AGENDA ITEM SUBMITTAL FORM BOARD OF SUPERVISORS CLERK OF THE BOARD 222 E. Weber Avenue, Room 701 Stockton, California 95202

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1 AGENDA ITEM SUBMITTAL FORM BOARD OF SUPERVISORS CLERK OF THE BOARD 222 E. Weber Avenue, Room 701 Stockton, California For Clerk's Use Only: AGENDA NUMBER SUBMIT ONE COPY OF THIS FORM WITH EACH BOARD AGENDA ITEM. At the time of submitting your agenda item documents, please provide ONE ORIGINAL & 15 COPIES OF THE BOARD LETTER AND ANY ACCOMPANYING DOCUMENTS ( Resolutions, Board Orders, Contracts, etc.) for distribution after Board Approval. If more than one original is required, you must provide the appropriate number of originals to be executed by the Board of Supervisors. DATE: 10/1/09 DEPARTMENT: District Attorney CONTACT & PHONE #: Tony Rocha AGENDA ITEM TITLE: RESOLUTION TO CONTRACT FOR A GRANT WITH THE CALIFORNIA DEPARTMENT OF INSURANCE FOR THE AUTOMOBILE INSURANCE FRAUD PROSECUTION PROGRAM ANDTO ADJUST APPROPRIATIONS AND REVENUES IN THE AUTOMOBILE INSURANCE FRAUD BUDGET UNIT PROPOSED AGENDA PLACEMENT DATE: 10/13/09 PROPOSED CALENDAR: L & J-Consent DISTRIBUTION : (MAILING ADDRESSES MUST BE PROVIDED IF NOT A COUNTY DEPARTMENT) TO: DOCUMENT # OF COPIES COB Resolution/Approp/Est Rev form I each District Attorney Resolution/Approp/Est Rev form I each (orig. resolution) Auditor-Controller Appropriation/Est. Revenue form I County Administrator Resolution/Approp/Est Rev form 1 each f.3 List any special instructions to the Clerk of the Board: Please provide an original iply o f4he: igned resolution to Tony Rocha ( ) for submission to the Department of I#suce., FINAL AGENDA PLACEMENT DATE: FINAL CA E r I m Lr) i C) C cj AGENDA ITEMS MUST BE REVIEWED AND SIGNED OFF BY HL +' DE&RTMENT HEAD, COUNTY ADMINISTRATOR AND COUNTY COUNSEL. Department I-lead Signatur County Administrator Signat County Counsel Signat I/15/02 DISTRIBUTED BY: DATE:

2 OFFICE OF THE DISTRICT ATTORNEY SAN JOAQUIN COUNTY MAIN OFFICE 222 East Weber Avenue, Suite 202, Stockton, California P.O. Box 990, Stockton, California Telephone: (209) Fax: (209) JAMES P. WILLETT DISTRICT ATTORNEY EDWARD J. BUSUTTIL ASSISTANT DISTRICT ATTORNEY October 1, 2009 Board of Supervisors Courthouse Stockton, CA Dear Board Members: RESOLUTION TO CONTRACT FOR A GRANT WITH THE CALIFORNIA DEPARTMENT OF INSURANCE FOR THE AUTOMOBILE INSURANCE FRAUD PROSECUTION PROGRAM AND TO ADJUST APPROPRIATIONS AND REVENUES IN THE AUTOMOBILE INSURANCE FRAUD BUDGET UNIT (4/5ths Vote Required) RECOMMENDATION It is recommended that the Board of Supervisors: 1) Authorize the Chairman of the Board to sign the attached resolution to authorize the District Attorney to enter into a Grant Award Agreement and sign all grant award documents, modifications, and extensions with the California Department of Insurance for the Automobile Insurance Fraud Prosecution Program. 2) Approve the attached appropriation/revenue estimate form to match appropriations and revenues with the funds available for the Automobile Insurance Fraud Prosecution budget unit. REASON FOR RECOMMENDATION: The District Attorney's Office recently received notification of the grant award for continued funding for the Automobile Insurance Fraud Prosecution Program for The District Attorney's Office has operated an Automobile Insurance Fraud Prosecution Program for the past 19 years. The department's Automobile Insurance Fraud Unit has established a successful operation which has resulted in numerous prosecutions and convictions.

