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HomeMy WebLinkAboutMINUTES - 06272000 - C40-C44 TO: VOARD OF SUPERVISORS t CO4d FROM: Ed Meyer, Agricultural Commissioner Costa+ Director of Weights & Measures '} � DATE: June 27, 2 0(7 County 0 �r SUBJECT: State Contract - Fiscal Year July 1, 2000- June 30, 2001 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOHMNDATION Authorize the Chair, Board of Supervisors, to sign a contract with the Department of Pesticide Regulation. Contract No. 00-0010L proposes to reimburse the County $61, 828 for work activities relating to the enforcement of pesticide regulations . BACKGROUND The County Department of Agriculture enforces Pesticide Regulations and Worker Safety Regulations pertaining to pesticide use. The State reimburses the County for regulatory activities which exceed historical levels. CONTINUED ON ATTACHMENT: a YES SIGNATURE: , IRMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): &4 zzitg:A ACTION OF BOAR N �. ,I-'-*— A 0 OO APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS 2J 1 HEREBY CERTIFY THAT THIS IS A TRUE 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-aC4 h f -2 '�_ -Z b fJ Contact: V. Guise 6-5250 PHIL BATCHELOR.CLERK OF THE BOARD OF cc: Administrator SUPERVISORS AND COUNTY ADMINISTRATOR Auditor-Controller BY ! + CXj.A-AX--­) ,DEPUTY STATE OF CALIFORNIAy ` STANDARD AGREEMENT ''STD 213(AW 03!48) AGREEMENT NUMBER AMENDMENT NUMBER 00-0010L l. This Agreement is entered into between the State Agency and the Contractor named below STATE AGENCY'S NAME DEPARTMENT OF PESTICIDE REGULATION CONTRACTOR'S NAME CONTRA COSTA COUNTY 2. The term of this Agreement is: JULY 1,20004UNE 30,2001 3. The maximum amount 61828 izty-one thousand eight hundred twenty-tight dollars of this Agreement is: 4. The parties agree to comply with the terms and conditions of the following exhibits which are by this reference made a part of the Agreement: Exhibit A-Scope of Work 3 Pages(s) Exhibit B-Budget Detail and Payment Provision 1 Pages(s) * Exhibit C-General Terms and Conditions GTC6/99 6/99 u e-r ""'(Dat0d) .. _ Exhibit D-Special Terms and Conditions N/A Pages(s) Exhibit E-Additional Provisions N/A Pages(s) Approved by Secretary/CECT Per memorandum dated Oct. 78. 1994 *Fiew at www.dgs.cagovlcontracts IN WITNESS WHEREOF,this Agreement has been executed by the parties hereto. CALIFORNIA Department of General Services Use Only CONTRACTOR'S NAME(If other than an inidividual,state whether a corporation,partnerhsip, etc.) CONTRA COSTA CO Y BY(AuthorizedSi ture PRINTED NAME TITLE OF P N SIGNING Donna Gerber, Chair ADDRESS 2366 A.STANWELL CIRCLE DEPT. OF GENERAL SERVICES CONCORD CA 945204804 APPROVAL NOT REQUIRED PER STATE OF CALIFORNIA CONTRACT EXEMPTION APPROVAL AGENCY NAME I`11_E N o. 74.1 DEPARTMENT OF PESTICIDE REGULATION BY(Authorized Signature) DATE SIGNED PRINTED NAME AND TITLE OF PERSON SIGNING ADDRESS 830 K STREET,ROOM L-3 SACRAMENTO,CA 95814-3510 �Excmpt per I Agreement No. 00-001 OL Exhibit A—Page 1 of 3 County of Contra Costa SCOPE OF WORK 1. This agreement is entered into by and between the Department of Pesticide Regulation(DPR), Pesticide Enforcement Branch, 830 K Street,Room 401, Sacramento,California 95814-3510 and Contra Costa County,2366 A Stanwell Circle,Concord,California 94520-4804,for enforcement permit regulations according to the California Code of Regulations based on work years involved. 2. The Director will subvent to the County a sum of money for increased cost involved in implementing and enforcing pesticide permit regulations established by the California Code of Regulations, Title 3, Division 6, Chapter 2, Subchapter 4,Article 3, Section 6428. County will be reimbursed for enforcing permit regulations according to the CCR based on work years and workload involved. 3. The project coordinators during the term of this Agreement will be: Department of Pesticide Regulation Contra Costa County Attention: Lynn Owen Attention: Ed Meyer Pesticide Enforcement Branch 2366 A Stanwell Circle 830 K Street, Room 401 Concord, CA 94520-4804 Sacramento, CA 95814-3510 (510) 646-5250 (916) 445-3851 FAX: (510) 646-5732 FAX: (916) 445-3907 Agreement No. 00-00IOL Exhibit A—Page 2 of 3 County of Contra Costa Evaluation of Restricted Materials Permit The county shall: 1. Verify completeness of information. 