No preview available
HomeMy WebLinkAboutFD San Rafael Fire Roads Project MOU (missing CAL FIRE signature)STATE OF CALIFORNIA, NATURAL RESOURCES AGENCY Page 1 of 3 DEPARTMENT OF FORESTRY AND FIRE PROTECTION CONSERVATION CAMP PROGRAM PROJECT REQUEST AND RECORD FC -32 (REV. 01/19) MOU # SPONSORING AGENCY CALIFORNIA DEPARTMENT OF FORESTRY AND NAME FIRE PROTECTION W CO) NAME ADDRESS CAL FIRE Delta Conservation Camp #8 Uj J ADDRESS z O 6246 Lambie Road J CITY, STATE V Suisun, CA 94585 (415) 485-3070 Z W FAX PHONE FAX Q 707 428-4461 707 428-0925 SPONSORING AGENCY PROJECT NAME NAME SUPERVISION LEVEL City of San Rafael —1 W ADDRESS U = 1400 Fifth Avenue FOURTH QUARTER CITY, STATE COMPLETE ON FILE San Rafael, CA 94901 IIPP-4 JOB SAFETY SURVEY PHONE U (415) 485-3070 Z W FAX 0 FC -31 ATTACHED AND SIGNED Q PAGER SLASH & PILE BURNING PROCEDURES z COMPLETE ON FILE R COMMENTS/CONTACTS: p Contact info above is the general contact info for the City of San ZRafael. Please contact the San Rafael Fire Department at: IL 1600 Los Gamos Drive, Suite 345 U) San Rafael, CA 94903 (415) 485-3304 W PROJECT NAME J ZDATE SUPERVISION LEVEL 1 —1 W 7/1/2019 U = FC -79 CODING CDCR/DJJ-CHECKLIST CUSTODIAL QUARTERLY REVIEW INITIAL INSPECTION LT S. Turner SECURITY FORM PREPARED LT S. Turner SUPERVISION LEVEL 1 2 3 SECOND QUARTER THIRD QUARTER FOURTH QUARTER CAL FIRE -CHECKLIST INITIAL INSPECTION PROJECT NUMBER ENY 2019- I IPP -2 JOB HAZARD ANALYSIS O W COMPLETE ON FILE IIPP-3 CODE OF SAFE PRACTICES COMPLETE ON FILE IIPP-4 JOB SAFETY SURVEY COMPLETE ON FILE W IIPP-6 EMPLOYEE TRAINING COMPLETE ON FILE CEQA/NEPA COMPLETED COMPLETE a V FC -31 ATTACHED AND SIGNED COMPLETE ON FILE SLASH & PILE BURNING PROCEDURES COMPLETE ON FILE PROPERTY OWNER PRIVATE PROPERTY? NON PROFIT ORGANIZATION FORM CAL FIRE -719 ❑ YES ® NO ❑ YES ® NO ❑ YES ® NO PROPERTY OWNER City of San Rafael ADDRESS Aquinas, San Pedro Ridge, and Ba hills fire roads CITY/STATE/ZIP PHONE San Rafael, CA 94901 415 485-3070 DESCRIPTION OF PROJECT (Type of work to be performed, attached additional sheets if necessary) Vegetative fuels reduction for fire prevention. Enhancing the fire break that the fire roads provide by reducing vegetative fuels approximately 50' off both sides of the roadway. Cutting of seasonal grass and broom sp. Shaded fuel breaks to remove small diameter branches and dead wood from low hanging tree crowns. Felling of some dead trees as well as piecing up downed trees to remove small diameter, flash fuel type branches. Woody debris will be lopped and scattered and chipped and broadcast on site. Seasonal grass debris sill be mulched on site. Broom debris will be hauled to the local dump. STATE OF CALIFORNIA, NATURAL RESOURCES AGENCY Page 2 of 3 DEPARTMENT OF FORESTRY AND FIRE PROTECTION CONSERVATION CAMP PROGRAM PROJECT REQUEST AND RECORD FC-32(REV.01/19) PERIOD WORK CAN BE PERFORMED ESTIMATED CREW DAYS Monday through Friday / 9:00 AM — 5:00 PM TBD REQUESTED START DATE REQUESTED FINISH DATE 7/1/2019 6/30/2020 PLANS ATTACHED ® YES ❑ NO PROJECT NAME SPONSOR'S PRIORITY San Rafael Fire Roads: Aquinas, San Pedro Ridge, Bayhills To expand the fire break off the fire roads and provide more protection for the Dominican/Black Canyon neighborhood PROJECT LOCATION Aquinas Fire Road: From the gate at the end of Aquinas Dr (37 987249, -122 516825) to the intersection of Scettrini/San Pedro Ridge fire roads (37.991402, -122.518183). San Pedro Ridge Fire Road: From the intersection of Aquinas/ScettrinVSan Pedro Ridge fire roads (37 991402 -122.518183) to the gate at Bayhills Dr (37.99822, -122.503835). Bavhills Fire Road: From the Qate at Bavhllls Drive 37.99822, - 122.503835 to the intersection of Bavhills/Goldhill fire roads 37 989859 -122 500101 GPS COORDINATES 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). • Work provided will enhance fire defense, public safety, improve watershed health