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HomeMy WebLinkAboutMINUTES - 06231998 - C110-C114 TO: BOARD OF SUPERVISORS e . ontrP FROM: John Cullen, Director '� " �" �,'' Costa Social Service Depsrrtm6 1. County GATE: May 14, 1998 r *' SUBJECT: APPROVAL AND AUTHORIZATION TO SIGN CONTRACT(County#40-063)FOR OFFICE ON AGING'S HEALTH INSURANCE COUNSELING AND ADVOCACY PROGRAM SPECIFIC RI: UCST(S)OR RBC; MENDS TION{Sj i SACKGIROUND AND JUSTIFICATION 1. SRF 1F,,ND C i�QN APPROVE AND AUTHORIZE the Director, Office on Aging, or his designee,to EXECUTE contract(#40-063)with Ida J. Mergy for$22,000 for the period June 22, 1998 to June 30, 1999 to provide community outreach and related services as the Health Insurance Counseling and Advocacy Program(HICAP)Services Developer subject to approval by County Counsel or the Social Services Department Contract Administrator as to legal form. II. FINANCIAL No County Funds are involved. The $22,000 in State grant funds for the HICAP Services Developer is specified in State Standard Agreement#SF-9899-07(County# 29-508-2). III. MASONS FQR RECQMM DAIMNLBACKGRO-UND Mandated under AB2419,the Health Insurance Counseling and Advocacy Program has been operated by the County's Office on Aging for the past twelve years. The Program provides community education,recruitment,training, and coordination of volunteer health insurance counselors in the area of Medicare and related health care plans. The contract with Ida J. Mergy provides community outreach focused on minority and low-income seniors and related services. c a bo40063.wp f, z � CONTINUED ON ATTACHMENT: YES SIGNATURE, ;' 7 RECOMMENDATION OF COUNTY ADMINISTRATOR HI COMMENDATION OF BOARD COMMITTEE APPROVE OTHER StONAT RE S); C ,1 ACTION OF BOARD ON APPROVED AS RECOMMENDED X OTHER VOTE OF SUPERVISORS 4 I HEREBY CERTIFY THAT THIS!S A TRUE UNANIMOUS ABSENT j AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES, AND ENTERED ON THE MINUTES OF THE BOARD ASSINTi ABSTAIN: OF SUPERVISORS ON TcyHEE CATS SHOWN, CC: ATTESTED J t4 2 c� 119B PHIL BATCHELOR,CLERK OF THE BOARD OF Lennis Lyon X 3-1731 SUPERVISORS AND COUNTY ADMINISTRATOR Original to Office on Aging n CAO By ,mit�+ t i _ ��.. , 9PUTY M382 (10/U) Auditor i TO: BOARD OF SUPERVISORS E . ... Contra FROM: Costa f :. John Cullen, Direct r kU. Social Service I3epar ntCount/ DATE: sue.rWge 9, 1998 APPROVE contract for consultant services to implement In. Horne Supportive Services Public Authority. SPECIFIC REOU€ST(S)OR RECOMMENDATION(S)6 BACKGROUND AND JUSTIFICATION RECOMWNDED ACTION: APPROVE and AUTHORIZE Director of Social Service, or designee, to contract with Eldon E. Luce for consultant services to facilitate implementation of the Contra Costa County In Home Supportive Services (IHSS) Public Authority in the amount of$48,900 for the period July 1 1998 through January 31, 1999. FISCAL: The Social Service Director has identified County General funds to support the initial implementation activities of the IHSS Public Authority as directed in the Board Order of March 11, 1998 establishing the Public Authority. BACKGROUND: As authorized and directed by the Board Order of March 11, 1998 the Social Service Director has proceeded with implementation activities for establishing the Contra Costa County IHSS Public Authority by seeking to retain an implementation consultant. In April, 1998 the Social Service Department issued a Request for Interest seeking qualified entitles to facilitate work of an ad hoc implementation team to establish an IHSS Public Authority. Four respondents submitted proposals. A review team of County staff and community representatives has reviewed the submitted proposals. The proposal submitted by Eldon E. Luce has been ranked the most responsive of the proposals submitted. CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATfON OF BOARD COMMITT APPROVE -OTHER SIGNATUREfSj- �fe�_ YXOZ4, ACTION OF BOARD ON JUN 4 43 1=0 APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS L I HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS(ABSENT_-- t 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. cc-Contact: Danna Fabella, 313-1.583 ATTESTED "SUN 2 3 19 SOCIAL STE VICE (CONTRACTS UNIT) PHIL BATCHELOR,CLERK OF THE BOARD OF COUNTY ADMIZISTRATOR SUPERVISORS AND COUNTY ADMINISTRATOR AUDITOR-CONTROLLER CONTRACTOR � ( tA382 (10189) �"`"'' BY .s A,�h DEPUTY �.