2. Locate application site(s). For example,on county map,aerial photo,or map supplied by the grower. (Site=no larger than the farm operator's contiguous property;no smaller than one crop location.) 3. Evaluate surrounding areas that could be adversely impacted such as residential areas, waterways, schools, etc. 4. Decide if standard county permit conditions are adequate for each site. Add any necessary permit conditions by site. 5. If, in the county agricultural commissioner's,judgement, adequate special permit conditions do not exist, determine the feasibility of alternatives. If there are feasible alternatives, deny permit. 6. Inform permittee of Notice of Intent (NOI)requirements, safety information series requirements, availability of pest management guides, and pesticide use reporting requirements. 7. Issue permit or deny with cause. Review of Notices of Intent The county shall: 1. Read or listen to all NOIs submitted, using the following criteria for evaluation, and compare against the permit if necessary. a. Locations of the application. b. Environmental conditions have changed since the permit was issued(local knowledge or specified in NOI). I Agreement No. 00-0010L Exhibit A--Page 3 of 3 County of Contra Costa C. Individual has a history of noncompliance. d. Should this NOI be included in the five percent annual monitoring? Preapplication Site Inspection The county shall: 1. Select sites for inspection from those NOIs identified during review. a. Compare against permit. b. Determine if proposed application will be in compliance with permit conditions. 2. At the site, determine of environmental conditions are as described in permit/NOI. 3. Determine basis for application: a. What is the basis? b. Is pest a logical or expected one? C. Is pest consistent with permit? d. If written recommendation was made, was method of determining need acceptable? Field evaluation of pest condition necessary only when 3(a)through(d) show a problem or when the pest control operator's compliance history warrants. 4. If environmental conditions are different, or if basis for application is inadequate, amend permit or stop application. I STATE OF CALIFORNIA STANDARD AGREEhIENT ° srn 213 pasty 021M AGREENIENTNUMBER AMENDMENT NUMBER 00-0010L 1. This Agreement is entered into between the State Agency and the Contractor named below STATE AGENCY'S NAME DEPARTIv1ENT OF PESTICIDE REGULATION CONTRACTOR'S NAME CONTRA COSTA COUNTY 2. The term of this Agreement is: JULY 1,20W4UNE 30,2001 3. The maximum amount 61828 Izty-ane thousand eight hundred twenty-eight dollars of this Agreement is.- 4. s:4. The parties agree to comply with the terms and conditions of the following exhibits which are by this reference made a part of the Agreement: Exhibit A-Scope of Work 3 Pages(s) Exhibit B-Budget Detail and Payment Provision 1 Pages(s) * Exhibit C-General Terms and Conditions GTC6199 6/94 (NM567er) Exhibit D-Special Terms and Conditions N/A Pages(s) Exhibit E-Additional Provisions N/A Pages(s) Approved by Secretary/CEO Per memorandum dated Oct. 28, 1994 *View at wwwAgs.ca.gov/contracts IN WITNESS WHEREOF,this Agreement has been executed by the parties hereto. CALIFORNIA Department of General Services Use Only CONTRACTOR'S NAME(If other than an inidividual,state whether a corporation,partnerhsip,etc.) CONTRA COSTA COUNTY BY(Authorized Sig PRINTED NAME AND TT f`LE OF Pr SIGNING Donna Gerber Chair ' ADDRESS 2366 A.STANWELL CIRCLE - - . _ ` DEPT. OF GENERAL SERVICES CONCORD CA 945204804 APPROVAL NOT REQUIRED PER STA'T'E OF CALIFORNIA UONTRACT EXEMPTION APPROVAL AGENCYNAME FILE NO 74.1 DEPARTMENT OF PES'T'ICIDE REGULATION BY(Authorizedsignature) DA E D PRU90 NAME AND TI'T'LE OF PERSON SIGNING ADDRESS 830 K STREET,ROOM L-3 SACRAMENTO,CA 95814-3514 j�Exempt per Agreement No. 00-001 OE Exhibit A--Page 1 of 3 County of Contra Costa SCOPE OF WORD. 1. This agreement is entered into by and between the Department of Pesticide Regulation(DPR), Pesticide Enforcement Branch, 830 K Street,Room 401, Sacramento, California 95814-3510 and Contra Costa County,2366 A Stanwell Circle, Concord, California 94520-4804,for enforcement permit regulations according to the California Code of Regulations based on work years involved. 