Agenda Item   

AGENDA STAFF REPORT

 

                                                                                                                        ASR Control  21-000379

 

MEETING DATE:

06/22/21

legal entity taking action:

Board of Supervisors

board of supervisors district(s):

All Districts

SUBMITTING Agency/Department:

District Attorney   (Approved)

Department contact person(s):

Glenn Robison (714) 347-8443 

 

 

Kimberly Engelby (714) 834-7487

 

 

Subject:  Approval of 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 2021-22 $6,097,596
FY 2022-23 $6,097,596
FY 2023-24 $6,097,596

 

 

 

    Staffing Impact:

No

# of Positions:

Sole Source: No

    Current Fiscal Year Revenue: N/A

  Funding Source: See Financial Impact Section

County Audit in last 3 years: No

 

 

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

 

RECOMMENDED ACTION(S):

 

 

1.

Authorize the County Procurement Officer, or authorized Deputy, to execute Contract with Waymakers to provide Victim Witness Assistance Program services, effective July 1, 2021, through June 30, 2024, in the annual amount of $6,097,596 for a cumulative total of $18,292,788, and is renewable for two additional one-year terms.

 

2.

Authorize the County Procurement Officer, or authorized Deputy, 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 Contract with Waymakers will allow for the continued administration of the County of Orange's victim witness core services, which will allow for the acceptance of grant awards to administer the State Victim Compensation program, and acceptance of the California Office of Emergency Services grants for the Victim/Witness Assistance Services, Unserved/Underserved Victim Advocacy and Outreach Services and Human Trafficking Victim Advocacy program. 

 

 

 

BACKGROUND INFORMATION:

 

On June 7, 2011, pursuant to Section 13835.2 (a) (2) of the Penal Code, the County of Orange, Board of Supervisors (Board) approved Contract MA-026-11012394 with Waymakers (formerly known as Community Service Programs, Inc.) in the amount not to exceed $2,604,081 per year for the three-year term of July 1, 2011, through June 30, 2014, to be the primary provider of 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, Vertical Prosecution Program - Statutory Rape Victim Services, and Violence Against Women Prosecution Program - Victim Services.  Waymakers is also responsible for complying with the requirement of Section 13835 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.

 

As approved by the Board, Amendments 1 – 14 were issued and executed to renew the contract and to adjust the annual contract amount to reflect the actual grant award amounts approved by CalOES and added the Gang Reduction Intervention Partnership, Victim Compensation and Human Trafficking Victim Advocacy programs.

 

On May 24, 2016, the Board approved Contract MA-026-16011777 with Waymakers in the annual not to exceed amount of $4,599,162 per year and $22,995.810 aggregately for the five-year term effective July 1, 2016, through June 30, 2021.

 

As approved by the Board and/or Administrative action, Amendments 1 – 10 were issued and executed to adjust the annual contract amount to reflect the actual grant award amounts approved by CalOES.

 

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.

 

The DA requests Board approval to issue and execute Contract with Waymakers in an annual amount of $6,097,596 and a cumulative amount of $18,292,788 for a three-year term effective July 1, 2021, through June 30, 2024, renewable for two additional one-year terms, to provide victim witness assistance services and administer 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 CEO will continue to have the administrative responsibilities of Restitution Services, Domestic Victim Services and County XC Program.

 

The Contractors' performance has been confirmed to be at least as satisfactory for the services currently being provided to the DA since July 1, 2016.  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.  On July 1, 2018, Waymakers had changed its name from Community Service Programs, Inc. to Waymakers.

 

The following statistics resulted from the current contract:

1

Child Dependency Services: On referral from County Counsel and the Social Services Agency, Waymakers staff assists and supports children preparing to testify in dependency cases and ensures the safety and comfort of the child.  Additionally, a Victim Advocate participates in the Child Abuse Services Team to provide immediate crisis intervention and support services in cases of suspected child sexual and/or physical abuse.  The program served an average of 1,915 children and teens each year over the past three years.