> w 112- TO: BOARD OF SUPERVISORS ' ,�... .. „ Contra FROM,. John Cullen, Director Social Service Department s -,+{ s DATE: June 11, 1998 ," ty SUBJECT: APPROVE and AUTHORIZE Director of Social Service, or designee, to RENEW Contract 21-261-6 and RENEW Contract 21-281-6 for continued Foster Pride/Adopt Pride Trainin . SPECIFIC REQUEST(S)OR RECOMMENOATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDED ACTION: APPROVE and AUTHORIZE the Director of Social Service, or designee, to RENEW two contracts for the provision of Foster Pride/Adopt Pride Training. Contract #21- 261-6 with Contra Costa Community College District would be renewed for the period of July 1, 1998 to June 30, 1999 in the amount of$54,000. Contract#21-281-6 with Patricia C. Contaxis would be renewed for the period of July 1, 1998 to June 30, 1999 in the amount of$17,040. KCAL: The increased funding for this contract is included in the SDS budget and claimable as 50% Federal, 35% State, and 15% County. t 'LDREEN'S IMPACT STAIEMENT: The Foster Pride/Adopt Pride Training supports three of Contra Costa County's community outcomes: "Children and Youth Healthy and Preparing for Productive Adulthood," "Families that are Safe, Stable and Nurturing," and Communities that are Safe and Provide a High Quality of Life for Children and Families." Through enhanced education and training foster and adoptive parents are better able to help children understand the reasons for their out-of-home placement and to help children cope with past abuse or neglect. BAMC&QUND: This program provides pre-service training, designed by CWLA and supplied to counties by the State, to better equip Foster care givers. It is given to 1potential foster parents and relative care-givers in order to better serve the needs of children who are under County care. CONTINUED ON ATTACHMENT: -YES SIGNATURE: . RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURES: ACTION OF BOARD ON UN Z 3 N30APPROVED AS RECOMMENDED ✓ OTHER VOTE OF SUPERVISORS / I HEREBY CERTIFY THAT THIS IS A TRULY UNANIMOUS(ABSENT t 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, CC: Contact: Danna Fabella, 313-1583 ATTESTED JUN 2 3 1998 SOCIAL SERVICE (CONTRACTS UNIT) PHIL BATCHELOR,CLERK OF THE BOARD OF COUNTY ADMINISTRATOR SUPERVISORS AND COUNTY ADMINISTRATOR AUDITOR—CONTROLLER CONTRACTOR A fir•. *1382 (103188) BY I f ,/ DEPUTY �,i BOARD OF SUPER'4'ISORS Contra FROM. Arthur C. Miner,Executive Director rye. Costa r� Contra Costa County Private Industry Council "- �'�'- County PSS+�r '1v DATE: June 11, 1998 res•- ._u: SUBJECT: Authorizing Execution of DTPA Contract Amendment/Extension Agreements with various Service Providers for the East Contra Costa One Stop Career Center SPECIFIC REQUEST($)OR RECOMMENDATION(S)6 BACKGROUND AND JUSTIFICATION I. RECOMMENDED ACTION: Authorize the Executive Director, Contra Costa County Private Industry Council, to execute standard farm Job Training Partnership Act (J'TPA) Contract Amendment/Extension Agreements with various service providers(contractors as specified in the attached "DTPA East Contra Costa One Stop Career Center Specifications Chart" to extend the term of the contracts from June 30, 1998 to June 30, 1999 and to increase the contract payment limits as indicated in the"Specifications Chart", subject to approval by County Counsel as to legal form: II. FINANCIAL IMPACT: None, one hundred percent federal funds. III. CHILDREN IMPACT STATEMENT: This is part of the County's implementation of a One Stop WorkforceDevelopment Delivery system which supports the third