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Agenda Item
ASR
Control 21-000486 |
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MEETING DATE: |
06/22/21 |
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legal entity taking action: |
Board of Supervisors |
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board of supervisors
district(s): |
1, 3, 5 |
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SUBMITTING
Agency/Department: |
Sheriff-Coroner
(Approved) |
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Department contact
person(s): |
Joe Balicki (714) 647-1839 |
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Lisa Von Nordheim (714) 647-4196 |
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Subject: Approve Partners for a Safer
America Contract for Bail Bond Advertising in Jails
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ceo CONCUR |
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Clerk of the Board |
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Concur |
Approved Agreement to Form |
Consent Calendar |
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3 Votes Board Majority |
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Budgeted: N/A |
Current Year Cost:
N/A |
Annual Cost:
N/A |
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Staffing Impact: |
No |
# of Positions:
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Sole Source:
Yes |
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Current Fiscal Year Revenue: N/A
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Prior Board Action: 6/23/2015
#5 |
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RECOMMENDED ACTION(S):
Authorize the County Procurement Officer or authorized Deputy to execute Partners for a Safer America contract for provision of revenue-producing bail bond and criminal defense attorney advertising in Orange County jail facilities, for a five-year term effective upon Board of Supervisors approval, in the estimated annual revenue amount of $330,000, for a cumulative revenue contract total of $1,650,000.
SUMMARY:
Approval of the contract with Partners for a Safer America will allow the Sheriff-Coroner Department to continue to contract for revenue-producing bail bond advertising in Orange County jail facilities, pursuant to Ordinance 09-00.
BACKGROUND INFORMATION:
Government Code Section 26109 provides for the sale of advertising space on county property. Many jails and detention facilities in California provide inmates with access to bail agent information as a public service and generate revenue by selling advertising space within county jails to bail bond agents and criminal defense attorneys. Most counties that sell advertising space do so through contracts with neutral third parties who provide informational signboards within jail facilities, upon which advertisements and information regarding bail agents and criminal defense attorneys are posted. Use of these private entities reduces the counties' exposure to potential liability. The signboards are placed in the jail facilities at no cost to the counties, and the counties receive revenue either through a percentage of the advertising sales or through fees paid by the third-party vendor.
On November 24, 2009, the Board of Supervisors (Board) adopted Ordinance 09-007, which added Section 1-2-126 to the Codified Ordinances of the County of Orange regarding bail bond agent and criminal defense attorney signboards in County jails. This ordinance allows the sale of advertising space in Orange County jails to bail bond agents and criminal defense attorneys through agreements with private third-party providers of such services. While the ordinance provides an equitable means for bail bond agents and criminal defense attorneys to advertise their services and promotes a more efficiently run criminal justice system, it also provides the opportunity to generate revenue for the County. Other benefits to the County result from the posting of bail bond information early in the booking process, which also assists in the reduction of the jail population. By providing arrestees with this information early in the process, they could potentially bail out more quickly. Inmates' rights are better protected if information regarding bail bond services and attorney information is readily available to inmates.
On June 23, 2015, the Board approved a new sole source contract with Partners for a Safer America for the term of June 23, 2015, through July 1, 2015. As with the previous contract, for the first year of the contract the contractor paid the County 70 percent of the monthly gross revenue generated by advertising fees. The County's share increased to 75 percent for the second year, and increased to 80 percent for the third through fifth years of the contract. The signboards are provided by the contractor at no cost to the County, and the Sheriff-Coroner Department (Sheriff) posts the signboards within the jail facilities with the discretion to determine the location of the signboards.
On June 30, 2021, during the midst of the COVID-19 Pandemic, the County received guidance from the State of California regarding the containment of the COVID-19 virus to minimize the impact of the Pandemic. This guidance included restrictions that impeded the ability of Sheriff to complete the Request for Proposal and contract negotiation processes; thus, the contract was extended as Amendment Number One to the sole source Contract with Partners for a Safer America for the term of July 1, 2020, through June 30, 2021, in an estimated annual revenue amount of $330,000. The County's share was reduced from 80 to 70 percent for the extension period due to vendor’s increased costs due to the bail reform movement. The extension was approved administratively by the Deputy Purchasing Agent based on the delegated authority granted by the Board as reflected in the Resolution of the Board of Supervisors of Orange County, California, Authorizing Emergency Contracting Authority dated March 26, 2020.
Sheriff now requests Board approval of the sole source contract with Partners for a Safer America for provision of revenue-producing bail bond and criminal defense attorney advertising in Orange County jail facilities, for a five-year term effective upon Board of Supervisors Approval, in the estimated annual revenue amount of $330,000, for a cumulative revenue contract total of $1,650,000, as noted in the Recommended Actions. This contract does not currently include subcontractors or pass through to other providers. See Attachment E for the Contract Summary Form. Contractor performance has been confirmed as at least satisfactory. Sheriff has verified that there are no concerns that must be addressed with respect to contractor's ownership/name, litigation status or conflicts with County interests.
FINANCIAL IMPACT:
There is no cost to the County resulting from this contract. Estimated revenue of $330,000 is anticipated during FY 2021-22, and is included in the Sheriff-Coroner Department's FY 2021-22 Recommended Budget for Budget Control 060.
STAFFING IMPACT:
N/A
ATTACHMENT(S):
Attachment A – Partners for a Safer America Contract
MA-060-21011360
Attachment B - Ordinance 09-007
Attachment C - California Government Code 26109
Attachment D - Sole Source Request Form
Attachment E - Contract Summary Form