On the agenda: Colusa Board of Supervisors Meeting — data center (Aug 25)

COUNTY OF COLUSA
BOARD OF SUPERVISORS
AGENDA
Board Chambers
546 Jay Street, Suite 108
Colusa, CA 95932

J. Merced Corona, District I
Daurice K. Smith, District II
Kent S. Boes, District III
Randy Wilson, District IV
Janice A. Bell, District V
(530) 458-0508
FAX (530) 458-0510
https://countyofcolusaca.gov

August 25, 2026 at 9:00 AM

Welcome to a meeting of the Colusa County Board of Supervisors. If you are scheduled to address
the Board, please state your full name for the record. The Board will not address timed items before
they are scheduled. The “Consent Calendar” may be adopted by one motion. Regularly numbered
items may be considered at any time during the meeting. All items are listed in accordance with the
Ralph M. Brown Act. We invite all members of the public to attend.
NOTE: You can listen to the meeting by dialing one of the numbers below:
Phone: 1-916-246-0723
Toll-Free: 1-800-356-8278
Code: 401978 - THIS LINE IS FOR LISTENING IN ONLY
PERIOD OF PUBLIC COMMENT: Any person may speak about any subject of concern, provided it is
within the purview of the Board of Supervisors and is not already on today’s agenda. The total
amount of time allotted for receiving such public communication shall be limited to a total of 15
minutes per issue and each individual or group will be limited to no more than 5 minutes each. Note:
No Board action shall be taken on comments received.
ORDINANCES AND PUBLIC HEARINGS: If you challenge in a court action a decision of the Colusa
County Board of Supervisors regarding a zoning, planning, land use, or environmental protection
matter made at any public hearing described in this notice, you may be limited to raising only those
issues (1) you or someone else raised at such public hearing, or (2) raised in written correspondence
delivered to the Colusa County Board of Supervisors at, or prior to, such public hearing.
ADA COMPLIANCE: Upon request, Agendas will be made available in alternative formats to
accommodate persons with disabilities. In addition, any person with a disability who requires a
modification or accommodation to participate or attend this meeting may request necessary
accommodation. Please make your request to the County Board Clerk, specifying your disability, the
format in which you would like to receive this Agenda, and any other accommodation required no
later than 24 hours prior to the start of the meeting.
DISCLOSURE OF CAMPAIGN CONTRIBUTIONS: Pursuant to Government Code section 84308, members
of the Board of Supervisors are disqualified and not able to participate in any agenda item involving
contracts (other than competitively bid, labor, or personal employment contracts), franchises,
discretionary land use permits and other entitlements if the Board member received more than $250
in campaign contributions from the applicant or contractor, an agent of the applicant or contractor,
or any financially interested participant who actively supports or opposes the County’s decision on
the agenda item since January 1, 2023. Members of the Board of Supervisors who have received,
and applicants, contractors or their agents who have made, campaign contributions totaling more
than $250 to a Board member since January 1, 2023, are required to disclose that fact for the official
Page 1 of 152

record of the subject proceeding. Disclosures must include the amount of the campaign contribution
and identify the recipient Board member and may be made either in writing to the Clerk of the Board
of Supervisors prior to the subject hearing or by verbal disclosure at the time of the hearing.
All supporting documentation is available for public inspection and review in the Office of the Board
Clerk, 547 Market Street, Suite 102, Colusa, CA 95932 during regular business hours 8:30 a.m. to 5:00
p.m., Monday through Friday.
I.

CALL TO ORDER
1.

Opening Prayer - Pledge of Allegiance

2.

Period of Public Comment

3.

Report out of August 11, 2026 Closed Session

4.

Announcement of Closed Session

5.

Corrections and/or Changes to the Agenda

II.

STAFF REPORTS
Note: 5 minutes allowed per Department for Staff Reports. This time is available for any County
Staff who may wish to update the Board of Supervisors on projects as they relate to their
respective departments.

III.

PROCLAMATIONS
1.

IV.

Resolution Designating a Portion of Old Highway 99 within the Community of Arbuckle as
Historic Route 99 and Ceremonial Proclamation Recognizing the Historic Significance of
the Route.

CONSENT AGENDA
Approve Consent Agenda Item No. 1 through 6.
1.

ADMIN
Approve the August 4, 2026 and August 11, 2026 Regular meeting minutes.

2.

PUBLIC WORKS DEPARTMENT
Purchase Order No. 61007152026 in the amount of $106,436.49 with Global Machinery for
the Department of Public Works.

3.

PUBLIC WORKS DEPARTMENT
Resolution to Establish No Parking Zone in Arbuckle

4.

LIBRARY
California Library Literacy Services Grant Agreement and Mid-Year Report for Fiscal Year
2026-2027.

5.

HEALTH AND HUMAN SERVICES
Medi-Cal County Inmate Program Administrative Services Agreement and Participation
Agreement with the California Department of Health Care Services.

6.

SHERIFF/CORONER
Resolution of the Colusa County Board of Supervisors Authorizing the Execution and
Page 2 of 152

Delivery of a Facility Sublease for the Colusa Jail Project.
V.

VI.

REGULAR AGENDA
1.

COUNTY ADMINISTRATIVE OFFICE
Informational Report on Purchasing Actions Approved Under the Purchasing Agent's
Delegated Authority Pursuant to the Amended County Policy 401 – Purchasing and
Procurement Policy.

2.

ADMIN
Approval of Memorandum of Understanding with the Colusa Groundwater Authority for
Administrative Services

9:30 a.m. PUBLIC HEARING/TIMED ITEMS
1.

PUBLIC WORKS DEPARTMENT
Public Hearing and Resolution for the Temporary Closure of Sand Creek Road

VII. SUPERVISORS' REPORTS OR COMMENTS
VIII. STATE OR FEDERAL LEGISLATION/GENERAL BUDGETARY MATTERS/CAO REPORTS
IX.

CLOSED SESSION/COUNTY COUNSEL
1.

Public Employee Employment, Appointment, Recruitment, Performance Evaluation,
Discipline/Dismissal/Release (Gov. Code § 54957 - County Counsel).

ADJOURN

Page 3 of 152

Colusa County
Agenda Request Form
Item ID#: 2026-655

Agenda Date: 8/25/2026

Item III.1

PUBLIC WORKS DEPARTMENT
Subject
Resolution Designating a Portion of Old Highway 99 within the Community of Arbuckle
as Historic Route 99 and Ceremonial Proclamation Recognizing the Historic
Significance of the Route.
Action Requested
Adopt the attached Resolution designating the portion of Old Highway 99 within the
community of Arbuckle as Historic Route 99; approve the accompanying Ceremonial
Proclamation recognizing the historic significance of the route; and authorize the
Director of Public Works/Road Commissioner to coordinate with the Arbuckle
Revitalization Committee on the installation of two Historic Route 99 signs at mutually
agreed-upon locations.
Detailed Description
Prior to the construction of Interstate 5, U.S. Highway 99 served as a principal northsouth transportation corridor through the Sacramento Valley and played an important
role in the development of rural communities, including Arbuckle. Following
construction of Interstate 5, portions of the former Highway 99 alignment were
relinquished to local jurisdictions, including the roadway now known as Old Highway 99
in Arbuckle.
The Arbuckle Revitalization Committee has requested recognition of this transportation
heritage through the installation of Historic Route 99 signs at the northbound and
southbound entrances to Arbuckle along Old Highway 99. The Committee has
procured two Historic Route 99 signs meeting applicable state traffic-sign standards
and offered them to the County for installation within the County right-of-way.
The proposed Resolution formally recognizes this segment of Old Highway 99 as Historic
Route 99 and authorizes the Department of Public Works to install and maintain the
signage. The designation is honorary and does not alter County ownership, jurisdiction,
maintenance responsibilities, roadway classification, or operational authority.
Final sign locations will be coordinated by the Department with the Arbuckle
Revitalization Committee to ensure appropriate visibility, roadway safety, and
compliance with applicable traffic engineering standards. A companion Ceremonial
Proclamation recognizes the historical importance of Route 99 to Arbuckle and the
Committee's efforts to preserve and promote local history.

Page 4 of 152

Fiscal Impact
The Arbuckle Revitalization Committee has procured the Historic Route 99 signs at no
cost to the County. County costs will be limited to staff time and materials associated
with the installation of the signs within the County right-of-way and are expected to be
minimal.

Personnel Impact
Existing Department of Public Works maintenance resources are sufficient to complete
the installation.
Contact
Scott Lanphier
Action for the Clerk
Forward Via DocuSign
Scott Lanphier: [email protected]
CC: [email protected]
Attachments:
1.
PROCLAMATION - Old Hwy 99 Historic Route in Arbuckle
2.
RESOLUTION - Old Highway 99 Historic Route Designation in Arbuckle
3.
EXHIBIT A - Old Hwy 99 in Arbuckle

Page 5 of 152

PROCLAMATION OF THE BOARD OF SUPERVISORS OF
THE COUNTY OF COLUSA, STATE OF CALIFORNIA
COMMEMORATING THE DESIGNATION OF HISTORIC
ROUTE 99 THROUGH THE COMMUNITY OF ARBUCKLE

WHEREAS, former U.S. Highway 99 served for many decades as one of California's
principal north-south highways, carrying generations of residents, agricultural producers,
businesses, and travelers through the Sacramento Valley before the construction of Interstate
5; and
WHEREAS, the community of Arbuckle grew and prospered along this important
transportation corridor, and the roadway now known as Old Highway 99 remains a visible
reminder of the community's rich transportation heritage and its enduring connection to one
of California's most historic highways; and
WHEREAS, preserving and recognizing local history strengthens community identity,
honors those who contributed to the development of our communities, and provides future
generations with an appreciation of Colusa County's unique heritage; and
WHEREAS, the Arbuckle Revitalization Committee has demonstrated an ongoing
commitment to preserving, enhancing, and celebrating the history and character of the
Arbuckle community through numerous community improvement and beautification efforts;
and
WHEREAS, in recognition of the historical importance of the former U.S. Highway 99
alignment through Arbuckle, the Arbuckle Revitalization Committee has generously procured
and donated two California Manual on Uniform Traffic Control Devices (CA MUTCD) Historic
Route 99 signs for installation at the northbound and southbound entrances to the community
along Old Highway 99.
NOW, THEREFORE, BE IT PROCLAIMED, that the Colusa County Board of Supervisors
hereby recognizes the historical significance of the former U.S. Highway 99 alignment through
the community of Arbuckle and commemorates its designation as Historic Route 99.
BE IT FURTHER PROCLAIMED, that the Board of Supervisors extends its sincere
appreciation to the Arbuckle Revitalization Committee for its vision, dedication, and
generosity in helping preserve an important chapter of Colusa County's transportation history
for the benefit of residents and visitors alike.
PASSED AND ADOPTED this 25th day of August 2026.

____________________________
J. Merced Corona, Chair

Page 6 of 152

RESOLUTION NO. 26A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF COLUSA
RECOGNIZING AND COMMEMORATING THE HISTORICAL ALIGNMENT OF FORMER U.S.
HIGHWAY 99 THROUGH THE COMMUNITY OF ARBUCKLE BY DESIGNATING THE COUNTYMAINTAINED SEGMENT OF OLD HIGHWAY 99 AS "HISTORIC ROUTE 99" FOR
COMMEMORATIVE AND EDUCATIONAL PURPOSES
WHEREAS, U.S. Highway 99 served for many decades as one of California's
principal north-south transportation corridors, connecting communities throughout the
Sacramento Valley and contributing significantly to the economic development,
agricultural prosperity, and growth of the State of California; and
WHEREAS, the community of Arbuckle developed in part as a result of its location
along the historic alignment of U.S. Highway 99, which served residents, businesses,
agricultural producers, and travelers prior to the construction of Interstate 5; and
WHEREAS, following construction of Interstate 5, portions of the original U.S.
Highway 99 alignment were relinquished to local jurisdictions and continue to serve the
traveling public as local roadways, including the County-maintained roadway known as
Old Highway 99 within the community of Arbuckle; and
WHEREAS, preserving and recognizing significant elements of Colusa County's
transportation history contributes to public education, community identity, heritage
tourism, and appreciation of the County's historical resources; and
WHEREAS, the Arbuckle Revitalization Committee has expressed its desire to
commemorate the historic significance of the former U.S. Highway 99 alignment through
Arbuckle by providing Historic Route 99 signs for installation at the northbound and
southbound entrances to the community along Old Highway 99; and
WHEREAS, the Arbuckle Revitalization Committee has procured and donated two
California Manual on Uniform Traffic Control Devices (CA MUTCD) Historic Route 99 signs
for installation within the County right-of-way; and
WHEREAS, the Board of Supervisors finds that recognition of the former U.S.
Highway 99 alignment is an appropriate means of preserving an important part of the
County's transportation history while acknowledging the efforts of the Arbuckle
Revitalization Committee to enhance and promote the community.
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of the County of
Colusa hereby recognizes and commemorates the historical alignment of former U.S.
Highway 99 through the community of Arbuckle by designating the County-maintained

Page 7 of 152

segment of Old Highway 99 within the community as "Historic Route 99" for
commemorative and educational purposes.
BE IT FURTHER RESOLVED that this honorary designation is intended solely to
recognize the historical significance of the former highway alignment and shall not alter
the ownership, jurisdiction, maintenance responsibilities, roadway classification, or
operational authority of the County of Colusa over Old Highway 99.
BE IT FURTHER RESOLVED that the Director of Public Works/Road Commissioner is
hereby authorized to coordinate with the Arbuckle Revitalization Committee regarding the
installation of two Historic Route 99 signs at locations within the County right-of-way that
are mutually agreed upon by the Director of Public Works/Road Commissioner and the
Arbuckle Revitalization Committee, and that comply with applicable traffic engineering
standards and the California Manual on Uniform Traffic Control Devices.
RESOLUTION PASSED AND ADOPTED this 25th day of August, 2026, by the following vote:

AYES:
NOES:
ABSENT:
_______________________________
J. Merced Corona, Chairperson
Colusa County Board of Supervisors
ATTEST: Joshua Pack,
Clerk to the Board of Supervisors
By: ___________________________
Patricia Rodriguez, Deputy Clerk

APPROVED AS TO FORM:

______________________________
Richard Stout, County Counsel

Page 8 of 152

Page 9 of 152

Colusa County
Agenda Request Form
Item ID#: 2026-671

Agenda Date: 8/25/2026

Item IV.1

ADMIN
Approve the August 4, 2026 and August 11, 2026 Regular meeting minutes.
Detailed Description/Background of Request
Approve the August 4, 2026 and August 11, 2026 Regular meeting minutes.
Prior Board Action
None.
Fiscal Impact/Funding Source
The Board of Supervisors held a duly noticed Regular meetings and the Clerk is
requesting approval of said minutes.
Action for the Clerk
None.
Attachments:
1.
08-04-26 Minutes
2.
08-11-26 Minutes

Page 10 of 152

COUNTY OF COLUSA
BOARD OF
SUPERVISORS
MINUTES

J. Merced Corona, District I
Daurice K. Smith, District II
Kent S. Boes, District III
Randy Wilson, District IV
Janice A. Bell, District V
(530) 458-0508/0509
FAX (530) 458-0510
https://countyofcolusaca.gov

Board Chambers
546 Jay Street, Suite 108
Colusa, CA 95932
August 4, 2026 at 8:00 AM
I.

8:00 a.m. CALL TO ORDER
1. Opening Prayer - Pledge of Allegiance
2.

Period of Public Comment
None.

3.

Announcement of Closed Session

1. Conference with Legal Counsel – Anticipated Litigation. Significant exposure to
litigation pursuant to Government Code section 54956.9(d)(2). One potential case.
Chair Corona declares a recess at 8:02 a.m. to convene to Closed Session with all
Supervisors present.
II.

CLOSED SESSION/COUNTY COUNSEL
1. Conference with Legal Counsel – Anticipated Litigation. Significant exposure
to litigation pursuant to Government Code section 54956.9(d)(2). One
potential case.
Chair Corona reconvenes in Regular session at 9:00 a.m.

III.

Report out of June 30, 2026 and August 4, 2026 Closed Session
June 30, 2026
1.

EXISTING LITIGATION — Conference with legal counsel pursuant to
Government Code § 54956.9, subdivision (d)(1) concerning litigation that
has been form initiated. County of Colusa ,et. al. v. PG&E et. al, Colusa
County Superior Court Case No. CV24964. Counsel states direction given
to staff with no reportable action.

2.

EXISTING LITIGATION — Conference with legal counsel pursuant to Govern
Code § 54956.9, subdivision (d)(1) concerning litigation that has been form
initiated. Harry Chaffee ,et. al. v. County of Colusa et. al, Colusa County
Superior Court Case No. CV24960. Counsel states direction given to staff
with no reportable action.

Page 11 of 152

3.

Public Employee Appointment, Pursuant to Government Code Section
54957(b)(1) Title: Director of Public Work/Airport Operations, Counsel states
direction given to staff with no reportable action

August 4, 2026
1.

Conference with Legal Counsel – Anticipated Litigation. Significant
exposure to litigation pursuant to Government Code section
54956.9(d)(2). One potential case. Counsel states direction given to
staff with no reportable action.

IV. Corrections and/or Changes to the Agenda
None.
V.

9:00 a.m. TIMED ITEMS
1.

CLERK-RECORDER REGISTRAR OF VOTERS
Approve Certification of Initiative Petition for the Colusa County Library
Preservation Act and Consideration of Subsequent Actions Pursuant to the
Elections Code

Comments received by Ms. Edwards, Mr. Pack, Ms. Steidlmeyer and Ms. Martin, Ms.
Smith, Mr. White, Ms. Brown, Mr. Stout, Ms. White, Ms. English, Ms. Tyler and Mr.
Sparks.
Accept the Registrar of Voters' certification that the initiative petition for the
Colusa County library Preservation Act contains a sufficient number of valid
signatures pursuant to Elections Code section 9115.
RESULT:
MOVER:
SECONDER:
AYES:
NAYS:
ABSENT:
ABSTAIN:

Passed (5 TO 0)
Supervisors Boes
Supervisor Smith
Smith, Boes, Wilson, Bell and Corona
None
None
None

Approve not to prepare a report pursuant to Elections Code section 9111
regarding the effects of the proposed initiative.
RESULT:
MOVER:
SECONDER:
AYES:
NAYS:
ABSENT:
ABSTAIN:

Passed (5 TO 0)
Supervisors Bell
Supervisor Wilson
Smith, Boes, Wilson, Bell and Corona
None
None
None

Page 12 of 152

Adopt Resolution No. 26-023 ordering the proposed ordinance, without alteration,
to be submitted to the voters pursuant to Elections Code section 9118 (b) and
1405.
RESULT:
MOVER:
SECONDER:
AYES:
NAYS:
ABSENT:
ABSTAIN:

Passed (5 TO 0)
Supervisors Bell
Supervisor Boes
Smith, Boes, Wilson, Bell and Corona
None
None
None

Direction to staff not to prepare an impartial analysis and fiscal analysis as
authorized by the Elections Code.
RESULT:
MOVER:
SECONDER:
AYES:
NAYS:
ABSENT:
ABSTAIN:
2.

Passed (5 TO 0)
Supervisors Boes
Supervisor Smith
Smith, Boes, Wilson, Bell and Corona
None
None
None

ADMIN
Approve the County-Sponsored Colusa County Library Special Parcel Tax
Measure for the November 3, 2026, General Election

Comments received by Mr. Pack.
RESULT:

PULLED ITEM

VI. SUPERVISORS' REPORTS OR COMMENTS
None.
VII. STATE OR FEDERAL LEGISLATION/GENERAL BUDGETARY MATTERS/CAO REPORTS
None.
Chair Corona adjourned the meeting at 10:13 a.m. to reconvene in Regular
Session on August 11, 2026 at the hour of 9:00 a.m.

J. Merced Corona, Chair

ATTEST: Joshua Pack, Clerk to the
Board of Supervisors

Patricia Rodriguez, Deputy Clerk

Page 13 of 152

COUNTY OF COLUSA
BOARD OF
SUPERVISORS
MINUTES

J. Merced Corona, District I
Daurice K. Smith, District II
Kent S. Boes, District III
Randy Wilson, District IV
Janice A. Bell, District V
(530) 458-0508/0509
FAX (530) 458-0510
https://countyofcolusaca.gov

Board Chambers
546 Jay Street, Suite 108
Colusa, CA 95932
August 11, 2026 at 9:00 AM
I.

CALL TO ORDER
1.

Opening Prayer - Pledge of Allegiance

2.

Period of Public Comment

3.

None.
Announcement of Closed Session
1. CONFERENCE WITH LABOR NEGOTIATOR
California Government Code 54957.6 Agency Negotiator: Mike Wasilchin,
Elizabeth Kelly Employee Organizations: In-Home Supportive Services (IHSS).
2. EXISTING LITIGATION — Conference with legal counsel pursuant to
Government Code § 54956.9, subdivision (d)(1) concerning litigation that has
been formally initiated. County of Colusa ,et. al. v. PG&E et. al, Colusa
County Superior Court Case No. CV24964.
3. EXISTING LITIGATION — Conference with legal counsel pursuant to
Government Code § 54956.9, subdivision (d)(1) concerning litigation that has
been formally initiated. John Doe W.L. v. County of Yuba ,et. al., Yuba
County Superior Court Case No. CVPO26-01137.
4. Public Employee Employment, Appointment, Recruitment,
Performance Evaluation, Discipline/Dismissal/Release (Gov. Code § 54957 Community Development Director, Director of Public Works / Airport
Operations, Behavioral Health Director, Human Resources Director, County
Counsel).

4. Corrections and/or Changes to the Agenda
Mr. Pack states there were some changes made to the format of the Request for
Action page and the regular agenda items.

Page 14 of 152

II.

STAFF REPORTS
Note: 5 minutes allowed per Department for Staff Reports. This time is available for
any County Staff who may wish to update the Board of Supervisors on projects as
they relate to their respective departments.
Ms. Allen updates the Board on items that pertain to her department.
Mr. Rogers updates the Board on items that pertain to his department.
Ms. Kelly updates the Board on items that pertain to her department.
Ms. Edwards updates the Board on items that pertain to her department.

III.

PROCLAMATIONS
1.

Adopt Proclamation of the Colusa County Board of Supervisors Proclaiming
August 2026 as Child Support Awareness Month.

Comments received by Ms. Battles and Ms. Vogan.
RESULT:
MOVER:
SECONDER:
AYES:
NAYS:
ABSENT:
ABSTAIN:

Passed (5 TO 0)
Supervisor Smith
Supervisor Wilson
Smith, Boes, Wilson, Bell and Corona
None
None
None

IV. CONSENT AGENDA
Approve Consent Agenda Item No. 1 through 11.
RESULT:
MOVER:
SECONDER:
AYES:
NAYS:
ABSENT:
ABSTAIN:

Passed (5 TO 0)
Supervisor Bell
Supervisors Boes
Smith, Boes, Wilson, Bell and Corona
None
None
None

1.

ADMIN
Approve the June 30, 2026 Regular meeting minutes

2.

ADMIN
Approve the Board of Supervisors' Response to the 2025-2026 Colusa County
Grand Jury Report — "Inspection of the Colusa County Jail."

3.

ADMIN
Approve the Proposed Colusa County Law Enforcement Memorial's approximate
location.

Page 15 of 152

4.

ADMIN
Approve Contract No. C26-139 with West Coast Energy Systems, LLC. Generator
Maintenance Agreement.

5.

PUBLIC WORKS DEPARTMENT
Approve Rental Equipment with Operator contracts for the Department of Public
Works as follows:
C26-140 Cook Construction
C26-141 Wycoff Construction
C26-142 McCullough Excavation
C26-143 T&R Restore

C26-144 F&L Farms Trucking
C26-145 MoreTrucks
C26-146 Robert Burt Contruction
C26-147 Dos Rios

6.

PUBLIC WORKS DEPARTMENT
Approve Purchase Order No. 61007142026 in the amount of $493,834.30 with
Holt of California for the Department of Public Works and authorize the
Purchasing Agent to execute the Purchase Order to authorize the purchase
of the equipment prior to the adoption of the FY26/27 Final Budget using
funding identified in the Recommended fy26/27 Budget.

7.

AUDITOR CONTROLLER
Adopt Resolution No. 26-024 for General Fund and Maintenance Area No. 1
Appropriation Limit for Fiscal Year 2026-27.

8.

AUDITOR CONTROLLER
Accept the Impress Cash and Change Funds Annual Report FY 2025/26.

9.

TREASURER/TAX COLLECTOR
Approve the Treasurer's June 2026 Monthly Investment Report

10. COMMUNITY DEVELOPMENT DEPARTMENT
Approve Contract No. C26-148 with Colusa County Resource Conservation
District for consultant support for the CALFIRE County Coordinator Grant
Program.
11. COMMUNITY DEVELOPMENT DEPARTMENT
Approve Contract No. C26-149 1st Modification with BPR Consulting Group,
LLC for plan review and building inspection services.
V.

REGULAR AGENDA
1.

COUNTY ADMINISTRATIVE OFFICE
Approve FY25-26 Revenue and Appropriations Inter-Budget Adjustment No. IB-031
- IB-033. (4/5th vote required)

Comments received by Ms. Moore.
RESULT:
MOVER:
SECONDER:
AYES:
NAYS:
ABSENT:
ABSTAIN:

Passed (5 TO 0)
Supervisor Smith
Supervisor Wilson
Smith, Boes, Wilson, Bell and Corona
None
None
None
Page 16 of 152

2.

HUMAN RESOURCES
Approve amending the Fair Labor Standards Act (FLSA) designation for the
following flexibly staffed Deputy District Attorney I/II/III/IV classification series
within the CCEA Professional Unit from non-exempt to exempt, effective
August 11, 2026:
I, PF44, $6,353 - $10,416 per month.
II, PF48, $7,013 - $11,497 per month.
III, PF52, $7,742 - $12,691 per month.
IV, PF60, $8,516 - $13,914 per month.

Comments received by Mr. Wasilchin.
RESULT:
MOVER:
SECONDER:
AYES:
NAYS:
ABSENT:
ABSTAIN:
3.

Passed (5 TO 0)
Supervisor Wilson
Supervisor Bell
Smith, Boes, Wilson, Bell and Corona
None
None
None

HUMAN RESOURCES
Authorize a temporary PERS Annuitant, Extra Help position in the classification
of Director of Community Development, TPT, Range DH44, Step 10, $96.88 per
hour, effective August 11, 2026, with an end date of December 31, 2026, not
to exceed 960 hours in a fiscal year.

Comments received by Mr. Wasilchin and Mr. Pack.
RESULT:
MOVER:
SECONDER:
AYES:
NAYS:
ABSENT:
ABSTAIN:
4.

Passed (5 TO 0)
Supervisor Smith
Supervisors Boes
Smith, Boes, Wilson, Bell Corona
None
None
None

HUMAN RESOURCES
Approve an amendment to the Position Allocation Schedule to delete vacant
positions, effective July 1, 2026.

Comments received by Mr. Wasilchin.
RESULT:

Passed (5 TO 0)

MOVER:
SECONDER:
AYES:
NAYS:
ABSENT:
ABSTAIN:

Supervisor Smith
Supervisor Wilson
Smith, Boes, Wilson, Bell and Corona
None
None
None
Page 17 of 152

VII. PUBLIC HEARING/TIMED ITEMS
1.

9:30 AM TIMED ITEM - Receive a presentation and recognize Colusa County
staff who successfully completed the California State Association of Counties
(CSAC) Leadership Academy.

Comments received by Mr. Pack and Mr. Danczyk.
HUMAN RESOURCES
Approve adoption of the Revised Job Class Table Effective January 1, 2026, to
Reflect the Board of Supervisors Salary Adjustment Implemented in
Accordance with Ordinance Requirements.

5.

Comments received by Mr. Wasilchin.
RESULT:
MOVER:
SECONDER:
AYES:
NAYS:
ABSENT:
ABSTAIN:

Passed (5 TO 0)
Supervisor Smith
Supervisors Boes
Smith, Boe, Wilson, Bell and Corona
None
None
None

ADMIN
Provide direction and feedback to staff regarding the repayment of
underpaid assessments.

6.

Comments received by Mr. Pack, Ms. Valles, Mr. Stout, Mr. Bradford, Ms. Gomez,
Ms. Lauwerijssen. Mr. Dougherty and Ms. Wheeler. (Handouts on file in Clerk Office)
The consensus of the Board is to pay Arbuckle Fire District what is owed to them
and recover the unpaid cost to the County with a 5-year repayment plan and no
CPI, just a flat amount.
RESULT:
MOVER:
SECONDER:
AYES:
NAYS:
ABSENT:

(5 TO 0)
Supervisors Boes
Supervisor Bell
Smith, Boes, Wilson, Bell and Corona
None
None

ABSTAIN:

None

7.

ADMIN
Adopt the ADA/Section 504 Compliance Package in Response to Caltrans
Program Assessment Findings and direct the CAO to transmit the adopted
documents to Caltrans Division of Local Assistance and authorize the CAO to
complete the ADA/Section 504 Program Assessment online form by August 31,
2026.

Comments received by Mr. Pack.
Page 18 of 152

RESULT:
MOVER:
SECONDER:
AYES:
NAYS:
ABSENT:
ABSTAIN:

Passed (5 TO 0)
Supervisor Dist. 4 Randy Wilson
Supervisor Dist. 5 Janice Bell
Smith, Boes, Wilson, Bell and Corona
None
None
None

Chair Corona declares a recess at 10:40 a.m. and states that they are now sitting
as the Board of Equalization with all Directors present.
10:40 a.m. Director Wilson recuses himself and leaves the room.
VI. BOARD OF SUPERVISORS SITTING AS BOARD OF EQUALIZATION
1.

ASSESSOR'S OFFICE
Deny Assessment Appeal 25-07: Peterson Equipment Trust.

Comments received by Mr. Buckner.
RESULT:
MOVER:
SECONDER:
AYES:
NAYS:
ABSENT:
ABSTAIN:
2.

Passed (4 TO 0)
Supervisors Boes
Supervisor Smith
Smith, Boes, Bell and Corona
None
Wilson
None

ASSESSOR'S OFFICE
Consider Assessment Appeal 26-10: Sutter Home Winery Inc.

Comment received by Mr. Buckner.
Pulled item and accepted postponement by applicant.
10:43 a.m. Director Wilson rejoins the session and is now seated.
3.

ASSESSOR'S OFFICE
Approve Assessment Appeal withdrawal for 26-25. Paramount Property Tax
Appeal.

Comments received by Mr. Buckner.
RESULT:
MOVER:
SECONDER:
AYES:
NAYS:
ABSENT:
ABSTAIN:

Passed (5 TO 0)
Supervisor Smith
Supervisor Wilson
Smith, Boes, Wilson, Bell and Corona
None
None
None

Page 19 of 152

4.

ASSESSOR'S OFFICE
Deny Assessment Appeal 26-07: Tehrani Simm.

Comments received by Mr. Buckner.
RESULT:
MOVER:
SECONDER:
AYES:
NAYS:
ABSENT:
ABSTAIN:
5.

Passed (5 TO 0)
Supervisor Bell
Supervisor Smith
Smith, Boes, Wilson, Bell and Corona
None
None
None

ASSESSOR'S OFFICE
Consider Assessment Appeal 26-08: Ryan, LLC., on behalf of Grocery Outlet as
Lessee.

Comments received by Mr. Buckner.
Pulled item and accepted withdrawal submitted by applicant.
6.

ASSESSOR'S OFFICE
Consider Assessment Appeal 26-09: O'Reilly Auto Enterprises LLC.

Comments received by Mr. Buckner.
Pulled item and accepted withdrawal submitted by applicant.
7.

ASSESSOR'S OFFICE
Approve Assessment Appeal withdrawal for 25-01: Paramount Property Tax
Appeal.

Comments received by Mr. Buckner.
RESULT:
MOVER:
SECONDER:
AYES:

Passed (5 TO 0)
Supervisor Bell
Supervisor Wilson
Smith, Boes, Wilson, Bell and Corona

NAYS:
ABSENT:
ABSTAIN:

None
None
None

Chair Corona adjourns the Board of Equalization at 10:51 a.m. and states they are
now sitting as the Colusa County Board of Supervisors with all Supervisors present.