outcome—Families that are Economically Self-sufficient. IV, REASONS FOR.RECOMMENDATION: At its meeting of October 20, 1997 the Private Industry Council (PIC) approved designation of specified service providers for the East Contra Costa One Stop Career Center for the period of December 1, 1997 through June 30, 1998. These Contract Amendment/Extensions will provide employment and training services for adults, in and out of school youth, older workers and dislocated workers in a One Stop Career Center setting serving the East Contra Costa County Area. Q CONTINUED ON ATTACHMENT: -YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER ., SIGNATURE(S):, ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS }� I HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS(ABSENT v 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. BobWhatford b46-S�73 ATTESTED U 2 Contact: ) PHIL BATCHELOR,CLERIC OF THE BOARD OF CC: Private Industry Council SUPERVISORS AND COUNTY ADMINISTRATOR County Administrator County Auditor-Controller Contractor By ?�? �LX (a.:xk ;. L .3„ s DEPUTY y:\picoffice\diskette\bdorders\Extension of JTPA Contracts *� to -� m u7 s-+ -ri r t LOr` o et t� a, cv Cs o C) 0 G r- o C) r ca 0 +1 w ra G ,�°-, � CC) � er c> c> o c� co N M M M M ur ter tri to v} � w CDC) c> CD CD C) o o CD o C) a CD c CD 0 C7 p U) C) Q, CD `n �r n U-) Lr) LO Q0 1-4 th ul to t!} vi- V)- 4 U 411 4 J CD C) CJ Ck C 1 CN CD N 00 C) CD c v41 ` CJ C Ca CD G! w r. ., w 110 � M c3i � ct � d � ra V.I.. 'Iz to to rrr a w co U G U C tv - 4 > G W o ri U H �4 tGU A -) O O N +� 4J 0) tat bi t?� Et (1) U > U � � 44 4 i 4-4 4-4 4-i 4-i 4 4 �4Ua G rte m m 4-s + +-i 4 t 4- i r� CO d U m +-) > W U a �4U H 4J � � U �4 i q 4.1 4-� t) p H � ;+ 2 rtl ,z fl 41G U O is U Ca a 4a CO fl U) uCll -I U C3 44 sw ( U� G U ri G o t r i W F tU i GS G4-4 fl P+ Q3 ji G art —s p —i artt4 Gri o 0 U) 1.o U r`. CJ � � CCY 4-4 i G 4 C) t � t � i m 4-t M -r-i (1) M G S M G N M O M ro C7 �4 r-4 N M m U 3 U cv -r-i -) N U} -r-4 N 4} cv tll ct# G G >1 N w w a> , t j ii tU -r-i Gr+ U � t4 p4 � 0. E a o G aJ M otsty ms `µ Sv} �- c 0 -rl SCJ) �am aJCt 4-) 0') 0')cr) d a CT 0 r> f a A M U-) -t TO: BOARD OF SUPERVISORS fconual FROM: DENNIS M. BARRY, AICD - costel COMMUNITY DEVELOPMENT DIRECTOR r' ' counly` DATE: June 23, 1998 SUBJECT: CHAIR SIGNATURE FOR NEW LEGAL CONTRACT FOR SAN LUIS DRAIN LITIGATION, SUMNER PECK LIANrelj, ET A . V .S. BUREAU OF E LAMA I N T AL., PARTIALLY CONSOLIDATED WITH FIREBAUGH CANAL COMPANY, ET At. V. UNITED SATES, ET AL., IN THE UNITED STATES COURT OF APPEALS FOR NINTH CIRCUIT, CASE NOS. 95-15300 AND 95-16641 SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND & JUSTIFICATION RECOMMENDATIONS AUTHORIZE the Chair of the Board of Supervisors to sign a $25,000 contract with the California Environmental Law Project for legal services regarding the potential extension of the San Luis Drain. FISCAL IMPACT Previous Board action on May 5, 1998 authorized $25,000 of Water Agency funds to cover the costs of this new contract. Overall legal expenses in this case are shared with three other litigation partners. BACKGROUNMREASONS FOR RECOMMENDATIONS Previous Board action on May 5, 1998 authorized this legal contract and the funds necessary to implement it, but did not specifically authorize the Chair to sign. The May 5, 1998 Board Order and the legal contract are attached. CONTINUED ON ATTACHMENT: YES SIGNATURE: Z fin RECOMMENDATION OF COUNTY ADMINISTRATOR� RECOMMENDATION OF BOARD COMMITT E APPROVE __ OTHER SIGNATURE(S): 1'ed6 >1151 ACTION OF BOARD ON APPROVED AS RECOMMENDED ,/ OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A UNANIMOUS (ABSENT TRUE AND CORRECT COPY OF AN AYES:. . . NOES: ACTION TAKEN AND ENTERED ON THE ABSENT: ABSTAIN: MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. Contact: John Kopchik, CDD (335-1227) ATTESTED JUN 2 3 19.996 Orig: Community Development Department PHIL BATCHELOR, CLERKOF cc: CAO THE BOARD OF SUPERVISORS County Counsel AND COUNTY ADMINISTRATOR BY >DEPUTY hAjkopcljohn-old\s#d$incr.bo2 }J ' 00 r Centra TO: BOARD OF SUP'E'RVISORS Costa FROM: DENNIS M. BARRY, ACCP 98 p4A y All 11. 