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HomeMy WebLinkAbout32262Agreement No. 15-519 County of Fresno Agreement Number 06A2115 Page 1 of 8 COOPERATIVE AGREEMENT THIS AGREEMENT ENTERED INTO ON November 1, 2015, is between the State of California, acting by and through its Department of Transportation, referred to herein as CAL TRANS and the County of Fresno, hereinafter referred to as COUNTY. RECITALS 1. WHEREAS, CAL TRANS and COUNTY, pursuant to Streets and Highways Code section 114(a), are authorized to enter in this Cooperative Agreement affecting State highways within the jurisdiction of COUNTY and 2. WHEREAS, CAL TRANS has requested COUNTY assign participants from COUNTY'S Adult Offender Work Program, ("Participant/Participants") to perform roadside work for CAL TRANS subject to the terms and conditions of this Agreement; and 3. WHEREAS, the COUNTY's governing body, under the authority of local ordinances, if applicable, is authorized to provide services or funding as described and specified herein pursuant to the COUNTY Agenda Item/Resolution attached hereto as Attachment C. 4. All services performed by COUNTY pursuant to this Agreement are intended to be performed in accordance with all applicable Federal, State, and COUNTY laws, ordinances, regulations, and CAL TRANS encroachment permits, published manuals, policies, and procedures. 5. WHEREAS, project funding is as follows: FUND TITLE FUND SOURCE SHA STATE DOLLAR AMOUNT $0.00 6. This Agreement is exempt from legal review and approval by the Department of General Services, pursuant to PCC section 1 0295. NOW, THEREFORE, In respect of the mutual covenants and conditions contained herein, the parties hereto agree as follows: SECTION I COUNTY AGREES: 1. To provide Participants who will be under the direct supervision and control of CAL TRANS. The labor will improve or preserve the highway appearance or function. The labor to be performed will include a variety of tasks to include, but not necessarily be limited to, those tasks set forth in Attachment A, which is attached hereto and incorporated herein by reference. a) The COUNTY shall assign a crew, consisting of no more than twenty-five (25) Participants, depending on the type and amount of work to be accomplished at a specified job site and on the number of Participants, and CAL TRANS staff available to supervise the work. b) Participants shall perform manual, unskilled labor on State highways within Fresno County or around State maintenance facilities. c) Work shall be performed on a daily basis from 7:00a.m. to 3:30p.m. excluding holidays to which CAL TRANS personnel are entitled. County of Fresno Agreement Number 06A2115 Page 2 of 8 2. To provide information to Participants regarding the location they are to report to: 1635 W. Pine Avenue, Fresno, CA 93728, daily, no later than 7:00 a.m. 3. To provide CAL TRANS with a list of all Participants scheduled to appear for services. 4. To provide each Participant with a one (1) page document that outlines the maintenance activities the Participants will be doing, as well as. the consequences of failing to appear for service. SECTION II CAL TRANS AGREES: 1. To the extent possible considering staff obligations and maintenance commitments, to utilize Participants provided by COUNTY to perform certain unskilled labor activities on State highways within Fresno County or around State maintenance facilities. 2. To provide at least one (1) staff member per crew to oversee a maximum of twenty-five (25) Participants and to provide backup staffing in the event the scheduled staff member becomes unavailable . 3. To specify the work to be done, its location and the manner of performing the job. 4 . To set-up all lane closures and provide the necessary protective back-up vehicles for crew(s) to safely work in roadway lanes, shoulders, and ramps. 5. That the Participants will not be used for the removal or handling of hazardous materials. 6. To provide transportation for Participants to and from the work site from pick-up points agreed upon between the COUNTY and CAL TRANS. These points shall be determined prior to the beginning of work on this Agreement. 7. That the operation of equipment that requires special licensing or internal department certification, including electrical powered tools, shall be performed only by qualified CAL TRANS employees, and that CAL TRANS shall not permit Participants to operate mechanical equipment. 8. To provide Participants with all necessary safety equipment, including but not limited to signs, hard hats. and safety vests. 