all charged expenses or cash reimbursements. All such expenses shall be subject to a review as part of the normal and customary Alpine audit process. All expenses deemed personal expenses by the Auditor’s Office will be repaid to Alpine within thirty (30) days. V. BENEFITS The Employee will receive health insurance coverage under the County's cost share benefit plan at the equivalent contribution as other management and non-represented employees. Employee shall receive administrative leave of one hundred thirty six (136) hours per fiscal year. The one hundred and thirty six hours shall be credited to the Employee on July 1 of each year and shall not be carried over from one fiscal year to another and cannot be cashed out if any remains unused by June 30 of each fiscal year. Additionally, Employee is exempt from work hour restrictions, and performs all services required of the employee's 6.3.a Packet Pg. 26 Attachment: NWilliamson102019 (CAO/HHS Employment Contract) ---PAGE BREAK--- Page I 3 Alpine County Employee Contract with Nichole Williamson position for a fixed salary. The Employee will accrue vacation hours in accordance with the following schedule: Completed Years Accural -Days Accural- Hours 1 10 80 2 10 80 3 12 96 4 13 104 5 15 120 6 16 128 7 17 136 8 18 144 9 19 152 10 20 160 Employee may accrue a maximum of 240 hours of vacation time. Time in excess of 240 hours shall be lost. Employee may earn sick leave with pay at the rate of one day, hours, for each calendar month of service and may accrue up to fifteen hundred (1500) hours of sick leave. Upon termination, retirement or death, Employee or his or her survivor(s) or estate, shall receive compensation at Employee’s regular salary for accumulated sick leave in accordance with the following: At the time of retirement from Alpine County, the Employee has the option of either collecting compensation for twenty-five (25%) percent of his/her accumulated sick leave OR can elect to convert 100% of his/her accumulated sick leave balance towards PERS service credit. Notwithstanding the above, the maximum sick leave that can be cashed out is one hundred twenty-five (125) hours. Upon termination or death twenty-five percent (25%) of employee’s accumulated sick leave can be cashed out. The maximum sick leave that can be cashed out is one hundred twenty-five (125) hours. The Employee will participate in the California Public Employees’ Retirement System, 2% @ 55 formula. The County shall maintain its contributions to PERS for the term of this Agreement. Employee shall pay the 7% employee share of PERS retirement. The County shall ensure that the 7% employee contribution shall be deducted in compliance with IRS Code Section 414(h) making such deductions tax free. Employee shall be entitled to the paid holidays specified in the Alpine County Miscellaneous Employees’ Association Memorandum of Understanding as well as one day for his/her birthday or any such day as employee may choose. VI. WORK PRODUCT All records, reports and documents developed under this Contract will be the property of Alpine. VII. OFFICE SUPPORT 6.3.a Packet Pg. 27 Attachment: NWilliamson102019 (CAO/HHS Employment Contract) ---PAGE BREAK--- Page I 4 Alpine County Employee Contract with Nichole Williamson Alpine will provide office space, routine office supplies, and office equipment as reasonable to fulfill the terms of this Contract. VIII. WORK PLAN AND PERFORMANCE EVALUATION The Board shall evaluate Employee’s performance in writing and review that evaluation with Employee under procedures established by the Board. This performance evaluation is for purposes of communication only and shall not be deemed or construed to alter the at will status of Employee or the ability of the County to discharge Employee in its sole discretion except as otherwise provided herein. IX. MISCELLANEOUS TERMS Employee shall perform the duties required hereunder in accordance with all local, state, and federal laws applicable to Alpine operations. This document is the entire agreement between the parties with regard to the matters herein contained and supersedes all previous oral or written communications. Any previously made representations, warranties, or inducements not expressly contained herein are of no force or effect. This Contract is entered into solely for the benefit of the parties and not for the benefit of any other person or party. In the event legal action is brought concerning this Contract, such action may only be commenced and maintained in Alpine County, California, unless the parties otherwise agree in writing. Each party shall bear their own attorney’s fees and costs in any such proceeding. In the event Employee is involved in legal matters as a result of complaints or allegations related to Employee’s employment the Board may consider appointment of Independent legal counsel to represent Employee or reimbursement of Employee’s legal expenses, if Employee was acting within the scope of Employee’s employment and there is no reasonable basis for the complaint or allegations. Whenever written notice is required under this Contract, it shall be deemed delivered if personally served or if placed in the U.S. Mail, return receipt requested, and addressed to the normal and customary address or the parties as shown on the last known records of Alpine. X. PROFESSIONAL DEVELOPMENT AND TRAINING Subject to the availability of funds and appropriation thereof by the Board, Alpine agrees to pay reasonable professional fees, dues and subscriptions, which may include training and travel expenses, to assist in Employee’s professional development and peer interaction. Approved November 2019 in Markleeville, California. EMPLOYEE COUNTY 6.3.a Packet Pg. 28 Attachment: NWilliamson102019 (CAO/HHS Employment Contract) ---PAGE BREAK--- Page I 5 Alpine County Employee Contract with Nichole Williamson Nichole Williamson David Griffith, Chair Board of Supervisors, County of Alpine County ATTEST: APPROVED AS TO FORM: Teola L. Tremayne, County Clerk and ex-officio Margaret Long, County Counsel Clerk to the Board of Supervisors By: PJ Griffen, Asst. County Clerk. 6.3.a Packet Pg. 29 Attachment: NWilliamson102019 (CAO/HHS Employment Contract) ---PAGE BREAK--- Page I 6 Alpine County Employee Contract with Nichole Williamson Exhibit County of Alpine Adopted: 06/19/2018 COUNTY ADMINISTRATIVE OFFICER/HEALTH AND HUMAN SERVICES DIRECTOR DEFINITION Under general policy guidance of the Alpine County Board of Supervisors, generally advise, assist, act as agent for, and be responsible to the Board of Supervisors for the proper and efficient administration of the affairs of the County and enforce ordinances, orders or regulations established by the board. Within applicable local, state and federal laws and regulations, to plan, organize and provide administrative direction and support to department directors; to work with the Director of Finance to provide direct review, analysis and coordination of County budgets; to analyze organizational systems and methods; to plan, direct, supervise and evaluate all administrative, financial and programming functions of the Health and Human Services Department; and to perform other related duties as assigned. CLASS CHARACTERISTICS This is a single position classification that is the highest-level administrator reporting to the Board of Supervisors; this position is accountable for the effective administration and management of governmental and financial affairs of the county that may legally be placed in the County Administrative Officer/Health and Human Services Director charge and control. In addition the incumbent is expected to provide a leadership role within the County and the community. This is an exempt position. EXAMPLES OF DUTIES – Duties may include, but are not limited to, the following:  All the duties and obligations and qualifications of the county administrative officer as provided in Chapters 2.10 of the Alpine County Code.  Acts as the agent of the board of supervisors for policy implementation;  Provide administrative guidance and supervision to all non-elected county offices and departments;  Recommends administrative and budgetary decisions to the Board of Supervisors; 6.3.a Packet Pg. 30 Attachment: NWilliamson102019 (CAO/HHS Employment Contract) ---PAGE BREAK--- Page I 7 Alpine County Employee Contract with Nichole Williamson  Provides direction and oversight of County divisions within federal state and county legal requirements and regulations and county ordinances, policies and procedural guidelines;  Works with departments to develop policies and short and long-range planning goals and objectives and recommends policy direction to the Board of Supervisors;  Directs the work of the administrative office, information systems, personnel and risk management either directly or through subordinate levels of department managers;  Attends Board of Supervisor meetings; makes recommendations on administrative and budgetary matters.  Directs the analysis and evaluation of annual budget requests of all county departments and directs preparation of budget recommendations to the board of supervisors;  Represents the county as liaison to other governmental agencies and professional business organizations; serves on various committees as appropriate;  Communicates to appropriate department heads any inquiries and/or concerns received regarding county programs and activities;  Prepares performance appraisals, in coordination with the personnel department, of non-elected department heads.  Performs general administrative duties as required, including but not limited to attending and conducting meetings, preparing reports, compiling data for reports, reviewing professional literature, etc. either directly or through subordinate levels of staff and recruiting, hiring and discharging non-elected department heads in consultation with the Board of Supervisors  Act in conjunction with the Director of Emergency Services to take steps reasonably necessary to meet emergency needs.  Plans, organizes, directs and evaluates either directly or through subordinate levels the programs and activities of the Health and Human Services Department to ensure the provision of effective and efficient services to meet the needs of the community.  Selects, supervises and evaluates the performance of assigned professional, technical and clerical Health and Human Services staff. Provides for appropriate professional / technical development for staff, and implements disciplinary action as appropriate.  Directs and reviews the work of contract consultants providing assistance to the Health and Human Services department; administers contracts. 6.3.a Packet Pg. 31 Attachment: NWilliamson102019 (CAO/HHS Employment Contract) ---PAGE BREAK--- Page I 8 Alpine County Employee Contract with Nichole Williamson  Monitors legislation and trends in areas of responsibility; evaluates their impact on department and County operations, and recommends and implements related policy and procedural improvements.  As necessary, oversees and assists staff with the more sensitive and/or complex social service casework, case analysis and assessment; provides emergency response to case situations as needed; prepares court reports and represents the department in court proceedings. Experience: Five years of executive level government administration and supervisory experience; experience in human services or public health, including responsibilities for fiscal management, personnel administration and program development. Education: Graduation from an accredited college or university with a Bachelor’s degree in social services, public health, business or public administration, or closely related field. Substitution for Education: Five additional years of executive level, government administration experience may be substituted for the bachelor’s degree. Knowledge of:  Public Administration principles and practices, including strategic planning, goal setting, program development, implementation and evaluation; budgeting, fiscal administration and control; administrative organization and effective employee relations and management in a pubic setting.  Pertinent federal, state, and local laws, codes and regulations governing the operations of government programs including the financial operations of a county government;  Principles and methods of statistical analysis; government budgeting; budget analysis formulation and control, and complex systems development and operations;  Administrative principles and methods, including goal setting, planning, program and government budget development and implementation.  Organizational and management practices as applied to the analysis and evaluation of programs, policies and operational needs. 6.3.a Packet Pg. 32 Attachment: NWilliamson102019 (CAO/HHS Employment Contract) ---PAGE BREAK--- Page I 9 Alpine County Employee Contract with Nichole Williamson  Funding sources and requirements for health and human services programs, including grants management and audit requirements.  Principles of supervision, training and performance evaluation;  Methods of providing a variety of case management services;  Public / community relations techniques;  Legislative process and policy information;  Modern office procedures, methods and technology;  Correct English usage, grammar, spelling, punctuation and vocabulary. Ability to:  Interpret, analyze and apply federal, state and local laws, rules and regulations, policies and procedures pertaining to county government administration and operations;  Develop, implement and interpret goals, objectives, policies and procedures, and work standards;  Evaluate future growth impacts on the county and develop plans and programs to address the corresponding organizational and budgetary needs of the county;  Guide the future growth and development of the departments in accordance with the goals, policies and regulations established by the Board of Supervisors.  Analyze complex problems, evaluate alternatives, and make sound recommendations in support of goals;  Interpret, explain and evaluate complex health and human services programs and related legislation, rules, policies and regulations.  Determine work priorities and effectively coordinate and schedule resources and staff to perform activities and projects within time limits;  Administer the preparation of the annual county budget;  Exercise sound, independent judgment within general policy guidelines; 6.3.a Packet Pg. 33 Attachment: NWilliamson102019 (CAO/HHS Employment Contract) ---PAGE BREAK--- Page I 10 Alpine County Employee Contract with Nichole Williamson  Collect, compile, analyze, organize and present analytical, technical, and statistical information in a clear and concise manner both orally and in writing;  Establish and maintain effective working relationships with those contacted in the course of the work;  Deal constructively with conflict and develop effective resolutions;  Acknowledge and understand the cultural and traditional values of diverse or minority population groups in the development and delivery of effective program services.  Perform required mathematical computations with accuracy. Other Requirements: Possession of a valid driver’s license or the ability to obtain one within 60 days of hire. TYPICAL PHYSICAL REQUIREMENTS The physical demands described here are representative of those that must be met by an employee to perform successfully the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. Requires the ability to sit at desk and intermittently walk, stand, climb, balance, stoop, kneel, crouch, crawl and reach while performing office duties and/or field work; drive vehicles to meetings and inspections; lift and/or move up to 15 pounds frequently and up to 40 pounds occasionally; use hands to finger, handle, feel or operate objects, tools and controls. Must be able to maintain effective audio-visual discrimination and perception needed for making observations, communicating with others, reading and writing, and operating office equipment and hand tools. Must be able to use a telephone to communicate verbally and a keyboard to communicate through written means, to review information and enter/retrieve data, to see and read characters on a computer screen. 6.3.a Packet Pg. 34 Attachment: NWilliamson102019 (CAO/HHS Employment Contract) ---PAGE BREAK--- AGENDA TRANSMITTAL TO: Board of Supervisors FROM: Nichole Williamson, CAO/HHS Director DATE OF MEETING: November 5, 2019 PREPARED BY: Michelle Beckwith, Administrative Assistant TITLE: Request approval to extend Monday, December 24th, 2019 for the Christmas Eve half day holiday to a full day holiday for County Staff. SUMMARY: The staff has requested that the board consider granting a full day holiday on December 24, 2019 which is the County holiday for Christmas Eve. Christmas Eve holiday is typically a slow business day that falls on a Tuesday this year. This would allow three full work days off for County staff to celebrate the holiday. RECOMMENDED ACTION: Approve a full day holiday for Christmas Eve. ISSUE STATEMENT AND DISCUSSION: FISCAL IMPACT: 1) Budgeted Current Fiscal Year 2) Total Anticipated Cost Current Year 3) Total Anticipated Cost Annual Year (Not Applicable) $0.00 $0.00 $0.00 SOURCE Unanticipated Revenue From Contingency Other: $0.00 $0.00 $0.00 FUNDING SOURCE: INSTRUCTIONS TO CLERK: All Department Heads Personnel Finance 6.4 Packet Pg. 35 ---PAGE BREAK--- AGENDA TRANSMITTAL TO: Board of Supervisors FROM: Nichole Williamson, CAO/HHS Director DATE OF MEETING: November 5, 2019 PREPARED BY: Michelle Beckwith, Administrative Assistant TITLE: Request approval of a contract between Mountain Valley EMS and Alpine County in the amount of $511.28 for Emergency Medical Services. SUMMARY: Alpine County has contracted with Mountain Valley EMS for many years pursuant to Emergency Medical Services System and Prehospital Emergency Medical Care Act. The revisions to the agreement from last year's contract are: 1. The County signature date on the Joint Powers Agreement was updated to the most recent signature of July 21, 1998. 2. The dollar amount of the contract was changed to reflect the contribution figure specified in our letter dated May 21, 2019 (Number 3. The term of the agreement was updated (Number 4. The agreement cancellation terms were modified to reflect county membership provisions in EMSA Policy #104, Paragraph 1.12 (Number 5. Addition of insurance language per Alpine County Counsel, Margaret Long. RECOMMENDED ACTION: Approval of contract and authorize Board Chair to sign. ISSUE STATEMENT AND DISCUSSION: FISCAL IMPACT: 1) Budgeted Current Fiscal Year 2) Total Anticipated Cost Current Year 3) Total Anticipated Cost Annual Year (Not Applicable) $511.28 $0.00 $511.28 SOURCE Unanticipated Revenue From Contingency Other: $0.00 $0.00 $0.00 FUNDING SOURCE: INSTRUCTIONS TO CLERK: One signed original to Mountain Valley EMS/ One signed original to County Clerk One copy to CAO 6.5 Packet Pg. 36 ---PAGE BREAK--- 6.5.a Packet Pg. 37 Attachment: FY 19-20 MountainValleyEMSAgreementSigned JPA 10-9-19 (Mountain Valley EMS revised contract approval) ---PAGE BREAK--- 6.5.a Packet Pg. 38 Attachment: FY 19-20 MountainValleyEMSAgreementSigned JPA 10-9-19 (Mountain Valley EMS revised contract approval) ---PAGE BREAK--- 6.5.a Packet Pg. 39 Attachment: FY 19-20 MountainValleyEMSAgreementSigned JPA 10-9-19 (Mountain Valley EMS revised contract approval) ---PAGE BREAK--- 6.5.a Packet Pg. 40 Attachment: FY 19-20 MountainValleyEMSAgreementSigned JPA 10-9-19 (Mountain Valley EMS revised contract approval) ---PAGE BREAK--- 6.5.a Packet Pg. 41 Attachment: FY 19-20 MountainValleyEMSAgreementSigned JPA 10-9-19 (Mountain Valley EMS revised contract approval) ---PAGE BREAK--- AGENDA TRANSMITTAL TO: Board of Supervisors FROM: Gail St.James, Behavioral Health Director DATE OF MEETING: November 5, 2019 PREPARED BY: Teri McAlpin, Administrative Assistant III TITLE: Request approval of fiscal years 2018-2021 Performance Contract for Mental Health Services between the State of California Department of Health Care Services (DHCS) and Alpine County Behavioral Health Services as the County Mental Health Plan in the maximum amount of $0.00 effective 7/1/18-6/30/21 and authorize Gail St.James, Director to sign on behalf of Alpine County. SUMMARY: This is a Performance Contract initiated by the Department of Health Care Services (DHCS) for Mental Health (MH) Services with Alpine County Behavioral Health Services with a maximum amount of $0.00 effective 7/1/18-6/30/21. This contract is initiated and written by DHCS and was forwarded to the County (received 9/17/19) to process and receive an official minute order before being returned to DHCS for processing. This contract is necessary to conform to federal Medicaid Managed Care and State of California regulations. This contract is for the purpose of providing mental health services, and does not have a monetary value; it is simply a contract to allow Alpine County to provide mental health services to Alpine County residents. DHCS and the County identified in the Standard Agreement are the sole parties of this contract. The authority for this contract falls under Chapter 3 of Part 1, Division 10.5 of the Health and Safety Code and with approval of the Alpine County Board of Supervisors. Per DHCS requirements, a designated individual must be authorized by the County Board of Supervisors to sign required documents on behalf of the County, thus the request to delegate Gail St.James as the designated individual. Attached are the following 6 documents: 1. Exhibit A – Program Specifications 2. Exhibit B – Funds Provision 3. Exhibit D – Information Confidentiality and Security Requirements 4. Exhibit E – Privacy and Information Security Provisions 5. Signed STD 213 form – Standard Agreement 6. Signed CCC 4/2017 form – Contractor Certification Clause RECOMMENDED ACTION: Approval of the contract with State of California DHCS and Alpine County Behavioral Health Services department for FY 2018-2021. Authorize Gail St.James, Director to sign said contract including all signature pages on behalf of Alpine County. ISSUE STATEMENT AND DISCUSSION: FISCAL IMPACT: 1) Budgeted Current Fiscal Year 2) Total Anticipated Cost Current Year 3) Total Anticipated Cost Annual (Not Applicable) $0.00 $0.00 $0.00 SOURCE Unanticipated Revenue From Contingency Other: $0.00 $0.00 $0.00 6.6 Packet Pg. 42 ---PAGE BREAK--- Year FUNDING SOURCE: n/a INSTRUCTIONS TO CLERK: FYI Only, BHS Director will coordinate all items to be sent to DHCS once the minute order is complete. Please return original contract and Minute Order to BHS to be processed. 6.6 Packet Pg. 43 ---PAGE BREAK--- Alpine County Behavioral Health 18-95234 Page 1 of 21 Exhibit A Program Specifications 1. Service Overview The California Department of Health Care Services (hereafter referred to as DHCS or Department) administers the Mental Health Services Act , Lanterman-Petris-Short (LPS) Act, Projects for Assistance in Transition from Homelessness , Community Mental Health Services Block Grant , and Crisis Counseling Assistance and Training Program programs and oversees county provision of community mental health services pursuant to the Bronzan-McCorquodale Act. Contractor (hereafter referred to as County in this Exhibit) must meet certain conditions and requirements to receive funding for these programs and community mental health services. This Agreement, which is County’s performance contract, as required by Welfare and Institutions Code (Welf. & Inst. Code) sections 5650, subd. 5651, 5897, and California Code of Regulations (Cal. Code Regs.), Title 9, section 3310, sets forth conditions and requirements that County must meet in order to receive this funding. This Agreement does not cover federal financial participation or State general funds as they relate to Medi-Cal services provided through the Mental Health Plan Contracts. County agrees to comply with all of the conditions and requirements described herein. DHCS shall monitor this Agreement to ensure compliance with applicable federal and State law and applicable regulations. (Gov. Code, 11180-11182; Welf. & Inst. Code, 5614, 5717, subd. 5651, subd. (b)(10) & 14124.2, subd. 2. Service Location The services shall be performed at appropriate sites as described in this contract. 3. Service Hours The services shall be provided during times required by this contract. 4. Project Representatives A. The project representatives during the term of this Agreement will be: Department of Health Care Services Contract Manager: Michael Freeman Telephone: (916) 345-7590 Fax: (916) 440-7621 Email: [EMAIL REDACTED] Alpine County Behavioral Health Gail St. James, LMFT, Director Telephone: (530) 694-1328 Fax: (530) 694-2387 Email: [EMAIL REDACTED] 6.6.a Packet Pg. 44 Attachment: Exhibit A - Performance - FY 2018-21 - Alpine - 18-95234 (DHCS - Performance Contract for MH Services) ---PAGE BREAK--- Alpine County Behavioral Health 18-95234 Page 2 of 21 Exhibit A Program Specifications B. Direct all inquiries to: Department of Health Care Services Behavioral Health – Community Services Division/Contracts and Grants Management Section Attention: Casey Heinzen 1500 Capitol Avenue, MS 2624 P.O. Box Number 997413 Sacramento, CA, 95899-7413 Telephone: (916) 713-8757 Fax: (916) 440-7621 Email: [EMAIL REDACTED] Alpine County Behavioral Health Attention: Nani Ellis 75-C Diamond Valley Road Markleeville, CA, 96120 Fax: (530) 694-2387 Email: [EMAIL REDACTED] C. Either party may make changes to the information above by giving written notice to the other party. Said changes shall not require an amendment to this Agreement. 5. General Requirements for Agreement Welfare and Institutions Code section 5651, subdivision provides specific assurances, which are listed below, that must be included in this Agreement. County shall: A. Comply with the expenditure requirements of Welfare and Institutions Code section 17608.05, B. Provide services to persons receiving involuntary treatment as required by Part 1 (commencing with section 5000) and Part 1.5 (commencing with section 5585) of Division 5 of the Welfare and Institutions Code, C. Comply with all of the requirements necessary for Medi–Cal reimbursement for mental health treatment services and case management programs provided to Medi- Cal eligible individuals, including, but not limited to, the provisions set forth in Chapter 3 (commencing with section 5700) of Division 5 of the Welfare and Institutions Code, and submit cost reports and other data to DHCS in the form and manner determined by the DHCS, D. Ensure that the Local Mental Health Advisory Board has reviewed and approved procedures ensuring citizen and professional involvement at all stages of the planning process pursuant to Welfare and Institutions Code section 5604.2, E. Comply with all provisions and requirements in law pertaining to patient rights, F. Comply with all requirements in federal law and regulation, and all agreements, certifications, assurances, and policy letters, pertaining to federally funded mental 6.6.a Packet Pg. 45 Attachment: Exhibit A - Performance - FY 2018-21 - Alpine - 18-95234 (DHCS - Performance Contract for MH Services) ---PAGE BREAK--- Alpine County Behavioral Health 18-95234 Page 3 of 21 Exhibit A Program Specifications health programs, including, but not limited to, the Projects for Assistance in Transition from Homelessness grant and Community Mental Health Services Block Grant programs, G. Provide all data and information set forth in sections 5610 and 5664 of the Welfare and Institutions Code, H. If County elects to provide the services described in Chapter 2.5 (commencing with section 5670) of Division 5 of the Welfare and Institutions Code, comply with guidelines established for program initiatives outlined in this chapter, and I. Comply with all applicable laws and regulations for all services delivered, including all laws, regulations, and guidelines of the Mental Health Services Act. 6. Services Authority A. THE MENTAL HEALTH SERVICES ACT PROGRAM 1) Program Description Proposition 63, which created the Mental Health Services Act (MHSA), was approved by the voters of California on November 2, 2004. The Mental Health Services (MHS) Fund, which provides funds to counties for the implementation of its MHSA programs, was established pursuant to Welfare and Institutions Code section 5890. The MHSA was designed to expand California’s public mental health programs and services through funding received by a one percent tax on personal incomes in excess of $1 million. Counties use this funding for projects and programs for prevention and early intervention, community services and supports, workforce development and training, innovation, plus capital facilities and technological needs through mental health projects and programs. The State Controller distributes MHS Funds to the counties to plan for and provide mental health programs and other related activities outlined in a county’s three-year program and expenditure plan or annual update. MHS Funds are distributed by the State Controller’s Office to the counties on a basis. DHCS shall monitor County’s use of MHS Funds to ensure that the County meets the MHSA and MHS Fund requirements. (Gov. Code 11180-11182; Welf. & Inst. Code, 5651, subd. 5897, subd. & 14124.2, subd. 2) Issue Resolution Process County shall have an Issue Resolution Process (Process) to handle client disputes related to the provision of their mental health services. The Process shall be completed in an expedient and appropriate manner. County shall develop a log to record issues submitted as part of the Process. The log shall 6.6.a Packet Pg. 46 Attachment: Exhibit A - Performance - FY 2018-21 - Alpine - 18-95234 (DHCS - Performance Contract for MH Services) ---PAGE BREAK--- Alpine County Behavioral Health 18-95234 Page 4 of 21 Exhibit A Program Specifications contain the date the issue was received; a brief synopsis of the issue; the final issue resolution outcome; and the date the final issue resolution was reached. 3) Revenue and Expenditure Report County shall submit its Revenue and Expenditure Report (RER) electronically to the Department and the Mental Health Services Oversight and Accountability Commission by December 31 following the close of the fiscal year in accordance with Welfare and Institutions Code sections 5705 and 5899, regulations, and DHCS-issued guidelines. The RER shall be certified by the County’s Behavioral Health Director (also referred to as “mental health director”) and the County’s auditor-controller (or equivalent), using the DHCS- issued certification form. Data submitted shall be full and complete. If the RER does not meet the requirements, in accordance with the procedure in section 9 of this Agreement, DHCS may withhold payments from the MHS Fund until the County submits a complete RER. (Welf. & Inst. Code, 5655; Cal. Code Regs., tit. 9, § 3510, subd. 4) Distribution and Use of Local Mental Health Services Funds: a. Welfare and Institutions Code section 5891, subdivision provides that commencing July 1, 2012, on or before the 15th day of each month, pursuant to a methodology provided by DHCS, the State Controller shall distribute to County’s Local Mental Health Services Fund (MHS Fund) (established by County pursuant to Welfare and Institutions Code section 5892, subdivision all unexpended and unreserved funds on deposit as of the last day of the prior month in the Mental Health Services Fund for the provision of specified programs and other related activities. b. The expenditure for Prevention and Early Intervention (PEI) may be increased by County if DHCS determines that the increase will decrease the need and cost for additional services to severely mentally ill persons in County by an amount at least commensurate with the proposed increase. (Welf. & Inst. Code, § 5892, subd. Local MHS Fund money distributed to counties by the State Controller’s Office includes funding for annual planning costs pursuant to Welfare and Institutions Code section 5848. The total of these costs shall not exceed five percent of the total annual revenues received for the Local MHS Fund. The planning costs shall include money for County’s mental health programs to pay for the costs of having consumers, family members, and other stakeholders participate in the planning process, and for the planning and implementation required for private provider contracts to be expanded to provide additional services. (Welf. & Inst. Code, § 5892, subd. 6.6.a Packet Pg. 47 Attachment: Exhibit A - Performance - FY 2018-21 - Alpine - 18-95234 (DHCS - Performance Contract for MH Services) ---PAGE BREAK--- Alpine County Behavioral Health 18-95234 Page 5 of 21 Exhibit A Program Specifications c. County shall use Local MHS Fund monies to pay for those portions of the mental health programs/services for children and adults for which there is no other source of funds available. (Welf. & Inst. Code, 5813.5, subd. 5878.3 subd. Cal. Code Regs., tit. 9, § 3610, subd. d. County shall only use Local MHS Funds to expand mental health services. These funds shall not be used to supplant existing State or County funds utilized to provide mental health services. These funds shall only be used to pay for the programs authorized in Welfare and Institutions Code sections 5890 and 5892. These funds may not be used to pay for any other program and may not be loaned to County’s general fund or any other County fund for any purpose. (Welf. & Inst. Code, § 5891, subd. e. All expenditures for County mental health programs shall be consistent with a currently approved three-year program and expenditure plan or annual update pursuant to Welfare and Institutions Code section 5847. (Welf. & Inst. Code, 5891, subd. 5892, subd. 5) Three-Year Program and Expenditure Plan and Annual Updates: a. County shall prepare and submit a three-year program and expenditure plan, and annual updates, adopted by County’s Board of Supervisors, to the Mental Health Services Oversight and Accountability Commission (MHSOAC) and DHCS within 30 calendar days after adoption. (Welf. & Inst. Code, § 5847, subd. The three- year program and expenditure plan and annual updates shall include all of the following: i. A program for PEI in accordance with Part 3.6 of Division 5 of the Welfare and Institutions Code (commencing with section 5840). (Welf. & Inst. Code, § 5847, subd. ii. A program for services to children in accordance with Part 4 of Division 5 of the Welfare and Institutions Code (commencing with section 5850), to include a wraparound program pursuant to Chapter 4 of Part 6 of Division 9 of the Welfare and Institutions Code (commencing with section 18250), or provide substantial evidence that it is not feasible to establish a wraparound program in the County. (Welf. & Inst. Code, § 5847, subd. iii. A program for services to adults and seniors in accordance with Part 3 of Division 5 of the Welfare and Institutions Code (commencing with section 5800). (Welf. & Inst. Code, § 5847, subd. 6.6.a Packet Pg. 48 Attachment: Exhibit A - Performance - FY 2018-21 - Alpine - 18-95234 (DHCS - Performance Contract for MH Services) ---PAGE BREAK--- Alpine County Behavioral Health 18-95234 Page 6 of 21 Exhibit A Program Specifications iv. A program for innovation in accordance with Part 3.2 of Division 5 of the Welfare and Institutions Code (commencing with section 5830). (Welf. & Inst. Code, § 5847, subd. Counties shall expend funds for their innovation programs upon approval by the Mental Health Services Oversight and Accountability Commission. (Welf. & Inst. Code, § 5830, subd. v. A program for technological needs and capital facilities needed to provide services pursuant to Part 3 of Division 5 of the Welfare and Institutions Code (commencing with section 5800), Part 3.6 of Division 5 of the Welfare and Institutions Code (commencing with section 5840), and Part 4 of Division 5 of the Welfare and Institutions Code (commencing with section 5850). All plans for proposed facilities with restrictive settings shall demonstrate that the needs of the people to be served cannot be met in a less restrictive or more integrated setting. (Welf. & Inst. Code, § 5847, subd. vi. Identification of shortages in personnel to provide services pursuant to the above programs and the additional assistance needed from the education and training programs established pursuant to Part 3.1 of Division 5 of the Welfare and Institutions Code (commencing with section 5820). (Welf. & Inst. Code, § 5847, subd. Cal. Code Regs., tit. 9, § 3830, subd. vii. Establishment and maintenance of a prudent reserve to ensure the County program will continue to be able to serve children, adults, and seniors that it is currently serving pursuant to Part 3 of Division 5 of the Welfare and Institutions Code (commencing with section 5800), Part 3.6 of Division 5 of the Welfare and Institutions Code (commencing with section 5840), and Part 4 of Division 5 of the Welfare and Institutions Code (commencing with section 5850), during years in which revenues for the Local MHS Fund are below recent averages adjusted by changes in the State population and the California Consumer Price Index. (Welf. & Inst. Code, § 5847, subd. viii. Certification by County’s Behavioral Health Director, which ensures that County has complied with all pertinent regulations, laws, and statutes of the MHSA, including stakeholder participation and non-supplantation requirements. (Welf. & Inst. Code, § 5847, subd. ix. Certification by County’s Behavioral Health Director and County’s Auditor-Controller that the County has complied with any fiscal accountability requirements as directed by DHCS, and 6.6.a Packet Pg. 49 Attachment: Exhibit A - Performance - FY 2018-21 - Alpine - 18-95234 (DHCS - Performance Contract for MH Services) ---PAGE BREAK--- Alpine County Behavioral Health 18-95234 Page 7 of 21 Exhibit A Program Specifications that all expenditures are consistent with the requirements of the MHSA pursuant to California Code of Regulations, Title 9, sections 3500 and 3505. (Welf. & Inst. Code, § 5847, subd. b. County shall include services in the programs described in section 6, subparagraphs A, 5.a.i. through 5.a.v., inclusive, to address the needs of transition age youth between the ages of 16 and 25 years old, including the needs of transition age foster youth. (Welf. & Inst. Code, § 5847, subd. c. County shall prepare expenditure plans for the programs described in section 6, subparagraphs A, 5.a.i. through 5.a.v., inclusive, and annual expenditure updates. Each expenditure plan and annual update shall indicate the number of children, adults, and seniors to be served, and the cost per person. The expenditure update shall also include utilization of unspent funds allocated in the previous year and the proposed expenditure for the same purpose. (Welf. & Inst. Code, § 5847, subd. d. County’s three-year program and expenditure plan and annual updates shall include reports on the achievement of performance outcomes for services provided pursuant to the Adult and Older Adult Mental Health System of Care Act, Prevention and Early Intervention, and the Children’s Mental Health Services Act, which are funded by the Local MHS Fund and established jointly by DHCS and the MHSOAC, in collaboration with the County Behavioral Health Directors Association of California. (Welf. & Inst. Code, § 5848, subd. County contracts with providers shall include the performance goals from the County’s three-year program and expenditure plan and annual updates that apply to each provider’s programs and services e. County’s three-year program and expenditure plan and annual update shall consider ways to provide services to adults and older adults that are similar to those established pursuant to the Mentally Ill Offender Crime Reduction Grant Program. Funds shall not be used to pay for persons incarcerated in State prison or parolees from State prisons. (Welf. & Inst. Code, § 5813.5, subd. 6) Planning Requirements and Stakeholder Involvement: a. County shall develop its three-year program and expenditure plan and annual update with local stakeholders, including adults and seniors with severe mental illness, families of children, adults, and seniors with severe mental illness, providers of services, law enforcement agencies, education, social services agencies, veterans, representatives from veterans organizations, providers of alcohol and 6.6.a Packet Pg. 50 Attachment: Exhibit A - Performance - FY 2018-21 - Alpine - 18-95234 (DHCS - Performance Contract for MH Services) ---PAGE BREAK--- Alpine County Behavioral Health 18-95234 Page 8 of 21 Exhibit A Program Specifications drug services, health care organizations, and other important interests. Counties shall demonstrate a partnership with constituents and stakeholders throughout the process that includes meaningful stakeholder involvement on mental health policy, program planning, and implementation, monitoring, quality improvement, evaluation, and budget allocations. County shall prepare and circulate a draft plan and update for review and comment for at least 30 calendar days to representatives of stakeholder interests and any interested party who has requested a copy of the draft plans. (Welf. & Inst. Code, § 5848, subd. Cal. Code Regs., tit. 9, 3300, 3310, 3315 & 3320.) 