HomeMy WebLinkAboutMINUTES - 06212005 - C97 (2) TO: BOARD OF SUPERVISORS ..._...
.. _ CONTRA
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FROM: Lori Gentles Interim Assistant County Administrator- �'�' -+ ` ' �'•
Director of Human Resources °» '`�'�"f
Administrator-
COSTA
DATE: June 28, 2005 a =��"���`
COUNTY
�i -�
Deferred Compensation 457 Plan Contract Amendment
SPECIFIC REQUEST{S}OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
APPROVE and AUTHORIZE the Interim Assistant County Administrator - Director of Human
Resources or designee to execute a contract amendment with the Hartford Life Insurance
Company for the County Deferred Compensation 457 Plan contract.
FISCAL IMPACT:
No fiscal impact.
BACKGROUND:
Hartford Life Insurance recently advised the County Deferred Compensation Advisory Committee
that some County Deferred Compensation Plan participants have been participating in frequent or
short term trading activity within the mutual funds options available under the plan. Frequent or short
term trading in the plan are restrictive by both mutual fund companies as noticed in their various
prospectus booklets as regulated approved by the Securities Exchange Commission (SEC).
Frequent or short term trading activities, if continued, may adversely affect other outside
shareholders in the funds as well as plan participants and beneficiaries as the mutual fund
investment options offered under this program are not designed as short-term investment vehicles.
The County Board of Supervisors, as Trustees of the County Deferred Compensation 457 Plan, has
direct fiduciary responsibility for ensuring plan compliance under this program in order to comply with
regulatory requirements as well as protecting plan participants investment contributions.
The Deferred Compensation Advisory Committee recommends that the Board of Supervisors, as
plan fiduciaries of the County Deferred Compensation 457 Plan, act in the best interest of all plan
participants by amending the contract and implementing agreed upon general procedures between
the County and Hartford Life Insurance Plan. The procedures were approved an inaliz by both
County Counsel and Hartford Life Insurance legal co ns after discussio ith t eferred
Compensation Advisory Committee and Hartford represe tative0-1
�.
CONTINUED ON ATTACHMENT: _ X ,YES SIGNATURE
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMME TION F BOARD COMMITTEE
APPROVE OTHER
SIGNATURES
ACTION OF BON
C6
APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT
01—NANIMOUS{ABSENT } COPY OF AN ACTION TAKEN AND ENTERED ON THE
AYES: NOES: MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE
ABSENT: ABSTAIN: SHOWN. je I
Orig.Dept: Human Resources Department—Lori Gentles 5-1754
P ATTESTED
Cc: County Administrator JOHN SWEETEN,CLERK OFT BOARD OF
Auditor-Controller UPERVISORS AND COUNTY ADMINISTRATOR
C
4
�_.
M382{10/88} BY DEPUTY
The contract amendment and subsequent side letter restricting participants who have participated in
excessive trading activities will protect the plan and all its participants and protect the plan and funds
from financial losses resulting from this type of trading activity. I
Members wishing to participate in frequent trading or short term trading activities may do so by
participating in the 457 Plan's self-directed option through Schwab self-directed account.
CONSEQUENCE OF NEGATIVE ACTION:
If action is not taken to amend the contract to prevent excessive trading activities, the Board of
Supervisors may be held liable, as the plan fiduciaries, for any and all penalties incurred resulting
from this action.
.:i '
Contre
i* Human Resources Department
CostaAdministration Buildin9
;� •'` 651 Pine Street
County Martinez,CA 94553-1292
May 10, 2005 y
Christopher Stoltz
National Accounts Management
The Hartford Life-Insurance Company
P. 0. Box 1583
Simsbury, CT 06144-1583
RE: Frequent Trading Policy and Procedure
Dear W. Stoltz:
This confirms our understanding that the Hartford an has agreed to
Life Insurance Com
. p Y
the following procedures with respect to.frequent trading in Contra Costa County's
deferred compensation plan. This letter supplements the general procedures that are
identified in the Amendment to Administrative Services Agreement between Contra
Costa County("Plan Sponsor") and Hartford Life Insurance Company("Hartford'),para.
3.2, and its accompanying Exhibit A"Frequent Trading Policy and Procedure.
