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HomeMy WebLinkAboutAgr 2015-06-08 (Cal Fire and State of California)STATE OF CALIFORNIA COOPERATIVE FIRE PROGRAMS LOCAL RESPONSIBILITY AREA WILDLAND PROTECTION 'IMBURSEMENT AGREEMENT -W REV 0312015 AGREEMENT NUMBER 1CA02699 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, 2015 through June 30, 2018 3. The maximum amount of this Agreement is: $ 59,831.74 Fifty -Nine Thousand,Eight Hundred and Thirty -One Dollars and Seventy -Four 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 3 pages Exhibit B — Budget Detail and Payment Provisions 2 pages Exhibit C*— General Terms and Conditions; DOS GTC Version: 610 0 pages Exhibit D — Special Terms and Conditions (Attached hereto as part of this Agreement) 1 pages Exhibit E — Additional Provisions 'Z. At pages MC *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 LOCAL AGENCY'S NAME Town of Tiburon BY (Authorized Signature) DATE SIGNED(Do not type) PRINTED NAME A L TITLE OF PERSON SIGNING Margaret Curran, Town Manager ADDRESS 1501 Tiburon Blvd. Tiburon, Ca 94920 STATE OF CALIFORNIA AGENCY NAME California Departrnent of Forestry and Fire Protection BY (Authorized Signature) yeSa7n1. California Department of General Services Use Only 6-11 APPROVED SEP 1205 OFFICE OF LEGAL SERVICES DEPT. OF GENERA.I Sr`-'VIC17^ PRINTED NE AND TITLE OF PERSON SIGNING Phyllis Banducci, Assistant Deputy Director, Cooperative Fire Protection, Training & Safety DATE SIGNED(Do not type) Cg7/7gX ADDRESS P.O. Box 944246, Sacramento, CA 94244-2460 RECEIVED OCT 2 8 2015 TOWN MANAGERS OFFICE TOWN OF TIBURON Contractor Name: Town of Tiburon Contract No: 1CA02699 -') - 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: Scott Upton Name: Margaret Curran Phone: (707) 967-1411 Phone: (415) 435-7383 Fax: (707) 967-1473 Fax: (415) 435-2438 All required correspondence shall be sent through U.S. Postal Service by certified mail and directed to: CAL FIRE Unit Chief: Scott Upton Local Agency: Town of Tiburon Section/Unit: Sonoma Lake Napa Section/Unit: Unit Attention: Gabrielle Avina Attention: Margaret Curran Address: 1199 Big Tree Rd. Address: 1505 Tiburon Blvd. St. Helena, Ca 94574 Tiburon, Ca 94920 Phone: (707) 967-1402 Phone: (415) 435-7370 Fax: (707) 967-1473 Fax: (415) 435-2438 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, 2015, by and between the State of California, hereinafter called STATE and the 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. Contractor Name: Town of Tiburon Contract No: 1CA02699 -3 - STATE has the ability to provide wildland fire protection for said area, of the type and degree, which it now provides on adjacent State Responsibility Areas. Contractor Name: Town of Tiburon Contract No: 1CA02699 -4- 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 k 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. Contractor Name: Town of Tiburon Contract No: 1CA02699 -5- 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 $23.06 per acre, plus an 12.59% administrative charge for a total of $18,979.14 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. s Contractor Name: Town of Tiburon Contract No: 1CA02699 -6- 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: Town of Tiburon Contract No: 1CA02699 -7- EXHIBIT D SPECIAL TERMS AND CONDITIONS 1. Cancellation Failure of either party to meet any of the terms and conditions of this Agreement, including non- payment of monies due hereunder, shall be cause for the termination of this Agreement; such termination shall become effective upon written receipt of 30 day notice of cancellation. 2. Audit If the Agreement is over $10,000, the parties shall, in accordance with Government Code Section 10532, be subject to examination and audit of the State Auditor General for a period of three (3) years after final payment under the Agreement. Examination and audit shall be confined to those matters connected with performance of the Agreement including, but not limited to, cost of administering the Agreement The Contractor warrants by execution of this Agreement, that no person or selling agency has been employed or retained to solicit or secure this Agreement upon Agreement or understanding. 3. Operating Plan Prior to April 1 of each year, STATE and LOCAL AGENCY shall establish a joint Operating Plan for the contract area, which shall be attached after Exhibit E. If LOCAL AGENCY received its structural fire protection from another local agency, the local agency providing the structural fire protection must be party to the Operating Plan. 4. Extension of Agreement Unless there is written notice by LOCAL AGENCY to terminate this Agreement STATE shall extend this Agreement for a single one-year period from the original termination date. The cost of services provided by STATE during the extended period shall be based upon the rates published for the fiscal year in which the extended period falls had a new Agreement been entered into. 5. Modification This Agreement may be amended at any time by written mutual consent of the parties hereto. 