HomeMy WebLinkAboutMINUTES - 01182005 - C71-C75 t
TO: BOARD OF SUPERVISORS
Contra
FROM: William B. Walker, M.D., Director Costa
Contra Costa Healthrvi
Se ces County
DATE: January 18, 2008 �.Z; e v
7/
SUBJECT: EXTENSION OF EMERGENCY DECLARATION AND AUTHORIZATION OF THE COUNTY
HEALTH DEPARTMENT IN SUPPORT FOR NEEDLE EXCHANGE PROGRAMS
SPECIFIC REQUEST(S)OR RECOMMENDATIONS)&BACKGROUND AND JUSTIFICATION
Recommendation:
CONTINUE with the emergency action originally taken by the Board on December 14, 1999 based on the
increasing/epidemic number of AIDS/HIV and Hepatitis C cases among injection drug users in Contra Costa
County.
Background:
Continued Need for Emergency
The spread of disease,particularly HIV and Hepatitis C, through the sharing of needles continues to be a grave
concern in Contra Costa County. 30%of all people living with AIDS in Contra Costa were infected by injec-
tion drug use with the highest number of AIDS cases in Nest County. As of December 1997,Richmond had
the highest cumulative incidence of AIDS (4.8 per 1,000 population) among Contra Costa cities,with at least
50 cases. Injection drug use was the estimated mode of infection among 40%of all individuals diagnosed
with AIDS in Richmond. Among African Americans diagnosed with AIDS in Richmond between 1982-1998,
53%were most likely infected through injection drug use.
Contra Costa Health Services does not currently provide needle exchange services (it is prohibited from doing
so absent a declared public health emergency). CCHS does provide services focused on injection drug users
including: 1-HIV/AIDS Outreach and Education; 2-HIV antibody testing; 3-Substance Abuse Treatment;
4-Health on Wheels Van; and 5-Substance Abuse Counseling and Treatment for HIV-infected clients.
Exchange Works, a community-based needle exchange service currently in operation in Contra Costa cur-
rently distributes clean needles on a one-to-one basis. Their volunteer staff currently exchanges 5,000 needles
g
per weep at two sites. There are no established needle exchange programs in East or Central County.
CONTINUED ON ATTACHMENT x Yes No SIGNATURE: 0000J40 101d
RECOMMENDATION OF COUNTY ADMI I
ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE
OTHER
SIGNATURE(S):
ACTION OF BOA lie ZX51
APPROVED AS RECOMMENDED�,��O ER
VOTE OF SUPERVISOR
UNANIMOUS{ABSENT } I HEREBY CERTIFY THAT THIS IS A TRUE AND
AYES: NOES: CORRECT COPY OF AN ACTION TAKEN AND
ABSENT: ABSTAIN: ENTERED ON THE MINUTES OF THE BOARD OF
SUPERVISORS ON THE DATE SHOWN.
ATTESTED AAiWA.C"4 ZC05
Contact Person: William Walker, M.D. JOHN 14TEEtEN,CLER F THE BOARD OF
SUPfi S S AND C TY ADMINISTRATOR
cc: Health Services Department Admin. (20 Allen St.,Martinez)
Public Health Admin.(597 Center Ave.,Martinez)
DEPUTY
w
Board of Supervisors
Emergency Declaration for Support of Needle Exchange Programs Page 2
Progress Since Emergency Declaration on December 14, 1999
At the Board of Supervisors meeting on December 14, 1999, CCHS was directed to take four ac-
tions. As of January 7, 2000 the following has been completed:
• CCHS has entered into discussions with Exchange Works in West County.
• Supplies for the ongoing provision of the services have been identified.
• CCHS staff have been identified to assist with the provision of information and referrals.
• Documentation forms are being reviewed and revised as necessary to ensure that specific in-
formation is available to the Board.
• Planning for an East County process will begin later'this quarter after the preliminary
process in West County is completed.
Additional Background for Continuous Emergency Declaration for Support of Needle Ex-
change Programs(Public Health Division, AIDS Program, Contact: Christine Leivermann, 5-6786)
■ February 11, 2003 —Board Order submitted to recommend and accept"The Status of HIV
Prevention Efforts in Contra Costa County"report to the Board of Supervisors.
