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HomeMy WebLinkAboutAGENDA REPORT 2021 0616 CCSA REG ITEM 10GCITY OF MOORPARK, 
CALIFORNIA City Council Meeting of June 16, 2021 ACTION APPROVED STAFF RECOMMENDATION. BY B. Garza G. Consider Agreement with Ventura County Probation Agency for Work Release Labor. Staff Recommendation: Approve agreement with the Ventura County Probation Agency, and authorize City Manager to execute the Agreement, subject to final language approval of the City Manager. (Staff: Jeremy Laurentowski) Item: 10.G. MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council FROM: Jeremy Laurentowski, Parks and Recreation Director DATE: 06/02/2021 Regular Meeting SUBJECT: Consider Agreement with Ventura County Probation Agency for Work Release Labor SUMMARY Staff is requesting authorization to execute a new three-year contract with the Ventura County Probation Agency (VCPA) to allow for the continued use of VCPA Work Release Program supervised manual labor at City properties. BACKGROUND In 2015, the City Council approved a Drought Action Plan (DAP) outlining the various actions for the City to take to meet the State Water Resources Control Board (SWRCB) mandated water conservation reduction target of 32%. Among the action items identified in the DAP was the removal of turf within City parks, Landscape Maintenance Districts (LMD’s) and at various City facilities. Staff used a phased approach that achieved immediate water savings while allowing time to design and install a drought tolerant landscaping in designated renovation areas. The initial phase focused on removing turf and replacing it with wood chips provided by the City’s contract tree trimming company. The second phase included the installation of California native and drought tolerant plant material and drip irrigation in designated areas at City parks and LMDs. The total annual water savings achieved in 2015 was equivalent to approximately 101,714 hundred cubic feet (HCF), or approximately 76,082,670 gallons of water, resulting in a direct cost savings of approximately $300,000 in the first year alone. Implementation of the DAP directly contributed to the City’s ability to exceed the 32% reduction goal required by the SWRCB. Since the removal of the turf in the various City-owned properties, primarily the parks, there has been a regular need to replenish the wood chips that were originally installed. Over the years various volunteer groups and programs through the Arroyo Vista Recreation Center, such as Volunteer Days, have helped with this task, however the amount of work required on an annual basis was excessive. Item: 10.G. 448 Honorable City Council 06/16/2021 Regular Meeting Page 2 In December 2017, staff solicited bid proposals from contractors to provide labor to install bark mulch in the City parks where turf was removed. The bid results provided labor costs in excess of $50,000 for the work, not including the cost of the mulch, and staff elected to postpone the project until an affordable solution presented itself. Soon thereafter staff became aware of the VCPA Work Release Program, which was being utilized by various agencies throughout the County (including the cities of Thousand Oaks, Port Hueneme, Oxnard, and the County of Ventura) to provide manual labor for basic maintenance work at public facilities. The VCPA Work Release Program is a jail alternative program for individuals who represent a low risk to public safety and who are sentenced for 365 days or less. Section 4024.2 of the Penal Code (PC) authorizes voluntary, supervised manual labor as an alternative to confinement in the main jail for these low-risk individuals. The PC allows this labor to be used for various purposes including improving or maintaining public facilities such as streets, parks and schools. The type of work performed includes landscaping, weed abatement, community beautification projects, and general clean-up. The VCPA program provides crews consisting of eight to twelve individuals, supervised by one Ventura County Correctional Officer. The work crews are supplied with all hand tools, safety equipment, and a limited supply of mechanical equipment, such as weed trimmers. On June 20, 2018, the City Council authorized staff to enter into a three-year contract with VCPA for Work Release Program services. This contract is scheduled to expire on June 30, 2021. DISCUSSION The current contract with VCPA allows for the use of work release labor for weed abatement, trash abatement and landscape renovation projects at City properties. In practice, the City has primarily utilized the VCPA crews for placement and spreading of mulch at City parks. A typical work crew averages 10 individuals per day and a typical day includes normal break periods and travel time, resulting in approximately six hours of actual labor per crew member. The current daily cost for this program is $550, regardless of the number of crew members. This rate is scheduled to increase to $570 per day for Fiscal Year (FY) 2021/22. Staff recently scheduled VCPA to spread mulch in the City parks from May 10 through May 21, 2021 and will potentially schedule another week in June if the work cannot be completed within the two-week window. It is estimated that the City will spend approximately $8,250 prior to the end of the current FY, bringing the total amount spent on these services to approximately $27,500 over the three-year term of the contract. Staff typically schedules this work in August of each year, however, due to the COVID-19 pandemic, this work has been delayed. Staff is requesting authorization to execute a new three-year contract with VCPA to allow for the continued utilization of work release labor following expiration of the current contract. 