HomeMy WebLinkAboutMINUTES - 10072003 - C71-C77 ..........I.............................................................................................................................................I...I...11.11,111,1111,
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TO, BOARD OF SUPERVISORS 4" ti• ;I/
FROM: William Walker, M.D. , Health Services Director
By: Ginger Marieiro, Contracts Administrator Contra
osta
DATE: Septa"r 23, M County
SUBJECT: Approval of Contract Amendment Agreement #22-807-5 with
Evans/McDonough Company Incorporated
SPECIFIC REQUESTfS)OR RECOMMENDATIONtS)&BACKGROUND AND JUSTIFICATION
REC0NMEN1M10N(S) :
Approve and authorize the Health Services Director or his designee
(Lewis Pascalli, Jr. ) to execute on behalf of the County, Contract
Amendment Agreement #22-807-5 with Evans/McDonough Company
Incorporated, a corporation, effective October 1, 2003, to amend
Contract #22-807-4, to increase the Contract Payment Limit by
from $65, 000, to a new total payment limit of $105, 000 .
FISCAL IMPACT:
This Contract is funded by the incident response cost recovery for
Hazardous Materials Programs and the Emergency Medical Services
Division.
BACKGRQ=/REASON(S) EQR RECONHEIMATIM(a)
On July 15, 2003 , the Board of Supervisors approved Contract
#22-807-4 with Evans/McDonough Company Incorporated, for the period
from June 1, 2003 through May 31, 2004, to assist the Department
with the development and implementation of post-chemical surveys for
the Community Alert Network Program.
Approval of Contract Amendment Agreement #22-807-5 will allow the
Contractor to provide additional survey services, through May 31,
2004 .
CONTINUED LIQN-ATTACHMENT: YES SIGNATURE
t-'RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD?O�Ln � _' APPROVED AS RECOMMENDED
OTHER
VOTE QF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
UNANIMOUS (ABSENTlh_'_� 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 O&E BOARD OF
SUPERVISORS AND COUNTY ADMINISTRATOR
Contact Person: Lewis Pascalli (925)646-2286
CC: Health Services Dept. (Contracts)
Auditor-Controller %-ije
Risk Management By
DEPUTY
Contractor
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("IV/
TO: BOARD OF SUPERVISORS 0-301
FROM: William Walker, M.D. ,- Health Services Director
By: Ginger Marieiro, Contracts Administrator Contra
DATE: September 23, 2W3 Costa
County
SUBJECT: Approval of Contract Amendment Agreement #74-005-7 with
Phoenix Programs; Inc .
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMATION(S)
Approve and authorize the Health Services Director, or his designee
(Donna Wigand) to execute on behalf of the County, Contract
Amendment Agreement #74-005-7, with Phoenix Programs, Inc. , a
corporation, effective October 1, 2003, to amend Contract #74-005-6,
to increase the total Contract Payment Limit by $21, 800, from
$174, 013 to a new Contract Payment Limit of $195, 813 .
FISCAL IMPACT:
This Contract is funded as follows :
$174 , 523 Federal Path Grant
$ 21 , 290 Corporation for Supportive Housing
$195, 813 Total Contract Payment Limit
BAQKQRQ=/REAS0
�X(S) Fog gECQ=EN1)AX10N(S) :
On June 24, 2003, the Board of Supervisors approved Contract
#74-005-6 with Phoenix Programs, Inc . , for the period from May 1,
2003 through April 30, 2004 , for the provision of Mental Health
services to seriously and persistently mentally ill adults who are
participating in the PATH Supportive Housing Demonstration Project .
Approval of Contract Amendment Agreement #74-005-7 will allow the
Contractor to provide services to additional clients through April
30, 2004 .
CONTINUED-ONATTACHMENT' YES SIGNATURE
*�✓"RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
---k�--APPROVE OTHER
SIGNATUREfS):
ACTION OF 130ARD -L > APPROVE[)AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
UNANIMOUS (ABSENT AND CORRECT COPY OF AN ACTION TAKEN
AYES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ------__,ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
ATTESTED-6'�
JOHN SWEETEN,CLERK Off THE BOARD OF
Contact Person: Donna Wigand, L.C.S.W. 957-5150 SUPERVISORS AND COUNTY ADMINISTRATOR
A
CC: Health Services Dept. (Contracts)
Auditor-Controller
Risk Management BY
DEPUTY
Contractor
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• 2.3
TO: BOARD OF SUPERVISORS
FROM: William Walker,M.D.,Health Services DirectorContra
By: Ginger Maheiro,Contracts Administrator Costa
DATE: September 24,2003 County
SUBJECT: Approval of Contract Amendment Agreement#74-094-4 with Center for Applied Local Research
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMNEENDATIONN:
Approve and authorize the Health Services Director, or his designee (Adanna Henry) to execute on
behalf of the County, Contract Amendment Agreement #74-094-4 with Center for Applied Local
Research, a non-profit corporation, effective September 1, 2003 to amend Contract #74--094-4 to
increase the Contract payment limit by $12,500, from $50,000 to a new total of$62,500 and extend
the Contract term through March 31,2004.
FISCAL IMWACT:
This Contract 100% Federally funded by the Substance Abuse and Mental Health Services
Administration(SAMESA),Center for Substance Abuse Treatment{LSAT)Grant.
BACKGROUND/REASON(S)-FOR RECOMMENDATIONLS):
On September 17,2002 the Board of Supervisors approved Contract #74-094-3 with Center for
Applied Local Research,to provide professional evaluation services to the Department with regard to
the Substance Abuse and Mental Health Services for Women Project, including design of data
collection and client interview instruments, administering data collection and client satisfaction
surveys, and providing written evaluation reports, for the period from October 1, 2002 through
September 30,2003.
Approval of Contract Amendment Agreement #74-094-4 will allow the Contractor to continue
providing services through March 31, 2004.
