HomeMy WebLinkAbout2024-05-07; City Council; Resolution 2024-087RESOLUTION NO. 2024-087
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, AUTHORIZING THE CITY MANAGER OR DESIGN EE TO EXECUTE
AN AGREEMENT WITH THE CALIFORNIA OFFICE OF EMERGENCY SERVICES
FOR THE REIMBURSEMENT OF COSTS ASSOCIATED WITH THE REGIONAL
URBAN SEARCH AND RESCUE TASK FORCE 13 PROGRAM AND TO EXECUTE
SUCH FUTURE REIMBURSEMENT AGREEMENTS
WHEREAS, the Carlsbad Fire Department collaborated with neighboring agencies to develop
the North Zone Technical Rescue Team Program to provide fast, light and mobile technical search and
rescue responses in Carlsbad and across the North County; and
WHEREAS, the Carlsbad Fire Department is the host agency for this specialized rescue team;
and
WHEREAS, the California Office of Emergency Services officially designated the specialized
rescue team as Regional Task Force 13; and
WHEREAS, task force members are required to complete certain state-mandated trainings; and
WHEREAS, the California Office of Emergency Services established a reimbursement program
that would enable the city to be partially reimbursed for certain costs associated with the specialized
training required for the personnel assigned to the task force; and
WHEREAS, program appropriations for revenues and expenditures of $169,950 will be included
in the fiscal year 2024-25 preliminary budget for City Council consideration; and
WHEREAS, the total amount reimbursable under the agreement of $169,950 is to be shared
among the agencies in the task force; and
WHEREAS, as the host agency, the Carlsbad Fire Department will handle the administration of
reimbursement and pass-through payments from the state to the respective agencies in the task force
to cover some of their training expenses; and
WHEREAS, the City Council of the City of Carlsbad, California desires to authorize the City
Manager or designee to execute an agreement (Attachment A) with the California Office of Emergency
Services that would enable the city to receive reimbursement payments from the state for some of its
training costs for Rescue Task Force 13.
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California Governor's Office of Emergency Services Carlsbad Fire Department
Regional US&R Response Training Reimbursement -RTF 13
Agreement No. A231012277
EXHIBIT A
STATEMENT OF WORK (SOW)
REGIONAL URBAN SEARCH AND RESCUE (US&R) RESPONSE TRAINING REIMBURSEMENT -
REGIONAL US&R TASK FORCE THIRTEEN (RTF 13)
1. OBJECTIVE
The California Governor's Office of Emergency Services, hereinafter referred to as "Cal
OES" requires Carlsbad Fire Department, hereinafter referred to as "Fire Agency", to
govern the reimbursements for the Fire Agency's costs of providing training, exercises,
backfilling positions, overtime and travel costs to allow Fire Agency staff to attend, and
successfully complete US&R response training required by Cal OES specifically related to
the Regional US&R program. Cal OES and the Fire Agency will use the most cost-effective
means for providing funding for training, exercises, backfill, overtime and travel costs . The
intent is to provide the Fire Agency reimbursement for the least extraordinary costs
incurred to send staff to Cal OES for provided urban search and rescue response training.
The reimbursement will allow the Fire Agency to maintain regular staffing to avoid
degradation of services or reduction in emergency response capabilities to the local Fire
Agency community during the training due to the absence of one ( 1) or more trainees.
The staff attending the training courses will help assure that the Fire Agency is prepared for
response to larger or more complex urban search and rescue events within the State of
California.
The contract includes training dollars for the Fire Agency to attend/host and complete
their certified Regional Task Force Leader (RTFL), Regional Technical Search Specialist
(RTSS), Plans Team Training (PTT), Heavy Equipment Rigging Specialist (HERS), and Safety
Officer (SO) courses provided by California Specialized Training Institute (CSTI) or any
mutually agreed upon US&R or other acceptable training/exercise that meets CSTI
requirements/standards and is approved by Cal OES Contract Manager.
2. TERM/PERIOD OF PERFORMANCE
A. The period of performance for the Agreement shall be January 1, 2024, or upon
approval, whichever is later, through June 30, 2025, with the option to extend for one
( 1) additional twelve ( 12) month term, at the original rates evaluated and considered.
