Loading...
HomeMy WebLinkAboutCalifornia Dept of Forestry and Fire Protection (CAL FIRE) 2012-10-17c- u t 1i y STAT OF CALIFORNIA—NATURAL RESOURCES AGENCV Edmund G.Brown Jr_, Governor Y"- DEPARTMENT OF FORESTRY AND FIRE PROTECTION 1 L u Mentlocino Unit 17501 Norih Highway 101 s_" WiUiis.CA 95490 f ttt ° 707)459-74t 4 Websi e'.wnv,fire.y W` September 27, 2012 Chris Dewey, Director of Public Safety 300 Seminary Avenue Ukiah, CA 95482-5400 Dear Chief Dewey: Attached are copies of the CAL FIRE/City of Ukiah Dispatch Agreement #1CA01955 for fiscal years 2013 - 2015. Please review the agreement and, if acceptable, have the appropriate party sign 6 copies of the LG-1, retaining one set for your files. Also, please review the Std. 215 and though it does not require a signature from the City, please retain a copy for your files. We will also need two original documents of the Ukiah City Council's signed Board Resolution/Board Minutes that show approval of the Agreement. The last items to provide and include are two copies of the insurance coverage. After the final distribution of this process, CAL FIRE Mendocino Unit will forward you one fully executed original copy of the Agreement for your files. I Thank you for your cooperation and if you have any questions or comments you can contact me at 459-7414. Sincerely, I f i Christopher P. owney, Chief Mendocino Unit CONSERVATION IS WISE-KEEP CALIFORNIA GREEN AND GOLDEN PLEASE REMEMBER TO CONSERVE ENERGY. FOR TIPS AND INFORMATION,VISIT"FLEX YOUR POWER"AT WWW.CA.GOV. AGREEMENTSUMMARY AGREEMENTNUMBER AMENDMENTNUMBER S1D2i5iRZ. ;c1C t r CH CK HERE IF ADDITIONAL PAGES ARE ATTACHED 1 CA01955 1. CONTRACTOR S NAME 2. FEDERAL I.D. NUMBER City of Ukiah 3. AGENCY TRANSMITTWG AGREEMENT 4. DIVISION, BUREAU,OR OTHER UNIT 5. AGENCY BILLING CODE I Forestry and Fire Protection MEU 013028 6. NAME AND TELEPHONE NUMBER OF CONTRACT ANALYST FOR QUESTIONS REGARDING THIS AGREEMENT Mark Tolbert, (916) 653-9475 7. HAS YOUR AGENCY CONTRACTED FOR THESE SERVICES BEFORE? NO YES (lIYES, enterpriorcontracto name and Agreement Num6erJ 8. BRIEF DESCRIPTION OF SERVICES-LIMIT 72 CHARACTERS INCLUDING PUNCTUATION AND SPACES Dispatching Services 9. AGREEMENT OUTL WE (Mdude eason forAgreement Identi7y specilic p oblem, adrninistrative reGuiremenf,progrem need or other circumstances making the Agreement necessary;include special or unusual terms and conditions.) California Department of Forestry and Fire Protection (CALFIRE) shall provide fire protection services pursuant to Public Resources Code Sections 4142 andlor 4144. This Local Governments Wildland/Agreement falls under two of the 'The Conf act is an interagency or evenue/reimbursement agreemenf, excepfions listed in the OGS Administrative Order 06-06-7. there are ieasonable factors fhat caused the delay, and it is in fhe State's best interest to process the conhacl or amendmenL" 7he Contrect involves another govemmental entity. and an Action or inacfion o/that other governmental entity tlelayed Timely processing o!the contract of amendment by fhe State." 10. PAYMENT TERMS (MOre fhan one may apply.J MONTHLY FLAT RATE QUARTERLY ONE-TIME PAYMENT PROGRESS PAYMENT ITEMIZED INVOICE WITHHOLD ADVANCED PAVMENT N07 TO EXCEED REIMBURSEMENT/REVENUE or OTHER (Explain) 11. PROJECTED EXPENDITURES PROJECTED FUN TITLE ITEM F.V. CHAPTER STATUTE EXPENDITURES Reimbursement 12/13 72,151.00 Reimbursement 13/14 212,142.00 Reimbursement 14/15 212,142.00 OBJECTCODE AGREEMENTTOTAL $4JB,4GS.00 AMOUNT ENCUMBERED BV THIS DOCUMENT OPTIONAL USE I CERTIFY upon my own pe sonal knowletlge thaf the budgeted funds Por the current PRIOR AMOUNT ENCUMBERE FOR THIS AGREEMEN7 butlget year are available Por the period and purpose o/the expenditure stafed a6ove. $ ACCOUNTING OFFICER S SIGNATURE DATE SIGNED TOTAL AMOUNT ENCUMBERED TO DATE 12. TERM TOTAL COST OF AGREEMENT From Through THIS TRANSACTION BID,SOLE SOURCE, EXEMPT Original 3/1/13 6/30/15 $ 496,465.00 EXEMPT Amendment No. 1 S Amendment No. 2 Amendment No. 3 8 TOTAL $ 496,465.00 Continue) SI EO( CAUFORNIA AGREEMENTSUMMARY s,o z=?,o c 1 13. BIDDING METHOD USED: REQUEST FOR PROPOSAL(RFP) fNVITATION FOR BID QFB) USE OF MASTER SERVICE AGREEMENT Attach justi/icafion il secondary method is usedJ SOLE SOURCE CONTRACT EXEMPT FROM BIDDING OTHER Ie.ian,) I Attach STD. 821J Give authority/or exempt status) Reimbursement NOTE: P ool of advertisement in the State Contracts Register or an approved form STD. 821, Contract Advertising Exemption Reqvest,must 6e attached 14.SUMMARY OF BIDS (List o(bidders,bid amount and small business status) Qf an amendment, sole source,or exempt, leave blank) I 15.IF AWARD OF AGREEMENT IS TO OTHER THAN THE LOWER BIDDER. PLEASE EXPLAIN REASON(S)(Ifan amentlment,sole source, or exemp(, leave blankJ 16.WHAT IS THE BASIS FOR DETERMINING THAT THE PRICE OR RATE IS REASONABLE? Not Applicable. This is a reimbursement agreement with a local agency. II 17.JUSTIFICATION FOR CONTRACTING OUT(Check one) Contracting out is based on cost savings per Contrecting out is justifed based on Govemment Code 19130(b). Government Code 19130(a). The S ate Personnel Boa d Justifcation for ihe Agreemen is described below. has been so notified. Justi/icafion: I Not Applicable.This is a reimbursemeni agreement with a local agency. 