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AGREEMENT FOR FIRE PROTECTION OF WILDLAND pp I
WITHIN INCORPORATED CITY sORIri "U, I
ull ' m
THIS AGREEMENT, made this ---1.5th day Of ---.June 1993 , by
and between the State of California, Department of Forestry and
Fire Protection, through its duly appointed and qualified Director,
hereinafter called STATE, and the CITY OF REDLANDS, County of San
Bernardino, State of California, hereinafter called CITY.
R E C 1 T A L S
1. 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.
2. CITY has the responsibility for protection of life,
property, and wildland areas comprising 4,480 acres of
land as indicated on the plat attached hereto and marked
"Exhibit All , and desires to contract with the STATE to
provide wildland fire protection to said area.
3 . STATE has the ability to provide basic wildland fire
protection for said area, of the type and degree which it
now provides on adjacent State Responsibility Areas.
4. STATE shall provide basic wildland fire protection for
the area defined in Paragraph 2 , above, at the same level
of service it now provides on adjacent State
Responsibility Area.
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5. CITY shall pay STATE for providing said protection at the
rate of $6.00 per acre, plus an 11 .13% administrative
charge for a total of $29,872 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 CITY.
6. STATE will not purchase additional equipment or hire
extra personnel for performance of this contract.
7. CITY 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.
8 . STATE resources shall not be required to be available
during non-fire season, typically January 1 to April 30;
STATE shall provide CITY notice of the commencement and
the end of declared fire season.
9 . Incident Management within the contract area shall
conform to current Incident Command System criteria for
Unified Command.
10. CITY shall provide mutual aid response into the contract
area for wildfires.
11. STATE and CITY shall, through established dispatch
procedures, immediately notify each other of any fire
incident within the contract area.
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12. Prior to April 1 of each year, STATE and CITY shall
establish a joint operating Plan and Fire Prevention Plan
for the contract area.
13. STATE shall provide thirty (30) days written notice to
CITY of the rate per acre to be charged for each
subsequent year during the term of this agreement; CITY
shall have thirty (30) days to approve said rate; if
written approval is not received by STATE within said
period, STATE's obligation hereunder shall terminate;
CITY shall be liable for all amounts due up to and
including the date of such termination.
14. To the extent that the Constitution and the laws of the
State of California permit, STATE and CITY 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 acts or negligence of the other party, its
officers, employees, agents, and subcontractors in
connection with the performance of this Agreement.
15. If the contract is over $10,000, contracting 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 contract. Examination and audit shall
be confined to those matters connected with performance
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of the contract including, but not limited to, cost of
administering contract.
16. The contact person for the STATE is:
David J. Driscoll , Ranger Unit Chief
3800 Sierra Way, San Bernardino, CA 92405
(714) 881-6900
The contact person for the CITY is:
Charles G. DeMirjyn, Mayor
Post Office Box 3005, Redlands, CA 92373
(909) 798-7531
17. Failure of either party to meet any of the terms and
conditions of this agreement, including nonpayment of
monies due hereunder, shall be cause for the termination
of this agreement; such termination shall become
effective upon receipt of written notice of cancellation.
18. The term of this agreement is from September 19, 1993 to
June 30, 1996.
19. During the performance of this contract, contractor and
its subcontractors shall not lawfully discriminate
against any employee or applicant for employment because
of race, religion, color, national origin, ancestry,
physical handicap, medical condition, marital status, age
(over 40) or sex. Contractors and subcontractors shall
insure that the evaluation and treatment of their
employees and applicants for employment are free of such
discrimination. Contractors and subcontractors shall
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Housing Act (Government Code, Section 12900 et seq. ) and
the applicable regulations promulgated thereunder
(California Administrative Code, Title 2, Section 7285.0
et seq. ) . The applicable regulations of the Fair
Employment and Housing Commission implementing Government
Code, Section 12990, set forth in Chapter 5 of Division
4 of Title 2 of the California Administrative Code are
incorporated into this contract by reference and made a
part hereof as if set forth in full . Contractor and its
subcontractors shall give written notice of their
obligations under this clause to labor organizations with
which they have a collective bargaining or other
agreement.
20. This contractor shall include the nondiscrimination and
compliance provisions of this clause in all subcontracts
to perform work under this contract.
21. The following are definitions of terms used in this
Agreement.
BASIC FIRE PROTECTION: That level of fire protection which
CDF provides to the State Responsibility Areas throughout
California.
FIRE gREVENTION• Includes all aspects of preventing forest
fires.
FIRE PROTECTION: Is a general term implying an overall
defense against forest fires. It consists Of two major
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elements; re prevention and fire can-- of (which implies fire
containment and/or suppression or extinguishment) .
FIRE SUPPRESS_ Refers to extinguishing or "putting out,,
forest fires.
NON-FIRE SEASON That period of time in fall , winter, and
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spring that wildfires are not likely to occur.
STATE RESPONSIBILITY AREA
(-5JR&.L_ Refers to those lands
classified by the State Board of Forestry (under P.R.C. 4225
and following) and being the areas in which the financial
responsibility for preventing and suppressing fires (excluding
those on Federally-controlled lands, or those within CITY
limits) is primarily the responsibility of the State.
WILDFIRE• Means a fire burning uncontrolled on lands covered
wholly in part by timber, brush, grass, grain, or other
flammanie vegetation.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement
as of the date first hereinabove written.