B. The Fire Agency shall not be authorized to deliver or commence the performance of
services as described in this SOW until the Agreement has been fully executed. Any
delivery or performance of service that is commenced prior to the execution of the
Agreement shall be considered voluntary on the part of the Fire Agency and non-
compensable.
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C. Consistent with the terms and conditions of the original solicitation, and upon mutual
consent, Cal OES and the Fire Agency may execute written amendments to alter the
method, price, or schedule of the work, subject to the limitations set forth by Califomia
Public Contract Code, section 100 et seq, and the California State Contracting
Manual, Volume 1.
3. BUDGETED AMOUNT
The initial award of this Agreement shall not exceed $169,950.00 and there is no obligation
on Cal OES' part to utilize the entire amount. Any increases in the budgeted amount will
be at the rates evaluated and considered herein.
4. PROJECT TASKS AND DELIVERABLES
The Fire Agency must perform project tasks and/or deliverables including, but not limited
to, the following:
A. The Fire Agency shall schedule urban search and rescue response courses at the
direction of Cal OES Contract Manager. The courses will provide initial training for new
team members and continual education for existing personnel to maintain
competency and prepare for emergency readiness. Attendees must be a rostered
member of RTF 13.
B. In order to maximize the training benefit and build response capability statewide, the
Fire Agency and Cal OES agree that in any case offered under this Agreement, excess
training spaces (up to normal class fill) will be open to enrollment for other agencies/RTF
teams from other jurisdictions, at no tuition charge to those agencies/RTFs or their
personnel. Priority is RTF 13 team hosting the training and responders from the hosting
jurisdiction.
C . The Fire Agency shall ensure the members of the RTF 13 complete the following certified
trainings pertinent to team need and Firefighting Resources of California Organized for
Potential Emergencies Incident Command System (FIRESCOPE ICS) 162 requirements
and National Fire Protection Agency (NFPA) 1006 Standard for Technical Rescue
Personnel Qualifications (2021) or any other training identified by the Fire Agency and
approved by Cal OES Contract Manager. These training courses include but not limited
to:
i. Regional Task Force Leader (RTFL)
ii. Regional Technical Search Specialist (RTSS)
iii. Plans Team Training (PTT)
iv. Heavy Equipment Rigging Specialist (HERS)
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v. Safety Officer (SO)
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Agreement No. A23 l O 12277
D. The Fire Agency shall ensure the members of the RTF 13 complete the required State
Fire Marshall certified trainings pertinent to team need and FIRESCOPE ICS 162
requirements and NFPA 1006 Standard for Technical Rescue Personnel Qualifications
(2021) or any other training identified by the Fire Agency and approved by Cal OES
Contract Manager. These training courses include but not limited to:
i. Rope Rescue Awareness/Operations (RRA/O)
ii. Structural Collapse Specialist 1 (SCS 1)
iii. Confined Space Rescue Operations/Technician (CSRO-T)
iv. Structural Collapse Specialist 2 (SCS2)
v. Trench Rescue Technician (TRT)
vi. Rope Rescue Technician (RRT)
vii. Machinery Rescue Technician/Heavy Vehicle Rescue Technician (MRT/HVRT)
E. When required, the Fire Agency shall conduct and host the State Fire Marshall certified
trainings described in section D., and will be reimbursed for travel, backfill, overtime,
instructor fees, facility rental fees, equipment rental fees, and consumables related to
the trainings including the training material such as print outs, office supplies, etc. The
Fire Agency shall submit the related costs for approval to the Cal OES Contract
Manager using agreed upon reimbursement process.
F. The Fire Agency shall ensure the members of the RTF 13 are rece1v1ng continual
educational opportunities and/or refresher training to maintain competency utilizing
the certified trainings required by FIRESCOPE ICS 162 requirements and National Fire
Protection Agency (NFPA) 1006 Standard for Technical Rescue Personnel Qualifications
(2021) or any other training approved by Cal OES Contract Manager.
G. The Fire Agency shall submit a training calendar and/or staff's training certifications
that reflects the completion of training courses included in the above sections (C and
D) in order to be reimbursed for the costs of training.
