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HomeMy WebLinkAboutContracts & Agreements_24-2008_CCv0001.pdf STATC OF CALIFORNIA STANDARD.- AGREEMENT STD 213(Rev 08103) AGREEMENT NUMBER 3CA77073 REGISTRATION NUMBER 1. This Agreement is entered into between the State Agency and the Contractor named below: STATE A.GENCY'S NA;sE California Department of Forestry and Fire Protection CCNTRACT�7R'S NAME City of Redlands 2. The term of this 7/1/07 through 6/30/08 Agreement is: 3. The maximum amount $ 73,435.50 of this Agreement is: Seventy three thousand four hundred thirty-five dollars and fifty cents. 4. The parties agree to comply with the terms and conditions of the following exhibits which are by this reference made a part of the Agreement. Exhibit A— Scope of Work pages Exhibit B— Budget Detail and Payment Provisions pages I Exhibit C*— General Terms and Conditions GTC 306 t Check mark One item below as Exhibit D: Effective 3123106 eExhibit-D Special Terms and Conditions (Attached hereto as part of this agreement) pages 1 Exhibit-D* Special Terms and Conditions Exhibit E—Additional Provisions pages Items shown with an Asterisk(*), are hereby incorporated by reference and made part of this agreement as if attached hereto. These documents can be viewed at www.ols.dgs.ca.gov/Standard+Language IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto. CONTRACTOR California Department of General CONTRACTOR'S NAME(if other than an individual,state whether a corporation,partnership,etc.) Services Use Only City of Redlands BY(Aut z Signature} �, DATE SIGNED(Do not type) PRJ'!* ED NAME AND TITLE OF PERSON SIGNING 4x n Harrison, Mayor ATTEST: - ADDRESS e r y 0 e d I an S i JUN - 5 2UU8 P.O. Box 3005 Redlands, CA 92373 DEPT �F ,3FNr,7,:. 'eI STATE OF CALIFORNIA AGENCY NAME •" — �'""""' 33i California Department of Forestry and Fire Protection --.� BY(Authonz Sr re}, DATE SIGNED(Do nit type) � ,3 i PRINTED r` r G Keri Pi fort © Exempt per: s t r t ,,Uy tNs 2 r ;4wf of Fire Protection � i ADDRESS 1416 Ninth Street, Sacramento, CA 94244-2460 Contractor: City of Redlands Contract No.:3CA77073 Page EXHIBIT A COOPERATIVE FIRE PROGRAMS AGREEMENT FOR PROTECTION OF WILDLANDS WITHIN LOCAL AGENCY 1. The project representatives during the term of this agreement will be: Department of Forestry and Fire Protection Unit Local Agency: City of Redlands Chief: Name: Tom O'Keefe Name: Jim Drabinski Phone: 909 881-6900 Phone: 909 798-7600 Fax; 909) 881-6969 Fax: (909) 798-7602 All required correspondence shall be sent through U.S. Postal Service by certified mail and directed to: Department of Forestry and Fire Protection Unit Local Agency: City of Redlands Chief: Tom O'Keefe Section/Unit: San Bernardino Section/Unit: City of Redlands Attention: Tom O'Keefe Attention: Jim Drabinski Address: 3800 N. Sierra Way Address: P.O. Box 3005 San Bernardino, CA 92405 Redlands, CA 92373 Phone: (909) 881-6900 Phone: 909 798-7600 Fax: (909) 881-6969 Fax: 909 798-7602 Send an additional copy of all correspondence to: Department of Forestry and Fire Protection Cooperative Fire Services P.O. Box 944246 Sacramento} CA 94244-2460 2. AUTHORIZATION This agreement is entered into this 1"t day of July, 2007, by and between the State of California, hereinafter called STATE and City of Redlands, County of San Bernardino, State of California, hereinafter called Local Agency through its duly authorized officers. As used herein, Director shall mean Director of the Califomia Department of Forestry and Fire Protection. Where the standard clauses for example in Exhibit C, use the word "Contractor"that word shall mean LOCAL AGENCY as LOCAL AGENCY is used in this agreement. Section 4142 of the Public Resources Code provides that the Director may enter into cooperative Agreements with local jurisdictions for the purpose of providing wildland fire protection. 3. SCOPE OF WORK LOCAL AGENCY has the responsibility for protection of life, property, and wildland areas comprising 4358 acres of land as indicated on the map attached hereto and marked Exhibit E, Attachment 1, and desires to contract with the STATE to provide wildland fire protection to said area. Contractor: City of Redlands Contract No.:3CA77073 Page STATE has the ability to provide wildland fire protection for said area, of the type and degree, which it now provides on adjacent State Responsibility Areas. 