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HomeMy WebLinkAboutContracts & Agreements_105-2011_CCv0001.pdf STATE OF CALIFORNIA COOPERATIVE FIRE PROGRAMS AGREEMENT NUMBER 3CA01395 LOCAL RESPONSIBILITY AREA WILDLAND PROTECTION! REIMBURSEMENT AGREEMENT REGWRATtON NUMBER LG-W REV 0112011 1. This Agreement is entered into between the 'State Agency and the Local Agency named below: STATE AGENCY'S NAME California Department of Forestry and Fire Protection — (CAL FIRE) LOCAL AGENCY'S NAME City Of Redlands 2, The term of this Agreement is: July I, 2010 through June 30, 2011 3. The maximum amount of this $ 72,264.47 Agreement is: 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 - Include Page 1 (Signature page)and Page 2(Contact page)in page count. pages 2 Exhibit B— Budget Detail and Payment Provisions pages 1 Exhibit C*—General Terms and Conditions; DGS GTC Version: Exhibit D -- Special Terms and Conditions (Attached hereto as part of this Agreement) pages 1 Exhibit E—Additional 'Provisions pages 2 *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: http://www.ols. lgs.ca.govIStandard+Lat7gtiageldefault.htrn IN WITNESS WHEREOF,this Agreement has been executed by the parties hereto. LOCAL AGENCY California Department of General LOCAL AGENCY'S NAME Services Use Only City Of Redlands BY(Authoriz Sig ature) ATTE DATE SIGN ED(Do not type) PRINTED NAME AIWTITLE OF PERSON SIGMNG Pete Aguilar, Mayor Sam Irwin, City Clerk ADDRESS P.O. Box 3005 Redlands, Ca. 92373-1505 STATE OF CALIFORNIA AGENCY NAME California Department of Forestry and Fire Protection BY(Authorized Signature) DATE SIGNED{Drs not type) PRINTED NAME AND TITLE OF PERSON SIGNING Clare Frank,Assistant Deputy Director,Cooperative Fire Protection,Training&Safety I ® ADDRESS 1416 Ninth Street,Sacramento,CA 94244-2460 —— Contractor Name: City Of Redlands Contract No: 3CA01395 -2 - EXHIBIT A COOPERATIVE FIRE PROGRAMS AGREEMENT FOR PROTECTION OF WILDLANDS WITHIN LOCAL AGENCY RESPONSIBILITY AREA 1. The project representatives during the term of this Agreement will be: CAL FIRE Unit Chief: San Bernardino Local Agency: City Of Redlands Name: Doug McKain Name: Jeff'Frazier 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: CAL FIRE Unit Chief: Doug Mckain Local Agency: City Of Redlands Section/Unit: San Bernardino Section/Unit: City Of Redlands Attention: Darren Feldman Attention: Jeff Frazier Address: 3800 N. Sierra Way Address: P.O. Box 3005 Redlands, San Bernardino, Ca. Ca. 92373-1505 92405 Phone: (909)881-6900 Phone: (909)798-7600 Fax: (909)881-6969 f=ax: (909)798-7602 Send an additional copy of all correspondence to: CAL FIRE Cooperative Fire Services P.O. Box 944246 Sacramento, CA 94244-2460 2. AUTHORIZATION This Agreement is entered into this 1st day of July, 2010, 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 California Department of Forestry and Fire Protection (CAL FIRE). 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 3218 acres of land as indicated on the map included under Exhibit E and desires to contract with the STATE to provide wildland fire protection to said area. 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. Contractor Name: City Of Redlands Contract No: 3CA01395 - 3 - 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 wildland 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. 5. 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 Name: City Of Redlands Contract No: 3CA01395 -4 - EXHIBIT B BUDGET DETAIL INVOICING PAYMENT AND RECONCILIATION 1 Invoicing and Payment: A. LOCAL AGENCY shall pay STATE for providing said protection at the rate of $20.22 per acre, plus an 11.06% administrative charge for a total of$72,264.47 upon presentation of an invoice by STATE. The rate per acre and administrative charge 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 assessed 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. C. To minimize the need for reconciliation payment is expected in full after the LOCAL AGENCY receives the STATE invoice. Payments made by the LOCAL AGENCY will cover the protection rate per acre and the administrative charge for the protection services rendered by STATE and including any other costs as provided herein, giving credit for all payments made by LOCAL AGENCY and claiming the balance due to STATE, if any, or refunding to LOCAL AGENCY the amount of any overpayment. Contractor Name: City Of Redlands Contract No: 3CA01395 -5 - 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 due hereunder, shall be cause for the termination of this Agreement; such termination shall become effective upon written receipt of 30 day 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 included under Exhibit E. 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 by LOCAL AGENCY to terminate 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 fails had a new Agreement been entered into. S. Modification This Agreement may be amended at any time by written mutual consent of the parties hereto. 6. Indemnification Each party, to the extent permitted by law, agrees to indemnify and hold harmless the other party, its officers, agents, and employees from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by the indemnifying party. Contractor Name:City Of Redlands Contract No:3CA01395 -6- EXHIBIT E ADDITIONAL PROVISIONS Attachments ❑ Budget Plan ❑ Topographic Map ❑ Operating Plan ❑ Annual Report 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, 2010_, by and between the Department of Forestry and Fire Protection of the State of California and LOCAL AGENCY. _X Original Amendment for Fiscal Year 2010` Number of Acres 3218 Agreement Rate per Acre $20.22 General Fund Revenue per Acre $ 7.05 Ranger Unit Budget per Acre $13.17 Administrative Charge 11.06% GENERAL FUND REVENUE 3218 Acres $7.05 Revenue per Acre $22,686.90 RANGER UNIT BUDGET 3218 Acres $13.17 Budget per Acre $42,381.06 GENERAURANGER UNIT FUND REVENUE Subtotal $ 65,067.96 Administrative Charge — 11.06% $ 7,196.51 Grand Total $ 72,264.47 FC-90 (Rev. 5/03)