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Home My WebLink AboutCalifornia Conservation Corps; 2015-07-01;CALIFORNIA CONSERVATION CORPS PROJECT EVALUATION CCC-58 [A] PROJECT DATA. I Center Code: 804 NORTH COUNTY -------------------------------!Location Code: !Project/Work Code: R-16-6749 IARRA: N I Contract: !Resource Category: FHR I Project Title: CITY OF CARLSBAD -URBAN THINNING 15/16 !Project Description: lUnder the authorization and direction of the City of Carlsbad Park and !Recreation Department, CCC crews will provide Urban Forest maintenance, fire lfuel reduction, trail construction and repair, falling of dead and dying ltrees, and removal of dangerous trees that have been marked. This work will be !performed in several designated wooded urban forest areas. I ICCC will use hand tools, power tools (ie chipper, hedgers, power weedeater [B] SPONSOR INFORMATION !Agency Code: I Sponsoring Agency: I Address: I 40000 I CITY OF CARLSBAD I 1200 CARLSBAD VILLAGE DR ICity: CARLSBAD State: CA I ZIP: 92008~ !Sponsor Representative: !Title: !Phone: IKYLE LANCASTER IPARKS SUPRINTENDENT I (760) 434-2941 --------------------------------+-------------------------------+----------------- !Technical Supervisor: !MORGAN ROCKDALE !Title: !Phone: ITREE SUPERVISOR I (760) 434-2985 [C] EMERGENCY RESPONSE INFORMATION ICDF Incident # Request # I OES # HQ Ref. # -------------------------+----------------------------------------------------- CCC Index # I Corpsmember Overtime Pay Serial # [D] ESTIMATE INFORMATION [E] WORKSITE INFORMATION I I I I I Start I I Hours: 5165 Date: 07/01/2015 [F] FOR HQ USE ONLY I Received: !Directions to Worksite Location: !Within the urban forest of the City of Carlsbad. I !Medical services are available through Healthworks. I IZIP: 92008-73141County Code: 371County: SAN DIEGO SARA WEAVER 06/08/2015, 9:31am I Logged: !Verified: ---------------------------+-------------------------+--------------------------- I Analyst: !Entered: I Checked: Field Operations Database System Ver: 2.9.5 (05/04/2015) CCC-58 Project/Work Code: R-16-6749 CITY OF CARLSBAD -URBAN THINNING Page: 2 [G] EDUCATIONAL ACTIVITIES !Sponsor: Educational presentation to increase Corpsmember understanding of 1 I the natural environment. Length of time scheduled: 6.00 Hrs. I ICorpsmember will be given presentations by City staff. I IThe presentations may include fuel reduction, plant and tree identification. 1 I I I I I I I I -------------------------------------------------------------------------1 CCC: The CCC will be doing the following work/learn activities. I Length of time scheduled: 6.00 Hrs. I ICorpsmember will be provided with various learning opportunities, Including 1 lfire prevention, Non native plant control, Each Corpsmember will greatly I !enhance their tool usage. TOols will include power tools tractors, mowers and I !various handtools. 1 I I I I [H] EQUIPMENT, MATERIALS, AND LABOR ITo be supplied by Sponsor: ITech Supervision IFire prevention recommendations !Payment per contract I I I I I I I I ITo be supplied by CCC: I I Labor force I I Workmens comp I I Safety gear I !Chipper when available at $150.00 per II day I I Chainsaws I I Hand tools I I I I I I I I I I I I I I I I I I I I I !Special SPIKE equipment needed by crew: I I I I I I I SPIKE Information (description and location of housing): I I I I I I Field Operations Database System Ver: 2.9.5 (05/04/2015) CCC-58 Project/Work Code: R-16-6749 CITY OF CARLSBAD -URBAN THINNING Page: 3 [I] NARRATIVE ON HOW PROJECT WILL MEET ALL LEGISLATIVELY MANDATED OBJECTIVES (Assign a numerical rating: O=none, 1=low, 2=medium, 3=high) !Conserving, improving, developing natural resources, maintaining I !environmentally important lands or waters. RATING: 3 I IThe project will include the removal of non-native plants and the reduction ofl lfire fuel. I ---------------------------------------------------------------------1 !Providing public benefit or access (Estimated