2. The Director will subvent to the County a sum of money for increased cost involved in implementing and enforcing pesticide permit regulations established by the California Code of Regulations, Title 3, Division 6, Chapter 2, Subchapter 4,Article 3, Section 6428. County will be reimbursed for enforcing permit regulations according to the CCR based on work years and workload involved. 3. The project coordinators during the term of this Agreement will be: Department of Pesticide Regulation Contra Costa County Attention: Lynn Owen Attention: Ed Meyer Pesticide Enforcement Branch 2366 A Stanwell Circle 830 K Street, Room 401 Concord, CA 94520-4804 Sacramento, CA 95814-3510 (510) 646-5250 (916) 445-3851 FAX: (510) 646-5732 FAX: (916) 445-3907 `rt Agreement No. 00-0010L Exhibit A--Page 2 of 3 County of Contra Costa Evaluation of Restricted Materials Permit The county shall: 1. Verify completeness of information. 2. Locate application she(s). For example, on county map, aerial photo,or map supplied by the grower. (Site=no larger than the farm operator's contiguous property;no smaller than one crop location.) 3. Evaluate surrounding areas that could be adversely impacted such as residential areas, waterways, schools, etc. 4. Decide if standard county permit conditions are adequate for each site. Add any necessary permit conditions by site. 5. If, in the county agricultural commissioner's judgement, adequate special permit conditions do not exist, determine the feasibility of alternatives. If there are feasible alternatives, deny permit. 6. Inform permittee of Notice of Intent (NOI)requirements, safety information series requirements, availability of pest management guides, and pesticide use reporting requirements. 7. Issue permit or deny with cause. Review of Notices of Intent The county shall: 1. Read or listen to all NOIs submitted, using the following criteria for evaluation, and compare against the permit if necessary. a. Locations of the application. b. Environmental conditions have changed since the permit was issued(local knowledge or specified in NOI). Agreement No. 00-001 OL Exhibit A—Page 3 of 3 County of Contra Costa C. Individual has a history of noncompliance. d. Should this NOI be included in the five percent annual monitoring? Pregpplication Site Inspection The county shall: 1. Select sites for inspection from those NOIs identified during review. a. Compare against permit. b. Determine if proposed application will be in compliance with permit conditions. 2. At the site, determine if environmental conditions are as described in permit/NOI. 3. Determine basis for application: a. What is the basis? b. Is pest a logical or expected one? C. Is pest consistent with permit? d. If written recommendation was made, was method of determining need acceptable? Field evaluation of pest condition necessary only when 3(a)through(d) show a problem or when the pest control operator's compliance history warrants. 4. If environmental conditions are different, or if basis for application is inadequate, amend permit or stop application. Agreement No. 00-0010L Exhibit B—Page 1 , BUDGET DETAIL AND PAYMENT PROVISIONS 1. INVOICING AND PAYMENT: For services satisfactorily rendered and upon receipt and approval of the invoices,the State agrees to compensate the Contractor in accordance with the Rates specified in the budget and made a part of this Agreement. Invoices shall clearly reference this Agreement,identify the number of activities completed each quarter and mailed to: Department of Pesticide Regulation Pesticide Enforcement Branch Attention Ms.Lynn Owen 830 K Street Sacramento,CA 95814 2. BUDGET CONTINGENCY CLAUSE: It is mutually agreed that if the Budget Act of the current year and/or any subsequent years covered under this Agreement does not appropriate sufficient funds for the program,this Agreement shall be of no further force and effect. In this event,the State shall have no liability to pay any funds whatsoever to Contractor or to furnish any other considerations under this Agreement, and Contractor shall not be obligated to perform any provisions of this Agreement. If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this program,the State shall have the option to either,cancel this Agreement with no liability occurring to the State, or offer an Agreement amendment to Contractor to reflect the reduced amount. Payment under this agreement shall be quarterly, in arrears, upon submission and approval of an invoice in triplicate,identified with agreement number sent to above address. 