Page 20 of 152

VIII. SUPERVISORS' REPORTS OR COMMENTS
Supervisor Bell
Meetings/functions attended:
Colusa Groundwater Authority and Joint Colusa/Glenn Groundwater Authority
meetings
Transportation and Transit Meeting
Interview Panel for Public Works Director
Chamber of Commerce Board meeting
4th of July and USA semi-quincentennial celebration
Colusa and Glenn Groundwater Authority presentation
Update from Chempack Training
Fish and Game Commission meeting
Colusa Glenn Trinity Community Action Partnership meeting
Colusa County Law Enforcement Memorial meeting
Cousa GOP meetings
LAFCo Special meeting
Celebration of Arbuckle's sesquicentennial
Met with Chief Winters
Sponsored a Free Swim Day at the Colusa Pool
Wiliams Fire Department ground-breaking
Supported Local Fundraiser-Farmer's Market and Levitt Amp concerts
Colusa City Council meeting
Met with Lauren Wong
CPR/AED Training
Chamber of Commerce Luncheon and Presentation
Firesafe Council meeting
Ribbon Cutting for new Colusa Business-Pinky's Salon
LAFCO meeting
NCWA tour of Bullseye Farms
Williams and Maxwell National Night Out
Correspondence with Congressman Mike Thompson
Correspondence with constituents regarding Library ballot, homeless
encampment and other issues
Supervisor Bell announces that on August 17, 2026 there will be a Non-partisan
Ballot Q&A meeting, located at the Assembly of God Church at 1737 Hwy 20 in
Colusa.
Supervisor Smith
Meetings/functions attended:
Judged Miss Yuba Sutter Sites meetings
Sites Ad-Hoc meeting
Grimes 4th of July Parade
Colusa Groundwater Authority Webinar
Met with DA
Airport Advisory Committee meeting
Library meetings
Met with Chief Winters
Met with Chief Winter, CAO and Assistant CAO

Page 21 of 152

Supervisor Boes
Meetings/functions attended:
Transportation and Transit meeting
Grimes 4th of July Parade
CSAC USDA Rural Development meeting
Met with Director Becerra from RHA
CSAC NACo CA Caucus briefing
CSAC Officer calls
Williams Fire Department groundbreaking
NACo Annual Conference
Veteran's Picnic
CSAC HLT Policy Committee meeting
Met with Congressman Thompson
CSAC GFA Policy Committee meeting
Williams and Maxwell National Night Out
RHA meeting
Latino Caucus meeting
Supervisor Wilson
Meetings/functions attended:
Call with Sheriff
LAFCo Special meeting
Met with Mr. Valentino
Williams and Maxwell National Night Out
Sacramento Valley Basin Wide Air Pollution Control Council
LAFCo meeting
Call with Constituent regarding road issues
Met with CAO and Assist. CAO Toured new Ag Department
IX. STATE OR FEDERAL LEGISLATION/GENERAL BUDGETARY MATTERS/CAO REPORTS
Supervisor Boes states there is some talk regarding wildfire and Indigent Care.
Mr. Pack states the fiscal deadlines will be heard on Thursday. The Legislature will
be addressing Indigent Care and bills for the use of AI technology. He further
states he will be gone next week, and he will be attending the RCRC and CSAC
Annual Conference this year. He states that he is working on the Strategic Plan
and there will be an update on the hospital and Sites in September. He further
states that the budget adoption will be in September and he should have an item
before the Board regarding the Capital Improvement Program by the end of the
year. Also, the RFP process for the ambulance will be brought forth in October. He
states the County has been receiving calls regarding the library tax measure and
at this time we can only provide technical and data information.
Chair Corona declares a recess at 11:04 a.m. to convene in Closed Session.
X.

CLOSED SESSION/COUNTY COUNSEL
1.

CONFERENCE WITH LABOR NEGOTIATOR
California Government Code 54957.6
Agency Negotiator: Mike Wasilchin, Elizabeth Kelly
Employee Organizations: In-Home Supportive Services (IHSS)
Page 22 of 152

2.

EXISTING LITIGATION — Conference with legal counsel pursuant to
Government Code § 54956.9, subdivision (d)(1) concerning litigation that has
been formally initiated. County of Colusa ,et. al. v. PG&E et. al, Colusa County
Superior Court Case No. CV24964.

3.

EXISTING LITIGATION — Conference with legal counsel pursuant to
Government Code § 54956.9, subdivision (d)(1) concerning litigation that has
been formally initiated. John Doe W.L. v. County of Yuba ,et. al., Yuba County
Superior Court Case No. CVPO26-01137.

4.

Public Employee Employment, Appointment, Recruitment, Performance
Evaluation, Discipline/Dismissal/Release (Gov. Code § 54957 - Community
Development Director, Director of Public Works / Airport Operations,
Behavioral Health Director, Human Resources Director, County Counsel).

Chair Corona adjourned the meeting at 12:41 p.m. to reconvene in Regular
Session on August 25, 2026 at the hour of 9:00 a.m.

Chair Corona, Chair

ATTEST: Joshua Pack, Clerk to the
Board of Supervisors

Patricia Rodriguez, Deputy Clerk

Page 23 of 152

Colusa County
Agenda Request Form
Item ID#: 2026-645

Agenda Date: 8/25/2026

Item IV.2

PUBLIC WORKS DEPARTMENT
Subject
Purchase Order No. 61007152026 in the amount of $106,436.49 with Global Machinery
for the Department of Public Works.
Action Requested
Approve Purchase Order No. 61007152026 in the amount of $106,436.49 with Global
Machinery for the Department of Public Works, authorize the Purchasing Agent to
execute the Purchase Order, and authorize the purchase of the equipment prior to
adoption of the FY 26/27 Final Budget using funding identified in the Recommended FY
26/27 Budget.
Detailed Description
The Department of Public Works requests authorization to purchase one Morbark BVR16
Brush Chipper from Global Machinery in the amount of $106,436.49. The department's
current and only brush chipper is a 2001 model that has reached the end of its service
life. Due to California Air Resources Board (CARB) regulations, replacement parts are
no longer available because the unit is equipped with a non-CARB-compliant Tier 0
engine. As a result, the chipper cannot be repaired or maintained in a reliable,
operational condition.
Purchasing a new 2026 Morbark BVR16 Brush Chipper will ensure Public Works can
continue to safely and efficiently perform brush clearing, tree trimming, roadside
vegetation management, and emergency storm response while remaining compliant
with current California emissions requirements.
The purchase will be made through a competitively awarded cooperative purchasing
contract administered by Sourcewell. Sourcewell is a governmental cooperative
purchasing organization that conducts publicly advertised and competitively awarded
procurements on behalf of participating public agencies throughout the United States
and Canada.
Section 14 of the County's Purchasing and Procurement Policy (Policy No. 401)
authorizes the use of cooperative purchasing agreements when the cooperative
procurement process is substantially equivalent to the requirements of the California
Public Contract Code or is otherwise authorized by law. The Purchasing Agent has
determined that the Sourcewell contract satisfies the requirements of County Policy
No. 401 and provides competitive pricing and favorable contract terms while

Page 24 of 152

eliminating the need for the County to conduct a separate formal solicitation.
Funding for this purchase is included in the Recommended FY 26/27 Budget. Although
the County's standard practice is to defer fixed asset purchases until adoption of the
Final Budget, staff is requesting authorization to proceed with this purchase in advance
of Final Budget adoption to expedite replacement of this critical equipment and
minimize impacts to Public Works operations.
Fiscal Impact
Budgeted: 007-57199-610-0, FY26-27, $106,436.49
Personnel Impact
N/A
Contact
Ricky Luigard
Action for the Clerk
Forward via Docusign for Purchasing Agent signature.
cc: [email protected]
Attachments:
1.
PO_61007152026 Global Machinery Chipper
2.
chipper quote 7-21-2026

Page 25 of 152

Colusa County Purchasing & Procurement

Purchase Order No.
61007152026

547 Market Street, Suite 110
Colusa, California 95932
Phone: 530-458-0437
Fax: 530-458-0435

PURCHASE ORDER
VENDOR
NAME
ADDRESS
PHONE
EMAIL

REQUISITIONER ADDRESS

Global Machinery
John Milhous
3321 Airport Rd
Sacramento, CA. 95834
(916) 453-2780
[email protected]

7/22/2026
QTY

UNITS

1

each

1
1

ITEM #

Colusa County Purchasing & Procurement

ADDRESS

547 Market St Ste 110, Colusa, CA 95932

PHONE

530.458.0437

DELIVERY ADDRESS

REQUISITIONER
Rick Luigard

P.O. DATE

NAME

NAME

Colusa County Road Department

Contact

Chris Rogers

Address

5714 E. St. Williams, CA. 95987

PHONE

530.437.5301

SHIP VIA

DESCRIPTION

FAX

TERMS
30 Days
UNIT PRICE

TOTAL

2026 Morbark BVR16 Brush Chipper

$105,330.00

$105,330.00

each

Sourcewell discount

-$13,692.90

-$13,692.90

each

Surcharge

$2,271.48

$2,271.48

SUBTOTAL

$93,908.58

CA Sales tax 7.75%

$7,277.91

BASED ON ATTACHED QUOTE #
Dated 7/21/2026 Sourcewell #010925-MBI

Freight In

$3,750.00

PDI

$1,500.00

TOTAL

$106,436.49

1. Please send two copies of your invoice
2. Enter this order in accordance with the prices, terms, delivery
3. Please notify us immediately if you are unable to ship as specified
4. Send all correspondence and billing to:
Rick Luigard
Colusa County Purchasing & Procurement
547 Market St. Ste. 110
Colusa, CA 95932
530.458.0437

MW

date1
Authorized by

Page 26 of 152

Equipment Quote and Order
Sold To: Colusa County Road Department
TBD

Herein referred to as 'buyer'
Final Delivery: Colusa County Road Department
TBD

Ship To: Global Machinery
3321 Airport Rd
Sacramento CA 95834
John Milhous [email protected] 916-453-2780

Quote #:

7/21/2026

Quote Date:

7/21/2026

Contact:

Chris Rogers

Lead Time:

530-382-2740

Delivery Instructions:

Terms:

Net 30 Days

Ph #:

Preparer:

Janelle Joslin

Email:

30 Days ARO
FOB - Destination

Customer PO#:

2026 Morbark BVR16 Brush Chipper
EQUIPMENT AND OPTIONS
STANDARD UNIT:
• Morbark orange urethane paint system
• Dual horizontal feed wheels with hydraulic lift assist, manually applied hydraulic down pressure at the control panel, direct
drive bottom feed wheel with torque arm coupler and reversing automatic feed system
• Electronic three position control bar
• Gauge panel mounted on side of infeed
• 24" diameter x 24-5/8" wide staggered knife pocket drum with four (4) dual-edged chipper knives
• Manual crank swivel discharge with 360° rotation
• 30-gallon composite fuel tank with sight gauge and drain plug
• 12-gallon composite hydraulic reservoir with sight gauge and drain plug
• 6" x 3" tubular steel tongue with hitch plate
• 7-pin flat electrical connector
• 9,000# Torsion axle with electric brakes and break-away actuator
• Toolbox
• Complete set of manuals
• PSI 6.0L, 174-HP gasoline engine with Morbark ZeroClutch (centrifugal) in lieu of standard

$

MSRP
73,435.00

X

POWER OPTIONS:
• Caterpillar C4.4, 174-HP, Tier 4F diesel engine with Morbark ZeroClutch (centrifugal) in lieu of standard

$

MSRP
28,715.00

X

OPTIONS:
• Amber strobe light
• Hydraulic swivel discharge chute in lieu of standard
• Spare 235/75R x 17.5" tire and rim
• Spare tire mount

$
$
$
$

MSRP
500.00
1,480.00
640.00
560.00

X
X
X
X

COMMENTS:
Sourcewell #010925-MBI, Member ID #118020

TOTAL CALCULATION
F.O.B. Shipping Point and customer is responsible for freight
*Freight to be Added at time of Invoice*
*Material Surcharge to be Added at Time of Invoice*
Quantity Requested:

1

Entries
Configured Total
Sourcewell Discount
13.0%
Surcharge $ 2,271.48
Tax Applied
7.75%
Freight In $ 3,750.00
PDI $ 1,500.00
Extended Price

=
=
=
=
=
=
=

$
$
$
$
$
$

Calculation
105,330.00
(13,692.90)
2,271.48
7,277.91
3,750.00
1,500.00
$106,436.49

QUOTE IS VALID FOR 30 DAYS

Effective - 2/12/2026

Page 27 of 152

Colusa County
Agenda Request Form
Item ID#: 2026-654

Agenda Date: 8/25/2026

Item IV.3

PUBLIC WORKS DEPARTMENT
Subject
Resolution to Establish No Parking Zone in Arbuckle
Action Requested
Adopt the Resolution establishing a restrictive No Parking Zone along the east side of
Putnam Way, south of the Interstate 5 Access Road, as shown on Exhibit A, and
authorize the Road Commissioner to install and maintain the appropriate regulatory
signs necessary to implement and enforce the parking restriction.

Detailed Description
Putnam Way, located within the community of Arbuckle, has experienced recurring
issues associated with the prolonged parking of large commercial vehicles,
recreational vehicles, and other oversized equipment along the east side of the
roadway south of the Interstate 5 Access Road. In addition, the area has periodically
been used for unauthorized commercial activities and vehicle storage, resulting in
public complaints and creating ongoing maintenance and enforcement concerns.
The proposed action would establish a restrictive No Parking Zone along the east side
of Putnam Way, beginning at the Interstate 5 Access Road and extending southerly
approximately 680 feet, as depicted in Exhibit A attached to the Resolution. The
restriction prohibits any vehicle over 12,000 lbs (6 tons), or greater than 8 feet in height,
and is intended to preserve the safe and efficient operation of the roadway, improve
visibility, facilitate roadway maintenance, discourage unauthorized use of the public
right-of-way, and promote the health, safety, and welfare of the traveling public.
Pursuant to Sections 22507 and 22507.8 of the California Vehicle Code, local authorities
may prohibit or restrict the stopping, parking, or standing of vehicles on designated
highways or portions thereof by resolution or ordinance when appropriate signs or
markings are installed giving notice of the restriction. Following adoption of the
proposed Resolution, the Road Commissioner will be authorized to install and maintain
the necessary regulatory signage identifying the limits of the restrictive No Parking Zone
in accordance with the California Manual on Uniform Traffic Control Devices (CA
MUTCD).
Public Works staff has evaluated conditions along the east side of Putnam Way and
determined that the establishment of a restrictive No Parking Zone is warranted. The

Page 28 of 152

unrestricted parking currently occurring within the proposed limits has created
operational concerns, impeded routine roadway maintenance activities, reduced
sight distance in certain locations, and contributed to unauthorized occupancy of the
public right-of-way.
Enforcement of the parking restriction will become effective upon installation of the
required signage.

Fiscal Impact
The fiscal impact associated with this action is minimal. Public Works will install the
required regulatory signs using existing staff and available materials within the Road
Fund operating budget.

Personnel Impact
N/A
Contact
Scott Lanphier
Action for the Clerk
Provide a fully executed copy to:
Scott Lanphier: [email protected]
CC: [email protected]
Attachments:
1.
RESOLUTION V3
2.
EXHIBIT A - No Parking Zone 3

Page 29 of 152

RESOLUTION NO. 26A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF
COLUSA ESTABLISHING A PARKING RESTRICTION ALONG THE EAST SIDE OF
PUTNAM WAY SOUTH OF THE I-5 ACCESS ROAD
WHEREAS, the Colusa County Board of Supervisors is authorized by the California
Vehicle Code and applicable provisions of the Colusa County Code to regulate the parking of
vehicles on County roadways and County-controlled property; and
WHEREAS, the Board of Supervisors has previously established a parking restriction
along portions of Putnam Way prohibiting the parking of vehicles exceeding three (3) axles and
six (6) tons gross vehicle weight; and
WHEREAS, the Board has determined that expanding the existing parking restriction to
the east side of Putnam Way adjacent to County-owned property will promote public safety,
improve traffic circulation, preserve roadway access, and discourage the long-term parking of
large commercial vehicles; and
WHEREAS, the Director of Public Works/County Engineer has evaluated the proposed
parking restriction and recommends its adoption.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County
of Colusa as follows:
Section 1.
Parking is hereby prohibited for any vehicle and six (6) tons gross vehicle weight
or greater than eight (8) feet in height along the following location:
Colusa County property adjacent to Putnam Way on the east side, extending from
the I-5 Access Road approximately six hundred eighty (680) feet southerly.
Section 2.
The Director of Public Works/County Engineer is authorized to install and
maintain official traffic control signs giving notice of this parking restriction in
accordance with the California Vehicle Code and the California Manual on Uniform
Traffic Control Devices (CA MUTCD).
Section 3.
Upon installation of the appropriate regulatory signs, this parking restriction shall
become effective and enforceable pursuant to applicable provisions of the California
Vehicle Code.

Page 30 of 152

Section 4.
The Clerk of the Board shall certify to the adoption of this Resolution.
BE IT FURTHER RESOLVED that this Resolution shall become effective immediately upon
adoption.
PASSED AND ADOPTED this 25 day of August, 2026, by the following vote:
AYES:

NOES:

ABSENT:

____________________________________
J. Merced Corona, Board Chair

ATTEST: Joshua Pack, Clerk of the Board of
Supervisors
By ____________________________
Patricia Rodriguez, Deputy Clerk II
APPROVED AS TO FORM:
______________________________________
Richard Stout, County Counsel

Page 31 of 152

Page 32 of 152

Colusa County
Agenda Request Form
Item ID#: 2026-649

Agenda Date: 8/25/2026

Item IV.4

LIBRARY
Subject
California Library Literacy Services Grant Agreement and Mid-Year Report for Fiscal
Year 2026-2027.
Action Requested
Approve the California Library Literacy Services Grant Agreement and authorize the
Library Director to sign the Fiscal Year 2026-2027 Award Agreement and the
accompanying Mid-Year Report.
Detailed Description
Since 1986, the Colusa County Free Library has received annual grant funding from the
California State Library to support Family and Adult Literacy services, literacy
programming, the Literacy Coordinator position, and overall library operations. For the
2026-2027 fiscal year, the Library has been awarded $51,880 through this ongoing grant
program.
Fiscal Impact
The Literacy Program is funded through the California Library Literacy Services (CLLS)
grant administered by the California State Library and has no impact on the County
General Fund.
Personnel Impact
The CLLS grant funds a portion of the Literacy Coordinator position salary. No additional
staffing or personnel changes are associated with this item.
Contact
Stacey Costello
Action for the Clerk
Number agreement and obtain signatures.
Attachments:
1.
CLLS26-22-Colusa_County_Free_Library_Literacy

Page 33 of 152

Docusign Envelope ID: 7EEC10B2-9B55-8E6C-80B4-4CF81EFBFCFF

1 July 2026

Stacey Costello
Colusa County Free Library
738 Market Street
Colusa, CA 95932
Dear Stacey Costello,
We are pleased to provide funds to support your California Library Literacy Services program
and the important work that you, your staff, and your volunteers do in your community.

In Process

The state budget continues to provide $7.32 million in California Library Literacy Services
funding for Adult Literacy Services and Family Literacy Services.
Your total award amount for the 2026-2027 fiscal year beginning July 1, 2026, is:
Adult Literacy and Family Literacy Services: $51,880
Total Award: $51,880
California Library Literacy Services programs with Family Literacy Services will receive one
award total,
for the 2026-2027 project period. Your library is
responsible for allocating award funds between Adult Literacy Services and Family Literacy
Services to respond to community needs and for adhering to the following requirements:
At least 51 percent of the block grant award must be allocated to Adult Literacy
Services.
At least 26 percent of the block grant award must be allocated to Family Literacy
Services.
Programs who requested a fixed award for Family Literacy Services may adjust their
request by +/- 25 percent. Contact your state team for support.
Your award will be claimed in two stages. The claim form included in this award packet will
allow you to request the first 90% of your total award:
Total Initial Award Amount: $46,692
Information about claiming the rest of your award is included in the payment schedule at the
end of your award packet.
You must fully expend funds by September 30, 2027, in accordance with your approved
budget on file with the State Library.
Library Courts Building
P.O. Box 942837
Sacramento, CA 94237-0001

916-323-9759
[email protected]
www.library.ca.gov
Page 34 of 152

Docusign Envelope ID: 7EEC10B2-9B55-8E6C-80B4-4CF81EFBFCFF

Review the California Library Literacy Services Allowable and Unallowable Expenses guidelines
on the Manage Your Current Grant page to ensure project expenditures are consistent with
the California Library Literacy Services allowable expenses. If you have questions about
expenses or expending award funds, contact your state grant team at [email protected].
We strongly encourage your program staff to develop and maintain community partners to
strengthen your program, attend regular regional library literacy network meetings, participate
in your local Adult Education Consortium/a, and participate in library literacy training
opportunities offered by the regional networks and the State Library to meet the California
Library Literacy Services Mission, Values, and Program Essentials. Additional California Library
Literacy Services resources can be found on the California Library Literacy Services webpage.

In Process

The payment process begins when we receive your completed and signed claim form,
certification form, and State Funded Grants Award Agreement and Certificate of Compliance
included in this packet. All forms should be completed and signed through Docusign to be
processed for payment.
Our library literacy staff are available to assist you throughout the year. Contact your Program
Consultant Lisa Lindsay and your Grant Monitor Amanda Gamon at [email protected] with
any questions.
Thank you for your willingness to do so much for those in your community. Best wishes for a
successful year.
Respectfully yours,

Greg Lucas
California State Librarian
Cc:

Lisa Lindsay, [email protected]
Amanda Gamon, [email protected]
State Library Fiscal Office, [email protected]
Pamela DaGrossa, [email protected]

Enc: Re: CLLS26-22: Claim form, certification form, and State Funded Grants Award
Agreement and Certificate of Compliance

Library Courts Building
P.O. Box 942837
Sacramento, CA 94237-0001

916-323-9759
[email protected]
www.library.ca.gov
Page 35 of 152

Docusign Envelope ID: 7EEC10B2-9B55-8E6C-80B4-4CF81EFBFCFF

THE BASICS YOUR GRANT AWARD
The following provides all the basic information about your grant and managing your
grant.
Award #: CLLS26-22
Library/Organization: Colusa County Free Library
Project Title: California Library Literacy Services
Award Amount: $51,880
Start Date: July 1, 2026
End Date: September 30, 2027
NOTE: It can take six to eight weeks before grant funds are delivered. If you have not
received your payment after eight weeks, contact your grant monitor.

In Process

GRANT AWARD INFORMATION
A copy of your approved budget is included in this packet. You can access your full
grant award information and manage your grant through the grant management
system, Euna Grants.
BUDGET AMENDMENTS
You are required to submit a budget amendment for all budget changes regardless of
amount. Amendments may be submitted throughout the year but no later than 30 days
before a reporting period report is due. The amendment due dates are detailed below:
7/1/2026

12/31/2026 Financial Report

Due November 30, 2026

1/1/2027

6/30/2027 Financial Report

Due May 31, 2027

7/1/2027

9/30/2027 Financial Report

Due August 31, 2027

REPORTING
California Library Literacy Services participants are required to provide financial and
narrative reports as outlined in the grant terms and conditions. The reporting schedule is
detailed below:
Mid-Year Report
7/1/2026 12/31/2026 Financial Report
Final Report
1/1/2027 6/30/2027 Financial Report
7/1/2027 9/30/2027 Financial Report
(Optional)
Library Courts Building
P.O. Box 942837
Sacramento, CA 94237-0001

Due January 31, 2027
Due August 18, 2027
Due October 15, 2027
916-323-9759
[email protected]
www.library.ca.gov
Page 36 of 152

Docusign Envelope ID: 7EEC10B2-9B55-8E6C-80B4-4CF81EFBFCFF

Reports will be submitted through the Euna Grants grant management system. You can
find support documents on the
Manage Your Current Grant
page.
PAYMENTS
Libraries receive 90% of their total award amount upon receipt of the award letter.
Libraries receive the final 10% payment of their total award after successful completion of
the California Library Literacy Services Mid-Year Report and 7/1/2026 12/31/2026
Financial Report.
NOTE: Libraries have 15 months to spend their California Library Literacy Services award
funds, from July 1, 2026, in which the funds are awarded until September 30 of the
following year.
CONTACT
We want your project to be successful. Please work with your grant monitor and
program consultant to implement your project:

In Process

Grant Monitor: Amanda Gamon

Monitor Phone Number: 916-603-6710
Monitor Email Address: [email protected]
Program Consultant: Lisa Lindsay

Consultant Phone Number: 916-603-6708
Consultant Email Address: [email protected]

Library Courts Building
P.O. Box 942837
Sacramento, CA 94237-0001

916-323-9759
[email protected]
www.library.ca.gov
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STATE-FUNDED GRANTS

In Process

AWARD AGREEMENT AND

CERTIFICATE OF COMPLIANCE

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California Library Literacy Services
2026-2027 CLLS26-22
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TABLE OF CONTENTS
PROJECT SUMMARY

2

PROCEDURES and REQUIREMENTS

3

In Process

A. Term of the Agreement

3

B. Scope of Work

3

C. Budget Detail

3

D. Narrative and Financial Reports

4

E. Claim Form and Payment

5

EXHIBIT A: TERMS and CONDITIONS

7

EXHIBIT B: CERTIFICATION of COMPLIANCE FORMS

22

EXHIBIT C: CALIFORNIA LIBRARY LITERACY SERVICES
GUIDELINES

25

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PROJECT SUMMARY
AWARD AGREEMENT BETWEEN THE STATE LIBRARY and Colusa County Free Library
for the California Library Literacy Services project.
AWARD AGREEMENT NUMBER CLLS26-22
This Award Agreement
and between the California State Library
Free Library

July 1, 2026, by
Colusa County

State Library

In Process

-funded California

Library Literacy Services project.

The Library Development Services Bureau
administers state and federal funds in the form of awards.
The Grantee was selected by the State Library to receive state grant funds
in the amount of $51,880 through the process adopted by the State Library in
administering such grants.
The State Library and the Grantee, for consideration and under the
conditions hereinafter set forth in the Grant Agreement, agree as follows:

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PROCEDURES and REQUIREMENTS
A. Term of the Agreement
The Grant term begins on the date of execution of the Agreement by both parties, until
September 30, 2027. If completion of the project occurs prior to the end of the grant
period, this will be the end date of the term of this agreement. Grant eligible program
expenditures may begin no earlier than the start date. The project period ends on June
30, 2027, and all eligible program costs must be incurred by this date.

In Process

B. Scope of Work

1. Grantee agrees to perform all project activities specifically identified in the
the
California Library Literacy Services and any additional provisions detailed in the
accompanying award letter.
2. The following activities and deliverables to be performed by the Grantee
include, but are not limited to the following:
Maintain and keep records of expenditures related to the grant that are
consistent with Generally Acceptable Accounting Practices (GAAP).
Make financial records available to the State Library upon request.
Work with the State Library staff to ensure that funds are disbursed in
compliance with the purpose of the grant.
Prepare and submit required narrative and financial reports.
Procure equipment and other supplies as needed for the project.
Issue contracts for services, personnel, and consultants as needed for the
project. Grantees must utilize a contract or agreement when contracting for
goods and services, including consultants, or when issuing a subgrant.
If applicable, make payments for services, including for hours worked and
travel reimbursements, to consultants and contractors.
Oversee the implementation of project activities.

C. Budget Detail
The State Library shall provide the Grantee with funding for the expenses incurred in
cation. The

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Grantee shall request the distribution of grant funding consistent with its proposal and
the budget worksheet that was included with the application. Under no circumstances
shall payments exceed the total grant amount identified in this Agreement.

D. Narrative and Financial Reports
1. The Grantee shall be responsible for submission of interim and final narrative and
financial reports on the progress and activities of the project to the California
State Library, using the sample report documents provided by the California
State Library.
2. All the reports must be current, including all required sections and documents,
and must be approved by the Grant Monitor before any payment request can
be processed. Failure to comply with the specified reporting requirements may
be considered a breach of this Agreement and result in the termination of the
Agreement or rejection of the payment request and/or forfeiture by the Grantee
of claims for costs incurred that might otherwise have been eligible for grant
funding. Any problems or delays must be reported immediately to the Grant
Monitor. The financial reports shall reflect the expenditures made by the
Grantee under the Agreement and may be incorporated into the same
reporting structure as the narrative reports.

In Process

3. The reports shall be submitted by the following dates:
Reporting Period

Report

Due Date

July 1

December 31

Mid-Year Report
7/1/2026 12/31/2026 Financial Report

January 31, 2027

July 1

June 30

Final Report
1/1/2027 6/30/2027 Financial Report

August 18, 2027

July 1

September 30

7/1/2027 9/30/2027 Financial Report
(Optional)

October 15, 2027

4. Failure to submit timely reports with the appropriate documentation by the due
date may result in rejection of the payment request and/or forfeiture by the
Grantee of claims for costs incurred that might otherwise have been eligible for
grant funding.
5. The Grantee agrees to maintain records and support documentation pertaining
to the performance of this grant, subject to possible audit for a minimum of five
(5) years after final payment date or grant term end date, whichever is later.
Please refer to Exhibit A, Terms and Conditions for more information.
6. In addition to the foregoing, the Grantee shall submit to the State Library such
periodic reports, updates, documents and any information as deemed

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necessary by the State Library to monitor compliance and/or perform program
evaluation. Any requested data or information shall be submitted in electronic
format on a form specified by the State Library.
7. Reporting instructions are detailed in the report forms which are located within

instructions are also included in the in the Euna Award Management Instructions
on the Manage Your Current Grant webpage.

E. Claim Form and Payment
1. The California State Library shall provide the Grantee payment as outlined in the
payment schedule only if all requirements for claiming the funds as outline in this
document have been met, and only for those activities and costs specified in
the approved award application.

In Process

2. The Grantee shall complete, sign, and submit Certification of Compliance form
(Exhibit B) and the Financial Claim form (included in your award packet), to the
California State Library within 14 days of receiving this award packet. These forms
will be issued, signed, and submitted using the online signature and agreement
platform, DocuSign, unless DocuSign is unallowable or inconsistent with practices
and policies of the local jurisdiction. If the use of DocuSign is not acceptable to
your organization, please contact your grant monitor regarding alternate
options.
3. Any of the sums appearing under the categories in the approved budget may
be adjusted with prior authorization from the California State Library Grant
Monitor. This would be to increase the allotment with the understanding that
there will be corresponding decreases in the other allotments so that the total
amount paid by the California State Library to the Grantee under this Agreement
shall not exceed the awarded amount, which shall be expended/encumbered
during the grant period.
4. If the payment amount made by the California State Library exceeds the actual
expenses incurred during the term of this Agreement, as reflected in the financial
reports to be filed by the Grantee, the Grantee shall immediately refund the
excess payment amount to the California State Library.
5. The Award
responsibility to pay all contractors and subcontractors for purchased goods and
services.
6. The Final Payment of 10% (if applicable) will be withheld and retained by the
California State Library until all conditions agreed upon in this Agreement,
including submission and grant monitor approval of the interim and final
narrative and financial reports, have been satisfied.

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7. Prompt Payment Clause
The California State Library will make payments to the Grantee in accordance
with the Prompt Payment Clause under Government Code, section 927, et. seq.
The Grantee may typically expect payment within 45 days from the date a grant
payment request is properly submitted and approved by the Grant Monitor.
8. Budget Contingency Clause
a. It is mutually agreed that if the Budget Act of the current fiscal year or any
subsequent years covered under this Agreement does not appropriate
sufficient funds for the program, this Agreement shall no longer be in full force
and effect. In this event, the California State Library shall have no liability to
pay any funds whatsoever to the Grantee or to furnish any other
considerations under this Agreement and the Grantee shall not be obligated
to fulfil 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, the California State Library shall have the option to
either cancel this Agreement with no liability occurring to itself or offer an
Agreement amendment to the Grantee to reflect the reduced amount.
c. The California State Library has the option to amend the grant award to
reflect any reduction of funds.

In Process

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EXHIBIT A: TERMS and CONDITIONS
1. Accessibility: The State is responsible for ensuring that public websites are accessible
to both the public and state employees, including people with disabilities. Grantee
shall assist the State in meeting its responsibility. Therefore, all project materials
generated by state funded programs must meet the California Accessibility
Standards. Additionally, all project materials designed, developed, and maintained
shall follow the California Government Code, sections 7405 and 11135, and the
current Web Content Accessibility Guidelines, as published by the Web Accessibility
Initiative of the World Wide Web Consortium at a minimum Level AA success
criterion.

In Process

However, if for some reason project material is not generated to comply to meet
these standards, please submit it to the State Library. When submitting the material
in the file name.
The California State Library reserves the right to post project materials to its website
that follow these standards.
2. Acknowledgment: The State of California and the California State Library shall be
acknowledged in all promotional materials and publications related to the
California Library Literacy Services project.
a. Grant award recipients must ensure that the State of California receives full
credit as the source of funds and that the California State Library, likewise, is
acknowledged as the administrator.
b. Publications and information releases about the project must be credited to
the State of California. An appropriate statement for a publication or project
press release is:
[publication/project] was supported in whole or in part by
funding provided by the State of California, administered by the
California State Library
Grantees must include the above statement in any publications, vehicle
wraps, and promotional materials, including websites. If space is limited the
State Library logo and the following shortened acknowledgement statement
is acceptable:

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2026-2027 CLLS26-22
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c. This credit line on products of a project, such as materials, is important to
foster support from the public, and state funding sources.
d. California State Library Logo: Use of the California State Library logo, which
can be downloaded on the California State Library website, is required on
any publication, vehicle wrap, or promotional material along with the above
statement(s).
e. Photo Documentation: Digital photos are a great way to document the
happenings of your project. It is recommended that you use a photo release
release form or contact

3. Agency: In the performance of this Agreement the Grantee and its agents and
employees shall act in an independent capacity and not as officers, employees
or agents of the California State Library. The Grantee is solely responsible for all
activities supported by the grant. Nothing in this Agreement creates a
partnership, agency, joint venture, employment, or any other type of relationship
between the parties. The Grantee shall not represent itself as an agent of the
California State Library for any purpose and has no authority to bind the State
Library in any manner whatsoever.

