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HomeMy WebLinkAboutState of California - Sponsor Agreement 2016STATE OF CALIFORNIA - THE NATURAL RESOURCES AGENCY CALIFORNIA CONSERVATION CORPS 1719 24" Street, Sacramento. CA 95816 www.ccc.ca.00v CCC -96 (REV. 12/2015) 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: City of Gilroy 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, the Sponsor 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 "). 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 the 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 the provide project sites that, to the best of the Sponsor's knowledge, are free of any known hazardous materials, but if there are any known hazardous materials present, the Sponsor will provide the location, identity, and amounts of such hazardous materials as well as the Safety Data Sheets associated therewith; h. 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; i. 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; j. 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, k. 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 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. 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 3 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 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 2 k. I. M n. o. P- 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- 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. 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; 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. 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; If any part of this Agreement is found to be invalid the remainder of the Agreement shall continue in full force and effect; Neither the CCC nor the Sponsor may assign this Agreement or any interest therein without the written consent of the other party; 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; This Agreement is governed by and shall be interpreted in accordance with the laws of the State of California; This Agreement shall remain in effect unless terminated upon thirty (30) days written notice from either party; and Each Party and its respective agents executing this Agreement warrants and represents that it has the full power and authority to execute, deliver and 5 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. Sponsor Information: Sponsor Name: Sponsor Department: City of Gilroy Public Works Dept. /Parks Division Address: 7351 Rosanna Street, Gilroy, California 95020 Contact Person: Phone: Bill Headley (408) 846 -0283 Email Address: Bill.Headley @ci.gilroy.ca.us SIGNATURES In Witness Whereof, the parties have agreed to the condition of this Agreement as of the date shown below. Sponsor Representative Signature: Print Name: Dat Gabriel A. Gonzalez, City Administrator CCC Center Director /Region Deputy Signature: Print Name: Date: 0 STATE OF CALIFORNIA - NATURAL RESOURCES AGENCY CALIFORNIA CONSERVATION CORPS Legal Office 171924 th Street, Sacramento, CA 95816 (916) 341 -3133 / FAX 877 - 882 -0114 To Whom It May Concern: Re: Insurance and Liability Coverage EDMUND G. BROWN, JR., Governor The California Conservation Corps (CCC) is a state entity that is self - insured for tort and property liability and participates in a master agreement with other state and quasi -state entities for vehicle and workers' compensation coverage. The CCC does not purchase professional liability insurance nor does the CCC have the legal authority to name a public or private entity as an "additional insured ". The CCC does not hold harmless, defend or indemnify another public or private entity for claims in which the CCC is determined to not be legally responsible. As a state entity that is self- insured, any tort or property claims that involve the CCC or its employees performing authorized duties are required to be filed in accordance with the procedures set forth in the California Government Code Section 900 et seq. Workers' compensation coverage and benefits are provided and administered by the State Compensation Insurance Fund in accordance with the California Labor Code. Motor vehicle claims are administered by the Department of General Services, Office of Risk and Insurance Management. Based on the above -noted indemnification limitations of the CCC, the CCC Sponsor Agreement (CCC Form 96) includes the following "mutual" indemnification provision: To the extent permitted by law including Article XVI, sections 1 and 6 of the California Constitution, and the California Tort 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 caused by the acts and /or omissions of any person directly employed by or under the control or supervision of the CCC while performing the work set forth in this Agreement. 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 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. The California Conservation Corps engages young men and women in meaningful work, public service and educational activities that assist them in becoming more responsible citizens, while protecting and enhancing California's environment, human resources and communities. Insurance and Liability Coverage Page 2 Basically, this provision provides that the CCC will be responsible for its own defense in actions filed against the CCC and judgments in which the CCC is determined to be legally responsible. Likewise, the Sponsor will be responsible for its own defense in actions filed against the Sponsor and judgments in which the Sponsor is determined to be legally responsible. The CCC has provided millions of hours of service to public and private entities working within the legal parameters noted - above. If you have any questions, please contact the CCC Legal Office at (916) 341 -3133. Revised 08 -10 The California Conservation Corps engages young men and women in meaningful work, public service and educational activities that assist them in becoming more responsible citizens, while protecting and enhancing California's environment, human resources and communities.