Title
Probation Department and Sheriff’s Office recommending the Board:
1) Make findings in accordance with County ordinance 3.13.030(E) that the provision of adult educational services may be provided by an independent contractor because the contractor is a governmental entity or agency;
2) Approve and authorize the Chair to sign retroactive Agreement 9890 with El Dorado County Office of Education, for the provision of adult educational services for the term of July 1, 2025, through June 30, 2028, in the amount $684,409; and
3) Authorize the Chief Probation Officer to execute further documents relating to Agreement for Services 9890, including future amendments that do not increase the maximum dollar amount or term of the agreement, contingent upon approval by County Counsel and Risk Management.
FUNDING: Public Safety Realignment (AB109).
Body
DISCUSSION / BACKGROUND
Probation Department (Probation) and Sheriff’s Office (Sheriff) recommending the Board approve this agreement as it will allow El Dorado County Office of Education (EDCOE) to continue providing the Title 15, Section 1061 of the California Administrative Code mandated educational services. The contracted services EDCOE will provide include enhanced adult education services, career guidance and exploration, Serve Safe Certification, Wastewater Treatment Certification, Career Technical Education Training, High School Equivalency Testing, and Keyboarding program. Services are provided to Probation clients at the Community Corrections Partnership’s (CCP) Community Corrections Center (CCC), and at the South Lake Tahoe and Placerville jails.
An expenditure line item for EDCOE has been a part of the CCP Public Safety Realignment Implementation Plan and Budget since the 2013-2014 fiscal year.
Probation and Sheriff are recommending the Board approve Agreement for Services 9890 with a retroactive term beginning July 1, 2025. EDCOE’s educational services are used on a daily basis at the CCC and jails. Services for this Agreement were coordinated by Probation management and administrative staff; Sheriff administrative staff; and EDCOE management, administrative, and accounting staff. The budget for the agreement was received from EDCOE on September 8, 2025, and this item was processed to be brought before the Board as soon as practicable after that date. Mandated educational services must be provided to the Community Correction Partnership’s Community Corrections Center (CCC) and the Placerville and South Lake Tahoe jails per Title 15, Section 1061 of the California Administrative Code. Code 1061 outlines the requirements for education programs for incarcerated individuals. The facility administrator of any Type II or III facility must plan and request that appropriate public officials provide an education program for incarcerated persons. If such services are not available, the facility administrator must develop and implement an education program using available resources and should provide voluntary academic or vocational education with reasonable criteria established for eligibility. In this circumstance, one option is to suspend services while in contract negotiations, which would leave a vulnerable population without these services. Education services in the jails and through the day reporting center are funded through Public Safety Realignment, the statewide effort to reduce the population of inmates at state prisons while simultaneously improving public safety through a focus on the successful reentry and/or rehabilitation of certain eligible offenders through community sanctions and programs. The statewide objectives with the use of realignment funding are to increase the use of community sanctions and programs, efforts to reduce incarceration, and reduce recidivism. Effective ways to reduce recidivism include providing access to treatment, housing, education, and employment opportunities, and providing access to helpful people and services in the community. EDCOE continues to be a collaborative partner, ensuring compliance with Title 15, while their services align with the intended use of funding and the values of El Dorado County. Although services could have been suspended while the agreement was being negotiated, it was not in the best interest of the County due to services being mandated and disruptions to the current education services being provided.
County Procurement Policy Section 3.5 describes exemptions to the competitive bidding process. Agreement 9890 falls under Exemption “Training Seminars/classes,” Findings of Fact “Vendors offer training seminars on subjects of interest at specific dates, time and locations. Consultants who conduct on-site classes are selected on the basis of competency in a specific subject on timely needs.” EDCOE provides instruction to clients at the CCC and to inmates in the County jails.
ALTERNATIVES
Title 15, Section 1061 of the California Administrative Code mandates educational services for incarcerated persons. When such services are not made available by the appropriate public officials, then the facility administrator shall develop and implement an education program with available resources. Such a plan shall provide for the voluntary academic or vocational, or both, education of housed people.
PRIOR BOARD ACTION
08/30/2022 Legistar file 22-0534
OTHER DEPARTMENT / AGENCY INVOLVEMENT
Community Corrections Partnership, County Counsel
CAO RECOMMENDATION / COMMENTS
Approve as recommended.
FINANCIAL IMPACT
There will be no fiscal impact or change to Net County Cost as all contract expenditures will be funded through Public Safety Realignment as part of the continued Community Corrections Partnership Public Safety Realignment Implementation Plan and Budget for FY 2025-26. Funding for future years will be subject to appropriations in those years; the contract includes a provision for termination for non-appropriation of funds.
CLERK OF THE BOARD FOLLOW UP ACTIONS
1) Chair to sign three originals of the Agreement 9890.
2) Clerk of the Board to return two executed original Agreement to the Probation Department for processing and distribution.
STRATEGICAN PLAN COMPONENT
N/A
CONTACT
Monica Ferguson, Chief Fiscal Officer, Sheriff’s Office 530-621-5655
Nikki Moeszinger, Chief Fiscal Officer, Probation, 530-621-6066