9 . CAL TRANS employees shall provide the necessary safety instructions and explain the work to be done and direct the work of the Participants. CAL TRANS shall furnish the necessary safety warning signs and instruct Participants on the placement of said signs. Any required traffic control will be provided by the State . Representatives of COUNTY will have unlimited right to visit any work site where Participants are working, to monitor safety program and investigate any on-the-job injuries that may have been incurred by Participants. 10 . If a Participant is injured at the job site, the following actions shall be taken by CAL TRANS: a) CAL TRANS shall record Participant injuries by completing the COUNTY Accident Investigation Report . A blank copy of the COUNTY Accident Investigation Report is attached hereto and incorporated herein by reference as Attachment B . County of Fresno Agreement Number 06A2115 Page 3 of 8 b) CAL TRANS shall refer Participant to authorized medical providers. as identified by COUNTY, on the County Medical Treatment Authorization Form, which will be provided by COUNTY. c) CAL TRANS shall issue, receive, complete, and forward DWC 1 Form (Employee's Claim for Worker's Compensation Benefits and additional claim forms as needed) to the COUNTY within 24 hours of notice of an industrial injury and/or receipt of the DWC 1 Form from a Participant. The COUNTY will provide these forms to CAL TRANS. CAL TRANS shall cooperate with the COUNTY to complete any additional claim forms and/or reports within a reasonable time in connection with the Participant's injury. d) CAL TRANS shall notify COUNTY telephonical!y within 24 hours following a Participant injury or notice of a Participant injury by calling COUNTY'S Probation Department at (559) 600-5127. CAL TRANS will also forward copies of the County Accident Investigation Report, completed DWC 1, and additional claim forms to COUNTY'S Probation Department within 24 hours. Said notification shall provide all data (including any information regarding the authorized medical provider). This information is to be sent to Fresno County Probation Department, 890 S. Tenth Street, Fresno, CA 93702. 11. CAL TRANS shall provide technical direction to oversee the work being performed under the terms of this Agreement in its maintenance and equipment functions and will provide materials, supplies, tools and equipment utilized by probation laborers at the job site. In the event that a claim for industrial injury is filed by any Participant in connection with work performed pursuant to this Agreement, COUNTY will be responsible for any Worker's Compensation benefits awarded to such Participants. COUNTY will be liable for all costs incurred in the administration of such claims, including any settlement costs. SECTION Ill IT JS MUTUALLY AGREED: In consideration of the foregoing and the mutual promises of the parties hereto, COUNTY and CAL TRANS agree as follows: 1. Notification of Parties a COUNTY'S Project Manager is Bryan Crump (559) 600-117 4, Email address: bcrump@co.fresno.ca.us b. CAL TRANS' Contract Manager is Nicole Osuna (559) 444-2504 Email address: nicole.osuna@dot.ca.gov c. All notices herein provided to be given, or which may be given, by either party to the other, shall be deemed to have been fully given when made in writing and received by the parties at their respective addresses: Fresno County Probation Department Attention: Bryan Crump, Project Manager 890 S. Tenth Street Fresno, CA 93702 California Department of Transportation District 06/ Maintenance Support Attention: Nicole Osuna, Contract Manager 1352 W. Olive Avenue Fresno, CA 93728 2. Period of Performance County of Fresno Agreement Number 06A2115 Page 4 of 8 Work under this Agreement shall begin on November 1, 2015, contingent upon approval of this Agreement by CAL TRANS, and will terminate on October 31, 2018, unless extended by amendment. 3. Changes in Terms/Amendment This Agreement may only be amended or modified by mutual written agreement of the parties 4. Termination This Agreement may be terminated by either party for any reason by giving written notice to the other party at least thirty (30) days in advance of the effective date of such termination. 5. Cost Limitation This Agreement involves no funds. The intent is strictly for the placement of Participants under CAL TRANS Supervision in exchange for work within COUNTY. 