DMA-08-26-CN38
ENCAMPMENT DELEGATED MAINTENANCE AGREEMENT
WITH THE CITY OF SAN BERNARDINO
This ENCAMPMENT DELEGATED MAINTENANCE AGREEMENT ("AGREEMENT") is made by and between the State of California, acting by and through the Department of Transportation ("STATE") and the City of San Bernardino ("LOCAL AGENCY"); each may be referred to individually as a "PARTY" and jointly as "PARTIES."
RECITALS
1. This AGREEMENT will identify specific maintenance functions the LOCAL AGENCY will perform in the STATE right of way, including highway and freeway areas situated within STATE's jurisdictional limits as authorized under Streets and Highways Code Section 114 and 116.
OPERATIVE PROVISIONS
1. Maintenance Services. LOCAL AGENCY shall perform maintenance operations as set forth in this AGREEMENT, at the Interstate and State Route(SR) identified in Exhibit A. Maintenance operations include the removal of encampments, litter, debris, and graffiti.
2. Maintenance Standards. LOCAL AGENCY shall perform all "maintenance" as defined in Streets and Highways Code Section 27 and in compliance with the standards set forth in STATE policies, procedures and specifications in effect and as amended. LOCAL AGENCY shall also follow applicable municipal ordinances as long as it is not in conflict with STATE laws, policies, procedures and specifications.
3. Public Announcements. The Parties agree to work together to make coordinated announcements. The LOCAL AGENCY shall not, without the prior written consent of STATE, make any public statement, press release, announcement, or other communication (including responses to public or media inquiries) relating to the subject matter of this Agreement, the status of this Agreement, or the outcomes or benefits resulting from this Agreement. Any public communication regarding this Agreement shall be subject to STATE's prior review and written approval.
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4. Maintenance Areas and Services. LOCAL AGENCY shall only perform maintenance services in the STATE right of way locations described in Exhibit A, hereinafter referred as LOCATIONS.
5. REVISING EXHIBITS. PARTIES can revise this AGREEMENT by mutually amending, replacing, or providing additional pages to the Exhibits. Any such change must be signed by authorized representatives of PARTIES, and no formal amendment to the body of this AGREEMENT will be necessary. The revised Exhibit will thereafter supersede the previous Exhibit and become part of this AGREEMENT.
6. AMENDMENTTO AGREEMENT. Except as provided in the preceding sections concerning Exhibit amendments, the terms of this AGREEMENT may only be amended by a formal written amendment executed by both PARTIES.
7. Unsheltered Encampment Removal.
A. Definitions:
1. MPD 1001 R1 (Exhibit D) - Maintenance Policy Directive issued by the State, establishes the agency's official policy for the removal of encampments from state highway rights-of-way.
Please refer to MPD 1001 R1.
2. PEH - Persons Experiencing Homelessness
3. Priority Level 1 (Critical Priority for Expeditious Removal) Encampments that pose an imminent threat to life, health, safety, or infrastructure require immediate removal without prior notice.
Examples of Imminent Threats:
• Encampment close to traffic, with PEs at immediate
risk of being struck by vehicles.
• PEHs living in confined spaces, such as bridge cells. • Encampment near an unstable structure at risk of
collapse. Please refer to MPD 1001 R1.
4. Priority Level 2 (Removal Needed)
Encampments that do not pose an immediate threat. Please refer to MPD 1001 R1.
B. Factual determination of whether an encampment is Priority Level 1 will need prior confirmation by the STATE Encampment Specialist Maintenance Superintendent.
DMA-08-26-CN38
C. Immediately upon discovery and receiving confirmation as provided in the preceding clause, by the STATE Encampment Specialist Maintenance Superintendent, LOCAL AGENCY shall remove Level 1 encampments and shall inform by phone and email of such removal, the STATE's Encampment Specialist Maintenance Superintendent. Removal of Level 1 encampments shall be pursuant to MPD 1001 R1.
D. LOCAL AGENCY, shall remove Level 2 encampments and in doing so shall adhere to STATE standards for working with PEH at the LOCATIONS, as detailed in MPD 1001 R1 and applicable State and Federal law.
