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Home My WebLink AboutTC Res 2023-06-21 (8)Page 1 of 2 Town Council Resolution No. 29-2023 June 21, 2023 RESOLUTION NO. 29-2023 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON APPROVING AN AGREEMENT WITH THE CALIFORNIA DEPARTMENT OF FORESTRY AND FIRE PROTECTION (CAL FIRE) TO PROVIDE FIRE PROTECTION SERVICES ON ANGEL ISLAND WHEREAS, when the Town of Tiburon incorporated in 1964, fire protection services on the Tiburon peninsula were provided by two special districts, the Tiburon Fire Protection District (“TFPD”) and the Southern Marin Fire Protection District (“SMFP”). To avoid needless expenditure of public resources, the Town did not develop its own fire protection department; and WHEREAS, the Town of Tiburon’s municipal borders include Angel Island, which consists entirely of a park owned, managed and controlled by the State of California through the State’s Department of Parks and Recreation (“State Parks Department”); and WHEREAS, Angel Island is not within the boundaries of either TFPD or SMFP; and WHEREAS, a significant fire during the fall of 2008 demonstrated the need for fire protection services on Angel Island; and WHEREAS, Town officials, the California Department of Forestry and Fire Protection (“Cal Fire”), the State Parks Department, the Marin County Fire Department and TFPD determined the most practical means of obtaining fire protection services is by contracting with the State of California for Cal Fire to provide such services; and WHEREAS, the Town and the State negotiated and entered into the Wildland Agreement in 2012 for a 3-year period, with subsequent amendments, and it is now timely to enter into agreement for a new 2-year term, July 1, 2023 through June 30, 2025, attached to this resolution as Exhibit 1 and incorporated herein by reference (“Wildland Agreement”). NOW, THEREFORE BE IT RESOLVED by the Town Council of the Town of Tiburon as follows: 1. All the Recitals above are true and correct and incorporated herein. 2. The Town Council hereby approves the Agreement and authorizes the Town Manager to (a) negotiate any appropriate minor changes to the Agreement and (b) enter into and execute the Wildland Agreement on behalf of the Town. The Town Manager is further authorized to implement the Wildland Agreement and take all further actions and negotiate and execute all other documents which are necessary or appropriate to carry out the Wildland Agreement. 3. The Town Clerk shall certify to the adoption of this Resolution. DocuSign Envelope ID: D8C90346-3FD1-4FFE-A832-4337D9294A99 Page 2 of 2 Town Council Resolution No. 29-2023 June 21, 2023 4. This Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon this 21st day of June, 2023, by the following vote: AYES: COUNCILMEMBERS: Fredericks, Ryan, Welner NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Thier, One Vacant Seat __________________________________________ JACK RYAN, MAYOR TOWN OF TIBURON ATTEST: ____________________________________ LEA DILENA, TOWN CLERK DocuSign Envelope ID: D8C90346-3FD1-4FFE-A832-4337D9294A99 EXHIBIT 1 DocuSign Envelope ID: D8C90346-3FD1-4FFE-A832-4337D9294A99 STATE OF CALIFORNIA COOPERATIVE FIRE PROGRAMS LOCAL RESPONSIBILITY AREA WILDLAND PROTECTION REIMBURSEMENT AGREEMENT LG-W REV 1/2023 AGREEMENT NUMBER 1CA06469 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 Town of Tiburon 2. The term of this Agreement is: July 1, 2023 through June 30, 2025 3. The maximum amount of this Agreement is: $ 61,480.72 Sixty one thousand, four hundred eighty dollars and seventy two cents 4. The parties agree to comply with the terms and conditions of the following exhibits which are by this reference made a part of the Agreement. Exhibit A – Scope of Work – Includes page 2 (contact page) in count for Exhibit A 2 pages Exhibit B – Budget Detail and Payment Provisions 2 pages Exhibit C* – General Terms and Conditions; DGS GTC Version: 04/2017 0 pages Exhibit D – Special Terms and Conditions (Attached hereto as part of this Agreement) 