1. Where Hartford(1) is notified by an underlying fund that an investment
option is experiencing excessive or abusive trading activity(Section 1.0 of
the Frequent Trading Policy and Procedure, Exh. A), or(2)detects
frequent or short-term investment trading in one o f its investment options
-
(Section 2.0 of the Frequent Trading Policy and Procedure, Exh. A), the
County agrees and requests Hartford-to send written notice to the involved
Participant that such activity has occurred and should be stopped.
2. Hartford will send such written notice to Participant,with a copy to the
County,by regular U.S. mail and by certified mail with return-receipt
requested.
3. Hartford's written notice will warn the Participant that continued
excessive or abusive and/or frequent or short-term investment trading will
result in a one year suspension of Participant's ability to perform
electronic investment'transfers via the internet or VRU,but that
Participant may continue to make investment elections by mail. The one-
year suspension will be automatically lifted after the one year period,
Amendment to Administrative services Agreement
Individual Participant Account services `
M.
WITNESSETH
WHEREAS Hartford Life entered into an Administrative Services Agreement(hereinafter"Agreement)with the
Plan Sponsor to provide administrative services for the Plan;
WHEREAS, the Agreement may be amended by the parties;
WHEREAS,defined terms in the Agreement shall have the same meaning in this Amendment;
NOW THEREFORE,the following is made a part of the Agreement effective immediately upon execution by both
parties and shall remain in force until terminated by either party as provided therein:
Notwithstanding the foregoing, nothing in this Agreement shall prohibit Hartford Life or the Plan Sponsor from
0 9 g g� g g
restricting or suspending any or all Participants from internet, phone, facsimile or other electronic investment
option transfer privileges. Any such action taken by Hartford Life or the Plan Sponsor shall be in accordance with
the procedures provided in Frequent Trading Policy and Procedure attached hereto.
Plan Sponsor acknowledges the following: The underlying funds, available as investment options under the Plan,
are not intended as vehicles for short-term trading. Excessive exchange activity may interfere with portfolio
management and may have an adverse effect on all shareholders. The underlying funds expressly reserve the
right to curtail such short-term trading activity. These policies can by found in the underlying fund prospectuses.
Plan Sponsor acknowledges that in the event that excessive or abusive exchange activity to an underlying fund is
detected, Hartford Life may take action, including restricting or suspending any or all Participants from internet,
phone, facsimile or other electronic investment option transfer privileges.
IN WITNESS WHEREOF,the parties hereto have caused this Amendment to be signed.
For the Plan Sponsor:
By: Date:
s
Name: Title:
For Hartford Life Insurance Company:
By: Date:
Michadf Hicks, Vice-President
Investment Products Division
Individual Participant Account Services I of 2
•
Frequent Trading
Policy and Procedure
,1.0 Notice by Underlying Fund 1.5 Hartford Life willprovide written notice to the Participant
detailing the action to be taken.
If Hartford Life receives written notice from an underlying fund
that an investment option under the Plan is experiencing
excessive or abusive trading activity, the following procedures 7
2.0 Detection of Frequent Trading
will be followed:
1.1 If the underlying fund in its notice identifies specific trade If frequent trading activity by Plan Participants is detected,the
dates that are of concern, Hartford Life will, in turn, review the following procedures will be followed:
transaction history of each Participant Account invested in the
investment option to identify Participants who purchased and 2.1 Hartford Life will send written notice to the Plan Sponsor
redeemed shares on such dates; detailing Participant trading activity;
1.2 Hartford Life will send written notice to those Participants 2.2 Subsequent to such notice, Hartford Life or the Plan
asking that they cease from engaging in such trading activity; Sponsor may restrict any Participant who has been identified
as engaging in abusive or excessive trading from the use of
1.3 If an underlying fund provides subsequent written notice that the Internet, phone, facsimile or other electronic
it is continuing to experience excessive or abusive trading, investment option transfer privileges and will only accept
Hartford Life will review the transaction history of each written investment instructions submitted by the Participant via
Participant Account invested in the investment option. If any regular U.S. Mail;and
Participant who has already received written notice of abusive
trading is again identified, Hartford Life will inform the Plan 2.3 Hartford Life will provide written notice to the Participant
Sponsor, detailing the action to be taken.