E. When possible, allow two weeks to perform outreach services for priority Level 2 encampments. LOCAL AGENCY shall submit an Encampment Removal Request Form to the STATE's
Encampment Specialist Maintenance Superintendent and
include all requested information including timestamped photos (LOCAL AGENCY shall not move forward until the Removal
Request has been approved and signed by appropriate STATE personnel. Within one week of the completion date of the removal, the LOCAL AGENCY shall complete and submit to the STATE's Encampment Specialist Maintenance Superintendent, all information required in the After-Action Report, including after photos. LOCAL AGENCY may use alternative forms or reporting templates so long as all required information is included.
F. Nothing in this Agreement grants or waives the right of California Highway Patrol (CHP) and other law enforcement agencies having jurisdiction over the LOCATIONS.
8. Graffiti Removal. LOCAL AGENCY shall remove all graffiti from LOCATIONS.
LOCAL AGENCY is solely responsible for ensuring that any graffiti that in any way resembles a mural, artwork, paintings, or other similar elements shall not be removed without the written authorization of STATE. Graffiti removal must protect air and water quality as required by law. LOCAL AGENCY shall conform to the terms stated in STATE's Maintenance Manual, Volume 1, Family D Chapter, D1.07.
9. Maintenance Service Schedule. LOCAL AGENCY shall provide STATE's District Maintenance Encampment Coordinator, as shown in Exhibit C, the maintenance service schedule, no less than 7 days' telephone or email notice before performing any maintenance services under this AGREEMENT. Their email and phone number are listed on Exhibit C.
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LOCAL AGENCY shall provide the District Maintenance Agreement Coordinator (DMAC) and District Area Maintenance Superintendent identified in Exhibit C of this AGREEMENT with the maintenance service schedule. Maintenance services shall be provided on an as needed basis. Prior written approval must be received from the STATE's District Encampment Coordinator through the DMAC. Additionally, LOCAL AGENCY shall either create a contract with California Highway Patrol(CHP) for Maintenance Zone Enhanced Enforcement Program (MAZEEP) or arrange for use of other local law enforcement as appropriate and authorized by CHP prior to performing any work.
Maintenance services shall be performed between the hours of 7:00 a.m. and 3:00 p.m. or as otherwise authorized by the State Representative, if necessary. LOCAL AGENCY must request through the DMAC prior written approval from STATE's District Maintenance Superintendent to perform any maintenance services before 7:00 a.m. or after 3:00 p.m. and/or weekends and holidays.
10. Authorized Reimbursement. The functions, frequency and levels of maintenance services delegated to LOCAL AGENCY under this AGREEMENT and amounts appropriated to STATE for this AGREEMENT, have been considered in setting the total reimbursement amounts due to the LOCAL AGENCY under this AGREEMENT. STATE shall reimburse LOCAL AGENCY up to the amount shown in Exhibit A-1. LOCAL AGENCY may perform additional work if desired, but STATE will not reimburse LOCAL AGENCY for any work in excess of the authorized dollar limits established herein.
11. Billing, Payment and Reporting.
11.1 Billing Date. LOCAL AGENCY shall promptly submit billing invoices in arears to the STATE, for each past quarter including the period prior to the close of STATE's fiscal year on each June 30th.
11. 2 Billing Submission Format. Each billing invoice shall include all of the following:
a. STATE's AGREEMENT number;
b. Date(s) of services;
c. Location of services;
d. Number of hours and hourly rates;
e. Receipts for trash disposal; and
f. Receipts for equipment, materials, and supplies;
g. Before and after photos.
DMA-08-26-CN38
STATE shall pay LOCAL AGENCY for the actual cost of
maintenance services which are satisfactorily performed but shall not exceed the amounts shown in Exhibit A-l.
12. Successors. This AGREEMENT shall be binding upon and inure to the benefit of each of the PARTIES' successors-in-interest, including, but not limited to any public entity to whom any part of the STATE right of way covered under this AGREEMENT may be relinquished and any subsequently incorporated city or other municipality established within the LOCAL AGENCY's jurisdictional limits.
