Title
Health and Human Services Agency (HHSA) recommending the Board:
1) Make findings pursuant to Section 3.13.030 (E) of the El Dorado County Ordinance Chapter 3.13, Contracting Out, that the work is with or among any other governmental entities or agencies for the provision of educational support services provided by El Dorado County Office of Education (EDCOE) through the Foster Youth Services Coordinating Program;
2) Make findings in accordance with Procurement Policy C-17, Section 3.4, 2(f), exempting the competitive bidding process for Memorandum of Understanding (MOU) 8514, with Purchasing Agent concurrence, because "the procurement is for services where the continuity of providers will provide efficiency or critical knowledge, and other providers of the goods cannot provide similar efficiencies or critical knowledge”;
3) Approve and authorize the Chair to sign MOU 8514 with EDCOE, for the term of three years, from September 1, 2024, through August 31, 2027 and in accordance with State guidelines, the funding for this MOU is dependent on the number of clients served by EDCOE through the FYSCP, therefore, a maximum obligation was not included in the MOU and HHSA is estimating a total amount of $250,000;
4) Authorize the Purchasing Agent to execute amendments relating to MOU 8514, contingent upon approval by County Counsel and Risk Management, which do not increase the Net County Cost or term of the MOU; and
5) Authorize the HHSA Director, Chief Assistant Director, or Assistant Director to execute programmatic, administrative, and fiscal documents relating to MOU 8514.
FUNDING: 50% Federal Funding (Title IV-E), 50% match funds provided by EDCOE.
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DISCUSSION / BACKGROUND:
The California Department of Education (CDE) has administered the FYSCP since 1981, which was established to provide funding to County Offices of Education (COEs) to improve interagency support for students in foster care, in accordance with Education Code Section 42920. Under the FYSCP, support services are provided by COEs to foster children who suffer the traumatic effects of displacement from family and schools and multiple placements in foster care. FYSCP COEs have the ability and authority to ensure that health and school records are obtained to establish appropriate placements and coordinate instruction, counseling, tutoring, mentoring, vocational training, emancipation services, training for independent living, and other related services. The FYSCP’s intent is to increase the stability of placements for foster children and youth, with the services designed to improve foster youths’ educational performance and personal achievement.
EDCOE, as the legal entity for provision of educational services and oversight of the school districts within El Dorado County, operates the local FYSCP and is responsible for providing services to child/youth students in foster care in accordance with Education Code Section 42920-25.
Assembly Bill (AB) 854, enacted in October 2015, made several changes to the FYSCP as follows: (a) FYSCP was expanded to be able to serve a larger portion of foster youth; (b) Child Welfare Departments (CWDs) and COEs were required by the State to enter into an MOU to draw down federal dollars for eligible case management activities to support FYSCP; and (c) COEs and CWDs were required to develop policies and procedures for sharing information about students in foster care. Subsequently, on November 29, 2016, following the passage of AB 854, California Department of Social Services (CDSS) released All County Letter (ACL) No. 16-91 that provided counties further direction on the bill’s effects on FYSCP and expanded opportunities for COE’s being able to draw down Title IV-E funding to increase educational case management services for foster youth, including those covered under Welfare and Institutions Code (WIC) 602.
On September 25, 2018, pursuant to the State’s direction and following Board approval, HHSA began contracting with EDCOE, the County FYSCP lead, under MOU 425 for a three-year term (Legistar file 18-1359). Subsequently, on September 21, 2021, the Board approved renewal MOU 5650 to allow EDCOE to continue serving students in foster care through the FYSCP (Legistar file 21-1230). The proposed MOU 8514 with EDCOE is the renewal of MOU 5650 and would ensure continuation of the required FYSCP services in El Dorado County in accordance with Education Code Section 42921, 48853.5 and 49069.5.
Pursuant to AB 854, EDCOE, as the local COE, is responsible for providing services in accordance with Education Code Section 42920 and is required to enter into a MOU with the County CWD in order to operate the FYSCP in El Dorado County and to leverage funding to draw down Title IV-E dollars. Consequently, in accordance with Procurement Policy C-17 Section 3.4, 2(f), this pass-through funding MOU with EDCOE is exempt from competitive bidding, with Purchasing Agent concurrence, as “the procurement is for services where the continuity of providers will provide efficiency or critical knowledge, and other providers of the services cannot provide similar efficiencies or critical knowledge.” An approved Non-Competitive Bid Justification form is attached to this item.
ALTERNATIVES:
Should the Board decline to approve this recommendation, HHSA would have difficulty meeting the educational needs of children/youth placed into the care of Child Welfare Services (CWS) and those struggling to maintain placements. EDCOE would still be required to provide FYSCP services, but services would be provided without additional funding through the HHSA CWS Department which allows for expanded services and educational opportunities for foster children/youth.
PRIOR BOARD ACTION:
1) 9/25/18, 18-1359, HHSA Agmt #425 with EDCOE
2) 9/21/21, 21-1230, HHSA EDCOE CWS Pass Through MOU 5650
OTHER DEPARTMENT / AGENCY INVOLVEMENT:
Approved by County Counsel, Human Resources, and Risk Management. The Auditor-Controller was notified of this Agreement in accordance with Policy B-12.
CAO RECOMMENDATION:
Approve as recommended.
FINANCIAL IMPACT:
There is no Net County Cost associated with this agenda item. All funding under this MOU is Federal Title IV-E draw down that County invoices the CDSS as direct costs on a quarterly County Expense Claim, based on the claimable expenditures provided by EDCOE. Sufficient funding and appropriations were included in the Fiscal Year 2024-25 Budget request and will be included in the future budgets for the term of the MOU. EDCOE will continue to provide match funds equal to 50% of claimable expenditures.
CLERK OF THE BOARD FOLLOW UP ACTIONS
Clerk of the Board to obtain signature of Chair on one (1) original MOU 8514.
STRATEGIC PLAN COMPONENT:
N/A
CONTACT
Olivia Byron-Cooper, MPH, Director, Health and Human Services Agency