H. The Fire Agency shall provide staff's training certifications upon Cal OES Contract
Manager's request.
I. The Fire Agency shall ensure that staffing of the RTF meet the RTF response capabilities
and training requirements established within the FIRESCOPE ICS 162 standards and
NFPA 1006 Standard for Technical Rescue Personnel Qualifications (2021 ). The list of
personnel that the Fire Agency selects for training must be submitted at a minimum of
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thirty (30) calendar days prior to the start of class/training for approval by Cal OES /
CSTI Fire and Rescue Training Unit.
J. The Fire Agency shall ensure the reimbursable training courses are successfully
completed so that the requisite number of certified US&R personnel will be available
to activate and deploy through the Cal OES Fire and Rescue Mutual Aid System to
provide mutual aid to larger or more complex US&R events in accordance with the
California State Mutual Aid Plan.
K. Upon activations by Cal OES Fire and Rescue, the Fire Agency shall provide the
required personnel needed to fill an RTF team. The provided personnel's qualifications
must meet the equivalent to the requirements found in the FIRESCOPE ICS 162 and
NFPA l 006 Standard for Technical Rescue Personnel Qualifications (2021) position
description and requirements for Technical Search and Rescue.
5. ACCEPTANCE OF SERVICES
Payment for services performed under this Agreement shall be in accordance with the
Cost Sheet, Exhibit B-1. The approval process is outlined in the Performance Section of this
SOW. Acceptance criteria shall consist of the following:
A. The Fire Agency is responsible for obtaining approval from Cal OES Contract Manager
before beginning any services.
B. The Fire Agency shall meet all timelines and deliverable due dates as described herein.
C. It shall be Cal OES' sole determination as to whether services have been successfully
completed and are acceptable.
D. The Fire Agency costs related to rework of unacceptable work products shall be costs
of the Fire Agency and shall not be billed to Cal OES.
E. In the event that not all Fire Agency staff successfully complete training, Cal OES
reserves the right to reduce the invoice by the number of Fire Agency staff who did not
successfully complete the training. The Fire Agency costs related to failure by staff to
successfully complete the training shall be costs of the Fire Agency and shall not be
billed to Cal OES.
F. Invoices shall be due and payable, and payment should be made, only after
satisfactory completion of the training and acceptance of the invoices by Cal OES.
G. Invoices shall be submitted as needed utilizing the Fire and Rescue Training Unit
Reimbursement documents and in arrears, identifying staff by name, classification,
period of service, and cost per category, as shown on Exhibit B-1, Cost Worksheet.
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H. Payment for the tasks performed under this Agreement shall be as stated in Exhibit B-1,
Cost Worksheet.
I. The Fire Agency shall provide Cal OES with documentation that all members have
completed required training.
6. FIRE AGENCY RESPONSIBILITIES
A. This serves as a notice under Executive Order N-6-22 that as a contractor or grantee,
compliance with the economic sanctions imposed in response to Russia's actions in
Ukraine is required, including with respect to, but not limited to, the federal executive
orders identified in the Executive Order and the sanctions identified on the U.S.
Department of the Treasury website (https://home.treasury.gov /policy-
issues/financial-sanctions/sanctions-programs-and-country-information/ukraine-
russia-related-sanctions). Failure to comply may result in the termination of contracts
or grants, as applicable.
B. The Fire Agency shall provide all equipment and/or software necessary to perform the
required duties outlined herein.
C. The Fire Agency shall designate a primary contact person to whom all project
communications may be addressed and who has the authority to act on all aspects
of the services.
D. The Fire Agency shall backfill positions as required due to Fire Agency staff attending
the training provided by Cal OES that are approved by Cal OES Contract Manager
using the most cost-effective means.
E. The Fire Agency shall initially pay any costs associated for any positions that require
backfill or for any overtime cost incurred by the Fire Agency employees for attending
the training or exercises.
F. The Fire Agency shall pay civilian personnel, not otherwise covered by the California
Fire Assistance Agreement (CFAA), at the rate and method formally negotiated and
agreed upon prior to the training or exercise between the Fire Agency and the
Civilians rostered or the training or exercise in those positions.
