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Agenda Item
ASR
Control 24-000905 |
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MEETING
DATE: |
03/25/25 |
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legal entity taking action: |
Board
of Supervisors |
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board of supervisors district(s): |
3 |
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SUBMITTING Agency/Department: |
Social
Services Agency (Approved) |
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Department contact person(s): |
An
Tran (714) 541-7708 |
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James
Cho (714) 541-7711 |
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Subject: Approve Amendment One for Foster
Family Agency Resource Family Homes
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ceo CONCUR |
County Counsel Review |
Clerk of the Board |
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Concur |
Approved
Agreement to Form |
Discussion |
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3
Votes Board Majority |
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Budgeted: N/A |
Current Year
Cost: N/A |
Annual Cost: FY 2025-26 $1,022,020 |
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Staffing Impact: |
No |
# of Positions: |
Sole Source: No |
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Current Fiscal Year Revenue: N/A
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Prior Board Action: 5/10/2022 #45, 4/27/2021 #45,
11/19/2019 #30 |
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RECOMMENDED
ACTION(S):
Authorize the County Procurement
Officer or Deputized designee to execute Amendment One to the Contract with
Olive Crest for Foster Family Agency Resource Family Homes at Tustin Family
Campus, to renew and amend the Contract in an amount not to exceed $2,063,712,
effective July 1, 2025, to June 30, 2027, for a revised cumulative total amount
not to exceed $4,899,072, for the term of July 1, 2022, through June 30, 2027.
SUMMARY:
Approval of Amendment One to the Contract
with Olive Crest will allow continued services for foster children, including
for siblings to remain together, in a family-like care setting at Tustin Family
Campus while other long-term care options are being arranged.
BACKGROUND
INFORMATION:
The Board of Supervisors’ (Board)
approved the following Contracts with Olive Crest for Foster Family Agency
(FFA) Resource Family Homes at Tustin Family Campus (TFC):
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Board Date |
Contract or Amendment Number |
Term |
Maximum Obligation |
Board Action |
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11/19/2019 |
CJC0919 |
1/1/2020 –
6/30/2021 |
$1,374,408 |
Approve Contract
with Olive Crest for FFA Homes at TFC |
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4/27/2021 |
CJC0919-A1 |
7/1/2021 –
6/30/2022 |
$934,416 |
Approve First
Amendment and Final One-Year Renewal |
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5/10/2022 |
CDA3022 |
7/1/2022 – 6/30/2025 |
$2,835,360 |
Approve Contract
with Olive Crest for FFA Homes at TFC |
The purpose of the FFA Resource
Family Homes at TFC is to provide safe, stable, and supportive home
environments for foster children. Resource Family parents provide care and
supervision of foster children, and FFA professional staff support intensive
services to address specialized needs, such as specialty health services,
prevent escalation of behavioral issues, and efforts to avoid placement in
higher levels of care.
FFA Resource Family Homes services
are provided across two separate homes located at TFC, serving foster children
under the jurisdiction of the Orange County Juvenile Court, ranging in age from
birth to 18 years old. Each home accommodates one Resource Family, which can
care for up to six foster children, regardless of gender. These services ensure
that foster children are ready to transition, either for reunification with
their parent(s) or to a care setting that best meets their needs. Potential
transition options include placement with a relative, non-related extended
family member, approved Resource Family home or another appropriate care
setting. For foster children aged birth to five years old who are not yet
enrolled in school and reside at the Resource Family Homes, early childhood
education services are available through the TFC Early Childhood Development
Center.
FFAs are licensed and regulated by
the California Department of Social Services (CDSS), Community Care Licensing
Division, to recruit, approve, train, and provide ongoing professional staff
support to Resource Families.
Non-Standard
Insurance Provisions
This Contract has non-standard
insurance provisions that eliminate the requirement of Per Occurrence Sexual
Misconduct Liability (SML) Insurance. The Contractor currently carries
Claims-Made SML Insurance and will be required to maintain this insurance
throughout the term of the Contract. County Executive Office Risk Management
does not concur with the elimination of the requirement for Per Occurrence SML.
See Attachment D Risk Assessment Form.
FFAs are unable to find an
insurance carrier in the State of California to provide per occurrence sexual
misconduct liability insurance. Effective January 1, 2024, new state law
eliminated the existing time limit for the statute of limitations on childhood
sexual assault. Under the new law, a civil claim for a child sexual abuse event
that occurs after January 1, 2024, can be brought at any time. Due to the
significant liability the new law poses, California insurance providers are
unwilling to issue per occurrence policies for sexual misconduct liability.
The Contractor provides critical
services for SSA clients in the Children and Family Services Division who have
an open case with the Orange County Juvenile Court. The FFA Resource Family
Homes at TFC provide an alternative placement option for hard-to-place children
that would otherwise be lodged at the County 10-Day Shelter. The Resource
Family Homes can accommodate large sibling sets and School of Origin orders.
Additionally, the unique structure of the program (support staff, on-site case
management support) allows them to accept children with behavioral and/or
mental health needs that might not be easily met in a traditional resource
family setting, with the goal of stabilizing the children in a family-based
setting and preparing them for their next placement. SSA is therefore asking
the Board to approve this agreement which contains non-standard insurance
provisions.