and wildlife habitat. Reduce risk of losing natural resources while reducing maintenance and suppression costs • It is required that a sponsor be present at the work location when the crew arrives and during the work hours for that day. • One clean portable restroom facility must be provided for the Delta Camp Inmate Crew members to use while working at the project site. • Any specialized equipment will be provided by the sponsor. Delta Camp or Cal Fire is not responsible for any damage to provided equipment. • It is the Sponsor's responsibility to call Delta Camp at (707) 428-4461 each morning that a crew is scheduled to ensure that the crew is still available. Call Between 7:15 am & 7:45 am. If the sponsor does not call, they will most likely be cancelled for that crew day that they are scheduled. • All sponsors and their employees that have the potential to be around our Delta Crews during work projects are required to attend the Annual Sponsor Orientation each spring. Please contact Admin Fire Captain Robert Wettstein at (707) 428-4461 (office line) with any questions regarding this project. This is to include the scheduling of Fire Crews. PROJECT SLASH & PILE BURNING PROCEDURES ❑ YES ® NO Predicted Fire Weather Watches or Warnings ❑ YES ® NO Hazard Reduction Pile Burning Checklist (8100) ❑ YES ® NO Sponsor has a valid burn permit on site. ❑ YES ® NO All slash & piles will be consumed or extinguished prior to crew leaving project site. ❑ YES ® NO Sponsor will provide suppression control capabilities and supervision of all slash & pile burning that continues beyond crew work day. ❑ YES ® NO Notification to agency with fire suppression responsibility for the project burn site. STATE OF CALIFORNIA NATURAL RESOURCES AGENCY Page 3 of 3 DEPARTMENT OF FORESTRY AND FIRE PROTECTION CONSERVATION CAMP PROGRAM PROJECT REQUEST AND RECORD FC -32 (REV. 01119) OPERATIONAL COST RECOVERY FROM SPONSOR Approved For Final Planning and ESTIMATED W PROJECT SPONSOR DESCRIPTION DURATION 0 RESPONSIBILITIES 2 Saws, 1 pole saw, mixed fuel, OF NEED >-MATERIALS AND SUPPLIES Any materials and supplies will be provided by the sponsor. Duration of Z Supplied by Sponsor fuel & fusee's. project work O SPECIAL TOOLS Any special tools needed for the project will be provided by Duration of rW Provided by Sponsor the sponsor. project work M VEHICLE OPERATIONS Sponsor is responsible to provide a vehicle if a Duration of IX To tow porta-pottie/chipper chipper/porta-potty needs to be towed. project work July 1st) DATE JTECHNICAL SUPERVISION AND All work performed technical or otherwise will be Duration of Q V LABOR Fire Captain supervised by the CAL FIRE Captain only. project work OTHER (DESCRIBE) All traffic control is the responsibility of the Sponsor. If the Duration of San Rafael Fire Department Traffic Control traffic control is not sufficient, the crew work will not project work Matt Urias ADDRESS continue. PHONE OPERATIONAL COST RECOVERY FROM SPONSOR Approved For Final Planning and TOTAL: W A. Daily Vehicle Costs (ECT) Mileage and Fuel for ECT. Included in the daily rate 0 CAL FIRE DIVISION CHIEF 2 Saws, 1 pole saw, mixed fuel, TOTAL: W B. Equipment Costs bar oil, proper PPE, drip torch Included in the daily rate fuel & fusee's. Lu C. Other Costs N/A N/A ZO LL J Q Total: $200/day (plus current ENY 12.29% Administrative Fee 6/11/2020 V administrative fee) (Admin fee subject to change $ 224.58 per crew, per day July 1st) DATE Approved For Final Planning and Sponsors Signature W Scheduling CAL FIRE DIVISION CHIEF DATE NAME (PRINT) — W J Jim Schutz CDCR CAMP COMMANDER DATE SIGNAT DATE ZO LL J 6/11/2020 Q V UNIT CHIEF DATE TITLE City Manager BILLING INFORMATION NAME PRIMARY CONTACT San Rafael Fire Department Matt Urias ADDRESS PHONE 1600 Los Gamos Drive, Suite 345 (415) 847-8451 CITY/STATE/ZIP EMAIL ADDRESS OF WHO WILL BE SIGNING FC -80 San Rafael, CA 