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HomeMy WebLinkAbout2015 CON California Conservation Corps - Flood Channel Clean-upSTATE OF CALIFORNIA AGREEMENT ADDENDUM CCC-96A (REV. 09/10) Page 1 of 2 Agreement # 16 ,- 3 I L -- 14 Li- v P- (CCC Contract Officer Assigns) Index# 3810 (Center Index Code is Four digits) CALIFORNIA CONSERVATION CORPS CCC Work Code R16-6848 (Center Project Manager Assigns) A] The California Conservation Corps (CCC), agrees to provide crew labor for the project titled: City of National City - Flood Control - Channels See CCC-58: Project Evaluation Forrn for details. B] The term of this agreement shall be: Agreement Start Date: Agreement Expiration Date: November 12, 2015 June 30, 2016 Check here if multi -year C] Sponsor agrees to reimburse the CCC for estimated costs in accordance with the Fiscal Summary. (Fiscal Year displays are shown on page 2.) NOTE TO SPONSOR: Budget detail will not be provided on performance based contracts. LABOR Hours Rate/Hr Totals CM Regular Time: 1190.00 $ - $ _ CM Overtime: 0.00 $ - $ _ Performance -Based Labor: $ 19,040.00 Staff BILLABLE Regular Time : $ - Staff Overtime : $ - EXPENSES Equipment (greater than $5,000): $ - Tools (includes equipment less than $5,000): $ - Materials: $ Vehicle Operations: $ Consulting: $ - Other: $ - Dj The total amount payable by Sponsor to CCC under this agreement shall not exceed: $ 19,040.00 E] The CCC shall forward billing for labor and/or operating expenses with supporting documentation in triplicate to sponsor Monthly Quarterly At end of contract Sponsor agrees to pay CCC within 50 days from receipt of bill. Negotiated Advanced Payments: $ X Sponsor Organization: City of National City Date: 11) 1(1l) S Signatur Print: Le S11,2 JDe,43Se, Title: CA SPONSOR EMAIL A� DD SPONSOR MAILING ADDRESS City of National City 1243 National City Blvd National City, Ca 91950 SPONSOR BILLING ADDRESS: City of National City 1243 National City Blvd National City, Ca 91950 STATE OF CALIFORNIA Californionservation Corps Date: 12- i I r2/0.) Signature: Print: is Berumen Title: A nistrative Chief CCC DISTRICT VERIFICATION Date: 1 (lici I is - Signature: Print: ra Weaver Title: Conservation Supervisor FORWARD PAYMENTS TO: California Conservation Corps Attention: Accounting/Receivables 1719 24th Street, Sacramento Sacramento, CA 95816 STATE OF CALIFORNIA AGREEMENT ADDENDUM CCC-96A (REV. 09/10) Page 2 of 2 CALIFORNIA CONSERVATION CORPS First Fiscal Year Display FROM: LABOR Hours Rate/Hr Totals 11/12/15 CM Regular Time: 1190.00 $ - $ - TO: CM Overtime: 0.00 $ - $ - 06/30/16 Performance -Based Labor: $ 19,040.00 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: $ 19,040.00 Second Fiscal Year Display FROM: LABOR Hours Rate/Hr Totals CM Regular Time: 0.00 $ - $ - TO: 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): $ - Materials: Vehicle Operations: $ - Consulting: $ - Other: $ - Second Fiscal Year TOTAL: $ - Third Fiscal Year Display FROM: LABOR Hours Rate/Hr Totals CM Regular Time: 0.00 $ - $ - TO: 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): $ - Materials: $ - Vehicle Operations: $ - Consulting: $ - Other: $ - Third Fiscal Year TOTAL: $ - Fourth Fiscal Year Display FROM: LABOR Hours Rate/Hr Totals CM Regular Time: 0.00 $ - $ - TO: 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): $ - Materials: $ - Vehicle Operations: Consulting: $ - Other: $ - Forth Fiscal Year TOTAL: $ - The total amount payable by Sponsor to CCC under this agreement shall not exceed: $ 19,040.00 CALIFORNIA CONSERVATION CORPS PROJECT EVALUATION CCC-58 [A] PROJECT DATA I Center Code: 810 SAN DIEGO 'Location Code: Project/Work Code: R-16-6848 IARRA: N contract: 10- 3 I 'Resource Category: COS Project Title: CITY OF NATIONAL CITY - FLOOD CONTROL - CHANNELS Project Description: Under Direction of the City of National City staff CCC will remove arrundo and debris from flood channels within the City of National City. Crews will clear watershed channels, and as necessary and remove debris, trees, limbs, brush, and litter. Two sites that will be addressed are 3800 Paradise Valley Road and Warmart-Kimble Way Channels, and other areas if time allows. This is an "As Needed" Contract for labor hour only. County will supp .. [B] SPONSOR INFORMATION 'Agency Code:1 Sponsoring Agency: I Address: I 40000 I CITY OF NATIONAL CITY 11243 NATIONAL CITY BLVD 'City: NATIONAL CITY I State: CA I ZIP: 91950- 'Sponsor Representative: IKUNA MUTHUSAMY (Technical Supervisor: IJOE IBARRA 'Title: (Phone: 'ASSISTANT DIRECTOR OF ENGINEERI(619) 336-4380 + + (Title: (Phone: 'TECHNICAL SUPERVISOR 1(619) 866-2903 [C] EMERGENCY RESPONSE INFORMATION ICDF Incident # - I Request # - I OES # - I HQ Ref. # I CCC Index # I Corpsmember Overtime Pay Serial # [D] ESTIMATE INFORMATION [E] WORKSITE INFORMATION Hours: 1190 Start Date: 11/12/2015 Directions to Worksite Location: Paradise Valley Rd Channel Walmart Channel and Kimble Way ZIP: 91950- 'County Code: 37'County: SAN DIEGO [F] FOR HQ USE ONLY SARA WEAVER 11/12/2015, 11:50am 