Title
Probation Department recommending the Board:
1) Make findings in accordance with El Dorado County Ordinance Code, Chapter 3.13.030(b) that the services provided by the Contractor are in the best interest of the public and specialty skills and qualifications not expressly identified in County classifications are involved in the performance of the work;
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 retroactive Amendment I to Agreement 8070 with Fostering Connections to increase the amount of the Agreement by $50,000, increasing the total amount to $125,802 for sex offender counseling services with no change to the term; and
4) Authorize the Purchasing Agent, or designee, to execute further documents relating to Agreement 8070 including future amendments which do not increase the maximum dollar amount or term of the agreement, contingent upon approval by County Counsel and Risk Management.
FUNDING: AB109 (Public Safety Realignment). (100%)
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, 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.
Services have been provided in a greater quantity than anticipated at inception of Agreement 8070. Probation expects to add to the current service level, and Vendor is willing to provide those services, thus increasing the need for additional funds to the contract.
The amendment process was initiated in January of 2025 with approval of a Non-Competitive Purchase Justification Request Form. The amendment increase was planned for $70,000, and the amendment process progressed. On April 30, 2025, the Community Corrections Partnership (CCP), with agenda item 25-0321, approved their FY 2025-26 (25-26) budget. Included in the CCP 25-26 budget was $50,000 for sex offender counseling. Per the CCP 25-26 budget, Probation desires to increase the amount of Agreement 8070 with vendor by $50,000 instead of $70,000, to $125,802. Due to the allocated CCP funds, the amendment process was restarted, and a Board date was set as soon as practicable. This amendment is retroactive due to continuance of Court orders for Probation clients to attend sex offender counseling.
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
N/A
OTHER DEPARTMENT / AGENCY INVOLVEMENT
County Counsel
Procurement and 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 Agreement 8070 Amendment I.
2. Clerk of the Board to return one fully executed Amendment to Probation for final processing and distribution to Vendor.
STRATEGIC PLAN COMPONENT
N/A
CONTACT
Jackie Cook, Administrative Analyst, x5588