Loading...
HomeMy WebLinkAbout4.13 Alternative to Jail Work Program 600--Led CITY OF DUBLIN AGENDA STATEMENT • CITY COUNCIL MEETING DATE: April 13, 1987 SUBJECT Alternative to Jail - Work Program EXHIBITS ATTACHED o Proposed Agreement o Letter dated February 4, 1987 from Alameda County Sheriff' s Department o Resolution No. 90-84 RECOMMENDATION \`' Authorize Mayor to execute Agreement; Direct City Manager to extend Workers ' Compensation Coverage to Program Volunteers pursuant to Resolution No. 90-84. FINANCIAL STATEMENT: City Workers ' Compensation rates may be affected if claims are incurred by volunteers . Cost of supervisor with vehicle is approximately $230 per day. DESCRIPTION MCE Corporation has been involved in overseeing volunteer labor, providing public works services to the City of Orinda. The volunteers are provided through a program which offers an alternative to serving a jail sentence. Alameda County Sheriff ' s Department operate a similar program which is outlined in the letter dated February 4, 1987 . The program supplies adult volunteers to perform general work details for public agencies . The type of work may include litter control, parks maintenance, flood control projects, etc . Approximately 80% of the workers are serving time for drunk driving. The remainder have minor charges and none serve more than 30 days on the program. The model agreement required by Alameda County has been amended to reflect the City of Dublin ' s contractual relationship with MCE Corporation. MCE Corporation, as the City' s maintenance contractor, will supervise the volunteers . This will include instruction on the work to be performed, provision of tools and safety equipment and general record keeping for the program. MCE estimates the personnel cost associated with supervision at $102 . 40 per day. In addition, the City would incur costs of approximately $126. 08 for vehicle costs, handtools, and overhead charges . The total daily cost of the program would he $228. 48. If the City received several volunteers, the value of their efforts are anticipated to well exceed the cost of supervision. MCE has indicated a willingness to adjust the work schedule of the supervisor to avoid additional overtime expenses . The City is also required to extend workers ' compensation coverage to the volunteers . City of Dublin Resolution No. 90-84 authorizes the City Manager to designate volunteers as covered by workers ' compensation coverage. The addition will not immediately affect the the workers ' compensation premium rates. However, one factor in determining rates is past claims history. Therefore, any claims by volunteers may result in higher workers' compensation rates in the future. The letter from the Sheriff ' s Department indicates that no claims have been filed under the program. MCE intends to utilize the volunteer labor for litter pick-up and labor intensive weeding. Depending on the type of work and location, transportation may not be necessary. The City Corporation Yard on Scarlett Court will be utilized as a staging area. Often, the litter pick-up activities can be accomplished by developing a route which starts and ends at this point. MCE has contacted other agencies which participate in this program. They have indicated that most agencies view the program as a success and they had very few problems. Attendance tends to-- range from 80% to 90% of those assigned to a specific location. Staff recommends that the City Council approve of participation in the program and authorize the Mayor to execute the agreement and direct the City Manager to extend workers ' compensation coverage to the volunteers . COPIES TO: Steve Loweree, MCE Corporation ITEM NO. cs ,, A G R E E M E N T' ' '• • • This agreement is made ' and entered .into this day of , 1987, by and between Alameda County Sheriff's Department, hereinafter referred to as "COUNTY/SHERIFF" and the City of Dublin, hereinafter referred to as "CITY" . • WITNESSETH: • WHEREAS, the COUNTY/SHERIFF administers the referral work volunteers' hereafter referred to as Volunteers;' and WHEREAS, CITY provides public works services using contractual services provided by MCE Corporation; and WHEREAS, MCE Corporation personnel act on behalf of the City of Dublin to supervise, schedule' and maintairi i -public worksactivities; and • WHEREAS, references to "CONTRACTOR" in this - agreement -shall refer to MCE .Corporation and/or its personnel acting in their capacity to supervise -public works maintenance activities; and WHEREAS, CITY desires that such Volunteers be placed ' with it for voluntary work under .the direction and control of City and/or Contractor. NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: 1. COUNTY/SHERIFF may place Volunteers with CITY the number . of Volunteers and period of volunteer service to be determined by COUNTY/SHERIFF. 2. On placement of. Volunteers by COUNTY/SHERIFF with CITY the work of the • Volunteers will be under the , direct supervision and control -of City and/or Contractor. _ 3. ' The work to be performed by Volunteers will consist of litter pick-up and d -weed removal on public property and right of way. 4. COUNTY/SHERIFF will not provide ' any security guards and any - employee working with Volunteers will not physically restrain any • such individuals that might leave the work area. The . COUNTY/SHERIFF will be notified on the first Monday after the weekend of, anyone who left the work site without permission. 5. . City and/or Contractor will provide transportation for Volunteers to and from .sites from pick-up points agreeable with the COUNTY/SHERIFF and CITY. 6. Equipment operation will be performed only by qualified ' employees . - 7.. CITY will provide volunteers with safety equipment such as signs, hard hats and red vests. . Page 1 ' • • 8. Contractor employees will provide safety instructions, explain the work to be done and direct the work of the Volunteers. 9. In the event that a claim for industrial injury is filed by a volunteer working under the direction of City/Contractor the. CITY will be responsible for the administration of the claim in the same manner as if the volunteer was a CITY employee. 