18. FOR AGREEMENTS W EXCESS OF 19. HAVE CONFLICT OF INTEREST ISSUES 20. FOR CONSULTING AGREEMENTS.DID YOU 5,000, HAS THE LETTING OF THE BEEN IDENTIRED AND RESOLVED AS REVIEW ANY CONTRACTOR EVALUATIONS AGREEMENT BEEN REPOR7ED TO REQUIRED BY THE STATE CONTRACT ON FILE WITH THE DGS LEGAL OFFICE? I THE DEPARTMENT OF FAIR MANUAL SECTION 7.10? EMPLOYMENT AN HOUSWG? NO YES N/A NO YES N!A NO YES NONE N/A ON FlLE 21. IS A SIGNED COPY OF THE FOLLOWING ON FILE AT YOUR AGENCY FOR THIS 22. REQUIRED RESOLUTIONS ARE ATTACHED CONTRACTOR? A. CONTRACTOR GERTIFICATION CLAUSES B. STD.204, VENDOR DATA RECORD IINO YES NIA I NO [] YES NiA NO YES NIA 23.ARE DISABLED VETERANS BUSWESS ENTERPRISE GOALS REQUIRED? Qlan amendmen(,explain changes,ifany) II NO (Explain be ow)YE5 (l YES complete the lollowing) DISABLED VETERAN BUSWE55 ENTERPRISES %OF AGREEMENT We have tleterminetl iha[the contractor has made a sincere good faith effort[o meet Ihe 9oal. Explain: Schedule A and Wildland agreements are exempt from DVBE requirements per SCM Section 8.12 I 24. IS THIS A SMALL BUSWESS CERTIFIED BY OSBGR? SMALL BUSINESS REFERENCE NUMBER i NO YES (Indicate lndustry GroupJ 25. S THIS AGREEMENT(WITH AMENDMENTS)FOR A PERIOD OF TIME LONGER THAN ONE VEAR? QfYES,providejustificationJ NO YES Thls Is an ongoing fire protection agreement in which CAL FlRE provides services to and is reimhursed by local agency.Local agency has control over lhe approval based on fiscal and board restraints[his includes an extension clause to enable CAL FIRE to provide continuous,uninterrupted IIpmtecliololocalagency. l certify that a//copies of the referenced Agreement will conform to the original Agreement sent to the Department of General Services. SIGNATURE'TITLE DATE SIGNED I i - , . ._ - ___ Contraaor I ame: City of Ukiali Contmet Na: ICA019 Pa e Nn.:? EXHIBIT A COOPERATIVE FIRE PROGRAMS FIRE PROTECTION REIMBURSEMENT AGREEMENT The project representatives during the term of this agreement will be: CAL FIRE Unit Chief: Local Agency: Name: Christopher P. Rowney Name: Chris Qewey Phone: 707-459-7414 Phone: 707-463-6242 I Fax: 707-459-3041 Fax: 707-462-6068 I All required correspondence shall be sent through U.S. Postal Service by certified mail and directed to: CAL FIRE Unit Chief: Local Agency: Section/Unit:Mendocino Unit Section/Unit: Ciry of Ukiah Attention: Christopher P. Rowney Attention: Chris Dewey I Address: 17501 N Highway 101 Address: 300 Seminary Ave. Ukiah i Willits Ca 95490 Ca 95482 Phone: 707-459-7414 Phone: 707-463-6242 I Fax: 707-459-30A1 Fax: 707-462-6068 I Send an additional copy of all correspondence to: CAL FIRE Cooperative Fire Services P.O. Box 944246 Sacramento, CA 94244-2460 AUTHORIZATION As used herein, Director shall mean Director of CAL FIRE. This agreement, its terms and condltions are authorized under the Public Resources Code Sections 4141, 4142, 4143 and 4144, as applicable. I J Contracror Name: City of L:kiah Contract No.: 1GA0l9jj I Pa z o.. ; EXHIBIT A SCOPE OF WORK I Under Public Resources Code Section 4114 a d other provisions of law, STATE maintains fire prevention and fire suppression forces including the necessary equipment, personnel, and facilities required to prevent and extinguish forest fires. The purpose of this agreement is to provide mutually advantageous fire and emergency services through an effective consolidated organization, wherein the STATE is primarily financially responsible tor protecting natural resources from vegetation fires and the LOCAL AGENCY is primarily financially responsible for protecting life and property from fires and other emergencies. The LOCAL AGENCY shall have sole authority to establish the fire protection organization and structure needed to meet the determined level of service. This level of service may be based on the LOCAL AGENCY goveming board's established fiscal parameters and assessment of risks and hazards. LOCAL AGENCY personnel providing services under this agreement may indude any one or a combination of the following: regular employees, persons temporarily employed and commonly known as volunteers, paid-call firefighters, or others temporarily employed to perform any emergency work ar emergency service including, but not limited to fire prevention, fire suppression and emergency medical response. To comply with the STATE's mandate for full cost recovery of goods and services provided for others, the LOCAL AGENCY shall be responsible for all STATE costs, both direct and indirect, required to execute the terms of this agreement. These costs shall indude, but not be limited to: required training and associated post coverage, employee uniform and Personal Protective Equipment (PPE) costs. 1. FIRE PROTECTION SERVICES TO BE PROVIDED BY THE STATE STATE provides a modern, fu11 service fire protection and emergency incident management agency that provides comprehensive fire protection and other emergency incident response. STATE designs regional fire protection solutions for urban and rural communities by efficiently utilizing all emergency protection resources. Regional solutions provide the most effective method of protecting the citizens of Califomia at local, county and state levels. IFireprotectionservicestobeprovidedbySTATEunderthisagreementshallincludethefollowing: check boxes below that appiy) i 1) Emerqencv fire protection emerqencv response and basic life support services include commercial, residential, and wildland fire protection, prevention and investigation; hazardous materials incident response, emergency vehicle extncation; hazardous conditions response flooding, downed power lines, earthquake, terrorist incident, etc.); Emergency Medical Techniclan (EMT) level emergency medical and rescue response; public service assistance. Also included are management support services that include fire department administration, training i and safety, personnel, finance and logistical support. 2) Advanced Life Support Services: paramedic level emergency medical response providing early advanced airway management, intravenous drug therapy, and life support system stabilization until patients are transported to the nearest emergency care facility. 3) Disoatch Services: provide fire department 9-1-1 emergency dispatch by CAL FIRE Fire(Emergency Command Center (ECC). CAL FIRE will be responsible for fire/emergency dispatching emergency resource units covered under this agreemenL The CAL FIRE ECC is staffed with a Sattalion Chief, three or more Fire Captains and Communications Operators to Contractor Namc: City oC Ukiah Contrart\o.: 1G1019 Paee tio.: 4 provide 24/7 year-round coverage. There is always an officer of Captain rank or higher to serve as the shift supervisor and command officer. CAL FIRE uses an integrated Computer Aided Dispatch (CAD) system using the laiest technology, to direct the closest available resources to all emergency incidents. 