13. Legal Disposal of Litter Collected. LOCAL AGENCY shall make its own arrangements for the legal disposal of litter or debris materials to authorized disposal sites. LOCAL AGENCY shall not leave any filled litter bags, litter piles or other groups of litter assembled during its maintenance services along or in STATE Right of Way. Such litter groupings shall be removed out of STATE Right of Way each day LOCAL AGENCY performs the maintenance services in this AGREEMENT.
14. Storage of Personal Items. LOCAL AGENCY shall meet the storage requirements of not less than 60 days for any personal property that is collected as set forth in MPD 1001 R-1. LOCAL AGENCY shall follow MPD 1001 R-1 with regard to the items that are to be collected and stored. To the extent LOCAL AGENCY deviates from these requirements, LOCAL AGENCY shall fully defend, indemnify and save harmless STATE and its officers and employees from all claims, suits, or actions of every kind occurring by reason of any deviation from MPD 1001 R-1 as set forth in the indemnification paragraph below.
15. Hazardous Waste and Hazardous Materials. LOCAL AGENCY shall be fully and solely responsible for the proper identification, handling, removal and disposal of all hazardous waste and hazardous material during the performance of maintenance services pursuant to this AGREEMENT.
16. Safety and Worker Compliance. LOCAL AGENCY shall be solely responsible for crew pay, workers compensation and any other benefits required by state and federal law. Subcontractors and crew members are not considered STATE's employees at any time. LOCAL AGENCY shall comply with all applicable State and Federal statutes and regulations governing worker and public safety, including but not limited to compliance with CAL-OSHA regulations and guidelines.
LOCAL AGENCY shall make arrangements through the STATE if traffic controls, flags, signs, or lane closures are necessary to safely perform any DMA-08-26-CN38
maintenance services. STATE's maintenance Supervisor or designee shall determine what protections are required at the worksite pursuant to applicable provisions of the STATE's (Caltrans) Maintenance Manual, including but not limited to Volume 1, Chapter 8, Protection of Workers.
17. Equipment and Supplies. LOCAL AGENCY shall provide the necessary equipment, tools, personal protective equipment, materials, supplies and products necessary to perform the maintenance services under this AGREEMENT. STATE shall reimburse LOCAL AGENCY for the reasonable costs of such equipment and supplies not to exceed the authorized expenditures set forth in Exhibit A-1.
18. Legal Relations and Responsibilities.
18.1 No Third-party Beneficiaries. This AGREEMENT is not intended to create duties, obligations, or rights of third parties beyond the PARTIES to this AGREEMENT. Nor does this AGREEMENT affect a PARTY's legal liability by imposing any standard of care for the maintenance of STATE highways different from the standard of care imposed by law.
18.2 Indemnification. Neither STATE nor any of its officers or employees is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by LOCAL
AGENCY in connection with any work, authority or jurisdiction conferred upon LOCAL AGENCY under this AGREEMENT. LOCAL AGENCY shall fully defend, indemnify, and save harmless STATE and its officers and employees from all claims, suits, or actions of every kind occurring by reason of anything done or omitted to be done by LOCAL AGENCY, its contractors, sub-contractors and/or its agents pursuant to this AGREEMENT.
Neither LOCAL AGENCY nor any of its officers or employees is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by STATE, in connection with any work, authority or jurisdiction conferred upon STATE under this Agreement. STATE shall fully defend, indemnify, and save harmless LOCAL AGENCY and its officers and employees from all claims, suits, or actions of every kind occurring by reason of anything done or omitted to be done by STATE, its contractors, subcontractors, and/ or its agents pursuant to this Agreement.
18.3 Work-related Injuries. If a LOCAL AGENCY-assigned crew member is injured while performing maintenance services under this AGREEMENT, LOCAL AGENCY or its designated subcontractor shall DMA-08-26-CN38
be responsible for ensuring the crew member is given prompt medical care and treatment and, if necessary, transportation to a medical facility. LOCAL AGENCY or its designated subcontractor shall administer any injury and workers compensation claims.
LOCAL AGENCY shall notify the STATE's Area Maintenance
Superintendent within twenty-four (24) hours when any such incident has occurred.