1) County’s mental health board, established pursuant to Welfare and Institutions Code section 5604, shall conduct a public hearing on the County’s draft three-year program and expenditure plan and annual updates at the close of the 30 calendar day comment period. Each adopted three-year program and expenditure plan or annual update shall summarize and analyze substantive recommendations and describe substantive changes to the three-year program and expenditure plan and annual updates. The County’s mental health board shall review the adopted three-year program and expenditure plan and annual updates and recommend revisions to the County’s mental health department. (Welf. & Inst. Code, § 5848, subd. Cal. Code Regs., tit. 9, § 3315.) 2) The County shall provide for a Community Planning Process as the basis for developing the Three-Year Program and Expenditure Plans and updates. The County shall designate positions and or units responsible for the overall Community Program Planning Process; coordination and management of the Community Program Planning Process; ensuring stakeholders have the opportunity to participate; ensuring that stakeholders reflect the diversity of the demographics of the County; and providing outreach to clients and their family members. The Community Program Planning process shall, at a minimum, include involvement of clients and their family members in all aspects of the Process; participation of stakeholders; and training, as needed, to County staff and stakeholders, clients, and family members regarding the stakeholder process. (Cal. Code Regs., tit. 9, § 3300.) 3) The County shall adopt the following standards in planning, implementing, and evaluating the programs and/or services provided with MHSA funds: • community collaboration, as defined in California Code of Regulations, Title 9, section 3200.060; • cultural competence, as defined in section 3200.100; • client driven, as defined in section 3200.050; • family driven, as defined in section 3200.120; 6.6.a Packet Pg. 51 Attachment: Exhibit A - Performance - FY 2018-21 - Alpine - 18-95234 (DHCS - Performance Contract for MH Services) ---PAGE BREAK--- Alpine County Behavioral Health 18-95234 Page 9 of 21 Exhibit A Program Specifications • wellness, recovery and resilience focused; and integrated service experiences for clients and their families, as defined in section 3200.190. The planning, implementation and evaluation process includes, but is not limited to, the Community Program Planning Process; development of the Three-Year Program and Expenditure Plans and updates; and the manner in which the County delivers services and evaluates service delivery. (Cal. Code Regs., tit. 9, § 3320.) 7) County Requirements for Handling MHSA Funds a. County shall place all funds received from the State MHS Fund into a Local MHS Fund. The Local MHS Fund balance shall be invested consistent with other County funds and the interest earned on the investments shall be transferred into the Local MHS Fund. (Welf. & Inst. Code, § 5892, subd. b. When accounting for all receipts and expenditures of MHSA funds, County must adhere to uniform accounting standards and procedures that conform to the Generally Accepted Accounting Principles (GAAP), as prescribed by the State Controller in California Code of Regulations, Title 2, division 2, chapter 2, subchapter 1, Accounting Procedures for Counties, sections 901-949, and a manual, which is currently entitled “Accounting Standards and Procedures for Counties” and available at http://www.sco.ca.gov/pubs_guides.html, (Gov. Code, § 30200), except County shall report as spent the full cost of an asset purchased with Capital Facilities and Technological Needs funds. 8) Department Compliance Investigations: DHCS may investigate County’s performance of the Mental Health Services Act related provisions of this Agreement and compliance with the provisions of the Mental Health Services Act, and relevant regulations. In conducting such an investigation, DHCS may inspect and copy books, records, papers, accounts, documents and any writing, as defined by Evidence Code section 250, that is pertinent or material to the investigation of the County. For purposes of this Paragraph, “provider” means any person or entity that provides services, goods, supplies or merchandise, which are directly or indirectly funded pursuant to MHSA. (Gov. Code, 11180, 11181, & 11182; Welf. & Inst. Code, 5651, subd. 5897, subd. & 14124.2.) 9) County Breach, Plan of Correction and Withholding of State Mental Health Funds: a. If DHCS determines that County is out-of-compliance with the Mental Health Services Act related provisions of this Agreement, DHCS may 6.6.a Packet Pg. 52 Attachment: Exhibit A - Performance - FY 2018-21 - Alpine - 18-95234 (DHCS - Performance Contract for MH Services) ---PAGE BREAK--- Alpine County Behavioral Health 18-95234 Page 10 of 21 Exhibit A Program Specifications request that County submit a plan of correction, including a specific timeline to correct the deficiencies, to DHCS. (Welf. & Inst. Code, § 5897, subd. b. In accordance with Welfare and Institutions Code section 5655, if DHCS considers County to be substantially out-of-compliance with any provision of the Mental Health Services Act or relevant regulations, including all reporting requirements, other than timely submission of a complete Revenue and Expenditure Report, the director shall order County to appear at a hearing before the Director or the Director’s designee to show cause why the Department should not take administrative action. County shall be given at least twenty (20) days’ notice before the hearing. c. If the Director determines that there is or has been a failure, in a substantial manner, on the part of County to comply with any provision of the Welfare and Institutions Code or its implementing regulations, and that administrative sanctions are necessary, the Department may invoke any, or any combination of, the following sanctions per Welfare and Institutions Code section 5655: 1) Withhold part or all State mental health funds from County. 2) Require County to enter into negotiations with DHCS to agree on a plan for County to address County’s non-compliance. 3) Bring an action in mandamus or any other action in court as may be appropriate to compel compliance. Any action filed in accordance with the section shall be entitled to a preference in setting a date for hearing. B. BRONZAN-McCORQUODALE ACT 1) Description The Bronzan-McCorquodale Act realigned responsibility for administration of community mental health services, for the indigent population, to counties (Welf. & Inst. Code, § 5600) and provided a dedicated funding source. The County’s primary goal in using the funds is to provide an array of treatment options to seriously emotionally disturbed children and adults who have a serious mental disorder, in every geographic area, to the extent resources are available to the County. (Welf. & Inst. Code, 5600.3, 5600.35, 5600.4) The mission of California’s mental health system shall be to enable persons experiencing severe and disabling mental illnesses and children with serious emotional disturbances to access services and programs that assist them, in a manner tailored to each individual, to better control their illness, to achieve their personal goals, and to develop skills and supports leading to their living 6.6.a Packet Pg. 53 Attachment: Exhibit A - Performance - FY 2018-21 - Alpine - 18-95234 (DHCS - Performance Contract for MH Services) ---PAGE BREAK--- Alpine County Behavioral Health 18-95234 Page 11 of 21 Exhibit A Program Specifications the most constructive and satisfying lives possible in the least restrictive available settings. (Welf. & Inst. Code, § 5600.1) 2) County Obligations County shall comply with all requirements in the Bronzan McCorquodale Act (Welf. & Inst. Code, § 5600 et. Seq.) and specifically, county shall comply with the following: a. County shall fund children’s services pursuant to the requirements of Welfare and Institutions Code sections 5704.5 and 5704.6. b. County shall comply with reporting requirements developed by the Department. (Welf. & Inst. Code, 5610, 5664, 5614, subd. c. To the extent resources are available, County shall maintain the program principles and array of treatment options required under Welfare and Institutions Code sections 5600.2 to 5600.9, inclusive. (Welf. & Inst. Code, § 5614, subd. d. County shall report data to the state required by the performance outcome systems for adults and children. (Welf. & Inst. Code, 5610, 5664, 5614, subd. C. LANTERMAN-PETRIS-SHORT ACT 1) Description The LPS Act was enacted to end indefinite involuntary commitment of persons with mental health disorders and to provide prompt evaluation and treatment, to establish consistent personal rights standards, and to provide services in the least restrictive setting for individuals served under the Act. (Welf. & Inst. Code § 5001.) Pursuant to Welfare and Institutions Code section 5400, DHCS administers the LPS Act and may adopt standards as necessary. 2) Reporting and Data Submission Requirements a. The County shall maintain data on the number of persons admitted for 72-hour evaluation and treatment, 14-day and 30-day periods of intensive treatment, and 180-day post-certification intensive treatment, the number of persons transferred to mental health facilities pursuant to Section 4011.6 of the Penal Code, the number of persons for whom temporary conservatorships are established, and the number of persons for whom conservatorships are established in the County. (Welf. & Inst. Code § 5402, subds. Upon request from DHCS, 6.6.a Packet Pg. 54 Attachment: Exhibit A - Performance - FY 2018-21 - Alpine - 18-95234 (DHCS - Performance Contract for MH Services) ---PAGE BREAK--- Alpine County Behavioral Health 18-95234 Page 12 of 21 Exhibit A Program Specifications the County shall provide the aforementioned data or other information, records, and reports, which DHCS deems necessary for the purposes of Welfare and Institutions Code section 5402. (Id. at subd. b. The County shall maintain data on the number of persons whose rights were denied under the LPS Act and the right or rights which were denied. Quarterly, the County shall provide DHCS with a report of the number of persons whose rights were denied under the LPS Act and shall identify the right or rights which were denied. (Welf. & Inst. Code § 5326.1.) c. The County shall collect information and submit reports to DHCS as specified in Welfare and Institutions Code section 5326.15, subdivision 3) Laura’s Law If the County operates an Assisted Outpatient Treatment Program pursuant to Welfare and Institution Code, Division 5, Part 1, Chapter 2, Article 9, (Laura’s Law), it shall be required to comply with all applicable statutes including, but not limited to, Welfare and Institutions Code sections 5345 through 5349.5, inclusive. In addition, a County that has a Laura’s Law program shall: a. Maintain and provide data to DHCS regarding the services the county provides under Laura’s Law. (Welf. & Inst. Code § 5348 The report shall include an evaluation of the effectiveness of the strategies employed by each program in reducing homelessness and hospitalization of persons in the program and in reducing involvement with local law enforcement by persons in the program. The County shall maintain and include in the report to DHCS all of the information enumerated in Welfare and Institutions Code section 5348, subdivision paragraphs through (14). b. Pay for the provision of services under Welfare and Institutions Code sections 5347 and 5348 using funds distributed to the counties from the Mental Health Subaccount, the Mental Health Equity Subaccount, and the Vehicle License Collection Account of the Local Revenue Fund, funds from the Mental Health Account and the Behavioral Health Subaccount within the Support Services Account of the Local Revenue Fund 2011, funds from the Mental Health Services Fund when included in county plans pursuant to Section 5847, and any other funds from which the Controller makes distributions to the counties for those purposes. (Welf. & Inst. Code § 5349.) 6.6.a Packet Pg. 55 Attachment: Exhibit A - Performance - FY 2018-21 - Alpine - 18-95234 (DHCS - Performance Contract for MH Services) ---PAGE BREAK--- Alpine County Behavioral Health 18-95234 Page 13 of 21 Exhibit A Program Specifications D. PROJECTS FOR ASSISTANCE IN TRANSITION FROM HOMELESSNESS PROGRAM (42 U.S.C. 290cc-21 -290cc-35, inclusive) Pursuant to Title 42 of the United States Code, sections 290cc-21 through 290cc-35, inclusive, the State of California has been awarded federal homeless funds through the federal McKinney Projects for Assistance in Transition from Homelessness (PATH) formula grant. The PATH grant funds community based outreach, mental health and substance abuse referral/treatment, case management and other support services, as well as a limited set of housing services for the homeless mentally ill. County shall submit its Request for Application (RFA) responses and required documentation specified in DHCS’ RFA to receive PATH funds. County shall complete its RFA responses in accordance with the instructions, enclosures and attachments available on the DHCS website at: http://www.dhcs.ca.gov/services/MH/Pages/PATH.aspx. If County applied for and DHCS approved its request to receive PATH grant funds, the RFA, County’s RFA responses and required documentation, and DHCS’ approval constitute provisions of this Agreement and are incorporated by reference herein. County shall comply with all provisions of the RFA and the County’s RFA responses. The PATH grant is a federal award within the meaning of Title 2 Code of Federal Regulations part 200. This contract is a subaward to County. County is a subrecipient and subject to all applicable requirements in Title 2 Code of Federal Regulations part 200 and Title 45 Code of Federal Regulations part 75, including, but not limited to, the County requirement to have a single audit performed for PATH funds in accordance with the audit requirements in Title 2 Code of Federal Regulations part 200, subpart F, or Title 45 Code of Federal Regulations part 75. E. COMMUNITY MENTAL HEALTH SERVICES GRANT PROGRAM (42 U.S.C. § 300x-1 et seq.) Pursuant to Title 42 United States Code section 300x-1 et seq., the State of California has been awarded the federal Community Mental Health Services Block Grant funds (known as Mental Health Block Grant (MHBG)). County mental health agencies utilize MHBG funding to provide a broad array of mental health services within their mental health system of care (SOC) programs. These programs provide services to the following target populations: children and youth with serious emotional disturbances (SED) and adults and older adults with serious mental illnesses (SMI). County shall submit its RFA responses and required documentation specified in DHCS’ RFA to receive MHBG funding. County shall complete its RFA responses in accordance with the instructions, enclosures and attachments available on the DHCS website at: http://www.dhcs.ca.gov/services/MH/Pages/MHBG.aspx. 6.6.a Packet Pg. 56 Attachment: Exhibit A - Performance - FY 2018-21 - Alpine - 18-95234 (DHCS - Performance Contract for MH Services) ---PAGE BREAK--- Alpine County Behavioral Health 18-95234 Page 14 of 21 Exhibit A Program Specifications If County applied for and DHCS approved its request to receive MHBG grant funds, the RFA, County’s RFA responses and required documentation, and DHCS’ approval constitute provisions of this Agreement and are incorporated by reference herein. County shall comply with all provisions of the RFA and the County’s RFA responses. The MHBG is a federal award within the meaning of Title 2 Code of Federal Regulations part 200. This contract is a subaward to County. County is a subrecipient and subject to all applicable requirements in Title 2 Code of Federal Regulations part 200 and Title 45 Code of Federal Regulations part 75, including, but not limited to, the County requirement to have a single audit performed for MHBG funds in accordance with the audit requirements in Title 2 Code of Federal Regulations part 200, subpart F, or Title 45 Code of Federal Regulations part 75. F. CRISIS COUNSELING ASSISTANCE AND TRAINING PROGRAM (42 U.S.C. § 5183) Pursuant to Title 42 United States Code section 5183, and upon the issuance of a Presidential declaration of a major disaster, the State of California may be awarded Federal Emergency Management Agency (FEMA) funding for the Crisis Counseling Assistance and Training Program (CCP). The CCP supports short-term interventions that involve assisting disaster survivors in understanding their current situation and reactions, mitigating stress, developing coping strategies, providing emotional support, and encouraging linkages with other individuals and agencies that help survivors in their recovery process. These funds are used to provide services to all individuals affected during a disaster. 1) The CCP is comprised of three funding terms: a. Immediate Services Program (ISP) – Funding is provided for the CCP for 60 days from the date of the Presidential declaration; b. Immediate Services Program Extension (ISP Extension) – Funding is provided to cover the period from the day after the end of the ISP to the award date of the Regular Services Program (RSP). c. Regular Services Program (RSP) – Funding is provided for 9 months from award date to continue and expand the provision of crisis counseling program services. 2) Participation in the CCP is optional. County’s request to the State of California that it apply for CCP funding on behalf of the County shall be County’s agreement to comply with all applicable federal and State requirements, including the FEMA or Substance Abuse and Mental Health Services Administration (SAMHSA) approved funding application and budget; applicable requirements in the Notice of Award (from FEMA or SAMHSA) to the State, including special and standard program conditions or terms, 6.6.a Packet Pg. 57 Attachment: Exhibit A - Performance - FY 2018-21 - Alpine - 18-95234 (DHCS - Performance Contract for MH Services) ---PAGE BREAK--- Alpine County Behavioral Health 18-95234 Page 15 of 21 Exhibit A Program Specifications supplemental grant information, and the federal Health and Human Services Grants Policy Statement; 44 Code of Federal Regulations part 206.171, 42 Code of Federal Regulations part 38 and FEMA or SAMHSA CCP secondary guidance that is in effect on the date County receives the award of funding. 3) The CCP is a federal award within the meaning of Title 2 Code of Federal Regulations part 200. This contract is a subaward to County. County is a subrecipient and subject to all applicable requirements in Title 2 Code of Federal Regulations part 200 and Title 45 Code of Federal Regulations part 75, including, but not limited to, the County requirement to have a single audit performed for CCP funds in accordance with the audit requirements in Title 2 Code of Federal Regulations part 200, subpart F, or Title 45 Code of Federal Regulations part 75. CCP Funding shall not be used to supplant existing resources. County expenditure of CCP Funds are subject to State and federal oversight, including on-sight program performance reviews and federal audits. (44 C.F.R. § 206.171(k) & 42 C.F.R. § 38.9.) 4) For reference, FEMA Crisis Counseling Assistance and Training Program (FEMA secondary guidance), is accessible at the following link: 7. Reporting and Data Submission Requirements County shall comply with all data and information submission requirements specified in this Agreement. A. County shall provide all applicable data and information required by federal and/or State law in order to receive any funds to pay for its MHSA programs, PATH grant (if the County receives funds from this grant), MHBG grant (if the County receives funds from this grant), CCP program, or County provision of community mental health services provided with 1991 realignment funds (other than Medi-Cal). These federal and State laws include Title 42 of the United States Code, sections 290cc-21 through 290cc-35 and 300x through 300x-9, inclusive, Welfare & Institutions Code sections 5610 and 5664 and the regulations that implement, interpret or make specific, these federal and State laws and any DHCS-issued guidelines that relate to the programs or services. B. County shall comply with DHCS reporting requirements related to the County’s receipt of federal or State funding for mental health programs. County shall submit complete and accurate information to DHCS, and as applicable the Mental Health Services Oversight and Accountability Commission, including, but not limited, to the following: 1) Client and Service Information (CSI) System Data, as specified in Title 9 of the California Code of Regulations, section 3530.10. (See also section 7, subparagraph of this Agreement.) 6.6.a Packet Pg. 58 Attachment: Exhibit A - Performance - FY 2018-21 - Alpine - 18-95234 (DHCS - Performance Contract for MH Services) ---PAGE BREAK--- Alpine County Behavioral Health 18-95234 Page 16 of 21 Exhibit A Program Specifications 2) MHSA Quarterly Progress Reports, as specified in the California Code of Regulations, Title 9, section 3530.20. MHSA Quarterly Progress Reports provide the actual number of clients served by MHSA-funded program. Reports are submitted on a quarterly basis. 3) Full Service Partnership Performance Outcome data, as specified in the California Code of Regulations, Title 9, section 3530.30. 4) Consumer Perception Survey data, as specified in the California Code of Regulations, Title 9, section 3530.40. 5) The Annual Mental Health Services Act Revenue and Expenditure Report, as specified in Welfare and Institutions Code section 5899, subdivision and the California Code of Regulations, Title 9, sections 3510, 3510.010, and 3510.020 and DHCS-issued guidelines. 6) Innovative Project Reports (annual, final and supplements), as specified in the California Code of Regulations, Title 9, sections 3580 through 3580.020. 7) The Annual Prevention and Early Intervention report, as specified in the California Code of Regulations, Title 9, sections 3560 and 3560.010. 8) Three Year Program and Evaluation Reports, as specified in the California Code of Regulations, Title 9, sections 3560 and 3560.020. C. County shall submit CSI data to DHCS, in accordance with Title 9 of the California Code of Regulations, section 3530.10, and according to the specifications set forth in DHCS’ CSI Data Dictionary. County shall: i. Report complete and accurate CSI data to DHCS within 60 calendar days after the end of the month in which services were provided. ii. If complete and accurate data are not reported within 60 calendar days, the county must be in compliance with an approved plan of correction.. iii. Make diligent efforts to minimize errors on the CSI error file. iv. Correct all errors on the CSI error file. v. Notify DHCS 90 calendar days prior to any change in reporting system and/or change of automated system vendor. D. In the event that DHCS or County determines that, due to federal or State law changes or business requirements, an amendment is needed of either County’s or DHCS’ obligations under this contract relating to either DHCS’ or County’s information needs, both DHCS and County agree to provide notice to the other party as soon as feasible prior to implementation. This notice shall include information 6.6.a Packet Pg. 59 Attachment: Exhibit A - Performance - FY 2018-21 - Alpine - 18-95234 (DHCS - Performance Contract for MH Services) ---PAGE BREAK--- Alpine County Behavioral Health 18-95234 Page 17 of 21 Exhibit A Program Specifications and comments regarding the anticipated requirements and impacts of the projected changes. DHCS and County agree to meet and discuss the design, development, and costs of the anticipated changes prior to implementation. E. For all mental health funding sources received by County that require submission of a cost report, County shall submit a fiscal year-end cost report by December 31 following the close of the fiscal year in accordance with applicable federal and State law, regulations and DHCS-issued guidelines. (Welf. & Inst. Code § 5705; Cal. Code Regs., tit. 9, 3500, 3505.) The cost report shall be certified as true and correct, and with respect to Local Mental Health Service Fund moneys, that the County is in compliance with the California Code of Regulations, Title 9, section 3410, Non-Supplant. The certification must be completed by the Behavioral Health Director and one of the following: the County mental health department’s chief financial officer (or equivalent), an individual who has delegated authority to sign for and reports directly to the County mental health department’s chief financial officer (or equivalent), or the County’s auditor-controller (or equivalent). Data submitted shall be full and complete. County shall also submit a reconciled cost report certified by the Behavioral Health Director and the County’s auditor-controller as being true and correct no later than 18 months after the close of the following fiscal year. F. If applicable to a specific federal or State funding source covered by this Agreement, County shall require each of its subcontractors to submit a fiscal year-end cost report to DHCS no later than December 31 following the close of the fiscal year, in accordance with applicable federal and State laws, regulations, and DHCS-issued guidelines. 8. Special Terms and Conditions A. Audit and Record Retention (Applicable to agreements in excess of $10,000) 1) County and/or Subcontractor(s) shall maintain records, including books, documents, and other evidence, accounting procedures and practices, sufficient to properly support all direct and indirect costs of whatever nature claimed to have been incurred in the performance of this Agreement, including any matching costs and expenses. The forgoing constitutes “records” for the purpose of this provision. 2) County’s and/or Subcontractor’s facility or office or such part thereof as may be engaged in the performance of this Agreement and his/her records shall be subject at all reasonable times to inspection, audit, and reproduction. 3) County agrees that DHCS, the Department of General Services, the Bureau of State Audits, or their designated representatives including the Comptroller General of the United States, shall have the right to review and copy any records and supporting documentation pertaining to the performance of this 6.6.a Packet Pg. 60 Attachment: Exhibit A - Performance - FY 2018-21 - Alpine - 18-95234 (DHCS - Performance Contract for MH Services) ---PAGE BREAK--- Alpine County Behavioral Health 18-95234 Page 18 of 21 Exhibit A Program Specifications Agreement. County agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, County agrees to include a similar right of the State to audit records and interview staff in any subcontract related to performance of this Agreement. 4) County and/or Subcontractor(s) shall preserve and make available his/her records for a period of ten years from the date of final payment under this Agreement, and for such longer period, if any, as is required by applicable statute, by any other provision of this Agreement, or by subparagraphs or below. a. If this Agreement is completely or partially terminated, the records relating to the work terminated shall be preserved and made available for a period of three years from the date of any resulting final settlement. b. If any litigation, claim, negotiation, audit, or other action involving the records has been started before the expiration of the ten-year period, the records shall be retained until completion of the action and resolution of all issues which arise from it, or until the end of the regular ten-year period, whichever is later. 5) County and/or Subcontractor(s) may, at its discretion, following receipt of final payment under this Agreement, reduce its accounts, books, and records related to this Agreement to microfilm, computer disk, CD ROM, DVD, or other data storage medium. Upon request by an authorized representative to inspect, audit or obtain copies of said records, County and/or Subcontractor(s) must supply or make available applicable devices, hardware, and/or software necessary to view, copy, and/or print said records. Applicable devices may include, but are not limited to, microfilm readers and microfilm printers, etc. 6) County shall, if applicable, comply with the Single Audit Act and the audit reporting requirements set forth in 2 Code of Federal Regulations part 200. B. Dispute Resolution Process for Projects for Assistance in Transition from Homelessness Program Grant and Community Mental Health Services Grant Program If a dispute arises between the Contractor and DHCS regarding Contractor compliance with Section 6 of this Agreement, subparagraph B, Projects for Assistance in Transition from Homelessness Program, or subparagraph C, Community Mental Health Services Grant Program, the Contractor must seek resolution using the process outlined below. 6.6.a Packet Pg. 61 Attachment: Exhibit A - Performance - FY 2018-21 - Alpine - 18-95234 (DHCS - Performance Contract for MH Services) ---PAGE BREAK--- Alpine County Behavioral Health 18-95234 Page 19 of 21 Exhibit A Program Specifications 1) The Contractor must first informally discuss the problem with the DHCS Project Representative listed in subparagraph 3 below. If the parties are unable to resolve the problem informally, the Contractor must mail a written Statement of Dispute, with supporting evidence, to DHCS at the address listed in subparagraph 3 below. The Statement of Dispute must describe the issues in dispute, the legal authority or other basis for the Contractor's position, and the remedy sought. 2) The Branch Chief of DHCS’ Mental Health Management and Outcomes Reporting Branch will decide the dispute and mail a written decision to the Contractor within twenty (20) working days of receiving the Statement of Dispute from the Contractor. The decision will be in writing, resolve the dispute and include a statement of the reasons for the decision that addresses each issue raised by the Contractor. If applicable, the decision will also indicate any action Contractor must take to comply with the decision. The Branch Chief’s decision shall be the final administrative determination of DHCS. 3) Unless otherwise agreed to in writing by DHCS, the Statement of Dispute, supporting documentation, and all correspondence and documents related to the dispute resolution process shall be directed to the following: Department of Health Care Services Behavioral Health – Community Services Division/Contracts and Grants Management Section Attention: Casey Heinzen 1500 Capitol Avenue, MS 2704 P.O. Box Number 997413 Sacramento, CA, 95899-7413 C. Novation If County proposes any novation agreement, DHCS shall act upon the proposal within 60 days after receipt of the written proposal. DHCS may review and consider the proposal, consult and negotiate with County, and accept or reject all or part of the proposal. Acceptance or rejection of the proposal may be made orally within the 60-day period and confirmed in writing within five days of said decision. Upon written acceptance of the proposal, DHCS will initiate an amendment to this Agreement to formally implement the approved proposal. D. Welfare and Institutions Code section 5751.7 Waiver 1) County shall comply with Welfare and Institutions Code section 5751.7 and ensure that minors are not admitted into inpatient treatment with adults. If this requirement creates undue hardship to County due to inadequate or unavailable alternative resources, County may request a 6.6.a Packet Pg. 62 Attachment: Exhibit A - Performance - FY 2018-21 - Alpine - 18-95234 (DHCS - Performance Contract for MH Services) ---PAGE BREAK--- Alpine County Behavioral Health 18-95234 Page 20 of 21 Exhibit A Program Specifications waiver of this requirement. County shall submit the waiver request on Attachment I of this Agreement to DHCS. 2) DHCS shall review County’s waiver request and provide a written notice of approval or denial of the waiver. If County’s waiver request is denied, County shall prohibit health facilities from admitting minors into treatment with adults. 3) County shall submit the waiver request to DHCS at the time County submits this Agreement, signed by County, to DHCS for execution. County shall complete Attachment I and attach it to this Agreement. See Exhibit A, Attachment I, entitled “Request For Waiver” of this Agreement for additional submission information. 4) Execution of this Agreement by DHCS shall not constitute approval of a waiver submitted pursuant to this section. 5) Any waiver granted in the prior fiscal year’s Agreement shall be deemed to continue until either party chooses to discontinue it, as specified in Exhibit A, Attachment I. Execution of this Agreement shall continue independently of the waiver review and approval process. 6) In unusual or emergency circumstances, when County needs to request waivers after the annual Performance Contract has been executed, these requests should be e-mailed, with the subject line “Performance Contract: Unusual or Emergency Circumstances”, immediately to: California Department of Health Care Services Behavioral Health – Community Services Division Operations Branch Contracts and Grants Management Section e-mail: [EMAIL REDACTED]. 