CONIINUED ON AII6CHMENL-. . YES IGNATURE; -X
1�1--'RECOMMENDATION Of:COUNTY ADMINISTRATOR RECOMM DATION OF BOARD COMMITTEE
_4e_ "APPROVE OTHER
SIGNATURE(S): 414-
ACTION OF BOARD�"W,;k�l_ ?
APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
UNANIMOUS (ASSENT/2_1��P ' ) AND CORRECT COPY OF AN ACTION TAKEN
AYES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
ATTESTED
JO N SWEETEN, NTF THE 0 N SWEETEN,CLERK F THE BOARD OF
'V 4
Contact Person: Adanna Henry 313-6350 SUPERVISORS AND Co NTY ADMINISTRATOR
CC: Health Services Dept. (Contracts)
Auditor-Controller
Risk Management
Contractor By DEPUTY
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1
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on October 7, 2003, by the following vote:
AYES: sRMIstRS MIA, unMA., MMUOG, GLOM AM De-SMMM
NOES: t
ABSENT: L
ABSTAIN: NM RESOLUTION NO. 2003/'578
SUBJECT: APPROVE AMENDED CONTRA COSTA CLEAN WATER PROGRAM
AGREEMENT (2003-2010), EFFECTIVE JULY 1, 2003, BETWEEN THE
COUNTY OF CONTRA COSTA,ALL NINETEEN OF ITS INCORPORATED
CITIES, AND THE CONTRA COSTA COUNTY FLOOD CONTROL AND
WATER CONSERVATION DISTRICT.
WHEREAS, under the Federal Water Pollution Control Act, as amended in
1987, stormwater discharges from municipal separate storm sewer systems are covered
under the National Pollutant Discharge Elimination System (NPDES)permit requirements
and,
WHEREAS, in California, the NPDES permits are issued through the
California State Water Resources Control Board and its nine Regional Water Quality
Control Boards; and,
WHEREAS, the San Francisco Bay and Central Valley Regional Water
Quality Control Boards required that Contra Costa County, all nineteen of its incorporated
cities, and the Contra Costa County Flood Control & Water Conservation District (Flood
Control District) apply for and obtain joint municipal NPDES permits; and,
WHEREAS, these jurisdictions participated in permit application activities
and received original joint municipal NPDES permits from the San Francisco Bay and
Central Halley Regional Water Quality Control Boards; and,
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:JOHN SWEETEN, Clerk of the Board
of Supervisors and County Administrator
OCrOBEP 7, 2003
Deputy
Resolution No. 20031 578
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SUBJECT: APPROVE AMENDED CONTRA COSTA CLEAN WATER PROGRAM AGREEMENT(2003-
2010), EFFECTIVE JULY 1, 2003, BETWEEN THE COUNTY OF CONTRA COSTA,ALL
NINETEEN OF ITS INCORPORATED CITIES, AND THE CONTRA COSTA COUNTY
FLOOD CONTROL AND WATER CONSERVATION DISTRICT.
DATE: OCTOBER 7,2003
PAGE: 2
WHEREAS, the San Francisco Bay Regional Water Quality Control Board
approved a reissued second joint municipal NPDES permit (Permit#CAS0029912) on
July 21, 1999; and
WHEREAS, the Central Valley Regional Water Quality Control Board
approved a reissued second joint municipal NPDES permit(Permit#CA0083313)on June
16, 2000; and
WHEREAS, cooperative efforts between the Cities, County, and Flood
Control District under the joint municipal NPDES permits have minimized the costs of
the Program to all parties; and,
WHEREAS, on April 1, 1998, Contra Costa County, all nineteen of its
incorporated cities, and the Flood Control District entered into a Program Agreement
delineating Program activities, structure, membership, costs, and participation; and,
WHEREAS, the County, Cities, and Flood Control District now desire to
amend the Program Agreement to extend the term to coincide with the term of the reissued
second Joint Municipal NPDES permits.
NOW, THEREFORE, THE BOARD RESOLVES THAT:
The County will continue to participate in the implementation of the reissued
joint municipal NPDES permits and agrees to share in Program costs, provide appropriate
staff support, and provide detailed information necessary to implement the reissued
permits.
On behalf of the County,the Board approves and authorizes the Board chair
to execute the amended Contra Costa Clean Water Program Agreement (2003/2010),
substantially in the form shown in Attachment "A", which is effective July 1, 2003 and
replaces the existing Contra Costa Clean Water Program Agreement dated April 1, 1998.
The Clerk of the Board of Supervisors shall provide three signed, certified
copies of this resolution to the Contra Costa Clean Water Program Manager.
G:\GrpData\F1d0tRNP0ESkB0\80 Approve NPDES 10-7-03.doc
Resolution No. 20031578
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CONTRA COSTA CLEAN WATER
PROGRAM AGREEMENT
(2003-2010)
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Contra Costa Clean Water
Program Agreement between
The Contra Costa County Flood Control
& Water Conservation District
and Agencies named below
THIS AGREEMENT is jointly entered into by the Contra Costa County Flood
Control and Water Conservation District and the Cities of Antioch, Brentwood, Clayton,
Concord, Danville, El Cerrito, Hercules, Lafayette, Martinez, Moraga, Oakley, Orinda,
Pinole, Pittsburg, Pleasant Hill, Richmond,San Pablo,San Ramon,and Walnut Creek,and
the County of Contra Costa(sometimes individually referred to herein as"co-permittee"or
"agency"). Effective July 1, 2003, this AGREEMENT replaces the CONTRA COSTA
CLEAN WATER PROGRAM AGREEMENT(1998-2003)that the parties previously entered
into on April 1, 1998.
Recitals
A. The parties are joint holders of National Pollutant Discharge
Elimination System ("NPDES") Permits, Nos. CA0029912 and CA0093313. The cities
previously entered into individual agreements with the Contra Costa County Flood Control
and Water Conservation District ("District") for the first five-year NPDES permit (1993-
1998). The parties are completing their second joint municipal NPDES permits; and, will
be negotiating the re-issuance of theirthird joint municipal NPDES permitwhich will expire
in approximately 2010. The parties wish to extend the joint agreement throughout the
duration of the second and third joint municipal NPDES permits.