32 County COMMUNITY DEVELOPMENT DIRECTOR MATE: May 5, 1998 SUBJECT: INCREASED FUNDINGIFOR SAN LUIS DRAIN LITIGATION. SUMMER PECK ,RANCH, ET AL M. U.S. BUREAU OF RECLAMAIION, ET AL., V. UNITE12 STATES. ,ETA IN THE UNITED STATES COURT OF APPEALS FOR NINTH CIRCUIT, CASE NOS. 35-15300 AND 85-16641 SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOM AUTHORIZE a new contract with the California Environmental LawProject for legal services regarding the San Luis Drain; AUTHORIZE up to a maximum of$25,0300 of additional Water Agency funds for this purpose. EIS AL I11 PAP This action would increase the cunvnt$25,000 allocation of Water Agency funds for outside legal services in this matter by an additional $25,000 to reach a total of $50,0030. To date, the County hasspent $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 RECOMMENDATIM OF COUNTY ADMINISTRATOR RECt?WMENDATION OF BOARD CDM iTTEE APPROVE OTHER SIGNATURE(S):Y&JV4 ze-lek, �ff� ACTION OF BOARD ON v5 � g gr__ 12 APPROVED AS RECOMMENDED OTHER'' VOTE OF SUPERVISORS ZI HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS (ASSENT } AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE ABSENT: ,ABSTAIN': BOARD OF SUPERVISORS ON THE DATE SHOWN. Contact: John Kopchlk, COD(510) 335-1227 ATTESTED,,,,, cc: `Community Development Department (CDD) PHIL BATCH LOk CLERK OF CAO THE BOARD OF SUPERVISORS County Counsel AND COUNTY ADMINISTRATOR Auditor-Controller BY , DEPUTY San Luis Drain Litigation Funding increase May s,1688 #gage 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 for 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 $14,000} and to provide a reserve for contingencies. Attachments: 1) Contract for legal services 2) 12129197 memo from the California Environmental Law Project regarding past and projected litigation costs 3) 10122197 memo from Dennis M. Barry, CommunityDevelopment Director, regarding summary of San Luis Drain litigation H:V opcgohn-oJd\s1d$incr.bo J A-- C45581-00 7825-2310 clkf !C -N`MACT FOR LEGAL SE1_UCFS 1. PA_rties and Effectiye Date, Effective January, 1 , 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. Terni The term of this agreement shall be from the effective date through the completion of all assigned tasks described herein. 3. Atto=y's Qbligations. (a) Attorney shall provide legal services in the litigation now pending entitled Sumner Peck Ranch, et aL v U.S. Bureau of Reclamation et aZ, partially consolidated with Firebaugh Canal, et at a 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 resettlement 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 May 12, 1998 Sumner Peck Litigation page 2 a. For legal services: Laurens Silver $225.04 per hour; Kelley Drumm $ 130.04 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(2 5)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 Water 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. filling an !a==nt. 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. Independent Conlr car 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. Subcontract and Assig'=enl. 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. Records. 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 May'12, 1998 Sumner Peck Litigation page3 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. 14. Conflicts of In Brest. 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. Temnation. This contract may be terminated by Agency, at its sole discretion, upon three day written notice to Attorney. 12. Entire izree : 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 7554. COUNTY OF CONTRA COSTA CALIFORNIA ENVIRONMENTAL 1AkW PROJECT ZP, By: y y By: Chair o 'the Boar�'r T ager Identi cation No.: u 33-4631484 By: r 12x� Ai& County Counsel Approved: County Administrator By: Designee DJS:dj HAGR0UPS\STAFFSANL1AS.W PD