■ February 26, 2003 —Report submitted to the Family and Human Services Committee, "Op-
tions for Continuing Needle Exchange for HIV Prevention."
■ March 3, 2003 —Report submitted to the Family and Human Services Committee, "Needle
Exchange Follow-up Report—Strategies to Support the Non-Direct Costs of Needle Ex-
change."
■ April 16, 2003 —Report submitted to the Family and Human Services Committee, "Activi-
ties to Maintain Threshold Needle Exchange Services in Contra Costa County" (4/21/03).
■ July 28, 2003 —Report submitted to the Family and Human Services Committee, "Further
Options for Continuing Needle Exchange for HIV Prevention."
■ September 9, 2003 —Board of Supervisors accepted Health Services reports of April 16 and
July 28, and approved a one-year contract with Community Health Empowerment(CHE)to
provide needle exchange and HIV prevention services; Contract#22877 with Opportunity
West (fiscal agent for CHE); contract term 9/l/03 —8/31/04.
■ As of December 22, 2004, 27% of the 957 individuals living with AIDS in Contra Costa
County attribute their infection to injection drug use. This figure is inclusive of men who
have sex with men and also inject drugs (approximately 4%of the total). Among women
living with AIDS, 44%identify injection drug use as their mode of infection. Approxi-
mately 54% of men living with AIDS and 74%of women living with AIDS who identify
injection drug use as the cause of their infection are African American. Regionally, 38%of
people living with AIDS reside in West County, 38%in Central County and 24%in East
County.
To: BOARD OF SUPERVISORS , �f�y�� CONTRA COSTA
COUNTY
From: William B. Walker,M.D. �•�
Health Services Director 47 Z
Date: January 18,2005
Subject: Extension of Emergency Declaration Regarding Homelessness
SPECIFIC REQUEST(S)OR RECOMMENDATIONS)&BACKGROUND AND JUSTIFICATION
Recommendation:
CONTINUE with the emergency action originally taken by the Board on November 16, 1999 regarding
the issue of homelessness in Contra Costa County.
Background:
Government Code Section 8630 required that, for a body that meets weekly that the need to continue
the emergency declaration be reviewed at least every 14 days until the local emergency is terminated.
In no event is the review to take place more than 21 days after the previous review.
With the continuing inclement weather and no additional resources having been able to be placed on
line to assist in sheltering homeless individuals and families, it is appropriate for the Board to continue
the declaration of a local emergency regarding homelessness.
On November 16, 1999, the Board of Supervisors declared a local emergency, pursuant to the
provisions of Government Code Section 8630, on homelessness in Contra Costa County. This local
emergency was extended on January 18, 2005.
CONTINUED ON ATTACHMENT: NO SIGNATURE
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
_/APPROVE OTHER
SIGNATURES .
ACTION OF BO D O � i� ZDD APPROVED AS RECOMMENDED V OTF�R
VOTE OF SUPERVISORS
/ I HEREBY CERTIFY THAT THIS IS A TRUE
V UNANIMOUS (ABSENTn�r J ) AND CORRECT COPY OF AN ACTION TAKEN
AND ENTERED ON THE MINUTES OF THE BOARD
AYES: NOES: OF SUPERVISORS ON THE DATE SHOWN.
ABSENT: ABSTAIN:
Contact Person: Wendel Brunner,M.D.313-6712 elo, 112
ATTESTED w
CC: Health Services Administration JO SWEETEN,4ERKOTHE BOARD OF
Public Health Administration S RVISORS Al46 COUNTY ADMINISTRATOR
BY , DEPUTY
p 0
TO: BOARD OF SUPERVISORS -••6' -••�.� Con, ra
Mark DeSaulnier, District ` - *
FROM. Ma Costa
DATE: January 18 2005County
srA,coiiK't`;
SUBJECT: ENDORSE CONTRA COSTA CRISIS CENTER
AS 2-1-1 SERVICE PROVIDER
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS):
ENDORSE the Contra Costa Crisis Center to continue to serve as the 2-1-1 Service Provider
for Contra Costa County for an additional twelve-month period.
FISCAL IMPACT: None
BACKGROUND/REASON(S) FOR RECOMMENDATION(S):
In 2000, the Federal Communications Commission designated 211 as the universal number for
health and social services. The aftermath of the September 11, 2001 terrorist attacks revealed
how the 24-hour line can help effectively handle a crisis. At the time of the terrorist attacks,
calls to service organizations skyrocketed.
