HomeMy WebLinkAboutCalifornia Conservation Corps; 2018-11-30;Sl~TE OF-CALIFORNIA
AGREEMENfADDENDUM
CALIFORNIA CONSERVATION CORPS
•CCC-96>. (REV. 12102/2015) Page 1 of 3
Agreement# Index# CCC Work Code
3810 R-18-3810-3340
(CCC Contract Officer Assigns) (Center Index Code is Four digi1s) (Center Project Manager Assigns)
A) The California Conservation Corps (CCC), agrees to provide crew labor for the project titled:
City Of Carlsbad Urban Thinning 18/19
See CCC-58: Project Evaluation Form for details.
BJ The term of this agreement shall be:
Agreement Start Date: September 3, 2018 __ ...,__ __ __:.... __ _ D Check here if multi-year
A reement Expiration Date: June 30, 2019
CJ Sponsor agrees to reimburse the CCC for LABOR Hours Rate/Hr Totals
estimated costs in accordance with the Fiscal CM Regular Time: 4409.09 $ 22.00 $ 96,999.98
Summary. (Fiscal Year displays are shown on page 2 CM Overtime: 0.00 $ -$ -
& 3.) Performance-Based Labor: $ -
Staff BILLABLE Regular Time : $ -
Staff Overtime : $ -
EXPENSES
Equipment (greater than $5,000): $ -
Tools (includes equipment less than $5,000): $ -
Materials: $ -
NOTE TO SPONSOR: Budget detail will not be Vehicle Operations: $ -
provided on performance based contracts. Consulting: $ -
Other: $ 3,000.02
01 The total amount payable by Soonsor to CCC under this aqreement shall not exceed: $ 100,000.00
E) The CCC shall forward billing for labor and/or operating expenses with supporting documentation in triplicate to sponsor IX !Monthly I lauarterly I !At end of contract
Sponsor agrees to pay CCC within 50 davs from receipt of bill. Negotiated Advanced Pavments: I $
S onsor
Or anization: Cit of Carlsbad Parks Department
Date,
Si nature:
Print:
SPONSOR EMAIL ADDRESS
SPONSOR MAILING ADORES
City of Carlsbad Parks Department
1200 Carlsbad Village Dr.
Carlsbad CA 92008
SPONSOR BILLING ADDRESS:
City of Carlsbad Parks Department
1200 Carlsbad Village Dr.
Carlsbad CA 92008
STATE OF CALIFORNIA
California Conse
Date:
Si nature:
Print: Dawne Bortolazzo
Title: Administrative Chief
CCC DISTRICT VERIFICATION
Date:
Si nature: I
Print:
Title: Conservation Su ervisor
FORWARD PAYMENTS TO:
California Conservation Corps
Attention: Accounting/Receivables
1719 24th Street, Sacramento
Sacramento, CA 95816
STA TE OF eALIFORNIA
AGREEMENT AbDENDUM
CCCW.(REV. 0111'10) Page 2 rJ 3
First
Fiscal Year
Display
Second
Fiscal Year
Display
Third
Fiscal Year
Display
Fourth
Fiscal Year
Display
FROM: 09/03/18
TO: 08/30/19
'
FROM:
TO:
,
FROM:
TO:
'
:
FROM:
'TO:
/
r '• .,
CALIFORNIA CONSERVATION CORPS
LABOR Hours Rate/Hr Totals
CM Reaular Time: 4409.09 $ 22.00 $ 96,999.98
CM Overtime: 0.00 $ -$ -
Performance-Based Labor: $ -
Staff BILLABLE Regular Time : $ -
Staff Overtime : $ -
EXPENSES -----Equipment (i:ireater than $5,000): $ -
Tools (Includes equipment less than $5,000): $ -
Materials: $ -
Vehicle Operations: $ -
Consultlni:i: $ -
Other: $ 3,000.02
First Flacal Year TOTAL: $ 100,000.00
LABOR Hours Rate/Hr Totals
CM Regular Time: 0.00 $ 22.00 $ -
CM Overtime: 0.00 $ -$ -
Performance-Based Labor: $ -
Staff BILLABLE Reoular Time : $ -
Staff Overtime : $ -
EXPENSES
Equipment (i:ireater than $5 000): $ -
Tools (Includes equipment less than $5,000): $ -
Materials: $ -
Vehicle Operations: $ -
Consultlni:i: $ -
Other: $ -
Second Fiscal Year TOTAL: $ -..