G. If a Fire Agency employee is unable to perform due to illness, resignation, or other
factors beyond the Fire Agency's control, the Fire Agency shall provide qualified and
suitable substitute personnel.
7. CAL OES RESPONSIBILITIES
A. Cal OES shall designate a person to whom all Fire Agency communication will be
addressed, and who has the authority to act on all aspects of the services. This person
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will review the SOW and associated documents with the Fire Agency to ensure
understanding of the responsibilities of both parties.
B. Cal OES shall provide access to department staff and management, offices and
operation areas, as required, to complete the tasks and activities defined under this
Agreement.
C. In order to allow the Fire Agency the ability to maintain its regular staffing and
response capabilities necessary to protect the health and safety of their communities,
Cal OES shall reimburse the Fire Agency for any vacated positions that require
backfilling, overtime, any related travel costs incurred by Fire Agency employees for
attending training or exercise, instructor fees, facility rental fees, equipment rental
fees, and consumables costs up to the amount contained in Exhibit B-1, Cost Sheet.
(e.g., for on-duty staff attending training, Cal OES will reimburse backfill costs; for off-
duty staff attending training, Cal OES will reimburse overtime costs for trainees)
8. PERFORMANCE
Cal OES will be the sole judge of the acceptability of all work performed and all work
products produced by the Fire Agency as a result of this SOW. Should the work performed,
or the products produced by the Fire Agency fail to meet Cal OES' conditions,
requirements, specifications, guidelines, or other applicable standards, the following
resolution process will be employed, except as superseded by other binding processes:
A. Cal OES will notify the Fire Agency of such problems in writing within five (5) business
days.
B. The Fire Agency must respond to Cal OES within five (5) business days after initial
problem notification. The response shall include a corrective action plan and detailed
explanation of how the Fire Agency plans to mitigate the issue.
i. Failure by the Fire Agency to respond to Cal OES' initial problem notification
within the required time limit may result in immediate termination of the Contract.
In the event of such termination, Cal OES shall pay all amounts due the Fire
Agency for all work accepted prior to termination.
C. Cal OES will, within five (5) business days after receipt of the Fire Agency's corrective
action plan, notify the Fire Agency in writing whether it accepts or rejects the plan.
i. If Cal OES rejects the corrective action plan, the Fire Agency will submit a revised
plan within three (3) business days. Failure by the Fire Agency to respond to Cal
OES' notification may result in immediate termination of the Agreement.
D. Upon receipt of the revised corrective action plan, Cal OES will notify the Fire Agency
in writing whether it accepts or rejects the revised plan within three (3) business days.
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i. Rejection of the revised corrective action plan will result in immediate termination
of the Agreement.
E. In the event of Agreement termination, Cal OES shall pay all amounts due to the Fire
Agency for all work accepted prior to termination.
9. PROBLEM ESCALATION
The parties acknowledge and agree that certain technical and project related problems
or issues may arise, and that such matters shall be brought to Cal OES' attention. There
may be instances where the severity of the problem(s) justifies escalated reporting. To this
extent, the Contractor will determine the level of severity and notify the appropriate Cal
OES personnel. Cal OES personnel notified, and the time period taken to report the
problem or issue shall be at a level commensurate with the severity of the problem or issue.
The relevant Cal OES personnel include, but are not limited to, the following:
First level:
Second level:
Third level:
Jack Fry, Deputy Chief
(916) 628-7015
Jack.Fry@caloes.ca.gov
Justin Freiler, Deputy Superintendent
(805) 594-2148
Justin.Freiler@caloes.ca.gov
Lori Nezhura, Deputy Director
(916) 261-4535
Lori.Nezhura@caloes.ca.gov
10. TERMINATION OF AGREEMENT
Cal OES reserves the right to terminate this Agreement, subject to thirty (30) days written
notice to the Fire Agency. In the event of termination, Cal OES shall pay all amounts due
the Fire Agency for all services rendered and accepted prior to termination.
Additional conditions for termination include, but are not limited to, the following:
A. This Agreement can be immediately terminated for cause. The term "for cause" shall
mean that the Fire Agency fails to meet the terms, conditions, and/or responsibilities
of the Agreement. In this instance, the Agreement termination shall be effective as
of the date indicated on Cal OES' notification to the Fire Agency.
