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HomeMy WebLinkAboutContracts & Agreements_188-2019STATE OF CALIFORNIA DEPARTMENT OF FORESTRY AND FIRE PROTECTION CONSERVATION CAMP PROGRAM — MEMORANDUM OF UNDERSTANDING FC 31 (Rev 11/10) Mou #3CA7H Master Agreement #7CA00195 This Memorandum of Understanding (MOU) is made and entered into by and between the Califomia Department of Forestry and Fire Protection (CAL FIRE) and Ctty of Redlands (Sponsor) WHEREAS, CAL F1RE is authonzed under Public Resources and Penal Codes to utilize inmates or wards assigned to conservation camps to perform the work of CAL FIRE WHEREAS through contracts or cooperative agreement CAL FIRE may permit inmates, or wards to be used in the performance of conservation projects fuels management and or hazard reduction (which could include slash and pile burning) for a public agency (local state or federal) or a qualified nonprofit organization under policies established by the Prison Industries Authority, and WHEREAS, the Sponsor has a need for assistance in performing such projects The parties agree as follows A The Sponsor shall submit project proposals on a form approved by CAL FIRE (currently an FC 32) By doing so with reference to any such proposals subsequently approved by the CAL FIRE, Sponsor agrees to 1 Pay for all costs directly related to and necessitated by such projects except for wages salaries and other remuneration paid to CAL FIRE employees, inmates, or wards, and the cost of their support 2 Demonstrate the availability of adequate plans and specifications sufficient funds materials supplies and equipment adequate technical supervision and any special labor requirements to complete such projects 3 Obtain the approvals, notification, and permits required by any state federal or local agency necessary to commence construction fuels management or operation of such projects 4 Hold an orientation meeting with CAL FIRE at the commencement of such projects to explain the technical aspects, execution of, and need for such projects B From proposals submitted by the Sponsor CAL FIRE shall select those projects meeting the priorities and resources of CAL FIRE CAL FIRE shall submit evaluations to Sponsor that set forth any special requirements or conditions related to the projects By so doing with reference to any such evaluations subsequently approved by Sponsor CAL FIRE agrees to provide labor crew supervision, normal transportation, food, and such tools as CAL FIRE determines to be available Upon receipt of Sponsor's acceptance of such evaluations projects shall be assigned to a conservation camp where they will be scheduled in accordance with the priorities and resources of CAL FERE C Timing 1 Sponsor recognizes that fire suppression and other emergency activities have priority over any other work for conservation camp crews 2 Sponsor further recognizes that the resources of CAL FIRE are limited and the public service conservation work of CAL FIRE may be altered in priority form time to time 3 Projects will be performed within the rules and regulations of CAL FIRE which may require temporary suspension or permanent cessation of projects due to emergency conditions as defined by such rules and regulations 4 The Parties agree that any justified delays by either party shall be excused and costs caused by such delays shall be borne by the party rncumng such costs D Work performed under this MOU will be under the immediate supervision of CAL FIRE officials The Sponsor will provide such operation supervision, technical assistance, guidance, and inspection, as it considers necessary to properly complete the work E Nothing herein shall be construed as obligating the Sponsor to expend or to obligate funds in excess of appropnations authorized by law F All improvements constructed in whole or in part on lands owned or controlled by Sponsor will remain the property of Sponsor G Permission to perform work on lands owned or controlled by Sponsor does not in any way convey to CAL F1RE its staff or any persons working with CAL FIRE in the performance of said work, employee status that would extend to them the benefits afforded to permanent employees of Sponsor H Upon completion of each project, or any phase thereof, permission is hereby granted to CAL FIRE to place upon the project site a sign or emblem consistent in size and design to its surroundings indicating the participation of CAL FIRE and the year thereof I Other than as indicated in Section H, neither party shall use the name of the other party in any form or manner in advertisements nor other information released to the public without the pnor written approval of the other party Sponsor may be, and CAL FIRE is, subject to the California Public Records Act This Section I is not intended to prohibit either party from legally complying with the PRA STATE OF CALIFORNIA DEPARTMENT OF FORESTRY AND FIRE PROTECT[ON CONSERVATION CAMP PROGRAM—MEMORANDUM OF UNDERSTANDING FC 31 (Rev 11/10) 3CA7H PAGE 2 OF 2 J Each party, to the extent permitted by law agrees to indemnify and hold harmless the other party, its officers, agents and employees from all claims demands or liability arising out of the indemnifying party's performance under this MOU except where such injury or damage arose from the sole negligent or intentional acts or omissions of the other party K Neither party may assign this MOU or any interest herein without the written consent of the other party L Subject to the provisions herein all remedies