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HomeMy WebLinkAboutMINUTES - 12092003 - C61-C70 s_ L Contra TO: BOARD OF SUPERVISORS •,`� = . `, -- _ Carta FROM: John Cullen, Director -- = Employment and Human Services Departme t `'°srA-�oU: � County DATE: November 18, 20103 SUBJECT: APPROVE AND AUTHORIZE the Employment and Human Services Director, or designee,to EXECUTE a grant amendment(#29-128-1) to the Metropolitan Transportation Commission grant to fund the Keeping Employment equals Your Success (KEYS)Auto Loan Program, to adjust the grant term from July 1, 2002 through June 30, 2005 to a new term of March 5, 2003 through to March 31, 2006, AND to decrease the funding amount from$383,040 to $239,400 as a result of a higher required County match from.20%to 50%. SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDED ACTIQN: APPROVE AND AUTHORIZE the Employment and Human Services Director, or designee,to EXECUTE a ant amendment #29-128-1)to the Metropolitan Transportation Commission grant to fund the Keeping Employment equals Your Success (KEYS)Auto Loan Program, to adjust the grant term from July 1, 2002 through June 30, 2005 to a new term of March 5, 2003 through to March 31, 2006, AND to decrease the funding amount from $383,040 to $239,400 as a result of a higher required County match from 20%to 50%. FINANCIAL IMPACT: Grant now requires a County match of 50% of the total 3-year program cost of$478,800, instead of the 20% required match originally anticipated. Total County match of$239,400 will come 100% from CalWORKS funds (15% County, 85%Federal) and will be allocated as follows: $113,133 in year 1 (FY 2002/03); $113,133 in year 2 (FY 2003/04 budget); and$13,134 in year 3 (FY2004/05 budget). RACKGROUND: On September 24, 2002 (Item C.30), the Board of Supervisors authorized Employment and Human Services Department(EHSD)to apply for and accept Metropolitan Transportation Commission(MTC) grant funding in the amount of$383,040 to fund the KEYS Auto Loan program. The KEYS Auto Loan program was developed by EHSD as a viable solution to some of the transportation issues of CalWORKS participants. The program targets CalWORKS participants and other low-income residents who are not able to obtain an auto loan but have clearly demonstrated a need for a personal vehicle as their only practical means of transportation. This amendment will adjust the grant period due to delays in grant agreement execution. The new term of the grant is March 5, 2003 through March 31, 2006. The required county match is also being increased from 20%to 50% of the total program cost,resulting in a lower grant amount of$239,400 instead of the original anticipated amount of$383,040. The County's match of$239,400 for the 3-year grant period will be funded by CalWORKS funds. s CONTINUED ON ATTACHMENT: Y SIGNATURE: .00# �.�COMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S):a/_.Z.4.1�1 ACTION OF BOA D O ' % f APPROVED AS RECOMMENDED VOTE OF SUPERVISORS A I 1 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 '�' 3•.. JOHN SWEETEN,CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR tact: RACon �� , - s cc: EHSD CONTRACTS UNIT(VM) ► COUNTY ADMINISTRATOR BY ,DEPUTY AUDITOR-CONTROLLER CONTRACTOR TO: BOARD OF SUPERVISORS * l/f ......L. FROM: William Walker, M.D. , Health Servi e irector Contra By: Ginger Marieiro, Contracts Administrator t Costa d b DATE: November 25 2003 \ County, . I SUBJECT: Approval of Standard Agreement #29-469-12 with the State Department of Mental Health (FY 2003-2004 Performance Contract) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDED ACTION: Approve and authorize the Health Services Director, or his designee (Donna Wigand, LCSW) to execute on behalf of the County, Standard Agreement #29-459-12 (State #03-73127-000) , with the State of California, Department of Mental Health, representing the County' s Mental Health Services "Performance Contract" for Fiscal Year 2003- 2004, as required by the Bronzan-McCorquodale Act (Mental Health Realignment Legislation) . FISCAL IMPACT: Under this Performance Contract, County shall be reimbursed by the Department of Mental Health with Federal Title XIX funds for the cost of federally eligible Short-Doyle/Medi-Cal Specialty Mental Health services rendered to federally eligible Medi-Cal beneficiaries . County shall adhere to the State maximum statewide reimbursement of negotiated rates for Short-Doyle/Medi-Cal (SD/MC) services and Medi-Cal Specialty Mental Health Services for Fiscal Year 2003-2004 . Reimbursement for Federal Grants shall be subject to Federal cost containment requirements and availability of funds . BACKGROUND/REASON(S) FOR RECOMMENDATION(S) : Approval by the Board of Supervisors of this Mental Health Services Performance Contract #29-459-12 is required for the County to retain the State and Federal Mental Health Allocation Funds for FY 2003-2004 . The Contract also covers other County Realignment requirements, including maintenance of effort, access to and use of State Hospital, data collection, and reporting, and cost reporting on County mental health programs . Three sealed/certified copies of this Board Order should be returned to the Contracts and Grants Unit for submission to the State Department of Mental Health. CONTINUED ON ATTACHMENT: Yd SIGNATUR COMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE (S): ACTION OF BOARD -2. ` _<2_42APPROVED AS RECOMMENDED VOTE OF SUPER ORS �/ 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. 9 ATTESTED JOHN SWEETEN,CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR Contact Person: Donna Wigand (957-515(0 CC: Health Services (Contracts) State Dept. of Mental Health BY `l DEPUTY TO: BOARD OF SUPERVISORS op 0 *40 0 FROM: William Walker, M.D. , Health Services Director 'to Contra By: Ginger Marieiro, Contracts Administrator ob C, Costa DATE,- November 25, 2003 County SUBJECT: Approval of Standard Agreement #29-500-8 with the State Department of Mental Health SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S) : Approve and authorize the Health Services Director, or his designee (Donna Wigand,, LCSW) to execute on behalf of the County, Standard Agreement #29-500-8 (State #03-73017-000) with the State of California, Department of Mental Health, for the period from July 1, 2003 through June 30, 2004, in an amount not to exceed $2, 206, 234 , to implement and administer Managed Mental Health Care services for Medi,-Cal eligible residents of Contra Costa County. FISCAL IMPACT: Approval of this agreement will result in a total payment