Outcomes
The outcome objectives are designed
to monitor the Contractor’s performance in maintaining foster children in a
family-like care setting while alternative long-term care options are being
developed or identified. These objectives ensure that the level of care
provided aligns with specific needs of the foster children and includes support
services, such as monitored/supervised visitation, transportation for family or
support visits, school-related services in line with the foster child’s case
plan, and access to extracurricular activities. The table below summarizes the
outcomes achieved from FY 2022-23 through FY 2024-25.
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OUTCOME OBJECTIVES |
FY 2022-23 |
FY 2023-24 |
FY 2024-25* |
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A minimum of
ninety-five percent (95%) of foster children shall remain in the FFA Resource
Family Homes until the foster children transition into permanent or long-term
care settings. |
100% |
100% |
100% |
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A minimum of
ninety-five percent (95%) of foster children shall receive supportive
services of transportation and monitored/supervised visitation provided by
Contractor. |
100% |
94% |
91%** |
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A minimum of
seventy percent (70%) of foster children who reside in this care setting for
longer than one (1) month shall establish and/or maintain a connection with a
family member or natural support person who is committed to being a lifelong
support for the foster child, or will establish a connection with a mentor or
other community member who is committed to being a monthly support person for
the foster child. |
75% |
81% |
100% |
*Outcomes through the second
quarter of FY 2024-25.
**This objective for the original
contract term only captured the metric for transportation provided by the
Contractor and did not include transportation provided by any person other than
the Contractor, such as a biological parent or other family member.
Following discussions with Program
regarding the current outcome objectives, it has been determined that the first
two objectives will be revised to a 90 percent target to more accurately
reflect those outcomes that are within the Contractor’s control for Amendment
One. For example, if the court orders a different placement for the youth or if
the youth is removed by SSA and put in a different placement due to behavioral
issues, this will negatively impact the first outcome and be entirely outside
of the Contractor’s control. Additionally, for the second outcome, the metric
will be expanded to include transportation provided by any responsible adult
for visitations, rather than being limited to transportation provided solely by
the Contractor.
SSA now requests the Board’s
approval of Amendment One to the Contract with Olive Crest to provide services
for FFA Resource Family Homes at TFC to renew and amend the Contract in an
amount not to exceed $2,063,712, effective July 1, 2025, through June 30, 2027,
for a revised cumulative total amount not to exceed $4,899,072, effective July
1, 2022, through June 30, 2027. Prior to contract expiration, SSA plans to
issue a solicitation to continue services.
SSA staff have conducted due
diligence on the Contractor. The Contractor’s performance has been confirmed as
satisfactory. SSA has verified there are no concerns that must be addressed
with respect to the Contractor’s ownership/name, litigation status or conflicts
with County interests. The Orange County Preference Policy is not applicable to
this Contract because of federal and state funding. The non-profit has been
verified to be in good standing.
Prior to the start of this
Contract, an analysis was completed to determine the contract provides the
County with persons specially trained, experienced, expert and competent to
perform the special services in accordance with the law.
Subcontracts
This Contract does not currently
include subcontractors or pass through to other providers. See Attachment B for
Contract Summary Form.
Real Estate
License
Contractor staff will provide
services at the County’s SSA office located at 15405 Lansdowne Road in the City
of Tustin, under a License Agreement with County. The current License Agreement
with Olive Crest commenced on July 1, 2022, and will terminate on June 30,
2025. A First Amendment to License Agreement to extend the current term through
June 30, 2027, will be executed under delegated authority by County Executive
Office Real Estate Services. The First Amendment to License Agreement allows
Licensee rent-free use of Licensee’s designated space within SSA’s Tustin
Family Campus. Additional terms and conditions of the First Amendment to
License Agreement are included in the attached License Summary.
FINANCIAL
IMPACT:
Appropriations
for this Contract will be included in Budget Control 063, Social Services
Agency FY 2025-26 Budget and will be included in the budgeting process for
future years.
This Contract is funded with 15
percent federal (Title IV-E), 62 percent state (1991 and 2011 Realignment) and
23 percent County funds. County General Funds will be used towards the required
match to access federal and state funding.
A special rate for FFA Resource
Family Homes was authorized by CDSS Foster Care Rate Bureau, which is not to
exceed the Intensive Services Foster Care (ISFC) rate. The current ISFC rate is
$6,966 per month per child. The reimbursement rate of the ISFC rate is
projected to change by the California Necessities Index (CNI) as of July 1,
2025. The rate is set by CDSS on an annual basis. The FY 2024-25 CNI rate was
4.23 percent.
Contingency of
Funds
The proposed Contract includes provisions
that the Contract is contingent upon the availability of funds and inclusion of
sufficient funds in the budget approved by the Board for each fiscal year the
Contract remains in effect or operation. In the event such funding is
terminated or reduced, the County may terminate the Contract, reduce the
County’s maximum obligation or modify the Contract, without penalty.
STAFFING
IMPACT:
N/A
ATTACHMENT(S):
Attachment
A - Amendment One to Contract with Olive Crest, #CDA3022-A1
Attachment B - Contract Summary Form
Attachment C - License Summary
Attachment D - Risk Assessment or Modification of Insurance Terms