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 Legal Services Supporting Immigrant Residents of San Mateo County
RECOMMENDATION:
title
Measure K: Adopt a resolution approving a fourth amendment to the agreement with Legal Aid Society of San Mateo County to provide continued 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 $636,177.63, to an amount not to exceed $1,792,948.63, and granting of a waiver of the competitive bidding requirement for acquisition of these services.
body
BACKGROUND:
According to the American Community Survey, a third of San Mateo County residents are foreign-born and many of these residents have children who are United States citizens. These immigrants are important to the vitality of our community and to the San Mateo County economy. The County has identified a need for legal services to support immigrants in the community.
These needed services include: legal workshops providing immigrants with information on topics such as their rights, the path to citizenship, and immigration benefits (e.g., relief for crime victims, Deferred Action for Childhood Arrival (DACA), Special Immigrant Juveniles, Asylum, and removal defense); brief individual consultations and assistance to screen immigrants for potential benefits and to make appropriate legal referrals; assisting immigrants in applying for certain forms of immigration relief, such as special immigrant juvenile status (for abused and abandoned youth), U visas (for crime victims), and DACA benefits; and, responding to immediate and initial needs of immigrants and families affected by enforcement operations.
The County has contracted with the Legal Aid Society of San Mateo County (“Legal Aid Society”) to provide the services described above since 2017, owing to Legal Aid Society’s familiarity with the legal needs of San Mateo County residents, their long experience working with these populations, and their ability to continue providing these services without interruption. The most recent agreement between the County and the Legal Aid Society for these services was entered on July 1, 2019 (“Agreement”), has since been amended three times. The current term of the Agreement is through June 30, 2023, and the maximum amount expendable is $1,156,771.
DISCUSSION:
Since July 2017, the Legal Aid Society, in coordination with partner subcontractor agencies, hosted close to 100 workshops both in-person and virtual which reached over 2,000 individuals, and has provided legal representation to over 1,000 residents of San Mateo County. Staff is in the process of assessing future community need and identifying areas where support is most suitable, given the change in the national political climate. While this analysis proceeds, in light of the turmoil in eastern Europe, the Middle East, and other parts of the world, there remains a need for the continued provision of the services described above. Legal Aid Society and its partner agencies remain uniquely suited to provide these services to County residents.
Under these circumstances, staff recommends that the County amend the Agreement with the Legal Aid Society a fourth time to extend its term for two additional years, effective July 1, 2023, and through June 30, 2025, and to increase the maximum amount payable thereunder by $636,177.63 to $1,792,948.63 (“Fourth Amendment”). The Legal Aid Society subcontracts with partner agencies for some of the services set forth in the Agreement.
The Board has waived the competitive bidding requirements for the Legal Aide 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.
PERFORMANCE MEASURE:
|
Measure |
FY 2022-2023 (YTD) |
|
Legal Representation- Minimum 150 cases |
109 |
|
Individual Consultation |
175 |
|
Legal Workshops- Total of 12 provided |
28 |
EQUITY IMPACT:
The County of San Mateo is dedicated to ensuring equitable access to legal services for immigrants and to fostering inclusive and welcoming communities. The extension of this contract will enable the County to continue a successful program that allows for legal service providers to build capacity and serve the most in need immigrant populations in large group settings. This program allows equitable access to services and legal workshops for immigrants seeking legal consultation, immigration relief and pathway to citizenship who may not have otherwise the resources to seek professional legal services. Staff does not expect any negative impacts from extending this contract.
FISCAL IMPACT:
The Fourth Amendment increases the maximum fiscal obligation under the Agreement by $636,177.63 for a revised not to exceed amount of $1,792,948.63. Appropriation for this amount payable under the 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.