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HomeMy WebLinkAboutCalifornia Conservation Corp; 2012-03-14; 12-3810-484RSTATE OF CALIFORNIA—NATURAL RESOURCES AGENCY JERRY BROWN, GOVERNOR CCC-96 (REV. 11/98) CALIFORNIA CONSERVATION CORPS CCC District: 1719 24th Street, Sacramento, CA 95816 (916) 341-3112 SPONSOR AGREEMENT (CCC-96) (Public/Governmental Entity) This agreement is made and entered into by and between the California Conservation Corps, State of California, hereinafter referred to as "CCC", and Sponsor's Name: city of Carlsbad hereinafter called "Sponsor:" WHEREAS, the CCC wishes to provide training in job skills and environmental education to young men and women of California through a program which includes projects in pubiic service conservation work, and WHEREAS, the Sponsor can provide opportunities for public service through meaningful and productive work projects, and WHEREAS, the Sponsor shall provide opportunities for public use of project areas, and WHEREAS, the CCC shall generally be engaged in projects which preserve, maintain and enhance environmentally important lands and waters, and WHEREAS, the CCC shall accomplish useful and needed public works projects in both urban and rural areas, and WHEREAS, the CCC may execute contracts for furnishing the services of the Corps to any federal, state, or local agency and any local or statewide private organization concerned with the objectives of the Corps, and WHEREAS, the CCC may be reimbursed by the federal government, any state or local public agency, or any private organization for actual expenses incurred by the Corps for any project. NOW THEREFORE, in consideration of the above, the parties hereto agree as follows: A. The Sponsor shall submit project proposals on a form provided by CCC. By so doing, with reference to any such proposals subsequently approved by the District Director, CCC, Sponsor agrees to: 1. Pay for all negotiated costs directly related to and necessitated by such projects. This may include, but not be limited to, reimbursement for CCC labor at the CCC's current fiscal year rate or at a negotiated rate on such projects. In the event that reimbursement is negotiated, further documentation will be necessary. 2. Demonstrate the availability of adequate plans and specifications, sufficient funds, materials, supplies, and equipment, adequate technical supervision and any special labor requirements to complete such project. 3. Obtain the approvals and permits required by any other state, federal, or local agency necessary to commence construction or operation of such projects. Page 1 of 4 4. Obtain any clearances and meet any other requirements of trade unions or other labor organizations occasioned by the participation of the CCC in such projects. 5. When necessary, provide acceptable temporary living facilities for the duration of any such projects located more than one hour's driving time from a CCC base center for CCC personnel actually engaged in working on such projects. 6. Hold an orientation meeting with CCC personnel at the commencement of such projects to explain the technical aspects, safety considerations, and any other aspects necessary for successful execution of such projects. 7. Present or arrange for an additional educational program or training opportunity at the CCC base center or project site. This presentation may have emphasis on the history of the project site or area, the public benefit to be derived from this or a similar project, the relationship of such projects to resources or wildlife management, or similar subjects. B. The CCC shall select, from proposals submitted by the Sponsor, those projects meeting the priorities and resources ofthe CCC, as well as meeting the legislatively mandated criteria. The CCC shail submit to the sponsor, evaluations setting forth any special requirements or conditions occasioned thereby. By so doing, with reference to any such evaluations subsequently approved by Sponsor, the CCC agrees to provide labor, crew supervision, transportation(if within one hour's driving time by two-wheel drive vehicle from the nearest CCC base center),food and such tools as the CCC Project Coordinator determines to be available. Upon receipt of Sponsor's acceptance of such evaluations, projects will be scheduled in accordance with the priorities and resources ofthe CCC. C. In accordance with Section 14304 ofthe Public Resources Code, CCC projects shall be directed toward providing opportunities to the public for the use of these natural resources and environmentally important public lands and waters, while at the same time providing young men and women with an opportunity for personal development in a variety of basic skills. Projects shall be undertaken in both urban and rural areas shall be selected on the basis of the environmental and natural resource benefits each offers, the opportunities for public use each offers, and the on-the-job training value of each. D. The Sponsor recognizes that the CCC exists under a legislative mandate to act under the direction and control ifthe State Office of Emergency Services, Department of Forestry and other agencies to assist the people ofthe State of California in times of emergencies arising from fire, flood, wind, and other natural or man-caused disasters and emergencies. Projects will be performed within the rules and regulations ofthe CCC, which may require temporary suspension or permanent cessation of projects due to emergency conditions as defined by such rules and regulations. The Sponsor further recognizes that 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 delays by either party shall be excused