1.4 Hartford Life or the Plan Sponsor may restrict any
Participant who has been identified twice as engaging in
abusive or excessive trading from the use of the internet,
phone, facsimile or other electronic investment option
transfer privileges and will only accept written investment
instructions submitted by the Participant via regular U.S. Mail;
and
Individual Participant Account Services 2 of 2
TO: BOARD OF SUPERVISORS
FROM: John Sweeten, County Administrator t �'J��I
M� /' J fes^ f r �
Contra
A4 _ Costa
DATE: ,lune 28, 2005 �....
` • frf
SUBJECT: Contract for Legal Defense Services
county
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATM
RECOMMENDATION:
APPROVE and AUTHORIZE County Risk Manager to execute a Contract with LaFollette,
Johnson, DeHaas, Silberberg and Ames for defense of the County in medical malpractice and
civil rights Claims for the period July 1, 2005 through June 30, 2006 with a fee of$150 per hour.
FINANCIAL IMPACT:
Legal costs are funded through the Liability and Medical Malpractice Trust Funds.
BACKGROUND/REASONS FOR RECOMMENDATION:
This Contract is being executed for to provide legal services and to represent the County on
medical malpractice Cases.
CONTINUED ON ATTACHMENT: _X._. YES SIGNATURE: fit,
. RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
__w — PPRO OTHER
SIGNATURES:
ACTION OF B A ON ' APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE
AND CORRECT COPY OF AN ACTION TAKEN
AND ENTERED ON THE MINUTES OF THE BOARD
UNANIMOUS {ABSENT OF SUPERVISORS ON THE DATE SHOWN.
AYES: NOES.-
ABSENT:
OES:ABSENT: ABSTAIN:
ATTESTED
XV_%-nskm2k3luw4jgridusWy Documments\Board Order$\Box0s\BO- JOH SWEETEN,CLERK O T E BOARD OF
Lafolflegalsves.doc SUPERVISORS AND COUNTY ADMINISTRATOR
Contact: Ron Harvey(335-1443)
Cc: Risk Management
Auditor-Controller BY
,DEPUTY
LaFoliete,Johnson,DeHaas,Silberberg&Ames
Contra
TO: BOARD OF SUPERVISORS ;- _
r
FROM: Warren E. Rupf, Sheriffs
7 - C Costa.
i
County
DATE: June 28, 2005;:. _:_...
� covrt'�
SUBJECT: Contract for Website Programmer/Maintenance Technician
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
I. RECOMMENDATION:
APPROVE and AUTHORIZE the Sheriff, or his designee, to execute a contract with Marcia
Ceballos in an amount not to exceed $34,000 to provide computer support and maintenance
for the Sheriff's Office Web Site for the period June 14, 2005 through June 30, 2000.
II. FINANCIAL IMPACT:
None. Funds for this contract are budgeted.
III. BACKGROUND:
Contractor shall serve as "Web Master" by providing computer support and maintenance
for the Sheriffs Office Web Site, including but not limited to updating information contained
in all pages of the site, responding to emails from the public, and troubleshooting and
correcting hardware/software issues connected with the website.
CONTINUED ON ATTACHMENT: ❑ YES SIGNATURE: �'
[34ECOMMENDATION OF COUNTY ADMINISTRATOR ❑ RECOMMENDATION OF BO EE
O-APPROVE ❑OTHER
r
000,
SIGNATURES .
ACTION OF B ON
APPROVED AS RECOMMENDED ❑ OTHER ❑
VOTE OE S1 ll?PRMWRS: f I HEREBY CERTIFY THAT THIS IS A TRUE AND
CORRECT COPY OF AN ACTION TAKEN AND
UNANIMOUS(ABSENT ENTERED ON THE MINUTES OF THE BOARD OF
SUPERVISORS ON THE DATE SHOWN.
AYES: NOES:
ABSENT: ABSTAIN: ATTESTEDI a J-V05
Contact: Connie Ames JOHN SWEETEN,CLERK O THE BOARD OF
335-1553 SUPERVISORS AND COUNTY ADMINISTRATOR
cc: CAO,Justice System Administration
Office of the Sheriff
Q
By. Deputy
TO: BOARD OF SUPERVISORS ..
