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HomeMy WebLinkAboutContracts & Agreements_39-2005_CCv0001.pdf STATE OF CALIFORNIA STANDARD AGREEMENT STC?213(Rev 06/03) AGREEMENT NUMBER REGISTRATION NUMBER I 1, This Agreement is entered into between the State Agency and the Contractor named below: STATE AC,ENCY'S NAME California Department of Forestry and Fire Protection CONTRACTOR'S NAME City of Redlands 2. The term of this July 1,2004 through June 30,2005 Agreement is: 3. The maximum amount $36,792.18 of this Agreement is: Thirty six thousand seven hundred ninety two and eighteen. 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 2 pages Exhibit B—Budget Detail and Payment Provisions 1 pages Exhibit C*—General Terms and Conditions GTC 304 Check mark one item below as Exhibit D: Exhibit- D Special Terms and Conditions (Attached hereto as part of this agreement) 1a es Exhibit- D" Special Terms and Conditions p g Exhibit E—Additional Provisions _4_ 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 CONTRACTOR'S NAME(if other than an individual,state whether a corporation,partnership,etc_) Services Use only City of Redlands BY(Authoriz Signature) DATE SIGNED(Do nrrr type) � � 1 PR TE ME AND TITLE OF PER O IGNING A �St Su an. Peppler, Mayor-------------- C ADDRESS P.O. Box 3005 o rie 0y�2 t y filer.z Redlands, Ca. 92373-1505 STATE OF CALIFORNIA AGENCY NAME California Department of Forestry and Fire Protection BY(Authorized Signature) DATE SIGNED(D x nar rypxe, j PRINTED NAME AND TITLE OF PERSON SIGNING ( James M. Wright, Deputy Director, Chief of Fire Protection Exempt per: i ADDRESS 1416 Ninth street, Sacramento, CA 94244-2460 I i 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, 2001 , by and between the Department of Forestry and Fire Protection of the State of California and LOCAL AGENCY. —Original _X–Amendment for Fiscal Year 2004 Not Applicable Number of Acres 4358 Unit Budget per Acre $5.82 General Fund Revenue per Acre $1.89 Agreement Rate per Acre $7.71 Administrative Charge 9.50% UNIT BUDGET Operating Expense $17,954.96 Vehicle Operations $3,573-56 Facilities Operations $3,835.04 Subtotal $25,363.56 GENERAL FUND REVENUE Subtotal $8,236.62 Total $33,600.18 Administrative Charge- 9.50% $3,192.02 Grand Total $36,792.18 Contractor: City of Redlands Contract No.: 3CA43328 Page: I of 6 EXHIBIT A COOPERATIVE FIRE PROGRAMS AGREEMENT FOR PROTECTION OF WILDLANDS WITHIN LOCAL AGENCY 1. The project representatives during the term of this agreement will be: Department of Forestry and Fire Protection Unit Local Agency: Chief: Name: Bob Green Name: City of Redlands 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 Unit Local Agency: Chief: Section/Unit: San Bernardino Section/Unit: City of Redlands Attention: Bob Green Attention: Mel Enslow Address: 3800 Sierra Way San Bernardino, Ca. Address: P.O. Box 3005 Redlands, Ca. 92373 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: Department of Forest!y and Fire Protection Cooperative Fire Services P.O. Box 944246 Sacramento, CA 94244-2460 2. AUTHORIZATION This agreement is entered into this -16' day of July-,2004—, 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, 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 4358 acres of land as indicated on the map attached hereto and marked Exhibit E, Attachment 1, 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: City of Redlands Contract No.: 3CA43328 Page:2 of 6 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: City of Redlands Contract No.: 3CA43328 Page: 3 of 6 EXHIBIT B BUDGET DETAIL AND PAYMENT PROVISIONS Invoicing and Payment: A. LOCAL AGENCY shall pay STATE for providing said protection at the rate of—$7.71—per acre, plus a —9.50—% administrative charge for a total of $36,792.18 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 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 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 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. Contractor: City of Redlands Contract No.: 3CA43328 Page:4 of 6 EXHIBIT C GENERAL TERMS AND CONDITIONS PLEASE NOTE:This page will not be included with the final agreement. The General Terms and Conditions will be included in the agreement by reference to Internet site: www.dus.ca.aov/contracts Contractor: City ofRedlands Contract No.: 3CA43328 Page:5of6 EXHIBIT aPECIAL TERMS AND CONDITIONS . Cancellation Failure of either party to meet any of the terms and conditions of this agreement, including non- payment ofmonies die hereunder, shall be cause for the terminationof thisAgreement; such termination shall become effective upnnreceipt of written notice of cancellation. 