HomeMy WebLinkAboutMINUTES - 07232002 - C33-C37 Contra
TO: BOARD OF SUPERVISORS ,
a
FROM: Gary T. Yancey, District Attorney Costa, ..
DATE: Jul 12, 2002 � .
ou my
SUBJECT: Approval to Submit an Application and Execute a Grant Award Agreement with the State
Department of Justice for Funding of the Spousal Abuser Prosecution Program for the Period
July 1, 2002 through June 30,2003 in the Amount of$ 114,040
SPECIFIC REQUESTS)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS:
Approve and authorize the District Attorney to submit an application and execute a grant award agreement,
and any extensions or amendments thereof, pursuant to Mate guidelines,with the State Department of Justice
for funding of the Spousal Abuser Prosecution Program (SAPP) in the amount of$114,040 for the period
July 1, 2002 through June 30, 2003 (State funds-budgeted).
FINANCIAL IMPACT:
The grant application will fund salary and benefit costs for an attorney for domestic violence prosecution..
Anticipated funding from the State has been cut 20.8% for 2002/03 and amounts to $ 95,033. Required in-
kind match of$ 19,007 is provided through investigative support to the program. Expenditures and revenue
are included in the District Attorney's 2002/03 budget, and adjustments will be made to account for the
anticipated revenue shortfall of$ 24,967. Supplantation is prohibited.
REASONS FOR RECOMMENDATION/BACKGROUND:
In September 1994, Assembly Bill 801 was enacted which established the Spousal Abuser Vertical
Prosecution Program. State funds are provided to allow trained attorneys to work closely with appropriate
community support groups to ensure enhanced prosecution of perpetrators of spousal abuse. This project
became the foundation of the District.Attorney's domestic violence prosecution efforts ,which subsequently
was supplemented by funds made available to the Department from the State COPS program and from the
County Board of Supervisors.
CONTINUED ON ATTACHMENT: X YES SIGNATURE:
-----_---_----_-----__ _...__...___.__ w_ -------------..---_--.--------------------- -.� -----_ -
Lj�--RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
i
f
SIGNATURE(S): INN ...-`°
--------------
----- .�---
ACTION OF BO D N `�
s , '�-., APPROVE AS RECOMMENDED__ A. OTHER
VOTE OF SUPERVISORS w� _. I HEREBY CERTIFY THAT THIS IS A TRUE
AND CORRECT COPY OF AN ACTION TAKEN
UNANIMOUS(ABSENT ) AND ENTERED ON THE MINUTES OF THE
BOARD OF SUPERVISORS ON THE DATE
AYES: NOES: SHOWN.
ABSENT: ABSTAIN:
ATTESTED ; 6 s e3~
CONTACT: Dara Cashman,DDR(646-2396) J N SW EN,CLERK OF THE BOARD OF
S ERVIS RS AND COUNTY ADMINISTRATOR
CC: District Attorney—Attn:Ren6e Goldstein
County Administrator—Attn:George Roemer
Auditor-Controller
I
BY `s =,DEPUTY
CONSEQUENCES OF NEGATIVE ACTION:
Failure to approve the recommendation will result in the loss of Mate funds available to combat the
problem of spousal abuse in Centra Costa County.
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on 7 i 23, by the following vote:
AYES: SUPERVISOR UIL I , GERBER, DeSAULNIER & GLOVER
NOES: NONE
ABSENT: SUPERVISOR GIOIA
ABSTAIN: NONE
Resolution No. 20021 453
Subject: FUNDING OF THE SPOUSAL ABUSER)
PROSECUTION PROGRAM )
RESOLUTION OF THE GOVERNING BOARD
WHEREAS THE Beard of Supervisors of Contra Costa County desires to undertake a certain project
designated as the SPOUSAL ABUSER PROSECUTIO)NPROGR",to be funded in part from funds
made available through the Department of Justice, in accordance with the provisions of Assembly Bill
801, Chapter 599, Statutes of 1994;
NOW, THEREFORE, BE IT RESOLVED that the District Attorney of Contra Costa County is
authorized on its behalf,to submit the proposal to the Department of Justice and is authorized to execute,
on behalf of he Board of Supervisors, the grant award agreement, including any extensions and
amendments thereof.
BE IT FURTHER RESOLVED that the applicant agrees to provide all matching funds required for
said project (including any amendments thereof) under the Program and the funding terms and
conditions of the Department of Justice,and that match will be appropriated as required.
IT IS FURTHER AGREED that any liability arising out of the performance of this Grant Award
Agreement, including civil court actions or damages, shall be the responsibility of the grant recipient
and the authorized agency. The State of California and the Department of Justice disclaim responsibility
for any such liability.
BE IT FURTHER RESOLVED that grant funds received hereunder shall not be used to
supplant expenditures controlled by this body.
GBRTMD copy
T o tify tht this N&foil,true and correct copy of the original document which
is Ofl_Alb in my office ATTEST JOHN SWEETEN Clork of the board of
S 0t1. yttY iSdministGstot by T) Clerk.
cc: Orig.Department: District Attorney(5 certified copies)Attn: Ren6e Goldstein
County Administrator-Attn: George Roemer
Auditor-controller
RESOLUTION NO. 2002i_t U
TO: BOARD OF SUPERVISORS
FROM: Steven Steinbrecher
CIO, Department of Information Technology
DATE: July 9,2002
SUBJECT: Agreement for Computer Services
Specific Request(s)or Recommenciations(s) &Background &Justificatlon
I. RECOMMENDED ACTION:
APPROVE and AUTHORIZE the Chair of the Board of Supervisors to execute on behalf of the
County an agreement with the State of California,Victim Compensation and Government Claims
Board to provide civill and criminal index data in the amount of$1,000 for the period of July 1,2002
through June 30, 2003.
II. FINANCIAL IMPACT:
This contract will generate approximately$1000 in revenue.
III. REASON FOR RECOMMENDATION AND BACKGROUND:
The County is able to supply civil and criminal index data from the Courts records to approved
public and private agencies. The State of California,Victim:Compensation and Government
Claim Board will use this information to file liens and recover revenue. The County generates
revenue by charging for this information.
IV. CONSEQUENCES OF NEGATIVE ACTION:
If this request is not approved,the County will not be able to generate this revenue.
CONTINUED ON ATTACHMENT: —Y I
S SIGNATURE: C�z
- Pecommendation of County Administrator
Recommendation of Board Committee
�--'Approve Other
Signature(s):�
Action of 130 on x;, J, > Approved as Recommended '_ Other
VOTE OF SUPERVISORS: I HEREBY CERTIFY THAT THIS IS A TRUE
AND CORRECT COPY OF AN ACTION TAKEN
Unanimous (Absent _ - ) AND ENTERED ON THE MINUTES OF THE
Ayes: _ Noes: e BOARD OF SUPERVISORS ON DATE SHOWN.
Absent:,`. Abstain:®-
Attested: 3
sem -- -4
CC: (4) Department of information Technology John 5v�eete� Ciertc of the Board of
Of Supervisors and County Administrator
BY. i.d o ff `i# t`/
DEPUTY
M382(10/88)
STANDARD AGREEMENT
STD.223(NEW 02/98}
AGREEMENT NUMBER
BOC-2064
1. This Agreement is entered into between the State Agency and the Contractor named below
STATE AGENCY's NAME
VICTIM COMPENSATION AND GOVERNMENT CLAIMS BOARD
CONTRACTOR'S NAME
COUNTY OF CONTRA COSTA
2. The term of this
Agreement is: July 1,2002 through June 30,2003
3. The maximum amount $ 1,000.00
of this Agreement is: One Thousand Dollars and No/00
4. The parties agree to comply with the terms and conditions of the following exhibits which are by this reference made
a part of the Agreement:
Exhibit A—Scope of Work 1 Page
Exhibit B—Budget Detail and Payment Provision 1 Page
* Exhibit C—General Terms and Conditions GTC201 Dated 2/01
Exhibit D—Special Terms and Conditions 1 Page
Exhibit E—Additional Provisions I Page
Attachment I --Agreement for Copies of Filing Information 4 Pages
Wiew at www.dgs.ca.kZov/contracts
IN WITNESS WHEREOF this Agreement has been executedby the parties hereto.