4. SERVICES By STATE A. STATE shall provide wildland fire protection for the areas defined in the above section. B. For those areas, which are adjacent to State Responsibility Area, STATE will provide wildiand fire protection at the same level of service it now provides on adjacent State Responsibility Area, C. For those areas (islands), which are not adjacent to State Responsibility Area, the wildland fire protection provided by the STATE will be limited to those resources identified in the preplanned wildland response for the respective area. Any resources beyond those specified in the preplanned wildland response are assistance by hire and the financial responsibility of the LOCAL AGENCY. S. ADMINISTRATION A. LOCAL AGENCY agrees that STATE may dispatch fire protection resources available under this agreement to other areas of the state when needed at the sole discretion of STATE. B. STATE response will be subject to availability of resources. C. Incident Management within the contract area shall conform to current Incident Command # System criteria for Unified Command. D. STATE and LOCAL AGENCY shall, through established dispatch procedures, immediately notify each other of any fire incident within the contract area. 6. MUTUAL AID LOCAL AGENCY shall provide mutual aid response into the contract area for wildfires. Structural fire protection remains the jurisdictional and financial responsibility of LOCAL AGENCY. 7. ENTIRE AGREEMENT This agreement contains the whole agreement between the parties. It cancels and supersedes any previous agreement for the same or similar services. Contractor: City of Redlands Contract No.:3CA77073 Page EXHIBIT B BUDGET DETAIL AND PAYMENT PROVISIONS Invoicing and Payment: A. LOCAL AGENCY shall pay STATE for providing said protection at the rate of 15.33 per acre, plus an 9.92% administrative charge for a total of$ 73,435.50 upon presentation of an invoice by STATE. The rate per acre and administrative fee will be calculated by STATE prior to January 1, of each year and annually thereafter, for the succeeding fiscal year subject to approval by LOCAL AGENCY. This agreement shall be amended each fiscal year to reflect new rates. B. STATE shall provide thirty (30) day written notice to LOCAL AGENCY of the cost per acre and the administrative charge to be charged for each subsequent fiscal year during the term of this agreement; LOCAL AGENCY shall have thirty (30) days to approve said rate; if written approval is not received by STATE within said period, STATE's obligations hereunder shall terminate; LOCAL AGENCY shall be liable for all amounts due up to and including the date of such termination. Contractor: City of Redlands Contract No.:3CA77073 Page — EXHIBIT C GENERAL TERMS AND CONDITIONS PLEASE NOTE: This page will not be included with the final agreement. The General Terms and Conditions will be included in the agreement by reference to Internet site: www.dgs.ca.gov/contracts Contractor: City of Redlands Contract No.:3CA77073 Pa EXHIBIT D SPECIAL TERMS AND CONDITIONS 1. Cancellation Failure of either party to meet any of the terms and conditions of this agreement, including non- payment of monies die hereunder, shall be cause for the termination of this Agreement; such termination shall become effective upon receipt of written notice of cancellation. 2. Audit If the agreement is over$10,000, the parties shall, in accordance with Government Code Section 10532, be subject to examination and audit of the State Auditor General for a period of three (3) years after final payment under the agreement. Examination and audit shall be confined to those matters connected with performance of the agreement including, but not limited to, cost of administering the agreement The Contractor warrants by execution of this Agreement, that no person or selling agency has been employed or retained to solicit or secure this Agreement upon agreement or understanding 3. Operating Plan Prior to April 1 of each year, STATE and LOCAL AGENCY shall establish a joint Operating Plan for the contract area, which shall be attached hereto as"Exhibit E,Attachment 4". If LOCAL AGENCY received its structural fire protection from another local agency, the local agency providing the structural fire protection must be party to the Operating Plan. 4. Extension of Agreement Unless there is written notice of intention not to renew this Agreement STATE shall extend this agreement for a single one-year period from the original termination date. The cost of services provided by STATE during the extended period shall be based upon the rates published for the fiscal year in which the extended period falls had a new agreement been entered into. 5. Modification This agreement may be amended at any time by written mutual consent of the parties hereto. 