The FY 2016 cost of this agreement is $28,800 and will be absorbed by existing appropriations from the Office of the County Executive’s FY 15-16 Adopted Budget. The FY 2017 cost of the agreement is $448,020 and will be added to the FY 16-17 Adopted Budget if this action is approved by the Board.
Under Delegation of Authority from the Board of Supervisors, the Director of Procurement
approved an Agreement with Sabot Consulting on June 16, 2015 in the amount of $89,600
for the period July 1, 2015 to June 30, 2016. On September 29, 2015, the Board approved a
separate, Department of Correction ADA (Americans with Disabilities Act) compliance
assessment Agreement with Sabot Consulting for a five year term beginning September 29,
2015 and extending through September 29, 2020, with a maximum financial obligation of
$380,500. On December 15, 2015, the September 29, 2015 agreement was amended and approved by the Board to provide training and consulting services related to the Americans with Disabilities Act and to increase the maximum contract amount by $90,000 from $380,500 to $470,500. On December 15, 2015, the Board also approved an agreement with Sabot Consulting to providing assessment of health care services provided in County jails, in an amount not to exceed $283,560 for period October 1, 2015 through June 30, 2016.
REASONS FOR RECOMMENDATION
Reason(s) for exception to Board Policy:
Pursuant to Board Policy 188.8.131.52(D)(2), exceptions to competitive procurement must be approved by the Office of Countywide Contracting Management (OCCM). Attached to this Legislative File is a copy of OCCM’s approval of the exception.
Reason(s) for approval of agreement
As part of this action, the agreement with Sabot Consulting through September 29, 2020 is being incorporated into this agreement and the agreement with the Department of Correction is being terminated so that there will only be one agreement with Sabot Consulting moving forward. The other two agreements with Sabot Consulting are set to expire on June 30, 2016.
The recommended action will allow for an Agreement with a broader scope of services to include, under the direction of the County Executive or designee, assist with monitoring and reporting on the status of implementation of jail reform efforts, Use of Force training, and Americans with Disabilities Act (ADA) compliance within the Office of the Sheriff, Department of Correction (DOC), Custody Health Services (CHS), Facilities and Fleet Department, and others defined by the County Executive.
Sabot Consulting is needed to assist with monitoring and reporting on the status of constitutional and operational mandates for mental health, dental, medical, suicide prevention, lock downs (including out of cell time), administrative segregation, and infraction hearings. Given the expertise demonstrated by Sabot Consulting and the County’s varied initiatives to implement reforms in these areas, it is necessary to have this resource to assist with the successful implementation of the jail reforms, Use of Force training, and Americans with Disabilities Act (ADA) compliance.
The contractor will also be responsible for analyzing all relevant reports and recommendations including but not limited to the Sheriff’s Jail Reform Plan, gap analysis expert reports, recommendations from the Blue Ribbon Commission on Improving Custody Operations, National Institute of Corrections, Human Relations Commission, Commission on the Status of Women, and the Santa Clara County Civil Grand Jury. As part of that work, the contractor will assist with the identification of appropriate reforms and assist with the implementation plan for jail reforms in collaboration with the County Executive or his designee, the Sheriff’s Office, and other stakeholders.
The contractor will be responsible to review, modify, and develop training for the Department of Correction’s Use of Force events and policies. In addition, the contractor will review plans for facility changes and new construction to ensure that facilities are ADA compliant. The contractor will also monitor DOC’s compliance with ADA requirements and guidelines, and recommend all necessary improvements, changes, and adaptations to ensure ADA compliance while also conducting on-site review and follow-up through updates and reports.
The contractor is being asked to provide 4-hour ADA policy update training along with a 4-hour Use of Force training to all staff identified by DOC management. The contractor will also provide one 24-hour Train-the-Trainer ADA training to DOC employees, and a 4-hour custody health specific ADA training for Custody Health Services staff.
From time to time during the pendency of this contract, the County may require Sabot Consulting’s knowledge and familiarity with the jail reforms to assist and advise the Office of County Counsel with any related litigation or threatened litigation matters related to Sabot Consulting’s scope of work. In these cases, work directed by the Office of the County Counsel would be confidential and subject to all applicable privileges.
Since July 1, 2015, Sabot Consulting has been providing training and consulting services related to the Americans with Disabilities Act related to mobility issues for inmates who are incarcerated at County jail facilities. As one component of an ongoing, larger effort to ensure compliance will all ADA-related requirements, County Counsel requested additional analysis and a comprehensive evaluation of the Department of Correction’s ADA compliance as related to non-mobility disabilities; a review and revision of policies and procedures; and the provision of ADA training for all staff that have contact with inmates.
CONSEQUENCES OF NEGATIVE ACTION
If this Agreement is not approved by the Board, the County will not have the necessary resources to ensure the jail reforms are implemented in a timely, complete, and cost effective manner.
The recommended action will have no/neutral impact on children and youth.
The recommended action will have no/neutral impact on seniors.
The recommended action will have no/neutral sustainability implications.
STEPS FOLLOWING APPROVAL
The Office of the Clerk of the Board will send signed agreement to Tony Filice in the Office of the County Executive.