6. Indemnification Each party, to the extent permitted by law, agrees to indemnify and hold harmless the other party, its officers, agents, and employees from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by the indemnifying party. Contractor Name: Town of Tiburon Contract No: 1CA02699 -8- EXHIBIT E ADDITIONAL PROVISIONS A copy of the Operating Plan signed by the STATE, LOCAL AGENCY and the California Department of Parks and Recreation will be kept on file at the CAL FIRE Sonoma Lake Napa Unit headquarters at 1199 Big Tree Rd. St Helena, Ca 94574. Contract Name: Town of Tiburon Contract ti: 1 CA02699 Page It: 9 LOCAL RESPONSIBILITY AREA (LRA) WILDLAND PROTECTION REIMBURSEMENT AGREEMENT Program Cost Account (PCA #) 19003 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) ANO THE TOWN OF Tiburon A LOCAL AGENCY FOR THE 201512016 FISCAL YEAR AGREEMENT COST CALCULATIONS Number of Acres 731 General Fund Reimbursement $ 8.18 Unit Budget $ 14.88 Sub -Total Admin Rate 12.59% FY 15-16 Protection Cost FY 16-17 Protection Cost FY 17-18 Protection Cost TOTAL COST $ 5,979.58 $ 10,877.28 $ 16,856.86 $ 2,122.28 $ 18,979.14 $ 19,928.10 $ 20,924.50 $ 59,831.74 Comments Section: Town of Tiburon • 1505 Tiburon Boulevard • Tiburon, CA 94920 • P 415.435.7373 F. 415.435.2438 • www.ci.tiburon.ca.us Office of the Town Clerk / 1505 Tiburon Boulevard. Tiburon CA / 415.435.7373 June 15, 2015 Gabrielle Avina, Deputy Chief CAL FIRE Sonoma Lake Napa Unit 1199 Big Tree Road St. Helena, CA 94574 SUBJECT: Tiburon Wildland Agreement — No. 1CA 02699 Dear Deputy Chief Avina, Enclosed you will find five (5) signed copies of the above agreement, along with a copy of our staff report certifying approval by the Town Council on June 3, 2015. (The agreement was adopted on Consent Calendar without the need for a resolution — however, if you also need a certified copy of the minutes, I can provide you with one after July 1, 2015.) Please return an executed copy of the agreement to the Town for our files at your earliest convenience. Thank you for your cooperation in this matter. Very truly yo s, Diane Crane Iacopi Tiburon Town Clerk Enclosures Cc: Town Manager Curran Frank X. Doyle Mayor Erin Tollini Vice Mayor Jim Fraser Councilmember Alice Fredericks Councilmember Emmett O'Donnell Councilmember Margaret A. Curran Town Manager STATE OF CALIFORNIA COOPERATIVE FIRE PROGRAMS LOCAL RESPONSIBILITY AREA WILDLAND PROTECTION REIMBURSEMENT AGREEMENT LG -W REV 03/2015 AGREEMENT NUMBER 1 CA02699 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, 2015 through June 30, 2018 3. The maximum amount of this Agreement is: $ 59,831.74 Fifty -Nine Thousand,Eight Hundred and Thirty -One Dollars and Seventy -Four 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 Exhibit B — Budget Detail and Payment Provisions Exhibit C* — General Terms and Conditions; DGS GTC Version: 610 Exhibit D — Special Terms and Conditions (Attached hereto as part of this Agreement) Exhibit E — Additional Provisions 3 pages 2 pages 0 pages 1 pages 1 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 LOCAL AGENCY'S NAME Town of Tiburon BY (Authorized Signature) £ I/Lq ate, DATE SIGNED(Do not type) PRINTED NAME AND'1`ITLE OF PERSON SIGNING Margaret Curran, Town Manager ADDRESS 1501 Tiburon Blvd. Tiburon, Ca 94920 STATE OF CALIFORNIA AGENCY NAME California Department of Forestry and Fire Protection BY (Authorized Signature) .Ei PRINTED NAME AND TITLE OF PERSON SIGNING Phyllis Banducci, Assistant Deputy Director, Cooperative Fire Protection, Training & Safety DATE SIGNED(Do not type) ADDRESS P.O. Box 944246, Sacramento, CA 94244-2460 California Department of General Services Use Only Contractor Name: Town of Tiburon Contract No: 1CA02699 -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: Name: Phone: Fax: Scott U pton (707) 967-1411 (707) 967-1473 All required correspondence shall be sent through Local Agency: Name: Phone: Fax: Town of Tiburon Margaret Curran (415) 435-7383 (415) 435-2438 U.S. Postal Service by certified mail and directed to: CAL FIRE Unit Chief: Scott Upton Local Agency: Section/Unit: Sonoma Lake Napa Section/Unit: Unit Attention: Gabrielle Avina Attention: Address: 1199 Big Tree Rd. Address: St. Helena, Ca 94574 Phone: (707) 967-1402 Phone: Fax: (707) 967-1473 Fax: Send an additional copy of all correspondence to: Town of Tiburon Margaret Curran 1505 Tiburon Blvd. Tiburon, Ca 94920 (415) 435-7370 (415) 435-2438 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, 2015, by and between the State of California, hereinafter called STATE and the 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. Contractor