Special Notice / Hearing: None__
Vote Required: Majority
To: Honorable Board of Supervisors
From: Michael P. Callagy, County Executive Officer
Justin W. Mates, Deputy County Executive
Subject: Measure K: Fourth Amendment to the Agreement with Legal Aid Society of San Mateo County For Removal Defense Legal Services
RECOMMENDATION:
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Measure K: Adopt a resolution approving a fourth amendment to the agreement with Legal Aid Society of San Mateo County (“Legal Aid Society”) to continue to provide removal defense legal services supporting immigrant residents of San Mateo County, extending the term through June 30, 2025, and increasing the amount payable under the agreement by $1,737,725, to an amount not to exceed $4,810,388, and granting a waiver of the competitive bidding requirement for acquisition of these services.
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BACKGROUND:
The Migration Policy Institute estimates that about 55,000 San Mateo County immigrant residents are unauthorized residents, and that about 60% of them have lived in the United States for more than 10 years. More than 70% of the adults are employed, and many have U.S. citizen children. These San Mateo County residents are part of the social, economic, and cultural fabric of our community.
In 2018, as a response to the heightened immigration enforcement priority under the previous presidential administration, the County of San Mateo contracted with the Legal Aid Society (“Agreement”) to provide: legal representation for immigrants living in San Mateo County in removal actions; urgent legal assistance to individuals referred by the San Mateo County Rapid Response Hotline; and coordination of the San Mateo County Rapid Response Network. Legal Aid Society provided these services in collaboration with partner non-profit legal services agencies. The Agreement was entered into for an original term of September 1, 2019 through June 30, 2020, for an amount not to exceed $662,783 and it was subsequently amended three times to extend the term through June 30, 2023, and to increase the total amount payable under the agreement to an amount not to exceed $3,072,663.
DISCUSSION:
Since September 2018, the Legal Aid Society, in coordination with partner subcontractor agencies, has represented 219 individuals in removal proceedings pursuant to the Agreement, and 104 cases have been closed. Of these 104 closed cases, there have been successful outcomes in 91 of the cases litigated, six (6) cases moved to a client-hired attorney, two (2) cases the client relocated, two (2) cases the client returned to home country, one (1) case transferred out of county, one (1) case under appeal after denial, and one (1) case where the outcome is unknown.
The life of a case can last several years, and there are 115 active cases remaining in progress, with individuals represented live throughout the County. Of those represented, 62% are 18 years of age or younger, about 64% of individuals have sought asylum, and almost 23% have filed for Special Immigrant Juvenile Status. In conjunction with legal service representation, the Rapid Response Network has fielded more than 1,500 calls, participated in more than 750 events, and outreached to more than 16,000 people.
With a shift in deportation enforcement policies under the current federal administration, staff is in the process of assessing future community need and identifying areas where support is most suitable, including thorough evaluation of the Immigrant Inclusion Survey results. While this analysis proceeds, in consideration of the legal needs of the 115 ongoing active cases undertaken pursuant to the Agreement to date, there remains a need for the continuation of the legal services provided under the Agreement for those clients.
Under these circumstances, staff recommends that the County amend the existing agreement with the Legal Aid Society a fourth time to extend its term for two more years, effective July 1, 2023, and through June 30, 2025, and to increase the maximum amount payable by an additional $1,737,725 to $4,810,388 (“Fourth Amendment”). As was the case for the Agreement during the preceding year, the Legal Aid Society will contract with the County and intends, in turn, to subcontract with partner non-profit legal services agencies for some of the services set forth in the Agreement. While no new cases will be undertaken during this extension period, the contractors will continue to pursue resolution of the 115 remaining client cases.
The Board has waived the competitive bidding requirements for the Legal Aid Society’s services under the Agreement and previous amendments. Given the Legal Aid Society’s unique experience working in and with affected San Mateo County communities and their ability to provide legal services without interruption on active cases for additional years, staff recommends that the competitive bidding process again be waived with respect to the services covered by the Fourth Amendment pursuant to Administrative Memorandum B-1, IV.B.1 (“Expert witnesses, legal defense, legal advice, or other legal services”) and San Mateo Ordinance Code Section 2.83.050(e) (providing the Board “may waive any of the provisions of this chapter which require competitive bidding in any situation where the Board of Supervisors determines that the best interests of the County would be served without the necessity of competitive bidding”).
The Fourth Amendment and resolution have been reviewed and approved as to form by the County Attorney’s Office as to form.
PERFORMANCE MEASURE:
Summary as of March 31, 2023:
o Total Cases Served: 219
o Active Cases (YTD): 115
o Cases Closed: 104
EQUITY IMPACT:
The County of San Mateo is dedicated to fostering inclusive and welcoming communities by ensuring equitable access to urgent legal services for unauthorized immigrants. The extension of this contract will enable the County to continue to support the pursuit of citizenship for 115 at-risk immigrants seeking asylum, including unaccompanied minors. The program seeks to prevent removal and separation of these individuals and/or families from their established communities.
FISCAL IMPACT:
The Fourth Amendment increases the maximum fiscal obligation under the Agreement by $1,737,725 for a revised not to exceed amount of $4,810,388. Appropriation for this Amendment has been included in the County Executive’s Office FY 2023-24 Recommended Budget. This contract will be fully funded by Measure K Reserves.