4) Fire Code Inspection Prevention and Enforcement Services CAL FIRE has staff Fire Inspectors serving under the direction of the LOCAL AGENCY Fire Marshal to provide services to the area covered by this agreement. Fire Code Enforcement will normally be available five days per week, with emergency or scheduled enforcement inspections available seven days per week. Fire Prevention and Investigation services will be provided by CAL FIRE Prevention Officers trained in arson, commercial, and wildland fire investigation. Officers are available by appointment for site visits and consultations. Officers are trained at CAL FIRE's Peace Officer Standard Training (POST) certified law enforcement training academy and they cooperate effectively with all local, state and federal law enforcement agencies. 5) Land Use/ Pre-Fire Planninq Services — CAL FIRE staff will provide community land use planning, administration of Pre-Fire project work, including community outreach, development of community education programs, project quality control, maintenance of project records and submittal of progress reports, completion of required environmental documentation, acquisition of required permits and completion of other associated administrative duties. 6) Disaster planning services (listed in Exhibit E, Description of Other Services, attached hereto and made a part of this agreement) 7) Specific service descriptions and staffing coverage, by station (listed in Exhibit E, Description of Other Services, attached hereto and made a part of this agreement) 8) Extended Fire Protection Service Availability (Amador) 2. ADMINISTRATION Under the requirements of Califomia Public Resources Code Section 4114 and other provisions of law, STATE maintains fire prevention and firefighting services as outlined in Exhibit D, Schedule B of this agreement. A. Director shall select and employ a Region Chief who shall, under the direction of the Director/Chief Deputy Director, manage all aspects of fire prevention and fire protection services and forestry-related programs. B. Director will select and employ a State Forest Officer referred to as Unit Chief who shall, under the supervision and direction of Director or a lawful representative, have charge of the organization described in Exhibit D, Schedules A, B and C included hereto and made a part of this agreement. C. LOCAL AGENCY may appoint, with the concurrence of the Region Chief, which concurrence shall not be unreasonabiy withheld, the Unit Chief as the LOCAL AGENCY Fire Chief pursuant to applicable statutory authority. D. The Unit Chief may dispatch personnel and equipment listed in Exhibit D, Schedules A, B and C from the assigned station or location under guidelines established by LOCAL AGENCY and approved by STATE. Personnel and/or equipment listed in Exhibit D, Schedule B may be dispatched at the sole discretion of STATE. E. The Unit Chief shall exercise professional judgment consistent with STATE policy and his or her employment by STATE in authorizing or making any assignments to emergencies and other responses, including assignments made in response to requests for mutual aid. i Contractor Namc Cit}' nf Ukiah ConvactNo.: ICA019» Pa e No,: > F. Except as may be othenvise provided for in this agreement, STATE shall not incur any obligation on the part of LOCAL AGENCY to pay for any labor, materials, supplies or services beyond the total set forth in the respective Exhibit D, Schedules A and C, as to the services to be rendered pursuant to each Schedule. G. Nothing herein shall alter or amend or be construed to alter or amend any Collective Bargaining Agreement or Memorandum of Understanding between the State of California and its employees under the State Employer-Employee Relations Act. 3. SUPPRESSION COST RECOVERY As provided in Health and Safety Code (H&SC) Section 13009, STATE may bring an action for collection of suppression costs of any fire caused by negligence, violation of law, or failure to correct noticed fire safety violations. When using LOCAL AGENCY equipment and personnel under the terms of this agreement, STATE may, at the request of LOCAL AGENCY, bring such an action for collection of cosis incurred by LOCAL AGENCY. In such a case LOCAL AGENCY appoints and designates STATE as its agent in said collection proceedings. In the event of recovery, STATE shall deduct fees and litigation costs in a proportional percentage amount based on verifiable and justifiable suppression costs for the fire at issue. These recovery costs are for services provided which are beyond the scope of those covered by the local government administrative fee. In all such instances, STATE shall give timely notice of the possible application of H&SC Section 13009 to the representative designated by LOCAL AGENCY. 4. MUTUAL AID When rendering mutual aid or assistance as authorized in H&SC Sections 13050 and 13Q54, IISTATEmay, at the request of LOCAL AGENCY, demand payment of charges and seek reimbursement of LOCAL AGENCY costs for personnel, eq ipment and operating expenses as funded herein, under authoriry given by H&SC Sections 13051 and 13054. STATE, in seeking said reimbursement pursuant to such request of LOCAL AGENCY, shall represent LOCAL AGENCY by following the procedures set forth in H&SC Section 13052. Any recovery of LOCAL AGENCY I costs, less expenses, shall be paid or credited to LOCAL AGENCY, as directed by LOCAL AGENCY. In all such instances, STATE shall give timely notice of the possible application of H&SC Sections 13051 and 13054 to the officer designated by LOCAL AGENCY. 