HomeMy WebLinkAboutMINUTES - 05042004 - C35-C39 TO: BOARD OF SUPERVISORS
FROM: William Walker, Health Services Director �� Contra
Jacqueline Pigg, Contracts Administrator
DATE: April 21, 2004 Costa
County
SUBJECT: Approve Interagency Agreement #28--641-5 with the Contra Costa
County Office of Education (Superintendent ofSchools) e
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION •J
me' . N
Approve and authorize the Health Services Director or his Designee
(Wendel Brunner) , to execute on behalf of the County, Interagency
Agreement #28-641-5 with the Contra Costa County Office of Education
(Superintendent of Schools) , in an amount not to exceed $10, 000, for
the period from January 1, 2004 through June 30, 2004,` for the Junior
Health Facilitator Project in West County.
Approval of this Interagency Agreement will result in $10, 000 to
support the Junior Health Facilitator Project through June 30, 2004 .
No County funds are required.
This project joins Contra Costa Health Services, the Contra Costa
County Office of Education and the Neighborhood Youth Corps in ' a
cooperative effort to reduce the number of children who grow up in
fatherless homes as the result of teen pregnancies . Under the Junior
Health Facilitator Project, junior health facilitator and Teenage
Program (TAP) health facilitator conduct class presentations,
organize health-related projects and create teen support groups in
West Contra Costa middle and high schools.
Approval of Interagency Agreement #28-641-5 will allow Contra Costa
County Office of Education (Superintendent of Schools) to pay the
County a total of $10, 000, to continue to implement the Junior Health
Facilitator Project, through June 30, 2004 .
QONTINUED ON AT-TACHMENT: YES SIGNATUR
RECOMMENDATION OF COUNTY ADMINISTRATOR FIE MMENDATtON OF BOARD COMMITTEE
r"APPRO'VE ____,OTHER
t
ACTION OF BOAR6 N APPROVED AS RECOMMENDED OTHER _
i.9
VOTE SUPERVISORS
!r? I HEREBY CERTIFY THAT THIS IS A TRUE
UNANIMOUS (AB SENT r �{...; Y. 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.
1
1 4
ATTESTED I " �i
JOHN SWEEP.N,CL RK F THEBOAD OF
SUPERVISO S AND C NTY ADMINISTRATOR
Contact P6fsOlWendel Brunner, M. D. (313-6712)
CC: Health Services (Contracts)
CCC Office cif ]iucation By �" ��� DEPUTY
TO: BOARD OF SUPERVISORS
FROM: William Walker,M.D.,Health Services Director
By: Jacqueline Pigg,Contracts Administrator Centra
Costa
DATE: April 21,2004
County
SUBJECT: Approval of Contract Amendment Agreement#28-714---1 with the Los Medanos Health,Care District
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
REC0MMENDAT10 Sl:
Approve and authorize the Health Services Director, or his designee (Wendel Brunner, MD) to
execute on behalf of the County, Contract Amendment Agreement 428-714--1 with the Los Medanos
Health Care District, effectiveMarch 31, 2004, to amend Grant Agreement #28-714, to extend the
term of the Agreement through September 30, 2004, with no change in the original payment limit of
$125,852.
Los Medanos Health Care District has requested to be held harmless and indemnified as part of their
standard for approval' of the grant agreement with the County. County Risk Management has
reviewed and approved the indemnification and hold harmless language, and the Health Services
Department desires to expedite approval of the contract as written.
FISCAL IIVI�'ACT:
This Grant Agreement will result in an amount not to exceed $125,852 from Los Medanos
Community Health Care District for the Nutrition, Exercise and Wellness (NEW)Kids Program. No
County funds are required.
BA4C GRtJ[Tl /IIEASUN SI FOR RECCIIV MENDA'TIONL
In collaboration with Los Medanos, Contra Costa Regional Medical Center, the Public Health Clinic'
Services,CHDP,Contra Costa Health Plan,Community Wellness and Prevention Program,and other
Health Services Divisions, this program will address the epidemic of childhood obesity and its impact
in the Pittsburg area of the County, where a greater proportion of children are overweight. This
program is the first-of-its-kind program that will address not only the treatment of pediatric obesity in
the clinical setting,but also the'prevention of obesity in the community. The goal of the program is>>
to reduce childhood obesity and its health consequences in the Pittsburg;area.