and costs caused by such delays shall be borne by the party incurring such costs. Sponsors contracting with the CCC for emergency services may be required to reimburse exceptional costs; e.g., overtime. E, Work performed under this agreement will be under the immediate supervision of the CCC officials. The sponsor will provide such supervision, technical assistance, guidance and inspection as it considers necessary to properly complete the work. F. All improvements constructed in whole or in part on lands owned or controlled by Sponsor will remain the property of the Sponsor. Page 2 of 4 G. Permission to camp and 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 said work, employee status that would extend to them the benefits afforded to permanent employees of Sponsor. H. Upon completion of each project, or any phase thereof, permission is hereby granted to the CCC to place upon the project site a sign or emblem, consistent in size and design to its surroundings, indicating the participation ofthe CCC and the year thereof. I. The CCC and Sponsor each agree to indemnify and hold harmless the other, its officers, agents and employees from any and all claims, or demands of liability caused by the indemnifying party during or after completion ofthe project, which is the subject of this agreement. The State of California 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 ofthe law relating to such liability. Pursuant to those procedures, tort liability claims should be submitted to the State Board of Control (headquarters office: 630 K Street, Sacramento, California 95814; government claims division: P.O. Box 3035, Sacramento, California 95812-3035) in accordance with the California Government Code provisions and the other provisions of the law governing submission of such claims. In addition, unless notified otherwise or on behalf of the California Conservation Corps, motor vehicle liability claims may be forwarded to the California Department of General Services, Office of Risk and Insurance Management (hereinafter referred to as AORIM@), Claims Unit, 1325 J Street, Suite 1800, Sacramento, California 95814. 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 California Conservation Corps 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 and currency of addresses for filing claims, and by setting forth addresses in this paragraph, neither the State of California nor the California Conservation Corps 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 liability. 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 as required by the California Labor Code. J. Neither party may assign this contract or any interest therein without the written consent of the other party. K, All contracts relating to the construction or operation ofthe project, including those executed following completion ofthe project, shall contain a clause prohibiting discrimination against any employee or employee applicant engaged in project work or project operation, on the basis of race, religion, sex, color, ancestry, age, physical handicap or national origin. Such clause shall include all aspects of employer-employee and employer-employee applicant relations. Page 3 of 4 C :CC-58 Proiect/Work Code: R-12-6912 CITY OF CARLSBAD URBAN FOREST Continual pT'oject Description: (cont.) CCC will use hand tools, power tools (ie chipper, hedgers, power weedeaters) and where appropriate equipment (ie chipper) to accomplish these tasks. Bo^V- parties agree that the decision not to cut a tree due to lean, size or for personnel safety's sake can be done by either the City's or CCC Representatives. It IS the intention to complete project by leaving a Urban Forest Area for Dublic use and enjoyment. At no time will the CCC intentional clear cut an area. The CCC will clear the areas of debris while opening up the canopy toC defendable Fire Safe Forests. The City will Call as needed and the CCC will respond to the City's request with urgency to the maintenance of areas. The City understands that the CCC massion is first training corpsmembers, emergency response, and public sate-nf The CCC will be providing per the contract at the cost of $150 per day the Centers chipper. The City understands the chipper may need to be used at otKef CCC projects. If the Centers Chipper becomes permanently unavailable the CCC may need to rent another chipper. The cost of renting equipment from an outside sourse may increase the price per day cost to the City. Field Operations Database System Ver: 2.8.8 (02/17/2012) CCC-58 Project/Work Code: R-12-6912 CITY OF CARLSBAD URBAN FOREST THIN Pac [G] EDUCATIONAL ACTIVITIES Sponsor: Educational presentation to increase Corpsmember understanding of the natural environment. Length of time scheduled: 6.00 HRs< Corpsmember will be given presentations by City staff. The presentations may include fuel reduction, plant and tree identificatioI^ CCC: The CCC will be doing the following work/learn activities. Length of time scheduled: 6.0 0 Corpsm.ember will be provided with various learning opportunities, Including fire prevention, Non native plant control. Each Corpsmember will greatly enhance their tool usage. TOols will include power tools tractors, mowers a"^ V a r 1 o u s handtools. :H] EQUIPMENT, MATERIALS, AND LABOR To be supplied by Sponsor: Tech Supervision Fire prevention recommendations Payment per contract To be supplied by CCC: Labor force Workmens comp Safety gear Chipper when available Chainsaws Handtools Skid Steer Stakeside Trailer Special SPIKE equipment needed by crew: SPIKE Information (description and location of housing] Field Operations Database System Ver: 2.8.8 (02/17/2012