5. PROPERTY PURCHASE AND ACCOUNTING I LOCAL AGENCY shall be responsible for alI costs associated with property required by personnel to carry out this agreement. Employee uniform costs will be assessed to the LOCAL AGENCY through the agreement billing process. Personal Protective Equipment (PPE) costs shall be the responsibility of the LOCAL AGENCY. By mutual agreement, PPE meeting the minimum specifications established by the STATE may be purchased dlrectly by the LOCAL AGENCY. Alternately, the STATE will supply all PPE and the LOCAL AGENCY will be billed for costs incurred All property provided by LOCAL AGENCY and by STATE for the purpose of providing fire protection services shall be marked and accounted for by the Unit Chief in such a manner as to conform to the regulations, if any, established by the parties for the segregation, care, and use of I the respective properties. Co tractor Name: City uC Ukiah Crnnract Na: 1 C:019 Paar\o.. F j EXHIBIT B BUDGET DETAIL AND PAYMENT PROVISIONS 1. PAYMENT FOR SERVICES A. LOCAL AGENCY shall pay STATE actual cost for fire protection services pursuant to this agreement an amount not to exceed that set forth in Exhibit D, Schedule A for each fiscal year. STATE shall prepare an Exhibit D, Schedule A each year, which shall be the basis for payment for the entire fiscal year for which services are provided. B. Any other funds designated by LOCAL AGENCY to be expended under the supervision of or for use by a Unit Chief for fire protection services shall be set forth in Exhibit D, Schedule C. Thls dause shall not Ifmit the right of LOCAL AGENCY to make additional expenditures, whether under Exhibit D, Schedule C or otherwise. C. STATE shall invoice LOCAL AGENCY for the cost of fire protection services on a quarterly basis as follows: 1) For actual services rendered by STATE during the period of July 1 through September 30, by an invoice filed with LOCAL AGENCY on or after December 10. 2) For actual services rendered by STATE during the period October 1 through IDecember31, by an invoice filed with LOCAL AGENCY on or after December 31. 3) For actual services rendered by STATE during the period January 1 through March 31, by an invoice filed with LOCAL AGENCY on or after March 31. 4) For lhe estimated cost of services during the period April 1 ihrough June 30, by an invoice filed in advance with LOCAL AGENCY on or after March 1. 5) A final statement shall be filed with LOCAL AGENCY by October 1 following the close of the iiscal year, reconciling the payments made by LOCAL AGENCY with the cost of the actual 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 6) All payments by LOCAL AGENCY shall be made within thirty (30) days of receipt of invoice from STATE, or within thirty (30) days after the filing dates specified above, whichever is later. 7) The STATE reserves the right to adjust the frequency of billing and payment to a monthiy cyde with a thirty (30) day written notice to the LOCAL AGENCY when: a. The Director predicts a cash flow shortage, or b. When determined by the Region Chief, after consulting with the Unit Chief and the LOCAL AGENCY Contract Administrator, that the LOCAL AGENCY may not have the financial ability to support the contract at the contract level. D. Invoices shall include actual or estimated costs as provided herein of salaries and employee benefits for those personnel employed, charges for operating expenses and equipment and the administrative charge in accordance with Exhibii D, Schedule A. When "contractual rates" are indicated, the rate shall be based on an average salary plus all benefits. "Contractual rates" means an all-inclusive rate established in Exhibit Contractor Nnme: Ci[y of Ukiah Contrnct No.: 1 CA01955 Pa_c \o.: 7 D, Schedule A for total costs to STATE, per specified position, for 24-hour fire protection services during the period covered. E. STATE shall credit the LOCAL AGENCY, or cover behind at no cost, for the costs of Non-Post (e.g. Fire Marshal, Training Officer, etc.) positions and equipment assigned to STATE responsibility fires or other STATE funded emergency incidents. The STATE shall notify the LOCAL AGENCY when this occurs. 2. COST OF OPERATING AND MAINTAINING EQUIPMENT AND PROPERTY The cost of maintaining, operating, and replacing any and all property and equipment, real or personal, fumished by the parties hereto for fire protection purposes, shall be borne by the party awning or furnishing such property or equipment unless othenvise provided for herein or by separate written agreement. 3. BUDGET CONTINGENCY CLAUSE A. If the LOCAL AGENCY's goveming 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 rom tl notif the STApp TE and the STATYY E shall have the option to either cancel this Agreement with no liability occurring to the STATE, or oifer 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 suificient 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. 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 IAgreement. F. LOCAL AGENCY and STATE agree that this Budget Contingency Clause shall not relieve i or excuse either party from its obligation(s) to provide timety notice as may be required elsewhere in this Agreement. I i Coniractor namc: City of l!kiah Contract 10.: 1CA019 Paec A'o.: R EXHIBIT C GENERAL TERMS AND CONDITIONS 1. APPROVAL: This Agreement is of no force or effect until signed by both parties and approved by the Department of General Services, if required. STATE will not commence performance until such approval has been obtained. 2. AMENDMENT: This agreement may be amended by mutual consent of LOCAL AGENCY and STATE. No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties and approved as required. No oral understanding or Agreement not incorporated in the Agreement is binding on any of the parties. If during the term of this agreement LOCAL AGENCY shall desire a reduction in STATE civil service employees assigned to the organization provided for in Exhibit D, Schedule A, LOCAL AGENCY shall provide 120 days written notice of the requested reduction. Notification shall include the following: (1) The total amount of reduction; (2) The firm effective date of the reduction; and (3) The number of employees, by classification, affected by a reduction. If such notice is not provided, LOCAL AGENCY shall reimburse STATE for relocation costs incurred by STATE as a result of the reduction. Personnel reductions resulting solely from an increase in STATE employee salaries or STATE expenses occurring after signing this agreement and set forth in Exhibit D, Schedule A to this agreement shall not be subject to reloca it on expense reimbursement by LOCAL AGENCY. If during the term of this agreement costs to LOCAL AGENCY set forth in any Exhibit D, Schedule A to this agreement increase and LOCAL AGENCY, in its sole discretion, determines it cannot meet such increase without reducing services provided by STATE, LOCAL AGENCY shall within thirty (30) days of receipt of such Schedule notify STATE and designate which adjustments shall be made to bring costs to the necessary level. If such designation is not received by STATE within the period specified, STATE shall reduce services in its sole discretion to permit continued operation within available funds. 