4n Tune 3, 2003, the Board of Supervisors approved. Grant Agreement 9,28-714 with the Los'
Medanos Health Care District for the period from April 1, 2003 through March 31, 2004, for the
NEW Rids Program.. Approval of Contract Amendment Agreement #28-714-1 A-1 continues funding?
for the NEW Kids Program through September 30, 2004.
Three sealed/certified copies of this Board Order should he returned to the Contracts and Grants Unit'
for submission to the State.
CQNTINUEQT A I
RECOMMENDATION of COUNTY ADMINISTRATOR
-.,-, APPROVE OTHER COMMENDATION OF BOARD COMMITTEE
✓ ,
ACTION of BOARt1 f APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS 4� c i ) 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.
ATTESTED �MINRA
JOHN S TEN,C RSUPERVI ORS AN COUNTY AL) ISTTOR
Contact Person:
CC; Wendel Brunner,Mil 313-6712
Health Services(Contracts)
Los Medanos Health Care District BY DEPUTY
Contra
-' Costa
County
TO: BOARD OF SUPERVISORS
FROM: Dennis M. Barry, AICP
Community Development Director
DATE: May 2, 2004
SUBJECT: CONTRACT AMENDMENT WITH SCHEIDEGGER & ASSOCIATES FOR EIR FOR BULK
MATERIALS PROCESSING CENTER AT WCCSL (Contract # 48169-00)AMEND 2
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
APPROVE and AUTHORIZE the Community Development Director, or his designee, to
execute a contract amendment with Scheidegger&Associates effective May 3, 2004 to
increase the payment limit by$ 12,350 to a new payment limit of$243,160 to provide
additional EIR services related to the Bulk Materials Processing Center(BMPC) located at
West Contra Costa Sanitary Landfill (WCCSL), with no change in the terra.through September
30, 2004.
FISCAL IMPACT
The cost is covered by revenue received from application fees paid by developers.
BACKGROUND/REASONS FOR RECOMMENDATIONS
The contract amendment is needed to increase the contract limit. The level of effort required by the
consultant is more than expected due to the complexity of the project,including the amount and nature of
the comments received from the public and agencies on the Draft Environmental Impact Report.
CONTINUED ON ATTACHMENT: YES SIGNATUR p
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD
COMMITTEE
PPROVE OTHER
SIGNATURE(S)
ACTION OF B ON 4,1LAPPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A
UNANIMOUS (ASSENT -- TRUE AND CORRECT COPY OF AN
AYES: NOES: ACTION TAKEN ANIS ENTERED ON THE
ABSENT: ABSTAIN: MINUTES OF THE BOARD OF
SUPERVISORS ON THE DATE SHOWN..
Orig: Raymond Wong (925) 335-1282 ATTESTED
cc: Community Development Department j
Marie Rulloda, Auditor--Controller JOHN SWEETEN, CLERK OF
County Administrator THE BOARD OF SUPERVISORS
Deidra Dingman, Principal Planner (CDD) AND COUNTY ADMINISTRATOR
BY %�^z ti 1 , DEPUTY
TO:BOARD OF SUPERVISORS
FROM:Silvano B.Marchesi,County Counsel
By:Dennis C.Craves,Senior Financial Counsel
DATE: April 28,2004
SUBJECT: Approval of amendment to contract for professional services
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
1. RECQMyIENDATIONS
APPROVE and AUTHORIZE the County Counsel, or designee, to execute a'contract amendment
with Baker and O'Brien, Inc., effective April 5, 2004, to increase the payment limit by$500,000 to
continue to provide appraisal consulting services. (No net County cost) (All Districts).
11. FISCAL IMPACT
Payment will be made out of Stats funds already allocated for this purpose, so there will be no
cost to the County. If the contract is not approved, there Is a greatly increased possibility of very
significant but presently unquantifiable impacts due to adverse decisions by the Assessment
Appeals Board on large refinery valuation disputes.
€11. BACKGROUND/REASONS FOR RECOMMENDATIONS
Baker and O'Brien are consultants for refinery valuations, and have been assisting the County
with valuations of major refineries that routinely file appeals with the Assessment Appeals Board.
These annual appeals typically place several billion dollars of valuation in issue. Assistance is
required because valuations of refineries are highly technical, requiring specialized knowledge
that only industry experts have. This amendment will add another$500,000 to allow these critical
professional services to continue. The Assessor concurs with d supports this recommendation.