94903 Matthew. Urias@cityofsanrafael.org STATE OF CALIFORNIA DEPARTMENT OF FORESTRY AND FIRE PROTECTION CONSERVATION CAMP PROGRAM - MEMORANDUM OF UNDERSTANDING FC -31 (Rev 11/10) MOU # Master Agreement # NA This Memorandum of Understanding (MOU) is made and entered into by and between the California Department of Forestry and Fire Protection (CAL FIRE) and SPONSOR WHEREAS, CAL FIRE, is authorized under Public Resources and Penal Codes to utilize inmates, wards, assigned to conservation camps to perform the work of CAL FIRE; WHEREAS, through contracts or cooperative agreement CAL FIRE may permit inmates, 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 work, These parties agree as follows A. The Sponsor shall submit project proposals on a form approved by the CAL FIRE (currently an FC -32). By doing so, with reference to any such proposals subsequently approved by 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 project. 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 personnel 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 doing so, with reference to any such evaluations subsequently approved by Sponsor, CAL FIRE agrees to provide labor, crew, supervision, normal transportation, food, and such tool as CAL FIRE determines to be available. Upon receipt of Sponsors 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. The Sponsor recognizes that fire suppression and other emergencies have priority over any other work for conservation camp crews 2. The 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 from 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 obligation the Sponsor to expend or 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 the Sponsor G. Permission to camp and 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. 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 prior 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 part from legally complying with the PRA. 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 and shall remain in effect until 6/30/2020 , unless terminated prior to that date by 60 days written notice from one party to the other. IT IS AGREED: CAL FIRE: Print Name: Ben Sitter Signature: Date: 7/1/2019 Title: Battalion Chief Address: 6246 Lambie Road Suisun City, CA 94585 Print Name: im Sc Signature: a Date: 6/1 2p20 Title: City Manager Address: 1400 Fifth Avenue San Rafael, CA 94901 STATE OF CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION PRIMARY LAWS, RULES, AND REGULATIONS REGARDING CONDUCT AND ASSOCIATION WITH STATE PRISON INMATES CDCR 181 (Rev. 10/14) Individuals who are not employees of the California Department of Corrections and Rehabilitation (CDCR), but who are working in and around inmates who are incarcerated within California's institutions/facilities or camps, are to be apprised of the laws, rules and regulations governing conduct in associating with prison inmates, Title 15, Section 3285. The following is a summation of pertinent information when individuals not employed by the department (volunteers, media, contractors and their employees and dignitaries) come in contact with prison inmates. 1. Persons who are not employed by CCR, but are engaged in work at any institution/facility or camp must observe and abide by all laws, rules and regulations governing the conduct of their behavior in associating with prison inmates. Failure to comply with these guidelines may lead to expulsion from CDCR institutions/facilities or camps. SOURCE: California Penal Code (PC) Sections 5054 and 5058; California Code of Regulations (CCR), Title 15, Sections 3283, 3285, 3289, 3292 and 3415 2. CDCR does not recognize hostages for bargaining purposes. CDCR has a "NO HOSTAGE" policy and all prison inmates, visitors, non -employees and employees shall be made aware of this. SOURCE: PC Sections 5054 and 5058; CCR, Title 15 Section 3304 3. All persons entering onto institution/facility or camp grounds consent to a search of their person, property or vehicle at any time. Refusal by individuals to submit to a search of their person, property or vehicle may be cause for denial of access to the premises or restrictions to visiting or facility access. SOURCE: PC Sections 2601, 5054 and 5058; CCR, Title 15, Sections 3173, 3267, 3288, 3289, and 3292. 