B. The parties(except the cities of Richmond and Brentwood which may
join in the future) have entered into a separate cost payment agreement regarding the
stormwater utility fee assessment financing.
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
A. Group Activities Delineation.
The Management Committee ("MC") is the decision-making body of the
Contra Costa Clean Water Program. It shall be responsible for setting policies, providing
directions and authorizing expenditures.
The second and third joint municipal NPDES permits program, and the
activities to be jointly carried out pursuant to this Agreement by the parties, shall include,
but not be limited to, the following tasks:
1. Provide the necessary administrative,technical and clerical resources
to implement all Program activities directed by the Management Committee in order to
implement the second and third joint municipal NPDES permits (1999 - 2010).
Administrative activities may include attending all Management and sub-committee
meetings, preparing committee minutes and/or summaries of committee actions.
2. Administer all consulting services contracts (technical, legal, public
relations and associated services) including the coordination, billing and monitoring of all
such activities.
3. Represent the Program at federal, state, regional and local
governmental, civic, professional and political organizations and agencies.
4. Coordinate the yearly compilation of the Annual Reports to the
appropriate Regional Water Quality Control Boards.
5. Conduct monitoring activities which may include the purchase,
installation and testing of equipment at designated sites.
6. Ensure all regulatory fees and assessments necessary to obtain and
maintain the joint municipal NPDES Permits are appropriate and, if so, paid.
7. Ensure uniform implementation of a comprehensive stormwater
management ordinance and its regulations between all co-permittees.
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8. Implement a comprehensive public education and industrial outreach
program on behalf of all co-permittees. The Program's Public Education and Industrial
Outreach Committee will be responsible for developing the original materials; and, co-
permittees shall be responsible for producing and distributing these items.
9. Participate in special studies determined by the Program,the Regional
Water Quality Control Boards, the Bay Area Stormwater Management Agencies
Association (BAS'MAA)or other appropriate entities.
10. Ensure implementation of a comprehensive program for field
inspection and investigation activities for unauthorized connections and illegal dumpings.
11. Ensure a comprehensive program for new development and
construction activities specifically focusing on soil erosion and sedimentation practices,
post-construction facilities and developing financial mechanisms needed to maintain such
facilities.
B. Termination.
Should a co--permittee want to stop participating in the group program and
terminate its obligations under this Agreement, the following conditions must be met:
1. The co-permittee shall provide written notice of its intention to
terminate its participation in the group program by no later than 5:00 p.m., December 31
prior to the commencement of the following fiscal year of which it is seeking to terminate its
obligations (July 1 - June 30).
To ensure an orderly transition, the departing co-permittee shall also
obtain written confirmation from the Regional Board's Executive Officer that an individual
NPDES Municipal Stormwater Permit will be issued to the co-permittee and provide a copy
to the Program with the notice of termination.
2. The co-permittee shall be committed to fulfill all of its financial
obligations outlined in this Agreement to the end of the fiscal year(June 30).
C. Subcommittee Structures.
The following subcommittees are hereby established, but may be changed by
the Management Committee:
1. Administrative Committee ("AC") is a sub-committee responsible for
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administration, strategic planning, personnel, budget recommendations and conflict
resolution.
2. New Development and Construction Controls Committee("NDCCC")is
a subcommittee responsible for erosion/sedimentation control measures,construction site
management practices, new development guidelines and recommended planning
procedures.
3. Public Education and Industrial Outreach Committee ("PEIO") is a
subcommittee responsible for development of materials and products, information
dissemination, technical workshops, marketing and public outreach.
4. Watershed Assessment and Monitoring Committee("WAM")is a sub-
committee responsible for baseline monitoring, special study coordination, inspection
activities, 'inspection training, volunteer monitoring and water quality analysis and
evaluations.
D. Management Committee Representatives.
1. The city/county manager, prior to August 01, 2003, shall designate
Management Committee representatives which may be by job classifications rather than
named individuals. The manager shall designate up to two(2)individuals who may vote on
behalf of their agency at any Management Committee deliberation. Each co-permittee
shall have one vote on the Management Committee. Co-permittees shall be permitted to
send substitutes to any Management Committee meeting, permitting the individual to vote
on behalf of the agency when the representative is absent. Written confirmation from the
city/county manager indicating the identity of the substitute shall be provided to the
Program prior to the meeting. The substitute's decisions shall be binding upon its agency.
2. Each Management Committee representative shall consist of an
engineering representative or designated individual responsible for directly administering
the stormwater management program for their agency.
3. Management Committee representatives shall continue for the entire
term of the Agreement unless changed by the city/county manager by providing timely
writtennotification to the Program.
4. Any decision made by the Management Committee shall be binding
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upon all co-permittees.
E. Committee Membership.
1. Each co-permittee shall have one representative on the Management
Committee and at least one representative on either the Administrative Committee,
Watershed Assessment and Monitoring Committee, New Development and Construction
Committee,or the Public'Education and Industrial Outreach Committee orothercommittee
duly created by the Management Committee.
2. Co-permittees may have membership on any subcommittees as full
voting members if approved by the Management Committee at its June meeting upon the
recommendation of the Management Committee chairperson for the following year. Each
co-permittee shall only be allowed one vote per committee. Participants at committee
meetings, other than approved co-permittees, shall not be allowed to vote on any item
under consideration.
3. Any co-permittee not designated as an approved voting member may
participate to the discussions of any subcommittee but shall not be allowed to vote on
recommendations. Co-permittees may participate on any committee.
