REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY
AND RECORD OF ACTION
June 27, 2023
FROM
JASON ANDERSON, District Attorney
SUBJECT
Title
Agreement with California Victim Compensation Board for Use of Emergency Revolving Account
End
RECOMMENDATION(S)
Recommendation
1. Approve agreement with the California Victim Compensation Board (State Agreement No. S23-009), including non-standard terms, for continued use of the $200,000 emergency revolving bank account for emergency expenses incurred by crime victims, for the period of July 1, 2023 through June 30, 2026.
2. Adopt Resolution authorizing the District Attorney, as required by the State of California, to electronically sign and submit the agreement on behalf of the County, and any non-substantive amendments, subject to review by County Counsel.
3. Direct the District Attorney to transmit the agreement and non-substantive amendments to the Clerk of the Board of Supervisors within 30 days of execution.
(Presenter: Michael Fermin, Chief Assistant District Attorney, 382-3662)
Body
COUNTY AND CHIEF EXECUTIVE OFFICER GOALS & OBJECTIVES
Provide for the Safety, Health and Social Service Needs of County Residents.
FINANCIAL IMPACT
Approval of this item will not result in the use of additional Discretionary General Funding (Net County Cost). Amendment No. 1 to Agreement No. 07-412 (June 5, 2007, Item No. 88) with the California Victim Compensation Board (CalVCB), increased the existing revolving bank account limit from $100,000 to $200,000, where it remains today, with cash advanced from the State. This revolving fund has been used to reimburse emergency expenses incurred by crime victims within San Bernardino County (County). This renewed agreement allows for the continued use of this fund through June 30, 2026. As expense claims are produced, replenishment requests to the State are processed concurrently.
BACKGROUND INFORMATION
Penal Code Section 13835 et seq. allows counties to establish Victim/Witness Assistance Programs for services to crime victims. These services include assistance with claim applications to the State Victims of Crime Program (VOC) for reimbursement of out-of-pocket costs incurred as a result of crime. CalVCB, in accordance with Government Code Section 13952.5(c)(3), may delegate authority to the District Attorney’s victim services staff to process crime claims and disburse emergency funds per established guidelines. Delegating this authority, at the local level, expedites the claims process.
Since 1980, the District Attorney (Department) has contracted with the California Victim Compensation Board to administer VOC. The Department has two agreements with CalVCB to administer this program. Both agreements are renewed every few years, depending on the business cycle of the Victim Compensation Board. The first agreement provides funding so the Department can staff a unit to process and submit victim claims to the VOC BAI 6/8/2021 Item No. 43. The claims are requests for reimbursement of qualifying expenses to victims to offset economic losses as a result of the crime. The second agreement BAI 5/19/2021 Item No. 47 is for an emergency bank account so that the Department can quickly access funds to assist victims during the time that the Victim Compensation Board is reviewing the claims.
In certain circumstances, victims are unable to wait an extended period of time to receive assistance (i.e., funeral/burial costs, domestic violence and sexual assault relocation costs, and crime scene clean up). Through previous agreements with CalVCB, a process was developed by which the County may pay verified expenses when a provider of services is unwilling to wait for reimbursement through the normal claims process.
The original amount advanced in 1999 from the Victim Compensation Board for this purpose was $25,000. It was later increased to $50,000 and in 2000, the amount was increased to $100,000 BAI 12/18/2001 Item No. 79. This revolving fund was again increased to the current amount of $200,000 and approved by the Board of Supervisors (Board) on October 2, 2007 (Item No. 29).
The agreement contains terms that differ from the standard County contract and omits certain County standard contract terms. The parties negotiated and agreed to the following non-standard terms:
1. The assignment provision states the County may not assign the agreement without the consent of the State of California (State), but does not address the State’s assignment rights.
• Standard County policy provides that the County must approve any assignment of the agreement.
• Potential Impact: The State could assign the agreement without the County’s consent. This is unlikely to occur given the State’s role. This could allow the Agreement to be assigned to a business with which the County is legally prohibited from doing business due to issues of federal debarment or suspension and conflict of interest, but the County has a right to terminate the agreement with 30 days written notice.
2. The County is required to indemnify, defend and save harmless the State from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, suppliers, laborers, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of the agreement and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by the County in the performance of the agreement.
• Standard County policy requires entities with whom the County contracts to indemnify the County in accordance with County Policy 11-07.
• Potential Impact: Indemnity will not be provided to the County by the State. Additionally, if a third-party claim is filed against the State for services performed under the agreement or materials provided or injury resulting from the County’s action, the County will be required to indemnify the State. This occurrence could result in a significant increase in costs to the County. Both the State and the County are afforded governmental immunities.
3. Venue is not addressed in the Contract.
• Standard County policy requires venue to be in the courts of San Bernardino County and as an alternative in any California County.
• Potential Impact: If venue is not set, it is arguable by any party to a lawsuit. Given that both the State and County are California public entities, the likelihood of a party arguing for venue outside of California is unlikely. The agreement states that the governing law is California.
4. The agreement does not contain insurance provisions.
• Standard County policy provides that insurance terms must mirror the insurance provisions in County Standard Practice 11-07.
• Potential Impact: The County is not provided specific information regarding the State’s insurance approach though it is likely a self-insured public entity as is the County. The State is unlikely to be underinsured with the result that there is no perceived potential impact on the County.
5. Disputes, if not settled by mutual agreement, will be decided by CalVCB’s Administration Division Chief, or designee, and that decision shall be final.
• Standard County policy requires a non-binding form of dispute resolution.
• Potential Impact: All disputes which cannot be resolved by mutual agreement will be settled by a final and binding decision by CalVCB’s Administration Division Chief. The County’s right to challenge the decision will be limited.
The Department recommends approval of the agreement, including non-standard terms, as it will allow the Department to continue to maximize state funding and provide for the emergency needs/losses of the County residents victimized by crime.
On June 2, 2023, the Department received notification from CalVCB that the agreement needed to be signed and returned by June 20, 2023. This item is being presented at this time as it is the first available date following the required operational, fiscal and legal review. An extension has been requested through June 30, 2023 to ensure adequate time to obtain Board approval.
PROCUREMENT
Not applicable.
REVIEW BY OTHERS
This item has been reviewed by County Counsel (Katherine Hardy, Deputy County Counsel, 387-5455) on June 6, 2023; Risk Management (Victor Tordesillas, Director, 386-8623) on June 16, 2023; Finance (Kathleen Gonzalez, Administrative Analyst, 387-5412) on June 8, 2023; and County Finance and Administration (Robert Saldana, Deputy Executive Officer, 387-5423) on June 12, 2023.