visitor use, increased safety, I !reduced maintenance costs, etc. RATING: 3 I IThe project includes trail maintenance, and fire fuel reduction. This will I !greatly increase the chance of lessening the fire danger and opening t ... I --------------------------------------------------------------------------1 !Providing Corpsmembers with opportunities for training in employable skills I I (e.g. specific tools and use, fire control, carpentry) RATING: 2 I ICorpsmembers will be gaining skills in chainsaw, chipper and various power I ltools. I [J] PROJECT CHECKLIST & SIGNATURE BLOCKS ................................................................................ SIGNING THIS DOCUMENT VERIFIES THAT: A Sponsor Agreement (CCC 96) is on file at Headquarters. If a reimbursable project, a CCC-96A or STD-13 agreement has been • • submitted to Headquarters. • • If the Sponsor is a non-profit entity, a statement of non-profit status • and Private Property/Sponsor Authorization form have been submitted to HQ. • If the Sponsor is a for-profit entity, a Private Property/Sponsor Authorization has been submitted to HQ. The project conforms to CCC's Injury and Illness Prevention Program (IIPP) •Project Coordinator: Printl Sign Date: SARA WEAVER I • --------------------------------------+---------------------------------------------- •Center Director: 1 • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • THE SPONSOR REPRESENTATIVE AGREES TO THE FOLLOWING: • 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 for hazardous materials that are present at the worksite •OR To the best knowledge of the sponsor, the worksite is free of any known hazardous materials. •AND That all applicable local, state, clearances have been obtained. and federal permits, approvals, and •Sponsor Representative: Printl ~ Date: : ~-rHY m~' tf\)r~M., ~T( M6!.~--~~=-----=~---=-----------=(a.:...!..._/l!......:.1..!...:...(l1)_L___ ___ ................................................................................ Field Operations Database System Ver: 2.9.5 (05/04/2015) UL G. EDMONSON Assistant City Attomey City of Carlsbad CCC-58 Project/Work Code: R-16-6749 CITY OF CARLSBAD -URBAN THIN 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 p~rsonnel safety's sake can be done by either the City's or CCC Representatives. I I I I I I I I I 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 defendable Fire Safe Forests. aJ I I The City will call as needed and the CCC will respond to the City's request I with urgency to the maintenance of areas. The City understands that the CCC I mission is first training corpsmembers, emergency response, and public safety. I The CCC will be providing per the contract at the cost of $150 per day the I 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 I may need to rent another chipper. The cost of renting equipment from an I !outside sourse will be billed to the city. I I I !The CCC will make every effort to chip all cut brush on a daily basis, leaving! Jno cut brush on the ground. If there is a malfunction with the chipper, or I Jbrush must be left on the ground, the sponsor will be notified immediatly and I Jany further brush cutting will be suspendid until direction is provided by thel !sponsor. I I I !Any replacement equipment or materials to include bar and chain oil, 2 cycle I Jfuel mix, replacment chain, or replacment parts for chainsaws used on the I !project will only be purchased and billed to the project sponsor with the I !written authorization of the project sponsor. I !