B. This Agreement may be suspended or cancelled without notice, at the option of the
Fire Agency, if the Fire Agency or Cal OES' premises or equipment are destroyed by
fire or other catastrophe, or so substantially damaged that it is impractical to continue
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service, or in the event the Fire Agency is unable to render service as a result of any
action by any governmental authority.
C. Cal OES may terminate performance of work under this Agreement for its
convenience in whole or, from time to time, in part, if Cal OES determines that a
termination is in the State's interest.
i. Cal OES shall terminate by delivering to the Fire Agency a Notice of Termination
specifying the extent of termination and the effective date thereof. The parties
agree that, as to the terminated portion of the Agreement, the Agreement shall
be deemed to remain in effect until such time as the termination settlement, if
any, is concluded and the Agreement shall not be void.
ii. After receipt of a Notice of Termination, and except as directed by Cal OES, the
Fire Agency shall immediately proceed with the following obligations, as
applicable, regardless of any delay in determining or adjusting any amounts due
under this clause. The Fire Agency shall:
a) Stop work as specified in the Notice of Termination.
b) Place no further subcontracts for materials, services, or facilities, except as
necessary to complete the continued portion of the Contract.
c) Terminate all subcontracts to the extent they relate to the work terminated.
d) Settle all outstanding liabilities and termination settlement proposals arising
from the termination of subcontracts; the approval or ratification of which
will be final for purposes of this clause.
D. The Fire Agency may submit a written request to terminate this Agreement only if Cal
OES should substantially fail to perform its responsibilities as provided herein.
11. SUBCONTRACTING PROVISIONS
A. The Fire Agency will act as prime contractor under this Agreement. In addition to
identifying all personnel proposed to work under this Agreement, the Fire Agency shall
also identify its subcontractor affiliation, as applicable.
B. Cal OES reserves the right to approve all subcontractors prior to the performance of
any work by the subcontractor.
C. Nothing contained in this Agreement shall create any contractual relationship
between Cal OES and any subcontractors, and no subcontract shall relieve the
Contractor of its responsibilities and obligations hereunder. The Fire Agency is fully
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responsible to Cal OES for the acts and omissions of its subcontractors and of persons
either directly or indirectly employed by any of them.
D. If a subcontractor is a California Certified Small Business and/or Disabled Veteran
Business Enterprise, then those amounts paid to certified subcontractors shall be
identified on the Fire Agency's invoice(s).
E. The Fire Agency's obligation to pay its subcontractors is an independent obligation
from Cal OES' obligation to make payments to the Fire Agency. As a result, Cal OES
shall have no obligation to pay or to enforce the payment of any monies to any
subcontractor.
F. The services may be subcontracted without limitation only when 1) the primary
agreement is a subvention agreement or 2) the total of all subcontracts does not
exceed $50,000 or 25% of the total Agreement amount, whichever is less, and that
subcontracting is not done for the purpose of circumventing competitive bidding
requirements; or all subcontracts are with one of the following entities:
i. A California State agency, State college or State university
ii. A state agency, state college or state university from another state
iii. A local governmental entity, including those created as a Joint Powers Authority
(JPA), and including local government entities from other states.
iv. An auxiliary organization of the CSU, or a California community college.
v. The Federal Government
vi. A foundation organized to support the Board of Governors of the California
Community Colleges
vii. An auxiliary organization of the Student Aid Commission established under
Education Code§ 69522.
G. If the total of all subcontracts exceeds $50,000 or 25% of the total Agreement amount,
whichever is less, then higher levels of subcontracting are permissible if the subcontract
is justified and not for the purpose of circumventing state contracting requirements,
and:
i. Certification by the Fire Agency that the subcontractor has been selected
pursuant to a competitive bidding process that seeks at least three (3) bids from
responsible bidders; or
ii. Approval by the Cal OES' Director explaining the reason the subcontract(s) are
included in this Agreement rather than being separately bid and contracted for
by Cal OES and attesting that the selection of the subcontractor(s) without
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competitive bidding was necessary to promote the Cal OES' needs and was not
done for the purpose of circumventing competitive bidding or other state
contracting requirements.
