HomeMy WebLinkAboutMINUTES - 05051998 - C51-C55 _....._. ....._... ......... .....__.. ......_..
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Contra
TO: BOARD OF SUPERVISORS v� } Costa
FROM: DENNIS M. BARRY, AICP County
COMMUNITY DEVELOPMENT DIRECTOR
DATE: MAY 5, 1998 R
SUBJECT: AUTHORIZE GMEDA DIRECTOR TO ENTER A CONTRACT TO PROVIDE COMPOST WORKSHOPS
IN THE VARIOUS PORTIONS OF THE UNINCORPORATED COUNTY'
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) &.BACKGROUND AND JUSTIFICATION
REC MMENDATIONS:
AUTHORIZE the Director of Growth Management & Economic Development Agency (GMEDA)
or his designee to sign the "Agreement for the Professional Consulting Services of Todd Sutton
and EBC &Associates for Home Composting Workshops
FINANCIAL IMPACT
None to the County General Fund. Cost of services is paid out of Solid Waste Franchise Fees.
BACKGROUNDIREASONS FOR RECOMMENDATIONS
The Cities of Antioch, Concord, Pittsburg, Martinez and Pleasant Hill and the County have
contracted with Todd Sutton and EBC & Associates in past years to provide for Home
Composting Workshops. The workshop provides instruction on how to make, maintain and
harvest a compost pile.
The five workshops this year will include locations in unincorporated west and east county. The
cost of each workshop is $175 with a total cost of $875. The County and each city will provide
funds to the City of Pleasant Hill which will then process payments to the consultant.
The County provides staff and publicity for the workshops and makes compost bins available
at discounted prices. Members of the consortium are able to obtain slightly lower than normal
prices based' on the larger quantity purchases made possible by purchasing as a group.
Additionally, free backyard composting books are given to workshop participants.
CONTINUED ON ATTACHMENT: YES SIGNATURE: ,
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMEOXiION'OF BOARD COMMI E
-XAPPROVE OTHER
SIGNATURE(S):
/174'. s�
ACTION OF BOARD ON WIRt APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
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.
Contact: Deidra Dingman(510)335-1224 ,
cc: Community Development Department(CDD) ATTESTED
PHIL BATCHELOR,CLERK OF THE
BOARD OF SUPERVISORS AND
COUNTY ADMINISTRATOR
ao:aa BY: F I °`
4 s i� { A �Q , DEPUTY
JAGROUPS \FAARVIC0MP08'F\C0MP08T.880 J f
,r
AGREEMENT FOR THE PROFESSIONAL
CONSULTING SERVICES OF TODD SUTTON
AND EBC; & ASSOCIATES FOR
HOME COMPOSTING WORKSHOPS
PROFESSIONAL SERVICES AGREEMENT, made this.,..ist day ofM rte= 1998,
between the City of Antioch ("Antioch"),the City of Concord("Concord"),the City of Pittsburg
("Pittsburg"), the City of Martinez ("Martinez"), the City of Pleasant Hill ("Pleasant Hill"),
Contra Orta County("County),and Todd Sutton and BBC&Associates Moonsultants'),P.O.
Box 103, Martinez, CA 94553.
Antioch,Concord,Pittsburg,Martinez,Pleasant hilt,and the County("the C i,entC)and the
Consultants agree:
SECTION 1. PURPOSE OF AGREEMENT. The Clients desire to seek professional
services for purposes of presenting a series of workshops on backyard composting.
SEC ON 2. SCOPE OF SERVICES TO BE PROVIDED BY CONSULTANTS.
A. The services provided by Consultants shall include: developing a curriculum for a series
of workshops on backyard composting,conducting a series of workshops on backyard composting
and developing informational handouts to be distributed to workshop participants as stated in the
proposal incorporated herein by reference and attached hereto as Attachment "A." The
Consultants shall undertake and prosecute the work diligently to conclusion, using that standard
of care, skill and diligence normally provided by a professional person in the performance of
such consulting services in respect to work similar to that hereunder. The Consultants shall not
lessen the scope of work without the prior written approval from the Clients.
B. The Consultants shall:
1. Commence work immediately after Consultants' receipt of a written notice to proceed
from the Clients.
2. The Consultants shall perform any and all work needed to complete the services
outlined in the attached Proposal (Attachment "A") to the satisfaction'of the Clients.
3. The Consultants shall complete the words described in Section 2.A by .`December of
1998 or as soon thereafter as agreed to by Clients and Consultants. A schedule of
workshop dimes is shown in Attachment "B" The dates may be modified at any time
by joint agreement between the Clients and Consultants; however,the total number of
workshops and the number of workshops per Client shall remain the same (Sections
10 and 11 not withstanding).
SECMN 3. PERFORMANCE BY CLIENTS. Each Client shall promote and advertise
the workshops to be held within its jurisdiction,accept reservations for said workshops,provide
a suitable puce for said workshops and print the informational handouts prepared by Consultants
for said workshops. A staff person jointly representing the rents will be in attendance at each
workshop for questions and assistance as needed.
SEMON 4. COLL,EMON OF DATA. Except as specifically outlined in the attached
Proposal (Attachment "A"), the Clients will not perrform analysis, collect or gather any
information not presently in the Clients'possession,or provide materials for the workshops. The
veracity, accuracy and sufficiency of any and all information provided by the Consultants shall
be the responsibility of the Consultants and not the Clients. The Consultants will provide master
copies of the informational handouts to the Clients for purposes of making handouts for the
workshops. The Clients shall have final decision-malting authority over the content and format
of any of the workshops.
SECTION S. SUB-CONTRACTORS.
A. The Consultants shall act as an independent contractor in providing the services described
in this Agreement. The Consultants shall furnish their services in their own manner and method
and in no respect be considered an agent or employee of the Clients.
B. None of the services covered by anis Agreement shall be sub-contracted without the prior
written consent of the Clients. The Consultants shall be fully responsible to the Clients for the
acts and omissions of his sub-contractors, and of persons either directly or indirectly employed
by them, as he is for the acts and omissions of persons directly employed by him. The
Consultants shall incorporate this Agreement into all sub-contractor agreements so as to hind the
sub-contractor to the same type and level of performance as is required herein of the Consultants.
C. Nothing in this Agreement shall create any contractual relationship between Clients and
subcontractor nor shall it create any obligation on the part of the Clients to pay or to see to the
payment of any monies due to any such subcontractor other than as otherwise is rcequited by law.
SECTION 6. ADDITIONAL SERVICES. In addition to the ongoing services described
horem, the Clients may agree in writing during the term of this Agreement,that the Consultants
shall perform additional services found to be necessary. Such additional servicu shag not be
undertaken by the Consultants until there is an agreement between the Clients and the
Consultants as to the scope of the services and the cost to perform said servicers, and the
Consultants have received written authorization to proceed from the Clients.
SECTION 7. PAYMENT.
A. In consideration of the Consultants' performance of the work under this Agreement, the
Clients shall pay the Consultants in installments after the completion of the workshops in the
amount of $175 per workshop. The Consultants shall submit a maximum of one invoice per
month to Pleasant Bill for payment. Provided that Pleasant dill has received suitable verification
that the workshops were performed in accordance with this Agreement,Pleasant Hill will process
payment within 30 days of receiving the invoices. Total compensation for services provided by
Consultants under this Agreement shall not axed $4,200.
2
B. Upon execution of this Agreement by the; Clients, Concord, Antioch, Pittsburg, Martinez,
Pleasant Hill and the County shall each deposit $700 into a fund to be held by Pleasant Hill
specifically for payment on the Agreement. Pleasant Hill will be responsible for all payments
and billing.
SEC CION 8. ACCESS TO RECORDS. During the term of this Agreement and for a
period of three years after its termination, the Clients, or duly authorized representatives, shall
have access to any boobs, documents, papers and reds of the Consultants and of any sub-
contractor of Consultants, which are directly pertinent to this Agreement for the purposes of
making audit,examination,excerpts and transcriptions. The Consultants shall require any of their
sub-const tors tinder this Agreement to comply with this provision.
SE=ON 9. INDEMNIIrICATION. The Consultants and their sub-contracture sha1.t
defend, indemnify and hold harmless the Clients and their respective Officials. employees and
agents from all claims,demands, actions,losses,damages,injuries and liability direct or indirect
(including any and all costs and expenses in connection therein) arising out of negligences or
willful misconduct of this Consultants or any person employed by the Consultants in the
performance of this Agreement. This indemnification obligation is not limited in any way by any
limitation on the amount or type: of damages or compensation payable by or for Consultants
under We rkers' compensation, disability or other employee benefit acts, acceptance of proof of
insurance as required under this Agreement, or the terms, applicability or limitations of any
insurance held by Consultants.
SEC ON 10. INSURANCE. The Consultants shall maintain in effect throughout the term
of this Agreement,a commercial general liability insurance policy in an amount not less than $1
million per occurrence for bodily injury, personal injury and property damage. Such insurance
shall name each public entity Client as a named additional insured. The Consultants shall also
maintain workm' compensation insurance as may be required by law. The Consultants shall
provide proof of insurance required by this section to Pleasant Hill, and Pleasant Hill shall
circulate such proof to the remaining Clients fon their review and approval. Clients acknowledge
that Consultants do not carry pro€ossional errors and omissions insurance. All policies shall
provide for thirty days' written notice to Clients before cancellation for any remotn,and shall be
endorsed with a statement stating the insurer waives all rights of subrogation against the Clients.
SEC ON 11. LITIGATION EXPENSES AND ATTORNEYS' FEES. If either party to
this Agreement commences any legal action against the other party arising out of this Agreement,
the prevailing party shall be entitled to recover its reasonable litigation expenses,Including court
costs, expert witness fees, discovery expenses, and attorneys' fees.
SECnON 12. ASSIGNMENT. The parties recognize that a substantial inducement to
Clients for entering into this Agreement is the professional reputation,experience and competence
of Consultants. Assignments of any or all rights,dudes or obligations of the Consultants under
tins Agreement will be permitted only with the prior written consent of the Clients.
3
SEMON 13. TERMINATION. This Agreement shall terminate upon completion of the
seminars (which will tentatively occur on December 31, 1998). This Agreement may be
terminated at any time either by joint consensus of ail the Clients or by the Consultants f0UOwing
five days'prior written notice of intention to terminate; thereafter, the Clients shall be liable to
the Consuttants only fon those fees and casts earned by Consultants to the date of term na don and
which shall be substantiated by an itemized, written statement certified by the Clients and
submitted to Pleasant Hill by the Consultants. The Clients' rights of termination shall be in
addition to all other remedies available under lave to the Clients.
SEMON 14. WMIDRAWAL. This Agreement need not be terminated if any of the
Clients individually wishes to withdraw from the Agreement. In that case, any monies not
already spent On seminars direcdy benefitting that Client will be returned to that Client by
Pleasant Hill. If Pleasant Hill withdraws from the Agreement, the responsibility for billing and
payment will transfer to one of the remaining Clients. WidUlmwal from the Agreement requires
ten(10)working,days'Prior written notice to the remaining Clients and the Consultants,provided
that it is at least ten (10) working days to the next workshop scheduled for the withdrawing
jurisdiction.