3 Board of Supervisors RE: Grant Award - Automobile Insurance Fraud Prosecution October 13, 2009 Page 2 Since 1990, the District Attorney's Office has received a grant award based on an assessment made by the Department of Insurance. The funds received for this project are deposited into the District Attorney's State Auto Insurance Fraud Prosecution Trust Fund (Fund #12123) and are used to reimburse expenses incurred during the investigation and prosecution of grant qualifying automobile insurance fraud cases. In this funding will support 70% of a Deputy District Attorney position, 70% of a District Attorney Investigator position, 50% of a District Attorney Investigative Assistant position, 50% of a Legal Technician position, and all other grant related operating expenses. NET COUNTY COST: There is no Net County Cost for this program. Appropriations for this grant of $357,288 were included in the approved District Attorney budget. The attached appropriation/revenue estimate form will increase appropriations and revenues by $403 to match the final grant award from the California Department of Insurance of $357,691. The grant award represents an increase of $14,812 from the grant award. Appropriations will be increased slightly for salaries and travel expenditures associated with the grant to meet the funding available for the Automobile Insurance Fraud grant. There is no in-kind or local match required. ACTIONS TO BE TAKEN FOLLOWING APPROVAL: Following approval by the Board of Supervisors, an original copy of the resolution will be forwarded to the District Attorney's Office for processing of the grant award to the Department of Insurance and forward the approved request for adjustments, additional appropriations/estimated revenue form to the Auditor-Controller for processing. Sincerely, (IU James P. Willett District Attorney cc: County Administrator Auditor-Controller Clerk of the Board for Agenda of October 13, 2009

4 BEFORE THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN JOAQUIN STATE OF CALIFORNIA R RESOLUTION TO CONTRACT FOR A GRANT WITH THE CALIFORNIA DEPARTMENT OF INSURANCE FOR THE AUTOMOBILE INSURANCE FRAUD PROSECUTION PROGRAM WHEREAS, the County of San Joaquin desires to undertake a certain project designated the Automobile Insurance Fraud Prosecution and Investigation Program to be funded by the California Department of Insurance (hereafter referred to as DOI) pursuant to authority granted to the Insurance Commissioner under the provisions of Section of the California Insurance Code. NOW, THEREFORE, BE IT RESOLVED, that the District Attorney of the County of San Joaquin is authorized, on its behalf, to submit a proposal for an Automobile Insurance Fraud Prosecution and Investigation Program to DOI and is 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 DOI and that the cash match will be appropriated as required.* BE IT FURTHER RESOLVED that grant funds received hereunder shall not be used to supplant funds which in the absence of program funds would be made available for any portion of the local Automobile Insurance Fraud Program. PASSED AND ADOPTED 10/13/09, by the following vote of the Board of Supervisors of the County of San Joaquin, to wit: AYES: Villapudua, Bestolarides, Vogel, Ruhstaller, Ornellas NOES: None ABSENT: None Leroy Ornellas Leroy Ornellas, Chairman Board of Supervisors County of San Joaquin State of California Attest: LOIS M. SAHYOUN, Clerk of the Board of Supervisors of the County of San Joaquin State of California By: Caroline Junco Deputy Clerk *This DOI Auto Insurance Fraud Prosecution and Investigation Program does not require a county match. If DOI subsequently imposes a county match requirement, the District Attorney will seek Board of Supervisors approval before obligating the county or committing general fund money.

5 COUNTY OF SAN JOAQUIN REQUEST FOR ADJUSTMENT, ADDITIONAL APPROPRIATIONS if EST. REV. OR TRANSFER OF FUNDS FISCAL YEAR : 2009/10 (YYYY/YY) BD. ORDER NO. B_09 _1062 CONTROL NO. APPROPRIATIONS: Fund No. Dept No. Account No. Prog. No. Proj./Grant No INCREASE DECREASE I ANCHOR ROW - DO NOT ENTER DATA ON THIS ROW // COPY LINE9.BOVE THIS ROW TOTAL ESTIMATED REVENUE : Fund No. Dept No. Account No. Prog. No. rot. rant No INCREASE DECREASE ANCHOR ROW - DO NOT ENTER DATA ON THIS ROW // COPY LINE9.BOVE THIS ROW TOTAL FUNDS (CASH ): Fund No. Dept No. Account No. Transfers Out Transfers In ANCHOR ROW - DO NOT ENTER DATA ON THIS ROW // COPY LINE%BOVE THIS ROW TOTAL REQUEST TOTAL REASON FOR REQUEST: To adjust appropriations and revenues in the DA - Auto Insurance Fraud budget unit to account for an increase of $403 in the grant award for REQUESTED BY 10/1/09 James P. Willett DATE CEI'AR-NIENT HEAD APPROVED: DATE COUNTY ADMINISTRATOR BOARD OF SUP 61T% ue I HEREBY CERTIFY that the above order was passed and adopted on ^^..77 by the following vote of the Board of Supe rvisors. to wit: MOTION ogel/villapudua/5 AYES: Villapudua, Bestolarides, Vogel, Ruhstaller, Ornellas NOES: None ne Caroline Junco BY None DEOUTY CLERK ABSENT: APP REQ

