DATE: October 18, 2016
TO: Board of Supervisors
SUBMITTED BY: Rick Chavez, Chief Probation Officer
SUBJECT: Consent to Assignment of Contractor’s Rights and Obligations under County Agreement 15-227 to Fresno Pacific University’s Center for Peacemaking and Conflict Studies
RECOMMENDED ACTION(S):
TITLE
Consent to Assignment of Contractor’s rights and obligations under Agreement 15-227, for mediation services, to Fresno Pacific University’s Center for Peacemaking and Conflict Studies.
REPORT
There is no additional Net County Cost associated with the recommended action. Approval of the recommended action will allow Fresno Pacific University’s (FPU) Center for Peacemaking and Conflict Studies to succeed to the obligations and rights of original contractor Victim Offender Reconciliation Program (VORP), under Agreement No. 15-227 for the provision of mediation services between crime victims and offenders. VORP has ceased to exist as a separate 501(c)(3) corporation and has transferred its assets to FPU. The recommended action will provide for the continuation of victim and offender reconciliation services to the Probation Department through June 30, 2020.
ALTERNATIVE ACTION(S):
The Agreement provides that neither party may assign any of its contractual rights or duties absent the prior written consent of the other party. If the recommended action is not approved, these contracted services would no longer be provided.
FISCAL IMPACT:
There is no additional Net County Cost associated with the recommended action. The maximum annual compensation, including the two optional one-year extensions, will continue to be $24,000 per year and the five-year maximum not to exceed $120,000. Appropriations and estimated revenues for these services have been included in the FY 2016-17 Adopted Probation Org. 3430 Budget.
DISCUSSION:
On August 10, 2016, the Probation Department received a Letter of Assignment requesting consent to the assignment of Agreement 15-227 with VORP to FPU’s Center for Peacemaking and Conflict Studies. The letter informed the Probation Department that VORP ceased to exist as a separate 501(c)(3) corporation effective February 19, 2016, transferring all of its assets to FPU. In the memorandum of understanding that facilitated the consolidation of VORP into FPU it was noted that FPU intends to continue to facilitate the Victim / Offender Dialogue pursuant to the VORP mission statement.
VORP and FPU had a longstanding relationship in which VORP utilized students in the Center for Peacemaking and Conflict Studies program who had training in mediation and providing restorative justice services. This relationship also included FPU providing management and operations support to VORP. The Probation Department is satisfied that under the mantle of FPU, the quality of services provided under the Agreement will remain unchanged.
Sole source agreements with VORP have been approved by your Board and County Purchasing since 1997. Agreement 15-227 with VORP was approved by your Board on June 2, 2015. Approval of the recommended action will allow the services previously provided by VORP under Agreement 15-227 to continue through FPU’s Center for Peacemaking and Conflict Studies through June 30, 2020, which includes two optional one-year extensions.
REFERENCE MATERIAL:
BAI # 38 - June 2, 2015
ATTACHMENTS INCLUDED AND/OR ON FILE:
On file with Clerk - Letter of Assignment
CAO ANALYST:
Samantha Buck