In Process

4. Amendment: No amendment or variation of the terms of this Agreement shall
be valid unless made in writing, signed by the parties, and approved as required.
No oral understanding or agreement not incorporated into this Agreement is
binding on any of the parties. This Agreement may be amended, modified or
augmented by mutual consent of the parties, subject to the requirements and
restrictions of this paragraph.
5. Applicable law: The laws of the State of California shall govern all proceedings
concerning the validity and operation of this Agreement and the performance
of the obligations imposed upon the parties hereunder. The parties hereby
waive any right to any other venue. The place where the Agreement is entered
into and place where the obligation is incurred is Sacramento County, California.
6. Assignment, Successors, and Assigns: The Grantee may not assign this
Agreement or delegate its performance to any third-party person or entity, either
in whole or in part
provisions of this Agreement shall be binding upon and inure to the benefit of the
California State Library, the Grantee, and their respective successors and assigns.
7. Audit and Records Access: The Grantee agrees that the California State Library,
the Department of General Services, the State Auditor, or their designated
representatives shall have the right to review, audit, inspect and copy any
records and supporting documentation pertaining to the performance of this
Agreement. The Grantee agrees to maintain such records for possible audit for
a minimum of five (5) years after the final payment, or grant term end date,
whichever is later, unless a longer period of records retention is stipulated, or until

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completion of any action and resolution of all issues which may arise as a result
of any litigation, dispute, or audit, whichever is later. The Grantee 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, the Grantee agrees to include a similar right of
the State to audit records and interview staff in any subcontract related to
performance of this Agreement.

Examples of audit documentation may include, but not limited to, competitive
bids, grant amendments, if any, relating to the budget or work plan, copies of
any agreements with contractors or subcontractors if utilized, expenditure
ledger, payroll register entries, time sheets, personnel expenditure summary form,
travel expense log, paid warrants, contracts and change orders, samples of
items and materials developed with grant funds, invoices and/or cancelled
checks.
8. Authorized Representative: Grantee and the California State Library mutually
represent that their authorized representatives have the requisite legal authority
to sign on their
behalf.

In Process

9. Communication: All communications from either party, including an interim
check-in at any time during the grant term, shall be directed to the respective
grant manager or representative of the California State Library or Grantee. For
this purpose, the following contact information is provided below:
Colusa County Free Library
Stacey Costello
738 Market Street
Colusa, CA 95932
[email protected]

California State Library
Amanda Gamon
900 N Street
Sacramento, CA 95814
[email protected]
916-603-6710

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1. Confidentiality: Grantee will maintain as confidential any material it receives
or produces that is marked Confidential or is inherently confidential or is
protected by privilege. Grantee agrees to alert the State Library to this
status in advance, and State Library agrees to maintain this status in
conformity with the Public Records Act.
2. Contractor and Subcontractors: Nothing contained in this Grant Agreement
or otherwise shall create any contractual relation between the State and
any contractor or subcontractors, and no contract or subcontract shall
relieve the Grantee of his or her responsibilities and obligations hereunder.
The Grantee agrees to be fully responsible to the State for the acts and
omissions of its contractors, subcontractors, volunteers, student interns and
of persons either directly or indirectly employed by any of them as it is for
the acts and omissions of persons directly employed by the Grantee. The

In Process

the Grantee. As a result, the State shall have no obligation to pay or to
enforce the payment of any monies to any contractor or subcontractor.
3. Copyright: Grantee owns and retains titles to any copyrights or
copyrightable material from any original works that it creates within the
scope of this Agreement in accordance with the federal Copyright Act. (17
U.S.C. 101, et seq.) Grantee is responsible for obtaining any necessary
licenses, permissions, releases or authorizations to use text, images, or other
materials owned, copyrighted, or trademarked by third parties and for
extending such licenses, permissions, releases, or authorizations to the
California State Library pursuant to this section. Also, the California State
Library may upload, post or transmit copyrighted material produced or
purchased with grant funds on a California State Library website for public
access and viewing.
4. Discharge of Grant Obligations: The Grantee's obligations under this
Agreement shall be deemed discharged only upon acceptance of the final
report by California State Library. If the Grantee is a non-profit entity, the
e final
report prior to its submission to California State Library.
5. Dispute Resolution: In the event of a dispute, Grantee will discuss the
problem informally with the Grant Monitor. If unresolved, the Grantee shall
file a written
Grant Monitor within
ten (10) days of discovery of the problem. Within ten (10) days of receipt,
the Grant Monitor shall meet with the Grantee for purposes of resolving the
dispute. Any dispute arising under the terms of this Agreement which is not
disposed of within a reasonable period, the Grantee may bring it to the
attention of the State Librarian or the designated representative. The
decision of the State Librarian or designated representative shall be final.
Unless otherwise instructed by the Grant Monitor, the Grantee shall continue
with its responsibilities under this Agreement during any dispute.
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6. Drug-free Workplace: The Grantee certifies under penalty of perjury under
the laws of California that the Grantee will comply with the requirements of
the Drug-Free Workplace Act of 1990 (Gov. Code, § 8350 et. seq.) and will
provide a drug-free workplace by taking the following actions:

a. Publish a statement notifying employees that unlawful manufacture,
distribution, dispensation, possession or use of a controlled substance is
prohibited and specifying actions to be taken against employees for
violations.
b. Establish a Drug-Free Awareness Program to inform employees about all
the following:
1) The dangers of drug abuse in the workplace.
2)
-free workplace.
3) Any available counseling, rehabilitation and employee assistance
programs.
4) Penalties that may be imposed upon employees for drug abuse
violations.

In Process

c. Require that every employee who works on the Agreement will:

1) Receive a copy of the
s drug-free workplace policy
statement.
2) Agrees to abide by the terms of the
s statement as a
condition of employment on the Agreement.
Failure to comply with these requirements may result in suspension of
payments under the Agreement or termination of the Agreement or both
and grantee may be ineligible for award of any future state agreements if
the California State Library determines that the grantee has made a false
certification or violated the certification by failing to carry out the
requirements as noted above.
7. Effectiveness of Agreement: This Agreement is of no force or effect until
signed by both parties.
8. Entire Agreement: This Agreement supersedes all prior agreements, oral or
written, made with respect to the subject hereof and, together with all
attachments hereto, contain the entire agreement of the parties.
9. Exclusive Agreement: This is the entire Agreement between the California
State Library and Grantee.
10. Executive Order N-6-22-Russia Sanctions: The Grantee shall comply with
Executive Order N-6-22 (the EO) regarding Economic Sanctions against

Ukraine, as well as any sanctions imposed under state law. The EO directs
state agencies to terminate grant agreements with, and to refrain from
entering any new grant agreements with, individuals or entities that are
determined to be a target of Economic Sanctions. Accordingly, should the
State determine Grantee is a target of Economic Sanctions or is conducting
prohibited transactions with sanctioned individuals or entities, that shall be
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grounds for termination of this agreement. The State shall provide Grantee
advance written notice of such termination, allowing Grantee at least 30
calendar days to provide a written response. Termination shall be at the sole
discretion of the State.
11. Extension: The State Librarian or designee may extend the final deadline for
must be made in writing and received by the California State Library at least
30 days prior to the final deadline.
12. Failure to Perform: The grant being utilized by the Grantee is to benefit the
California Library Literacy Services project. If the Grant Monitor determines
the Grantee has not complied with this Agreement, the Grantee may forfeit
the right to reimbursement of any grant funds not already paid by the
California State Library, including, but not limited to, the ten percent (10%)
withhold.

In Process

13. Federal and State Taxes: The State Library shall not:

a. Withhold Federal Insurance Contributions Act (FICA) payments from
behalf; or
b. Make Federal or State unemployment insurance contributions on
c.
Grantee shall pay all taxes required on payments made under this
Agreement including applicable income taxes and FICA.
14. Force Majeure: Neither the California State Library nor the Grantee, its
contractors, vendors, or subcontractors, if any, shall be responsible
hereunder for any delay, default, or nonperformance of this Agreement, to
the extent that such delay, default, or nonperformance is caused by an act
of God, weather, accident, labor strike, fire, explosion, riot, war, rebellion,
sabotage, flood, or other contingencies unforeseen by the California State
Library or the Grantee, its contractors, vendors, or subcontractors, and
beyond the reasonable control of such party.
15. Forfeit of Grant Funds and Repayment of Funds Improperly Expended: If
grant funds are not expended, or have not been expended, in accordance
with this Agreement, the State Librarian or designee, at his or her sole
discretion, may take appropriate action under this Agreement, at law or in
equity, including requiring the Grantee to forfeit the unexpended portion of
the grant funds, including, but not limited to, the ten percent (10%)
withhold, and/or to repay to the California State Library any funds
improperly expended.
16. Fringe Benefit Ineligibility: Grantee agrees that neither the Grantee nor its
employees and contract personnel are eligible to participate in any
employee pension, health benefit, vacation pay, sick pay or other fringe
benefit plan of the State of California or the State Library.

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17. Generally Accepted Accounting Principles: The Grantee is required to use
Generally Accepted Accounting Principles in documenting all grant
expenditures.

18. Grant Monitor: The Grant
responsibilities include monitoring grant
progress, and reviewing and approving Grant Payment Requests and other
documents delivered to the California State Library pursuant to this
Agreement. The Grant Monitor may monitor Grantee performance to
ensure Grantee expends grant funds appropriately and, in a manner,
consistent with the terms and conditions contained herein. The Grant
Monitor does not have the authority to approve any deviation from our
revision to the Terms and Conditions (Exhibit A) or the Procedures and
Requirements unless such authority is expressly stated in the Procedures and
Requirements.
19. Grantee: the government or legal entity to which a grant is awarded and
which is accountable to the California State Library for the use of the funds
provided.

In Process

a. The grantee will make reports to the State Librarian in such form and
contain such information as may be required to ensure the proper
use
agreement. The grantee will keep such records and afford such
access as the California State Library may find necessary to assure
the correctness and verification of such reports.
20. Grantee Accountability: The Grantee is ultimately responsible and
accountable for the manner in which the grant funds are utilized and
accounted for and the way the grant is administered, even if the Grantee
has contracted with another organization, public or private, to administer or
operate its grant program. In the event an audit should determine that
grant funds are owed to the California State Library, the Grantee is
responsible for repayment of the funds to the California State Library.
21. Grantee Funds: It is mutually agreed that the Grantee is responsible for
furnishing funds beyond the grant award that may be necessary to
complete the project.
22. Independent Action: Grantee reserves the right to fulfill its obligations under
this Agreement in an independent manner, at any location and at any time
within the agreedpersonnel shall perform all services required by this Agreement, but their
time need not be devoted solely to fulfilling obligations under this
Agreement. Grantee shall furnish all equipment and materials used to meet
its obligations and complete the Project. The State Library shall not provide
any personnel or other resources beyond the grant award and is not
required to provide training in connection with this Agreement.
23. Indemnification: Grantee agrees to indemnify, defend and save harmless
the State of California, the California State Library and its officers,

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employees, and agents, from any and all claims, losses, and liabilities
accruing or resulting to any and all contractors, subcontractors, suppliers,
laborers and any other person, firm or corporation furnishing or supplying
work services, materials, or supplies in connection with the performance of
this Agreement, and from any and all claims and losses accruing or resulting
to any person, firm or corporation who may be injured or damaged by
Grantee in the performance of this Agreement.
24. License to Use: The California State Library reserves a fully paid-up, royaltyfree, nonexclusive, sub-licensable and irrevocable license to reproduce,
publish, prepare derivative works, distribute or otherwise use, and to
authorize third parties to use, any material received or maintained by
Grantee in connection with this Agreement. This includes intellectual
property, with or without third-party rights. All such usages will be for public
library and State governmental purposes:

In Process

a. The copyright in any work developed under this grant, sub-grant, or
contract under this grant or sub-grant; and
b. Any rights of copyright to which a Grantee, sub-grantee, or a
contractor purchases ownership with grant support.
25. Limitation of Expenditure: Expenditure for all projects must conform to the
approved budget and with applicable State laws and
regulations. The total amount paid by the California State Library to the
Grantee under this agreement shall not exceed $51,880 and shall be
expended/encumbered in the designated award period.
During the award period, the grantee may find that the awarded budget
may need to be modified. Budget changes, requests for additional funds, or
requests for reductions in award funding must be discussed with the
assigned State Library Grant Monitor and a Grant Award Modification may
be required to be submitted according to the instructions. Approval is by
the State Librarian or their designee. Adjustments should be reported on the
next financial report. Any adjustments in approved budget must be
documented and documentation retained in project accounts.
26. Lobbying: Grantee confirms that the grant funds will not be used for the
purposes of lobbying or otherwise attempting to influence legislation, as
those purposes are defined by the U.S. Internal Revenue Code of 1986.
27. Non-Discrimination Clause: During this grant period, the Grantee and the
contractors, and subcontractors shall not unlawfully discriminate,
harass, or allow harassment against any employee or applicant for
employment because of race, religious creed, color, national origin,
ancestry, physical disability, mental disability, medical condition, genetic
information, marital status, sex, age, sexual orientation, or military and
veteran status. Grantee shall ensure that the evaluation and treatment of
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contractors, employees and applicants for employment are free from such
discrimination and harassment.
Additionally, Grantee, contractors, and subcontractors, if applicable, shall
comply with the provisions of the Fair Employment and Housing Act (Gov.
Code §12900 et seq.), the regulations promulgated thereunder (Cal. Code
Regs., tit. 2, §11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1,
Division 3, Title 2 of the Government Code (Gov. Code §§ 11135-11139.5),
and the regulations or standards adopted by the California State Library to
implement such article.
Grantee shall permit access by representatives of the Department of Civil
Rights and the California State Library upon reasonable notice at any time

to such of its books, records, accounts, and all other sources of information
and its facilities as said Department or the California State Library shall
require ascertaining compliance with this clause. Grantee, and its
contractors, and subcontractors shall give written notice of their obligations
under this clause to labor organizations with which they have a collective
bargaining or other agreement. (See Cal. Code Regs., tit. 2, §11105.)
Grantee shall include the non-discrimination and compliance provisions of
this clause in all contracts and subcontracts to perform work under the
Agreement.

In Process

28. Notices: All notices and other communications in connection with this
Agreement shall be in writing, and shall be considered delivered as follows:
a. Electronic Mail (E-mail): When sent by e-mail to the last e-mail
address of the recipient known to the party giving notice. Notice is
effective upon transmission.
b. DocuSign (e-signature platform): When sent via DocuSign a
notification will be sent to the last e-mail address of the recipient
known to the party giving notice. Notice is effective upon
transmission.
c. Grants Management System: When sent via / uploaded to the
will be sent to the last e-mail address of the recipient known to the
party giving notice. Notice is effective upon transmission.
d. Personally:
address as stated in this Agreement.
e. U.S. Mail: Five days after being deposited in the U.S. Mail, postage
prepaid and
Agreement.
29. Order of Precedence: The performance of this Agreement shall be
conducted in accordance with the Terms and Conditions, Procedures and
Requirements, Certificate of Compliance, Project Summary, Activities
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California Library Literacy Services
2026-2027 CLLS26-22
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Timeline, and Budget, of this Agreement, or other combination of exhibits
specified on the Grant Agreement Coversheet attached hereto
incorporated
herein by this reference. In the event of conflict or inconsistency between
the articles, exhibits, attachments, specifications or provisions that constitute
this Agreement, the following order of precedence shall apply:
a. Grant Agreement Coversheet and any Amendments thereto
b. Terms and Conditions
c. Procedures and Requirements
d. Certificate of Compliance
e. Project Summary
f.
, including Budget and Activities, Timeline,
and any additional provisions detailed in the accompanying
award letter.
g. All other attachments hereto, including any that are incorporated
by reference.

In Process

30. Payment:
a. The approved Budget, if applicable, is attached hereto and
incorporated herein by this reference and states the maximum
amount of allowable costs for each of the tasks identified in the
Project Summary and Activity Timeline included in the project
application. California State Library shall provide funding to the
Application at only those costs specified in the Budget and incurred
in the term of the Agreement.
b. The Grantee shall carry out the work described in the Work Plan or in

or modifications to the Work Plan, approved project as described in
performing the changed work or incurring the changed cost. If the
Grantee fails to obtain such prior written approval, the State Librarian
or designee, at his or her sole discretion, may refuse to provide funds
to pay for such work or costs.
c. The Grantee shall request funds in accordance with the funding
schedule included in this agreement.
d. Ten percent (10%) will be withheld from the Payment Request (if
applicable) and paid at the end of the grant term, when all reports
and conditions stipulated in this Agreement have been satisfactorily
completed. Failure by the grantee to satisfactorily complete all
reports and conditions stipulated in this Agreement may result in
forfeiture of any such funds withheld.

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e.

Colusa County Free Library
California Library Literacy Services
2026-2027 CLLS26-22
Page 17 of 28

to the amounts authorized in the California State Administrative
Manual (contact the Grant Monitor for more information).
f. Payment will be made only to the Grantee.
g. Reimbursable expenses shall not be incurred unless and until the
grantee receives a Notice to Proceed as described in the
Procedures and Requirements.
31. Personal Jurisdiction: The Grantee consents to personal jurisdiction in the
State of California for all proceedings concerning the validity and operation
of this Agreement and the performance of the obligations imposed upon
the parties. Native American Tribal grantees expressly waive tribal sovereign
immunity as a defense to all proceedings concerning the validity and
operation of this Agreement and the performance of the obligations
imposed upon the parties.

In Process

32. Personnel Costs: Any personnel expenditure to be paid for with grant funds
must be computed based on actual time spent on grant-related activities
and on the actual salary or equivalent hourly wage the employee is paid
for their regular job duties, including a proportionate share of any benefits
to which the employee is entitled.
33. Pledge: This Agreement shall not be interpreted to create any pledge or
any commitment by the State Library to make any other or further grants or
contributions to Grantee, or any other person or entity in connection with
the Project. It is mutually agreed that Grantee is responsible for furnishing
funds beyond the grant award that may be necessary to complete
outcomes or deliverables.
34. Privacy Protection: Both parties agree to protect the confidentiality of any
non-public, personal information that may be contained in materials
received or produced in connection with this Agreement, as required by
Civil Code, section 1798, et. seq.
35. Prohibited Use: The expenditure under this program shall not be used to
supplant Grantee efforts in other grant programs provided by the California
State Library.
36. Public Records Act: Material maintained or used by the California State
) at
Government Code, sections 6250, et. seq. This includes the Interim and Final
reports, and any other written communications between the parties.
Grantee agrees to ensure that all content contained in its written reports is
appropriate for publication. Said material, along with all other reports,
documentation and data collected during the term of the Agreement, will
be subject to disclosure unless it qualifies for exemption under the PRA in
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California Library Literacy Services
2026-2027 CLLS26-22
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whole or in part. Grantee agrees to alert the State Library as to a basis for
exemption, if any exists.

37. Publicity Obligations: Grantee will notify the State Library of any promotional
materials or publications resulting from the grant no later than five (5) days
in advance of distribution, whether they are print, film, electronic, or in any
other format or medium. Copies of all promotional materials will be
support as noted above. Grantee agrees that the State Library may
include information about this grant and its outcomes in its own annual
reports, with specific reference to Grantee, and may distribute such
information to third parties.
38. Records: Communications, grant-related documents, data, original
receipts, and invoices must be maintained by Grantee and shall be made
available to the State Library upon request. Grantee agrees to maintain
adequate grant program records and adequate financial records
consistent with generally accepted accounting practices, and to retain all
records for at least five (5) years after the end-of-term. The State Library

In Process

ensure compliance with this Agreement, with reasonable advance notice.
39. Reduction of Waste: In the performance of this Agreement, Grantee shall
take all reasonable steps to ensure that materials purchased or utilized
during the project are not wasted. Steps should include but not be limited
to the use of used, reusable, or recyclable products; discretion in the
number of materials used; alternatives to disposal of materials consumed;
and the practice of other waste reduction measures where feasible and
appropriate.
40. Reimbursement Limitations: Under no circumstances shall the Grantee seek
reimbursement pursuant to this Agreement for a cost or activity that has
been or will be paid for through another funding source. The Grantee shall
not seek reimbursement for any costs used to meet cost sharing or match
requirements of any other California State Library funded program.
41. Reports and Claims: It is the responsibility of the grantee to make the
required reports and claims to the California State Library.
a. The grantee shall be responsible for submitting to the State Library
Narrative Reports detailing progress and activities. The reports are
due on the dates specified in the reporting schedule detailed in the
Procedures and Requirements section.
b. The grantee shall be responsible for submitting to the State Library
Financial Reports reflecting grantee expenditure activity. The reports
are due on the dates specified in the reporting schedule detailed in
the Procedures and Requirements section.
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2026-2027 CLLS26-22
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c. To obtain payment hereunder the grantee shall submit authorized
claims provided by the State Library for that purpose, on each of the
following mentioned dates for payment, and the California State
Library agrees to reimburse the library as soon thereafter as State
fiscal procedures will permit.
d. The final 10% of the grant award (if applicable) is payable only upon
approval of all final reports and receipt of claim form. Failure to
administrative duty under the award.
e. Payment will be provided to cover the expenditures incurred by the
grantee for the project in the following manner:
o $46,692 upon execution of the agreement and submission of
claim by the grantee organization.
o A second payment will be made after the submission and
approval of the first reports and receipt of claim form in the
amount of $5,188.

In Process

All expenditures for which
42. Selfreimbursement pursuant to this Agreement is sought shall be the result of
-length transactions and not the result of, or motivated by, self-dealing
on the part of the Grantee or any employee or agent of the Grantee. For
pur
both parties are on equal footing and fair market forces are at play, such as
business and
where an individual or entity is obligated to act as a trustee or fiduciary, as
when handling public funds, and chooses to act in a manner that will
benefit the individual or entity, directly or indirectly, to the detriment of, and
in conflict with, the public purpose for which all grant monies are to be
expended.
43. Severability: If any part of this Agreement is found to be unlawful or
unenforceable, such provisions will be voided and severed from this
Agreement, but the remainder of the provisions in the Agreement will
remain in full force and effect.
44. Site Visits: The Grantee shall allow the California State Library to access and
conduct site visits, with reasonable notice, at which grant funds are
expended and related work being performed at any time during the
performance of the work and for up to ninety (90) days after completion of
the work, or until all issues related to the grant project have been resolved.
A site visit may include, but not be limited to, monitoring the use of grant
funds, providing technical assistance when needed, and visiting the State
funded project.

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California Library Literacy Services
2026-2027 CLLS26-22
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45. Termination: The Agreement shall be subject to termination by the State
Librarian or designee upon notice to the Subrecipient at least thirty (30)
days prior to the effective date of termination. In the event this agreement
is terminated, the Subrecipient shall deliver to the State Librarian, prior to the
copies of all reports, accounting, data,
and materials prepared up to the date of termination as well as final close
out reports. The State Librarian shall determine and pay the Subrecipient for
necessary and appropriate expenditures and obligations up to the date of
termination which have not been covered by prior installments previously
paid to the Subrecipient.
a. Upon such termination, the unused portion of the grant award must
be returned to the California State Library within 45 days. If funding
has been advanced to the Subrecipient, any unobligated balances,
as determined by the State Librarian, shall be returned to the State
Library within 45 days of the notice of termination.
b. However, if the California Governor, Legislature, or any other
controlling authority takes action to include, but not limited to,
rescinding, cancelling, withdrawing or taking away a grant program,
award, money, or any other form of compensation for a grant,
through legislation, executive order, directive or any other type of
authority then sub-section (a) above is void. Section (b) would
control and take precedence over sub-section (a) making the 30
day and 45-day clauses above void. The grantee would be required
to immediately submit any reports required to close out your grant
and return any money, award, or any other type of compensation
according to a timeline established by the action or the State Library.

In Process

46. Timeline: Time is of the essence to this Agreement. It is mutually agreed
between the parties that the grant application and the timeline included
therein are part of the Agreement.
47. Unused Funds: At the end-of-term Grantee agrees to return any
unexpended or unaccounted for funds to the State Library, or to submit a
written request for an extension of the grant period. Funds will be
considered unexpended or unaccounted if they were: (1) not used for their
intended purpose, or (2) used inconsistent with the terms of this Agreement.
Funds will also be considered unaccounted for, and must be returned, if the
proposal outcomes or deliverables are materially incomplete by the end-ofterm or earlier termination, as determined by the State Library in its sole
discretion.
48. Waiver of Rights: California State Library shall not be deemed to have
waived any rights under this Agreement unless such waiver is given in writing
and signed by California State Library. No delay or omission on the part of
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California Library Literacy Services
2026-2027 CLLS26-22
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California State Library in exercising any rights shall operate as a waiver of
such right or any other right. A waiver by California State Library of a
provision of this Agreement shall not prejudice or constitute a waiver of
ght otherwise to demand strict compliance with
that provision or any other provision of this Agreement. No prior waiver by
California State Library, nor any course of dealing between California State
Library and Grantee, shall constitute a waiver of any of California State

transactions. Whenever the consent of California State Library is required
under this Agreement, the granting of such consent by California State
Library in any instance shall not constitute continuing consent to subsequent
instances where such consent is required and in all cases such consent may
be granted or withheld in the sole discretion of California State Library.

In Process

49. Work Products: Grantee shall provide California State Library with copies of
all final products identified in the Work Plan and Application. Grantee shall
also provide the State Library with copies of all public education and
advertising material produced pursuant to this Agreement.
50.

: The
personnel. If Grantee hires employees to perform services required by this
e for
them. The Grantee is aware of Labor Code Section 3700, which requires
to undertake self-insurance in accordance with the Labor Code, and the
Grantee agrees to comply with such provisions before commencing the
performance of the work of this Agreement.

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California Library Literacy Services
2026-2027 CLLS26-22
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EXHIBIT B: CERTIFICATION of COMPLIANCE FORM
1. AUTHORIZED REPRESENTATIVE: I certify that the authorized representative
named below is the legally designated representative of the Grantee for
this Grant Agreement and project and is authorized to receive and expend
funds to administer this grant program.
2. I certify that all information provided to the California State Library for review
in association with this award is correct and complete to the best of my
knowledge, and as the authorized representative of the Grantee, I commit
to the conditions of this award, and I have the legal authority to do so.

In Process

3. I certify that any or all other participants or contractors in the grant program
have agreed to the terms of the application/grant award and have
entered into an agreement(s) concerning the final disposition of equipment,
facilities, and materials purchased for this program from the funds awarded
for the activities and services described in the attached, as approved
and/or as amended in the application by the California State Librarian.
4. The authorized representative, on behalf of the Grantee, certifies that the
Grantee will comply with all applicable requirements of State and Federal
laws, regulations, and policies governing this program, to include the
requirements listed below in this Certification of Compliance Form.
5. The authorized representative, on behalf of the Grantee, hereby certifies to
the California State Library, for an award of funds in the amount $51,880. This
award will provide library services as set forth in the Project Application as
approved and/or as amended by the California State Librarian.
6. STATEMENT OF COMPLIANCE: Grantee has, unless exempted, complied with
the non-discrimination program requirements. (Gov. Code §12990 (a-f) and
CCR, Title 2, Section 11102).
7. DRUG-FREE WORKPLACE REQUIREMENTS: Grantee will comply with the
requirements of the Drug-Free Workplace Act of 1990 and will provide a
drug-free workplace by taking the following actions:
a. Publish a statement notifying employees that unlawful manufacture,
distribution, dispensation, possession or use of a controlled substance is
prohibited and specifying actions to be taken against employees for
violations.
b. Establish a Drug-Free Awareness Program to inform employees about:
1) the dangers of drug abuse in the workplace.
2) the person's or organization's policy of maintaining a drug-free
workplace.
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California Library Literacy Services
2026-2027 CLLS26-22
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3) any available counseling, rehabilitation and employee assistance
programs; and,
4) penalties that may be imposed upon employees for drug abuse
violations.
c. Every employee who works on the proposed Agreement will:
1) receive a copy of the company's drug-free workplace policy
statement; and,
2) agree to abide by the terms of the company's statement as a
condition of employment on the Agreement.
Failure to comply with these requirements may result in suspension of
payments under the Agreement or termination of the Agreement or both
and Grantee may be ineligible for award of any future State agreements if
the department determines that any of the following has occurred: the
Grantee has made false certification or violated the certification by failing
to carry out the requirements as noted above. (Gov. Code § 8350 et. seq.)

In Process

8. CONFLICT OF INTEREST: Grantee needs to be aware of the following
provisions regarding current or former state employees. If Grantee has any
questions on the status of any person rendering services or involved with the
Agreement, the California State Library must be contacted immediately for
clarification.
Current State Employees (Pub. Contract Code § 10410):
a. No officer or employee shall engage in any employment, activity or
enterprise from which the officer or employee receives
compensation or has a financial interest, and which is sponsored or
funded by any state agency, unless the employment, activity or
enterprise is required as a condition of regular state employment.
b. No officer or employee shall contract on his or her own behalf as an
independent contractor with any state agency to provide goods or
services.
Former State Employees (Pub. Contract Code § 10411):
a. For the two-year period from the date, he or she left state
employment, no former state officer or employee may enter into a
contract in which he or she engaged in any of the negotiations,
transactions, planning, arrangements or any part of the decisionmaking process relevant to the contract while employed in any
capacity by any state agency.
b. For the twelve-month period from the date he or she left state
employment, no former state officer or employee may enter into a
contract with any state agency if he or she was employed by that
state agency in a policy-making position in the same general subject
area as the proposed contract within the 12-month period prior to his
or her leaving state service.
If Grantee violates any provisions of above paragraphs, such action by
Grantee shall render this Agreement void. (Pub. Contract Code § 10420).
Members of boards and commissions are exempt from this section if they do
not receive payment other than payment of each meeting of the board or

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California Library Literacy Services
2026-2027 CLLS26-22
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commission, payment for preparatory time and payment per diem. (Pub.
Contract Code § 10430 (e)).

9. LABOR CODE/WORKERS' COMPENSATION: Grantee needs to be aware of
the provisions which require every employer to be insured against liability for
Worker's Compensation or to undertake self-insurance in accordance with
the provisions, and Grantee affirms to comply with such provisions before
commencing the performance of the work of this Agreement. (Labor Code
§ 3700).
10. AMERICANS WITH DISABILITIES ACT: Grantee assures the State that it
complies with the Americans with Disabilities Act (ADA) of 1990, which
prohibits discrimination based on disability, as well as all applicable
regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et.
seq.)
11. RESOLUTION: For awards totaling $350,000 or more, a county, city, district, or
other local public body must provide the State with a copy of a resolution,
order, motion, or ordinance of the local governing body which by law has
authority to enter into an agreement, authorizing execution of the
agreement.

In Process

12. PAYEE DATA RECORD FORM STD. 204: This form must be completed by all
Grantees that are not another state agency or other governmental entity.
13. DRUG FREE WORKPLACE:
a. Continue to provide a drug-free workplace by complying with the
requirements in 2 C.F.R. part 3186 (Requirements for Drug-Free
Workplace (Financial Assistance)). In particular, the recipient must
comply with drug- free workplace requirements in subpart B of 2
C.F.R. part 3186, which adopts the Government-wide
implementation (2 C.F.R. part 182) of sections 5152-5158 of the DrugFree Workplace Act of 1988 (P. L. 100-690, Title V, Subtitle D; 41 U.S.C.
§§ 701-707).
b. This includes but is not limited to: making a good faith effort, on a
continuing basis, to maintain a drug-free workplace; publishing a
drug-free workplace statement; establishing a drug-free awareness
program for the employees; taking actions concerning employees
who are convicted of violating drug statutes in the workplace.
14. ACCESSIBILITY: The organization receiving this award, as listed in the
certification section below, and all program staff, will ensure all project
materials will meet California accessibility standards.
15. NON-DISCRIMINATION: The organization receiving this award, as listed in the
certification section below, and all program staff agree to comply with all
California non-discrimination laws.
16. ACKNOWLEDGEMENT: The organization receiving this award, as listed in the
certification section below, and all program staff agree to comply with
California State Library acknowledgement requirements.
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Colusa County Free Library
California Library Literacy Services
2026-2027 CLLS26-22
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EXHIBIT C: CALIFORNIA LIBRARY LITERACY SERVICES
GUIDELINES
1. California Library Literacy Services programs shall comply with the
requirements in Sections 18880-18883 of the California Education Code.
2. California Library Literacy Services programs shall train and recruit volunteers
to serve as tutors. Volunteer tutors are the primary instructors for the
program.