limit of $2 , 206, 234 from the State Department of Mental Health, for Managed Mental Health Care services . No County funds are required. REASONS FOR RECOMMENDATIONS/BACKGROUND: On January 14, 1997, the Board adopted Resolution No 97/17, authorizing the Health Services Department ' s Mental Health Division to assume responsibility, for Fee-for Service Medi-Cal specialty mental health services . On February 5,, 2002, the Board of Supervisors approved Standard Agreement #29-500-5 with the State Department of Mental Health, for the period from July 1, 2001 through June 30, 2002 . Approval of Standard Agreement #29-500-8 will allow the County to continue to implement and administer Managed Mental Health Care services for Medi-Cal eligible residents of Contra Costa County, through June 30, 2004 . Three sealed/certified copies of this Board Order should be returned to the Contracts and Grants Unit for submission to the State Department of Mental Health. CONTINUED ON ATTACHMENT: YS'AS e." -- RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURES ACTION OF BOARD 0 0_6 APPROVED AS RECOMMENDED WE-R-` VOTE OF SUPERVISORS UNANIMOUS (ABSENT I HEREBY CERTIFY THAT THIS IS A TRUE 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 2 Ve�� a- JOHN SWEETEN,CLERK OF THE BOARD OF (957-5150) Contact Person: Dorm Wigand SUPERVISORS AND COUNTY ADMINISTRATOR CC: Health Services (Contracts) State Dept. of Mental Health By DEPUTY TO: BOARD OF SUPERVISORS ZOO)" , I FROM. 'Y { William Walker, M.D. Health Services Director -r- Contra By: Ginger Marieiro, Contracts Administrator o Y .,_ Costa DATE: N ••. _ .• ovember S? 2003 °srA. ---N- County SUBJECT: Approval of Contract #29-776-5 with Lake County SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION "COMMENDED ACTION: Approve and authorize the Health Services Director, or his designee (Milt Camhi), to execute on behalf of the County, Contract #29-776-5 with Lake County, to pay Contra Costa County a minimum amount of $81,600, for the period from January 1, 2004 through December 31, 2004, for Contra Costa Health Plan to provide Advice Nurse Services to Lake County Health Plan members. FISCAL IMPACT: For a fee the Contra Costa Health Plan will provide Advice Nurse Services to the Lake County Health Plan. The revenue generated by this Contract will be used to offset the cost of Contra Costa Health Plan's Advice Nurse services. BACKGROUND/REASON(S) FOR RECOMMENDATION(&: On December 17, 2002, the Board of Supervisors approved Contract #29-776-4 with Lake County, for the period from January 1, 2003 through December 31, 2003, for the Contra Costa Health Plan (Health Plan) to provide Lake County Health Plan members with telephone advice nurse services including: information about how to access urgent care services; authorization for mental health services; and medical advice. Approval of this Contract#29-776-5 will allow Contra Costa Health Plan to continue to provide services to Lake County through December 31, 2004. CONTINUED ON ATTACHMENT: Y SIGNATURE: _L/"RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Z�—'APPROVE OTHER SIGNATURE (S): ACTION OF BOARD N �� APPROVED AS RECOMMENDED HET VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS {ABSENT j� } 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, IA ATTESTED JOHN SWEETEN,CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR Contact Person: Mi 1 t Camhi (313-6004) CC: Lake County Health Services Department Contracts BY DEPUTY TO: BOARD OF SUPERVISORS FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR DATE: December 9, 2003 SUBJECT: 2004-2005 Environmental Enhancement and Mitigation (EEM) Program Grant Application for the Crockett Downtown Upgrade Project. Project No.: 0662-6R4122 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION 1. Recommended Action: APPROVE and AUTHORIZE the Public Works Director to submit a 2004-2005 Environmental Enhancement and Mitigation (EEM) Program grant application to California Resources Agency in the amount of $269,000 for the Crockett Downtown Upgrade Project, Crockett area. Continued on Attachment: X SIGNATURer—_-_--.�� �_�RECQMIVIENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE &.PROVE OTHER SIGNATURE S): ACTION OF BOA N ,, APPROVED AS RECOMMENDED� R VOTE OF SUPERVISORS UNANIMOUS (ABSENT L_Zr ` AYES: NOES: ABSENT: ABSTAIN: 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 WLJe date shown. G:\GrpData\TransEng\2003\BO-TE\BO for EEM Grant 2003-2004.doc Orig.Div: Public Works(TE) Contact: Steve Kowalewski(925)313-2225 cc: Public Works Accounting JOHN SWEETEN, Clerk of the Board of Supervisors and County Administrator By. Deputy ;f SUBJECT. APPROVE and AUTHORIZE the Public Works Director to submit the 2004-200 Environmental Enhancement and Mitigation (EEM) Program Grant Application for the Crockett Downtown Upgrade Project. Project No.: 0662-6R4122 DATE: December 9, 2003 PAGE: 2 II. Fiscal Impact: There will be no impact to County General fund. III. Reasons for Recommendations and Background: This grant can be used for the Crockett Downtown Upgrade Project which will restore and enhance the Crockett downtown area to attract visitors and improve the health of Crockett's businesses as described in the Downtown Master Plan. The project involves plantingtrees along g the public right of way and constructing sidewalk and curb ramp improvements. Some funding has been secured from the Tosco Return-to-Source Committee for the purpose of . p p economic development in Crockett. Additional grant funding will help fund both the design and • g construction phases of a meaningful project in Downtown Crockett. Applying for and obtaining grants allows the County to construct more improvements than would be possible without obtaining grants. III. Consequences of Negative Action: Failure to approve the submittal of this application will eliminate a potential fundingsource and possibly delay the construction of the project. TO: BOARD OF SUPERVISORS FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR DATE: December 9, 2003 SUBJECT: FY 2004/2005 Community Development Block Grant Applications Project No.: 0676-6P1028 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION t. Recommended Action: APPROVE and AUTHORIZE the Public Works Director to submit a Community Development Block Grant Application to the Community Development Department in the amount of$90,400 for Fiscal Year 2004/2005 for the North Richmond Curb Ramps Phase III, North Richmond area. (20% Local Match Funds) (District 1) Continued on Attachment: X SIGNATURE: 1K Z—��COMMENDATIION OF COUNTY ADMINISTRATOR--?'