3. ASSIGNMENT: This Agreement is not assignable by the LOCAL AGENCY either in whole or in part, without the consent of the STATE in the form of a formal written amendment. 4. EXTENSION OF AGREEMENT: A. One year prior to the date of expiration of this agreement, LOCAL AGENCY shall give STATE written notice of whether LOCAL AGENCY intends to extend or enter into a new agreement with STATE for fire protection services and, if so, whether LOCAL AGENCY intends to change the level of fire protection services from that provided by this agreement. If this agreement is executed with less than one year remaining on the term of the agreement, LOCAL AGENCY shall rovide this written notice at the time it si ns thePg agreement and the one year notice requirement shall not apply. B. If LOCAL AGENCY fails to provide the notice, as defined above in (A), STATE shall have the option to extend this agreement for a period of up to one year from the original termination date and to continue providing services at the same or reduced level as STATE determines would be appropriate during the extended period of this agreement. Six months prior to the date of expiration of this agreement, or any extension hereof, STATE shall give written notice to LOCAL AGENCY of any extension of this agreement and any change in the level of fire protection services STATE will provide during the extended period of this agreement. Services provided and obligations incurred by STATE during an extended period shall be accepted by LOCAL AGENCY as services and obligations under the terms of this agreement. 1 i Crnvractor ame: City ot Ukiah Conlract;o.: 7 CA0195j Pa e No.: 9 I C. The cost of services provided by STATE during the extended period shall be based upon the amounts that would have been charged LOCA AGENCY during the fiscal year in I which the extended period falls had the agreement been extended pursuant hereto. Payment by LOCAL AGENCY for services rendered by STATE during the extended period shall be as provided in Exhibit B, Section 1, B of this agreement. 5. AUDIT: STATE, including the Department of General Services and the Bureau of State Audlts, and LOCAL AGENCY agree that their designated representative shall have the right to review and to copy any records and supporting documentation of the other party hereto, pertaining to the performance of this agreement. STATE and LOCAL AGENCY agree to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated, and to allow the auditor(s) of the iotherpartyaccesstosuchrecordsduringnormalbusinesshoursandtoallowinterviewsof any employees who might reasonably have information related to such records. STATE and LOCAL AGENCY agree to a similar right to audit records and interview staff in any subco tract related to performance of this Agreement. (Gov. Code §8546J, Pub. Contrect I Code §10115 et seq., CCR Title 2, Section 1896). I6. INDEMNIFICATION: Each party, to the extent permitted by law, agrees to indemnify, defend and save harmless the other party, its officers, agents and employees Srom (1) any and alf claims for economic losses accruing or resuiting to any and all contractors, subcontractors, suppllers, laborers and any other person, firm, or corporation furnishing or supplying work services, materials or suppiies to that party and (2) from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by that party, in the performance of any activities of that party under this agreement, except where such injury or damage arose from the sole negligence or wiliful misconduct attributable to the other party or from acts not wiihln the scope of du6es to be performed pursuant to this agreement; and (3) each party shall be responsible for any and all claims that may arise from the behavior and/or performance of its respective employees during and in the course of their employment to this cooperative agreement. 7. DISPUTES: LOCAL AGENCY shall select and appoint a "Contract Administrator" who shall, under the supervision and direction of LOCAL AGENCY, be available for contract resolution or policy intervention with the S7ATE's Region Chief when, upon determination by ihe designated STATE representative, the Unit Chief acting as LOCAL AGENCY's Fire Chief under this agreement faces a situation in which a decision to serve the interest of LOCAL AGENCY has the potential to conflict with STATE interest or policy. Any dispute concerning a question of fact arising under the terms of this agreement which is not disposed of within a reasonable period of time by the LOCAL AGENCY and STATE employees normally responsible for the administration of this agreement shall be brought to the attention of the i Chief Executive Officer (or designated representative) of each organization forjoint resolution. For purposes of this provision, a 'reasonable period of time" shall be ten (10) calendar days or less. STATE and LOCAL AGENCY agree to continue with the responsibilities under this Agreement during any dispute. 8. TERMINATION FOR CAUSE/CANCELLATION: A. If LOCAL AGENCY fails to remit payments in accordance with any part of this agreement, STATE may terminate this agreement and all related services upon 60 days written notice to LOCAL AGENCY. Termination of this agreement does not relieve LOCAL AGENCY from providing STATE full compensation in accordance with terms of this agreement for services actuaily rendered by STATE pursuant to this agreement. I I 1' I Contractor Name: City of Ukiah Contract Iv'o.: 1 CA019 Paae l'o.: 10 B. This agreement may be cancelled at the option of either STATE or LOCAL AGENCY at any time during its term, with or without cause, on giving one year's written notice to the other party. Either LOCAL AGENCY or STATE electing to cancel this agreement shall give one year's written notice to the other party prior to canceilation. 