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: 2.9.5 (05/04/2015) STATE OF CALIFORNIA AGREEMENT ADDENDUM CCC-96A (REV. 09/1 0) Page 1 of 2 CALIFORNIA CONSERVATION CORPS Agreement# Index# CCC Work Code 3804 R16-6749 (CCC Contract Officer Assigns) (Center Index Code is Four digits) (Center Project Manager Assigns) A] The California Conservation Corps (CCC), agrees to provide crew labor for the project titled: City of Carlsbad-Urban Thinning 15/16 See CCC-58: Project Evaluation Fmrn for details. July 1, 2015 D Check here if multi-year June 30, 2016 C] Sponsor agrees to reimburse the CCC for LABOR Hours Rate/Hr Totals estimated costs in accordance with the Fiscal CM Regular Time: 5165.00 $ 18.50 $ 95,552.50 Summary. (Fiscal Year displays are shown on page 2.) CM Overtime: 0.00 $ -$ - Performance-Based Labor: $ - Staff BILLABLE Regular Time : $ - Staff Overtime : $ - EXPENSES Equipment (greater than $5,000): $ - Tools (includes equipment less than $5,000): $ - NOTE TO SPONSOR: Budget detail will not be Materials: $ - provided on performance based contracts. Vehicle Operations: $ - Consulting: $ - Other: $ 4,447.50 D] The total amount payable by Sponsor to CCC under this agreement 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 lx I Monthly I louarterly I IAt end of contract Sponsor agrees to pay CCC within 50 days from receipt of bilL Negotiated Advanced Payments: I $ Sponsor STATE OF CALIFORNIA Organization: City of Carlsbad-Parks Department California Conservation Corps Date: Date: Signature: -·-Signature: Print I(AI!tV ~of'l i~t"-. . . . ... ~ • : • : • Print: Maria Berumen ... . . . Title: I ~~N\. ~1'T'-f MAJ\1 "'-:·:ritle: Administrative Chief SPONSOR EMAIL ADDRESS -~~ ~ CCC DISTRICT VERIFICATION v· .. ... • • : : : : :Oate: . . . . . . ·-. . . SPONSOR MAILING ADDRESS City of Carlsbad Parks Department 1200 Carlsbad Village Dr Signature: Carlsbad, CA92008 Print: Sara Weaver --~ Title: Conservation Supervisor SPONSOR BILLING ADDRESS: ~ FORWARD PAYMENTS TO: City of Carlsbad Parks Departrnen~ PAS" '"0 fORJf California Conservation Corps 1200 Carlsbad Village Dr ttention: Accounting/Receivables Carlsbad, CA92008 / r-1719 24th Street, Sacramento Sacramento, CA 95816 ,MULG. El )MONf ON Ass1stant City Attomey City of Carlsbad STATE OF CALIFORNIA AGREEMENT ADDENDUM CALIFORNIA CONSERVATION CORPS CCC-96A (REV 09/10) Page 2 of2 First LABOR Hours Rate/Hr Totals Fiscal Year FROM: 07/01/15 CM Regular Time: 5165.00 $ 18.50 $ 95,552.50 Display CM Overtime: 0.00 $ -$ - TO: 06/30/16 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: $ 4,447.50 First Fiscal Year TOTAL: $ 100,000.00 Second LABOR Hours Rate/Hr Totals Fiscal Year FROM: CM Regular Time: 0.00 $ 18.50 $ - Display CM Overtime: 0.00 $ -$ - TO: 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: $ - Third LABOR Hours Rate/Hr Totals Fiscal Year FROM: CM Regular Time: 0.00 $ 18.50 $ - Display CM Overtime: 0.00 $ -$ - TO: 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: $ - Fourth LABOR Hours Rate/Hr Totals Fiscal Year FROM: CM Regular Time: 0.00 $ 18.50 $ - Display CM Overtime: 0.00 $ -$ - TO: 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: $ - The total amount payable by Sponsor to CCC under this agreement shall not exceed: $ 100,000.00 Print Form STATE OF CALIFORNIA-THE NATURAL RESOURCES AGENCY EDMUND G. BROWN, JR., Governor CALIFORNIA CONSERVATION CORPS 1719 241h Street, Sacramento, CA 95816 www.ccc.ca.gov CCC-96 (REV. 01/2014) SPONSOR AGREEMENT (CCC-96) (for Governmental Entity-Local.) This Sponsor Agreement (Agreement) is entered into by the California Conservation Corps (CCC), State of California and Sponsor's Name: ~J"'{ Of ~~ , a State of California Local Public Entity (Sponsor). 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, 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 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 being signed by the parties' representatives. 4. The project paperwork for any project necessarily incorporates into it this Agreement. 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 a 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 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 living accommodation is determined necessary by the parties; h. To conduct an orientation with CCC personnel at the commencement of each project to explain the technical aspects, safety requirements and other relevant information necessary for the CCC to successfully complete the project; i. 