SEMON 15. CANCELLA110N. If during the course of this Agreement a Client requires
cancellation of a workshop, Client must notify the Consultants and Pleasant Hill at least 14
calendar days prior to the scheduled date of the workshoP to avoid a charge. If the Client fails
to inform dee Consultants and Pleasant Hill 14 calendar days in advance of the workshop date,
Pleasant Dill will Pay Consultants $75 of that Client's money, deposited with Pleasant Hill
Pursuant to Section 7.E of this Agreement.
SEC ON 16. MODIRCATION. Modification of this Agreement may be made at any time
by joint, written consensus of the Clients and the Consultants.
4
.... ......... ......... ......... ......... ......... ............._...... ............__
Dated the day and date first above written.
CONSULTANTS
MART CARR FOR EBC & ASSOCIATES & TODD SUTTON
CITY OF ANTIOCH:
DAVID D. ROWLANDS, CITY MANAGER
CITY OF CONCORD:
EDWARD R. JAMES CITY MANAGER
CITY OF PiTrSBURG:
JEFFREY C. KOLIN, CITY MANAGER
CITY OF MARTINEZ:
MARCIA RAUS ES, CITY MANAGER
CITY OF PLEASANT HILL:
JOSEPH M. TANNER, CITY MANAGER
CONTRA COSTA COUNTY:
'VALENTIN ALEXEEFF, DFRECTOR OF GROWTH MANAGEMENT
AND ECONOMIC DEVELOPMENT AGENCY
APPROVED AS TO FORM:
DEBRA S,'MARGOLIS, CITY OF PLEASANT FALL, -
CITY ATTORNEY
Attachments: "A"Proposal from EBC & Associates
"B" Time Schedule
5
....... .....
Attachment "A"
Reggaido 9—f Pumgme
Tho Cities of Antioch,Concord,Pittsburg,Martinez,Pleasant Hill and Contra Costa County have
decided to initiate a cooperative backyard composting education program. This prograni will be
an active component of regional waste prevention efforts either underway or planned for by these
jurisdictions.
These Cities and County desire a program that effectively instructs the prindples and practices
of backyard composting and does so in a mannor that is easily understandable by program
participants.
These Cities and County also desire a program that is cast-efficient.
In recognizing this statement of purpose, as outlined in the issued mquest for proposals, this
proposal will develop how the backyard composting education program,developed and operated
jointly by E. Bartlett Carr and Associates and W Todd Sutton, will satisfy all requirements.
kWzMM som-
The program scope of services described here will discuss curriculum development,conduct of
workshops, and development of informational handouts for use during conduct of workshops.
Workshop CpakU),MM
The workshop curriculum seeks, to develop participants' understanding of composting in three
ways. First, it will identify and explain the reasons why it Is important to compost. They are
to reduce laud waste and narura�+produce an effective soil conditioner. This discussion will
also develop and dispel some common "myths" that prevent many residents from adopting this
important practice. Second, the curriculum will explain the basic principles l of composting.
Using simple language, the process of composting will be explained, centering attention on the
important macro- and micro-organisms that accomplish all the work of composting. Finally,the
stops for building and maintaining a compost system will be described in detail. Enlarged and
laminated information boards will be used in conjunction with handouts to graphically portray
what is described.
Nod*dng is as effective as allowing workshop participants to gain hands-on experience in creating
their own backyard composting system. For this reason, each workshop will include a hands-on
pile building exercise where volunteers help build a system,using the ingrodient-layering method.
Once built,this demonstration system will be used to instruct system maintenance to participants.
6
Static 7]l�tslays
To help workshop participants understand the variety of compost bias that can be built or
purchased, a static display of three bias will be set tap, displayed, and,explainO& The display
will include one manufactured plastic bin, such as the Smith and Hawkun Blostack, and
homemade wine hoop and wood frame/wire mush bins. The static display will also include a
working worm box cVomposter mattufacturcd and available from a local vendor.
In addition to the biro display, compost accessories such as the turning fork, turning tool,
ventilation tubing, thermometer and screens will be presented and explained.
MV prkk arrclouts
Workshop] handouts are a critical, tool in helping participants comprehend what is being
explaatned. Once more,they are retained and can be used by the participant once he or she goes
home and begins their own compost system. Our workshop will use a handout packet which
includes:
• Drawings, charts and lists which explain the process of composting and methods to build
and maintain a system. This will minimize the need for participants to "rush" nate taking
and miss important information. it also permits instruction outdoors where slide projection
would:not be possible.
• "Your Guide to Simple and Easy Home Compostingl" A one-pager explanation of the
process of building and maintaining a system.
• A "Material Resource Guide" that identifies common compostable items around the home
and explains how to use them.
• A worm composting brochure explaining the value and how-to of worm composting.
A "Compost Bin and Accesses List" that identifies locally available bias and other
helpful accessories. 'Vendors, addresses, telephone numbers and unit prices are included.
• A "Reference Resource L,iisf'is provided that lists refines material that may be available
in local libraries or can be purchased fmm local nurseries or bookstores. In addition the
Martinez and Central San/Walnut Crcek/San Ramon Program "Hot-Linc" phone numbers
are provided in case of further informational needs.
Ertl,gM Instructors
IA4„Surnan
Associate Instructor for the Martinez and Central San/Walnut Creek/San Ramona Programs.
Conducts independent presentations on Backyard and Worm Box Composting for the County
7
Agricultural Ixtensitm,Alameda Hoene Composting Program and garden clubs and youth groups
throughout the area.
Mr. Sutton will assist in curriculum development and carry primary responsibility to manage and
coordinate instruction of the program.
B—art Carr
Principal Instructor of the Martinez and Central San/Walnut Creek/San Ramon,Programs.
,Mr. Carr will be responsible for development of curriculum, slide presentation and handout
packet for this program.
In addition to Mr.Carr and W.Sutton,an additional Instructor(s)will be retained to help provide
instruction. 'These individuals will be previously trained in all aspects of composting and
proficient in gardening and plash care before joining this program.
This instructor(s) will be subject to approval by representatives of all participating jurisdictions
before officially Joining the program.
Proararn Bttd€et
This home composting program is presented as an "off the shelf" product. Aside from an
opportunity for minor modifications based on your comments and requests, the curriculum and
supporting,actions and materials will be used as presented within this proposal.
l cvirsit CastsiRc sibiities Carried by the Hast Wsdietw
Promotional costs
AccePting/rcarding workshop reservations
Securing/preparing workshop instruction arealhaving staff present to facilitate workshops
Handout reXoductions
Total Program costs, excluding reoccurring costshesponsibilities carried by hosts sites are:
Twenty-ftwr 'Workshops per year - $4,208.Oo
For additional information concerning this proposal or any aspect of the proposed program,please
call Bart Can at(510) 299-1522.
8
Attachment
corapad CQUOMUM Workshop &*edule - 1"S
Date Jurisdiction T
hft
March i i pleasant HM
March 28 Martinez 9-11 a.m.
Ap'rrH 11 Coin 9-11 a.m.
April 16 pleasant Hill
7-9 P.M. (Thugs)
April 18 Contra Costa County 9-11 a.m.
May 14 Pittsburg 6:15-8p-M.
May 1.6 Concord
9-11 a.m.
May 19 Mardncz
7-9 p.m, (Tues)
May 3C? Contra Costa County 9-11 a.m.:
June 6 Pittsburg
1-3 p.m.
June 2t3 Antioch
9-11 &M.'
July 22 Contra Costa County 7-9m.
P• (Wed)
August 29 Antioch
9-11 a.rrt.
September 12 MaW nez
9-11 a.m.
September 19 Concord
9-12 a.m.
September 23 Pleasant,ill
24 Antioch 7-9 p.m. (wed)Stittesmbz°
7-9 p.m. (Thugs)
September 26 Contra Costa County 9-11 &-M.
October 3 Martinez
9-12 am.
October 3 Pittsburg
p. .
October 17 Antioch 2-4 m
9-II a.m.
C?ctaber 17 Contra Costa County
October 22 Pleasant Hilt 3.11 am,
October 31
7-g p.m. (Thurs)
Pittsburg
Novemberr 7 Conch, 9-11 am.
9-11
Revikd 4)20/"
TDTFaL. P.io
Contra
TO: BOARD OF SUPERVISORS Costa
County
FROM: DENNIS M. BARRY, AICD
COMMUNITY DEVELOPMENT DIRECTOR
DATE: May 5, 1998
SUBJECT: INCREASED FUNDINGIFOR SAN LUIS DRAIN LITIGATION. SUMN E R PECK
ETA IN THE UNITE ! STATES COURT OF APPEALS FOR NINTH CIRCUIT, CASE
NOS. 95-15300 AND 95-16641
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
REQQMMENDAIIQNS
AUTHORIZE a new contract with the California Environmental Law Project for legal
services regarding the San Luis Drain; AUTHORIZE up to a maximum of $25,000
of additional Water Agency funds for this purpose.
FISCAL IMPACT
This action would increase the current$25,000 allocation of Water Agency funds for
outside legal services in this matter by an additional $25,000 to reach a total of
$50,000. To date, the County has spent $21,315 on outside legal services in this
case since the County intervened in the litigation in 1995. Legal expenses are
shared with three other litigation partners. San Luis Drain litigation expenses are
budgeted every year for the Water Agency, and this funding increase is within
budget.
The County and the County Water Agency have been parties to this proceeding as
intervenors since 1995, and the County has paid a total of$21,315 to the California
Environmental Law Project ("CELP") to date for legal services. This amount
represents
CONTINUED ON ATTACHMENT: .X...,YES SIGNATURE—�W�&
RECOMMENDAT M OF CONY ADMINISTRATOR RECOMMENDATION OF BOARD CO iTTEE
APPROVE OTHER
SIGNATURE S' : L�&l
.
ACTION OF BOARD ON P�- '. 9` APPROVED A RECOMMENDED � OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
ZUNANIMOUS {ABSENT ) AND
AYE'S: NOES: AND ENTERED ON THE MINUTES OF THE
ABSENT: ABSTAIN: BOARD OF SUPERVISORS ON THE DATE
SHOWN.
Contact: John Kopchlk, CDD (510) 335-1227 ATTESTED
cc: Community Development Department (CDD) PHIL BATCHLERK OF
CAC} THE BOARD OF SUPERVISORS
County Counsel AND COUNTY ADMINISTRATOR
Auditor-Controller ,
BY d,> , DEPUTY
San Luis Drain Litigation Funding Increase
May 5, 1998
Page 2
one quarter of the total cost of the County's intervention. The remaining three quarters
were paid by the co-intervenors in this litigation, the Contra Costa Water District, the
Natural Resources Defense Council, and the Bay Institute. To date, the Board has
approved a total payment limit for this case of$25,000. It is anticipated that this amount
will soon be completely paid out for legal services and additional funds must be authorized
if the County is to continue as a party in the litigation.
The proposed bilateral settlement agreement between the United States and the
Westlands Water District has collapsed. Presuming that the parties fail in the next few
months to negotiate a settlement acceptable to all parties, this case will likely return to
court forr a formal prosecution of the appeal by the United States. The attached, December
29, 1997 memo from CELP indicates that the expected cost of intervenors' legal
representation in the appeal, at least initially, will approach approximately $56,000, or
$14,000 each to the County and each of the three other intervenors.
The San Luis Drain case continues to be of vital interest to the County. Unsatisfactory
resolution of the matter could lead to extension of the San Luis Drain, possibly through
Contra Costa County, to the Delta. Evidence indicates the project would harm the quality
of Delta water and damage drinking water supplies, recreation, business, and natural
resources in the County. Continued participation in the legal proceedings allows the
County and the Water Agency to defend against such an unfavorable outcome, and,
because our costs are shared with three other intervenors, the expense of this legal action
is relatively reasonable. A $25,000 increase in the payment limit to CELP for legal
services is recommended to cover the potential costs of the appeal (approximately
$14,000) and to provide a reserve for contingencies.