2, Audit If the agreement is over$10,000, the parties shall, in accordance with Government Code Section 1O582. bnsubject tmexamination and audit cfthe State Auditor General for mperiod ofthree (3) years after final payment under the agreement, Examination and audit shall buconfined bothose 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. Operatina 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 hereto aa"Exhibit E. Attachment 4". |fLOCAL AGENCY received its structural fire protection from another local agency,the local agency providing the structural fire protection must be party bJthe Operating Plan. 4. Extension of Agreement Unless there is written notice of intention not to renew this Agreement STATE shall extend this agreement for asingle 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 Tothe extent that the Constitution and the laws ofthe State ofCalifornia permit, STATE and LOCAL AGENCY agree to indemnify and to hold each other harmless against and from any and all liability for claims unaccount 0fproperty damage, personal injuries, urdeadhnauubingfromUlenmg|igaDtadmof the other party, its officers,employees, agents, and subcontractors in connection with the performance ofthis Agreement. Contractor: City of Redlands Contract No.: 3CA43328 Page:6 of 6 EXHIBIT E ADDITIONAL PROVISIONS ATTACHMENT [3 1) Narrative Introduction 13 2) Board Resolution 11 3) Budget Plan 4) Topographic Map ❑ 5) Annual Report The additional documentation listed below is required by CDF. 1) CDF Review Certification Form (signatures) 2) Routing Checklist 3) Local Agency's Governing Board Resolution or Minutes (provide 2 copies) 4) Budget Plan (provide 4 extra copies) 5) Narrative Introduction (New Agreements Only) Contractor: City of Redlands Contract No.: 3CA43328 Page: I of 6 EXHIBIT A COOPERATIVE FIRE PROGRAMS AGREEMENT FOR PROTECTION OF WILDLANDS WITHIN LOCAL AGENCY 1. The project representatives during the term of this agreement will be: Department of Forestry and Fire Protection Unit Local Agency: Chief: Name: Bob Green Name: City of Redlands 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 Unit Local Agency: Chief: Section/Unit: San Bernardino Section/Unit: City of Redlands Attention: Bob Green Attention: Mel Enslow Address: 3800 Sierra Way San Bernardino, Ca. Address: P.O. Box 3005 Redlands, Ca. 92373 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: Department of Forestry and Fire Protection Cooperative Fire Services P.O. Box 944246 Sacramento, CA 94244-2460 2. AUTHORIZATIQN This agreement is entered into this –Is' day of July–,2004—, 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. 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 4358 acres of land as indicated on the map attached hereto and marked Exhibit E, Attachment 1, 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: City of Redlands Contract No.: 3CA43328 Page:2 of 6 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 wildiand 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: City of Redlands Contract No.: 3CA43328 Page: 3 of 6 EXHIBIT B BUDGET DETAIL AND PAYMENT PROVISIONS Invoicing and Payment: A. LOCAL AGENCY shall pay STATE for providing said protection at the rate of—$7.71_per acre, plus a —9.50—% administrative charge for a total of $36,792.18 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 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 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 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. Contractor: City of Redlands Contract No.: 3CA43328 Page:4 of 6 EXHIBIT C GENERAL TERMS AND CONDITIONS PLEASE NOTE:This page will not be included with the final agreement. The General Terms and Conditions will be included in the agreement by reference to Internet site: www.dRS.caxov/con(ract Contractor: City of Redlands Contract No.: 3CA43328 Page: 5of6 EXHIBIT SPECIAL TERMS AND CONDITIONS 1. Cancellation Failure ofeither party bomeet any of the terms and conditions of this 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 iaover$1D.O0U. the parties shall, inaccordance with Government Code Section 1O582. besubject toexamination and audit ofthe State Auditor General for aperiod ofthree /D1years after final payment under the agreement. Examination and audit shall baconfined 0nthose matters connected with performance nfthe agreement including, but not limited to, cost ofadministering the agreement The Contractor warrants by execution of this Agreement,that no person or selling agency has been employed orretained tosolicit orsecure this Agreement upon agreement orunderstanding Q. 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 attached 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 buparty 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 Ueamended at any time bywritten mutual consent ofthe parties hereto. -' Indemnification Tothe extent that the Constitution and the laws ofthe State cdCalifornia 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, agents, and subcontractors in connection with the performance ofthis Agreement. Contractor: City of Redlands Contract No.: 3CA43328 Page:6 of 6 EXHIBIT E ADDITIONAL PROVISIONS ATTACHMENT 1) Narrative Introduction 2) Board Resolution 3) Budget Plan 4) Topographic Map El 5) Annual Report The additional documentation listed below is required by CDF. 1) CDF Review Certification Form (signatures) 2) Routing Checklist 3) Local Agency's Governing Board Resolution or Minutes (provide 2 copies) 4) Budget Plan (provide 4 extra copies) 5) Narrative Introduction (New Agreements Only)