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, j. 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 for 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; 2 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 indemnify 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 supervision of the Sponsor while performing the work set forth in this Agreement and/or the project paperwork; c. Insurance: i. 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 California Victims Compensation and Government Claims Board (Government Claims Division, P.O. Box 3034, Sacramento, CA 95812-3035) in accordance with the California Government Code provision 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 may be forward to the California Department of Generals Services, Office of Risk and Insurance Management (hereinafter "ORIM"), 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 CCC of the time limits or procedures provided by law or the filing of claims relating to such motor 3 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 liability. 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(a)(3) 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 requirements. 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 said 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- 4 time. The parties agree that other than delays caused by the CCC's response to an emergency, all other delays by either party shall be excused and costs 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 clause prohibiting discrimination and/or harassment against any person, employee or employee applicant engaged in 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 this 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 perform 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 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; 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. 5 Sponsor Information: Sponsor Name: Sponsor Department: Address: SIGNATURES In Witness Whereof, the parties have agreed to the conditions of this Agreement as of the date shown below. ~Date:Lo.ll'\h CCC Center Director/Re Print Name: Date: FORM 6 Executed Documents To Follow STATE OF CALIFORNIA AGREEMENT ADDENDUM CCC-9M (RIN, 09/ln) P~ 1 of~ CALIFORNIA CONSERVATION CORPS A reement# Index# CCC Work Code 3804 R16-6749 (CCC Conm OIIK;er An!Qns) (Cen1er Index Code 1!1 Fourdi~IIB) !Center Project Manoger fi~!'Jgm) A] ihe Califomia Conservation Corps (CCC), agrees to provide crew labor for the project titled: City of Carlsbad-Urban Thinning 15/16 July 1, 2015 Ocheck here if multi-year June 30, 2016 C] Sponsor agrees to reimburse the CCC for LABOR Hours Rate/Hr Totals estimated costs in accordance with the Fiscal CM Regular Time; 5165.00 $ 18.50 $ 95,552.50 Summary. (Fiscal YmH displays are shown on page 2.) CM Overtime: 0.00 $ . $ - Performance"Based Labor: $ - Staff BILLABLE Regular Time : $ - Staff Overtime : $ - EXPENSES Equipment (greater than $5,000): $ - Tools (includes equipment less than $5,000): $ - NOTE TO SPONSOR; Budget. detail will not be Materials: $ -provided on performance based contracts. Vehicle Operations: $ - Consulting: $ - Other: $ 4,447.50 D] The total amount payable by_ S_Q_onsor to CCC under this agreement shall not exceed: $ 100,000.00 E] The CCC shall forward billing for labor and/or operating expiO!nses with supporting documentation in triplicate to sponsor lx I Monthly I I Quarterly I I At end of contract Sponsor agrees to pay CCC within 50 days from receipt of bilL Negotiated Advanced Pavmentsj $ S onsor SPONSOR MAILING ADDRESS City of Carlsbad Parks Department 1200 Carlsbad Village Or Carlsbad, CA92008 SPONSOR BILLING ADDRESS: City of Carlsbad Parks Departman~B 1200 Carlsbad Village Dr Carlsbad, CA92008 STATE OF CALIFORNIA Date; Si nature: Print: Maria Berumen Title: Administrative Chief CCC DISTRICT VERIFICATION Title: Conservation Su ervisor FORWARD PAYMENTS TO: O FORM California Conservation Corps ~~-r--·Attention; Accounting/Receivables // ___ ,~ 1719 24th Street, Sacramento Sacramento, CA 95816 07/13/2015 12:31PM (GMT-04:00) STATE OF CALIFORNIA AGREEMENT ADDENDUM CCC.Q6A~ O!l/10)1'~·~~f1 '. First Fiscal Year Display .,. ·.