LABOR Hours Rate/Hr Totals
CM Reaular Time: 0.00 $ 22.00 $ -
CM Overtime: 0.00 $ -$ -
Performance-Based Labor: $ -
Staff BILLABLE Reaular Time : $ -
Staff Overtime : $ -
EXPENSES
Equipment (greater than $5,000): $ -
Tools (Includes equipment less than $5 000): $ -
Materials: $ -
Vehicle Ooerations: $ -
Consulting: $ -
Other: $ -
Third Flecal Year TOTAL: $ -
LABOR Hours Rate/Hr Totals
CM Reaular Time: 0.00 $ 22.00 $ -
CM Overtime: 0.00 $ -$ -
Performance-Based Labor: $ -
Staff BILLABLE Reaular Time : $ -
Staff Overtime : $ -
EXPENSES
Equipment (i:ireater than $5,000): $ -
Tools (Includes eauipment less than $5,000): $ -
Materials: $ -
Vehicle Operations:
Consulting: $ -
' Other. $ -
Forth Flscal Year TOTAL: $ -
. ' . '' '. . ' . "·
The total amount payable by Sponsor to CCC under this aareement shall not exceed: $ 100,000.00
State of California
California Natural Resources Agency
CALIFORNIA CONSERVATION CORPS PROJECT EVALUATION
R-18-3810-3340
City of Carlsbad Urban Thinning 18/19
Project Data
Project Title: City of Carlsbad Urban Thinning 18/19
Center Information: 38 IO -San Diego Center
Contract Information: -
Project Description:
Project Number: R-18-3810-3340
Under the authorization and direction of the City of Carlsbad Park and Recreation Department, the CCC will provide
urban forest maintenance, fire fuel reduction, trail construction/repair, falling of dead and dying trees, removal of
dangerous trees that have been marked, and other various assignments. This work will be performed in several wooded
urban forest areas.
CCC will use hand tools, power tools (IE chipper, chainsaws, hedgers and power weed eaters) to accomplish these
tasks. Both parties agree that the decision not to cut or remove a tree due to size, lean, or for personal safety's sake can
be made by either the Sponsor or the CCC representative. It is the intention to complete the project by leaving a urban
forest environment area for public use and enjoyment. At no time will the CCC intentionally clear cut an area. The
CCC will clear the areas of debris while opening up the canopy for a defensible fire safe urban forest.
The City will call as needed and the CCC will respond to the city's request with urgency to the maintenance of the
areas. The city understands that the CCC's mission is to first train Corpsmembers, emergency response and public
safety.
The CCC will make every effort to chip all cut brush on a daily basis, leaving no cut brush on the ground. If there is a
malfunction with the chipper or brush must be left on the ground, the sponsor will be notified immediately and all
further cutting will be suspended until direction is provided by the city.
The CCC will providing the Centers Chipper at the cost of $200.00 per day. The City understands that this chipper may
be needed on other projects, scheduling of projects may be determined by CCC chipper availability. If the CCC chipper
becomes unavailable due to unavoidable circumstances or damage, all future work may need to be postponed up to 60
days until the centers chipper becomes available, and the CCC may need to temporarily rent a chipper to complete
chipping of already cut brush. If needed, chipper rental will not exceed ten days during the term of the agreement. The
cost to the sponsor will not exceed $200.00 per day for rental. Sponsor will be notified in advance if a rental chipper is
needed.
$3000.02 Operating Expenses written into agreement is for daily cost of chipper, chipper rental, if necessary and any
replacement equipment or materials to include bar and chain oil, two cycle fuel mix, replacement chain, or replacement
parts for chainsaws used on the project may be purchased and billed to the City of Carlsbad.