CALIFORNIA
CONTRACTOR Department of General Services
Use Only
CONTRACTOR'S NAME(f other than an individual,state whether a corporation,partnership,etc.)
COUNTY OF CONTRA COSTA
BY(Ruth .signature) DATE SIGNED)
,0 July 23, 2002
PRINTED NAME AND TITLE of PERSON SIGNING
Mark DeSaul.nier, Chair, Board of Supervisors
ADDRESS
30 DOUGLAS DRIVE
MARTINEZ,CA 94533-4068
STATE OF CALIFORNIA
AGENCY NAME
VICTIM COMPENSATION BOARD
BY(Authorized Signature) DATE SIGNED
X!
PRINTED NAME AND TITLE OF PERSON SIGNING
KELLY BR.ODIE,EXECUTIVE OFFICER.
ADDRESS
630'W'STREET,SACRAMENTO,CA 95814 Exempt per
County of Contra Costa
Agreement Number BOG-2064
'
EXHIBIT A
(Standard Agreement)
SCOPE OF WORK
1. Contractor agrees to provide to the Victim Compensation and Government Claims Board(Board)the
following services as described herein:
Supply civil and criminal index data from the Contra Costa County Superior and Municipal Court for
the purpose of tracking the county's civil and criminal suits,for use in filing Board liens to recover
revenue.
Civil index data shall be supplied on a CD ROM and will be updated monthly and annually. Annual
civil index data shall cover a 10-year history. Monthly updates will include current court fillings.
This will be a standard ASCII format to allow for an unproblematic information interchange.
Monthly updates shall be billed at$74 per month.
2. The services shall be performed at 630"K"Street, Sacramento, CA 95814.
3. The services shall be provided during normal business hours and days of 8:00 a.m. and 5:00 p.m.,
Monday through Friday, holidays excluded.
4. The project representatives during the term of this agreement will be:
State A enc : Victim Compensation Board Contractor: CowMy of Contra Costa
Name: Michele Smith, Manager Name:Alan Schulze, Admin Svcs officer
Phone: 916 327-9467 Phone: (925)_313-1200
Fax: (91q)_327-3897 Fax: 925 313-1459
Direct all inquiries to:
State A enc : Victim Compensation Board Contractor: County of Contra Costa
Section/Unit: LORS Section/Unit: Administration
Attention: Julie Marshall Attention: Alan Schulze
Address: 630"K"Street, Sacramento, CA 95814 Address: 30 Douglas Drive, Martinez, CA 94553
Phone: 916 322-0680 Phone: 925 313-1200
Fax: 916 327-3897 Fax: (925)_313-1459
County of Contra Costa
Agreement Number BOC-2064
EXHIBIT B
(Standard Agreement)
BUDGET DETAIL AND PAYMENT PROVISIONS
1. Invol Gina and Payment
A. For services satisfactorily rendered, and upon receipt and approval of the invoices, the State
agrees to compensate the Contractor for actual expenditures incurred in accordance with the rates
specified herein, which is attached hereto and made a part of this Agreement.
B. Invoices shall include the Agreement Number and shall be submitted in triplicate not more
frequently than monthly in arrears to:
Michele Smith, Manager, LORS
Victim Compensation Board
630"W'Street, Sacramento, CA 96814
2. Budaet Continaency Clause
A. It is mutually agreed that if the Budget Act of the current year and/or any subsequent years covered
under this Agreement does not appropriate sufficient funds for the program, this Agreement shall
be of no further farce and effect. In this event, the State shall have no liability to pay any funds
whatsoever to Contractor or to furnish any tether considerations under this Agreement and
Contractor shall not be obligated to perform any provisions of this Agreement.
B. If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this program,
the State shall have the option to either cancel this Agreement with no liability occurring to the
State, or offer an agreement amendment to Contractor to reflect the reduced amount.
3. Prompt Payment Clause
Payment will be made in accordance with, and within the time specified in, Government Code Chapter
4.5, commencing with Section 927.
County of Centra Costa
Agreement Number BOC-2064EXHIBIT C
(Standard Agreement)
GENERAL TERMS AND CONDITIONS
PLEASE NOTE: This page will not be included with the final agreement. The General Terms and
Conditions will be included in the agreement by reference to Internet site:www.dg5.ca.gov/contracts
office of Legal Services Exhibit C General Terms and Conditions 201 Page 1 of 3
California Home Tues
Legal Services 60 ��.
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My CA This Site
GTC201
EXHIBIT C
GENERAL TERMS AND CONDITIONS
1.APPROVAL:This Agreement is of no force or effect until signed by both parties and approved by the Department
of General Services,if required.Contractor may not commence performance until such approval has been
obtained.
2.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 in the
Agreement is binding on any of the parties.
3.ASSIGNMENT:This Agreement is not assignable by the Contractor,either in whole or in part,without the
consent of the State in the form of a formal written amendment.
4.AUDIT:Contractor agrees that the awarding department,the Department of General Services,the Bureau of
State Audits,or their designated representative shalt have the right to review and to copy any records and
supporting documentation pertaining to the performance of this Agreement.Contractor agrees to maintain such
records for possible audit for a minimum of three(3)years after final payment,unless a longer period of records
retention is stipulated.Contractor 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,Contractor agrees to include a similar right of the State to audit records and interview staff in any
subcontract related to performance of this Agreement.(GC 8546.7,PCC 10115 et seq.,CCR Title 2,Section 1896).
5.INDEMNIFICATION:Contractor agrees to indemnify,defend and save harmless the State,its officers,agents
and employees from any and all claims and losses 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 Contractor in the performance of this
Agreement.
6.DISPUTES:Contractor shalt continue with the responsibilities under this Agreement during any dispute.
7.TERMINATION FOR CAUSE:The State may terminate this Agreement and be relieved of any payments should
the Contractor fall to perform the requirements of this Agreement at the time and In the manner herein provided. In
the event of such termination the State may proceed with the work in any manner deemed proper by the State.All
costs to the State shall be deducted from any sum due the Contractor under this Agreement and the balance,if any,
shall be paid to the Contractor upon demand.
8. INDEPENDENT CONTRACTOR:Contractor,and the agents and employees of Contractor,in the performance of
this Agreement,shall act in an independent capacity and not as officers or employees or agents of the State.
9.RECYCLING CERTIFICATION:The Contractor shall certify in writing under penalty of perjury,the minimum,if
not exact,percentage of recycled content,both post consumer waste and secondary waste as defined in the Public
Contract Code,Sections 12161 and 12200,in materials,goods,or supplies offered or products used in the
performance of this Agreement,regardless of whether the product meets the required recycled product percentage
as defined in the Public Contract Code,Sections 12161 and 12200.Contractor may certify that the product contains
zero recycled content.(PCC 10233, 10308.5, 10354)
10.NON-DISCRIMINATION CLAUSE:During the performance of this Agreement,Contractor and its subcontractors
shall not unlawfully discriminate,harass,or allow harassment against any employee or applicant for employment
because of sex,race,color,ancestry,religious creed,national origin,physical disability(including HIV and AIDS),
mental disability,medical condition(canner),age(over 40),marital status,and denial of family care leave.
Contractor and subcontractors shall insure that the evaluation and treatment of their employees and applicants for
employment are free from such discrimination and harassment.Contractor and subcontractors shall comply with the
provisions of the Fair Employment and Mousing Act(Government Code Section 12990(a-f)et seq.)and the
applicable regulations promulgated thereunder(California Code of Regulations,Title 2,Section 7285 et seq.).The
applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section
12990(a-f),set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations,are incorporated into
http://www.ols.dgs.ca.gov/Standard+Language/GTC20l.htm 7/9/2002
'Office of Legal Services Exhibit C General Terms and Conditions 201 Page 2 of 3
this Agreement by reference and made a part hereof as if set forth in full.Contractor and its subcontractors shall
give written notice of their obligations under this clause to labor organizations with which they have a collective
bargaining or other Agreement.
