HomeMy WebLinkAboutContracts & Agreements_37-1990_CCv0001.pdf AGREEMENT FOR FIRE PROTECTION OF WILDLANDS
WITHIN INCORPORATED CITY
THIS AGREEMENT, made this _-1-811—day of September, 1990 , 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 I T A L S
1 . Section 4142 of the Public Resources Code and 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 A" , 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 services 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 per acre, plus an 11. 13%
administrative charge for a total of $29,881. 60 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
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 written notice of the
commencement and the end of declared fire season ten
(10) days prior to such dates.
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 of the contract including, but not
limited to, cost of administering contract.
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16. The contact person for the STATE is:
DAVID J. DRISCOLL, Ranger Unit Chief
3800 Sierra Way, San Bernardino, CA 92405
(714 ) 882-1226
The contact person for the CITY is:
Chief- -Raymond -B. Mills
City of Redlands, P.O._ Box 3005,
Redlands, CA 92373 {?14) 798-?600
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 18, 1990
to -September _18,_ 1993 .
19. 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 PREVENTION: 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 elements; fire prevention and fire control (which
implies fire containment and/or suppression or
extinguishment) .
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FIRE SUPPRESSION: Refers to extinguishing or "putting
out" forest fires.
NON-FIRE SEASON: That period of time in fall, winter,
and spring that wildfires are not likely to occur.
STATE RESPONSIBILITY AREA (SRA) : Refers to those
lands classified by the State Board of Forestry (under
P.R.C. 4125 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 flammable 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 FOR EXECUTIVE BY REDLANDS
CALIFORNIA DEPARTMENT OF
FORESTRY AND FIRE PROTECTION
A
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By
Signature Si atu:��
Charles G. DeMJ r j yn
Printed Name Printed Name
Tile Title Ntayor
Date Date-, Rpnf P hpr 1 q 19 9.0
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APPROVED AND RECOMMENDED CITY OF REDLANDSr
FOR EXECUTION BY THE CITY CLERK
CALIFORNIA DEPARTMENT OF
FORESTRY AND FIRE PROTECTION
REGION III HEADQUARTERS
By By���
Signature Signa ure
70'rrie PQv-zpr
Printed Name 'Printed Name
Tile Title City. -C.1-erk
Date Date September 19.- -W0
APPROVED AND RECOMMENDED CITY OF REDLANDS,
FOR EXECUTION BY THE CITY ATTORNEY
CALIFORNIA DEPARTMENT OF
FORESTRY AND FIRE PROTECTION
SAN BERNARDINO RANGER UNIT
By By____
Signature Signature v
Daniel J. McHugh
Printed Name Printed Name
Tile Title City Attorney
Date Date September 19, 1990
APPROVED AND RECOMMENDED
FOR EXECUTION BY THE
CALIFORNIA DEPARTMENT OF
FORESTRY AND FIRE PROTECTION
GENERAL SERVICES DEPARTMENT
By
Signature
Printed Name
Tile
Date
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CITY COUNCIL
CITY OF REDLANDS
STATE OF CALIFORNIA
TUESDAY, SEPTEMBER 18, 199U, AT 3: UO P.M.
WILDLAND FIRE PROTECTION AGREEMENT
AUTHORIZING THE MAYOR TO SIGN AGREEMENT
WITH STATE DEPARTMENT 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 Council and it appearing
to the Council that said Agreement has been approved by the City
Attorney as to form and legality, upon motion of Councilman
Carole Beswick and seconded by Councilman . Swen Larson
and duly carried, it is ordered and directed that said Agreement
for services identifying the cost rates beginning July 1, 1990 is
hereby approved, that the Mayor of the City 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.
RESOLUTION NO. 4694
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.
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 CDF has the special resources necessary to
confine, control and extinguish a major 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 $29,881 .60 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
G. DeMirjyn to sign on behalf of the City.
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 i 8 th day of
Septem er 1990.
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