allowed by law are available to either party for enforcement of this MOU Any waiver of rights by either party on any matter related to this MOU shall not be deemed to be a waiver on any other matter relating to the MOU M All provisions of this MOU constitute essential elements of the agreed exchange that is the subject matter of this MOU Accordingly, if any of these provisions are determined to be invalid, illegal, or unenforceable in any material respect the remainder of this MOU is not enforceable against either of the Parties except as may be necessary to effect payment for services already rendered N This MOU may be modified by mutual written agreement of the parties O This MOU takes effect 07/01 and shall remain in effect until June 30'11, 2018 unless terminated prior to that date by 60 days written notice from ane party to the other 1T IS AGREED Date CAL FIRE — Oak Glen Camp #35 By SPONSORr City of Redlands Date l b 1 f 11 / By Print Name Andrew Bennett Print Name Denise Davis Title Oak Glen ChlefTitle Mayor Pro Tem Address 41100 Pine Bench Rd Address PO Box 3005 Yucaipa Ca 92399 Redlands, CA ATTEST. Jeanne Donaldson, City Clerk STATE OF CALIFORNIA DEPARTMENT OF FORESTRY AND FIRE PROTECTION CONSERVATION CAMP PROGRAM PROJECT REQUEST AND RECORD FC 32 (REV 11/10) PAGE 1 OF 3 MOU # 3CATH CALFIRE USE ONLY PROJECT NAME DATE 07/01 FC 79 CODING CAL FIRE USE r ku J CALIFORNIA DEPARTMENT OF FORESTRY AND FIRE PROTECTION NAME CAL Fire — Oak Glen Conservation Camp #35 ADDRESS 41100 Pine Bench Rd CITY STATE Yucaipa, CA 92399 PHONE 909-797-5418 FAX 909-797-8568 SPONSORING AGENCY SPONSORING AGENCY NAME City of Redlands ADDRESS PO Box 3005 CITY STATE Redlands, CA PHONE 909-798 7655 FAX 909-798-7697 EMAIL ereeves@cityofredlands org COMMENTS Project Managers Erik Reeves, 909-747-5624, ereeves@cityofredlands org Shawn McIntosh, 909-542-5516, smcintosh@cityofredlands org CDCRIDJJ CHECKLIST CUSTODIAL QUARTERLY REVIEW INITIAL INSPECTION SECURITY FORM PREPARED SUPERVISION LEVEL 1 2 3 SECOND QUARTER THIRD QUARTER FOURTH QUARTER CAL FIRE -CHECKLIST CAL FIRE USE ONLY INITIAL INSPECTION PROJECT NUMBER 3CA7H UUPP 2 JOB HAZARD ANALYSIS 11PP 3 CODE OF SAFE PRACTICES IIPP 4 JOB SAFETY SURVEY IIPP 6 EMPLOYEE TRAINING CEQA/NEPA COMPLETED FC 31 ATTACHED AND SIGNED SLASH & PILE BURNING PROCEDURES PROPERTY OWNER PRIVATE PROPERTY? NON PROFIT ORGANIZATION FORM CAL FIRE 719 ❑ YES ® NO ❑ YES A' NO ❑ YES i1 NO PROPERTY OWNER City of Redlands ADDRESS PO Box 3005 CITY/STATE/ZIP Redlands CA 92373 PHONE 909-798-7655 EMAIL ereeves@cityofredlands org WEBSITE www cityofredlands org DESCRIPTION OF PROJECT (Type of work to be performed, attached additional sheets if necessary) Remove vegetation from City parks and City streets Prune, cut and dispose of all non-native plants Replace and construct dirt trails on City property inside parks Community service work within City Parks STATE OF CALIFORNIA DEPARTMENT OF FORESTRY AND FIRE PROTECTION CONSERVATION CAMP PROGRAM PROJECT REQUEST AND RECORD FC 32 (REV 10/11) 3CA7H PAGE 2 OF 3 PERIOD WORK CAN BE PERFORMED Monday through Saturday barn -spm REQUESTED START DATE AS NEEDED ESTIMATED CREW DAYS OPEN REQUESTED FINISH DATE June 30°i 2018 PLANS ATTACHED ❑ YES ® NO PROJECT NAME SPONSOR S PRIORITY NORMAL PROJECT LOCATION TBD GPS COORDINATES TBD PROJECT BENEFIT ASSESSMENT (Estimate the benefits of the project including such items as, fire defense, public safety, watershed, recreation, wildlife habitat, property, vegetation, soil, water, air surface configuration, wildlife, people, economic benefits that include, reduced maintenance costs, reduced suppression costs, reduced damage, elimination of hazards, etc attach additional sheets as necessary) Economic benefit for the City that includes reduced maintenance costs Soil and water protection from removal of unwanted vegetation Public safety by reducting hazard tree growth Increase resident's access to as well as use and appreciation of City's natural resources PROJECT SLASH & PILE BURNING PROCEDURES ❑ YES El YES ❑ YES ❑ YES ❑ YES ❑ YES ® NO Predicted Fire Weather Watches or Warnings Z NO Hazard Reduction Pile Burning Checklist (8100) ® NO Sponsor has a valid burn permit on site ® NO All slash & piles will be consumed or extinguished prior to crew leaving project site ® NO Sponsor will provide suppression control capabilities and supervision of all slash & pile burning that continues beyond crew work day ® NO Notification to agency with fire suppression responsibility for the project burn site 4 STATE OF CALIFORNIA DEPARTMENT OF FORESTRY AND FIRE PROTECTION CONSERVATION CAMP PROGRAM PROJECT REQUEST AND RECORD FC -32 (REV 10/11) 3CA7H PAGE 3 OF 3 CAL FIRE USE ONLY PROJECT SPONSOR RESPONSIBILITIES DESCRIPTION ESTIMATED DURATION OF NEED MATERIALS AND SUPPLIES DATE UNIT CHIEF SPECIAL TOOLS VEHICLE OPERATIONS TECHNICAL SUPERVISION AND LABOR OTHER (DESCRIBE) Secure Restroom Portable restroom & wash station Any day crews are on site Total $200/day (plus current F/Y administrative fee) (TENTATIVE FY17 Fee = 14.20%) OPERATIONAL COST RECOVERY FROM SPONSOR CAL FIRE USE ONLY Approved For Final Planning and Scheduling CAL FIRE DIVISION CHIEF DATE CDCR CAMP COMMANDER DATE UNIT CHIEF DATE Total $200/day (plus current F/Y administrative fee) (TENTATIVE FY17 Fee = 14.20%) $ 28 40 $ 228 40 CAL FIRE USE ONLY Approved For Final Planning and Scheduling CAL FIRE DIVISION CHIEF DATE CDCR CAMP COMMANDER DATE UNIT CHIEF DATE Sponsors Signature NAME (PRINT) Denise Davis SIGNATURE DATE TITLE Mayor Pro Tem