··· • .. '• ~' : : ... ' -·~;,:: ·: ,•,•; ·., .. ... ., . ~ .. '.-: ~: Second Fiscal Y1;1ar Disp[ay . ,.,,. '• '· .. ,·. ·,· .. ... '", .. ,•,' Third Fiscal Year Display '.< .. · ! FROM: TO: .. ,, ~ :: . . :· ' ' ~· . .•. "'' ... :.: .. ~ FROM; TO: ·•',• ,", ...... c.·: FROM: TO ""' . ~ " ,, :_. :;_.:.·; .. : .. ,·, .. ... ,., ..... -... •"' __ ,_._ Fourth FROM: Fiscal Year Dispi;;Jy 1.----_"fq:~, ' CAUFORNIA CONSERVATION CORPS LABOR Hours Rate/Hr Totals 07/01/15 CM Regular Time: 5165.00 $ 18.50 $ 95,552.50 CM Overtime: 0.00 $ -$ - 06/30/16 Performance-Based Labor; $ - Staff BILLABLE Regular Time : $ - Staff Overtime : $ - EXPENSES Equipment (greater than $5,000): Tool~> includes equipment less than $5,000): Materials: $ - Vehicle Operations: $ - Consulting: $ - Other: $ 4.447.50 firs~ fiscal Year TOTAL.: $ 100,000.00 :::··,• .. :.'.··,-,, i•::·:··.·" •','•:•''1•"· , ... : ... •'. -~ . ':· .. :.:.. .. ·< ~·:;~-.,, :~ :·);,"• . ·' " ·: 1: . ~.:. " :. !:·~·~ 'J '' ·, '., 1'1.''• .::::>~ ''ii ...... : 1'.:• .. •. ·• i. ·~ : , . ., ... ·,: ··.: .. :,.· : .. ~I. •;:.: ~ ;.":• . , ... .,; . .. .. ~:·, .. . ,\~ :' ,., ~' LABOR. Hours Rate/Hr Totals CM Regular Time: 0.00 $ 18.50 $ - CM Overtime: 0.00 $ -$ - Performance-Based Labor, $ - Staff Bil-LABLE R~gular Time : $ - Staff Overtime : $ -EXPENSES Equipment (greater then $5 000): $ . Tools (Includes equipment less than $5,000); Materials: $ . VElhiclB Operations: $ - Consulting: $ - Other: $ - Second Fiscal Year TOTAL: $ -'·"·< ·:·::·:.'. \ .. · ·, ::·:.' -~: ... ~ " .. ''I> '" •, '"' ,. , ........... ·.'':(: ·~i :::::::: ~;;~~.'.\;:,:., :~ ·~ ~: .,,. -·;,) : ·,·· ·: : .. :, ': ... ... .. . : .. ~ .. :: .. .,:: : " : ~-··' ,: ' ,. ~ ' : .. . "' , ... LABOR I-f ours Rate/Hr Totals CM Regular Time: 0,00 $ 18.50 $ . CM Ove1rtimm: 0.00 $ -$ - Performance-Based Labor: $ . Staff BILLABLE Regular Tim~; : $ - Steff Overtime : $ - EXPENSES Equipment (greater than $5,00Q): $ . Tools Includes equipment less than $5,000): $ - Materials; $ - V13hicle Operations: $ - Consulting: $ - Other: $ . Third Fiscal Year TOTAL: $ - . ·.'.'' ·:::·. ·:· .·······•· .:· .. :. '.:' · ... )/, -,., ., " :.¥ .. ;:···r .. ,,:·.::,;·· . ·':.:<: .·) . .''. J:r;;: '\~ . .. '··· ,..,., .. ·. LABOR Hours R.ate/Hr Totals CM Regular Time: 0.00 $ 18.50 $ - CM Overtime: 0.00 $ -$ " Perfc-rmance-B8s::Jrl L(l.bor: ~ ---~ -----... -· -~--------~-a--· staff BILLABLE Re'"Quliir tTn:;e: $" ------·· -·-·-----· - Staff Overtime : $ - EXPENSES Equipment_(greater than $5,00Q).: $ - Tools includes equipment less than $5 000): $ - Material!;;: $ - Vehicle Operations: Consulting: $ - Other: $ - Forth Fiscal Year TOTAL: $ - ; • .• : :,:>,<, . .·· .. ·:-' ·:. ;:.; . ,.,<,. >•· :. ;:;·· ... :. >~,,· ·: .•. . , • . , . •' :: ,.•.·.·.· -..·.::· .:.J ;,;·> :·· ;·:~' · .. :;,,._· ......... •:. :-..... I.: :~ .: .. : •. : ;· ... : ·. '" .. . ,,•,,','• ". .. .. ..: " · .. The total amount payable by Sponsor to CCC under this aoreement shall not exceed: $ 100,000,00 07/13/2015 12:31PM (GMT-04:00) CALIFORNIA CONSERVATION CORPS PROJBCT EVALUATION CCC-58 [A] PROJECT DATA I Center Code: 804 NORTH COUNTY --------------~I Location Code: !Project/Work Code: R-16-6749 IARRA: N --~---~-------------------------------------------------------1 !Contract: \0-J~Q-lf -3]1f2-!Resource Category: FHR 1 ---------------------~-----------------------------------1 I Project: Title: CITY OF CARLSBAD -URBAN THINNING 15/l6 I --------------------------------------------------------------------------1 !Project Description: I lUnder the authorization and di~ection of the City of Carlsbad Park and 1 )Recreation Department, CCC crews will provide Urban Forest maintenance, fire 1 I fuel reduction, t.r.aU construction and repair, falling of dead and dying 1 I trees, a.nd .reroova,l of dangerous trees that havs been marked. This work will be 1 !performed in several designated wooded urban forest areas. 