6. Insurance COUNTY shall provide to CAL TRANS proof of Worker's Compensation Insurance or COUNTY self-insurance pursuant to Section 3700 of the Labor Code. A copy of this certificate shall be returned along with the Agreement after the COUNTY'S Governing body approves this Agreement. The final execution of this Agreement will not occur until this information is provided by the COUNTY. 7. Americans with Disabilities Act By signing this Agreement COUNTY assures CAL TRANS that it complies with the applicable provisions of the Americans with Disabilities Act (ADA) of 1990. which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.) 8. Indemnification a. Nothing in the provisions of the Agreement is intended to create duties or obligations to or rights in third parties to this Agreement or affect the legal liability of either party to the Agreement by inputting any standard of care with respect to the maintenance of State highways different from the standard of care imposed by law. b. Neither CAL TRANS nor any officer or employees thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by COUNTY under or in connection with any work, authority or conduct conferred upon COUNTY under this Agreement. It is understood and agreed that. COUNTY shall fully defend, indemnify and save harmless CAL TRANS and all of its officers and employees from all claims, suits or actions of every name, kind and description arising out of this Agreement, including but not limited to any tortuous. contractual, inverse condemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by COUNTY under or in connection with any work, authority or conduct delegated to COUNTY under this Agreement. County of Fresno Agreement Number 06A2115 Page 5 of 8 c. Neither COUNTY nor any officer or employees thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by CAL TRANS under or in connection with any work, authority or conduct conferred upon CAL TRANS under this Agreement. Jt is understood and agreed that, CAL TRANS shall fully defend, indemnify and save harmless COUNTY and all of its officers and employees from all claims, suits or actions of every name, kind and description arising out of this Agreement, including but not limited to. any tortuous, contractual, inverse condemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by CAL TRANS under or in connection with any work, authority or conduct delegated to CAL TRANS under this Agreement . 9. Non -Discrimination a. During the performance of this agreement, COUNTY and its subcontractors shall not unlawfully discriminate, harass or allow harassment, against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, disability(including HIV and AIDS), medical condit ion (cancer), age, marital status, denial of family and medical care leave , and denial of pregnancy disability leave. COUNTY and subcontractors shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discriminat ion and harassment. COUNTY and sub-contractors shall comply with'the provisions of the Fair Employment and Housing Act (Government Code, Section 12900 et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, Section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations are incorporated into this agreement by reference and made a part hereof as if set forth in full. COUNTY and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement . b. COUNTY shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under this Agreement. 10 . Disputes a . Any dispute concerning a question of fact arising under this Agreement that is not disposed of by agreement shall be decided by the CAL TRANS Contract Officer, who may consider any written or verbal evidence submitted by COUNTY. b . Neither the pendency of a dispute nor its consideration by the Contract Officer will excuse COUNTY from full and timely performance in accordance with the terms of the Agreement 11 . Drug-Free Workplace Certification By signing this Agreement, COUNTY hereby certifies under penalty of perjury under the laws of the State of California that COUNTY will comply with the requirements of the Drug-Free Workplace Act of 1990 (Government Code section 8350 et seq.) and will provide a Drug-Free workplace by doing all of the following : a. Publish a statement notifying employees that unlawful manufacture , distribution, dispensation, possession, or use of a controlled substance is prohibited and specify ing actions to be taken against employees for violations, as required by Government Code section 8355(a). b. Establish a Drug-Free Awareness Program as required by Government Code section 8355(b) to infonn employees about all of the following : 1. the dangers of drug abuse in the workplace, County of Fresno Agreement