7) Each admission of a minor to a facility that has an approved waiver shall be reported to the Local Behavioral Health Director. E. Americans with Disabilities Act Contractor agrees to ensure that deliverables developed and produced pursuant to this Agreement shall comply with the accessibility requirements of section 508 of the Rehabilitation Act and the Americans with Disabilities Act of 1973 as amended (29 U.S.C. § 794(d)), and regulations implementing that Act as set forth in Part 1194 of Title 36 of the Code of Federal Regulations. In 1998, Congress amended the Rehabilitation Act of 1973 to require federal agencies to make their electronic and information technology (EIT) accessible to people with disabilities. California Government Code section 11135 codifies section 508 of the Act requiring accessibility of electronic and information technology. 6.6.a Packet Pg. 63 Attachment: Exhibit A - Performance - FY 2018-21 - Alpine - 18-95234 (DHCS - Performance Contract for MH Services) ---PAGE BREAK--- Alpine County Behavioral Health 18-95234 Page 21 of 21 Exhibit A Program Specifications F. Change in County Behavioral Health Director County agrees to notify DHCS immediately if there is any change in the position of the County Behavioral Health Director. County shall provide DHCS the contact information for any new County Behavioral Health Director appointed. 6.6.a Packet Pg. 64 Attachment: Exhibit A - Performance - FY 2018-21 - Alpine - 18-95234 (DHCS - Performance Contract for MH Services) ---PAGE BREAK--- Alpine County Behavioral Health 18-95234 Page 1 of 1 Exhibit A, Attachment I Request for Waiver Request for Waiver Pursuant To Section 5751.7 of the Welfare and Institutions Code hereby requests a waiver for the following public or private health facilities pursuant to section 5751.7 of the Welfare and Institutions Code for the term of this contract. These are facilities where minors may be provided treatment with nonspecific separate housing arrangements, treatment staff, and treatment programs designed to serve minors. However, no minor shall be admitted for treatment into the same treatment ward as an adult receiving treatment who is in the custody of any jailor for a violent crime, is a known registered sex offender, or has a known history of, or exhibits inappropriate sexual or other violent behavior which would present a threat to the physical safety of others. The request for waiver must include, as an attachment, the following: 1. A description of the hardship to the County/City due to inadequate or unavailable alternative resources that would be caused by compliance with the State policy regarding the provision of treatment to minors. 2. The specific treatment protocols and administrative procedures established by the County/City for identifying and providing appropriate treatment to minors admitted with adults. 3. Name, address, and telephone number of the facility • Number of the facility’s beds designated for involuntary treatment • Type of facility, license(s), and certification(s) held (including licensing and certifying agency and license and certificate number) • A copy of the facility’s current license or certificate and description of the program, including target population and age groups to be admitted to the designated facility. 4. If applicable, the County Board of Supervisors’ decision to designate a facility as a facility for evaluation and treatment pursuant to Welfare and Institutions Code sections 5150, 5585.50, and 5585.55. To rescind the waiver, either party shall send a letter to the other party on official letterhead signed by their respective Behavioral Health Director or his or her designee indicating that the party no longer grants or requests a waiver. If not otherwise specified by the party in the letter to the respective party, the discontinuance shall be effective the date the letter to the party is postmarked and the facility shall no longer be waivered as of this date. When the Department denies or rescinds a waiver issued to a County, the facility and the County Behavioral Health Director or designee shall receive written notification from the Department, by certified mail or e-mail. The notice shall include the decision, the basis for the decision, and any supporting documentation. 6.6.a Packet Pg. 65 Attachment: Exhibit A - Performance - FY 2018-21 - Alpine - 18-95234 (DHCS - Performance Contract for MH Services) ---PAGE BREAK--- Alpine County Behavioral Health 18-95234 Page 1 of 1 Exhibit B Funds Provision 1. Budget Contingency Clause A. It is mutually agreed that if the Budget Act of the current year and/or any subsequent years covered under this Agreement does not appropriate sufficient funds for the program, this Agreement shall be of no further force and effect. In this event, DHCS shall have no liability to pay any funds whatsoever to Alpine County Behavioral Health or to furnish any other considerations under this Agreement and Alpine County Behavioral Health shall not be obligated to perform any provisions of this Agreement. B. If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this program, DHCS shall have the option to either cancel this Agreement with no liability occurring to DHCS, or offer an agreement amendment to Alpine County Behavioral Health to reflect the reduced amount. 6.6.b Packet Pg. 66 Attachment: Exhibit B - Performance - FY 2018-21 - Alpine - 18-95234 (DHCS - Performance Contract for MH Services) ---PAGE BREAK--- Alpine County Behavioral Health 18-95234 Page 1 of 7 Exhibit D Information Confidentiality and Security Requirements DHCS ICSR 2/17 1. Definitions. For purposes of this Exhibit, the following definitions shall apply: A. Public Information: Information that is not exempt from disclosure under the provisions of the California Public Records Act (Government Code sections 6250-6265) or other applicable state or federal laws. B. Confidential Information: Information that is exempt from disclosure under the provisions of the California Public Records Act (Government Code sections 6250-6265) or other applicable state or federal laws. C. Sensitive Information: Information that requires special precautions to protect from unauthorized use, access, disclosure, modification, loss, or deletion. Sensitive Information may be either Public Information or Confidential Information. It is information that requires a higher than normal assurance of accuracy and completeness. Thus, the key factor for Sensitive Information is that of integrity. Typically, Sensitive Information includes records of agency financial transactions and regulatory actions. D. Personal Information: Information that identifies or describes an individual, including, but not limited to, their name, social security number, physical description, home address, home telephone number, education, financial matters, and medical or employment history. It is DHCS’ policy to consider all information about individuals private unless such information is determined to be a public record. This information must be protected from inappropriate access, use, or disclosure and must be made accessible to data subjects upon request. Personal Information includes the following: Notice-triggering Personal Information: Specific items of personal information (name plus Social Security number, driver license/California identification card number, or financial account number) that may trigger a requirement to notify individuals if it is acquired by an unauthorized person. For purposes of this provision, identity shall include, but not be limited to name, identifying number, symbol, or other identifying particular assigned to the individual, such as finger or voice print or a photograph. See Civil Code sections 1798.29 and 1798.82. 2. Nondisclosure. The Contractor and its employees, agents, or subcontractors shall protect from unauthorized disclosure any Personal Information, Sensitive Information, or Confidential Information (hereinafter identified as PSCI). 3. The Contractor and its employees, agents, or subcontractors shall not use any PSCI for any purpose other than carrying out the Contractor's obligations under this Agreement. 4. The Contractor and its employees, agents, or subcontractors shall transmit to the DHCS Program Contract Manager all requests for disclosure of any PSCI not emanating from the person who is the subject of PSCI. 5. The Contractor shall not disclose, except as otherwise specifically permitted by this Agreement or authorized by the person who is the subject of PSCI, any PSCI to anyone other than DHCS 6.6.c Packet Pg. 67 Attachment: Exhibit D - Performance - FY 2018-21 - Alpine - 18-95234 (DHCS - Performance Contract for MH Services) ---PAGE BREAK--- Alpine County Behavioral Health 18-95234 Page 2 of 7 Exhibit D Information Confidentiality and Security Requirements DHCS ICSR 2/17 without prior written authorization from the DHCS Program Contract Manager, except if disclosure is required by State or Federal law. 6. The Contractor shall observe the following requirements: A. Safeguards. The Contractor shall implement administrative, physical, and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of the PSCI, including electronic PSCI that it creates, receives, maintains, uses, or transmits on behalf of DHCS. Contractor shall develop and maintain a written information privacy and security program that includes administrative, technical and physical safeguards appropriate to the size and complexity of the Contractor’s operations and the nature and scope of its activities, Including at a minimum the following safeguards: 1) Personnel Controls a. Employee Training. All workforce members who assist in the performance of functions or activities on behalf of DHCS, or access or disclose DHCS PSCI, must complete information privacy and security training, at least annually, at Business Associate’s expense. Each workforce member who receives information privacy and security training must sign a certification, indicating the member’s name and the date on which the training was completed. These certifications must be retained for a period of six years following contract termination. b. Employee Discipline. Appropriate sanctions must be applied against workforce members who fail to comply with privacy policies and procedures or any provisions of these requirements, including termination of employment where appropriate. c. Confidentiality Statement. All persons that will be working with DHCS PSCI must sign a confidentiality statement that includes, at a minimum, General Use, Security and Privacy Safeguards, Unacceptable Use, and Enforcement Policies. The statement must be signed by the workforce member prior to access to DHCS PSCI. The statement must be renewed annually. The Contractor shall retain each person’s written confidentiality statement for DHCS inspection for a period of six years following contract termination. d. Background Check. Before a member of the workforce may access DHCS PSCI, a thorough background check of that worker must be conducted, with evaluation of the results to assure that there is no indication that the worker may present a risk to the security or integrity of confidential data or a risk for theft or misuse of confidential data. The Contractor shall retain each workforce member’s background check documentation for a period of three years following contract termination. 2) Technical Security Controls a. Workstation/Laptop All workstations and laptops that process and/or store DHCS PSCI must be using a FIPS 140-2 certified algorithm which 6.6.c Packet Pg. 68 Attachment: Exhibit D - Performance - FY 2018-21 - Alpine - 18-95234 (DHCS - Performance Contract for MH Services) ---PAGE BREAK--- Alpine County Behavioral Health 18-95234 Page 3 of 7 Exhibit D Information Confidentiality and Security Requirements DHCS ICSR 2/17 is 128bit or higher, such as Advanced Standard (AES). The solution must be full disk unless approved by the DHCS Information Security Office. b. Server Security. Servers containing DHCS PSCI must have sufficient administrative, physical, and technical controls in place to protect that data, based upon a risk assessment/system security review. c. Minimum Necessary. Only the minimum necessary amount of DHCS PSCI required to perform necessary business functions may be copied, downloaded, or exported. d. Removable media devices. All electronic files that contain DHCS PSCI data must be when stored on any removable media or portable device (i.e. USB thumb drives, floppies, CD/DVD, smartphones, backup tapes etc.). must be a FIPS 140-2 certified algorithm which is 128bit or higher, such as AES. e. Antivirus software. All workstations, laptops and other systems that process and/or store DHCS PSCI must install and actively use comprehensive anti-virus software solution with automatic updates scheduled at least daily. f. Patch Management. All workstations, laptops and other systems that process and/or store DHCS PSCI must have critical security patches applied, with system reboot if necessary. There must be a documented patch management process which determines installation timeframe based on risk assessment and vendor recommendations. At a maximum, all applicable patches must be installed within 30 days of vendor release. g. User IDs and Password Controls. All users must be issued a unique user name for accessing DHCS PSCI. Username must be disabled, deleted, or the password changed upon the transfer or termination of an employee with knowledge of the password, at maximum within 24 hours. Passwords are not to be shared. Passwords must be at least eight characters and must be a non-dictionary word. Passwords must not be stored in readable format on the computer. Passwords must be changed every 90 days, preferably every 60 days. Passwords must be changed if revealed or compromised. Passwords must be composed of characters from at least three of the following four groups from the standard keyboard: • Upper case letters (A-Z) • Lower case letters (a-z) • Arabic numerals (0-9) • Non-alphanumeric characters (punctuation symbols) h. Data Destruction. When no longer needed, all DHCS PSCI must be cleared, purged, or destroyed consistent with NIST Special Publication 800-88, Guidelines for Media Sanitization such that the PSCI cannot be retrieved. 6.6.c Packet Pg. 69 Attachment: Exhibit D - Performance - FY 2018-21 - Alpine - 18-95234 (DHCS - Performance Contract for MH Services) ---PAGE BREAK--- Alpine County Behavioral Health 18-95234 Page 4 of 7 Exhibit D Information Confidentiality and Security Requirements DHCS ICSR 2/17 i. System Timeout. The system providing access to DHCS PSCI must provide an automatic timeout, requiring re-authentication of the user session after no more than 20 minutes of inactivity. j. Warning Banners. All systems providing access to DHCS PSCI must display a warning banner stating that data is confidential, systems are logged, and system use is for business purposes only by authorized users. User must be directed to log off the system if they do not agree with these requirements. k. System Logging. The system must maintain an automated audit trail which can identify the user or system process which initiates a request for DHCS PSCI, or which alters DHCS PSCI. The audit trail must be date and time stamped, must log both successful and failed accesses, must be read only, and must be restricted to authorized users. If DHCS PSCI is stored in a database, database logging functionality must be enabled. Audit trail data must be archived for at least 3 years after occurrence. l. Access Controls. The system providing access to DHCS PSCI must use role based access controls for all user authentications, enforcing the principle of least privilege. m. Transmission All data transmissions of DHCS PSCI outside the secure internal network must be using a FIPS 140-2 certified algorithm which is 128bit or higher, such as AES. can be end to end at the network level, or the data files containing PSCI can be This requirement pertains to any type of PSCI in motion such as website access, file transfer, and E-Mail. n. Intrusion Detection. All systems involved in accessing, holding, transporting, and protecting DHCS PSCI that are accessible via the Internet must be protected by a comprehensive intrusion detection and prevention solution. 3) Audit Controls a. System Security Review. All systems processing and/or storing DHCS PSCI must have at least an annual system risk assessment/security review which provides assurance that administrative, physical, and technical controls are functioning effectively and providing adequate levels of protection. Reviews should include vulnerability scanning tools. b. Log Reviews. All systems processing and/or storing DHCS PSCI must have a routine procedure in place to review system logs for unauthorized access. c. Change Control. All systems processing and/or storing DHCS PSCI must have a documented change control procedure that ensures separation of duties and protects the confidentiality, integrity and availability of data. 6.6.c Packet Pg. 70 Attachment: Exhibit D - Performance - FY 2018-21 - Alpine - 18-95234 (DHCS - Performance Contract for MH Services) ---PAGE BREAK--- Alpine County Behavioral Health 18-95234 Page 5 of 7 Exhibit D Information Confidentiality and Security Requirements DHCS ICSR 2/17 4) Business Continuity / Disaster Recovery Controls a. Emergency Mode Operation Plan. Contractor must establish a documented plan to enable continuation of critical business processes and protection of the security of electronic DHCS PSCI in the event of an emergency. Emergency means any circumstance or situation that causes normal computer operations to become unavailable for use in performing the work required under this Agreement for more than 24 hours. b. Data Backup Plan. Contractor must have established documented procedures to backup DHCS PSCI to maintain retrievable exact copies of DHCS PSCI. The plan must include a regular schedule for making backups, storing backups offsite, an inventory of backup media, and an estimate of the amount of time needed to restore DHCS PSCI should it be lost. At a minimum, the schedule must be a weekly full backup and offsite storage of DHCS data. 5) Paper Document Controls a. Supervision of Data. DHCS PSCI in paper form shall not be left unattended at any time, unless it is locked in a file cabinet, file room, desk or office. Unattended means that information is not being observed by an employee authorized to access the information. DHCS PSCI in paper form shall not be left unattended at any time in vehicles or planes and shall not be checked in baggage on commercial airplanes. b. Escorting Visitors. Visitors to areas where DHCS PSCI is contained shall be escorted and DHCS PSCI shall be kept out of sight while visitors are in the area. c. Confidential Destruction. DHCS PSCI must be disposed of through confidential means, such as cross cut shredding and pulverizing. d. Removal of Data. DHCS PSCI must not be removed from the premises of the Contractor except with express written permission of DHCS. e. Faxing. Faxes containing DHCS PSCI shall not be left unattended and fax machines shall be in secure areas. Faxes shall contain a confidentiality statement notifying persons receiving faxes in error to destroy them. Fax numbers shall be verified with the intended recipient before sending the fax. f. Mailing. Mailings of DHCS PSCI shall be sealed and secured from damage or inappropriate viewing of PSCI to the extent possible. Mailings which include 500 or more individually identifiable records of DHCS PSCI in a single package shall be sent using a tracked mailing method which includes verification of delivery and receipt, unless the prior written permission of DHCS to use another method is obtained. 6.6.c Packet Pg. 71 Attachment: Exhibit D - Performance - FY 2018-21 - Alpine - 18-95234 (DHCS - Performance Contract for MH Services) ---PAGE BREAK--- Alpine County Behavioral Health 18-95234 Page 6 of 7 Exhibit D Information Confidentiality and Security Requirements DHCS ICSR 2/17 B. Security Officer. The Contractor shall designate a Security Officer to oversee its data security program who will be responsible for carrying out its privacy and security programs and for communicating on security matters with DHCS. Discovery and Notification of Breach. Notice to DHCS: To notify DHCS immediately upon the discovery of a suspected security incident that involves data provided to DHCS by the Social Security Administration. This notification will be by telephone call plus email or fax upon the discovery of the breach. To notify DHCS within 24 hours by email or fax of the discovery of unsecured PSCI in electronic media or in any other media if the PSCI was, or is reasonably believed to have been, accessed or acquired by an unauthorized person, any suspected security incident, intrusion or unauthorized access, use or disclosure of PSCI in violation of this Agreement and this Addendum, or potential loss of confidential data affecting this Agreement. A breach shall be treated as discovered by the contractor as of the first day on which the breach is known, or by exercising reasonable diligence would have been known, to any person (other than the person committing the breach) who is an employee, officer or other agent of the contractor.. Notice shall be provided to the DHCS Program Contract Manager, the DHCS Privacy Officer and the DHCS Information Security Officer. If the incident occurs after business hours or on a weekend or holiday and involves data provided to DHCS by the Social Security Administration, notice shall be provided by calling the DHCS EITS Service Desk. Notice shall be made using the “DHCS Privacy Incident Report” form, including all information known at the time. The contractor shall use the most current version of this form, which is posted on the DHCS Privacy Office website (www.dhcs.ca.gov, then select “Privacy” in the left column and then “Business Use” near the middle of the page) or use this link: .aspx C. Upon discovery of a breach or suspected security incident, intrusion or unauthorized access, use or disclosure of PSCI, the Contractor shall take: 1) Prompt corrective action to mitigate any risks or damages involved with the breach and to protect the operating environment and 2) Any action pertaining to such unauthorized disclosure required by applicable Federal and State laws and regulations. D. Investigation of Breach. The Contractor shall immediately investigate such security incident, breach, or unauthorized use or disclosure of PSCI. If the initial report did not include all of the requested information marked with an asterisk, then within seventy-two (72) hours of the discovery, The Contractor shall submit an updated “DHCS Privacy Incident Report” containing the information marked with an asterisk and all other applicable information listed on the form, to the extent known at that time, to the DHCS Program Contract Manager, the DHCS Privacy Officer, and the DHCS Information Security Officer: 6.6.c Packet Pg. 72 Attachment: Exhibit D - Performance - FY 2018-21 - Alpine - 18-95234 (DHCS - Performance Contract for MH Services) ---PAGE BREAK--- Alpine County Behavioral Health 18-95234 Page 7 of 7 Exhibit D Information Confidentiality and Security Requirements DHCS ICSR 2/17 E. Written Report. The Contractor shall provide a written report of the investigation to the DHCS Program Contract Manager, the DHCS Privacy Officer, and the DHCS Information Security Officer, if all of the required information was not included in the DHCS Privacy Incident Report, within ten (10) working days of the discovery of the breach or unauthorized use or disclosure. The report shall include, but not be limited to, the information specified above, as well as a full, detailed corrective action plan, including information on measures that were taken to halt and/or contain the improper use or disclosure. F. Notification of Individuals. The Contractor shall notify individuals of the breach or unauthorized use or disclosure when notification is required under state or federal law and shall pay any costs of such notifications, as well as any costs associated with the breach. The DHCS Program Contract Manager, the DHCS Privacy Officer, and the DHCS Information Security Officer shall approve the time, manner and content of any such notifications. 7. Affect on lower tier transactions. The terms of this Exhibit shall apply to all contracts, subcontracts, and subawards, regardless of whether they are for the acquisition of services, goods, or commodities. The Contractor shall incorporate the contents of this Exhibit into each subcontract or subaward to its agents, subcontractors, or independent consultants. 8. Contact Information. To direct communications to the above referenced DHCS staff, the Contractor shall initiate contact as indicated herein. DHCS reserves the right to make changes to the contact information below by giving written notice to the Contractor. Said changes shall not require an amendment to this Exhibit or the Agreement to which it is incorporated. DHCS Program Contract Manager DHCS Privacy Officer DHCS Information Security Officer See the Scope of Work exhibit for Program Contract Manager information Privacy Officer c/o Office of Legal Services Department of Health Care Services P.O. Box 997413, MS 0011 Sacramento, CA 95899-7413 Email: [EMAIL REDACTED] Telephone: (916) 445-4646 Information Security Officer DHCS Information Security Office P.O. Box 997413, MS 6400 Sacramento, CA 95899-7413 Email: [EMAIL REDACTED] Telephone: ITSD Help Desk (916) 440-7000 or (800) 579-0874 9. Audits and Inspections. From time to time, DHCS may inspect the facilities, systems, books and records of the Contractor to monitor compliance with the safeguards required in the Information Confidentiality and Security Requirements (ICSR) exhibit. Contractor shall remedy any violation of any provision of this ICSR exhibit. The fact that DHCS inspects, or fails to inspect, or has the right to inspect, Contractor’s facilities, systems and procedures does not relieve Contractor of its responsibility to comply with this ICSR exhibit. 6.6.c Packet Pg. 73 Attachment: Exhibit D - Performance - FY 2018-21 - Alpine - 18-95234 (DHCS - Performance Contract for MH Services) ---PAGE BREAK--- Alpine County Behavioral Health 18-95234 Page 1 of 31 EXHIBIT E PRIVACY AND INFORMATION SECURITY PROVISIONS This Exhibit E is intended to protect the privacy and security of specified Department information that Contractor may access, receive, or transmit under this Agreement. The Department information covered under this Exhibit E consists of: Protected Health Information as defined under the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191 (“HIPAA”)(PHI): and Personal Information (PI) as defined under the California Information Practices Act (CIPA), at California Civil Code Section 1798.3. Personal Information may include data provided to the Department by the Social Security Administration. Exhibit E consists of the following parts: 1. Exhibit E-1, HIPAA Business Associate Addendum, which provides for the privacy and security of PHI. 1. Exhibit E-2, which provides for the privacy and security of PI in accordance with specified provisions of the Agreement between the Department and the Social Security Administration, known as the Information Exchange Agreement (IEA) and the Computer Matching and Privacy Protection Act Agreement between the Social Security Administration and the California Health and Human Services Agency (Computer Agreement) to the extent Contractor access, receives, or transmits PI under these Agreements. Exhibit E-2 further provides for the privacy and security of PI under Civil Code Section 1798.3(a) and 1798.29. 2. Exhibit E-3, Miscellaneous Provision, sets forth additional terms and conditions that extend to the provisions of Exhibit E in its entirety. 6.6.d Packet Pg. 74 Attachment: Exhibit E - Performance - FY 2018-21 - Alpine - 18-95234 (DHCS - Performance Contract for MH Services) ---PAGE BREAK--- Alpine County Behavioral Health 18-95234 Page 2 of 31 EXHIBIT E-1 HIPAA Business Associate Addendum 1. Recitals. A. A business associate relationship under the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191 (“HIPAA”), the Health Information Technology for Economic and Clinical Health Act, Public Law 111-005 (”the HITECH Act"), 42 U.S.C. Section 17921 et seq., and their implementing privacy and security regulations at 45 CFR Parts 160 and 164 (“the HIPAA regulations”) between Department and Contractor arises only to the extent that Contractor creates, receives, maintains, transmits, uses or discloses PHI or ePHI on the Department’s behalf, or provides services, arranges, performs or assists in the performance of functions or activities on behalf of the Department that are included in the definition of “business associate” in 45 C.F.R. 160.103 where the provision of the service involves the disclosure of PHI or ePHI from the Department, including but not limited to, utilization review, quality assurance, or benefit management. To the extent Contractor performs these services, functions, and activities on behalf of Department, Contractor is the Business Associate of the Department, acting on the Department's behalf. The Department and Contractor are each a party to this Agreement and are collectively referred to as the "parties.” B. The Department wishes to disclose to Contractor certain information pursuant to the terms of this Agreement, some of which may constitute Protected Health Information including protected health information in electronic media (“ePHI”), under federal law, to be used or disclosed in the course of providing services and activities as set forth in Section 1.A. of Exhibit E-1 of this Agreement. This information is hereafter referred to as “Department PHI”. C. The purpose of this Exhibit E-1 is to protect the privacy and security of the PHI and ePHI that may be created, received, maintained, transmitted, used or disclosed pursuant to this Agreement, and to comply with certain standards and requirements of HIPAA, the HITECH Act, and the HIPAA regulations, including, but not limited to, the requirement that the Department must enter into a contract containing specific requirements with Contractor prior to the disclosure of PHI to Contractor, as set forth in 45 CFR Parts 160 and 164 and the HITECH Act. To the extent that data is both PHI or ePHI and Personally 6.6.d Packet Pg. 75 Attachment: Exhibit E - Performance - FY 2018-21 - Alpine - 18-95234 (DHCS - Performance Contract for MH Services) ---PAGE BREAK--- Alpine County Behavioral Health 18-95234 Page 3 of 31 Identifying Information, both Exhibit E-2 (including Attachment B, the SSA Agreement between SSA, CHHS and DHCS, referred to in Exhibit E-2) and this Exhibit E-1 shall apply. D. The terms used in this Exhibit E-1, but not otherwise defined, shall have the same meanings as those terms have in the HIPAA regulations. Any reference to statutory or regulatory language shall be to such language as in effect or as amended. 2. Definitions. A. Breach shall have the meaning given to such term under HIPAA, the HITECH Act, and the HIPAA regulations. B. Business Associate shall have the meaning given to such term under HIPAA, the HITECH Act, and the HIPAA regulations. C. Covered Entity shall have the meaning given to such term under HIPAA, the HITECH Act, and the HIPAA regulations. D. Department PHI shall mean Protected Health Information or Electronic Protected Health Information, as defined below, accessed by Contractor in a database maintained by the Department, received by Contractor from the Department or acquired or created by Contractor in connection with performing the functions, activities and services on behalf of the Department as specified in Section 1.A. of Exhibit E-1 of this Agreement. The terms PHI as used in this document shall mean Department PHI. E. Electronic Health Records shall have the meaning given to such term in the HITECH Act, including, but not limited to, 42 U.S.C. Section 17921 and implementing regulations. F. Electronic Protected Health Information (ePHI) means individually identifiable health information transmitted by electronic media or maintained in electronic media, including but not limited to electronic media as set forth under 45 CFR section 160.103. G. Individually Identifiable Health Information means health information, including demographic information collected from an individual, that is created or received by a health care provider, health plan, employer or health care clearinghouse, and relates to the past, present or future physical or mental health or condition of an individual, the provision of health care to an individual, or the past, present, or future payment for the provision of health care to an individual, that identifies the individual or where there is a reasonable basis to believe the information can be 6.6.d Packet Pg. 76 Attachment: Exhibit E - Performance - FY 2018-21 - Alpine - 18-95234 (DHCS - Performance Contract for MH Services) ---PAGE BREAK--- Alpine County Behavioral Health 18-95234 Page 4 of 31 used to identify the individual, as set forth under 45 CFR Section 160.103. H. Privacy Rule shall mean the HIPAA Regulations that are found at 45 CFR Parts 160 and 164, subparts A and E. I. Protected Health Information (PHI) means individually identifiable health information that is transmitted by electronic media, maintained in electronic media, or is transmitted or maintained in any other form or medium, as set forth under 45 CFR Section 160.103 and as defined under HIPAA. J. Required by law, as set forth under 45 CFR Section 164.103, means a mandate contained in law that compels an entity to make a use or disclosure of PHI that is enforceable in a court of law. This includes, but is not limited to, court orders and court-ordered warrants, subpoenas or summons issued by a court, grand jury, a governmental or tribal inspector general, or an administrative body authorized to require the production of information, and a civil or an authorized investigative demand. It also includes Medicare conditions of participation with respect to health care providers participating in the program, and statutes or regulations that require the production of information, including statutes or regulations that require such information if payment is sought under a government program providing public benefits. K. Secretary means the Secretary of the U.S. Department of Health and Human Services ("HHS") or the Secretary's designee. L. Security Incident means the attempted or successful unauthorized access, use, disclosure, modification, or destruction of Department PHI, or confidential data utilized by Contractor to perform the services, functions and activities on behalf of Department as set forth in Section 1.A. of Exhibit E-1 of this Agreement; or interference with system operations in an information system that processes, maintains or stores Department PHI. M. Security Rule shall mean the HIPAA regulations that are found at 45 CFR Parts 160 and 164. N. Unsecured PHI shall have the meaning given to such term under the HITECH Act, 42 U.S.C. Section 17932(h), any guidance issued by the Secretary pursuant to such Act and the HIPAA regulations. 3. Terms of Agreement. 6.6.d Packet Pg. 77 Attachment: Exhibit E - Performance - FY 2018-21 - Alpine - 18-95234 (DHCS - Performance Contract for MH Services) ---PAGE BREAK--- Alpine County Behavioral Health 18-95234 Page 5 of 31 A. Permitted Uses and Disclosures of Department PHI by Contractor. Except as otherwise indicated in this Exhibit E-1, Contractor may use or disclose Department PHI only to perform functions, activities or services specified in Section 1.A of Exhibit E-1 of this Agreement, for, or on behalf of the Department, provided that such use or disclosure would not violate the HIPAA regulations or the limitations set forth in 42 CFR Part 2, or any other applicable law, if done by the Department. Any such use or disclosure, if not for purposes of treatment activities of a health care provider as defined by the Privacy Rule, must, to the extent practicable, be limited to the limited data set, as defined in 45 CFR Section 164.514(e)(2), or, if needed, to the minimum necessary to accomplish the intended purpose of such use or disclosure, in compliance with the HITECH Act and any guidance issued pursuant to such Act, and the HIPAA regulations. B. Specific Use and Disclosure Provisions. Except as otherwise indicated in this Exhibit E-1, Contractor may: 1) Use and Disclose for Management and Administration. Use and disclose Department PHI for the proper management and administration of the Contractor’s business, provided that such disclosures are required by law, or the Contractor obtains reasonable assurances from the person to whom the information is disclosed, in accordance with section D(7) of this Exhibit E-1, that it will remain confidential and will be used or further disclosed only as required by law or for the purpose for which it was disclosed to the person, and the person notifies the Contractor of any instances of which it is aware that the confidentiality of the information has been breached. 