4. Persons normally permitted to enter an institution/facility or camp may be barred, for cause, by the CDCR Secretary, Director of Division of Adult institutions (DAI), Warden, Regional Parole Administrator and / or their designees. SOURCE: PC Sections 2086, 5054 and 5058; CCR, Title 15, Sections 3283 and 3289 5. It is illegal for an individual who has been previously convicted of a felony offense to enter into CDCR institutions/facilities or camps without the prior approval of the Warden. It is also illegal for an individual to enter onto these premises for unauthorized purposes or to refuse to leave said premises when requested to do so. Failure to comply with this provision could lead to prosecution. SOURCE: PC Sections 602, 4570.5 and 4571; CCR Title 15, Sections 3173, 3283, and 3289 6. Encouraging and/or assisting prison inmates to escape is a crime. It is illegal to bring firearms, deadly weapons, explosives, tear gas, drugs or drug paraphernalia on CDCR institutions/facilities or camp premises. It is illegal to give prison inmates firearms, explosives, alcoholic beverages, wireless communication devices or components thereof, tobacco products, narcotics, or any drug or drug paraphernalia, including cocaine or marijuana. SOURCE: PC Sections 2772, 2790, 4535, 4550, 4573, 4573.5, 4573.6, 4574, 4576 and 5030.1; CCR Title 15, Sections 3172.1, 3188, and 3292 7. It is illegal to give or take letters from prison inmates without the authorization of the Warden. It is also illegal to give or receive any type of gift and/or gratuities from prison inmates. SOURCE: PC Sections 2540, 2541, and 4570; CCR Title 15, Sections 3010, 3399, 3401, 3424 and 3425 B. In an emergency situation the visiting program and other inmate program activities may be suspended by the Warden or designee. SOURCE: PC Sections 2086, and 2601; CCR Title 15, Sections 3383 9. For security reasons, volunteers, media, contractors, dignitaries and guests must not wear clothing that in any way resembles state issued prison inmate clothing (blue denim shirts, blue denim pants). SOURCE: CCR Title 15, Sections 3174 and 3349.2.3(g) (3) (B) 10. Interviews with SPECIFIC INMATES are not permitted. Conspiring with an inmate to circumvent policy and/or regulations constitutes a rule violation that may result in appropriate legal action. SOURCE: CCR Title 15, Sections 3261.5 I HEREBY CERTIFY AND ACKNOWLEDGE I HAVE READ THE ABOVE AND FULLY UNDERSTAND THE IMPLICATIONS REGARDING MY CONDUCT AND ASSOCIATION WITH CDCR INMATES. I ALSO UNDERSTAND VIOLATION OF ANY OF THE ABOVE COULD RESULT IN EXPULSION FROM A CDCR INSTITUTION/FACILITY OR CAMP WITH THE POSSIBILITY OF CRIMINAL PROSECUTION VOLUNTEER/MEDIA/CONTRACTOR/GUEST SIG E DATE SIGNED J m Schutz City Manager June 11 2020 NAME AND TITLE (PR. NT, PAGE 1 OF 2 CONFIDENTIAL Grade Project Security Considerations - Please Check a Supervisor Level - ❑ Level 1 Project(s) located in remote area(s) Inmate crew members may be spread over an area that permits supervision checks no less than every thirty (30) minutes. Crew splits are permissible; see Section 6433, Transfer of Custody in the CDF/CDC Procedures Handbook. ❑ Level 2 Project(s) located in close proximity to public access areas Inmate crew members will be concentrated in a manner that permits site supervision of all inmates most of the time. It is understood that there will be restroom visits, or brief periods inside buildings or crew vehicles that will preclude constant