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HomeMy WebLinkAboutContracts & Agreements_32-2007_CCv0001.pdf STATE OF CALIFORNIA—THE RESOURCES AGENCY Arnold Schwarzenegger,Govemc DEPARTMENT OF FORESTRY AND FIRE PROTECTION 3800 N. Sierra Way San Bernardino,CA 92405 - (909)881-6900 Tom O'Keefe, Unit Chief To. Jim Drabinski, Fire Chief Date January 9, 2007 City of Redlands P.O. Box 3005 Redlands, Ca. 92373 Dear Chief Drabinski, Contract#3CA55093 between the California Department of Forestry and Fire Protection and the City of Redlands provides for the protection of 4358 acres of wildlands within the City of Redlands. Annual amendments are required to reflect any changes in CDF's costs for providing this service. The cost for Fiscal Year 06107 is now$13.22 per acre. The total cost is$62,855.52 including an administrative fee of 9.10%. Enclosed for your review is a copy of Exhibit E, Schedule A, the Fire Protection Reimbursement Agreement, and 4 original copies of the Standard 213 form. Please sign and date the 4 original Standard 213 forms and return them to me at your earliest convenience, along with the certified Board Minutes authorizing the agreement. If you have any concerns regarding this matter please feel free to contact me at(909) 881-6900. ly, Darren Feldman Administrative Chief CONSERVATION IS WISE-KEEP CALIFORNIA GREEN AND GOLDEN PLEASE REMEMBER TO CONSERVE ENERGY. FOR TIPS AND INFORMATION,VISIT"FLEX YOUR POWER"AT WWW.CA.GOV. STATE OF CALIFORNIA STANDARD AGREEMENT 3(Rev 06/03) AGREEMENT NUMBER Ad ANN REGISTRATION NUMBER I 1. This Agreement is entered into between the State Agency and the Contractor named below: STATE AGENCY'S NAME California Department of Forestry and Fire Protection CONTRACTOR'S NAME City of Redlands 2. The term of this 7/1/06 through 6/30/07 Agreement is: 3. The maximum amount $ 62,855.52 of this Agreement is: .,�i' «�''�,,"", .� —"�,,�,�r �.. ,� �r°.�. "•,�`�`�'" �.r ,s- �"'y, ,�° _ .fir- . 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 Exhibit B— Budget Detail and Payment Provisions Exhibit C*— General Terms and Conditions GTC 306 Check mark one item below as Exhibit D: Effective 3123106 8 Exhibit- D Special Terms and Conditions (Attached hereto as part of this agreement) _ 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.govtStandard+Language IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto. CONTRACTOR California Department of General ---� Services Use Only CONTRACTOR'S NAME(if other than an individual,state whether a corporation,partnership,etc.) City of Redlands BY(Auth e. Signn#atur f DATE tSIGNED(I„)o rant ttpc) PRI D NAME AND TITLE OF PERSON SIGNING .ATTEST� ! on Harrison, Mayor Lorrie Clerk ADDRESS P.O. Box 3005 Redlands Ca 923738 I STATE OF CALIFORNIA AGENCY NAME California Departrn t of forestry and Fire Protection 1 �r � 5Y E'Authorized atu DATE S' r i IC.IN . 4 fi F' P; .r 1 u ', ' PR.Ken Plrr1otf � 31GNING � - Assistant Deputy Director j ❑ Exempt per, ie f Fire Protection ADL ­ 1416 Ninth Street, Sacramentc), CA 9421144-2460 i . . Contractor: City ofRedlands CondnaotNo �~3f���QA8-��,�������� PuAe) , EXHIBIT A COOPERATIVE FIRE PROGRAMS AGREEMENT FOR PROTECTION OF WILDLANDS WITHIN LOCAL AGENCY 1. The project n*prosentet|VeSdu[ingth8tarOnfthis agreement will be: Department of Forestry and Fire Protection Unit Local Agency: City of Redlands 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 U 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 anadditional copy ofall 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 1m day ofJu|y.2OOG. by and between the State of California, hereinafter called STATE and City of Red|ands. County of San Bernardino, State of California, hereinafter called Local Agency through its duly authorized officers. An used herein, Director shall mean Director of the California [}epodnleDt of Forestry and Fina Protection. Where the standard clauses for example in Exhibit C. use the word "CuntmmntOr"that word ehe|| rneoO LOCAL AGENCY esLOCAL AGENCY iSused inthis agreement. Section 4142 of the Public Resources Coda provides that the 0rao!nr 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 |ifa, pnopeAy, and wi|d|and areas comprising 4368 acres ofland as indicated on the map attached hereto and marked Exhibit E. Attachment 1, and desires to contract with the STATE to providewi|d!and One protection to said area, STATE has the ability to provide wi!d}and fire protection for said area, of the type and degree, which it now provides on adjacent State Responsibility Areas, . . . . Contractor: City ofRedlands Contract No.:. 