In Process

3. California Library Literacy Services programs shall seek local government
and community resources and develop cooperative relations with other
local literacy services providers.
4. California Library Literacy Services programs will provide a base level of
local and private fiscal support to be established by the California State
Library.
5. In response to an expressed and recognized need from the field for specific
program requirements, the California State Library and related stakeholders
created a framework and program essentials. The framework and essentials
describe what constitutes an effective program:
a. California Library Literacy Services programs must use the Roles and
Goals framework to implement and evaluate their literacy services.
b.

regional Library Literacy Network Meetings.

c. Tutor training for volunteers should include, at a minimum, a program
orientation, tutoring basics, and instruction on learner-driven services.
d. California Library Literacy Services programs must align with the
following program values:
i.
ii.
iii.
iv.
v.
vi.

California Library Literacy Services is library based;
California Library Literacy Services is a core library service;
California Library Literacy Services is learner-driven;
California Library Literacy Services is community-focused;
California Library Literacy Services is volunteer-supported;
California Library Literacy Services staff is professionally
engaged; and
vii. California Library Literacy Services supports families.
6. California Library Literacy Services Family Literacy programs (if applicable)
shall provide services to prevent illiteracy through coordinated literacy and
preliteracy services to families. Recruitment of parents not previously
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Colusa County Free Library
California Library Literacy Services
2026-2027 CLLS26-22
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Certification
ORGANIZATION
Name:

Address (official and complete):

PROJECT COORDINATOR
Name:
Email:

Phone:

GRANTTEE AUTHORIZED REPRESENTATIVE
Name:

Title:

Email:
Signature:

In Process
Phone:
Date:

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Colusa County Free Library
California Library Literacy Services
2026-2027 CLLS26-22
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Authorized Representative Signature
ORGANIZATION
Name:

Address (official and complete):

In Process

AUTHORIZED REPRESENTATIVE
Signature:

Printed Name of Person Signing:

Date:

Title:

STATE OF CALIFORNIA
Agency Name: California State Library

Address: 900 N Street, Sacramento, CA 95814

Signature:

Date:

Printed Name of Person Signing:

Title: California State Librarian

7/21/2026

Greg Lucas

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Colusa County Free Library
California Library Literacy Services
2026-2027 CLLS26-22
Page 28 of 28

April 25, 2022
RE: Contractor and Grantee Compliance with Economic Sanctions Imposed in
Dear Grantee,

In Process

You are receiving this notification because you currently have an active grant through the
California State Library.
On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (EO) regarding
sanctions in response to Russian aggression in Ukraine. The EO is located at
https://www.gov.ca.gov/wp-content/uploads/2022/03/3.4.22-Russia-Ukraine-ExecutiveOrder.pdf.
to take certain immediate steps, including notifying all contractors and grantees of their
obligations to comply with existing economic sanctions imposed by the U.S. government in
response to Russia's actions in Ukraine, as well as any sanctions imposed under state law.
This correspondence serves as a notice under the EO that as a contractor or grantee,
Ukraine is required, including with respect to, but not limited to, the federal executive
orders identified in the EO and the sanctions identified on the U.S. Department of the
Treasury website (https://home.treasury.gov/policy-issues/financial-sanctions/sanctionsprograms-and-country-information/ukraine-russia-related-sanctions). Failure to comply may
result in the termination of contracts or grants, as applicable.
Please note that for any agreements or grants valued at $5 million or more, a separate
notification will be sent outlining additional requirements specified under the EO.
Annly Roman
California State Library
900 N Street
Sacramento, CA 95814

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CLLS - Colusa County Free Library – Budget
Budget View Settings
Options
Line Items

Proposed Budget
Expense Budget
Category
A1. Salaries, Wages and Benefits (Adult Literacy)
A2. Salaries, Wages and Benefits (Family Literacy)
C1. Travel (Adult Literacy)
C2. Travel (Family Literacy)
D1. Supplies and Materials (Adult Literacy)
D2. Supplies and Materials (Family Literacy)
F1. Services (Adult Literacy)
F2. Services (Family Literacy)
G1. Indirect (Adult Literacy)
G2. Indirect (Family Literacy)
Total Expense Budget Cost

Grant Funded

Total Budgeted

$10,000.00
$5,000.00
$1,690.00
$200.00
$19,895.00
$7,925.00
$1,535.00
$500.00
$3,600.00
$1,535.00
$51,880.00

$10,000.00
$5,000.00
$1,690.00
$200.00
$19,895.00
$7,925.00
$1,535.00
$500.00
$3,600.00
$1,535.00
$51,880.00

$51,880.00
$51,880.00

$51,880.00
$51,880.00

In Process

Revenue Budget
Grant Funding

Award Requested
Subtotal

Non-Grant Funding
Subtotal

$0.00

Total Revenue Budget Cost

($51,880.00)

Total Overall Budget Cost

$0.00

16

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CA LIBRARY LITERACY AND ENGLISH ACQUISITION SERVICES
FINANCIAL CLAIM
FIRST PAYMENT
Grant Award #:

CLLS26-22

Date:

Invoice #:

CLLS26-22-01

PO #:

Payee Name:

Colusa County Free Library
(Legal name of authorized agency to receive, disburse and account for funds*)

Complete Address:
Street Address, City, State, Zip Code (Warrant will be mailed to this address)

Amount Claimed:

$46,692

Type of Payment:

(Payable Upon Execution of Agreement)

Grantee Name:

Project Title:

☒ PROGRESS

In Process

Colusa County Free Library

☐ FINAL

(Name on Award Letter and Agreement)

☐ IN FULL

Literacy and English Acquisition Services

☐ AUGMENT

For Period From: upon execution to end of grant period

CERTIFICATION
I hereby certify under penalty of perjury: that I am the duly authorized representative of the claimant herein;
that this claim is in all respects true, correct and in accordance with law and the terms of the agreement; and
that payment has not previously been received for the amount claimed herein.
By
(Signature of the Authorized Representative)

(Print Name)

(Title)

*Legal payee name must match the payee’s federal tax return. Warrant will be made payable to payee name. Payee
discrepancies in name and/or address may cause delay in payment. If you need to change payee name and/or address,
please contact Fiscal Services at [email protected].
State of California, State Library Fiscal Office
ENY: 2026
PURCHASING AUTHORITY NUMBER: CSL-6120
COA: 5432000
FAIN: LS or N/A

By

ITEM NO: 6120-140-0001, Chapter 19, Statutes of 2026
REPORTING STRUCTURE: 61202000
PROGRAM #: 5312

Date
(State Library Representative)

Page 68 of 152

Print Form

Docusign
ID: –7EEC10B2-9B55-8E6C-80B4-4CF81EFBFCFF
STATE OFEnvelope
CALIFORNIA
DEPARTMENT OF FINANCE

Reset Form

PAYEE DATA RECORD

(Required when receiving payment from the State of California in lieu of IRS W-9 or W-7)
STD 204 (Rev. 03/2021)

Section 1 – Payee Information

NAME (This is required. Do not leave this line blank. Must match the payee’s federal tax return)
BUSINESS NAME, DBA NAME or DISREGARDED SINGLE MEMBER LLC NAME (If different from above)
MAILING ADDRESS (number, street, apt. or suite no.) (See instructions on Page 2)
CITY, STATE, ZIP CODE

E-MAIL ADDRESS

Section 2 – Entity Type

Check one (1) box only that matches the entity type of the Payee listed in Section 1 above. (See instructions on page 2)
CORPORATION (see instructions on page 2)
☐ SOLE PROPRIETOR / INDIVIDUAL
☐ MEDICAL (e.g., dentistry, chiropractic, etc.)
☐ SINGLE MEMBER LLC Disregarded Entity owned by an individual
☐ LEGAL (e.g., attorney services)
☐ PARTNERSHIP
☐ EXEMPT (e.g., nonprofit)
☐ ESTATE OR TRUST
☐ ALL OTHERS

Section 3 – Tax Identification Number

Enter your Tax Identification Number (TIN) in the appropriate box. The TIN must
match the name given in Section 1 of this form. Do not provide more than one (1) TIN. Social Security Number (SSN) or
The TIN is a 9-digit number. Note: Payment will not be processed without a TIN.
Individual Tax Identification Number (ITIN)
• For Individuals, enter SSN.
___ ___ ___ -___ ___ - ___ ___ ___ ___
• If you are a Resident Alien, and you do not have and are not eligible to get an
SSN, enter your ITIN.
• Grantor Trusts (such as a Revocable Living Trust while the grantors are alive) may OR
not have a separate FEIN. Those trusts must enter the individual grantor’s SSN.
Federal Employer Identification Number
• For Sole Proprietor or Single Member LLC (disregarded entity), in which the
(FEIN)
sole member is an individual, enter SSN (ITIN if applicable) or FEIN (FTB
prefers SSN).
___ ___ - ___ ___ ___ ___ ___ ___ ___
• For Single Member LLC (disregarded entity), in which the sole member is a
business entity, enter the owner entity’s FEIN. Do not use the disregarded
entity’s FEIN.
• For all other entities including LLC that is taxed as a corporation or partnership,
estates/trusts (with FEINs), enter the entity’s FEIN.

In Process

Section 4 – Payee Residency Status (See instructions)
☐ CALIFORNIA RESIDENT – Qualified to do business in California or maintains a permanent place of business in California.
☐ CALIFORNIA NONRESIDENT – Payments to nonresidents for services may be subject to state income tax withholding.
☐No services performed in California
☐Copy of Franchise Tax Board waiver of state withholding is attached.

Section 5 – Certification

I hereby certify under penalty of perjury that the information provided on this document is true and correct.
Should my residency status change, I will promptly notify the state agency below.
NAME OF AUTHORIZED PAYEE REPRESENTATIVE

TITLE

E-MAIL ADDRESS

SIGNATURE

DATE

TELEPHONE (include area code)

Section 6 – Paying State Agency

Please return completed form to:
STATE AGENCY/DEPARTMENT OFFICE

UNIT/SECTION

MAILING ADDRESS

FAX

CITY

STATE

ZIP CODE

TELEPHONE (include area code)
E-MAIL ADDRESS

Page 69 of 152

Docusign
ID: –7EEC10B2-9B55-8E6C-80B4-4CF81EFBFCFF
STATE OFEnvelope
CALIFORNIA
DEPARTMENT OF FINANCE

PAYEE DATA RECORD

(Required when receiving payment from the State of California in lieu of IRS W-9 or W-7)
STD 204 (Rev. 03/2021)

GENERAL INSTRUCTIONS
Type or print the information on the Payee Data Record, STD 204 form. Sign, date, and return to the state agency/department office address shown in Section 6.
Prompt return of this fully completed form will prevent delays when processing payments.
Information provided in this form will be used by California state agencies/departments to prepare Information Returns (Form1099).
NOTE: Completion of this form is optional for Government entities, i.e. federal, state, local, and special districts.
A completed Payee Data Record, STD 204 form, is required for all payees (non-governmental entities or individuals) entering into a transaction that may lead to a
payment from the state. Each state agency requires a completed, signed, and dated STD 204 on file; therefore, it is possible for you to receive this form from
multiple state agencies with which you do business.
Payees who do not wish to complete the STD 204 may elect not to do business with the state. If the payee does not complete the STD 204 and the required
payee data is not otherwise provided, payment may be reduced for federal and state backup withholding. Amounts reported on Information Returns (Form 1099)
are in accordance with the Internal Revenue Code (IRC) and the California Revenue and Taxation Code (R&TC).

Section 1 – Payee Information

Name – Enter the name that appears on the payee's federal tax return. The name provided shall be the tax liable party and is subject to IRS TIN matching (when
applicable).
• Sole Proprietor/Individual/Revocable Trusts – enter the name shown on your federal tax return.
• Single Member Limited Liability Companies (LLCs) that is disregarded as an entity separate from its owner for federal tax purposes - enter the name of the
individual or business entity that is tax liable for the business in section 1. Enter the DBA, LLC name, trade, or fictitious name under Business Name.
• Note: for the State of California tax purposes, a Single Member LLC is not disregarded from its owner, even if they may be disregarded at the Federal level.
• Partnerships, Estates/Trusts, or Corporations – enter the entity name as shown on the entity’s federal tax return. The name provided in Section 1 must match
to the TIN provided in section 3. Enter any DBA, trade, or fictitious business names under Business Name.
Business Name – Enter the business name, DBA name, trade or fictitious name, or disregarded LLC name.
Mailing Address – The mailing address is the address where the payee will receive information returns. Use form STD 205, Payee Data Record Supplement
to provide a remittance address if different from the mailing address for information returns, or make subsequent changes to the remittance address.

In Process
Section 2 – Entity Type

If the Payee in Section 1 is a(n)…
Individual ● Sole Proprietorship ● Grantor (Revocable Living) Trust disregarded for federal tax purposes
Limited Liability Company (LLC) owned by an individual and is disregarded for federal tax purposes
Partnerships ● Limited Liability Partnerships (LLP) ● and, LLC treated as a Partnership
Estate ● Trust (other than disregarded Grantor Trust)
Corporation that is medical in nature (e.g., medical and healthcare services, physician care, nursery
care, dentistry, etc. ● LLC that is to be taxed like a Corporation and is medical in nature
Corporation that is legal in nature (e.g., services of attorneys, arbitrators, notary publics involving legal
or law related matters, etc.) ● LLC that is to be taxed like a Corporation and is legal in nature
Corporation that qualifies for an Exempt status, including 501(c) 3 and domestic non-profit corporations.
Corporation that does not meet the qualifications of any of the other corporation types listed above ● LLC
that is to be taxed as a Corporation and does not meet any of the other corporation types listed above

THEN Select the Box for…
Sole Proprietor/Individual
Single Member LLC-owned by an individual
Partnerships
Estate or Trust
Corporation-Medical
Corporation-Legal
Corporation-Exempt
Corporation-All Other

Section 3 – Tax Identification Number

The State of California requires that all parties entering into business transactions that may lead to payment(s) from the state provide their Taxpayer
Identification Number (TIN). The TIN is required by R&TC sections 18646 and 18661 to facilitate tax compliance enforcement activities and preparation of
Form 1099 and other information returns as required by the IRC section 6109(a) and R&TC section 18662 and its regulations.

Section 4 – Payee Residency Status

Are you a California resident or nonresident?
• A corporation will be defined as a "resident" if it has a permanent place of business in California or is qualified through the Secretary of State to do business in
California.
• A partnership is considered a resident partnership if it has a permanent place of business in California.
• An estate is a resident if the decedent was a California resident at time of death.
• A trust is a resident if at least one trustee is a California resident.
o For individuals and sole proprietors, the term "resident" includes every individual who is in California for other than a temporary or transitory purpose and
any individual domiciled in California who is absent for a temporary or transitory purpose. Generally, an individual who comes to California for a purpose
that will extend over a long or indefinite period will be considered a resident. However, an individual who comes to perform a particular contract of short
duration will be considered a nonresident.
For information on Nonresident Withholding, contact the Franchise Tax Board at the numbers listed below:
Withholding Services and Compliance Section: 1-888-792-4900
E-mail address: [email protected]
For hearing impaired with TDD, call: 1-800-822-6268
Website: www.ftb.ca.gov

Section 5 – Certification

Provide the name, title, email address, signature, and telephone number of individual completing this form and date completed. In the event that a SSN or ITIN is
provided, the individual identified as the tax liable party must certify the form. Note: the signee may differ from the tax liable party in this situation if the signee can
provide a power of attorney documented for the individual.

Section 6 – Paying State Agency

This section must be completed by the state agency/department requesting the STD 204.

Privacy Statement

Section 7(b) of the Privacy Act of 1974 (Public Law 93-579) requires that any federal, state, or local governmental agency, which requests an individual to
disclose their social security account number, shall inform that individual whether that disclosure is mandatory or voluntary, by which statutory or other authority
such number is solicited, and what uses will be made of it. It is mandatory to furnish the information requested. Federal law requires that payment for which the
requested information is not provided is subject to federal backup withholding and state law imposes noncompliance penalties of up to $20,000. You have the
right to access records containing your personal information, such as your SSN. To exercise that right, please contact the business services unit or the
accounts payable unit of the state agency(ies) with which you transact that business.
All questions should be referred to the requesting state agency listed on the bottom front of this form.

Page 70 of 152

Colusa County
Agenda Request Form
Item ID#: 2026-665

Agenda Date: 8/25/2026

Item IV.5

HEALTH AND HUMAN SERVICES
Subject
Medi-Cal County Inmate Program Administrative Services Agreement and Participation
Agreement with the California Department of Health Care Services.
Action Requested
Approval of the Medi-Cal County Inmate Program (MCIP) Administrative Services
Agreement and Participation Agreement (PA) between the California Department of
Health Care Services (DHCS) and the County of Colusa.
Detailed Description
The Department of Health and Human Services requests approval of the Medi-Cal
County Inmate Program (MCIP) Administrative Services Agreement and Participation
Agreement (PA) between the California Department of Health Care Services (DHCS)
and the County of Colusa.
The County is responsible for arranging for and paying for medical care for its inmates.
The PA allows the County to voluntarily participate in the MCIP. The Agreement for
Administrative Services is intended to reimburse the DHCS for its administrative costs
associated with the MCIP. The MCIP creates budgetary savings for the County for the
medical care provided to its Medi-Cal eligible inmates with Federal Financial
Participation (FFP). The County receives budgetary savings because it does not fund
the federal share of MCIP services for its Medi-Cal eligible inmates. MCIP services are
provided by Medi-Cal providers to Medi-Cal eligible inmates, for which FFP may be
claimed consistent with federal law.
Therefore, DHHS requests the approval of the MCIP Participation Agreement and
Administrative Services Agreement with DHCS with a term effective July 1, 2026,
through June 30, 2029.
Fiscal Impact
No additional impact to the County General Fund, as the administrative cost is
budgeted with DHHS State funding. The County's total administrative cost to
participate in MCIP shall not exceed $592.12 over the three-year agreement term.
Participation in MCIP allows the County to reduce eligible inmate medical costs
through Federal Financial Participation.
Personnel Impact

Page 71 of 152

N/A
Contact
Kirill Obraztsov
Action for the Clerk
Please defer to the requirements for approved and executed agreements to be
processed and mailed to DHCS, which is included in the Transmittal Instructions Letter
attached.
Attachments:
1.
Colusa County 26-60112 MCIP Administrative Services Agreement 2026-29
2.
BUSINESS ASSOCIATE ADDENDUM (BAA)
3.
Colusa MCIP Participation Agreement 2026-29
4.
DHCS Transmittal Instructions

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Colusa County 26-60112

MEDI-CAL COUNTY INMATE PROGRAM AGREEMENT
FOR ADMINISTRATIVE SERVICES
This agreement is made and entered into on this __1st__ day of ___July__________,
2026__, between the California Department of Health Care Services (“DHCS”) and
Colusa County (“County,” and together with DHCS, “Parties”).
1.

Intent of Agreement

This purpose of this Agreement for Reimbursement for Administrative Costs for the MediCal Inmate Program (MCIP) is to reimburse DHCS for the administrative costs associated
with the MCIP, as further described in Welfare & Institutions Code (WIC) sections 14053.7
and 14053.8, Penal Code section 5072, 42 U.S.C. section 1396d(a)(30)(a).
2.

Parties

The parties to this Agreement are DHCS , the single state agency responsible for administering the California Medical Assistance Program (Medi-Cal), including MCIP, pursuant
to Welfare and Institutions Code section 14100.1, and the County of Colusa.
3.

Authority

This Agreement is authorized by Welfare and Institutions Code sections 14053.7 and
14053.8 and Penal Code section 5072.
4.

Term of the Agreement

The term of this Agreement shall be from July 1, 2026 through and including June 30,
2029 (“Contract Term”).
5.

Definitions
A. “Certified Public Expenditure Process” or “CPE Process” means the process
established for Medi-Cal under state law (including but not limited to Welfare
and Institutions Code section 14166.1, et seq.), the California Medi-Cal State
Plan, and approved Medicaid demonstration projects and waivers through
which public Medi-Cal providers claim Federal Financial Participation (FFP) for
allowable expenditures.
B. “Days” as used in this Agreement shall mean calendar days unless specified
otherwise.

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Colusa County 26-60112

C. “Demonstration Project” means the California Medi-Cal 2020 Demonstration,
Number 11-W-00193/9, as approved by CMS effective beginning December
30, 2015 and any successor demonstration projects.
D. “Designated Public Hospital” has the meaning set forth in the Demonstration
Project, and codified in state law at Welfare and Institutions Code section
14184.10, subdivision (f) pursuant to SB 815 (2016), and may be modified from
time to time.
E.

“Inmate” as used in this Agreement means persons identified in Welfare and
Institutions Code sections 14053.7(e)(2)(A) and 14053.8(k) “Juvenile Inmate,”
and Government Code sections 26605.6(a) “Prisoner,” 26605.7(a) “Prisoner”
and (d)(1) “Probationer,” and 26605.8 “Prisoner” and “Probationer.”

F.

“MCIP” or “Medi-Cal County Inmate Program” includes the following three
components: the Adult County Inmate Program (ACIP), as authorized in state
law pursuant to Welfare and Institutions Code section 14053.7 and Penal Code
section 5072, the Juvenile County Ward Program (JCWP), as authorized in
Welfare and Institutions Code section 14053.8, and the County Compassionate
Release Program (CCRP) and County Medical Probation Program (CMPP), as
authorized by Government Code sections 26605.6, 26605.7, and 26605.8.

G. “MCIP Administrative Services” means the administrative services provided by
DHCS personnel for the administration of MCIP.
H. “Medi-Cal provider” means, any individual, partnership, group association, corporation, institution, or entity and the officer, directors, owners, managing employees or agents of any partnership, group association, corporation, institution, or entity that provides services, goods, supplies, or merchandise, directly
or indirectly, to a Medi-Cal beneficiary, and that has been enrolled in the MediCal program.
I. State Fiscal Year (SFY) means July 1st of each calendar year through June
30th in the subsequent calendar year.
6.

Maximum Payable Amount

The maximum payable amount that the County shall be obligated to pay for MCIP administrative services rendered under this Agreement shall not exceed its share of the nonfederal share of DHCS’ administrative costs and shall not exceed $592.12, which shall
be based on a methodology specified in Addendum A.
A. The maximum payable amount shall be further subject to the allocated State
Fiscal Year’s (SFY’s) annual limits not to exceed:
$182.41 for July 1, 2026, through and including June 30, 2027
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Colusa County 26-60112

$196.89 for July 1, 2027, through and including June 30, 2028
$212.82 for July 1, 2028, through and including June 30, 2029
For future contract periods not covered under this Agreement, the maximum
payable amount shall be determined through a new Agreement or an amendment to this Agreement.
7.

Contact Persons

Any notice, request, demand, or other communication required or permitted hereunder,
shall be deemed to be properly given when furnished in writing to the following:
A. In the case of the County to:
Elizabeth A. Kelly, Director, Colusa County Department Health & Human Services
County of Colusa
251 E. Webster St.
Colusa, CA 95932
Or to such person or address as the County may furnish in writing to DHCS.
B. In the case of DHCS to:
California Department of Health Care Services
Local Governmental Financing Division
County Based Claiming & Inmate Services Section
Attn: Inmate Medi-Cal Claiming Unit
1501 Capitol Avenue, MS 2628
P.O. Box 997436
Sacramento, CA 95899-7436
Or to such person or address as DHCS may, from time to time, furnish in writing or to the
County.
8.

Payment Terms and Invoicing
A. General Terms
1. DHCS shall submit an annual invoice to the County for the County’s apportioned share of the nonfederal share of the MCIP administrative services
performed by DHCS during the period billed.
2. The County shall pay DHCS for the County’s apportioned share of the nonfederal share of MCIP administrative services performed by DHCS which
shall be based on a methodology specified in Addendum A within 60 days
of receipt of an invoice.
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Colusa County 26-60112

3. Failure by the County to timely pay DHCS shall constitute a material breach
of this Agreement which, at DHCS’ discretion, may result in termination of
both this Agreement and the MCIP Evergreen Provider Agreement (PA) by
DHCS. The County may cure such breach by rendering payment of the
amount owed to DHCS three days prior to the termination of this Agreement
or the PA.
4. The County shall not make payments for any invoice or portion thereof exceeding the respective maximum payable amount for the SFY invoiced.
Payment for any MCIP administrative services performed by DHCS exceeding the respective maximum payable amount shall require an amendment
to this Agreement. If the County fails to execute a retroactive amendment
to the maximum payable amount under this Agreement, DHCS shall terminate both the Agreement and the PA.
5. Payments shall be sent to DHCS at the following address, or such other
address as may specify in writing:
California Department of Health Care Services
Local Governmental Financing Division
County Based Claiming & Inmate Services Section
Attn: Inmate Medi-Cal Claiming Unit
1501 Capitol Avenue, MS 2628
P.O. Box 997436
Sacramento, CA 95899-7436
9.

DHCS Responsibilities
A. MCIP Administrative Services
1. DHCS shall perform the services related to administering the MCIP described in Schedule A, attached hereto and incorporated by reference
herein, or the purpose of claiming federal reimbursement for MCIP services.
It is understood by both parties that the County shall perform all other administrative services not set forth in Schedule A.
2. DHCS shall maintain accounting records for personnel services at the level
of detail as described in Schedule A. Additionally, these records shall identify any equipment utilized and all related operating expenses.
3. DHCS shall submit to the County an annual invoice for the County’s apportioned share of the nonfederal share of MCIP administrative services performed by DHCS based on Addendum A. The annual invoice for reimbursement shall identify the following summarized categories of DHCS’ costs for
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Colusa County 26-60112

the allocated SFY period billed: (i) salary, (ii) benefits, (iii) operating expenses, and (iv) total costs. Costs shall be multiplied by one (1) minus the
Federal Medical Assistance Percentage (FMAP) applicable to such administrative costs subject to the limit on the amount reimbursable by the County.
The maximum payable amount shall not exceed the County’s apportioned
share, which shall be based on the methodology specified in Addendum A.
B. General Responsibilities
1. Should the scope of work for this Agreement conflict with DHCS’ responsibilities under federal Medicaid law, those responsibilities shall take precedence.
2. DHCS’ cessation of any services due to federal Medicaid responsibilities
does not relieve the County of the obligation to reimburse DHCS for administrative costs incurred by DHCS in connection with this Agreement for periods in which the County participated in MCIP.
3. DHCS agrees to provide to the County, or any federal or state department
with monitoring, auditing or reviewing authority, access to and the right to
examine its applicable records and documents for compliance with relevant
federal and state statutes, regulations, and this Agreement.
10.

County Responsibilities
A. MCIP Administrative Services
1. As a condition of participation, the County accepts responsibility for reimbursing DHCS for the County’s apportioned share of the nonfederal share
of costs of MCIP administrative services based on Addendum A.
2. The County shall reimburse DHCS its allotted portion of the nonfederal
share of funding allocated for compensation, associated operating expenses, equipment, and travel costs for no more than 3.75 full-time equivalent (FTE) positions composed of: one-quarter (0.25) FTE Supervisor II,
one-half (0.50) FTE Supervisor I, one (1) FTE Health Program Specialist I,
one (1) FTE Analyst I/Analyst II, one-half (0.50) FTE Attorney, and one-half
(0.50) FTE Accounting Officer, to be established and housed at DHCS, to
support the reported expenditures submission process for obtaining federal
reimbursement under this Agreement.
3. If a County does not participate in MCIP or does not abide by the terms of
this Agreement, the County remains responsible for arranging for and paying for medical care for its MCIP eligible beneficiaries.
B. General Responsibilities
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Colusa County 26-60112

1. Upon compliance with all applicable provisions of this Agreement and applicable laws, the County may send its MCIP eligible beneficiaries to MediCal providers to receive MCIP services.
2. The County shall reimburse DHCS pursuant to Paragraph A with funds from
the County’s General Fund, or from any other funds allowed under federal
law and regulation.
3. In the event of a federal deferral or disallowance applicable to MCIP expenditures, the County shall provide all documents requested by DHCS
within fourteen (14) days of DHCS’ request.
11.

Amendments

Amendments to this Agreement shall be considered binding on the Parties when made in
writing and signed by the Parties to this Agreement, and, if required by State law, by
approval of the California Department of General Services. Notwithstanding the previous
sentence, any changes made to the contact persons identified in Article 7 may be made
by written communication, including e-mail, to the other contact person or persons and
without formal amendment.
12.

Termination and Agreement Disputes
A. This Agreement may be terminated by either party upon written notice given at
least 30 days prior to the termination date. Notice shall be addressed to the
respective parties identified in Article 7. The County shall remain obligated to
pay for all MCIP administrative costs incurred by DHCS for periods in which the
County participated in the MCIP.
B. This Agreement shall terminate upon cessation of the MCIP. The County shall
remain obligated to pay for all of the County’s apportioned share of MCIP administrative costs incurred by DHCS for periods in which the County participated in MCIP.
C. Termination of this Agreement will automatically terminate the County’s MCIP
Evergreen PA.

13.

General Provisions
A. Approval. This Agreement is of no force or effect until signed by an authorized
representative of both Parties.
B. Indemnification. It is agreed that the County shall defend, hold harmless, and
indemnify DHCS, its officers, employees, and agents from any and all reported
expenditures, liability, loss, or expense (including reasonable attorney fees) for
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Colusa County 26-60112

injuries or damage to any person, any property, or both which arise out of the
terms and conditions of this Agreement and the negligent or intentional acts or
omissions of the County, its officers, employees, or agents.
C. Severability. If any term, condition, or provision of this Agreement is held by a
court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will nevertheless continue in full force and effect, and shall not
be affected, impaired or invalidated in any way. Notwithstanding the previous
sentence, if a decision by a court of competent jurisdiction invalidates, voids,
or renders unenforceable a term, condition, or provision in this Agreement that
is included in the purpose of this Agreement then the parties to this Agreement
shall either amend this Agreement pursuant to Article 11, or it shall be terminated pursuant to Article 12.
D. Records. DHCS and the County shall maintain and preserve all records relating
to this Agreement for a period of three years from DHCS’ receipt of the last
payment of FFP, or until three years after all audit findings are resolved, whichever is later. This does not limit any responsibilities of DHCS or the County
provided for elsewhere in this Agreement, or in state or federal law.
E. Compliance with Applicable Laws. All parties performance under this Agreement shall be in accordance with all applicable federal and state laws, including, but not limited to:
1. The Americans with Disabilities Act of 1990, as amended;
2. Section 504 of the Rehabilitation Act of 1973, as amended;
3. Title XIX of the Social Security Act;
4. Welfare and Institutions Code section 14000 et seq.;
5. Government Code section 53060;
6. The California Medicaid State Plan;
7. Applicable laws and regulations related to licensure, certification, confidentiality of records, quality assurance, and nondiscrimination;
8. The Policy and Procedure Letters, and similar instructions, published with
regulatory authority;
9. Government Code sections 26605.6, 26605.7, and 26605.8;
10. Penal Code section 5072;
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Colusa County 26-60112

11. 42 Code of Federal Regulations; and,
12. Applicable sections of the California Code of Regulations.
F. Controlling Law and Venue. The validity of this Agreement and its terms or
provisions, as well as the rights and duties of the parties hereunder, the interpretation and performance of this Agreement shall be governed by the laws of
the State of California. Venue for any action brought concerning this Agreement
shall be in any county in which the Attorney General maintains an office.
G. Integration Clause.
1. This Agreement and any exhibits and addendums attached hereto shall
constitute the entire Agreement among the parties to it pertaining to the
implementation of MCIP and supersedes any prior or contemporaneous understanding or agreement with respect to the subject matter of this Agreement.
2. Notwithstanding Subparagraph G.1., DHCS Form 9098 or DHCS Form
6208 (whichever is applicable) is incorporated by reference into this Agreement if the County has a DHCS Form 9098 or DHCS Form 6208 on record.
Notwithstanding Subparagraph G.1., the terms of the DHCS Form 9098 or
DHCS Form 6208 control to the extent there is a conflict with this Agreement, except for Article 10 of this Agreement. If the DHCS Form 9098 or
DHCS Form 6208 does not address a matter addressed by this Agreement,
then this Agreement controls.
H. Assignment. No assignment of this Agreement or of the rights and obligations
hereunder shall be valid without the prior written consent of both Parties.
I. Conformance Clause. Any provision of this Agreement in conflict with present
or future governing authorities is hereby amended to conform to those authorities and such amended provisions supersede any conflicting provisions in this
Agreement. The governing authorities include, but are not limited to the authorities listed in Article 13.D.
J. Waiver. No covenant, condition, duty, obligation, or undertaking made a part of
this Agreement shall be waived except by amendment of the Agreement by the
parties hereto, and forbearance or indulgence in any other form or manner by
either party in any regard whatsoever shall not constitute a waiver of the covenant, condition, duty, obligation, or undertaking to be kept, performed, or discharged by the other party to which the same may apply; and, until performance
or satisfaction of all covenants, duties, obligations, or undertakings is complete,
the party shall have the right to invoke any remedy available under this Agreement, or under law, notwithstanding such forbearance or indulgence.
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Colusa County 26-60112

K. Third Party Beneficiaries. None of the provisions of this Agreement are or shall
be construed as for the benefit of, or enforceable by, any person not a party to
this Agreement.
L. Conflict of Interest. The County is subject to the Medi-Cal Conflict of Interest
Law, as applicable and set forth in Welfare and Institutions Code section 14022
and Article 1.1 (commencing with Welfare and Institutions Code section
14047), and implemented pursuant to 22 California Code of Regulations, section 51466.
M. Budget Contingency Clause. If funding associated with MCIP for any SFY is
reduced by the State Budget Act, DHCS shall have the option to cancel this
Agreement with no liability occurring to the State.
N. Counterparts. This Agreement may be executed in one or more counterparts,
each of which will be considered an original, but all of which together will constitute one and the same instrument.
O. Confidentiality. The County shall comply with the applicable confidentiality requirements as specified in Section 1902(a)(7) of the Social Security Act; 42
Code of Federal Regulations, part 431.300; Welfare and Institutions Code section 14100.2; and 22 California Code of Regulations, section 51009; and, the
Business Associates Agreement attached and hereby incorporated by reference.
P. Survival. All representations, warranties, and covenants contained in this
Agreement, or in any instrument, certificate, exhibit, or other writing intended
by the Parties to survive this Agreement, including but not limited to the
County’s obligation to reimburse DHCS for administrative services related to
supplemental payments made during the Contract Term.
Q. Contract Execution. Unless otherwise prohibited by law or either Parties’ policy,
the Parties agree that an electronic copy of a signed contract, or an electronically signed contract, has the same force and legal effect as a contract executed with an original ink signature. The term “electronic copy of a signed contract” refers to a transmission by facsimile, electronic mail, or other electronic
means of a copy of an original signed contract in a portable document format.
The term “electronically signed contract” means a contract that is executed by
applying an electronic signature using technology approved by both Parties.

