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HomeMy WebLinkAboutNB07-Council Office - a . CI10 OF SAN BERNARD~ - REQ~T FOR COUNCIL AO'ION From: Councilman Gordon Quiel Subject: Authorization to use City forces, equipment and material and coor- dinate with California Conserva- tion Corps to address potential flooding in recent fire areas Dept: Council Office Date: November 18, 1985 Synopsis of Previous Council action: None Recommended motion: That Council authorize use of city forces, equipment and material to address potential flooding problems in area of Little Mountain and north of 40th Street where recent fires have made the land barren. Further, that the Public Services Director coordinate with State officials to obtain Conservation Corps' assistance in accomplishing this task. \ ~ r\, C\ JlC . Q -~~ 4~v\~ ~ ~~ - ~ Signatu I Contact person: Phil Arvizo Phone: 383-5168 Supporting data attached: Ward: 4, 5, 7 FUNDING REQUIREMENTS: Amount: Source: Finance: Council Notes: 75.0262 NEW BUSINESS Agenda Item No o i o o o RESOLUTION NO. 85-4915' . 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE,?TATE OF CALIFORNIA, THROUGH 3 ITS CALIFORNIA CONSERVATION CORPS, FOR ADMINISTRATION OF A CCC NON-RESIDENTIAL COMPONENT FOR THE.CITY OF SAN BERNARDINO. 4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF 5 SAN BERNARDINO AS FOLLOWS: 6 SECTION 1. The Mayor of the City of San Bernardino is hereby 7 authorized and directed to execute on behalf of said City an 8 Agreement with the State of California, through its California 9 Conservation Corps, for administration of a CCC non-residential 10 component for the City of San Bernardino, a copy of which is 11 attached hereto, marked Exhibit "I" and incorporated herein by . 12 reference as fully as though set forth at 1ength~ 13 I HEREBY CERTIFY that the foregoing resolution was duly 14 adopted by the Mayor and Common Council of the City of San I. 15 Bernardino at a reqular meeting thereof, held on November , 1985, by the following vote, 16 the 18th day of 17 to wit: 18 19 20 21 22 23 24 25 of 26 27 28 AYES: Council Members Estrada. Reillv. Hernandez. Marks. Quiel. Frazier. Strickler NAYS: None ABSENT: None "It J.,\ J J . ~t:p97d/P~/. , Ci>ty Clerk The foregoing resolution is .., .,' ./ ~". :.) rebyap,I,>p~y'ed this L'/Jz!L, day November , 1985. San Bernardino ... - . C I T Y 0 F-~'S A N B E R }or. fl, R DIN 0 INTEROFFICE MEMORANDUM 8612-l501 TO: Mayor Evlyn wilcox FROM: Gregory Garcia SUBJECT: California Conservation Corps Contract DATE: December 8, 1986 (69l7) COPIES: Council Office, Ray SChweitzer, Ralph prince, Shauna Clark Attached is a copy of the original agreement (#86-6400-124) executed between the State of California and the city of San Bernardino. Our files do not show your office receiving this document counter-signed by the State of California. Mr. Tim Brown, Contracts Officer for the CCC,told me in a telephone conver- sation on December 8, 1986, that their original document, which is the same as our copy, was signed by Rick Rusk for the state of California. According to Mr. Brown, the signature was not dated, as part of normal policy, because the Contract provides a beginning date of the Contract, in our case, December 2, 1985. \../ ' Mr. Brown will send a copy of the signed this Off1!l:::f/l. agreement (#86-6400- \, inator GG:qb /D .__~._..~ _ '."_.~'M"_._"_""~'''''~._~__ CITY b"F SAN BERNARDINO INTEROFFICE MEMORANDUM 8512-1501 TO: Shauna Clark, City Clerk FROM: Gregory Garcia SUBJECT: Standard Agreement--California Conservation Corps DATE: December 4, 1985 (6548) COPIES: ------------------------------------------------------------- Due to a mix-up at the local California Conservation Corps, a ~ of their contract was signed by the Mayor. At the request of the California Conservation Corps, the Mayor has signed the original contract and sent it to the CCC. Please include this copy (enclosed) in your files, if needed. Thank? ------: / ~vy;~~~r:J Gregor,y ijlrcia Project oordinator GG:gb Encl. rf'~ STATEfoENT OF ca.rL.IANCE CITY OF SAN BERNARDINO (Company Name) (hereinafter referred to as "prospective contractor") hereby certifies, unless specifically exempted, compliance with Government Code Section 12990 and California Administrative Code, Title II, Division 4. Chapter 5 in matters relating to the development, implementation and main- tenance of a nondiscrimination program. Prospective contractor agrees not to unlawfully discriminate against any employee or applicants for employment because of race, religion, color, national origin, ancestry, physical handicap, medical condition, marital status, sex or age (over forty). I EVLYN WILCOX (Name of Official) hereby swear that I am duly authorized to legally bind the prospective contractor to the above described certification. I am fully aware that this certification execu~ed on November 18, 1985 (Date) in the county of San Bernardino (County) is made under the penalty of perjury under the laws of the State of California. ~~"-;;,}1~ Mayor Title STD. It (NEW 1-13) _.