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HomeMy WebLinkAboutCalifornia Dept of Forestry and Fire Protection (CAL FIRE) 2021-07-01 COOPERATIVE FIRE PROGRAMS COU No. 0 Z, ( , AGREEMENT NUMBER tCA04885 FIRE PROTECTION REIMBURSEMENT AGREEMENT LG-1 REV. 11/2020 REGISTRATION NUMBER- 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 Ukiah 2. The term of this Agreement is: July 1, 2021 through June 30, 2025 3. The maximum amount of this $ 356,303.00 Agreement Is: Three hundred fifty six thousand,three hundred three dollars and no 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 4 pages Exhibit B-- Budget Detail and Payment Provisions 2 pages Exhibit C-General Terms and Conditions 7 pages Exhibit D-Additional Provisions 5 pages Exhibit E-- Description of Other Services 3 pages IN WITNESS WHEREOF.this Agreement hae been executed bi(the parties hereto. _ LOCAL AGENCY m California Department of Genera! LOCAL AGENCY'S NAME Services Use Only City of Ukiah BY(Authorized Signature DATE SIGNED(Do not type) PRINTED ME 'D LE OF PERSON SIGNING Sage Sangia omo ADDRESS 300 Seminary Avenue, Ukiah, CA 95482 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 Chris Anthony,Assistant Deputy Director,Cooperative Fire Protection,Training&Safety ADDRESS P.O.Box 944246,Sacramento,CA 94244-2460 Contractor Name: City of Ukiah Contract No.: 1CA04885 Page No.: 2 EXHIBIT A COOPERATIVE FIRE PROGRAMS FIRE PROTECTION REIMBURSEMENT AGREEMENT The project representatives during the term of this agreement will be: CAL FIRE Unit Chief: Mendocino Unit Local Agency: City of Ukiah Name: George Gonzalez Name: Doug Hutchison Phone: (707)459-7400 Phone: (707)462-7921 Fax: (707)459-3041 Fax: (707)462-2938 All required correspondence shall be sent through U.S. Postal Service by certified mail and directed to: CAL FIRE Unit Chief: George Gonzalez Local Agency: City of Ukiah Section/Unit: Mendocino Unit Section/Unit: City Manager Attention: Brandon Gunn Attention: Sage Sangiacomo Address: 17501 N. Hwy 101 Address: 300 Seminary Ave Willits, CA 95490 Ukiah, CA 95482 Phone: (707)459-7402 Phone: (707)463-6221 Fax: (707)459-3041 Fax: 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 conditions are authorized under the Public Resources Code Sections 4141, 4142,4143 and 4144,as applicable. Contractor Name: City of Ukiah Contract No.: 1CA04885 Page No.: 3 EXHIBIT A SCOPE OF WORK Under Public Resources Code Section 4114 and 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 for 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 governing board's established fiscal parameters and assessment of risks and hazards. LOCAL AGENCY personnel providing services under this agreement may include 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 or 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 include, 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,full 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 California at local, county and state levels. Fire protection services to be provided by STATE under this agreement shall include the following: (check boxes below that apply) ❑ 1 Emergency EmeLgency Fire Protection Medical and Rescue Response: services include commercial, residential, and wildland fire protection, prevention and investigation; hazardous materials incident response; emergency vehicle extrication; hazardous conditions response (flooding, downed power lines, earthquake, terrorist incident, etc.); emergency medical and rescue response; and public service assistance. Also included are management support services that include fire department administration, training and safety, personnel, finance and logistical support. ❑ 2) Basic Life Support Services: emergency medical technician (EMT) level emergency medical response providing first aid, basic life support (BLS), airway management, administration of oxygen, bleeding control, and life support system stabilization until patients are transported to the nearest emergency care facility. ❑ 3) 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. ® 4) Dispatch 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 Contractor Name:City of Ukiah Contract No.: 1CA04885 Page No.:4 dispatching emergency resource units covered under this agreement. The CAL FIRE ECC is staffed with a Battalion Chief, three or more Fire Captains and Communications Operators to 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 latest technology,to direct the closest available resources to all Emergency incidents. ❑ 5) 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. ❑ 6) Land Use/ Pre-Fire Planning 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. ❑ 7) Disaster planning services (listed in Exhibit E, Description of Other Services, attached hereto and made a part of this agreement) ❑ 8) 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) ❑ 9) Extended Fire Protection Service Availability (Amador) 2. ADMINISTRATION Under the requirements of California 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 Unit Chief who shall, under the supervision and direction of Director/Region Chief 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 shall appoint the Unit Chief as the LOCAL AGENCY Fire Chief for all Emergency Fire Protection, Medical and Rescue Response Agreements, pursuant to applicable statutory authority. The Unit Chief may delegate this responsibility to qualified staff. 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. Contractor Name: City of Ukiah Contract No.: 1CA04885 Page No.: 5 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. F. Except as may be otherwise 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 costs 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 13054, STATE may, at the request of LOCAL AGENCY, demand payment of charges and seek reimbursement of LOCAL AGENCY costs for personnel, equipment and operating expenses as funded herein, under authority 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 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 LOCAL AGENCY shall be responsible for all 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 directly 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 the respective properties. Contractor Name:City of Ukiah Contract No.: 1CA04885 Page No.: 6 EXHIBIT B BUDGET DETAIL AND PAYMENT PROVISIONS 7. 