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Colusa County 26-60112

The signatories to this Agreement represent and warrant that they have full and binding
authority to the commitments contained herein on behalf of their respective entity.
County of _____________________
Signature:
Name:
Title:
Date:
CALIFORNIA DEPARTMENT OF HEALTH CARE SERVICES
Contracts Section
Signature:
Name:
Title:
Date:

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Colusa County 26-60112

SCHEDULE A
SCOPE OF WORK
CALIFORNIA DEPARTMENT OF HEALTH CARE SERVICES (DHCS)
DHCS agrees to:
1. Calculate the actual costs for administrative accounting, policy development, and data
processing maintenance services, including the indirect costs related to the MCIP program provided by its staff, which is in accordance with the provisions of Section
1903(w) of the Social Security Act and 42 Code of Federal Regulations, part 433,
subpart B.
2. Lead the development, implementation, and administration of the MCIP.
3. Submit claims for Federal Financial Participation (FFP) based on Certified Public Expenditures (CPE) from participating MCIP counties.
4. On an annual basis, submit any necessary materials to the federal government to
provide assurances that claims for FFP will include only those expenditures that are
allowable under federal law.
5. Maintain accounting records to a level of detail that identifies the actual expenditures
incurred for personnel services including salary or wages, benefits, and overhead
costs for DHCS’ staff. Additionally, these records will identify any equipment and all
related operating expenses applicable to these positions. Records should include, but
not be limited to general expense, rent and supplies for identified staff and managerial
staff working specifically on services or assignments directly related to the MCIP.
6. Ensure that an appropriate audit trail exists within DHCS’ records and accounting system and maintain expenditure data as indicated in this Agreement.
7. Designate a person to act as liaison with the County for issues arising from this Agreement. This person shall be identified to the County’s contact person for this Agreement.
8. Provide a written response to the County’s contact person within 30 days of receiving
a written request for information related to the MCIP.
9. Provide the County with accounting, program technical assistance, and training related to the MCIP.
10. Maintain an invoice tracking system for MCIP and provide a report on an annual basis.
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Colusa County 26-60112

11. Establish an annual MCIP administrative cost based on Addendum A.
12. Invoice the County on an annual basis for administrative services and costs.

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Colusa County 26-60112

ADDENDUM A: MCIP Administrative Costs
The MCIP Administrative Contract is a three-year contract. At the beginning of each calendar year, counties have the opportunity to inform DHCS of their intent to continue participation in MCIP for the upcoming State Fiscal Year (SFY) by completing the MCIP Letter of Intent (LOI).
The methodology for calculating each county’s nonfederal share of administrative costs
was developed by DHCS in consultation with the California State Association of Counties,
County Health Executives Association of California, California Association of Public Hospitals and Health Systems, and the California State Sheriffs’ Association. The nonfederal
share of administrative costs allocated to each county is based on the following:
1) 30% of the total administrative costs will be distributed evenly to participating
counties over 50,000 in population. *
2) 70% of the total administrative costs will be allocated to participating counties
pro-rata based on population. *
*Population data will be obtained from the California Department of Finance, Demographic Estimates
To account for a cost-of-living adjustment on a yearly basis after the initial SFY of the
current Agreement, DHCS will include a year over year growth factor of 8% to the maximum payable amount of the annual administrative cost for each subsequent SFY. DHCS
will invoice participating counties for the nonfederal share of administrative costs annually
after the close of the previous fiscal year based on actual administrative costs per the
methodology above.

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Business Associate Addendum

1. This Agreement has been determined to constitute a business associate relationship under the Health
Insurance Portability and Accountability Act (HIPAA) and its implementing privacy and security regulations
at 45 Code of Federal Regulations, Parts 160 and 164 (collectively, and as used in this Agreement)
2. The term “Agreement” as used in this document refers to and includes both this Business Associate
Addendum and the contract to which this Business Associate Agreement is attached as an exhibit, if any.
3. For purposes of this Agreement, the term “Business Associate” shall have the same meaning as set forth in
45 CFR section 160.103.
4. The Department of Health Care Services (DHCS) intends that Business Associate may create, receive,
maintain, transmit or aggregate certain information pursuant to the terms of this Agreement, some of which
information may constitute Protected Health Information (PHI) and/or confidential information protected by
Federal and/or state laws.
4.1 As used in this Agreement and unless otherwise stated, the term “PHI” refers to and includes both “PHI”
as defined at 45 CFR section 160.103 and Personal Information (PI) as defined in the Information
Practices Act (IPA) at California Civil Code section 1798.3(a). PHI includes information in any form,
including paper, oral, and electronic.
4.2 As used in this Agreement, the term “confidential information” refers to information not otherwise defined
as PHI in Section 4.1 of this Agreement, but to which state and/or federal privacy and/or security
protections apply.
5. Contractor (however named elsewhere in this Agreement) is the Business Associate of DHCS acting on
DHCS's behalf and provides services or arranges, performs or assists in the performance of functions or
activities on behalf of DHCS, and may create, receive, maintain, transmit, aggregate, use or disclose PHI
(collectively, “use or disclose PHI”) in order to fulfill Business Associate’s obligations under this Agreement.
DHCS and Business Associate are each a party to this Agreement and are collectively referred to as the
"parties.”
6. The terms used in this Agreement, but not otherwise defined, shall have the same meanings as those terms
in HIPAA and/or the IPA. Any reference to statutory or regulatory language shall be to such language as in
effect or as amended.
7. Permitted Uses and Disclosures of PHI by Business Associate. Except as otherwise indicated in this
Agreement, Business Associate may use or disclose PHI, inclusive of de-identified data derived from such
PHI, only to perform functions, activities or services specified in this Agreement on behalf of DHCS, provided
that such use or disclosure would not violate HIPAA or other applicable laws if done by DHCS.
7.1 Specific Use and Disclosure Provisions. Except as otherwise indicated in this Agreement, Business
Associate may use and disclose PHI if necessary for the proper management and administration of the
Business Associate or to carry out the legal responsibilities of the Business Associate. Business
Associate may disclose PHI for this purpose if the disclosure is required by law, or the Business
Associate obtains reasonable assurances from the person to whom the information is disclosed that it
will be held confidentially and used or further disclosed only as required by law or for the purposes for
which it was disclosed to the person. The person shall notify the Business Associate of any instances
of which the person is aware that the confidentiality of the information has been breached, unless such
person is a treatment provider not acting as a business associate of Business Associate.
7.2 Nondisclosure. Business Associate shall not use or disclose PHI or other confidential information other
than as permitted or required by this Agreement or as required by law.

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8. Compliance with Other Applicable Law
8.1 To the extent that other state and/or federal laws provide additional, stricter and/or more protective
(collectively, more protective) privacy and/or security protections to PHI or other confidential information
covered under this Agreement beyond those provided through HIPAA, Business Associate agrees:
8.1.1 To comply with the more protective of the privacy and security standards set forth in applicable
state or federal laws to the extent such standards provide a greater degree of protection and
security than HIPAA or are otherwise more favorable to the individuals whose information is
concerned; and
8.1.2

To treat any violation of such additional and/or more protective standards as a breach or security
incident, as appropriate, pursuant to Section 19. of this Agreement.

8.2

Examples of laws that provide additional and/or stricter privacy protections to certain types of PHI
and/or confidential information, as defined in Section 4. of this Agreement, include, but are not limited
to the Information Practices Act, California Civil Code sections 1798-1798.78, Confidentiality of
Alcohol and Drug Abuse Patient Records, 42 CFR Part 2, Welfare and Institutions Code section 5328,
and California Health and Safety Code section 11845.5.

8.3

If Business Associate is a Qualified Service Organization (QSO) as defined in 42 CFR section 2.11,
Business Associate agrees to be bound by and comply with subdivisions (2)(i) and (2)(ii) under the
definition of QSO in 42 CFR section 2.11.

9. Additional Responsibilities of Business Associate
9.1 Safeguards and Security.
9.1.1

Business Associate shall use safeguards that reasonably and appropriately protect the
confidentiality, integrity, and availability of PHI and other confidential data and comply, where
applicable, with subpart C of 45 CFR Part 164 with respect to electronic protected health
information, to prevent use or disclosure of the information other than as provided for by this
Agreement. Such safeguards shall be based on applicable Federal Information Processing
Standards (FIPS) Publication 199 protection levels.

9.1.2

Business Associate shall, at a minimum, utilize a National Institute of Standards and Technology
Special Publication (NIST SP) 800-53 compliant security framework when selecting and
implementing its security controls and shall maintain continuous compliance with NIST SP 80053 as it may be updated from time to time. The current version of NIST SP 800-53, Revision 5,
is available online at https://csrc.nist.gov/publications/detail/sp/800-53/rev-5/final; updates will be
available online at https://csrc.nist.gov/publications/sp800.

9.1.3

Business Associate shall employ FIPS 140-3 validated encryption of PHI at rest and in motion
unless Business Associate determines it is not reasonable and appropriate to do so based upon
a risk assessment, and equivalent alternative measures are in place and documented as
such.
FIPS
140-3
validation
can
be
determined
online
at
https://csrc.nist.gov/projects/cryptographic-module-validation-program/validatedmodules/search. In addition, Business Associate shall maintain, at a minimum, the most current
industry standards for transmission and storage of PHI and other confidential information.

9.1.4 Business Associate shall apply security patches and upgrades, and keep virus software up-todate, on all systems on which PHI and other confidential information may be used.
9.1.5 Business Associate shall ensure that all members of its workforce with access to PHI and/or
other confidential information sign a confidentiality statement prior to access to such data. The
statement must be renewed annually.

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9.1.6 Business Associate shall identify the security official who is responsible for the development and
implementation of the policies and procedures required by 45 CFR Part 164, Subpart C.
9.1.7 Remote access to PHI from outside the continental United States, inclusive of remote access to
PHI by Business Associate’s support staff in identified support centers, is prohibited.
9.1.8 Business Associate shall only store PHI in a data center physically located within the continental
United States.
9.2 Business Associate’s Agent. Business Associate shall ensure that any agents, subcontractors,
subawardees, vendors or others (collectively, “agents”) that use or disclose PHI and/or confidential
information on behalf of Business Associate agree to the same restrictions and conditions that apply to
Business Associate with respect to such PHI and/or confidential information.
10. Mitigation of Harmful Effects. Business Associate shall mitigate, to the extent practicable, any harmful
effect that is known to Business Associate of a use or disclosure of PHI and other confidential information in
violation of the requirements of this Agreement.
11. Access to PHI. Business Associate shall make PHI available in accordance with 45 CFR section 164.524.
12. Amendment of PHI. Business Associate shall make PHI available for amendment and incorporate any
amendments to protected health information in accordance with 45 CFR section 164.526.
13. Accounting for Disclosures. Business Associate shall make available the information required to provide
an accounting of disclosures in accordance with 45 CFR section 164.528.
14. Collaboration. The parties shall collaborate as appropriate and necessary to ensure compliance with this
Agreement, including but not limited to Sections 11 – 13 of this Agreement. The parties acknowledge and
agree that neither party intends that this Agreement shall create obligations and/or liabilities that do not
otherwise exist as appropriate based on the nature of the work performed and applicable law.
15. Compliance with DHCS Obligations. To the extent Business Associate is to carry out an obligation of
DHCS under 45 CFR Part 164, Subpart E, comply with the requirements of the subpart that apply to DHCS
in the performance of such obligation.
16. Access to Practices, Books and Records. Business Associate shall make its internal practices, books,
and records relating to the use and disclosure of PHI on behalf of DHCS available to the federal Secretary
of Health and Human Services for purposes of determining DHCS’ compliance with 45 CFR Part 164,
Subpart E.
17. Return or Destroy PHI on Termination; Survival. At termination of this Agreement, if feasible, Business
Associate shall return or destroy all PHI and other confidential information received from, or created or
received by Business Associate on behalf of, DHCS that Business Associate still maintains in any form and
retain no copies of such information. If return or destruction is not feasible, Business Associate shall notify
DHCS of the conditions that make the return or destruction infeasible, and DHCS and Business Associate
shall determine the terms and conditions under which Business Associate may retain the PHI. If such return
or destruction is not feasible, Business Associate shall extend the protections of this Agreement to the
information and limit further uses and disclosures to those purposes that make the return or destruction of
the information infeasible.
18. Special Provision for SSA Data. If Business Associate receives data from or on behalf of DHCS that was
verified by or provided by the Social Security Administration (SSA data) and is subject to an agreement
between DHCS and SSA, Business Associate shall provide, upon request by DHCS, a list of all employees
and agents and employees who have access to such data, including employees and agents of its agents, to
DHCS.

DHCS BAA 04/2024

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19. Breaches and Security Incidents. Business Associate shall implement reasonable systems for the
discovery and prompt reporting of any breach or security incident, and take the following steps:
19.1 Notice to DHCS.
19.1.1 Business Associate shall notify DHCS immediately upon the discovery of a suspected breach
or security incident that involves SSA data. This notification shall be provided via the DHCS
Incident Reporting Portal upon discovery of the breach. If Business Associate is unable to
provide notification via the DHCS Incident Reporting Portal, then Business Associate shall
provide notice by email or telephone to DHCS.
19.1.2 Business Associate shall notify DHCS within 24 hours via the online DHCS Incident Reporting
Portal (or by email or telephone if Business Associate is unable to use the DHCS Incident
Reporting Portal) of the discovery of the following, unless attributable to a treatment provider
that is not acting as a business associate of Business Associate:
19.1.2.1 Unsecured PHI if the PHI is reasonably believed to have been accessed or acquired
by an unauthorized person;
19.1.2.2 Any suspected security incident which risks unauthorized access to PHI and/or other
confidential information;
19.1.2.3 Any intrusion or unauthorized access, use or disclosure of PHI in violation of this
Agreement; or
19.1.2.4 Potential loss of confidential information affecting this Agreement.
19.1.3 Notice submitted to the DHCS Incident Reporting Portal will be sent to the DHCS Program
Contract Manager (as applicable), the DHCS Privacy Office, and the DHCS Information
Security Office. If providing notice to DHCS via email, use the DHCS contact information at
Section 19.6 below (collectively, “DHCS Contacts”).
Notice shall be made using the DHCS Incident Reporting Portal via the link on the DHCS Data
Privacy Website online at
https://www.dhcs.ca.gov/formsandpubs/laws/priv/Pages/default.aspx
Notice via email shall be made using the current DHCS “Privacy Incident Reporting Form” and
shall include all information known at the time the incident is reported. The form is available
online at
https://www.dhcs.ca.gov/formsandpubs/laws/priv/Documents/Privacy-Incident-Report-PIR.pdf
Upon discovery of a breach or suspected security incident, intrusion or unauthorized access,
use or disclosure of PHI, Business Associate shall take:
19.1.3.1 Prompt action to mitigate any risks or damages involved with the security incident or
breach; and
19.1.3.2 Any action pertaining to such unauthorized disclosure required by applicable Federal
and State law.
19.2

Investigation. Business Associate shall immediately investigate such security incident or breach.

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19.3

Complete Report. Business Associate shall provide a complete report of the investigation to DHCS
within ten (10) working days of the discovery of the security incident or breach. This complete report
must include any applicable additional information not included in the initial submission. The complete
report shall include an assessment of all known factors relevant to a determination of whether a
breach occurred under HIPAA and other applicable federal and state laws. The report shall also
include a full, detailed corrective action plan, including its implementation date and information on
mitigation measures taken to halt and/or contain the improper use or disclosure. If DHCS requests
additional information, Business Associate shall make reasonable efforts to provide DHCS with such
information. DHCS will review and approve or disapprove Business Associate’s determination of
whether a breach occurred, whether the security incident or breach is reportable to the appropriate
entities, if individual notifications are required, and Business Associate’s corrective action plan.
19.3.1 If Business Associate does not submit a complete report within the ten (10) working day
timeframe, Business Associate shall request approval from DHCS within the ten (10) working
day timeframe of a new submission timeframe for the complete report.

19.4

Notification of Individuals. If the cause of a breach is attributable to Business Associate or its
agents, other than when attributable to a treatment provider that is not acting as a business associate
of Business Associate, Business Associate shall notify individuals accordingly and shall pay all costs
of such notifications, as well as all costs associated with the breach. The notifications shall comply
with applicable federal and state law. DHCS shall approve the time, manner and content of any such
notifications and their review and approval must be obtained before the notifications are made.

19.5

Responsibility for Reporting of Breaches to Entities Other than DHCS. If the cause of a breach
of PHI is attributable to Business Associate or its agents, other than when attributable to a treatment
provider that is not acting as a business associate of Business Associate, Business Associate is
responsible for all required reporting of the breach as required by applicable federal and state law.

19.6

DHCS Contact Information. To contact the above referenced DHCS staff, the Contractor shall
initiate contact as indicated here. DHCS reserves the right to make changes to the contact
information below by giving written notice to Business Associate. These changes shall not require
an amendment to this Agreement.
DHCS Program
Contract Manager

DHCS Privacy Office

DHCS Information Security Office

See the Scope of Work
exhibit for Program
Contract Manager
information. If this
Business Associate
Agreement is not
attached as an exhibit
to a contract, contact
the DHCS signatory to
this Agreement.

Privacy Office
c/o: Data Privacy Unit
Department of Health Care Services
P.O. Box 997413, MS 4722
Sacramento, CA 95899-7413

Information Security Office
Department of Health Care Services
P.O. Box 997413, MS 6400
Sacramento, CA 95899-7413
Email: [email protected]

Email: [email protected]
Telephone: (916) 445-4646

20. Responsibility of DHCS. DHCS agrees to not request the Business Associate to use or disclose PHI in
any manner that would not be permissible under HIPAA and/or other applicable federal and/or state law.
21. Audits, Inspection and Enforcement
21.1 From time to time, DHCS may inspect the facilities, systems, books and records of Business Associate
to monitor compliance with this Agreement. Business Associate shall promptly remedy any violation
of this Agreement and shall certify the same to the DHCS Privacy Officer in writing. Whether or how

DHCS BAA 04/2024

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DHCS exercises this provision shall not in any respect relieve Business Associate of its responsibility
to comply with this Agreement.
21.2 If Business Associate is the subject of an audit, compliance review, investigation or any proceeding
that is related to the performance of its obligations pursuant to this Agreement, or is the subject of any
judicial or administrative proceeding alleging a violation of HIPAA, Business Associate shall promptly
notify DHCS unless it is legally prohibited from doing so.
22. Termination
22.1

Termination for Cause. Upon DHCS’ knowledge of a violation of this Agreement by Business
Associate, DHCS may in its discretion:
22.1.1 Provide an opportunity for Business Associate to cure the violation and terminate this
Agreement if Business Associate does not do so within the time specified by DHCS; or
22.1.2 Terminate this Agreement if Business Associate has violated a material term of this
Agreement.

22.2

Judicial or Administrative Proceedings. DHCS may terminate this Agreement if Business
Associate is found to have violated HIPAA, or stipulates or consents to any such conclusion, in any
judicial or administrative proceeding.

23. Miscellaneous Provisions
23.1

Disclaimer. DHCS makes no warranty or representation that compliance by Business Associate with
this Agreement will satisfy Business Associate’s business needs or compliance obligations. Business
Associate is solely responsible for all decisions made by Business Associate regarding the
safeguarding of PHI and other confidential information.

23.2.

Amendment.
23.2.1 Any provision of this Agreement which is in conflict with current or future applicable Federal or
State laws is hereby amended to conform to the provisions of those laws. Such amendment of
this Agreement shall be effective on the effective date of the laws necessitating it, and shall be
binding on the parties even though such amendment may not have been reduced to writing and
formally agreed upon and executed by the parties.
23.2.2 Failure by Business Associate to take necessary actions required by amendments to this
Agreement under Section 23.2.1 shall constitute a material violation of this Agreement.

23.3

Assistance in Litigation or Administrative Proceedings. Business Associate shall make itself and
its employees and agents available to DHCS at no cost to DHCS to testify as witnesses, or otherwise,
in the event of litigation or administrative proceedings being commenced against DHCS, its directors,
officers and/or employees based upon claimed violation of HIPAA, which involve inactions or actions
by the Business Associate.

23.4

No Third-Party Beneficiaries. Nothing in this Agreement is intended to or shall confer, upon any
third person any rights or remedies whatsoever.

23.5

Interpretation. The terms and conditions in this Agreement shall be interpreted as broadly as
necessary to implement and comply with HIPAA and other applicable laws.

23.6

No Waiver of Obligations. No change, waiver or discharge of any 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.

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Medi-Cal County Inmate Program Participation Agreement 26-MCIPCOLUSA-06
County: Colusa

County Name: Colusa
ARTICLE I – STATEMENT OF INTENT
The purpose of this Participation Agreement (PA) is to permit the County of Colusa (County) to
voluntarily participate in the Medi-Cal County Inmate Program (MCIP) as a provider of acute inpatient
hospital services and inpatient psychiatric services provided to juvenile inmates who are admitted as
inpatients in a medical institution off the grounds of the correctional facility, and who, but for their
institutional status as inmates, are otherwise eligible for Medi-Cal benefits. The mutual objective of
the California Department of Health Care Services (DHCS) and the County is to improve access to
the services needed. This PA sets out responsibilities relative to the County’s participation in the
MCIP.
ARTICLE II - AUTHORITY
This PA is authorized by Welfare and Institutions Code sections 14053.7, 14053.8, and Penal Code
section 5072.
ARTICLE III – TERM AND TERMINATION OF THE AGREEMENT
1. This PA is effective on July 1, 2026.
2. This PA will remain in effect until terminated by either party pursuant to and in accordance with
the requirements and conditions set forth in this PA.
3. Termination Without Cause:
Either party may terminate this PA without cause and terminate the County’s participation in
MCIP by giving at least a 30-day prior written notification to the other party of the termination.
Notice of termination shall result in the County’s immediate withdrawal from MCIP effective on
the termination date and exclusion from further participation in MCIP unless and until such time
as the County’s participation in MCIP is reinstated by DHCS. The County shall remain
obligated to pay for the non-federal share of all MCIP services provided to the County.
4. Termination for Cause:
a. If the County fails to comply with any of the terms of this PA, DHCS may terminate this
PA for cause effective immediately by providing written notice to the County’s
representative listed in Article IV below. Furthermore, DHCS may terminate this PA for
cause if: (i) DHCS determines that the County does not meet the requirements for
participation in MCIP; (ii) the County has not submitted a valid reimbursement claim; or
(iii) the County is unable to certify that the claims are eligible for federal funds.
Termination for cause will result in the County’s immediate withdrawal and exclusion
from further participation in the MCIP. The conviction of an employee, contractor,
subcontractor, or authorized agent of the County, or of an employee or authorized agent
of a contractor or subcontractor, of any felony or of a misdemeanor involving fraud,
Page 92 of 152

Medi-Cal County Inmate Program Participation Agreement 26-MCIPCOLUSA-06
County: Colusa

abuse of any Medi-Cal applicant or beneficiary, or abuse of the Medi-Cal Program, shall
result in the exclusion of that employee, contractor, subcontractor, or authorized agent,
or employee or agent of a contractor or subcontractor, from participation in MCIP.
Failure of the County to exclude a convicted individual from participation in MCIP shall
constitute a breach of this PA for which DHCS may terminate this PA.
b. DHCS may terminate this PA in the event that DHCS determines that the County, or
any employee, contractor, subcontractor or authorized agent working with the County
has violated the laws, regulations or rules governing MCIP.
c. In cases where DHCS determines in its sole discretion that the health and welfare of
Medi-Cal beneficiaries or the public is jeopardized by continuation of this PA, this PA
shall be terminated effective on the date DHCS made such determination. After
termination of the PA, any overpayments must be returned to DHCS pursuant to
Welfare and Institutions Code sections 14176 and 14177.
d. This PA will terminate automatically upon the termination of the County’s MCIP
Administrative Service Agreement.
ARTICLE IV – PROJECT REPRESENTATIVES
Elizabeth A. Kelly, Director, Colusa County Department Health & Human Services
County of Colusa
251 E. Webster St.
Colusa, CA 95932
Uma De Silva, Chief
County-Based Claiming and Inmate Services Section
Telephone: (916) 345-7934
Fax: (916) 324-0738
E-Mail: [email protected]
Direct all inquiries and notices to:
Inmates Medi-Cal Claiming Unit
Local Governmental Financing Division
1501 Capitol Ave., MS 2628
P.O. Box 997436
Sacramento, CA 95899-7436
Telephone: (916) 345-7895
E-Mail: [email protected]
Any notice, request, demand or other communication required or permitted hereunder, shall be
deemed to be properly given when delivered in writing to the project representatives identified
above.
ARTICLE V – PAYMENT TERMS AND INVOICING

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Medi-Cal County Inmate Program Participation Agreement 26-MCIPCOLUSA-06
County: Colusa

1. The County shall compensate DHCS for the County’s apportioned share of the nonfederal
share of MCIP services listed in Article VII, as required by Welfare and Institutions Code
sections 14053.7 and 14053.8, Government Code sections 26605.6, 26605.7, and
26605.8, and Penal Code 5072 within 60 days of receipt of an invoice from DHCS. DHCS
shall submit an invoice to the County on a quarterly basis. The DHCS invoice shall specify
both the total federally claimable cost and the nonfederal share of the total cost for
payments DHCS made to providers. The DHCS invoice shall not contain, and the County
shall not compensate DHCS for, MCIP services provided by Medi-Cal providers where the
County incurs the cost of providing MCIP services and claims them through the CPE
process as outlined specifically for Designated Public Hospitals (DPHs). The County shall
not reimburse DHCS for the nonfederal share of services as Certified Public Expenditures
(CPEs) of DPHs.
2. In addition to the DHCS invoice, DHCS shall submit to the County a quarterly report
containing information regarding paid claims data for the quarter, including information
identifying the provider of services and the beneficiary, the recipient aid code, and amount
of reimbursement, and other information that may be agreed upon by theParties.
If after comparing its owed nonfederal share to payments made by the County, the County
determines it has overpaid DHCS, and the amount is undisputed by DHCS, DHCS shall
refund the overpayment to the County within 180 days of receipt of an invoice containing
the same information from the County. This refund may be made by offsetting the
overpayment amount against the County’s next quarterly payment due to DHCS.
3. DPHs in MCIP participating counties may submit claims and follow the CPE process which
includes a pricing methodology established on an annual basis. These DPHs are paid
using Federal Financial Participation (FFP) only.
ARTICLE VI – COUNTY RESPONSIBILITIES
1. Except as provided in subdivision f. of this section, the County is responsible for
reimbursing DHCS for the nonfederal share of MCIP services paid by DHCS.
a. The County may pay a Medi-Cal provider to the extent required by or otherwise
permitted by State and federal law to arrange for services for Medi-Cal beneficiaries.
Such additional amounts shall be paid entirely with county funds and shall not be
eligible for Social Security Act Title XIX FFP.
b. If DHCS pays the Medi-Cal provider more than what the County would have paid for
services rendered, the County shall not request and receive the difference from the
Medi-Cal provider.
c. If the County would have paid the Medi-Cal provider less than what DHCS paid the
Medi-Cal provider, the County is obligated to reimburse DHCS for the nonfederal share
of DHCS’ full payment for the MCIP services.
d. In the event that FFP is unavailable for any MCIP service claimed pursuant to this PA,
the County shall be solely responsible for arranging and paying for the MCIP service.
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Medi-Cal County Inmate Program Participation Agreement 26-MCIPCOLUSA-06
County: Colusa

e. If the Centers for Medicare & Medicaid Services (CMS) determine an overpayment has
occurred, including the application of any federal payment limit that reduces the amount
of FFP available, then DHCS shall seek the overpayment amount from the provider,
return the collected FFP to CMS, and return the collected nonfederal share to the
County. In the event DHCS cannot recover the overpayment from the Medi-Cal
provider, the County shall pay DHCS an amount equal to the FFP portion of the
unrecovered amount to the extent that Section 1903(d)(2)(D) of the Social Security Act
is found not to apply.
f. The County is not responsible for reimbursing DHCS for the nonfederal share of
expenditures for MCIP services provided by DPHs when those services are reimbursed
under the CPE process because DHCS is not responsible for the nonfederal share of
expenditures for MCIP services reimbursed through the CPE process.
2. If CMS determines DHCS claimed a higher Federal Medical Assistance Percentage
(FMAP) rate than is allowed and FFP is reduced by CMS, then the County shall hold DHCS
harmless for the return of the FFP to CMS.
3. Upon the County’s compliance with all applicable provisions in this PA and applicable State
and federal laws, regulations and MCIP rules, the County may send its MCIP-eligible
beneficiaries to Medi-Cal providers to receive MCIP services.
4. The County understands and agrees that the overall nature of the medical facilities in which
an inmate receives medical services must be one of community interaction such that
members of the general public may be admitted to receive services and admission into the
medical facility or into specific beds within the facility is not limited to individuals under the
responsibility of a correctional facility, and that inmates are admitted to specific medical
units, not based on their status as inmates of a correctional institution, but rather on their
treatment needs and plan of care.
5. Ensure that an appropriate audit trail exists within County records and accounting
system(s) and maintain expenditure data as indicated in this PA.
6. The County agrees to provide to DHCS or any federal or state department with monitoring,
auditing or reviewing authority, access and the right to examine its applicable records and
documents for compliance with relevant federal and State statutes, rules and regulations,
and this PA.
7. In the event of any federal deferral or disallowance applicable to MCIP expenditures, the
County shall provide all documents requested by DHCS within 14 days of DHCS’ request.
8. The County shall assist with the completion and delivery of completed Medi-Cal
applications to the County Welfare Department within 90 days after the date of admission
of the beneficiary to a Medi-Cal provider off the grounds of the County correctional facility
resulting in an expected stay of more than 24 hours.

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Medi-Cal County Inmate Program Participation Agreement 26-MCIPCOLUSA-06
County: Colusa

9. As a condition of participation in MCIP, and in recognition of revenue generated by MCIP,
the County shall pay annual administrative costs directly to DHCS.
a. The annual administrative costs payment shall be used to pay DHCS’ administrative
costs associated with MCIP, including, but not limited to, claims processing, technical
assistance, and monitoring. DHCS shall determine and report staffing requirements
upon which projected costs will be based.
b. The amount of the administrative costs shall be based upon the anticipated State
salaries, benefits, operating expenses, and equipment necessary to administer MCIP
and other costs related to administering the MCIP.
c. The County shall enter into a separate agreement with DHCS to reimburse DHCS for the
administrative costs incurred by DHCS to administer MCIP.
ARTICLE VII – DHCS RESPONSIBILITIES
1. DHCS shall pay the appropriate Medi-Cal fee-for-service rate to Medi-Cal providers that
directly bill DHCS for MCIP services rendered to the County’s MCIP eligible beneficiaries
and seek FFP for these service claims. DHCS shall be responsible to pay such Medi-Cal
providers only to the extent the County commits to reimburse DHCS for the nonfederal
share of all federally reimbursable MCIP claims for which FFP is available and obtained by
DHCS for the MCIP service claims.
2. DHCS shall maintain accounting records to a level of detail that identifies the actual
expenditures incurred for MCIP services, the services provided, the county responsible, the
specific MCIP-eligible beneficiary treated, the MCIP-eligible beneficiaries aid code, and the
specific provider billing.
3. DHCS shall submit claims in a timely manner to CMS to draw down FFP and shall
distribute FFP for all eligible claims.
4. DHCS shall:
a. Ensure that an appropriate audit trail exists within DHCS’ records and accounting
system(s) and maintain expenditure data as indicated in this PA.
b. Designate a person to act as liaison with the County concerning issues arising under
this PA. This person shall be identified to the County’s contact person for this PA.
c. Provide a written response by email or mail to the County’s contact person within 30
days of receiving a written request for information related to MCIP.
d. With each quarterly invoice, provide a paid claim analysis report to the County regarding
MCIP claims submitted by providers for the County’s MCIP-eligible beneficiaries. This
analysis shall be used to determine the amount of the nonfederal share that the County
is obligated to pay under this PA.