Contractor shall include the nondiscrimination and compliance provisions of this ciause in all subcontracts to
perform work under the Agreement.
11.CERTIFICATION CLAUSES:The CONTRACTOR CERTIFICATION CLAUSES contained in the document
OCC201 are hereby incorporated by reference and made a part of this Agreement by this reference as if attached
hereto.
12.TIMELINESS:Time is of the essence in this Agreement.
13.COMPENSATION:The consideration to be paid Contractor,as provided herein,shall be in compensation for all
of Contractor's expenses incurred in the performance hereof,including travel,per diem,and taxes,unless otherwise
expressly so provided.
14.GOVERNING LAW:This contract is governed by and shall be interpreted in accordance with the laws of the
State of California.
15.ANTITRUST CLAIMS:The Contractor by signing this agreement hereby certifies that if these services or goods
are obtained by means of a competitive bid,the Contractor shall comply with the requirements of the Government
Codes Sections set out below.
a.The Government Code Chapter on Antitrust claims contains the following definitions:
1)."Public purchase"means a purchase by means of competitive bids of goods,services,or materials by the State
or any of its political subdivisions or public agencies on whose behalf the Attorney General may bring an action
pursuant to subdivision(c)of Section 16750 of the Business and Professions Code.
2)."Public purchasing body"means the State or the subdivision or agency making a public purchase.Government
Code Section 45501.
b.In submitting a bid to a public purchasing body,the bidder offers and agrees that if the bid is accepted,it will
assign to the.purchasing body all rights,title,and interest in and to all causes of action it may have under Section 4
of the Clayton Act(15 U.S.C.Sec. 15)or under the Cartwright Act(Chapter 2(commencing with Section 16700)of
Part 2 of Division 7 of the Business and Professions Code),arising from purchases of goods,materials,or services
by the bidder for sale to the purchasing body pursuant to the bid.Such assignment shall be made and become
effective at the time the purchasing body tenders final payment to the bidder.Government Code Section 4552.
c.If an awarding body or public purchasing body receives,either through judgment or settlement,a monetary
recovery for a cause of action assigned under this chapter,the assignor shall be entitled to receive reimbursement
for actual legal costs incurred and may,upon demand,recover from the public body any portion of the recovery,
including treble damages,attributable to overcharges that were paid by the assignor but were not paid by the public
body as part of the bid price,less the expenses incurred in obtaining that portion of the recovery.Government Code
Section 4553.
d.Upon demand in writing by the assignor,the assignee shall,within one year from such demand,reassign the
cause of action assigned under this part if the assignor has been or may have been injured by the violation of law
for which the cause of action arose and(a)the assignee has not been injured thereby,or(b)the assignee declines
to file a court action for the cause of action.See Government Code Section 4554.
16.CHILD SUPPORT COMPLIANCE ACT:"For any Agreement in excess of$100,000,the contractor
acknowledges in accordance with,that:
a).The contractor recognizes the importance of child and family support obligations and shall fully comply with all
applicable state and federal laws relating to child and family support enforcement,including,but not limited to,
disclosure of information and compliance with earnings assignment orders,as provided in Chapter 6(commencing
with section 5200)of Part 5 of Division 9 of the Family Code;and
b)The contractor,to the best of its knowledge is fully complying with the earnings assignment orders of all
employees and is providing the names of all new employees to the New Hire Registry maintained by the California
Employment Development Department."
17. UNENFORCEABLE PROVISION:In the event that any provision of this Agreement is unenforceable or held to
be unenforceable,then the parties agree that all other provisions of this Agreement have force and effect and shall
not be effected thereby.
1$.UNION ORGANIZING For all contracts,except fixed price contracts of$50,000 or less,the Contractor
acknowledges that:
By signing this agreement Contractor hereby acknowledges the applicability of Government Code Section 16645
through Section 16648 to this agreement and agrees to the following:
http://www.ols.dgs.ca.gov/Standard+Language/GTC20l.htm 7/9/2002
Office of Legal Services Exhibit C General Terms and Conditions 201 Page 3 of 3
a)Contractor+mall not assist,promote or deter union organizing by employees performing work on a state service
contract,including a public works contract.
b)No state funds received under this agreement will be used to assist,promote or deter union organizing.
c)Contractor will not,for any business conducted under this agreement,use any state property to hold meetings
with employees or supervisors,if the purpose of such meetings is to assist,promote or deter union organizing,
unless the state property is equally available to the general public for holding meetings.
d)if Contractor incurs costs,or makes expenditures to assist,promote or deter union organizing,Contractor Wil
maintain records sufficient to show that no reimbursement from state funds has been sought for these costs,and
that Contractor shall provide those records to the Attorney General upon request.
Updated:4130/2002
Back to'Too of eja e
0 2000 State of California.Gray Davis,Governor. Conditions of Use Privacy Palley
htq)://www.ols.dgs.r-a.gov/Standard+Language/GTC20l.htm 7/9/2002
County of Contra Costa
Agreement Number BOC-2064
EXHIBIT D
(Stannard Agreement)
SPECIAL TERMS AND CC)NDITIONS
1. Settlement of(Disputes
In the event of a dispute, Contractor shall file a"Notice of Dispute"with the Board's Executive Director
or designee within ten(10)days of discovery of the problem. Within ten(10)days, the Board's
Executive Director or designee shall meet with the Contractor and Project Manager for purposes of
resolving the dispute. The decision of the Board's Executive Director or designee shall be final.
In the event of a dispute,the language contained within this Agreement shall prevail over any other
language including that of the bits proposal.
County of Contra Costa
Agreement Number BUC-2064
EXHIBIT
(Standard Agreement)
ADDITIONAL. PROVISIONS
1. Agreement for Copies of Filing Information;
The aforementioned agreement Is incorporated by reference and made a part of this agreement
as Attachment 1.
A£TACHKENT I
AGREEMENT FOR COPIES OF FILING INFORMATION
Effective June 28, 2001, the County of Contra Costs. thereafter
"County") ' and Victims Compensation Claims board(hereafter "User")
mutually agree and promise as follows:
1. Definitions:
A. Initial filing information, initial filing data or data
means copies of the following non-confidential records which are in
possession of the Superior Court of California, County of Contra
Costa. or Department of Information Technology:
Document Description Estimated Casts
1. Criminal and Traffic Filing Index
2 . Civil and Small Claims Filing Index
Estimated cost will be provided if desired, otherwise, user shall
pay the actual cast when billed.
B. User understands and agrees that, in addition to the
above-listed, any records which are related to the initial filing
function and are obtained by User during the aforenoted fiscal year
will be provided under the terms and conditions of this .Agreement.
C. "Records" means computer readable media, upon which the
initial filing is contained.
D. "County" means the County of Contra Costa and any of
its authorized departments, agencies, officials, managers, employees
and agents.
2 . Payment of Costs; Furnishings of Records
Subject to the below stated terms and conditions, User hereby agrees
to pay the aforestated amounts which User agrees are to cover
County's actual costs of assembling and copying the aforestated
filing information, including any computer programming associated
therewith, and County agrees to provide said filing information to
User at such time as County, at its convenience, can obtain the
copses of said information for User. An estimate of the total
amount shall be paid to the Department possessing the documents
before any documents are copied. If the estimate exceeds the cost
incurred to assemble and copy the data, including any programming
required therefore, the balance will be refunded. If the estimate
is not sufficient to cover the cost incurred to assemble and copy
the data., including any programming required therefore, User will
pay the balance before the copies are released to User.
- 1 -
The parties understand and agree that County is not selling the
Filing information but rather only recovering its casts of
assembling and copying the information, including the cast of any
programming associated therewith, too that User is able to obtain
copies of 'County's filing information without monetary consideration
beyond the aforestated agreed actual costs of assembling and copying
the information, including any programming associated therewith.
User understands and agrees that this Agreement is not for sale of
goods and is not subject to the provisions of the California
Commercial Code or any other law pertaining to sales of goods.
