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Home My WebLink AboutMINUTES - 04231991 - 1.75 TO: BOARD OF SUPERVISORS 1-075 Contra FROM: PHIL BATCHELOR C Cost County Administrator o s Jt` DATE: April 11, 1991. �a � '�'� County TTA,c n�•cT SUBJECT: CONTRACT AMENDMENT WITH CONTRA COSTA COUNTY .BAR ASSOCIATION FOR PROVISION OF CONFLICT DEFENSE SERVICE Specific Request(s) or Recommendations(s) & Background & Justification RECOMMENDATIONS: I. Accept report from the County Administrator on the status of the Contra Costa County Bar Association's Conflict Defense Program. 2. Authorize the County Administrator or his designee to execute ' a contract amendment with the Contra Costa County Bar Association (Contract #3167100) for conflict defense services, increasing the payment limit up to a maximum of $2,989,947 for the period July 1, 1990 to June 30, 1991 and approve appropriation adjustment (AP00 5228) transferring already budgeted funds to effect this action. FINANCIAL IMPACT- There is no financial impact beyond that already planned for and budgeted in the FY 1990/91 budget. In June of 1990, before the budget was adopted, we conservatively estimated a payment limit for FY 1990/91 of $2,500,000 in order to proceed with the contract. It was anticipated at that time that the payment limit would be increased. In the approved FY 1990/91 budget, there is $2,989,947 already budgeted for conflict defense services. The increase in the payment limit of this contract does not require additional funds to be appropriated and means that the conflict defense program will end the fiscal year within budget. REASONS FOR RECOMMENDATION BACKGROUND: In accordance with the direction of your Board, the County Administrator's Office has discussed with the Contra Costa County Bar Association various cost saving methods. We are pleased to report that progress has been made in controlling costs in this program. 1. The Bar Association has agreed to maintain the current fee schedule in effect for another fiscal year, i.e. , through the life of the contract, June 30, 1992. According to the terms of the contract, the Bar Association has approval to implement a fee schedule for FY 1991/92 that would increase costs by 4.5 percent. The Bar Association is waiving that increase. CONTINUED ON ATTACHMENT: X YES Signature: X Recommendation of County Administrator Recommendation of Board Committee X Approve Other Signature(s).- Action of Board on: APR 2 3 MI Approved as Recommended _ X Other Vote of Supervisors: I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN Unanimous (Absent ) AND ENTERED ON THE MINUTES OF THE Ayes: Noes: BOARD OF SUPERVISORS ON DATE SHOWN. Absent: Abstain- Attested: APR 2 3 NJ cc: CAO-Justice System Programs Phil Batchelor, Clerk of Contra Costa County Bar Association the Board of Supervisors Auditor-Controller / and County Administrator By: DEPUTY C ntract Amendment - Contra Costa County Bar Association Page 2 - April ll, 1991 2. This Office is exploring in conjunction with the Superior Court and the Public Defender's Office alternative ways of handling W&I Code 300 cases (dependency cases) . This has been the fastest growing area of increase in conflict costs over the past three years. In FY 1987/88, the conflict program handled 273 of these cases at a cost of $160,099. It is estimated that in the current fiscal year, there will be 638 cases at a cost of $514,564--increases of 234% and 321% respectively. In addition, the Public Defender's Office . currently spends $300,000 on such cases. With the approval of the juvenile court, the study is exploring whether or not there are more cost effective options in handling these cases, both conflict and public defender cases. 3. In prior discussions with the Superior Court and the Bar Association, it was suggested that perhaps some economies could be achieved in capital cases (those with possibility of death penalty) if there were judicial review of costs. While this does not require that such cases be removed from the Bar's contract, it does require a change in the procedure in paying for such cases. The Bar Association is currently reviewing its procedures in order to work out a system of judicial review with the .Court. 4. The Bar Association is working with the Bay Municipal Court judges to determine if a misdemeanor attorney program can be implemented which would minimize the number of appearances of attorneys. The Bar Association has made an active effort this past fiscal year to control costs in this program. It is now anticipated that the Bar Association's conflict defense program will end the fiscal year within the budget established for this program. In the FY 1990/91 County budget, the amount of $2,989,947 is appropriated for these services. This amount will not be exceeded and no additional funds will be required for this program. AUDITOR-CONTROLLER Y CONTRA COSTA COUNTY FINAL APPROVAL NEEDED BY: APPROPRIATION ADJUSTMENT BOARD OF SUPERVISORS T/C 27 COUNTY ADMINISTRATOR Accouxr CODING BUDGET UNIT: JUSTICE SYSTEM PROGRAMS (0325)/CONFLI.CT DEFENSE SERVICES (0248) ORGANIZATION EXPENDITURE SUB-ACCOUNT EXPENDITURE ACCOUNT DESCRIPTION CECREASE INCREASE X39, 9417 '00 100 3260 3580 Contributions to other Agencies 1 I , 39 917I 0248 2313 Outside Attorney Fees 1 z 39,96 1 I I 1 I I 1 1 I I I I • I I 1 I 1 I ( 1 1 1 I I I I I I I I I I I I 1 TOTALS 0 ( '25dbfl I .Y7 APPROVED EXPLANATION OF REQUEST AUDITOR-CONTROLLER Transfer funds to conflict defense budget 0248 to By: Date g-2ff �j Provide budgeted funds for Bar Association contract and related conflict defense services. .COUNTY ADMINISTRATOR By: Date BOARD OF SUPERVISORS YES: Supervisors Revs, Fanden, 8ctuoder,Weak,Tartakson NO: lt ►K �Otit�wb Phil Batchelor, Clerk of the Board of � Supervisors and County Administrator Director, Justice 129A, e� System Programs 3/19/91 f APR 23JKJ TITLE DATE By: Date APPROPRIATI04 A-POO ADJ. 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