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Medi-Cal County Inmate Program Participation Agreement 26-MCIPCOLUSA-06
County: Colusa

5. Should the services to be performed under this PA conflict with DHCS’ responsibilities under
federal Medicaid law, those responsibilities shall take precedence.
6. DHCS’ cessation of any activities due to federal Medicaid responsibilities does not relieve
the County of the obligation to reimburse DHCS for MCIP services incurred by DHCS in
connection with this PA for periods in which the County participated in MCIP.
7. DHCS agrees to provide to the County, or any federal or State department with monitoring,
auditing or reviewing authority, access to and the right to examine its applicable records
and documents for compliance with relevant federal and state statutes, rules and
regulations, and this PA.
ARTICLE VIII – FISCAL PROVISIONS
1. DHCS will invoice the County quarterly at the address indicated in Article IV. Each invoice
shall include the agreement number and supporting documentation for the previous
quarter’s paid claims.
2. Counties are required to have an authorized county representative sign and submit the
MCIP Certification and Hold Harmless to DHCS annually to ensure the County is providing
efficient oversight of federal expenditures.
ARTICLE IX – BUDGET CONTINGENCY CLAUSE
1. It is mutually agreed that if the State Budget Act of the current State Fiscal Year (SFY) and
any subsequent SFYs covered under this PA does not provide sufficient funds for MCIP,
this PA shall be of no further force and effect. In this event, the DHCS shall have no liability
to pay any funds whatsoever to the County or to furnish any other considerations under the
PA, and the County shall not be obligated to perform any provisions of this PA.
2. If funding for any SFY is reduced or deleted by the State Budget Act for purposes of MCIP,
DHCS shall have the option to either cancel this PA, with no liability occurring to DHCS, or
offer an amendment to the PA to the County to reflect the reduced amount.
ARTICLE X – LIMITATION OF STATE LIABILITY
1. In the event of a federal audit disallowance, the County shall cooperate with DHCS in
replying to and complying with any federal audit exception related to MCIP. The County
shall assume sole financial responsibility for any and all federal audit disallowances related
to the rendering of services under this PA. The County shall assume sole financial
responsibility for any and all penalties and interest charged as a result of a federal audit
disallowance related to the rendering of services under this PA. The amount of the federal
audit disallowance, plus interest and penalties shall be payable on demand to DHCS.
2. To the extent that a federal audit disallowance and interest results from a claim or claims
for which the Medi-Cal provider has received reimbursement for MCIP services under this
PA, DHCS shall recoup from the Medi-Cal provider, upon written notice of 60 days after the
completion of an audit or other examination that results in the discovery of an overpayment
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Medi-Cal County Inmate Program Participation Agreement 26-MCIPCOLUSA-06
County: Colusa

per Welfare and Institutions Code section14172.5, amounts equal to the amount of the
disallowance and interest in that state fiscal year for the disallowed claim, less the amounts
already remitted to or recovered by DHCS.
ARTICLE XI – AMENDMENT
1. This PA and any exhibits attached hereto, along with the MCIP Administrative Agreement
shall constitute the entire agreement among the parties regarding MCIP and supersedes
any prior or contemporaneous understanding or agreement with respect to MCIP and may
be amended by the parties only by a written amendment to this PA.
2. Changes to the project representatives may be made via written communication including
email by either party and shall not constitute a formal amendment to the PA.
ARTICLE XII – GENERAL PROVISIONS
1. None of the provisions of this PA are or shall be construed as for the benefit of, or
enforceable by any person not a party to this PA.
2. The interpretation and performance of this PA shall be governed by the laws of the State of
California. The venue shall lie only in counties in which the California Attorney General
maintains an office.
3. DHCS and the County shall maintain and preserve all records relating to this PA for a
period of three years from DHCS’ receipt of the last payment of FFP or until three years
after all audit findings are resolved, whichever is later. This does not limit any
responsibilities held by DHCS or the County provided for elsewhere in this PA, or in State
or federal law.
4. Any action or inaction by DHCS or any failure of DHCS on any occasion, to enforce any
right or provision of this PA, shall not be interpreted as a waiver by DHCS of its rights
hereunder and shall not prevent DHCS from enforcing such provision or right on any future
occasion. The rights and remedies of DHCS herein are cumulative and are in addition to
any other rights or remedies that DHCS may have at law or in equity.
ARTICLE XIII – INDEMNIFICATION
It is agreed that the County shall defend, hold harmless, and indemnify DHCS, its officers,
employees, and agents from any and all claims liability, loss or expense (including reasonable
attorney fees) for injuries or damage to any person or property which arise out of the terms and
conditions of this PA and the negligent and intentional acts or omissions of the County, its officers,
employees, or agents.
ARTICLE XIV – AVOIDANCE OF CONFLICTS OF INTEREST
The County is subject to compliance with the Medi-Cal Conflict of Interest Law, as applicable and set
forth in Welfare and Institutions Code section 14022, and Article 1.1 (commencing with Welfare and

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Medi-Cal County Inmate Program Participation Agreement 26-MCIPCOLUSA-06
County: Colusa

Institutions Code section 14047), and implemented pursuant to 22 California Code of Regulations,
section 51466.
ARTICLE XV – CONFIDENTIALITY
The County shall comply with the applicable confidentiality requirements as specified in Section
1902(a)(7) of the Social Security Act; 42 Code of Federal Regulations, part 431.300; Welfare and
Institutions Code section 14100.2; 22 California Code of Regulations, section 51009; and, the
Business Associates Agreement hereby incorporated by reference.
ARTICLE XVI – ALTERNATIVE FORMATTING
1. The County assures the State that it complies with the Americans with Disabilities Act (ADA)
(42 U.S.C. § 12101, et. seq.), which prohibits discrimination on the basis of disability, as well
as all applicable regulations and guidelines issued pursuant to the ADA.
2. County will ensure that deliverables developed and produced pursuant to this Agreement
comply with federal and state laws, regulations or requirements regarding accessibility and
effective communication, including the ADA, which prohibits discrimination on the basis of
disability, and section 508 of the Rehabilitation Act of 1973 as amended (29 U.S.C. § 794 (d)).
Specifically, electronic and printed documents intended as public communications must be
produced to ensure the visual-impaired, hearing-impaired, and other special needs audiences
are provided material information in the formats needed to provide the most assistance in
making informed choices. These formats include but are not limited to braille, large font, and
audio.

THIS SPACE INTENTIONALLY LEFT BLANK

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Medi-Cal County Inmate Program Participation Agreement 26-MCIPCOLUSA-06
County: Colusa

The signatories to this PA warrant that they have full and binding authority to the commitments
contained herein on behalf of their respective entities.
County Name: _______________________________________________________
_________________________________
Name of Authorized Representative
(Person legally authorized to bind contracts for the County)

_________________________________
Title of Authorized Representative
_________________________________
Signature of Authorized
Representative
_________________________________
Date

STATE OF CALIFORNIA – DEPARTMENT OF HEALTH CARE SERVICES
_______________________________________
Signature of the DHCS Authorized Representative
Typed or Printed Name of the DHCS Authorized Representative
Typed or Printed Title of the DHCS Authorized Representative
_______________________________________
Date

Page 100 of 152

Michelle Baass | Director

DATE:

4/21/2026

TO:

County of Colusa

SUBJECT:

Medi-Cal County Inmate Program (MCIP) Contract No. 26-60112 for
Administrative Services and Participation Agreement Contract No. 26MCIPCOLUSA-06 Term July 1, 2026 – June 30, 2029.

Enclosed for signature is the MCIP contract for administrative services along with the
participation agreement for term July 1, 2026 – June 30, 2029.
The MCIP contracts must be signed by the Contractor’s appropriate designee and
returned to the Department of Health Care Services (DHCS) as soon as possible upon
receipt of renewal contract materials.
The requirements for processing the enclosed amendment include the following:
 Obtain a resolution, approved board minutes, order, motion, or ordinance from
your County Board of Supervisors, which specifically approves and authorizes
execution of this contract.

 The individual authorized by the County must sign (in blue ink) one copy of both
Agreements*. Please ensure that the printed name and title are neatly

written/typed into the appropriate boxes on the contracts (ensuring all written

information is legible).
Local Governmental Financing Division
P.O. Box No. 997436 | MS 2628
Sacramento, CA 95899-7436
Email: [email protected]
http://www.DHCS.ca.gov)

State of California
Gavin Newsom, Governor
California Health and Human Services Agency

Page 101 of 152

Page 2

 Return the following to DHCS: **Please do not staple any documents.**

o One copy of resolution, approved board of minutes, order, motion, or

ordinance (or authority documentation if signed by someone other than
BOS).

o One original signed of each Agreement. Only an original with a blue ink,
wet signature will be accepted; signature stamps or seals are not an

acceptable form of signature.

o One original; Contractor Certification Clauses
* If your County requires a physical copy to be sent back via mail, please send

additional original copies signed with blue ink. Otherwise, you will receive an
electronic copy via email.

 Send to:
Regular Mail or Overnight Mail

Department of Health Care Services
Contracts Division

Attention: Nga Pham

1501 Capitol Avenue, MS 4200
Sacramento, CA 95814

 Please retain a copy of the documents as a temporary record until such time you
receive a copy of the executed Agreements.

Page 102 of 152

Page 3

We appreciate working with you. If you have any questions, please email the IMCU
inbox at [email protected].

Sincerely,

Priscilla Molina,
Analyst II
Department of Health Care Services Local Governmental Financing County Based Inmate
Services Section Inmate Medi-Cal Claiming Unit

Enclosures:
 MCIP Administrative Services Contract No. 26-60112
 Participation Agreement Contract No. 26-MCIPCOLUSA-06
 DHCS HIPAA BAA

Page 103 of 152

Colusa County
Agenda Request Form
Item ID#: 2026-673

Agenda Date: 8/25/2026

Item IV.6

SHERIFF/CORONER
Subject
Resolution of the Colusa County Board of Supervisors Authorizing the Execution and
Delivery of a Facility Sublease for the Colusa Jail Project.
Action Requested
Adopt a Resolution of the Colusa County Board of Supervisors Authorizing the Execution
and Delivery of a Facility Sublease for the Colusa Jail Project and Authorizing Certain
Actions In Connection Therewith.
Detailed Description
The Colusa County Sheriff's Office has completed construction of the Colusa County
Detention and Treatment Facility (CCDTF). The facility is located directly adjacent, and
connected to the existing Colusa County Jail at 929 Bridge Street in Colusa, CA. The
County of Colusa received $20 million through SB 863 from the State of California to
construct the facility. Part of the agreement requires a sublease agreement between
the Board of State and Community Corrections (BSCC) and the County of Colusa.
The BSCC intends to provide long-term financing for the Project through the issuance
and sale of lease revenue bonds of the Board (the “Bonds”) as authorized by the State
Building Construction Act of 1955 (being Part 10b of Division 3 of Title 2 of the California
Government Code commencing at Section 15800) (the “Act”), which Bonds will be
secured, in part, by the Base Rental payments to be made under a Facility Lease to be
entered into by and between the Department and the Board (the “Facility Lease”).
The Facility Sublease establishes the terms and conditions under which the County will
occupy, operate, and maintain the facility during the term of the State’s financing.
Adoption of the proposed Resolution will authorize the execution and delivery of the
Facility Sublease and authorize the County to take the additional actions necessary to
complete the financing and related documentation.
Although the Board is being asked to authorize the Facility Sublease at this time, the
documents will not be executed until all required documents have been finalized by
the County and State. Finalization is currently anticipated during the last week of
October.
Fiscal Impact
No Fiscal Impact

Page 104 of 152

Personnel Impact
No Personnel Impact
Contact
Michael Bradwell
Action for the Clerk
Returned signed resolution to Assistant Sheriff Mike Bradwell.
Attachments:
1.
FACILITY SUBLEASE SPWB 2026D (BSCC) (COLUSA) 8.13.2026
2.
COUNTY RESOLUTION (BSCC) (COLUSA) 8.13.2026

Page 105 of 152

Stradling Yocca Carlson & Rauth
Draft dated 8/13/26
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

)
)
)
STRADLING YOCCA CARLSON & RAUTH )
660 Newport Center Drive, Suite 1600
)
Newport Beach, California 92660
)
Attention: Lawrence Chan, Esq.
)
[Space above for Recorder’s use.]

FACILITY SUBLEASE
by and between the
BOARD OF STATE AND COMMUNITY CORRECTIONS
OF THE STATE OF CALIFORNIA,
as Sublessor
and
COUNTY OF COLUSA,
as Sublessee
Dated as of ________ 1, 2026
COLUSA JAIL PROJECT
(COLUSA COUNTY)

NO DOCUMENTARY TRANSFER TAX DUE. This
Facility Sublease is recorded for the benefit of the State
of California and is exempt from California
documentary transfer tax pursuant to Section 11928 of
the California Revenue and Taxation Code and from
recording fees pursuant to Sections 6103, 27383 and
27388.1 (a)(2)(D) and (d)(2) of the California
Government Code. Lease term less than 35 years.

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TABLE OF CONTENTS
SECTION 1.

Definitions ..................................................................................................................2

SECTION 2.

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

SECTION 3.

Term ...........................................................................................................................2

SECTION 4.

Consideration and Conflict between Documents .......................................................2

SECTION 5.

Purpose and Use .........................................................................................................2

SECTION 6.

Obligations of Participating County ...........................................................................2

SECTION 7.

Insurance ....................................................................................................................3

SECTION 8.

Assignment, Subletting of Facility or Third Party Use ..............................................5

SECTION 9.

Hazardous Materials ...................................................................................................5

SECTION 10.

Termination, Breach, Default and Damages ..............................................................7

SECTION 11.

Additions, Betterments, Extensions or Improvements; Prohibition Against
Encumbrance ..............................................................................................................9

SECTION 12.

Continuing Disclosure ..............................................................................................11

SECTION 13.

Status of Private Activity Use of the Facility ...........................................................11

SECTION 14.

Tax Covenants ..........................................................................................................11

SECTION 15.

No Merger ................................................................................................................12

SECTION 16.

Waste ........................................................................................................................12

SECTION 17.

Amendments .............................................................................................................12

SECTION 18.

Waiver ......................................................................................................................12

SECTION 19.

Non-Liability of the Department and other State Entities ........................................12

SECTION 20.

Indemnification ........................................................................................................13

SECTION 21.

Law Governing .........................................................................................................13

SECTION 22.

Headings ...................................................................................................................13

SECTION 23.

Notices ......................................................................................................................13

SECTION 24.

Successors and Assigns ............................................................................................14

SECTION 25.

Validity and Severability ..........................................................................................14

SECTION 26.

Execution ..................................................................................................................14

SECTION 27.

Recordation of Lease ................................................................................................15

SECTION 28.

Multiple Originals ....................................................................................................15

SECTION 29.

Net Lease ..................................................................................................................15

SECTION 30.

Effect of Substitution................................................................................................15

SECTION 31.

Board as Third Party Beneficiary .............................................................................15

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Page 107 of 152

Signatures

................................................................................................................................S-1

EXHIBIT A

LEGAL DESCRIPTION OF SITE ........................................................................A-1

EXHIBIT B

DESCRIPTION OF PROJECT ..............................................................................B-1

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ii
Page 108 of 152

FACILITY SUBLEASE
This Facility Sublease (the “Facility Sublease”), dated as of ________ 1, 2026, is made and
entered into by and between the BOARD OF STATE AND COMMUNITY CORRECTIONS OF THE
STATE OF CALIFORNIA, as sublessor (the “Department”) and the COUNTY OF COLUSA, a
political subdivision of the State of California, as sublessee (the “Participating County”).
RECITALS
WHEREAS, pursuant to Chapter 3.131 of Part 10b of Division 3 of Title 2 of the California
Government Code commencing at Section 15820.93 (together, the “Law”), the State Public Works
Board (the “Board”) is authorized to finance the acquisition, design, and construction of an adult local
criminal justice facility; and
WHEREAS, in accordance with the Law, the Participating County has constructed an adult
local criminal justice facility as described in Exhibit B hereto (the “Project”), which is located at 919
Bridge Street, Colusa, CA 95932, on the real property described and depicted in Exhibit A hereto (the
“Site”), fee title to which is owned by the Participating County; and
WHEREAS, the Participating County, as fee owner of the Site, has leased the Site to the
Department pursuant to an Amended and Restated Ground Lease, dated as of September 30, 2025,
executed by and between the Participating County, as landlord, and the Department, as tenant, and
consented to by the Board, and recorded on October 21, 2025 in the Official Records of the County of
Colusa as Document No. 2025-0002511 (the “Ground Lease”); and
WHEREAS, pursuant to the Law, the Board has issued the Bonds (as defined in the Facility
Lease (as defined below)) to finance and refinance the Project, in conjunction with which the
Department, as lessor, and the Board, as lessee, entered into the Site Lease (as defined in the Facility
Lease), providing for the sublease of the Site, the existing improvements thereon and all rights
appurtenant thereto to the Board, and the Board, as lessor, and the Department, as lessee, entered into
a facility lease dated as of ________ 1, 2026, as amended from time-to-time (the “Facility Lease”),
providing for the leasing of the Site and the Project to the Department (the Site, together with the
Project, the “Facility”); and
WHEREAS, the Site Lease and the Facility Lease will provide security for the Bonds which
have been issued by the Board under the Indenture (as defined in the Facility Lease), by and between
the Board and the Treasurer of the State of California, as trustee (the “State Treasurer”); and
WHEREAS, the Department, pursuant to the Law, is authorized to enter into one or more
subleases and/or contracts with the Participating County; and
WHEREAS, the Participating County, as sublessee, will be responsible for all the maintenance
and operating costs for the Facility; and
WHEREAS, payment of the principal of and interest on the Bonds will be made through rental
payments made under the Facility Lease by the Department from annual appropriations to the
Department included in the State budget, but the costs of operating and maintaining the Facility will
be paid by the Participating County; and

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WHEREAS, it is the intent of the parties that, upon the payment in full of the Bonds and all
other indebtedness incurred by the Board for the Project, if any, the Ground Lease, the Site Lease, the
Facility Lease and this Facility Sublease will terminate in accordance with their respective terms and
fee title to the Project will vest in the Participating County pursuant to the terms and conditions in the
Ground Lease.
NOW THEREFORE, the parties hereto mutually agree as follows:
SECTION 1.
Definitions. Unless otherwise required by the context, all capitalized terms
used herein and not defined herein shall have the meanings assigned such terms in the Facility Lease
or the Indenture.
SECTION 2.
Sublease of the Facility to the Participating County Subject to Facility Lease.
The Participating County hereby leases the Facility from the Department, and the Department hereby
leases the Facility to the Participating County, on the terms and conditions hereinafter set forth, subject
to all easements, encumbrances and restrictions of record, including without limitation, the terms and
conditions of the Site Lease and the Facility Lease. This Facility Sublease is in all respects subordinate
and subject to the Site Lease and the Facility Lease. The Participating County covenants it shall
continuously operate and maintain the Facility and shall have no right to abandon the Facility.
SECTION 3.
Term. The term of this Facility Sublease shall commence on the date of
initial issuance and delivery of the Bonds and shall terminate on the same date as the Facility Lease,
unless such term is extended by the parties hereto, or unless sooner terminated as provided herein,
provided, however, except as set forth in Section 10(b) or (c), no termination of this Facility Sublease
shall occur until all the Bonds and all other indebtedness incurred by the Board for the Project, if any,
have been fully repaid.
SECTION 4.
Consideration and Conflict between Documents. The Department makes this
Facility Sublease in consideration for the public benefit to the State of California (the “State”) provided
by the Project, which is described in Government Code Section 15820.933, and for the undertaking by
the Participating County of the financial obligations required under this Facility Sublease. This Facility
Sublease is subject to the terms of the Ground Lease, Site Lease and Facility Lease and in the event of
a conflict between this Facility Sublease and any of the Ground Lease, the Site Lease or the Facility
Lease, the provisions of the Ground Lease, the Site Lease or the Facility Lease, as the case may be,
shall control.
SECTION 5.
Purpose and Use. The Site shall be used by the Participating County for the
purpose of staffing, operating and maintaining the Project and appurtenances related thereto, in order
to provide the Project and for such other purposes as may be ancillary and related thereto for State and
local criminal justice agencies. The Participating County shall be required to obtain the prior written
consent of the Department and the Board for any change in use of the Facility, or any part thereof.
SECTION 6.

Obligations of Participating County.

(a)
Maintenance, Repair, Replacement and Utilities. The Participating County
shall, at its own cost and expense, pay for all maintenance and repair, both ordinary and extraordinary,
of the Facility. The Participating County shall at all times maintain, or otherwise arrange for the
maintenance of, the Facility in good condition, and the Participating County shall pay for, or otherwise
arrange for, the payment of all utility services supplied to the Facility, and shall pay for, or otherwise

4919-0302-5344v5/024238-0108

2
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arrange for, the payment of the costs of the repair and replacement of the Facility resulting from
ordinary or extraordinary wear and tear or want of care on the part of the Participating County or any
other cause (except for a catastrophic uninsured loss), and shall pay for, or otherwise arrange for, the
payment of any insurance policies, except those provided by the Department pursuant to the Facility
Lease.
(b)
Rent. The Department shall pay all Base Rental and Additional Rental as
defined in and as required under the Facility Lease. The Participating County shall pay upon the order
of the Department or the Board as rent hereunder such amounts, if any, in each year as shall be required
by the Department or the Board for the payment of all applicable taxes and assessments of any type or
nature assessed or levied by any governmental agency or entity having power to levy taxes or
assessments charged to the Department, the Board or the State Treasurer affecting or relating to the
Facility or their respective interests or estates therein. Except for the Base Rental and Additional Rental
obligations and insurance obligations as specified in the Facility Lease, the Department shall have no
duty under this Facility Sublease to pay for any other costs to maintain and operate the Facility. The
rent required under this Section 6(b) shall be abated proportionately during any period in which the
Department’s obligation to pay rent under the Facility Lease shall be abated.
The Participating County shall submit to the Department within 15 Business Days of the final
adoption of the Participating County’s budget each year, a copy of its approved and authorized budget,
or other written information acceptable to the Department, that details the amounts allocated to
maintain and operate the Facility, including any reserves. On November 1 of each year during the term
of this Facility Sublease, the Department shall submit a report to the Board including a summary of
the information provided by the Participating County as set forth in this paragraph. This report shall
be in a form approved by the Board and shall incorporate any other summary to be provided by the
Department pursuant to the terms of any facility sublease entered into by the Department in connection
with facilities constructed pursuant to the Law, as applicable.
SECTION 7.

Insurance.

(a)
Insurance Obligations of the Department. The Department will pay or cause
to be paid the cost of all insurance required to be maintained under the Facility Lease. The Participating
County will not be required to pay or reimburse the Department or any other State agency for these
insurance costs or any deductible paid by the State. The Department will provide, or cause to be
provided, proof of insurance coverage to the Participating County upon request of the Participating
County.
In the event of (i) damage or destruction of the Facility caused by the perils covered by
the insurance required under the Facility Lease and (ii) if the Board elects, under the terms of the
Facility Lease and the Indenture, to redeem the outstanding Bonds, and (iii) if any insurance proceeds
remain after the Bonds have been redeemed and such remaining proceeds are not needed under the
terms of the Indenture, and (iv) such funds are distributed to the Department, then the Department
agrees to distribute such funds to the Participating County.
The Department will not insure the Participating County’s equipment, stored goods,
other personal property, fixtures, or tenant improvements, nor such personal property owned by
Participating County’s, subtenants or assigns, if any, or invitees. The Department shall not be required
to repair any injury or damage to any personal property or trade fixtures installed in the Facility by the
Participating County caused by fire or other casualty, or to replace any such personal property or trade

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fixtures. The Participating County may, at its sole option and expense, obtain physical damage
insurance covering its equipment, stored goods, other personal property, fixtures or tenant
improvement or obtain business interruption insurance.
To the extent permitted by law, the Department and the Participating County agree to
release the other and waive their rights of recovery against the other for damage to the Facility or their
respective property at the Facility arising from perils insured under any commercial property insurance
listed in this Facility Sublease or the Facility Lease. The property insurance policies of the Department
and the Participating County shall contain a waiver of subrogation endorsement in favor of the other.
(b)
Insurance Obligations of the Participating County. The Participating County,
at its own cost and expense, shall secure and maintain or cause to be secured and maintained from an
insurance company or companies approved to do business in the State of California and maintain
during the entire term of this Facility Sublease, the following insurance coverage for the Facility:
(1)
General liability insurance in an amount not less than one million
Dollars ($1,000,000) per occurrence. Evidence of such insurance shall be on a General Liability
Special Endorsement form and should provide coverage for premises and operations, contractual,
personal injury and fire legal liability;
(2)
By signing this Facility Sublease, the Participating County hereby
certifies that it is aware of the provisions of Section 3700, et seq., of the California Labor Code which
require every employer to be insured against liability for Workers’ Compensation or to undertake selfinsurance in accordance with the provisions of that Code, and that it will comply, and it will cause its
subtenants and assignees to comply, with such provisions at all such times as they may apply during
the term of this Facility Sublease.
(3)
Auto insurance (written on ISO policy form CA 00 01 or its equivalent)
with a limit of not less than one million dollars ($1,000,000) per occurrence. Such insurance shall
include coverage for all “owned,” “hired” and “non-owned” vehicles or coverage for any auto.
(c)
Additional Insureds. The Participating County agrees that the Department and
the Board and their officers, agents and employees shall be included as additional insureds in all
insurance required herein; provided, however that this Section 7(c) shall not apply to the Workers’
Compensation insurance referenced in Section 7(b)(2) hereof.
(d)
Insurance Certificate. The Participating County shall submit or cause to be
submitted to the Department, by no later than June 30th of each year, a certificate of insurance or other
evidence of insurance in a form satisfactory to the Department demonstrating that the insurance
required to be maintained by the Participating County hereunder is in full force and effect.
(e)
Self-Insurance. Notwithstanding any other provision of this Section, the
Participating County may satisfy the insurance obligations hereunder by a combination of commercial
insurance, formal risk pooling under California statutory provisions, and/or a self-funded loss reserve
in whatever proportions are deemed appropriate by the Participating County and acceptable to the
Department and the Board. The Participating County shall furnish the Department and the Board with
a certificate or other written evidence of the Participating County’s election to provide or cause to be
provided all or part of its coverage under a risk pooling, risk retention, or self-insurance program or
any combination thereof.

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SECTION 8.

Assignment, Subletting of Facility or Third Party Use.

(a)
The Participating County shall not sublet, assign or allow any third party,
including but not limited to the federal government or any agency or instrumentality thereof, to use
any portion of the Facility, or permit its subtenants, assignees or third party users to sublet or assign
portions of the Facility, without obtaining the prior written consent and approval of the Department
and the Board, which may be granted or denied in their sole discretion, and, provided further, that any
such sublease, assignment or use agreement shall be subject to the following conditions:
(1)
Any sublease, assignment or use agreement related to the Facility
entered into or consented to by the Participating County shall explicitly provide that such agreement
is subject to all rights of the Board under the Facility Lease, including, the Board’s right to re-enter
and re-let the Facility or terminate the Facility Lease upon a default by the Department and to all rights
of the Department under this Facility Sublease including, the Department’s right to re-enter and re-let
the Facility or terminate this Facility Sublease upon a default by the Participating County; and
(2)
At the request of the Department or the Board, the Participating County
shall furnish the Department and the Board with an opinion of nationally recognized bond counsel
acceptable to the Board to the effect that such sublease, assignment or use agreement will not, in and
of itself, cause the interest on the Bonds issued on a tax-exempt basis to be included in gross income
for federal income tax purposes.
(b)
The Participating County acknowledges that, if the Department breaches the
terms of the Facility Lease, a remedy for such breach available to the Board under the Facility Lease
is to enter and re-let the Facility to an entity other than the Department. If the Board, at its discretion,
chooses to exercise this remedy, the Board agrees that its first offer to relet the Facility shall be made
to the Participating County; provided, however, the terms of such offer shall be determined at the sole
reasonable discretion of the Board.
(c)

This Facility Sublease shall not be subordinated to any sublease, assignment or

use agreement.
(d)
So long as any Bonds remain Outstanding, the obligation under paragraph (a)
above for the Participating County to obtain the written consent and approval of the Department and
the Board prior to subletting, assigning or allowing any third party use of any portion of the Facility
shall survive the termination of this Facility Sublease.
SECTION 9.
Hazardous Materials. The Participating County shall fully disclose in writing
to the Department and the Board the existence, extent and nature of any Hazardous Materials (defined
below), substances, wastes or other environmentally regulated substances, of which the Participating
County has actual knowledge relative to the Facility. The Participating County further warrants,
covenants and represents that it will promptly notify the Department and the Board in writing of any
change in the nature or extent of any Hazardous Materials, substances or wastes maintained on, in,
around or under the Facility or used in connection therewith, of which the Participating County gains
actual knowledge, and will transmit to the Department and the Board copies of any citations, orders,
notices or other material governmental or other communication received by the Participating County
with respect to any other Hazardous Materials, substances, wastes or other environmentally regulated
substances affecting the Facility. The Participating County shall ensure (as to itself), and shall use its
best efforts to ensure (as to its contractors, consultants, sublessees and other agents), that all activities

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of the Participating County or any officers, employees, contractors, consultants, sublessees, or any
other agents of the Participating County performed at the Facility will be in full compliance with all
Environmental Laws, and further agrees that neither the Participating County nor its contractors,
consultants, sublessees, agents, officers or employees will engage in any management of solid wastes
or Hazardous Materials at the Facility which constitutes noncompliance with or a violation of any
Environmental Laws. If there is a release of Hazardous Materials on or beneath the Facility which
constitutes noncompliance with or a violation of any Environmental Laws, the Participating County
shall promptly take all action necessary to investigate and remedy such release.
The Participating County shall defend, indemnify and hold the State of California, including,
but not limited to, the Department, the Board and their officers, directors, agents, employees and
successors and assigns (each, an “Indemnified Party” and, together, the “Indemnified Parties”)
harmless from and against any and all damages, penalties, fines, claims, liens, suits, liabilities, costs
(including cleanup costs), judgments and expenses (including attorneys’, consultants’, or experts’ fees
and expenses of every kind and nature) suffered by or asserted against one or more of the Indemnified
Parties as a direct or indirect result of any warranty or representation made by the Participating County
in the preceding paragraph being false or untrue in any material respect or the breach of any obligation
of the Participating County in the preceding paragraph or as a result of any act or omission on the part
of the Participating County or any contractor, consultant, sublessee or other agent of the Participating
County which constitutes noncompliance with or a violation of any Environmental Laws. The
indemnification obligations set forth in this paragraph shall survive any termination of this Facility
Sublease.
“Hazardous Materials” means any substance, material, or waste which is or becomes, prior to
the date of execution and delivery hereof, regulated by any local governmental authority, the State of
California, or the United States Government, including, but not limited to, any material or substance
which is (i) defined as a “hazardous substance”, “hazardous material”, “toxic substance”, “solid
waste”, “pollutant or contaminant”, “hazardous waste”, “extremely hazardous waste”, or “restricted
hazardous waste” under the Comprehensive Environmental Response, Compensation and Liability Act
of 1980 (“CERCLA”) [42 U.S.C.A §§ 9601 et seq.]; the Resource Conservation and Recovery Act of
1976 (“RCRA”) [42 U.S.C.A §§ 6901 et seq.]; the Clean Water Act, also known as the Federal Water
Pollution Control Act (“FWPCA”) [33 U.S.C.A §§ 1251 et seq.]; the Toxic Substances Control Act
(“TSCA”) [15 U.S.C.A §§ 2601 et seq.]; the Federal Insecticide, Fungicide, Rodenticide Act [7
U.S.C.A §§ 136 et seq.]; the Superfund Amendments and Reauthorization Act [42 U.S.C.A §§ 9601
et seq.]; the Clean Air Act [42 U.S.C.A §§ 7401 et seq.]; the Safe Drinking Water Act [42 U.S.C.A §§
300f et seq.]; the Solid Waste Disposal Act [42 U.S.C.A §§ 6901 et seq.]; the Surface Mining Control
and Reclamation Act [30 U.S.C.A §§ 1201 et seq.]; the Emergency Planning and Community Rightto-Know Act [42 U.S.C.A §§ 11001 et seq.]; the Occupational Safety and Health Act [29 U.S.C.A §§
655 and 657]; the California Underground Storage of Hazardous Substances Act [Health & Saf. Code
§§ 25280 et seq.]; the California Hazardous Substances Account Act [Health & Saf. Code §§ 25300 et
seq.]; the California Hazardous Waste Control Act [Health & Saf. Code §§ 25100 et seq.]; the
California Safe Drinking Water and Toxic Enforcement Act [Health & Saf. Code §§ 25249.5 et seq.];
the Porter-Cologne Water Quality Act [Wat. Code §§ 13000 et seq.], including without limitation,
Sections 25115, 25117 or 25122.7 of the California Health and Safety Code, or listed pursuant to
Section 25140 of the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste
Control Law), (ii) defined as “hazardous substance” under Section 78075 of the California Health and
Safety Code, Division 45, Part 2, Chapter 1 (Carpenter-Presley-Tanner Hazardous Substance Account
Act), (iii) defined as a “hazardous material”, “hazardous substance”, or “hazardous waste” under
Section 25501 of the California Health and Safety Code.
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“Environmental Laws” means any federal, state or local law, statute, code, ordinance,
regulation, requirement or rule relating to Hazardous Materials to which the Participating County or
the Facility is subject, including all those laws referenced above in the definition of Hazardous
Materials.
SECTION 10.