3 . COUNTY'S DISCLOSURE AND DISCLAIMER; WARNING TO USER; USER'S
WAIVER.
USER UNDERSTANDS AND AGREES THAT ANY COMPUTER PROGRAMMING IS DONE BY
COUNTY AS A COURTESY TO USER TO ALLOW FILING INFORMATION DATA TO BE
COPIED IN THE FORM DESIRED BY USER, RATHER THAN THE FORM MAINTAINED
BY COUNTY, AND USER FURTHER UNDERSTANDS AND AGREES:
A. THAT THE FILING INFORMATION DATA IS COPIED OR DERIVED
FROM RECORDS MAINTAINED BY COUNTY FOR COUNTY USE AND THAT THE USER'S
USE OF SUCH DATA IS COMPLETELY INCIDENTAL, TO THE PURPOSE OF COUNTY
USE FOR WHICH THE DATA HAS BEEN MAINTAINED.
B. THAT THE DATA HAS NOT BEEN DEVELOPED WITH THE INTENT OF
USE OR BENEFIT TO ANYONE OTHER THAN COUNTY AND HAS NOT BEEN
MAINTAINED IN A MANNER INTENDED TO BE USEABLE, ACCURATE OR
BENEFICIAL FOR USER'S USE.
C. THAT IT IS QUITE POSSIBLE THAT ERRORS AND OMISSIONS
HAVE OCCURRED IN ANY PROGRAMMING DONE BY COUNTY TO PROVIDE THE DATA
IN THE FORM DESIRED BY USER, AND USER FURTHER UNDERSTANDS AND AGREES
THAT IT IS HIGHLY PROBABLE THAT ERRORS AND OMISSIONS WILL OCCUR IN
ANY RECORD KEEPING PROCESS, ESPECIALLY WHEN LARGE NUMBERS OF RECORDS
ARE DEVELOPED AND MAINTAINED; NOTWITHSTANDING, USER AGREES TO TAKE
THE RECORDS "AS IS", FULLY EXPECTING THAT THERE MAY WELL BE ERRORS
AND OMISSIONS IN THE DATA OBTAINED FROM COUNTY.
D. THAT COUNTY MAKES ABSOLUTELY NO WARRANTY WHATSOEVER,
WHETHER EXPRESSED OR IMPLIED, AS TO THE ACCURACY, THOROUGHNESS,
VALUE, QUALITY, VALIDITY, MERCHANTABILITY, SUITABILITY, CONDITION,
OR FITNESS FOR A PARTICULAR PURPOSE OF THE DATA AND ANY PROGRAMMING
USED TO OBTAIN THE DATA IN THE FORM DESIRED BY USER, NOR AS TO
WHETHER THE DATA IS UP-TO-DATE, COMPLETE OR BASED UPON ACCURATE OR
MEANINGFUL FACT.
E. THAT USER HEREBY FOREVER WAIIVES ANY AND ALL RIGHTS,
CLAIMS, CAUSES OF ACTION OR OTHER RECOURSE THAT IT MIGHT OTHERWISE
HAVE AGAINST COUNTY FOR ANY INJURY OR DAMAGE OF ANY TYPE, WHETHER
DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR OTHERWISE, RESULTING
FROM ANY ERROR OR OMISSION IN SUCH DATA OR IN .ANY PROGRAMMING USED
TO OBTAIN THE DATA IN THE FORM DESIRED BY USER, OR IN ANY MANNER
2 -
ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE DATA PROVIDED
HEREUNDER.
4 . Third Party Use of Data; User's Indemnification
A. User agrees that it will provide no copy (or partial
copy) of any filing information data to any ether entity, business
or individual without 1) disclosing that the copy (or partial copy)
of the data is obtained from Contra Costa records and 2) including a
complete copy of Paragraph 3 of this agreement with the copy (or
partial copy) of the record..
B. User hereby agrees to defend, save, hold harmless and
indemnify County and its officers, employees and agents, against
claims by anyone for any loss, injury, damage, risk, cause of
action, or liability of any type (including legal fees) occurring to
User or any other person, relating to or arising out of the subject
matter of this Agreement, or which may be alleged to have been
caused, either directly or indirectly, by the acts, conduct,
omissions, negligence or lack of good faith of County, its officers,
agents or employees in any way related to or arising out of the .
subject matter of this Agreement. This subsection 4.B shall survive
any termination of this agreement.
5. Defenses of County
User understands and agrees that this is the entire agreement for
the use of filing information and that nothing that may be stated or
done by any County employee, agent or official shall be deemed to
waive or toll any statute of limitations, waive any defense or in
any way stop the County from asserting any and all defenses provided
by law or this Agreement.
6 . Termination
This agreement can be terminated by any party for any reason or for
no reason on thirty (30) days written notice to the other party or
parties.
3 -
Contra
TO: BOARD OF SUPERVISORS
Costa
FROM: John Cullen, Director ' .'.,. County
Employment & Human Servicesq,4 ep r�r� � sir
DATE: ,July 5, 2002 � e�
SUBJECT: APPROVE and AUTHORIZE the SUBMITTAL of the Contra, Costa County Area Agency
on Aging Area Plan Addendum, for FY 2002/2003 for services under Older Californians Act
and the Older Americans Act, to the State and AUTHORIZE the Chair, hoard of Supervisors
to SIGN the Letter of Transmittal.
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RFLClMMFNDEJ A —T10 -
APPROVE and AUTHORIZE the SUBMITTAL of the Contra Costa County Area Agency on Aging Area
Plan Addendum, for FY 2002/2003 for services under Older Californians Act and the Older Americans Act,
to the State and AUTHORIZE the Chair, Board of Supervisors to SIGN the Letter of Transmittal.
FINANCIAL_MPA.
No County costs. To secure funds under the Older Californians Act and Titles III, III E and VII of the Older
Americans Act, the State must approve the Contra Costa County Area Agency on Aging Area Plan Update
for FY 2002/2003.
BACKGROIINDi
Under the Acts, the Area Agency on Aging (AAA) must develop and submit an update to the four-year plan
to the State to receive funding. The State will determine funding levels and inform the local areas based on
their local plans.
The AAA provides services for older County residents under Titles III, III-E & VII of the Older Americans
Act and under the Older Californians Act. Under the 2002-2003 Area Plan Update, the AAA provides
through contract Congregate Meals, Home-Delivered Meals, Legal Assistance, Horne Visiting, In-Home
Services Registry, Transportation, Adult Day Care, Errand & Escort Services and Family Caregiver Provider
program services. The Area Plan Addendum specifically addresses the Title III-E Family Caregiver Support
Program, as it was not fully covered in the FY 2002-2003 Area Plan Update submitted. Funding from the
Older Californians Act has allowed the AAA to provide through contract the Alzheimer's Day Care Resource
Center Program, Brown Bag Program, and the Senior Companion and Respite Registry. Additionally, the
AAA directly provides information and assistance, preventive health care and disease prevention, linkages
programs, respite purchase of services, Health Insurance Counseling and Advocacy Program (HICAP) and
perform the program development, coordination, administration and planning responsibilities of the Area
Agency on Aging. 1�[
CONTINUED ON ATTACHMENT: I't YES SIGNATURE: r '
*ECOMMENDATiON OF COUNTY ADMINISTRATOR _,RECOMMENDATION OF BOARD COMMITTEE
`APPROVE OTHER
SIGNATURE(S): ~` -
ACTION OF B ON k APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
_ UNANIMOUS(ABSENT } AND CORRECT COPY OF AN ACTION TAKEN
AYES. NOES; AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
ATTESTED
JO H WEE ,CLERK OF THE BOARD OF
SUPT_ VISOR AND COUNTY ADMINISTRATOR
Contact: ROBERT SESSLER,3-1605
cc: JOHN CULLEN-EHSD
EHSD CONTRACTS UNIT—Eta
SCOTT DANIELON(SUMMIT)
BARBARA McNAIR(SUMMIT)
SHARON JOHNSON (SUMMIT) BY
COUNTY ADMINISTRATOR DEPUTY
CONTRACTOR
Contra Costa County Area Agency on Aging
Area Plan Addendum
.FamilCa Iver Support Program
b
I. COVER LETTER WITH REQUIRED SIGNATURES
Forthcoming--AAA is in the process of`obtaining the appropriate signatures and getting
the approval of the Board of Supervisors.