-=---~---_."-_..~.--.~~--~"--".- '" - . '. ! NONDISCRIMINATION CLAUSE (OCP - 1) 1. During the performance of this contract. contractor and its subcontractors shall not unlawfullY discriminate against any employee or applicant for employment because of race. reli- gion. color. national origin. ancestry. PhYSiC81 handicap. medical condition. marital status. Qge (over 4 ) or sex. Contractors and subcontractors shall insure that the evalua- tion and treatment of their employees and applicants for employment are free of such discrimination. Contractors and subcontractors shall complY with the provisions of the F8ir EmPloyment and Housing Act (Government code. Section 129 0 et seg.) and the applicable regUlatiJns promulgated thereunder (CalifOrnia Administrative tode. Tit e 2. Section 7285.0 et seQ.). The applicable regulations 0 the Fair EmPloyment and Housing Commission imolementing Government Code. SectioD 12990. set forth in Chapter 5 of Division q Of Title 2 of the co i- fornia Administrative Code ore incorporated into this contract by reference and made a part hereof as if set forth in full. Contractor and its subcontractors shall give written notice of their obligations under this clouse to labor organizations with which they have 0 collective bargaining or other agreement. 2. This contractor shall include the nondiscrimination and com- pliance provisions of this clouse in 011 subcontracts to perform work under the contract. STD. '7A (NEW I.ISI . Sn....-...DARD AGREEMENT APr VED .V THE A~ ,..HEY GENI!"AL ~+ rz, ,40'6 D~ OR o .,...,.. A8D1C:'t' o OPT........._. o CONnIOLaR o o o MAn: OP CAI...IPCMMA 8T'D. . .-v. ""'1 THIS AGREEMENT, made and entered into this day of , 19 -, 1n tM Slale of California, by and between State of California. through 115 duly elected or appointed, qualified and acting 'TITLE M CM'~ICelll ACTtHG ~ aT"T'E Chief, Fiscal Branch '-..f,n en/lid 'M SI..., .nd City .._He" California Conservation Corps of San Bernardino HUlllKllI 86-6400-124 """f.n en/lid 'M Con"lIClor. WITNESSETH: That the Contractor for and in consideration of the covenants, conditions, agreements, and stipulations of the State hereinafter expressed, does hereby agree to furnish to the State oervIees and materials, as follows: 15<' forth -. '0'" ,...dned "" Con._,or. ......n' '0. pttJJ CoIo'_.Il.... for ,..forrM_ or -.1<1..... and ..lach"..., and tpedJlca''''''..f .nr.) Contractor agrees to administer, under the direction of the State, a California Conservation Corps (hereinafter called CCC) component, comprised of a minimum of fifteen (15) corpsmembers (hereafter called CMs), from December 2. 1985 through June 30. 1986 The City of San Bernardino throuoh the Office of the Mayor shall have the responsibility for administration of said component, subject to approval of the State, in all matters relating to this agreement. Administration of the CCC component shall be governed by the following provisions: 1. COMPLIANCE WITH CALIFORNIA PUBLIC RESOURCES CODE, CCC POLICIES AND PROCEDURES, AND CONTRACTOR'S SUMMARY Except as provided in paragraph 2, the component shall be conducted in accordance with Sections 14000-14406, California Public Resources Code, all applicable policies,. procedures and program guidelines of the CCC, and Contractor's summary (Exhibit "AN by reference hereby incorporated into and made a part of this agreement). The provisions on the reverse side hereof constitute a part of this agreement IN WITNESS WHEREOF, this agreement has been executed by the parties hereto, upon the date flrstahove written. STATE OF CAUFOllNIA CONTIACTOR ...GeNCT California Conservation Corps CONTItACTOR .. ~ 1MoUC ... ~ eTA'" ....,... A ~TIOM. .--. a= CITY .... l"'UTHOllIIZED~SIG"'.TUItEl ~ TITLO Chief, Fiscal Branch ."t '" Mayor AIlOtOCU COHTlNWO ON _ETa. ....e... ."'''INO NA'" 011' CONTlIIACTOR "Dol. fNCREASCNG aNCUM.."NCI ""M AMOUNT .NC:UMUftED ~AM/C.ATaGO-.Y CODl: AND 1'IT1.m Department of General Services Use Only fO"'T1ONAL LISe) _tv.. .. d... bud"," ju....r< T""" NO. ll_ .laud dooo. 1'-."" -.fr"""" nor..... aoaIIahI< fOl'''' __oco ~ I"""'" _'fr ."", all~""'for""""IDIl'" forth III SIal< ""_u AI..."", _/JIl9 "".. ..... <rtmp/Jad lollh and .11Io docv.....' II _, /TtInI,...... "".,.. DaporI F........ ....ATUM OF cwp.c... ~ ON ..HAIl M.,.. AGENCY ~ DAft - City of San Bernardino 186-6400-124 Page 2 . 2. RECRUITMENT AND HIRING OF CORPSMEMBERS a) Recruitment efforts shall be directed towards applicants that reside in target neighborhoods, who are unemployed and who are high school dropouts I b) All CMs hired under the terms of this agreement shall be between the ages of eighteen (18) and twenty-three (23) at the date of hirel c) All CMs hired under the terms of this agreement shall reside within the City of San Bernardino d) primary It is understood that the Contractor shall bear/responsibility for recruit- ment of CM applicants I e) Selection and hiring of CMs shall be accomplished jointly by the State and the Contractor. The State reserves the right to make the final determina- tion as to selection/rejection of CMs. 3. CORPSMEMBER SALARIES AND BENEFITS, UNIFORMS, AND SAFETY GEAR a) The State shall bear all costs incurred for CM salaries and benefits, uniforms, and safety gear. For purposes of this sub-paragraph, .safety gear" is limited to the following items: o steel toed, vibram lug sole boots: o hard hatsl o goggles I . o leather gloves. b) Except as provided in paragraph S(c), Contractor shall provide other safety gear, as required by the nature of the project work, in accordance with California Department of Occupational Safety and Health Administration regulations. 