9. INDEPENDENT CONTRACTOR: Unless otherwise provided in this agreement LOCAL AGENCY and the agents and employees of LOCAL AGENCY, in the performance of this Agreement, shall act in an independent capacity and not as officers or employees or agents of the STATE. 10. NON-DISCRIMINATION CLAUSE: During the performance of this agreement, LOCAL AGENCY shall be an equal opportunity employer and shall not unlawfully 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 (e.g.cancer), age (over 40), marital status, denial of family care leave, veteran status, sexual orientation, and sexual identity. LOCAL AGENCY shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. LOCAL AGENCY shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 (a-f) et seq.) and the applicable regulations promulgated thereunder (Califomia Code of Regulations, Title 2, Section 7285 et seq.). The applicabte regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a-f), set forih in Chapter 5 of Division 4 of Title 2 of the Califomia Code of Regulations, are incorporated into this Agreement by reference and made a part hereof as if set forth in full. LOCAL AGENCY shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement. In addition, LOCAL AGENCY acknowledges that it has obligations relating to ethics, Equal Employment Opportunity (EEO), the Fire Fighter's Bill of Rights Act (FFBOR), and the Peace Officer's Bill of Rights Act (POBOR). LOCAL AGENCY shall ensure that its employees comply with all the legal obligations relating to these areas. LOCAL AGENCY shall ensure that ifs employees are provided appropriate training. 11. TIMELINESS: Time is of the essence in the performance of this agreement. 12. COMPENSATION: The consideration to be paid STATE, as provided herein, shall be in compensation for all of STATE's expenses incurred in the performance hereof, including travel, per diem, and taxes, unless otherwise expressly so provided. 13. GOVERNING LAW: This agreement is govemed by and shall be interpreted in accordance with lhe laws of the State of California. 14. CHILD SUPPORT COMPLIANCE ACT: "For any Agreement in excess of 100,000, the LOCAL AGENCY acknowledges in accordance with Public Contract Code 7110, that: A. The LOCAL AGENCY recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code; and B. The LOCAL AGENCY, to the best of its knowledge is fully complying with the eamings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the Califomia Employment Development Department." I I Cnntractor Name: City ol Ukiah Co ract No.: 1CA019ij Page Na: 1 I 15. UNENFORCEABLE PROVISION: In the event that any provision of this Agreement is unenforceable or held to be unenforceable, then the parties agree that all other provisions of this Agreement have force and effect and shall not be affected thereby. 16. COMPLIANCE WITH THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPAA The STATE and LOCAL AGENCY have a responsibility to comply with the provisions of the 1996 Federal Health Insurance Portability and Accountability Act (HIPAA) and the 2001 State Health Insurance Portability and Accountability Implementation Act. HIPAA provisions become applicable once the association and relationships of the health care providers are determined by the LOCAL AGENCY. It is the LOCAL AGENCY`S responsibility to determine their status as a "covered entity" and the relationships of personnel as "heaith care providers", "health care clearinghouse", `hybrid entities", business associates", or "trading partners". STATE personnel assigned to fill the LOCAL AGENCY'S positions within this Agreement, and their supervisors, may fall under the requirements of HIPAA based on the LOCAL AGENCY'S status. It is the LOCAL AGENCY'S responsibility to idenfify, notify, train, and provide all necessary policy and procedures to the STATE personnel that fall under HIPAA requirements so that they can comply with the required security and privacy standards of the act. 17. LIABILITY INSURANCE The STATE and LOCAL AGENCY shall each provide proof of insurance In a form acceptable to the other party at no cost one to the other, to cover all services provided and use of local government facilities covered by this agreement. If LOCAL AGENCY is insured and/or self-insured in whole or in part for any losses, LOCAL AGENCY shall provide a completed Certification of Self Insurance (Exhibit D, Schedule E) or certificate of insurance, executed by a duly authorized offlcer of LOCAL AGENCY. Upon request of LOCAL AGENCY the STATE shall provide a letter from DGS, Office Risk and Insurance Management executed by a duly aulhorized officer of STATE. If commercially insured in whole or in part, a certificate of such coverage executed by the insurer or its authorized representative shall be provided. Said commercial insurance or self-insurance coverage of the LOCAL AGENCY shall include the following: A. Fire protection and emergency services - Any commercial insurance shall provide at least general liability for $5,000,000 combined single limit per occurrence. B. Dispatch services — Any commercial insurance shall provide at least general liability for 1,000,000 combined single limit per occurrence. G The CAL FIRE, State of Califomia, its officers, agents, employees, and servants are included as additional insured's for purposes of this contract. D. 7he STATE shall receive thirty (30) days prior written notice of any cancellation or change to the policy at the addresses isted on page 2 of this agreement. 