1 pages Exhibit E – Additional Provisions 3 pages *Items shown with an Asterisk (*), are hereby incorporated by reference and made part of this Agreement as if attached hereto. General Terms and Conditions can be viewed at: http://www.dgs.ca.gov/ols IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto. LOCAL AGENCY California Department of General Services Use Only LOCAL AGENCY’S NAME Town of Tiburon BY (Authorized Signature) DATE SIGNED(Do not type)  PRINTED NAME AND TITLE OF PERSON SIGNING Greg Chanis, Town Manager ADDRESS 1501 Tiburon Blvd, Tiburon, CA 94920 STATE OF CALIFORNIA AGENCY NAME California Department of Forestry and Fire Protection BY (Authorized Signature) DATE SIGNED(Do not type)  PRINTED NAME AND TITLE OF PERSON SIGNING Matthew Sully, Assistant Deputy Director, Cooperative Fire ADDRESS P.O. Box 944246, Sacramento, CA 94244-2460 DocuSign Envelope ID: D8C90346-3FD1-4FFE-A832-4337D9294A99 Contractor Name: Town of Tiburon Contract No: 1CA06469 - 2 - EXHIBIT A COOPERATIVE FIRE PROGRAMS AGREEMENT FOR PROTECTION OF WILDLANDS WITHIN LOCAL AGENCY RESPONSIBILITY AREA 1. The project representatives during the term of this Agreement will be: CAL FIRE Unit Chief: Local Agency: Town of Tiburon Name: Mike Marcucci Name: Greg Chanis Phone: 707-967-1400 Phone: 415-435-7383 Fax: Fax: All required correspondence shall be sent through U.S. Postal Service by certified mail and directed to: CAL FIRE Unit Chief: Mike Marcucci Local Agency: Town of Tiburon Section/Unit: Sonoma Lake Napa Section/Unit: Town Manager Attention: Kirk vanWormer Attention: Greg Chanis Address: 1199 Big Tree Rd St. Helena, CA 94574 Address: 1501 Tiburon Blvd, Tiburon, CA 94920 Phone: 707-967-1400 Phone: 415-435-7383 Fax: Fax: Send an additional copy of all correspondence to: CAL FIRE Cooperative Fire Services P.O. Box 944246 Sacramento, CA 94244-2460 2. AUTHORIZATION This Agreement is entered into this 1st day of July, 2023, by and between the State of California, hereinafter called STATE and Town of Tiburon, County of Marin, State of California, hereinafter called Local Agency through its duly authorized officers. As used herein, Director shall mean Director of the California Department of Forestry and Fire Protection (CAL FIRE). Where the standard clauses for example in Exhibit C, use the word “Contractor” that word shall mean LOCAL AGENCY as LOCAL AGENCY is used in this Agreement. Section 4142 of the Public Resources Code provides that the Director may enter into cooperative Agreements with local jurisdictions for the purpose of providing wildland fire protection. 3. SCOPE OF WORK LOCAL AGENCY has the responsibility for protection of life, property, and wildland areas comprising 731 acres of land as indicated on the map included under Exhibit E and desires to contract with the STATE to provide wildland fire protection to said area. STATE has the ability to provide wildland fire protection for said area, of the type and degree, which it now provides on adjacent State Responsibility Areas. DocuSign Envelope ID: D8C90346-3FD1-4FFE-A832-4337D9294A99 Contractor Name: Town of Tiburon Contract No: 1CA06469 - 3 - 4. SERVICES BY STATE A. STATE shall provide wildland fire protection for the areas defined in the above section. B. For those areas, which are adjacent to State Responsibility Area, STATE will provide wildland fire protection at the same level of service it now provides on adjacent State Responsibility Area. C. For those areas (islands), which are not adjacent to State Responsibility Area, the wildland fire protection provided by the STATE will be limited to those resources identified in the preplanned wildland response for the respective area. Any resources beyond those specified in the preplanned wildland response are assistance by hire and the financial responsibility of the LOCAL AGENCY. 