- RECOMMENDATION OF BOARD COMMITTEE :i PROVE OTHER SIGNATURE(S): A ACTION OF BOA ON APPROVED AS RECOMMENDED19+11ER I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board VOTE OF SUPERVISORS of Supervisors on the date shown. UNANIMOUS (ABSENT AYES: NOES: ABSENT: ABSTAIN: ATTESTED: JOHN SWEETEN, Clerk of the Board of Supervisors ASJe and County Administrator G:\GrpData\TransEng\2003\BO-TE\BO for CDBG Grant 04-05.doc Orig.Div:Public Works(TE) Contact: A.Schaal—Tel.313-2234 cc: J.Bueren,Deputy PWD Public Works Accounting By , Deputy r SUBJECT: FY 2004/2005 Community Development Block Grant Applications DATE: December 9, 2003 PAGE: 2 II. Financial Impact: There will be no financial impact to the General Fund. All of the projects will be funded through Community Development Block Grant Funds, Road Funds, and/or Redevelopment Agency Funds. III. Reasons for Recommendations and Background: Applying for and obtaining grants allows the County to construct more improvements than would be possible without obtaining grants. The North Richmond Curb Ramps Phase Ill project consists of installing curb ramps at intersections in the North Richmond area. The curb ramps are needed to facilitate the movement of people in wheel chairs, and mobility impaired pedestrians along the streets of North Richmond. IV. Consequences of of Negative Action: Failure to approve the submittal of these applications will eliminate a potential funding source and possibly delay the construction of the curb ramps. TO: BOARD OF SUPERVISORS '"-- 'V- Contra o'. Costa FROM: CARLOS BALTODANO, DIRECTOR •�,.6 CountyBUILDING INSPECTION DEPARTMENT °°srA ca DATE: December 2, 2003 0 &7 SUBJECT: Imaging Contract — L.R. Hines SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATIONS APPROVE and AUTHORIZE the Director of Building Inspection,or designee,to execute a contract of up to $70,000 with L.R. Hines Consulting Inc. to provide Image Management services from November 1, 2003 through October 30, 2010. FISCAL IMPACT No General Fund impact. Funding will be received from Permit Fees. BACKGROUND/REASONS FOR RECOMMENDATIONS The Building Inspection Department is in the process of upgrading its technology infrastructure. Since the late 1980's the Department has b n sing a bit CONTINUED ON ATTACHMENT: SIGNATURE _L,,�ftECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S).4- ACTION OF B OA P APPROVED AS RECOMMENDED QT-1 11 E ERN 7 VOTE OF SUPERVISORS HEREBY CERTIFY THAT THIS IS A TRUE X UNANIMOUS(ABSENT AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE ABSENT: ABSTAIN: BOARD OF SUPERVISORS ON THE DATE SHOWN. Contact: Anil Comelo 925 335-1155 ATTESTED: � �L•C�-� cc: Building Inspection John Sweeten,Clerk of the Board of Supervisors BY4 CB:nr \bdord\ Imaging Application. The Department's first system was the Target Aims System. In 1993, the Department changed to Ikon Data Image. The Department has since upgraded its Information Systems to a 32-bit Operating System (Windows NT and Windows 2000) supporting 32-bit applications. The Department has experienced problems integrating the 16-bit Imaging Application into our 32-bit Citrix environment. Staff have experienced numerous errors that resulted in down time due to re-booting the workstations and the server. Ikon Data Image has stated the best way to prevent these errors is to upgrade the Imaging environment to their 32-bit Imaging System. The Department has also experienced other flaws that the vendor has stated will be fixed in the next upgrade of their software. The vendor has informed the Department that they will discontinue the support of the version of their system that is currently installed. As a result of these issues the Department has been forced to either upgrade the current imaging software or move to another imaging system. In August 2003 The Department requested qualifications from various imaging firms, including the current vendor, and evaluated five Imaging vendors. After receiving proposals the Department began negotiations to purchase a new system (Laser Fiche), from L.R. Hines Consulting. On September 9, 2003, the Board authorized the Director of Building Inspection to execute a contract with L.R. Hines Consulting. However, a contract was not executed. During the interim period, the Department reassessed its long-term needs, and decided to initiate a new Request For Proposals. The Department's reevaluation of it's imaging needs coupled with an apparent contractual dispute between Laser Fiche and L.R. Hines, induced the Department to initiate a new RFP process The Department received seven proposals. Department Information Technology staff ranked the proposals utilizing several criteria, including compatibility with existing software, cost and ease of use. Based on the total cost, responses from each vendor's customers and technical review by department staff, the Department has decided to purchase the SIRE product from L.R. Hines. This software will allow the Department to upgrade the Imaging environment, reduce errors, improve efficiency, utilize Citrix to distribute the application to all users and have more control over the underlying database. The $70,000 cost of this project includes the installation of the software, data conversion and maintenance for seven years. LaserFiche Contract December 2,2003 Page 2 Contra Costa County i • "C'r co TO: BOARD OF SUPERVISORS Cox FROM: Dennis M. Barry, AICP Community Development Director DATE: December 9, 2003 SUBJECT: CONTRACT AMENDMENT WITH EDAW, INV FOR CONTINUING EIR CONTRACT SERVICES (Contract 4 C47995-00) SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS Authorize the Community Development Director or designee, to execute a contract amendment with EDAW, Inc., effective December 10, 2003, to increase the contract limit by$5,800 to a new payment limit of$146,944 to provide continuing EIR services for the Humphrey Property in Alamo, with no change in the term through Completion. FISCAL IMPACT The cost is covered by revenue received from application fees paid by the applicants. BACKGROUND/REASONS FOR RECOMMENDATIONS The Community Development Department has contracted with EDAW, Inc. for this EIR work. This contract amendment would allow the existing services, and additional services, to complete the Final EIR and increases the contract by$5,800 to a new total of$146,944. CONTINUED ON ATTACHMENT: SIGNATURE ��RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE (S) : " APPROVED AS RECOMMENDED ' ACTION OF BO ON - VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A UNANIMOUS (ABSENT TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ON THE ABSENT: ABSTAIN: MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. Ori g:: Judy Coons (92 5) 335-1287 ATTESTED �.