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HomeMy WebLinkAboutAGENDA REPORT 2018 0620 CCSA REG ITEM 10SCITY OF MOORPARK, CALIFORNIA City Council Meeting of June 20, 2018 ACTION Approved staff Recommendation. Adopted Reso No. 2018-3735 BY M. Benson S. Consider Agreement with Ventura County Probation Agency for Work Release and Direct Work Programs and Resolution Amending the Fiscal Year 2018/19 Budget. Staff Recommendation: 1) 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 and City Attorney; and 2) Adopt Resolution No. 2018-____, amending the FY 2018/19 budget to fund these services. ROLL CALL VOTE REQUIRED Item: 10.S. MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council FROM: Jeremy Laurentowski, Parks and Recreation Director DATE: 6/20/18 Regular Meeting SUBJECT: Consider Agreement with Ventura County Probation Agency for Work Release and Direct Work Programs and Resolution Amending the Fiscal Year 2018/19 Budget BACKGROUND On July 1, 2015, the City Council approved a Drought Action Plan (DAP) outlining the various actions the City should take in order to meet the State Water Resources Control Board (SWRCB) mandated water conservation reduction target of 32%. The DAP not only outlined how the City should conserve water within City operations, but also promoted water conservation on a City-wide basis. The City Council will recall that the action items of the DAP called for turf removals within the City parks, as well as in the Landscape Maintenance Districts (LMD’s) and various City facilities. Staff prepared a phased approach that allowed for immediate water savings, while allowing time to design a drought tolerant plant palette for the designated renovation areas. Phase I eliminated the turf by utilizing chemical herbicides approved by the Ventura County Agricultural Commissioner’s office, mowing the remaining turf down to the subgrade and covering the areas with wood chips provided by the City’s contract tree trimming company. Phase II included the installation of California native and drought tolerant plant material, and a drip irrigation system. The planting and irrigation systems were completed in the parks and various City facilities in April, 2016. The final phase of the work in several LMD’s is currently under construction. Ultimately, the City of Moorpark’s operational water use was reduced by 45.6% in 2015, as compared to the same time period in 2013 per the requirements of the SWRCB. The City’s operational water use includes all City parks, landscape maintenance districts and the various City owned buildings and properties, such as the Civic Center buildings and Community Center, Library, the Police Services Center, the Moorpark Public Services Facility, the Ruben Castro Human Services Center, and Arroyo Vista Recreation Item: 10.S. 993 Honorable City Council 06/20/2018 Regular Meeting Page 2 Center. The total annual water savings achieved in 2015 was equivalent to approximately 101,714 hundred acre feet (AF), or approximately 76,082,670 gallons of water, resulting in a direct cost savings of approximately $300,000. The items implemented by 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 need to replenish the wood chips that were originally installed in 2016. Over the last couple years various volunteer groups, such as the Helping Hands organization, and programs through the Arroyo Vista Recreation Center, such as Volunteer Days, have helped to replenish the wood chips in several parks. However, the amount of work to accomplish this on an annual basis is excessive. In 2017, the City Council approved the Park Landscape Maintenance Bid Documents and Specifications for the City’s eighteen park sites and natural walking trails, and directed staff to solicit bid proposals from qualified contractors, as the agreement for landscape maintenance services had expired. The bidders were asked to include an additive cost item to install bark mulch twice annually, which would have added an additional annual cost of $36,920 to the base bid. The bid item was for labor only, as staff would either purchase the mulch directly from the supplier or utilizing the wood chips produced from the City’s regular tree trimming services. However, at the time the bids were received, the total bid for the park landscape maintenance services resulted in a cost increase of approximately 30% over the prior contract. Due to the cost implications and necessary subsidy from the General Fund, the City Council approved staff’s recommendation to remove this additive cost item and install bark mulch on an as-needed basis through separately bid contracts, or other sources as determined. In December, 2017 staff solicited bid proposals from several contractors to install 2” of bark mulch in the City parks where turf was removed. The bid results are as follows: Contractor Quantity Unit Unit Cost Total Oakridge Landscaping, Inc.3165 Cu Yd 31.95$ 101,121.75$ Venco Western, Inc 3165 Cu Yd 24.75$ 78,333.75$ Stay Green, Inc.3165 Cu Yd 18.00$ 56,970.00$ Due to the high costs associated with this work, staff determined that it would be beneficial to postpone this work until an affordable solution presented itself. It should be noted that the high cost of the bids to install the mulch, as compared to the original cost obtained in the bid proposal for landscape maintenance services, was due to the fact that the landscape maintenance bid specifications required the contractor to maintain the mulch at a 2” depth during the three year term of the contract. The contractors that originally bid this work were aware of the fact that there may be an initial high cost to install the mulch during the first year. However, the work to maintain the mulch to a 2” depth would be reduced significantly each subsequent year the contract was extended. 994 Honorable City Council 06/20/2018 Regular Meeting Page 3 DISCUSSION Recently staff learned about the Ventura County Probation Agency (VCPA), Work Release and Direct Work Programs (Work Program). The Work Program is a jail alternative program for those individuals who represent a low risk to public safety and who are sentenced to jail for 365 days or less. Per Section 4024.2 of the Penal Code, manual labor is permitted as an alternative to confinement in the main jail. VCPA screens all Work Program participants and will not assign participants to certain crews if their registration restricts them from working in certain areas, such as parks or the proximity to schools. The type of work performed through this program is landscaping, weed abatement, community beautification projects, and general clean-up. The VCPA provides Work Program crews consisting of eight to twelve individuals, supervised by one Ventura County Correctional Officer. VCPA would provide lower cost labor for the installation of mulch and the City will provide the Work Program crews with all hand tools and mechanical equipment, such as weed trimmers, if needed. VCPA supplies all safety equipment, such as vests, goggles and gloves. Staff believes that this labor alternative will significantly reduce the cost of installing bark mulch in the City parks, and may provide a cost effective alternative for other services. For instance, the City spends approximately $12,000 annually on weed abatement services in open space properties and the various City owned properties acquired for road widening projects. It should be noted that there is a daily cost of $550 for this program, regardless of the number of crew members. The VCPA has stated that a typical crew averages ten individuals per day and that a typical day includes normal break periods and travel time, resulting in approximately six hours of actual labor per crew member. The cost of this program is less than 1/3 the cost of hiring contract landscape personnel as shown in the table below. Staff Options Hourly Cost Daily Cost Work Program 9.16$ 550$ *Contracted Landscape Personnel 29.00$ 1,740$ Daily Rate for Ten Workers (average six hours of work per day) * based on prevailing wage rates, insurance, profit and overhead. Several contractors have stated that a single laborer has the ability to install two to three cubic yards (Cu Yds) of bark mulch per hour, depending on the site conditions. Based on the fact that the City will need to spread approximately 3,200 Cu Yds of mulch in the parks, the total cost to complete this work through the Work Program is approximately $15,000. As mentioned previously, the cost to install the bark mulch each subsequent time will be reduced significantly if the mulch is replenished on a regular basis. Staff anticipates completing this work twice annually, but will evaluate each park individual and will schedule the work as needed to maintain a depth of approximately 2” of bark mulch. 995 Honorable City Council 06/20/2018 Regular Meeting Page 4 Currently the cities of Thousand Oaks, Port Hueneme, and Oxnard, along with the County of Ventura and Waste Management utilize the Work Program through the VCPA for various services. Staff has spoken with the Landscape Maintenance Supervisor at the City of Thousand Oaks that oversees this program and has received positive feedback. Thousand Oaks has contracted with VCPA since 1990. Currently the crews are utilized to perform landscape maintenance services at various City facilities, such as City Hall and the Library, as well as within the streetscapes and natural areas. Thousand Oaks schedules work crews twice a week to help offset direct overhead costs related to landscape services. Staff will continue to seek the services of volunteer organizations to help offset the costs associated with maintaining the mulch in the City parks. Additionally, over the next several years staff intends to install additional plant material to the planter areas. As the plant material establishes and provides cover to the