4. SUPERVISION OF THE CCC COMPONENT a) Contractor shall provide personnel necessary to supervise the CCC component during the performance of project workl b) The State reserves the right to select and reject personnel provided by the Contractor for supervision of the component: c) Personnel provided by the City to supervise the component shall: o report directly to the State in all matters pertaining to this agreement: o be of good moral character I .' City of San Bernardino IIB6-6400-l24 Page 3 . have experience dealing with youth or young adults; . as relates to the terms of this agreement, be subject to all applicable policies, procedures. and guidelines of the CCC including, but not limited to, CCC's fraternization policy; . at a minimum. be able to demonstrate competence in basic first aid and cardiopulmonary resuscitation (Red Cross or equivalent). 5. ADMINISTRATIVE SUPPORT The Contractor shall provide personnel. as needed, to prepare timekeeping. personnel, and project reporting documents in an accurate and timely manner. Said documents shall include but not be limited to: . CCC Form 123 (Exhibit B); . Standard Form 634 (Exhibit ClI . CCC Form 138 A-B (Exhibit D); . Standard Form 603 (Exhibit E); . CCC Form 58 (Exhibit F) ; . CCC Form 45 (Exhibit G); . Demographic Survey Form (Exhibit H); . Supervisor's Injury Prevention Report, Standard Form 620 (Exhibit I). 6. REPORTING REQUIREMENTS All required forms and reports must be submitted to CCC San Bernardino Center by the fifth (5th) of each month for the preceding month's work. Submittal of said forms shall be furnished under separate cover identified by the above- referenced agreement number. 7. TOOLS AND VEHICLES a) The Contractor shall provide any and all tools and materials necessary to complete project work undertaken by the component funded under the terms of this agreement; b) The Contractor shall provide suitable transportation in accordance with Department of Motor Vehicles and CalOSHA regulations to and from the job site for CMs hired under the terms of this agreement. 8. PROJECT WORK a) All project work undertaken by CMs funded under the terms of this agreement must be in compliance with Section 14300 of the California Public Resources Code ,and all applicable policies. procedures, and guidelines of the CCC; - City of San Bernardino .86-6400-124 Page 4 b) All project work performed by the component must receive approval of the State prior to initiation; c) It is understood that, from time to time, the component may be required to respond to emergencies outside the confines of thp City of San Bernardino if deemed necessary and appropriate by the State. In such instances, the State shall bear the responsibility for providing supervision for the component. In the event said component is dispatched by the State outside the City of San Bernardino , the Contractor's responsibility for provision of tools and vehicles shall not exceed the requirement of paragraph 7. 9. EDUCATION COMPONENT a) Contractor shall secure a commitment from local education institutions that appropriate educational services will be provided for eMs hired under the terms of this agreement I b) Contractor shall, to the extent possible, strive to implement, maintain, and support the educational program to be developed under direction of'the State, c) CCC will provide an educational component for OMs hired under the terms of this agreement, equivalent in content to the educational component provided for eMs at other satellites. 10. EMPLOYMENT AND TRAINING SERVICES Contractor shall secure funding or services from the local service delivery area for necessary employment and training services. The attached Non-Discrimination Clause is hereby made a part of this agreement by this reference. The attached State of Compliance is hereby made a part of this agreement by this reference. The contractor. by signing the contract, does swear under penalty of perjury that no more than one final unappealable finding of contempt of court by a Federal court has been issued against the contractor within the immediately preceding two-year period because of the contractor's failure to comply with an order of a Federal court which orders th& contractor to comply with an order of the National Labor Relations Board (Government Code Section 14780.5). This agreement may be terminated by either party by 30 days advance written notice to the other.