In February 2003 the California Public Utilities Commission (CPUC) approved 211 dialing in
California. On September 11, 2003 the two-year anniversary of 9/11—the Contra Costa
Crisis Center submitted the third application in the state to provide 211 services. On October
71 2003, the Board of Supervisors unanimously endorsed the Contra Costa Crisis Center as the
provider for Contra Costa County
The Public Utilities Commission approved the twelve-month authorization in February 2004. A
request will be forwarded to the CPUC in early February 2005 for a twelve-month extension of
their authorization. The Contra Costa Crisis Center is requesting the Board of Supervisors to
re-confirm their previous endorsement.
CONTINUED ON ATTACHMENT: YES SIGNATURE:
-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD O APPROVE AS RECOMMENDED OT R
VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE
AND CORRECT COPY OF AN ACTION TAKEN
UNANIMOUS(ABSENT ,, ) AND ENTERED ON THE MINUTES OF THE BOARD
OF SUPERVISORS ON THE DATE SHOWN.
AYES: NOES:
ABSENT: ABSTAIN:
ATTESTE
CONTACT: Dorothy Sansoe PHNS E ,CL K OF THE
335-1009 OARD OF S ERVISORS AND
COUNTY ADMINISTRATOR
CC: Dorothy Sansoe
BY ,DEPUTY
TO: BOARD OF SUPERVISORS .--s=---L..,o� Contra
•;' __ t
FROM: JOHN SWEETEN _:
, Costa
�; .��_ ;»
COUNTY ADMINISTRATOR o� jti► `
f
' Count
DATE: January 18, 2005 .510
-
'� cou
SUBJECT: CONTINUATION OF EMERGENCY RELATIVE TO JUVENILE HALL
ADDITION PROJECT (WH228F) 7
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS:
DETERMINE there is a need to continue with the emergency action originally taken by the Board on
November 18, 2003 on the Juvenile Hall Addition Project (WH228F).
FISCAL IMPACT:
The financial impact remains as stated to the Board on November 18, 2003.
BACKGROUND:
On 11/18/03 the Board acknowledged that an emergency exists related to the completion of the
Juvenile Hall Addition Project (WH228F) and that the emergency will not permit a delay resulting
from competitive re-solicitation of bids, and delegated to the County Administrator, or designee,
the authority to proceed in the most expeditious manner to complete the project and to enter into
one or more contracts therefor, without the need to re-solicit competitive bids.
CONTINUED ON ATTACHMENT: YES SIGNATURE:
----------
_ �,,RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMIT ATION OF BOARD COM EE
_ ,A"PROVE OTHER
r
SIGNATURE(S):
BOARD O-------------- ----- .--------------------------- ---------------------------f-------------------------------------------------------------------ACTION OF
1112
APPROVE AS RECOMMENDED `/ OT ER
VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE
AND CORRECT COPY OF AN ACTION TAKEN
UNANIMOUS(ABSENT
11.0� ) AND ENTERED ON THE MINUTES OF THE
BOARD OF SUPERVISORS ON THE DATE
AYES: NOES: SHOWN.
ABSENT: ABSTAIN:
ATTESTE
CONTACT: JOH?NTY
TENZMINI
CLER F T14E OARD OF SUPERVISORS
AND BATOR
CC: County Administrator
County Probation Officer
County Counsel
URS—Mark Gaul(via CAO) •
BY ,DEPUTY
TO: BOARD OF SUPERVISORS
.t•• _ �� CONTRA
FROM: BARTON J. GILBERT, DIRECTOR OF GENERAL SERVICES ° ...._d
COSTA
DATE: JANUARY 18, 2005 �°��A'�•---��";.
COUNTY
SUBJECT: CONTINUATION OF EMERGENCY ACTION To FACILITATE
75-
COMPLETION OF THE CONTRA COSTA COUNTY ANIMAL M
SERVICES FACILITY PROJECT AT 4800* IMHOFF PLACE,
MARTINEZ (WH415F)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION
DETERMINE that there is a need to continue the emergency action taken by the Board on April 5,
2004 pursuant to Public Contract Code Sections 22035 and 22050 to complete the Contra Costa
County Animal Services Facility at 4800 Imhoff Place, Martinez for the Animal Services Department.
