HomeMy WebLinkAboutContracts & Agreements_51-2001STATE OF CALIFORNIA—THE RESOURCES AGENCY GRAY DAVIS, Govemor
DEPARTMENT OF FORESTRY AND FIRE PROTECTION
3800 Sierra Way
San Bernardino, CA 92405
(909) 881-6900
TOM O'Keefe, Unit Chief
January 18, 2001
Pat Gilbreath
City of Redlands
Post Office Box 3005
Redlands, CA 92373
Dear Mayor Gilbreath
Contract # 3CA61445 between the California Department of Forestry and Fire Protection
(CDF) and the City of Redlands provides for wildland fire protection services on 4,480 acres of land
within the city boundaries.
Annual amendments are required to reflect any changes in CDF's costs for providing this service.
Rates are based on the three year average fire protection costs on CDF protected lands. The rate
for Fiscal Year 00/01 is $7.71 per acre plus the administrative fee of 11.13%. The total FY 00/01
agreement cost for the City of Redlands is $38,385.19. If the city wishes to continue this agreement
for FY 00/01 at the rate and costs noted above, please sign below and return to me with a copy of
the City Council minutes authorizing your signature for this purpose.
If you have any questions, please call me at (909) 881-6900
ACCEPTED:
Pat Gilbreath, Mayor
f(t/J0
Mel Enslow, Fire Chief
Cordially,
Tom O'Keefe
Unit Chief
Lorrizer
City
April 3, 2001
Date
-e 206/
Date
Tim Turner, Region Chief Date
Glen Newman, Deputy Director for Fire Protection Date
General Services Date
CONSERVATION IS WISE USE —KEEP CALIFORNIA GREEN AND GOLDEN
AGREEMENT FOR PROTECTION OF WILDLANDS WITHIN LOCAL AGENCY
THIS AGREEMENT, made this 1st day of July , 2000_ 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.
RECITALS
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 _
4480 acres of land as indicated on the map 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 wildland fire protection for said area, of the type and degree which it now
provides on adjacent State Responsibility Areas.
4. STATE shall provide 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
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 $7.71 per acre,
plus an 11.13 % administrative charge for a total of $ 38,385.19 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.
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.
FC - 91 (7/6/94) EXHIBIT 8556.3
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NO. JULY 1994
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 B". 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) 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.
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 fall 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 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.
FC - 91 (7/6/94) EXHIBIT 8556.3
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NO. JULY 1994
16. Notices required or permitted under this agreement shall be sent through U.S. Postal Service by certified
mail. Notice shall be considered given upon deposit. Addresses for any such notices shall be:
For STATE : For LOCAL AGENCY:
California Department of Forestry
and Fire Protection
Tom O'Keefe, Unit Chief
3800 N. Sierra Way
San Bernardino, CA 92405
Redlands Fire Department
Mel Enslow, Chief
PO BOX 3005
Redlands, CA 92373
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 terrn of this agreement is from
7/1/00 to 6/30/01
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 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 such discrimination and harassment. Contractors and subcontractors shall comply with
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 (a-f), 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. This agreement may be amended at any time by written mutual consent of the parties hereto.
21. The following are definitions of terms used in this agreement.
FIRE PREVENTION: Includes all aspects of preventing wildland fires.
FIRE 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.
FC - 91 (7/6/94)
EXHIBIT 8556.3 cont. 3 NO. JULY 1994
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.
WILDFIRE: Means a fire burning uncontrolled on lands covered wholly or in part by timber, brush, grass,
grain, or other flammable vegetation.
WILDLAND FIRE PROTECTION: That level of fire protection which CDF provides to the State
Responsibility Areas throughout California.
FC - 91 (7/6/94)
EXHIBIT 8556.3 cont. 4 NO. JULY 1994
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first hereinabove written.
DEPARTMENT OF FORESTRY
AND FIRE PROTECTION
UNIT CHIEF
By:
Signature
Tom O'Keefe
Printed Name
Unit Chief
Title
DEPARTMENT OF FORESTRY
AND FIRE PROTECTION
REGION CHI j
By:
ignature
1 Tim Turner
Printed Name
Region Chief
Title
CDF DIRECTOR
Signature `f
GLEN J. NEWMAN
Printed Name
Deputy Director for Fire Protection
Title
LOCAL AGENCY
Redlands Fire Department
By:
Signature
Pat Gilbreath, Mayor
ATTEST:
Title Lor ie Poyz ity Clerk
DEPARTMENT OF GENERAL SERVICE
Date
BUDGET PLAN — 4142
INDEX — 3500 PCA — 39002
THIS IS BUDGET PLAN — 4142 OF THE COOPERATIVE LOCAL RESONSIBILITY
AREA WILDLAND FIRE PROTECTION AGREEMENT BETWEEN THE STATE OF CALIFORNIA
, DEPARTMENT OF FORESTRY AND FIRE PROTECTION AND
CITY OF REDLANDS A LOCAL AGENCY
00/01 FISCAL YEAR
Number of acres - 4480
Agreement rate $ per Acre - $ 7.71
General Fund Revenue per Acre - $ 1.89
Ranger Unit Budget per Acre - $ 5.82
Administrative Charge per Acre -11.13 %
GENERAL FUND REVENUE 4480 Acres $1.89 Revenue per Acre $ 8,467.20
RANGER UNIT BUDGET 4480 Acres $5.82 R.U. Budget per Acre $26,073.60
Personal services
None No. Class Months Rate Total Benefits Total
Salary $0.00
Subtotal personal services $ 0.00
Operating Expense $18,457.60
Subtotal Miscellaneous Operations $18,457.60
Vehicle Operations $ 3,673.60
Subtotal Vehicle Operations $ 3,673.60
Facilities Operations $ 3,942.40
Subtotal Facilities Operations $ 3,942.40
SUBTOTAL OPERATING EXPENSE $26,073.60
TOTAL PERSONAL SERVICES AND OPERATING EXPENSES $26,073.60
TOTAL PERSONAL SERVICES,OPERATING EXPENSE AND GENERAL
FUND REVENUE $34,540.80
ADMINISTRATIVE CHARGE 11.13% $ 3,844,39
GRAND TOTAL LRA WILDLAND AGREEMENT $38,385.19
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STATE OF CALIFORNIA
CONTRACT TRANSMITTAL
STD.16 (REV.2/93)
1. CONTRACTOR'S NAME
City of Redlands
AGENCY CONTRACT NUMBER
�3Ct c0Rg0
2, FEDERAL I.D. NUMBER
3. DEPARTMENT TRANSMITTING CONTRACT
Forestry and Fire Protection
4. DIVISION, BUREAU, or OTHER UNIT
San Bernardino Ranger Unit
5. TOTAL AMOUNT OF CONTRACT FOR
ENTIRE TERM 38385,19
6. AGENCY ®INGCO E 7. CONTRACT TERM - START DATE
07/01/00
6. DOES THE TERM OF THIS CONTRACT STAR1BEFOREGENERAL SERVICES WILL APPROVE THE CONTRACT? (LATE APPROVAL)
NO ✓ YES (If YES, enterdatework beganorwlllbegin and attach explanation. )
END DATE
06/30/01
Date: 07/01/00
9. Nn""' "TELEPHONE NUMBER OF CONTRACT ANALYST FOR TIONS Rbe EGARDING THIS CONTRACT 4- � � 33
)
10. CONTRACT TY PE(Check appropriate box Ms])
NEW CONTRACT RENEWAL OF PREVIOUS CONTRACT
(Enter priorcontractorname and number)
AMENDMENT
(Complete item 20 on reverse of this form)
11. CONTRACT OUTLINE (Include reason forcontracb identlfyspedficproblem, administrative requirement, program need orother
circumstances making the contract neccessary;orspec/alorunusualtermsandconditions.) _
Engage in Wildland protection within the City of Redlands, California. The contract covers a specific 4,480 acres along the City limits.
Adjoining land is State Responsibility Area. Cost of contract is $7.71 per acre plus 11.13% Administrative charge. Level of wildland fire
protection is same as for adjoining State Responsibility Area. This admendment provides the 2000 - 2001 fiscal estimate for service.
12. WHAT BIDDING METHOD WAS USED TO SELECT VENDOR?
REQUEST FOR PROPOSAL (RFP)
(Attach Justification it secondary method is
used.)
SOLE SOURCE CON -
INVITATION FOR BID
(IFB)
EXEMPT FROM BIDDING
Ivl
TRACT (Attach Sr?. 821) (Glveauthodtyforexemptstatus)
NOTE: Proof of publication in the State Contracts Register or an approved form
STD. 821, Contract Advertising Exemption Request, must be attached.
(Explain, useattachmentslfneccessary)
OTHER Section 4712 - 4718PRC
13. SUMMARY OF 131 DS(List bidders, bid amount and small business status.) (If an amendment, sole source, orexempt, leave blank.)
The boundry of the City is predominantly wildland interface. The City of Redlands Fire Department is not adequately equipped to suppress
typical wildland fires and prevent a large damaging situation.
14. EXPLAIN (If award of contract Is to other than low bidder.) (Ifan amendment, leave blank.)
This agreement is cooperative between State and local agencies to maintain fire protection services within the City of Redlands. It includes
a holding clause. Local agency controls the approval, based on fiscal and meeting constraints. Therefore, this agreement goes into effect
prior to obtaining all State and local signatures, so that State lands and local citizens are protected.
15. IF FEWER THAN THREE BIDS RECEIVED, SOLE SOURCE, EXEMPT FROM BIDDING, ORAN AMENDMENT STATE THE BASIS FOR CONCLUDING REASONe1BtESS OF CONTRACT RATE OR PRICE.
16. AUTHORIZEQ SIGNATURE
TYPED OR PRINTED NAME DATE
Tom O'Keefe
(Continued on Reverse)
17. JUSTIFICATION FOR CONTRACT (Check one)
This contract will achieve cost savings pursuant to Govt. Code
§19130(a). The State Personnel Board has been so notified.
Justification:
N/A
I
WOMEN BUSINESS ENTERPRISES:
This contract is executed pursuant to Civil.Service considerations
contained in Govt. Code §19130(b). Justification for the contract is
described below.
18. SUMMARIZE EFFORTS MADE TO DETERMINE WHY PERSONNEL IN YOUR AGENCY OR IN OTHER STATE AGENCIES CANNOT PROVIDE THIS WORK, LI97FIICH CIVIL SERVICE CLASSES WERE
CONSIDERED, NAMES OF AGENCIES CONTACTED, AND EXPLAIN WHY THEY CANNOT PROVIDE THE REQUESTED SERVICE(S).
N/A
19. ARE M/W/DV BUSINESS ENTERPRISE GOALS REQUIRE D(If an amendment, explain changes, if any.)
I✓I
NO (Explain below) YES (If YES complete the following)
MINORITY BUSINESS ENTERPRISES: % OF CONTRACT
% OF CONTRACT
DISABLED VETERAN BUSINESS ENTERPRISES: % OF CONTRACT
Explain:
II
II
Good Faith effort documentation attached if 15% goal is not reached.
Good Faith effort documentation attached if 5% goal is not reached.
Good Falth effort documentation attached if 3% goal is not reached.
We have determined that the contractor has made sincere Good Faith
effort to meet the goals.
20. FOR CONTRACTS WITH AMENDMENTS
CONTRACT
From To
THIS TRANSACTION
BID, SOLE SOURCE, EXEMPT
Original
$ 38385.19
EXEMPT
Amendment No. 1
$
Amendment No. 2
$
Amendment No, 3
$
Use additional sheet for subsequent amendments
•
TOTAL $ 38385.19
21, FOR CONTRACTS IN EXCESS OF$6,000,HAS
THE LETTING.OF THE CONTRACT BEEN I I NO
REPORTED TO THE DEPARTMENT OF FAIR
EMPLOYMENTANDHOUSING? I YES
22 HAVE ALL REQUIREMENTS GOVERNING THE •
USE OF CURRENT AND FORMER STATE I I NO
EMPLOYEES AS SPECIFIED IN PCC §10410
AND 10411BEEN COMPLIED WITH? YES
23. IF CONSULTANT AGREEMENT, DID YOU
SEEK (AND CONSIDER, IF PENDING) I 1 NO
NEGATIVE CONTRACTOR EVALUATIONS
FROMTHEDGSLEGALOFFICE?1 I 1 YES
24. 15 THIS CONTRACT (WITH AMENDMENTS) FOR A PERIOD OF TIME LONGER THAN ONE YEAR?
If YES, please providejustification.
I vI
NO
YES
STATE OF CALIFORNIA
CONTRACT TRANSMITTAL
STD.15 (REV. 2/93) REVERSE