HomeMy WebLinkAboutContracts & Agreements_167-2011_CCv0001.pdf STATE OF CALIFORNIA
DEPARTMENT OF FORESTRY AND FIRE PROTECTION
CONSERVATION CAMP PROGRAM—MEMORANDUM OF UNDERSTANDING
FC-31 (Rev. 11/10)
MOU# Master Agreement#
This Memorandum of Understanding(MOUis madeprid entered into by and between the California Department of Forestry and
Fire Protection(CAL FIRE)and ity o Redlands I (Sponsor).
WHEREAS,CAL FIRE is authorized 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 FIRE.
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 incurring 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 appropriations
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 FIRE,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.
,
M, Upon completion oxeach project, phase thereof, permission is hereby granted mCAL FIRE m place upon the project
site msign semblem consistent in size and design to its surroundings,indicating the participation of CAL FIRE and the year
thereof.
| 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 tmthe public without the prior written approval uYthe other Sponsor may
be,and CAL FIRE is,subject tothe California Public Records Act. This Section|iunot intended|uprohibit either party from
legally complying with the PRA,
J, Each party,|nthe extent permitted bylaw,agreeshoindemnify and hold harmless the other party,its officers,agents and
employees from all claims,demands,o,liability arising out ufthe indemnifying party's performance under this MOUexoopv
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 KXOUorany interest herein without the written consent mythe other party.
L Subject to the provisionsherein,all remedies allowed by law are available oueither party for enforcement cfthis mOU. Any
waiverof rights by eitherparty onany matter related vnthis M0Ushall not bedeemed»obeawaiver ooany other matter
relating to the MOLI.
M, All provisions ofthis MOVconstitute essential elements mfthe agreed exchange that is the subject matter ofthis MOU,
Accordingly,if any of these provisions are determined to be invalid, illegal,or unenforceable in any materialrespect,the
remainder vfthis MOU is not enforceable against either of the Parties except as may be necessary to effect payment for
services already rendered.
N� This MOUmay bmmodified bymutual written agreement'f the parties,
0. This NK]Utakes effect on January 1,2012 and shall remain ineffect until unless terminated prior tothat
date hy60days written notice from one party tuanother.
}T|SAGREED:
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CAL FIRE SPONSOR City of Redlands
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Date: Date: ov.l, %UlI
By: By:
Print Name: Print Name: Pete Aguilar
Title Title: Mayor
P.O.O B��3005
xud�as Address: ^ ~