DATE: October 24, 2023
TO: Board of Supervisors
SUBMITTED BY: Susan Holt, Director, Department of Behavioral Health
SUBJECT: Retroactive Agreement with Tulare County Superintendent of Schools to Receive Friday Night Live Funding
RECOMMENDED ACTION(S):
TITLE
1. Under Administrative Policy No. 34 for competitive bids or requests for proposals (AP 34), determine that an exception to the competitive bidding requirement under AP 34 is satisfied and a suspension of competition is warranted due to unusual or extraordinary circumstances, and that the best interests of the County would be served by entering into an agreement with the Tulare County Superintendent of Schools as the sole vendor identified by Department of Health Care Services to issue funding for the Friday Night Live program; and
2. Approve and authorize the Chairman to execute a retroactive Agreement with Tulare County Superintendent of Schools to receive Friday Night Live funding, effective July 1, 2023 through June 30, 2024, total not to exceed $45,000.
REPORT
There is no additional Net County Cost associated with the recommended actions, which will approve a retroactive agreement that allows the Department of Behavioral Health (Department) to receive Friday Night Live (FNL) program funding from the Tulare County Superintendent of Schools on behalf of the County of Fresno. The FNL Program is part of the current Fresno County Strategic Prevention Plan (SPP) for FY 2021-26 and is currently contracted and provided by Youth Leadership Institute (YLI). This item is countywide.
ALTERNATIVE ACTION(S):
Should your Board not approve the recommended actions, the Department will not receive set-aside funding for the FNL program and would need to use alternative funding for the program.
RETROACTIVE AGREEMENT:
The recommended agreement was received in late June 2023 and is retroactive to July 1, 2023. Subsequent internal and external reviews of the agreement caused further delays in bringing the agreement before your Board on an earlier date.
SUSPENSION OF COMPETITION/SOLE SOURCE CONTRACT:
It is requested that the County find under AP No. 34 that an exception to the competitive bidding requirement is satisfied, and a suspension of competition is warranted due to unusual or extraordinary circumstances, as the Tulare Superintendent of Schools is a local governmental agency and the only provider to issue funds for the FNL program. Based on this information, a letter of interest was not necessary. The Internal Services Department - Purchasing concurs with the Department’s assessment that this satisfies the exception to the competitive bidding process required by AP 34.
FISCAL IMPACT:
There is no increase in Net County Cost associated with the recommended actions. The recommended actions will allow the Department to receive funds for the FNL program for FY 2023-24 in the amount for $45,000. Sufficient appropriations and estimated revenues are included in the Department of Behavioral Health’s FY 2023-24 Adopted Budget for Org 5630.
DISCUSSION:
On July 13, 2021, your Board approved agreement No. 21-270 with Youth Leadership Institute (YLI) to provide substance abuse disorder primary prevention services for youth and young adults ages 10-20. The FNL program was one of the identified services.
On October 27, 2022, DHCS released Information Notice 22-057 informing counties that the California Friday Night Partnership (CFNLP) overseen by Tulare Superintendent of Schools will administer the annual funding for the FNL program beginning in State FY 2022-23. In order for participating counties to receive FNL funding, counties must contract with Tulare Superintendent of Schools as they oversee CFNLP.
On February 28, 2023, your Board approved agreement 23-080 with Tulare Superintendent of Schools to allow the Department to receive Friday Night Live program funding from Tulare Superintendent of Schools on behalf of the County of Fresno.
Historically, implementation of the FNL program has been a requirement for all counties receiving SAPT funds. Funding for FNL was a set-aside amount of funds within the larger amount set-aside for primary prevention. As a required program, the Department has included FNL within its Strategic Prevention Plans (SPPs), SUD Prevention RFPs, and agreements with local SUD prevention providers. The FNL Program was included in the FY 2021-26 SPP approved by DHCS, and in the current Fresno County SUD Prevention Agreement with YLI.
Approval of the recommended agreement will allow Fresno County to continue to receive FNL funding for FY 2023-24 in alignment with the current Fresno County SPP and the approved agreement with YLI. The FNL program supports and engages young leaders in school settings to undertake projects that prevent alcohol and other drug use and promote community health.
The agreement varies from standard County template as it was drafted by Tulare County Superintendent of Schools. The template is utilized by Tulare County Superintendent of Schools to execute agreements with different counties and is consistent statewide.
The recommended agreement contains mutual indemnification provision and allows either party to terminate the agreement without cause by giving 30 calendar days advance written notice.
REFERENCE MATERIAL:
BAI #34, February 28, 2023
BAI #9, July 13, 2021
ATTACHMENTS INCLUDED AND/OR ON FILE:
Sole Source Acquisition Request
On file with Clerk - Agreement with TCSS
CAO ANALYST:
Ron Alexander