CONTINUED ON ATTACHMENT: _YES SIGNATURE �"'` -__
RECOMMENDATION OF COUNTY ADMINISTRATOR__RECOMMENDATION OF BOARD COMMITTEE
APPROVE —OTHER
SIGNATURE(S):
ACTION OF BOARD ON 440411,
APPROVED AS RECOMMENDED 46THER
VOTE OF SUPERVISORS:
r I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT
j,UNANIMOUS(ABSENT i COPY OF AN ACTION TAKEN AND ENTERED ON THE
AYES: NOES: MINUTES OF THE BOARD OF SUPERVISORS ON TIME DATE SHOWNI
ABSENT: ABSTAIN: i
ATTESTED-
*/I
JOHN SWEETEN,CLEO)(OF
THE BOARD OF SUPERVISORS
AND COUNTY ADMINISTRATOR
r' f
Deputy
Contact:Dennis Graves(335-1833)
......................................................................11.......
................-...................-....
. . .. ........
3�
TO: BOARD OF SUPERVISORS, as governing board of Contra Costa Flood Control &Water
Conservation District
FROM: SILVANO B. MARCHESI, County Counsel
By: David F. Schmidt, Deputy County Counsel
DATE: May 4, 2004
SUBJECT: First Amendment to Contract for Specialized Legal Services
San Francisco Baykeeper v. State Water Resources Control Board, et al.
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIQNJS
APPROVE First Amendment to Contract for Legal Services between the Contra Costa County Flood
Control&Water Conservation District and Downey,Brand,Seymour&Rohwer LLP(Now Downey Brand
LLP);and AUTHORIZE the County Counsel or designee to execute the contract amendment on behalf of
the Clean Water Program.
FINANCIAL IMPACT
No impact on General Fund. Legal services are funded bythe Contra Costa Clean Water Program(Flood
Control District, County, and Cities) from stormwater utility assessments levied in incorporated and
unincorporated areas of Contra Costa County.
BACKGROUND/REASONS FOR RECOMMENDATIONS
In May 2001,an administrative mandate lawsuit was filed against the Contra Costa Clean Water Program
and its member entities(Flood Control District,County,and Cities)challenging the NPDES permit issued
to the Program(see San Francisco Baykeeper v.State Water Resources Control Board,etaL). In August
2001,the Board approved a$100,000 legal services contract with the law firm of Downey,Brand,Seymour
&Rohwer LLP of Sacramento("Downey Brand"),which had assisted the Clean Water Program with the
administrative appeal before the State Water Resources Control Board. Downey Brand has been handling
the lawsuit since that time. In November 2003,the court issued a ruling upholding the permit against most
of the challenges brought by Baykeeper but invalidating parts of the permit relating to a monitoring program
and minor modifications. The effect of the court's ruling was to remand the permit to the Regional Board
forfurther proceedings. The proceedings presently are pending before the Regional Board,and Downey
Brand continues to represent the Clean Water Program. With the further proceedings before the Regional
Board,Downey Brand recently notified the Clean Water Program of the need to increase the contract limit
from$100,000 to$120,000 and to increase the rate schedule,which had not been adjusted since 2001.
On April 13,2004,as provided in the contract,the County Counsel's Office,with approval from the Clean
Water Program,approved the requested increase in the contract limit. The attached First Amendment to
Contract for Legal Services,etc.has been prepared to approve the rate change, as well as the change in
Downey Brand's firm name. The Public Works Department(Clean Water Program staff)and the County
Counsel recommend that the Board approve the amendment to enable Downey Brand to continue
representing the Clean Water Program on this important,f a ee re,
CONTINUED ON ATTACHMENT: YES SIGNATURE
RECOMMENDATION OF COUNTY ADMINISTRATOR REC T ON OF BOARD
mWEE1
APPROVE T OTHER
SIGNATURE(S):
ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE
AND CORRECT COPY OF AN ACTION TAKEN
XNANIMOUS(ASSENT AND ENTERED ON THE MINUTES OF THE BOARD
AYES: NOES: OF SUPERVISORS ON THE DATE SHOWN.
ABSENT: ABSTAIN:
ATTESTED: JOHN SWEETEN, CLERK OF THE BOARD OF
Contact: Don Freitas(925-313-2373) SUPERVISORS AND:COUNTY ADMINISTRATOR
cc: Public Works(Clean Water Program)
County Counsel I A
County Administrator
Auditor Controller
Cities(Via Public Works) BY DEPUTY
.......................—....
............