2) Provision of Data Aggregation Services. Use Department PHI to provide data aggregation services to the Department to the extent requested by the Department and agreed to by Contractor. Data aggregation means the combining of PHI created or received by the Contractor, as the Business Associate, on behalf of the Department with PHI received by the Business Associate in its capacity as the Business Associate of another covered entity, to permit data analyses that relate to the health care operations of the Department C. Prohibited Uses and Disclosures 1) Contractor shall not disclose Department PHI about an individual to a health plan for payment or health care operations purposes if the Department PHI pertains solely to a health care item or service for 6.6.d Packet Pg. 78 Attachment: Exhibit E - Performance - FY 2018-21 - Alpine - 18-95234 (DHCS - Performance Contract for MH Services) ---PAGE BREAK--- Alpine County Behavioral Health 18-95234 Page 6 of 31 which the health care provider involved has been paid out of pocket in full and the individual requests such restriction, in accordance with 42 U.S.C. Section 17935(a) and 45 CFR Section 164.522(a). 2) Contractor shall not directly or indirectly receive remuneration in exchange for Department PHI. D. Responsibilities of Contractor Contractor agrees: 1) Nondisclosure. Not to use or disclose Department PHI other than as permitted or required by this Agreement or as required by law, including but not limited to 42 CFR Part 2. 2) Compliance with the HIPAA Security Rule. To implement administrative, physical, and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of the Department PHI, including electronic PHI, that it creates, receives, maintains, uses or transmits on behalf of the Department, in compliance with 45 CFR Sections 164.308, 164.310 and 164.312, and to prevent use or disclosure of Department PHI other than as provided for by this Agreement. Contractor shall implement reasonable and appropriate policies and procedures to comply with the standards, implementation specifications and other requirements of 45 CFR Section 164, subpart C, in compliance with 45 CFR Section164.316. Contractor shall develop and maintain a written information privacy and security program that includes administrative, technical and physical safeguards appropriate to the size and complexity of the Contractor’s operations and the nature and scope of its activities, and which incorporates the requirements of section 3, Security, below. Contractor will provide the Department with its current and updated policies upon request. 3) Security. Contractor shall take any and all steps necessary to ensure the continuous security of all computerized data systems containing PHI and/or PI, and to protect paper documents containing PHI and/or PI. These steps shall include, at a minimum: a. Complying with all of the data system security precautions listed in Attachment A, Data Security Requirements; b. Achieving and maintaining compliance with the HIPAA Security Rule (45 CFR Parts 160 and 164), as necessary in conducting operations on behalf of DHCS under this 6.6.d Packet Pg. 79 Attachment: Exhibit E - Performance - FY 2018-21 - Alpine - 18-95234 (DHCS - Performance Contract for MH Services) ---PAGE BREAK--- Alpine County Behavioral Health 18-95234 Page 7 of 31 Agreement; and c. Providing a level and scope of security that is at least comparable to the level and scope of security established by the Office of Management and Budget in OMB Circular No. A-130, Appendix III- Security of Federal Automated Information Systems, which sets forth guidelines for automated information systems in Federal agencies. 4) Security Officer. Contractor shall designate a Security Officer to oversee its data security program who shall be responsible for carrying out the requirements of this section and for communicating on security matters with the Department. 5) Mitigation of Harmful Effects. To mitigate, to the extent practicable, any harmful effect that is known to Contractor of a use or disclosure of Department PHI by Contractor or its subcontractors in violation of the requirements of this Exhibit E. 6) Reporting Unauthorized Use or Disclosure. To report to Department any use or disclosure of Department PHI not provided for by this Exhibit E of which it becomes aware. 7) Contractor’s Agents and Subcontractors. a. To enter into written agreements with any agents, including subcontractors and vendors to whom Contractor provides Department PHI, that impose the same restrictions and conditions on such agents, subcontractors and vendors that apply to Contractor with respect to such Department PHI under this Exhibit E, and that require compliance with all applicable provisions of HIPAA, the HITECH Act and the HIPAA regulations, including the requirement that any agents, subcontractors or vendors implement reasonable and appropriate administrative, physical, and technical safeguards to protect such PHI. As required by HIPAA, the HITECH Act and the HIPAA regulations, including 45 CFR Sections 164.308 and 164.314, Contractor shall incorporate, when applicable, the relevant provisions of this Exhibit E-1 into each subcontract or subaward to such agents, subcontractors and vendors, including the requirement that any security incidents or breaches of unsecured PHI be reported to Contractor. b. In accordance with 45 CFR Section 164.504(e)(1)(ii), upon 6.6.d Packet Pg. 80 Attachment: Exhibit E - Performance - FY 2018-21 - Alpine - 18-95234 (DHCS - Performance Contract for MH Services) ---PAGE BREAK--- Alpine County Behavioral Health 18-95234 Page 8 of 31 Contractor’s knowledge of a material breach or violation by its subcontractor of the agreement between Contractor and the subcontractor, Contractor shall: i) Provide an opportunity for the subcontractor to cure the breach or end the violation and terminate the agreement if the subcontractor does not cure the breach or end the violation within the time specified by the Department; or ii) Immediately terminate the agreement if the subcontractor has breached a material term of the agreement and cure is not possible. 8) Availability of Information to the Department and Individuals to Provide Access and Information: a. To provide access as the Department may require, and in the time and manner designated by the Department (upon reasonable notice and during Contractor’s normal business hours) to Department PHI in a Designated Record Set, to the Department (or, as directed by the Department), to an Individual, in accordance with 45 CFR Section 164.524. Designated Record Set means the group of records maintained for the Department health plan under this Agreement that includes medical, dental and billing records about individuals; enrollment, payment, claims adjudication, and case or medical management systems maintained for the Department health plan for which Contractor is providing services under this Agreement; or those records used to make decisions about individuals on behalf of the Department. Contractor shall use the forms and processes developed by the Department for this purpose and shall respond to requests for access to records transmitted by the Department within fifteen (15) calendar days of receipt of the request by producing the records or verifying that there are none. b. If Contractor maintains an Electronic Health Record with PHI, and an individual requests a copy of such information in an electronic format, Contractor shall provide such information in an electronic format to enable the Department to fulfill its obligations under the HITECH Act, including but not limited to, 42 U.S.C. Section 17935(e) and the HIPAA regulations. 6.6.d Packet Pg. 81 Attachment: Exhibit E - Performance - FY 2018-21 - Alpine - 18-95234 (DHCS - Performance Contract for MH Services) ---PAGE BREAK--- Alpine County Behavioral Health 18-95234 Page 9 of 31 9) Amendment of Department PHI. To make any amendment(s) to Department PHI that were requested by a patient and that the Department directs or agrees should be made to assure compliance with 45 CFR Section 164.526, in the time and manner designated by the Department, with the Contractor being given a minimum of twenty (20) days within which to make the amendment. 10) Internal Practices. To make Contractor’s internal practices, books and records relating to the use and disclosure of Department PHI available to the Department or to the Secretary, for purposes of determining the Department’s compliance with the HIPAA regulations. If any information needed for this purpose is in the exclusive possession of any other entity or person and the other entity or person fails or refuses to furnish the information to Contractor, Contractor shall provide written notification to the Department and shall set forth the efforts it made to obtain the information. 11) Documentation of Disclosures. To document and make available to the Department or (at the direction of the Department) to an individual such disclosures of Department PHI, and information related to such disclosures, necessary to respond to a proper request by the subject Individual for an accounting of disclosures of such PHI, in accordance with the HITECH Act and its implementing regulations, including but not limited to 45 CFR Section 164.528 and 42 U.S.C. Section 17935(c). If Contractor maintains electronic health records for the Department as of January 1, 2009 and later, Contractor must provide an accounting of disclosures, including those disclosures for treatment, payment or health care operations. The electronic accounting of disclosures shall be for disclosures during the three years prior to the request for an accounting. 12) Breaches and Security Incidents. During the term of this Agreement, Contractor agrees to implement reasonable systems for the discovery and prompt reporting of any breach or security incident, and to take the following steps: a. Initial Notice to the Department. To notify the Department immediately by telephone call or email or fax upon the discovery of a breach of unsecured PHI in electronic media or in any other media if the PHI was, or is reasonably believed to have been, accessed or acquired by an unauthorized person. To notify the Department within 24 hours (one hour if SSA data) by email or fax of 6.6.d Packet Pg. 82 Attachment: Exhibit E - Performance - FY 2018-21 - Alpine - 18-95234 (DHCS - Performance Contract for MH Services) ---PAGE BREAK--- Alpine County Behavioral Health 18-95234 Page 10 of 31 the discovery of any suspected security incident, intrusion or unauthorized access, use or disclosure of PHI in violation of this Agreement or this Exhibit E-1, or potential loss of confidential data affecting this Agreement. A breach shall be treated as discovered by Contractor as of the first day on which the breach is known, or by exercising reasonable diligence would have been known, to any person (other than the person committing the breach) who is an employee, officer or other agent of Contractor. Notice shall be provided to the Information Protection Unit, Office of HIPAA Compliance. If the incident occurs after business hours or on a weekend or holiday and involves electronic PHI, notice shall be provided by calling the Information Protection Unit ([PHONE REDACTED], [PHONE REDACTED]) or by emailing [EMAIL REDACTED]). Notice shall be made using the DHCS “Privacy Incident Report” form, including all information known at the time. Contractor shall use the most current version of this form, which is posted on the DHCS Information Security Officer website (www.dhcs.ca.gov, then select “Privacy” in the left column and then “Business Partner” near the middle of the page) or use this link: http://www.dhcs.ca.gov/formsandpubs/laws/priv/Pages/DH CSBusinessAssociatesOnly.aspx Upon discovery of a breach or suspected security incident, intrusion or unauthorized access, use or disclosure of Department PHI, Contractor shall take: i) Prompt corrective action to mitigate any risks or damages involved with the breach and to protect the operating environment; and ii) Any action pertaining to such unauthorized disclosure required by applicable Federal and State laws and regulations. b. Investigation and Investigation Report. To immediately investigate such suspected security incident, security incident, breach, or unauthorized access, use or disclosure of PHI . Within 72 hours of the discovery, Contractor shall submit an updated “Privacy Incident Report” containing the information marked with an asterisk and all other applicable information listed on the 6.6.d Packet Pg. 83 Attachment: Exhibit E - Performance - FY 2018-21 - Alpine - 18-95234 (DHCS - Performance Contract for MH Services) ---PAGE BREAK--- Alpine County Behavioral Health 18-95234 Page 11 of 31 form, to the extent known at that time, to the Information Protection Unit. c. Complete Report. To provide a complete report of the investigation to the Department Program Contract Manager and the Information Protection Unit within ten (10) working days of the discovery of the breach or unauthorized use or disclosure. The report shall be submitted on the “Privacy Incident Report” form and shall include an assessment of all known factors relevant to a determination of whether a breach occurred under applicable provisions of HIPAA, the HITECH Act, and the HIPAA regulations. The report shall also include a full, detailed corrective action plan, including information on measures that were taken to halt and/or contain the improper use or disclosure. If the Department requests information in addition to that listed on the “Privacy Incident Report” form, Contractor shall make reasonable efforts to provide the Department with such information. If, because of the circumstances of the incident, Contractor needs more than ten (10) working days from the discovery to submit a complete report, the Department may grant a reasonable extension of time, in which case Contractor shall submit periodic updates until the complete report is submitted. If necessary, a Supplemental Report may be used to submit revised or additional information after the completed report is submitted, by submitting the revised or additional information on an updated “Privacy Incident Report” form. The Department will review and approve the determination of whether a breach occurred and whether individual notifications and a corrective action plan are required. d. Responsibility for Reporting of Breaches. If the cause of a breach of Department PHI is attributable to Contractor or its agents, subcontractors or vendors, Contractor is responsible for all required reporting of the breach as specified in 42 U.S.C. section 17932 and its implementing regulations, including notification to media outlets and to the Secretary (after obtaining prior written approval of DHCS). If a breach of unsecured Department PHI involves more than 500 residents of the State of California or under its jurisdiction, Contractor shall first notify DHCS, then the Secretary of the breach immediately upon discovery of the breach. If a breach involves more than 500 California residents, Contractor shall also provide, after obtaining written prior approval of DHCS, notice to the Attorney General for the State of California, 6.6.d Packet Pg. 84 Attachment: Exhibit E - Performance - FY 2018-21 - Alpine - 18-95234 (DHCS - Performance Contract for MH Services) ---PAGE BREAK--- Alpine County Behavioral Health 18-95234 Page 12 of 31 Privacy Enforcement Section. If Contractor has reason to believe that duplicate reporting of the same breach or incident may occur because its subcontractors, agents or vendors may report the breach or incident to the Department in addition to Contractor, Contractor shall notify the Department, and the Department and Contractor may take appropriate action to prevent duplicate reporting. e. Responsibility for Notification of Affected Individuals. If the cause of a breach of Department PHI is attributable to Contractor or its agents, subcontractors or vendors and notification of the affected individuals is required under state or federal law, Contractor shall bear all costs of such notifications as well as any costs associated with the breach. In addition, the Department reserves the right to require Contractor to notify such affected individuals, which notifications shall comply with the requirements set forth in 42U.S.C. section 17932 and its implementing regulations, including, but not limited to, the requirement that the notifications be made without unreasonable delay and in no event later than 60 calendar days after discovery of the breach. The Department Privacy Officer shall approve the time, manner and content of any such notifications and their review and approval must be obtained before the notifications are made. The Department will provide its review and approval expeditiously and without unreasonable delay. f. Department Contact Information. To direct communications to the above referenced Department staff, the Contractor shall initiate contact as indicated herein. The Department reserves the right to make changes to the contact information below by giving written notice to the Contractor. Said changes shall not require an amendment to this Addendum or the Agreement to which it is incorporated. Department Program Contract Manager DHCS Privacy Officer DHCS Information Security Officer 6.6.d Packet Pg. 85 Attachment: Exhibit E - Performance - FY 2018-21 - Alpine - 18-95234 (DHCS - Performance Contract for MH Services) ---PAGE BREAK--- Alpine County Behavioral Health 18-95234 Page 13 of 31 See the Exhibit A, Scope of Work for Program Contract Manager information Information Protection Unit c/o: Office of HIPAA Compliance Department of Health Care Services P.O. Box 997413, MS 4722 Sacramento, CA 95899-7413 (916) 445-4646; (866) 866- 0602 Email: [EMAIL REDACTED] Fax: (916) 440-7680 Information Security Officer DHCS Information Security Office P.O. Box 997413, MS 6400 Sacramento, CA 95899-7413 Email: [EMAIL REDACTED] Telephone: ITSD Service Desk (916) 440-7000; (800) 579- 0874 Fax: (916)440-5537 13) Termination of Agreement. In accordance with Section 13404(b) of the HITECH Act and to the extent required by the HIPAA regulations, if Contractor knows of a material breach or violation by the Department of this Exhibit E-1, it shall take the following steps: a. Provide an opportunity for the Department to cure the breach or end the violation and terminate the Agreement if the Department does not cure the breach or end the violation within the time specified by Contractor; or b. Immediately terminate the Agreement if the Department has breached a material term of the Exhibit E-1 and cure is not possible. 14) Sanctions and/or Penalties. Contractor understands that a failure to comply with the provisions of HIPAA, the HITECH Act and the HIPAA regulations that are applicable to Contractors may result in the imposition of sanctions and/or penalties on Contractor under HIPAA, the HITECH Act and the HIPAA regulations. E. Obligations of the Department. The Department agrees to: 1) Permission by Individuals for Use and Disclosure of PHI. Provide the Contractor with any changes in, or revocation of, permission by an Individual to use or disclose Department PHI, if such changes affect the Contractor’s permitted or required uses and disclosures. 2) Notification of Restrictions. Notify the Contractor of any restriction to 6.6.d Packet Pg. 86 Attachment: Exhibit E - Performance - FY 2018-21 - Alpine - 18-95234 (DHCS - Performance Contract for MH Services) ---PAGE BREAK--- Alpine County Behavioral Health 18-95234 Page 14 of 31 the use or disclosure of Department PHI that the Department has agreed to in accordance with 45 CFR Section 164.522, to the extent that such restriction may affect the Contractor’s use or disclosure of PHI. 3) Requests Conflicting with HIPAA Rules. Not request the Contractor to use or disclose Department PHI in any manner that would not be permissible under the HIPAA regulations if done by the Department. 4) Notice of Privacy Practices. Provide Contractor with the web link to the Notice of Privacy Practices that DHCS produces in accordance with 45 CFR Section 164.520, as well as any changes to such notice. Visit the DHCS website to view the most current Notice of Privacy Practices at: http://www.dhcs.ca.gov/formsandpubs/laws/priv/Pages/NoticeofPrivacy Practices.aspx or the DHCS website at www.dhcs.ca.gov (select “Privacy in the right column and “Notice of Privacy Practices” on the right side of the page). F. Audits, Inspection and Enforcement If Contractor is the subject of an audit, compliance review, or complaint investigation by the Secretary or the Office for Civil Rights, U.S. Department of Health and Human Services, that is related to the performance of its obligations pursuant to this HIPAA Business Associate Exhibit E-1,Contractor shall immediately notify the Department. Upon request from the Department, Contractor shall provide the Department with a copy of any Department PHI that Contractor, as the Business Associate, provides to the Secretary or the Office of Civil Rights concurrently with providing such PHI to the Secretary. Contractor is responsible for any civil penalties assessed due to an audit or investigation of Contractor, in accordance with 42 U.S.C. Section 17934(c). G. Termination. 1) Term. The Term of this Exhibit E-1 shall extend beyond the termination of the Agreement and shall terminate when all Department PHI is destroyed or returned to the Department, in accordance with 45 CFR Section 164.504(e)(2)(ii)(J). 2) Termination for Cause. In accordance with 45 CFR Section 164.504(e)(1)(iii), upon the Department’s knowledge of a material breach or violation of this Exhibit E-1 by Contractor, the Department shall: a. Provide an opportunity for Contractor to cure the breach or 6.6.d Packet Pg. 87 Attachment: Exhibit E - Performance - FY 2018-21 - Alpine - 18-95234 (DHCS - Performance Contract for MH Services) ---PAGE BREAK--- Alpine County Behavioral Health 18-95234 Page 15 of 31 end the violation and terminate this Agreement if Contractor does not cure the breach or end the violation within the time specified by the Department; or b. Immediately terminate this Agreement if Contractor has breached a material term of this Exhibit E-1 and cure is not possible. THE REST OF THIS PAGE IS INTENTIONALLY BLANK 6.6.d Packet Pg. 88 Attachment: Exhibit E - Performance - FY 2018-21 - Alpine - 18-95234 (DHCS - Performance Contract for MH Services) ---PAGE BREAK--- Alpine County Behavioral Health 18-95234 Page 16 of 31 EXHIBIT E-2 Privacy and Security of Personal Information and Personally Identifiable Information Not Subject to HIPAA 1. Recitals. A. In addition to the Privacy and Security Rules under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) the Department is subject to various other legal and contractual requirements with respect to the personal information (PI) and personally identifiable information (PII) it maintains. These include: 1) The California Information Practices Act of 1977 (California Civil Code §§1798 et seq.), 2) The Agreement between the Social Security Administration (SSA) and the Department, known as the Information Exchange Agreement (IEA), which incorporates the Computer Matching and Privacy Protection Act Agreement (CMPPA) between the SSA and the California Health and Human Services Agency. The IEA, including the CMPPA is attached to this Exhibit E as Attachment B and is hereby incorporated in this Agreement. 3) Title 42 Code of Federal Regulations, Chapter I, Subchapter A, Part 2. B. The purpose of this Exhibit E-2 is to set forth Contractor’s privacy and security obligations with respect to PI and PII that Contractor may create, receive, maintain, use, or disclose for or on behalf of Department pursuant to this Agreement. Specifically this Exhibit applies to PI and PII which is not Protected Health Information (PHI) as defined by HIPAA and therefore is not addressed in Exhibit E-1 of this Agreement, the HIPAA Business Associate Addendum; however, to the extent that data is both PHI or ePHI and PII, both Exhibit E-1 and this Exhibit E-2 shall apply. C. The IEA Agreement referenced in A.2) above requires the Department to extend its substantive privacy and security terms to subcontractors who receive data provided to DHCS by the Social Security Administration. If Contractor receives data from DHCS that includes data provided to DHCS by the Social Security Administration, Contractor must comply with the following specific sections of the IEA Agreement: E. Security Procedures, F. Contractor/Agent Responsibilities, and G. Safeguarding and Reporting Responsibilities for Personally Identifiable Information and in Attachment 4 to the IEA, Electronic Information Exchange Security Requirements, Guidelines and Procedures for Federal, State and Local Agencies Exchanging Electronic Information with the Social Security 6.6.d Packet Pg. 89 Attachment: Exhibit E - Performance - FY 2018-21 - Alpine - 18-95234 (DHCS - Performance Contract for MH Services) ---PAGE BREAK--- Alpine County Behavioral Health 18-95234 Page 17 of 31 Administration. Contractor must also ensure that any agents, including a subcontractor, to whom it provides DHCS data that includes data provided by the Social Security Administration, agree to the same requirements for privacy and security safeguards for such confidential data that apply to Contractor with respect to such information. D. The terms used in this Exhibit E-2, but not otherwise defined, shall have the same meanings as those terms have in the above referenced statute and Agreement. Any reference to statutory, regulatory, or contractual language shall be to such language as in effect or as amended. 2. Definitions. A. “Breach” shall have the meaning given to such term under the IEA and CMPPA. It shall include a “PII loss” as that term is defined in the CMPPA. B. “Breach of the security of the system” shall have the meaning given to such term under the California Information Practices Act, Civil Code section 1798.29(f). C. “CMPPA Agreement” means the Computer Matching and Privacy Protection Act Agreement between the Social Security Administration and the California Health and Human Services Agency (CHHS). D. “Department PI” shall mean Personal Information, as defined below, accessed in a database maintained by the Department, received by Contractor from the Department or acquired or created by Contractor in connection with performing the functions, activities and services specified in this Agreement on behalf of the Department. E. “IEA” shall mean the Information Exchange Agreement currently in effect between the Social Security Administration (SSA) and the California Department of Health Care Services (DHCS). F. “Notice-triggering Personal Information” shall mean the personal information identified in Civil Code section 1798.29 whose unauthorized access may trigger notification requirements under Civil Code section 1798.29. For purposes of this provision, identity shall include, but not be limited to, name, address, email address, identifying number, symbol, or other identifying particular assigned to the individual, such as a finger or voice print, a photograph or a biometric identifier. Notice-triggering Personal Information includes PI in electronic, paper or any other medium. G. “Personally Identifiable Information” (PII) shall have the meaning given to such term in the IEA and CMPPA. 6.6.d Packet Pg. 90 Attachment: Exhibit E - Performance - FY 2018-21 - Alpine - 18-95234 (DHCS - Performance Contract for MH Services) ---PAGE BREAK--- Alpine County Behavioral Health 18-95234 Page 18 of 31 H. “Personal Information” (PI) shall have the meaning given to such term in California Civil Code Section 1798.3(a). I. “Required by law” means a mandate contained in law that compels an entity to make a use or disclosure of PI or PII that is enforceable in a court of law. This includes, but is not limited to, court orders and court-ordered warrants, subpoenas or summons issued by a court, grand jury, a governmental or tribal inspector general, or an administrative body authorized to require the production of information, and a civil or an authorized investigative demand. It also includes Medicare conditions of participation with respect to health care providers participating in the program, and statutes or regulations that require the production of information, including statutes or regulations that require such information if payment is sought under a government program providing public benefits. J. “Security Incident” means the attempted or successful unauthorized access, use, disclosure, modification, or destruction of PI, or confidential data utilized in complying with this Agreement; or interference with system operations in an information system that processes, maintains or stores PI. 3. Terms of Agreement A. Permitted Uses and Disclosures of Department PI and PII by Contractor Except as otherwise indicated in this Exhibit E-2, Contractor may use or disclose Department PI only to perform functions, activities or services for or on behalf of the Department pursuant to the terms of this Agreement provided that such use or disclosure would not violate the California Information Practices Act (CIPA) if done by the Department. B. Responsibilities of Contractor Contractor agrees: 1) Nondisclosure. Not to use or disclose Department PI or PII other than as permitted or required by this Agreement or as required by applicable state and federal law. 2) Safeguards. To implement appropriate and reasonable administrative, technical, and physical safeguards to protect the security, confidentiality and integrity of Department PI and PII, to protect against anticipated threats or hazards to the security or integrity of Department PI and PII, and to prevent use or disclosure 6.6.d Packet Pg. 91 Attachment: Exhibit E - Performance - FY 2018-21 - Alpine - 18-95234 (DHCS - Performance Contract for MH Services) ---PAGE BREAK--- Alpine County Behavioral Health 18-95234 Page 19 of 31 of Department PI or PII other than as provided for by this Agreement. Contractor shall develop and maintain a written information privacy and security program that include administrative, technical and physical safeguards appropriate to the size and complexity of Contractor’s operations and the nature and scope of its activities, which incorporate the requirements of section 3, Security, below. Contractor will provide DHCS with its current policies upon request. 3) Security. Contractor shall take any and all steps necessary to ensure the continuous security of all computerized data systems containing PHI and/or PI, and to protect paper documents containing PHI and/or PI. These steps shall include, at a minimum: a. Complying with all of the data system security precautions listed in Attachment A, Business Associate Data Security Requirements; b. Providing a level and scope of security that is at least comparable to the level and scope of security established by the Office of Management and Budget in OMB Circular No. A- 130, Appendix III- Security of Federal Automated Information Systems, which sets forth guidelines for automated information systems in Federal agencies; and c. If the data obtained by Contractor from DHCS includes PII, Contractor shall also comply with the substantive privacy and security requirements in the Computer Matching and Privacy Protection Act Agreement between the SSA and the California Health and Human Services Agency (CHHS) and in the Agreement between the SSA and DHCS, known as the Information Exchange Agreement, which are attached as Attachment B and incorporated into this Agreement. The specific sections of the IEA with substantive privacy and security requirements to be complied with are sections E, F, and G, and in Attachment 4 to the IEA, Electronic Information Exchange Security Requirements, Guidelines and Procedures for Federal, State and Local Agencies Exchanging Electronic Information with the SSA. Contractor also agrees to ensure that any agents, including a subcontractor to whom it provides DHCS PII, agree to the same requirements for privacy and security safeguards for confidential data that apply to Contractor with respect to such information. 4) Mitigation of Harmful Effects. To mitigate, to the extent practicable, any harmful effect that is known to Contractor of a use 6.6.d Packet Pg. 92 Attachment: Exhibit E - Performance - FY 2018-21 - Alpine - 18-95234 (DHCS - Performance Contract for MH Services) ---PAGE BREAK--- Alpine County Behavioral Health 18-95234 Page 20 of 31 or disclosure of Department PI or PII by Contractor or its subcontractors in violation of this Exhibit E-2. 5) Contractor’s Agents and Subcontractors. To impose the same restrictions and conditions set forth in this Exhibit E-2 on any subcontractors or other agents with whom Contractor subcontracts any activities under this Agreement that involve the disclosure of Department PI or PII to the subcontractor. 6) Availability of Information to DHCS. To make Department PI and PII available to the Department for purposes of oversight, inspection, amendment, and response to requests for records, injunctions, judgments, and orders for production of Department PI and PII. If Contractor receives Department PII, upon request by DHCS, Contractor shall provide DHCS with a list of all employees, contractors and agents who have access to Department PII, including employees, contractors and agents of its subcontractors and agents. 7) Cooperation with DHCS. With respect to Department PI, to cooperate with and assist the Department to the extent necessary to ensure the Department’s compliance with the applicable terms of the CIPA including, but not limited to, accounting of disclosures of Department PI, correction of errors in Department PI, production of Department PI, disclosure of a security breach involving Department PI and notice of such breach to the affected individual(s). 8) Confidentiality of Alcohol and Drug Abuse Patient Records. Contractor agrees to comply with all confidentiality requirements set forth in Title 42 Code of Federal Regulations, Chapter I, Subchapter A, Part 2. Contractor is aware that criminal penalties may be imposed for a violation of these confidentiality requirements. 