2

Victim/Witness Services: Victim/Witness Assistance Program Centers are located in each Justice Center and Victim Advocates are additionally stationed at three law enforcement departments, both Family Justice Centers and select advocates are assigned to support the DA’s vertical unit dedicated to homicide and the DA Office’s vertical unit assigned to family violence. The program served an average of 9,983 victims of violent crime each year over the past three years.

3

Underserved/Underserved Victim Advocacy and Outreach – Victim Services: This program provides comprehensive victim services to victims of gang violence in the City of Santa Ana and surrounding area.  These communities have been historically hesitant to work with law enforcement. The partnership with Waymakers provides an opportunity for families to cooperate with law enforcement and access victim services in a safe way.  The Advocates in this program provide services to families beginning immediately after the crime, including death notifications.  The program served an average of 370 victims of gang-related violence each year over the past three years.

4

Human Trafficking Victim Advocacy Program Services: This program supports one Victim Advocate and one Volunteer and Resource Coordinator assigned to the Orange County Human Trafficking Task Force. Comprehensive services including 24-hour response to the field as requested by law enforcement, is provided by advocates helping to support individuals who often have nothing except the clothes on their backs. The personnel assigned to this program, serve an average of 55 victims of human trafficking each year over the past three years.

5

Witness Services: This program utilizes Waymakers Witness Specialists to place subpoenaed witnesses on call or standby notice; provide an orientation to the criminal justice system; and provide case status updates.  The program worked with an average of 11,574 witnesses, each year over the past three years.

6

Domestic Violence Victim Services: Waymakers staff the restraining order clinic located at the Lamoreaux Justice Center in order to assist victims of domestic violence with the detailed application process for obtaining a temporary restraining order.  The program averages assisting more than 300 victims a month.

7

Gang Reduction Intervention Program (GRIP): GRIP provides supportive services for at-risk youth and their families.  The program averages assisting 529, children and tweens each year for the past three years.

8

County XC Program: Waymakers is small piece to an overall County approach to fill gaps in services to victims of crime in Orange County.  The Waymakers component focuses on response to crime-related mass victimization.  This grant project supported Waymakers ability to respond to the Aliso Viejo bombing in May 2018, injuring two people and traumatizing the community; the Tustin Arson in February 2020 that resulted in over 100 residents fleeing the apartment building in the middle of the night, becoming homeless and without any positions; and the recent mass shooting in the City of Orange killing four people including a nine-year-old boy.  This program worked with an average of 246 victims each year over the past three years.

9

Restitution Services: This program assists victims in recovering money for direct financial loss due to a misdemeanor crime.  Waymakers Restitution Specialists determine the amount of financial loss, respond to restitution hearings and distribute collated funds to victims of crime.  Over $1,057,537 was distributed to victims since July 2019.

10

Victim Compensation Program Services: This program is primarily funded from federal fines, fees and penalties to help pay for crime-related expenses incurred by victims of violent crime.  Waymakers advocates assist with the completion of the Victim of Crime Application that needs to be submitted to the state, and Waymakers Claim Specialists verify and finalize approval of qualifying victims and expenses.  Last year alone, this program paid for $2,097,172 of victim’s needs including medical care, mental health therapy, relocation, and funeral/burial expenses.

 

Subcontracts

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

 

An analysis was conducted to determine the cost/benefit of contracting out versus providing this service in-house.  Based on the analysis, staff has determined that contracting for this service is more cost effective.

 

This Contract is being presented to the Board in less than 30 days prior to the commencement of the Contract due to the complexity of the solicitation for this service.

 

 

 

FINANCIAL IMPACT:

 

Appropriations and revenue for this Contract are included in the Budget Control 081 and Budget Control 026 in the FY 2021-22 Recommended Budget and will be included in the budgeting process for future years.  If required, budget adjustments will be included in FY 2021-22 Mid-Year Budget process to adjust appropriations for additional grant revenue. 

 

The funding sources for this Contract include the following:

 

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 - Contract MA-026-21011495 with Waymakers
Attachment B - Request For Proposal # 026-C027585-VC
Attachment C - Evaluation Forms, Memo and Individual Evaluator Score Sheets
Attachment D - Contract Summary Form
Attachment E - Penal Code Section 13835