Title
Probation Department recommending the Board:
1) Make findings that it is appropriate to engage an independent contractor to provide adult and juvenile counseling services, as Agreement 8070 requires specialty skills and qualifications not expressly identified in County classifications in accordance with El Dorado County ordinance code 3.13.030(b);
2) Make findings in accordance with Procurement Policy C-17 Section 3.4.2 Sole Source/Single Source due to the need for continuity of services and when so directed by the Court, that Agreement 8070 is exempt from competitive bidding;
3) Approve and authorize the Chair to sign Amendment II to Agreement 8070 with Fostering Connections increasing the amount of the Agreement by $50,000, for a total amount of $175,802 for adult and juvenile counseling services, with no change to the term; and
4) Authorize the Purchasing Agent to execute amendments relating to Agreement 8070, contingent upon approval by County Counsel and Risk Management, which do not increase the maximum dollar amount or term of the Agreement.
FUNDING: AB109 (Public Safety Realignment) (85%), Juvenile Justice Realignment Block Grant (SB 823) (15%).
Body
DISCUSSION / BACKGROUND
Penal Code 1203.067 states persons placed on formal probation on or after July 1, 2012, shall successfully complete a sex offender management program. The Probation Department (Probation) has been contracting with Fostering Connections (Vendor) since October 18, 2023, through Agreement 8070 (Agreement), for the provision of sex offender counseling to certain clients of Probation. Services provided include individual, group, or family sessions; file review; polygraph exams; court testifying; psychological testing; and administrative functions.
On August 19, 2025, with Legistar file 25-0273, the Board approved increasing the amount of the Agreement by $50,000 to $125,802. This Amendment II will allow continued services to adult offenders, add services for juvenile offenders, increase the amount of the Agreement to $175,802, adjust compensation to include rates for 30-minute sessions, and add the County’s travel policy.
County Procurement Policy describes exemptions to the competitive bidding process. Agreement 8070 falls under Section 3.4.2 (f) “the procurement is for goods where the continuity of providers will provide efficiency or critical knowledge, and other providers of the goods cannot provide similar efficiencies or critical knowledge”; and (g) “when so directed by the Court.” County Procurement and Contracts has affirmed that services with Fostering Connections should be exempted from competitive bidding.
ALTERNATIVES
The Board could choose not to approve this Amendment. Probation would have to find another provider for sex offender counseling, which could disrupt the progress and continuity of care for clients currently receiving services from this vendor or services may be discontinued for clients in violation of Penal Code 1203.067.
PRIOR BOARD ACTION
08/19/2025 Legistar file 25-0273
OTHER DEPARTMENT / AGENCY INVOLVEMENT
County Counsel, Rosk Management, Procurement & Contracts
CAO RECOMMENDATION
Approve as recommended.
FINANCIAL IMPACT
There is no fiscal impact to Net County Cost associated with this amendment. Funding is included in Probation’s FY 2025-26 budget and will be requested in subsequent years’ budgets.
CLERK OF THE BOARD FOLLOW UP ACTIONS
1) Clerk of the Board to obtain the signature of the Chair on two originals of Amendment II to Agreement 8070.
2) Clerk of the Board to return one fully executed Amendment II to Probation for final processing and distribution to Vendor.
STRATEGIC PLAN COMPONENT
N/A
CONTACT
Kaci Smith, Interim Chief Probation Officer