�-�'�'-; ���''•--' i'� ���' �� cc: Community Development Department Carol Ramirez, Auditor-Controller JOHN SWEETEN, CLERK OF County Administrator THE BOARD OF SUPERVISORS Judy Coons (CDD) AND COUNTY ADMINISTRATOR BY r ,, ` f, DEPUTY TO: BOARD OF SUPERVISORS CONTRA COSTA FROM: John Sweeten,County Administrator •.,, ;.- COUNTY DATE: December 9,2003 • SUBJECT: State Legislative Representation SPECIFIC REQUEST(S)OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATION APPROVE and AUTHORIZE the County Administrator, or designee, to execute a contract with Nielsen, Merksamer, Parrinello, Mueller and Naylor in an amount not to exceed$120,000 annually to provide legislative advocacy services for Contra Costa County before the State of California for the period January 1, 2004 through December 31, 2005. FISCAL IMPACT Budgeted: 79%County, 21%Flood Control/Clean Water Funds. BACKGROUND/REASON(S)FOR RECOMMENDATION(S): The law firm of Nielsen,, Merksamer, Parrinello9 Mueller and Naylor ("Nielsen Merksamer") has extensive experience in the field of governmental advocacy, handling legislative, administrative and legal issues directly affecting counties. Nielsen Merksamer is recognized for its expertise in the broad area of state and county relations,particularly fiscal relationships. The State budget crisis and its impact on the County's future revenue streams and programs make it imperative that Contra Costa County's interests be represented as part of the State budgetary debate. Nielsen Merksamer has demonstrated its ability in that arena through its representation of San Diego County, Marin County and San Bernardino County. CONTINUED ON ATTACHMENT: 14 YES SIGNATURE: c� ::�--"'RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATON OARD COMMITTEE -�6�PROVE OTHER SIGNATURE ACTION OF B07 N D - 1, "ho'.<, 2 1 APPROVED AS RECOMMENDED fflr-o VOTE OF SUPERVISORS K, -)-\ I HEREBY CERTIFY THAT THIS IS A UNANIMOUS(ABSENT TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ABSENT: ABSTAIN: ON MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. Contact:Sara Hoffman,335-1090 ATTESTED din cc: CAO J0 EETEN,CLERK OF Nielsen Merksamer JO OF SUPERVISORS COUNTY ADMINISTRATOR c`'` �moi' BACKGROUND/REASON(S)FOR RECOMMENDATION(S): The attached proposal by Nielsen Merksamer on legislative advocacy provides additional detail on their experience and services. Contra Costa County will be primarily represented by Cathy Christian, assisted as by Jim Gross and with the support from other members of the firm. • CATHY CHRISTIAN is a partner experienced in government law, most recently focusing on local government issues. She will be the primary attorney responsible for the County's issues. She has represented diverse interests before the Legislature and is one of the state's leading experts on Indian gaining law. Currently, she represents Yolo, Sonoma, Marin and Tulare counties on Indian gaming issues. She is the lead legislative representative for Marin County, and in that capacity works closely with the Marin County delegation, including the office of Senate Pro Tem,John Burton. Together with Dick Martland and Steve Merksamer, she is currently representing CSAC and the League of California Cities in drafting and other legal matters related to the local government initiative. Prior to joining the firm, she served in the California Attorney General's office, where she handled civil litigation and represented the Attorney General in legislative matters. She was a senior advisor to the Attorney General on gambling and Indian law and was General Counsel to the California Horse Racing Board. She was also a Deputy Solicitor for the California Agricultural Labor Relations Board and staff counsel at Channel Counties Legal Services in Ventura County, California. She is a graduate of the University of California, Berkeley, Phi Beta Kappa, and received her law degree from Golden Gate University School of Law in San Francisco. • JAMES C. GROSS is a partner specializing in government law and the legislative process and is one of the original members of the firm's government law section. He will also be actively involved in representing the County. He specializes in health issues, state and local fiscal and tax policy, and local government issues. He is the lead advocate representing San Diego and San Bernardino Counties,and has particular expertise in fiscal issues, including the VLF,property and sales tax, and the mandates process. He is also an expert on both Medi-Cal and Healthy Families. Over the last 18 years, he has participated in the development and passage of maj or legislation affecting the delivery of health and human services in California. He is a graduate of the University of California, Davis and the University of California, Davis School of Law where he wrote and edited for the Law Review. PROPOSAL FOR STATE REPRESENTATION This proposal is presented by Nielsen, Merksamer,Parrinello, Mueller and Naylor ("Nielsen Merksamer"), a law firm with extensive experience in the field_of governmental advocacy. The firm's unique combination of legal, regulatory/administrative and legislative expertise can be of great benefit to the County. Handling legislative, administrative and legal issues directly affecting county programs,many with complex underpinnings, is a significant part of the firm's practices. In particular,Nielsen Merksamer attorneys have amassed considerable experience in presenting local government issues to the Legislature and state agencies. Indeed, a significant number of attorneys in the firm have come directly from state government itself. We propose to provide a targeted advocacy program to address the priorities established by the County. This representation includes addressing policy and budget issues before both the Legislature and executive branches,providing legal analysis and advice concerning local government issues, and assisting the County in developing a strategic program for achieving its goals. We recognize that use of firms with multiple clients represents a change from the County's previous legislative program. We know that the County will require ongoing communication and coordination with the county's executive office. We work in this capacity with numerous clients, and are confident we can coordinate with county executive staff