12. AUTHORIZED REPRESENTATIVES
The authorized representatives during the term of this Agreement are identified in the
tables below. Changes to the Authorized Representatives are allowed without contract
amendment via written notice to the representatives written below.
For service-related inquiries:
The California Governor's Office of Carlsbad Fire Department Emergency Services
Contract Manager, Jason
NAME: Kindt, Emergency NAME: Kevin Lynds,
Management Coordinator Division Chief
Instructor II
ADDRESS: 1 0391 Peter A Mccuen ADDRESS: 2560 Orion Way
Mather, CA 95655 Carlsbad, CA 92010
PHONE: (916) 628 -3701 PHONE: ( 619) 253-1412
EMAIL: Jason.Kindt@caloes.ca.gov EMAIL: kevin.lynds@carlsbadca.gov
For Agreement administrative inquiries:
The California Governor's Office of Carlsbad Fire Department Emergency Services
NAME: Contract Analyst, Miranda NAME: Kevin Lynds,
Wilson Division Chief
ADDRESS: 10391 Peter A Mccuen Blvd ADDRESS: 2560 Orion Way
Mather, CA 95655 Carlsbad, CA 92010
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PHONE:
EMAIL:
"(916) 845-8828
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PHONE: ( 619) 253-1412
Miranda.Wilson@caloes.ca .gov EMAIL: kevin.l}'.'.nds@carlsbadca.gov
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EXHI BIT B
BUDGET DETAIL AND PAYMENT PROVI SIONS
1. Payment for services performed under this Agreement shall be in accordance with the
Cost Sheet, Exhibit B-1. It shall be Cal OES' sole determination as to whether a service has
been successfully completed and is acceptable.
2. Invoices shall be submitted after services are rendered and shall include the following
information:
A. Agreement No.
B. • Fire Agency / RTF 13
C. Service
D. Itemized Cost
E. Invoice Date
Invoices shall be due and payable, and payment shall be made, only after Cal OES'
Contract Manager's acceptance of services.
3. The Fire Agency will be reimbursed for actual incurred travel expenses based on the per
diem rates used for State employees, on receipt and approvd of an itemized invoice.
Travel reimbursement rates and applicable restrictions are identified on the
Employee/Travel Reimbursement section of the California Department of Human
Resources (Cal HR) website:
http://www.calhr.ca.gov/employees/pages/travel-reimbursements.aspx
Travel reimbursement rates as identified by Cal HR can vary from year to year. Rates for
future years will conform to Cal HR rates for the corresponding contract year.
4. Submit invoices to:
Californi a Governor's Office of Emergency Services
Accounting Unit
CSTlinvoice@caloes .ca.gov
5. It is mutually agreed that if the Budget Act of the current year and/or any subsequent
years covered under this Agreement does not appropriate sufficient funds for the
program, this Agreement shall be of no further force and effect. In this event, Cal OES shall
have no liability to pay any funds whatsoever to the Fire Agency or to furnish any other
considerations under this Agreement and the Fire Agency shall not be obligated to
perform any provisions of this Agreement.
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6. If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this
program, Cal OES shall have the option to either cancel this Agreement with no liability
occurring to Cal OES or offer an amendment to the Fire Agency to reflect the reduced
amount.
7. All payments will be made in accordance with, and within the time specified in,
Government Code Chapter 4.5, commencing with Section 927.
8. The Fire Agency understands that in order to ensure final payment for work performed as
part of this agreement, the Cal OES Contract Manager must receive all final closeout
invoices no later than June 30, 2025.
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EXHIBIT B-1
COST SHEET
The Contractor shall provide all labor, materials, equipment, and every other item of expense,
direct or indirect (including any applicable taxes), necessary to complete the services in
accordance with the specifications described in the Statement of Work, Exhibit A, at the rates
specified below. Cal OES makes no guarantee, expressed or implied, on the actual amount
of services/hours that shall be required for this Agreement, and reserves the right to omit
portions or quantities of work, as may be deemed necessary. Payment for service performed
under this Agreement shall be for actual expenditures incurred. The rates referenced below
shall be binding for the term of the Agreement.