19. Prevailing Wages and Labor Compliance. If the work performed under this AGREEMENT falls within the requirement of Prevailing wages as per Labor Code Section 1720 through 1815 -LOCAL AGENCY shall comply with any and all applicable labor and prevailing wage requirements in Labor Code Sections 1720 through 1815 and implementing regulations for public works or maintenance contracts and subcontracts executed for the LOCAL AGENCY's maintenance services under this AGREEMENT. LOCAL AGENCY agrees to include prevailing wage requirements in its contracts for public works. Work performed by LOCAL AGENCY's own forces is exempt from the Labor Code's prevailing wage.
20. Self-Insured. LOCAL AGENCY is self-insured. LOCAL AGENCY shall deliver evidence of self-insured coverage providing general liability insurance, coverage of bodily injury and property damage liability, in an amount of $1 million per occurrence, $2 million in aggregate, and $5 million in excess by delivering a Letter certifying Self-Insurance. The Letter of Self-Insurance must be substantially in the form of Exhibit B and identify the AGREEMENT number, and location as depicted in Exhibit A. LOCAL AGENCY shall provide the original Letter certifying Self-Insurance as a condition to STATE's execution of this AGREEMENT. A copy of the original letter shall be attached to this AGREEMENT as Exhibit B.
Self-Insured using Contractor. If the work performed under this AGREEMENT is done by LOCAL AGENCY's contractor(s), LOCAL AGENCY shall require its contractor(s) to maintain in force, during the term of this AGREEMENT, a policy of general liability insurance, including coverage of bodily injury and property damage liability, naming STATE, its officers, agents and employees as the additional insured in an amount of $1 million per occurrence, $2 million in aggregate, and $5 million in excess. LOCAL AGENCY shall provide a certificate of insurance evidencing this insurance in a form satisfactory to STATE.
21. Budget Contingency. STATE's payments to LOCAL AGENCY are contingent upon the Legislature appropriating sufficient funds under the Budget Act and the encumbrance of funding to STATE's District Office.
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22. Termination. Either PARTY may terminate this AGREEMENT upon 30 days' prior written notice to the other PARTY.
23. Effective Date (Term) of Agreement. This AGREEMENT shall become effective on the last of the dates each PARTY's authorized representative has executed this AGREEMENT and shall expire in three (3) years from the date of execution.
24. Authority. Each individual executing this AGREEMENT on behalf of each PARTY represents and warrants that he/she is duly authorized under the law to execute this AGREEMENT. LOCAL AGENCY represents and certifies that it has, through its regular political process, authorized the execution of this AGREEMENT by appropriate resolution, delegation, or plenary authority as required.
25. Default. If LOCAL AGENCY fails to perform obligations assumed under this agreement, the STATE may, by written notice, request that the default be remedied within thirty (30) calendar days. If LOCAL AGENCY fails or refuses to do so, the STATE may seek legal remedies including specific performance, complete the obligations and refuse to pay LOCAL AGENCY's future invoices until STATE's expenses are redeemed.
26. Counterparts. This AGREEMENT may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same document.
27. Electronic Signatures. Electronic signatures of the PARTIES, whether digital or encrypted, are intended to authenticate this written AGREEMENT, and shall have the same force and effect as manual signatures for this AGREEMENT.
29. Party Representatives and Notices. All notices, document submittals and invoices required under this AGREEMENT shall be deemed to have been fully given when made in writing and received by the PARTIES at their respective addresses listed on Exhibit C.
30. List of Exhibits.
Exhibit A - Locations
Exhibit A-1 - Funding
Exhibit B - Proof of Insurance
Exhibit C- PARTY Representatives and Contacts
Exhibit D - Maintenance Policy Directive (MPD) 1001 R1
DMA-08-26-CN38
CITY OF SAN BERNARDINO STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
Dated: Dated:
Helen Tran Joe Solis
Mayor Deputy District Director
Maintenance District 8
APPROVED:
Dated:
Eric Levitt
City Manager
DMA-08-26-CN38
Route Length Description of Routing Program | Maximum
No. Miles Delegated Authorized
Expenditure
10 1.1 From 0.1 mile west of Hunts Ln. HM2D
to 0.3 mile west of Waterman
Ave.
18 6.5 rom Leroy St. and E. 30 St to 0.8 HM2I
nile south of Waterma
Canyon Ra.
