HomeMy WebLinkAboutCalifornia Conservation Corps 2015-11-16jVc (, - /s-6
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STATE OF CALIFORNIA - THE NATURAL RESOURCES AGENCY EDMUND G. BROWN, JR , Govemor
CALIFORNIA CONSERVATION CORPS
1719 241° Street, Sacramento, CA 95818
www ccc.ca cloy
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: col r 'Sr• 1 Icn, -) 4 ILAkiak- , 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 ").
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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;
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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 Califomia 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 Califomia 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
(Govemment Claims Division, P.O. Box 3034, Sacramento, CA
95812 -3035) in accordance with the Califomia Government Code
provision and the other provisions of the law goveming
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, Califomia 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
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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 Califomia 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 Califomia 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 Califomia 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 Califomia 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-
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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 bome 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 Califomia 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.
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Sponsor Information:
Sponsor Name: Sponsor Department:
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Address:
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Contact Person: Phone:
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Email Address:
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SIGNATURES
In Witness Whereof, the parties have agreed to the conditions of this Agreement as of
the date shown below.
Sponsor Representative Signature:
Print Lome:
Date:
G/
CCC Center Director/Region Deputy Signature:
Print Name:
Date:
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