6. Indemnification To the extent that the Constitution and the laws of the State of California permit, STATE and LOCAL AGENCY agree to indemnify and to hold each other harmless against and from any and all liability for claims on account of property damage, personal injuries, or death resulting from the negligent acts of the other party, its officers, employees, agents, and subcontractors in connection with the performance of this Agreement. ~ ' Contractor: City of Redlands Con1nactNo.:3CA77O73 Page EXHIBIT ADDITIONAL PROVISIONS ATTACHMENTS E 1) Budget Plan (� �� 2) Topographic Map F-1 3) NurroUvo/OperadngP|an �l 4) Annual Report The additional documentation listed below |srequired byCOF. 1) CDFReview Certification Form (signatures) 2) Flouting Checklist 3) Local Agency's Governing Board Resolution or Minutes (provide 2copies) 4) Budget Plan (provide 4extra copies) Contractor: City of Redlands Contract#: 3CA77073 Page Ib EXHIBIT E, SCHEDULE A FISCAL DISPLAY PRC 4142 NAME OF LOCAL AGENCY City of Redlands Index 3500 PCA 39002 This is Attachment A of Cooperative Agreement originally dated July 1, 2007_,, by and between the Department of Forestry and Fire Protection of the State of California and LOCAL AGENCY. _X Original Amendment for Fiscal Year 2007_ Number of Acres 4358 Agreement Rate per Acre $15.33 General Fund Revenue per Acre $ 3.82 Ranger Unit Budget per Acre $11.51 Administrative Charge 9.92% GENERAL FUND REVENUE 4358 Acres $3.82 Revenue per Acre $16,647.56 RANGER UNIT BUDGET 4358 Acres $11.51 Budget per Acre $50,160.58 GENERAL/RANGER UNIT FUND REVENUE Subtotal $ 66,808.14 Administrative Charge— 9.92% $ 6,627.36 Grand Total $ 73,435.50 FC-00 (Rev, 5103) AGREEMENT SVMM!cRY AGREEMENT NUMBER AMENDMENT NUMBER STD'1 5(Rev 09/2007 7) F�CHECK HERE IF ADDITIONAL PAGES ARE ATTACHED 3CA77073 1. CONTRACTOR'ST-73IF 2. FEDERAL I.D.NUMBER City of Redlands Is L-- 3. AGENCY TRANSMITTING AGREEMENT 4. DIVISION,BUREAU,OR OTHER UNIT 5. AGENCY BILLING CODE Forestry and Fire Protection ilk— 013028 6. NAME AND TELEPHONE NUMBER OF CONTRT ANALYST FOR QUESTIONS REGARDING THIS AGREEMENT Jolene DeGroot, 916/654-6833C--! / t 401 k��Nw (X)11JkVP 7. HAS YOUR AGENCY CONTRACTED FOR THESE SERVICES BEFORE? F-] NO X YES(If YES,enter prior contractor 3CA66723 name and Agreement Number) 8. BRIEF DESCRIPTION OF SERVICES-LIMIT 72 CHARACTERS INCLUDING PUNCTUATION AND SPACES Fire Protection Services 9. AGREEMENT OUTLINE (Include reason for Agreement: Identify specific problem,administrative requirement,program need or other circumstances making the Agreement necessary;include special or unusual terms and conditions) California Department of Forestry and Fire Protection (CALFIRE) shall provide fire protection services pursuant to Public Resources Code Sections 4142 and/or 4144. *The Contract is an interagency or This Schedule A VVildland Agreement falls under two revenue/reimbursement agreement,there are of the exceptions listed in the DGS Administrative Order 06-05.1: reasonable factors that caused the delay,and it is in *The Contract involves another governmental entity, the State's best interest to process the contract or and an action or inaction of that other governmental amendment. entity delayed timely processing of the contract or amendment by the State. 10. PAYMEN 1 1 LXMS(More than one may apply) ❑ MONTHLY FLAT RATE ❑ QUARTERLY ❑ ONE-TIME PAYMENT n PROGRESS PAYMENT ❑ ITEMIZED INVOICE ❑ WITHHOLD % ❑ ADVANCED PAYMENT NOT TO EXCEED REIMBURSEMENT/REVENUE $ or % El OTHER (Explain) 11. PROJECTED EXPENDITURES PROJECTED FUND TITLE ITEM F.Y. CHAPTER STATUTE EXPENDITURES Reimbursement $ OBJECT CODE AGREEMENT TOTAL -13 AMOUNT ENCUMBERED BY THIS T C UME7 1,T F OPTIONAL USE $ `73,4;z.