3.3 From Pepper Ave to North F St. | HM2D
210 6.4 From 0.2 mile west of California HM2D
St to 0.3 mile west of Del Rosa
Ave, from Sterling Ave to 0.3 Not to exceed
mile west of Victoria Ave, and $400,000.00 for all
from Palm Ave to 0.1 mile south Routes listed in
of Pacific St, Exhibit A.
215 12.8 From center line of West HM2D
Fairway Dr. to 0.2 mile south of
Devore Rd.
259 1.5 From North Trenton St. to North HM2D
Stoddard Ave.
330 1.3 From Nona Ave. to 0.1 mile west HM2D
of Boulder Ave. and from
Highland Ave. to
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EXHIBIT A
LOCATIONS
SBd-215
SBd-18
PM 17.1
PM R12.5
Slee Hels
• Regional Par
Bifornia St
University, S
Bernarding
KENDALL OR
SBd-18 SBd-330
PM T6.0 SBd-210 PM R29.6-30.6
PM R26.0
SBd-210 SBd-210
PM 20.8 PM R27.7-R28.1
SBd-259
E HIGHLAND AVE
PM 1.5 SBd-210
WATE PM R26.3-R27.1
SBd-259 / SBd-210
PM RO.0 SBd-330
SR-66 * PM R28.4-R28.8
PM R28.7-R29.2
N PEPPER AVE /PM 23.4 Highland
E FIFTH ST
San
Bernardino
Rialto
ml
SR-66
*MILL ST GRANGE ST
PM 20.1
BAY DHONYAN
SBd-215
PM 43 \ 1-10
TORTI
Colton EDLAND:
PM 24,7-25.3
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Exhibit A-1
Funding
Total maximum authorized expenditure: $ 400,000
Total maximum authorized expenditure per quarter: $50,000 unless approved in writing by STATE.
KD
SAN City of
a San Bernardino
FOUNDEDIN 91D
EXHIBIT B
LETTER CERTIFYING CITY'S SELF-INSURED STATUS
California Department of Transportation District 8 June 3, 2026 ATTN: Joe Solis, Deputy District Director, Maintenance
Re: Maintenance Agreement No. DMA-08-26-CN38 with California Department of Transportation for the encampment and litter removal along | 10 (PM 24.7 to 25.8), SR 18 (PM T6.0 to R12.5), SR 66 (PM20.1 to 23.4), SR 210 (PM 20.8 to R26.0, R26.3 to R27.1, R28.4 to R28.8), 1215 (PM 4.3 to 17.1), SR 259 (PM RO.0 to T6.0), and SR 330 (PM R28.7 R29.2 to R29.6 to 30.6)
Dear Mr. Solis:
This letter certifies that the CITY of San Bernardino is self-insured and self-funded covering third-party claims arising out of its general operations (i.e.; commercial general liability and automobile liability insurance). Further, the CITY is self-insured covering workers' compensation claims and has received the consent of the State Department of Industrial Relations to do so.
Each fiscal year, as a part of its budgetary process, the CITY appropriates funds specifically to satisfy valid third-party claims and workers' compensation claims, which may be brought against the CITY.
The CITY certifies its self-insured, general liability coverage for bodily injury and property damage liability, meets the required coverage amounts in the Insurance section of the Delegated Maintenance Agreement, specifically general liability insurance, coverage of bodily injury and property damage liability in an amount of $1 million per occurrence, $2 million in aggregate, and $5 million in excess.
If you need any additional information regarding this letter, please direct those inquiries through my office.
Sincerely.