to maximize the chances of achieving the goals of the County. I. Business Profile and Description of Services A. Proposed Internal Staffing Arrangement Nielsen Merksamer approaches all of its client responsibilities as a team. Each and every attorney in this firm is available to assist every client. Contra Costa County will be primarily represented by Cathy Christian,who will be assisted as necessary by Jim Gross. They provide the bulk of the representation for the firm's local government clients. We also anticipate utilizing the expertise of Bob Naylor, who is currently active in local government issues on behalf of a variety of clients, including the Los Angeles Metropolitan Transportation Authority. Additional legal and strategic advice will be provided, as necessary, by Steve Merksamer. In the event that the County needs additional expertise, either before the Legislature or before selected state agencies, Gene Erbin and Dick Martland are available to provide assistance. B. Description of the Law Firm Nielsen Merksamer is a law firm specializing in government and political law and related litigation. We represent approximately 70 clients in the legislative and regulatory arenas in Sacramento, including approximately 10 local government entities, "Fortune 500" companies, labor organizations, health care interests, and various associations. We have substantial experience in all aspects of the legislative process, having stewarded countless bills through the Legislature over the last 18 years. Also,we work closely with a wide variety of state agencies, -1- solving problems and acting on opportunities for our clients. As a result of the breadth and diversity of our client base,we are at the forefront of major issues ranging from health care and worker's compensation to water policy and environmental matters. Moreover, our work on behalf of these clients takes us directly into the intricacies of the budget process. Indeed, we recognize the budget process as a critically important avenue for dealing with client interests. Our firm prides itself on a thoughtful, substantive approach to lobbying,relying on our legal and strategic skills as well as the credibility we have developed over the years. Nielsen Merksamer provides both the expertise and the solid relationships necessary to bring continued and additional success. Because the firm is comprised of Democrats such as Cathy Christian, Jim Gross and Gene Erbin as well as Republicans such as Steve Merksamer and Bob Naylor, all of whom have been active in politics and government for many years,we have excellent relationships with both sides of the aisle. Our depth of experience in government law issues is also important. Because of the issues raised by our existing clients,we work with almost all of the members of the Legislature and with most of the legislative policy committees on an ongoing basis. We also have substantial experience in the budget process as it affects local government. On behalf of local entities, we have been active in the fight to protect local revenues and avoid additional mandates, and have also successfully lobbied bills concerning public safety, health and welfare,redevelopment, and other local government concerns. One of the cornerstones of our relationships with clients is our strategic development. We not only advocate for our clients directly with the Legislature,we develop a strategic legislative advocacy plan. We recognize that when we represent a county's interests before the Legislature or a state agency, it is our responsibility to communicate the total picture with respect to the unique problems of that county and its goals and concerns. We monitor all legislation introduced each year, and have the capacity to keep our clients informed on a daily basis. The firm has been successful in representing its clients in the budget process. In the last several years, we have secured funding for a variety of programs and projects, including $3 million for a fire training center, $2 million for a foster care facility,reimbursement for hazardous waste disposal costs,priority placement for hazardous materials clean-up, $3.5 million for coping with sudden oak death, state funding for HIV resistance testing, and state subventions to local government for certain immunizations. We have been able to include in budget trailer bills various provisions allowing public agencies and private interests the ability to reduce costs by restructuring their legal obligations. We have also utilized the trailer bill process to effect changes in law that otherwise would have been delayed. We have also successfully pursued allocations from state bond proceeds for a variety of conservation and environmental protection and education projects. Although in these difficult budget times we do not expect that there will be surplus state money for local governments, we believe that strategic planning may enable the County to save money or to defend funds currently allocated more efficiently. -2- C. Qualifications and Experience of Principals The following is a brief description of the relevant qualifications and experience of the Nielsen Merksamer attorneys who will undertake representation of Contra Costa County. CATHY CHRISTIAN is a partner experienced in government law, most recently focusing on local government issues. She will be the primary attorney responsible for the County's issues. She has represented diverse interests before the Legislature and is one of the state's leading experts on Indian gaming law. Currently, she represents Yolo, Sonoma, Marin and Tulare counties on Indian gaming issues. She is the lead legislative representative for Marin County, and in that capacity works closely with the Marin County delegation, including the office of Senate Pro Tem John Burton. Together with Dick Martland and Steve Merksamer, she is currently representing CSAC and the League of California Cities in drafting and other legal matters related to the local government initiative. Prior to joining the firm, she served in the California Attorney General's office,where she handled civil litigation and represented the Attorney General in legislative matters. She was a senior advisor to the Attorney General on gambling and Indian law and was General Counsel to the California Horse Racing Board. She was also a Deputy Solicitor for the California Agricultural Labor Relations Board and staff counsel at Channel Counties Legal Services in Ventura County, California. She is a graduate of the University of California, Berkeley,Phi