II. REVIEW OF FCSP NEEDS
+ INVENTORY OF EXISTING CAREGIVER SUPPORT SERVICES AND
DOCUMENTATION THAT PLAN CONSIDERS ALL OTHER EXISTING AND
POTENTIAL SUPPORT SERVICES OPERATING LOCALLY.
An extensive inventory of existing caregiver support services was completed by a comprehensive
review of the Area Agency on Aging(AAA)Information &Assistance database of services and
programs serving cixregivers and care receivers in Contra Costa County. AAA's recent Four-
Year
ourYear Area Plan needs assessment was thoroughly reviewed. AAA also convened key providers
in the caregiver support system,forming a Planning Group whose charge was the review and
prioritization of existing and potential support services and the development of a process for
outreach to caregivers to ascertain their needs.Members of the Planning Group include Ruth
Goodin, Long Term Care Consultant, Laren Cole, Senior Outreach Services; Peter Behr,
Guardian Adult Day Hearth; Linda Hughes, Mt. Diablo Adult Day.Health; Kathleen Felly,
Family Caregivers Alliance;Joanne Best, Independent Living Resource; Fran Smith, Public
Authority;and AAA staff.
+ LOCAL NEEDS ASSESSMENT
To determine the extent of need for Family Caregiver Support Program (FCSP) services, the
Area Agency on Aging took a two-pronged approach. First, it reviewed and analyzed available
data gathered during its recent Needs Assessment process, relative to its Four-Year Area Plan
200162005. The review and analysis ofrecently gathered data was multifaceted, including the
following.
— Key Informant Survey
1
— Research Study in Health Conditions, Function Abilities, Resources and Risks of
Older Adults in Contra Costa County
— Focus Groups
— CA Dept. of Aging Survey
-- West County Coalition .public Forums
- Long Term Care Design 'learns
-- Public Forums
-- Public Hearing
— Partners in Planning Forum
Secondly, AAA conducted intense research on family caregiver issues, programs, best practices
and other pertinent information including but not limited to those below.
— Family Care 'vers;Partners in Lon Term Care--SuMa of 15 States Care 'ver
Support Programs (Family Caregiver Alliance, October 1999)
— AOA and NIH u7ebsites (questions &answers, extensive discussions and position
papers on caregiver issues and programs)
— FCSP program guidelines developed by other counties
AAA also focused specifically on gathering input from the caregivers themselves. Planning for
gathering this input involved an active planning group consisting of AAA. staff, community-
based organizations and the Public Authority. Outreach included a Public Forum held on
August 15, 2001, hosted by the Advisory Council on Aging, and a call-in program held over the
course of several days, where caregivers could talk with AAA staff about their specific needs and
concerns. Outreach targeted caregivers throughout the County. Every effort was made to
provide access to all caregivers, including the homebound, the public forum was wired for call-
ins and both the forum and the call-in program provided the opportunity for translation, if
needed.
The call-in program was TDD accessible.
Notice for both the forum and the call-in program was made widely available to caregivers, the
aging network and the media. Resources included databases of caregivers, commissions on
aging East, West and Central County coalitions;senior advocacy groups,community-based
organizations, senior centers, Aging and Adult Services program staff, other County staff and
the media throughout the County.
Materials included informational flyers, Public Service Announcements and press releases.
The Public Forum format consisted of a short review of family caregiver statistics/demographics
and the purpose, criteria, service categories and funding of the Family Caregiver Support
Program. Most of the forum consisted of an interactive approach where everyone in attendance
actively participated in documenting hislher perceptions of issues and program needs,followed
2
by group analysis, summarizing and public comment. Evaluations of the Public Forum by
attendees were all very favorable.
III: PROGRAM DESCRIPTION RESULTING FROM THE REVIEW OF NEEDS
OVERARCHING STATEMENT OF AAA's VISION FOR THE FAMILY
CAREGIVER.SUPPORT PROGRAM
Contra Costa County AAA's initial vision for the Family Caregiver Support Program
is to empower and sustain caregivers by assuring that a comprehensive system of support
services is both visible and accessible to them. This vision includes the creation and expansion of
services that offer Information and Education about Existing Services, Assistance in Accessing
Services, Respite, Ongoing Support, and Equipment and Horne Modifications.
These service components will be provided within a support system committed to the following
considerations:
y- Creative ways to reach family caregivers, especially those most isolated and non-
English speakers.
-- A focus on providing services in the family caregiver's home, where possible. Family
caregivers'often are unable to access services outside the home because they lack
access to respite care andlor they don't have the financial resources to pay for it.
— Availability of services to all population groups in Contra Costa County.
— Attention to the deeds of the very targe number of family caregivers that are middle-
aged and also working.
— Enhancement of the ability for the fancily caregiver to keep the care receiver at home,
institutionalization is far more costly and often traumatic for both caregiver and care
receiver
--- Integration of intake for family caregivers along with intake for his/her care receiver,
whenever feasible and appropriate. Integration of the process and programs for
serving the caregiver with the process and programs serving the care receiver.
-- Communication, cooperation, collaboration and integration of alt service system
partners: County, community-based organizations ("CBO's) and other service
3
providers,funders, advocates and caregivers, resulting in the best system
management and the best case management of each family caregiver.
IDENTIFIED SOURCES OF FUNDING AND FLAN FOR DELIVERY OF FAMILY
CAREGIVER SERVICES BASED ON NEEDS.
Currently identified sources of funding are the Federal and State allocations and the County.
Contra Costa County is prepared to allocate General Fund revenue andfor
in-kind contributions to meet the rewired match as specified in Title III E.
♦ IDENTIFIED SPECIFIC PLAN FOR SUPPORT OF CAREGIVERS,INCLUDING
FAMILY CAREGIVERS AND OTHER CAREGIVERS
Based on all aspects of the Needs Assessment, the AAA's plan for support of family caregivers
will address the overarching theme of providing access to services and support. Caregivers need
services to sustain there and a support system that prevents crisis. The FCSP will focus
primarily on the following needs identified by caregivers themselves:
1. Respite- in-home, regular, emergency, on-call, longer days and longer term.
2. Ongoing Support-Addressing such needs as dealing with the depression which arises ,
from the isolation and stress of caregiving; the need for someone to talk to(peer, one-on-
one, group, by phone); help in using services; dealing with family conflict;
communicating with doctors, taking care of oneself training in caregiving techniques;
understanding, assessment and planning far the stages of care receiver's illness, e.g.
placement
3. Information &Education about Existing Services-haw to find what services are out
there.
4. Assistance in Accessing Services -Increased coordination of existing services and
assistance in overcoming barriers such as prohibitive costs of some services, isolation of
the caregivers, transportation, complex phone systems, health problems of the caregiver,
and the lack of ability to manage the numerous and overwhelming needs of the caregivers
S. Equipment and Hayne Modifications -access to equipment and modifications such as
ramps, grab bars, wheelchairs, etc.
4
♦ IDENTIFIED EXISTING AND NEEDED RESOURCES -ENSURE THAT FCSP
FUNDS ARE USED TU MEET UNMET NEEDS AND LININ EXISTING PROGRAMS
TOGETHER INTO A MORE SEAMLESS SYSTEM OF SUPPORTS AND SERVICES
FOR CAREGIVERS
A seamless support and service system requires the communication, cooperation, collaboration
and integration of all components:AAA, CBO's and other service providers,funders, advocates
and caregivers. This results in the best system management, the most effective use of resources,
and the greatest benefit to each caregiver. AAA models its system development on this concept.
Based on needs identified in the Four-Fear Area Plan and its FCSP Needs Assessment of
caregivers, AAA will integrate expanded and additional resources into its existing service
system.
