Agenda Item   

AGENDA STAFF REPORT

 

                                                                                                                        ASR Control  16-000875

 

MEETING DATE:

09/13/16

legal entity taking action:

Board of Supervisors and Orange County Flood Control District

board of supervisors district(s):

All Districts

SUBMITTING Agency/Department:

OC Public Works   (Approved)

Department contact person(s):

Shane Silsby (714) 667-9700 

 

 

Amanda Carr (714) 955-0601

 

 

Subject:  Cooperative Agreement with Orange County Conservation Corps

 

      ceo CONCUR

County Counsel Review

Clerk of the Board

Concur

Approved Agreement to Form

Discussion

 

 

3 Votes Board Majority

 

 

 

    Budgeted: Yes

Current Year Cost: $500,000

Annual Cost: FY 2017-18 $500,000
FY 2018-19 $500,000
FY 2019-20 $500,000
FY 2020-21 $500,000

 

 

 

    Staffing Impact:

No

# of Positions:

Sole Source: No

    Current Fiscal Year Revenue: N/A

  Funding Source: Flood Fund 400: 100%

County Audit in last 3 years: No

 

 

    Prior Board Action: 10/28/2014 #28, 8/25/2009 #36, 9/11/2007 #48, 8/24/2004 #26

 

RECOMMENDED ACTION(S):

 

Execute the Cooperative Agreement with Orange County Conservation Corps, effective upon Board of Supervisor approval through September 21, 2021, in an amount not-to-exceed $2,500,000.

 

 

 

SUMMARY:

 

Approval of the Cooperative Agreement with Orange County Conservation Corps will support OC Public Works efforts to provide habitat and species protection and coastal habitat and beach restoration.

 

 

BACKGROUND INFORMATION:

 

Orange County Conservation Corps (OCCC) is a non-profit organization and is also a subsidiary of and certified by the, California Conservation Corp as a Local Community Conservation Corps per California Public Resources Code 14507.5. See Attachments B and C for reference. The OCCC serves young adults who need support in the transition from adolescence to adult employability by providing projects that benefit the community while instilling a work ethic and a sense of public service. In many cases, OCCC provides the first paid work experience for Orange County's young adults. Sometimes called the "Second Chance at Success," the OCCC is for some, a last chance to avoid gangs, stay free of drug abuse, avert incarceration and ultimately help to ensure a positive life as working, productive members of the community.

 

OC Public Works, as a sponsor, proposes to partner with OCCC to provide youth members training in job skills by assigning projects related to public service conservation work for the preparation and maintenance of compensatory mitigation sites for flood and road capital improvement projects in addition to other activities related to habitat conservation provided by OC Public Works. The nature of mitigation and habitat conservation also provides the youth member's valuable environmental education by working with and in Orange County’s extensive and valuable natural resources.  The OCCC will provide the County of Orange and the Orange County Flood Control District with work crews to perform general labor activities in support of habitat conservation and the establishment and maintenance of mitigation sites, including:  removal of invasive weeds and overgrown vegetation; clearing of soil and debris to prepare a site for native planting; planting native vegetation; hand-watering to help establish native vegetation; general maintenance of mitigation sites such as removal of trash and debris and provide weed abatement which could include herbicide application. 

 

OC Public Works explored other staffing and private contracting options, but found the Agreement with OCCC to be a cost-effective method of performing the aforementioned unskilled labor. Furthermore, per California Labor Code 1720.4 (Attachment D), OCCC is exempt from the prevailing wage payment requirement for the labor provided to OC Public Works due to OCCC being a Community Conservation Corps certified by the California Conservation Corps pursuant to Section 14507.5 of the Public Resources Code and a 501(c)(3) Public Benefit Corporation.  Costs associated with the Cooperative Agreement include supervision, local transportation of crews, heavy equipment, access to a habitat restoration specialist and overtime, if needed.  OC Public Works recommends execution of the Cooperative Agreement with OCCC, with an annual cost of $500,000 per year, for a five-year period and a cumulative total of $2.5 million.

 

OC Public Works and OC Parks have successfully contracted with OCCC under previous agreements for similar types of maintenance and labor activities for over 18 years.  On October 28, 2014, the Board approved a five-year contract with OCCC to provide work crews to support OC Public Works' Operations & Maintenance Department.  General labor responsibilities included clearing of invasive vegetation species, habitat restoration, preparing and placing sandbags, erosion control, storm preparation/fighting, debris removal, overgrown vegetation removal, weed abatement, and herbicide application.  Prior Board approvals of contracts with OCCC for the same labor support date back to 1998, with the most current approval dates being August 25, 2009, and September 11, 2007.  On January 28, 2014, the Board approved a four-year contract with OCCC to provide work crews to support OC Parks with the same type of labor as for OC Operations & Maintenance, plus trail maintenance and restoration.

 

Compliance with CEQA: This project is a necessarily included element of the project considered in Final Mitigated Negative Declaration No. IP 11-444, for the Countywide Long-Term Routine Maintenance Manual, previously adopted by the Board on May 21, 2013, which adequately addressed the effects of the proposed project. No substantial changes have been made in the project, no substantial changes have occurred in the circumstances under which the project is being undertaken and no new information of substantial importance to the project which was not known or could not have been known when the Final Mitigated Negative Declaration No. IP 11-444 was approved has become known; therefore no further environmental review is required.

 

 

 

FINANCIAL IMPACT:

 

Appropriations and revenue for this Agreement are included in the FY 2016-17 Adopted Budget for OC Flood Fund 400 and will be included in the budgeting process for future years.

 

The Agreement includes a provision stating the Agreement is subject to and contingent upon applicable budgetary appropriations being approved by the Board for each fiscal year during the term of this Agreement. If such appropriations are not approved, this Agreement may be immediately terminated without penalty to the County.

 

 

STAFFING IMPACT:

 

N/A

 

 

 

ATTACHMENT(S):

 

Attachment A - Cooperative Agreement MA-080-17010207
Attachment B - California Public Resources Code 14507.5
Attachment C - Letter of Certification from California Conservation Corps
Attachment D - California Labor Code 1720