9) Breaches and Security Incidents. During the term of this Agreement, Contractor agrees to implement reasonable systems for the discovery and prompt reporting of any breach or security incident, and to take the following steps: a. Initial Notice to the Department. To notify the Department immediately by telephone call or email or fax upon the discovery of a breach of unsecured Department PI or PII in electronic media or in any other media if the PI or PII was, or is reasonably believed to have been, accessed or acquired by an unauthorized person, or upon discovery of a suspected security incident involving Department PII. To notify the 6.6.d Packet Pg. 93 Attachment: Exhibit E - Performance - FY 2018-21 - Alpine - 18-95234 (DHCS - Performance Contract for MH Services) ---PAGE BREAK--- Alpine County Behavioral Health 18-95234 Page 21 of 31 Department within one hour by email or fax if the data is data subject to the SSA Agreement; and within 24 hours by email or fax of the discovery of any suspected security incident, intrusion or unauthorized access, use or disclosure of Department PI or PII in violation of this Agreement or this Exhibit E-1 or potential loss of confidential data affecting this Agreement. A breach shall be treated as discovered by Contractor as of the first day on which the breach is known, or by exercising reasonable diligence would have been known, to any person (other than the person committing the breach) who is an employee, officer or other agent of Contractor. b. Notice shall be provided to the Information Protection Unit, Office of HIPAA Compliance. If the incident occurs after business hours or on a weekend or holiday and involves electronic Department PI or PII, notice shall be provided by calling the Department Information Security Officer. Notice shall be made using the DHCS “Privacy Incident Report” form, including all information known at the time. Contractor shall use the most current version of this form, which is posted on the DHCS Information Security Officer website (www.dhcs.ca.gov, then select “Privacy” in the left column and then “Business Partner” near the middle of the page) or use this link: http://www.dhcs.ca.gov/formsandpubs/laws/priv/Pages/DHCS BusinessAssociatesOnly.aspx . c. Upon discovery of a breach or suspected security incident, intrusion or unauthorized access, use or disclosure of Department PI or PII, Contractor shall take: i. Prompt corrective action to mitigate any risks or damages involved with the breach and to protect the operating environment; and ii. Any action pertaining to such unauthorized disclosure required by applicable Federal and State laws and regulations. d. Investigation and Investigation Report. To immediately investigate such suspected security incident, security incident, breach, or unauthorized access, use or disclosure of PHI. Within 72 hours of the discovery, Contractor shall submit an updated “Privacy Incident Report” containing the 6.6.d Packet Pg. 94 Attachment: Exhibit E - Performance - FY 2018-21 - Alpine - 18-95234 (DHCS - Performance Contract for MH Services) ---PAGE BREAK--- Alpine County Behavioral Health 18-95234 Page 22 of 31 information marked with an asterisk and all other applicable information listed on the form, to the extent known at that time, to the Department Information Security Officer. e. Complete Report. To provide a complete report of the investigation to the Department Program Contract Manager and the Information Protection Unit within ten (10) working days of the discovery of the breach or unauthorized use or disclosure. The report shall be submitted on the “Privacy Incident Report” form and shall include an assessment of all known factors relevant to a determination of whether a breach occurred. The report shall also include a full, detailed corrective action plan, including information on measures that were taken to halt and/or contain the improper use or disclosure. If the Department requests information in addition to that listed on the “Privacy Incident Report” form, Contractor shall make reasonable efforts to provide the Department with such information. If, because of the circumstances of the incident, Contractor needs more than ten (10) working days from the discovery to submit a complete report, the Department may grant a reasonable extension of time, in which case Contractor shall submit periodic updates until the complete report is submitted. If necessary, a Supplemental Report may be used to submit revised or additional information after the completed report is submitted, by submitting the revised or additional information on an updated “Privacy Incident Report” form. The Department will review and approve the determination of whether a breach occurred and whether individual notifications and a corrective action plan are required. f. Responsibility for Reporting of Breaches. If the cause of a breach of Department PI or PII is attributable to Contractor or its agents, subcontractors or vendors, Contractor is responsible for all required reporting of the breach as specified in CIPA, section 1798.29and as may be required under the IEA. Contractor shall bear all costs of required notifications to individuals as well as any costs associated with the breach. The Privacy Officer shall approve the time, manner and content of any such notifications and their review and approval must be obtained before the notifications are made. The Department will provide its review and approval expeditiously and without unreasonable delay. g. If Contractor has reason to believe that duplicate reporting of 6.6.d Packet Pg. 95 Attachment: Exhibit E - Performance - FY 2018-21 - Alpine - 18-95234 (DHCS - Performance Contract for MH Services) ---PAGE BREAK--- Alpine County Behavioral Health 18-95234 Page 23 of 31 the same breach or incident may occur because its subcontractors, agents or vendors may report the breach or incident to the Department in addition to Contractor, Contractor shall notify the Department, and the Department and Contractor may take appropriate action to prevent duplicate reporting. h. Department Contact Information. To direct communications to the above referenced Department staff, the Contractor shall initiate contact as indicated herein. The Department reserves the right to make changes to the contact information below by giving written notice to the Contractor. Said changes shall not require an amendment to this Addendum or the Agreement to which it is incorporated. Department Program Contract DHCS Privacy Officer DHCS Information Security Officer See the Exhibit A, Scope of Work for Program Contract Manager information Information Protection Unit c/o: Office of HIPAA Compliance Department of Health Care Services P.O. Box 997413, MS 4722 Sacramento, CA 95899-7413 (916) 445-4646 Email: [EMAIL REDACTED] Telephone:(916) 445-4646 Information Security Officer DHCS Information Security Office P.O. Box 997413, MS 6400 Sacramento, CA 95899-7413 Email: [EMAIL REDACTED] Telephone: ITSD Service Desk (916) 440-7000 or (800) 579-0874 10) Designation of Individual Responsible for Security Contractor shall designate an individual, Security Officer), to oversee its data security program who shall be responsible for carrying out the requirements of this Exhibit E-2 and for communicating on security matters with the Department. 6.6.d Packet Pg. 96 Attachment: Exhibit E - Performance - FY 2018-21 - Alpine - 18-95234 (DHCS - Performance Contract for MH Services) ---PAGE BREAK--- Alpine County Behavioral Health 18-95234 Page 24 of 31 EXHIBIT E-3 Miscellaneous Terms and Conditions Applicable to Exhibit E 1) Disclaimer. The Department makes no warranty or representation that compliance by Contractor with this Exhibit E, HIPAA or the HIPAA regulations will be adequate or satisfactory for Contractor’s own purposes or that any information in Contractor’s possession or control, or transmitted or received by Contractor, is or will be secure from unauthorized use or disclosure. Contractor is solely responsible for all decisions made by Contractor regarding the safeguarding of the Department PHI, PI and PII. 2) Amendment. The parties acknowledge that federal and state laws relating to electronic data security and privacy are rapidly evolving and that amendment of this Exhibit E may be required to provide for procedures to ensure compliance with such developments. The parties specifically agree to take such action as is necessary to implement the standards and requirements of HIPAA, the HITECH Act, and the HIPAA regulations, and other applicable state and federal laws. Upon either party’s request, the other party agrees to enter into negotiations concerning an amendment to this Exhibit E embodying written assurances consistent with the standards and requirements of HIPAA, the HITECH Act, and the HIPAA regulations, and other applicable state and federal laws. The Department may terminate this Agreement upon thirty (30) days written notice in the event: a) Contractor does not enter into negotiations to amend this Exhibit E when requested by the Department pursuant to this section; or b) Contractor does not enter into an amendment providing assurances regarding the safeguarding of Department PHI that the Department deems is necessary to satisfy the standards and requirements of HIPAA and the HIPAA regulations. 3) Judicial or Administrative Proceedings. Contractor will notify the Department if it is named as a defendant in a criminal proceeding for a violation of HIPAA or other security or privacy law. The Department may terminate this Agreement if Contractor is found guilty of a criminal violation of HIPAA. The Department may terminate this Agreement if a finding or stipulation that the Contractor has violated any standard or requirement of HIPAA, or other security or privacy laws is made in any administrative or civil proceeding in which the Contractor is a party or has been joined. DHCS will consider the nature and seriousness of the violation in deciding whether or not to terminate the Agreement. 6.6.d Packet Pg. 97 Attachment: Exhibit E - Performance - FY 2018-21 - Alpine - 18-95234 (DHCS - Performance Contract for MH Services) ---PAGE BREAK--- Alpine County Behavioral Health 18-95234 Page 25 of 31 4) Assistance in Litigation or Administrative Proceedings. Contractor shall make itself and any subcontractors, employees or agents assisting Contractor in the performance of its obligations under this Agreement, available to the Department at no cost to the Department to testify as witnesses, or otherwise, in the event of litigation or administrative proceedings being commenced against the Department, its directors, officers or employees based upon claimed violation of HIPAA, or the HIPAA regulations, which involves inactions or actions by the Contractor, except where Contractor or its subcontractor, employee or agent is a named adverse party. 5) No Third-Party Beneficiaries. Nothing express or implied in the terms and conditions of this Exhibit E is intended to confer, nor shall anything herein confer, upon any person other than the Department or Contractor and their respective successors or assignees, any rights, remedies, obligations or liabilities whatsoever. 6) Interpretation. The terms and conditions in this Exhibit E shall be interpreted as broadly as necessary to implement and comply with HIPAA, the HITECH Act, and the HIPAA regulations. The parties agree that any ambiguity in the terms and conditions of this Exhibit E shall be resolved in favor of a meaning that complies and is consistent with HIPAA, the HITECH Act and the HIPAA regulations, and, if applicable, any other relevant state and federal laws. 7) Conflict. In case of a conflict between any applicable privacy or security rules, laws, regulations or standards the most stringent shall apply. The most stringent means that safeguard which provides the highest level of protection to PHI, PI and PII from unauthorized disclosure. Further, Contractor must comply within a reasonable period of time with changes to these standards that occur after the effective date of this Agreement. 8) Regulatory References. A reference in the terms and conditions of this Exhibit E to a section in the HIPAA regulations means the section as in effect or as amended. 9) Survival. The respective rights and obligations of Contractor under Section 3, Item D of Exhibit E-1, and Section 3, Item B of Exhibit E-2, Responsibilities of Contractor, shall survive the termination or expiration of this Agreement. 10) No Waiver of Obligations. No change, waiver or discharge of any 6.6.d Packet Pg. 98 Attachment: Exhibit E - Performance - FY 2018-21 - Alpine - 18-95234 (DHCS - Performance Contract for MH Services) ---PAGE BREAK--- Alpine County Behavioral Health 18-95234 Page 26 of 31 liability or obligation hereunder on any one or more occasions shall be deemed a waiver of performance of any continuing or other obligation, or shall prohibit enforcement of any obligation, on any other occasion. 11) Audits, Inspection and Enforcement. From time to time, and subject to all applicable federal and state privacy and security laws and regulations, the Department may conduct a reasonable inspection of the facilities, systems, books and records of Contractor to monitor compliance with this Exhibit E. Contractor shall remedy any violation of any provision of this Exhibit E. The fact that the Department inspects, or fails to inspect, or has the right to inspect, Contractor’s facilities, systems and procedures does not relieve Contractor of its responsibility to comply with this Exhibit E. The Department's failure to detect a non-compliant practice, or a failure to report a detected non- compliant practice to Contractor does not constitute acceptance of such practice or a waiver of the Department's enforcement rights under this Agreement, including this Exhibit E. 12) Due Diligence. Contractor shall exercise due diligence and shall take reasonable steps to ensure that it remains in compliance with this Exhibit E and is in compliance with applicable provisions of HIPAA, the HITECH Act and the HIPAA regulations, and other applicable state and federal law, and that its agents, subcontractors and vendors are in compliance with their obligations as required by this Exhibit E. 13) Term. The Term of this Exhibit E-1 shall extend beyond the termination of the Agreement and shall terminate when all Department PHI is destroyed or returned to the Department, in accordance with 45 CFR Section 164.504(e)(2)(ii)(I), and when all Department PI and PII is destroyed in accordance with Attachment A. 14) Effect of Termination. Upon termination or expiration of this Agreement for any reason, Contractor shall return or destroy all Department PHI, PI and PII that Contractor still maintains in any form, and shall retain no copies of such PHI, PI or PII. If return or destruction is not feasible, Contractor shall notify the Department of the conditions that make the return or destruction infeasible, and the Department and Contractor shall determine the terms and conditions under which Contractor may retain the PHI, PI or PII. Contractor shall continue to extend the protections of this Exhibit E to such Department PHI, PI and PII, and shall limit further use of such data to those purposes that make the return or destruction of such data infeasible. This provision shall apply to Department PHI, PI and PII that is in the possession of subcontractors or agents of Contractor. 6.6.d Packet Pg. 99 Attachment: Exhibit E - Performance - FY 2018-21 - Alpine - 18-95234 (DHCS - Performance Contract for MH Services) ---PAGE BREAK--- Alpine County Behavioral Health 18-95234 Page 27 of 31 Attachment A Data Security Requirements 1. Personnel Controls A. Employee Training. All workforce members who assist in the performance of functions or activities on behalf of the Department, or access or disclose Department PHI or PI must complete information privacy and security training, at least annually, at Contractor's expense. Each workforce member who receives information privacy and security training must sign a certification, indicating the member’s name and the date on which the training was completed. These certifications must be retained for a period of six years following termination of this Agreement. B. Employee Discipline. Appropriate sanctions must be applied against workforce members who fail to comply with privacy policies and procedures or any provisions of these requirements, including termination of employment where appropriate. C. Confidentiality Statement. All persons that will be working with Department PHI or PI must sign a confidentiality statement that includes, at a minimum, General Use, Security and Privacy Safeguards, Unacceptable Use, and Enforcement Policies. The statement must be signed by the workforce member prior to access to Department PHI or PI. The statement must be renewed annually. The Contractor shall retain each person’s written confidentiality statement for Department inspection for a period of six years following termination of this Agreement. D. Background Check. Before a member of the workforce may access Department PHI or PI, a background screening of that worker must be conducted. The screening should be commensurate with the risk and magnitude of harm the employee could cause, with more thorough screening being done for those employees who are authorized to bypass significant technical and operational security controls. The Contractor shall retain each workforce member’s background check documentation for a period of three years. 2. Technical Security Controls A. Workstation/Laptop All workstations and laptops that store Department PHI or PI either directly or temporarily must be using a FIPS 140-2 certified algorithm which is 128bit or higher, such as Advanced Standard (AES). The solution must be full disk unless approved by the Department Information Security Office. 6.6.d Packet Pg. 100 Attachment: Exhibit E - Performance - FY 2018-21 - Alpine - 18-95234 (DHCS - Performance Contract for MH Services) ---PAGE BREAK--- Alpine County Behavioral Health 18-95234 Page 28 of 31 B. Server Security. Servers containing Department PHI or PI must have sufficient administrative, physical, and technical controls in place to protect that data, based upon a risk assessment/system security review. C. Minimum Necessary. Only the minimum necessary amount of Department PHI or PI required to perform necessary business functions may be copied, downloaded, or exported. D. Removable media devices. All electronic files that contain Department PHI or PI data must be when stored on any removable media or portable device (i.e. USB thumb drives, floppies, CD/DVD, Blackberry, backup tapes etc.). must be a FIPS 140-2 certified algorithm which is 128bit or higher, such as AES. E. Antivirus software. All workstations, laptops and other systems that process and/or store Department PHI or PI must install and actively use comprehensive anti-virus software solution with automatic updates scheduled at least daily. F. Patch Management. All workstations, laptops and other systems that process and/or store Department PHI or PI must have critical security patches applied, with system reboot if necessary. There must be a documented patch management process which determines installation timeframe based on risk assessment and vendor recommendations. At a maximum, all applicable patches must be installed within 30 days of vendor release. Applications and systems that cannot be patched within this time frame due to significant operational reasons must have compensatory controls implemented to minimize risk until the patches can be installed. Applications and systems that cannot be patched must have compensatory controls implemented to minimize risk, where possible. G. User IDs and Password Controls. All users must be issued a unique user name for accessing Department PHI or PI. Username must be disabled, deleted, or the password changed upon the transfer or termination of an employee with knowledge of the password. Passwords are not to be shared. Passwords must be at least eight characters and must be a non- dictionary word. Passwords must not be stored in readable format on the computer. Passwords must be changed at least every 90 days, preferably every 60 days. Passwords must be changed if revealed or compromised. Passwords must be composed of characters from at least three of the following four groups from the standard keyboard: 1) Upper case letters (A-Z) 2) Lower case letters (a-z) 3) Arabic numerals (0-9) 6.6.d Packet Pg. 101 Attachment: Exhibit E - Performance - FY 2018-21 - Alpine - 18-95234 (DHCS - Performance Contract for MH Services) ---PAGE BREAK--- Alpine County Behavioral Health 18-95234 Page 29 of 31 4) Non-alphanumeric characters (punctuation symbols) H. Data Destruction. When no longer needed, all Department PHI or PI must be wiped using the Gutmann or US Department of Defense (DoD) 5220.22-M (7 Pass) standard, or by degaussing. Media may also be physically destroyed in accordance with NIST Special Publication 800-88. Other methods require prior written permission of the Department Information Security Office. I. System Timeout. The system providing access to Department PHI or PI must provide an automatic timeout, requiring re-authentication of the user session after no more than 20 minutes of inactivity. J. Warning Banners. All systems providing access to Department PHI or PI must display a warning banner stating that data is confidential, systems are logged, and system use is for business purposes only by authorized users. User must be directed to log off the system if they do not agree with these requirements. K. System Logging. The system must maintain an automated audit trail which can identify the user or system process which initiates a request for Department PHI or PI, or which alters Department PHI or PI. The audit trail must be date and time stamped, must log both successful and failed accesses, must be read only, and must be restricted to authorized users. If Department PHI or PI is stored in a database, database logging functionality must be enabled. Audit trail data must be archived for at least 3 years after occurrence. L. Access Controls. The system providing access to Department PHI or PI must use role based access controls for all user authentications, enforcing the principle of least privilege. M. Transmission All data transmissions of Department PHI or PI outside the secure internal network must be using a FIPS 140-2 certified algorithm which is 128bit or higher, such as AES. can be end to end at the network level, or the data files containing Department PHI can be This requirement pertains to any type of Department PHI or PI in motion such as website access, file transfer, and E-Mail. N. Intrusion Detection. All systems involved in accessing, holding, transporting, and protecting Department PHI or PI that are accessible via the Internet must be protected by a comprehensive intrusion detection and prevention solution. 6.6.d Packet Pg. 102 Attachment: Exhibit E - Performance - FY 2018-21 - Alpine - 18-95234 (DHCS - Performance Contract for MH Services) ---PAGE BREAK--- Alpine County Behavioral Health 18-95234 Page 30 of 31 3. Audit Controls A. System Security Review. Contractor must ensure audit control mechanisms that record and examine system activity are in place. All systems processing and/or storing Department PHI or PI must have at least an annual system risk assessment/security review which provides assurance that administrative, physical, and technical controls are functioning effectively and providing adequate levels of protection. Reviews should include vulnerability scanning tools. B. Log Reviews. All systems processing and/or storing Department PHI or PI must have a routine procedure in place to review system logs for unauthorized access. C. Change Control. All systems processing and/or storing Department PHI or PI must have a documented change control procedure that ensures separation of duties and protects the confidentiality, integrity and availability of data. 4. Business Continuity / Disaster Recovery Controls A. Emergency Mode Operation Plan. Contractor must establish a documented plan to enable continuation of critical business processes and protection of the security of Department PHI or PI held in an electronic format in the event of an emergency. Emergency means any circumstance or situation that causes normal computer operations to become unavailable for use in performing the work required under this Agreement for more than 24 hours. B. Data Backup Plan. Contractor must have established documented procedures to backup Department PHI to maintain retrievable exact copies of Department PHI or PI. The plan must include a regular schedule for making backups, storing backups offsite, an inventory of backup media, and an estimate of the amount of time needed to restore Department PHI or PI should it be lost. At a minimum, the schedule must be a weekly full backup and offsite storage of Department data. 5. Paper Document Controls A. Supervision of Data. Department PHI or PI in paper form shall not be left unattended at any time, unless it is locked in a file cabinet, file room, desk or office. Unattended means that information is not being observed by an employee authorized to access the information. Department PHI or PI in paper form shall not be left unattended at any time in vehicles or planes and shall not be checked in baggage on commercial airplanes. 6.6.d Packet Pg. 103 Attachment: Exhibit E - Performance - FY 2018-21 - Alpine - 18-95234 (DHCS - Performance Contract for MH Services) ---PAGE BREAK--- Alpine County Behavioral Health 18-95234 Page 31 of 31 B. Escorting Visitors. Visitors to areas where Department PHI or PI is contained shall be escorted and Department PHI or PI shall be kept out of sight while visitors are in the area. C. Confidential Destruction. Department PHI or PI must be disposed of through confidential means, such as cross cut shredding and pulverizing. D. Removal of Data. Only the minimum necessary Department PHI or PI may be removed from the premises of the Contractor except with express written permission of the Department. Department PHI or PI shall not be considered "removed from the premises" if it is only being transported from one of Contractor's locations to another of Contractors locations. E. Faxing. Faxes containing Department PHI or PI shall not be left unattended and fax machines shall be in secure areas. Faxes shall contain a confidentiality statement notifying persons receiving faxes in error to destroy them. Fax numbers shall be verified with the intended recipient before sending the fax. F. Mailing. Mailings containing Department PHI or PI shall be sealed and secured from damage or inappropriate viewing of such PHI or PI to the extent possible. Mailings which include 500 or more individually identifiable records of Department PHI or PI in a single package shall be sent using a tracked mailing method which includes verification of delivery and receipt, unless the prior written permission of the Department to use another method is obtained. 6.6.d Packet Pg. 104 Attachment: Exhibit E - Performance - FY 2018-21 - Alpine - 18-95234 (DHCS - Performance Contract for MH Services) ---PAGE BREAK--- 6.6.e Packet Pg. 105 Attachment: Signed STD 213 (DHCS - Performance Contract for MH Services) ---PAGE BREAK--- 6.6.e Packet Pg. 106 Attachment: Signed STD 213 (DHCS - Performance Contract for MH Services) ---PAGE BREAK--- 6.6.f Packet Pg. 107 Attachment: Signed CCC 042017 (DHCS - Performance Contract for MH Services) ---PAGE BREAK--- 6.6.f Packet Pg. 108 Attachment: Signed CCC 042017 (DHCS - Performance Contract for MH Services) ---PAGE BREAK--- 6.6.f Packet Pg. 109 Attachment: Signed CCC 042017 (DHCS - Performance Contract for MH Services) ---PAGE BREAK--- 6.6.f Packet Pg. 110 Attachment: Signed CCC 042017 (DHCS - Performance Contract for MH Services) ---PAGE BREAK--- 6.6.f Packet Pg. 111 Attachment: Signed CCC 042017 (DHCS - Performance Contract for MH Services) ---PAGE BREAK--- AGENDA TRANSMITTAL TO: Board of Supervisors FROM: Nichole Williamson, CAO/HHS Director DATE OF MEETING: November 5, 2019 PREPARED BY: Michelle Beckwith, Administrative Assistant TITLE: Request approval to amendment 1 Contract No. CAO2018-01 with Rodney Craig Goodman, CPA. Authorize Board Chair to sign contract. SUMMARY: Craig Goodman has assisted the Alpine County Finance Department in prior years with reports and functions such as; end of the Fiscal Year Closing, and preparation with the Financial Statements. This amendment sets a term for the contract from October 15, 2019 through June 30, 2020, shall automatically be renewed for up to two consecutive years, and includes new insurance limits and language and sets the compensation as not to exceed $55,000 for each year. RECOMMENDED ACTION: Approve amendment to Contract No. CAO2018-01 with Rodney Craig Goodman, CPA. Authorize Board Chair to sign contract. ISSUE STATEMENT AND DISCUSSION: FISCAL IMPACT: 1) Budgeted Current Fiscal Year 2) Total Anticipated Cost Current Year 3) Total Anticipated Cost Annual Year (Not Applicable) $0.00 $0.00 $0.00 SOURCE Unanticipated Revenue From Contingency Other: $0.00 $0.00 $0.00 FUNDING SOURCE: 100-105-55000-504 $55,000 per year INSTRUCTIONS TO CLERK: CC: CAO Finance 6.7 Packet Pg. 112 ---PAGE BREAK--- 1 Amendment I CC2018-01 PROFESSIONAL SERVICES AGREEMENT` FOR FINANCIAL SERVICES THIS FIRST AMENDMENT is entered into this 5TH day of November, 2019 by and between the COUNTY OF ALPINE, a political subdivision of the State of California (“County”), and Rodney Craig Goodman Jr. CPA (“Consultant”). Recitals CC2018-01 was entered into on August 1, 2018 which is marked Exhibit A, attached to this Amendment and incorporated herein by this reference Amendment Contract CC2018-01 is hereby amended as follows: Section 1. SCOPE OF SERVICES Section 2. TERM is amended as follows: 2.1 Term. The services of Consultant are to commence upon execution of this Agreement by the County and shall be undertaken and completed in a prompt and timely manner. This contract shall be effective from October 15, 2019 through June 30, 2020, and shall automatically be renewed for up to two consecutive years. If either party wishes to not automatically review the contract notification must be provided in writing sixty (60) days prior to the end of the contract period. Section 3. COMPENSATION is amended as follows: 3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement. The total compensation shall not exceed FIFTY FIVE THOUSAND DOLLARS ($55,000) for services detailed in the Scope of Work (Exhibit B) for the term of this contract and shall not exceed that amount in subsequent years without a contract amendment. Section 6. INSURANCE is amended as follows: 6.7.a Packet Pg. 113 Attachment: C. Goodman Contract Am#1 11.5.19 (Request approval of amendment to agreement CAO2018-01 with Craig Goodman) ---PAGE BREAK--- 2 INSURANCE: Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees or subcontractors. Minimum Scope and Limit of Insurance A. The Contractor shall maintain a commercial general liability (CGL) insurance policy [Insurance Services Office Form CG 00 01] covering CGL on an occurrence basis, including products and completed operations, property damage bodily injury and personal & advertising injury with limits in the amount of $ 2,000,000, and a general aggregate limit of $4,000,000. The County, its officers, officials, employees, and volunteers are to be covered as additional insureds on the General Liability policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. Additional insured should read as follows: Alpine County PO Box 158 Markleeville, CA 96120 B. Contractor shall also provide comprehensive business or commercial automobile liability coverage including non-owned and hired automobile liability in the amount of $1,000,000 per accident for bodily injury and property damage. Coverage shall be at least as broad as ISO Form CA0001 (Code or if Contractor has no owned autos, hired, (Code 8) and non-owned autos (Code The County, its officers, officials, employees, and volunteers are to be covered as additional insureds on the Automobile Liability policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. Additional insured should read as follows: Alpine County PO Box 158 Markleeville, CA 96120 C. The Contractor shall be required to carry: 1. Malpractice/ Errors & Omissions/ coverage in the amount of $1,000,000 per occurrence or claim, $2,000,000 aggregate. The insurer shall supply a Certificate of Insurance and endorsements signed by the insurer evidencing such insurance to County prior to commencement of work. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s 6.7.a Packet Pg. 114 Attachment: C. Goodman Contract Am#1 11.5.19 (Request approval of amendment to agreement CAO2018-01 with Craig Goodman) ---PAGE BREAK--- 3 obligation to provide them. The County reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the Entity. Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the Entity. Any deductibles or self-insured retentions must be declared to and approved by the County. The County may require the Contractor to purchase coverage with a lower deductible or retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. For any claims related to this contract, the Contractor’s insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the County, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the County, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it. Contractor hereby grants to County a waiver of any right to subrogation which any insurer of said Contractor may acquire against the County by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the County has received a waiver of subrogation endorsement from the insurer. WORKER'S COMPENSATION: The Contractor acknowledges that it is aware of the provisions of the Labor Code of the State of California which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that Code and it certifies that it will comply with such provisions before commencing the performance of the work of this Contract. A copy of the certificates evidencing such insurance with policy limits of at least $1,000,000 per accident for bodily injury or disease, shall be provided to County prior to commencement of work, or a signed County Workers’ Compensation Exemption form. Section 14 EMPLOYMENT is added as follows: EMPLOYMENT: In connection with the execution of this Contract, the Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, age, sex, national origin, political affiliation, ancestry, marital status or disability. This policy does not require the employment of unqualified persons. All other terms and conditions of CC2018-01 shall remain in full force and effect. 6.7.a Packet Pg. 115 Attachment: C. Goodman Contract Am#1 11.5.19 (Request approval of amendment to agreement CAO2018-01 with Craig Goodman) ---PAGE BREAK--- 4 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. COUNTY OF ALPINE RODNEY CRAIG GOODMAN JR. CPA By: By: David Griffith, Chairperson Rodney Craig Goodman Jr. CPA Attest: Approved as to Form: By: _ By: Teola L. Tremayne, County Clerk Margaret Long, County Counsel and ex-officio Clerk to the Board of Supervisors By: Patricia Griffin, Asst. County Clerk. 6.7.a Packet Pg. 116 Attachment: C. Goodman Contract Am#1 11.5.19 (Request approval of amendment to agreement CAO2018-01 with Craig Goodman) ---PAGE BREAK--- 6.7.b Packet Pg. 117 Attachment: CAO2018-01ContractRodneyCraigGoodman (Request approval of amendment to agreement CAO2018-01 with Craig Goodman) ---PAGE BREAK--- 6.7.b Packet Pg. 118 Attachment: CAO2018-01ContractRodneyCraigGoodman (Request approval of amendment to agreement CAO2018-01 with Craig Goodman) ---PAGE BREAK--- 6.7.b Packet Pg. 119 Attachment: CAO2018-01ContractRodneyCraigGoodman (Request approval of amendment to agreement CAO2018-01 with Craig Goodman) ---PAGE BREAK--- 6.7.b Packet Pg. 120 Attachment: CAO2018-01ContractRodneyCraigGoodman (Request approval of amendment to agreement CAO2018-01 with Craig Goodman) ---PAGE BREAK--- 6.7.b Packet Pg. 121 Attachment: CAO2018-01ContractRodneyCraigGoodman (Request approval of amendment to agreement CAO2018-01 with Craig Goodman) ---PAGE BREAK--- 6.7.b Packet Pg. 122 Attachment: CAO2018-01ContractRodneyCraigGoodman (Request approval of amendment to agreement CAO2018-01 with Craig Goodman) ---PAGE BREAK--- 6.7.b Packet Pg. 123 Attachment: CAO2018-01ContractRodneyCraigGoodman (Request approval of amendment to agreement CAO2018-01 with Craig Goodman) ---PAGE BREAK--- 6.7.b Packet Pg. 124 Attachment: CAO2018-01ContractRodneyCraigGoodman (Request approval of amendment to agreement CAO2018-01 with Craig Goodman) ---PAGE BREAK--- 6.7.b Packet Pg. 125 Attachment: CAO2018-01ContractRodneyCraigGoodman (Request approval of amendment to agreement CAO2018-01 with Craig Goodman) ---PAGE BREAK--- 6.7.b Packet Pg. 126 Attachment: CAO2018-01ContractRodneyCraigGoodman (Request approval of amendment to agreement CAO2018-01 with Craig Goodman) ---PAGE BREAK--- 6.7.b Packet Pg. 127 Attachment: CAO2018-01ContractRodneyCraigGoodman (Request approval of amendment to agreement CAO2018-01 with Craig Goodman) ---PAGE BREAK--- 6.7.b Packet Pg. 128 Attachment: CAO2018-01ContractRodneyCraigGoodman (Request approval of amendment to agreement CAO2018-01 with Craig Goodman) ---PAGE BREAK--- AGENDA TRANSMITTAL TO: Board of Supervisors FROM: Nichole Williamson, CAO/HHS Director DATE OF MEETING: November 5, 2019 PREPARED BY: Michelle Beckwith, Administrative Assistant TITLE: Request adoption of a resolution authorizing the Director of Finance, the Supervising Chief Deputy Treasurer-Tax Collector, and in case of vacancies in the aforementioned titles the Chief Administrative Officer/Health and Human Services Director, to invest or withdraw monies with the Local Agency Investment Fund and execute and deliver any and all documents necessary or advisable in order to effectuate the transaction contemplated. SUMMARY: Director of Finance (Vacant), Supervising Chief Deputy Treasurer Tax-Collector Tina Scherer, and CAO/Health and Human Services Director Nichole Williamson are the authorized individuals at Alpine County to conduct Investment Activity with the Fund and the Local Agency Investment Fund requires the Board of Supervisors to adopt a resolution to reflect such authorization. RECOMMENDED ACTION: Adoption of a resolution authorizing the Director of Finance, the Supervising Chief Deputy Treasurer- Tax Collector, and in case of vacancies in the aforementioned titles the Chief Administrative Officer/Health and Human Services Director, to invest or withdraw monies with the Local Agency Investment Fund and execute and deliver any and all documents necessary or advisable in order to effectuate the transaction contemplated. ISSUE STATEMENT AND DISCUSSION: FISCAL IMPACT: 1) Budgeted Current Fiscal Year 2) Total Anticipated Cost Current Year 3) Total Anticipated Cost Annual Year (Not Applicable) $0.00 $0.00 $0.00 SOURCE Unanticipated Revenue From Contingency Other: $0.00 $0.00 $0.00 FUNDING SOURCE: N\A INSTRUCTIONS TO CLERK: Certified copy of the Resolution to LAIF and copy to CAO/Finance ID 3356 6.8 Packet Pg. 129 ---PAGE BREAK--- RESOLUTION NO. RESOLUTION OF THE BOARD OF SUPERVISORS, COUNTY OF ALPINE, STATE OF CALIFORNIA AUTHORIZING INVESTMENT OF MONIES IN THE LOCAL AGENCY INVESTMENT POOL WHEREAS, The Local Agency Investment Fund is established in the State Treasury under Government Code section 16429.1 et. seq. for the deposit of money of a local agency for purposes of investment by the State Treasurer; and WHEREAS, The Board of Supervisors hereby finds that the deposit and withdrawal of money in the Local Agency Investment Fund in accordance with Government Code section 16429.1 et. seq. for the purpose of investment as provided therein is in the best interests of Alpine County; NOW THEREFORE, BE IT RESOLVED, that the Board of Supervisors hereby authorizes the deposit and withdrawal of Alpine County monies in the Local Agency Investment Fund in the State Treasury in accordance with Government Code section 16429.1 et. seq. for the purpose of investment as provided therein. BE IT FURTHER RESOLVED, as follows: Section 1. The following Alpine County officers holding the title(s) specified here in below or their successors in office are each hereby (authorized to order the deposit or withdrawal of monies in the Local Agency Investment Fund and may execute and deliver any and all documents necessary or advisable in order to effectuate the purposes of this resolution and the transactions contemplated hereby): Vacant, Tina Scherer Director of Finance Supervising Chief Deputy Treasurer-Tax Collector Nichole Williamson Chief Administrative Officer/Health and Human Services Director Section 2. This resolution shall remain in full force and effect until rescinded by the Board of Supervisors by resolution and a copy of the resolution rescinding this resolution is filed with the State Treasurer’s Office. 