COUNTY OF SAN MATEO

Inter-Departmental Correspondence

Office of the County Counsel

DATE:

September 26, 2006

BOARD MEETING DATE:

October 17, 2006

SPECIAL NOTICE/HEARING:

None

VOTE REQUIRED:

Majority

TO:

Honorable Board of Supervisors

FROM:

Thomas F. Casey III, County Counsel

SUBJECT:

Flat Rate Agreement with Tammy Dawson, Esq. for the Provision of Immigration Legal Services to Children in Foster Care for the term of July 1, 2006 through June 30, 2008

RECOMMENDATION:

Adopt a Resolution:

A. Waiving the Request for Proposal (“RFP”) Process; and

B. Authorizing the execution of a Flat Rate Agreement with Tammy Dawson, Esq. for the provision of immigration legal services for the term of July 1, 2006 through June 30, 2008, in an amount not to exceed $136,000.

VISION ALIGNMENT:

Commitment: Ensure basic health and safety for all

Goal (6) Children grow up healthy in safe and supportive homes and neighborhoods.

The Agreement contributes to this commitment and goal by providing specialized legal services to children in the Foster Care system affording them eligibility to a wide range of public services they are otherwise denied.

Performance Measure(s):

Measure

FY 2005-06
Actual

FY 2006-07

Projected

FY 2007-08

Projected

Number of Applications for Adjustment of Status Filed

9*

22

22

Percentage of Applications Resulting In Adjustment of Immigration Status**

N/A

90%

90%

*As a result of negotiations, a number of referrals were held for processing until the new contract terms were agreed upon, resulting in a decreased number of applications in the FY 2005-06.

**An adjustment of status typically occurs months or years after the process has been initiated. Thus, although 9 applications were filed in FY2005-06, the number of green cards resulting from those applications cannot yet be determined. The success ratio for prior fiscal years has been 90%

BACKGROUND:

Since 1990, the federal government has permitted legal residence petitions to be filed on behalf of foster care children who are unlikely to return to their parents’ custody. Upon an adjustment of immigration status, counties can be reimbursed for services provided to such children and the children can become more productive members of society while working towards citizenship. From September 2001 to June 30, 2006, the County contracted with Tammy Dawson, Esq. to assist foster care children in obtaining legal residence pursuant to the Special Immigrant Juvenile Status (“SJIS”) Act. That Agreement provided for payment to the Contractor based on her hourly rate of $250/hour plus travel and other actual expenses. The Agreement was amended on three occasions to extend the term of the contract and to pay for unanticipated costs associated with a larger than anticipated number of applications and increased immigration filing requirements following the events of September 11, 2001.

During the term of the prior agreement, Contractor successfully initiated SIJS applications for 27 undocumented youth under the supervision of HSA and the Probation Department. Obtaining legal immigration status for these youths has enabled the County to claim up to 70% of the cost of out of home placements from the State and Federal government. Since group care for these youth costs as much as $6,000 per month, this represents a significant savings to the County’s General Fund even after the payment of legal expenses.

DISCUSSION:

This Agreement provides for services through June 30, 2008 and changes the billing structure from an hourly fee model to a flat rate model. The flat rates were developed after review of historical cost data by HSA staff and counsel. It is in the County’s best interests to waive the RFP process in light of prior efforts to secure legal counsel on immigration matters as well as Ms. Dawson’s willingness to develop a flat rate payment structure and her established relationships with HSA and Juvenile Probation staff, and Juvenile Court Bench Officers. Prior to the initial contract, the County Counsel’s office interviewed Ms. Dawson and reviewed her billing rates and determined that they were fair and competitive. The County has been extremely satisfied by the level and quality of services provided. Notwithstanding Contractor’s excellent performance, HSA will issue an RFP in 2008 due to the length of time that the Contractor will have provided legal services to the County.

This Flat Rate Agreement was delayed due to extended negotiations with the Contractor regarding the amount of the flat rate payments as well as the conditions upon which such payments would become due. This flat rate agreement includes all provisions that are required by county ordinance and administrative memoranda.

FISCAL IMPACT:

The term of the Agreement is July 1, 2006 through June 30, 2008. The maximum Agreement obligation is $136,000 of which $40,800 is funded through Child Welfare Services Funds and $95,200 is Net County Cost. Appropriations are included in the FY 2006-07 Children and Family Services Adopted Budget and will be in the FY 2007-08 budget. There is no additional Net County Cost associated with the approval of this agreement.