4. Each sub-committee shall, at a minimum, consist of the following
membership:
Administrative Committee 7*
• Watershed Assessment and Monitoring 5
• New Development and Construction 5
• Public Education and Industrial
Outreach Committee 5
(*Concord,Contra Costa County and Richmond shall be permanent members
of the Administrative Committee, but shall also participate on at least one additional
subcommittee.)
5. The Management Committee chairperson and vice-chairperson shall
be chosen at the June Management Committee meeting for the following fiscal year.
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6. The Management Committee chairperson shalt be chairperson of the
Administrative Committee for one fiscal year(July 1 to June 30).
7. The Management Committee chairperson, in accordance with
established guidelines, shalt by May 31 of each fiscal year recommend, after consultation
with all co-permittees, membership on all sub-committees effective July 1 of the next fiscal
year. Recommendations shall be considered by the Management Committee at its June
meeting. Sub-committee members shall be encouraged to rotate every two years.
8. The first order of business for each sub-committee at its July meeting
is to choose a chairperson and vice chairperson for the remainder of the fiscal year and to
establish the sub-committee's work plan for the fiscal year dealing with its goals,objectives,
time lines and related items, as outlined under the Permit.
9. Attendance at all Management and sub-committee meetings shall be
published monthly. Co-permittees are expected to attend at least 80% of the meetings.
Two consecutive absences shall cause the Management or sub-committee chairperson to
request new membership from the designated co-permittee by contacting either the
Management Committee representative or the co-permittee's city/county manager.
Attendance of all committees shall be added to the Annual Report provided to the Regional
Water Quality ControlBoards.
10. The Administrative Committee shalt consist, at a minimum, of the
following membership, conditions, and shall generally follow the rotations contained in
Exhibit "A":
a) Management Committee chairperson 1**
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b) Concord, County and Richmond 3/2
c) Other co-permittees 3/4**
Total 7
d) Geographical representation will be encouraged.
e) Administrative Committee vice-chairperson shall be selected at
the first meeting in July of each fiscal year. The Management
Committee vice-chairperson does not have to be the
Administrative Committee vice-chairperson.
**(i) These designated co-permittees shall rotate annually.
(ii) These co-permittees shall meet their sub-committee
obligation by serving as designated representative for
the fiscal year(see Section E1).
(iii) Should the chairperson be from Concord,Contra Costa
County or Richmond, then the "other co permittees"
category shall be increased to four members; and the
"Concord, County and Richmond" category shall be
decreased to two members.
11. Permanent sub-committee voting membership can only be changed by
the Management Committee Chairperson following established guidelines (see following
section).
12. The selection of permanent sub-committee voting membership shall
consider the following guidelines:
a) The minimum number of members per committee(see Section
E4).
b) Balance membership from large, medium and small
jurisdictions.
c) Balance membership from geographical areas as follows:
(i) West County: EI Cerrito, Richmond, San Pablo,
Hercules, Pinole and unincorporated county.
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East County. Antioch, Brentwood, Oakley, Pittsburg,
and unincorporated county.
(iii) Central/North County: Concord, Clayton, Pleasant Hili,
Walnut Creek, Martinez, and unincorporated county.
(iv) Lamorinda/South County: Lafayette, Orinda, San
Ramon, Danville, Moraga and unincorporated county.
d) Attempt to have one sub-committee member represented on
the Administrative Committee to act as a liaison.
e) Rotation of sub-committee members shall be encouraged at
least every two years.
f) Membership shall be chosen to enhance the sub-committee's
manageability and overall effectiveness of attaining goals and
objectives.
13. A quorum for each committee or subcommittee shall consist of a
majority of its members.
F, Program Costs Participation and Allocation.
All program costs shall be allocated on population numbers annually obtained
from the State of California's Department of Finance. The population data published in
January of each year will be used to form the cost allocations of the following fiscal year.
(See Exhibit"B" for the 2003/04 Fiscal Year Allocations.)
G. Optional Services.
Additional services requested by a co-permittee and consistent with carrying
out tasks outlined in the Joint Permit may be provided by Program staff as long as it
minimally impactsProgram staffing and is approved by the Management Committee. Such
requests shall be in writing and detail tasks to be accomplished. Such services shall be
completely financed by the co-permittee.
H. Contractina.
1. All contracts shall be administered through the Flood Control District
on behalf of the Program. Other co-permittees may be permitted to contract on behalf of
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the Program upon Management Committee approval.
2. All contracts shall include a provision allowing for one or two-year
extensions based on satisfactory performance. The appropriate sub-committee shall
recommend to the Management Committee when a consultant contract should be
extended. The aforementioned contracts are for services, not products.
3. Procuring technical services shall be accomplished in the following
manner:
a) A formal Request for Proposal("RFP")shall be developed for
all required technical services detailing goals, objectives, budget, tasks and time Lines.
b) All co-permittees)will be asked if they wish to respond to the
RFP. If so,the co-permittee(s) must respond in writing to the appropriate sub-committee.
c) The sub-committee can either recommend approval of the
submitted co-permittee(s) proposal to the Management Committee,or, may send the RFP
to outside vendors and review all submittals before making a final determination to the
Management Committee.
d) The appropriate sub-committee shall be responsible for
recommending a consultant to the Management Committee.
1. Staffinsa.
1. Program staff are employees of Contra Costa County, employed on
behalf of all co-permittees constituting the Clean Water Program. The Management
Committee may contract for Program staff through another co-permittee, an institutional
arrangement(such as joint powers agreements), or consultants.
2. The County shall obtain input from the Management Committee
regarding staff evaluations, job classifications and salary ranges. The Administration
Committee shall be responsible for soliciting input from the Management Committee
members.
3. The Management Committee shall negotiate an administrative
overhead rate with any appropriate agency providing services to the Program.
4. Program staff shall provide a written record of all policies, rules and
regulations duly adopted by the Management Committee.
J. Indemnity.
Each party-to this Agreement agrees to protect, indemnify and save harmless
the other parties and their officers, officials,employees and volunteers from and against all
claims, demands and causes of action by third parties on account of personal injuries or
death or on account of property damages arising out of the work to be performed under
this Agreement and resulting from the negligent act or omission of the party, its contractors,
agents, employees or subcontractors.