5. ADMINISTRATION A. LOCAL AGENCY agrees that STATE may dispatch fire protection resources available under this Agreement to other areas of the state when needed at the sole discretion of STATE. B. STATE response will be subject to availability of resources. C. Incident Management within the contract area shall conform to current Incident Command System criteria for Unified Command. D. STATE and LOCAL AGENCY shall, through established dispatch procedures, immediately notify each other of any fire incident within the contract area. 6. MUTUAL AID LOCAL AGENCY shall provide mutual aid response into the contract area for wildfires. Structural fire protection remains the jurisdictional and financial responsibility of LOCAL AGENCY. 7. ENTIRE AGREEMENT This Agreement contains the whole Agreement between the parties. It cancels and supersedes any previous Agreement for the same or similar services. DocuSign Envelope ID: D8C90346-3FD1-4FFE-A832-4337D9294A99 Contractor Name: Town of Tiburon Contract No: 1CA06469 - 4 - EXHIBIT B BUDGET DETAIL, INVOICING, PAYMENT AND RECONCILIATION 1. Invoicing and Payment: A. LOCAL AGENCY shall pay STATE for providing said protection at the rate of $36.45 per acre, plus an 12.01% administrative charge for a total of $40.83 per acre/agreement total of $61,480.72 upon presentation of an invoice by STATE. The rate per acre and administrative charge will be calculated by STATE prior to January 1, of each year and annually thereafter, for the succeeding fiscal year subject to approval by LOCAL AGENCY. This Agreement shall be amended each fiscal year to reflect new rates. B. STATE shall provide thirty (30) day written notice to LOCAL AGENCY of the cost per acre and the administrative charge to be assessed for each subsequent fiscal year during the term of this Agreement; LOCAL AGENCY shall have thirty (30) days to approve said rate; if written approval is not received by STATE within said period, STATE’s obligations hereunder shall terminate; LOCAL AGENCY shall be liable for all amounts due up to and including the date of such termination. C. To minimize the need for reconciliation payment is expected in full after the LOCAL AGENCY receives the STATE invoice. Payments made by the LOCAL AGENCY will cover the protection rate per acre and the administrative charge for the protection services rendered by STATE and including any other costs as provided herein, giving credit for all payments made by LOCAL AGENCY and claiming the balance due to STATE, if any, or refunding to LOCAL AGENCY the amount of any overpayment. 2. Budget Contingency Clause A. If the LOCAL AGENCY’s governing authority does not appropriate sufficient funds for the current year or any subsequent years covered under this Agreement, which results in an inability to pay the STATE for the services specified in this Agreement, the LOCAL AGENCY shall promptly notify the STATE and this Agreement will terminate pursuant to the notice periods required herein. B. If funding for any fiscal year is reduced or deleted by the LOCAL AGENCY for purposes of this program, the LOCAL AGENCY shall promptly notify the STATE, and the STATE shall have the option to either cancel this Agreement with no liability occurring to the STATE, or offer an agreement amendment to LOCAL AGENCY to reflect the reduced amount, pursuant to the notice terms herein C. If the STATE Budget Act does not appropriate sufficient funds to provide the services for the current year or any subsequent years covered under this Agreement, which results in an inability to provide the services specified in this Agreement to the LOCAL AGENCY, the STATE shall promptly notify the LOCAL AGENCY, and this Agreement will terminate pursuant to the notice periods required herein. DocuSign Envelope ID: D8C90346-3FD1-4FFE-A832-4337D9294A99 Contractor Name: Town of Tiburon Contract No: 1CA06469 - 5 - D. If funding for any fiscal year is reduced or deleted by the STATE Budget Act for purposes of this program, the STATE shall promptly notify the LOCAL AGENCY, and the LOCAL AGENCY shall have the option to either cancel this Agreement with no liability occurring to the LOCAL AGENCY, or offer an agreement amendment to LOCAL AGENCY to reflect the reduced services, pursuant to