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HomeMy WebLinkAboutMINUTES - 03072000 - C.158-161 F 4': Contra TO: BOARD OF SUPERVISORS Costa FROM: Ronald A. Wetter, Executive Director Caunty Interim Workforce Investment Board ; .. `X DATE: February 23, 2000 SUBJECT: APPROVE and AUTHORIZE the Contra Costa County Workforce Investment Board authority over Job Training Partnership Act grants and State and Department of Labor Welfare-to-Work Grants. SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDED ACTION: APPROVE and AUTHORIZE the Contra Costa County Workforce Investment Board authority over Job Training Partnership Act grants and State and Federal Department of Labor Welfare-to-Work Grants previously under the auspices of the Interim Workforce Investment Board and the Private Industry Council. FINANCIAL IMPACT: No County costs. All funds covered in this action derive from State and Federal sources. BACKGROUND: On December 7, 1999, the Board designated the Contra Costa County Private Industry Council as the Interim Workforce Investment Board (Item C. 27) to serve until the appointment of the permanent Workforce Investment Board. The companion Board Order from the Internal Operations Committee {Item# } establishes the Workforce Investment Board and appoints its members. This action will allow the Workforce Investment Board to continue providing policy guidance to Job Training Partnership and Welfare-to-Work grants previously under the auspices of the Interim Workforce Investment Board and its predecessor, the Contra Costa County Private Industry Council. CONTINUED ON ATTACHMENT: YES SIGNATURE:Q-a=tf I aE� RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION 4 BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON March 7 2000 APPROVED AS RECOMMENDED XX OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE XX UNANIMOUS(ABSENT — — — — — — ) AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. ATTESTED March 7, 2000 PHIL BAT HELOR,CLERK OF THE BOARD OF SUPERVIS ND COUNTY ADMINISTRATOR Contact NA�;� ,,�.�.;, cc: JOHN CULLEN,DIRECTOR,ENSD BY DEPUTY EHSD(CONTRACTS UNIT)-TM COUNTY ADMINISTRATOR !h' C. Contra TO: BOARD OF SUPERVISORS Costa FROM: Warren E. Rupf, Sheriff-Coroner County DATE: February 15, 2000 SUBJECT: POLICIES& PROCEDURES FOR THE OFFICE OF THE SHERIFF'S ELECTRONIC HOME DETENTION PROGRAM SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I. RECOMMENDED ACTION: ADOPT Policies and Procedures of the Office of the Sheriffs Electronic Home Detention Program. II. FINANCIAL IMPACT: NONE. Ill. BACKGROUND/REASON(S) FOR RECOMMENDATION(S): Penal Code Section 1203.016(d)(1)specifies that the rules, regulations and administrative policy of the Electronic Home Detention Program shall be written and reviewed on an annual basis by the County Board of Supervisors and the Correctional Administrator. No changes are recommended to the Policies & Procedures adopted in1999. IV. CONSEQUENCES OF NEGATIVE ACTION: The Sheriff is unable to operate and Electronic Home Detention Program without the Board adopting Policies & Procedures for the Program annually. Without the Program, the inmates would have to be kept in custody, dramatically increasing County costs. CONTINUED ON ATTACHMENT: NO SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR _ RECOMMENDATION O OARD COMMITTEE APPROVE OTHER F SIGNATURE (S): a2z-.4i ACTION OF BOARD O APPROVED AS RECOMMENDED XX OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE XX UNANIMOUS (ABSENT_ - - - - - - } 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 Person:Kathy Martin 5-1529 CC: Sheriff-Coroner ATTESTED Xakd i 7, 2-000 CAO,Justice System Administration PHIL BATC ELOR,CLERK OF THE BOARD OF SUPERVIS ND COUNTY ADMINISTRATOR B DEPUTY CONTRA COSTA COUNTY OFFICE OF THE SHERIFF CUSTODY ALTERNATIVE FACILITY POLICIES AND PROCEDURES 2-2 ELECTRONIC HOME DETENTION PROGRAM (Effective 4/1/99; Replaces 2/9199) POLICY. The Sheriffs Office commitment to utilize resources to their best potential, necessitates a strong, progressive Electronic Home Detention Program which maximizes alternatives to traditional Incarceration while insuring public safety. The EHD Program provides for public safety, maintains judicial confidence,and allows the offender/participant to be a contributing member of society while completing the court's sentence. REFERENCE (6) hours per week of free time can be M.S. Title 15, Section 1050 approved, normally after the participant's Penal Code Section 815, 830.1, 840, program compliance has been assessed. 