REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY
AND RECORD OF ACTION
April 23, 2024
FROM
TRACY REECE, Chief Probation Officer, Probation Department
SUBJECT
Title
Contract with Victor Valley Community College District to Provide Education Services in Construction Technology
End
RECOMMENDATION(S)
Recommendation
Approve contract, including non-standard terms, with Victor Valley Community College District to provide education services in Construction Technology to Youth housed at A Restorative Integration for Successful Engagement located in Apple Valley, for a not to exceed amount of $81,774, for the period of April 24, 2024 through April 23, 2025.
(Presenter: Tracy Reece, Chief Probation Officer, 387-5692)
Body
COUNTY AND CHIEF EXECUTIVE OFFICER GOALS & OBJECTIVES
Promote the Countywide Vision.
Create, Maintain and Grow Jobs and Economic Value in the County.
FINANCIAL IMPACT
Approval of this item will not result in the use of Discretionary General Funds (Net County Cost). Provisions of Construction Technology Services is funded by the Youth Offender Block Grant, as part of the 2011 Realignment funding. The total cost of the contracted services will not exceed $81,774 over the period of the contract, effective as of April 24, 2024 and will expire April 23, 2025. Sufficient appropriation is included in the Probation Department’s (Probation) 2023-24 budget and will be included in the 2024-25 Recommended Budget.
BACKGROUND INFORMATION
On February 17, 2022, the Purchasing Department approved a one-year contract with Victor Valley Community College District (District) to provide education services in Construction Technology to Probation youth (Youth) housed at A Restorative Integration for Successful Engagement (ARISE) in Apple Valley, for a not to exceed amount of $100,000 effective February 17, 2022 through January 31, 2023. The District completed the first module, which included the following not-for-credit courses:
• CT90 - Introduction to Construction Lecture
• CT91 - Introduction to Construction Lab
To continue services, the Department is requesting the Board approve a new one-year contract, including non-standard terms, for a not to exceed amount of $81,774. The new contract will include the first module for new ARISE Youth and add a second module that includes the following not-for-credit courses for Youth who completed the first module:
• CT60A - Electrical Fundamentals
• CT120A - Residencial Wiring
After successful completion of each module, Youth will receive certificates from the Occupational Safety and Health Administration, North American Building Trades Union, Building Construction Trades Council for Riverside and San Bernardino Counties, and Victor Valley Community College District, which aims to provide the Youth greater opportunities to successfully enter the workforce community.
The contract with the District includes terms that differ from the standard County contract and omit certain County standard language. The non-standard and missing terms are as follows:
1. The District is not required to meet all the County standard insurance requirements, including the waiver of subrogation.
• The County standard contract requires contractors to carry appropriate insurance at limits and under conditions determined by the County’s Risk Management Department.
• Potential Impact: The contract does not include all of the County standard insurance requirements. This means that the County has no assurance that the District will be financially responsible for certain claims that are excluded from the standard insurance requirements. No waivers of subrogation may allow the District to bring suit against the County, which could result in expenses that exceed the contract amount.
2. The parties are required to mutually indemnify one another.
• The County standard contract language does not include any indemnification or defense by the County of a contractor.
• Potential Impact: By agreeing to defend the District, the County could be contractually waiving the protection of sovereign immunity. Claims that may otherwise be barred against the County, time limited, or expense limited that are brought against the District without such limitations and the County could be responsible to defend and reimburse the District for costs, expenses and damages, which could exceed the total contract amount.
Probation recommends approval of the contract with the District, including the non-standard contract terms, because it will provide critical mentoring, coaching, skill and life building services to Probation Youth.
PROCUREMENT
The District is the only mid-level academic institution within the Victorville District Jurisdiction. The District boasts accreditation from the Accrediting Commission for Community and Junior Colleges Western Association of Schools and upholds a governmental relationship with the County by playing a crucial role in fulfilling general education requirements for Probation youth.
Purchasing supports this non-competitive procurement based on specialized credentials, location, and expertise, while Probation re-assesses the educational needs of Youth in order to release a Request for Proposals that encompasses the needs of the entire Probation population.
REVIEW BY OTHERS
This item has been reviewed by County Counsel (Maria Insixiengmay, Deputy County Counsel, 387-5455) on February 6, 2024); Purchasing Department (Ariel Gill, Supervising Buyer, 387-2070) on February 7, 2024; Risk Management (Victor Tordesillas, Director, 909-387-8623) on February 6, 2024; Finance (Iliana Rodriguez, Administrative Analyst, 387-4205) on March 11, 2024; and County Finance and Administration (Robert Saldana, Deputy Executive Officer, 387-5423) on March 11, 2024.