Beta Kappa, and received her law degree from Golden Gate University School of Law in San Francisco. JAMES C. GROSS is a partner specializing in government law and the legislative process and is one of the original members of the firm's government law section. He will also be actively involved in representing the County. He specializes in health issues, state and local fiscal and tax policy, and local government issues. He is the lead advocate representing San Diego and San Bernardino Counties, and has particular expertise in fiscal issues, including the VLF,property and sales tax, and the mandates process. He is also an expert on both Medi-Cal and Healthy Families. Over the last 18 years,he has participated in the development and passage of major legislation affecting the delivery of health and human services in California. He is a graduate of the University of California, Davis and the University of California, Davis School of Law where he wrote and edited for the Law Review. ROBERT W. NAYLOR is a partner specializing in government law and legislative affairs. His knowledge of state government and the legislative process is extensive, having served in the California Legislature as a member of the Assembly for eight years, and as Assembly Minority Leader for three years. In addition to representing clients with an interest in education, social services and civil justice, he currently is the lead advocate for the Los Angeles County Metropolitan Transportation Authority and is an expert in transportation law and funding issues. He also served as chairman of the California Republican Party for two years. He is a director and past chairman of the Civil Justice Association of California and a highly respected and trusted advisor to many of the state's political figures. He is a graduate of Stanford University, Phi Beta Kappa and received his law degree from Yale Law School. -3- G' GENE ERBIN is a partner specializing in the legislative process and governmental affairs. He has written several statewide initiatives and played key roles in many other statewide initiative campaigns. He is an expert on legislative procedure and currently represents numerous business and governmental interests before the Legislature. Prior to joining the firm,he served three separate chairpersons as counsel to the Assembly Judiciary Committee for nine years. Before his tenure with the Judiciary Committee,he was lead counsel for the Center for Public Interest Law for five years. He is a graduate of Georgetown University and received his law degree from the University of San Diego School of Law. RICHARD D. MARTLAND is an expert in government law. Prior to joining the firm as of counsel,he represented the State of California as an attorney for 29 years. He served for eight years as Chief Assistant Attorney General in charge of the Civil Division, and was the Attorney General's principal legal advisor to three Governors. His areas of responsibility included general state government,business and tax,professional and vocational licensing, health and welfare, and tort and condemnation. He has also served as an Assistant Attorney General in charge of the Government Section. He is a graduate of Stanford University and received his law degree from the University of California, Boalt Hall School of Law. STEVEN A. MERKSAMER is the senior government law partner. A recognized expert in government and administrative law and the initiative process,he has also had a distinguished career in public service. He served as Chief of Staff to Governor George Deukmejian from January 1983 to May 1987. Prior to that,he was Special Assistant Attorney General of the State of California. He currently provides legal and strategic advice to a wide range of clients, including Fortune 500 Companies,business organizations, and statewide initiative campaigns. Widely quoted in state and national publications,he has also served as a key policy and political advisor to many state and national political leaders. He is an honors graduate of Claremont McKenna College, and received his law degree from the University of the Pacific, McGeorge School of Law. He is also a member of the Board of Directors of the California Chamber of Commerce,the Governor's Residence Foundation, and the Golden State Museum. II. 2004-2005 Outlook for Counties Given the tremendous difficulty the Legislature had this year in constructing and passing a budget, and the forecast of the fiscal shortfall for the next few years, it is likely the challenges facing counties in Sacramento in the next two years will be the most daunting ever. Candidly, the easiest cuts and the internal borrowing have been done. The more difficult choices must now be considered. Because counties and the state are inextricably linked, the state's budget decisions will be felt by the counties. By working together more closely and being more proactive, counties experienced relative success in 2003. Many of the county lobbyists, including Nielsen Merksamer, formed an informal working group with the Executive Director of the Urban Counties' Caucus, Casey Kaneko, which met regularly to develop and implement strategies for pursuing counties' positions before the Legislature. This process must be continued, as it will take on even more -4- significance in the next couple of years,particularly if commissions are established to consider major government restructuring options. III. Legislation Because Nielsen Merksamer represents both governmental and non-governmental clients, we have developed a comprehensive and efficient system of tracking legislation and would be responsible for that function for the Contra Costa contract. One of our first goals as the County's legislative advocates would be to establish communication and coordination between us and the county executive staff and the Board of Supervisors, as appropriate, in order to identify issues of concern to the County. Because literally hundreds of bills are introduced each year which affect county government, and because legislation is frequently amended, it is essential that the County's legislative advocate is provided up-to-the-minute information on issues affecting the County. Due to the variety of our client base, our firm reviews each and every bill when it is introduced, and tracks bills through the hearing and amendment process if they are of interest or concern. We utilize a professional service (StateNet) and have a legislative coordinator on staff to assist us in legislative tracking and review. As we track