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HomeMy WebLinkAboutAgreement A-15-098 with CA Dept. of Forestry and Fire Protection.pdfSTATE OF CALIFORNIA DEPARTMENT OF FORESTRY AND FIRE PROTECTION CONSERVATION CAMP PROGRAM -MEMORANDUM OF UNDERSTANDING FC-31 (Rev.11/10) MOU #Master Agreement # AGREEMENT NO.15-098 ThisMemorandumof Understanding (MOU)is made and entered intobyand between the California Departmentof Forestryand FireProtection (CAL FIRE)and The CountyofFresno (Sponsor). WHEREAS, CALFIRE is authorized under Public Resources and Penal Codes to utilize inmates,or wards,assigned to conservation camps to perform the work of CALFIRE; WHEREAS,throughcontracts orcooperativeagreement CAL FIRE may permitinmates, orwards to be used inthe performance of conservation projects,fuelsmanagementand orhazard reduction (which couldincludeslash and pile burning)for a public agency (local,state, or federal)ora qualified nonprofit organization under policies established by the Prison Industries Authority;and WHEREAS,the Sponsor has a need for assistance in performingsuch projects, The parties agree as follows: A.TheSponsorshall submit projectproposalsona 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 $225.38 perdaytocovercosts directly related toand necessitated bysuch projects,exceptfor wages, salaries,and other remuneration paidto CAL FIRE employees,inmates,orwards, and the cost oftheir support. Costperday includes a 12.69 percent administrative feethatis calculated annually by CAL FIRE andcostper day will be adjusted only as needed to reflect annual changes in the administrative fee and will not exceed $250 per day. 2.Demonstrate the availability ofadequateplansand specifications,sufficient funds,materials,supplies,and equipment,adequate technical supervision andany special labor requirements to complete such projects. 3.Obtain the approvals,notification,and permits required byanystate, federal,or localagency necessary to commence construction, fuels management, or operationofsuch projects. 4.Hold an orientation meeting with CAL FIRE atthe commencement ofsuch projects to explain the technical aspects,execution of,and need for such projects. B.From proposals submitted bythe Sponsor,CAL FIRE shall selectthose projects meeting the priorities and resources of CALFIRE. CALFIREshall submit evaluations to Sponsor that set forth any special requirements or conditions related tothe projects.By so doing,with reference to any such evaluations subsequently approved by Sponsor,CAL FIRE agreesto provide labor,crew,supervision,normal transportation,food,and such tools as CAL FIRE determines tobe available.Upon receipt of Sponsor's acceptanceofsuch evaluations,projects shall be assigned toa conservation campwhere they will be scheduled in accordance with the priorities and resources of CAL FIRE. C. Timing 1.Sponsor recognizes that fire suppression andother emergency activities have priority overanyother work for conservation camp crews. 2.Sponsor further recognizes thatthe resources of CAL FIRE are limited and the public service conservation work of CALFIRE may be altered in priorityform time to time. 3.Projects will be performed within the rulesand regulations of CAL FIRE which mayrequire temporary suspension or permanent cessation of projects dueto emergency conditions as defined by such rules and regulations. 4. The Parties agreethatany justified delays by either party shall beexcusedandcostscaused bysuch delays shall be borne by the party incurring such costs. D. Workperformedunder this MOU will be under the immediate supervision of CAL FIRE officials.The Sponsor will providesuch operation supervision, technical assistance,guidance,and inspection,as it considers necessary to properly complete the work E.Nothing hereinshall be construed as obligating the Sponsor to expend or toobligatefunds in excess of appropriations authorized by law. F.All improvements constructed inwhole or in part on lands owned or controlled by Sponsor will remain the property of Sponsor. G. Permissionto perform work on lands ownedor controlled bySponsor does notinanywayconveyto CAL FIRE,its staffor any persons working with CAL FIRE inthe performance ofsaid work,employee status that wouldextend 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 FIREto place upon the projectsite a signor emblemconsistent insize and design to itssurroundings,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 prior written approval of the other party. Sponsor maybe, and CAL FIRE is,subject tothe California Public Records Act.ThisSection I is notintendedto prohibiteither party from legally complying with the PRA. J. Each party,to the extent permitted bylaw,agrees to indemnify and holdharmless the other party, itsofficers,agents and employees fromallclaims,demands,or liability arising out ofthe indemnifying party's performance under this MOU except where such injury or damage arose from the sole negligent or intentionalacts or omissions ofthe other party. K.Neitherparty may assign this MOU or any interest herein withoutthe writtenconsent ofthe other party. L.Subjecttothe provisions herein, allremedies allowed bylaware availabletoeither partyforenforcementofthis MOU.Any waiverofrightsbyeither partyon any matterrelated to this MOU shall notbe deemed to be a waiveron any other matter relating to the MOU. M.All provisions ofthis MOU constituteessential elements ofthe agreed exchange that isthe subject matterofthis MOU.Accordingly,ifany ofthese provisions are determinedto be invalid,illegal,or unenforceableinany material respect,the remainder ofthis 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. 0. This MOU takes effectuponthe last partyexecutingand shallremainineffect until 6/30/2018 unless terminated priorto that date by60 days writtennotice fromone party to the other. IT IS AGREED CAL FIRE SPONSOR County of Fresno Date: <Jl Wl *KJ\St \VUUI It] -S-AO^Date:SJlOJlS uBy:V.S^ff?jyU-/-..By:ittYfLlV Print Name:"^\W o£-£~Print Name:Deborah A.Poochigian Title:©C ~J}.'0,b'tf-A C,U.£p Title:Chairman,Board of Supervisors 49309 Orchard Dr. Miramonte,CA 93641 APPROVED AS TO LEGAL FORM: Daniel Cederborg,County Counsel ATTEST.Bernice E.Seidel,Clerk Board of Supervisors By./^fe>-Rv ^TKU^<K<W DeputyDeputy APPROVED AS TO ACCOUNTING FORM: Vicki Crow,C.P.A., Auditor-Controller/Treasurer-Tax Collector By_Zkx /v'L FOR ACCOUNTING USE ONLY: Fund/Subclass:0010/11000 Org.:4510 Account No:7295 REVIEWED AND RECOMMENDED FOR APPROVAL <^C^ Alan Weaver,Director Department of PublicWorks and Planning