Termination, Breach, Default and Damages.

(a)
This Facility Sublease shall terminate upon the occurrence of the expiration of
the Facility Lease as set forth in Section 3.
(b)
If the Participating County shall fail to keep, observe or perform any term,
covenant or condition contained herein to be kept or performed by the Participating County for a period
of sixty (60) days after notice of the same has been given to the Participating County by the Department
or the Board or for such additional time as is reasonably required, in the sole discretion of the
Department, with the consent of the Board, to correct any of the same, the Participating County shall
be deemed to be in default hereunder and it shall be lawful for the Department to exercise any and all
remedies available pursuant to law or granted pursuant to this Facility Sublease. Upon any such
default, the Department, in addition to all other rights and remedies it may have at law, shall, with the
consent of the Board, have the option to do any of the following:
(1)
To terminate this Facility Sublease in the manner hereinafter provided
on account of default by the Participating County, notwithstanding any re-entry or re-letting of the
Facility as hereinafter provided for in subparagraph (2) hereof, and to re-enter the Facility and remove
all persons in possession thereof and all personal property whatsoever situated upon the Facility and
place such personal property in storage in any warehouse or other suitable place. In the event of such
termination, the Participating County agrees to immediately surrender possession of the Facility,
without let or hindrance, and to pay the Department and the Board all damages recoverable at law that
the Department may incur by reason of default by the Participating County, including, without
limitation, any costs, loss or damage whatsoever arising out of, in connection with, or incident to any
such re-entry upon the Facility and removal and storage of such property by the Department or its duly
authorized agents in accordance with the provisions herein contained. Neither notice to deliver up
possession of the Facility given pursuant to law nor any entry or re-entry by the Department nor any
proceeding in unlawful detainer, or otherwise, brought by the Department for the purpose of effecting
such re-entry or obtaining possession of the Facility, nor the appointment of a receiver upon initiative
of the Department to protect the Board’s interest under the Facility Lease shall of itself operate to
terminate this Facility Sublease, and no termination of this Facility Sublease on account of default by
the Participating County shall be or become effective by operation of law or acts of the parties hereto,
or otherwise, unless and until the Department shall have given written notice to the Participating
County of the election on the part of the Department to terminate this Facility Sublease. The
Participating County covenants and agrees that no surrender of the Facility or of the remainder of the
term hereof or any termination of this Facility Sublease shall be valid in any manner or for any purpose
whatsoever unless stated or accepted by the Department by such written notice.
(2)
Without terminating this Facility Sublease, (i) to enforce any term or
provision to be kept or performed by the Participating County or (ii) to exercise any and all rights of
entry and re-entry upon the Facility. In the event the Department does not elect to terminate this
Facility Sublease in the manner provided for in subparagraph (1) hereof, the Participating County shall
remain liable and agrees to keep or perform all covenants and conditions herein contained to be kept
or performed by the Participating County, and notwithstanding any entry or re-entry by the Department

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or suit in unlawful detainer, or otherwise, brought by the Department for the purpose of effecting a reentry or obtaining possession of the Facility. Should the Department elect to re-enter as herein
provided, the Participating County hereby irrevocably appoints the Department as the agent and
attorney-in-fact of the Participating County to re-let the Facility, or any part thereof, from time to time,
either in the Department’s name or otherwise, upon such terms and conditions and for such use and
period as the Department may deem advisable and to remove all persons in possession thereof and all
personal property whatsoever situated upon the Facility and to place such personal property in storage
in any warehouse or other suitable place, for the account of and at the expense of the Participating
County, and the Participating County hereby exempts and agrees to save harmless the Department from
any costs, loss or damage whatsoever arising out of, in connection with, or incident to any such reentry upon and re-letting of the Facility and removal and storage of such property by the Department
or its duly authorized agents in accordance with the provisions herein contained except for any such
costs, loss or damage resulting from the intentional or negligent actions of the Department or its agents.
The Participating County agrees that the terms of this Facility Sublease constitute full and sufficient
notice of the right of the Department to re-let the Facility in the event of such re-entry without effecting
a surrender of this Facility Sublease. The Participating County further agrees that no acts of the
Department in effecting such re-letting shall constitute a surrender or termination of this Facility
Sublease irrespective of the use or the term for which such re-letting is made or the terms and conditions
of such re-letting, or otherwise, but that, on the contrary, in the event of such default by the
Participating County the right to terminate this Facility Sublease shall vest in the Department to be
effected in the sole and exclusive manner provided for in subparagraph (1) hereof. The Participating
County further agrees to pay the Department the cost of any alterations or additions to the Facility
necessary to place the Facility in condition for re-letting immediately upon notice to the Participating
County of the completion and installation of such additions or alterations.
(c)
This Facility Sublease may be terminated at the option of the Board if the Board
determines to exercise its right to enter and re-let the Facility under the Facility Lease pursuant to a
default by the Department thereunder.
(d)
In addition to any default resulting from breach by the Participating County of
any term or covenant of this Facility Sublease, if (1) the Participating County’s interest in this Facility
Sublease or any part thereof be assigned, sublet or transferred without the prior written consent to the
Department and the Board, either voluntarily or by operation of law, or (2) the Participating County or
any assignee shall file any petition or institute any proceedings under any act or acts, state or federal,
dealing with or relating to the subject of bankruptcy or insolvency or under any amendment of such
act or acts, either as a bankrupt or as an insolvent or as a debtor or in any similar capacity, wherein or
whereby the Participating County asks or seeks or prays to be adjudicated as bankrupt, or is to be
discharged from any or all of the Participating County’s debts or obligations, or offers to the
Participating County’s creditors to effect a composition or extension of time to pay the Participating
County’s debts, or asks, seeks or prays for a reorganization or to effect a plan of reorganization or for
a readjustment of the Participating County’s debts or for any other similar relief, or if any such petition
or if any such proceedings of the same or similar kind or character be filed or be instituted or taken
against the Participating County, or if a receiver of the business or of the property or assets of the
Participating County shall be appointed by any court, except a receiver appointed at the insistence or
request of the Department or the Board, or if the Participating County shall make a general or any
assignment for the benefit of the Participating County’s creditors, or (3) the Participating County shall
abandon the Facility, then the Participating County shall be deemed to be in default hereunder.

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(e)
The Department shall in no event be in default in the performance of any of its
obligations hereunder unless and until the Department shall have failed to perform such obligations
within sixty (60) days or such additional time as is reasonably required to correct any such default after
notice by the Participating County to the Department that the Department has failed to perform any
such obligation.
(f)
The Participating County hereby waives any and all claims for damages caused
or which may be caused by the Department in re-entering and taking possession of the Facility as
herein provided and all claims for damages that may result from the destruction of or injury to the
Facility and all claims for damages to or loss of any property belonging to the Department, or any other
person, that may be in or upon the Facility, except for such claims resulting from the intentional or
negligent actions of the Department or its agents.
Each and all of the remedies given to the Department hereunder or by any law now or hereafter
enacted are cumulative and the single or partial exercise of any right, power or privilege hereunder
shall not impair the right of the Department to other or further exercise thereof or the exercise of any
or all other rights, powers or privileges. The term “re-let” or “re-letting” as used in this Section shall
include, but not be limited to, re-letting by means of the operation or other utilization by the Department
of the Facility. If any statute or rule of law validly shall limit the remedies given to the Department
hereunder, the Department nevertheless shall be entitled to whatever remedies are allowable under any
statute or rule of law.
In the event the Department shall prevail in any action brought to enforce any of the terms and
provisions of this Facility Sublease, the Participating County agrees to pay reasonable attorney’s fees
incurred by the Department in attempting to enforce any of the remedies available to the Department
hereunder, whether or not a lawsuit has been filed.
SECTION 11.
Encumbrance.

Additions, Betterments, Extensions or Improvements; Prohibition Against

(a)
Subject to the limitations set forth in this Section 11, at its sole cost and
expense, the Participating County shall have the right during the term of this Facility Sublease to make
additions, betterments, extensions or improvements to the Facility or to attach fixtures, structures or
signs to the Facility if such additions, betterments, extensions or improvements or fixtures, structures
or signs are necessary or beneficial for the use of the Facility by the Participating County; provided,
however, that any such changes to the Facility shall be made in a manner that does not result in an
abatement of the rental hereunder or the rental due from the Department under the Facility Lease.
(b)
If any proposed additions, betterments, extensions or improvements of the
Facility require the recommendations to be provided by the Department acting pursuant to the
provisions of California Penal Code Section 6029 or other law granting similar regulatory authority to
the Department, the Participating County shall, concurrently with the submission to the Department,
request the approval of the Department and the Board to such additions, betterments, extensions or
improvements. The Participating County acknowledges the commencement of such additions,
betterments, extensions or improvements shall be subject to receipt by the Participating County of the
Board’s approval thereto. In the event the Participating County shall at any time during the term of
this Facility Sublease cause any additions, betterments, extensions or improvements to the Facility to
be acquired or constructed or materials to be supplied in or upon the Facility, the Participating County
shall pay or cause to be paid when due all sums of money that may become due, or purporting to be

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due for any labor, services, materials, supplies or equipment furnished or alleged to have been
furnished to or for the Participating County in, upon or about the Facility and shall keep the Facility
free of any and all mechanics’ or materialmen’s liens or other liens against the Facility or the
Department’s or the Board’s interest therein. In the event any such lien attaches to or is filed against
the Facility or the Department’s or the Board’s interest therein, the Participating County shall cause
each such lien to be fully discharged and released at the time the performance of any obligation secured
by any such lien matures or becomes due, except that if the Participating County desires to contest any
such lien it may do so. If any such lien shall be reduced to final judgment and such judgment or such
process as may be issued for the enforcement thereof is not promptly stayed, or if so stayed and said
stay thereafter expires, the Participating County shall forthwith pay or cause to be paid and discharged
such judgment. In accordance with Section 20, the Participating County agrees to and shall, to the
maximum extent permitted by law, defend, indemnify and hold the Department, the Board, the State
Treasurer and their officers, directors, agents, employees, successors and assigns harmless from and
against and defend each of them against any claim, demand, loss, damage, liability or expense
(including attorneys’ fees) as a result of any such lien or claim of lien against the Facility or the
Department’s or the Board’s interest therein.
(c)
The Participating County agrees it will not create or suffer to be created any
recorded or unrecorded mortgage, pledge, lien, charge, easement, rights of way or other rights,
reservations, covenants, conditions, restrictions or encumbrance upon the Facility or the Easement
Property except Permitted Encumbrances (defined below).
The term “Permitted Encumbrances” means as of any particular time: (1) liens for general ad
valorem taxes and assessments, if any, not then delinquent; (2) the Ground Lease, the Site Lease and
the Facility Lease, as they may be amended from time to time; (3) easements, rights of way, mineral
rights, drilling rights and other rights, reservations, covenants, conditions or restrictions, all of a nonmonetary nature, which exist of record as of the date of issuance of the Bonds; (4) easements, rights of
way, mineral rights, drilling rights and other rights, reservations, covenants, conditions or restrictions,
all of a non-monetary nature, established following the date of issuance of the Bonds and to which the
Board consents in writing; and (5) this Facility Sublease and any sublease, assignment or use agreement
approved by the Board in accordance with Section 8 hereof.
(d)
The Department hereby covenants and agrees that, except as set forth in
Sections 8 and 10, neither this Facility Sublease nor any interest of either party in this Facility Sublease
shall be sold, mortgaged, pledged, assigned, or transferred by voluntary act or by operation of law or
otherwise.
(e)
The Participating County shall not in any manner impair, impede, or challenge
the security, rights and benefits of the owners of the Bonds or the trustee for the Bonds.
SECTION 12. Continuing Disclosure. The Participating County hereby covenants and
agrees that it will fully cooperate with the Department, the Board and the State Treasurer so that they
can comply with and carry out all of the provisions of the Continuing Disclosure Agreement and will
provide all information reasonably requested by the Department, the Board or the State Treasurer
regarding the Facility, in connection with continuing disclosure obligations. The Participating County
further covenants to provide notice to the Department, the Board and the State Treasurer within five
Business Days of the occurrence of any event which causes any portion of the Facility not to be
available for beneficial use or occupancy by the Participating County.

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SECTION 13. Status of Private Activity Use of the Facility. The Participating County
hereby covenants and agrees to provide information to the Department and the Board by January 31 of
each year regarding “Private Use” (as such term is defined in Section 14(d) below), if any, of the
Facility. Any such private use must be consistent with the Participating County’s covenants pursuant
to Section 14 hereof. The information that must be updated annually is set forth in the Tax Certificate
that was executed and delivered by the Board upon the initial issuance of the Bonds and acknowledged
to by the Participating County in its certificate attached to the Tax Certificate. The obligations of the
Participating County set forth in this Section shall survive any termination of this Facility Sublease so
long as any Bonds issued on a tax-exempt basis remain Outstanding.
SECTION 14.

Tax Covenants.

(a)
The Participating County covenants that it will not use or permit any use of the
Facility, and shall not take or permit to be taken any other action or actions, which would cause any
Bond to be a “private activity bond” within the meaning of Section 141 of the Internal Revenue Code
of 1986, as amended; and any applicable regulations promulgated from time to time thereunder. The
Participating County further covenants that it will not take any action or fail to take any action, if such
action or the failure to take such action would adversely affect the exclusion from gross income for
federal income tax purposes of interest on the Bonds which are issued on a tax-exempt basis.
(b)
The Participating County covenants that it will not use or permit more than
10% of (i) the proceeds of the Bonds which are issued on a tax-exempt basis or the Project to be used
in the aggregate for any activities that constitute a “Private Use” (as such term is defined in paragraph
(d) below). The Participating County covenants that it will not cause more than 10% of the principal
of or interest on the Bonds which are issued on a tax-exempt basis under the terms thereof or any
underlying arrangement, to be secured by any interest in property (whether or not the Project) used for
a Private Use or in payments in respect of property used for a Private Use, or which will be derived
from payments in respect of property used for a Private Use.
(c)
The Participating County covenants that it shall not take or permit to be taken
any action or actions which would cause more than 5% of the proceeds of the Bonds which are issued
on a tax-exempt basis or the Project to be used for a Private Use that is unrelated or disproportionate
to the governmental use of the proceeds of such Bonds (an “Unrelated or Disproportionate Use”) or to
cause more than 5% of the principal of or interest on such Bonds to be directly or indirectly secured
by any interest in property used or to be used for a Private Use that is an Unrelated or Disproportionate
Use or in payments in respect of property used or to be used for a Private Use that is an Unrelated or
Disproportionate Use.
(d)
The term “Private Use” means any activity that constitutes a trade or business
that is carried on by persons or entities other than a “governmental person,” which is defined within
Treasury Regulation Section 1.141-1(b) as a state or local governmental unit or any instrumentality
thereof. A “governmental person” does not include the United States or any agency or instrumentality
thereof. The leasing of property financed or refinanced with proceeds of the Bonds which are issued
on a tax-exempt basis or the use by or the access of a person or entity other than a governmental unit
to property or services on a basis other than as a member of the general public shall constitute a Private
Use. Private Use may also result from certain management and service contracts as described in
paragraph (e) below.

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(e)
The Participating County will not enter into any arrangement with any person
or entity other than a state or local governmental unit which provides for such person to manage,
operate, or provide services with respect to the Facility (or any portion thereof) (a “Service Contract”),
unless the Board, in its discretion, consents to such Service Contract.
(f)
The Participating County covenants to maintain records relating to the Project
as are required to be maintained by it in accordance with the Tax Certificate.
(g)
The obligations of the Participating County set forth in this Section shall
survive any termination of this Facility Sublease so long as any Bonds which are issued on a taxexempt basis remain Outstanding.
SECTION 15. No Merger. The parties hereto intend that there shall be no merger of any
estate or interest created by this Facility Sublease with any other estate or interest in the Facility, or
any part thereof, by reason of the fact that the same party may acquire or hold all or any part of the
estate or interest in the Facility created by this Facility Sublease as well as another estate or interest in
the Facility.
SECTION 16. Waste. The Participating County shall not commit, suffer, or permit any
waste or nuisance on or within the Facility or any acts to be done thereon in violation of any laws or
ordinances.
SECTION 17. Amendments. This Facility Sublease may not be amended, changed,
modified or altered without the prior written consent of the parties hereto and the Board.
SECTION 18. Waiver. Any waiver granted by the Department of any breach by the
Participating County of any agreement, covenant or condition hereof shall not operate as a waiver of
any subsequent breach of the same or any other agreement, covenant or condition hereof. The
Department shall not grant any such waiver without the prior written consent of the Board.
SECTION 19. Non-Liability of the Department and other State Entities. Any obligation of
the Department created by or arising out of this Facility Sublease shall not impose a debt or pecuniary
liability upon the Department, the Board or the State of California, or a charge upon the general credit
or taxing powers thereof, but shall be payable solely out of funds duly authorized and appropriated by
the State.
The delivery of this Facility Sublease shall not, directly or indirectly or contingently, obligate
the Board, the Department, the State Treasurer or the State of California to levy any form of taxation
therefor or to make any appropriation. Nothing herein or in the proceedings of the Participating
County, the Board or the Department shall be construed to authorize the creation of a debt of the Board,
the Department, the State Treasurer or the State of California, within the meaning of any constitutional
or statutory provision of the State of California. No breach of any pledge, obligation or agreement
made or incurred in connection herewith may impose any pecuniary liability upon, or any charge upon
the general credit of the Board, the Department or the State of California.
SECTION 20. Indemnification. As required by California Government Code Section
15820.934 the Participating County agrees to indemnify, defend, and hold harmless the Indemnified
Parties for any and all claims and losses accruing and resulting from or arising out of the Participating
County’s use and occupancy of the Facility, including the use and occupancy of the Facility by any

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sublessee or invitee of the Participating County. The Participating County further agrees to indemnify,
defend, and hold harmless the Indemnified Parties for any and all claims and losses accruing and
resulting from or arising out of and the acquisition, design, and construction of the Project. The
Participating County’s obligation to indemnify, defend and hold harmless under this Section shall
extend to all such claims and losses arising, occurring, alleged, or made at any time, including prior to,
during, or after the period that this Facility Sublease is in full force and effect. Notwithstanding the
preceding sentence, the Participating County will not be required to indemnify, defend or hold harmless
an Indemnified Party from any claim which arises, in whole or in part, from the gross negligence or
willful misconduct or omission of such Indemnified Party. The indemnification obligations of the
Participating County set forth in this Section shall survive any termination of this Facility Sublease.
SECTION 21. Law Governing. This Facility Sublease shall be governed exclusively by the
provisions hereof and by the laws of the State of California as the same from time to time exist. Any
action or proceeding to enforce or interpret any provision of this Facility Sublease shall, to the extent
permitted by law, be brought, commenced or prosecuted in the courts of the State located in the County
of Sacramento, California.
SECTION 22. Headings. All section headings contained in this Facility Sublease are for
convenience of reference only and are not intended to define or limit the scope of any provision of this
Facility Sublease.
SECTION 23. Notices. All approvals, authorizations, consents, demands, designations,
notices, offers, requests, statements or other communications hereunder by either party to the other
shall be in writing and shall be sufficiently given and served upon the other party if delivered personally
or if mailed by United States registered or certified mail, return receipt requested, postage prepaid, or
via email, and addressed as follows:
To the Department:

Board of State and Community Corrections
2590 Venture Oaks Way, Suite 200
Sacramento, CA 95833
Attention: Executive Officer
Email: [email protected]

To the Board:

State Public Works Board
915 “L” Street, 9th Floor
Sacramento, CA 95814
Attention: Executive Director
Email: [email protected]

To the State Treasurer:

Treasurer of the State of California
Public Finance Division
P.O. Box 942809
Sacramento, CA 94209-0001
Attention: Public Finance Division
Email:

To the Participating County:

County of Colusa
547 Market Street, Suite 102
Colusa, CA 95932

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Attention: Molly West
Email: [email protected]
The address to which notices shall be mailed or emailed as aforesaid to any party may be
changed by written notice given by such party to the others as hereinabove provided.
SECTION 24. Successors and Assigns. The terms and provisions hereof shall extend to and
be binding upon and inure to the benefit of the successors and assigns of the respective parties hereto.
SECTION 25. Validity and Severability. If for any reason this Facility Sublease or any part
thereof shall be held by a court of competent jurisdiction to be void, voidable, or unenforceable by the
Department or by the Participating County, all of the remaining terms of this Facility Sublease shall
nonetheless continue in full force and effect. If for any reason it is held by such a court that any of the
covenants and conditions of the Participating County hereunder, including the covenant to pay rentals
hereunder, is unenforceable for the full term hereof, then and in such event this Facility Sublease is
and shall be deemed to be a lease from year to year under which the rentals are to be paid by the
Participating County annually in consideration of the right of the Participating County to possess,
occupy and use the Facility, and all the other terms, provisions and conditions of this Facility Sublease,
except to the extent that such terms, provisions and conditions are contrary to or inconsistent with such
holding, shall remain in full force and effect, to the extent permitted by law.
SECTION 26. Execution. This Facility Sublease may be executed in any number of
counterparts, each of which shall be deemed to be an original, but all of which together shall constitute
one and the same Facility Sublease. It is also agreed that separate counterparts of this Facility Sublease
may separately be executed by the Department, the Participating County and any other signatory
hereto, all with the same force and effect as though the same counterpart had been executed by the
Department, the Participating County and such other signatory.
SECTION 27. Recordation of Lease. The notarization of the signatures of the signatories
to this Facility Sublease is for the purpose of recordation of this Facility Sublease with the official
records of the County of Colusa. This Facility Sublease shall be recorded in the official records of the
County of Colusa solely for the purpose of giving constructive notice of this Facility Sublease to third
parties as provided under State law. The failure of any signatory to obtain and affix a notarization to
this Facility Sublease shall not affect the validity of this Facility Sublease. The date of recordation of
this Facility Sublease shall not change, alter or modify the commencement date of this Facility
Sublease as set forth in Section 3 hereof or the effectiveness of any provision of this Facility Sublease.
SECTION 28. Multiple Originals. This Facility Sublease may be executed in any number
of originals, each of which shall be deemed to be an original.
SECTION 29. Net Lease. This Facility Sublease shall be deemed and construed to be a “net
lease” and the Participating County hereby agrees that the rentals provided for herein shall be an
absolute net return to the Department, free and clear of any expenses, charges or set-offs whatsoever.
SECTION 30. Effect of Substitution. Notwithstanding any provision herein to the contrary,
in the event of a substitution of another public facility or facilities and real property for all of the
Facility pursuant to Section 25 of the Facility Lease (a “Substitution”), this Facility Sublease shall
remain in full force and effect except as provided in this Section 30 and the County shall continue as
the sublessee hereunder. Upon such Substitution, (a) the references to Site Lease and Facility Lease

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in Section 2 and Section 4 shall be deemed deleted and this Facility Sublease will no longer be
subordinate to the Site Lease and the Facility Lease and the Department and the Board agree to record
an appropriate document with the County Recorder’s Office to remove the lien of the Site Lease and
the Facility Lease against the Facility; (b) the references to the Department’s obligations to pay Base
Rental and Additional Rental and the abatement of rent paid by the Participating County in Section
6(b) shall be deemed deleted; (c) the first two paragraphs of Section 7(a) shall be deemed deleted and
the Department and the Board will not be required to maintain any insurance with respect to the
Facility; and (d) the references to the Facility Lease and the Board’s rights under the Facility Lease in
Section 8(a)(1) and the provisions of Section 8(b) and Section 10(c) shall no longer be of any force
and effect and neither the Department nor the Board shall have any right to declare a default hereunder
or to re-enter or re-let the Facility as a result of a default under the Facility Lease.
SECTION 31.
this Facility Sublease.

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Board as Third Party Beneficiary. The Board is a third party beneficiary of

15
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SPWB 2026 SERIES D
FACILITY SUBLEASE
(COLUSA JAIL PROJECT)

IN WITNESS WHEREOF, the Department and the Participating County have caused this
Facility Sublease to be executed by their respective officers thereunto duly authorized, all as of the day
and year first above written.
BOARD OF STATE AND COMMUNITY
CORRECTIONS OF THE STATE OF CALIFORNIA
By:
Aaron R. Maguire
Executive Officer

APPROVED (Pursuant to Government Code
section 11005.2):
DEPARTMENT OF GENERAL SERVICES OF
THE STATE OF CALIFORNIA
By:
Michael Butler
Section Chief, Real Property Services
Section

CONSENT AND ACKNOWLEDGEMENT OF
THE BOARD:
STATE PUBLIC WORKS BOARD OF THE
STATE OF CALIFORNIA
By:
Sydney Tanimoto Corley
Executive Director

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SPWB 2026 SERIES D
FACILITY SUBLEASE
(COLUSA JAIL PROJECT)

COUNTY OF COLUSA
By:
Jose Merced Corona
Colusa County Board of Supervisors, Chairman

APPROVED AS TO FORM AND LEGAL EFFECT:
RICHARD STOUT
County Counsel
By:
Richard Stout
County Counsel

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Page 125 of 152

CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in the Facility conveyed under the foregoing to the County of
Colusa, a political subdivision duly organized under the laws of the State of California, is hereby
accepted by the undersigned officer or agent on behalf of the Board of Supervisors of the County of
Colusa, pursuant to authority conferred by resolution of the Board of Supervisors adopted on August
25, 2026, and the grantee consents to recordation thereof by its duly authorized officer.
Dated: ___________, 2026

COUNTY OF COLUSA
By:
Jose Merced Corona
Colusa County Board of Supervisors, Chairman

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A notary public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the truthfulness,
accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF SACRAMENTO

)
)
)

ss.

On ___________________ before me, ____________________________________, Notary Public,
personally appeared _____________________________________________________, who
proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal

SIGNATURE OF NOTARY PUBLIC

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A notary public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the truthfulness,
accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF COLUSA

)
)
)

ss.

On ___________________ before me, ____________________________________, Notary Public,
personally appeared _____________________________________________________, who
proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal

SIGNATURE OF NOTARY PUBLIC

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EXHIBIT A
LEGAL DESCRIPTION OF SITE

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Page 129 of 152

EXHIBIT B
DESCRIPTION OF PROJECT
Colusa Jail Project: The Colusa Jail Project (SB 863) is located at 919 Bridge Street, Colusa, CA
95932. The project includes the design and construction of a new, stand-alone jail facility on
approximately one acre of county-owned land, adjacent to the existing county jail in the City of Colusa.
The new building provides approximately 100 beds, a secure corridor to the existing jail,
medical/mental health and dental clinic, retherm kitchen, food storage, and administrative space. Each
housing unit includes dayrooms and outdoor recreation space and the facility includes program space
for education, counseling, and treatment. The facility also includes, but is not limited to, utilities;
electrical; plumbing; mechanical; heating, ventilation, and air conditioning; communications;
electronics; fencing; security and fire protection systems; as well as minor landscaping and pavement
for building access and all necessary appurtenances. This facility was constructed using poured-inplace steel reinforced concrete and a steel reinforced concrete slab. The walls of the Colusa Jail Project
are constructed of precast concrete, with precast concrete decks and cell ceilings, concrete masonry
wall units for segregation of interior pods and outdoor recreational space. Various other interior nonsecure area walls are constructed of metal framing and drywall with drop ceilings. The roof of the
facility is constructed of a Fleece Backed Thermoplastic Polyolefin Membrane System designed for
long term durability. A central control room was constructed on the second level in the facility to view
inmate activity and control mechanical and electrical operation of the facility. Mechanical services are
installed throughout the facility and are centralized in three separate mechanical chases located behind
cells along with an independent mechanical equipment room. The facility was built to LEED Silver
standards, but did not apply for a LEED Silver certification as a savings measure and could apply in
the future should financial constraints change.

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Page 130 of 152

Stradling Yocca Carlson & Rauth
Draft dated 8/13/26
RESOLUTION NO. __-___
RESOLUTION OF THE COLUSA COUNTY BOARD OF SUPERVISORS AUTHORIZING THE
EXECUTION AND DELIVERY OF A FACILITY SUBLEASE FOR THE COLUSA JAIL PROJECT AND
AUTHORIZING CERTAIN ACTIONS IN CONNECTION THEREWITH
WHEREAS, the County of Colusa (the “County”), the State Public Works Board of
the State of California (the “Board”), and the Board of State and Community
Corrections of the State of California (the “Department”) have previously entered into
that certain Amended and Restated Project Delivery and Construction Agreement
dated as of September 30, 2025, with respect to the construction of an adult local
criminal justice facility, commonly known as the Colusa Jail Project described in Exhibit
A hereto (the “Project”);
WHEREAS, the County has leased to the Department certain real property (the
“Site”) described in Exhibit B to that certain Amended and Restated Ground Lease
dated as of September 30, 2025 by and between the County, as landlord, and the
Department, as tenant, and consented to by the Board, and recorded on October 21,
2025 in the Official Records of the County as Document No. 2025-0002511 (the “Ground
Lease”) on which the Project has been constructed;
WHEREAS, the Board intends to provide long-term financing for the Project
through the issuance and sale of lease revenue bonds of the Board (the “Bonds”) as
authorized by the State Building Construction Act of 1955 (being Part 10b of Division 3
of Title 2 of the California Government Code commencing at Section 15800) (the
“Act”), which Bonds will be secured, in part, by the Base Rental payments to be made
under a Facility Lease to be entered into by and between the Department and the
Board (the “Facility Lease”);
WHEREAS, in connection with the issuance of the Bonds, the Department intends
to lease the Site to the Board pursuant to the terms of a Site Lease between the Board
and the Department (the “Site Lease”) and the Board intends to lease the Site and the
Project (together, the “Facility”) to the Department pursuant to the terms of the Facility
Lease; and
WHEREAS, upon the issuance of the Bonds, the County and the Department
intend to enter into a Facility Sublease (the “Facility Sublease”), the form of which has
been presented to the Board of Supervisors for approval at the meeting at which this
resolution is being adopted;
NOW, THEREFORE, BE IT RESOLVED that:
SECTION 1.

Each of the foregoing recitals is true and correct.

SECTION 2. The form of the Facility Sublease presented at this meeting is hereby
approved. Each of the Chair of the Board of Supervisors and the County Administrative

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RESOLUTION OF THE COLUSA COUNTY BOARD OF SUPERVISORS AUTHORIZING THE
EXECUTION AND DELIVERY OF A FACILITY SUBLEASE FOR THE COLUSA JAIL PROJECT AND
AUTHORIZING CERTAIN ACTIONS IN CONNECTION THEREWITH
Officer (or any acting or interim of such positions or their designees) (collectively, the
“Authorized Officers”), acting alone, is hereby authorized for and in the name of the
County to execute, and the Clerk of the Board of Supervisors is authorized to attest, the
Facility Sublease, in substantially the form hereby approved, with such additions thereto
and changes therein as are required by the Department or the Board as conditions to
the issuance of the Bonds. Approval of such changes shall be conclusively evidenced
by the execution and delivery thereof by any one of the Authorized Officers each of
whom, acting alone, is authorized to approve such changes. Each of the Authorized
Officers is further authorized to execute, acknowledge and deliver any and all
documents required to consummate the transactions contemplated by the Facility
Sublease. The County hereby consents to the terms of the Site Lease and the Facility
Lease and acknowledges that the County’s right to occupy the Facility pursuant to the
Facility Sublease may be terminated in accordance with Section 10 of the Facility
Sublease, including (i) in the event of a default under the Facility Lease, as a result of
the Board exercising its rights to re-enter and re-let the Facility in accordance with the
Facility Lease, and (ii) in the event of a default under the Facility Sublease as a result of
the Department exercising its rights to re-enter and re-let the Facility in accordance with
the Facility Sublease.
SECTION 3. The County affirms that the Ground Lease remains in full force and
effect and enforceable against the County in accordance with its terms.
SECTION 4. Each of the Authorized Officers and the other officers of the
County, acting alone, is hereby authorized to do any and all things and to execute and
deliver any and all documents, certificates (including tax certificates) and agreements
(including any amendments to the Ground Lease) which they may deem necessary
and advisable in order to consummate the execution and delivery of the Facility
Sublease and the issuance of the Bonds and otherwise effectuate the purposes of this
Resolution. In the event that the Clerk of the Board of Supervisors is unavailable or
unable to execute and deliver any of the above-referenced documents, any deputy
clerk may validly execute and deliver such document.