1203.016, 1208.2, 1208.5 1. Private EHD - The Penal Code specifically states that "all privately opperated home GENERAL INFORMATION detention programs shall be under the PROGRAM CONCEPT jurisdiction of, and subject to the terns and The EHD Program a ows selected individuals conditions of the contract entered into with having a County Jail commitment to participate the correctional administrator". The Sheriffs in a home detention program administered by Office entered into a contract with the Sheriff. The home detention participant is Sentencing Concepts in 1996 for the closely. supervised, utilizing personal purpose of providing private EHD services supervision and electronic monitoring for sentenced individuals who reside outside equipment. the County. The contract was subsequently The program is voluntary and participants are approved by the Board of Supervisors. C given the opportunity to apply via a court the private contractor approved referral. Participants are limited statutorily to Sheriff/Board of Supervisors is authorized to those defined under Section 1203.016 of the enroll sentenced Contra Costa County Penal Code and are screened ensuring they individuals after program acceptance. meet the program's selection criteria. Eligibility,conditions, rules and requirements Applicants are selected who can benefit from a contained in this policy are applicable to tightly structured program, allowing them to participants on private EHD. Fees will be return to specified community programs and assessed In accordance with the contracted work. The supervision in the program is price with the private EHD company after an individually structured to provide the participant initial application fee. The daily with appropriate support to be successful; maintenance fee is the higher of $15.00 or safety to the community being paramount. The one hour gross salary. support afforded by the program is essential to Alicants must have at least a forty-five prompt participants to be more productive and day net sentence. No Good TimeMork to develop a self-reliant lifestyle that would curb �T)) me credits will be given to private EHD recidivism and create an enhanced sense ofparticipants. self-esteem. Within their ability to pay, 2. Pre-Sentenced EHD - Developed to allow participants pay for their own care as well as flexibility in the judicial system to place program administration and supervision costs. unsentenced individuals on electronic monitoring as a condition of their own GENERAL INFORMATION recognizance (O.R.). PROGRAM OVERVIEW Defendants must apply for the pre- The re-T e EHD Program is considered a constructive sentenced EHD program from custody and custody situation with participants being will only be granted an O.R. release to go accountable for all of their time. The baseline is into the program from custody. twenty-four(24)hours home detention. initially, Individuals will be placed on pre-sentenced program participants may only leave their EHD as stipulated by,a court order if deer residence for work, school and other pre- eligby the Sheriffs Office. The follow approved necessities of life. A maximum of six pen dinibleg charged crimes will exclude program participation: 10 d 1.5137 CONTRA COSTA COUNTY OFFICE OF THE SHERIFF 3 CUSTODY ALTERNATIVE FACILITY POLICIES AND PROCEDURES * sex crime against a minor warrantless search and seizure by law * felony sex crime enforcement personnel. * arson The Court will develop and utilize a minute * manufacture of illegal drugs order that will provide for an O.R. release * act of violence against policy or upon acceptance Into this program. This will emergency personnel be created at the time of the court order and * any violent felony crime as defined in it will be forwarded to CAF. It will contain a P.C. 667.5(c) recitation of the O.R. understandings and the * an serious felony defined in P.C. credit waiver. 1192.7 Fees will be assessed in accordance with * stalking crime current CAF policy. * three or more crimes involving violence No Good TimeMork Time credits will be * additional charges pending in any other given to Pre-Sentenced EHD participants. court GENERAL INFORMATION * violations of Vehicle Code Sections ELIGIBILITY CRITERIA 2800.2/2800.3 ow risk, minimum security offenders who Program admission may be denied by the are sentenced on all in-county charges, and Court or Custody Alternative Facility (CAF) have not been denied or restricted staff on a case by case basis if investigation participation by the court. discloses the applicant has been convicted 2. upon application for EHD, applicants who or shows evidence of any of the followingg: V have been sentenced must have a * involvement in major drug sales and/or commitment of at least forty-five (45) net possession of large quantities of illegal days to be eligible. drugs 3. Applicants must be a Contra Costa County * failures to appear and failures on resident or live within a reasonable travel probation, parole, or other out-of- distance from the county border and have a custody programs telephone. * addiction to drugs or alcohol 4. Individuals with the following convictions are * mental disorders not eligible for the EHD Program: sex crimes * escape risk against minors, felony sexual crime, arson, * history of institutional misconduct manufacturer of illegal drugs, acts of * gang membership Or affiliation violence against police or emergency * out-of-county hold personnel, a violent felony crime, a stalking * alleged prior"strike" convictions crime, three or more violent crimes, or * such other factors as determined by the charges pending (anywhere) that, if Court or CAF staff to apply to a convicted, would make the person ineligible. particular case 5. Applicants who display the following may not All individuals violating terms, conditions be eligible for the EHD Program: and requirements of the program will be uncooperative nature based upon history of removed from the program, and be mental instability,habitual social misconduct, immediately arrested and returned to addiction to Illegal drugs or alcohol, custody. possession of weapons or illegal drugs in In order to maximize options for the jail, being a major drug dealer, felony driving sentencing judge,a condition of participation under the influence, history of violence, in this program is an advance on the record failure to appear in court or for other court waiver of all custody credits covered under ordered programs, flight risk (i.e., escape P.C. 2900.5 that would accrue while the from confinement), parole, or other Custody defendant is on this program. Alternative violations, child abuse, evidence The District Attorney will be given two court of deviant or strange behavior, or serious days notice of the Court's preliminary nature of any other felony or misdemeanor determination of program eligibility on any or prior record. The CAF Director may make felony and they will have the opportunity to exceptions when circumstances clearly appear in court and argue against referral to warrant such an action, and the Custody this program. This will occur pn`,or to any Services Bureau Commanderwill be advised referral to CAF. of any exception. Defendants on this program will consent to 11 CONTRA COSTA COUNTY OFFICE OF THE SHERIFF Y CUSTODY ALTERNATIVE FACILITY POLICIES AND PROCEDURES applicant. If unsigned it will be returned H. Obtain a urine samplefrom the to the applicant for signature before applicant to determine recent beginning the investigation. substance abuse and to verify the B. Confirm applicant has no pending applicant's veracity to interview charges, warrants, judge's program questions. All pre-custody urine tests denial or holds which would preclude the will be accompanied by a Substance applicant's participation. Abuse Waiver form. C. Request a copy of the probation and/or 1. Discuss the terms and conditions of the arrest reports from the applicant or their EHD program with the applicant. attorney when practical. Explain the basic operation of the D. Obtain necessary CII/FBI/DMV rap monitoring equipment. The applicant sheets. will be required to sign that he/she E. As ap ropnate, contact the sentencing understands the EHD program rules. judges), Probation Officers, arresting agency, victim(s) or custody staff for PROCEDURE 3 program recommendations. REVIEW THE APPLICATION F. Set an interview appointment. Attempt 1. a case manager will make a telephone contact with applicant. determination of the applicant's eligibility, G. Contact the employer and/or school for suitability and acceptability. verification. 2. __ iElia�i.b_i_li�r H. Application processing will generally take This determination is based upon a set of a minimum of twenty-one (21) calendar documented, objective criteria. Criteria is days to complete. Advise the applicant based on an assessment in general that this may be necessary as stipulated categories including, but not limited to: in the application waiver and that the A. The sentencing judge has specifically employer may be advised of the ordered that the applicant may/may not convicted offense. apply for the EHD program. The judge 2. The interview with the applicant may may, at a later time, order a participant include the following: be removed from EHD participation. A. The applicant is to provide, when B. Administrative policies which may necessary: disquali y the applicant, including those A current pay stub or other evidence crimes listed as not acceptable. of wage status. C. There are other pending charges *A job description in writing. (except minor traffic). Any exceptions *A transportation plan in writing. will be handled on an Individual basis. *A financial budget statement. D. Out-of-county holds (except minor B. The budget statement is used solely traffic): Any exceptions will be handled for the purpose of verifying the on an individual basis. applicant's wage earnings and E. Safety of the public. capabilities. Under no F. Criminal history including failure to circumstances will this information be appear and failures on probation or used for either approving or denying parole. the applicant. G. Facts of the committed offense. C. Discuss the circumstances of the H. A verifiable/suitable local residence. offense. I. Appropriate telephone and electrical D. Discuss any programs relevant to connections in the residence. Specific problem areas that the J. Any adults residing with the program applicant may be required to attend participant must agree in writing to Mile on the EHD program, i.e., AA, NA. accept the use of the EHD equipment Advise the applicant of the necessary in the residence. documentation required to verify K. Past program failures or rejections will program attendance and compliance. be evaluated on an individual basis. E. Advise and discuss appropriate L. Employment history and a willingness reporting instructions. to comply with work requirements are F. Discuss any unique problems relative to key elements of the EHD program: the individual applicant. M. Individuals with state prison G. Photograph the applicant. commitments are not eligible for EHD. 13 CONTRA COSTA COUNTY OFFICE OF THE SHERIFF CUSTODY ALTERNATIVE FACILITY POLICIES AND PROCEDURES must have at least a forty-five (45) day suitable and acceptable for participation in EHD net sentence to serve. program, the case manager will ensure that the The court will require applicant to report following procedures occur: to CAF within three(3)weeks from date 1. Schedule the applicant to appear at the of sentencing. Exceptions will be CAF on the specified commitment day and evaluated on an individual basis. time for booking and EHD processing. J. Discrimination on the basis of sex, race, Approved applicants will be enrolled in the creed or national origin is prohibited. program as expeditiously as possible. 7. The EHD case manager will detail their 2. If the applicant does not have a specked recommendations on the investigation form. commitment date, schedule the earliest 8. The CAF Sergeant or their designee will possible date and time convenient for the review all denied files and return the file with booking and installation process. their recommendation(s) to the case 3. Complete the booking process per the Jail manager for further processing. Management System procedures. 9. Case managers may not make a 4. Secure signed program forms: determination of "denied, except as EHD agreement. provided by the following: * EHDaquipment receipt. A. Denied participation by the sentencing * Budget/financial statement. Judge. * Fee agreement. B. The participant has been convicted of a * Field supervision log. crime ineligible for EHD. * Tenant agreement(to be signed by joint Such denials are subject to conditions tenants at the residence). which may change. The EHD clerk will * Thumbprint to be placed on booking subsequently forward written notification sheet and EHD form. to applicant specifying that they are * Send to CIS for fingerprints denied pending" a change in the (commencement of program will be held circumstances causing the denial. They in abeyance pendia receipt of CIS may cause a re-evaluation of the fingerprint verification. application. 5. Complete EHD electrical hookups per In such cases, the case manager will manufacturer's directions, including: render the disposition, then forward IN THE OFFICE fReference Procedure 7) the file to the CAF Sergeant for A-6ata entry of schedule (by case review. manager). Applications may be referred to B. Anklet installation (confirm functioning Parole, processed for transfer to a status). reciprocal agency, or referred to the C. Initialize home receiver. authorized private electronic home D. Collect fees equivalent to first and last detention contractor. All week total. referrals/denials must be approved AT THE RESIDENCE (by Deputy) through the CAF Sergeant or E Test the telephone and electrical Director. connections if necessary. F. Connect the receiver as required and GENERAL INFORMATION test functioning. EVALUATION OF THE APPLICATIONS . 6. Give a copy of the field supervision log to There are four (4) acceptable ecisions when the CAF Account Clerk ensuring accurate evaluating an application for EHD participation. accounting of all fees due and/or They are: receivable. * Approved. 7. The EHD Senior Clerk will send written * Approved pending some future notification of program status to the occurrence or compliance. sentencing judge and to the resident law * Denied. enforcement agency. * Denied pending a change in the circumstances for denial. PROCEDURE 5 DENIED APPLICATIONS PROCEDURE 4 1. Relating to a recommendation for denial, APPROVED APPLICATIONS the case manager will consider those When an applicant iiseemed to be eligible, special concerns relative to the public 15 CONTRA COSTA COUNTY OFFICE OF THE SHERIFF CUSTODY ALTERNATIVE FACILITY POLICIES AND PROCEDURES but not limited to: B. Ensure and verify that listed personal * Copy of transcripts from the information is current. applicable school and from schools C. Obtain prooram fees as necessary. previously attended, if necessary. D. Initiate testing for drugs/alcohol. * A computer printout of the current E. Discuss and address, when practical, class schedule. any areas of concern or problems. B. Applicants may be required to provide 4. Field Deputies will periodically verify documentation of consistent attendance program compliance by visiting participant's including class grades earned. work/home locations. Case managers may C. Applicants are encouraged to maintain be called upon to assist in this verification some sort of gainful employment, even process. part-time, while attending school. D. When applicantsare enrolled at PROCEDURE 7 campuses maintaining and operating EQUIPMENT INSTALLATION - FINAL their own police agency, the case ORIENTATION manager may advise that agency of the he case manager will perform the initial applicant's program participation. installation of the transmitter and receiver in E. Full-time attendance(12 semester units) conformance with the manufacturer's equipment is considered the standard. instructions. F. Classes will be evaluated to determine 1. The case manager will: their appropriateness and consistency A. Confirm that the applicant has provided with the efforts of the participant to all necessary documentation not enhance or better their level of secured during the investigation and/or education. interview. 3. OTHER PURPOSES B. Confirm that circumstances have not A EHD participation may be permitted for changed since the approval date; i.e., other reasons which can be verified as new job, different transportation, etc. necessary and reasonable. Some C. Make any necessary referrals; i.e., include: Alcoholics/Narcotics Anonymous, etc. * Child care which cannot otherwise D. Insure program fees are collected as be reasonable provided. appropriate. * Necessary medical care which E. Review the curfew schedule with the cannot be practically afforded or participant administered in the county's F. Ensure that the participant has read and detention facilities. signed the EHD agreement. B. Reasons must be consistent with the G. Explain that in cases of emergency program philosophy regarding a involving the physical well-being of productive and/or necessary purpose. either the participant or family member, the participant may attend to that matter GENERAL INFORMATION immediately. In this case, they must SUPERVISION OF EHD PARTICIPANTS provide verification when the crisis has . he case manager's primary responsibility is passed and attempt to notify the case the supervision of program participants. manager by phone as soon as practical. 2. Case managers havethe primary responsibility to supervise assigned participants. They will assist other case GENERAL INFORMATION managers, if necessary. CURFEWSCIJEDULES 3. Case managers will be available to meet 1. Curfew scheduling is the responsibility of with and counsel participants at regularly the case manager. Individual schedules scheduled times, generally weekly, through are tailored to the needs of the participant telephone contacts and office visits. These and maintained in the main and home meetings will also be utilized to assess the program computers. Curfew parameters program compliance. No longer than two are established on the first day of program weeks should elapse between office visits. participation and may be modified as The case manager will: necessary. A. Obtain and verify any required Schedules will be printed out from the documentation of program compliance. computer and placed in the participant file 17 CONTRA COSTA COUNTY OFFICE OF THE SHERIFF 7 CUSTODY ALTERNATIVE FACILITY POLICIES AND PROCEDURES all assigned participants daily as soon as 6. Case managers, with the consent of the they report for work. During any absence, Sergeant, may take inmates into custody case managers will arrange for another staff and may, under specific conditions as member to assume this responsibility for determined by the Sergeant or Director, their participants. transport an Inmate to the MDF. 7. When It is apparent that a participant has PROCEDURES absconded from supervision, all electronic ELECTRQNIC MONITORING VIOLATIONS monitoring equipment shall be removed Case managers are responsible for the from the participant's residence. The case immediate investigation and disposition of manager Wil document the incident. all violations. When the nature of a violation The CAF Director or Ser sant will initiate a has been ascertained, a telephone or home Sheriffs Order for ArrestOFA)to return the contact will be made, when appropriate. participant to custody. he ergeant will 2. Case managers will promptly advise the direct a Deputy to write an Escape Report CAF Sergeant or Director of all major and also will forward it for a criminal incidents. Major/serious incidents shall be complaint. documented on an Incident Report form. OTHER VIOLATIONS 3. Curfew violations extending more than ten 5. Due to the custodial nature of the EHD (10) minutes require the case manager to program, any type of controlled counsel the participant, and the serious substance/alcohol use is prohibited. Any nature of the violation will be made clear. partici ant who submits a positive test for Such violations may constitute grounds for use of controlled substance or alcohol is program removal. In all cases Involving subject to removal from the EHD Program. program removal, an Incident Report will be 9. A positive test for drug/alcohol use will prepared as supporting documentation. result in an Incident Report and immediate A. A sin le curfew violation exceeding review by the case manager and will be thirty {g30) minutes may be grounds for brought to the attention of the CAF program removal. Sergeant. The results of the test will be B. Any criminal violation Wil constitute discussed with the participant and will immediate program removal. include the circumstances and extent of 4. An unauthorized tamper report may use. constitute grounds for removal from the Based upon the participant's history of program. Reports of tamper or other program compliance, personal history and equipment failure will be handled as overall attitude, the case managerwill make follows: a decision to counsel or recommend the A. Check the computer to verify if the participant's program removal. reported condition still exists. A. A decision to counsel the participant Wit Telephone contact will immediately be result in a re-evaluation of the required attempted to resolve the reported counseling needs, supervision problem. parameters and frequency of testing to B. Absent an response,the case manager negate future positive tests. Wit l carefully consider and evaluate: B. All future drug/alcohol tests will be The necessity for a personal charged to the participant at a rate of response to the residence. $14.00 per test if the participant remains The need to obtain police assistance in the program. from the local agency or a CAF C. The participant may be returned to Deputy. Case managers will not physical custody prior to a Disciplinary respond alone whenever their safety Hearing, if deemed necessary. is in question. 10. Arrest and removal from the EHD 5. When a case manager believes a violation Program will be necessary and necessitates the participant's return to mandatory whenever a participant is: custody, he/she will notify the CAF Sergeant A. A danger to him/herself who will make the final decision. He/she will B. A danger to any other person. direct the Deputy to respond to the location C. Likely . to abscond from EHD or obtain assistance from the local law supervision. enforcement agency, if an arrest is warranted. 19 CONTRA COSTA COUNTY OFFICE OF THE SHERIFF CUSTODY ALTERNATIVE FACILITY POLICIES AND PROCEDURES B. At the Court's request, they will be notified if the defendant fails to Comply, or otherwise violates Conditions of the program. 8. Staff will make a reasonable effort to ensure compliance even if the PTA form is incomplete. The same procedureswill be followed as if the PTA form were Complete. A. The defendant's failure to comply with subsequent notices will cause the commitment to be retumed to the court for further disposition: B. An OFA cannot be issued without a completed PTA(signed and witnessed). C. Any commitments sent back to the court for disposition will be accompanied by information advising the court: * The defendant has failed to comply with CAF's notice to appear. * CAF cannot issue an order for the defendant's arrest because the PTA is incomplete. * The defendant is unsuitable and denied for EHD participation. 21 - Contra TO: BOARD OF Costa FROM: PHIL BATCHELOR County County Administrator DATE: March 7, 2000 SUBJECT: EMERGENCY UPGRADE OF COUNTY TELECOMMUNICATIONS INFRASTRUCTURE Specific Request(s) or Recommendations) & Background &Justification RECOMMENDATIONS: DETERMINE there is a need to continue with the emergency action continued by the Board on February 15, 2000 on the Emergency Upgrade of County Telecommunications Infrastructure. FISCAL IMPACT: { The financial impact remains as stated to the Board on 10/26/99. REASONS FOR RECOMMENDATION/BACKGROUND: On 10/26/99 the Board acknowledged that an emergency exists related to the seismic safety of the County telecommunications infrastructure and that the emergency will not permit a delay resulting from competitive solicitation of bids, and delegated to the County Administrator, or designee, authority to immediately proceed with implementation of the "high priority actions" recommended by C.S.I. Telecommunications, Inc. The County Administrator's Office in conjunction with the County Telecommunications Division is currently proceeding with the delineation of specifications for the required work, as well as the identification of appropriate vendors to complete the work. This item was noticed 11/16/99, 1217/99, 1/11/00, 2/1/00 and 2/15/00. Continued on Attachment: YES Signature: Recommendation of County Administrator Recommendation of Board Committee Approve Other Signature(s): Action of Bo d n: March 7, 2000 Approved as Recommended: XX Other: Vote of Supervisors: I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN -XX Unanimous(Absent _ _ -) AND ENTERED ON THE MINUTES OF THE Ayes: Noes: ) BOARD OF SUPERVISORS ON DATE SHOWN. Contact: George Roomer(925-335-1055) Attested: March 7, 2000 cc: County Administrator Phil Batchelor,Clerk of Bob Fraga, County Telecommunications the Board of Supervisors C.S.I.Telecommunications, Inc. (Via CAO) and County nistrator By.i , DEPUTY TO: BOARD OF SUPERVISORS �:. t.,,. CONTRA FROM: PHIL BATCHELOR, COUNTY ADMINISTRATOR COSTA COUNTY DATE: March 7, 2000 SUBJECT: Juvenile Hall Renovation, Tamalpais Wing, 202 Glacier Drive, Martinez (WH399B) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION SI DETERMINE that there is a need to continue the emergency action taken by the Board on August 10, 1999 pursuant to Public Contract Code Sections 22035 and 22050, to complete the Juvenile Hall Renovation, Tamalpais Wing project at 202 Glacier Drive, Martinez. FINANCIAL IMPACT Funding for this project has been budgeted. Per the Board's authorization on August 10, 1999, County Counsel is pursuing appropriate legal remedies against Patrick M. Donaghue, Insurance Company of the West and any other parties responsbile for damages and expenses incurred by the County in excess of the previous construction contract balance. BACKGROUND 1. On December 1, 1998, the Board awarded the construction contract for the Juvenile Hall Renovation, Tamalpais Wing (Tamalpais) project, located at 202 Glacier Drive, Martinez to Patrick M. Donaghue (Donaghue) for $1,034,570. The contract required the placement of a considerable amount of exposed concrete within specified tolerances, consistent with industry standards. 2. Donaghue performed extensive concrete work that was seriously defective. The resulting work threatened to compromise the security and appearance of the facility. Donaghue repeatedly failed to either remove the defects or develop a viable plan for their correction. On August 10, 1999, the Board declared Donaghue to be in material breach and t inated Donaghue's rights under the contract. CONTINUED ON ATTACHMENT: X_YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATI N OF B OMMI EE APPROVE OTHER t SIGNATURE{S}: ACTION OF BOA N y APPROVED AS RECOMMENDED XX OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A XX UNANIMOUS{ABSENT — _ _:J TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ABSENT: ABSTAIN: _ ON MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. ATTESTED March 7 , 2000 PHIL BATCHELOR,CLERK OF THE DoOF SU VISORS BY ,DEPUTY Contact: cc: See Page 2 BACKGROUND (continued} 3. On August 10, 1999, the Board declared that, due to the public safety threat posed by the temporary closures at the project, and due to the possible loss of state grant funding, a state of emergency exists. Furthermore, the Board delegated authority to the County Administrator or designee to complete the project and to enter into contracts without the need to re-solicit competitive bids. 4. The County received the bonding company's (Insurance Company of the West; "ICW') response to the County's claim on November 5, 1999. In its response, ICW recognized the seriousness of the defective work and recognized that it likely will cost the County at least $510,985.05 over and above the contract price to fix the defective work. Despite this, ICW gave two unreasonable alternatives to the County—either accept back the original contractor (Donaghue) who did the defective work or accept a "low ball" payment of $118,004.31. ICW s bad faith response amounts to a rejection of the County's claim. Therefore, the County is left with no viable choice but to hire its own contractor to properly complete the contract work in strict accordance with the plans and specifications. This will involve removing the defective construction down to the slab and rebuilding the concrete from that point up. 5. On November 30, 1999, the County Administrator's Office executed a contract with Taber Construction of Martinez for the completion of the project, and issued a Notice to Proceed effective December 6, 1999. The contract amount is $1,198,435, and the contract duration is 150 calendar days. Contact: George Roemer, CAO—County Construction Administrator (5-1055) cc: CAO Finance Auditor/Controller GSD (Accounting)—Terry Mann O'Brien-Kreitzberg Inc. (via CAO)