8������9��-��� " ^ PmgeJ - SERVICES BY STATE A. STATE shall provide vjN|andfire protectionfor the areas defined inthe above section. B. For those ereen, which are adjacent to State Responsibility Area, STATE will provide vi|d|mnd 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 wi|d|and fina protection provided by the STATE will be limited to those resources identified in the pm:p|mnned vvi|d|mnd response for the respective area. Any resources beyond those specified in the pnap|annmd vvi|d|and response are assistance by hire and the financial responsibility nfthe LOCAL AGENCY. 5. ADMINISTRATION A. LOCAL AGENCY egneao that STATE may dispatch fire protection resources available under this agreement to other areas of the state when needed at the solo discretion of ST/TE. B. STATE response will besubject toavailability ofresources. C. Incident Management within the contract area shall conform to current Incident Command System criteria for Unified Command. D. GT/Q-E and LOCAL AGENCY shall, through established dispatch pnuoedunas, immediately notify each other ofany fire incident within the contract area. G. MUTUAL AID LOCAL AGENCY shall provide mutual aid response into the contract area for wildfires. Structural finr protection remains the jurisdictional and financial responsibility of LOCAL AGENCY. ?. ENTIRE AGREEMENT This agreement contains the whole agreement between the parties. It cancels and supersedes any previous agreement for the same nrsimilar services. . . ' . Contractor: City ofRedlands , ContractNo ^ Page�� EXHIBIT BUDGET DETAIL AND PAYMENT PROVISIONS Invoicing and Payment: A. LOCAL AGENCY shall pay STATE for providing said protection at the rate of 13.22 per acre, plus an 9.196 administrative charge for etotal of$62,855.52 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 thenmoRer, for the succeeding hmcn| year subject to approval by LOCAL AGENCY. This agreement shall beamended each fiscal year toreflect 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 pehud. STATE's obligations hereunder shall terminate; LOCAL AGENCY shall be liable for all amounts duo up to and including the date of such termination. . . ^ Contractor: City ofRedlands , Contract NV.:WA55Hf�-��Z��«������� ` Pagev EXHIBIT GENERAL TERMS AND CONDITIONS PLEASE NOTE: This page will not beincluded with the final agreement. The General Terms and Conditions will beincluded inthe agreement byreference b» Internet site: . ^ . Contractor: City ofRedlands Contract No.: 6, �;2,,� - ragao# EXHIBIT SPECIAL TERMS AND CONDITIONS f. 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 b* confined tothose matters connected with padbnnonue of the agreement induding, 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 e joint Operating Plan for the contract area,which shall beattached hereto as "Exhibit E, Attachment 4^ |fLOCAL AGENCY received its structural fire protection from another local agency, the local agency providing the structural fire protection must beparty tothe 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 anew agreement been entered into. 5. Modification This agreement may be amended at any time by written mutual consent of the parties hereto. -' 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, oQentm, and subcontractors in connection with the performance ofthis Agreement. . . - ` Contractor: City ufRedlands ` ContnactNo�:�f�4&6�A�f�3�� �������� _ pa8e^P' EXHIBIT E ADDITIONAL PROVISIONS ATTACHMENTS 1) Budget Plan 2\ Topographic Map 3) Narnative/OperobnQP|an El 4) Annual Report The additional documentation listed below isrequired byC[}F. 1) C[}F Review Certification Form (signatures) 2) Routing Checklist 3) Local Agency's Governing Board Resolution orMinutes (provide 2copiem) 4) Budget Plan (provide 4extra copies) Co-intractor: City of Redlands C'mract No.: '-rt PaQ;eq 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, 2006 , by and between the Department of Forestry and Fire Protection of the State of California and LOCAL AGENCY. _XOriginalAmendment for Fiscal Year 2006 Number of Acres 4358 Agreement Rate per Acre $13.22 General Fund Revenue per Acre $ 3.30 Ranger