Existing Resources:Information &Assistance, Alzheimer's Day Care Resource Center, Brown
Bag, Health Insurance Counseling&Advocacy, Linkages, Respite Purchase of Services, Senior
Companion, Ombudsman,Adult Day Care, Congregate Nutrition,Horne-Delivered Nutrition,
Nutrition Education, Home Visiting,In-Home Services Registry, Respite .Registry, Nutrition
Transportation, Legal Services, Disease Prevention/Health Promotion, the Long Term Care
Integration Planning.Project, IHSS, MSSP and APS. Broader resources include all of tate non-
profit prodder community, Health Services Departments, the Public Authority-, Employment
and Human Services and the advocacy and advisory commissions and councils.
The Area Agency on Aging Information &Assistance (I &A) is the entry point to the Aging
and Adult Services System. I &A provides comprehensive assessments to callers or Tamil y
members where there are multiple needs and determines the necessary supportive services to
meet those needs. If the client is referred to another agency, the intake information is passed on
to that agency. Sharing of assessments diminishes duplicate information and saves time and
frustration for the client. AAA's referral system and the easy transfer of clients is due to the
amount o�f time the I&A coordinator and staff spend in the field doing outreach and building on
existing working relationships.
The Employment and Human Services Department and the Health Department are in the
process of developing and implementing a program where a gerontological nurse will become
part of the I&A staff.. The nurse will have the flexibility to make home visits and to respond to
the needs of both caregivers and receivers.
5
The Long Term Care Project and the Health Department are currently developing a system
whereby all components of the support system are fully integrated in terms of access, referral and
coordination of the client's case management.
Needed resources:As part of the Family Caregiver Support Program, AAA will continue to
.facilitate coordination and integration among all of the above resources.
It will link intake assessments of caregivers with intakes being done on care receivers, wherever
feasible and appropriate, again increasing coordination and eliminating duplication of efforts and
fragmentation of services.
The FCSP,Needs Assessment brought forth the overarching theme 9f lack of access to various
services, due to cost, constraints upon service providers, and the inability of many caregivers to
leave the home. Related program resource needs are as follows:expanded respite capability,
creative outreach,focusing especially on reaching caregivers who are homebound, isolated and
the multi-cultural, non-English spewing community;.ongoing support and training to deal with
the emotional, physical, practical and logistical issues of the caregiver; increased assistance in
overcoming the multiple barriers to accessing services;access to affordable equipment and home
modifications which ease the burden on the caregiver.
Contra Costa County's proposed use of Title III E funds will link existing programs into a more
seamless system of supports and services by falling the service gaps identified by the FCSP.Needs
Assessment. We are currently in the process of letting a Request for Proposal (RFP) to address
those needs by providing services under the FCSP eligible service categories.
Upon completion of the RFI'process, the.planning Committee and the Advisory Council on
Aging will review the proposals. Recommendations will be made for the expenditure of Title III E
funds. Final approval rests with the Board of Supervisors.
♦ DOCUMENTATION 4F HOW THE USE OF FCSP FUNDS WILL BE
COORDINATED WITH EXISTING STATE-FUNDED PROGRAMS AND WILL USE
EXISTING INFRASTRUCTURE WHERE POSSIBLE
AAA will incorporate Title.III E funds into the current aging network as identified in the Four-
Year Area Plan (pages 5 &6) and listed here:
* Hospitals * Transportation and Paratransit
* Board &Cares ■ Discharge Planners
* Skilled Nursing Facilities * Delta 2000
* Ombudsman ■ Nutrition Services
* Legal Services for Seniors * Homeless Shelters
6
■ Health Clinics ■ CARE
■ Friendly Visitor Food Bank
■ East &West County Day Fare District Attorney's Office
= Educational Institutions united Way
■ Health Insurance Counseling & ■ Public Authority
Advocacy Program ■ Banks
■ .Pharmacies ■ PG&E
Visiting Nurses Association = Postal Service
■ Adult Day Care Rehabilitation ■ Law Enforcement
■ East, Central and West County ■ Errand&Escort Services
Coalitions = Elder Abuse Prevention
= SHARE Home Health Agencies
♦ IDENTIFIED ALLOWABLE FEDERAL ACTIVITIES WHICH ARE OF HIGHEST
NEED IN THE LOCAL AREA
RESPITE
_ .Addressing various needs for length, lead time, emergencies, in-home or facility-based
SERVICE INFORMATION
■ Outreach and Education about existing services
ACCESS
= Case Management for caregiver-provided in-home
■ Transportation and.Assisted Transportation
CAREGIVER SUPPORT
= Counseling and emotional support
= Training in Caregiving
SUPPLEMENTAL SERVICES
= Equipment/Home Modifications
(Since Respite was the most overwhelming need, it is listed first. The others
are not listed in order of priority and seem equally important to caregivers, overall.)
7
IV GOALS ANIS OBLDUTVES
ADDENDUM GOAL #1
(of 1)
The Contra Costa County Area Agency on Aging is committed to empowering and sustaining
family caregivers, recognizing that they are the backbone of our tong term care system and that
they function under tremendous burdens. AAA will empower and sustain family caregivers
through the development and enhancement of a comprehensive system of family caregiver
support services and by making this support system both visible and accessible to them.
RATIONALE
Based on the Family Caregiver Needs Assessment and its analysis, conducted by AAA and the
FCSP Planning Croup, AAA was requested to provide an expanded system of support that
addresses caregivers needs for increased access to services.
OBJECTIVES
1. AAA staff and the Family Caregiver Support Program Planning Group will seek input of
family caregivers and other stakeholders regarding service reeds by conducting a
comprehensive needs assessment by August 31, 2001.
2. AAA staff will assure ongoing participation in the Family Caregiver Support Program
planning process of service providers,funders, advocates,family caregivers and other
stakeholders through June 30, 2002.
3. AAA Staff and the Advisory Council on Aging will develop a timeline and budget
for FCSP implementation by September 1, 2001.
4. AAA Staff, in conjunction with the Advisory Council on Aging, will develop FCSP
evaluation components by October 15, 2001.
5. AAA will work with Employment and Human Services and contract staff to issue an RFP
for service needs as identified in the FCSP Needs Assessment and in compliance with the
service categories outlined in the FCSP Service Matrix by October 30, 2001.
8
6. AAA, through its Request for Proposals process will require bidders to include a pian for
community outreach to assure that low income individuals, ethnically diverse, limited
English speaking individuals and persons identified as being of greatest economic or social
need are being served through June 30, 2002.
7. AAA will assure that programs and services provided with FCSP funds meet the targeting
mandates of the Older Americans Act through June 30, 2002.
8. AAA Staff and the Advisory Council on Aging will review and recommend the awarding of
bids for.PCSP services by December 1, 2001.
9. AAA Staff will negotiate contracts for successful provision of.PCSP services by December
31, 2001.
10. AAA ,Staff will provide technical assistance to successful bidders through Jane 30, 2002.
V SERVICE UNIT PLAN- To be made available upon completion of the.RFP process.
VI WAIVERS(If applicable)
None
9
TRANSMITTAL LETTER
This 2002-2003 Title III E Area Plan Addendum for PSA 7 is hereby submitted to the
California Department of Aging for Approval. The Contra Costa County Board of
SuWrvisors supports the development of community-based systems of care and
recognizes the responsibility within each community to establish systems in order to
address the care needs of alder individuals and individuals with functional impairments,
their families and caregivers. c
I. (Signed) ". � July 23, 2002
Chairperson,Governing Board Date
The Area Agency Advisory Council has had the opportunity to participate in the planning
process and to review and comment on the Area Plan Addendum..