1 I I !CCC will use hand tools, power tools (ie chipper, hedgers, power weedeater ... 1 [Bl SPONSOR J.NFORMATION !Agency Code: I Sponsoring Agency: I Address: I 40000 I CITY OF CAJ:U.,S.BAD I 1200 CARLSBAD VILLAGE DR !City: CARLSBAD [Sponsor Representativ~: !KYLE LANCASTER State: C~ I ZIP: 92008- [Title: !Phone: [PARKS SUPRINTENDENT I (760) 434-2941 ------------------~-----------+------------------------------+---------------- [Technical Supervisor: !MORGAN ROCKDALE !Title: !Phon~: I THEE SUPERVISOR I (760) 434-2985 [C] EME,RGENCY RESPONSE INFORMATION ICDF Incident # CCC Index # [D] ESTIMATE INFORMATION I I I I !Start I I Hours: 5165 Date: 07/01/2015 !Received~ Request # I OE',S # l-lQ Ref. # Corpsmernber Overtime Pay Serial # [E] WORKSITE INFORM~TION [Directions to Worksite Location: !Within the urban forest of the City of Carlsbad. I IM~dical services are available through Healthworks. I I ZIP: 92008-73141County Code: 37/Coun·ty: SAN DIEGO SARA VmAVER 06/08/2015, 0::Han:t 1 Logged: !Verified: --------------------------+------------------------+--~---------------------- I A-naJ.yst: !Entered: I Checked: Field Oper~tions Database system Ver: 2.9.5 (05/04/2015) 07/13/2015 12:31PM CGMT-04:00) CCC-58 P.roject/Wor.k Code: R-16-6749 CITY OF CARLSBAD -URBAN THINNING Page: 2 [G] EDUCATIONAL ACTIVITIES I Sponsor: Educational presentotion to increase Corpsmember unders·tanding of 1 I th€ natur.al environment. Length of time .scheduled: 6.00 H.rs. 1 ICor.psmember will be given presentations by City staff. 1 !The presentations may include fuel reduction, plant and tree identification. j I I I I I I I I ~~------~--------------------------~----------------------------~----~1 CCC: The CCC will be doing the following work/learn activities. 1 I r .. ength of ·time scheduled: 6. 00 .Hrs. 1 I Corpsmembe:r will be provided with various J.ea.rning opportunities, Including 1 I fire prevention, Non native plant contr.oJ., Each Corpsmember will greatly 1 !enhance their tool usage. TOols will include power tools tractors, mowers and 1 !various handtools. 1 I I I I [ H] EQUIPMENT 1 MI\TER!AJ.,S, AND LABOR ITo be supplied by Sponsor: \Tech Supervision I Fire prevention recommendatj.on.s !Payment per contract I I I I I I I I I I I I I ITo be supplied by CCC: I I Labor force I I Workmens comp I I Sa.fety gear I \Chipper when available at $150.00 per II day I I Chainsaws I I Handtools I I I I I I I I I I I I I I I I !Special SPIKE equipment needed by crew: I I I I I I Field Operations Database System Ver: 2.9.5 (05/04/2015) 07/13/2015 12:31PM (GMT-04:00) CCC-58 Project/Work Code: R-16-6749 CITY OF CARLSBAD -URBAN THINNING l?oge: 3 (I J NARRATIVE ON HOW PROJECT WILL MEET ALL LE',GISJ~ATJ.VEJ.,Y. MANDATED OBJECTIVES (Assign a numerical rZJ.t3.ng: O=none, l=J.ow, 2>=rnedium, 3""high) [Conserving, improving, developing natural resources, maintaining 1 !environmentally important lands or waters, RATING: 3 I !The project will include the removal of non-native plants and the reduction ofl I f:Lre fuel. 1 -------------------------------------------------------------------1 [Providing public benefit or access (Estimated visitor use, increased safety, I I reduced .ma.i.ntenance costs, etc. RATING: 3 I [The project includes trail maintenance, and fire fuel reduction. This will 1 [greatly increase the chance of lessening the fire danger and opening t .. . 