Agenda Item AGENDA STAFF REPORT ASR Control 24-000279
MEETING DATE:	06/25/24
legal entity taking action:	Board of Supervisors
board of supervisors district(s):	All Districts
SUBMITTING Agency/Department:	District Attorney (Approved)
Department contact person(s):	Matthew Pettit (714) 347-8440
	Keith Bogardus (714) 347-0511

Subject: Approve Amendment Five to renew Contract for Victim Witness Assistance Program

ceo CONCUR

County Counsel Review

Clerk of the Board

Concur

Approved Agreement to Form

Discussion

3 Votes Board Majority

Budgeted: N/A

Current Year Cost: N/A

Annual Cost: FY 2024-25 $5,987,718

Staffing Impact:

# of Positions:

Sole Source: No

Current Fiscal Year Revenue: N/A

Funding Source: See Financial Impact Section	County Audit in last 3 years: No
Levine Act Review Completed: N/A

Prior Board Action: 6/22/2021 #19, 5/24/2016 #37, 6/7/2011 #27

RECOMMENDED ACTION(S):

Authorize the County Procurement Officer or Deputized designee to execute Amendment Number Five to renew and amend Contract MA-026-21011495 with Waymakers to provide Victim Witness Assistance Program services, effective July 1, 2024, through June 30, 2025, in the annual amount of $5,987,718 for a cumulative total of $24,478,128, renewable for one additional one-year term.

Authorize the County Procurement Officer or Deputized designee to adjust the annual contract amount to reflect the actual grant award amount approved by the California Office of Emergency Services and the Victim Compensation and Government Claims Board pursuant to the Contract Policy Manual section 3.4-113.

SUMMARY:

Approval of Amendment Number Five to renew contract with Waymakers will allow for the continued administration of the County of Orange's victim witness core services and acceptance of grant awards to administer the State Victim Compensation program.

BACKGROUND INFORMATION:

Waymakers provides to the District Attorney (DA), victim witness assistance services in Orange County and administer the California Office of Emergency Services (CalOES) grants including Victim/Witness Assistance Services and Unserved/Underserved Victim Advocacy and Outreach Services as well as other programs such as Restitution Services, Witness Services, Domestic Violence Assistance - Victim Services, Child Dependency Services, Gang Reduction Intervention Partnership Services, Victim Compensation Services and Human Trafficking Victim Advocacy Services. Waymakers is also responsible for complying with the requirement of Section 13835.2(a)(2) of the Penal Code, which mandates submittal and approval of crime victim and witness services applications to the California Victim Compensation and Government Claims Board.

On March 6, 2021, the County issued Request-For-Proposal (RFP) 026-C027585-VC to solicit proposals from interested organizations to provide the comprehensive victim witness assistance services. Waymakers was the only organization that submitted a response to the RFP. An evaluation panel of three members (two from the District Attorney (DA) and one from the County Executive Office (CEO) rated the proposal with a total score of 98.8 percent and recommended awarding a contract to Waymakers. DA staff have conducted due diligence on Waymakers. Reference checks were satisfactory and completed with Human Options, Anaheim Police Department and La Habra Police Department regarding similar services. The Orange County Preference Policy (OCPP) was applicable and incorporated into this solicitation. No OCPP qualified proposals were submitted.

On June 22, 2021, pursuant to Section 13835.2 (a) (2) of the Penal Code, the Board approved Contract MA-026-21011495, with Waymakers for Victim Witness Assistance Program Services. The following are the past administrative and prior Board actions for this contract:

Board of Supervisors (Board)

Approved

Amendment

Number or

Contract

Contract Term

Contract

Amount

Comments

6/22/2021

Contract

7/1/21 - 6/30/24, renewable for two additional one year terms

$18,292,788

New contract approved by the Board pursuant to the County's 2019 Contract Policy Manual, Section 3.3 - 102.

n/a

Number One

7/1/21 - 6/30/24

$18,375,250

Amendment Number One approved administratively to increase the Contract by $82,462 for a cumulative amount of $18,375,250.

n/a	Number Two	7/1/21 - 6/30/24	$18,203,949	Amendment Number Two approved administratively to decrease the Contract by $171,301 for a cumulative amount of $18,203,949.
n/a	Number Three	7/1/21 - 6/30/24	$18,203,949	Amendment Number Three approved administratively to incorporate a nondisclosure agreement and County of Orange Policies and Procedures into the Contract.
n/a	Number Four	7/1/21 - 6/30/24	$18,490,410	Amendment Number Four approved administratively to increase the Contract by $286,461 for a cumulative amount of $18,490,410.

The DA now requests Board approval to issue and execute Amendment Number Five to Contract MA-026-21011495 with Waymakers in an annual amount of $5,987,718 and a cumulative amount of $24,478,128 for a one-year term effective July 1, 2024, through June 30, 2025, renewable for one additional one-year term, to provide victim witness assistance services and administer California Governor's Office of Emergency Services (CalOES) grants including Victim/Witness Assistance Services, Unserved/Underserved Victim Advocacy and Outreach Services and Human Trafficking Victim Advocacy as well as other programs such as Restitution Services, Witness Services, Domestic Violence Assistance - Victim Services, Child Dependency Services, County Victim Services (XC) Program, Gang Reduction Intervention Partnership – Case Management Services and Victim Compensation Program as referenced in the Recommended Actions.

The DA will continue to be responsible for the administration of the majority of the service programs in this Contract. The County Executive Office will continue to have the administrative responsibilities of Restitution Services, Domestic Victim Services and County XC Program.

The Contractors' performance under the contract has been confirmed to be at least as satisfactory for the services currently being provided to the DA. This includes the submission of the monthly program statistics reports, quarterly progress reports, and annual audit reports to the County. DA has verified there are no concerns that must be addressed with respect to Contractor’s ownership/name, litigation status or conflicts with County interests. The Orange County Preference Policy is not applicable to this contract award.

This Contract does not currently include subcontractors or pass through to other providers. See Attachment C for Contract Summary Form.

This Contract renewal is being presented to the Board in less than 30 days prior to the commencement due to the need of updated budget reports provided by the CalOES.

FINANCIAL IMPACT:

Appropriations and revenue for this Contract are included in the Budget Control 081 and Budget Control 026 in the FY 2024-25 Recommended Budget and will be included in the budgeting process for future years. If required, budget adjustments will be included in FY 2024-25 Mid-Year Budget process to adjust appropriations for additional grant revenue.

The funding sources for this Contract:

Federal Revenue:	57%	Federal Victim of Crimes Act (VOCA)
State Revenue:	14%	California Restitution Fund 9% and California State Penalty Fund 5%
Other:	29%	Orange County School District 8% and General Fund 21%

The Contract contains language allowing the County to terminate the Contract, reduce the level of services and/or renegotiate the levels of services to be provided.

STAFFING IMPACT:

N/A

ATTACHMENT(S):

Attachment A - Amendment Number Five to Contract MA-026-21011495 with Waymakers
Attachment B - Contract MA-026-21011495 - Redline
Attachment C - Contract Summary Form
Attachment D - Penal Code Section 13835.2