3. PROMPT PAYMENT CLAUSE : Payment will be made in accordance with and the time specified in Government Code, Chapter 4.5 (commencing with Section 927). BUDGET Personnel years--1.5 2667 hours at$23.18 = $61,828.00 Agreement No. 00-0010L Exhibit B—Page 1 l;' P/Z) BUDGET DETAIL AND PAYMENT PROVISIONS 1. INVOICING AND PAYMENT: For services satisfactorily rendered and upon receipt and approval of the invoices,the State agrees to compensate the Contractor in accordance with the Rates specified in the budget and made a part of this Agreement. Invoices shall clearly reference this Agreement,identify the number of activities completed each quarter and mailed to: Department of Pesticide Regulation Pesticide Enforcement Branch Attention Ms. Lynn Owen 830 K Street Sacramento, CA 95814 2. BUDGET CONTINGENCY CLAUSE: It is mutually agreed that if the Budget Act of the current year and/or any subsequent years covered under this Agreement does not appropriate sufficient funds for the program,this Agreement shall be of no further force and effect. In this event,the State shall have no liability to pay any funds whatsoever to Contractor or to furnish any other considerations under this Agreement, and Contractor shall not be obligated to perform any provisions of this Agreement. If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this program,the State shall have the option to either,cancel this Agreement with no liability occurring to the State, or offer an Agreement amendment to Contractor to reflect the reduced amount. Payment under this agreement shall be quarterly,in arrears, upon submission and approval of an invoice in triplicate,identified with agreement number sent to above address. 3. PROMPT PAYMENT CLAUSE : Payment will be made in accordance with and the time specified in Government Code, Chapter 4.5(commencing with Section 927). BUDGET Personnel years—1.5 2667 hours at$23.18 = $61,828.00 TO' BOARD OF SUPERVISORS C i : Cary T.Yancey t FROM Contra District Attorney DATE: June 6,2000Costa aCounty SUBJECT: Approval of Submission and Execution of Contract With the State Office of Criminal Justice Planning For Funding of the Contra Costa county Statutory Rape Vertical Prosecution Project For the Period of July 1,2000 through June 30,2001 SPECIFIC REQUEST(S)OR RECOMMENDATIONS&BACKGROUND AND JUSTIFICATION L RECOMMENDED ACTION Authorize the District attorney to submit an application and execute a grant award contract and any extensions or amendments thereof with the State Office of Criminal Justice Planning for funding of the Contra Costa County Statutory Rape Vertical Prosecution Project for the period of July 1, 2000 through June 30, 2001, in the amount of$150,000 (State funded budgeted).(Resolution No. 2000/319) II. FINANCIAL IMPACT This grant application, in the amount of$150,000, is designed to fund the salaries and benefits of an attorney and part time investigator for this project. The Budget Act of 2000 appropriated $8,361,000, to the State Office of Criminal Justice Planning, for assistance to local district attorney's offices for the vertical prosecution of individuals accused of unlawful sexual intercourse with minors. Matching funds are not required. This is fifth renewal of the Statutory Rape Vertical Prosecution Program Grant which began December 1, 1995. Supplantation is prohibited. Expenditures and revenues for the project have been built into the District Attorney's 2000/2001 budget. III. REASONS FOR RECOMMENDATION/BACKGROUND As many as two-thirds of children born to unwed teen mothers are fathered