6 INSURANCE COMMISSIONER OF THE STATE OF CALIFORNIA GRANT AWARD AGREEMENT Fiscal Year Automobile Insurance Fraud Program The Insurance Commissioner of the State of California hereby makes award of funds to the San Joaquin County, Office of the District Attorney in the amount and for the purpose and duration set forth in this grant award. This grant award consists of this title page and the application for the grant, which is attached and made a part hereof. By acceptance of the grant award, the grant award recipient agrees to administer the grant project in accordance with all applicable statutes, regulations and Request-for-Applications (RFA). Duration of Grant : The grant award is for the program period, July 1, 2009 through June 30, Purpose of Grant: This grant award is made pursuant to the provisions of California Insurance Code Section and shall be used solely for the purposes of enhanced investigation and prosecution of automobile insurance fraud and economic car theft cases. Amount of Grant : The grant award agreed to herein is in the amount of $357,691. This amount has been determined by the Insurance Commissioner. However, the actual total award amount for the county is contingent on the collection and the authorization for expenditure pursuant to the Government Code Section et seq. The grant award shall be distributed pursuant to Section of the Insurance Code and to the California Code of Regulations Subchapter 9, Article 4, Section Official Authorized to Sign for Applicant/Grant Recipient STEVE POIZNER Insurance Commissioner Na e: James Willett Titl : District Attorney Address: 222 E. Weber Avenue, Room 202 Stockton, CA Name: Rick Plein Title: Deputy Commissioner Date: l p ji l ci Date: I hereby certify upon my own personal knowledge that budgeted funds are available for the period and purposes of this expenditure. Julia Cross, Fiscal Officer, CDI Date

7 BEFORE THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN JOAQUIN STATE OF CALIFORNIA R RESOLUTION TO CONTRACT FOR A GRANT WITH THE CALIFORNIA DEPARTMENT OF INSURANCE FOR THE AUTOMOBILE INSURANCE FRAUD PROSECUTION PROGRAM WHEREAS, the County of San Joaquin desires to undertake a certain project designated the Automobile Insurance Fraud Prosecution and Investigation Program to be funded by the California Department of Insurance (hereafter referred to as DOI) pursuant to authority granted to the Insurance Commissioner under the provisions of Section of the California Insurance Code. NOW, THEREFORE, BE IT RESOLVED, that the District Attorney of the County of San Joaquin is authorized, on its behalf, to submit a proposal for an Automobile Insurance Fraud Prosecution and Investigation Program to DOI and is 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 DOI and that the cash match will be appropriated as required.* BE IT FURTHER RESOLVED that grant funds received hereunder shall not be used to supplant funds which in the absence of program funds would be made available for any portion of the local Automobile Insurance Fraud Program. PASSED AND ADOPTED 10/13/09, by the following vote of the Board of Supervisors of the County of San Joaquin, to wit: AYES: Villapudua, Bestolarides, Vogel, Ruhstaller, Ornellas NOES: None ABSENT: None oy me Chairman B rd isors Co y of San Joaquin State of California Attest: LOIS M. SAHYOUN, Clerk of the Board of Supervisors of the County of San Joaquin State of -Iifornia By: ;' 1. Y' u Deputy Clerk *This DOI Auto Insurance Fraud Prosecution and Investigation Program does not require a county match. If DOI subsequently imposes a county match requirement, the District Attorney will seek Board of Supervisors approval before obligating the county or committing general fund money.

