Loading...
HomeMy WebLinkAboutContracts & Agreements_100-2019STATE OF CALIFORNIA COOPERATIVE FIRE PROGRAMS LOCAL RESPONSIBILITY AREA WILDLAND PROTECTION REIMBURSEMENT AGREEMENT LG W REV 0112017 AGREEMENT NUMBER 3CA04398 REGISTRATION NUMBER 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 1, 2019 through June 30, 2020 3 The maximum amount of this Agreement is $ 107,144 55 One Hundred Seven Thousand One Hundred Forty Four Dollars and Fifty Five 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 — Includes page 2 (contact page) in count for Exhibit A 3 pages Exhibit B — Budget Detail and Payment Provisions 2 pages Exhibit C'` — General Terms and Conditions, DGS GTC Version 04/2017 0 pages Exhibit D — Special Terms and Conditions (Attached hereto as part of this Agreement) 1 pages Exhibit E — Additional Provisions 6 pages *Items shown with an Asterisk (*), are hereby incorporated by reference and made part of this Agreement as if attached hereto. General Terms and Conditions can be viewed at http.//www dgs ca gov/ols IN WITNESS WHEREOF this Agreement has been executed by the parties hereto LOCAL AGENCY LOCAL AGENCY'S NAME City of Redlands BY (Authorized Signature) ,fik5 .11 PRINTED NAME AND TITLE OF PERSON SIGNING Paul W Foster, Mayor City of Redlands DATE SIGNED{po not type) /411 California Department of General Services Use Only ADDRESS PO Box 3005 Redlands CA 92373-1505 STATE OF CALIFORNIA AGENCY NAME Ca • nia De rtmerDt of Forestry and Fire Protection APPROVED NE 1 4 2019 OFFICE of LEGAL SERVICES pEPT. OF GENFRAL SERVICES DATE S€GNED(Do not type) PRINTED NAME A D TITLE OF PERSON SIGNING Don Gordon, Assistant Deputy Director, Cooperative Fire Protection Training & Safety 1 01 ADDRESS P 0 Box 944246, Sacramento, CA 94244-2460 Contractor Name City of Redlands Contract No 3CA04398 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 Glenn Barley Local Agency City of Redlands Name San Bernardino Unit Name Nathan Cooke 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 Glenn Barley Local Agency City of Redlands Section/Unit San Bernardino Unit Section/Unit Attention Shane Littlefield Attention Nathan Cooke Address 3800 N Sierra Way Address PO Box 3005 San Bernardino CA Redlands CA 92373-1505 92405 Phone 909 881 6900 Phone 909 798-7600 Fax 909 881-6969 Fax 909 798-7602 Send an additional copy of all correspondence to CAL FIRE Cooperative Fire Services P 0 Box 944246 Sacramento, CA 94244-2460 2. AUTHORIZATION This Agreement is entered into this 1st day of July, 2019, 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 wiidland fire protection 3 SCOPE OF WORK LOCAL AGENCY has the responsibility for protection of life, property, and wildland areas comprising 2900 acres of land as indicated on the map included under Exhibit E and desires to contract with the STATE to provide midland fire protection to said area Contractor Name City of Redlands Contract No 3CA04398 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 3CA04398 -4- 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 midland 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 3CA04398 -5- 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 $32 85 per acre plus an 12 47% administrative charge for a total of $107 144 55 upon presentatron 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 2 Budget Contingency Clause A If the LOCAL AGENCY's governing authority does not appropriate sufficient funds for the current year or any subsequent years covered under this Agreement, which results in an inability to pay the STATE for the services specified in this Agreement, the LOCAL AGENCY shall promptly notify the STATE and this Agreement will terminate pursuant to the notice periods required herein B If funding for any fiscal year is reduced or deleted by the LOCAL AGENCY for purposes of this program, the LOCAL AGENCY shall promptly notify the STATE, and the STATE shall have the option to either cancel this Agreement with no liability occurring to the STATE, or offer an