ITEM DESCRIPTION PRICE NO.
Reimbursement for US&R training, development,
and evaluation, including administrative fees**,
1 backfill***, overtime***, instructor fees, facility $169,950.00 rental fees, equipment rental fees, consumables,
and travel for attending the training courses
described in Exhibit A, sections 4.C, 4.D, and 4.E
Grand Total $169,950.00
*The allowable cost for reimbursement under this Agreement are travel (as applicable and
specified by Cal HR on their website: http://www.calhr.ca.gov/employees/pages/travel-
reimbursements.aspx), backfill, overtime, instructor fees, facility rental fees, equipment rental
fees, and consumables costs. All reimbursable costs must be supported by itemized invoices.
The Fire Agency shall provide receipts for the expenditures related to facility rentals,
equipment rentals, travel, and consumables. The maximum allowable reimbursable amount
under this Agreement is $169,950.00.
**The Fire Agency is approved to add a 3% administrative fee for processing invoices for
reimbursement.
***The backfill and overtime cost will be re imbursed based on the staff's classification levels
utilized at the Fire Agency according to the rates specified in California Fire Assistance
Agreement (CFAA): https://www.caloes.ca.gov/office-of-the-director/operations/response-
operations/fire-rescue/administration-reimbursement/
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EXHIBIT C
GENERAL TERMS AND CONDITIONS
The General Terms and Conditions (GTCs) are hereby incorporated by reference and can be
accessed by visiting the following links:
Non-IT Services General Terms and Conditions (Rev. 04/2017):
https://www.dgs.ca .gov /-/media/Divisions/OLS/Resources/GTC-April-201 7-
FINALapril2017 .ashx? la=en &hash=04E212331938533CCF 1 EC73EB0BC1 FDCBADAC601
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General Terms and Conditions (GTC 04/2017)
EXHIBIT C
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. Contractor
may not commence performance until such approval has been obtained.
2. AMENDMENT: 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.
3. ASSIGNMENT: This Agreement is not assignable by the Contractor, either in
whole or in part, without the consent of the State in the form of a formal written
amendment.
4. AUDIT: Contractor agrees that the awarding department, the Department of General
Services, the Bureau of State Audits, or their designated representative shall have
the right to review and to copy any records and supporting documentation pertaining
to the performance of this Agreement. Contractor agrees 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. Contractor agrees to allow the auditor(s)
access to such records during normal business hours and to allow interviews of any
employees who might reasonably have information related to such records. Further,
Contractor agrees to include a similar right of the State 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).
5. INDEMNIFICATION: Contractor agrees to indemnify, defend and save harmless the
State, its officers, agents and employees from any and all claims and 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 in connection with the performance of this Agreement, and from any and all
claims and losses accruing or resulting to any person, firm or corporation who may be
injured or damaged by Contractor in the performance of this Agreement.
6. DISPUTES: Contractor shall continue with the responsibilities under this
Agreement during any dispute.
7. TERMINATION FOR CAUSE: The State may terminate this Agreement and be
relieved of any payments should the Contractor fail to perform the requirements of
this Agreement at the time and in the manner herein provided. In the event of such
termination the State may proceed with the work in any manner deemed proper by
the State. All costs to ·the State shall be deducted from any sum due the Contractor
under this Agreement and the balance, if any, shall be paid to the Contractor upon
demand.
May 7, 2024 Item #1 Page 23 of 38
8. INDEPENDENT CONTRACTOR: Contractor, and the agents and employees of
Contractor, in the performance of this Agreement, shall act in an independent
capacity and not as officers or employees or agents of the State.
9. RECYCLING CERTIFICATION: The Contractor shall certify in writing under penalty
of perjury, the minimum, if not exact, percentage of post-consumer material as
defined in the Public Contract Code Section 12200, in products , materials, goods, or
supplies offered or sold to the State regardless of whether the product meets the
requirements of Public Contract Code Section 12209. With respect to printer or
duplication cartridges that comply with the requirements of Section 12156(e), the
certification required by this subdivision shall specify that the cartridges so comply
(Pub. Contract Code §12205).