Number 06A2115 Page 6 of 8 2. the person's or organization's policy of maintaining a Drug-Free workplace, 3. any available counseling, rehabilitation, and employee assistance programs, and 4. penalties that may be imposed upon employees for drug abuse violations . c. Provide as required by Government Code section 8355(c), that every employee who works on the proposed contract or grant: 1. will receive a copy of the company's Drug-Free policy statement, and 2. will agree to abide by the terms of the company's statement as a condition of employment on the contract or grant. Failure to comply with these requirements may result in termination of this Agreement and COUNTY may be ineligible for the award of any future state contracts if CAL TRANS determines that any of the following has occurred: (1) COUNTY has made a false certification or, (2) COUNTY violates the certification by failing to carry out the requirements as noted above. 12. Relationship of Parties It is expressly understood that this is an agreement executed by and between two (2) independent governmental entities and that this is not intended to, and shall not be construed to, create the relationship of agent, servant, employee, partnership, joint venture or association, or any other relationship whatsoever other than that of an independent party. County of Fresno Agreement Number 06A2115 Page 8 of 8 APPROVED AS TO LEGAL FORM: Q eU=J~ u Daniel C. Cederborg Title: County Counsel Date: 9 //o //5 APPROVED AS TO ACCOUNTING FORM: Vicki Crow, CPA Title: Aud itor-Controller/T reasu rer-T ax Collector COOPERATIVE AGREEMENT ATTACHMENT A County of Fresno Agreement Number 06A2115 Attachment A Page 1 of 1 POSSIBLE CAL TRANS MAINTENANCE ACTIVITIES THAT COULD BE PERFORMED BY PARTICIPANTS 1. Litter removal (roadside and landscape). 2. Plant natural vegetation on friable cut and fill slopes and any other areas subject to erosion. 3. Slope restoration and reseeding (eroded slopes). Clean culverts and restore ditches (especially top of slope). 4 . Wash and paint signs and guideposts (guardrail, wooden rail) and paint over graffiti 5. Manual weed control, with occasional use of gas powered power weed-eaters . 6. Clean up backside of landscaped areas, i.e., along local streets and frontage roads Clean brush, weeds. remove debris, etc .. from unimproved right of way . 7. Spread mulch. 8. Annual tree planting programs each winter or season . 9. General yard work at maintenance stations. which may require use of a gas powered hand blower. 10. Minor storm damage repair activity. Accident Investigation Report Adult Offender Work Program Participant County of Fresno Agreement Number 06A2115 Attachment B Page 1 of 1 Na me of AOWP Participant: DOB: -------------~ --------S SN: Home Phone: Work Phone: ------------Home Address: ___________ City: ______ Zip Code: ____ _ If regularly employed, name of employer:-------------- Work Address: City: ______ Zip Code: _____ _ Date of Injury: ________ Time ofTnjury: __ : __ Da.m. Dp.m. Time pa1iicipant started work __ : __ Da.m. Op.m. Nature & extent of injury (include specific body part(s)): -------------- How did injury occur?---------------------- Typ e of work being performed at the time of injury: ---------------- Where did the injury occur (address/location)?------------------ Name and address of medical faci lity where participant sought treatment for this injury: Was medical treatment and OJI packet offered ? D yes D no Declined? Dyes D no What steps could be taken to prevent recurrence ?----------------- Name of AOWP Location/Organi zation:-------------------- Add ress : City: Zip Code: -------------~ ------------ J o b Class : 9420 Municipal Manual Labor. If other, please list : ------------ Name of Supervisor (please print): ____________ Phone# _______ _ Supervi so r's Signature :-----------------Date: ______ _ Send to: Fresno County Probation Department AOWP Office Attn: Lauren Martinez 890 S 10111 S treet, Fresno CA 93703 (559) 600-5127 phone (559) 600-1201 fax DATE: TO: SUBMITTED BY: Attachment C October 13, 2015 Board of Supervisors Rick Chavez, Chief Probation Officer County of Fresno Agreement Number 06A2115 Attachment C Page 1 of 2 Board Agenda Item SUBJECT: Agreement with the State of California, Department of Transportation (CAL TRANS) RECOMMENDED ACTION: Authorize Chairman to execute an Agreement with the State of California, Department of Transportation, known as "CAL TRANS," for the Probation Department to assign participants from the Adult Offender Work Program to perform roadside work for CAL TRANS, effective