site supervision of all inmates. ❑ Level 3 LEVEL 3 - ONE (1) CAPTAIN Project(s) located in immediate proximity to private residences, other buildings, or to private citizens, which present supervision problems. Crew must be concentrated in such a manner that will insure the crew supervisor has control over the movement of the crew members at all times and constant site supervision of their work. ❑ Level 3 LEVEL 3 - TWO (2) CAPTAINS Project(s) located in immediate proximity to private residences, other buildings, or to private citizens, which present supervision problems. Crew must be concentrated in such a manner that will insure the crew supervisor has control over the movement of the crew members at all times and constant site supervision of their work. Second Captain must maintain constant watch for the security of the nearby private residences, other buildings and the private citizens. PAGE 2 OF 2 CONTINGENCIES FOR SAFETY AND SECURITY PROBLEMS: Injuries: CAL -FIRE Fire Captain will provide first-aid. CDCR will transport for other minor injuries. Major injuries will be transported to the nearest available hospital via ambulance or helicopter. Escapes: Notify CDCR and local law enforcement by radio. Place remaining crew members on the ECT. Try to obtain direction and mode of travel of escaped Inmate (include vehicle description or other information). Disturbances: Notify CDCR and local law enforcement via radio. Observe actions of inmates and give verbal orders to stop behavior. IV. Nearest Law Enforcement Jurisdiction: California Highway Patrol, County Sherriffs Office MEASURE TO RESOLVE IDENTIFICATION SECURITY ISSUES: Conduct a search of the work area prior to starting work each morning. CAL -FIRE employees will be in uniform at the work site. Inmates will remain in distinctive clothing marked "CDC PRISONER" or orange nomex clothing. Do not allow civilians in the area where inmates are working. 1 i 2 /Ty WITH E'�� CONTRACT ROUTING FORM INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below. TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER: Contracting Department: Fire Project Manager: Matt Urias Contractor Name: CAL FIRE Contractor's Contact: Robert Wettstein ❑ FPPC: Check if Contractor/Consultant must file Form 700 Extension: 3457 Contact's Email: Robert.wettstein@fire.ca.gov Step RESPONSIBLE DESCRIPTION COMPLETED REVIEWER DEPARTMENT DATE Check/Initial 1 Project Manager a. Email PINS Introductory Notice to Contractor N/A ❑ 6/11/2020 b. Email contract (in Word) and attachments to City Attorney c/o Laraine.Gittens@cityofsanrafael.org ❑ 2 City Attorney a. Review, revise, and comment on draft agreement 6/11/2020 © LG and return to Project Manager 6/11/2020 ® LG (trJ b. Confirm insurance requirements, create Job on PINS, send PINS insurance notice to contractor 3 Department Director Approval of final agreement form to send to Click or tap ❑ contractor to enter a date. 4 Project Manager Forward three (3) originals of final agreement to ❑ contractor for their signature 5 Project Manager When necessary, contractor -signed agreement ❑x N/A agendized for City Council approval * *City Council approval required for Professional Services ❑ Agreements and purchases of goods and services that exceed Or $75,000; and for Public Works Contracts that exceed $175,000 Click here to Date of City Council approval enter a date. PRINT Project Manager CONTINUE ROUTING PROCESS WITH HARD COPY 6 Forward signed original agreements to City City Attorney Attorney with printed copy of this routing form 7 Review and approve hard copy of signed agreement 8 City Attorney Review and approve insurance in PINS, and bonds (for Public Works Contracts) / ) q q 9 City Manager/ Mayor Agreement executed by City Council authorized official 10 City Clerk Attest signatures, retains original agreement and 4/ forwards copies to Project Manager