. (Signed} - 2,—
Chairperson,
--'Chairperson, Area A ncy on Aging Da e
Advisory Council
3. (Signed
Director, Area Agency on Aging Date
TO: BOARD OF SUPERVISORS �' `; tl'1C`c"
FROM: John Cullen, DirectorA"" ql
Costa
Employment and Human Services Department °`s:............. County
DATE: July 2, 2002
SUBJECT: APPROVE AND AUTHORIZE the Employment and Human Services Director, or designee to
ACCEPT California Department of Aging(CDA) Older Californians Act ((JCA) FY2002/2003
funding in the amount of$607,019 and APPROVE Execution of FY 2002/2003 CDA OCA
Standard Agreement. #29-097)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDED AC"T_IQNL
APPROVE AND AUTHORIZE the Employment and Human Services Director, or designee to ACCEPT
California Department of Aging(CDA) Older Californians Act(OCA) FY2002/2003 funding in the amount of
$607,019 and APPROVE Execution of FY 2002/2003 CDA OCA Standard Agreement. (#29-097)
EINANCIA1, IMPACT'
County to receive $607,019 Older Californians Act (CB-0203-07) funding(90% State, 10% Federal).
No County funds for match. Required match is provided by contractor agencies: Alzheimer's Day Care
Program 25% of direct service contract amount($20,000 cash and in-kind match) and Brown Bag Program 50%
($11,638 cash and in-kind match) of all State funds allocated for this program.
RAC KGROI11 D!
The Employment and Human Services Department Aging and Adult Services Bureau, Area Agency on Aging
(AAA) contracts provide services for older residents of Contra Costa County under the Older Californians Act
(OCA). The FY 2002/2003 Area Plan proposes continued services to provide funding for; Senior Companion,
Respite Registry, Brown Bag, Alzheimer's Day Care, HICAP and Linkages services. The programs provides
services to age 60 years and older. Services include a stipend volunteer program for low income adults age 60
years and older to assist homebound adults in preventing or delaying institutionalization;the distribution of food
bags twice a month; supervision and activities for adults with moderate to severe stages of Alzheimer's disease
and related dementia; and, providing respite, training and supportive counseling to caregivers.
CONTINUED ON ATTACHMENT: YS SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
s::!n—APPROVE OTHER
SIGNATURE(S). '
ACTION OF BOON ` _(" APPROVED AS RECOMMENDED OTHER
s�
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
UNANIMOUS(ABSENT ' ) AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT. ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
r�
ATTESTED.
JOHNS FETE ,!CLERK OF`THE BOARD OF
SUPERVISORS XND COUNTY ADMINISTRATOR
Contact: RE3B SESSLER,3-1605
cc: EHSD CONTRACTS UNIT(EB)
COUNTY ADMINISTRATOR BY ��~~- ,DEPUTY
AUDITOR-CONTROLLER
SAHRON JOHNSON (SUMMIT)
BARBARA McNAIR(SUMMIT)
CONTRACTOR
TO: BOARD OF SUPERVISORS Contra
Costa
FROM: Sllvano B. Marchesi,County Counsel County
By: Mary Ann McNett Mason, Deputy County Counsel +?
DATE: July 9 , 20)012
SUBJECT: Contract for County Counsel Services, Contra Costa County Office of Education
Fiscal Year 20012-2003
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
I. RECOMMENDATION:
Approve and authorize Chair, Board of Supervisors to execute a contract for the prevision of
legal services by County Counsel to the Contra Costa County Office of Education at specified hourly
rates during the period July 1, 2002 through June 30, 2004. (No Net County Cost)
II. FINANCIAL- IMPACT:
For legal services to be provided, the County Counsel's Office will receive compensatory per-
hour revenue payments.
III. REASONS FOR RECOMMENDATIONS/BACKGROUND:
For several years, the County Counsel's Office has provided legal services to the Contra
Costa County Office of Education. This contract will enable County Counsel to continue to provide
legal services at reasonable rates to the Contra Costa County Office of Education and to receive
compensation therefor.
The Contra Costa County Board of Education has approved and executed said contract.
CONTINUED ON ATTACHMENT: ®YIDS SIGNATURE: XX,
E
i,-'RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
—APPROVE OTHER
SIGNATURE(S):
ACTION OF BOAR } N ' f APPROVED AS
RECOMMENDEt ? ; THE 4
° - UNANIMOUS I HEREBY CERTIFY THAT THIS IS A TRUE AND
(ABSENT .Y ) CORRECT COPY OF AN ACTION TAKEN AND
ENTERED N THE MINUTES OF THE BOARD OF
SUPERVISORS ON THE DATE SHOWN.
AYES: NOES:
ATTESTED t'ekl �. - D-2.-)
ABSi=NT: ABSTAIN: JOHV)SWE EN, CLERK OF THE BOARD
07F SUPERV&RS AND C07UNTY
ADMINISTRATOR
contact: County Counsel(Mary Ann Mason, 335-1821)
cc: County Administrator ;•
r
Clerk, Board of Supervisors DEPU
CCC Office of Education
County Auditor-Controller
I:W0ANM MAMWW.ce of edu.8dord.oorrtraaa for legal aeMi .wpd
Cvntr;act for Legal Services
L PARTIES. This Agreement is entered into by and between the COUNTY OF CONTRA COSTA,
a political subdivision of the State of California(hereinafter referred to as "COUNTY"),and
the CONTRA COSTA COUNTY SUPERINTENDENT OF SCHOOLS and CONTRA COSTA COUNTY
BOARD OF EDUCATION (hereinafter both referred to as "COUNTY SCHOOLS").
2. TERM. The term of this Agreement shall be from July 1, 2002, through June 30, 2004,
unless renewed before then or terminated pursuant to Section 7.
3. COUNTY'S OBLIGATION.
A. 1n consideration of County Schools'promise to pay the amounts stated herein,County,
through its County Counsel, shall provide oral and written legal advice to County Schools
and represent County Schools in all administrative proceedings and litigation except:
1) Suits involving personal injury and property damage.
2) Matters involving labor negotiations.
3) Matters involving student's claims regarding
provision of special education services.
B. Matters pertaining to unfair practice charges arising under the Educational
Employment Relations Act(Gov. Code §§ 3540 et seq.)may be handled by
County Counsel, but County Schools will first consult with and obtain County
Counsel's concurrence for representation and handling of any such matters as they
may arise.
C. County Counsel shall be truthful with County Schools, cooperate with it, beep it
informed of developments,perform the obligations required by this Agreement;
and immediately notify County Schools of any discovered actual or apparent
conflicts for representation decisions.
4. COUNTY SCHOOLS'OBLIGATION.
A. Compensation. In consideration of the County's provision of these legal services
during the term of this Agreement, the County Schools shall pay the County as
follows:
1. Hourly hates
A) For Legal Services; effective July 1,2002
1. Deputy Mary Ann Mason $ 120.00/hr.
2. Deputy Kevin T. Kerr $ 123.00/hr.
3. Deputy.David F. Schmidt $ 123.004ar.
4. Legal Services Clerk $ 42.00/hr.
5. Any other Deputy County Counsels utilized at the
same hourly rate charged county departments, but
in no event to exceed$ 106.00/hr.
6. Assistant County Counsels $ 133.00(hr.
B) As of October 1,2003,the above rates shall increase by 4%.
2. For reasonable costs, as follows:
A) Automobile mileage at$.345 per mile.
B) Reporter's fees,witness fees, any extraordinary postage and
long distance telephone charges, electronic research, and all filing
fees and court expenses as incurred, all at County's cost.
B. Obligations. In connection with any legal work assigned to County Counsel,
County Schools shall take reasonable steps to respond to County Counsel's
inquiries thereon and pay the County's bills as provided in Section 5.
5. BILLING AND PAYMENT. County Counsel shall submit itemized billings to County
Schools at least quarterly. County Schools shall pay the billings within 45 days of
receipt.
6. EMPLOYEE STATUS. In performing legal services for the County Schools, the County
Counsel and his staff shall be regarded as employees of County Schools for the purposes
of the'Fort Claims Act{Gov. Code § 810 et seq.; specifically, § 820 et seq. and § 825 et
7. TERMINATION. This agreement may be terminated at any time by either party, at its sole
discretion, upon 30 days'advance written notice to County Schools by the County or
upon 5 days'advance written notice to the County by County Schools.
2
S. ONGOING LITIGATION. If this Agreement is not renewed or otherwise terminated during
its term and County Counsel is representing County Schools in ongoing litigation,
County Counsel shall cooperate with the attorneys chosen by County Schools to enable
them to assume control of such litigation on behalf of County Schools.