legislation,we review all amendments and the committee analyses. Because we currently represent three other counties on all issues affecting them, and because of our representation of other local government entities, we track virtually every subject matter affecting counties. Out of this process, we work with our clients to identify the areas of greatest interest so as to maximize our effectiveness. This is especially true when considering legislation which the County may wish to sponsor. While undoubtedly there will be many issues in which the County is interested, a successful legislative program depends, in part, on knowing how to conserve resources and concentrate on the areas of greatest importance. This organizational model allows us sufficient flexibility to implement the County's goals. This model also provides the County with a method of establishing accountability. We have been successful using this model with our other governmental clients, which often includes regularly scheduled phone conferences with necessary county staff,personal meetings with staff and with the Board of Supervisors whenever necessary, and written memoranda to summarize and memorialize these conversations and other important events. Further, we prepare all letters of opposition and support,based on information provided by the counties. (The exception is, of course,when the Board of Supervisors chooses to communicate directly in writing.) When bills are heard in a legislative committee, we often ask that the knowledgeable county officials accompany us to the hearing and to meetings with individual legislators, especially those legislators who represent the County. It is extremely important that the County's legislative delegation be acutely aware of the County's legislative needs. We believe Nielsen Merksamer can work effectively with the County's legislative delegation--as well as with other legislators--because of our high visibility and credibility in the Capitol and our subject matter expertise on a variety of local government -5- issues,ranging from social service and local government finance to Indian gaming and resource conservation. It is our intention to work closely with these legislators so that they can be effective proponents of the County's legislative agenda in Sacramento. In order to accomplish this,the County should identify each legislative goal as early as possible. This same process is also highly effective when establishing a budget strategy for the County. Because the Governor's budget is now being written and will be presented to the Legislature in the first weeks of January, we recommend that immediate attention be given to defining the County's budget priorities for the upcoming fiscal year, This is even more important given the new Administration's need to prepare a budget quickly. One of the issues the County should consider is how high a profile it wants to maintain in the legislative process, and how visible it wishes its advocates to be. Typically,we advise our local government clients not only to take positions on bills they support and oppose,but to be visible on those pieces of legislation of particular value or concern. We believe local governments should be as aggressive as any interest represented in the Capitol, and should not be shy about opposing bad bills. The County should defend its interests by providing direct testimony and having meetings with legislators and staff to advise them that the County will vigorously oppose bills if its concerns are not addressed adequately. (This approach worked particularly well during 2003, as we obtained amendments to or derailed numerous bills that would have imposed mandates on local government.) Because of Nielsen Merksamer's broad client base, our significant legislative experience and our legal expertise, not only are we able to be heard on issues of concern to our local government clients,but staff and members actively seek us out for input and assistance. IV. Representation of the County Before State Administrative Agencies Many of the County's policy goals can be addressed or implemented by state agencies. As you know,these agencies often control the operation of county programs and can take action beneficial or contrary to proposed county policies. Nielsen Merksamer has extensive experience with state agencies, including a familiarity with a wide array of programs administered by those agencies and the executive and program staff. As an example, for a number of years we have represented clients concerned with health and social service policy issues. We have been involved with programs such as Healthy Families, Medi-Cal, CaIWORKS, and child support collection. With respect to transportation, water and/or flood control matters and other resource issues,we have experience in representing clients before the transportation and resource agencies. By working with county staff who can articulate the County's particular concerns,we may be able to achieve solutions to these problems at the administrative level. Further,the legislative process often can be used as a mechanism for forcing administrative agencies to seek appropriate administrative, rather than legislative solutions. -6- r I V. California State Association of Counties On behalf of our existing county clients,we are very active in CSAC, and currently represent both CSAC and the League of California Cities on the proposed fiscal protection initiative. This consistent and proactive presence allows the counties we represent to successfully affect the policy priorities of CSAC. We attend the weekly caucus meetings during the legislative session and participate in CSAC-sponsored working groups. We work closely with CSAC legislative representatives responsible for various substantive areas, including revenue and taxation,health and social services and criminal and civil justice. VI. Exceptions Because of the breadth of Nielsen Merksamer's client list,there is a possibility of conflicts. This issue arises because Nielsen Merksamer is a for-profit law firm specializing in legal and governmental relations services, election,political and campaign law and certain types of litigation, and in this capacity represents many diverse clients. In undertaking representation of Contra Costa County,we will ask the County to understand that Nielsen Merksamer represents many clients whose general governmental or political objectives and philosophies are, or may in the future be, contrary to the County's. Therefore, in entering into a contractual arrangement for