., 1
Dated:' f CONTRA COSTA COUNTY
FLOOD CONTROL & WATER
CONSERVATION'DISTRICT
By:
"k—
Chair, Board of Supervisors
APPROVED AS TO FORM: ATTEST: John Sweeten, Clerk of the
Silvano B. Marchesi, County Counsel Board of Supervisors and County
Administrator
s .
s
f
By: ' By: ! ,
eputy deputy
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...................................
Dated: CITY OF ANTIOCH
By:
Its:
APPROVED AS TO FORM:
By:
Attorney
Dated: CITY OF BRENTWOOD
By:
Its:
APPROVED AS TO FORM:
By:
Attorney
Dated: CITY OF CLAYTON
By:
Its:
APPROVED AS TO FORM:
By:
Attorney
Dated: CITY OF CONCORD
By:
Its:
APPROVED AS TO FORM:
By:
Attorney
Dated: COUNTY COUNTY OF CONTRA COSTA
By.
Chair, Board of Supervj s
APPROVED AS TO FORM: ATTEST: John Sweeten, Clerk of the
Siivano'B. Marchesi, County Counsel Board of Supervisors and County
Administrator
By: AAJ By:
Deputy Deputy
Dated: TOWN OF DANVILLE
By:
Its:
APPROVED AS TO FORM:
By:
Attorney
Dated: CITY OF EL CERRITO
By:
Its:
APPROVED AS TO FORM:
By:
Attorney
Dated:' CITY OF HERCULES
By:
Its:
APPROVED AS TO FORM:
By:
Attorney
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............
Dated: CITY OF LAFAYETTE
By:
Its:
APPROVED AS TO FORM:
By:
Attorney
Dated-,: CITY OF MARTINEZ
By:
Its:
APPROVED AS TO FORM:
By:
Attorney
Dated:'' TOWN OF MORAGA
By:
Its:
APPROVED AS TO FORM:
By:
Attorney
Dated: CITY OF OAKLEY
By:
Its:
APPROVED AS TO FORM:
By:
Attorney
Dated: CITY OF ORINDA
By:
Its:
APPROVED AS TO FORM:
By:
Attorney
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Dated: CITY OF PINOLE
By:
Its:
APPROVED AS TO FORM:
By:
Attorney
Dated: CITY OF PITTSBURG
By:
Its:
APPROVED AS TO FORM:
By:
Attorney
Dated: CITY 4'F PLEASANT HILL
By:
Its:
APPROVED AS TO FORM:
By:
Attorney
Dated: CITY OF RICHMOND
By:
Its:
APPROVED AS TO FORM:
By:
Attorney
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Dated: CITY OF SAN PABLO
By:
Its:
APPROVED AS TO FORM:
By:
Attorney
Dated:' CITY OF SAN RAMON
By:
Its:
APPROVED AS TO FORM:
By:
Attorney
Dated:' CITY OF WALNUT CREED
By:
Its:
APPROVED AS TO FORM:
By:
Attorney
WP:\...\NPDES\Contracts\Galstan.agr
g:Word\...W PDES\Contracts\Galstanagr.doc
07/14/98G;\GrpData\FldCtl\swright\Contra Costa Ciean Water PrograrnTinal Program Agreement SW 2003-2010.doc
5/1103
3/6/00
09/23/98
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EXHIBIT "A"
CONTRA COSTA CLEAN WATER PROGRAM
ADMINISTRATIVE COMMITTEE*
PARTICIPATION GUIDELINE
Lar a Munki alitles
Countywide Contra Costa County X X X X X X X
Central/North County Concord X X X X X X X
West CountRichmond X X X X X X X
East County Antioch X X
Central/North County Walnut Creek X X
East County PittsburgX X
Medium Municipefides
Lamorinda/South County San Ramon X X
Lamorinda/South County Danville X
Central/North County_______ Martinez X
X
Central/North County Pleasant Hill X
West County San Pablo X
Lamorinda/South Count Lafa ette X
Small Munki alftfes
East County Brentwood X X
East County Oakle X
West County El Cerrito X X
West County Hercules X
West County Pinole X
Lamorinda/South County Orinda X X
Lamorinda/South Co"n _ Moraga X X
Central/North Count. Clayton X X
Coun lde Flood Control district X
*
Minimum of seven members per fiscal year
..............................................
• EXHIBIT "B"{tc 111 " EXHIBIT OBO)
CONTRA COSTA GLEAN WATER PROGRAM& 112 "CONTRA
COSTA CLEAN WATER PROGRAM)