by adult men. A substantial number of these mothers are receiving AFDC funds, and the fathers are neither paying child support,nor taking responsibility for their children. Moreover'therea substantial number of instances of adults having sexual intercourse with minors where there exi s significant age disparity between the adults and the minor. These instances often involve troubled tee etween the ages of fourteen and seventeen, and CONTINYP ON ATTACHMENT: _X.YES SIGNATURE- REPOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD C MMI EE _"APPROVE OTHER SIGNATURE(S): ai:C4.de ACTION OF BOARD ONG, 0,11 aZ Q U APPROVED AS RECOMMENDED_X_ OTHER tT VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS(ABSENT, f ) 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: Gary E. Koeppel ATTESTED ZrC.t H e `7, Q O0 0 CC: District Attorney-Attn.R.Goldstein PHIL BATCHELOR,CLERK OF THE BOARD OF County Administrator,ATTENTION:George Roemer SUPERVISORS AND COUNTY ADMINISTRATOR Auditor-Controller BY ,DEPUTY 7:pard of Supervisors " Page Two ' Juda 6,2000 predatory adults who use their positions of power to exact sexual advantages and contribute to the minors' delinquency. This vertical prosecution project has been designed to address problems associated with unlawful sexual intercourse with minors. This is accomplished through the prosecution of these sexual predators, in order to deter their conduct and hold them responsible for the consequences. Additionally,the project will work closely with other county agencies to effectuate the goals of the program. These agencies include, local police departments,the Family Support Enforcement Unit, Child Protective Services, The Rape Crisis Center and the Victim Witness Assistance Program. Moreover, since April 1, 1996,the project has reviewed over three hundred and ninety cases and successfully prosecuted over one hundred and seventy five cases to completion. In these cases, the District Attorney's Office has obtained as conditions of probation, orders to comply with child support, orders to participate in counseling and parenting classes, restitution orders,testing for various sexually transmitted diseases, and time in county jail or prison. It is the District Attorney's goal to continue to network with the community in an effort to combat the victimization of minors and combat teen pregnancies. IV. CONSEQUENCES OF NEGATIVE ACTION Failure to approve this recommendation would result in the inability of the District Attorney to receive $150,000 in State funds available to assist in combating the problems and costs associated with teen pregnancies and statutory rape, in Contra Costa County. I THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on June 27 2000 , by the following vote: AYES: Supervisors Gioia, Uilkema, DeSaulnier, Canciamilla and Gerber NOES: None ABSENT: None ABSTAIN: None SUBJECT: Statutory Rape Vertical Prosecution Project RESOLUTION OF THE GOVERN/NG BOARD 2000/319 WHEREAS the Board of Supervisors, Contra Costa County, desires to undertake a certain project designated Statutory Rape Vertical Prosecution Project, to be funded in part from funds made available through the Statutory Rape Vertical Prosecution Program administered by the State Office of Criminal Justice Planning (hereinafter referred to as OCJP), NOW, THEREFORE, BE IT RESOLVED that the District Attorney of the County of Contra Costa is authorized, on its behalf, to submit the proposal to OCJP and are authorized to execute on behalf of the board of Supervisors the Grant Award Agreement, including any extensions or amendments thereof, BE IT FURTHER RESOLVED that the applicant agrees to provide all matching funds required for said project (including any amendments thereof) under the Program and the funding terms and conditions of OCJP and that the cash match will be appropriated as required. IT 1S AGREED that any liability arising out of the performance of the Grant Award Agreement, including civil court actions or damages, shall be the responsibility of the grant recipient and the authorized agency. The State of California and OCJP disclaim responsibility for any such liability. BE IT FURTHER