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. This clause shall not limit 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 December 31, 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 the estimated cost of services during the period April 1 through 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 fiscal 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 monthly cycle 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 Exhibit 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 D, Schedule A for total costs to STATE, per specified position,for 24-hour fire protection services during the period covered. Contractor Name: City of Ukiah Contract No.: 1CA04885 Page No.: 7 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, furnished by the parties hereto for fire protection purposes, shall be borne by the party owning or furnishing such property or equipment unless otherwise provided for herein or by separate written agreement. 3. 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. 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 Ukiah Contract No.: 1CA04885 Page No.: 8 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 relocation 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 one hundred twenty (120) 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 will 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 provide this written notice at the time it signs the 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. Contractor Name:City of Ukiah Contract No.: 1CA04885 Page No..9 C. The cost of services provided by STATE during the extended period shall be based upon the amounts that would have been charged LOCAL AGENCY during the fiscal year in 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 Audits, 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 other party access to such records during normal business hours and to allow interviews of 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 subcontract related to performance of this Agreement. (Gov. Code§8546.7. Pub. Contract Code§10115 et seq., CCR Title 2, Section 1896). 6. INDEMNIFICATION: Each party,to the extent permitted by law, agrees to indemnify, defend and save harmless the other party, its officers, agents and employees from (1)any and all claims for economic losses accruing or resulting to any and all contractors, subcontractors, suppliers, laborers and any other person, firm, or corporation furnishing or supplying work services, materials or supplies 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 willful misconduct attributable to the other party or from acts not within the scope of duties 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 STATE's Region Chief when, upon determination by the 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 CAL FIRE Director or designee and the Chief Executive Officer (or designated representative) of the LOCAL AGENCY for joint 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 CAUSEICANCELLATION: 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 , actually rendered by STATE pursuant to this agreement. Contractor Name: City of Ukiah Contract No.: 1CA04885 Page No.: 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 cancellation. 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 (California Code of Regulations, Title 2, Section 7285 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 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 its 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 governed by and shall be interpreted in accordance with the 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 earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department." Contractor Name: City of Ukiah Contract No.: 1CA04885 Page No.: 11 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 "health 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 identify, 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 officer 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 authorized 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. C. The CAL FIRE, State of California, its officers, agents,employees, and servants are included as additional insured's for purposes of this contract. D. The STATE shall receive thirty (30) days prior written notice of any cancellation or change to the policy at the addresses listed on page 2 of this agreement. 18. WORKERS COMPENSATION: (only applies where local government employees/volunteers are supervised by CAL FIRE, as listed in Exhibit D Schedule C. STATE contract employees'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 California Labor Codes, State Interagency Agreements and other related laws, rules, insurance policies, collective bargaining agreements, and memorandums of understanding. Contractor Name: City of Ukiah Contract No.: 1CA04885 Page No.: 12 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: LOCAL AGENCY needs to be aware of the following provisions regarding current orformer 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 compensation or has a financial interest and which is sponsored or funded by 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 to provide goods or services. Former State Employees (Public Contract Code §10411): 1) 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 policy-making position in the same general subject area as the proposed contract within the 12-month period prior to his or her leaving state service. 