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Memorandum

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Department of Correction

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Honorable Board of Acquisition and Contract

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To:

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Date: April 7, 2017

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From: Kevin Cheverko
Commissioner of Correction

Authority to amend an Agreement with David M. Bogard, to act as the Monitor to
implement a separate voluntary agreement between the United States of America and
the County of Westchester, acting by and through its Department of Correction
(“DOC”) in order to: 1) increase the not-to-exceed amount by $735,000.00; 2) reflect
new rates payable in accordance with an approved budget, without annual not-toexceed limitations; and 3) reflect that the Monitor’s corporate legal name is
Pulitzer/Bogard & Associates, LLC.
____________________________________________________________________________

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Re:

On November 24, 2015, your Honorable Board authorized the County of
Westchester (the “County”), acting by and through its Department of Correction
(“DOC”) to enter into an agreement (the “Agreement”) with David M. Bogard (the
“Monitor”) to act as the Monitor to implement a separate voluntary agreement
between the United States of America and the County, acting by and through DOC
for the purpose of clearly articulating and further complying with DOC’s duties under
the United States Constitution, in particular the Civil Rights of Institutionalized
Persons Act (the “U.S. Agreement”), and to approve Michael Gatling and Judith
Regina-Whitely as subcontractors for an amount not to exceed $665,000.00. The
Agreement commenced on January 1, 2016 (the Effective Date of the U.S.
Agreement), has a term of three (3) years and contained a budget which authorized an
annual not-to-exceed amount to be payable by DOC to the Monitor. The Agreement
was subsequently executed.
Transmitted herewith is a resolution which, if approved by your Honorable
Board, would authorize the County to amend the Agreement in order to: 1) increase
the not-to-exceed amount by $735,000.00 for a new not-to-exceed amount of

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$1,400,000.00; 2) reflect new rates payable in accordance with an approved budget,
without annual not-to-exceed limitations; and 3) reflect that the Monitor’s corporate
legal name is Pulitzer/Bogard & Associates, LLC.

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On November 24, 2015, your Honorable Board also authorized the County,
acting by and through the DOC, to enter into the U.S. Agreement with the United
States of America for the purpose of clearly articulating and further complying with
DOC’s duties under the United States Constitution, in particular the Civil Rights of
Institutionalized Persons Act. Section IV of the U.S. Agreement requires the mutual
selection of a Monitor who, among other things, “is ultimately responsible” for the
findings regarding the County’s compliance with the U.S. Agreement. The U.S.
Agreement also requires the County to bear the Monitor’s fees and expenses. In order
to legally pay those fees and expenses, the County had to enter into a contract with
the Monitor.

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This amendment is necessary for various reasons, including an ongoing need
for compliance monitoring. The U.S. Agreement requires the Monitor to determine
DOC ‘substantially compliant’ in 44 operational recommendations/subparts thereof
and his related recommendations, and to maintain such compliance for a minimum of
24 months each. During the first year of the Agreement (2016) and continuing to
date, DOC collaborated closely with the Monitor to issue and/or substantially revise a
wide range of security policies and to develop associated training curriculum for its
900+ member workforce. In 2016, many of the recommendations were determined to
be ‘partially compliant’ by the Monitor. In 2017, DOC will issue such policies and
begin the process of training its workforce staff on the same. Accordingly, it is
necessary to amend the Agreement to allow for additional review of associated
action.

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The goals and objectives of the Agreement and this proposed amendment are
in the County’s best interest and will serve a public purpose by enabling the County
to continue its full compliance with the U.S. Agreement. The performance of the
Agreement and amendment will be tracked and monitored by DOC personnel.
It should be noted that on November 24, 2015, your Honorable Board authorized
an exemption of this Agreement from the procedures of the County Procurement Policy
and Procedures in accordance with section 3(a)xxi of said policy.
For the reasons stated herein and in order to continue implementing the U.S.
Agreement, I recommend approval of the annexed Resolution.
KC/jpi

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RESOLUTION

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Upon a communication from the Commissioner of Correction, be it hereby

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RESOLVED, that the County is authorized to amend an Agreement with David M.
Bogard to Act as the Monitor under a separate voluntary agreement between the United States
of America and the County of Westchester, acting by and through its Department of Correction
(“DOC”) for the purpose of clearly articulating and further complying with DOC’s duties
under the United States Constitution, in particular the Civil Rights of Institutionalized Persons
Act, in order to:1) increase the not-to-exceed amount by $735,000.00 for a new not-to-exceed
amount of $1,400,000.00; 2) reflect new rates payable to the Monitor in accordance with an
approved budget, without annual not-to-exceed limitations; and 3) reflect that the Monitor’s
corporate name is Pulitzer/Bogard & Associates, LLC; and be it further

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RESOLVED, that all other terms and conditions of the Agreement shall remain
unchanged; and be it further

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RESOLVED, that the County Executive or his duly authorized designee is
hereby authorized to execute any documents and take any actions reasonably necessary
and appropriate to effectuate the purposes of this Resolution.

Fund
101

Dept
35

Major Program,
Program & Phase
Or Unit
1000

Object/ SubObject
4380

Trust
Account

Dollars
$735,000

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Account to be
Charged/Credited

Budget Funding Year(s)
(must match resolution)

2016-2018

Start Date

Funding Source

Tax Dollars $

735,000

1/1/2016

End Date

State Aid________________________________
$
$735,000
(must match resolution)

Federal Aid______________________________
Other____________________________________

12/31/2018