Name: Town of Tiburon Contract No: 1CA02699 -3- STATE has the ability to provide wildland fire protection for said area, of the type and degree, which it now provides on adjacent State Responsibility Areas. Contractor Name: Town of Tiburon Contract No: 1CA02699 -4- 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. Contractor Name: Town of Tiburon Contract No: 1 CA02699 -5- 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 $23.06 per acre, plus an 12.59% administrative charge for a total of $18,979.14 upon presentation of an invoice by STATE. The rate per acre and administrative charge will be calculated by STATE prior to January 1, of each year and annually thereafter, for the succeeding fiscal year subject to approval by LOCAL AGENCY. This Agreement shall be amended each fiscal year to reflect new rates. B. STATE shall provide thirty (30) day written notice to LOCAL AGENCY of the cost per acre and the administrative charge to be assessed for each subsequent fiscal year during the term of this Agreement; LOCAL AGENCY shall have thirty (30) days to approve said rate; if written approval is not received by STATE within said period, STATE's obligations hereunder shall terminate; LOCAL AGENCY shall be liable for all amounts due up to and including the date of such termination. C. To minimize the need for reconciliation payment is expected in full after the LOCAL AGENCY receives the STATE invoice. Payments made by the LOCAL AGENCY will cover the protection rate per acre and the administrative charge for the protection services rendered by STATE and including any other costs as provided herein, giving credit for all payments made by LOCAL AGENCY and claiming the balance due to STATE, if any, or refunding to LOCAL AGENCY the amount of any overpayment. 2. Budget Contingency Clause A. If the LOCAL AGENCY's governing authority does not appropriate sufficient funds for the current year or any subsequent years covered under this Agreement, which results in an inability to pay the STATE for the services specified in this Agreement, the LOCAL AGENCY shall promptly notify the STATE and this Agreement will terminate pursuant to the notice periods required herein. B. If funding for any fiscal year is reduced or deleted by the LOCAL AGENCY for purposes of this program, the LOCAL AGENCY shall promptly notify the STATE, and the STATE shall have the option to either cancel this Agreement with no liability occurring to the STATE, or offer an agreement amendment to LOCAL AGENCY to reflect the reduced amount, pursuant to the notice terms herein C. If the STATE Budget Act does not appropriate sufficient funds to provide the services for the current year or any subsequent years covered under this Agreement, which results in an inability to provide the services specified in this Agreement to the LOCAL AGENCY, the STATE shall promptly notify the LOCAL AGENCY, and this Agreement will terminate pursuant to the notice periods required herein. Contractor Name: Town of Tiburon Contract No: 1CA02699 -6- 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: Town of Tiburon Contract No: 1CA02699 -7- EXHIBIT D SPECIAL TERMS AND CONDITIONS 1. Cancellation Failure of either party to meet any of the terms and conditions of this Agreement, including non- payment of monies due hereunder, shall be cause for the termination of this Agreement; such termination shall become effective upon written receipt of 30 day notice of cancellation. 2. Audit If the Agreement is over $10,000, the parties shall, in accordance with Government Code Section 10532, be subject to examination and audit of the State Auditor General for a period of three (3) years after final payment under the Agreement. Examination and audit shall be confined to those matters connected with performance of the Agreement including, but not limited to, cost of administering the Agreement The Contractor warrants by execution of this Agreement, that no person or selling agency has been employed or retained to solicit or secure this Agreement upon Agreement or understanding. 3. Operating Plan Prior to April 1 of each year, STATE and LOCAL AGENCY shall establish a joint Operating Plan for the contract area, which shall be attached after Exhibit E. If LOCAL AGENCY received its structural fire protection from another local agency, the local agency providing the structural fire protection must be party to the Operating Plan. 4. Extension of Agreement Unless there is written notice by LOCAL AGENCY to terminate this Agreement STATE shall extend this Agreement for a single one-year period from the original termination date. The cost of services provided by STATE during the extended period shall be based upon the rates published for the fiscal year in which the extended period falls had a new Agreement been entered into. 5. Modification This Agreement may be amended at any time by written mutual consent of the parties hereto. 