Eric Levitt, City Manager
290 North D St, San Bernardino, CA 92401 | P: 909-384-7272 | www.SBCity.org DMA-08-26-CN38
EXHIBIT C
Party Representatives and Notices
CITY OF SAN BERNARDINO'S Contact:
Stacy Hogue
[email protected]
STATE's District Maintenance Agreement Coordinator (DMAC):
Chris Nator
[email protected]
District 8 Maintenance Encampment Contact
All notices, document submittals and invoices required under this AGREEMENT shall be deemed to have been fully given when made in writing and received by the PARTIES at their respective addresses as follows:
LOCAL AGENCY
Attn: David Miller
Address: 182 S. Sierra Way
San Bernardino Ca 92410
(909) 998-2548
[email protected]
STATE
Attn: Chris Nator
464 W. 4th Street
San Bernardino Ca, 92401 MS 1107
Maintenance Encampment Coordinator
Richard Pence
(213) 503-1284
[email protected]
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Exhibit D
Maintenance Policy Directive (MPD) 1001 R1
Please see attached
• Caltrans Maintenance Policy Directive MPD 1001-R1 (PDF) STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION
MAINTENANCE POLICY DIRECTIVE
MTCE-03 (REV 3/2015)
NUMBER TPAGE
MPD 1001-RI 1 OF T
MAINTENANCE POLICY DIRECTIVE DATE ISSUED
EFFECTIVE DATE
10/10/2022 10/10/2022
SERGIO ACEVES SIGNATURE
Chief, Division of Maintenance
Sergio Acavas
DISTRIBUTION
X All District Directors 2 Chief, Division of Engineering Services • All Deputy District Directors - Maintenance 2 Chief Counsel, Legal Division • All Deputy District Directors - Traffic Ops. • Publications (Califormia Supplement Website) • All Deputy District Directors - Construction E All Division of Maintenance Ofice Chiefs 2 Al Deputy District Directors - Design 1 All SMaI Office Chiefs All Deputy District Directors - Trans. Planning • Headquarters Division Chiefs for:
SUBJECT
Division of Maintenance - Encampment Removal Policy
DOES THIS DIRECTIVE AFFECT OR X YES No
SUPERSEDE ANOTHER DOCUMENT?
IF YES, DESCRIBE
Volume 1, Chapter 1, section 1.07.3
MPD 1001, issued August 16, 2010
MPD 2002-R9
WILL THIS DIRECTIVE BE INCORPORATED X YES NO
IN THE MAINTENANCE MANUAL?
IF YES, DESCRIBE
Volume 1, Chapter 1, section 1.07.:
To whatever exten the Mantrance, Manual or ote mean i conic, this price ageding entencement renoval operations.
DIRECTIVE
The California Department of Transportation (Caltrans) does not permit encampments on its Right-of-Way.
Caltrans' goal is to maintain the integrity of the transportation network. Encampments degrade highway infrastructure and impact the maintenance and operation of the highway facilities. Removal of encampments mitigates health, safety, access, and concealment issues for Persons Experiencing Homelessness (PEHs), the traveling public, adjacent neighborhoods, Caltrans staff and first responders. For these reasons, Caltrans' Right- of -Way is not suitable for encampments. This policy facilitates transportation, access and safety needs while providing guidance regarding encampment removal operations. To whatever extent the Maintenance Manual or other guidance is in conflict, this policy takes precedence.
ADA Notice For individuals with sensory disabilities, this document is available in altemate formats. For attemate format information, contact the Forms M:
Unit at (279) 234-2284, TTY 711, or write to Records and Forms Management, 1120 N Street, MS-89, Sacramento, CA 95814.
STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION
MAINTENANCE POLICY DIRECTIVE
MTCE-03 (REV 3/2015)
A. Site Assessment - When feasible, a site assessment should be performed by Maintenance staff and include:
1. Prioritization of each encampment as either a Priority Level 1 (Critical Priority for Expeditious / Urgent Removal) or a Priority Level 2 (Removal Needed). a. Priority Level 1 (Critical Priority for Expeditious / Urgent Removal) - Critical circumstances exist when an encampment poses an imminent threat to life, health, safety, or infrastructure and must be immediately addressed. This is limited to exigent circumstances. Non-exclusive examples include: the encampment is on or near an unstable structure at risk of collapse; the encampment is close to traffic and the PEH in the encampment are at immediate risk of getting hit by vehicles; PEH are living within a confined space, such as a bridge cell.
b. Priority Level 2 (Removal Needed) - All other encampments.
B. Site Assessment Action Items and Considerations
When appropriate, the California Highway Patrol (CHP) should be contacted in advance to assist in initial site assessment.
2. The District Encampment Coordinator or staff should contact service providers and request outreach services for PEH at the encampment.
3. District Hazmat Coordinator or other hazmat-trained staff should evaluate the site for any hazards unique to the encampment that will require specialized hazardous materials handling, disposal, or site remediation.