449 Honorable City Council 06/16/2021 Regular Meeting Page 3 FISCAL IMPACT The VCPA contract provides a not-to-exceed amount of $30,000 annually, for a total contract value of $90,000 over the total three-year term. Funding for these services is included in the proposed FY 2021/22 budget and will be budgeted appropriately in each subsequent fiscal year for the term of the Agreement. No additional appropriation is required at this time. COUNCIL GOAL COMPLIANCE: This action is consistent with City Council Strategy 6, Goal 3 (6.3): “Enhance long-term financial sustainability.” STAFF RECOMMENDATION Approve agreement with the Ventura County Probation Agency, and authorize City Manager to execute the Agreement, subject to final language approval of the City Manager. Attachment: Draft Agreement 450 ATTACHMENT Agreement No. _____________ VENTURA COUNTY PROBATION AGENCY AGREEMENT FOR WORK RELEASE LABOR INCLUDING TRANSPORTATION AND SUPERVISION BY COUNTY This AGREEMENT ("Agreement") is made and entered into this _______ day of _________________, 2021, by and between the County of Ventura ("County") and the City of Moorpark ("Agency"). The purpose of this Agreement is for County to provide to Agency labor performed by participants in County's Work Release Program ("Participants"). Now, therefore, in consideration of the mutual promises, obligations, and covenants hereinafter contained, Agency and County agree as follows: 1. Term. This Agreement shall commence on July 1, 2021 and shall terminate June 30, 2024, unless sooner terminated by either party. 2. Scope of Services. In consideration for fees paid under paragraph 3 below, County will furnish labor, transport Participants to and from work locations unless other mutually agreed upon written arrangements are made, and supervise the Participants in completing mutually agreed upon projects. Tasks may include, but are not limited to the following: a. Weed abatement within Agency maintained areas. This includes Agency parks, detention basins, trail systems, and medians. b. Trash abatement within Agency maintained areas. c. Landscape renovation within Agency maintained areas to include but not limited to: removal of dead/dying plant material, soil preparation, planting of replacement plant material, and trimming of plant material. d. Placement and spreading of mulch or other soil amendments within Agency maintained areas. Participants will work collectively in a "Crew." The normal size of a supervised Crew will be 8 to 12 individuals, supervised by one County employee from the Probation Agency. The number of Crews provided will depend on availability of Participants and the needs of Agency. Before Participants begin work, Agency will provide clear direction as to the location, nature and scope of work to be performed by the Participants. Agency will, at all times during the period when Participants are performing work, make available a person who will serve as a point of contact to answer questions about the location, nature, and scope of work, and to provide inspection and verification of work, upon request by County, Crew, 451 2 or Participants. The point of contact person must be available for immediate response. 3. Compensation. Agency must pay County a rate of $570 per Crew per day, with an annual "not to exceed" amount of $30,000 per year. The County’s rate will be recomputed annually and revised accordingly, determined by County, based on County's costs and thereafter charged at revised rate. Such revision and rate shall be deemed to be incorporated by reference herein at the time of written notification thereof to Agency. 4. Supervision. Supervision of Participants will include enforcement of Work Release policies, including transportation of any Participant who refuses to work, becomes unable to work, or disrupts the work, and supervision of work performed by Participants for Agency. 5. Replacement of Problem Participants. If, due to the removal of a Participant from a Crew, it becomes necessary to replace that Participant, and if a replacement Participant is immediately available, County will make reasonable efforts to provide a replacement Participant. 6. Supplies and Materials. Agency will provide all necessary tools, supplies and materials, including any safety equipment, needed by Participants to complete the assigned projects. Agency will provide a safe working environment, including, but not limited to, any necessary signage, barriers, or other safety devices typically used for similar work when performed by Agency personnel. 7. Injuries. Where County furnishes supervision for labor to Agency, County will provide for necessary medical treatment for injuries or illness suffered by Participants while in the course and scope of the performance of labor provided under this Agreement. Should Workers' Compensation benefits be required, County will provide such benefits to Participants. 8. Mutual Indemnification. To the maximum extent permitted by law, each party must indemnify, defend, and hold the other party, its elected officials, officers, employees, agents and volunteers free and harmless, with respect to any and all direct and indirect losses, liabilities, damages, claims, actions and/or expenses, including expert witness fees and costs, for injury, illness, or death to any person and/or damage to property, to the extent arising out of, resulting from, or incurred in connection with, the acts, omissions, or willful misconduct of the indemnifying party or the indemnifying party's officer, employee, contractor, agent, or volunteer, and related in any to the indemnifying party’s exercise of rights or performance obligations under this Agreement. The provisions of this paragraph will survive the expiration and/or termination of this Agreement. 452 3 9. Insurance. a. County must maintain a program of self-insurance during the performance of any services under this Agreement. City acknowledges that County is self-insured against workers' compensation claims in accordance with Labor Code section 3700(b) and that Agency is self-insured for general liability claims in accordance with Government Code sections 989 and 990. b. County must, prior to performance of any services, file with the Agency's Risk Manager evidence of coverage. c. Maintenance of insurance coverages by County is a material element of this Agreement. County's failure to maintain insurance coverages may be considered a material breach of this Agreement. 10. Accounting. Upon request by Agency, County will provide an accounting of the number of Crews employed by Agency during each month. 