6.8 Packet Pg. 130 ---PAGE BREAK--- David Griffith, Chair Board of Supervisors, County of Alpine, State of California ATTEST: APPROVED AS TO FORM: Teola L. Tremayne, County Clerk Margaret Long, County Counsel & Ex Officio Clerk to the Board of Supervisors By: Patricia Griffin, Assistant County Clerk 6.8 Packet Pg. 131 ---PAGE BREAK--- AGENDA TRANSMITTAL TO: Board of Supervisors FROM: David Griffith, Supervisor District 5 DATE OF MEETING: November 5, 2019 PREPARED BY: Michelle Beckwith, Administrative Assistant TITLE: Request approval of letter to California Fish and Game Acting Executive Director Melissa Miller-Henson and California Fish and Wildlife Chief Kari Lewis regarding application of the Lands Pass Program in Hope Valley Wildilfe Area. SUMMARY: Board of Supervisor Chair David Griffith, Board of Supervisor Ron Hames, and CAO/Health and Human Services Director Nichole Williamson met again with California Fish and Game Acting Executive Director Melissa Miller-Henson and California Fish and Wildilfe Chief Kari Lewis on Monday, September 16, 2019 to discuss Alpine County concerns with regard to the application of the Lands Pass Program to the Hope Valley Wildlife Area in Alpine County to reduce confusion and promote access to public lands. The meeting was to resolve specific applicability problems the Lands Pass Program presents in the Hope Valley Wildlife Area. This letter serves to expand in more detail upon the challenges, such as the irregularity and patchwork of boundaries between the Wildlife Area, U.S. Forest Service, private, and tribal lands. RECOMMENDED ACTION: Approve letter and authorize Board Chair to sign. ISSUE STATEMENT AND DISCUSSION: FISCAL IMPACT: 1) Budgeted Current Fiscal Year 2) Total Anticipated Cost Current Year 3) Total Anticipated Cost Annual Year (Not Applicable) $0.00 $0.00 $0.00 SOURCE Unanticipated Revenue From Contingency Other: $0.00 $0.00 $0.00 FUNDING SOURCE: INSTRUCTIONS TO CLERK: Melissa Miller-Henson Kari Lewis Acting Executive Director Chief California Fish and Game Commission California Department of Fish & Wildlife P.O. Box 944209, Sacramento, CA 94244-2090 P.O. Box 944209, Sacramento, CA 94244-2090 CC: cc via e-mail: Rural County Representatives of California 6.9 Packet Pg. 132 ---PAGE BREAK--- The Honorable Brian Dahle, Attn. Sheldon Fort The Honorable Frank Bigelow Ari Cornman, California Fish and Game Commission California State Association of Counties Washoe Tribe of Nevada & California Friends of Hope Valley Sorensen’s Resort Alpine Watershed Group 6.9 Packet Pg. 133 ---PAGE BREAK--- P.O. Box 158 / 99 Water Street, Markleeville, CA 96120 (530) 694-2281 / Fax (530) 694-2491 COUNTY OF ALPINE Board of Supervisors November 5, 2019 Melissa Miller-Henson Kari Lewis Acting Executive Director Chief California Fish and Game Commission California Department of Fish & Wildlife P.O. Box 944209, Sacramento, CA 94244-2090 P.O. Box 944209, Sacramento, CA 94244-2090 Re: Petition #2018-016, Hope Valley Wildlife Area via: e-mail Dear Ms. Melissa Miller-Henson and Ms. Kari Lewis, Thank you for meeting with us again on Monday, September 16, 2019 to discuss our concerns with regard to the application of the Lands Pass Program to the Hope Valley Wildlife Area in Alpine County to reduce confusion and promote access to public lands. We appreciate your engagement to solve specific applicability problems the Lands Pass Program presents in the Hope Valley Wildlife Area. Per your request, this letter serves to expand in more detail upon the challenges we have described, such as the irregularity and patchwork of boundaries between the Wildlife Area, U.S. Forest Service, private, and tribal lands. Attached is a map of the Hope Valley Wildlife Area, showing the land status and areas where the application of the Lands Pass Program is problematic. While detailed descriptions are included below, in general the problem is that strict application of the Lands Pass Program would require a fee to access public land managed by the U.S. Forest Service. Historically, even when what is now the Hope Valley Wildlife Area was in private ownership, there was no such impediment to accessing adjacent public land, and those that worked hard to fund the acquisition of this land for the California Department of Fish & Wildlife always intended that access to the Hope Valley Wildlife Area would remain free and unfettered to the public. Moreover, the ongoing problems of inconsistent cell phone coverage and access to broadband internet in the area makes it difficult for visitors to purchase a Lands Pass. The following specific problem areas are noted on the accompanying map. The map was prepared at a scale of 1:24,000 and should you wish to print a hardcopy, it should be printed on a paper size of 22 x 34 inches to maintain its scale and accuracy. A. Willow Creek Road. This road has been used for decades by the public and provides access for hikers, mountain bikers, horses, prospectors, skiers, snowshoers, and snowmobilers to Jobs Peak, Jobs Sister, Freel Peak, and Pass trails, all within public lands managed by the U.S. Forest Service. During the winter it is part of an established snowmobile trail from Pass through to Blue Lakes and beyond. B. Old Highway. This is the old highway between Luther Pass and Picket’s Junction and has been used for decades by mountain bikers and at least the upper part by snowmobilers as well. When what is now the Hope Valley Wildlife Area was in private ownership, ranchers allowed this public access. It is regularly maintained by mountain bike clubs from the Tahoe Basin and elsewhere. It is also part of a planned Quincy to Mammoth mountain bike route. C. Horsethief Meadows Road. This road was closed when the California Department of Fish & Wildlife acquired the property, but should be reopened to non-motorized travel as it leads to beautiful meadows on 6.9.a Packet Pg. 134 Attachment: BoardofSupervisorLetterFishandGameCommissionreLandsPassPetitionNovember2019 (Letter to Ca Fish and Wildlife/Game re ---PAGE BREAK--- P.O. Box 158 / 99 Water Street, Markleeville, CA 96120 (530) 694-2281 / Fax (530) 694-2491 public land managed by the U.S. Forest Service. If reopened, it would provide access for those on horseback, mountain bikes and back country skiers. During the snow-free months there is alternate access for hikers up Horsethief Canyon, but it is not suitable for horses or mountain bikes. D. West Fork Carson River. During high water, the West Fork of the Carson River is rafted through Hope Valley from well upstream of the Hope Valley Wildlife Area North Unit to below the Hwy. 89 bridge at Pickett’s Junction. Only the last section of the Carson River is within the Hope Valley Wildlife Area. Rafters should not be required to have a permit any more than motorists on Hwy. 88 and 89 require a permit to drive through the Wildlife Area. E. South of Hwy. 89. This area has been used by the public for many decades to access Burnside Road, a County road, and Burnside Lake, on public lands managed by the U.S. Forest Service. It is also a popular area in the winter for families to take their children tobogganing and sledding, for cross country ski lessons, and is traversed by a cross country ski trail that leads from Sorensen’s Resort to Burnside Road. Note that there are two parts of that are shown on the accompanying map and we refer to both portions. F. Hope Valley Wildlife Area South Unit. The entire unit should be exempted from the Lands Pass Program as the public land to the west of the South Unit is a popular back country ski area on public land managed by the U.S. Forest Service. Back country skiers park along Hwy. 88 and ski across the South Unit to reach the ridge and bowls in the Stevens Peak area. It makes little sense to require a Lands Pass for the isolated portion of the South Unit to the southwest. Alpine County understands that the concerns expressed by the Washoe Tribe of Nevada and California on this issue are proceeding under a separate process. However Alpine County has a strong government to government relationship with the Washoe Tribe, and wishes to reiterate our support for Native Americans and Washoe tribal members in particular to have free and unfettered access to their historic lands. Again, we greatly appreciate your time and attention to this important matter for our community. We would be pleased to take you up on your offer for a follow-up meeting in Hope Valley and tour these specific challenges. Although it is too late for the fall colors, Hope Valley is always beautiful and we hope that it will be possible to discuss these details on the ground where they can be better understood. We look forward to continued collaboration on a pathway forward. Sincerely, David Griffith Chair, Board of Supervisors Alpine County cc via e-mail: Rural County Representatives of California The Honorable Brian Dahle, Attn. Sheldon Fort The Honorable Frank Bigelow Ari Cornman, California Fish and Game Commission California State Association of Counties Washoe Tribe of Nevada & California Friends of Hope Valley Sorensen’s Resort Alpine Watershed Group 6.9.a Packet Pg. 135 Attachment: BoardofSupervisorLetterFishandGameCommissionreLandsPassPetitionNovember2019 (Letter to Ca Fish and Wildlife/Game re ---PAGE BREAK--- LARSON TIM OTHY & LORI TRUST W ILLIAM S M ARY P. JOHNSON J & JAM ES L JANE FOLEY INVESTM ENTS, LLC BRISSENDEN JOHN & PATRICIA BRISSENDEN JOHN & PATRICIA M AYER M ELANIE J ET AL DRESSLER RANCH, LLC HELLW INKEL M ARLENA TRUSTEE ET VAN DEN BERG DAVID C & JEAN K SHELTREN JOHN & CONSTANCE (CP BELL W ALTER T VON M PATRICIA GEORGIADES THALEIA (OT) AND HESSELINK LAM BERTUS TRUSTEE L.HESSELINK, INC DRESSLER RANCH, LLC HESSELTINE ROBERT L LIFE EST. BARROW DAVID S TRUSTEE HAM ES RONALD L JACKSON RANCHERIA BAND OF BAM ERT EDW ARD T & BEVERLY J KAO PETER N TRUSTEE AND W ILLIAM S CARRINA TTEE ET AL BURNS GREGORY & JEAN TRUSTEES Blue Lakes Rd Highway 89 31053 31051 31025 31081C 31091A 31999 31093 1 D.ESouth of Hwy. 89 0 9D 31015C 31081G Douglas W ay Highway 88 31081E 31998 31079 31022 31205 31022 31072 31019G 31081D Blue Lakes Rd 31079A 31147A 31072B 31156 31019F 31065 31079C 31072C 31019B Burnside LakeRd 31024 Blue Cam as Rd 31081F 31156A 31079B 31064 31205B 31081 31053 31072A 31205A 31205C 31053A 31151 Alpine M ine Rd 31053C 31072D 31051E 31158 31205D 31051D 31081A 31019C 31019A 31079D 31081B 31053B 31151A Copyright:© 2013 National Geographic Society, i-cubed Alpine County GIS All data displayed on this m ap is regarded as planning or resource level inform ation specifically for use by Alpine County. Alpine County does not warrant in any way the accuracy, currency, usage or interpretation of the inform ation displayed. 9/20/2019 zwood Hope Valley W ildlife Area Lands Pass Program Hope Valley W ildlife Area North Unit Hope Valley W ildlife Area Hope Valley W ildlife Area South Unit Hope Valley W ildlife Area South Unit Red Lake W ildlife Area Red Lake W ildlife Area Red Lake W ildlife Area 0 0.5 1 0.25 M iles Hum boldt Toiyabe National Forest Hum boldt Toiyabe National Forest Legend Agency Ownership Forest Service State Fish and W ildlife Private Roads State Highway County M aintained Federal Road A. Willow Creek Road B. Old Highway C. Horsethief Meadows Road E. F. Hope Valley Wildlife Area SouthUnit. D. West Fork E. South of Hwy. 88 6.9.b Packet Pg. 136 Attachment: HopeValleyLandsPassMap24000 (Letter to Ca Fish and Wildlife/Game re Lands Pass Application Hope Valley) ---PAGE BREAK--- AGENDA TRANSMITTAL TO: Board of Supervisors FROM: Brian Peters, Community Development Director DATE OF MEETING: November 5, 2019 PREPARED BY: Brian Peters, Community Development Director TITLE: Request approval of a letter to Liberty Utilities to thank them for fuels reduction work on Hot Springs Road SUMMARY: Liberty Utilities recently completed a fuels reduction project within their overhead power line easement along Hot Springs Road. The work was done with cooperation from the Alpine Fire Safe Council and the County. A draft thank you letter is attached. RECOMMENDED ACTION: Approve a letter to Liberty Utilities to thank them for fuels reduction work on Hot Springs Road ISSUE STATEMENT AND DISCUSSION: FISCAL IMPACT: 1) Budgeted Current Fiscal Year 2) Total Anticipated Cost Current Year 3) Total Anticipated Cost Annual Year (Not Applicable) $0.00 $0.00 $0.00 SOURCE Unanticipated Revenue From Contingency Other: $0.00 $0.00 $0.00 FUNDING SOURCE: INSTRUCTIONS TO CLERK: 6.10 Packet Pg. 137 ---PAGE BREAK--- Letter to Liberty Utilities – to be put on Board of Supervisors letterhead To: Eliott Jones Vegetation Management Liberty Utilities Dear Mr. Jones: The Alpine County Board of Supervisors wishes to extend its thanks and appreciation for the extensive fuels reduction work conducted on Hot Springs Road recently completed by Liberty Utilities. It is these cooperative fuels projects in Alpine County that will serve to better protect our residents, as well as enhanced protection for your power lines. The Alpine Fire Safe Council, Alpine Biomass Collaborative and community members identified the need to reduce large trees and tree canopy in our right of way along Hot Springs Road, was imperative for the County to improve this evacuation route for residents as well as the entrance and egress for firefighters in a wildland fire event. Liberty Utilities staff worked cooperatively with the Alpine Fire Safe Council staff and County Community Development staff to complete the work in a short time period. Your efforts are appreciated. Sincerely, David Griffith, Chair Alpine County Board of Supervisors 6.10.a Packet Pg. 138 Attachment: 2019.11.05 Hot Springs Road fuel reduction - Liberty Utilities Thank you (Thank you letter to Liberty Utilities - Hot Springs fuel ---PAGE BREAK--- AGENDA TRANSMITTAL TO: Board of Supervisors FROM: Teola Tremayne, County Clerk DATE OF MEETING: November 5, 2019 PREPARED BY: PJ Griffin, Assistant County Clerk TITLE: Public hearing and possible action regarding a renewal application for a general license to conduct bingo games for the calendar year 2019 from the Alpine Kids, a non-profit organization. SUMMARY: The Alpine Kids has requested a renewal of a general license to conduct bingo games during calendar year 2019 per Alpine County Ordinance 485-88. The application was reviewed by the Sheriff, Community Development Director and Public Health Officer; all gave their recommendation in favor of issuing the permit. Alpine Kids will host Turkey Bingo on 11/23/2019 from 6:00 p.m. – 8:00 p.m. RECOMMENDED ACTION: Approve general license to conduct bingo games. ISSUE STATEMENT AND DISCUSSION: Alpine County Code Section 5.08.160 A. states that general licenses are granted for one-year terms; each term is renewable annually. FISCAL IMPACT: 1) Budgeted Current Fiscal Year 2) Total Anticipated Cost Current Year 3) Total Anticipated Cost Annual Year (Not Applicable) $0.00 $0.00 $0.00 SOURCE Unanticipated Revenue From Contingency Other: $0.00 $0.00 $0.00 FUNDING SOURCE: INSTRUCTIONS TO CLERK: Original County Clerk, copy Alpine Kids 7.1 Packet Pg. 139 ---PAGE BREAK--- NOTICE OF PUBLIC HEARING Alpine County Board of Supervisors Tuesday November 5, 2019 10:00 a.m. Alpine County Government Center Markleeville, California Notice is hereby given that the Alpine County Board of Supervisors will conduct a public hearing concerning a renewal application for a general license to conduct bingo games for the calendar year 2019 from the Alpine Children's Center, a non-profit organization. The public hearing will be held during the regular meeting of the Alpine County Board of Supervisors on November 5, 2019 at 10:00 a.m., or as soon thereafter as the matter can be heard, at the Alpine County Government Center, Markleeville, California. Members of the public are invited to attend the public hearing. Written comments to be included in the administrative record of the proceedings may be mailed to: ALPINE COUNTY CLERK P.O. BOX 158 MARKLEEVILLE, CA 96120 or [EMAIL REDACTED] Public input is encouraged. DATED: October 2, 2019 Teola L. Tremayne, County Clerk and ex officio Clerk of the Board of Supervisors, County of Alpine, State of California By: Patricia Griffin, Assistant County Clerk 7.1.a Packet Pg. 140 Attachment: PHN BINGO PERMIT 2019 (10:00AM Bingo Permit - Alpine Kids) ---PAGE BREAK--- 7.1.b Packet Pg. 141 Attachment: Bingo Flyer 2019 (10:00AM Bingo Permit - Alpine Kids) ---PAGE BREAK--- 7.1.c Packet Pg. 142 Attachment: Bingo Permit Recommendations 2019 (10:00AM Bingo Permit - Alpine Kids) ---PAGE BREAK--- 7.1.c Packet Pg. 143 Attachment: Bingo Permit Recommendations 2019 (10:00AM Bingo Permit - Alpine Kids) ---PAGE BREAK--- AGENDA TRANSMITTAL TO: Board of Supervisors FROM: Nichole Williamson, CAO/HHS Director DATE OF MEETING: November 5, 2019 PREPARED BY: Michelle Beckwith, Administrative Assistant TITLE: Presentation by Alpine Fire Safe Council Chair Kris Hartnett final report on the Community Small Grant Award. SUMMARY: The Alpine Fire Safe Council [AFSC] was awarded $3790.00 through the Community Small Business Grant [CSBG]. Their application was for the pursuit of Defensible Space/fuels reduction work. The program is called “Senior Defensible Space Clean up”. This CSBG program assisted two Eastern Alpine County residents, who met the AFSC criteria. • 999 Foothill Rd. • 536 Jackson Ranch Road Criteria to be eligible. 1/ Be over 70 years old or disabled and not have the financial resources to hire someone else to do the work. 2/ Live on the property where you want the work done. 3/ Complete the attached application form. 4/ Deliver the complete application by mail or e-mail to the address in the letterhead. 5/ If your application is approved it will be necessary to sign the Hold Harmless Agreement (copy attached) whereby you agree to not seek any indemnification from the AFSC as a result of this work. RECOMMENDED ACTION: Report Only ISSUE STATEMENT AND DISCUSSION: FISCAL IMPACT: 1) Budgeted Current Fiscal Year 2) Total Anticipated Cost Current (Not Applicable) $0.00 SOURCE Unanticipated Revenue From $0.00 $0.00 9.1 Packet Pg. 144 ---PAGE BREAK--- Year 3) Total Anticipated Cost Annual Year $0.00 $0.00 Contingency Other: $0.00 FUNDING SOURCE: Fund 397-$3790.00 INSTRUCTIONS TO CLERK: CAO 9.1 Packet Pg. 145 ---PAGE BREAK--- 9.1.a Packet Pg. 146 Attachment: (9:30AM Presentation by Kris Hartnett Chair for AFSC on Community Small Grant Award.) ---PAGE BREAK--- 9.1.a Packet Pg. 147 Attachment: (9:30AM Presentation by Kris Hartnett Chair for AFSC on Community Small Grant Award.) ---PAGE BREAK--- 9.1.a Packet Pg. 148 Attachment: (9:30AM Presentation by Kris Hartnett Chair for AFSC on Community Small Grant Award.) ---PAGE BREAK--- 9.1.a Packet Pg. 149 Attachment: (9:30AM Presentation by Kris Hartnett Chair for AFSC on Community Small Grant Award.) ---PAGE BREAK--- 9.1.a Packet Pg. 150 Attachment: (9:30AM Presentation by Kris Hartnett Chair for AFSC on Community Small Grant Award.) ---PAGE BREAK--- 9.1.a Packet Pg. 151 Attachment: (9:30AM Presentation by Kris Hartnett Chair for AFSC on Community Small Grant Award.) ---PAGE BREAK--- 9.1.a Packet Pg. 152 Attachment: (9:30AM Presentation by Kris Hartnett Chair for AFSC on Community Small Grant Award.) ---PAGE BREAK--- 9.1.a Packet Pg. 153 Attachment: (9:30AM Presentation by Kris Hartnett Chair for AFSC on Community Small Grant Award.) ---PAGE BREAK--- 9.1.b Packet Pg. 154 Attachment: 99FoothillRd (9:30AM Presentation by Kris Hartnett Chair for AFSC on Community Small ---PAGE BREAK--- 9.1.b Packet Pg. 155 Attachment: 99FoothillRd (9:30AM Presentation by Kris Hartnett Chair for AFSC on Community Small ---PAGE BREAK--- 9.1.b Packet Pg. 156 Attachment: 99FoothillRd (9:30AM Presentation by Kris Hartnett Chair for AFSC on Community Small ---PAGE BREAK--- 9.1.b Packet Pg. 157 Attachment: 99FoothillRd (9:30AM Presentation by Kris Hartnett Chair for AFSC on Community Small ---PAGE BREAK--- 9.1.b Packet Pg. 158 Attachment: 99FoothillRd (9:30AM Presentation by Kris Hartnett Chair for AFSC on Community Small ---PAGE BREAK--- 9.1.b Packet Pg. 159 Attachment: 99FoothillRd (9:30AM Presentation by Kris Hartnett Chair for AFSC on Community Small ---PAGE BREAK--- 9.1.b Packet Pg. 160 Attachment: 99FoothillRd (9:30AM Presentation by Kris Hartnett Chair for AFSC on Community Small ---PAGE BREAK--- 9.1.b Packet Pg. 161 Attachment: 99FoothillRd (9:30AM Presentation by Kris Hartnett Chair for AFSC on Community Small ---PAGE BREAK--- 9.1.b Packet Pg. 162 Attachment: 99FoothillRd (9:30AM Presentation by Kris Hartnett Chair for AFSC on Community Small ---PAGE BREAK--- 9.1.c Packet Pg. 163 Attachment: 536 (9:30AM Presentation by Kris Hartnett Chair for AFSC on Community ---PAGE BREAK--- 9.1.c Packet Pg. 164 Attachment: 536 (9:30AM Presentation by Kris Hartnett Chair for AFSC on Community ---PAGE BREAK--- 9.1.c Packet Pg. 165 Attachment: 536 (9:30AM Presentation by Kris Hartnett Chair for AFSC on Community ---PAGE BREAK--- 9.1.c Packet Pg. 166 Attachment: 536 (9:30AM Presentation by Kris Hartnett Chair for AFSC on Community ---PAGE BREAK--- 9.1.c Packet Pg. 167 Attachment: 536 (9:30AM Presentation by Kris Hartnett Chair for AFSC on Community ---PAGE BREAK--- 9.1.c Packet Pg. 168 Attachment: 536 (9:30AM Presentation by Kris Hartnett Chair for AFSC on Community ---PAGE BREAK--- 9.1.c Packet Pg. 169 Attachment: 536 (9:30AM Presentation by Kris Hartnett Chair for AFSC on Community ---PAGE BREAK--- AGENDA TRANSMITTAL TO: Board of Supervisors FROM: Teola Tremayne, County Clerk DATE OF MEETING: November 5, 2019 PREPARED BY: PJ Griffin, Assistant County Clerk TITLE: Request adoption of a resolution recognizing and celebrating John and Patty Brissenden. SUMMARY: The purpose of the resolution is to recognize and celebrate John and Patty Brissenden for their efforts to preserve and share the beauty and serenity of Alpine County now and for future generations to come. RECOMMENDED ACTION: Adopt the resolution recognizing and celebrating John and Patty Brissenden. ISSUE STATEMENT AND DISCUSSION: FISCAL IMPACT: 1) Budgeted Current Fiscal Year 2) Total Anticipated Cost Current Year 3) Total Anticipated Cost Annual Year (Not Applicable) $0.00 $0.00 $0.00 SOURCE Unanticipated Revenue From Contingency Other: $0.00 $0.00 $0.00 FUNDING SOURCE: INSTRUCTIONS TO CLERK: ID 3346 9.2 Packet Pg. 170 ---PAGE BREAK--- RESOLUTION NO. RESOLUTION OF THE BOARD OF SUPERVISORS, COUNTY OF ALPINE, STATE OF CALIFORNIA RECOGNIZING AND CELEBRATING JOHN AND PATTY BRISSENDEN WHEREAS, in 1982, John and Patty Brissenden purchased Sorensen’s Resort in Hope Valley, Alpine County, California, bringing with them their strong sense of family and community, and WHEREAS, John and Patty recognized the need to preserve the treasured lands of Alpine County, and WHEREAS, John and Patty worked tirelessly to preserve and bring into public ownership large portions of Hope Valley and other environmentally treasured lands within Alpine County, and WHEREAS, John and Patty worked not only to preserve these pristine lands, but also to create an environment that welcomed tourist to share these lands, and WHEREAS, as Innkeepers, John and Patty made Sorensen’s Resort a world class destination resort, attracting people from all over the world to Alpine County, and WHEREAS, John and Patty were founding members of the Sierra Nevada Alliance, and WHEREAS, John served on the Alpine County Board of Supervisors, the California State Parks OHV Commission, and the Lahontan Regional Water Quality Control Board; was instrumental in creating the Sierra Nevada Conservancy and to this day, sits on the Sierra Nevada Conservancy Board, NOW, THEREFORE, BE IT RESOLVED, BY THE Board of Supervisors of the County of Alpine, State of California, do hereby recognize and celebrate John and Patty Brissenden for their efforts to preserve and share the beauty and serenity of Alpine County now and for future generations to come. 9.2 Packet Pg. 171 ---PAGE BREAK--- David Griffith, Chair Board of Supervisors, County of Alpine, State of California ATTEST: APPROVED AS TO FORM: Teola L. Tremayne, County Clerk Margaret Long, County Counsel & Ex Officio Clerk to the Board of Supervisors By: Patricia Griffin, Assistant County Clerk 9.2 Packet Pg. 172 ---PAGE BREAK--- AGENDA TRANSMITTAL TO: Board of Supervisors FROM: Brian Peters, Community Development Director DATE OF MEETING: November 5, 2019 PREPARED BY: Brian Peters, Community Development Director TITLE: Request approval of continuing emergency contracting procedures initiated by the Community Development Director pursuant to Alpine County Code Section 2.18.120 with regard to repair of damage that occurred at the Perry Walther Building in Bear Valley as a result of heavy snow accumulation in 2019; and authorize the Finance Department to increase appropriations in 132, Risk Management, by $86,620, and fund the increase from the County’s General Reserve balance. Requires 4/5 vote. SUMMARY: Alpine County Code Section 2.18.120 establishes emergency contracting procedures. In such circumstances the Community Development Director is authorized to procure the necessary equipment, services, and supplies for those purposes, without giving notice for bids to let contracts. On October 23, 2019 the Community Development Director approved a contract in amount of $86,620 with Brad Schoettgen construction to repair damage that occurred to one wall of the Perry Walther building this past winter. Under the normal non-emergency bidding procedures in County Code, a Notice to Bidders would be required prior to proceeding with a contract exceeding $60,000 for this type of work. RECOMMENDED ACTION: Approve continuing emergency contracting procedures initiated by the Community Development Director pursuant to Alpine County Code Section 2.18.120 with regard to repair of damage that occurred at the Perry Walther Building in Bear Valley as a result of heavy snow accumulation in 2019; and authorize the Finance Department to increase appropriations in 132, Risk Management, by $86,620, and fund the increase from the County’s General Reserve balance. ISSUE STATEMENT AND DISCUSSION: Heavy snow accumulation in Bear Valley this past winter resulted in a large block of snow and ice falling from the roof of the Perry Walther building. When this occurred a large portion of the east wall of the building was cracked and warped. In June we were able to view the damage, consult with a structural engineer and put together a scope of work and cost estimate. Our initial cost estimate for the work was under $60K which would not require bidding. Our insurance approved. In early July in an effort to find a contractor to do the work the Community Development Director sent an email to about 12 contractors (including Brad Schoettgen Construction and other local contractors registered with the Department) to see if they might be interested in submitting a proposal. We did not get any responses. This informal process did not include any Notice to Bidders since it is not required when the value of the work does not exceed $60,000. In August we found a contractor that was interested and they eventually gave us a bid of $380,000. Our insurance asked that we try to get another bid. On October 18, 2019 we received the bid for $86,620 from Brad Schoettgen Construction. They have experience working with the County in Bear Valley. The County’s insurance carrier, CSAC-EIA, has approved the contract and will reimburse the County upon completion of the work. 9.3 Packet Pg. 173 ---PAGE BREAK--- The emergency is that we need to get a portion of the work done before winter sets in. The exterior of the building was cracked and open to the elements and needs to be repaired as soon as possible. County Code Section 2.18.120 requires the Community Development Director to provide the Board of Supervisors with updates at each regular meeting until the work is completed. This can be done under Department announcements, except in a case where Board action might be necessary in which case the item will be placed on the regular agenda. FISCAL IMPACT: 1) Budgeted Current Fiscal Year 2) Total Anticipated Cost Current Year 3) Total Anticipated Cost Annual Year (Not Applicable) $0.00 $0.00 $0.00 SOURCE Unanticipated Revenue From Contingency Other: $0.00 $0.00 $0.00 FUNDING SOURCE: County insurance coverage, minus the deductible INSTRUCTIONS TO CLERK: Copy to CDA 9.3 Packet Pg. 174 ---PAGE BREAK--- AGENDA TRANSMITTAL TO: Board of Supervisors FROM: Brian Peters, Community Development Director DATE OF MEETING: November 5, 2019 PREPARED BY: Brian Peters, Community Development Director TITLE: Discussion and possible direction to staff regarding incorporating the Limited-Density Owner- Built Rural Dwellings provisions into the upcoming cycle of local adoption of the California Residential Code SUMMARY: The California Residential Code contains residential building design and construction requirements. This code contains provisions for Limited-Density Owner-Built Rural Dwellings. These provisions have not been adopted or implemented in Alpine County. At a recent meeting, the Board of Supervisors directed the Community Development staff to provide more information to the Board prior to the next cycle of building code adoption that will be initiated later this year. The Board could then provide direction to staff on whether or not to include provisions for Limited Density Owner-Built Rural Dwellings in the County’s adoption of the applicable building codes. RECOMMENDED ACTION: Direction to staff on whether or not to include provisions for Limited Density Owner-Built Rural Dwellings in the County’s upcoming cycle of local adoption of the California Residential Code. ISSUE STATEMENT AND DISCUSSION: See attached narrative from Tony Creter, Building Official. FISCAL IMPACT: 1) Budgeted Current Fiscal Year 2) Total Anticipated Cost Current Year 3) Total Anticipated Cost Annual Year (Not Applicable) $0.00 $0.00 $0.00 SOURCE Unanticipated Revenue From Contingency Other: $0.00 $0.00 $0.00 FUNDING SOURCE: INSTRUCTIONS TO CLERK: Copy to Tony Creter, Building Official 9.4 Packet Pg. 175 ---PAGE BREAK--- 50 Diamond Valley Road, Markleeville, CA 96120 (530) 694-2140 / Fax (530) 694-2149 www.alpinecountyca.gov Brian Peters, Director COUNTY OF ALPINE Community Development Memo To: Board of Supervisors From: Tony Creter, Building Official Date: 10/21/2019 Re: Limited-Density Owner-Built Rural Dwellings In response to a recent request for information regarding “Limited-Density Owner-Built Rural Dwellings”, sometimes also referred to as “Class K Housing”, Alpine County Community Development-Building Safety Division provides the following narrative. Background The subject and definitions of Limited-Density Owner-Built Rural Dwellings were initially developed as alternative provisions and published in the California Code of Regulations (CCR) Title 24, 2010 California Residential Code, as a result of the regulations promulgated within CCR Title 25 Housing and Community Development, Div. 1, Chapter 1, Subchapter 1, Article 8. In order to provide a better understanding of the subject, we feel that it is important to include excerpts of the regulations. Please note that expressions in italics are excerpts from selected content of Title 24 & Title 25. The entire content is available at & A commentary will follow. Purpose The purpose of this article is to provide minimum requirements for the protection of life, limb, health, property, safety, and welfare of the general public and the owners and occupants of limited density owner-built rural dwellings and appurtenant structures. It is also the expressed purpose of this article to conform the regulations regarding the construction and use of limited density, rural owner-built dwellings and appurtenant structures to the requirements of Article 1, Section 1, of the California State Constitution, and the statutes of the State of California which require the department to consider the uniform model codes and amendments thereto; and local 9.4.a Packet Pg. 176 Attachment: 2019.11.05 limited density owner built rural dwellings memo (Limited density rural development building code provisions) ---PAGE BREAK--- conditions, among which are conditions of topography, geography and general development; and to provide for the health, safety and general welfare of the public in adopting building standards. Intent and Application The provisions of this article shall apply to the construction, enlargement, conversion, alteration, repair, use, maintenance, and occupancy of limited density owner-built rural dwellings and appurtenant structures. It is the intent of this article that the requirements contained herein shall apply to seasonally or permanently occupied dwellings, hunting shelters, guest cottages, vacation homes, recreational shelters and detached bedrooms located in rural areas. Definitions For the purposes of this article the following definitions shall apply: “Limited density, rural dwelling.” A “limited density, rural dwelling” is any structure consisting of one or more habitable rooms intended or designed to be occupied by one family with facilities for living and sleeping, with use restricted to rural areas that fulfill the requirements of this article. “Owner built.”(a) “Owner built” shall mean constructed by any person or family who acts as the general contractor for, or the provider of, part or all of the labor necessary to build housing to be occupied as the principal residence of that person or family, and not intended for sale, lease, rent or employee occupancy. For the purposes of this article the sale, lease, renting (see local authority Section 82(b)) or employee occupancy of owner-built structures (with)in one year of issuance of a Certificate of Occupancy shall be presumptive evidence that the structure was erected for the purpose of sale, lease, or renting. “Rural.” For the purpose of this article only, “rural” shall mean those unincorporated areas of counties designated and zoned by the appropriate local agency for the application of this article. In defining “rural,” the agency shall consider local geographical or topographical conditions, conditions of general development as evidenced by population densities and availability of utilities or services, and such other conditions that the agency deems relevant to its determination. Suitable areas may include those wherein the predominate land usage is forestry, timber production, agriculture, grazing, recreation, or conservation. Local Standards Pursuant to Sections 17958, 17958.5, and 17958.7 of the Health and Safety Code, the governing body of every jurisdiction in which there exist rural areas displaying conditions appropriate for the application of this article and designated as such by the appropriate local agency shall adopt regulations imposing the same requirements as are contained in this article. 9.4.a Packet Pg. 177 Attachment: 2019.11.05 limited density owner built rural dwellings memo (Limited density rural development building code provisions) ---PAGE BREAK--- Regulation of Use For the purposes of this article the sale, lease, renting or employee occupancy of owner-built structures within one year of the issuance of a Certificate of Occupancy shall be presumptive evidence that the structure was erected for the purpose of sale, lease or renting. The restrictions of this article on the sale, lease, renting, or employee occupancy of these dwellings may be reasonably amended to be more restrictive if the governing body determines that such an amendment is necessary to ensure compliance with the intent of this article. The remaining balance of the sections of the Article provided above generally reflects the content found in the California Residential Code for the administration, document submission and inspections of the proposed projects and therefore was not deemed to be necessary to reprint for the purposes of this narrative. Design Criteria – Alternate Provisions The following excerpts are from the 2019 California Residential Code (CRC) Section R301.1.1.1 Alternative provisions for limited-density owner-built rural dwellings. To meet compliance with the requirements of this code, provisions of Section R301.1.1.1, Items 1 through 5 may be utilized for limited-density owner-built rural dwellings when the materials, methods of construction, or appliances are determined appropriate or suitable for their intended purpose by the local enforcing agency. 1. A limited-density owner-built rural dwelling may be of any type of construction which will provide for a sound structural condition. Structural hazards which result in an unsound condition and which may constitute a substandard building are delineated in Section 17920.3 of the Health and Safety Code. 2. There shall be no requirements for room dimensions as required in Chapter 3, provided there is adequate light and ventilation and means of egress. 3. There shall be no specified requirement for heating capacity or for temperature maintenance. The use of solid-fuel or solar heating devices shall be deemed as complying with the requirements of Chapter 3. If nonrenewable fuel is used in these dwellings, rooms so heated shall meet current installation standards. 4. Pier foundations, stone masonry footings and foundations, pressure-treated lumber, poles or equivalent foundation materials or designs may be used providing that bearing is sufficient. 