GROUP COST METHODOLOGY & ALLOCATION
FOR THE 2003/04 FISCAL YEAR
ENTITY POPULATION PRORATA SHARE BUDGET
OF GROUP COSTS2 ALOCATION
ANTIOCH 95,700 9.85% $ 263,120
BRENTWOOD 29,650 3.02% $ 80,578
CLAYTON 11,000 1.12% $ 29,931
CONCORD 123,900 12.52% $ 337,131
DANVILLE 43,000 4.38% $ 117,003
EL CERRI'TO 23,500 2.39% $ 63,943
HERCULES 20,150 2.05% $ 54,828
LAFAYET`t`E 24,400 2.49% $ 56,392
MARTINEZ 36,700 3.74% $ 99,861
MORAGA 16,500 1.68% $ 44,896
OAKLEY26,1'>50 2.66% $ 71,154
ORI'NDA 17,850 1.82% $ 48,570
PINOLE 19,450 1.98% $ 52,923
PITTSBURG 59,900 6.10% $ 162,988
PLEASANT HILL 33,350 3.40% $ 90,745
RICHMOND 101,100 10.30% $ 275,093
SAN PABLO 30,9010 3.15% $ 84,079
SAN RAMON 46,250 4.71% $ 125,845
WALNUT CREEK 65,900 6.71'% $ 179,314
UNINCORPORATED' 155,200 15.81% $ 422,298
99.99% $ 2,670,793
1. Population figures based on State of California Department of Finance January 1, 2002.
2. Percentages based on prorata of population.
3. Prorata share not based on population, but as a direct financial contribution.
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L.+ 7w
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adapted this Resolution on October 7, 2003, by the following vote:
AYES: m�Emsms cion, unm%, Gomm, =m, Arm De�
NOES: J,1()W1
ABSENT: NW
ABSTAIN:N RESOLUTION NO. 2003/579
SUBJECT: APPROVE STORMWATER UTILITY AREA AGREEMENT BETWEEN
CONTRA COSTA COUNTY FLOOD CONTROL AND WATER
CONSERVATION DISTRICT AND THE COUNTY OF CONTRA COSTA
(UNINCORPORATED AREA)
WHEREAS, the County of Contra Costa, in conjunction with the Contra Costa
County Flood Control and Water Conservation District ("Flood Control District") and all
nineteen cities in Contra Costa County, has been required by the federal government and
the San Francisco Bay and Central Valley Regional Water Quality Control Boards to
participate in the development and implementation of joint municipal National Pollutant
Discharge Elimination System (NPDES) permits for stormwater discharges; and,
WHEREAS, on July 21, 1999, the San Francisco Bay Regional Water Quality
Control Board issued a second joint municipal NPDES permit for public agencies under its
jurisdiction; and,
WHEREAS, On June 16, 2000, the Central Valley Regional Water Quality Control
Board issued a second joint municipal NPDES permit for public agencies under its
jurisdiction; and,
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:JOHN SWEETEN, Clerk of the Board of
Supervisors and County Administrator
DATE: BER 7, 2003
r
B , Deputy
Resolution No. 2003/579
STORMWATER UTILITY AREA AGREEMENT BETWEEN
THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER
CONSERVATION DISTRICT AND THE COUNTY OF CONTRA COSTA
(UNINCORPORATED AREA)
This AGREEMENT, entered into on the 7th day of October, 2003, is between the County of
Contra Costa, a political subdivision of the State of California, hereinafter"COUNTY,"and
the Contra Costa County Flood Control and Water Conservation District, a special district
organized under California law, hereinafter"DISTRICT." This AGREEMENT replaces the
STORMWATER UTILITY AREA AGREEMENT BETWEEN THE CONTRA COSTA
COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND THE
COUNTY OF CONTRA COSTA that the parties previously entered into on November 16,
1999.
The parties to this AGREEMENT mutually agree and promise as follows:
1. PURPOSE AND SCOPE OF WORK: COUNTY, in conjunction with DISTRICT and
other local government entities, desires to continue participating in the development
and implementation of the Joint Municipal National Pollutant Discharge Elimination
System (NPDES) Permits for stormwater discharges issued by the San Francisco
Bay and Central Valley Regional Water Quality Control Boards(hereinafter referred
to collectively as "PERMIT"). A Management Committee, hereinafter referred to as
"COMMITTEE," has been formed to develop and implement PERMIT activities.The
PERMIT requires the collection, evaluation, and mapping of data; the preparation of
reports documenting activities to meet the federal NPDES requirements and State
of California water quality requirements.
Upon issuance of the PERMIT, COUNTY must implement the Performance
Standards identified for the unincorporated area under the COUNTY's jurisdiction.
The DISTRICT has legal authority to form Stormwater Utility Areas (SUA) along
COUNTY boundaries and levy stormwater utility assessments to fund NPDES
Program activities for and on behalf of COUNTY. At the request of COUNTY,
DISTRICT has completed the process for formation of a SUA for COUNTY territory,
including the adoption of Stormwater Utility Assessment Drainage Ordinance No.
93-47.
This AGREEMENT is to set forth COUNTY and DISTRICT responsibilities regarding
the collection, administration, distribution, and expenditure of monies derived from
stormwater utility assessments levied in COUNTY's SUA.
2. DEFINITIONS: As used in this AGREEMENT, the following terms shall have the
meanings set forth below:
Page 1 -
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"Stormwater Utility Area" or "SUX shall refer to the geographic area contained in
the incorporated or unincorporated limits of CITY/TOWN and COUNTY,
respectively.
"Stormwater Utility Assessment" shall refer to the calculated assessment for each
property having impervious surface within the Stormwater Utility Area. The amount
of assessment shall be the product of the number of Equivalent Runoff Units(ERU)
assigned to the parcel times the adopted fee amount for a single Equivalent Runoff
Unit.
"Equivalent Runoff Unit"or"ERU"shall refer to the service charge rating assigned to
each parcel within the Stormwater Utility Area based on its land use.
"Drainage System Maintenance" shall refer to all work related to maintaining and
operating the existing storm drain system, including but not limited to the following
types of activities:
■ Inspection of existing drainage facilities
• Cleaning of existing drainage facilities through the removal of vegetation and
debris
■ Repair of channel erosion and washouts
• Replacement of deteriorated pipes with new pipes of corresponding size
"System Conveyance Improvements"shall refer to the work performed in upgrading
an existing system's conveyance capacity by constructing a larger facility or to
construct a new facility where one did not exist before.
"System Pollution Control Improvements" shall refer to work performed in
constructing improvements to prevent pollutants from entering stormwaters or
removing pollutants from stormwaters.
"NPDES Activities" shall refer to all necessary actions taken to reduce, eliminate
and prevent stormwater contamination from entering waters of the U.S. as required
under the current PERMIT.
"Program Activities" shall refer to all NPDES activities delineated in the Contra
Costa Clean Water Program Agreement, Section A, funded by all co-permittee
jurisdictions and governed by the COMMITTEE.
