REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY
AND RECORD OF ACTION
October 8, 2024
FROM
LUTHER SNOKE, Chief Executive Officer, County Administrative Office
SUBJECT
Title
Revision to Non-Financial Community Care Expansion Preservation Program Contract Template
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RECOMMENDATION(S)
Recommendation
1. Approve a revised standardized and non-financial Community Care Expansion Preservation Program contract template for San Bernardino County to award Operating Subsidy Payment funding to eligible Adult Residential Facilities, Residential Care Facilities for the Elderly, and Residential Care Facilities for the Chronically Ill, allowing alternative agreements in lieu of deed restrictions, as listed in Attachment D, beginning the date of execution through June 30, 2029.
2. Authorize the Chief Executive Officer or County Chief Financial Officer to execute the Community Care Expansion Preservation Program contract template with subgrantees, contractors, and/or subcontractors in accordance with the Board of Supervisors approved Community Care Expansion Preservation Program Implementation Plan, on behalf of the County, subject to County Counsel review.
(Presenter: Matthew Erickson, County Chief Financial Officer, 387-5423)
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COUNTY AND CHIEF EXECUTIVE OFFICER GOALS & OBJECTIVES
Promote the Countywide Vision.
Operate in a Fiscally-Responsible and Business-Like Manner.
Provide for the Safety, Health and Social Service Needs of County Residents.
Pursue County Goals and Objectives by Working with Other Agencies and Stakeholders.
FINANCIAL IMPACT
Approval of this item will not result in the use of Discretionary General Funding (Net County Cost) as this amendment is non-financial in nature. The total cost of $14,620,997 remains unchanged and is funded by a Community Care Expansion Preservation Program (Program) allocation funded in the amount of $13,833,106 from the California Department of Social Services (CDSS) and $787,891 from the County’s American Rescue Plan Act (ARPA) funding source as part of the CCE matching requirement for its Capital Projects Program. Adequate appropriation and revenue are included in the 2024-25 CCE Preservation Program budget and will be included in future recommended budgets.
BACKGROUND INFORMATION
The Program, which is administered by CDSS, provides noncompetitive allocations to counties that have elected to participate. The Program provides the following two forms of direct financial assistance to eligible Adult Residential Facilities, Residential Care Facilities for the Elderly, and Residential Care Facilities for the Chronically Ill (collectively “Facilities”):
• Operating Subsidy Payments: Funds may be used to preserve and avoid the closure of local Facilities through operational financial support.
• Capital Projects: Funds may be applied to physical repairs or required upgrades to local Facilities to prevent closure and/or meet licensing requirements.
San Bernardino County (County) recognizes the vital role that Facilities play in providing care to vulnerable populations within the community. To ensure the ongoing reliability and sustainability of the long-term care continuum, the County agreed to participate in the Program.
On May 9, 2023 (Item No. 23), the Board of Supervisors (Board) accepted a Program allocation in the amount of $13,833,106 and approved the Implementation Plan (Plan). State allocation of Program funds were contingent on the County’s development and approval of the Plan. The funding consists of $5,954,197 in Operating Subsidy Payments (OSP), and $7,878,909 in Capital Projects. The County Administrative Office (CAO) is responsible for the administration, dissemination, and monitoring of funds as it relates to eligible Facilities. The CAO is acting in partnership with the Project and Facilities Management Department and Department of Aging and Adult Services-Public Guardian, with input from the Department of Behavioral Health.
On December 5, 2023 (Item No. 25), the Board approved standardized Program contract templates including the one that allowed the County to award OSP funding to eligible Facilities. The OSP contract template is for all eligible facilities receiving funds for operational expenses as OSP funds are available to address a facility’s deficits associated with the day-to-day operations (e.g., staffing, utilities, security, maintenance). The intent of these funds is to preserve and avoid the closure of facilities, as well as to increase the acceptance of new residents, including high-risk. At that time, State law required a deed restriction for all facilities receiving OSP funds, and that requirement was included in the contract template.
On July 2, 2024, Assembly Bill 161 was signed into State law to authorize the use of an alternative, legally enforceable agreement in lieu of a deed restriction originally required for OSP participants. The revised OSP contract template will incorporate this change to State law and provides the County with the ability to utilize alternative agreements as opposed to deed restrictions.
Allowing the use of an alternative agreement will likely result in greater CCE Preservation Program participation, as many Facilities are operated upon leased property, and, unlike a deed restriction, an alternative agreement does not require the consent of the property owner.
PROCUREMENT
Not applicable.
REVIEW BY OTHERS
This item has been reviewed by County Counsel (Julie Surber, Principal Assistant County Counsel, 387-5455) on September 17, 2024; Purchasing (Ariel Gill, Supervising Buyer, 387-2070) on September 18, 2024; Risk Management (Gregory Ustaszewski, Staff Analyst II, 386-9008) on September 17, 2024; Finance (Erika Rodarte, Administrative Analyst, 387-4919) on September 18, 2024; and County Finance and Administration (Matthew Erickson, County Chief Financial Officer, 387-5423) on September 24, 2024.TitleEndRecommendationBody