agreement amendment to LOCAL AGENCY to reflect the reduced amount, pursuant to the notice terms herein C If the STATE Budget Act does not appropriate sufficient funds to provide the services for the current year or any subsequent years covered under this Agreement, which results in an inability to provide the services specified in this Agreement to the LOCAL AGENCY, the STATE shall promptly notify the LOCAL AGENCY, and this Agreement will terminate pursuant to the notice periods required herein Contractor Name City of Redlands Contract No 3CA04398 -6- D If funding for any fiscal year is reduced or deleted by the STATE Budget Act for purposes of this program, the STATE shall promptly notify the LOCAL AGENCY, and the LOCAL AGENCY shall have the option to either cancel this Agreement with no liability occurring to the LOCAL AGENCY, or offer an agreement amendment to LOCAL AGENCY to reflect the reduced services, pursuant to the notice terms herein E Notwithstanding the foregoing provisions in paragraphs A and B above the LOCAL AGENCY shall remain responsible for payment for all services actually rendered by the STATE under this Agreement regardless of LOCAL AGENCY funding being reduced deleted or not otherwise appropriated for this program The LOCAL AGENCY shall promptly notify the STATE in writing of any budgetary changes that would impact this Agreement F LOCAL AGENCY and STATE agree that this Budget Contingency Clause shall not relieve or excuse either party from its obligation(s) to provide timely notice as may be required elsewhere in this Agreement Contractor Name City of Redlands Contract No 3CA04398 7 - 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 Operattnq 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 after 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 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 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 3CA04398 _g EXHIBIT E ADDITIONAL PROVISIONS Attachments ® Budget Plan ® Topographic Map ® Operating Plan ❑ Annual Report Contract Name City of Redlands Contract # 3CA04398 Page # LOCAL RESPONSIBILITY AREA (LRA) WILDLAND PROTECTION REIMBURSEMENT AGREEMENT Program Cost Account (PCA #) 39002 THIS IS THE BUDGET PLAN FOR THE LOCAL RESPONSIBILITY AREA (LRA) WILDLAND FIRE PROTECTION REIMBURSEMENT AGREEMENT BETWEEN THE STATE OF CALIFORNIA DEPARTMENT OF FORESTRY & FIRE PROTECTION (CAL FIRE) AND THE CITY1TOWN OF City of Redlands A LOCAL AGENCY FOR THE 201912020 FISCAL YEAR AGREEMENT COST CALCULATIONS Number of Acres 2900 Genera[ Fund Reimbursement $ 12 30 $ 35,670 00 Unit Budget $ 20 55 $ 59,595 00 Sub -Total $ 95,265 00 Admin Rate 12 47% $ 11,879 55 Total Protection Cost Comments Section $ 107,144.55 9 Redlands 2019-2020 Wildland Contract Map City of Redlands Contract# 3CA04398 Page 10 w m mmimirm Miles o 05 1 2 1 24,000 Legend Re Atsc.1 0.7s• County 0oundry tOghwnys Randa Redtands_Coroact 2900 acres Leen s_L i n da_ C oni rae t 1982 acres rsiA LRA SRA CAL FIRE SINCE lees City of Redlands Contract 3CA04398 Pagel1 REDLANDS WILDLAND CONTRACT AREA OPERATIONAL PLAN Between CALIFORNIA DEPARTMENT OF FORESTRY and FIRE PROTECTION (CAL FIRE), San Bernardino Unit, And REDLANDS FIRE DEPARTMENT Purpose The purpose of this operating plan is to increase and/or enhance the fire ground operations within the California Department of Forestry and Fire Protection (CAL FIRE) San Bernardino Unit Redlands Wildland Contract area including mutual threat zones This plan would allow responding agencies to pre -designate the Unified Ordering point, VHF Radio Frequencies, establishment of a Unified Command structure for wildland fires in the contract area Proposal 1 The proposed plan is to a Suppress Wildland fires within the contract area and/or mutual threat zone 2 Area involved, a See attached map, Redlands Wildland Contract area inclusive of mutual threat zones Procedures 1 Regardless of which agency Company Officer is on scene of the incident first, the first arriving Company Officer