3. ESTABLISHMENT OF ASSESSMENTS: Annually, by March 15, DISTRICT shall
estimate for COUNTY(a)the number of ERUs in COUNTYs SUA, (b)the number
of parcels to be assessed, and (c)the estimated remaining revenue for the current
fiscal year.Annually, by May 1, COUNTY shall determine the cost to be assigned to
a single ERU for the forthcoming fiscal year and shall by resolution request
DISTRICT to adopt Stormwater Utility Assessment levies based on said amount.
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DISTRICT shall prepare necessary reports, resolutions, ordinances, and public
notices to complete the public hearing process for adoption of the proposed
assessments for the next fiscal year.
4. COLLECTION OF ASSESSMENTS: The Stormwater Utility Assessments shall be
collected by the County Tax Collector with the property tax. The charge for this
service shall be subtracted from the funds.
5. FUND ADMINISTRATION: DISTRICT shall maintain a separate fund for each
Stormwater Utility Area.All administrative costs incurred by DISTRICT in operating
the Stormwater Utility Area, including maintenance of the assessment data base,
preparation of reports and documents, adjusting assessments,and reviewing data
on disbursements to COUNTY and expenditures by COUNTY,shall be borne by the
fund.
DISTRICT shall maintain accounting records for all expenditures for Program
Activities. DISTRICT shall charge COUNTY for costs of Program Activities.
DISTRICT shall calculate the proration of costs for Program Activities. DISTRICT
shall debit COUNTY's SUA fund for COUNTY's share of said costs incurred.
DISTRICT shall maintain accounting records for all debits and credits to the fund
and shall provide copies of said records to COUNTY upon request.
6. DISBURSEMENT OF FUNDS TO COUNTY: Annually, but not later than January
31, May 31, and September 10, [DISTRICT shall instruct the County Auditor-
Controller to disburse to COUNTY revenue from the fund. The amount to be
disbursed each time shall be the fund balance less the following deduction: $3,000
or two percent(2%a) of the estimated total assessment, whichever is greater.
7. COUNTY USE OF REVENUE: COUNTY agrees to expend the revenue received
from the SUA solely for NPDES Program Activities, including but not limited to
construction of System Pollution Control Improvements and Drainage System
Maintenance.
Prior to funding System Pollution Control Improvements or Drainage System
Maintenance activities that also meet the System Conveyance Improvement
definition, COUNTY will review the project with DISTRICT for agreement on the
percentage of work eligible for Stormwater Utility funding. If COUNTY and
DISTRICT do not agree, the issue will be referred to the COMMITTEE for final
determination.
8. COST ACCOUNTING/ANNUAL REPORT: COUNTY shall maintain accounting
records for all expenditures for a period of five years. Annually, on January 15,
COUNTY shall provide DISTRICT with a summary report specifying the activities
performed and the dollar amounts expended on each activity for the previous fiscal
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year. The final format of said report shall be approved by COMMITTEE and
DISTRICT.
9. INSURANCE AND HOLD HARMLESS:
A. Each party shall defend, indemnify, save and hold harmless the other party,
its governing body, officers and employees from and against any and all
claims, demands, suits, costs, expenses and liability for any damages, injury,
sickness or death arising from or related to the performance of this
AGREEMENT and due to or claimed or alleged to be due to the negligence
or willful misconduct of the indemnifying party, its officers, contractors,
consultants, agents or employees.
B. Although DISTRICT will use its best efforts to ensure that accurate data is
furnished to COUNTY, DISTRICT cannot guarantee the accuracy or
completeness of the data furnished under this AGREEMENT. Therefore,
COUNTY acknowledges that the obligation set forth in Subsection A-above
shall not apply to third patty claims demands, suits, costs, expenses and
Liability arising from or connected with the use by COUNTY of the data
furnished under this AGREEMENT, and COUNTY agrees to defend,
indemnify, save and hold harmless DISTRICT, its governing body, officers
and employees against the same, except for those acts of DISTRICT that
are grossly negligent or arise out of willful misconduct.
C. Nothing in this AGREEMENT is intended to or shall be construed to affect
the legal liability of either party to third parties by imposing any standard of
care different from that imposed by law. The provisions of this Section 9 shall
survive any termination or expiration of this AGREEMENT.
10. AGREEMENT TERMINATION: COUNTYs execution of this agreement does not
bind COUNTY in any way to continue participation in the PERMIT. COUNTY and
DISTRICT each reserve the right to terminate this AGREEMENT with 90 days
written notice, at which time a final accounting will occur. Written notification to the
following addresses by certified mail, return receipt requested, constitutes adequate
notice:
COUNTY DISTRICT
Contra Costa County Contra Costa County Flood Control &
c/o Public Works Department Water Conservation District
255 Glacier Drive c/o Public Works Department
Martinez, CA 94553 255 Glacier Drive
Martinez, CA 94553
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If either party terminates this AGREEMENT, COUNTY shall be responsible for its
prorata share of all expenses incurred up to the effective date of such termination.
COUNTY shall receive from DISTRICT all data or other information prepared by
DISTRICT for COUNTY at COUNTY's expense. DISTRICT shall be responsible for
disbursing the collected SUA revenue for the current fiscal year to the COUNTY
subject to COUNTY's compliance with Sections 7 and 8.
11. AGREEMENT MODIFICATION: This AGREEMENT shall be subject to modification
only by the written agreement of both parties. Neither party shall unreasonably
withhold its consent to the implementation and accomplishment of the overall
purpose for which this AGREEMENT is drawn.
12. AGREEMENT EXPIRATION. It is anticipated this AGREEMENT may need to be
modified, revised or amended from time to time to respond to changed conditions.
However, unless earlier terminated under Section 10 above, this AGREEMENT
shall continue in full force and effect, in perpetuity.