Sponsor Information
Agency Name: CITY OF CARLSBAD -PARKS AND RECREATION Agency Code: 40008
Mailing Address
1200 Carlsbad Village Dr.
Page 1 of 4
Mailing City
Carlsbad
Mailing State
CA
Mailing ZIP Code
92008
State of California
California Natural Resources Agency
CALIFORNIA CONSERVATION CORPS PROJECT EVALUATION
R-18-3810-3340
City of Carlsbad Urban Thinning 18/19
1200 CARLSBAD VILLAGE DR CARLSBAD CA 92008
Sponsor Contact Information:
Contact type Title First Last name Phone Email address name number
Technical Advisor Inspector I Sean Lyon (760) sean.lyon@carlsbadca.gov 434-2950
!TREE !MORGAN ROCKDALE ~ks morgan.~.gov '"" ..
Estimate Information
Estimated umber of Hours: 4,409 Estimated Start and End Dates: 9/3/18-6/30/19
Work Site Information:
Address City State ZIP code Geolocation latitude Geolocation longitude
Carlsbad CA 92008
Direction to site location Special instructions
Various locations within the City of Carlsbad
Fiscal Summary
Total OE&E Total CM labor amount Total fiscal summary amount
$3,000.02 $96,999.98
Equipment, Materials and Labor
Sponsor Supplied Materials, Equipment and Labor:
$100,000.00
Materials: Fire prevention recommendations, Technical supervison, maps or flagging of work areas if needed, and
payment per contract
Equipment:
Labor:
BY SIGNING THIS DOCUMENT:
The CCC Representative agrees to the following:
• A Sponsor Agreement (CCC 96 or, where applicable, an Inter Agency Agreement or other Master
Agreement) is on file at Headquarters (HQ).
Page 2 of 4
State of California
California Natural Resources Agency
CALIFORNIA CONSERVATION CORPS PROJECT EVALUATION
R-18-3810-3340
City of Carlsbad Urban Thinning 18/19
• If the Sponsor is a non-profit entity, a Private Property/Sponsor Authorization fom1 has been submitted to HQ.
• If the Sponsor is a for-profit entity, a Private Property/Sponsor Authorization form has been submitted to HQ.
• The project conforms to the CCC's Injury and Illness Prevention Program (llPP).
• The signing CCC Representative has the authority to enter into a contractual agreement of this amount with the
Sponsor.
The Sponsor Representative agrees to the following:
• Hazardous Materials
0 If there are hazardous materials present, the Sponsor has provided the location, identity, and amounts
of any hazardous substances at the worksite and provided all Material Safety Data Sheets (MSDS) for
hazards that are present at the worksite.
o OR
0 To the best knowledge of the Sponsor, the worksite is free of any known hazardous materials.
• All applicable local, state, and federal permits, approvals, and clearances have been obtained.
• The Sponsor agrees to reimburse the CCC for estimated costs in accordance with the fiscal details shown in
this document.
• The signing Sponsor Representative has the authority to enter into a contractual agreement of this amount with
the CCC.
Sponsor Representative Approves the Scope of Work of the project:
Print Name: f:.(AJNt:. (1Jk,f:,v{
Title: WJff-®?-A,T ld'A cfA~
Signature: &ktr
D~'J-1 __ .:._/_/•_~ __ 'I_()_' _____ _
Sponsor Representative Approves the Fiscal Details of the project:
Print Name: G.A.tNk. l jJ l<f.:.'[
Ti<lc C/flM ~
Signature. _ _ _
J/-~D•t & Date:
Page 3 of 4
State of California
California Natural Resources Agency
· CALIFORNIA CONSERVATION CORPS PROJECT EVALUATION
R-18-3810-3340
City of Carlsbad Urban Thinning 18/19
ccc Representative:
Print Name: ~~ U,ua},q,y;
Title: {!,.. )IA-/7
~1~ Signature: _L:"~n~~-'-'--""""----------
Date: ' / Jlj/1 I
CCC Representative:
Print Name: ------'5----'-A-'---~----'---"w....L..C...~.C....A_,__V--"-~-"---"------
Title: __ ...:.f2 ......... i .,,,_S1'::..:.i'l..::.._tt___:_: .. r __ D.:;_____;_,_~_'-l__;_~_;IL_____;;; __
Signature:-~~---¥---------
Date: __ -4-1/4=-=.2P-1-U '---"'--f ___ _
Page 4 of 4
STATE OF CALIFORNIA-THE NATURAL RESOURCES AGENCY
CALIFORNIA CONSERVATION CORPS
1719 24'" Street, Sacramento. CA 95816
www.ccc.ca.gov
CCC-96 (REV. 11/2016)
SPONSOR AGREEMENT (CCC-96)
(for Governmental Entity -Local)
EDMUND G. BROWN. JR .. Governor
This Sponsor Agreement (Agreement) is entered into by the California Conservation
Corps (CCC), State of California and
Sponsor's Name: City of Carlsbad
C_alifornia Local Public Entity (Sponsor).
, a State of
WHEREAS, the CCC is statutorily mandated to provide job skills training, educational
opportunities and an increasing awareness of the State's natural resources to young
adults;
WHEREAS, the CCC is authorized to work on projects in rural and urban areas that,
provide a benefit to the public by, among other things, preserving, maintaining and/or
enhancing the lands and water of the State of California, directly contributing to the
conservation of energy and/or assisting in fire prevention and suppression;
WHEREAS, the CCC is authorized pursuant to the California Public Resources Code
Section 14306 to execute contracts for furnishing the services of the CCC to any
federal, state or local public entity, any local or statewide private organizations, and any
person, firm, partnership, or corporation concerned with the objectives of the CCC
program as specified in California Public Resources Code Sections 14000 and 14300;
WHEREAS, the Sponsor can provide opportunities for public service through
meaningful and productive work projects;
WHEREAS, each party to this Agreement is duly authorized to enter into this
Agreement; and
WHEREAS, the parties to this Agreement find and determine that it would be to their
mutual advantage and the public benefit to join together to accomplish the purpose
herein, and coordinate their power, authority and expertise for the CCC to use its
corpsmembers and employees to accomplish projects specified by Sponsor and agreed
to by the CCC;
NOW THEREFORE, in consideration and recognition of the above, the Sponsor and
CCC (collectively referred to herein as "the parties") agree as follows:
A. Documentation of Projects
1. Sponsor shall submit project proposals to the CCC.
2. The CCC shall work with Sponsor to include details of project proposals in a
CCC Form 58 and/or other appropriate forms and documentation where
applicable ("the project paperwork").
1
3. No project work will begin without a CCC Form 58 (or its replacement) being
signed by the parties' representatives.
4. The project paperwork for any project necessarily incorporates into it this
Agreement.
5. Unless otherwise specified in the project paperwork, the parties agree to accept
documents that are digital signed in accordance with Government Code Section
16.5. ' ·
B. Parties Obligations:
1. Sponsor agrees:
a. To pay for all costs, including but not limited to, labor, material and supply
costs negotiated and agreed to by the parties that are directly related to and
necessitated by the project and that are set forth in the project paperwork;
b. To make available to the CCC adequate plans, specifications, materials,
supplies, equipment and/or special labor requirements to complete the .
project as determined and agreed to by the parties as specified in the project
paperwork;
c. To provide adequate technical supervision as determined and agreed to by
the parties;
d. To obtain approvals and permits required by any local, state or federal entity
necessary' to commence working on and/or completing the work identified in
the project paperwork;
e. To the extent any project involves the CCC performing work on private
property, it will obtain and/or has obtained all necessary approvals,
authorizations and/or permits from the owners of said private property before
the CCC begins project work on said property and that the CCC is
authorized to perform the project work on said private property;
f. To the extent any project involves trade unions or labor organizations, to
obtain clearances and/or meet requirements, if any, of trade unions or other
labor organizations occasioned by the participation of the CCC in the project;
g. To the provide project sites that, to the best of the Sponsor's knowledge, are
free of any known hazardous materials, but if there are any known
hazardous materials present, the Sponsor will provide the location, identity,
and amounts of such hazardous materials as well as the Safety Data Sheets
associated therewith;
h. To provide or reimburse the CCC for acceptable temporary living
accommodations for CCC personnel actually engaged in working on a
project If: (1) the project Is located at a site that is more than a one hour drive
from the designated CCC base center, and, (2) provision of such IMng
accommodation is determined necessary by the parties; -
i. To conduct an orientation with CCC personnel at the commencement of
each project to explain the technical aspects, safety requirements and other
relevant information n9G0ssary for the CCC to successfully complete the
project including the Identification of restroom facilities or alternatives
thereto;
j. To work with the CCC to conduct an additional educational or training
presentation at the CCC base center or project site to CCC corpsmembers;
and,
2
,,
k. To explore the possibility of authorizing the CCC to place a sign, plaque or
emblem on the project site that presents the CCC's contribution to the-
project and the date. Any such sign, plaque or emblem shall be consistent in
size and design to its surroundings at the project site.