shall, a Assume command, b Establish jurisdiction, c Determine threats with potential, d Provide a report on conditions, e Formulate and effect a plan of action, f Prioritize control objectives, g Life, Property and Natural Resources, h Request additional resources as appropriate, i Estabhsh the Unified Ordering Point 2 The Unified Ordering Point shall be the California Department of Forestry and Fire Protection (CAL FIRE) San Bernardino Unit Emergency Command Center (BDCC) 3 Regardless of which agency Chief Officer is on scene of the incident first, City of Redlands Contract 3CA04398 Page12 a The first arriving Chief Officer will transition command from the initial attack incident commander b Announce and assume command c Establish an Incident Command Post 4 Wildland fires will be managed via Unified Command structure affording all agencies with jurisdictional responsibility to establish a common set of objectives and strategies 5 Common communications shall be established utilizing the FIRESCOPE Statewide channel plan with the following VHF frequencies a Command 1 Common command frequency assigned by the BDCC b Tactical 11 Common tactical frequencies assigned by the BDCC c Air to Ground in Common air to ground frequencies assigned by the BDCC d Note California Department of Forestry and Fire Protection (CAL FIRE) San Bernardino Unit Emergency Command Center (BDCC) will make every effort to assign VHF frequencies utilizing the pre -designated frequency chart below VHF FREQUENCIES BDU L1 151 4450 159 3900 BDU LOCAL 1 CDF C1 151 3550 159 3000 CDF COMMAND 1 CDF C2 151 2650 159 3300 CDF COMMAND 2 CDF C3 151 3400 159 3450 CDF COMMAND 3 CDF T5 151 2500 151 2500 CDF TRC 5 CDF T8 151 3700 151 3700 CDF TAC 8 CDF AIG 151 2200 151 2200 CDF AIR TO GND NET VFIRE22 154 2650 154 2650 VFIRE22 VFIRE23 154 2950 154 2950 VFIRE23 6 Wildland fires in jurisdictions outside of the Redlands Wildland Contract area that are deemed an immanent threat to Redlands Wildland Contract area or mutual threat zone a Immediate notification will be made to BDCC BDCC will in turn notify Redlands Fire Department via San Bernardino County Communications Center (XBOC) 7 For Wildland fires originating in the Redlands Wildland Contract area or mutual threat zone, Cal Fire will dispatch resources based on the Low, Medium or High dispatch levels, as well as by the closest resource concept Additional resources may be responded based upon initial reports RESPONSE LEVELS STATE RESOURCES HIGH MEDIUM LOW Engines 5 4 2 Dozers 1 1 - Crews 2 2 - City of Redlands Contract 3CA04398 Helicopter 1 1 - Air Tanker 2 - - Air Attack 1 - - Battalion Chief 1 1 1 Repair of Fire Suppression Damage Pagel3 1 The nature of fire and other emergency activity work invites accidents, injuries, and general confusion In addition, fire control forces may take actions that are reasonably necessary to control a fire or other emergency but which are damaging to property Such actions will be considered reasonable and proper if good judgment is used by responsible personnel according to the conditions that exist at the time of the action CAL FIRE is not obligated or authorized to make actual expenditures or efforts to repair or replace private property 2 Advise those claimants who insist upon taking formal action to correspond with the Secretary, State Board of Control, P 0 Box 3035, 926 J Street, Suite 300, Sacramento, 5814 The claimant may be supplied by the Board of Control with a copy of form STD 275, entitled, Damage Claims Against the State of California Fire Information 1 Joint fire information dissemination as determined and approved by the Unified Incident Commanders General Procedures 1 Plan to be reviewed and updated as necessary prior to June 30th Administrative listings 1 California Department of Forestry and Fire Protection (CAL FIRE) San Bernardino Unit Head Quarters 3800 N Sierra Way San Bernardino, CA 92406 (909) 881-6900 2 Redlands Fire Department 35 Cajon St # 12 Redlands, CA 92373-4746 (909) 798-7600