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 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 CODEIWORKERS' 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 accordance with the provisions, and LOCAL AGENCY affirms to comply with such provisions before commencing the performance of the work of this Agreement. (Labor Code Section 3700) 21. AMERICANS WITH DISABILITIES ACT: LOCAL AGENCY assures the State that it complies with the Americans with Disabilities Act(ADA)of 1990,which prohibits discrimination on the basis Contractor Name: City of Ukiah Contract No.: ICA04885 Page No.: 13 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 name cannot be paid prior to approval of said amendment. 23. RESOLUTION: A county, city, district, or other local public body must provide the STATE with a copy of a resolution, order, motion, or ordinance of the local governing body which by law has authority to enter into an agreement, authorizing execution of the agreement. 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 13301 of the Water Code for violation of waste discharge requirements or discharge prohibitions; or (3) finally determined to be in violation of provisions of federal law relating to air or water pollution. 25. AFFIRMATIVE ACTION. STATE certifies its compliance with applicable federal and State hiring requirements for persons with disabilities, and is deemed by LOCAL AGENCY to be in compliance with the provisions of LOCAL AGENCY'S Affirmative Action Program for Vendors. 26. DRUG AND ALCOHOL-FREE WORKPLACE. As a material condition of this Agreement, STATE agrees that it and its employees, while performing service for LOCAL AGENCY, on LOCAL AGENCY property, or while using LOCAL AGENCY equipment, shall comply with STATE's Employee Rules of Conduct as they relate to the possession, use, or consumption of drugs and alcohol. 27. ZERO TOLERANCE FOR FRAUDULENT CONDUCT IN LOCAL AGENCY SERVICES. STATE shall comply with any applicable "Zero Tolerance for Fraudulent Conduct in LOCAL AGENCY Services." There shall be "Zero Tolerance"for fraud committed by contractors in the administration of LOCAL AGENCY programs and the provision of LOCAL AGENCY services. Upon proven instances of fraud committed by the STATE in connection with performance under the Agreement, the Agreement may be terminated consistent with the termination for cause/cancellation term, Exhibit C, section 8, subsection B, of Cooperative Fire Programs Fire Protection Reimbursement Agreement, LG-1, between the California Department of Forestry and Fire Protection (CAL FIRE) and the LOCAL AGENCY. 28. CONFIDENTIAL INFORMATION. "Confidential information" means information designated by CAL FIRE and/or the LOCAL AGENCY disclosure of which is restricted, prohibited or privileged by State and federal law. Confidential Information includes, but is not limited to, information exempt from disclosure under the California Public Records Act (Government Code Sections 6250 et seq.) Confidential Information includes but is not limited to all records as defined in Government Code section 6252 as well as verbal communication of Confidential Information. Any exchange of Confidential Information between parties shall not constitute a"waiver"of any exemption pursuant to Government Code section 6254.5 CAL FIRE and LOCAL AGENCY personnel allowed access to information designated as Confidential Information shall be limited to those persons with a demonstrable business need for such access. CAL FIRE and LOCAL AGENCY agree to provide a list of authorized personnel in writing as required by Government Code section 6254.5(e). CAL FIRE and the LOCAL Contractor Name: City of Ukiah Contract No.: ICA04885 Page No.: 14 AGENCY agree to take all necessary measures to protect Confidential Information and shall impose all the requirements of this Agreement on all of their respective officers, employees and agents with regards to access to the Confidential Information. A Party to this Contract who experiences a security breach involving Confidential Information covered by this Contract, agrees to promptly notify the other Party of such breach 29. 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 Ukiah Contract No.: 1CA04885 Page No.: 15 EXHIBIT D ADDITIONAL PROVISIONS EXCISE TAX: State of California is exempt from federal excise taxes, and no payment will be 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 pursuant to this agreement. The STATE may pay any applicable sales and use tax imposed by another state. Schedules The following 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. ❑ 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 local agency, but which are under the supervision of the Unit Chief. ❑ D. LOCAL AGENCY Owned STATE Maintained Vehicles - Vehicle information pertaining to 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, California Code of Regulations. LOCAL AGENCY-owned vehicles 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 D. Schedule D are to be operated, maintained, and repaired by STATE. LOCAL AGENCY assumes full responsibility for all liabilities associated therewith in accordance with California Vehicle Code Sections 17000, 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 Exhibit C, Section 6 for all LOCAL AGENCY-owned vehicles operated or used by employees of STATE under this agreement. Contractor Name: City of Ukiah Contract No.: 1CA04885 Page No.: 16 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 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 of such vehicles. Except where STATE would have no duty to indemnify LOCAL AGENCY under Exhibit C, Section 6. E. Certification of Insurance - Provider Insurance Certification and/or proof of self- insurance. Contractor Name: City of Ukiah Contract Number: 1 CA04885 Exhibit E Page No. 20 CALIFORNIA DEPARTMENT OF FORESTRY AND FIRE PROTECTION MENDOCINO UNIT Service Description for Fire and Emergency Medical Dispatch Services To City of Ukiah Within current California Department of Forestry and Fire Protection (CAL FIRE) policy and in addition to the elements