Page 5 -
> C
CONTRA COSTA COUNTY FLOOD COUNTY OF CONTRA COSTA
CONTROL AND WATER
CONSERVATION DISTRICT
By: BY:
C'he r,-B 0-ard of Supervisors Chair, Board of Supervisors
ATTEST: ATTEST:
John Sweeten, Clerk of the Board of John Sweeten, Clerk of the Board of
Supervisors and County Administrator Supervisors and County Administrator
B c t � �- B
Deputy Deputy
Recommended for Approval: Recommended for Approval:
Maurice Shiu Maurice Shiu
Chief Engineer Public Works Director
By: By:
Form Approved: Form Approved:
Silvano B. Marchesi Silvano B. Marchesi
County Counsel County Counsel
J
Deputy Deputy
LM
G:\GrpData\FldCtNSWUF\BO\Agreements\FY03 MCOUNTY 5UA Agmt 9.23-03.doc
" Page 6 -
TO: BOARD OF SUPERVISORS "' '`'
Costa
FROM: HEALTH SERVICES DEPARTMENT 4m,
DATE: OCTOBER 7, 2003 s,�-�-U County
SUBJECT: APPROVAL OF CONTRACT #74-163-4 WITH DELTA PERSONNEL
SERVICES, INC. (DBA GUARDIAN SECURITY AGENCY)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION(S):
Approve and authorize the Health Services Director or his designee (Donna Wigand,
L.C.S.W.) to execute on behalf of the County, Contract #74-163-4 with Delta Personnel
Services, Inc. (dba Guardian Security Agency), a Corporation, in an amount not to
exceed $109,440, for the period from July 1, 2003 through December 31, 2003, for the
provision of security guard services at the East County Mental Health Clinic and the
Antioch Child and Adolescent Mental Health Services.
FISCAL IMPACT:
100% Mental Health Realignment offset by third party revenues.
BACKGROUND/REASON(S) FOR RECOMMENDATION(S):
On December 10, 2002, the Board of Supervisors approved Contract #74-163-3 with
Delta Personnel Services, Inc. (dba Guardian Security Agency), for the period from
January 1, 2003 through June 30, 2003, for the provision of security guard services for
the Mental Health Clinic at 550 School Street in Pittsburg.
Approval of Contract #74-163-4 will allow the Contractor to continue to provide security
guard services through December 31, 2003.
CONTINUED ON ATTACHMENT: YES SIGNATU E: _
ECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION O BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
------------------------ -- _---- ------------------- -— J-------------------------------------------------------------------------------------------
ACTION OF SO D N Q 7, 20 3
APPROVE AS E MMENDED A OTHER
VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND
X UNANIMOUS(ABSENT NO N E CORRECT COPY OF AN ACTION TAKEN AND
ENTERED ON THE MINUTES OF THE BOARD
AYES: NOES:
OF SUPERVISORS ON THE DATE SHOWN
ABSENT: ABSTAIN:
ATTESTELl3C°3'OM 7, 2003
CONTACT: Donna Wigand 957-5150 JOHN SWEETEN,CLERK OF THE BOARD OF
CC: HSD Contracts
SUPERVISORS AND COUNTY ADMINISTRATOR
Auditor-Controller
Risk Management
Contractor
1
BY
EPUTY
"71
TO: BOARD OF SUPERVISORS Contra
FROM: Warren E. Rupf, Sheriff
Costa
DATE: September 24, 2003 .. County
SUBJECT: Contract for Sheriffs Rangemaster
SPECIFIC REQUEST(S)OR RECOMMENDATIONS}&BACKGROUND AND JUSTIFICATION
1. RECOMMENDATION:
APPROVE and AUTHORIZE the Sheriff, or designee, to execute a contract on behalf of the
County with John A. Montagh, in an amount not to exceed $62,400 for Rangemaster/Armorer
Instructor services for the period of October 1, 2003 through September 30, 2004.
If. FINANCIAL IMPACT:
NONE. Funding for this service is included in the Office of the Sheriffs budget.
111. BACKGROUND:
The Office of the Sheriff contracts with police agencies and with Martinez Adult School for the
use of the Sheriffs Range. These contracts depend on an on-site coordinator for the realization
of their goals. The safety of persons and property is the responsibility of the Rangemaster.
Office of the Sheriff safety personnel must train and quality with firearms on a semi-annual
basis. Each year, the Training Center schedules over 150,000 hours of firearms training.
This training occurs at the Sheriff's Range using multiple shooting ranges. When firearms
are being used simultaneously on more than one range, the services of the Rangemaster
are critical. Mr. Montagh has been a firearms instructor for the Office of the Sheriff for more
than thirteen years, is a certified armorer, and has served as Rangemaster for over six years.
IV. CONSEQUENCE OF NEGATIVE ACTION:
Failure to approve this request would lessen the Office of the Sheriff's ability to meet mandated
legal requirements for Peace Officers in regards to firearms training and would increase the
County's liability for daily activities conducted at the Sheriffs Range. Funds provided by outside
agency contracts would be reduced or lost.
CONTINUED ON ATTACHMENT: D YES SIGNATURE:
Ae
2*EC0&9&NDATION OF COUNTY ADMINISTRATOR ❑ RECOMMENDATION OF BOARD COMMbTTEE
[PROVE ❑OTHER
SIGNATURE(S):
ACTION OF BOAKDAN OCMM 7, 2003
APPROVED ECOMNIENDED ® OTHER ❑
VOTE OF SIIREMMORS- 1 HEREBY CERTIFY THAT THIS IS A TRUE AND
CORRECT COPY OF AN ACTION TAKEN AND
UNANIMOUS(ABSENT 0-�1 } ENTERED ON THE MINUTES OF THE BOARD OF
AYES: NOES: SUPERVISORS ON THE DATE SHOWN,
ABSENT: ABSTAIN: ATTESTED
OCTOBER 7, 2003
Contact: Gloria Scatter 335-1528 JOHN SWEETEN,CLERK OF THE BOARD OF
cc: Office of the SherifF
SUPERVISORS AND COUNTY ADMINISTRATOR
CAO--Justice System Administration
By: ' �' � puty