HomeMy WebLinkAboutCALIFORNIA CONSERVATION CORPS; 2011-06-06; 12-3804-331STATE 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 public 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,
matehals, 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.
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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 of the CCC, as well as meeting the legislatively mandated criteria. The
CCC shall 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 of the CCC.
C. In accordance with Section 14304 of the 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 if the State Office of Emergency Services, Department of Forestry and
other agencies to assist the people of the 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 of the 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.
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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 of the 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 of the 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 of the 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 of the project, including those executed
following completion of the 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.
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L. Subject to provisions herein, all remedies allowed by law are available to either party for
enforcement of this contract. Any waiver of rights by either party or any matter relating to this
contract shall not be deemed to be a waiver on any other matter relating to this contract.
M. If any part of this contract is found to be invalid the remainder of the contract shall continue in
effect.
N. This contract may be modified by mutual written agreement of the parties.
O. This agreement shall remain in effect unless terminated upon sixty (60) days written notice
from either party to the other.
P. No member of, or delegate to, Congress, or Resident Commissioner, shall be admitted to any
share or part of this agreement, or to any benefit that may arise there from; but this provision
shall not be construed to extend this agreement if made with a corporation for its general
benefit. (Applicable only if Sponsor is an agency of the United States Government).
A] SPONSOR INFORMATION
Agreement #:
Sponsor Name: city of Carlsbad
Address: /Z00
City: Carlsbad
Contact Person: j
Agency Code:4000 Index #: 3804
Sponsor Department: Parks
CMLL-AAA \lltU£± Mll/^
County: San Diego State: calif
ty/^ (A/^ree, . ft.
ZIP: Q100&
Phone: (ikQ)^^ -"Zf^(
B] SIGNATURE BLOCK
IN WITNESS WHEREOF, the parties have agreed to the conditions of this Agreement as of the date
shown below.
Print Sign
Sponsor Representative:MM.^M^ ,D^
District Director:Date:
APPROVED AS TO FORM
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CALIFORNIA CONSERVATION CORPS PROJECT EVALUATION
[A] PROJECT DATA
CCC-58
Project/Work Code: R-ll-8038
Center Code: 804 NORTH COUNTY
Location Code:
ARRA Funding: N
Contract:Resource Category: CRC
Project Title: CITY OF CARLSBAD URBAN FOREST THINNING 2011/12
Project Description:
Under the authorization and direction of the City of Carlsbad Park and
Recreation Department, CCC crews will provide Urban Forest maintenance, fire
fuel reduction, trail construction and repair, falling of dead and dying
trees, and removal of dangerous trees that have been marked. This work will be
performed in several designated wooded urban forest areas.
CCC will use hand tools, power tools (ie chipper, hedgers, power weedeater ...
[B] SPONSOR INFORMATION
Agency Code :
40000
Sponsoring Agency:
CITY OF CARLSBAD
City: CARLSBAD
Sponsor Representative
KYLE LANCASTER
State: CA
Technical Supervisor:
MICHAEL BLISS
Address :
1200 CARLSBAD VILLAGE DR
ZIP: 92008-
Title:
PARKS SUgfRINTENDENT
Title:
TREES SUPERVISOR
Phone :
(760) 434-2941
Phone :
(760) 434-2985
[C] EMERGENCY RESPONSE INFORMATION
CDF Incident #
CCC Index #
Request #OES #HQ Ref. #
Corpsmember Overtime Pay Serial #
[D] ESTIMATE INFORMATION [E] WORKSITE INFORMATION
Hours: 6914
Start Date: 06/01/2011
[F] FOR HQ USE ONLY
Directions to Worksite Location:
Within the urban forest of the City of Carlsbad.
Medical services are available through Healthworks.
ZIP: 92008-7314 County Code: 37 County: SAN DIEGO
STEVE KIRSCH 05/18/2011, 7:33an
Received: Logged:
Analyst: Entered:
Verified:
Checked:
Field Operations Database System Ver: 2.8.5 (05/02/2011)
CCC-58 Project/Work Code: R-ll-8038 CITY OF CARLSBAD URBAN FOREST THIN Page: 2
[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 identification.
CCC: The CCC will be doing the following work/learn activities.
Length of time scheduled: 6.00 Hrs.
Corpsmember 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 and
various 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: 2.8.5 (05/02/2011)
CCC-58 Project/Work Code: R-ll-8038 CITY OF CARLSBAD URBAN FOREST Continuation
Project Description: (cont.)
CCC will use hand tools, power tools (ie chipper, hedgers, power weedeaters)
and where appropriate equipment (ie chipper) to accomplish these tasks. Both
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
public 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 for a
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
mission is first training corpsmembers, emergency response, and public safety.
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 other
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.
LEGISLATIVE MANDATE - Public Benefit: (cont.)
greatly increase the chance of lessening the fire danger and opening the
City's trails to hikers.
Field Operations Database System Ver: 2.8.5 (05/02/2011)
STATE OF CALIFORNIA
AGREEMENT ADDENDUM
CCC-96A (REV. WO)P«ge2o(3
CALIFORNIA CONSERVATION CORPS
Frst
Fiscal Year
Display
FROM:
TO:
06/01/11
06/30/11
LABOR
CM Regular Time:
CM Overtime:
Hours
600.00
0.00
Rate/Hr
$ 17.50
$
Performance-Based Labor
Staff BILLABLE Regular Time :
Staff Overtime:
EXPENSES
Equipment (greater than $5,000):
Tools (includes equipment less than $5,000):
Materials:
Vehicle Operations:
Consulting:
Other
First Fiscal Year TOTAL:
Second
Fiscal Year
Display
FROM:
TO:
07/01/11
06/30/12
LABOR
CM Regular Time:
CM Overtime:
Hours
4700.00
0.00
Totals
$ 10,500.00
$
$
$
$
$
$
$
$
$
$
$ 10,500.00
Rate/Hr
$ 17.50
$
Performance-Based Labor
Staff BILLABLE Regular Time :
Staff Overtime:
EXPENSES
Equipment (greater than $5,000):
Tools (includes equipment less than $5,000):
Materials:
Vehicle Operations:
Consulting:
Other
Second Fiscal Year TOTAL:
Thrd
Fiscal Year
Display
FROM:
TO:
LABOR
CM Regular Time:
CM Overtime:
Hours
0.00
0.00
Totals
$ 82,250.00
$
$
$
$
$ 6,250.00
$ 1,000.00
$
$
$
$
$ 89,500.00
Rate/Hr
$ 17.50
$
Performance-Based Labor
Staff BILLABLE Regular Time :
Staff Overtime :
EXPENSES
Equipment (greater than $5,000):
Tools (includes equipment less than $5,000):
Materials:
Vehicle Operations:
Consulting:
Other
Third Fiscal Year TOTAL:
Forth
Fiscal Year
Display
FROM:
TO:
LABOR
CM Regular Time:
CM Overtime:
Hours
0.00
0.00
Totals
$
$
$
$
$
$
$
$
$
$
$
$
Rate/Hr
$ 17.50
$
Performance-Based Labor
Staff BILLABLE Regular Time :
Staff Overtime :
EXPENSES
Equipment (greater than $5,000):
Tools (includes equipment less than $5,000):
Materials:
Vehicle Operations:
Consulting:
Other
Forth Fiscal Year TOTAL:
Totals
$
$
$
$
$
$
$
$
$
$
$
The total amount payable by Sponsor to CCC under this agreement shall not exceed:$ 100,000.00