APPROVED AND RECOMMENDED
APPROVED AND RECOMMENDED
FOR EXECUTION BY THE
CALIFORNIA DEPARTMENT OF FOR EXECUTION BY CITY OF REDLANDS
FORESTRY AND FIRE ROTECTION
By
1 `1
Signature By —k
Si ure
William Harrin ton `
Printed Name
Acting Deputy Director Printed Name
Tile for Fire Protection
Title
Date
Date
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APPROVED ANIS RECOMMENDED CI
FOR EXECUTION BY THE 'T'Y OF �2EDLANZ?S, CALIFORNIA
CALIFORNIA DEPARTMENT OF
FORESTRY AND FIRE PROTECTION
REGION III HEADQUARTERS ��✓
a Yc ryas L5` it yn'
By
S g store Dated: Jun 15, 1993
ATTEST
Printed Name
TitleDate tA:
City �lerk
t Redlands
Dated: June 351
APPROVED AND RECOMMENDED 11
FOR. EXECUTION BY THE
CALIFORNIA DEPAR'T'MENT OF
FORESTRY AND ;FIRE PROTECTION"
SART BERNARDINO RANGER UNIT
By
Signature
Printed Name
Title
Date
APPROVED ANIS RECOMMENDED
FOR EXECUTION BY GENERAL
EPARTMENT
Signature
- 1993 }
G ,
8 Pri21t N31@
Titl
, fCM-
Date
µ , 6
CI'T'Y COUNSEL
CITY OF REDLANDS
STATE OF CALIFORNIA
June 15 , 1993 , AT seven O'CLOCK P ,M.
WILDLAND FIRE PROTECTION AGREEMENT
AUTHORIZING THE MAYOR TO SIGN AGREEMENT
WITH STATE DEPAR'T'MENT OF FORESTRY AND FIRE PROTECTION
An Agreement by and between the State of California, Department
of Forestry and Fire Protection and the City of Redlands for
wildland fire protection of certain lands in the City designated as
State Responsibility Areas is presented to the Counsel, and it
appearing to the Counsel that said Agreement has been approved by
the City Attorney as to form and legality, upon motion of
Councilman Faster
and seconded by Councilman
Cunningham and duly carried, it is ordered and directed
that said Agreement for services identifying the cost rates
beginning July 1, 1993 is hereby approved, that the Mayor of the
City is authorized to sign said Agreement for and on behalf of the
City of Redlands, and the Clerk attest the same and affix thereto
the Seal of the City.
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C;11 o Q�e��ak�Gs
I, Lorrie Poyzer, City Clerk of the City of Redlands, California, do hereby certify
under penalty of perjury that the following is a true and correct excerpt from the minutes of
the City Council meeting held on June 15, 1993:
"On motion of Councilmember Foster, seconded by Councilmember Cunningham,
Council unanimously approved Resolution No. 4994, a resolution of the City Council
of the City of Redlands, California approving participation with California Department
of Forestry and Fire Protection for fire protection of wildlands within the incorporated
City of Redlands."
The undersigned further certifies that the above action has not been repealed or
amended and remains in full force and effect .
WITNESS my hand and the official seal of the City of Redlands, California, this 16th
day of July, 1993.
Eorre Po zer, City C,
City of Redlands, Calii'o is
P.O. BOX 3005 REDLANDS, CA 92373
t
Y RESOLUTION NO. 4994
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A RESOLUTIONOF THE CITY COUNCIL OF THE CITY OF REDLANDS,
$ CALIFORNIA, APPROVING PARTICIPATION WITH CALIFORNIA
DEPARTMENT OF FORESTRY AND FIRE PROTECTION FOR FIRE
PROTECTION OF WILDLANDS WITHIN THE INCORPORATED CITY OF
' REDLANDS .
BE IT RESOLVED by the City Council of the City of
Redlands as follows :
WHEREAS, the City of Redlands, San Bernardino County,
California, is within the jurisdiction of the California
Department of Forestry (CDF) , the agency responsible for
Wildland fire protection in State Responsibility Area (SRA) ;
and
WHEREAS, the CDF has a policy that provides for
cooperative agreements with local jurisdiction for the
purpose of fire prevention, fire control and extinguishment
of Wildland fire; and
WHEREAS, the City does not have or is in the position to
acquire the necessary resources to effectively confine,
control and extinguish a major Wildland fire; and
WHEREAS, joint participation will provide for cost
effective Wildland fire control ;
NOW THEREFORE, BE IT RESOLVED by the City Council of the
City of Redlands as follows :
Section 1 The City of Redlands agrees to participate in
an Agreement for Fire Protection of Wildlands between
the State of California Department of Forestry and Fire
Protection .
Section 2 The City of Redlands will allocate funding in
the amount of $29, 872 . 00, the cost of the agreement, to
be transferred to the California Department of Forestry
and Fire Protection.
Section 3 The City of Redlands will authorize Charles
C. DeMirjyn to sign on behalf of the City.
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F
Section 4 The City of Redlands will authorize the Fire
Chief or his designee to represent the City as a member
of the Operations and Fire Prevention Technical
Committee to be formed and coordinated by the City.
PASSED, APPROVED AND ADOPTED the 15th day of June, 1993 .
Mayor of ;tke 6f
Redlands
ATTEST
City Cl rk -`
I , Lorrie Poyzer, City Clerk of the City of Redlands , do hereby
certify that the foregoing resolution was duly adopted by the
City Council at a regular meeting thereof held on the 15th day
Of June, 1993, by the following vote :
AYES : Councilmembers Larson, Cunningham, Milson, Foster ;
Mayor DeMirjyn
NOES : None
ABSENT: None
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City_ erk
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