1 ------~----~~----~~----------~------------------------------~--1 !Providing Corpsmernbers w.i.tb opportunities for training in employable sk.ills 1 I (e.g. specific tools and use, fire control, carpentry) RATING: 2 1 ICorpsmembers will be gaining skills in chainsaw, chipper and various power I [tools. I [J] PROJECT CHECKLIST & SIGNATURE BLOCKS .................................. i11 •• 6illllll······"································· • SIGNING ttUS DOCUMENT VERIFIES THAT: A Sponso~ Agreement (CCC 96) is on file at Headquarters. If a reimbursable project, a CCC-96A or STD-13 agreemen·t has been submitted to Headquarters. If the Sponsor is·a non-profit entity, a statement of non-profit status and Private PropeJ:ty/Sponsor Authorization form have been submitted to HQ. • If the Sponsor is a for-profit entity, a Priva~~ Property/Sponso~ A.utho:t:i.7..ation hZJs been submitted to HQ. The project conforms to CCC's Injury and Illness Prevention Program (IIPP) • ·Project Coordinator: Print ' Date: SARA WEAVER •center Director; • • ' •.••• ill • • THE SPONSOR REPRESENT TIVE AGREES TO THE F 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 for hazardous materials that •AND are present at the worksite • To the best knowledge of the sponsor, the worksite is free of any known hazardous materials. That all applicable local, state, and federal permits, approvals, and clearances have been obtained. •Sponsor. Representative: Print I ~ -...r, _ l:Jate: :.b.~.illW lJ'l~LNL..~tv\ t11Y fvl&&._~~~\1-=--~~=..---------=u..~t f...:.;\ t~ltS..t...._ __ ill • • • • • • • ,. • • • • • • • • • • • • • • • • • • • • • 1111 • 1111 • ill • a • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • ''"' • • • • • • • • • Field. UL G. EDMONSON Assistant Clty Attorney City of Carlsbad Ver: 2.9.5 (05/04/2015) {l7/1'<:/?{l11; 1?·'<:1PM f~MT-nl•·f\f\\ CCC~58 Project/Work Code; R-16-6749 CITY OF CA.RJ .. SBAD -URBAN THIN Continuation I Project Description: (cant.) 1 ICCC will use hand tools, power tools (ie chipper, hedgers, power weedeaters) 1 I and where appropriate equipmremt ( ie chipper) to acco.mpU.sl1 these tasks. Both 1 I parties agree that the decision not to cut a t.r.~e due to lean, size or fo;r.:-1 Jpe~sonnel safety's sak~ can be done by either the City's or CCC 1 !Representatives-1 I I !It is the intention to complete project by leaving a Orban Forest Area for 1 I pubU.c use and enj oyrn.ent. At no time wU J. the CCC in·tention~ J. clear cut an 1 la~ea. The CCC will clea~ the areas of debris while opening up the canopy for al !defendable Fire Safe Forests. 1 I I I The City wU.J. c:aJ.l as needed and the CCC will respond to the City's requ.est 1 I with. urgency to the maintenance of areas. The City understands that the CCC 1 !mission is first training corpsmembers, emergency response, and public safety. 1 !The CCC will be providing per the cont~act at the cost of $150 pe~ day the 1 [Centers chipper. The City understands the chipper may need to be used at other! ICCC 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 will be billed to the city. I !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 I brush must be left on the ground, th.e sponsor will be notified irnrnedia·Uy and lany further brush cutting will be suspendid until direction is provided by the !sponsor. I !Any replacement equipment or. materials to include bar and chain oil, 2 cycle I fuel mix, .r.epJ.acm.ent chain, or replacment parts fo.r. chainsaws used on the )project will only be purchased and billed to the project sponsor with the !written authorization of the project sponsor. I LEGISLATIVE MANDATE -Public Be.neH t: (cent. ) !greatly increase the chance of lessening the fire danger and opening the !City's trails to hikers. Field Operations Database System Ver: 2.9.5 (05/04/2015) (17/1"<:/')(111=; 1').<!1PM fr'MT-Oio.(\(l\ SrATE OF CALIFORNIA-THE NATURAL RESOURCES AGENCY CALIFORNIA CONSERVATION CORPS 1719 241h Street, Sacr:i'lmento. CA 95816 WIMN..P,cc. ca.gov CCC-QS (REV. 0112014) SPONSOR AGREEMENT (CCC-96) (for Governmental Entity-Local) EDMUND G. BROWN, JR., Govemor This Sponsor Agreement (Agreement) is entered into by the California Conservation Corps (CCC), State of California and Sponsor's Name: ~(r( Of CAP.Lsf!:!-..