2. CCC agrees to:
a. Review project proposals submitted by the Sponsor and-work with Sponsor
to prepare project paperwork fo'r those proposed projects that are covered by
the CCC's statutory mandate, consistent with the CCC's organizational
priorities and within the CCC's operational capabilities.
b. Provide CCC personnel, equipment and materials to perform the obligations
specified in the project paperwork. The CCC shall only use personnel who
have received adequate prior training and are sufficiently equipped for and
alerted to the general nature of the hazards inherent in the scope of work;
and,
c. Provide its personnel with Workers' Compensation coverage and benefits
that are administered by the State Compensation Insurance Fund in
accordance with the California Labor Code.
3. The Sponsor and CCC mutually agree to the following:
a. This Agreement is not intended to affect the legal liability of either of
the parties by imposing any standard of care other than the standard
of care imposed by law;
b. Mutual Indemnification:
i. To the extent permitted by law including Article XVI, sections 1
and 6 of the California Constitution, and the California Claims Act,
the CCC agrees to hold harmless and indemnify the Sponsor
against any liability, damage, or loss legally determined to have
occurred as a result of performance or failure to perform under
this Agreement and/or the project paperwork caused by the acts
and/or omissions of any person directly employed by', enrolled in
or under the control or supervision of the CCC while performing
the work set forth in this Agreement and/or the project paperwork.
ii. The Sponsor agrees to hold harmless and indemntfy the CCC
against any liability, damage, or loss legally determined to have
occurred as a result of performance or failure to perform under
· this Agreement and/or the project paperwork caused by the acts
and/or omissions of any person directly employed by or under the
control or s_upervision of the Sponsor while performing the work
set forth in this Agreement and/or the project paperwork;
c. Insurance:
i. The State of Calrfomia has elected to cover its motor vehicle and
general liability exposure through claims procedures instituted in
accordance with the California Government Code provisions and
the other provisions of the law relating to such liability. Pursuant
to those procedures, tort liability claims should be presented as a
government claim to the Government Claims Program, P .0. Box
989052"MS 414, West Sacramento, CA 95798-9052. (Internet
3
link: http://www.dgs.ca.gov/orim/Programs/GovemmentClaims.aspx) in
accordance with the California Government Code and the other
provisions of the law governing submission of such claims. In
addition, unless notified otherwise or on behalf of the CCC, motor
vehicle liability claims should be presented to the Office of
Risk and Insurance Management (ORIM), P.O. Box 989052 MS-
403, West Sacramento, CA 95798-9052, (800) 900-3634,
claims@dgs.ca.gov. If your motor vehicle liability claim is not
resolved within six months from the date of loss, California law
requires you to file a formal claim with the Government Claims
Program, P.O. Box 989052 MS 414, West Sacramento, CA
95798-9052. (see link above). It should be noted, however, that
the willingness of ORIM to receive such motor vehicle liability
claims does not constitute a waiver by the State of California or
the CCC of the time limits or procedures provided by law or the
filing of claims relating to such motor vehicle liability. It also
should be noted that the addresses set forth in this paragraph are
subject to change; any claimant is advised to verify the accuracy
of and currency of the addresses for filing claims, and by setting
forth addresses in this paragraph, neither the State of California
nor the CCC is waiving any time limits or procedures provided by
law for filing claims related to alleged motor vehicle or general
liability or any other alleged.1iability.'
ii. The California Department of Personnel Administration has
entered into a Master Agreement with the State Compensation
• Insurance Fund to administer Workers' Compensation benefits for
State employees and corpsmembers as required by the California
Labor Code:
d. The California Labor Code Section 1720.4(c) specifically exempts the CCC
from paying state prevailing wages to corpsmembers when engaged in
public works projects. The CCC is not subject to the federal prevailing wage
requirements set forth in the Davis-Bacon Act (Title 40 USC 276A et seq.)