5. Owner-produced or used materials and appliances may be utilized unless found not to be of sufficient strength or durability to perform the intended function. Owner-produced or used lumber or shakes or shingles may be utilized unless found to contain dry rot, excessive splitting or other defects obviously rendering the material unfit in strength or durability for the intended purpose. 9.4.a Packet Pg. 178 Attachment: 2019.11.05 limited density owner built rural dwellings memo (Limited density rural development building code provisions) ---PAGE BREAK--- As one might surmise from reviewing the five items, there appears to be abundant cause for interpretation, “what-if’s” and certain exclusions. Please also refer to the aforementioned web links for further items. Jurisdictions that have adopted the provisions have their unique interpretations and justifications for amendments and exclusions. Adoptions by other County Jurisdictions A web search was performed of California counties that have adopted various forms and/or interpretations of limited-density owner-built rural dwellings provisions. These counties may perhaps have adopted such ordinances based upon their particular housing needs, such as in the several cases of a significant loss of housing due to natural catastrophes. A general overview of the adopted ordinances indicates that there seems to be a wide range of interpretations, definitions and restrictions. The examples of counties expressed below are not intended to be interpreted as complete or current lists. Please also note that certain adopted ordinances may have included a “sunset clause”, may have been replaced, or may no longer be in effect. Amador County html Butte County VIRELIDEOWILRUDW Marin County BUCO_CH19.20VOALRECOMALIDEOWILRUDW_19.20.010PU Mendocino County Mono County /limited_density_ordinance.pdf Shasta County Sonoma County http://sonomacounty-ca.elaws.us/code/coor_ch7a 9.4.a Packet Pg. 179 Attachment: 2019.11.05 limited density owner built rural dwellings memo (Limited density rural development building code provisions) ---PAGE BREAK--- Ventura County http://pwaportal.ventura.org/ONESTOP/ESD/2013VCBC.pdf Commentary The enactment of an ordinance adopting the language of the elements noted above presents several scenarios and resultant challenges. a. A proposal to formally adopt “Limited-Density Owner-Built Rural Dwellings” as a new ordinance will require “findings of facts” which in turn must be forwarded to the CA State Department of Housing and Community Development. The “findings of facts” may include, but not be limited to, community comments and requests for leniency based upon financial hardship, logistical challenges, severe lack of housing or other such definitive circumstances. A recent statement expressed by one private party was the first such comment regarding the subject that was brought to our attention in the previous nine years. b. The areas of the County where Limited-Density Owner-Built Rural Dwellings are going to be allowed will need to be determined either by specifically defined locational criteria or by some other means such as zoning districts. Additionally, the provisions will need to clearly describe the intent, specific requirements and any limitations that are included. c. There may need to be changes to the County’s zoning ordinance to define where such structures would be allowed to be constructed, minimum structure size for residential dwellings and any other provisions that might be applicable to the Limited-Density Owner-Built Rural Dwellings. d. A concern of fair and uniform treatment to all applicants may develop due to perceptions of certain codes being reduced, relaxed or eliminated for dwellings constructed by “owner-builders” versus dwellings constructed by general contractors that must comply with the general terms of the codes. e. The County of Alpine has historically adopted the state codes and further amended the codes due to climatic, topographical and geological conditions in accordance with Building Standards law. These amendments are necessary to promote more resilient structures that would otherwise be subject to degradation and potential failure of the structure. For example, a foundation constructed of wood or stones will fail over a shorter period of time or in a significant seismic event. Alpine County is recognized as being within Seismic Design Category and its subcategories, in part due to the proximity of mapped fault zones. Privately owned land in Alpine County is predominately within a SRA Moderate, High or Very High Fire Hazard Severity Zone. f. As evidenced by the stark differences in the local interpretation and application of the alternate provisions among counties that have enacted “Limited-Density Owner-Built Rural Dwellings”, there are a wide range of code references, plan submissions, inspections, etc. the scope of the 9.4.a Packet Pg. 180 Attachment: 2019.11.05 limited density owner built rural dwellings memo (Limited density rural development building code provisions) ---PAGE BREAK--- requirements may now be considered by many to be quite random. Builders and subcontractors that travel between neighboring counties have had to make adjustments to their bids and practices. g. Much of the requirements for safety, resilience and energy efficiency that are currently in effect are not specifically addressed by the alternate provisions. Therefore, the requirements as expressed for construction methods for wildfire protection, fire sprinklers, energy and green codes and mechanical codes will remain in place. h. Once a Limited-Density Owner-Built Rural Dwelling is sold to another party, as nearly all dwellings eventually are, it becomes a “buyer beware” situation because independent home inspectors and others involved in the transaction will have a harder time trying to determine if a dwelling was built “up to code”. i. Provisions do, in fact, currently exist or are available for alternate methods and materials. “Tiny Homes”, factory-built homes, kit homes, straw bale homes, light straw-clay construction, etc. can all be considered as viable choices and are currently being considered to be offered for adoption as appendixes to the CRC. Recommendations The Alpine County Community Development-Building Safety Division believes that there is value in maintaining the structural and life safety requirements as currently adopted. The “necessity” to adopt and accept a lesser degree of habitability and resilience does not currently appear to be prevalent. 9.4.a Packet Pg. 181 Attachment: 2019.11.05 limited density owner built rural dwellings memo (Limited density rural development building code provisions) ---PAGE BREAK--- AGENDA TRANSMITTAL TO: Board of Supervisors FROM: Brian Peters, Community Development Director DATE OF MEETING: November 5, 2019 PREPARED BY: Brian Peters, Community Development Director TITLE: Request approval of a contract with Eastman Snow Removal Service LLC for snow removal services in Bear Valley effective November 1, 2019 through May 30, 2020 with an option to mutually agree to an extension of three years SUMMARY: The County contracts for snow removal services in Bear Valley for the County roads that remain open in the winter and the County-owned parking lots. The most current contract expired on June 30, 2019. On August 6, 2019, the Board of Supervisors authorized solicitation of bids for a new contract with a bid opening date of September 10, 2019. No bids were received. When no bids are received, direct negotiations with a qualified contractor are authorized. With County Counsel’s concurrence, the Community Development Director has been negotiating a new contract with Eastman Snow Removal Services LLC. The Community Development Director is recommending approval of the attached contract. RECOMMENDED ACTION: Approve a contract with Eastman Snow Removal Service LLC for snow removal services in Bear Valley effective November 1, 2019 through May 30, 2020 with an option to mutually agree to an extension of three years ISSUE STATEMENT AND DISCUSSION: The contract is the same scope of services as prior contracts. The following are key highlights from the recommended new contract with Eastman Snow Removal Services LLC.  Contract term is one year with an option for a 3-year extension following the first year  Prevailing wage to be paid for all labor rates – these are incorporated into the equipment rates  Minimum payment of $5000/month October-May, with a deduction in the minimum for actual work performed  Additional Service Fee of $5000/month October-May - this similar to a “stand-by fee” paid to insure that all equipment is on site and ready for operation and is common in this type of contract  No minimum or service fee to be paid for October 2019  County to reimburse contractor for the cost of the required performance and payment bonds; and for the California Department of Industrial Relations registration fees FISCAL IMPACT: 1) Budgeted Current Fiscal Year 2) Total Anticipated Cost Current Year 3) Total Anticipated Cost Annual (Not Applicable) $0.00 $0.00 $0.00 SOURCE Unanticipated Revenue From Contingency Other: $0.00 $0.00 $0.00 9.5 Packet Pg. 182 ---PAGE BREAK--- Year FUNDING SOURCE: CSA #1 (60%) and Road Fund (40%) INSTRUCTIONS TO CLERK: Copy to CDA 9.5 Packet Pg. 183 ---PAGE BREAK--- AGENDA TRANSMITTAL TO: Board of Supervisors FROM: Teola Tremayne, County Clerk DATE OF MEETING: November 5, 2019 PREPARED BY: Teola Tremayne, County Clerk TITLE: Discussion and possible adoption of a resolution revising the Alpine County Governance Manual and Board of Supervisors Operating Rules and Procedures. SUMMARY: Chair Griffith, CAO/HHS Director Nichole Williamson and County Clerk Teola Tremayne to discuss revisions to the manual and operating procedures. The recommended amendments are identified by track changes. RECOMMENDED ACTION: adoption of resolution ISSUE STATEMENT AND DISCUSSION: FISCAL IMPACT: 1) Budgeted Current Fiscal Year 2) Total Anticipated Cost Current Year 3) Total Anticipated Cost Annual Year (Not Applicable) $0.00 $0.00 $0.00 SOURCE Unanticipated Revenue From Contingency Other: $0.00 $0.00 $0.00 FUNDING SOURCE: N/A INSTRUCTIONS TO CLERK: copy to BOS, Clerk, CAO 9.6 Packet Pg. 184 ---PAGE BREAK--- COUNTY OF ALPINE BOARD OF SUPERVISORS Governance Manual and Board of Supervisors Operating Rules and Procedures (Containing ethics standards, references to policies and procedures for Board operation and serving the function of Bylaws for the Board of Supervisors) Adopted by Resolution No. R2014-34_________ of the County of Alpine at the regular meeting of July 15, 9.6.a Packet Pg. 185 Attachment: Proposed Governance Manual 11-5-2019 (Governance Manual) ---PAGE BREAK--- 2 TABLE OF CONTENTS – RESOLUTION NO. Table of 2 Section I – 3 Section II - Ethical 3 Personal Financial 3 Limitations on Accepting Contributions…………………………………….. 4 Government Transparency 4 Fair Process 4 Section III – Adoption of 5 Section IV – 5. A. Regular 5 B. Special 5 C. Meetings Held Outside the Boundaries of the County Board of Supervisors Jurisdiction………………………………………… 6 D. Emergency 6 E. Study Sessions/Workshops……………………………………………….. 7 F. Cancellation of 7 Section V – 7 A. 7 B. Submission of Agenda 8 C. Publication and 8 D. Agenda Review 9 E. Addendum to the 9 F. Specific Timeframes for Review of Agenda Items by Outside Departments Prior to Being Placed on the 9 G. Department Head 9 H. Consent 10 I. Matters Not Posted on the 10 Section VI – Order of 10 A. 10 B. Public 11 C. Public 11 D. Public Hearing Procedure 12 E. Closed 12 F. 13 G. Ordinances, Resolutions, Contracts and County Policies……………... 14 1. 14 2. Approval by Department 14 3. Requirements for Passage of Ordinances………………………….. 14 4. Action by the Board of Supervisors…………………………………… 14 H. Rosenberg’s Rules of 15 I. 15 J. Rights and Duties of 15 Section VII – Organization of the 16 A. Selection of Presiding 16 B. Selection of 16 C. Committee 16 Section VIII – Conduct of 16 Section IX – 17 Section X – Duties of Presiding 17 Section XI – 17 Exhibit A – Specific Timeframes for Review of Agenda Items by Outside Departments Prior to Being Placed on the Agenda………………… 19 Exhibit B – Public Hearing Rules and Procedures………………………………….. 20 Exhibit C – Rosenberg’s Rules of Order (Revised 23 9.6.a Packet Pg. 186 Attachment: Proposed Governance Manual 11-5-2019 (Governance Manual) ---PAGE BREAK--- 3 RESOLUTION NO. RESOLUTION OF THE BOARD OF SUPERVISORS, COUNTY OF ALPINE, STATE OF CALIFORNIA ADOPTING A GOVERNANCE MANUAL AND BOARD OF SUPERVISORS OPERATING RULES AND PROCEDURES AND REPEALING RESOLUTION R2010-44 WHEREAS, the Board of Supervisors, County of Alpine, State of California, sees the need to incorporate ethics standards and update the rules and procedures for conduct of their business meetings by amending and incorporating existing resolutions into one document. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of the County of Alpine, State of California, do hereby adopt Resolution R2010-44 is repealed in its entirety. SECTION I – PREFACE This Governance Manual is not intended to serve as an all-inclusive or comprehensive collection of every past or present policy, procedure and practice utilized in the operation of the County of Alpine (“County”). The development of such a document would be well beyond the scope of any single, brief manual. Rather, the objective of this Governance Manual is to provide members of the County’s Board of Supervisors with a handy summary of and reference to the general manner in which the County and its Board of Supervisors does now and should continue to operate. In addition, this manual sets forth a code of conduct and ethical standards applicable to members of the County’s Board of Supervisors. SECTION II – ETHICAL REQUIREMENTS This section is provided as a summary only and not meant to be a full dissertation of the Brown Act or laws governing ethical requirements; Board members should consult County Counsel or their comprehensive training documents if they have questions. PERSONAL FINANCIAL GAIN A. Laws Prohibiting Bribery (Pen. Code § 68). Any employee, elected official or appointee is prohibited from accepting a bribe. Doing so may constitute a felony and is punishable by prison time and fines. B. Conflicts of Interest under the Political Reform Act (Gov. Code 87100, 87103) GC 87100: No government employee, official or appointee shall make, or in any way attempt to use his/her official position to influence a governmental decision in which he/she knows or has reason to know that he/she has any financial interest. GC 87103: No employee, official or appointee shall make a decision with a financial interest if it is reasonable foreseeable that the decision will have a material financial effect on the official, a member of his/her immediate family. C. Contractual Conflicts of Interest (Gov. Code § 1090) No government employee, official or appointee may be financially interested in any contract created by them in their official capacity. Neither will they be purchasers or vendors at any sale made in their official capacity. D. Conflicts of Interest and Campaign Contributions (Gov. Code § 84308) Employees of a government agency shall not receive contributions in excess of $250 during the time that any permit or license is pending approval by said agency. E. Conflicts of Interest When Leaving Office (Gov. Code 87406.3, 87407) 9.6.a Packet Pg. 187 Attachment: Proposed Governance Manual 11-5-2019 (Governance Manual) ---PAGE BREAK--- 4 GC87406.3: For a period of one year after leaving office or employment, no elected official who formerly worked for a government agency shall make an appearance for another person in front of that agency GC 87407: No public official shall make, participate in making or use their official position to influence any governmental decision directly relating to any person with whom he/she is negotiating, or has any arrangements concerning prospective employment. LIMITATIONS ON ACCEPTING CONTRIBUTIONS A. Gov. Code § 86203: Lobbyists are prohibited from making any gift worth upward of $10 in any given month. B. Gov. Code § 89503: No elected official shall accept gifts totaling over $250 from a single source in one calendar year. C. Gov. Code § 89506: Payment from agencies for travel and lodging and food expenses are not considered a gift under Gov. Code 86203, 89503. D. Honoraria Ban (Gov. Code § 89502): No government official shall accept any honorarium. E. Misuse of Public Funds (Pen. Code § 424; Gov. Code § 8314; Fair Political Practices Commission v. Suite (1979) 90 Cal.App.3d 125; Stanson v. Mott (1976) 17 Cal.3d 206: Use of public funds for personal benefit or for the benefit of friends or families is punishable by imprisonment. The official will be disqualified from holding public office in the state. F. Prohibitions Against Gives Gifts of Public Funds (Cal. Const., art XVI, § The legislative body will shall not have the authority or power to give or lend public funds to any person except for a public purpose. G. Mass Mailing Restrictions for Elected Officials (Gov. Code § 89001): No newsletter or mass mailing shall be sent at public expense. H. Prohibition against acceptance of free transportation by transportation companies (Cal. Const., art. XII, § A transportation company may not offer free transportation to any person holding office in California. The acceptance of free transportation will be deemed a forfeiture of office. GOVERNMENT TRANSPARENCY LAWS A. Economic interest disclosure under the Political Reform Act (Gov. Code § 87200): Candidates for government office must file a statement disclosing financial and real property interests. Also a statement of income for the prior 12 months is required. B. Brown Act (Gov. Code § 54950 et seq.): Public agencies exist to serve the people and should conduct their meetings openly. C. Public Records Act (Gov. Code § 6250): Information relating to the conduct of people’s business as produced by any government agency is the people’s right to know. FAIR PROCESS LAWS A. Common Law bias provisions: A decision maker who stands to gain or lose from a decision is disqualified from acting as a decision maker. Breakzone Billirds v. City of Torrance, 81 Cal.App.4th 1205 (2000). B. Due Process Requirement: A hearing officer whose potential future income derives from work that an agency might give based on his or her performance in a hearing at hand is not giving due process. Haas v. County of San Bernardino 27 Cal.4th 1017 (2002). C. Doctrine of Incompatible Offices (Gov. Code § 1099): A government officer may not hold two offices in government that are incompatible. 9.6.a Packet Pg. 188 Attachment: Proposed Governance Manual 11-5-2019 (Governance Manual) ---PAGE BREAK--- 5 D. Competitive Bidding Requirements for Public Contracts: The County shall comply with competitive bidding requirements for all public contracts in accordance with State law or County ordinance. E. AB1234 required that a Supervisor receive ethics training every two years. SECTION III – ADOPTION OF RULES The Board of Supervisors hereby adopts these rules and procedures for the conduct of its business and shall be governed thereby. SECTION IV – MEETINGS A. Regular Meetings The regular meetings of the Board of Supervisors of the County of Alpine, State of California, shall be held on the first and third Tuesday of every month, commencing at the hour of 9:00 a.m., in the Board of Supervisors chambers at the Alpine County Administrative Office BuildingGovernment Center, Markleeville, California, pursuant to Alpine County Code 2.04.010. The Board may change the place for holding one or more regular meetings of the Board to a location within Alpine County other than the Alpine County Administrative Office BuildingGovernment Center provided notice of the location change is posted in a location that is freely accessible to the public no later than the prior regular meeting of the Board. A special or emergency meeting may be held at a location other than the Alpine County Administration OfficeGovernment Center Building provided such location is designated in the special or emergency meeting notice. Regular meetings may be adjourned from time to time to specific locations and to alternative times other than provided herein, as long as such meetings are held within the boundaries of Alpine County and are so noticed on the agenda. Any meetings outside the boundaries of Alpine County must comply with the provisions of California Government Code. In the event the date so set for any regular meeting shall fall upon an approved County Holiday then such regular meeting shall be held on the next business day commencing at the hour set for that meeting. The Board shall not conduct any meeting or hearing in any facility that prohibits the admittance of any person(s) on the basis of race, religion, creed, color, national origin, ancestry, sex, or physical or mental disability. B. Special Meetings A special meeting is a meeting to consider any matter considered to be of immediate importance to the welfare of the County. A special meeting may be called, pursuant to the provisions of Government Code §54956, at any time by the Chair of the Board, or by a majority of the members of the Board, by delivering written notice personally or by any other means to each member of the Board and the Clerk of the Board. The notice of the special meeting shall be given by the Clerk of the Board. Such notice shall be completed at least twenty-four (24) hours before the time of the meeting specified in the notice, and the notice shall specify the time and place of the meeting and the business to be transacted. No other business shall be considered at this 9.6.a Packet Pg. 189 Attachment: Proposed Governance Manual 11-5-2019 (Governance Manual) ---PAGE BREAK--- 6 meeting. The written notice may be dispensed with as to any member who at, or prior to the time the meeting convenes, files with the Clerk of the Board written waiver of the notice and as to any member who is actually present at the meeting at the time it convenes. Notice shall be required pursuant to this section regardless of whether any action is taken at the special meeting. A special meeting notice will be prepared by the Clerk of the Board of any gathering at which County business may be discussed if a quorum of the Board may wish to attend. Notice is not required for the Board’s attendance at purely social events or at conferences open to the general public concerning issues of general interest, or at open and publicized meetings organized by someone not employed by the County to discuss a topic of local concern. Notice to the public shall be posted at least twenty-four (24) hours prior to the special meeting in a location that is freely accessible to members of the public. Public input is allowed at special meetings, but is limited to the topic to be discussed at the special meeting. C. Meetings Held Outside the Boundaries of the County Board of Supervisors Jurisdiction Pursuant to Government Code §54954, regular and special meetings of the legislative body shall be held within the boundaries of the territory over which the lead agency exercises jurisdiction, except to do any of the following: 1. Comply with state or federal law or court order, or attend a judicial or administrative proceeding to which the local agency is a party. 2. Inspect real or personal property which cannot be conveniently brought within the boundaries of the territory provided that the topic of the meeting is limited to items directly related to the real or personal property. 3. Participate in meetings or discussions of multi-agency significance that are outside the boundaries of the local agency’s jurisdiction. Any multi-agency meeting or discussion held shall take place within the jurisdiction of one of the participating local agencies and be noticed by all participating agencies. 4. In case of disaster or emergency, the meetings shall be held for the duration of the emergency at the place designated by the Chair. D. Emergency Meetings An emergency meeting may be called to meet an emergency situation involving matters upon which quick action is necessary due to the disruption or threatened disruption of public facilities. An emergency situation means any of the following: 1. Work stoppage or any other activity which severely impairs public health, safety, or both, as determined by the majority of the members of the Board; or 2. Crippling disaster which severely impairs public health, safety, or both, as determined by the majority of the members of the Board. Media which has requested notice of meetings shall be notified one hour prior to the emergency meeting and all special meeting requirements, except the notice requirement, shall apply. 9.6.a Packet Pg. 190 Attachment: Proposed Governance Manual 11-5-2019 (Governance Manual) ---PAGE BREAK--- 7 E. Study Sessions/Workshops From time to time the Board may meet in study sessions or workshops at a time and place designated by the Chair of the Board. Such study session or workshop shall be noticed to the public as regular or special board meeting and will be open to the public. Study or workshop sessions shall be devoted to matters regarding which the interchange of information preliminary to a regular meeting is deemed to be essential. No official action or formal vote may be taken at such sessions or workshops. Board members, however, may express their opinions on any matter under discussion. F. Cancellation of Meetings The Chair, the Vice Chair, or any attending member of the Board of Supervisors may cancel a meeting due to a lack of a quorum. Upon cancellation, the Clerk of the Board will provide notice and posting of such cancellation in as timely a manner as is reasonable under the circumstances. SECTION V – AGENDAS A. Preparation The agenda for each Board meeting shall be prepared by the Clerk of the Board and shall include all matters that come before the Board in the ordinary course of business or which are placed upon the agenda by direction of the Board, the Chair, department heads, county counsel or the Board’s administrative staff. A department head may with the written approval of the County Administrative Officer delegate the responsibility to submit agenda items to a deputy department head/director or undersheriff. In the absence of a County Administrative Officer the Chair of the Board may provide the written approval. Whenever the department head receives such approval to delegate submission of an agenda item, the department head will be presumed to have approved and have knowledge of the agenda transmittal and will be held responsible for any recommendation to the Board. Requests for action by the Board from outside agencies or members of the public shall be submitted in writing and may be referred by the Clerk of the Board to that entity or person’s supervisor, the Chair of the Board, or the appropriate department director, elected official or the Board’s administrative staff for placement and preparation of an agenda transmittal before being placed on the agenda for discussion. Any citizen may contact any supervisor, preferably their district supervisor, to request or suggest that a matter be placed on an agenda and such requests shall be responded to at the supervisor’s discretion. Items initiated by members of the Board of Supervisors may be submitted by the County Administrative Officer. Backup documentation and/or sufficient supporting material or summary of the matter, including proposed ordinances, resolutions, proclamations, petitions and other documents or copies thereof, to be considered or adopted by the Board shall be furnished to the Clerk of the Board at the time the matter is placed on the agenda. Each item must be accompanied by a separate, completed agenda transmittal (request) form and any supporting material. The agenda request shall include a description of the proposed action to be considered, background, procedural history, options or alternatives for the Board, and recommendations. The agenda transmittal shall be drafted objectively and avoid personal information. Backup documents shall be available for examination by members of the Board and public at the time the agenda is published. Requests for purchase expenditures shall be supported by background budget information, as necessary. 9.6.a Packet Pg. 191 Attachment: Proposed Governance Manual 11-5-2019 (Governance Manual) ---PAGE BREAK--- 8 Board agenda packets shall be provided to each Board member, the Board’s administrative staff, county counsel, and a complete Board agenda packet shall be available for the public (placed on the Clerk’s counter). Other interested parties may view the agenda packet on the County website or may obtain an agenda packet through the Clerk’s office for a subscription fee as determined by the County Clerk’s Fee Schedule. Items submitted without sufficient supporting material may be withdrawn from the agenda; however, such items may be continued by the Board at the time of the hearing if sufficient material has not been submitted or if further documentation or staff development is requested. Supporting documents must be submitted at least 72 hours prior to the meeting to be considered by the Board or the item will be continued to the next meeting. Citizens and interested parties are encouraged to write to the Board of Supervisors concerning County issues and items listed on a meeting agenda. When written communications addressed to the Board of Supervisors are received, the Clerk shall copy the document for each supervisor and, if appropriate, for specific department staff. Written communications received for a specific item will be marked with the appropriate agenda item number, and be copied to each supervisor, the county administrative officer, county counsel, the public packet and appropriate department staff. When the agenda item is discussed, the Chair of the Board shall note the communication was received after the agenda packet was published and it will be made part of the agenda packet. B. Submission of Agenda Items The deadline to place an item on the agenda for the Regular Board Meeting is Thursday at 3:00 p.m., which shall be the Thursday at least twelve (12) days before the Regular Meeting. In the event that the Thursday falls on a designated County holiday, the deadline shall be the Wednesday before the regular Thursday deadline at 3:00 p.m. Any request that a specific item be assigned a time certain for hearing must be requested by the submitting party at the time that the agenda item is submitted. An agenda of any special meeting must be posted at least twenty-four (24) hours prior to the special meeting and must specify the time and location of the meeting. Action may be taken only on posted items. Elected Officials and Department Heads may place items on the agendas. A member of the public wishing to place an item on the agenda may address the Board during Public Comment Period and ask that they agendize the topic; work with the department responsible for the subject matter of the item and get them to sponsor the item; work with a member of the Board and get them to sponsor the item. C. Publication and Posting A printed agenda of the regular meeting shall be posted at least seventy-two (72) hours before the regular meeting, and shall contain a brief general description of the subject matter of each item of business. The agenda shall specify the time and location of the regular meeting and shall be posted in a location that is freely accessible to members of the public. 9.6.a Packet Pg. 192 Attachment: Proposed Governance Manual 11-5-2019 (Governance Manual) ---PAGE BREAK--- 9 Timed items may be requested by the submitter and agreed upon by the Agenda Review Committee. D. Agenda Review Process The proper preparation and submittal of agenda items assists the Board in its ability to fully review items prior to the meetings, makes certain that items before the Board have been reviewed by the involved departments, and ensures that the Board’s conduct of business is in compliance with all applicable laws and regulations. On the Tuesday prior to the next Board of Supervisors’ meeting, at 11:00 a.m., or at such time as is reasonably practical, the Clerk of the Board shall prepare the draft agenda for review by the Board’s Agenda Review Committee. Said committee will consist of the Chair of the Board, Clerk of the Board, the County Administrative Officer, County Counsel and the Auditor. The proposed agenda items will be reviewed for compliance with local administrative rules, form, legal effect, and financial impact. In the event that the Tuesday falls on a designated County holiday, the agenda review deadline shall be continued to Wednesday at 11:00 a.m. Absent an emergency, items for which the requisite information or supporting documentation is not timely submitted may be removed from the draft agenda by consensus of the Agenda Review Committee. In such case, the respective department head will be notified either by telephone or in written communication and provided an opportunity to remedy the situation and allowing the item to be replaced by producing the materials or information lacking, or an explanation acceptable to the designee of the Agenda Review Committee. E. Addendum to the Agenda Items that have been submitted to the Agenda Review Committee, are urgent and cannot be placed on a subsequent Board agenda or have been pulled from the draft agenda during Agenda Review may be placed on an Addendum to the Agenda for the same meeting, provided the department is able to provide the missing or required information or documentation by the Thursday preceding the next regular meeting at 2:00 p.m. and the Clerk is able to post the agenda 72 hours prior to the meeting. F. Specific Timeframes for Review of Agenda Items by Outside Departments Prior to Being Placed on the Agenda Certain items require special review and processing before being placed on the agenda. Refer to Exhibit Specific Timeframes for Review of Agenda Items by Outside Departments Prior to Being Placed on the Agenda. G. Department Head Meetings Department heads shall attend department head meetings as required by the CAO to discuss county business and prospective or follow up on agenda issues. If a department head is unavailable a deputy department head/director or undersheriff may attend the department head meeting in lieu of the department head. If a department head is absent, he or she is responsible for reviewing the minutes and obtaining the documents or the information provided at the meeting. An agenda item that requires the review or coordination with another department or the recommendation or approval from another department, will not be placed on the agenda unless all affected departments have confirmed their review of the item. To the greatest degree possible, department heads are encouraged to use the 9.6.a Packet Pg. 193 Attachment: Proposed Governance Manual 11-5-2019 (Governance Manual) ---PAGE BREAK--- 10 Department Director meetings as a forum for discussing and resolving matters with multi-agency impact or effect, and preparation of joint agenda items. H. Consent Agenda Items may be placed on the consent agenda upon the recommendation of the submitting party or direction of the Chair of the Board, consistent with the requirements provided above. Items placed on the consent agenda should be matters of a routine, non-controversial nature, which are not likely to require further discussion and are likely to be acted upon by a single, unanimous vote of the Board. Prior to the approval of the consent agenda, in open meeting and at the request of any Board member, appropriate staff or the initiating party, any item may be removed from the consent agenda to be considered separately by the Board as provided by these rules and procedures. Prior to approval of the consent agenda, the Chair of the Board will announce that comments or questions will be taken on consent items from members of the public, staff or the Board, when the comment does not necessitate the removal of the item for separate action. Following consent agenda comments, the Chair of the Board will ask if there are items to be pulled from the consent agenda to be discussed and considered under separate motion. Members of the public may request Board members, county counsel or the county administrative officer to pull an item prior to consideration of the consent agenda, which request shall not be unreasonably denied. I. Matters Not Posted on the Agenda No action may be taken on any item not appearing on the posted agenda except as follows: 1. Upon determination by a majority vote of the Board that an emergency situation exists, as defined by Government Code 54956.5; 2. Upon determination by a four-fifths (4/5) vote of the Board, or, if less than the full Board is present, a unanimous vote of those members present that the need to take action arose subsequent to the agenda being posted; or 3. The item had been previously posted as required for a meeting occurring not more than five calendar days prior to the meeting and the item had been continued to this meeting. SECTION VI – ORDER OF BUSINESS A. General All meetings of the Board shall be conducted in accordance and in compliance with the Ralph M Brown Act. At the time set for the commencement of each regular meeting, the Board members, Clerk of the Board, County Counsel and such officers and employees as have been requested to be present at such time, shall be present in the Board chambers. Upon notification by the Clerk, any officer or employee other than members of the Board, the Clerk and County Counsel, may be directed to appear in Board chambers at a time other than the time set for commencement of the meeting. 