HomeMy WebLinkAboutContracts & Agreements_50-96_CCv0001.pdf AGREEMENT FOR FIRE PROTECTION OF WILD DS WITHIN LOCAL AGENCY
THIS AGREEMENT, made this 4t day of , �! M-Q-, 1996, 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 LOCAL AGENCY.
R E C I 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. LOCAL AGENCY has the responsibility for protection of
life, property, and wildland areas comprising 4,480 acres
of land as indicated on the map 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 areas defined in Paragraph 2, above, in accordance
with the following:
For those areas which are adjacent to State
Responsibility Area STATE will provide wildland fire
1 0 G I NAL
protection at the same level of service it now provides
on adjacent State Responsibility Area.
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. LOCAL AGENCY shall, pay STATE for providing said
protection at the rate of $7. 36 per acre, plus an 11 .13%
administrative charge for a total of $36,646 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.
6. 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.
7. STATE response will be subject to availability of
resources.
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8. Incident Management within the contract area shall
conform to current Incident Command System criteria for
Unified Command.
9. 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.
10. STATE and LOCAL AGENCY shall, through established
dispatch procedures, immediately notify each other of any
fire incident within the contract area.
11. 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 BTM . If
LOCAL AGENCY receives its structural fire protection from
another local agency, the local agency providing the
structural fire protection must be party to the operating
Plan.
12. STATE shall provide thirty ( 30) days 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 obligation hereunder shall terminate; LOCAL
AGENCY shall be liable for all amounts due up to and
including the date of such termination.
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13. 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 a new agreement been entered into.
14. 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, agents, and subcontractors in connection with
the performance of this Agreement.
15. 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 Bureau of State Audits
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.
16. Notices required or permitted under this agreement shall
be sent through the U.S. Postal Service by certified
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mail . Notice shall be considered given upon deposit.
Addresses for any such notices shall be:
For STATE:
California Department of Forestry and Fire Protection
Paul L. Benson, Acting Unit Chief
3800 Sierra Way, San Bernardino, CA 92405
(909) 881-6900
For LOCAL AGENCY:
City of Redlands
Swen Larson, Mayor
Post Office Box 3005, Redlands, CA 92373
(909) 798-7500
A change of address may be made in writing at any time by
either party.
17. 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 receipt of written notice of cancellation.
18. The term of this agreement is from July 1, 1996 to June
30, 1999.
19. During the performance of this contract, contractor and
its subcontractors shall not lawfully discriminate,
harass or allow harassment, against any employee or
applicant for employment because of sex, race, color,
ancestry, religious creed, national origin, physical
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disability (including HIV and AIDS) , mental disability,
medical condition (cancer) , age (over 40) , marital
status, and denial of family care leave. Contractors and
subcontractors shall ensure that the evaluation and
treatment of their employees and applicants for
employment are free of such discrimination and
harassment. Contractors and subcontractors shall comply
with the provisions of the Fair Employment and Housing
Act (Government Code, Section 12900 et seq. ) and the
applicable regulations promulgated thereunder (California
Code of Regulations, 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 Code of Regulations 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.
This contractor shall include the nondiscrimination and
compliance provisions of this clause in all subcontracts
to perform work under the contract.
20. LOCAL AGENCY receives its structural fire protection from
City of Redlands Fire Department. City of Redlands Fire
Department is hereby made an agency of LOCAL AGENCY for
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the purposes of performance under this agreement with the
exception of payments due under this agreement which
shall remain the responsibility of LOCAL AGENCY.
21. This agreement may be amended at any time by written
mutual consent of the parties hereto.
22. The following are definitions of terms used in this
agreement.
FIRE PREVENTION: Includes all aspects of preventing
wildland fires.
EIRE PROTECTION: Is a general term implying an overall
defense against wildland fires. It consists of two major
elements; fire prevention and fire control (which implies
fire containment and/or suppression or extinguishment) .
FIRE SUPPRESSION: Refers to extinguishing or "putting
out" wildland fires.
NON-FIRE SEASON: That period of time in fall, winter,
and spring that wildland fires 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) as 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.
Means a fire burning uncontrolled on lands
covered wholly in part by timber, brush, grass, grain, or
other flammable vegetation.
W1LDLMD-FjRE-ERQArj,,r�- 0 • That level of fire protection
with CDF provides to the State Responsibility Areas
throughout California.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement
as of the date first hereinabove written.
CALIFORNIA DEPARTMENT OF LOCAL AGENCY
FORESTRY AND FIRE PROTECTION
RANGER IT CHIEF
By B
Signature ignature
PATIT. T. Swen Larson
Printed Name �inted Name
Title Unit Chiu TitleMayer
Date Date June 4, 1996
DEPARTMENT OF FORESTRY CITY OF RED DS,
AND FIRE PROTECTION CITY CLERK
AREA CHIEF .
By B
i
-- gnat-ur J
GLEN NEWMAN Lorr-� ,=�
Printed Name Printed Nno
Title �eia Chief
Title
erk
Date Date— June 4.�1996
8
DF DIRECTOR
By
f.
nature
JAMES
Printed Name
Title Deputy Director
I ren
Date
DEPARTMENT OF GENERAL SERVICES PROVEE)
AUG 2 6 199#
�r
By
Signature �
Printed Nate
Tite
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CITY COUNCIL
CITY OF REDLANDS
STATE OF CALIFORNIA
1 199 , AT O'CLOCK —.M.
WILDLAND FIRE PROTECTION AGREEMENT
FISCAL YEAR 1996-97
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
Councilmember and seconded by Councilmember
and duly carried, it is ordered and directed that
said Agreement for services identifying the cost rates beginning
July 1 , 1996 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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