planters, the need for bark mulch will be significantly reduced. Since the Work Program will provide significant cost savings to the City, staff is recommending that the City Council approve a three-year Agreement at a cost of $30,000 annually with the VCPA, to provide the labor to complete the installation of bark mulch and other services as deemed appropriate. The total cost over the three year term is $90,000. FISCAL IMPACT Funding for this work has not been included in the FY 18/19 budget. Staff is requesting a budget amendment for the FY 2018/19 budget from the General Fund (1000) in the amount of $30,000 to fund the costs of these services. It should be noted that $25,000 has been included in the FY 18/19 budget to purchase bark mulch, if needed to supplement the wood chips obtained from the City’s contract tree trimming company. STAFF RECOMMENDATION (ROLL CALL VOTE) 1. Approve Agreement with the Ventura County Probation Agency, and authorize the City Manager to execute the Agreement, subject to final language approval of the City Manager and City Attorney; and 2. Adopt Resolution No. 2018-____, amending the FY 2018/19 Budget to fund these services Attachments: 1. Agreement 2. Resolution No. 2018-____ 996 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 _________________ , 2018, by and between the County of Ventura ("County") and the City of Moorpark ("Agency"). The purpose of this Ag reement 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 the date first written above and shall terminate June 30, 2021, 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 1 997 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, or Participants. The point of contact person must be available for immediate response. 3. Compensation. Agency must pay County a rate of $550 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. Each party must hold harmless, immediately defend, and indemnify the other party and its directors, council members, officers, agents and employees against any and all loss, liability, damage, or expense, including any direct, indirect, or consequential loss, liability, damage, or expense, for injury or death to persons and damage to property to the extent arising out of, resulting from, or in connection with, the indemnifying party's performance or failure to perform any of its obligations in this Agreement. The provisions of this paragraph will survive the term and termination of this Agreement. 2 998 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: 3 999 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 (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. 4 1000 20. Compliance with Laws. Agency and County must comply with all applicable state and federal laws and regulations pertaining to the services performed by County under this Agreement. 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 provis ion 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 s 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. 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. 5 1001 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: 6 1002 RESOLUTION NO. 2018-____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, AMENDING THE FISCAL YEAR 2018/19 BUDGET BY APPROPRIATING $30,000 FROM GENERAL FUND (1000) FOR AS-NEEDED LANDSCAPE MAINTENANCE SERVICES AT VARIOUS CITY PROPERTIES WHEREAS, on June 20, 2018 the City Council adopted the Operating and Capital Improvement Projects budget for Fiscal Year (FY) 2018/19; and WHEREAS, a staff report has been presented to the City Council requesting approval of an agreement with the Ventura County Probation Agency Work Release program for as needed landscape maintenance services at various City properties in the amount of $30,000; and WHEREAS, a budget amendment from the General Fund (1000) of $30,000 is required to fund these services; and WHEREAS, Exhibit “A”, attached hereto and made a part hereof, describes said budget amendment and the resultant impact to the budget line item. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. A budget amendment in the amount of $30,000 from General Fund (1000) as more particularly described in Exhibit “A”, attached hereto, is hereby approved. SECTION 2. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. PASSED AND ADOPTED this 20th day of June, 2018. _____________________________ Janice S. Parvin, Mayor ATTEST: ________________________________ ___ Maureen Benson, City Clerk Exhibit A – Budget Amendment 1003 Resolution No. 2018-_____ Page 2 FUND BALANCE ALLOCATION: Fund-Account Number Amount 1000-000-00000-33990 30,000.00$ Total 30,000.00$ EXPENDITURE APPROPRIATION: Account Number Current Budget Revision Amended Budget 1000-541-00000-51000 -$ 30,000.00$ 30,000.00$ -$ -$ -$ -$ -$ -$ Total -$ 30,000.00$ 30,000.00$ Fund Title General Fund EXHIBIT A BUDGET AMENDMENT FOR GENERAL FUND (1000 ) AS NEEDED LANDSCAPE MAINTENANCE SERVICES FY 2018/19 1004