FINANCIAL IMPACT
Costs will be covered by funds deducted from the contract balance for the remaining work. To the
extent that the contract funds are not sufficient to cover all expenses, the County presumably will be
able to recover the additional amount from the contractor, Dennis J. Amoroso Construction Co., Inc.
("DJA") and/or their surety, Travelers Casualty and Surety Company of America ("Travelers").
BACKGROUND
1. On July 9, 2002, the Board awarded the construction contract for the Contra Costa County
Animal Services Facility, located at 4800 Imhoff Place, Martinez, to DJA of San Rafael,
California. The contract required completion within 430 calendar days from the starting date.
On July 24, 2002 a notice to proceed was issued with a starting date of August 5, 2002 and a
contract completion date of October 9, 2003.
2. DJA has not performed in a timely manner and has failed to comply with the scheduling and
completion requirements of the contract. As a result of DJA's performance delays, the project
presently is over five months late and only about 77% complete.
3. The County repeatedly has notified DJA and Travelers orally and in writing about the lack of
progress and concerns with the project schedule. For an extended period of time, DJA and its
subcontractors have failed to supply sufficient materials and workers to complete the project,
and DJA has failed to comply with the scheduling and completion requirements of the contract,
as documented by the following:
CONTINUED ON ATTACHMENT: X YES SIGNAT
ECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION MITTEE
ROVE OTHER
SIGNATURES
ACTION OF BOA O APPROVED AS RECOMMENDED OT ER
VOTE OF SUPERVISORS
V/ UNANIMOUS(ABSENT }
AYES: NOES:
ABSENTS: ABSTAIN:
MEDIA CONTACT:BARTON J.GILBERT(313-7100)
Originating Dept.:General Services Department
!HEREBY CERTIFY THAT THIS I5 A TRUE
cc: General Services Department
CaCapital Projects Management Division AND CORRECT COPY OF AN ACTION TAKEN
P 1 9 AND ENTERED ON THE MINUTES OF THE BOARD
Accounting OF SUPERVISORS ON THE DATE SHOWN.
CPM File: 250-0003/C.1.1 J -7,0�
250-0003/A.5 ATTESTED
County Administrator's Office tOUNTY
N,CL K OF TAE ARD OF SUPERVISORS
County Counsel
DMI I TRATOR
Auditor Controller
Animal Services Department(via CPM)
BY ,DEPUTY
H:1200012500003100L003331 b.doc Page 1 of 3 M382(10/88)
CONTINUATION OF EMERGENCY ACTION TO January 18, 2005
FACILITATE COMPLETION OF THE CONTRA COSTA-
COUNTY ANIMAL SERVICES FACILITY PROJECT AT
4800 IMHOFF PLACE, MARTINEZ
September 16, 2003 letter to DJA: Letter requested that DJA take all measures (manpower,
scheduling, material procurement, etc.) necessary to prosecute the work in a diligent manner
and regain lost time. I
October 9, 2003 letter to DJA: Letter notified DJA that the project was substantially behind
schedule and that no firm completion date had been established by DJA, requested that DJA
provide a recovery plan, and warned DJA that the County reserved its right to assess liquidated
damages for delays.
November 3. 2003 letter to DJA: Letter notified DJA that, due to financial, scheduling, and other
problems under DJA's control, the project was significantly behind schedule and that
subcontractors were not performing and reminded DJA of the continuing costs to County
operations, including existing lease payment obligations and administrative costs.
December 22, 2003 letter to DJA: Letter informed DJA that the County had not received an
approved schedule from DJA.
Despite the above notices, DJA has failed to take appropriate action to supply sufficient labor
and materials to the project, to provide updated schedules, or to comply with the scheduling and
completion requirements of the contract. These defaults continue up to the present.
4. Since August 2003, DJA generally has failed to pay bills for labor and materials on the project.
As a result, over 26 stop notices totaling more than $1.7 million have been filed on the project.
Other subcontractors/suppliers have indicated that they also have not been paid and will be filing
stop notices. The numerous stop notices have interfered with the project funding and have
made it difficult for the County to arrange payment to necessary subcontractors and suppliers.