18. WORKERS COMPEtVSATiON: (only applies where local government employees/volunteers are supervised by CAL FIRE, as listed in Exhibit D Schedule C. STATE contract employees' i workers compensation is included as part of the contract personnel benefit rate). A. Workers' Compensation and related benefits for those persons, whose use or employment is contemplated herein, shall be provided in the manner prescribed by Califomia Labor Codes, State Interagency Agreements and other related laws, rules, insurance policies, collective bargaining agreements, and memorandums of understanding. I I Contractor Name: City of Ukiah Contract Nc.: 1 CAU 1955 Ya e No.; R B. The STATE Unit Chief administering the organization provided for in this agreement shall not use, dispatch or direct any non STATE employees, on any work which is deemed to be the responsibility of LOCAL AGENCY, unless and until LOCAL AGENCY provides for Workers' Compensation benefits at no cost to STATE. In the event STATE is held liable, in whole or in part, for the payment of any Worker's Compensation claim or award arising from the injury or death of any such worker, LOCAL AGENCY agrees to compensate STATE for the full amount of such liability. C. The STATE /LOCAL AGENCY shall receive proof of Worker's Compensation coverage and shall be notified of any cancellation and change of coverage at the addresses listed in Section 1. 19. CONFLICT OF INTEREST. LQCAL AGENCY needs to be aware of the following provisions regarding current or former state employees. If LOCAL AGENCY has any questions on the status of any person rendering services or involved with the Agreement, the STATE must be contacted immediately for clarification. Current State Employees (Public Contract Code §10410): 1) No officer or employee shall engage in any employment, activity or enterprise from which the officer or employee receives compensetion or has a financial interest and which is sponsored or funded 6y any state agency, unless the employment, activity or enterprise is required as a condition of regular state employment. 2) No officer or employee shall contract on his or her own behalf as an independent contractor with any state agency lo provide goods or services. Former State Employees (Public Contract Code §10411): For the two-year period from the date he or she left state employment, no former state officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements or any part of the decision-making process relevant to the contract while employed in any capacity by any state agency. 2) For the twelve-month period from the date he or she left state employment, no former state officer or employee may enter into a contract with any state agency if he or she was employed by that state agency in a pollcy-making position In the same general subject area as the proposed contract wiihin the 12-month period prior to his or her leaving state service. i If LOCAL AGENCY violates any provisions of above paragraphs, such action by LOCAL AGENCY shall render this Agreement void. (Public Contract Code §10420) Members of boards and commissions are exempt from this section if they do not receive I payment other than payment of each meeting of the board or commission, payment for preparatory time and payment for per diem. (Public Contract Code §10430 (e)) 20. LABOR CODE/WORKERS' COMPENSATION: LOCAL AGENCY needs to be aware of the provisions which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accorda ce with the provisions, and LOCAL IAGENCYaffirmstocomplywithsuchprovisionsbeforecommencingtheperformanceofthe work of this Agreement. (Labor Code Section 3700) 21. AMERICANS WiTH DISABILYTIES ACT: LOCAL AGENCY assures ihe State that it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the i Contractor 1Jame: City Of Ukiali Contract No.: 1 CA019 Paee no. 13 basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.) 22. LOCAL AGENCY NAME CHANGE. An amendment is required to change the LOCAL AGENCY'S name as listed on this Agreement. Upon receipt of legal documentation of the name change the STATE will process the amendment. Payment of invoices presented with a new I name cannot be paid prior to approval of said amendment. I 23. RESOLUTION: A county, city, district, or other focal public body must provide the STATE with a Icopyofaresolution, order, motion, or ordinance of the local governing body which by law has authority to enter into an agreement, authorizing execution of the agreemeM. 24. AIR OR WATER POLLUTION VIOLATION: Under the State laws, the LOCAL AGENCY shall not be: (1) in violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district; (2) subject to cease and desist order not subject to review issued pursuant to Section 133 1 of the Water Code for violation of waste discharge requirements or discharge prohibitions; or (3) finally determined to be in violation of provislons of federal law reiating to alr or water pollution. 25. ENTIRE AGREEMENT: This agreement contains the whole agreement between the Parties. It cancels and supersedes any previous agreement for the same or similar services. I I i I J i Coniractor Kame: Ci[y of l:kiah i Co itrnct 'o.: ICA019JJ Page No.: 14 I EXHIBIT D ADDITIONAL PROVISIONS EXCISE TAX: State of California is exempt from federal excise taxes, and no payment wili be i made for any taxes levied on employees' wages. STATE will pay any applicable State of California or local sales or use taxes on the services rendered or equipment or parts supplied I pursuant to thls agreement. The STA7E may pay any applicable sales and use tax imposed by another state. Schedules The foliowing Schedules are included as part of this agreement (check boxes if they apply): A. Fiscal Display, PRC 4142 AND/OR PRC 4144 - STATE provided LOCAL AGENCY funded fire protection services. STATE-owned vehicles shall be operated and maintained in accordance with policies of STATE at rates listed in Exhibit D, Schedule A. h] B. STATE Funded Resource - A listing of personnel, crews and major facilities of the STATE overlapping or adjacent to the local agency area that may form a reciprocal part of this agreement. C. LOCAL AGENCY Provided Local Funded Resources - A listing of services, personnel, equipment and expenses, which are paid directly by the focal agency, but which are under the supervision of the Unit Chief. D. LOCAL AGENCY Owned STATE Maintained Vehicles - Vehicle information perlaining 10 maintenance responsibilities and procedures for local agency-owned vehicles that may be a part of the agreement. LOCAL AGENCY-owned