Dated: July 23 , 2002 Dated: 2002
COUNTY OF CONTRA COSTA CONTRA COSTA COUNTY
SUPERINTENDENT OF SCHOOLS
By r ^
Chair,County Board of Supervisors Joseph A. Ovick, Ed.D
Superintendent
ATTEST:JOHN SWEETEN CONTRA COSTA COUNTY BOARD
OF EDUCATION
y q
By
BJ
DeputyPr ident, Contra Costa
Gard of Education
APPROVED AS TO FORINT:
SILVANO B. MA I2.CH SI
County Counsel
SBM/jh
1ACLERWHCOr OMM
3
Contract for Legal Services
1. PARTIES. This Agreement is entered into by and between the COUNTY OF CONTRA COSTA,
a political subdivision of the State of California(hereinafter referred to as "COUNTY"),and
the CONTRA COSTA COUNTY SUPERINTENDENT OF SCHOOLS and CONTRA COSTA COUNTY
BOARD OF EDUCATION (hereinafter both referred to as "COUNTY SCHOOLS").
2. TERM. The term of this Agreement shall be from July 1, 2002, through June 30, 2004,
unless renewed before then or terminated pursuant to Section 7.
3. COUNTY'S OBLIGATION.
A. In consideration of County Schools'promise to pay the amounts stated herein,County,
through its County Counsel,shall provide oral and written legal advice to County Schools
and represent County Schools in all administrative proceedings and litigation except.
1) Suits involving personal injury and property damage.
2) Matters involving labor negotiations.
3) Matters involving student's claims regarding
provision of special education services.
B. Matters pertaining to unfair practice charges arising under the Educational
Employment Relations Act(Gov. Code §§ 3540 et seq.) may be handled by
County Counsel, but County Schools will first consult with and obtain County
Counsel's concurrence for representation and handling of any such matters as they
may arise.
C. County Counsel shall be truthful with County Schools, cooperate with it, keep it
informed of developments,perform the obligations required by this Agreement,
and immediately notify County Schools of any discovered actual or apparent
conflicts for representation decisions.
4. COUNTY SCHOOLS' OBLIGATION.
A. Compensation. In consideration of the County's provision of these legal services
during the terra of this Agreement, the County Schools shall pay the County as
follows:
1. Hourly Rates
A) For Legal Services, effective July 1, 2002
1. Deputy Mary Ann Mason 120.00/hr.
2. Deputy Kevin T. Kerr $ 123.00/hr.
3. Deputy David F. Schmidt $ 123.00/hr.
4. Legal Services Clerk $ 42.00/hr.
5. Any other Deputy County Counsels utilized at the
same hourly rate charged county departments,but
in no event to exceed$ 106.00/hr.
6. Assistant County Counsels $ 133.00/hr,
B) As of October 1, 2003,the above rates shall increase by 4%.
2. For reasonable casts, as follows:
A) Automobile mileage at$.345 per mile.
B) Reporter's fees, witness fees, any extraordinary postage and
long distance telephone charges, electronic research, and all ding
fees and court expenses as incurred, all at County's cost.
B. Oblipations. In connection with any legal work assigned to County Counsel,
County Schools shall take reasonable steps to respond to County Counsel's
inquiries thereon and pay the County's bills as provided in Section 5.
S. BILLING AND PAYMENT. County Counsel shall submit itemized billings to County
Schools at least quarterly. County Schools shall pay the billings within 45 days of
receipt..
6. EMPLOYEE s,rATUs. In performing legal services for the County Schools, the County
Counsel and his staff shall be regarded as employees of County Schools for the purposes
of the Tort Claims Act(Gov. Code § 810 et seq.; specifically, § 820 et seq. and § 825 et
seq.).
7. TERMINATION. This agreement may be terminated at any time by either party, at its sole
discretion, upon 30 days' advance written notice to County Schools by the County or
upon 5 days' advance written notice to the County by County Schools.
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Cantractfor Legal Services
1. PARTIES. This Agreement is entered into by and between the COUNTY OF CONTRA COSTA,
a political subdivision of the State of California(hereinafter referred to as "COUNTY"),and
the CONTRA COSTA COUNTY SUPERINTENDENT OF SCHOOLS and CONTRA COSTA COUNTY
BOARD OF EDUCATION (hereinafter both referred to as "COUNTY SCHOOLS").
2. TERM. The term of this Agreement shall be from July 1, 2002, through June 30, 2004,
unless renewed before then or terminated pursuant to Section 7.
3. COUNTY'S OBLIGATION.
A. In consideration of County Schools'promise to pay the amounts stated herein,County,
through its County Counsel, shall provide oral and written legal advice to County Schools
and represent County Schools in all administrative proceedings and litigation except:
i) Suits involving personal injury and property damage.
2) Matters involving labor negotiations.
3) Matters involving student's claims regarding
provision of special education services.
B. Matters pertaining to unfair practice charges arising under the Educational
Employment Relations Act(Gov. Code §§ 3540 et seq.) may be handled by
County Counsel, but County Schools will first consult with and obtain County
Counsel's concurrence for representation and handling of any such matters as they
may arise.
C. County Counsel shall be truthful with County Schools,cooperate with it,keep it
informed of developments,perform the obligations required by this Agreement,
and immediately notify County Schools of any discovered actual or apparent
conflicts for representation decisions.
4. COUNTY SCHOOLS'OBLIGATION.
A. Compensation. In consideration of the County's provision of these legal services
during the term of this Agreement,the County Schools shall pay the County as
follows:
I. Hourly bates
A) For Legal Services; effective July 1,2002
1. Deputy Marcy Ann Mason $ 120.00thr.
2. Deputy Sevin T. Kerr $ 123.00Ihr.
3. Deputy David F. Schmidt $ 123.00/hr.
4. Legal Services Clerk $ 42.00/hr.
5. Any other Deputy County Counsels utilized at the
same hourly rate charged county departments,but
in no event to exceed$ 106.00fhr.
6. Assistant County Counsels $ 133.00lhr.
B) As of October 1, 2003,the above rates shall increase by 4%.
2. For reasonable casts, as follows:
A) Automobile mileage at$.345 per mile.
B) Reporter's fees,witness fees, any extraordinary postage and
long distance telephone charges, electronic research,and all filing
fees and court expenses as incurred, all at County's cost.
B. Obligations. In connection with any legal work assigned to County Counsel,
County Schools shall take reasonable steps to respond to County Counsel's
inquiries thereon and pay the County's bills as provided in Section 5.
S. BILLING AND PAYMENT. County Counsel shall submit itemized billings to County
Schools at least quarterly. County Schools shall pay the billings within 45 days of
receipt.
6, EMPLOYEE STATUS. In performing legal services for the County Schools,the County
Counsel and his staff shall be regarded as employees of County Schools for the purposes
of the Tort Claims Act(Gov. Code § 810 et seq., specifically, § 820 et seq. and § 825 et
seq.).
7. TERMINATION. This agreement may be terminated at any time by either party, at its sale
discretion,upon 30 days'advance written notice to County Schools by the County or
upon 5 days'advance written notice to the County by County Schools.
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8. ONGOING LITIGATION. If this Agreement is not renewed or otherwise terminated during
its term and County Counsel is representing County Schools in ongoing litigation,
County Counsel shall cooperate with the attorneys chosen by County Schools to enable
them to assume control of such litigation on behalf of County Schools.
Dated: July 23, 2002 , 2002 Dated: _
COUNTY OF CONTRA COSTA CONTRA COSTA COUNTY
SUPERINTENDENT OF SCHOOLS
By
Chair, County Board of Supervisors Joseph A. Ovick, Ed.D
Superintendent
ATTEST.JOHN SWEETEN CONTRA COSTA COUNTY BOARD
OF EDUCATION
By r P B
�,�( 3 � f� {$, f �,. /l } ,✓'.'r9 Jam.... �
Deputy (�1'r ident, Contra Costa
card of Education
APPROVED AS TO FORM:
SILVANO B. MARCH Sl
County Counsel
SBM/jh
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