of the FIRE SERVICE COMMUNICATION SYSTEM - Memorandum of Understanding Standard Operational Procedures for the Mendocino County Operational Area (Office of Fire Warden, Mendocino County Fire Chiefs Association, November 1994); the following serves to describe the scope of work to be performed by the CAL FIRE Howard Forest Emergency Command Center(ECC) for the City of Ukiah: Service Fire and Emergency Medical Services (EMS) dispatch services will be provided to those Local Fire Service Agencies and Ambulance providers of Mendocino County who are signatory to the Operational Memorandum of Understanding(MOU) of November 1994. Coastal Valley Emergency Medical Services (CVEMS) has designated the Howard Forest ECC (HFECC) as Mendocino County's Air Ambulance Coordination Center. The HFECC is the secondary Public Safety Answering Point (PSAP) for Mendocino County. CAL FIRE is the Cal OES Fire and Rescue Coordination Center for Mendocino County. Dispatch services will be provided 24-hours per day, seven days per week, throughout the contract period. CAL FIRE will provide Emergency Medical Dispatching(EMD) for medical dispatch and call priority determination(when appropriate). EMD provides for a caller to respond to a standardized question format to help determine the type of resources required to appropriately assist the caller. EMD also directs the dispatcher to provide pre-arrival instructions to assist with patient care, once the emergency response has been dispatched. Generally, all emergency calls will be dispatched within sixty(60) seconds of the call. This time frame is a general target; it is recognized that verification of location information and directions to the location of the emergency as well as completion of the EMD process will sometimes require more than the 60-second time frame. Priority is place on clear and reliable dispatch information for responding resources. Contractor Name: City of Ukiah Contract Number: ICA04885 Page No.21 All emergency, non-emergency and administrative calls for service are logging into the Altaris Computer Added Dispatch program (CAD). All key entries are automatically time stamped by the CAD program for accuracy. All entries that require a field response of any type are logged as incidents and administrative functions (such as Fire Department announcements) are logged in as events and do not generate an incident number. All CAD data is available on a web-based program that is accessible by a password protected program available to any agency or cooperator who does business with the dispatch center. The program used to retrieve this data is Crystal Reports, a CAL FIRE standard program for CAD data retrieval. All users of this service will be restricted to access records that originate in the Mendocino Unit. This program has pre-built reports that the user can access. Any news reports must be requested through the ECC Manager with specifics of the information requested. No call data or other CAD information will be released to the public. Staffing CAL FIRE provides a dispatch center 24 hours per day, seven days a week. Staffing levels for the ECC are a minimum of 1 fully qualified Fire Captain, and 2 fully qualified Communications Operator. During Fire Season, when CAL FIRE fixed wing aircraft are on Contract (normally, 6'15 through IG-15), the ECC is staffed with a minimum of 2 qualified Fire Captains and 2 qualified Communications Operators during the day. The ECC Manager is a CAL FIRE Battalion Chief. This person is responsible for all ECC operations, personnel, and coordination with the Mendocino County Dispatch contract. He.:She is the primary contact for the Coastal Valley EMS coordinator for any changes in EMS dispatch policy, procedures, or information requests. Facilities The CAL FIRE ECC infrastructure consists of two buildings that house the ECC and Expanded Dispatch along with all of the radio and telephone equipment. These two buildings together allow handling of all the normal daily activities and, if necessary, open an expanded dispatch to handle larger incidents. A 125 KW generator is also on-site to automatically provide emergency power if necessary. The ECC is capable of providing all dispatching services on multiple frequencies. Fire and EMS are being dispatched at the same time using the Mendocino County Dispatching frequencies. CAL FIRE has Altaris Computer Aided Dispatch program (CAD) in a laptop computer and CAL FIRE can use another location's phone service along with a Mobile radio for a short duration. If this is not possible CAL FIRE has the ability to use a mobile location with Cellular phone service. CAL FIRE has access to a Mobile Communications Center for a backup Emergency Command Center, if needed for a long duration event, which is usually available within four hours. Contractor Name: City of Ukiah Contract Number: 1 CA04885 Page No.22 Radio Frequencies The ECC will use the following frequencies, which are licensed to Mendocino County, to dispatch and support local government and CAL FIRE resources on any incident that requires use of these frequencies: Mendocino County Red TX 154.3850 RX 153.9500 Mendocino County Blue TX 156.1950 RX 151.0850 Mendocino County Green TX 155.4300 RX 151.1150 The ECC will use the following frequencies, which are licensed to CAL FIRE, to support CAL FIRE or local government on any incident that requires use of these frequencies: CAL FIRE Mendocino Local TX 159.2700 RX 153.3850 CAL FIRE Command 8 TX 159.3450 RX 151.4450 CAL FIRE Command 1 TX 159.3000 RX 151.3550 CAL FIRE Command 2 TX 159.3300 RX 151.2650 Additional Agencies/Resources dispatched all or in part, Pursuant to this Contract: • CALSTAR 4 Air Ambulance • REACH 18 Air Ambulance • Anderson Valley Ambulance • Fort Bragg Ambulance • MEDSTAR Ambulance • Redwood Empire Hazardous Materials Response Team (REHIT) The ECC has a Cooperative Agreement to provide dispatching services to the County of Mendocino fire agencies.