DATE: September 10, 2024
TO: Board of Supervisors
SUBMITTED BY: Sanja Bugay, Director, Department of Social Services
SUBJECT: Agreement with Central California Legal Services
RECOMMENDED ACTION(S):
TITLE
1. Under Administrative Policy No. 34 for competitive bids or requests for proposals, determine that an exception to the competitive bidding requirement is satisfied and a suspension of competition is warranted due to unusual or extraordinary circumstances, and that the best interests of the County would be served by entering into an agreement with Central California Legal Services as the vendor is uniquely qualified to provide legal services; and,
2. Approve and authorize the Chairman to execute an Agreement with Central California Legal Services for legal services to Housing Disability and Advocacy Program clients, effective September 10, 2024, which includes a ten-month base contract and an optional one-year extension, total not to exceed $845,591.
REPORT
There is no additional Net County Cost associated with the recommended actions. Approval of the recommended actions will allow the Department of Social Services to provide legal services to Housing Disability and Advocacy Program (HDAP) clients through Central California Legal Services (CCLS). If approved, CCLS will continue to represent HDAP clients through the disability appeals process, helping more HDAP clients receive the benefits they are eligible for, move towards self-sufficiency, and resolve their homelessness. The item is countywide.
ALTERNATIVE ACTION(S):
Should your Board choose not to approve the recommended actions, HDAP clients needing disability legal aid will not receive adequate representation to navigate the disability application and appeals process. This will result in fewer clients being approved for disability benefits which may result in a return to homelessness.
SUSPENSION OF COMPETITION/SOLE SOURCE CONTRACT:
It is requested that the County find that an exception to the competitive bidding requirement is satisfied under Administrative Policy No. 34, and a suspension of competition is warranted due to unusual or extraordinary circumstances. CCLS is a non-profit entity whose mission is to represent disadvantaged populations and maintain access to the legal system. CCLS was willing to partner with the County to develop a pilot program to meet the legal service needs of HDAP clients. This pilot program began in January 2024 through a procurement agreement. CCLS was chosen for their expertise and experience working with clients seeking disability benefits. The Department and CCLS continue to develop the legal service component for HDAP, therefore continuing with CCLS is vital to the success of the program. Ending this program after nine months or switching to a different provider before the pilot is complete would negatively impact the HDAP clients currently being served by CCLS. The Internal Services Department - Purchasing Division concurs with this decision.
FISCAL IMPACT:
There is no increase in Net County Cost associated with the recommended actions. The maximum compensation of the recommended agreement ($845,591) will be funded by HDAP and the Housing and Urban Development (HUD) Emergency Solutions Grant. Sufficient appropriations and estimated revenues are included in the Department’s Org 5610 FY 2024-2025 Recommended Budget and will be included in subsequent budget requests.
DISCUSSION:
The Housing and Disability Advocacy Program was established in June 2016, from Assembly Bill 1603 (Chapter 25, Statues of 2016). The County began offering HDAP services through an Agreement with WestCare California, Inc. (WestCare) on September 11, 2018 to provide housing assistance and disability advocacy to HDAP clients. Data shows that nationwide, 70% of disability applicants are denied at their initial application, and the appeals process can take up to 2 years. Additionally, applications at in the appeal stage are more likely to be approved when the client has legal representation. Because of this, the Department sought out vendors to provide legal services to help HDAP clients improve upon their applications and represent them through the appeals process.
CCLS was contacted and presented themselves as willing to partner with the Country to develop the legal module to meet the needs of HDAP clients. CCLS was chosen for their expertise and experience working with clients seeking disability benefits. CCLS began a pilot program providing legal services to HDAP clients on behalf of the County in January 2024 through a procurement agreement. CCLS is working closely with WestCare to train their staff on how to build stronger disability cases before clients submit their initial application; This would increase the percentage of applications that will be approved. In the event the application is denied, CCLS would represent the clients throughout the entire appeals process.
The recommended agreement would allow CCLS to continue to provide legal training and guidance to WestCare to build stronger disability applications and allow CCLS to represent HDAP clients in the event their applications are denied. This will allow more clients achieve the disability benefits they are eligible for resulting in long-term stability and higher success in becoming permanently housed.
If approved, the recommended agreement will be effective September 10, 2024 through June 30, 2025, with an optional one-year extension. Outcomes and expectations will be mutually determined between CCLS and the DSS Director, or designee, by September 30, 2024. The agreement may be terminated without cause by either party upon providing 30-day advance written notice.
REFERENCE MATERIAL:
BAI # 51, December 12, 2023
BAI # 41, September 11, 2018
ATTACHMENTS INCLUDED AND/OR ON FILE:
Suspension of Competition Acquisition Request
On file with Clerk - CCLS Agreement
CAO ANALYST:
Dylan McCully