-G.r;�o I CERTIFY upon my own personal knowledge that the budgeted fundsfar the current budget year PRIOR AMOUNT ENCUMBERED FOR THIS AGREEMENT are available for the period and purpose of the expenditure stated above. $ ACCOUNTING OFFICER'S SIGNATURE DATE SIGNED TOTAL AMOUNT ENCUMBERED TO DATE 12. TERM TOTAL COST OF AGREEMENT From Through THIS TRANSACTION BID,SOLE SOURCE XEMpi Original 7-1-07 6-30-08 $ '^13)435.50 Amendment No. I S Amendment No.2 $ Amendment No. 3 $ TOTAL $ 7' 435.50 (Continue) STATE OF CALIFORNIA AGREEMENT SUMMARY STD.215(NEW OV98) 13. BIDDING METHOD USED: ❑ REQUEST FOR PROPOSAL(RFP) ❑ INVITATION FOR BID(IFB) ❑ USE OF MASTER SERVICE AGREEMENT (Attach justification ifsecondary method is used) ❑ SOLE SOURCE CONTRACT ❑ EXEMPT FROM BIDDING OTHER (E,xptiin) (4 ttach STD.82 1) (Give authorityfor exempt status) Reimbursement NOTE: Proofof advertisement in the State Contracts Register or an approved form ETD,821,Contract Advertising Exemption Request,must be attached 14. SUMMARY OF BIDS(List of bidders,bid amount and small business status) (If an amendment,sole source,or exempt,leave blank) 15. IF AWARD OF AGREEMENT IS TO OTHER THAN THE LOWER BIDDER,PLEASE EXPLAIN REASON(S)(1f an amendment,sole source,or exempt,leave blank) 16. WHAT IS THE BASIS FOR DETERMINING THAT THE PRICE OR RATE IS REASONABLE? Not applicable. This is a reimbursement agreement with a local agency. 17.JUSTIFICATION FOR CONTRACTING OUT(Check one) El Contracting out is based on cost savings per Government Code El Contracting out is justified based on Government Code 19130(b). 19130(a). The State Personnel Board has been so notified. Justification for the Agreement is described below. Justification: Not applicable. This is a reimbursement agreement with a local agency. 18. FOR AGREEMENTS IN EXCESS OF 19. HAVE CONFLICT OF INTEREST ISSUES 20. FOR CONSULTING AGREEMENTS,DID YOU REVIEW $5,000, HAS THE LETTING OF THE BEEN IDENTIFIED AND RESOLVED AS ANY CONTRACTOR EVALUATIONS ON FILE WITH THE AGREEMENT BEEN REPORTED TO THE REQUIRED BY THE STATE CONTRACT DGS LEGAL OFFICE? DEPARTMENT OF FAIR EMPLOYMENT MANUAL SECTION 7.10? AND HOUSING? 0 NO n YES F� NONE ® NIA M NO F1 YES N/A ❑ NO n YES N/A ON FILE I 21. IS A SIGNED COPY OF THE FOLLOWING ON FILE AT YOUR AGENCY FOR THIS 22, REQUIRED RESOLUTIONS ARE ATTACHED CONTRACTOR? A.CONTRACTOR CERTIFICATION CLAUSES B. STD.204,VENDOR DATA RECORD ❑ NO ❑ YES N/A n NO El YES N,,A, El NO ED YES F1 N/A 2-3.ARE DISABLED VETERANS BUSINESS ENTERPRISE GOALS REQUIRED? (Ifan amendment,explain changes,ifany) 0 NO(Explain below) n YES (If YES complete the following) DISABLED VETERAN BUSINESS ENTERPRISES: OF AGREEMENT 0 Good faith etfort documentation attached if 3%goal is not reached. n We have determined that the contractor has made a Explain: ❑ sincere good faith effort to meet the goal. Schedule A and Wildland agreements are exempt from DVBE requirements per SCM Section 8.12 24. IS THIS A SMALL BUSINESS CERTIFIED BY OSBCR? SMALL BUSINESS REFERENCE NUMBER ED NO [I YES(Indicate industry Group) 1 25, IS;THIS AGREEMENT(WITH AMENDMENTS)FOR A PERIOD OF TIME LONGER TILkN ONE YEAR? (If VES,provide justification) [Z NO [I YES seri to and is reimbursed by local agency. Local agency has control over the This is an ongoing fire protection agreement in kvhich CALFIRE provides se approval based on fiscal and board restraints;this agreement includes all extension clause to enable CALFIRE to provide continuous,uninterrupted protection to local agencv. I certify that all copies of the referenced Agreement will conform to the original Agreement sent to the Department of Ggneral Services. �-� ,� �ATESIGNIEDD SIGNATURE D f /T Contractor: City of Redlands Contract#. 3CA77073 Paged' EXHIBIT E, SCHEDULE A FISCAL DISPLAY PRC 4'142 NAME OF LOCAL AGENCY City of Redlands Index 3500 PCA 39002 This is Attachment A of Cooperative Agreement originally dated July 1, 2007, by and between the Department of Forestry and Fire Protection of the State of California and LOCAL AGENCY. _X Original Amendment for Fiscal Year 2007_ Number of Acres 4358 Agreement Rate per Acre $15.33 General Fund Revenue per Acre $ 3.82 Ranger Unit Budget per Acre $11.51 Administrative Charge 9.92% GENERAL FUND REVENUE 4358 Acres $3.82 Revenue per Acre $16,647.56 RANGER UNIT BUDGET 4358 Acres $11.51 Budget per Acre $50,160.58 GENERAL/RANGER UNIT FUND REVENUE Subtotal $ 66,808.14 Administrative Charge— 9.92% $ 6,627.36 Grand Total $ 73,435.50 FC-90 (Rev. 5/03)