______________________________________________________________________________
Page 2 of 4
Page 132 of 152

RESOLUTION OF THE COLUSA COUNTY BOARD OF SUPERVISORS AUTHORIZING THE
EXECUTION AND DELIVERY OF A FACILITY SUBLEASE FOR THE COLUSA JAIL PROJECT AND
AUTHORIZING CERTAIN ACTIONS IN CONNECTION THEREWITH
SECTION 5.

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

PASSED AND ADOPTED this 25th day of August, 2026 by the following vote:
AYES:
NOES:
ABSENT:
______________________________________
J. Merced Corona, Board Chair

ATTEST: Joshua Pack, Clerk of the Board of
Supervisors
By ____________________________
Patricia Rodriguez, Deputy Clerk II
APPROVED AS TO FORM:
______________________________________
Richard Stout, County Counsel

______________________________________________________________________________
Page 3 of 4
Page 133 of 152

RESOLUTION OF THE COLUSA COUNTY BOARD OF SUPERVISORS AUTHORIZING THE
EXECUTION AND DELIVERY OF A FACILITY SUBLEASE FOR THE COLUSA JAIL PROJECT AND
AUTHORIZING CERTAIN ACTIONS IN CONNECTION THEREWITH
EXHIBIT A
DESCRIPTION OF PROJECT
Colusa Jail Project: The Colusa Jail Project (SB 863) is located at 919 Bridge Street, Colusa,
CA 95932. The project includes the design and construction of a new, stand-alone jail
facility on approximately one acre of county-owned land, adjacent to the existing county
jail in the City of Colusa. The new building provides approximately 100 beds, a secure
corridor to the existing jail, medical/mental health and dental clinic, retherm kitchen, food
storage, and administrative space. Each housing unit includes dayrooms and outdoor
recreation space and the facility includes program space for education, counseling, and
treatment. The facility also includes, but is not limited to, utilities; electrical; plumbing;
mechanical; heating, ventilation, and air conditioning; communications; electronics;
fencing; security and fire protection systems; as well as minor landscaping and pavement
for building access and all necessary appurtenances. This facility was constructed using
poured-in-place steel reinforced concrete and a steel reinforced concrete slab. The walls
of the Colusa Jail Project are constructed of precast concrete, with precast concrete
decks and cell ceilings, concrete masonry wall units for segregation of interior pods and
outdoor recreational space. Various other interior non-secure area walls are constructed
of metal framing and drywall with drop ceilings. The roof of the facility is constructed of a
Fleece Backed Thermoplastic Polyolefin Membrane System designed for long term
durability. A central control room was constructed on the second level in the facility to
view inmate activity and control mechanical and electrical operation of the facility.
Mechanical services are installed throughout the facility and are centralized in three
separate mechanical chases located behind cells along with an independent
mechanical equipment room. The facility was built to LEED Silver standards, but did not
apply for a LEED Silver certification as a savings measure and could apply in the future
should financial constraints change.

______________________________________________________________________________
Page 4 of 4
Page 134 of 152

Colusa County
Agenda Request Form
Item ID#: 2026-634

Agenda Date: 8/25/2026

Item V.1

COUNTY ADMINISTRATIVE OFFICE
Subject
Informational Report on Purchasing Actions Approved Under the Purchasing Agent's
Delegated Authority Pursuant to the Amended County Policy 401 – Purchasing and
Procurement Policy.
Action Requested
Receive an informational report regarding purchasing actions approved under the
Purchasing Agent's delegated authority pursuant to the amended County Policy 401 –
Purchasing and Procurement Policy, and the administrative and operational
efficiencies realized since the amended policy became effective on May 7, 2026.
Detailed Description
On May 7, 2026, the amended County Policy 401 – Purchasing and Procurement Policy
became effective following its approval by the Board of Supervisors. The amended
policy increased the purchasing thresholds delegated to the Purchasing Agent for the
execution of purchasing contracts and issuance of purchase orders. These revisions
were intended to streamline routine procurement activities while maintaining
compliance with applicable purchasing laws and County policies.
As of August 7, 2026, the Purchasing Agent has executed 43 purchasing actions that
previously would have required individual Board approval. These actions include 30
professional services and other contracts, 6 purchase orders, and 7 public works
contracts procured through the California Uniform Public Construction Cost
Accounting Act (CUPCCAA). These transactions represent a variety of goods and
services necessary to support County operations and demonstrate the broad
application of the delegated purchasing authority across County departments.
The delegated authority has significantly improved the County’s ability to conduct
day-to-day business. Under the previous process, each routine transaction required
preparation of a staff report, internal departmental review, placement on a Board
agenda, and formal Board action before a contract could be executed or a purchase
completed. As a result, 42 Board agenda items were eliminated, reducing the
administrative burden on County staff while allowing routine purchases and contracts
to move forward without waiting for the next available Board meeting. Departments
are now able to respond to operational needs within days rather than several weeks or
months, ensuring County services continue without unnecessary delay.

Page 135 of 152

These efficiencies extend beyond the Purchasing Division and have reduced the
administrative workload for every County department, as well as the County
Administrative Office, Clerk of the Board, and County Counsel. Staff time previously
dedicated to preparing, reviewing, and processing routine agenda items can now be
redirected toward other operational priorities and strategic initiatives.
One example of these efficiencies is the Courthouse Annex exterior painting project.
Prior to adoption of the amended policy, this public works project would have required
two separate Board agenda items, one to approve the bid documents and a second
to award the contract. Instead, the project was competitively bid through the
County’s CUPCCAA informal bidding process, resulting in a bid of $71,600,
approximately $18,400 below the original budgetary estimate. The streamlined process
allowed the contract to be finalized within weeks rather than months, enabling the
project to be completed before fall and winter weather while remaining fully
compliant with applicable procurement requirements.
Another significant benefit has been the County’s ability to efficiently implement
contracts associated with the transition of Jail Health services from Wellpath to the
Department of Health and Human Services (DHHS). The delegated authority has
allowed the County to execute multiple professional services and operational
agreements in a timely manner, supporting the successful implementation of this
critical County function. Requiring each of these agreements to return to the Board for
individual approval could have delayed implementation and created unnecessary
operational challenges during the transition.
The County also recently utilized the streamlined procurement process to solicit
proposals for audit and financial services for the County’s special districts. Following a
competitive Request for Proposals process, the County was able to enter into
agreements with four qualified firms in a timely manner, creating a pool of professional
resources that can be accessed as individual special districts require assistance. This
provides the County and its special districts with quicker access to audit and financial
expertise without having to conduct a separate procurement and Board approval
process for each individual engagement.
These examples highlight the broader impact of the amended policy and demonstrate
how increased purchasing authority has improved the County’s ability to respond
efficiently to both routine and time-sensitive operational needs. Whether completing a
public works project, supporting the transition of a critical County service, securing
professional resources for special districts, or processing routine departmental
purchases, the amended policy has reduced administrative delays and allowed staff
to respond more quickly to County needs while maintaining appropriate procurement
requirements and transparency.

Fiscal Impact
N/A
Personnel Impact

Page 136 of 152

N/A
Contact
Molly West
Action for the Clerk
N/A
Attachments:
1.
Purchasing Agent Purchases

Page 137 of 152

Contracts
Contract #
PC26-024
PC26-028
PC26-032
PC26-033
PC26-034
PC26-035
PC26-037
PC26-038
PC26-039
PC26-043
PC26-044
PC26-046
PC26-049
PC26-051
PC26-055
PC26-056
PC26-057
PC26-058
PC26-061
PC26-062
PC26-063
PC26-067
PC26-068
PC26-069
PC26-071
PC26-072
PC26-074
PC26-079
PC26-081
PC26-083
PC26-084
PC26-086
PC26-087
PC26-089
PC26-091
PC26-093
PC26-094

Vendor
Sac Floor Store
Kennedy Consulting
ADC
Cross Electric
ADC
Colusa Plumbing
Megabyte Systems
Brain Learning Psychological Corporation
Precision West Technologies
Fiscal Experts, Inc.
Jump
NeoGov
Enterprise
Holly
Seneca Family of Agencies
Wendy K. Lyle
TridentCare
Enterprise
Integrated Security Controls
Precision West Technologies
Beck Civil Engineering, Inc.
PerformYard
Enterprise
CorEMR
Department of Housing and Community Development
Dhillon Dental
Enterprise
All Star Painting
NextRequest
ADC
Vasquez & Company, LLP
Orlando R. Torres Torregrosa, CPA
Badawi & Associates
Kevin Brejnak, CPA
Youth for Change
CCOE
All About Building, Inc.

Category
CUPCCAA
Professional Services
Office Equipment
CUPCCAA
Office Equipment
CUPCCAA
Software
Professional Services
CUPCCAA
Professional Services
Professional Services
Software
Vehicle Lease
Software
Professional Services
Professional Services
Professional Services
Vehicle Lease
CUPCCAA
Professional Services
Professional Services
Software
Vehicle Lease
Professional Services
Professional Services
Professional Services
Vehicle Lease
CUPCCAA
Software
Office Equipment
Professional Services
Professional Services
Professional Services
Professional Services
Professional Services
Professional Services
CUPCCAA

Department
Sheriff
DHHS
DHHS
As needed
Sheriff
As needed
Assessor
DHHS
DHHS
DHHS
DHHS
HR
DHHS
HR
DHHS
DHHS
DHHS
BH
Sheriff
Probation
DPW
HR
BH
DHHS
DHHS - Revenue Agreement
DHHS
BH
CAO
County Counsel
HR
CAO
CAO
CAO
CAO
BH
BH
Sheriff

Cost
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$

28,033.65
50,000.00
33,600.00
25,000.00
17,400.00
25,000.00
10,000.00
21,000.00
58,792.96
25,500.00
19,332.00
15,622.64
21,753.48
38,636.25
10,500.00
50,000.00
25,000.00
40,308.00
79,839.66
21,000.00
50,000.00
23,914.00
46,527.60
41,600.00
27,938.00
50,000.00
22,243.20
71,600.00
20,379.00
12,500.00
50,000.00
50,000.00
50,000.00
50,000.00
Term extension - 3 years
Term extension - 2 years
Term extension - 30 days

Purchase Orders
PO #

Vendor

15305072026 LC Action Police Supply
61005072026 Engineering Supply Company
40105072026 Corner Office
52105072026 Walker's Furniture
53405202026 Emcor
40806302026 Carahsoft

Category
Glock pistols
Equipment
Furniture
Furniture
HVAC Repair
Software

Department
Probation
Public Works
Sheriff
Sheriff
Sheriff
IT

Amount
$
$
$
$
$
$

11,885.80
11,413.30
16,241.01
18,656.91
22,320.00
16,695.68

Page 138 of 152

Colusa County
Agenda Request Form
Item ID#: 2026-666

Agenda Date: 8/25/2026

Item V.2

ADMIN
Subject
Approval of Memorandum of Understanding with the Colusa Groundwater Authority
for Administrative Services
Action Requested
Approve the Memorandum of Understanding (MOU) between the County of Colusa
and the Colusa Groundwater Authority (CGA) for the provision of administrative
services and authorize the County Administrative Officer to execute the agreement
and any non-substantive administrative amendments consistent with the intent of the
MOU.
Detailed Description
The Colusa Groundwater Authority (CGA) is a Joint Powers Authority and Groundwater
Sustainability Agency responsible for implementing the Sustainable Groundwater
Management Act (SGMA) within the Colusa Subbasin and portions of the Butte
Subbasin located within Colusa County.
The proposed Memorandum of Understanding establishes a framework for the County
to provide ongoing administrative support services to the CGA. Services may include,
but are not limited to, coordination of Board and committee meetings, preparation of
meeting materials, oversight of bookkeeping and accounting services, coordination
with consultants and member agencies, contract administration, invoice processing,
and other mutually agreed-upon administrative functions.
The MOU is intended to provide flexibility as the administrative needs of the CGA
evolve over time. Rather than assigning services to a specific County position or
classification, the agreement authorizes the County to designate one or more
employees to provide the agreed-upon services while retaining County authority over
staffing assignments and personnel administration. The agreement also establishes
procedures for cost reimbursement, coordination between the County and CGA, and
the transition of services should the agreement be terminated.
Approval of the MOU will formalize the administrative services relationship between the
County and the CGA while providing a clear framework for ongoing coordination and
reimbursement of County costs.

Page 139 of 152

Fiscal Impact
The MOU provides for full reimbursement to the County for the actual direct costs and
reasonable indirect costs associated with providing administrative services. By using
existing County personnel and administrative resources, the agreement is expected to
reduce overall administrative costs for both the County and the Colusa Groundwater
Authority compared with separately staffing or contracting for these services.
Personnel Impact
The agreement does not authorize the addition of any new County positions.
Administrative services will be provided by existing County personnel as designated by
the County Administrative Officer or designee. Staffing assignments may be adjusted
over time to best meet the operational needs of both the County and the CGA.
Contact
Joshua Pack
Action for the Clerk
Following execution by the County Administrative Officer, obtain the necessary
signatures, retain the original agreement in the County's official records, and distribute
fully executed copies to the Colusa Groundwater Authority, County Administrative
Office, and other appropriate County departments.
Attachments:
1.
CGA-Colusa County MOU for Admin Services Final 20260806

Page 140 of 152

MEMORANDUM OF UNDERSTANDING
FOR ADMINISTRATIVE SERVICES
THIS MEMORANDUM OF UNDERSTANDING (“MOU”) is made and effective as of
___________________, 2026, by and between the Colusa Groundwater Authority (“CGA”) and
the County of Colusa (“County”). CGA and the County may occasionally be referred to herein
individually as a “Party” and collectively the “Parties.”
A.
In 2014, the State of California enacted the Sustainable Groundwater Management
Act (Water Code Sections 10720 et seq.), referred to in this MOU as the “SGMA” or “Act,” as
subsequently amended, pursuant to which certain agencies may become “Groundwater
Sustainability Agencies” and adopt “Groundwater Sustainability Plans” in order to manage and
regulate groundwater in underlying groundwater basins. The Act defines “basin” as a basin or subbasin identified and defined in California Department of Water Resources (DWR) Bulletin 118.
B.
CGA is a joint powers authority duly formed and operating pursuant to the Joint
Exercise of Powers Law (Gov. Code § 6500 et seq.) and that certain “Joint Exercise of Powers
Agreement Establishing the Colusa Groundwater Authority,” entered into by and among the
“Members” of the CGA (as defined in the Joint Exercise of Powers Agreement), including the
County.
C.
CGA is one of the Groundwater Sustainability Agencies responsible for
implementing SGMA in the Colusa Subbasin (Bulletin 118, Basin No. 5-021.52) and the Colusa
County portion of the Butte Subbasin (Bulletin 118, Basin No. 5-021.70).
D. The Parties wish to provide a framework for cooperative efforts for administration of
the CGA.
THEREFORE, in consideration of the mutual promises set forth below and to implement
the goals described above, the Parties agree as follows:
1. Purpose. The primary purpose of this MOU is to facilitate a cooperative and ongoing
working relationship between the Parties that will ensure that the CGA has available to it continuous
administrative support, including facilitation of Board and committee meetings, preparation of
Board and committee materials, oversight of bookkeeping and accounting services, coordination
with staff and consultants, management of contracts and invoices, and other services as may be
requested and mutually agreed upon by the Parties (the “Services”).
2.
County Personnel. The County shall designate one or more County employees to
provide the Services described in this MOU. The County may assign, reassign, or modify staffing
as necessary to efficiently provide the Services, provided that the County continues to meet its
obligations under this MOU. The County shall consult with the CGA regarding significant changes
to the personnel primarily assigned to provide the Services. The Parties anticipate that the County
employee or employees assigned to provide the Services will work closely with the CGA and that
authorized representatives of the County and the CGA will consult regarding the qualifications,
experience, and selection process for key personnel assigned to support the CGA. The County may
1
Page 141 of 152

invite representatives of the CGA to participate in the recruitment and interview process for such
personnel in an advisory capacity. Notwithstanding the foregoing, the County shall retain authority
over the recruitment, selection, appointment, supervision, evaluation, discipline, reassignment, and
all other terms and conditions of employment of County personnel.
3.
Independent Contractor. The services provided for under this MOU shall be at the
direction of the CGA Board and its authorized representatives, although the County shall remain
the employer of all County personnel assigned to provide the Services. The County Administrative
Officer or their designee shall retain authority over County staffing assignments and shall
coordinate with the CGA regarding work priorities if competing operational needs arise. The
County shall be deemed an independent contractor to the Authority, and the Authority shall have
no authority to terminate, suspend, reprimand, discipline, or otherwise administer the employment
of County personnel assigned to provide the Services. Any employment-related issues or concerns
shall be communicated to the County Administrative Officer or their designee, who shall retain sole
discretion over all employment matters.
4.
Payment for Services. The County shall invoice the Authority quarterly for all costs
and expenses incurred in carrying out the Services required under this MOU. The Parties anticipate
that the level of Services provided under this MOU will generally be consistent with the annual
budget approved by the CGA Board. Such invoices shall include the County's actual direct costs
and reasonable indirect costs incurred for providing the staff and human resources time required to
carry out the Services, including but not limited to rents, overhead, materials, insurance, benefits,
and taxes. Invoicing shall be quarterly, and invoices shall include a statement of the County’s
services and the costs and expenses incurred performing the Services during each month of the prior
quarter. The Authority shall pay all invoices within thirty (30) days of receipt.
5.
Ongoing Cooperation.
The Parties acknowledge that activities under this MOU
will require frequent interaction between them to pursue opportunities and resolve issues as they
arise. The Parties shall work cooperatively and in good faith. The Parties agree to meet periodically,
as needed, to review workloads, priorities, and administrative support needs.
6.
Notices. Any formal notice or other formal communication given under the terms
of this MOU shall be in writing and shall be given personally or by first class mail and/or electronic
mail (email). Any notice shall be delivered or addressed to the Parties at the addressees’ mailing
address and email address set forth below under each signature and at such other mailing address
or email address as shall be designated by notice in writing in accordance with the terms of this
MOU. The date of receipt of the notice shall be the date of actual personal service, confirmed
email, or three days after the postmark on first class mail. Either Party may designate a new contact
by written notice.
7.
Entire Agreement/Amendments/Counterparts. This MOU incorporates the entire
and exclusive agreement of the Parties with respect to the matters described herein and supersedes
all prior negotiations and agreements (written, oral, or otherwise) related thereto. This MOU may
be amended only in a writing executed by all of the Parties. This MOU may be executed in
counterparts, each of which shall be deemed an original, and which together shall constitute one
and the same instrument.

2
Page 142 of 152

8.
Termination/Withdrawal. This MOU shall remain in effect unless terminated by
either Party upon thirty (30) days written notice to the other Party. No Party shall be liable to any
other if it elects to withdraw from this MOU, except that CGA shall remain liable for payment for
Services provided up to the date of termination. During the notice period, the Parties shall cooperate
to facilitate an orderly transition of administrative responsibilities.
9.
Nature of Agreement. This MOU reflects the Parties' mutual intent to cooperate in
providing the Services described herein. Except as expressly provided herein regarding payment
for Services rendered and termination of this MOU, the Parties acknowledge that this MOU is
intended to facilitate cooperation and is not intended to create obligations beyond those expressly
set forth herein.
10.
Assignment. No rights or duties of the Parties under this MOU may be assigned,
and any attempt to assign or delegate such rights or duties shall be null and void.
11.
Records.
The County shall maintain records related to the Services provided
under this MOU consistent with applicable law and shall make such records available upon
reasonable request to the CGA.

IN WITNESS WHEREOF, the Parties have executed this MOU as of the date first above
written.

COLUSA GROUNDWATER AUTHORITY

By: ____________________________
Address: _________________________
_________________________
Email
_________________________
COUNTY OF COLUSA
By: ____________________________
Address: _________________________
_________________________
Email
_________________________

3
Page 143 of 152

Colusa County
Agenda Request Form
Item ID#: 2026-653

Agenda Date: 8/25/2026

Item VI.1

PUBLIC WORKS DEPARTMENT
Subject
Public Hearing and Resolution for the Temporary Closure of Sand Creek Road
Action Requested
Adopt Resolution Authorizing the Temporary Closure of a Portion of Sand Creek Road
to Vehicular Traffic approximately 2,700 feet west of Cortina School Road for a period
of 18 months.
Detailed Description
The Colusa County Department of Public Works recommends temporarily closing a
portion of Sand Creek Road from “Point A” to the Yolo County Line. This segment of
roadway transitions into an area with potential tribal interests and has experienced
ongoing public safety concerns, including unauthorized access, trespassing, illegal
dumping, and elevated wildfire risk. These conditions present both safety hazards and
nuisance issues that have proven difficult to manage under current open-access
conditions.
Pursuant to California Vehicle Code §21101.4, local authorities may temporarily close a
roadway by resolution when it is not required for vehicular traffic and when such
closure is necessary to protect public safety and welfare. Based on field observations
and coordination with local stakeholders, the Department has determined that this
portion of Sand Creek Road is not a critical through route, and its temporary closure will
not significantly impact traffic circulation, emergency response, or access to adjacent
properties.
The proposed closure is intended to reduce unlawful activities, limit unauthorized
access to tribal lands, and improve overall safety conditions in the area. Access will
continue to be provided by emergency services, adjacent property owners, authorized
governmental personnel, and authorized tribal representatives. The Department will
install appropriate gates, barricades, and signage to clearly indicate the limits of the
closure.
Public Works staff met with local property owners on Monday, July 27th to discuss the
best location to install a road closure gate. The consensus was to install the gate
approximately 2,200 feet west of Cortina School Road where there is an existing fence
on either side of Sand Creek Road. This will serve to prevent unauthorized access by

Page 144 of 152

circumventing the gate.
Letters of notification for the proposed closure have been sent to affected property
owners, the Colusa County Sheriff's Office, local fire departments, California Highway
Patrol, and the Yolo County Public Works Director.
The closure is proposed for an initial period of eighteen (18) months, consistent with the
provisions of the California Vehicle Code. Should the closure prove effective in
addressing the identified issues, the Department may return to the Board to request
extensions of the closure period in accordance with applicable law.

Fiscal Impact
The fiscal impact associated with the proposed temporary road closure is minimal.
Costs will primarily consist of installing a gate, signage, and minor associated materials
and labor, estimated at less than $5,000. These costs are expected to be absorbed
within the Department’s existing maintenance budget.
Over time, the closure is anticipated to result in modest cost savings due to reduced
traffic volumes on this segment of Sand Creek Road. Lower traffic levels are expected
to decrease wear and tear on the roadway surface, thereby reducing the frequency
and extent of maintenance activities required. The Department will continue to
maintain the roadway. However, overall maintenance demands are expected to be
reduced.
Personnel Impact
There is no personnel impact for this item.
Contact
Scott Lanphier
Action for the Clerk
Forward Via DocuSign
Scott Lanphier: [email protected]
CC: [email protected]
Attachments:
1.
Resolution for Sand Creek Closure V4
2.
Exhibit A_Sand Creek Road - Temporary Gate Closure
3.
08-25-26 PH Notice for Sand Creek Road Closure
4.
Comment Letter from Gloria Ferry

Page 145 of 152

Resolution No. 26A RESOLUTION OF THE COLUSA COUNTY BOARD OF SUPERVISORS AUTHORIZING THE
TEMPORARY CLOSURE OF A PORTION OF SAND CREEK ROAD TO VEHICULAR TRAFFIC
FROM “POINT A” TO THE YOLO COUNTY LINE
WHEREAS, California Vehicle Code §21101.4 authorizes local authorities, by
resolution, to temporarily close a roadway to vehicular traffic when the roadway is not
required for vehicular use and such closure is necessary for public safety or welfare; and
WHEREAS, the County of Colusa Department of Public Works has identified
ongoing public safety concerns and nuisance conditions along a portion of Sand Creek
Road west of Cortina School Road and extending to the Yolo County Line, including but not
limited to unauthorized access, trespassing onto tribal lands, illegal dumping, and
increased risk of wildfire; and
WHEREAS, the affected segment of Sand Creek Road crosses into lands associated
with tribal interests, and the continued unrestricted public access has resulted in conflicts
related to unauthorized entry and use of those lands; and
WHEREAS, the temporary closure of this portion of Sand Creek Road is necessary to
protect public safety, reduce nuisance conditions, and prevent continued unauthorized
activities; and
WHEREAS, the subject segment of Sand Creek Road is not a critical through route
or arterial roadway, and its temporary closure will not substantially adversely affect traffic
circulation, safety on adjacent roadways, access for emergency response vehicles, the
performance of municipal or public utility services, or the delivery of goods and services in
the surrounding area; and
WHEREAS, access through the closed segment will continue to be provided for
emergency services, authorized governmental personnel, adjacent property owners, and
authorized tribal representatives; and
WHEREAS, the Colusa County Sheriff’s Office has been consulted regarding this
closure and supports actions intended to reduce unlawful activities and improve public
safety along this roadway; and
WHEREAS, the proposed action is categorically exempt from the California
Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301(c), as it
consists of the operation, repair, maintenance, or minor alteration of existing public
facilities involving negligible or no expansion of existing use; and

Page 146 of 152

WHEREAS, notice of the proposed temporary road closure and of the time and
place of the public hearing has been provided in accordance with the requirements of
California Vehicle Code §21101.4(c), including posting and notification to affected
property owners;
NOW, THEREFORE, BE IT RESOLVED that the Colusa County Board of Supervisors
hereby authorizes and directs the temporary closure of Sand Creek Road to vehicular
traffic from the location designated in Exhibit “A” to the Yolo County Line, subject to further
direction and action by the Board of Supervisors; and
BE IT FURTHER RESOLVED that the Director of Public Works, or their designee, is
authorized to install and maintain appropriate barricades, gates, and signage necessary to
implement this closure; and
BE IT FURTHER RESOLVED that this temporary closure shall be effective for a period
of eighteen (18) months from the date of adoption of this Resolution, unless extended or
terminated earlier by action of the Board of Supervisors; and
BE IT FURTHER RESOLVED that access shall be permitted for emergency vehicles,
authorized governmental personnel, adjacent property owners, and authorized tribal
representatives.
RESOLUTION PASSED AND ADOPTED this 25th day of August, 2026, by the following vote:
AYES:
NOES:
ABSENT:

ATTEST: Joshua Pack
Clerk to the Board of Supervisors
By: ___________________________
Patricia Rodriguez, Deputy Clerk

_______________________________
J. Merced Corona, Chairperson
Colusa County Board of Supervisors
APPROVED AS TO FORM:

______________________________
Richard Stout, County Counsel

Page 147 of 152

EXHIBIT "A"

Page 148 of 152

PUBLIC HEARING NOTICE
PROPOSED TEMPORARY CLOSURE
OF SAND CREEK ROAD
NOTICE IS HEREBY GIVEN that the Colusa County
Board of Supervisors will conduct a Public Hearing on August
25, 2026 at 9:30 a.m. in the Board of Supervisors Chambers
located at 546 Jay Street, Suite 108, Colusa, CA to consider
the temporary closure of a portion of Sand Creek Road to vehicular traffic.
The proposed closure would apply to Sand Creek Road
from approximately 2,500 feet west of Cortina School Road
to the Yolo County Line, including the segment of roadway
that extends into lands associated with the Kletsel Dehe Wintun Nation (Cortina Rancheria).
The purpose of the proposed closure is to address ongoing
public safety concerns and nuisance conditions, including unauthorized access, trespassing, illegal dumping, and increased
wildfire risk.
At the Public Hearing, the Board of Supervisors will consider adoption of a resolution authorizing the temporary closure of this portion of Sand Creek Road pursuant to California
Vehicle Code §21101.4.
If approved, the closure would be effective for a period
of up to eighteen (18) months, unless extended or terminated earlier by the Board of Supervisors. Access through the
closed segment would continue to be provided for emergency
services, adjacent property owners, authorized governmental
personnel, and authorized representatives of the Kletsel Dehe
Wintun Nation (Cortina Rancheria), as necessary.
All interested persons are invited to attend the Public
Hearing and be heard on this matter. Written comments may
also be submitted to the Clerk of the Board of Supervisors prior to the hearing at [email protected] or call
530-458-0508. All persons are invited to attend and be heard.
For additional information, please contact the Colusa
County Department of Public Works at 530-458-0466.
Date: July 15, 2026
__ORIGINAL SIGNED________
Patricia Rodriguez, Board Clerk II

08/14/2026 · CCPR

Page 149 of 152

Public Works Department
1215 Market Street
Colusa, CA 95932
Board of Supervisors
547 Market Street, Suite 102
Colusa, CA 95932

Subject: The temporary or permanent closure of Sand Creek Road in Arbuckle.
This letter is in response to the temporary closure of this road as outlined in the Interim
Director’s, Scott Lanphier, letter dated August 7th, 2025. and mailed from the Colusa
County Public Works Department.
Sand Creek Road is a paved road up to a cattle guard crossing located above our home at
5455 Sand Creek Road. If the proposed closure is moved to the end of this pavement, it
will allow permanent access to our residence. It would also allow access to another home
and residence living on Sand Creek Road.
You will find an enclosed current map showing where:
(1) the location of the cattle guard crossing is located;
(2) how far the payment goes, and;
(3) where our residence is located on Sand Creek Road. This map is much more
detailed and current that the one you were provided by the Interim Director.
We use this road for regular ingress and egress activities including purchasing groceries,
attending church, meeting with family and friends, checking mail, conducting property
maintenance such as cutting grass, disking, and plowing the fields for fire prevention, and
as required by the Californian State Law, having regular weekly garbage service.
We also lease our land to other farmers and ranchers. In addition, we have a student
currently enrolled at the University of California Davis. He conducts research on our
property for unique animals and plants. He currently is working on a grant from UC Davis
for studying and observing a snake called the Coachwhip. He is hoping he can observe
their habits on our property. He also has found Western Spadefoot tadpoles in the creek.
This species is unique and uncommon for this area. He also has documented a flower
called the Eldorado Larkspur. This is the first recorded observation for this species in all of
Colusa County. We feel it is important to continue to provide access for this student’s
observations!
Our neighbors also regularly transport cattle, feed, and equipment to their sites on
Sand Creek Road. We have seen bicyclists, bird watchers, joggers, pet walkers, sight
seers, and occasional motor bikers use this road. The majority of these people are local
1
Page 150 of 152

residences of Arbuckle and Colusa County. The only damage we have observed them do is
pick wildflowers and scare the deer. Finally, we have never seen large groups of people
including motor cyclists and large fifth wheelers travel up and down this road.
If Sand Creek Road is completely closed, we do have several questions and concerns
regarding this action:
1) If the road is closed either temporarily or permanently, who is responsible for the
maintenance? We pay county taxes for this service keeping Sand Creek open and
regularly maintained for ingress and egress.
2) How will the land owners be compensated if the road is closed and completely
abandoned by the County of Colusa?
3) How often in the past two years has the County of Colusa sheriff’s department been
called to handle any problems on Sand Creek Road? We live on this road and have
only observed a handful of patrol vehicles go up and down on Sand Creek Road.
4) How will emergency vehicles provide for fast service if the gate remains locked and
closed?
We, as landowners, recommend that prior to reaching any decision on the partial or
permanent closure of Sand Creek Road, the Board of Supervisors evaluate and consider
the following:
1) Study the current map as provided of this road,
2) Where the gate will be placed and,
3) What is the best action for the people of Colusa County.
Moreover, why does the Boad of Supervisors only decide about temporarily or permanently
extending the closure of Sand Creek Road? Will the landowners receive any notice or be
given an opportunity to provide any sort of feedback?
Thank you for taking the time to read and give this letter some thought as to how you will
proceed with this important decision.
We will be attending the meeting on Auguust 25th.
Sincerely,

John and Gloria Ferry
916-599-2175
PO Box 98
Williams, CA 95987

2
Page 151 of 152

Colusa County
Agenda Request Form
Item ID#: 2026-680

Agenda Date: 8/25/2026

Item IX.1

ADMIN
Subject
Public Employee Employment, Appointment, Recruitment, Performance Evaluation,
Discipline/Dismissal/Release (Gov. Code § 54957 - County Counsel).
Action Requested
.

Detailed Description
.
Fiscal Impact
.
Personnel Impact
.
Contact
Joshua Pack
Action for the Clerk
.
Attachments:
None

Page 152 of 152