6. Indemnification Each party, to the extent permitted by law, agrees to indemnify and hold harmless the other party, its officers, agents, and employees from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by the indemnifying party. Contractor Name: Town of Tiburon Contract No: 1CA02699 -8- EXHIBIT E ADDITIONAL PROVISIONS A copy of the Operating Plan signed by the STATE, LOCAL AGENCY and the California Department of Parks and Recreation will be kept on file at the CAL FIRE Sonoma Lake Napa Unit headquarters at 1199 Big Tree Rd. St Helena, Ca 94574. Comments Section: Contract Name: Town of Tiburon Contract #: 1 CA02699 Page #: 9 LOCAL RESPONSIBILITY AREA (LRA) WILDLAND PROTECTION REIMBURSEMENT AGREEMENT Program Cost Account (PCA #) 19003 THIS IS THE BUDGET PLAN FOR THE LOCAL RESPONSIBILITY AREA (LRA) WILDLAND FIRE PROTECTION REIMBURSEMENT AGREEMENT BETWEEN THE STATE OF CALIFORNIA, DEPARTMENT OF FORESTRY & FIRE PROTECTION (CAL FIRE) AND THE TOWN OF Tiburon A LOCAL AGENCY FOR THE 201512016 FISCAL YEAR AGREEMENT COST CALCULATIONS Number of Acres 731 General Fund Reimbursement $ 8.18 Unit Budget $ 14.88 $ 5,979.58 $ 10,877.28 Sub -Total Admin Rate 12.59% $ 16,856.86 $ 2,122.28 FY 15-16 Protection Cost $ 18,979.14 FY 16-17 Protection Cost FY 17-18 Protection Cost TOTAL COST $ 19,928.10 $ 20,924.50 $ 59,831.73 TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting June 3, 2015 Agenda Item: 1/ STAFF REPORT To: From: Subject: Reviewed By: Mayor and Members of the Town Council Office of the Town Manager Recommendation to Approve Three Year Extension of Agreement with State of California for Local Responsibility Area Wildland Protection for Angel Island Fire Protection BACKGROUND Angel Island is within the incorporated boundary of the Town of Tiburon. In 2008, a fire engulfed a significant portion of the island, prompting a response from all regional fire suppression districts and departments, including the State of California (CalFire). Some months later, when the details of mutual aid were sorted out, it came to light that despite its inclusion in the Town, Angel Island is not within the boundaries of the Tiburon Fire Protection District, the establishment of which preceded the incorporation of the Town. CalFire turned to the Town to reimburse it for its expenditures in fire suppression, estimated to be $1,000,000. Upon realizing there was an inadvertent gap in fire coverage, CalFire agreed to absorb its cost of fire suppression in this instance (which primarily served to protect the state park and its assets), but advised the Town that future fire response would need to be covered by a reimbursement agreement. A multi-year agreement was negotiated and adopted by the Town Council; it has reached its expiration and must be renewed for continued coverage. The replacement agreement proposed by the State, which has been reviewed by our counsel, is attached. The only substantive difference is modestly increased rates. The Tiburon Fire Protection District has expressed some interest in expanding its borders to cover Angel Island but is unwilling to do so unless a new source of revenue is available to cover the added expense. As a state park, the island does not generate property tax revenue, the normal source of funding for fire services. Unless and until this type of broader solution is secured, staff believes it is prudent for the Town to have an agreement with CalFire for response. It should be noted that the agreement does not cover all fire suppression activity and the Town continues to have exposure to fire suppression expense should a significant fire occur. The agreement does, however, provide a meaningful measure of protection and staff recommends it as insurance against more costly impacts. Fire on an island, which typically necessitates helicopter response, is particularly challenging for responders; CalFire is uniquely capable of assisting the Town should the need arise. TOWN OF TIBURON PAGE 1 OF 2 Town Council Meeting ,June 3, 2015 FINANCIAL IMPACT The rate for this agreement was $18,834 in the just -ending fiscal year. The new agreement has a three year term with the following annual rates: FY 2015-2016: FY 2016-2017 FY 2017-2018 $18,979.14 $19,928.10 $20,924.50 Three year TOTAL: $59,831.73 Funding to cover the FY 2015-16 expense is in the proposed budget. RECOMMENDATION Staff recommends that the Town Council: Move to approve, and direct the Town Manager to execute, the attached agreement. Exhibits: Prepared By: Peggy Curran, Town Manager State of California Cooperative Fire Programs Local Responsibility Area Wildland Protection Reimbursement Agreement -� /&tve.A{ /itdi "lite a `'c --7?-k_4/y / 7- d / / a,.514/Le GG� THIS IS A TRUE AND CERTIFIED COPY TIBURON TOWN CLERK To\\NnrTIB VRON Page 2oI2