4. If appropriate, the District Landscape Architect or designee should evaluate potential mitigation efforts related to landscaping to prevent future encampments.
C. Notice
1. Priority Level 1
a. No advance posted Notice to Vacate is required.
b. CHP should be present during operations.
c. If circumstances reasonably allow for advance notice, then give as much advance notice as is reasonable under the circumstances, to be determined on a case-by-case basis. d. If advance written notice is not given and if property was collected during the removal, an after encampment "removal advisory" shall be posted in a prominent location near where the encampment was removed providing information describing where items were removed from, a contact phone number for reclaiming collected property, including the date by which property must be reclaimed.
e. Time-stamped photographs or videos should be taken of the "removal advisory."
2. Priority Level 2
STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION
MAINTENANCE POLICY DIRECTIVE
MTCE-03 (REV 3/2015)
a. Post Notice to Vacate at least 48 hours before beginning encampment removal. b. CHP shall be present during the posting of Notice to Vacate. c. Location of Posted Notice to Vacate - Written Notice to Vacate should be posted at each major point of ingress/egress in a conspicuous manner.
d. If prevented from posting the Notice to Vacate because of hostility, interference, or any other action from persons on site, posting should not be attempted until CHP mitigates the situation.
e. Time-stamped photographs or videos should be taken of the posted Notices to Vacate.
3. Paper Notices to Vacate should be enclosed in sheet protectors to protect against weather.
4. Paper Notices to Vacate shall be filled out completely and include:
a. Posting date and time.
b. Location.
c. "Vacate by" date and time.
d. Telephone number for assistance in obtaining property collected during a removal. e. Date by which property must be collected from Caltrans before it is discarded. f. Removal start and end dates.
D. Removal Operations
1. Before work at encampment site, CHP shall be present. Do not begin removal operations when PER are in the immediate vicinity. Any PEH who remain on site when Caltrans or its contractors arrive to begin the removal shall be given a reasonable amount of time to remove possessions before any removal begins.
2. Where advance written notice is given, removal work shall begin on the date written on the Votice to Vacate and shall begin no earlier than the time written on the Notice to Vacate. I removal work does not begin on the date written on the Notice to Vacate, the location must b reposted before removal operations may begin. If prevented from removal work because of hostility, interference, or any other action from persons on site, removal work should not be attempted until CHP mitigates the situation. No further posting is necessary once Caltrans workforce and/or contractors arrive for removal operations and will continue from day to day until completed.
3. Time-stamped photographs or videos should be taken before, during, and after removal work has been completed.
4. Hazardous Materials trained personnel should evaluate the site to identify and plan for removal of any hazardous materials.
5. When possible, equipment should be used to gather, pile, and load encampment debris to reduce exposure and contamination.
6. Any personal property that is collected should be stored in a secured location by Caltrans for not less than 60 days, then discarded if not claimed.
7. Collected personal property should be time-stamped photographed and shall be inventoried by STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION
MAINTENANCE POLICY DIRECTIVE
MTCE-03 (REV 3/2015)
describing and labeling the items and identifying the encampment location and the removal date.
E. Items To Be Collected (Bagged and Tagged) and Stored
1. Personal property that is not a health or safety hazard, in plain sight, shall be collected, labelled. and stored. Caltrans employees and contractors shall collect the following items:
a. Items of apparent value - defined as items having an apparent value of $50 or more. b. Items of apparent personal value including but not limited to:
i. Eyeglasses, operational wheelchairs, walkers, crutches, other medical equipment. ii. Tents (habitable and uncontaminated).
ili. Personal papers such as photographs, albums, ID's, bank statements, legal papers, iv. Bicycles, scooters, strollers in good repair.
v. Backpacks and containers that appear to be in good condition and have been determined by a Caltrans hazmat contractor to be free of materials described in Section F(1)(a)-(f) below. [Caltrans's current policy is not to collect backpacks and closed containers due to potential safety issues].
2. Due to the exigent circumstances surrounding Priority Level 1 removals, it may not be possible to collect, label and store items.