9.6.a Packet Pg. 194 Attachment: Proposed Governance Manual 11-5-2019 (Governance Manual) ---PAGE BREAK--- 11 So far as is practical, unless otherwise altered by the Chair of the Board, the order of business for regular meetings of the Board shall be transacted in the following order: 1. Call to Order Regular meeting. (9:00 a.m.) 2. Open Session – Pledge of Allegiance 3. Oral Communications – General Public Comment 4. Department Announcements 5. Administrative Announcements 4.6. 5.7. Board Members Announcements or Reports 6.8. Consent Agenda 7.9. Public Hearings (10:00 a.m.) 8.10. Regular Agenda - Unfinished Business 9.11. Regular Agenda – New Business 10.1. Administrative Announcements 11.12. Adjourn to any of the following agencies for which the Board of Supervisors sits as officers: Board of Equalization; Local Transportation Commission; or Water Agency as necessary 12.13. Closed Session as necessary 13.14. Adjournment Items on the agenda shall be considered in order, except that the Chair may take items out of order when necessary to accommodate persons appearing before the County. Items scheduled for a particular time shall be taken up as close to the designated time as is possible. In no case shall a timed item be taken up before the designated time. B. Public Comment The agenda shall provide an opportunity for members of the public to directly address the Board on items of interest under Oral Communications – General Public Comment. Each member of the public who wishes to address the Board shall be allotted three minutes and no more than three individuals shall address the same subject. Time permitting, at the discretion of the Chair, time allotted may be increased or decreased depending on the number of speakers and available time. Persons making comments at meetings of the Board of Supervisors shall first be recognized by the Chair and requested to identify themselves before speaking. Such persons should stand at a microphone during the comment period, unless invited to do otherwise by the Chair. Board members may briefly respond to matters raised by the public and may take action to direct an item be placed on a future agenda. During Public Comment, remarks shall be directed to the Board as a whole, not to individual Board members and not to the audience. Although the Board welcomes public testimony, persons in the audience shall not vocally express support or opposition to statements by supervisors or by persons testifying. The public is also allowed the opportunity for input on specific items that are being considered by the Board on the regular agenda. The same time allotment under public comment applies. C. Public Hearings 9.6.a Packet Pg. 195 Attachment: Proposed Governance Manual 11-5-2019 (Governance Manual) ---PAGE BREAK--- 12 Public hearings will be set at 10:00 a.m., unless otherwise scheduled by the Board of Supervisors. Public hearings shall be declared open by the presiding officer at the time fixed therefore in the published notice. They shall be closed by the presiding officer after he or she has determined that the positions of all interested parties have been heard. D. Public Hearing Procedure: The matter set for public hearing shall be announced by the Chair at the time set for commencement of the hearing. Refer to Exhibit the staff report, if any, is given including recommended environmental action and, if appropriate, recommended conditions for approval. The Chair will acknowledge receipt of any documents offered as evidence and filed with the Clerk prior to the hearing. Proponents shall be given a reasonable opportunity to present evidence, both oral and documentary; opponents shall be given a reasonable opportunity to present evidence, both oral and documentary. The Chair may allow any rebuttal and surrebuttal evidence as is reasonable, and may preclude repetitious evidence. After all individuals have had a reasonable opportunity to present such evidence, the Chair shall close the public testimony phase of the hearing. The Board shall then consider the matter and render its decision or the Board may take the item under consideration for a decision at a later date. If a motion for disposition is made, there may be discussion by the Board on the motion, and the Board shall take action, including findings, if necessary. The Chair shall announce the final action of the Board. Please refer to Exhibit Public Hearing Rules and Procedures. A “Notice of Public Hearing” shall be posted at the County Administrative OfficeGovernment Center and in at least three prominent public posting places prior to the public hearing, as provided by law. Emergency public hearings or public hearings called for a special meeting of the Board of Supervisors shall be noticed at least twenty-four (24) hours prior to the meeting by posting at the County Administrative OfficesGovernment Center and in at least three prominent public posting places within the County. Whenever the Board sets a matter for public hearing and it is anticipated that attendance will be substantially greater than the capacity of the Board chamber, or the issue is of specific interest to a particular geographical area within the County, then the Board may direct that arrangements be made for the use of a suitable alternate facility for such hearing. If a suitable alternate facility is not available, the public hearing may be continued to a date when a suitable alternate facility will be available. Any matter set for public hearing may be continued from time to time either before or after the public hearing has been closed. E. Closed Session Closed sessions may be scheduled in accordance with the provisions of the Government Code prior to commencement of the regular public meeting, as needed. Closed sessions shall be restricted to discussion as provided in Government Code Section 54956.8 – 54969. Those activities currently permissible include:  License/Permit Determination  Conference with Real Property Negotiators 9.6.a Packet Pg. 196 Attachment: Proposed Governance Manual 11-5-2019 (Governance Manual) ---PAGE BREAK--- 13  Conference with Legal Counsel – Existing Litigation  Conference with Legal Counsel – Anticipated Litigation  Conference with Legal Counsel – Initiation of Litigation  Liability Claims  Threat to Public Services or Facilities  Public Employee Appointment  Public Employment  Public Employee Performance Evaluation  Public Employee Discipline/Dismissal/Release  Conference with Labor Negotiators  Case Review Planning  Report Involving Trade Secret  Hearings  Charge or Complaint Involving Information Protected by Federal Law  Conference Involving Joint Powers Authority  Audit by California State Auditor’s Office Following a closed session, the Board shall publicly report at the same meeting or after agendizing the matter at a subsequent public meeting, any action taken in closed session and the vote or abstention of every member present to the extent required by law. The report of the vote on an issued decided in closed session shall be made publicly at a regular session. F. Minutes The minutes of the meeting shall be kept by the Clerk of the Board. The minutes shall contain a record of each item of business transacted, set off in paragraphs with proper subheadings, and such written minutes shall be the official minutes of this Board. The Clerk of the Board shall be required to record those matters which were voted upon by the Board. The proceedings of all board meetings shall be electronically recorded. Such recordings shall be in the nature of a stenographic aid to the Clerk of the Board. Any recording of an open and public meeting made at the direction of the Board of Supervisors shall be subject to inspection pursuant to the California Public Records Act. Retention of minutes and recordings shall be determined per the General Records Retention and Disposition Schedule for Alpine County, California as adopted by ordinance or resolution from time to time. As soon as possible after each Board meeting, the Clerk of the Board shall cause a copy of the minutes to be forwarded to each Board member, department head upon request, and any other person designated by the Board. Unless the reading of the minutes is requested by a Board member, the minutes may be approved without reading, provided the Clerk of the Board has previously provided each Board member with a copy. Minutes of any emergency meeting, a list of persons notified or attempted notification, and any action taken at the meeting including roll call vote, shall be posted for a minimum of ten (10) days in a public place as soon after the meeting as possible. 9.6.a Packet Pg. 197 Attachment: Proposed Governance Manual 11-5-2019 (Governance Manual) ---PAGE BREAK--- 14 G. Ordinances, Resolutions, Contracts and County Policies 1. Preparation Proposed ordinances, resolutions, contracts, agreements, County policies and like documents shall be prepared by the concerned department head, a designated representative, or by any initiator of said document. Proposed ordinances, resolutions, contracts, agreements, County policies and like documents initiated by the Board of Supervisors shall be prepared by County Counsel, unless otherwise specified by the Board of Supervisors in its discretion upon recommendation of the County Counsel. All proposed ordinances, resolutions, contracts, agreements, County policies and like documents shall be copied by the initiator to County Counsel for review as to legality and form when it is presented to the Clerk of the Board Thursday at 3:00 p.m., which shall be the Thursday at least twelve (12) days before the Regular Meeting. In the event that the Thursday falls on a designated County holiday, the deadline shall be the Wednesday before the regular Thursday deadline at 3:00 p.m., unless such time requirement is waived on specific instances by a majority vote of the Board. No such document shall be voted upon unless it has first been reviewed as to legality and form by County Counsel. All ordinance summaries must be given to the Clerk of the Board no later than fifteen (15) days prior to the Board of Supervisors meeting to provide time to post the required Public Hearing Notice. 2. Approval by Department Heads All documents described above shall, before presentation to the Board, be referred to the head or heads of the department under whose jurisdiction the administration of the subject matter of the ordinance, resolution, contract or agreement would devolve for his or her approval. Once such document has been cleared by the affected department head or heads, it shall be submitted to County Counsel for approval as to form, prior to the Board agenda deadline. Unless it is an urgency item, in which case County Counsel will review after the meeting. 3. Requirements for Passage of Ordinances Ordinances shall not be passed within five days of their introduction or at other than a regular or at an adjourned regular meeting. However, an urgency ordinance may be passed immediately upon introduction, and either at a regular or special meeting, except when, after reading the title, further reading is waived by a regular motion adopted by majority vote. When ordinances, other than urgency ordinances, are altered after time of introduction, they shall be passed only at a regular or adjourned meeting held at least five days after alteration. Corrections or typographical errors are not alterations within the meaning of this section. This section shall not apply to ordinances which by statute can be passed only after a notice and public hearing (GC §25131). 4. Action by the Board of Supervisors Ordinances, resolutions and other matters requiring action of the Board of Supervisors must be introduced and sponsored by a member of the Board by motion, and be seconded by another Board member. The Chair of the Board is 9.6.a Packet Pg. 198 Attachment: Proposed Governance Manual 11-5-2019 (Governance Manual) ---PAGE BREAK--- 15 specifically empowered to make and second motions. Once a motion has been made, no discussion thereof shall be permitted unless and until it has been seconded and restated by the presiding officer, or at his or her discretion, the Clerk of the Board. A voice vote shall be held on all issues, including ordinances and resolutions, unless a polled vote is requested by any member. After the motion has been voted upon, there shall be no further discussion on the question except that the Board members may, with permission of the presiding officer, explain their reasons for voting as they did. A Board member may abstain on any matter. Such abstention shall be considered as a non-vote and shall not be counted as either a negative or affirmative vote. H. Rosenberg’s Rules of Order Except as otherwise provided in these Rules, the most current edition of Rosenberg’s Rules of Order (Exhibit incorporated by reference) shall constitute the rules of order of the Board. The following rules apply to the special actions described and take precedence over Rosenberg’s Rules of Order to the extent they differ in text or application. 1. Motion to Reconsider A motion to reconsider an item upon which the Board has acted may only be made at the meeting in which the action was taken. Such motion may only be made by a Supervisor who voted on the prevailing side on the question. Adjournment of the meeting effectively extinguishes a Supervisor’s opportunity to move for reconsideration of any item on that specific agenda 2. Motion to Rescind A motion to rescind any action of the Board may be made by any supervisor Supervisor at any time. The grounds for such motion are limited to an error in the adoption of the item either through rule violation or procedural mistakes. The motion may be made to rescind an item on further grounds that the facts underlying the Supervisor’s decision were misrepresented or determined later to be incorrect, or that later circumstances make it apparent that such action would be in the best interest of the County. I. Voting The Board shall take no action except upon the affirmative vote of at least three Supervisors unless otherwise provided by law, ordinance or these rules. Unless disqualified or absent, all Supervisors shall vote on all questions coming before the Board. Whenever a roll call vote is requested, the Board Clerk shall call the name of a Supervisor and record the vote of that Supervisor. Consensus/direction does not require a roll call vote. J. Rights and Duties of Supervisors 1. When a Supervisor desires to speak, he or she shall address the Chair and be acknowledged. When two or more Supervisors address the Chair at the same time, the Chair shall designate the Supervisor who will speak first. All Supervisors shall confine their remarks to the question then under consideration. 9.6.a Packet Pg. 199 Attachment: Proposed Governance Manual 11-5-2019 (Governance Manual) ---PAGE BREAK--- 16 2. Every motion shall require a second. Discussion on a motion shall not be permitted until the motion receives a second. Motions and seconds may be made by any member of the Board, including the Chair. 3. If any Supervisor is unable to attend a meeting, he or she shall notify the Board clerk Clerk as soon as possible and advise the Board Clerk of the reasons therefore. 4. If in a Supervisor’s absence, the Board would lack a quorum, no Supervisor shall leave his or her seat on the dais without first obtaining permission from the Chair. 5. No Board member shall attend a committee/commission or other meeting where they have not been appointed through the committee assignments process that happens the first meeting in January. The exception is when a Board member has been appointed as the alternate and they are requested to attend by the appointed member due to the member’s inability to attend the meeting. 6. Individual Supervisors may not direct staff or County Counsel to initiate any proposed action, ordinance, resolution or policy except in a Board or committee/commission meeting with a majority vote or consensus in favor. This is not intended to discourage Supervisors from having discussions with staff or County Counsel on issues of concern to the Supervisor K. Committee Appointments 1. Appointment of the Board members to standing committees will be made at the first meeting of the calendar year. In addition to standing committee appointment, the Chair of the Board may appoint official representatives of the County for various purposes, such as meetings and official functions, on an as-needed basis. 2. No Board member shall attend a committee/commission or other meeting where they have not been appointed through the committee assignments process that happens the first meeting in January. The exception is when a Board member has been appointed as the alternate and they are requested to attend by the appointed member due to the member’s inability to attend the meeting. Supervisors shall be paid travel expenses only for the committee/commission they are appointed, according to the adopted Alpine County Travel Policy. 3. All Board members may attend and be paid travel expenses to the annual conference of the California State Association of Counties (CSAC) and the annual conference of the Rural County Representatives (RCRC) of California. 4. Supervisors Elect may attend the California State Association of Counties annual conference prior to taking office. SECTION VII – ORGANIZATION OF THE BOARD A. Selection of Presiding Officer At the first regular meeting of each calendar year, it is customary that the Supervisor who served as Vice-Chair during the preceding calendar year shall be seated as Chair. The Chair shall hold office for one year and until the qualification of his or her successor. No member shall serve two consecutive terms as Chair unless the other Board members decline the position. If for any reason the Vice-Chair is unable to be Chair, the Supervisor who was next in order to be Vice-Chair during the preceding year shall be Chair, provided that no Supervisor shall be Chair who has not completed one year of service on the Board. The Chair shall be the presiding officer of the Board and shall have all lawful authority to preserve order at all meetings. B. Selection of Vice-Chair 9.6.a Packet Pg. 200 Attachment: Proposed Governance Manual 11-5-2019 (Governance Manual) ---PAGE BREAK--- 17 It is customary that theThe Vice-Chair shall be selected by rotation. If for any reason a Supervisor is unable to serve when it is his or her turn, the Supervisor shall be skipped and the office shall fall on the Supervisor next in order. The Vice-Chair shall be seated at the first regular meeting of each calendar year and shall hold office for one year and until qualification of his or her successor, provided that no Supervisor shall serve as Vice-Chair who has not completed one year of service on the Board. The Vice-Chair shall, in the absence of the Chair, have and perform all powers and duties of the Chair. Initially, the rotation of the Vice-Chair shall be determined by lottery. C. Committee Appointments Appointment of the Board members to standing committees will be made at the first meeting of the calendar year. In addition to standing committee appointment, the Chair of the Board may appoint official representatives of the County for various purposes, such as meetings and official functions, on an as-needed basis. SECTION VIII - CONDUCT OF BUSINESS At the time fixed for public hearings or when any subject or question is presented to the Board and before any motion is made with respect there to, the presiding officer shall inquire whether there are any persons present who desire to speak upon the subject. Any such person shall then be permitted to speak, upon stating his or her name and place of residence or agency to the Clerk of the Board. All remarks shall be addressed to the Board as a body and not to any member thereof in particular, except with the permission of the presiding officer. Members of the Board desiring to address another member of the Board, or a member of the public, shall only do so upon recognition by the presiding officer. The period of time during which a member of the public may be allowed to speak shall be reasonable and shall be determined by the presiding officer. A majority vote of the Board may override such determination of the presiding officer. It is the policy of the Alpine County Board of Supervisors to encourage and permit public testimony before every ordinance, resolution or matter before the Board is acted on by the Board. SECTION IX - DECORUM While the Board is in session, all persons shall preserve order and decorum. SECTION X - DUTIES OF PRESIDING OFFICER The presiding officer shall preserve strict order and decorum at all meetings of the Board. He or she shall state every question coming before the Board, announce the decision of the Board on each subject and decide all questions of order; subject, however, to an appeal to the Board, in which event a majority vote of the Board shall govern and conclusively determine such question of order or procedure. In making determinations of order and procedure the presiding officer may refer to Rosenberg’s Rules of Order and/or may consult with County Counsel. His or her name shall be called last on any question being voted upon. The presiding officer shall also serve as the chair of the Local 9.6.a Packet Pg. 201 Attachment: Proposed Governance Manual 11-5-2019 (Governance Manual) ---PAGE BREAK--- 18 transportation Commission, the County Board of Equalization and the County Water Agency, when such bodies are called into session. SECTION X1 - ADJOURNMENT It is the policy of the Board that all regular and adjourned meetings commence at 9:00 a.m., as provided above, and be adjourned upon completion of all business. Study sessions shall be held according to the same schedule unless otherwise provided in the notice of such meeting. These times shall be the normal times for commencing and adjourning Board meetings. In the event it appears that the entire agenda cannot be completed by a reasonable time, the Board may take up the more pressing items on the agenda. All agenda items not considered at the meeting shall be placed upon the agenda of the next regular meeting unless the Board shall direct otherwise by adjourning the meeting to a later date. PASSED and ADOPTED this 15th day of July, by the following vote: AYES: NOES: ABSENT: Donald M. JardineDavid Griffith, Chair, Board of Supervisors, County of Alpine, State of California ATTEST: APPROVED AS TO FORM: Barbara HowardTeola Tremayne, County Clerk David A. PrenticeMargaret Long, County Counsel & Ex Officio Clerk to the Board of Supervisors, By: Teola TremaynePatricia Griffin, Assistant County Clerk 9.6.a Packet Pg. 202 Attachment: Proposed Governance Manual 11-5-2019 (Governance Manual) ---PAGE BREAK--- 19 EXHIBIT A SPECIFIC TIMEFRAMES FOR REVIEW OF AGENDA ITEMS BY OUTSIDE DEPARTMENTS PRIOR TO BEING PLACED ON THE AGENDA A. Human Resources: For normal, non-controversial personnel actions please provide one week for the department to review the item prior to its placement on the agenda. If the item involves more complex issues, such as departmental reorganization, additional time will be needed. When presenting the proposed agenda item to HR, please present the specific item that will be presented to the Board of Supervisors and any additional information which may be necessary to evaluate the agenda request. The fiscal impact of any proposed personnel action must be included in the agenda report and reviewed by the Auditor as well. B. Auditor and TreasurerFinance: All matters of fiscal or budgetary nature must be submitted to the Auditor and TreasurerFinance at least one week prior to the agenda deadline to review the item. 1. Grants: Provide copy of the grant application, grant guidelines, and supplemental budget adjustments for any departments affected by the grant. This information should be presented to the Auditor’s office at least the Wednesday prior to the agenda deadline. 2. Other agenda items: Other agenda items, such as supplemental budget requests, appropriation or contingency transfers, must be presented to the Auditor’s office by the Wednesday prior to the Thursday agenda deadline. C. County Counsel: Any contracts, agreements, MOUs, intergovernmental agreements, leases, ordinances, resolutions or other such items requiring County Counsel’s review must be presented at least two weeks prior to the agenda deadline. Please indicate if the agenda item is time sensitive or needed for a specific Board date. Also, please indicate any specific legal questions or issues that you wish addressed in the review. Once approved by County Counsel, draft agenda items should not be further modified prior to placement on the agenda. D. Purchasing Agent: Any RFP, RFQ, bid document or proposed purchase should be reviewed with the County purchasing agent at least one week prior to placement on the Board’s agenda. Coordination with the purchasing agent will assist in writing, advertising, mailing and receiving formal bids; expediting procurement of goods and services in compliance with local and state purchasing requirements; analyzing bid results; and drafting/reviewing contracts or the Board report. (See Alpine County Code Chapter 2.32 Purchasing Agent and Purchasing) 9.6.a Packet Pg. 203 Attachment: Proposed Governance Manual 11-5-2019 (Governance Manual) ---PAGE BREAK--- 20 EXHIBIT B PUBLIC HEARING RULES AND PROCEDURES The purpose of a public hearing is to give everyone the opportunity to express their views and to provide evidence in support of those views. Those opinions and evidence create part of the record, which the Board relies on for its findings, conclusions and decisions. An Agenda may be established for each hearing. The Board will follow the Order of Business on the Agenda unless the Chair, Subject to the Board’s concurrence changes the Agenda. TYPES OF PUBLIC HEARINGS Public hearings can generally be classified as either Quasi-Judicial or Legislative. QUASI-JUDICIAL matters usually involve the property rights of a limited number of individuals and involve distinct proponents or opponents. These types of hearings are subject to stricter procedural standards than legislative matters. Examples are subdivisions and changes of zoning. LEGISLATIVE matters usually involve issues of Community-wide scope. Examples are changes to ordinances. Legislative decisions are not subject to findings and order. HEARING PROCEDURES These procedures apply to public hearings: The Chair of the Board presides over the hearing and will call the meeting to order and introduce each new item of business. This Chair of the Board has the authority to take any necessary measures to control the hearing, to include closing the meeting, clearing the hearing room and calling the public in one at a time to testify. County Staff will introduce the parties. Members of the Board may ask questions of the Staff. TESTIMONY Anyone wishing to testify must sign in on a comment sheet and turn it in to the Chair or his/her designee. All testimony before the Board must be given from the podium so that a record may be made. Spontaneous comments from the floor are not permitted. Persons testifying are required requested to state their name and address for the record and be recognized by the Chair before speaking. Persons testifying will be asked by the Chair to affirm that their testimony is complete and truthful. The hearing is recorded and the Chair will allow only one person at a time to speak. Discussion debate and argument among the speaker and the audience is not permitted. A member of the public is not permitted to speak unless recognized by the Chair and testifying at the podium. 9.6.a Packet Pg. 204 Attachment: Proposed Governance Manual 11-5-2019 (Governance Manual) ---PAGE BREAK--- 21 Persons testifying must speak clearly into the microphone and direct comments to the Board and not the public. Board members may ask questions of the person testifying during the public hearing only when recognized by the Chair. Members are not to argue or debate the merits of the item and should avoid expressing personal opinions or positions until after the hearing is closed. Any exhibits which are presented to the Board will be marked by the Chair or his/her designee and retained for the record. BACKGROUND INFORMATION: County staff will provide to the Board the procedural and factual background relevant to the hearing and the issues to be determined. APPLICANT: The party filing the application will be given a suitable time period to present their view, generally 10 to 15 minutes. IN SUPPORT/NEUTRAL/OPPOSED: Persons in support/neutral/opposed to the application will be given a suitable time period to present testimony, generally 3 minutes. The Board may hear all of the testimony in support, in neutral then all in opposition or may alternate. Time limits for individual public testimony is generally 3 minutes but may be adjusted by the Board depending upon the number of persons testifying and the available time. REBUTTAL: The Applicant will be given a suitable time period to rebut testimony presented, generally 5 to 10 minutes. STAFF REPORT: County staff may make recommendations for findings in a staff report. The Board may adopt, amend or modify these findings. The staff report should contain appropriate information, policies and regulations governing the decision. The Board may ask questions during the presentation. Questions to the Applicant from the public must be addressed to the Board. The Board will determine whether to ask the question of the Applicant. BOARD DECISIONS AND DELIBERATIONS After closing public testimony, the Board will discuss the issue and may question the Staff or the Applicant. Further public testimony will not be received unless the Board votes to re open the public testimony. If the decision is adjudicatory then the Board shall make findings with each finding supported by a description of the evidence. Findings must contain facts and not simply conclusions. Evidence and findings may be taken from sources including information presented to the Board, facts elicited during deliberation, documents in the record, staff reports and presentations by staff and others. Guidelines for Considering Evidence and Making Findings of Fact  A finding of fact is a determination by the Board supported by evidence in the record 9.6.a Packet Pg. 205 Attachment: Proposed Governance Manual 11-5-2019 (Governance Manual) ---PAGE BREAK--- 22  Evidence in the record means that a reasonable inference can be drawn by the Board based on facts presented at the hearing in the form of testimony documents, records or exhibits.  Factual Findings are based on relevant facts which means that the fact tends to prove or disprove an issue connected to the application  Factual Findings are based on facts which are significant to the application  Factual Findings are not based on assumptions or conclusions or information received from a source other than at the hearing. The Board's action must state whether the application is denied, granted or whether any conditions are attached to the decision or recommendation. The Board may continue the hearing to allow for additional testimony or evidence, or tentatively approve or deny the appeal and continue the hearing to a specific date. The Board may also postpone a final decision for a period of time to prepare accurate findings consistent with the Board's tentative decision. THE MOTION: The recommendation, findings and/or decision is adopted by way of a motion which may be issued immediately following the discussion or it may be issued at a later date. THE VOTE: The Board votes on the motion. The vote may be by roll call or, at the discretion of the Chair, by voice vote. RULES FOR SUBMITTING EXHIBITS All exhibits, such as photographs, maps, videos, slides, drawings or charts, which are presented to the Board, will be identified and marked by the Chair or his/her designee and retained for the record. ALL EXHIBITS SHALL INCLUDE THE FOLLOWING:  The name of the person submitting the exhibit.  The name of the person who took the pictures, slides, etc. or who created the chart or drawing.  If the exhibit consists of pictures, slides or videos, the date they were taken.  A key mapping the location or meaning of each picture, slice, etc. These rules are designed to ensure a fair and orderly decision-making process and to promote public participation in the land use and other decisions rendered by the County of Alpine. 9.6.a Packet Pg. 206 Attachment: Proposed Governance Manual 11-5-2019 (Governance Manual) ---PAGE BREAK--- 23 EXHIBIT C 9.6.a Packet Pg. 207 Attachment: Proposed Governance Manual 11-5-2019 (Governance Manual) ---PAGE BREAK--- AGENDA TRANSMITTAL TO: Board of Supervisors FROM: Gail St.James, Behavioral Health Director DATE OF MEETING: November 5, 2019 PREPARED BY: Teri McAlpin, Administrative Assistant III TITLE: Request approval of transfer of funds from 377-59500-952 (Community Services and Supports "CSS" under the Mental Health Services Act "MHSA" transfer out) and 517-59500-952 (Mental Health 1991 Realignment transfer out) into 268-38104-000 (MHSA Capital Facility transfer in) in the total amount of $490,000. Authorize the Finance Department to increase the appropriation of 268-38104- 000 by $490,000. (Requires 4/5 vote) SUMMARY: This is will be the final transfer of funds into the MHSA Capital Facility budget to complete the new Behavioral Health Services building to pay for final expenses and incidental unplanned expenses. RECOMMENDED ACTION: Approve the request to transfer Community Services and Supports funds from 377-59500-952 in the amount of $290,000, and realignment funds from 517-59500-952 in the amount of $200,000 to 268-38104-000 in the amount of $490,000; then to approve the transfer request. ISSUE STATEMENT AND DISCUSSION: Due to unanticipated expenses, Behavioral Health Services requests to appropriate adequate funding from the FY 19/20 allocation of CSS funds and 1991 Realignment funds to pay for final expenses and unexpected expenses to complete the new Behavioral Health Services building at 40 Diamond Valley Road, Markleeville, CA. This will be the last transfer to complete the new building. FISCAL IMPACT: 1) Budgeted Current Fiscal Year 2) Total Anticipated Cost Current Year 3) Total Anticipated Cost Annual Year (Not Applicable) $0.00 $490,000 $490,000 SOURCE Unanticipated Revenue From Contingency Other: $0.00 $0.00 $0.00 FUNDING SOURCE: 377 – Mental Health Services Act Community Services and Supports 517 – Mental Health 1991 Realignment INSTRUCTIONS TO CLERK: 9.7 Packet Pg. 208 ---PAGE BREAK--- AGENDA TRANSMITTAL TO: Board of Supervisors FROM: Margaret Long, Deputy County Counsel DATE OF MEETING: November 5, 2019 PREPARED BY: Michelle Beckwith, Administrative Assistant TITLE: Conference with Legal Counsel pursuant to Government Code § 54956.9 -Initiation of Litigation 1 Case SUMMARY: RECOMMENDED ACTION: ISSUE STATEMENT AND DISCUSSION: FISCAL IMPACT: 1) Budgeted Current Fiscal Year 2) Total Anticipated Cost Current Year 3) Total Anticipated Cost Annual Year (Not Applicable) $0.00 $0.00 $0.00 SOURCE Unanticipated Revenue From Contingency Other: $0.00 $0.00 $0.00 FUNDING SOURCE: INSTRUCTIONS TO CLERK: 12.1 Packet Pg. 209 ---PAGE BREAK--- AGENDA TRANSMITTAL TO: Board of Supervisors FROM: Margaret Long, Deputy County Counsel DATE OF MEETING: November 5, 2019 PREPARED BY: Michelle Beckwith, Administrative Assistant TITLE: Conference with Legal Counsel pursuant to Gov. Code § 54956.9 – Pending Litigation-In re National Prescription Opiate Litigation (1:17-md-2804 (DAP) SUMMARY: RECOMMENDED ACTION: ISSUE STATEMENT AND DISCUSSION: FISCAL IMPACT: 1) Budgeted Current Fiscal Year 2) Total Anticipated Cost Current Year 3) Total Anticipated Cost Annual Year (Not Applicable) $0.00 $0.00 $0.00 SOURCE Unanticipated Revenue From Contingency Other: $0.00 $0.00 $0.00 FUNDING SOURCE: INSTRUCTIONS TO CLERK: 12.2 Packet Pg. 210 ---PAGE BREAK--- AGENDA TRANSMITTAL TO: Board of Supervisors FROM: Nichole Williamson, CAO/HHS Director DATE OF MEETING: November 5, 2019 PREPARED BY: Michelle Beckwith, Administrative Assistant TITLE: Conference with Legal Counsel pursuant to Govt. Code § 54956.9(1)-Existing Litigation Morse and Alpine County v. California Public Employees' Retirement System 2018-0596 SUMMARY: RECOMMENDED ACTION: ISSUE STATEMENT AND DISCUSSION: FISCAL IMPACT: 1) Budgeted Current Fiscal Year 2) Total Anticipated Cost Current Year 3) Total Anticipated Cost Annual Year (Not Applicable) $0.00 $0.00 $0.00 SOURCE Unanticipated Revenue From Contingency Other: $0.00 $0.00 $0.00 FUNDING SOURCE: INSTRUCTIONS TO CLERK: 12.3 Packet Pg. 211 ---PAGE BREAK--- AGENDA TRANSMITTAL TO: Board of Supervisors FROM: Nichole Williamson, CAO/HHS Director DATE OF MEETING: November 5, 2019 PREPARED BY: Michelle Beckwith, Administrative Assistant TITLE: Closed Session-Public Employee Appointment. 54957) Title: County Administrative Officer/Health and Human Services Director SUMMARY: RECOMMENDED ACTION: ISSUE STATEMENT AND DISCUSSION: FISCAL IMPACT: 1) Budgeted Current Fiscal Year 2) Total Anticipated Cost Current Year 3) Total Anticipated Cost Annual Year (Not Applicable) $0.00 $0.00 $0.00 SOURCE Unanticipated Revenue From Contingency Other: $0.00 $0.00 $0.00 FUNDING SOURCE: INSTRUCTIONS TO CLERK: 12.4 Packet Pg. 212