11. Independent Contractor. In the performance of this Agreement, County is an independent contractor, and County’s officers, agents, employees, assigns and Participants are not employees of Agency. County has the right to exercise full control over the method of completing the work for the Agency. County’s officers, agents, employees, assigns, and Participants are not entitled to receive from Agency any of the benefits or rights afforded employees of Agency, including, but not limited to, reserve leave, sick leave, vacation leave, holiday leave, compensatory leave, Public Employees Retirement System benefits, or health, life, dental, long-term disability and workers’ compensation insurance benefits. County and its officers, agents, employees, assigns, and Participants has no power to incur any debt, obligation, or liability on behalf of Agency, bind Agency in any manner, or otherwise act on behalf of Agency other than as stated in this Agreement. County and its officers, agents, employees, assigns, and Participants may not, at any time or in any manner, represent that they are in any manner agents, officers or employees of the Agency. 12. Termination. Either party may terminate this Agreement with or without cause at any time, immediately upon written notice to the other. 13. Notices. All notices and other official correspondence relating to this Agreement shall be made by depositing first-class postage-paid mail to the address as follows: 453 4 County: Mark Varela Director/Chief Probation Officer Probation Agency 800 South Victoria Avenue Ventura, CA 93009 Agency: Jeremy Laurentowski Parks and Recreation Director 799 Moorpark Avenue Moorpark, CA 93021 Or to such other address as either party may designate hereinafter in writing delivered to the other party. Said notice shall be deemed to have been received three (3) days after mailing. 14. Assignment. This Agreement may not be assigned by the County, either in whole or in part, without the written consent of the Agency. 15. Amendment. No alteration or variation of this Agreement is valid unless made in writing and signed by the parties hereto, and no oral understanding or agreement not incorporated herein is binding on any of the parties hereto. 16. Payment. County may submit monthly written invoices based upon the services rendered under this Agreement, and Agency must pay the undisputed amount(s) on those invoices within sixty (60) days of the Agency’s receipt of said invoices. 17. Force Majeure. Neither Agency nor County is responsible for delays or failures in performance resulting from acts beyond the control of either party. Such acts include, but are not limited, acts of God, strikes, lockouts riots, acts of war, epidemics, governmental regulations imposed after this Agreement was executed, fire, communication line failures, earthquakes, or other disasters. 18. Time of Essence. Time is of the essence in regard to performance of any of the terms and conditions of this Agreement. 19. Governing Law: Venue. The construction and interpretation of this Agreement and the rights and duties of Agency and County hereunder are governed by the laws of the State of California, excluding California’s choice of law rules. Venue for any such action relating to the Agreement is in the Ventura County Superior Court. 454 5 20. Compliance with Laws. Agency and County must comply with all applicable local, state and federal laws and regulations pertaining to the services performed by County under this Agreement, including but not limited to the Americans with Disabilities Act and Occupational Safety and Health Administration laws and regulations. 21. Severability. The invalidity in whole or in part of any provision of this Agreement will not void or affect the validity of any other provision. 22. No Waiver. No waiver of a breach of any provision of this Agreement by either Agency or County will constitute a waiver of any other breach of the same provision or any other provision of this Agreement. Failure of either Agency or County to enforce at any time, or from time to time, any provision of this Agreement, must not be construed as a waiver of such provision or breach. 23. Counterparts. This Agreement may be executed in two or more counterparts, each of which is deemed as original and all of which, when taken together, are deemed to be one in the same agreement. A signed copy of this Agreement transmitted by fax, email, or by other means of electronic transmission is deemed to have the same legal effect as delivery of an original executed copy of this Agreement for all purposes. 24. Arbitration. In the event of any dispute with regard to the provisions of this Agreement, the services rendered, or the amount of County's compensation, the dispute may be submitted to non-binding arbitration upon the mutual agreement of the parties, under such procedures as the parties may agree upon, or, if the parties cannot agree, then under the Rules of the American Arbitration Association. 25. Expenses of Enforcement. Each party is responsible for its respective costs of litigation, including attorneys' fees and expenses, which may include investigation fees and expert witness fees, that arise as a result of any dispute involving the terms and conditions of this Agreement. 26. Authority to Execute. Agency acknowledges that the people executing this Agreement have been duly authorized by the City Council to do so on behalf of Agency. County acknowledges that the person executing this Agreement has been duly authorized by County to do so on behalf of County. 27. Entire Agreement. This Agreement constitutes the entire agreement of the parties regarding the subject matter described herein and supersedes all prior communications, agreements, and promises, either oral or written. 455 6 28. Headings. The headings used in this Agreement are for convenience only and in no way define, limit, or describe the scope or intent of this Agreement or any part of it. 29. Audit. The State Auditor may examine and audit Agency, County, or both, for a period of three (3) years after final payment under the Agreement. County must maintain and preserve all such records for a period of at least three (3) years after final payment under the Agreement. IN WITNESS WHEREOF, Agency and County have caused this Agreement to be executed the day and year first written. County: Agency: Director/Chief Probation Officer City of Moorpark 800 South Victoria Avenue 799 Moorpark Avenue Ventura, CA 93009 Moorpark, CA 93021 BY: BY: Mark Varela Troy Brown Director/Chief Probation Officer City Manager Date: Date: 456