F. Items That Will Not Be Collected
1. Items that present an immediate health or safety risk, such as:
a. Toxic sharps: needles, scissors, knives.
b. Chemicals: bleach, paint, oils, etc.
c. Items (including bedding and clothing) soiled by infectious materials: human waste, bodily fluids.
d. Moldy, mildewed items.
e. Items that may be infested by rodents and insects: rats, mice, fleas, lice, bed bugs. f. Items that pose a risk of fire or explosion, combustibles and propane tanks; any item containing fuel or corrosives or other unidentified liquids. g. Backpacks and closed containers that have been determined by a Caltrans hazmat contractor to contain items listed in (a)-(f) above or items (3), (4), (5), or (6) below. Such backpacks and closed containers may be discarded where no hazmat contractor is present to make a determination.
h. If personal belongings are co-mingled or littered with needles, human waste, or other health risks, employees/contractor may dispose of the entire pile of belongings and are not required to sort through and attempt to remove the health or safety risks. The presence of clothing in a backpack or container shall not be the sole reason to discard the backpack or container.
STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION
MAINTENANCE POLICY DIRECTIVE
MTCE-03 (REV 3/2015)
2. Mattresses: furniture with fabric, padding, or is porous; sheds, structures, rolling structures, anc bulky items. Sheds, structures, or rolling structures may be demolished if not removed by PEr prior to the encampment removal. A "bulky item" is any single item that is over 50 pounds and requires more than two persons to safely lift.
3. Perishable items, perishable food.
4. Controlled substances, drugs with or without prescription and medications of any kind. [Should be handled by hazmat trained personnel and/or by CHP.]
5. Contraband, weapons and illegal items. [Should be addressed as provided in the Maintenance Manual and/or as directed by CHP.]
6. Trash, garbage, and/or debris. This includes property that appears to have been discarded by its owner and broken appliances or broken furniture which constitutes abandoned property or trash. a. If employees/contractors have a reasonable doubt as to whether an item constitutes trash, it should be collected and stored. Employees/contractors should exercise their best judgment in determining which items should be collected and stored.
7. Motor vehicles should be handled as provided in the Vehicle Code.
G. Reclaiming Collected Personal Property
1. Persons attempting to retrieve property collected during a removal operation shall give the location of the encampment where the property was collected, describe where and when the personal property was last in their possession, and provide a description of the items). The person retrieving property shall sign and date a document acknowledging receipt of the property. If requested, a receipt should be given to the person retrieving property.
H. Record Keeping
1. An After-Action Report should be submitted to the Headquarters office handling encampments (currently the Office of Homelessness & Encampments, aka OH&E) within one week of a completed encampment removal.
2. A file should be created for each encampment removal and retained for 4 years, and should contain:
a. Photographs and/or videos taken in connection with the removal effort. b. Writings reflecting assessments, evaluations, summaries, receipts and notices connected with the encampment removal, items collected, and items retrieved, if any. c. Name(s) of the contractor(s) involved in the removal. d. Name(s) of the social service providers.
e. MAZEEP Daily Report forms and, if not reflected on the form, names and badge number(s) of CHP or other law enforcement involved in the encampment removal.
I. Completed Encampment Removal Request Forms.
g. Collected Personal Property Forms and receipts.
STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION
MAINTENANCE POLICY DIRECTIVE
MTCE-03 (REV 3/2015)
Attachment(s):
STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION
MAINTENANCE POLICY DIRECTIVE
MTCE-03 (REV 3/2015)
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DEFINITIONS
When used in this Maintenance Policy Directive, the text shall be defined as follows:
1) Standard - a statement of required, mandatory, or specifically prohibited practice. All standards text appears in bold type. The verb shall is typically used. Standards are sometimes modified by Options.
Guidance - a statement of recommended, but not mandatory, practice in typical situations, with deviations allowed if engineering judgement or engineering study indicates the deviation to be appropriate. All Guidance statements text appears in underlined type. The verb should is typically used. Guidance statement are sometimes modified Option - a statement of practice that is a permissive condition and carries no requirement or recommendation.
Options may contain allowable modifications to a Standard or Guidance. All Option statements text appears in normal type. The verb may is typically used.
4) Support - an informational statement that does not convey any degree of mandate, recommendation, authorization, prohibition, or enforceable condition. Support statements text appears in normal type. The verbs shall, should and may are not used in Support statements.