firefighting vehicles shall meet and be maintained to meet minimum safety standards set forth in Title 49, Code of Federal Regulations; and Titles 8 and 13, Califomia Code of Regufations. LOCAL AGENCY-owned vehicies that are furnished to the STATE shall be maintained and operated in accordance to LOCAL AGENCY policies. In the event LOCAL AGENCY does not have such policies, LOCAL AGENCY-owned vehicles shall be maintained and operated in accordance with STATE policies. The cost of said vehicle maintenance and operation shall be at actual cost or at rates listed in Exhibit D, Schedule D. Exhibit D, Schedule D is incorporated into this section if LOCAL AGENCY-owned vehicles listed in Exhibit Q Schedule P are to be operated, maintained, and repaired by STATE. LOCAL AGENCY assumes full responsibility for all liabilities associated therewith in IaccordancewithCaliforniaVehicleCodeSections17000, 17001 et seq. STATE employees operating LOCAL AGENCY-owned vehicles shall be deemed employees of LOCAL AGENCY, as defined in Vehicle Code Section 17000. Except where LOCAL AGENCY would have no duty to indemnify STATE under Exhlblt C, Section 6 for all LOCAL AGENCY-owned vehides operated or used by employees of STATE under this agreement. LOCAL AGENCY employees who are under the supervision of the Unit Chief and operating STATE-owned motor vehicles, as a part of the duties and in connection I Coniractor Name: City of Ukiah Contract No.: 1C 019 Paoc No.: I with fire protection and other emergency services, shall be deemed employees of STATE, as defined in Vehicle Code Section 17000 for acts or omissions in the use I i of such vehicles. Except where STATE would have no duty to indemnify LOCAL AGENCY under Exhlbit C, Section 6. E. Certification of Insurance - Provider Insurance Certification and/or proof of self- insurance. II i 1 IExhibit D Schedule A Contractor Name: City of Ukiah Contract No: iCA01955 Ukiah City Fire Page No: 16 I ECC Only SCHEDULE A-4142 INDEX 1100 PCA 17*"* THIS IS SCHEDULE A-4142 OF THE COOPERATIVE FIRE PROTECTION AGREEMENT DATED March 1. 2013, BETWEEN THE STATE OF CAI.IFORNIA, DEPARTMENT OF FORESTRY, AND UKIAH C1TY, A LOGAL AGENCY. IPosition Funding Personnel Monthly Total Sub PERSONNEL SERVICES: % No. Class Period Months Rate Salary Benefits Total T07AL I SALARY&WAGES: Command & Support Staff: 51.56°!0 I CommunicaGons Operalor 100°/o Z.00 Comm Op 4 mo. 5.00 4,562 36,496 518,825 55,321 Subtotal reg wages 55,321 UNPLANNED OVERTIME: 1.45% Communications Operalor 100°/o 2.00 Comm Op 100 hrs S39 57,800 S113 57,913 7,913 ISUBTOTAL : Personnel Services 63,234 OPERATING EXPENSES: % No. Rate Total ICOMMUNICATIONS ECC Maint and Utilitics 100% 0.66 ECC Expense 4 mo 5300 $1,200 1,200 I PERSONALCARE Uniforms: 0.00% I100% 2.00 Comm Op 0.33 yr. 5450 5297 SO u297 5297 Subtotal Operating Expenses 1,497 AdministrativeCharge: 11.51% 7,451 ITOTAL: SCHEDULE A 72 181 I Exhibit D Schedule A Contractor Name: City of Ukiah I Contract No. 1CA01955 Ukiah City Fire Page No: 17 ECC Oniy SCHEDULE A-4142 I INDEX 1100 PCA 17'*' I THIS IS SCHEDULE A-4142 OF THE COOPERATIVE FIRE PROTECTION AGREEMENT DATED JULY 1, 2013, BETWEEN THE STATE OF CALIFORNIA, DEPARTMENT OF FORESTRY, AND IfKIAH CITY, A LOCAL AGENCY. Position Funding Personnel Monthly Total Sub PERSONNEL SERVICES: % No. Class Period Months Rate Salary Benefits Totaf TOTAL ISALARY & WAGES: Command &Support Staff: 5.58°l0 Communications Operator 100% 2 Comm Op 12 mo. 24.00 54.562 5109.488 556,474 S 65,962 Subtotal reg wages 165,962 I UNPLANNED OVERTIME: 1.45°(0 Communications Operator 100% 2 Comm Op 500 hrs 39 $19,500 5283 19,783 19,783 SUBTOTAL : Personnel Services 185,745 IOPERATWG EXPENSES: % No. Rate Total COMMUNICATIONS ECC Maint and Utilities 100% 1 ECG Expense 12 mo S300 S3.600 3,600 PERSONALCARE Uniforms: 0.00% 100% 2 Camm Op 1 yr. S450 900 SO 5900 900 ISubtotal Operating Expenses 4,500 Administrative Charge; 1t51% 2i,8g7 TOTAL: SCHEDULE A 212 142 i IExhibit D Schedule A Contrector Name: City of Ukiah I Contract No'. 1CA01955 Ukiah City Fire Page No: 18 ECC Only SCHEDULE A-4142 INDEX 1100 PCA 17"*" THIS IS SCHEDULE A-41A2 OF THE COOPERATNE FIRE PROTECTION AGREEMENT DATED JULY 1, 2014, BETW EEN THE STATE OF CALIFORNIA, DEPARTMENT OF FORESTRY, AND UKIAH CITY, A LOCAL AGENCY. I Position Funding Personnel Monthly Total Sub I PERSONNEL SERVICES: % No. Ciass Period Months Rate Salary Benefits Total TOTAL SALARY & WAGES: Command & Support Staff: 51.58% Communications Operator 100% 2 Comm Op 12 mo. 24.00 S4,562 S109,488 556,474 5165,962 I Subtotal reg wages 165,962 UNPLANNED OVERT{ME: 1.45°Jo ICommunicalions Operator 100°/o 2 Comm Op 500 hrs 39 19,500 283 519,783 19,783 Personne4 Services 185,7A5 OPERATING EXPENSES: % No. Rate Total COMMUNICATIONS I ECC Maint and Utilities 100% 1 EGC Expense 12 mo 5300 53,600 3,600 PERSONALCARE Uniforms: 0.00% 100% 2 Comm Op 1 yc 5450 5900 SO 9 0 900 Subtotal Operating Expenses 4,500 Administrative Charge: 11.51% 21,897 TOTAL: SCHEDULE A 212 142 Contractor Name: Mendocino County Contract No.: 1 CA01955 Page No.: 19 EXHIBIT D. SCHEDULE B STATE FUNDED RESOURCES NAME OF LOCAL AGENCY: Mendocino County This is Schedule B of Cooperative Agreement originally dated March 1, 2013, by and between CAL FIRE of the State of California and LOCAL AGENCY. Fiscal Year: 2012/13 to 2014/15 The Mendocino Unit has 120 permanent and 96 Seasonal personnel employed directly, or in support of, Schedule B Fire Protection. This provides staffing for the following Chief Officers and firefighting equipment: 1 Unit Chief 1 Deputy Chief 4 Division Chiefs 10 Battalion Chiefs 10 Forestry Fire Stations 18 Fire Engines 12 Fire Crews 5 Bulldozers 1 Air Attack Aircraft 2 Air Tankers 1 Helicopter Additional Fire Protection components indude: Fire Prevention Bureau (including Pre-Fire and Vegetation Management Programs) Training Bureau Emergency Command Center Automotive Fleet Management Service Center (logistical support) Administrative Services Additional personnel are available when needed from MEU Resource Protection and Jackson Demonstration State Forest staff(total of 20 employees). LG1 REV. 05/2011)