In addition, over the past six months, many subcontractors and suppliers have slowed or cut off
the supply of labor and materials to the project, causing the work on the project to progress
erratically and at a slow pace. DJA and Travelers have failed to take effective action to release
the stop notices or to deal with the serious financial problems.
5. On January 14, 2004, the County received a letter from Travelers demanding that the County
release no further contract funds, including retention, without Travelers' advance, written
consent. The notice had the effect of freezing all payments on the project, including those to
necessary subcontractors and suppliers. In addition, on February 27, 2004, the County received
a writ of attachment from Travelers attempting to take possession of all contract funds.
6. On January 21, January 30, February 6, February 25, and March 16, 2004, the County sent
letters or email messages to Travelers demanding that Travelers take prompt action to pay
critical subcontractors and suppliers, to restore funding to the project, and to provide a qualified
replacement contractor to complete the remaining contract work. On March 17, 2004, the
County received a letter from DJA advising that DJA had no objection to Travelers providing a
replacement contractor and had urged Travelers to take that action with the County's project.
Despite the numerous demands to Travelers, Travelers has failed to take any meaningful action
except the one-time issuance of checks to nine subcontractors and suppliers.
7. On March 15, 2004, the County gave a written, ten-day notice to DJA and Travelers pursuant to
the contract provisions. The notice listed five defaults, including the ones described above,
demanded that DJA correct the defaults by March 25, 2004, and warned that DJA was in
material default under the contract and that failure to timely correct the defaults would lead to
termination of DJA's contract rights. Despite the notice, DJA and Travelers failed to correct the
defaults by the March 25 deadline and continue in their failure to supply sufficient labor,
materials, and funding to complete the project.
H:1200012500003100L003331 b.doc LDR:tb Page 2 of 3 M382(10/88)
CONTINUATION OF EMERGENCY ACTION TO January 18, 2005
FACILITATE COMPLETION OF THE CONTRA COSTA
COUNTY ANIMAL SERVICES FACILITY PROJECT AT
4800 IMHOFF PLACE, MARTINEZ
8. The above-described defaults affect the entire project and present a potential threat to the
animals presently housed in the existing Martinez Animal Shelter. Given the seriousness of the
defaults and DJA's repeated failure to take timely action to deal with them, it was recommended
that the Board declare DJA in material breach under its construction contract and terminate
DJA's rights under the contract. It was also recommended that the Board authorize County
Counsel to pursue appropriate legal action, including the negotiation and execution of a takeover
agreement or similar agreement with Travelers and the filing and prosecution of lawsuits against
DJA, Travelers, and any other responsible parties.
9. The existing Martinez Animal Shelter is obsolete and subject to overcrowding, and it was
essential that the new facility be complete and occupied as soon as possible. To deal with this
imminent threat to public safety and welfare, and to minimize the adverse impact of extended
rent and possible rent increases for the existing Martinez Animal Shelter, it was recommended
that the Board delegate to the General Services Director or his designee the authority to respond
to the emergency by proceeding with the project in the most expeditious manner possible,
without the need to re-solicit competitive bids.
10. Consequently, on April 6, 2004 (Agenda Item C.105), the Board 1) found that an emergency
exists, 2) delegated authority to the General Services Director to proceed in the most
expeditious manner to complete the project at 4800 Imhoff Place, Martinez for the Animal
Services Department and enter into one or more contracts therefore, and 3) directed the General
Services Director to make reports to enable the Board to review the emergency actions and to
determine that there is a need to continue the action.
11. The Takeover Agreement between the County and the Surety (Travelers) was executed on
August 6, 2004. A Notice to Proceed was issued by Travelers through their agent, Sage
Associates, to Robert L. Brown Construction of Martinez. Robert L. Brown and Travelers have
executed a Completion Contract with the completion of the work now assigned to Robert L.
Brown. The Surety had agreed to complete the remaining work no later than December 20,
2004. However, because the Surety did not secure the necessary subcontractors and execute
their contracts in a timely manner, project completion has been delayed until February 28, 2005.
12. The condition that the Board found to be an emergency on April 6, 2004 continues to exist.
Therefore, it is necessary to continue the emergency action previously taken by the Board so
that the work can be completed in the shortest time possible.
H:\2000\2500003\00L003331b.doc LDR:tb Page 3 of 3 M382(10/88)