10. CITY_ shall indemnify, hold-harmless and defend COUNTY/ SHERIFF,. its agents and employees from any and all actions, claims or suits of every name, kind and description, which maibe asserted by any person including any Volunteer- placed by COUNTY/ SHERIFF with CITY arising out of or in connection with the performance of CITY work by any Volunteer - during ,the period of placement with CITY. 11. This agreement shall become effective upon its execution. by all of the parties hereto. This . agreement may be terminated at any time upon mutual consent of the parties. . IN WITNESS WHEREOF the parties hereto have caused this agreement to be executed by their duly authorized -officers, the day and- -yearfirst . above written. CITY OF DUBLIN. By. Linda J. Jeffery, Mayor ATTEST: City Clerk APPROVED AS TO FORM: City. Attorney ALAMEDA COUNTY By Chairman, Board of Supervisors County of Alameda, State of CA APPROVED AS TO FORM: County Counsel Page 2 1 ( unntU of A1 .. nttbtt x?- 11Ertff tt Et ttr # merit • COURTHOUSE, 1225 FALLON STREET;ROOM 103, OAKLAND,CALIFORNIA 94612-4381 Please Reply To: WORK FURLOUGH CENTER 2425 E.12th Street Oakland,California 94601 Phone: 874-5172 3d Charles C. Plummer ' Sheriff February 4, 1987 Mr . Richard Ambrose, City Manager • City of Dublin 6500 Dublin Blvd. Dublin, CA. 94568 Dear Sir : • RE: ALTERNATIVE TO JAIL - WORK PROGRAM The Alameda County Sheriff' s Department "Alternative to Jail - Work Program began it' s operation January 24 , 1983. The program allows certain persons who are committed hoseo weekends be screened for the_program. . P will be assigned to a governmental agency or non-profit tax exempt agency to perform general work details. Those -details may include polic- ing public roadways; maintaining public parks, flood control projects, school yards, controlling pests, etc. These workers may be both male and female with an age range of 18 years to beyond 60 years of age. The inmates will provide their own lunch and work clothes. This program, _is .not to be used to replace hired per- sonnel with free inmate labor. It is only to be used in those job tasks . where no hired person would perform the work anyway. Any agency wishing to utilize the Alternative to Jail - Work Program services will be required to sign a contract with the County of Alameda. A . sample contract copy is attached to this letter . However, when your agency actually decides to contract with the county, I will send four (4) original copies of the contract which will require four ( 4) original sign- atures of the authorizing agent for your agency. The contract is not- to be dated because this is accomplished at the time the Board of Supervisors formally signs the contract. The -contracting agency should be prepared to provide a full time employee to supervise the workers. This employee will not be expected to stop workers from leaving the job site; impose , any disciplinary action; engage in any harsh verbal reprimands, etc. ; but will provide supervision of the work to be performed. _ • • The contracting agency will provide the necessary tools, safety equip- ment and • safety instructions, Workmens compensation will be covered by the contracting agency. A roster of those workers who are to participate on the program each weekend will be provided to your agency several days prior to the sched- uled weekend to be worked. Your supervisor will be expected to note those workers who appeared for the assignment of those who fail to report. Any discrepancies will also be noted on the rosters-. The workers are required to provide their own transportation to and from the job sites. However , a central reporting location is requested. Approximately 80% of the workers will be serving time for drunk driving and the remainder have minor charges. Thirty days is the maximum time that a worker will serve on this program. Since the inception of the program, there have been more than 16,000 workers who have participated. There has been less than forty injuries and only two of these were serious. As of this date, no workmen' s com- pensation claims have been filed by any of the workers. At the present time, there are sixteen public agencies which contract for these workers. Some of these agencies are CAL-TRANS San Leandro Office, Union City, Hayward Area Recreation and Park District and the Pleasanton- Amador Unified School District. These agencies are finding that a tremendous amount of work is being accomplished which would not be done otherwise, due to the limited staff. The number of participating agencies are increasing due to the successes of the program. Feel free to contact me regarding any questions you may have. Sincerely, Charles C. Plummer Sheriff—/ By: W. Howard, Lieutenant Work Furlough Director - 2 f _ P _ - RESOLUTION NO 90- 84 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN PROVIDING WOKERS ' COMPENSATION COVERAGE FOR CERTAIN CITY VOLUNTEERS, PURSUANT TO THE PROVISIONS OF SECTION 3363 .5 OF,.THE LABOR CODE WHEREAS, the City of Dublin finds its best interest will be served by utilizing volunteers in the provision of certain government services; WHEREAS, said volunteers should be eligible for workers ' compensation insurance while on duty; NOW THEREFORE BE IT RESOLVED that, the City Council of the City of Dublin, does resolve as follows: Section 1 . That this Council finds and determines that the public interest is best served by providing workers ' compensation coverage for city volunteer workers as specified by the City Manager . Section 2 . That said volunteers are eligible for workers ' compensation benefits which will be applicable during the time the person actually performs volunteer services. Section 3 . The Mayor shall sign this resolution and the City Clerk shall attest and certify to the passage and adoption thereof. PASSED, APPROVED AND ADOPTED this 27th day of August,1984 . AYES: Councilmembers Jeffery, Moffatt, Vonheeder and Mayor Snyder NOES: None • ABSENT: Councilmember Hegarty ayor ATTEST: • . / y_ 6, City Clerk �1 V -