Attachments: 1) Contract for legal services
2) 12129/97 memo from the California Environmental Law Project
regarding past and projected litigation costs
3) 10/22/97 memo from Dennis M. Barry, Community Development
Director, regarding summary of San Luis Drain litigation
H:l kopcVohn-oldlsld$incr.iio
CONTACT FOR LEGAL SERVICES
1. P.Wies and Effective Date. Effective , 1998, County of Contra Costa
("County"),Contra Costa Water Agency(hereinafter called"Agency"), and California
Environmental Law Project, "C.E.L.P." (hereinafter called"Attorney"), mutually agree as
follows:
2. Jop. The term of this agreement shall be from the effective date through the
completion of all assigned tasks described herein.
3. Att4r a'ss Obligations, (a) Attorney shall provide legal services in the litigation now
pending entitled Sumner Peck Ranch, et al. v. U.S. Bureau of Reclamation et al.,partially
consolidated with Firebaugh Canal, et al. v United States, et al. ("San Luis Drain Litigation"),
as requested by County and Agency through the County Counsel or his designee and as more
particularly described below:
Preparation of Opening Appellate Brief in Ninth Circuit Court of
Appeals)(including preparation of Brief,Research, Review of Administrative
Record, Conferences with the United States)
Preparation of Reply Brief(Review of Opposition Briefs,Brief of the United
States,Conferences with Intervenors,United States,Research,Preparation of
Reply Brief)
Preparation for Hearing/Oral Argument(Appearance at hearing, oral
argument)
Continued participation in negotiations re settlement
Other legal services as requested by County and Agency through the County
Counsel or his designee related to this litigation.
Attorney may assign to such matters members of its staff who are qualified and
competent to provide professional legal service. No major decision concerning the commitment
for a substantial expenditure, the hiring of an expert consultant or consultant is to be made
without prior approval of the County Counsel.
4. Compensation. In consideration of Attorney's provision of services, County and Agency
shall pay Attorney, at its reduced rates for the benefit of the County and the purposes of this
contract, as follows:
Legal Services Contract March 10, 1998
Sumner Peck Litigation page 2
a. For legal services: Laurens Silver $ 225.00 per hour;
Kelley Drumm $ 130.00 per hour
b. Reasonable costs, as follows:
1) Automobile mileage at the rate of$0.31 per mile.
2) Reporter's fees,postage, long distance telephone charges, facsimile
transmission,photocopying costs, and all filing fees and court expenses at
actual cost incurred.
It is understood that Agency& County will be billed a total of twenty-five (25)percent
of all costs for legal services and expenses and that the remaining seventy-five(75)percent will
be billed to and paid by the other intervening parties: Contra Costa Nater District,National
Resources Defense Council and the Bay Institute.
C. Compensation under this contract shall not exceed$25,000 for legal services
(plus costs as outlined above and costs for expert witnesses, if needed) for services rendered to
the County and the Agency on or after January 1, 1998.
When executed by all of the parties,this agreement will supersede the prior agreement for legal
services relating to the San Luis Drain Litigation, dated May 11, 1995. Legal services and costs
pursuant to this agreement will be separate and in addition to services and costs incurred under
the May 11, 1995 agreement regarding the San Luis Drain Litigation.
5. Billing and Payment. Attorney shall submit to the Agency,through the County Counsel's
Office, a properly documented demand for payment monthly, in the form and manner prescribed
by Agency. The demand for payment shall itemize the type of services performed, the rates
charged for such services, the case in which the services were performed,the date the services
were performed,who performed the services, and the amount of time spent on such service.
6. Indg= ni ontractor Status. This contract is by and between two independent
contractors and is not intended and shall not be construed to create the relationship of agent,
servant,employee,partnership,joint venture or association.
7. S1_��bconlract and psi ng mens. Attorney shall not subcontract any of the work or assign
any of his rights or obligations under this contract without prior written consent of Agency.
8. Recon. Attorney shall at all times keep a complete and thorough record of the time
expended and services performed on behalf of Agency and shall also make available to Agency
for audit all such records maintained.
Legal Services Contract March 10, 1998
Sumner Peck Litigation page 3
9. Indemnification. Attorney shall defend, indemnify, save, and hold harmless Agency and
its officers and employees from any and all claims, costs and liability for any damages, injury or
death arising directly or indirectly from or connected with the services provided hereunder due
to or claimed or alleged to be due to negligent or wrongful acts, errors or omissions of Attorney
or any person under his control, save and except claims or litigation arising through the sole
negligence or willful misconduct of Agency, and will make good to and reimburse Agency for
any expenditures, including reasonable attorneys fees, Agency may make by reason of such
matters. The obligations contained in this section shall survive the termination of this
agreement.
10. Conflicts of Interest. Attorney and members of its staff shall avoid any actual or
potential conflicts of interest. Attorney agrees to notify Agency immediately of any case or
situation which may involve an actual or potential conflict of interest.
11. Termination. This contract may be terminated by Agency, at its sole discretion,upon
three day written notice to Attorney.
12. Entire Agreement: This Agreement contains the entire agreement between the parties
hereto and all prior understandings or agreements, oral or written, of whatsoever nature
regarding this matter are superseded and terminated by this Agreement and are hereby abrogated
and nullified. This Agreement shall not be modified in any manner except by an
instrument in writing executed by the parties or their respective successors in interest.
3. Reports. Attorney shall comply with Government Code section 7550.
COUNTY OF CONTRA COSTA CALIFORNIA ENVIRONMENTAL
LAW PROJECT'
By: By:
Chair of the Board Taxpayer Identification No.:
33-0631080
DJS:dj
WGROUMSTAFRSANLUIS.WPD
CEt_P —DRUMM, K. 416 626 9421 P. 02
CALIFORNIAENVIRONMENTAL LAW PROJECT
A Non- Profit Legal Corporation
•;- µsl,.
Laurens H. Silver, Esq. Kelly L. Drumm. Esq.
302 Sycamore Street 1166 Doinres Street
Mill Valley. CA 94941 San Francisco, CA 941 iU
Phone: 475.383.5588 Phone; 415.626.9067
Facsimile: 415.383.7532 Facsimile; 415.826,9421
DeceMber 29,1997
Vic J. Westman K.T.Shum
Contra Costa County Counsel Contra Costa Water District
County Administration Building 1331 Concord Avenue
651 Pine Street, 9th floor P.O. Box H2O
Martinez,CA 94553-0116 Concord,CA$4524
Fax: (510)646-1078 Fax:(510)688-8142
Re: Representation of Intervenors illConnection with San Luis Drain Litigat Qn
The following is a tabulation of the total amount of attonieys fees and expenses billed to date by
the California Environmental Law Project(CELP)in connection with its representation of the County of
Contra Costa,the Contra Costa County Water Agency, the Centra Costa Water District, NRDC,and the
Bay institute.
Date of invoice Attorneys' Fees ExMises Dt4..._trict_5 Share 25%)
10/06/97 $17,305.04 $ 423.67 $4,432.17
6/02/97 $22,627,50 $1,217.86 $5,961.35
11/06/96 $ 2,610.00 $ 377.18 $ 746.80
5129/96 $7,987.50 $ 174.66 $2,040.54
1/05/96 $13,612.50 $ 62.39 $3,418.72
10/17/95 $18,784.00 $ 76.00 $4,715A0
Total Atnouint Paid by Each Party(259'0): $21,314.58
gitct,tuto, loan lack+on, Chair Dolores Welty, Treasurer Mel Nutter, Secretary Carlyle hall Margot Feuer
P.O. Box 232703 Lrucadia, CA 92024 Ph.6 M729.3261 Fx.619.729,1961
CELP -VRUMM,K. 418 626 9421 P. 03
December 23,1997
Page 2
Additionally,CELT'has been requested to break-down the estimated cost to the Intervenors for
continued representation in the above-referenced matter,pending in the Ninth Circuit Court of Appeals.
The or-going settlement ncgotlations in the Ninth Circuit are on the verge of breaking Clown. The next
anticipated step will be for the Court of Appeals to establish a briefing,schedule. Once a briefing schiedule
is established by the,Court,CELP,on behalf of the County,its Water Agency, the Contra Costa Water
District,NRDC,and the Bay Institute,as Defendant/Intervenors,will be required to prepare an opening
brief on appeal,review responding briefs filed by the Sumner Peck plaintiffs and Westlands,and prepare a
reply brief. Thus,the estimated breakdown of costs for completing these tasks are as fellows:
PYrPQse1Trt5k Hours
Preparation of Opening Appellate Brief 100 Hours®$225/hour
(Preparation of Brief, Research, 35 Hours 0$130/hour
Review of Administrative Record,Conferences with
the United States)
Preparation of Reply Brief 40-60 Hours Q$225/lour
(Review of Opposition Briefs, Brief of the Uidted States 20-30 Hours 0$130/hour
Conferences with Intervenors,United States,Research,
Preparation of Reply Brief)
Preparation for Hearing/Oral Argument 15-30 Hours 0$225/hour
(Appearance at hearing,oral argument) 5- 10 Hours Q$130/hour
Expenses
(Copies, postage, telephone, facsimile, service) Approximately $2,000 - $3,000
Thus,CELP expects that the cost of providing the above-described services will be between
approximately $44,675 and$55,500,divided equally among the four parties as Defendant/ Interveners.
I hope this breakdown is helpful to you. Please contact me if you should have any further questions.
Sincerely,
CALIFORNIA ENVIRONME TAL LAW PROJECT
By:
elhy umrrr
KLD/kd
Contra Costa County
Community Development Department
Date: October 22, 1997
To: Vic westman,Counry Counsel
P Interim Community Development From: Denxu ury, tY Director
Re: , partially
consolidated with . (in the
United States Court of Appeals for the Ninth Circuit,Nos. 95-153'00 and 95-16641)
The purpose of this memo is to request time at the earliest available closed session meeting of the
Board of Supervisors to provide an update regarding the San Luis Drain and the County's on-going
litigation in this matter(referenced above). This briefing is needed because there have been some
new developments in the case. Likewise,the San Luis Drain issue is related to--and best presented
in conjunction with--the Grasslands Bypass Project,the object of additional County litigation and
the subject of another request for a closed session update. Provided below is a brief overview of the
case and its current status. Additional background materials are attached.
Overview: The San Luis Drain is a proposedlpartially constructed canal intended to remove the
agricultural drainage from a 600,000 acre area of the western San Joaquin Valley and discharge it
to the Sacramento-San Joaquin Delta near the City of Antioch. After completing 85 miles of the San
Luis Drain's planned 188 mile length, construction was halted in 1975 due to increasing
environmental opposition to Delta disposal and to a lack of funding. Unlike the Grasslands area
(which is currently utilizing a portion of the existing San Luis Drain),most of the lands the Drain
was intended to serve do not drain naturally to the San Joaquin Fiver or the Delta.
The partially constructed Drain was used to carry drainage water beginning in 1972. The transported
drainage was discharged into a holding reservoir called the Kesterson National Wildlife Refuge.
Operation of the San Luis Drain was terminated in 1985,following mounting evidence that the water
in Kesterson contained enormous quantities of selenium and was responsible For the widespread
death and mutation of wildlife using the reservoir.
