|
Agenda Item
ASR
Control 19-001237 |
||
|
MEETING DATE: |
01/14/20 |
|
|
legal entity taking action: |
Board of Supervisors |
|
|
board of supervisors
district(s): |
All Districts |
|
|
SUBMITTING
Agency/Department: |
OC Public Works
(Approved) |
|
|
Department contact
person(s): |
Khalid Bazmi (714) 667-3213 |
|
|
|
Kevin Onuma (714) 647-3939 |
|
Subject: Approve Cooperative Services
Agreement Program and Agreement with Stanton
|
ceo CONCUR |
|
Clerk of the Board |
||||||||
|
Concur |
Approved Agreement(s) and Resolution(s) |
Discussion |
||||||||
|
|
|
3 Votes Board Majority |
||||||||
|
|
|
|
||||||||
|
Budgeted: Yes |
Current Year Cost:
See Financial Impact Section |
Annual Cost:
See Financial Impact Section |
||||||||
|
|
|
|
||||||||
|
Staffing Impact: |
No |
# of Positions:
|
Sole Source:
No |
|||||||
|
Current Fiscal Year Revenue: See Financial Impact Section
|
||||||||||
|
Prior Board Action: N/A
|
||||||||||
RECOMMENDED ACTION(S):
|
1. |
Find that the subject activity is not a project within
the meaning of CEQA Guidelines Section 15378 and is therefore not subject to
review under CEQA. |
|
2. |
Adopt a Resolution authorizing the establishment and implementation of a Cooperative Services Agreement Program to provide municipal services or functions to local agencies pursuant to California Government Code Section 54981 and authorize the Director of OC Public Works or designee to enter into cooperative services agreements with local agencies within the County of Orange pursuant to the terms, conditions and provisions of the Cooperative Services Agreement Program Template with a maximum allowable capacity not-to-exceed $1.5 million per agreement and a maximum period of three years. |
|
3. |
Approve the Cooperative Services Agreement Program template and authorize the Director of OC Public Works to make non-material changes to the documents as necessary, with approval of County Counsel. |
|
|
|
|
4. |
Authorize the Director of OC Public Works or designee to expend County of Orange funds per the Cooperative Services Agreement Program and as appropriations are available to deliver or perform contracted-for municipal services or functions. |
|
|
|
|
5. |
Authorize the Director of OC Public Works or designee to execute Cooperative Services Agreement with the City of Stanton, effective upon execution by both parties, for an initial term of three years and option to extend for one additional year without Board approval, with a total capacity not-to-exceed $300,000. Additionally, OC Public Works requests the Board of Supervisors authorize the Director of OC Public Works to execute minor amendments to the Cooperative Services Agreement, with approval of County Counsel, and to exercise contingency cost increases in an amount not to exceed 15 percent of the annual Cooperative Services Agreement amount per fiscal year. |
SUMMARY:
Establishment of a Cooperative Services Agreement Program will enable OC Public Works to enter into reimbursement agreements with the City of Stanton and other local municipalities and special district agencies to provide them with supplemental support for municipal services or functions.
BACKGROUND INFORMATION:
California Government Code Section 54981 states, "the legislative body of any local agency may contract with any other local agency for the performance by the latter of municipal services or functions within the territory of the former." Establishment of a Cooperative Services Agreement Program (Program) will enable the Director of OC Public Works or designee to enter into reimbursement agreements with local municipalities and special district agencies within the County of Orange (County) and provide them with contracted-for municipal services or functions.
On occasion, OC Public Works has been requested to provide municipal services to support local jurisdictions with cost effective routine maintenance services and/or urgent/emergency response for infrastructure repairs. In situations where there was no declared emergency, routine or urgent and non-declared emergency services could not be provided via mutual aid agreements that only apply to declared emergencies. The ability to respond quickly to these situations will enhance public infrastructure repairs since OC Public Works has a robust ability to respond with County assistance when requested and such services can be provided if cooperative services agreements are in place.
All Program agreements will contain the intended value of services to be performed, which shall not exceed $1.5 million per agreement unless otherwise specifically approved by the Board of Supervisors (Board). All related services and costs stipulated within the agreement's Scope of Services (Services) shall remain in effect for three years or until the value of the agreement has been expended. OC Public Works is requesting delegation of authority to the Director of OC Public Works or designee to execute such cooperative services agreements based on a Board-approved template.
Pursuant to California Public Contract Code Section 22032, which states "public projects of $60,000 or less may be performed by the employees of a public agency by force account, by negotiated contract, or by purchase order" work may be performed by County workforce or County contractors or a combination of the two, depending on available resources at the time the work is requested. All County contract services are procured pursuant to County procurement policies. All County workforce and/or contractors utilized to perform the Services will work under County direction and supervision.
Services made available by this Program will be provided based upon established fees as approved by the Board or rates established following the guidelines of the Auditor-Controller. Costs may be subject to change during the term of the Program, which may include but not be limited to revised prices, rates and/or fees approved by the Board. The intent of this Program is to assist local municipalities and district agencies in obtaining timely and cost-effective delivery of improvements to, and maintenance of, local infrastructure. OC Public Works will also inform the applicable Board office of the intent to implement a Cooperative Services Agreement prior to execution.
OC Public Works is fully accredited by the American Public Works Association and all work will be performed using established best management practices.
OC Public Works requests the Board approve Agreement MA-080-20010760 (Agreement) with the City of Stanton (City) for a period of three years effective upon execution by both parties in an amount not-to-exceed $300,000. Additionally, OC Public Works requests the Board authorize the Director of OC Public Works or designee to execute minor amendments to the Agreement and to exercise contingency cost increases in an amount not to exceed 15 percent of the annual Agreement amount per fiscal year.
Compliance with CEQA: Find that the subject activity is not a project within the meaning of CEQA Guidelines Section 15378 and is therefore not subject to review under CEQA , since it does not have the potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. The approval of this agenda item does not commit the County to a definite course of action in regard to a project. This proposed activity is therefore not subject to CEQA. Any future action connected to this approval that constitutes a project will be reviewed for compliance with CEQA..
FINANCIAL IMPACT:
The initial Recommended Actions are to adopt the Program template agreement only; therefore, no detailed cost information is available at this time. Executed cooperative services agreements pursuant to this action are contingent upon applicable budgetary appropriations and proposed to recover 100 percent of the associated costs of provided services.
Appropriations for the Agreement with the City will be absorbed in the FY 2019-20 Budget for Fund 115: OC Road and will be included in the budgeting process for future years. All costs associated with the Agreement are 100 percent recoverable from the City.
The Program may be terminated by the County, City or special district at any time and without cause after 30 calendar days' written notice to the other party.
STAFFING IMPACT:
No additional staffing associated with the Program is anticipated. Services will be provided with the existing workforce and contracted services as capacity allows.
ATTACHMENT(S):
Attachment A - Resolution
Attachment B - Cooperative Services Agreement Program Template
Attachment C - Agreement MA-080-20010760 with the City of Stanton
Attachment D - Government Code Section 54981
Attachment E - Public Contract Code Section 22032