DATE: August 6, 2024
TO: Board of Supervisors
SUBMITTED BY: Kirk Haynes, Chief Probation Officer
SUBJECT: Agreement with JBI, L.P. dba Justice Benefits, Inc.
RECOMMENDED ACTION(S):
TITLE
1. Under Administrative Policy No. 34, determine that an exception to the requirements for competitive bids or requests for proposals is satisfied due to unusual or extraordinary circumstances, and that the best interests of the County would be served by entering into an agreement with JBI, L.P. dba Justice Benefits, Inc. (JBI), the only vendor that provides its proprietary RMS system, which assists the Probation Department with all aspects of the Federal Title IV-E program; and
2. Approve and authorize the Chairman to execute a retroactive Agreement with JBI for grant-claiming services for the Federal Title IV-E program for the Probation Department, effective July 25, 2024, not to exceed five consecutive years, which includes a three-year base term and two optional one-year extensions, total not to exceed $600,000.
REPORT
There is no Net County Cost associated with the recommended actions. The costs for the recommended agreement will be funded with Title IV-E revenue. The open-ended entitlement grant program is designed to provide case management and legal representation services to juveniles at imminent risk of being removed from their home and placed in a foster or group home, or who are already in a foster or group home. Approval of the recommended actions will allow JBI to continue to provide professional services to assist the Probation Department with all aspects of Federal Title IV-E claims. JBI’s random time keeping system (RMS), is proprietary, and Probation staff have been trained in this system. This item is countywide.
ALTERNATIVE ACTION(S):
If the recommended actions are not approved, the Probation Department will not be able to use JBI’s services to assure that its Title IV-E claims are in compliance with Federal and State regulations.
RETROACTIVE:
The recommended Agreement is retroactive to July 25, 2024. This item was originally scheduled to come before your Board on July 9, 2024. However, the vendor made substantial material edits to the Agreement after the agenda item approval process was underway. Due to the length of time to prepare, review, and approve the agreement, the Department was unable to meet the agenda item processing timelines for the scheduled Board Meeting date. This item is being brought to your Board at the next available Board date in accordance with the agenda item processing timelines.
SUSPENSION OF COMPETITION/SOLE SOURCE CONTRACT:
The Probation Department requests your Board find that under AP 34 an exception to the requirements for competitive bids or requests for proposals is satisfied due to unusual or extraordinary circumstances, as JBI’s program, including the RMS, is proprietary, and Probation Department staff have been trained in this system. Switching to another company and system would require significant time and resources to retrain staff on a new program/system. In addition, JBI is the leading company providing these services in California. They are currently providing these services to 35 Probation Departments in California. JBI is also the agency the Chief Probation Officers of California (CPOC) look to for training in the Title IV-E program. Based on these factors, a letter of interest was not sent out. The Internal Services Department - Purchasing concurs with the Departments’ request to find an exception to the competitive bidding process is satisfied.
FISCAL IMPACT:
There is no Net County Cost associated with the recommended actions. The performance fees for the services performed under the recommended agreement are paid for with the revenue received from the Title IV-E program. JBI will receive a fee of 10% of the sum of Probation’s gross quarterly Title IV-E claims with a maximum of $30,000 per quarter, for a maximum of $120,000 annually. The maximum compensation for the five-year term of the recommended agreement is $600,000. Sufficient appropriations and estimated revenues have been included in the Probation Department’s Org 3430 FY 2024-25 Recommended Budget and will be included in future budget requests.
DISCUSSION:
The Probation Department participates in the Federal Title IV-E program. The program is designed to provide case management and legal representation services to juveniles at imminent risk of being removed from their home and placed in a foster or group home, or who are already in a foster or group home. Assessments are completed on juveniles within the Title IV-E program and referrals for services are made for the needs identified in the assessment.
On July 25, 2014, the Probation Department entered into a one-year Procurement Agreement to establish a pilot program in which JBI would assist the County with accurate Title IV-E program documentation and claim compilations to ensure compliance with the federal and state guidelines in place at that time. On January 13, 2015, the Board approved the request to extend the term for a three-year base contract with two optional one-year extensions and increase the maximum compensation beyond the Purchasing Manager’s Authority; converting the Procurement Agreement to a Board Agreement.
On July 9, 2019, your Board made the finding that it was in in the best interest of the County to suspend competitive bidding and authorized the Chairman to execute the current Agreement which will expire July 24, 2024. On May 26, 2020 your Board approved the Chairman to execute the First Amendment to the Agreement with JBI to increase the maximum compensation with no change in term and add the Public Defender’s Office as a party to the Agreement.
The recommended actions will allow JBI to continue to provide professional services to the Probation Department for its Federal Title IV-E program, including preparation of time studies, case plans, and claim submittals. JBI also provides training to staff on how to accurately complete the Title IV-E time study, and training to use JBI’s proprietary RMS. In addition, JBI will audit and provide quality assurance to ensure the Probation Department’s claims are accurate and will be onsite to assist the Probation Department through any State or Federal audit.
REFERENCE MATERIAL:
BAI # 47, May 26, 2020
BAI # 54, July 9, 2019
BAI #20, January 13, 2015
ATTACHMENTS INCLUDED AND/OR ON FILE:
Suspension of Competition Acquisition Request Form
On file with Clerk - Agreement with JBI
CAO ANALYST:
Fine Nai