such services,the County will be asked to agree that Nielsen Merksamer is not prevented from providing legal services to clients whose general interests may be adverse to the County,and to expressly waive any actual or potential conflict of interest with respect thereto. However, except for the attached list of specified existing clients and issues (Attachment A),Nielsen Merksamer will not represent another client on specific projects for which CountX has engaged our firm. With respect to those specified existing clients and issues,we must obtain a waiver from the County as to any actual or potential conflict of interest and an acknowledgment that the firm may continue to represent those clients on those issues and, if a conflict arises, cease representation of the County. (Please note that we have the same arrangement with our other local government clients.) Finally, we will ask that the County waive any objection to Nielsen Merksamer advising and/or defending clients accused of violating Contra Costa County campaign, conflict of interest, or lobbying laws and/or assisting them in preparing disclosure forms required under federal, state or local laws. -7- ATTACHMENT A The following is the list of clients for which waivers would be required in order for Nielsen Merksamer to represent Contra Costa County. San Diego County Marin County San Bernardino County Altria Merck& Co. Inc. Pfizer Inc. Medco Health Solutions,Inc. Genentech, Inc. PG&E Waste Management BP AMOCO(formerly ARCO) -s- TO: BOARD OF SUPERVISORS 14000^00.0 FROM: William Walker, M.D. , Health Services Director - Contra By: Ginger Marieiro, Contracts Administrator Costa DATE: •',r•.............•c�~~ November 25 2003 C O u n ty SUBJECT: .. � J � Approval of Novation Contract #24-960-6 with Touchstone Counseling SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S) : Approve and authorize the Health Services Director, or his designee (Donna Wigand) to execute on behalf of the County, Novation Contract #24-960-6 with Touchstone Counseling, in an amount not to exceed $58 , 000, to provide mental health services for recipients of the California Welfare-to-Work (CalWORKs) Program, for the period from July 1, 2003 through June 30, 2004 . This Contract includes a six- month automatic Contract extension through December 31, 2004 , in an amount not to exceed $29, 000 . FISCAL IMPACT: This Contract is funded 1000 by State CalWORKs funds . BACKGROUND/REASON(S) FOR RECOMMENDATION(S) : In August 1997, the State of California Legislature passed Assembly Bill 1542 which brought major changes to the welfare programs previously operated by the State. Among the changes was a provision which required treatment of substance abuse and mental illnesses of Welfare-to-Work participants, when these conditions interfere with participation in Welfare-to-Work activities. Subsequently, the County' s Employment and Human Services Department and Health Services Department signed an Interdepartmental Services Agreement (#21-427) which allowed the Health Services Department to provide substance abuse and mental health services to Welfare-to-Work participants referred by the Employment and Human Services Department . On July 23 , 2002, the Board of Supervisors approved Contract #24-960-4 (as amended by Contract Amendment Agreement #24-960-5) with Touchstone Counseling, for the period from July 1, 2002 through June 30, 2003 (which included a six-month automatic extension through December 31, 2003) , to provide mental health services for recipients of the CalWORKs Program. Approval of Novation Contract #24-960-6 will replace the six-month automatic extension under the prior Contract, and allow the Contractor to continue providing services through June 30, 2004 . CONTINUED ON ATTACHMENT: Y SIGNATURE' /z4a"L� RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMEN ATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARDS APPROVED AS RECOMMENDED _ dT11E> 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 JOHN SWEETEN,CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR Contact Person: Donna Wigand, L.C.S.W. 957-5150 CC: Health Services Dept. (Contracts) Auditor-Controller Risk Management BY CJ DEPUTY Contractor Y/0- L TO: BOARD OF SUPERVISORS �•-' `''�: FROMyyy : William Walker,M.D.,Health Services Director ..�.. - :: Contra By: Ginger Marieiro, Contracts Administrator Costa DATE: November 25, 2003 County SUBJECT: Approval of Novation Contract#24-959-9 with Family Stress Center SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATIONS}: Approve and authorize the Health Services Director, or his designee (Donna Wigand) to execute on behalf of the County, Novation Contract #24-959-9 with Family Stress Center,, a non-profit corporation, in an amount not to exceed $125,000, to provide mental health services to recipients of the CalWORKs Program for the period from July 1, 2003 through June 30, 2004. This Contract includes a six-month automatic extension through December 31, 2004, in an amount not to exceed $62,500. FISCAL IMPACT: This Contract is funded 100% by State CalWORKs Funds through the Employment and Human Services Department. BACKGROUNDAREASON(S)FORRECOMMENDATI This Contract meets the social needs of County's population in that it provides individual, group and family collateral counseling, case management, and medication management services for CalWORKs participants to reduce barriers to employment. On July 23, 2002, the Board of Supervisors approved Novation Contract #24-959-8 with Family Stress Center for the period from July 1, 2002 through June 30, 2003, (which included a six-month automatic extension through December 31, 2003) for the provision of mental health services to recipients of the CalWORKs Program. Approval of Novation Contract #24-959-9 replaces the automatic extension under the prior agreement and allows the Contractor to continue providing services through June 30, 2004. .CONTINUED ON ATTACHMENT: y2t/ SIGNATURE: — ICA RECOMMENDATION OF COUNTY ADMINISTRATOR ,-----�APPROVE RECOMMENDATION OF BOARD COMMITTEE OTHER SLGNATURE(S)L.-_ ACTION OF BOARD APPROVED AS RECOMMENDED VOTE OF SUPERVISORS T_jn4<L-2!j�e4, I HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS (ABSEN AYES: NOES: AND CORRECT COPY OF AN ACTION TAKEN ABSENT: ABSTAIN: AND ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. 7 ATTESTED JOHN SWEETEN,CLERK OF THE BOARD OF Contact Person: Donna Wigand 957-5150 SUPERVISORS AND COUNTY ADMINISTRATOR CC: Health Services Dept. (Contracts) Auditor-Controller Risk Management BY DEPUTY Contractor