& California 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, 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 THERl:fORE, in consideratio11 and recognition of th8 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 CCC Form 58 and/or other appropriate forms and documentation where applicable ("the project paperwork"). 1 0711~1?011=; 1?.~1PM f~MT-fii•·OO\ 3. No project work will begin without a CCC Form 58 being signed by the parties' representatives. 4. The project paperwork for any project necessarily incorporates into it this Agreement. 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 a 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 permlts 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 ofthe CCC in the project; g. 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 living accommodation is determined necessary by the parties; h. To conduct an orientation with CCC personnel at the commencement of each project to explain the technical aspects, safety requirements and other relevant information necessary for the CCC to successfully complete the project; i. 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, j. 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 tho date. /~ny such ~ign, plaque or emblern shall be cons1stenl 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 for 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; 2 07/13/2015 12:31PM (GMT-04:00) 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 indemnify 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 supervision of the Sponsor while performing the work set forth in this Agreement and/or the project paperwork; c. Insurance: i. 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 California Victims Compensation and Government Claims Board (Government Claims Division, P.O. Box 3034, Sacramento, CA 95812-3035) in accordance with the California Government Code provision 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 may be torward to the Califom1a Depa.rtrnent of Generals EJervices, Ofiice of Risk and Insurance Management (hereinafter "ORIM"), Claims Unit, 1325 J Street, Suite 1800, Sacramental 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 Cl31ifornia or the CCC of the time limits or procedures provided by law or the filing of claims relating to such motor 3 07/13/2015 12:31PM <GMT-04:00) 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 liability. 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(a)(3) 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 requirements. The CCC is a . state entity subject to the exemption; f. lm!2[ovements 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 said work1 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 1 wind, and other natural and man-caused dis::JstP.r~. 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 ftom time-to- 4 time. The parties agree that other than delays caused by the CCC's response to an emergency, all other delays by either party shall be excused and costs 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 clause prohibiting discrimination and/or harassment against any person, employee or employee applicant engaged in 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; 1. Budget Contingencies: 1. 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 this 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 perform 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 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; 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 notfce from P!thN 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. 5 fl7/1~/?fl11=; 1?·~1PM ft.:MT-flll·flfl\ s onsor Information: Sponsor Name: Sponsor Department: Address: SIGNATURES In Witness Whereof, the parties have agreed to the conditions of this Agreement as of the date shown below. S~onsor Representative Sig!:.,;.;n~at~u;..;..re;;..;;: _______________ ----i P G. EDMONSON ss stant City Attorney ity of Carlsbad 6 h;,tJ.... Date:(Q.) 1 ~l \ Date: