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HomeMy WebLinkAbout8695RESOLUTION NO. 8695 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS APPROVING THE DEPARTMENT OF FORESTRY AND FIRE PROTECTION (CALFIRE) FOR WILDLAND PROTECTION SERVICES DURING FISCAL YEAR 2025/2026. WHEREAS, the City wishes to approve an agreement with the Department of Forestry and Fire Protection (CALFIRE) for wildland protection services in order to protect the public health and safety from wildfires with supplemental fire resources from CALFIRE such as helicopters, aircraft retardant drops, hand -crews, and unified command for wildland fire incidents. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF REDLANDS AS FOLLOWS: Section 1. The City of Redlands does hereby approve the agreement with the California Department of Forestry and Fire Protection (CALFIRE) dated June 17th, 2025 (Contract # 3CA07221) attached hereto as Exhibit "A". This agreement provides Wildland Protection during the State fiscal year 2025/2026. Section 2. The Mayor of the City of Redlands is hereby authorized to sign and execute said agreement on behalf of the City of Redlands. ADOPTED, SIGNED AND APPROVED ON this 171h day of June 2025. Mario Sauce ATTEST: anne Donaldson, City Clerk Mayor 1 L\Resolutionsacs 8600-8699\8695 Approving CALFIRE Wildland Protection Services FY25-26.docx-ms I, Jeanne Donaldson, City Clerk of the City of Redlands, California, do hereby certify that the foregoing was duly adopted by the City Council at a regular meeting thereof held on the 17" day of June 2025, by the following vote: AYES: Councilmembers Barich, Tejeda, Davis, Shaw; Mayor Saucedo NOES: None ABSENT: None ABSTAIN: None J e Donaldson, City Clerk 2 L\Resolutions\Res 8600-8699\8695 Approving CALFTRE Wildland Protection Services FY25-26.doex-ms EXHIBIT A Agreement No. 3CA07221 [Attached] (:\Resolutions\Res 8600-8699\8695 Approving CALFIRE Wildland Protection Services FY25-26.docx-ms STATE OF CALIFORNIA—NATURAL RESOURCES AGENCY Gavin Newsom, Govemor DEPARTMENT OF FORESTRY AND FIRE PROTECTION P.D. Box 944246 SACRAMENTO, CA 94244-2466 (916)653-7772 Website: www.fire.ca.gov May 15, 2025 Rich Sessler PO Box 3005 Redlands, CA 92373 Chief Sessler: Please find the following documents enclosed: • (1) Full LG-W Agreement (Courtesy Copy) - between the City of Redlands and the California Department of Forestry and Fire Protection (CAL FIRE) for Wildland Services during the fiscal years of 2025 through 2026. • (1) LG-W Agreement Signature Page Please return dated with the wet/docusigned (scanned) signatures. (See email address below) Additional documents required: Resolution Agreement approved by the board. Please return dated with the wet/docusigned (scanned) signatures. (See email address below) • Letter of Intent Signed by your designated official. Please return dated with the wet/docusigned (scanned) signatures. (See email address below) The Resolution must be signed by the same person signing the LG-W Agreement. Once the signature page, letter of intent, and resolution agreement have been signed, please scan and email them to me at alison.hesterlV@fire.ca.gov I will then forward the completed package to Cooperative Fire in Sacramento. Please do not mail a copy to Sacramento. Feel free to contact me at 760-442-2594 or via email if you have any questions and/or concerns. Respectfully, Alison Hesterly Battalion 3511 "The Department gfForestay and Fire Protection .serves mad saf cards the people and protects the property acid resources of 'Califnr nia. " STATE OF CALIFORNIA COOPERATIVE FIRE PROGRAMS AGREEMENT NUMBER 3CA07221 LOCAL RESPONSIBILITY AREA WILDLAND PROTECTION REIMBURSEMENT AGREEMENT REGISTRATION NUMBER: LG-W REV 812024 1. This Agreement is entered into between the State Agency and the Local Agency named below: STATE AGENCY'S NAME California Department of Forestry and Fire Protection — (CAL FIRE) LOCAL AGENCY'S NAME City of Redlands 2, The term of this Agreement is: July 1, 2025 through June 30, 2026 3. The maximum amount of this Agreement is: $ Three Hundred Thirty Two Thousand Six Hundred Seventy Two Dollar and Fifty Five Cents. 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 — Includes page 2 (contact page) in count for Exhibit A 2 pages Exhibit B — Budget Detail and Payment Provisions 2 pages Exhibit C* — General Terms and Conditions; DIGS GTC Version: 02/2025 0 pages Exhibit D — Special Terms and Conditions (Attached hereto as part of this Agreement) 1 pages Exhibit E —Additional Provisions 6 pages *Items shown with an Asterisk * are hereby inter orated by -reference and made part of this Agreement as if attached hereto. General Terms and Conditions can be viewed at http://www,dgs.ca.govlols IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto. LOCAL AGENCY LOCAL AGENCY'S NAME City of Redlands BY (Authorize ignature) DATE SIGNED(Do not type) -� !v -17-axdas PRINTED NAME AND TITLE OF PERSON SIGNING Mario Saucedo Mayor ADDRESS P.O. Box 3005, Redlands, CA 92373 STATE OF CALIFORNIA AGENCY NAME California Department of Forestry and Fire Protection BY (Authorized Signature) DATE SIGNED(Do not type) �S PRINTED NAME AND TITLE OF PERSON SIGNING Matthew Sully, Deputy Director, Cooperative Fire Protection ADDRESS P.O. Box 944246, Sacramento, CA 94244-2460 California Department of General Services Use Only Contractor Name: City of Redlands Contract No: 3CA07221 -2- EXHIBIT A COOPERATIVE FIRE PROGRAMS AGREEMENT FOR PROTECTION OF WILDLANDS WITHIN LOCAL AGENCY RESPONSIBILITY AREA 1. The project representatives during the term of this Agreement will be: CAL FIRE Unit Chief: Local Agency: City of Redlands Name: Shane Littlefield Name: Rich Sessler 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: CAL FIRE Unit Chief: Shane Littlefield Local Agency: City of Redlands Section/Unit: San Bernardino-Inyo- Section/Unit: Mono Attention: Alison Hesterly Attention: Rich Sessler Address: 3800 N. Sierra Way Address: PO Box 3005 San Bernardino, CA Redlands, CA 92373-1505 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: CAL FIRE Cooperative Fire Services P.O. Box 944246 Sacramento, CA 94244-2460 2. AUTHORIZATION This Agreement is entered into this 1st day of July, 2025, 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 (CAL FIRE). 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 5985 acres of land as indicated on the map included under Exhibit E and desires to contract with the STATE to provide wildland fire protection to said area. Contractor Name: City of Redlands Contract No: 3CA07221 -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. 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 prepjanned wildland response are assistance by hire and the financial responsibility of the LOCALAGENCY. 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. MUTUALAID 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 Name: City of Redlands Contract No: 3CA07221 -4- EXHIBIT B BUDGET DETAIL, INVOICING, PAYMENT AND RECONCILIATION 1. Invoicing and Payment: A. LOCAL AGENCY shall pay STATE for providing said protection at the rate of $50.18 per acre, plus an 10.77% administrative charge for a total of $332,672.55 upon presentation of an invoice by STATE. The rate per acre and administrative charge 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 assessed 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. C. To minimize the need for reconciliation payment is expected in full after the LOCAL AGENCY receives the STATE invoice. Payments made by the LOCAL AGENCY will cover the protection rate per acre and the administrative charge for the protection services rendered by STATE and including any other costs as provided herein, giving credit for all payments made by LOCAL AGENCY and claiming the balance due to STATE, if any, or refunding to LOCAL AGENCY the amount of any overpayment. 2. Budget Contingency Clause A. If the LOCAL AGENCY's governing authority does not appropriate sufficient funds for the current year or any subsequent years covered under this Agreement, which results in an inability to pay the STATE for the services specified in this Agreement, the LOCAL AGENCY shall promptly notify the STATE and this Agreement will terminate pursuant to the notice periods required herein. B. If funding for any fiscal year is reduced or deleted by the LOCAL AGENCY for purposes of this program, the LOCAL AGENCY shall promptly notify the STATE, and the STATE shall have the option to either cancel this Agreement with no liability occurring to the STATE, or offer an agreement amendment to LOCAL AGENCY to reflect the reduced amount, pursuant to the notice terms herein C. If the STATE Budget Act does not appropriate sufficient funds to provide the services for the current year or any subsequent years covered under this Agreement, which results in an inability to provide the services specified in this Agreement to the LOCAL AGENCY, the STATE shall promptly notify the LOCAL AGENCY, and this Agreement will terminate pursuant to the notice periods required herein. Contractor Name: City of Redlands Contract No: 3CA07221 -5- D. If funding for any fiscal year is reduced or deleted by the STATE Budget Act for purposes of this program, the STATE shall promptly notify the LOCAL AGENCY, and the LOCAL AGENCY shall have the option to either cancel this Agreement with no liability occurring to the LOCAL AGENCY, or offer an agreement amendment to LOCAL AGENCY to reflect the reduced services, pursuant to the notice terms herein. E. Notwithstanding the foregoing provisions in paragraphs A and B above, the LOCAL AGENCY shall remain responsible for payment for all services actually rendered by the STATE under this Agreement regardless of LOCAL AGENCY funding being reduced, deleted or not otherwise appropriated for this program. The LOCAL AGENCY shall promptly notify the STATE in writing of any budgetary changes that would impact this Agreement. F. LOCAL AGENCY and STATE agree that this Budget Contingency Clause shall not relieve or excuse either party from its obligation(s) to provide timely notice as may be required elsewhere in this Agreement. Contractor Name: City of Redlands Contract No: 3CA07221 -6- EXHIBIT D SPECIAL TERMS AND CONDITIONS 1. Cancellation 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 written receipt of 30 day notice of cancellation. 