November 1, 2015 through October 31, 2018 ($0). There is no net County cost associated with the recommended action. The renewal of this Agreement allows the Probation Department to continue a work site with CAL TRANS for participants in the Adult Offender Work Program (AOWP). ALTERNATIVE ACTION(s): The Board could decide against authorizing the Agreement, which would result in the Probation Department being unable to utilize CAL TRANS as a daily work site for participants in the AOWP. FISCAL IMPACT: There is no net County cost associated with the recommended action, which will provide a work site that is operational seven days per week for participants in the AOWP. Operating and administrative costs for AOWP are offset by the revenue generated by the program. Participants are charged a $60 screening fee and $1 O per day to be in the program. Appropriations and estimated revenues associated with operating this program are included in the Probation Department's Org 3430 FY 2015-16 Adopted Budget. DISCUSSION: The AOWP places defendants who are sentenced to 90 days in jail or less on work assignments with participating community and governmental agencies in lieu of jail confinement. Deputy Probation Officers are responsible for the evaluation of offenders to determine their suitability for this program, supervising offenders with respect to compliance with programs rules and regulations, and the forwarding of commitment orders to the County Jail when offenders do not comply. Utilizing community service as an alternative to incarceration is less expensive than incarceration and the public at large benefits from the activities performed by the AOWP participants in their volunteer capacity. The Probation Department originally came before your Board to approve an Agreement with CAL TRANS in 2005 to add a weekend work site for AOWP, which was needed due to lengthy wait lists caused by limited existing weekend work sites. Available weekend work sites allow many defendants to not miss week day work and/or school while participating in the program. The Agreement with CAL TRANS was approved by your Board and provided an additional weekend work site for up to twenty AOWP participants per weekend. Subsequent County of Fresno Page1 File Number: 15-1001 File Number: 15-1001 County of Fresno Agreement Number 06A2115 Attachment C ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~---i5Page2of2 like Agreements were approved by your Board in July 2009 and October 2012. The recommended Agreement allows this work site to continue and also provides for an increase in AWOP participants to 25 and expands the operation to 7 days a week. The current Agreement limits participants to a maximum of 20 and operation only on weekends. The participants will be under the direct supervision and control of CAL TRANS. The labor provided by the participants will improve or preserve the appearance or function of the State highways and will include, but may not be limited to, litter pickup, weed removal, and other similar tasks . The Agreement with CAL TRANS differs from the County's model contract in that it contains a mutual indemnification clause. This has the effect of making each party responsible for losses arising from their own negligent acts. This mutual indemnification clause has been deemed by Risk Management to be acceptable for this agreement between two public entities. It also differs by including a disputes clause which states any dispute concerning a question of fact arising under this Agreement that is not disposed of by agreement shall be decided by the CAL TRANS Contract Officer, who may consider any written or verbal evidence submitted by the County. Further, in accordance with the Agreement, the County will be accepting workers' compensation liability for AOWP referrals to CAL TRANS. Risk Management has reviewed this agreement and due to the fact there have been no serious issues arising from the previous agreements, which included this provision, Risk Management believes it is reasonable to continue as in the past. The contract language for Section II, 10 a) through d) states what actions shall be taken by CAL TRANS in the event an AOWP participant is injured to ensure proper reporting of injuries to the County. This language is consistent with previous CAL TRANS agreements approved by your Board. REFERENCE MATERIAL: BAI #28, October 9, 2012 -Agt. No. 12-523 Attachments Included and/or on file : On file with Clerk -Agreement with CAL TRANS CAO Analyst: Samantha Buck County of Fresno Page2 File Number: 15-1001