Unit Budget per Acre $ 9.92 Administrative Charge 9.1% GENERAL FUND REVENUE 4358 Acres $3.30 Revenue per Acre $14,381.40 RANGER UNIT BUDGET 4358 Acres $9.92 Budget per Acre $43,231.36 GENERAL/RANGER UNIT FUND REVENUE Subtotal $ 57,621.76 Administrative Charge— 9.1% $ 5,242.76 Grand Total $ 62,855.52 FC-90 (Rev, 5/03) AlGiEEMENT SUMMARY AGREEMENT NUMBER AMENDMENT NUMBER STD 215(Rev 4/2002) "TIECK HERE IF ADDITIONAL PAGES ARE ATTACHED 1� 1. UM 2. FEDERAL I.D.NL City of Redlands - 3. kCiENCYTRi1\SMI'rTING ACYREENIENT 4. DIVISION,Bt,REAt",,QROTHER l--\I'I' 5. AGENCY BILLING CODE Forestry and Fire Protection 013028 6, NAME AND TELEPHONE NUMBER OF CONTRACT ANALYST FOR QUESTIONS REG DING THIS AGREEMENT Jolene DeGroot, 916/654-6833/,,_ T HAS YOUR AGENCY CONTRACTED FO THESE SERVICES BEFORE? F] NO X YES(If YES,enter prior contractor teA56693- 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 shall provide fire protection services pursuant to Pijhlic Resources Code Sections 4142 and/or 4144. This Schedule A Wildland Agreement falls under two *The Contract is an interagency or of the exceptions listed in the DGS Administrative revenue/reimbursement agreement,there are 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. PAYMENT TERMS(Adore than one may aprny) El MONTHLY FLAT RATE n QUARTERLY El ONE-TIME PAYMENT ❑ PROGRESS PAYMENT ❑ ITEMIZED INVOICE El WITHHOLD % El ADVANCED PAYMENT NOT TO EXCEED REIMBURSEMENT/REVENUE or % El OTHER (Explain) I L PROJECTED EXPENDITURES PROJECTED FUND TITLE ITEM F.Y. CHAPTER STATUTE EXPENDITURES Reimbursement OBJECT CODE AGREEMENT TOTAL Z, .k%I,UN r ENCUt,1BERED BY T14IS DOCUMENT OPTIONAL USE $ 4?, S r r I CE'RTIF'Y upon my own personal knowledge that the budgeted./unds.for the current budget year PRIOR ANIOUNT ENCUMBERED FOR'PHIS AGREENIENT are available for the period and purpose of the expenditure stated above. S ACCOUNTING OFFICER'S SIGNATURE DATE SIGNED TOTAL AMOU-NUENCUMBERED TO DATE ,e S 12, TERM TOTAL COST OF AGREEMENT From Through THIS TRANSACTION BID,SOLE SOURCE,kX—EN-191-1 Orioinal 7-1-06 6-30-07 $ 62.855.52 Amendment No- I Amendment No.2 Amendment No.3 TOTAL S 62,855.52 (Continue) STATE OFC i IFORNIA AGREEMENT SUMMAR`�J STD,215(NEW 0'2/98) 13 'DJs=w:G METHOD USED: F-1 REQUEST FOR PROPOSAL(REP) INVITATION FORBID(IFB) USE OF MASTER SERVICE AGREEMENT (4 ttachJustification if secondary method is used) SOLE SOURCE CONTRACT ❑ EXEMPT FROM BIDDING OTHER (Evi.m-) (Attach STD.821) (Crive authorhy.for exempt status) Reimbursement NOTE Proof of advertisement In the State Contracts Register or an approved form STD,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. I& FOR AGREEMENTS IN EXCESS OF 19. HAVE CONFLICT OF INTEREST ISSUES 20. FOR CONSULTING AGREEMENTS,DID YOU REVIEW 55,000, 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 0 YES Z NiA El NO 0 YES N/A D NO ❑ YES ❑ NONE N/A ON FILE 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 [I NO 0 YES 0 N/A n NO n YES ED N/A n NO 21 YES ❑ N,'A 23.ARE DISABLED VETERANS BUSINESS ENTERPRISE GOALS REQUIRED? (1fan amendment,explain changes,tfany) El NO(Explain belou) 0 YES (If YES complete thefiollouling) DISABLE])VETERAN BUSINESS ENTERPRISES: % OF AGREEMENT ❑ Good faith effort documentation attached if 3%goal is not reached. 1-,'xp la in. rl We have determined that the contractor has made a 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? SIvLALL BUSINESS REFERENCE NUMBER 0 No El YES(IndicateIndu-stry Group) 25. IS THIS AGREEMENT(WITH AMENDMENTS)FOR A PERIOD OFTIME LONGER THAN ONE YEAR" (If}'F'S,provide ju,strl cation) NO ❑ YES I certify that all copies of the referenced Agreement will conform to the Iorigin tal Agreement sent to the Department of General Services. SIGNATUREI/TITLE DATE SIGNED 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, 2006 by and between the Department of Forestry and Fire Protection of the State of Calif6—mia and LOCAL AGENCY. _XOriginalAmendment for Fiscal Year 2006 Number of Acres 4358 Agreement Rate per Acre $13.22 General Fund Revenue per Acre $ 3.30 Ranger Unit Budget per Acre $ 9.92 Administrative Charge 9.1% GENERAL FUND REVENUE 4358 Acres $3.30 Revenue per Acre $14,381.40 RANGER UNIT BUDGET 4358 Acres $9.92 Budget per Acre $43,231.36 GENERAURANGER UNIT FUND REVENUE Subtotal $ 57,621.76 Administrative Charge- 9.1% $ 5,242.76 Grand Total $ 62,855.52 FC-90 (Rev. 5/03)