CONTRA
FROM: Lori Gentles, Interim Assistant County :• '---��
Administrator— Director of Human Resources COSTA
DATE: June 28, 2005 z"'�o�"' CDV NTY
SUBJECT: CONTRACT AMENDMENT FOR JEAN SOARES
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION
APPROVE and AUTHORIZE the Interim Assistant County Administrator — Director of Human
Resources or designee, to execute a contract amendment agreement with Jean F. Soares
effective July 1, 2005, to extend the term of the contract from July 1, 2005 through October 31
2005, to provide continued benefits consulting services, with no change in the payment limit.
FISCAL IMPACT
The Human Resources Department has budgeted monies for the execution of this contract
amendment.
BACKGROUND
We are currently contracting with Jean F. Soares to provide benefits consulting services and
have requested that she remain on contract through October 31, 2005 to ensure the continued
efficient administration of the County's Benefit Programs. Additionally, we are in the final
phase of the recruitment process to permanently fill the Employee Benefits Manager position
and hope to have someone on board no later than August 1, 2005. Ms. Soares' historical
perspective and in-depth knowledge in the benefits arena will be a key factor in the training
and mentoring of a new Employee Benefits Manager as we enter contract negotiations with
our recognized employee organizations as well as our health and dental plan carriers.
CONSEQUENCE OF NEGATIVE ACTION
The denial of this contract amendment agreement will negatively impact the successful
transitioning of the new Employee Benefits Manager and will impair the County's ability to
prepare for effective contract negotiations. ,
CONTINUED ON ATTACHMENT: YES SIGNATURE: ..
u-.-`RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMME141MfION BOARD COMMITTEE
_i APPROVE OTHER
SIGNATURES
ACTION OF f DON o � a=K-.T� S APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
, ^ �, nHEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT
NANIMOUS(ABSENT r��'"i�-�- 1 COPY OF AN ACTION TAKEN AND ENTERED ON THE
AYES: NOES: MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE
ABSENT: ABSTAIN: SHOWN.
Orig.Dept: Human Resources Department(Lori Gentles—5-1754) ATTESTED
cc: Human Resources Department JOHN SWEETEN,CLE OF THE BOARD OF
Auditor-Controller S PERVISORS AIVD�c LINTY ADMINISTRATOR
DEPUTY
M382(10/88)
Contra
TO. BOARD OF SUPERVISORS Costa
A' County
FROM: DENNIS M. BARRY, AICP
COMMUNITY DEVELOPMENT DIRECTOR Cey4f
DATE: June 28, 2005
SUBJECT: CONTRACT AMENDMENT WITH ENVIROMENTAL SCIENCE ASSOCIATES ("ESA")
FOR DIVERSION PROGRAM IMPLEMENTATION ASSISTANCE (Contract#C47518
Amendment #2)
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATION
APPROVE and AUTHORIZE the Community Development Director,or his designee,
to execute a contract amendment with ESA to increase the payment limit by$20,000
to a new payment limit in the amount not to exceed $50,800, and to extend the term
from June 30, 2005 to June 30, 2006 to provide for continual services.
FISCAL IMPACT
The cost is covered by solid waste/recycling franchise revenue.
BACKGROUND/REASONS FOR RECOMMENDATIONS
Community Development Department contracted with ESA since July 1, 2003 to
assist the Department to implement selected waste reduction programs to comply
with the California Integrated Waste Management Act(also known as AB939). The
amendment will allow ESA to continue with the service through ne 30 006.
1
CONTINUED ON ATTACHMENT: YES SIGNATU
/RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMb4D ION OF BOARD C MITTEE
1CAPPROVE OTHER
SIGNATURE(S):
ACTION OF BO ON 0 APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
HEREBY CERTIFY THAT THIS IS A TRUE
QNANIMOUS (ABSENT 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: Raymond Wong (925-335-1282) ATTESTED
Cc: Community Development Department (CDD)
Planner: Deidra Dingman (335-1224) JOHN SWEETEN, CLERK OF
THE BOARD OF SUPERVISORS
AND COUNTY ADMINISTRATOR
BY � � � ` �J�--��. , DEPUTY