FIRST AMENDMENT TO CONTRACT FOR LEGAL SERVICES
BETWEEN THE CONTRA COSTA FLOOD CONTROL & WATER
CONSERVATION DISTRICT AND DOWNEY, BRAND, SE`1MOUR
& ROHWER LLP (NOW DOWNEY BRAND LLP)
1. EFFECTIVE DATE AND PARTIES
Effective MAY 4, 2004 , 2004, the Contra Costa County Flood Control and
Water Conservation District, a California special district (hereinafter called
Agency"), and Downey Brand LLP, a California limited liability partnership
(hereinafter called "Attorney"), mutually agree as follows:
2. PURPOSE
Effective May 1, 2001, the parties entered into a written contract entitled
"CONTRACT FOR LEGAL SERVICES BETWEEN CONTRA COSTA COUNTY
FLOOD CONTROL & WATER CONSERVATION DISTRICT AND DOWNEY,
BRAND, SEYMOUR & ROHWER LLP" (referred to as the "Contract"), which
covered legal services in connection with litigation entitled "San', Francisco
Baykeeper v. California State Water Resources Control Board, et al.;" San
Francisco Superior Court Case No. 500546/500527. The Contract previously
has not been amended. Pursuant to Section 7.c of the Contract, the parties wish
to amend the Contract to increase the hourly rate schedule.
3. AMENDMENTS TO CONTRACT
1. In the Contract, Section 1, change the Attorney's name from Downey, Brand,
Seymour& Rohwer LLP to Downey Brand LLP.
2. In the Contract, replace the SCHEDULE OF ATTORNEY AND PARALEGAL
HOURLY RATES with the attached amended schedule, which shall apply to
legal services performed after March 1, 2004.
4. REMAINING PROVISIONS
Subject to the changes made by this Amendment, all provisions of the Contract
shall remain in full force and effect.
5. SIGNATURES
These signatures attest the parties' agreement to this Amendment:
AMENDED SCHEDULE OF ATTORNEY AND PARALEGAL HOURLY RATES
Effective March 2004
Katharine E. Wagner $245
Nicole E. Granquist $175
Courtney Hamamoto $150
Melissa Verhaag $140
Jeffrey S. Galvin $220
Melissa A. Thorme $240
Tory E. Griffin $200
Paralegals $65 - $125
CAUFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of )M 10
.
County of �C Tn_ nf't°t_ -
On _ q . n _t before me, ,
Date Name and Title of Officer(e.g.,"Jane Me,Notary Public")
personally appeared cm4rT _
Names)iSigners)
personally known to me
❑ proved to me on the basis of satisfactory evidence
to be the person'N whose names) is/are subscribed to the
�� within instrument and acknowledged to me that ire/she>
r omml tM 2 �I3 executed the same in hWher/theft-authorized c aci
c��t2�srfs a capacity(k)4
tv(k) }+
NotCry Fuge -Cd~ft"ft and that by hWherA4494r signature{s� on the instrument the
socramwft Cowun*y person,or the entity upon behalf of which the person
acted, executed the instrument.
WITNESS my hand and official seal.
Sig u'of
atary Pub c
ZokTINAS.Though the information below is not required by law.it ble to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document
Description of Attached Document
Title or Type of Document:
Document Date: ' G umber of Wages: """---
Signer(s) Other Than Named Above: / J
acity(les) Claimed by Signer(s)
Signer's e: Signer's Name:
❑ Individual ❑ Individu
❑ Corporate Officer ❑ C rate Officer
Title(s): itle(s):
❑ Partner—❑ Limited ❑ General ❑ Partner---❑ Limited ❑ General
❑ Attorney-in-f=act ❑ Attorney-in-Fact
❑ Trustee >E10ther:
ustee ,
ED Guardian or Conservator rdian or Conservator -
❑ Other: Top of thumb here Top of thumb here
Sign Representing: Signer Is Representing:
1996 National Notary Association+6238 Rommet Ave.,P.O.box 7164•Canoga Park,CA 91309-7184 Prod.No.59C7 Reorder:CaII Tofi-Free 1-800-876-6827
CONTRA COSTA COUNTY FLOOD DOWNEY BRAND LLP
CONTROL AND WATER
CONSERVATION DISTRICT
y
B fl
r
By: (Signature)
Silvano B. Marchesi, CduntyCounsel Name: Katharine t+. ._ Wagner
(Typed)
Title: Partner
FORM APPROVED:
Silvana B. Marchesi, County Counsel
se-c
�1c.,"c\,oItd�ff
By:
David chmidt, Deputy b ounty MEE uMAVC�. PATEL.
Counsel ComniMm#1293913
Notary Putt -CoNfomio #
Socramenlo County
mVComm.Ex;*wFet,11,2006