'Received: I Analyst: I Logged: (Verified: + + 'Entered: I Checked: Field Operations Database System Ver: 2.9.5 (06/17/2015) CCC-58 Project/Work Code: R-16-6848 CITY OF NATIONAL CITY - FLOOD CONT Page: 2 [G] EDUCATIONAL ACTIVITIES Sponsor: Educational presentation to increase Corpsmember understanding of the natural environment. Length of time scheduled: 2.00 Hrs. Impact of work on local watershed, Flow of waterways, erosion and BMPs to management CCC: The CCC will be doing the following work/learn activities. Length of time scheduled: 2.00 Hrs. Non Native plant removal, power tool use and erosion control techniques [H] EQUIPMENT, MATERIALS, AND LABOR To be supplied by Sponsor: Technical supervision flagging of areas if necessary access to work area Dumpsters for debris removal Special SPIKE equipment needed by crew: To be supplied by CCC: supervision of crew transportation safety gear state comp insurance power and hand tools labor SPIKE Information (description and location of housing): Field Operations Database System Ver: 2.9.5 (06/17/2015) CCC-58 Project/Work Code: R-16-6848 CITY OF NATIONAL CITY - FLOOD CONT Page: 3 [I] NARRATIVE ON HOW PROJECT WILL MEET ALL LEGISLATIVELY MANDATED OBJECTIVES (Assign a numerical rating: 0=none, 1=low, 2=medium, 3=high) (Conserving, improving, developing natural resources, maintaining 'environmentally important lands or waters. RATING: 3 'The Channel clearance project involves the maintenance of channels throughout 'the City of National City. !Providing public benefit or access (Estimated visitor use, increased safety, 'reduced maintenance costs, etc. RATING: 3 'Due to flood zones throughout the city, clearence of the channels add to the 'value of the city's public safety programs. 'Providing Corpsmembers with opportunities for training in employable skills I(e.g. specific tools and use, fire control, carpentry) RATING: 3 ICorpsmember will increase their knowledge of power tools and brush 'clearance. Problem solving in difficult tasks. [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: Print! SARA WEAVER • Center Director: Date: II qlL. • • • • • • • • • • • • THE SPONSOR REPRESENTIATIVE AGREES TO THE FOLOWING: • • 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, and federal permits, approvals, and • • clearances have been obtained. • •Sponsor Representative: Print' • • Leslie Deese, City Manager Sign Date: ttl/CC11 • Field Operations Database System Ver: 2.9.5 (06/17/2015) CCC-58 Project/Work Code: R-16-6848 CITY OF NATIONAL CITY - FLOOD Continuation Project Description: (cont.) This is an "As Needed" Contract for labor hour only. County will supply dumpesters for debris removal. CCC will supply hand and power tools. This contract is an estimate for Labor only and only agrees to complete the two sites mentioned above.The CCC will make every effort to complete all projects, in a timely manner. The City of National City understands that the CCC is a youth development program and is required to respond to Natural Disasters and this could delay scheduling of particular projects. Field Operations Database System Ver: 2.9.5 (06/17/2015) Print Form STATE OF CALIFORNIA - THE NATURAL RESOURCES AGENCY EDMUND G. BROWN, JR., Governor CALIFORNIA CONSERVATION CORPS 1719 24th 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: City of National City 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; , a State of 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: City of National City Sponsor Department: Engineering & Public Works Address: 1243 National City Blvd, National City, CA 91950 Contact Person: Kuna Muthusamy, Assistant Director of Engineering/Public Works Phone: 619-336-4383 Email Address: kmuthusamy@nationalcityca.gov SIGNATURES In Witness Whereof, the parties have agreed to the conditions of this Agreement as of the date shown below. Sponsor Representative Signature: Ci Print Name: Leslie Deese, City Manager Date: 11/19/2015 CCC Center Director/Regi • ' 'duty S' nature: Date: %f'03 6 STA1 E OF CALIFORNIA - THE NATURAL RESOURCES AGENCY EDMUND G. BROWN, JR., Governor CALIFORNIA CONSERVATION CORPS Budget Management 1719 24th Street, Sacramento, CA 95816 (916) 341-3115 FAX (877) 478-1403 www.ccc.ca.gov City of National City Attn: Leslie Deese 1243 National City Boulevard National City, CA 91950 December 2, 2015 DEC 0 7 2015 CITY OF NATIONAL CITY CITY MANAGER'S OFFICE Subject: CCC Contract # 16-3810-448R / Project # R16-6848 Dear Leslie Deese: Enclosed for your files is a fully executed copy of the above referenced agreement which was approved 12-1-15. If you have any further questions or need additional information, feel free to contact me at (916) 341-3115. Sincerely, Karen Chesmore Contract Analyst cc: Conservation Supervisor File ( n� California Conservation Corps is a workforce development program that offers young men and women the chance to serve their state and become employable citizens through life skills training and hard work in environmental conservation, fire protection, and emergency services.