RESOLVED that grant funds received hereunder shall not be used to supplant expenditures controlled by this body. I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: - PHIL BATCHELOR, Clerk of the Board of Supervisors and County Administrator By Deputy cc: Orig. Department: District Attorney (5 certified copies) County Administrator, ATTN: George Roemer Auditor-Controller TO: BOARD OF SUPERVISORS ContraFROM: Gary T. Yancey, District Attorney Costa DATE: June 15, 2000 County SUBJECT: Approval For Submission and Execution of Contract With the State of California, Department of Insurance, for the Purpose of Combating Automobile Insurance Fraud for the Period of July 1, 2000 through June 30, 2001. REQUEST(S)OR RECOMMENDATIONS&BACKGROUND AND JUSTIFICATION I. Recommended Action Authorize the District Attorney to submit an application and execute a grant award contract, including any extensions and amendments thereto, with the State of California, Department of Insurance, for funding of the Automobile Insurance Fraud Unit for the period July 1, 2000 through June 30, 2001, in the amount of$346,431. (Resolution No. 2000/320) II. Financial Impact None. The grant application will fund the salary and benefits for an attorney, investigator, and one-half clerk assigned to the program. The automobile insurance fraud award is allocated from a trust fund financed by an assessment per insured vehicle payable by the insurer. Of this amount, approximately one-half is earmarked for distribution to district attorneys for enhanced prosecution of automobile insurance fraud. Supplantation is prohibited. Expenditures and revenue for these positions are included in the District Attorney's 2000/2001 proposed budget. III. Reasons for Recommendations/Background The Legislature has determined that one of the significant factors driving up the costs of auto insurance is fraud. While fraud is recognized as a growing problem across the country, Cal' ornia is an area of concerted criminal activity in insurance fraud. While originally the problem was co the Los Angeles area, recent statistics confirm that the problem is rapidly becoming a statewide concern. CONTINUED ON ATTACHMENT: ? YES SIGNATURE: �. !/'RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE PROVE OTHER SIGNATURE(S): ACTION OF BOARD ON_ Ttl-h e-_ _ 12 -). C CJ APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE X UNANIMOUS(ABSENT ) AND CORRECT COPY OF AN ACTION AYES: NOES: TAKEN AND ENTERED ON THE MINUTES ABSENT: ABSTAIN: OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. Contact:: Mark Peterson (926-646-2396) ATTESTED ,LTkX t%e- 00 6 cc: CAU -George Roemer PHIL BATCHELOR,CLERK OF THE BOARD DA- Renee Goldstein OF SUPERVISORSAND COUNTY ADMINISTRATOR Auditor Controller BY- ). Ir G .tM.t DEPUTY .41 The The Department of Insurance-Fraud Bureau was established in 1979. However, resources committed to fighting fraud were limited. In 1989 the Legislature enacted, through SB 2344 and SB 1103, statutes which provided resources for enhanced automobile insurance fraud investigation and prosecution. That investment has resulted in dramatically increasing the number of prosecutions for automobile insurance fraud statewide. The implementation of the mandated carrier-based special investigation units and the Automobile Insurance Claims Depository will operate to uncover large numbers of fraudulent claims which had gone undetected before the existence of those programs. IV. CONSEQUENCES OF NEGATIVE ACTION Failure to approve this recommendation would result in the inability of the District Attorney to apply for $346,431 in state funds designated for use by Contra Costa County in the prosecution of automobile insurance fraud. A county which fails to submit this application shall not be considered for funding, and their undistributed funds shall be returned to the Department of Insurance to be reprogrammed. THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on vote: .,Tiu a—ZZ, 2QQQ ----------------, by the following vote: AYES: Supervisors Gioia, Uilkema, DeeSaulnier, Canciamilla and Gerber NOES: None ABSENT: None ABSTAIN: None SUBJECT: AUTOMOBILE INSURANCE FRAUD PROSECUTION