The closure of the San Luis Drain caused drainage to back-up and groundwater to rise nearer the
crop root-zone in the agricultural areas that had been served by the Drain. Many of these farmers
believe the U.S. Bureau of Reclamation has a legal obligation to provide drainage service. They
have sued the U.S.regarding this matter many times, including a 1991 suit commonly referred to
as the Sumner Peck case. In 1994 and 1995, a U.S. District.Court judge surprised many by ruling
for the plaintiffs in two early phases of the trial, finding that the U.S. did have an obligation to
provide drainage and ordering the Bureau of Reclamation to apply for a discharge permit for the San
1
Luis Brain. Following the appeal by the U.S. of this decision,Contra Costa County(together with
its Water Agency), Contra Costa Water District, the Bay Institute, and the Natural Resources
Defense Council jointly hired outside council and intervened in the appeal to support the contention
that the Drain should not be built. The U.S. Ninth Circuit Court of Appeals referred the Sumner
Peck case to a federal mediator for settlement negotiations. The mediator has convened settlement
conferences sporadically over the past two years, and the County,it's co-intervenors, and outside
council have been allowed to participate in most of these.
At the most recent settlement conference in June o€1997,the U.S. and the Westlands Water District
(a very large San Joaquin Valley water district which supplies water to most of the plaintiffs and is
also an intervenor in the case) announced that they had reached an independent agreement they
believed could result in settlement of the case. The agreement involves vacation of the prior
decisions for the plaintiffs,purchase(at fair market value as assessed without drainage impairment)
of plaintiffs' lands(approx.45,000 acres)and water rights by Westlands, followed by purchase and
retirement of large, contiguous blocks of the lands acquired by Westlands by the U.S. The
agreement also includes commitments to consider both"in-valley"and"out-of-valley"solutions and
to renew Westlands water delivery contract. Neither the plaintiffs nor the County and its co-
intervenors were consulted about the agreement. The intention of the U.S. and Westlands was to
convince the Ninth Circuit Court of Appeals to refer the matter to the original District Court Judge
(Judge Wanger)and then seek his approval of the agreement and vacation of his past rulings.
Though land retirement may present an effective means for resolving the drainage problem,
attorneys for the County and its co-intervenors urged the Appeals Court to deny the request of the
U.S.and Westlands to refer the matter to Judge Wanger because the commitments to consider"out-
of-valley"
out-
of valley"solutions and to renew Westlands' water contract would set poor policy precedents and
run counter to the goal of solving San Joaquin Valley drainage problems in the San Joaquin Valley
(as opposed to exporting these problems outside the Valley). The plaintiffs also opposed referral of
the agreement,in part because the agreement allowed for some use of the powers of eminent domain.
The Appeals Court did not remand the case, but it did ask Judge Wanger to comment on the
proposed agreement. Judge Wanger responded that he was not inclined to vacate his previous
judgements and refused a request by the U.S. to hold a status conference before him, effectively
killing the proposed agreement. As a result,unless substantial progress is made soon in closing areas
of disagreement between the parties, it now seems likely that the case will return to court for a
formal prosecution of the appeal.
I hope this information is helpful. Should you have any questions about this matter, or need
assistance with the preparing materials for the Board meeting, please contact John Kopchik at
extension 5-1227.
Thank you very much for your assistance with this matter.
hA\cdadpoo1ljkopcWdbdo97.upd
2
. 2'1AY-31- 1598 15=12 FROM CCG Commun itq Development TD .........
. Gt,RK �' BQAR27 P.002/0W
onm
CON"T"RA COSTA COUNTY
CONMT DEWLOPM19NT D19pARTMENT
651 Pine Stmt, N. VI - 4th F"t
b'UIu*z, CA 94553
TelePhona: 335-1290 Fax: 535-1299
To. Supervisor Joe Canciamwa
SuperViSOr Gayle E. Uillcema
FROM- A John K4pChilc, Water Agency Manner
DATE: May 1, I
SUBJECT: Contr for I Serer to fn San Louts Drain Litigation (agenda itrn
C.52 on hlay st 19")
'mss memo is provided in r6Srequest y pery sor Uilketma for additio.W
pones to a eat b Su
i W"ma ion en% ndA ice»C.52 for the May 5, 1998 Boad of Supervisors
would a> eri a sown contract with the California Envirronmen of a(, This for
continued Q1iec=t C'"Cl~�) for
Bal service, in the Cr unty,& San Luis Drain litigofion 04 would authorize the
expenditure of an additional $25,000 of Water Agency funds for this lures• P.reviously,,a
total of$25,00()of Wer ABY fiuxb has been allocated for legal services in this matter, Of
this amount, $21,315 has been spent since 1995 when the County bums involved M' this
litigation.
Fast Ili emsim of t Twoe by the Ecwrd ofi wyism. County litigation regarding
Luis Drain and the finances �r 1084 services were last dismissed by the l rdars
during clow session on October 29, 1997.
tats of>l tis for " iilia> .The County has three other partners in this liti tion
Contra Casa 'Water DisWct, the Bay Institute, ,and the. Natural Rmw= Defense coun+cn.
C for ShORd outside kpl raepoeser"tion are split evenly, with each orSIMZadOn respOnsible
'one quu'er of th"o , The County has SPOUt a Mal of$21,315 on this gatian and
We am nearing our current payment limit of :S'000.
Need for a"dooW anockdon: '3IV Plqx*-*d b kbeM setownent
the United
States and the Westlands Water I�istict which was announced in of 199mt 7' has +collapsed.
A der sd dule fb r the Umted States appeal of an esis r ruling in this case (which has been
I
EAY-01-1 16:12 M011 CCC Community Development To CLRK OF BOARD p.oa3,W3
on hold for several. Items while mediated settlement regodationS W= in prOSMU) h been
"tab" and da cam wM xfsturn to court sem. If the County to a smatiaar as '
iqP and . 1 ' I of
e
,���as xruticna of this c which ��� coanp�,ira��tf the
Ian 1A& DrMin to the eta, `O"al fiUWIng fb r legal Mvic es Will be MW&vd. CMP
"t"t"tes theCOSUto the County for prcpa mtioat of a nn brief,
�� be '°�'" i8 ��+ brief, and oral
ly$14,x. Staff reconu n mb a $Z1,000 increase to the paym nt
Iia scrva«to c0VW the esdmaated eapenw atcd provide a xeararve for co Wngencie s.
1 tt'r"Madon by the mrd of Supa:ry rs.- County Counsel informs me thast, if Board
mcg to dhAnw this matter fiant a prior to a vote, the itteas 9Md be rescheduW for
ar futm clod session.
I hopt this bf *natio is h*fcal, Should you have any further queWor�ar about this axaatter, or
zeq*t* addWmad inff rrnadon, plea" feel to contest am apt esit�sns. :5-1227.
iti�'I:tsJd�inf8s�am
cc: Members, Board of Supervisors
City Counsel
County Administrator
Community bev pmc*Director
Clark of the Board of Supervisors
BW File
2
I.....I...................................................................................................... ............................................ ........
. ............................................... .........
BOARD OF SUPERVISORS
FROM: TONY COL6N, DIRECTOR
COMMUNITY SERVICES DEPARTMENT
DATE: May 5, 1998
sumcT. AUTHORIZE CONTRACT AMENDMENTS FOR MENTORING PROGRAM SERVICES
SPECIFIC REQUESTS)OR RECOMMEMATION(S)&BACKGROUND AM JUSTIFICATION
I. RECOMMENDED ACTION:
APPROVE and AUTHORIZE the Community Services Director or designee to execute contract amendments
with the following community-based organizations for continued mentoring services for the period April 15,
1998 through May 31, 1998:
Contract Contractor Amount New Contract Total
38-574-1 Bay Area Community Resources $4,437 $ 17,750
38-575-1 Court Appointed Special Representatives 4,437 17,750
38-576-1 New Connections 4,437 17,750
Total $13,311 $ 53,250
11. FINANCIAL IMPACT:
No County funding is required. Funding is from the California Department of Community Services and
Development. Funding is reflected in the Department's fiscal year 1997-98 budget.
III. CHILDREN'S IMPACT STATEMENT:
The Community Services Department Head Start Program supports two of Contra Costa County's community
outcomes: "Children Ready for and Succeeding in School" and "Children and Youth_Healthy and Preparing
for Productive Adulthood." This program was created with the specific mission to provide support and
guidance to low-income youth in at-risk conditions through adult mentors. Desired goals are to reduce
alcohol/drug use, teen pregnancy, educational failure, gang participation, and violence.
CONTINUED ON ATTACHMENT._YES SIGNATURE:
X_RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
7XI-APPROVE ^OTHER
SIGNATURE( ;, 4�le4!!f!
ACTION OF BOARD ON MAY 5 1998 -APPROVED AS RECOMMENDED '41 OTHER
VOTE OF SUPERVISORS
I HEREBY CERFITY THAT THIS IS A TRUE
UNANIMOUS(ASSENT 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.
CONTACT: TONY COL6N,313-7350 ATTESTED MAY 5 1998
PHIL BATCHELOR,CLERK OF TIM BOARD OF
cc: CAO SUPERVISORS AND COUNTY ADM04LSTRATOR
CSD
BY
DEPUTY
M392 (10/98)
11.1.1.11.11..........................................................................................................................................................................................
..........................................
Page 2
May 5,<1998
Mentoring
IV. REASONS FOR RECOMMENDATIONS/BACKGROUND:
On April 1, 1997, the Board approved State Standard Agreement#97F-1710 with the California Department of
Community Services and Development for the provision of mentoring services. On that same day, the Board
also approved four sub-contracts with community-based organizations to provide mentoring services to a total
of forty (40) at-risk youth. Each subcontractor agreed to match ten(10) at-risk with ten(10) adult volunteer
mentors.
Since that date, one of the four authorized sub-contractors, Neighborhood House of North Richmond, has
declined entering into a contract with the County. These contract amendments redistribute the unused $13,313
to the remaining three authorized sub-contractors in order to ensure that the goal of forty (40) mentor-mentee
matches is achieved.
Both the State and the Board have already approved the redistribution of these funds for State Standard
Agreement#97F-1710.
............................................................................................................................................................................................
. ...................................................................... ..... .... ...... .......................................................................................
611
Contra
TO: BOARD OF SUPERVISORS Costa
FROM: PHIL BATCHELOR County
County Administrator
DATE: May 5, 1998
SUBJECT: CONTRACT WITH CONTRA COSTA COUNTY BAR ASSOCIATION
FOR PROVISION OF CRIMINAL CONFLICT DEFENSE SERVICES
Specific Request(s) or Recommend ation(s) & Background & Justification
RECOMMENDATIONS:
Authorize the County Administrator or his designee to execute a contract with the Contra Costa County
Bar Association, for the period July 1, 1998 through June 30, 1999, and setting a payment limit not to
exceed $1,050,000, to provide for continued mandated criminal conflict defense services.
FINANCIAL IMPACT:
The costs incurred under this contract in FY 1998-99 are anticipated to be appropriated in the Final
Budget and will be included in the County Administrator's Proposed 1998-99 Budget. Provision of
criminal conflict defense services by the Bar Association is contingent upon appropriation of funds in the
Final Budget.
REASONS FOR RECOMMENDATION/BACKGROUND:
Since 1983 the County has had a contract with the Contra Costa County Bar Association for the
provision of conflict defense services. This contract was in response to the escalating cost for conflict
defense services under the old system of court-appointed counsel. In FY 1991-92, the Public Defender
created an Alternate Defenders Office in order to handle conflict cases. This has reduced the annual
number of conflict cases referred to the Bar Association from approximately 2,600 to 700 which is a
decrease of 73%. Referrals to the Conflict Defense Program have stabilized at approximately 60 per
month or 700 per year.
Continued on Attachment:—X— YES Signature:
Recommendation of County Administrator
Recommendation of Board Committee
Approve — Other
Signature(s): . �� ® .���
Action of Board on: MAT 5 1998 Approved as Recommended—"(—Other
Vote of Supervisors: I HEREBY CERTIFY THAT THIS IS A TRUE
V/ AND CORRECT COPY OF AN ACTION TAKEN
Unanimous (Absent AND ENTERED ON THE MINUTES OF THE
Ayes:— Noes:—) BOARD OF SUPERVISORS ON DATE SHOWN.
Contact: G. Roemer (335-1055) Attested: MAY 5 1998
cc: CAO-Justice System Programs Phil Batchelor, Clerk of
Contra Costa County Bar Association the Board of Supervisors
Presiding Judge, Coordinated and County Administrator
Trial Courts
14, 0 C,1 A 0 0
Executive Officer, Coordinated By:
Trial Courts DEPUTY
Public Defender
Auditor-Controller
Amendment to Contract with
Contra Costa County Bar Association
for Provision of Conflict Defense Services
Page 2
May 5, 1998
The cases referred to the Bar Association generally represent multiple co-defendant cases in which the
Alternate Defender's Office can only handle one co-defendant. Actual expenditures under the Bar
Association's conflict defense contract for FY 1992-93 were $3,617,054. For the current fiscal year,
estimated expenditures are $1,450,000. It should be noted that for FY 1998/99, the County's contract
with the Bar Association for conflict defense services includes only the costs associated with representing
criminal and delinquency cases referred to the Bar Association through a written affidavit conflict by the
Public Defender and the Alternate Defender. It does not include provision for costs of representation of
dependency cases. These cases have been excluded from the County's FY 1998/99 contract because
the Lockyer-Isenberg Trial Court Funding Act of 1997 places the responsibility for payment of costs
associated with such cases within the Courts' State Trial Court Funding budget. It is no longer a County
financial obligation.
CONSEQUENCES OF NEGATIVE ACTION:
If the recommended action is not approved, the contract with the Bar Association will terminate June 30,
1998. The appointment and payment of private attorneys for conflict cases that cannot be handled by
the Alternate Defend'er's Office will revert to the court-appointed method used prior to the Bar Association
contract. All active and new criminal and delinquency conflict cases will be referred to the courts for
appointment of defense counsel. Payment of criminal conflict attorney services is a mandated County
cost.
I-, _........ ......... ......... ......... ......... ......... ......... ......... .._...._.
_ .. ......... ......... ......... ......... ......... .._...... ............................... ......... ......... ......... .........
,>
TO: BOARD OF SUPERVISORS Contra
Costa.
FROM: PHIL BATCHELOR, County Administrator County
DATE: May 5, 1998
SUBJECT: COLLECTION AU EEMENT WITH THE CALIFORNIA FRANCHISE TAX a ,
BdARD FOR COURT-ORDERED DEBTS
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMEND' TION:
AUTHORIZE the Chair of the Board of Supervisors to execute an agreement With the California
Franchise TaxBoard for the collection of certain court-ordered debts owing to the County.
AB CKGROU'ND:
Article 6 (commencing with section 19280)of Chapter 5 of Part 10.2 of the Revenue and Taxation
Code authorizes the Franchise Tax Board (FTB) to undertake the collection of certain court-
ordered debts owing to a county. The purpose of the law is to assist counties in generating more
revenues by enabling them to utilize FTB's statewide resources and remedies in collecting certain
unpaid court-ordered fines, forfeitures and penalties. The Contra Costa County Municipal Courts
have contracted With the FTB for many years for collection services. However, under the Trial
Court Funding Act of 1997, responsibility for court collections was transfered to counties,
requiring anew agreement between the FTB and the County. Services are expected to continue
in the same fashion as in previous years.
CONTINUED ON ATTACHMENT. YES SIGNATURE: r
RECOMMENDATION OF COUNTY ADMINISTRAT RECOMMENDATION OF BOARD
COMMITTEE
APPROVE OTHER
SIGNATURE(S):
------- ----ACTION OF BOARD ON May 5, 1998 APPROVE AS
RECOMMENDED X OTHER
VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE
X AND CORRECT COPY OF AN ACTION TAKEN
UNANIMOUS(ABSENT ) AND ENTERED ON THE MINUTES OF THE
BOARD OF SUPERVISORS ON THE DATE
AYES: NOES: SHOWN.
ABSENT: ABSTAIN:
ATTESTED May 5, 1998
CONTACT:GEORGE ROEMER(325)335-10765 PHIL BATCHELOR,CLERK OF THE BOARD
CC: COUNTY ADMINISTRATOR OF SUPERVISORS AND COUNTY
COORDINATED TRIAL COURTS ADMINISTRATOR
BY C 0 ,DEPUTY
".S-1
MEMORANDUM OF UNDERSTANDING
REGARDING TERMS AND CONDITIONS OF COUNTY
PARTICIPATION IN
COURT ORDERED DEBT COLLECTION PROGRAM
THIS AGREEMENT, dated the day of , 1998 is by and between the
CALIFORNIA FRANCHISE TAX BOARD ("FTB"), as an agency of the State of California, and the
COUNTY OF ("COUNTY")for the collection of certain court-ordered debts by the FTB.
WHEREAS Article 6(commencing with section 19280)of Chapter 5 of Part 10.2 of the
Revenue and Taxation Code authorizes FT13 to undertake the collection of certain court-ordered
debts owing to a county; and
WHEREAS a primary purpose of the enactment of Revenue and Taxation Code sections 19280-
19283 was to enable counties to utilize FTB's statewide resources and remedies to assist them in
collecting certain unpaid court-ordered fines, forfeitures and penalties; and:
WHEREAS FTB supported enactment of Revenue and Taxation Code sections 19280- 19283
in order to generate increased revenue for the Victim Restitution Fund through more consistent
collection of court-ordered fines, forfeitures,and penalties; and
WHEREAS the Legislature has declared that it is essential for fiscal purposes that this
authorized program be expeditiously implemented; and
WHEREAS COUNTY has expressed its desire to participate in this program;
NOW, THEREFORE, FTB AND COUNTY, in consideration of the mutual >promises to perform
respectivelyduties as described by statute and on terms and conditions set forth herein, hereby agree as
follows:
Section 1. PURPOSE
FTB collects personal income and corporate franchise and income taxes. For the Secretary of
State, FTB collects penalties from corporations that fail to file their annual statement of officers.
In addition, FTB pursues debts owed to state and local government when they are referred by
statute. Revenue and Taxation Code sections 19280 - 19283 provide authority for FT13 to assist
counties in the collection of unpaid court-ordered fines,forfeitures and penalties.
FTB' is a proven successful debt collector. FTB collection efforts help;protect the state and
county fisc, and benefit innocent victims of crime by enhancing the Victim's Restitution Fund.
The state has increasingly expected counties to implement effective revenue collection in part to
fund state-authorized programs. It is, therefore, in the mutual interest of the parties to use the
available resources of the state and county governments to collect unpaid court-ordered fines,
forfeitures and penalties.
lri�ge �
The parties to this agreement recognize the purposes of this program, and acknowledge the
Legislature's finding that it is essential for fiscal purposes that this program be expeditiously
implemented to achieve the Legislature's goal.
Section 2. TERM
This agreement shall become effective upon its execution and continue for the term of the
program through 01/01/02 or through an amended date agreed to by both parties.
Section 3. ADMINISTRATION OF MEMORANDUM OF UNDERSTANDING-COUNTY
A. COUNTY's Contract Administrator
B. The COUNTY"s Contract Administrator shall be responsible for the record keeping of
this Memorandum of Understanding, including keeping and updating all records relating thereto.
The Contract Administrator may delegate others to perform Contract >Administrator duties
hereunder. The COUNTY's Contract Administrator shall have authority to make changes to the
Memorandum of Understanding for collections of other fees due the court as authorized under
Section 9.
C. COUNTY's Contract Administrator for this Memorandum of Understanding shall be the
following person: [insert name and address]
GEORGE ROEMER, SENIOR DEPUTY COUNTY ADMINISTRATOR
651 PINE STREET, 10th FLOOR
MARTINEZ, CA 94553
Section 4. GENERAL AUTHORITY AND OPERATING PROVISIONS
A. Definitions:
(1) "Delinquent Amount"is the amount of court-ordered fine, state or local
penalty, forfeiture,restitution fine, or restitution order,or combination thereof,
which has not been paid 90 days after payment of the amount first becomes
delinquent.
(2) "Account" is a delinquent amount owed by a person or other entity which has
been referred by COUNTY to FTB for collection.
(3) "Pro rata distribution"means distribution based on a percentage equal to the
face value of each included amount subject to referral divided by the total
balance of the account.
B. Amounts Subject To Referral: Any delinquent fine, state or local penalty, forfeiture,
restitution fine, or restitution order, or combination thereof, ordered as a result of a criminal
offense, including all offenses involving a violation of the Vehicle Code, except offenses relating
to parking or registration or offenses by pedestrians or bicyclists, and imposed by a superior,
1/1/98 2
municipal or justice court of the State of California upon a person or any entity, and which in
aggregate, total $250 or more per such person or entity is eligible for referral by COUNTY to
FTB for collection. Accounts referred to FTB shall be treated as final and due and payable to the
State of California.
C. Interest Includible: The amount referred by COUNTY may include any interest on
the amount referred to FTB for collection which accrued prior to the date of referral.
D. Collection Services: Amounts referred shall be collected from the obligor by FTB in
any manner authorized under the law for collection of a delinquent personal income tax liability,
including, but not limited to, issuance of an order and levy in the same manner provided for
earnings withholding orders for taxes. FTB, in its sole discretion, will determine the appropriate
enforcement remedies and/or services to be utilized for the collection of amounts referred under
this agreement. To the extent authorized by Revenue and Taxation Code section 19280,
subdivision (d)(2), any enforcement remedies and capabilities available to the court from which
the amount was referred to FTB shall be available to FTB and shall apply without limitation to
amounts referred under the provisions of Revenue and Taxation Code sections 19280 - 19283
and this agreement.
E. Information To Be Made Available: Any information provided to or secured by the
Franchise Tax Board for purposes of administering the personal income tax or bank and
corporation franchise and income tax laws, and any information, information sources and
enforcement remedies and capacities available to the court from which the amount was referred
shall be available to FTB for use in its collection effort
F. Reporting: FTB shall report the results of the court imposed debt collection program to
the Legislature on or before April 1, 2001. FTB may make such information available to
interested parties and agencies for review and comment. FTB may disclose to the State
Controller's office and the Board of Control, as administrator of the Victims of Crime Program,
any data collected, including amounts by category of debt being referred for collection to FTB by
County.
G. Referral Criteria Guidelines: COUNTY agrees to abide by referral criteria prescribed
by FTB 1.
Section 5.DISTRIBUTION OF RECOVERED AMOUNTS
A. Deposit In State Treasury: All amounts collected by FTB for amounts owing on
delinquent court-ordered debts shall be transmitted to the State Treasurer for deposit in a Court
Collection Account in the General Fund. Amounts collected pursuant; to this program are
amounts collected pursuant to a comprehensive collection program as provided in section
1463.007 of the Penal Code.
B. State Controller Distribution: The State Controller's office shall transfer to COUNTY,
within 30 days from the payment on an account, amounts deposited in the Court Collection
Account less an amount equal to the cost incurred by FTB for FTB's administrative costs of thel
' Referral criteria attached.
1/1198 3
......... ......... ......... ......... ......... ......__.
......................_ ........ .......... ......... ........ ......... ......... ......... ......... __
_._. _.......................................................................................................
............__...................
program, but such amount deducted by FTB for administrative costs shall not exceed the
maximum percentage authorized by Revenue and Tax Code Section 19282 of the amount
collected.
After payment of the cost of administration, amounts shall be transferred to the court from which
the account originated. The State Controller's office shall make transfers at least once each
month. This agreement makes no provision for any such other direction of amount recovered.
This provision shall not be construed to preclude or affect any contractual agreement by the State
Controller and COUNTY regarding transfers, except as to the deduction for cost of
administration.
The participating courts within COUNTY shall design an administrative
structure which provides for the transfer of collected revenue for each court.
C. Partial Recovery- Pro Rata Distribution: Subject to statutory priorities as described
in item D, Multiple Debts of a Single Obligor, below, if an amount collected is not sufficient to
satisfy the total amount of the account, then the amount collected shall be distributed on a pro
rata basis as provided in section 19282, subdivisions(a)and(d).
D. Multiple Debts Of A Single Obligor: In the event a debtor has more than one debt
being collected by FTB and the amount collected is insufficient to satisfy the total amount
owing,the amount collected shall be applied in the following priority(section 19533):
(1) Payment of any taxes,additions to tax,penalties, fees,or other amount due to
FTB pursuant to the personal income tax or bank and corporation franchise or
income taxes.
(2) Payment of debts referred by counties for collection for delinquencies owing for
child, spousal or family support.
(3) Payment of delinquent wages owed the state Department of Industrial Relations.
(4) Payment of delinquencies collected under the state Department of Motor
Vehicles delinquent registration program.
(5) Payment of amounts referred by counties for collection for delinquencies in
payment of court-ordered debt.
(6) Payment of delinquent penalties owed the state Department of Industrial
Relations.
(7) Payment of delinquent fees owed the state Department of Industrial Relations.
(8) Payment of delinquencies owed the Student Aid Commission.
(9) Voluntary payments made by an obligated parent for a child support delinquency
shall be applied solely to the child support delinquency for which the voluntary
payment was made.
in/se 4
......... ......... ......... ......... ..........._...
.. .. ............._ ......... ......... ......... ......... ......... ......... .................
.........................................................................................................................................................
................................................
exx
E. Debts Collected And Credited In Error: If COUNTY receives payment from the State
Controller's office on accounts either collected in error, or by written checks drawn on checking
accounts with insufficient funds, COUNTY shall owe a credit to the Court Collection Account in
the state's General Fund equal to the amount of erroneous collection received by COUNTY or
amounts transferred to COUNTY based on anticipated but unrealized collections from checking
accounts with insufficient funds. In such an instance. FTB shall refund amounts deducted from
collections to cover its costs of collecting such erroneous or unrealized collections.
F. Amounts Referred Are Owing: COUNTY shalt refer only accounts the amounts of
which are due and payable from the obligors. COUNTY warrants that any issues raised
regarding the validity of the amount referred existing prior to referral were resolved by
COUNTY prior to referral. COUNTY shall hold harmless the State of California and FTB, and
shall indemnify them for any costs or liability imposed regarding collection activity undertaken
on amounts referred which are not due and payable from the obligors.
Section 6. ADMINISTRATIVE REQUIREMENTS
A. Payments Deemed FTB Collections: After the date an account is referred by
COUNTY to FTB for collection, any and all payment on the account, regardless of where or by
whom payment is made, shall be deemed debt collected by FTB pursuant to the court-ordered
debt collection program, except payments collected through the Personal Income Tax refund
intercept program, payments collected through liens filed by COUNTY or an agent for
COUNTY prior to referral to FTB, and payment which COUNTY can show did not result from
any FTB collection activity. FTB determination of such matters shall be conclusive and final.
B. Three Year Collection Cycle: FTB may work an account for up to three years after
referral from COUNTY. COUNTY and FTB may agree to a different period on a case by case
basis.
C. County Collection Activity Suspended: An account referred to FTB for collection
shall not be actively pursued for collection by COUNTY or referred by COUNTY to any other
agency or contractor for collection action.
D. County To Resolve Disputes With Obligor: An account referred to FTB is deemed
final and due and payable in full. (See Section F, above.) Questions or disputes raised by an
obligor with FTB regarding the accuracy of the amount,or whether the amount is owing, will be
referred to COUNTY. FTB collection activity may, in FTB's sole discretion, be suspended
pending resolution of the issue.
E. County Payment Plan On Account: Accounts referred to FTB that are subject to pre-
existing delinquent payment arrangements shall be subject to FTB collection action as though the
entire amount is due in full, unless otherwise specified by the court order giving rise to the
amount referred.
F. FTB Payment Plan Not To Exceed One-Year: FTB may decide,;in its sole discretion,
to enter a periodic payment schedule with the obligor. The terms of an FTB periodic payment
plan agreed to with an obligor shall not exceed one year.
3/a/9a 5
G. FTB Weekly Report: FTB shall provide COUNTY with an account payment update
schedule not less than once each week. Weekly reports shall include a description of the
collection activities(e.g., Issuance of Notice, Wage Garnishment, etc.) that have been applied to
each case.
H. Return Of Accounts: FTB, in its sole discretion, may return any account which has
been pursued for collection to the most practicable extent. A county also may request the return
of accounts on a case by case basis. FTB shall receive cost of collection credit for amounts paid
within one year of the return of an account, subject to the provisions of section 6, item A, above,
relating to payments deemed FTB collections.
I. Court-Ordered Changes In Amounts Of Referred Accounts: FTB and COUNTY
agree that changes to the amount and type of fees and fines imposed on a defendant, which result
from a judicial review of the case should be communicated to FTB. A mechanism for the
transfer of information and the alteration of the amount due will be developed by FTB and
COUNTY.
J. Proration Of Multiple Accounts For A Single Defendant: If an amount collected is
not sufficient to satisfy the total amount of all the accounts referred to FTB from COUNTY, for a
single defendant, then the amount collected shall be distributed on a prorata basis as defined in
Section 4, paragraph A.3., above.
Section 7.TERMINATION OR WITHDRAWAL
A. The Program Is Voluntary: COUNTY's participation in the program is voluntary.
COUNTY may effect withdrawal from the program by submitting in writing a statement of
withdrawal to FTB, Debt Collection Unit. FTB is entitled to the cost of collection credit for
amounts collected on any and all accounts. For a period of six months following a county's
withdrawal, the FTB may continue collection activity on any account. This agreement may be
terminated by mutual agreement, or by FTB pursuant to budget, fiscal or staffing considerations
or by administrative directive.
Section 8. DATA REQUIREMENTS
A. Account Profile Elements: Account profile elements will be submitted to the FTB at
the time of referral and updated periodically. The element shall include the information as
specified in Attachment A, in a format agreed to by the parties. The account profile information
is to be used to manage the collection account.
B. Debt Referral Categories Profile Elements: COUNTY shall include a profile of each
category of debt submitted. The profile shall include the following:
(1) Explanation of the type of offenses in each general category of offense that
creates the obligation owing, and the applicable code sections governing allocation of
fines, forfeitures, and penalty for that category. For example, the categories of the
Uniform Bail Schedule adopted by the Judicial Council or the Department of Justice
crime reporting classifications.
1/1/98 6
(2) Representative estimates of distribution by category of percentages allocated to
various state and local agency or funds for each dollar collected on that category of
account.
(3) Average outstanding balance at time of referral for an account in each category.
(4) Estimated percentage of accounts in each category for which a payment to the
state Victim's Restitution Fund was originally owing, and an estimate average amount of
such debt per account at time of referral.
C. Forms: Accounts will be submitted to the FTB in the form outlined in Attachment B,
and in a format agreed to by the parties.
D. Monthly County Updates: New accounts may be submitted to FTB monthly. Twice
each month, on or before the 15th and last day of the month, COUNTY will provide FTB with
payment updates on accounts referred.
Section 9.SPECIAL TERMS AND CONDITIONS
A. Use Of Private Collection Agencies: If FTB, in the course of collecting accounts for
COUNTY, deems it necessary to sub-contract with a private collection agency, FTB shall
provide COUNTY written notice of its intent to refer accounts to a private collection agency.
FTB's notice shall identify those accounts which it intends to refer to a private collection agency
and shall specify the private collection agency or agencies with which FTB intends to contract.
COUNTY shall have 34 days from the date of its actual receipt of FTB's notice of intent to sub-
contract in which to respond by indicating its consent or objection to the intended sub-contractor.
If COUNTY objects to the intended sub-contractor in whole, FTB shall not refer COUNTY
accounts to a private collection agency. If COUNTY objects to the referral of certain accounts to
private collection agency, FTB shall not refer those accounts to a private collection agency. If
COUNTY objects to referral of COUNTY accounts to certain private collection agency or
agencies,FTB shall not refer COUNTY accounts to such agency or agencies.
B. Determination Of Type Of Accounts For Referral: Each participating court shall
determine the types of accounts that they will refer to the FTB.
C. Amendments To The Memorandum Of Understanding: Amendments to this
Memorandum of Understanding shall be executed by authorized personnel of the parties upon
the agreement of COUNTY and FTB.
D. Expanded Referrals: If during the term of this Agreement, statutory authority is
extended to FTB to collect other fees due the Courts not expressly specified in the present
Agreement, the parties, by mutual consent, may amend said agreement to include the collection
of those fees and the Contract Administrator, as previously defined, is expressly extended such
authority to enterinto such amendment. Except as so authorized, no changes to this Agreement
shall be valid and affected unless made in the form of a written amendment approved in writing
and formally executed by authorized officials of COUNTY and FTB.
1/1/48
7
Section 10.AUDIT PROVISIONS
A. Audit By County: FTB agrees that those matters connected with the performance of
any work done under this Agreement pursuant to this Agreement, including, but not limited to,
the costs of administering the Agreement may be subject to the examination and audit of the
COUNTY, or its authorized representative, for a period of three (3) years after final payment is
made under this Agreement.
B. Audit Report: In the event an audit is conducted of FTB specifically as to this
Agreement by any Federal or State auditor, or by any auditor or accountant employed by the
FTB or otherwise specifically regarding this Agreement,then FTB shall file a copy of such audit
report with COUNTY's Auditor-Controller within thirty (30) days of FTB's receipt thereof,
unless otherwise provided by applicable Federal or State law or under this Agreement.
COUNTY shall maintain the confidentiality of such audit report(s).
C. Contingency Clause To Budget Act: The attached"Contingency Clause to Budget
Act"is hereby incorporated as Attachment C and made part of this Agreement.
D. Cancellation Of Agreement: This Agreement may be canceled by;either party upon
thirty(30)days prior written notice.
IN WITNESS HEREOF, the Board of Supervisors of the COUNTY OF
has caused this Memorandum of Understanding to be subscribed by its Chair and the seal of said Board
to be hereto affixed and attested by its Executive Officer and the Franchise Tax Board has caused this
Agreement to be signed by its duly authorized officer this day of , 1998.
FRANCHISE TAX BOARD COUNTY OF
STATE OF CALIFORNIA
By: ' r' ' r_ °✓�
Chair
BOA OF SUPE VISORS
APPROVED A5 TO FORM: ATTEST: '7yl°`^ 5J
County Vunsel Clerk of t4-Board of Supervisors
ni9� 8
CONTINGENCY CLAUSE TO BUDGET ACT
1. This Agreement is valid and enforceable, only if sufficient funds are made available by the
Budget Act for this fiscal year 1997/98 and subsequent years, if applicable, for the purposes of this
program. In;addition, this Agreement is subject to any additional restrictions, limitations, or conditions
enacted by the Legislature and contained in the Budget Act or any statute enacted by the Legislature
which may affect the provisions,terms, or funding of this Agreement in any manner.
2. It is mutually agreed that if the Budget Act does not appropriate sufficient funds for the program,
this Agreement shall be invalid and of no further force and effect. In this event, the State shall have no
liability to pay any funds whatsoever to the Contractor or to furnish any other considerations under this
Agreement, and the Contractor shall not be obligated to perform any provisions of this Agreement.
Attachment C
INFORMATION EXCHANGES
Attached are the record layouts and code tables to be used when creating the
magnetic tapes or disks used by the courts and the Franchise Taxi Board (FTB)
to exchange Court-Ordered Debt Collections information. The code tables
contain descriptions of specific field information used in the information
exchange process.
1. The Debtor Information Tape/Disk (pages 2 - 4) is used to transmit data from
the county to Court-Ordered Debt Collections. This tape is used to send new
case data, revise existing case data, and withdraw cases.
2. The FTB Action Tape/Disk (pages 5 - 6) is used to inform the courts of
actions taken by Court-Ordered Debt Collections. Data on this tape includes
cases rejected by FTB, bills sent to the debtor, and cases where FTB has
updated data.
3. The Payment Tape/Disk (pages 7 - 8) is used to transmit information
regarding payments collected. This data includes the date of payment,
amount of payment, and county case number.
4. The Code Tables (pages 9 - 12) provide a description of specific field
information used to exchange information between the counties and FTB.
5. The Guidelines for Submitting Debtor Information Ta e/Disk (page 13)
provides additional information for submitting the Debtor Information
Tape/Disk to FTB.
1/1/98 Palge 1 Attachment A
DEBTOR INFORMATION TAPE/DISK
SENT TO FTB BY THE COUNTIES
The following is the record layout which counties use to send debtor information to FTB. This
information is sent on a magnetic tape or disk and contains two record types: Record_Jy_ 1 is used for
control information, and Record Type 2 is used for case information. FTB must receive the debtor
information tape or disk once every month.
Court-Ordered Debt Collections data must be transmitted to FTB on a magnetic tape or disk with the
following requirements:
• Write data on '/2-inch magnetic tape in the unpacked mode, using either a 9-channel reel';OR an
18-channel cartridge.
• Use a recording density of 6250 bytes-per-inch for 9-channel reel and 38 kilobytes-per-inch for
18-channel cartridge.
• Use standard IBM OS/VS internal header and trailer labels.
Follow header labelby one tapemark. Precede and follow trailer label with one tapemark each.
The hexadecimal configuration for a tapemark is 13 (decimal 19).
+ Record data in Extended Binary Coded Decimal Interchange Code (EBCDIC) format.
Use a record length (LREC) of 600 and blocking factor of 10, with a block size of 6000.
• Use a 31/2-inch high density disk in DCIS format.
• Record data on a text file in ASCII format.
• Store only one file per disk.
+ Label disk with FTB's program name (COD), county name, and file name.
DEBTOR INFORMATION - ECORD TYPE 1
This is a control'record. Each tape or disk must have this as its first or last record. The totals are
cumulative amounts of information on the other records. Fields marked with an asterisk ( * ) are always
required. The "county court code" field (**) is required if the county wants FTB to distribute funds
separately by court. Unmarked fields are not required but, if provided, may help FTB's collectors resolve
a case.
Field Position[s) Name ----Type Width Notes
* 1 1-1 Record type character 1 " 1`"
* 2 2-4 Debt type character 3 "COD-"
* 3 5-6 County code character 2 See Attachment II (pg. 9)
** 4 7-9 County court code character 3 Court that referred the ease
* 5 10-18 Total records character 9 Zero filled, right justified
* 6 19-30 Total principal character 12 1 Dollars and cents,
7 31-42 Total interest character 12 1 rt. justified, zero filled
* 8 43-600 Filler character 558
Total 600
June 19, 1996
Page 2
DEBTOR INFORMATION - RECORD TYPE 2
This record is to be used to transmit new cases to FTB, to withdraw cases, and to update information
about cases. Attachment I lists the type of actions the counties can take (page 9).
Fields marked with an asterisk ( * ) should always be provided on records with action type codes of (16N)
"new cases," (16R) „revised case information,,, or (16W) "withdrawals." Unmarked fields are not required
but, if provided, may help FTB's collectors resolve a case.
Field Position(s) Name Type Width Nates
* 1 1-1 Record type character 1 " 2 "
* 2 2-4 Debt type character 3 "CDD"
* 3 5-6 Action type codes character 2 See Attachment I (pg. 9)
* 4 7-8 County code character 2 See Attachment II (pg. 9)
** 5 9-11 County court code character 3 Court that referred the case
***6 12-14 Court office code character 3 If county has more than one
( 'office in the court
* 7 15-34 County case number character 20
8 35-44 County participant ID character 10
9 45-53 SSN character 9 If no SSN, then zero fill
* 10 54-70 Last name character 17
* 11 71-81 First name character 11
* 12 82-82 Middle initial character 1
13 83-90 Address date character 8 MMDDYYYY
14 91-91 Address status character 1 See Attachment III (pg. 10)
15 92-121Street 1 character 30
16 122-151 Street 2 character 30
17 152-156 Apartment character 5
18 157-173' City character 17
19 174-175 State character 2
20 176-205 Country character 30 If foreign
21 206-214 Zip code character 9
* 22 215-223 Principal character 9 Dollars and cents,
23 224-232 Interest character 9 ( rte' ifi d,_zero filled
24 233-241 SSN t character 9 Complete if debtor
25 242-250' SSN2 character 9 ( has more than one
26 251-259 SSN3 character 9 ( SSN or name
27 260-276 AKA-1 last character 17
28 277-287 AKA-1 first character 11
29 288-288' AKA-1 middle initial character 1
30 289-305 AKA-2 last character 17
31 306-316; AKA-2 first character 11
32 317-317 AKA-2 middle initial character 1
33 318-334' AKA-3 last character 17
34 335-345 AKA-3 first character 11
35 346-346' AKA-3 middle initial character 1
36 347-356' Home phone character 10 ( First 3 digits are area code
37 357-366 Business phone character 10 ( digits 4 - 10 are phone #
June 19,1996
Page 3
DEBTOR INFORMATION - RECORD TYPE 2 cont.
Field Positions) Nam Tyne Width Note
38 367-368 Status of debtor character 2 See Attachment VI (pg12)
39 369-376 Status date character 8 MMDDYYYY
40 377-386 Driver license number character 10
41 387-388 Driver license state character 2
42 389-398 Other driver license number character 10 If debtor has more than one
43 399-400 Other driver license state character 2 driver license number
44 401-407 Vehicle license number character 7
45 408--415 Date of birth character 8 MMDDYYYY
46 416-423 Other date of birth character 8 MMDDYYYY - if debtor has
more than one date of birth
47 424-424 Sensitive case character 1 "Y" if debtor prone to violence
48 425-425 Bad checks character 1 "Y" if debtor sent bad checks
49 426-433 Date of last payment character 8 MMDDYYYY
50 434-442 Payment amount character 9 Dollars and cents,
rt. justified, zero filled
51 443-443 Warrant case character 1 "Y" or "N"
52 444-446 Violation statute 1 character 3
53 447•-461 Violation code 1 character 15
54 462-464 Violation statute 2 character 3
55 465-479 Violation code 2 character 15
56 480-482 Violation statute 3 character 3
57 483497 Violation code 3 character 15
58 498-50U Violation statute 4 character 3
59 501-515 Violation code 4 character 15
60 516-518 Violation statute 5 character 3
61 519-533 Violation code 5 character 15
62 534-563 Description character 30
63 564-600 Filler character 37
Total 600
* Field is always required.
** "County Court Code"field is required if the county wants FT8 to distribute funds separately by court.
*** "Court Office Code"field is required if the county has more than one office. This information is needed to
determine which liaison FT6 needs to contact or where to refer debtors who have questions about their case.
June 19, 1996
Page 4
NS. "
FT8 ACTION TAPE/DISK
SENT TO THE COUNTIES BY FTB
The following is the record layout for the magnetic tape or disk containing information about actions
taken by FTB. This tape is sent to the counties from FTB. This tape is created after the debtor
information tape is processed, and it is mailed monthly to each county. Court-Ordered Debt Collections
data will be transmitted to the counties on magnetic tape or disk using the fallowing requirements:
i
• Write data on 'Y2-inch magnetic tape in the unpacked mode, using either a 9-channel reel OR an
18-channel cartridge.
• Use a recording density of 6250 bytes-per-inch for 9-channel reel and; 38 kilobytes-per-inch for
18-channel cartridge.
• Use standard IBM OS/VS internal header and trailer labels.
• Follow header label by one tapemark. Precede and follow trainer label with one tapemark each.
The hexadecimal configuration for a tapemark is 13 (decimal 19).
• Record data in Extended Binary Coded Decimal Interchange Code (EBCDIC) format.
• Use a record length (LREC) of 400 and blocking factor of 10, with a block size of 4000.
DiA
• Use a 3112-inch high density disk in DOS format.
• Record data on a text file in ASCII format.
FTB uses magnetic media to transmit to the county actions which FTB has taken and code indicators
which show that certain debtor case information has been updated. Each debtor can have multiple
records. The county code, county court code, court office code, county case number, county participant
ID, last name, first name, and middle initial fields will be provided on all records. The SSN will only be
provided on those cases that the counties submit with a SSN.
A detailed listing of al the action taken type codes are on page 11, Attachment V.
June 19, 1996
Page 5
_...... ......... ......... ......... ......... ......... ......... ......... ..._.....
..__ ....... .........._.. ......... ......... ......... ........ ......... ......... ......... ......... ......... ......... .........
......... . ........ .........
FTS ACTION TAPS
field Positim( ) Name Tyne Width Notes
1 1-2County code character 2 See Attachment II (pg. 9)
2 3-5 County court code character 3
3 6-8 Court office code character 3
4 9-28' County case number character 20
5 29-38' County participant ID character 10
* 6 39-47 SSN character 9
7 48-64' Last name character 17
8 65-75 First name character 11
9 76-76 Middle initial character 1
10 77-78' Action taken code character 2 See Attachment V (pg. 1''1)
11 79-86 Action date character 8 MMDDYYYY
12 87-97' FTB billing number character 11
13 98-400 Filler character 303
Total 400
* Information provided only as allowed by the Privacy Act.
.lune 19,1996
Page 6
........................................................................................................................................................1 1.1.11,111,11111,
...........................................................................................................
