HomeMy WebLinkAboutMINUTES - 06242014 - C.95RECOMMENDATION(S):
1 - RESCIND the Board of Supervisors action of June 3, 2014 (Item C.146), which authorized the execution of
contracts with the cities of Richmond, Concord, Pittsburg, and Antioch for AB 109 police services.
2 - APPROVE and AUTHORIZE the County Administrator, or designee, to execute contracts with the cities of
Richmond, Concord, Pittsburg, and Antioch, including modified indemnification and insurance language, in an
aggregate amount not to exceed $522,000 to provide AB 109 police services for the period July 1, 2014 through June
30, 2015.
FISCAL IMPACT:
No fiscal impact.
BACKGROUND:
In 2011, the California Legislature passed and the Governor signed into law the Public Safety Realignment Act
(Assembly Bill 109), which transfers responsibility for supervising specific low-level inmates and parolees from the
California Department of Corrections and Rehabilitation (CDCR) to counties. Assembly Bill 109 (AB 109) took
effect on October 1, 2011 and realigns
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 06/24/2014 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYES 5 NOES ____
ABSENT ____ ABSTAIN ____
RECUSE ____
Contact: Vana Tran, 925-335-1037
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of
the Board of Supervisors on the date shown.
ATTESTED: June 24, 2014
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Chris Heck, Deputy
cc:
C. 95
To:Board of Supervisors
From:David Twa, County Administrator
Date:June 24, 2014
Contra
Costa
County
Subject:CONTRACTS FOR AB109 POLICE SERVICES WITH CITIES OF RICHMOND, CONCORD, PITTSBURG AND
ANTIOCH
BACKGROUND: (CONT'D)
three major areas of the criminal justice system. On a prospective basis, the legislation:
• Transfers the location of incarceration for lower-level offenders (specified non-violent, non-serious, non-sex
offenders) from state prison to local county jail and provides for an expanded role for post-release supervision for
these offenders;
• Transfers responsibility for post-release supervision of lower-level offenders (those released from prison after
having served a sentence for a non-violent, non-serious, and non-sex offense) from the state to the county level by
creating a new category of supervision called Post-Release Community Supervision (PRCS);
• Transfers the housing responsibility for parole and PRCS revocations to local jail custody.
AB 109 also tasked the local Community Corrections Partnership (CCP) with recommending to the County Board of
Supervisors a plan for implementing criminal justice realignment. The Board of Supervisors adopted the Contra
Costa County Realignment Plan on October 4, 2011 (Agenda Item No. D.5), as recommended by the Executive
Committee of the CCP. The Executive Committee of the CCP is composed of the County Probation Officer (Chair),
Sheriff-Coroner, a Chief of Police (represented by the Richmond Police Chief), District Attorney, Public Defender,
Presiding Judge of the Superior Court or designee (represented by the Court Director of Business Planning,
Information and Programs), and County Behavioral Health Director.
For fiscal year 2014/15, the CCP-Executive Committee approved 2014/15 AB109 Public Safety Realignment budget
at the February 14, 2014 regular meeting and submitted to the Public Protection Committee for review and approval.
On February 24, 2014, the Public Protection Committee accepted the CCP-Executive Committee's recommendations,
including the continuation of funding in the amount of $522,000 for front line police services as proposed by the
Contra Costa County Police Chief's Association.
On June 3, 2014, the Board of Supervisors approved the award of contracts with the cities of Richmond, Concord,
Antioch and Pittsburg for AB109 police services (Consent Item C-146) in the aggregate amount of $522,000 for the
period July 1, 2014 through June 30, 2015.
After the Board of Supervisors approved the award of the city police contracts, the County Administrator’s Office
continued to negotiate the terms of those contracts with the Contractors. In consultation with County Counsel and
Risk Management, the County Administrator’s Office negotiated changes to the standard indemnification language
and insurance requirements of the County’s standard General Conditions, County Form L-5, paragraphs 18 and 19,
for these contracts. The modified indemnification language recognizes that the County and the Contractor both have
obligations and responsibilities in providing services and are both responsible for their own negligence. The modified
insurance requirements allow for agencies to maintain self-insurance policies in specified amounts and requires the
County to provide evidence of insurance as well.
The County Administrator, or his designee, recommends that the Board of Supervisors RESCIND the Board of
Supervisors action of June 3, 2014 (item C-146), which authorized the execution of contracts with the cities of
Richmond, Concord, Pittsburg, and Antioch for AB 109 police services, and APPROVE and AUTHORIZE the
execution of the contracts with the cities of Richmond, Concord, Pittsburg, and Antioch, including modified
indemnification and insurance provisions.
CONSEQUENCE OF NEGATIVE ACTION:
Negative action would result in the four contracts, including modified indemnification and insurance provisions, not
being approved.
CHILDREN'S IMPACT STATEMENT:
No impact.