Resolution No. 2QM/3M-- -- RESOLUTION OF THE GOVERNING BOARD 2000/2001 Whereas the Board of Supervisors, Contra Costa County, desires to undertakes a certain program designated as the Automobile Insurance Fraud Prosecution Program to be funded in part from funds made available under the authority of California Insurance Code section 1872.8 and administered by the California Department of Insurance (hereinafter referred to as DOI). NOW, THEREFORE, BE IT RESOLVED that the District Attorney of Contra Costa County is authorized to execute on behalf of the Board of Supervisors the Grant Award Agreement including any extensions or amendments thereof. IT IS AGREED that any liability arising out of the performance of this Grant Award Agreement, including civil court actions for damages, shall be the responsibility of the grant recipient and the authorizing agency. The State of California and the California Department of Insurance disclaim any responsibility for such liability. BE IT FURTHER RESOLVED that the grant funds received hereunder shall not be used to supplant expenditures controlled by this body. I hereby certify that this Is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: __1<..a,v%a .D-`), 'ejoe' PHIL BATCHELOR, Clerk of the Board of Supervisors and County Administrator Bya. /'Y'Icca ` Deputy Cc: Department: District Attorney ( 5 certified copies) County Administrator, ATT: (George Roemer) Auditor Controller TO. BOARD OF SUPERVISORS : -y 7i FROM: Gary T. Yancey, District Attorney •• Contra ` -- [TATE: June 5, 2000 Costa SUBJECT: Approval For Submission and Execution of Contract With the 4County State of California, Department of Insurance, for the Purpose of Combating Workers' Compensation Insurance Fraud for the Period of July 1, 2000 through June 30, 2001. REQUEST(S)OR RECOMMENDATION(S)AND BACKGROUND AND JUSTIFICATION L Recommended Action Authorize the District Attorney to submit an application and execute a grant award contract, including any extensions and amendments thereto, with the State of California, Department of Insurance, for funding of the prosecution of workers' compensation insurance fraud for the period July 1, 2000 through June 30, 2001, in the amount of $439,401. (Resolution No. 2000/ 321) II. Financial Impact None. The grant application in the amount of$439,401 will fund the salary and benefits for two attorneys, an investigator, and one-half clerk assigned to the program. The workers' compensation insurance fraud award is allocated from a trust fund financed by an assessment payable by the insurer. Of the assessment amount, approximately one-half is earmarked for distribution to district attorneys for enhanced prosecution of workers' compensation insurance fraud. Supplantation is prohibited. Expenditures and revenue for these positions are included in the District Attorney's 2000/2001 proposed budget. III. Reasons for Recommendations/Background The Legislature has determined that one of the significant factors driving up the costs of workers' compensation insurance is fraud. While fraud is recognized as a growing problem across the country, California is an area of concerted criminal activity in insurance fraud. The cost of insurance coverage has been a major factor in the high cost of doing business in the state. S13 1213 (Presley) was enacted to put teeth into the law and to provide resources for enforcement. If the grant is approved, it will allow the District Attorney to continue to place specially trained staff in the Criminal Fraud Division who will be able to concentrate on the growing problem of workers' compensation fraud. IV. CONSEQUENCES OF NEGATIVE ACTION Failure to approve this recommendation would result in the inability of the District Attorney to apply for $439,401 in state funds designated for use by Contra Costa County in the prosecution of workers' compensation insurance fraud. A county which fails to s bmit this application shall not be considered for funding, and their undistributed funds shall be r rned to the Department of Insurance to be reprogrammed. CONTINUED ON ATTACHMENT:_ _ YES SIGNATURE: +'` RCOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATI OF BOARD C ITTEE PROVE OTHER SIGNATURE(S) ACTION OF BOA N ;26A k- ° a 7 aG 60 APPROVED AS RECOMMENDED X OTHER VOTE OF SUPERVISORS: I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN AND ENTERED ON THE MINUTES UNANIMOUS (ABSENT ) OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. AYES: NOES: ATTESTED C ABSENT: ABSTAIN: PHIL BATCHELOR,CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR Contact: Mark Peterson (646-2396) cc: CAO-George Roemer y DA W Renee Goldstein BY Y k YY? -' ,DEPUTY Auditor Controller BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on iijne 271, 2000 ,by the following vote: AYES: Supervisors Gioia, Uilkema, DeSaul.nier, Canciamilla and Gerber NOES: None ABSENT: None ABSTAIN: None SUBJECT: WORKERS' COMPENSATION INSURANCE FRAUD PROSECUTION Resolution No.2.000!321 RESOLUTION OF THE GOVERNING BOARD WHEREAS the Board of Supervisors, Contra Costa County, desires to undertake a certain project designated as the Workers' Compensation Insurance Fraud Prosecution Program to be funded in part from funds made available under the authority of California Insurance Code section 1872.83 and administered by the California Department of Insurance (hereinafter referred to as DOI). NOW,THEREFORE,BE IT RESOLVED that the District Attorney of the County of Contra Costa is authorized to execute on behalf of the Board of Supervisors the Grant Award Agreement, including any extensions or amendments thereof. IT IS AGREED that any liability arising out of the performance of this Grant Award Agreement, including civil court actions or damages, shall be the responsibility of the grant recipient and the authorizing agency. The State of California and the California Department of Insurance disclaim any responsibility for such liability. BE IT FURTHER RESOLVED that the grant funds received hereunder shall not be used to supplant expenditures controlled by this body. I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATT'ESTED: 'Tt t s-'e a-,I a o d o PFUL BATCHELOR,Clerk of the Board �j of Supervisors and County Administrator By///- Gam— ,Deputy cc: Orig. Department: District Attorney (5 certified copies) - ATTN: Renee Goldstein County Administrator, ATTN: George Roemer Auditor- Controller K TO: BOARD OF SUPERVISORS Contra FROM: Warren E. Rupf, Sheriff-Coroner Costa County DATE: June 15, 2000 SUBJECT: Contract with City of Oakley for Law Enforcement Services SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I. RECOMMENDED ACTION: APPROVE AND AUTHORIZE the Sheriff or designee to sign on behalf of the County a contract with, to provide law enforcement services to, the City of Oakley, for the period July 1, 2000 through June 30, 2002. FIND that there is a social need, as required by Government Code Section 26227, justifying the Sheriff, or his designee, to sign a contract on behalf of Contra Costa County with the City of Oakley. 11. FINANCIAL IMPACT: NONE. The City of Oakley will reimburse the County for the cost of law enforcement services provided to the City Of Oakley. Ill BACKGROUND/REASON(S) FOR RECOMMENDATION(S): The City of Oakley incorporated on July 1, 1999. In September, 1999, the Board of Supervisors approved a contract with the City of Oakley for the Sheriff to provide a Sheriffs Lieutenant to work with the City in planning for establishment of the City of Oakley Police Department. Effective July 1, 2000, the City of Oakley will have their own Police Department, which, through the subject contract, will be staffed and managed by personnel from the Office of the Sheriff. Approval of this contract will allow the Sheriff to provide law enforcement services to the incorporated City and receive reimbursement for said services. CONTINUED ON ATTACHMENT: Y6R5 SIGNATURE: a Q_� ✓RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOAR OMMI E ✓PPROVE OTHER SIGNATURES): ACTION OF BOARD ` pOU APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE 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: Stacey L.Henderson,3351540 CC: Sheriff/Coroner ATTESTEDGt i, cs�C3D CAO,Justice System Administration PHIL BATCHELOR,CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR BY • Imo«�✓ DEPUTY