the notice terms herein. E. Notwithstanding the foregoing provisions in paragraphs A and B above, the LOCAL AGENCY shall remain responsible for payment for all services actually rendered by the STATE under this Agreement regardless of LOCAL AGENCY funding being reduced, deleted or not otherwise appropriated for this program. The LOCAL AGENCY shall promptly notify the STATE in writing of any budgetary changes that would impact this Agreement. F. LOCAL AGENCY and STATE agree that this Budget Contingency Clause shall not relieve or excuse either party from its obligation(s) to provide timely notice as may be required elsewhere in this Agreement. DocuSign Envelope ID: D8C90346-3FD1-4FFE-A832-4337D9294A99 Contractor Name: Town of Tiburon Contract No: 1CA06469 - 6 - EXHIBIT D SPECIAL TERMS AND CONDITIONS 1. Cancellation Failure of either party to meet any of the terms and conditions of this Agreement, including non- payment of monies due hereunder, shall be cause for the termination of this Agreement; such termination shall become effective upon written receipt of 30 day notice of cancellation. 2. Audit If the Agreement is over $10,000, the parties shall, in accordance with Government Code Section 10532, be subject to examination and audit of the State Auditor General for a period of three (3) years after final payment under the Agreement. Examination and audit shall be confined to those matters connected with performance of the Agreement including, but not limited to, cost of administering the Agreement The Contractor warrants by execution of this Agreement, that no person or selling agency has been employed or retained to solicit or secure this Agreement upon Agreement or understanding. 3. Operating Plan Prior to April 1 of each year, STATE and LOCAL AGENCY shall establish a joint Operating Plan for the contract area, which shall be attached after Exhibit E. If LOCAL AGENCY received its structural fire protection from another local agency, the local agency providing the structural fire protection must be party to the Operating Plan. 4. Extension of Agreement Unless there is written notice by LOCAL AGENCY to terminate this Agreement STATE shall extend this Agreement for a single one-year period from the original termination date. The cost of services provided by STATE during the extended period shall be based upon the rates published for the fiscal year in which the extended period falls had a new Agreement been entered into. 5. Modification This Agreement may be amended at any time by written mutual consent of the parties hereto. 6. Indemnification Each party, to the extent permitted by law, agrees to indemnify and hold harmless the other party, its officers, agents, and employees from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by the indemnifying party. DocuSign Envelope ID: D8C90346-3FD1-4FFE-A832-4337D9294A99 Contractor Name: Town of Tiburon Contract No: 1CA06469 - 7 - EXHIBIT E ADDITIONAL PROVISIONS Attachments Budget Plan Topographic Map Operating Plan Annual Report DocuSign Envelope ID: D8C90346-3FD1-4FFE-A832-4337D9294A99 Town of Tiburon 1CA06469 Page #:8 19003 AND THE CITY/TOWN OF A LOCAL AGENCY Number of Acres 731 General Fund Reimbursement 16.33$ 11,937.23$ Unit Budget 20.12$ 14,707.72$ Sub-Total 26,644.95$ Admin Rate 12.01% 3,200.06$ Total Protection Cost 29,845.01$ FOR THE 2023/2024 FISCAL YEAR FY 23 $29,845.01 FY 24 $31,635.71 TOTAL $61,480.72 Estimated 6% increase for FY 24 LOCAL RESPONSIBILITY AREA (LRA) WILDLAND PROTECTION REIMBURSEMENT AGREEMENT Program Cost Account (PCA #) Contract Name: Contract #: Comments Section: AGREEMENT COST CALCULATIONS: THIS IS THE BUDGET PLAN FOR THE LOCAL RESPONSIBILITY AREA (LRA) WILDLAND FIRE PROTECTION REIMBURSEMENT AGREEMENT BETWEEN THE STATE OF CALIFORNIA, DEPARTMENT OF FORESTRY & FIRE PROTECTION (CAL FIRE) Tiburon DocuSign Envelope ID: D8C90346-3FD1-4FFE-A832-4337D9294A99 Co n t r a c t N a m e : T o w n o f T i b u r o n Co n t r a c t N o . : 1 C A 0 6 4 6 9 pg . 9 DocuSign Envelope ID: D8C90346-3FD1-4FFE-A832-4337D9294A99