8 COUNTY OF SAN JOAQUIN REQUEST FOR ADJUSTMENT, ADDITIONAL APPROPRIATIONS / EST. REV. OR TRANSFER OF FUNDS FISCAL YEAR : 2009/10 (YYYY/YY) BD. ORDER NO. CONTROL NO. B APPROPRIATIONS : Fund No. Dept No. Account No. Prog. No. Proj./Grant No INCREASE DECREASE ANCHOR ROW - DO NOT ENTER DATA ON THIS ROW;, COPY LINES ABOVE THIS ROW TOTAL ESTIMATED REVENUE : Fund No. Dept No. Account No. Prog. No. Fro/./Grant No. INCREASE DECREASE ANCHOR ROW - DO NOT ENTER DATA ON THIS ROW 'COPY LINES ABOVE! HIS ROW TOTAL FUNDS (CASH ): Fund No. Dept No. Account No. Transfers Out Transfers In ANCHOR ROW -DO NOT ENTER DATA ON THIS ROW ;COPY LINES ABOVE THIS ROW TOTAL - REQUEST TOTAL - REASON FOR REQUEST: To adjust appropriations and revenues in the DA - Auto Insurance Fraud budget unit to account for an increase of $403 in the grant award for REQUESTED BY: 10/1/09 James P. Willett DATE DEPARTMENT HEAD APPROVED: 10/13/09 Rosa Lee, Assistant County Administrator DATE COUNTY ADMINISTRATOR BOARD OF SUPERVISORS I HEREBY CERTIFY that the above order was passed and adopted on 10/13/2009 by the following vote of the Board of Supervisors, to wit: MOTION: Vogel/Villapudua/5 AYES: Villapudua, Bestolarides, Vogel, Ruhstaller, Ornellas NOES: None ABSENT: None APP REQ BY. Caroline Junco DEPUTY CLERK

9 AGENDA ITEM SUBMITTAL FORM BOARD OF SUPERVISORS CLERK OF THE BOARD 222 E. Weber Avenue, Room 701 Stockton, California For Clerk's Use Only: AGENDA NUMBER SUBMIT ONE COPY OF THIS FORM WITH EACH BOARD AGENDA ITEM. At the time of submitting your agenda item documents, please provide ONE ORIGINAL & 15 COPIES OF THE BOARD LETTER AND ANY ACCOMPANYING DOCUMENTS (Resolutions, Board Orders, Contracts, etc.) for distribution after Board Approval. If more than one original is required, you must provide the appropriate number of originals to be executed by the Board of Supervisors. DATE: 10/1/09 DEPARTMENT: District Attorney CONTACT & PHONE #: Tony Rocha AGENDA ITEM TITLE : RESOLUTION TO CONTRACT FOR A GRANT WITH THE CALIFORNIA DEPARTMENT OF INSURANCE FOR THE AUTOMOBILE INSURANCE FRAUD PROSECUTION PROGRAM ANDTO ADJUST APPROPRIATIONS AND REVENUES IN THE AUTOMOBILE INSURANCE FRAUD BUDGET UNIT PROPOSED AGENDA PLACEMENT DATE: 10/13/09 PROPOSED CALENDAR: L & J-Consent DISTRIBUTION : (MAILING ADDRESSES MUST BE PROVIDED IF NOT A COUNTY DEPARTMENT) TO: DOCUMENT # OF COPIES COB Resolution/Approp/Est Rev form 1 each District Attorney Resolution/Approp/Est Rev form = teach (orig. resolution) Auditor-Controller Appropriation/Est. Revenue form County Administrator Resolution/Approp/Est Rev form J 'each cti cx^ List any special instructions to the Clerk of the Board: Please provide an origi al pyy o f4heigned resolution to Tony Rocha ( ) for submission to the Department of I+su > ice.z4 n FINAL AGENDA PLACEMENT DATE: FINAL CA E R= rrl U-n o c Q M AGENDA ITEMS MUST BE REVIEWED AND SIGNED OFF BY THE' DERTMENT HEAD, COUNTY ADMINISTRATOR AND COUNTY COUNSEL. Department Head Signatur County Administrator Signat r County Counsel Signatyy, Y.i. e A /1-1 Date ) OO Date Date 2,.xf 1/15/02 DISTRIBUTED BY: - ` DATE: T