PAYMENT TAPE/DISK
FROM FT8 TO COUNTIES
The Payment Report is faxed to each county when payments are posted. Upon request, a county may
also elect to receive its report of payments via tape or disk. Court-Ordered Debt Collections data will be
transmitted to the counties on magnetic tape or disk using the following requirements:
• Write data on 1/7-inch magnetic tape in the unpacked mode, using either a 9-channel reel OR an
18-channel cartridge.
• Use a recording density of 6250 bytes-per-inch for 9-channel reel and 38 kilobytes-per-inch for
18-channel cartridge.
• Use standard IBM OS/VS internal header and trailer labels.
• Follow header label by one tapemark. Precede and follow trailer label with one tapemark each.
The hexadecimal configuration for a tapemark is 13 (decimal 19).
• Record data in Extended Binary Coded Decimal Interchange Code (EBCDIC) format.
• Use a record length (LREC) of 250 and blocking factor of 10, with a block size of 2500.
• Use a 31/2-inch high density disk in DOS format.
• Record data on a text file in ASCII format.
PAYMENT INFORMATION - RECORD TYPE I
Field --Name Type- Width ----Notes
1 Record type character 1 U1 Y
2 Debt type character 3 "COD"
3 County code character 2 See Attachment 11 (pg. 9)
4 County court code character 3 Court that referred case
5 Total records character 9 Zero-filled
6 Total amount character 10 Zero-filled, 2 decimals implied
7 Claim schedule number character 8
8 FTB process date character 8 MMDDYYYY
9 FTB admin fee character 10 Zero-filled, 2 decimals implied
10 Amount remit to county character 10
11 Filler character 186
Total 250
June 19, 1996
Page 7
..........................................
_. _ ......... ......... ......... ......... __......... .1.11.1
....... ............. ......... ......... ......... ........ ......... ......... ......... ......... ......... ................. . _
_. . _....... ......... ......... ......... ......... . ....................
PAYMENT INFORMATION - RECORD TYPE YPE 2
field.(d Name Type Width Notes
1 Record type character 1 112"
2 Debt type character 3 "CUD"
3 County code character 2 See Attachment It (pg. 9)
4 County court code character 3
5 Court office code character 3
6 County case number character 20
7 County participant ID character 10
* 8 SSM character 9
9 Last name character 17
10 First name character 11
11 Middle initial character 1
12 Amount of payment character 9 Zero filled, 2 decimals implied
13 Received date character 8 MMDDYYYY
14 Filler character 8
15 Asset type code character 2 See Attachment IV (pg. 10)
* 16 Holder of asset character 20 Employer name/bank name
* 17 ID number of holder character 7
* 18 Phone number of holder character 10 If known
* 19 Street 1 character 30
* 20 Street 2 character 30
* 21 City character 17
* 22 State character 2
* 23 Zip code character 9
24 Filler character 18
Total 250
* Information provided only as allowed by the Privacy Act.
June 19, 1996
Page 8
......... ......... ................----
..
....... ......... ......... ......... ......... ......... ......... .........
......... ......... ......... ......... ......... ......... ...._-..
. ...................................................................................... ............
G'4r
ATTACHMENTS
CODE TABLES
ATTACHMENT 1
CASE ACTION TYPE CODES (used on Debtor Information TapelDisk (page 3))
C DE DESCRIPTION (see page 3 (field 3))
16N - New case
bW - Withdraw case
16R - Revise balance due and entity information (name, address, etc.)
ATTACHMENI 11
COUNTY CODES (used on Debtor Information TapelDisk(pages 2-3), FTB Action; TapelDisk (page 6), and
Payment Tape/Disk(pages 7-8))
CODE DESCRIPTION CODE DESCRIPTION (see page 2 (field 3), page 3
01 Alameda 30 Orange (field 4), page 6 (field 1) page 7
02 Alpine 31 Placer (field 3) and page 8 (field 3))
03 Amador 32 Plumas
04 Butte 33 Riverside
05 Calaveras 34 Sacramento
06 Col usa 35 San Benito
07 Contra Costa 36 San Bernardino
08 Del Norte 37 San Diego
09 El Dorado 38 San Francisco
10 Fresno 39 San Joaquin
11 Glenn 40 San Luis Obispo
12 Humboldt 41 San Mateo
13 Imperial 42 Santa Barbara
14 Inyo 43 Santa Clara
15 Kern 44 Santa Cruz
16 Kings 45 Shasta
17 Lake 46 Sierra
18 Lassen 47 Siskiyou
19 Los Angeles 48 Soiano
20 Madera 49 Sonoma
21 Marin 50 Stanislaus
22 Mariposa 51 Sutter
23 Mendocino 52 Tehama
24 Merced53 Trinity
25 Modoc 54 Tulare
26 Mono 55 Tuolumne
27 Monterey 56 Ventura
28 Napa 57 Yolo
29 Nevada 58 Yuba
.line 19, 1996
Page 9
.. ......................................................................................................................................................................................................................
_...... ......... ......... ......... ......... ......................................................................................................................
ATTACHMENI_I11
ADDRESS CODES (used on Debtor Information TapelDisk (page 3))
CODE _DESCRIPTION (seepage 3 (field 14))
R - Returned mail/bad address
F - Foreign address
i� - Good address
G - Good address
ATTACHMENT 1V
ASSET TYPE CODES (used on the FTB Payment Tape/Disk(page 8))
CODE DESCRIPTION (see page 8 (field 15))
BA - Bank account
M - Stocks '
IdD - Dividends
IR - IRA, Keoghs, retirement
16W - Wages,<
I6C - Commissions
VT - Vacation Trust Fund (VTF)
I6R - Rents
RO - Royalties
RP - Real property
TT - Till tap
KP - Keeper
16B - Boat
16A - Airplane
PA - Personal automobile
CV - Company vehicle
RV - Recreational vehicle
June 19, 1956
Page 10
ATTACHMEN
FTB ACTION TAKEN TYPE CODES (cased on l=TB Action TapelDisk (page 5))
CODE DESCRIPTION (see page 6 (field 10))
Reject codes
R1 - Balance due less than $250.00
R2 - Interestamount not numeric
RO - Action request not 16N, 16R, or I6W
RB - SSN not numeric
RC - Principal amount not numeric
RD - Maximum case load reached
RE - Case not new,already exists on file
RF - No case found
16R - Rejected at option of FTB
T1 - Tax liability - discharged
T2 - Tax liability- greater than $100.00
T3 - Tax liability- less than $100.00
16W - Case withdrawn by the county
Bills sent to debtor
16D - Demand for Payment notice
16E - Earnings Withholding Order
160 - Order to Withhold
I6S - Seizure
N1 - Payment Arrangement notice.
Entity information updates
16A - Address update
SN - Social Security number update
6N - Name update
Debtor status
l6B - Debtor in bankruptcy
DC - Debtor deceased
June 19, 1996
Page 11
_...... ......... ......... ......... .........
........... _........ .......... ......... ......... ........ ....... ......... ......... ......... .............. ..
......... ......... ...._....... ..... .........
A.TI"ACHME_LSI Vt
DEBTOR STATUS CODES (used on Debtor Information TapelDisk (page 4))
CODE DESCRIPTIO (see page 4 (field 38))
EM - Employed
UE - Unemployed
AF - AFDC
SI - SSI
GA - General Assistance
IC - Incarcerated
DC - Deceased
June 19,1996
Page 12
e c$*
GUIDELINES FOR SUBMITTING
THE DEBTOR INFORMATION TAPE/DISK'
• The first Debtor Information Tape/Disk submitted to FTB shouldcontain all
new cases. Subsequent tapes/disks should contain revised, withdrawn, or
other cases.
• New Cases (N) - cases that have never been submitted to FTB, or
cases that have been previously withdrawn or rejected.
• Withdrawn Cases (W) - cases that the court elects to withdraw from
FTB.
• Revised Cases -- cases that have already been submitted to FTB by
the court and are resubmitted with revised entity or revised balance
information.
• The Debtor Information Tape/Disk is required monthly to ensure that FTB has
the most current balances for billing purposes.
• The Debtor Information Tape/Disk is due to FTB by the 14th of each month.
Due to the length of processing time, FTB needs to receive the tape/disk
timely. if FTB does not receive the tape/disk by the 101h of the month, no bills
will be produced for the court during that month.
• To ensure that the tape/disk is received timely, FTB requires the courts to
send the tapeldisk via overnight express mail. Please use the blue "Court-
Ordered Debt Collections" label provided to you by FTB when mailing the
tape/disk.
• FTI3 requires that the debtor Information Tape/Disk be certified there should
be no data other than Debtor Information Tape/Disk records.
• The court should send a test tape/disk to FTB at least one month before
requesting production of Demand for Payment notices to the debtors.
1/1/98 Page 13 Attachment A
........ ......... ......... ......... ......... ......... ......... ......... ......... ......... 1111. _
.... ......... . ..._..... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... .........
......... . ........ .........
INFORMATION EXCHANGES
Attached are the record layouts and code tables to be used when creating the
magnetic tapes or disks used by the courts and the Franchise Tax Board (FTB)
to exchange Court-Ordered Debt Collections information. The code tables
contain descriptions of specific field information used in the information
exchange process.
1. The Debtor Information Tape/Disk (pages 2 -4) is used to transmit data from
the county to Court-Ordered Debt Collections. This tape is used to send new
case data, revise existing case data, and withdraw cases.
2. The FTB Action Tape/Disk (pages 5 -6) is used to inform the courts of
actions taken by Court-Ordered Debt Collections. Data on this tape includes
cases rejected by FTB, bills sent to the debtor, and cases where FTB has
updated data.
3. The Payment Tape/Disk (pages 7 - 8) is used to transmit information
regarding payments collected. This data includes the date of payment,
amount of payment, and county case number.
4. The Code Tables (pages 9 - 12) provide a description of specific field
information used to exchange information between the counties and FTB.
5. The Guidelines for Submitting Debtor Information Tape/Disk (page 13)
provides additional information for submitting the Debtor Information
Tape/Disk to FTB.
1/1/9$ Page i Attachment B
GUIDELINES FOR SUBMITTING
THE DEBTOR INFORMATION TAPE/DISK
• The first Debtor Information Tape/Disk submitted to FTB should contain all
new cases. Subsequent tapes/disks should contain revised, withdrawn, or
other cases.
• New Cases (N) - cases that have never been submitted to FTB, or
cases that have been previously withdrawn or rejected.
• 'Withdrawn Cases (W) -- cases that the court elects to withdraw from
FTB.
• Revised Cases - cases that have already been submitted to FTB by
the court and are resubmitted with revised entity or revised balance
information.
• The Debtor Information Tape/Disk is required monthly to ensure that FTB has
the most current balances for billing purposes.
• The Debtor Information Tape/Disk is due to FTB by the 1 ot" of each month.
Due to the length of processing time, FTB needs to receive the tapeldisk
timely. If FT13 does not receive the tape/disk by the 1 Ot' of the month, no bills
will be produced for the court during that month.
• To ensure that the tape/disk is received timely, FTB requires the courts to
send the tape/disk via overnight express mail. Please use the blue "Court-
Ordered Debt Collections" label provided to you by FTB when mailing the
tape/disk.
• FTB requires that the debtor Information Tape/Disk be certified: there should
be no data other than Debtor Information Tape/Disk records.
• The court should send a test tape/disk to FTB at least one month before
requesting production of Demand for Payment notices to the debtors.
1/1/98 Page 13 Attachment B