when providing labor on federal government contracts. Title 29 of the Code
of Federal Regulations (CFR), Section 5.2(h) specifically provides that a
State is not considered a contractor under statutes providing loans, grants,
or other federal assistance in situations where construction is performed by
its own employees and/or personnel;
e. The California Business and Professions Code, Section 7040 exempts the
State of California from contractor licensing requir~ments. The CCC is a ,
state entity subject to the exemption;
f. Improvements and Land Use:
i. All improvements constructed in whole, or in part by the CCC on lands
owned or controlled by the Sponsor ·shall remain the property of the
Sponsor;
ii. Permission to camp and/or perform work on lands owned or controlled
by Sponsor does not in any way convey to the CCC, its staff or any
person or persons working with the CCC in the performance of sa·id
4
work, employee status that would extend to them the benefits afforded to
permanent employees of Sponsor;
g. Emergency Services and Possible Delays:
i. The CCC is required to provide emergency services if directed by the
Governor of the State of California pursuant to an Executive Order, the
Office of Emergency Services, Department of Forestry and other
agencies charged with responding to emergencies throughout California
arising from fire, flood, wind, and other natural and man-caused
'disasters.
ii. The CCC may be required to temporarily suspend or permanently cease
work on projects due to required emergency response or emergency
conditions. The parties agree that any delay in completing the work by
the CCC due to response to an emergency shall be excused and costs
incurred by the delay shall be the responsibility of the Sponsor,
iii. The resources of the CCC are limited and the public service
conservation work of the CCC may be altered in priority from time-to-
time. The parties agree that other than delays caused by the CCC's
response to an emergency, all other delays by either party:shaU be
excused and cos:ts caused by delays shall be borne by the party
incurring such costs. ,
h. All contracts relating to the construction or operation of a project shall.
contain a dause prohibiting discrimination and/or harassment against any
person, employee or ·employee applicant engaged Jn the project work on the
basis of sex·, race, color, ancestry, religious creed, national origin, physical
disability (including HIV and AIDS), mental disability, medical condition (e.g.,
cancer), age (over 40), marital status, and denial of family care leave;
i. Budget Contingencies:
i. It is mutually agreed that if the Budget Act of the current year and/or any
subsequent years covered under this Agreement does not appropriate
sufficient funds for the program, this Agreement shall be of no further
force and effect. In thi,s event, the State of California and the CCC shall
have no liability to pay any funds whatsoever to Sponsor or to furnish
any other considerations under this Agreement or related project
paperwork and Sponsor shall not be obligated to perf9rm any provisions
of this Agreement or related project paperwork.
ii. If funding for any fiscal year is reduced or deleted by the Budget Act for
purposes of this program, the State of California and the CCC shall have
the option to either cancel this Agreement with no liability occurring to
the State of California or CCC, or offer to an Agreement amendment to
Sponsor reflecting the reduced amount.
j. Subject to the provisions herein, all remedies allowed by law are available to
either party for enforcement of this Agreement. Any waiver of rights by either
1 party or any matter relating to this Agreement shall not be deemed to be a
waiver unless in writing and approved by both parties and -shall not be a
waiver to any other provision or matter relating to this Agreement;
k. If any part of this Agreement is found to be invalid the remainder of the
Agreement shall continue in full force and effect;
5
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I. Neither the CCC nor the Sponsor may assign this Agreement or any interest
therein without the written consent of the other party;
m. No amendment or variation of the terms of this Agreement shall be valid
unless made in writing, signed by the parties and approved as required. No
oral understanding or Agreement not incorporated in the Agreement is
binding on any of the parties;
n. This Agreement is governed by and shall be interpreted in accordance with
the laws of the State of California;
o. This Agreement shall remain in effect unless terminated upon thirty (30) days
written. notice from either party; and
p. Each Party and its respective agents executing this Agreement warrants and
represents that it has the full power and authority to execute, deliver and
perform the obligations under this Agreement and that each Party's
performance hereunder has been duly authorized by all requisite actions on
the part of that Party.
S onsor Information:
Sponsor Name: Sponsor Department:
Address:
Contact Person:
SIGNATURES
In Witness Whereof, the parties have agreed to the condition of this Agreement as of
the date shown below.
Date:
;),7;0 .,3
CCC District Director/Region Deputy Signature:
Date:
6