2. Audit 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 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. 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 after Exhibit E. If LOCAL AGENCY received its structural fire protection from another local agency, the local agency providing the structural fire protection must be party to the Operating Plan. 4. Extension of Agreement Unless there is written notice by LOCAL AGENCY to terminate 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. 5. Modification This Agreement may be amended at any time by written mutual consent of the parties hereto. 6. Indemnification Each party, to the extent permitted by law, agrees to indemnify and hold harmless the other party, its officers, agents, and employees from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by the indemnifying party. Contractor Name: City of Redlands Contract No: 3CA07221 -7- EXHIBIT E ADDITIONAL PROVISIONS Attachments ® Budget Plan ® Topographic Map ® Operating Plan ❑ Annual Report Contract Name: City of Redlands Contract #: 3CA07221 Page #: 8 LOCAL RESPONSIBILITY AREA (LRA) WILDLAND PROTECTION REIMBURSEMENT AGREEMENT Program Cost Account (PCA #) 39002 THIS IS THE BUDGET PLAN FOR THE LOCAL RESPONSIBILITY AREA (LRA) WILDLAND FIRE PROTECTION REIMBURSEMENT AGREEMENT BETWEEN THE STATE OF CALIFORNIA, DEPARTMENT OF FORESTRY & FIRE PROTECTION (CAL FIRE) AND THE CITYITOW N OF Redlands A LOCAL AGENCY FOR THE 2025/2026 FISCAL YEAR AGREEMENT COST CALCULATIONS: Number of Acres 5985 General Fund Reimbursement $ 19.69 $ 117,844.65 Unit Budget $ 30.49 $ 182,482.65 Sub -Total $ 300,327.30 Admin Rate 10.77% $ 32,345.25 Total Protection Cost $ 332,672.55 Comments Section: m ME 111 NMI 111IFEME IN 9 5. City of Redlands Contract: 3CA07221 Pagel a. The first arriving Chief Officer will transition command from the initial attack incident commander. b. Announce and assume command. c. Establish an Incident Command Post. Wildland fires will be managed via Unified Command structure affording all agencies with jurisdictional responsibility to establish a common set of objectives and strategies. Common communications shall be established utilizing the FIRESCOPE Statewide channel plan with the following VHF frequencies. a. Command i. Common command frequency assigned by the BDCC b. Tactical ii. Common tactical frequencies assigned by the BDCC c. Air to Ground iii. Common air to ground frequencies assigned by the BDCC d. Note: California Department of Forestry and Fire Protection (CAL FIRE) San Bernardino Unit Emergency Command Center (BDCC) will make every effort to assign VHF frequencies utilizing the pre -designated frequency chart below. VHF FREQUENCIES BDU L1 151.4450 169.3900 BDU LOCAL 1 CDF C1 151.3550 159.3000 CDF COMMAND 1 CDF C2 151.2650 159.3300 CDF COMMAND 2 CDF C3 151.3400 159.3450 CDF COMMAND 3 CDF T5 151.2500 151.2500 CDF TAC 5 CDF T8 151.3700 151.3700 CDF TAC 8 CDF A/G 151.2200 151.2200 CDF AIR TO GND NET VFIRE22 154,2650 154.2650 VFIRE22 VFIRE23 154.2950 154.2950 VFIRE23 6. Wildland fires in jurisdictions outside of the Redlands Wildland Contract area that are deemed an immanent threat to Redlands Wildland Contract area or mutual threat zone: a. Immediate notification will be made to BDCC. BDCC will in turn notify Redlands Fire Department via San Bernardino County Communications Center (XBOC). 7. For Wildland fires originating in the Redlands Wildland Contract area or mutual threat zone, Cal Fire will dispatch resources based on the Low, Medium or High dispatch levels, as well as by the closest resource concept. Additional resources may be responded based upon initial reports. RESPONSE LEVELS STATE RESOURCES HIGH MEDIUM LOW Engines 5 4 2 Dozers 1 1 Crews 2 2 City of Redlands Contract: 3CA07221 Page12 Helicopter 1 1 Air Tanker 2 Air Attack 1 Battalion Chief 1 1 1 Repair of Fire Suppression Damage 1. The nature of fire and other emergency activity work invites accidents, injuries, and general confusion. In addition, fire control forces may take actions that are reasonably necessary to control a fire or other emergency but which are damaging to property. Such actions will be considered reasonable and proper if good judgment is used by responsible personnel according to the conditions that exist at the time of the action. CAL FIRE is not obligated or authorized to make actual expenditures or efforts to repair or replace private property. 2. Advise those claimants who insist upon taking formal action to correspond with the Secretary, State Board of Control, P.O. Box 3035, 926 J Street, Suite 300, Sacramento, 5814. The claimant may be supplied by the Board of Control with a copy of form STD 275, entitled, Damage Claims Against the State of California. Fire Information 1. Joint fire information dissemination as determined and approved by the Unified Incident Commanders. General Procedures 1. Plan to be reviewed and updated as necessary prior to June 30' Administrative listings 1. California Department of Forestry and Fire Protection (CAL FIRE) San Bernardino Unit Head Quarters 3800 N. Sierra Way San Bernardino, CA 92406. (909) 881-6900. 2. Redlands Fire Department 35 Cajon St # 12 Redlands, CA 92373-4746 (909) 798-7600