To: Board of Supervisors
From: Ellen McDonnell, Public Defender
Report Title: Second Amendment to Professional Services Agreement with Poling Equity (PE)
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
RATIFY the Public Defender's execution of a Professional Services Agreement dated June 8, 2023 and the execution of the First Amendment to the Professional Services Agreement dated January 31, 2025 with Policing Equity (PE) for non-personally identifiable data collection services and qualitative analysis of social determinants from volunteer clients, and
APPROVE and AUTHORIZE the Public Defender, or designee, to execute the Second Amendment to the Professional Services Agreement with Policing Equity, for a 12-month period ending no later than January 31, 2027, to continue the strategic partnership to improve client services and outcomes and develop an implementation strategy.
FISCAL IMPACT:
No fiscal impact as both parties agree that the data sources are being provided by PE at no cost.
BACKGROUND:
The Public Defender (CCPD) entered into a Professional Services Agreement with Policing Equity (PE) on June 8, 2023, as CCPD was seeking to better understand the social determinants (e.g., housing, health, employment, etc.) that influence CCPD clients’ interaction with the Contra Costa criminal legal system with the hope of improving services and outcomes for their client population. Ultimately, this project seeks to inform how CCPD can be a better partner to their clients through a combination of programmatic services and county-level advocacy.
The project adopted a two-pronged approach. First, the project assessed the current state of CCPD’s database and data collection and conducted a data gap analysis to determine how CCPD could improve its internal and court data collection to better understand its clients. Second, this project conducted a qualitative data analysis to source data directly from CCPD’s clients, providing an in-depth understanding of the CCPD’s clients, particularly those aspects that CCPD’s data does not currently adequately represent. With respect to the data collected throughout the lifecycle of this project, CCPD has not shared any personally identifying data from clients to PE.
In May 2023, CCPD obtained approval from County Counsel to proceed with the Professional Services Agreement. Subsequently, CCPD and PE amended the Statement of Work of the initial Professional Services Agreement dated June 8, 2023, and executed the first contract amendment dated January 31, 2025, where the project continued the previous Statement of Work but focused on further development of 1) the Racial Justice Act (RJA) Toolkit (a searchable database to support CCPD in RJA litigation), and 2) the RJA Data Tool (a scientifically-rigorous analysis in the form of an interactive dashboard that allows attorneys to identify cases that are amenable to RJA-based motions). Through qualitative data analysis, PE was able to source this non-personally identifiable data directly from CCPD’s clients, providing an in-depth understanding of CCPD’s clients, particularly those aspects that CCPD’s data does not currently adequately represent. The duration of the amended Statement of Work was for the period October 1, 2024 through September 30, 2025.
To further their collaborative efforts, CCPD and PE plan to execute a second amendment to the Statement of Work dated January 31, 2025. This follows their initial strategic partnership which resulted in the report titled Improving Outcomes for Contra Costa Public Defender Clients: Exploring Life Factors, Data, and Racial Justice, released in March 2025. The report provided initial findings based on qualitative data analysis from CCPD clients. CCPD and PE are eager to implement select recommendations from this report as they strive to reimagine public safety and enhance outcomes for CCPD clients and their families.
In November 2025, CCPD obtained approval from County Counsel to proceed with the second amendment and was informed that the initial Professional Services Agreement with Policing Equity (PE), and the first contract amendment, also need Board of Supervisor approval, as the agreement contains special provisions, including limitation of liability. CCPD is therefore requesting Board approval to ratify the Public Defender's execution of an agreement with Policing Equity (PE) dated June 8, 2023, and ratify the first amendment to the Professional Services Agreement dated January 31, 2025, and approve and authorize the second amendment dated February 1, 2026.
CONSEQUENCE OF NEGATIVE ACTION:
CCPD will be unable to complete qualitative engagement processes with clients and better understand how to best serve their clients. These findings are crucial in making recommendations for advocacy and services for CCPD’s indigent clients.