10. NON-DISCRIMINATION CLAUSE: During the performance of this Agreement,
Contractor and its subcontractors shall not deny the contract's benefits to any person
on the basis of race, religious creed, color, national origin, ancestry, physical
disability, mental disability, medical condition, genetic information, marital status,
sex, gender, gender identity, gender expression, age, sexual orientation, or military
and veteran status, nor shall they discriminate unlawfully against any employee or
applicant for employment because of race, religious creed , color, national origin,
ancestry, physical disability, mental disability, medical condition, genetic information,
marital status, sex, gender, gender identity, gender expression, age, sexual
orientation, or military and veteran status. Contractor shall insure that the evaluation
and treatment of employees and applicants for employment are free of such
discrimination. Contractor and subcontractors shall comply with the provisions of the
Fair Employment and Housing Act (Gov. Code §12900 et seq.), the regulations
promulgated thereunder (Cal. Code Regs., tit. 2, §11000 et seq.), the provisions of
Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code
§§11135-11139.5), and the regulations or standards adopted by the awarding state
agency to implement such article. Contractor shall permit access by representatives
of the Department of Fair Employment and Housing and the awarding state agency
upon reasonable notice at any time during the normal business hours, but in no case
less than 24 hours' notice, to such of its books, records, accounts, and all other
sources of information and its facilities as said Department or Agency shall require to
ascertain compliance with this clause. Contractor and its subcontractors shall give
written notice of their obligations under this clause to labor organizations with which
they have a collective bargaining or other agreement. (See Cal. Code Regs., tit. 2,
§11105.)
Contractor shall include the nondiscrimination and compliance provisions of this
clause in all subcontracts to perform work under the Agreement.
11. CERTIFICATION CLAUSES: The CONTRACTOR CERTIFICATION CLAUSES
contained in the document CCC 04/2017 are hereby incorporated by reference
and made a part of this Agreement by this reference as if attached hereto.
12. TIMELINESS: Time is of the essence in this Agreement.
May 7, 2024 Item #1 Page 24 of 38
13. COMPENSATION: The consideration to be paid Contractor, as provided herein,
shall be in compensation for all of Contractor's expenses incurred in the
performance hereof, including travel, per diem, and taxes, unless otherwise
expressly so provided.
14. GOVERNING LAW: This contract is governed by and shall be interpreted in
accordance with the laws of the State of California.
15. ANTITRUST CLAIMS : The Contractor by signing this agreement hereby certifies
that if these services or goods are obtained by means of a competitive bid, the
Contractor shall comply with the requirements of the Government Codes Sections
set out below.
a. The Government Code Chapter on Antitrust claims contains the following
definitions:
1) "Public purchase" means a purchase by means of competitive bids of
goods, services, or materials by the State or any of its political subdivisions
or public agencies on whose behalf the Attorney General may bring an
action pursuant to subdivision (c) of Section 16750 of the Business and
Professions Code.
2) "Public purchasing body" means the State or the subdivision or
agency making a public purchase. Government Code Section 4550.
b. In submitting a bid to a public purchasing body, the bidder offers and
agrees that if the bid is accepted, it will assign to the purchasing body all
rights, title, and interest in and to all causes of action it may have under
Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright
Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of
the Business and Professions Code), arising from purchases of goods,
materials, or services by the bidder for sale to the purchasing body
pursuant to the bid. Such assignment shall be made and become effective
at the time the purchasing body tenders final payment to the bidder.
Government Code Section 4552.
c. If an awarding body or public purchasing body receives, either through
judgment or settlement, a monetary recovery for a cause of action assigned
under this chapter, the assignor shall be entitled to receive reimbursement
for actual legal costs incurred and may, upon demand, recover from the
public body any portion of the recovery, including treble damages,
attributable to overcharges that were paid by the assignor but were not paid
by the public body as part of the bid price, less the expenses incurred in
obtaining that portion of the recovery. Government Code Section 4553.
d. Upon demand in writing by the assignor, the assignee shall, within one year
from such demand, reassign the cause of action assigned under this part if
the assignor has been or may have been injured by the violation of law for
which the cause of action arose and (a) the assignee has not been injured
thereby, or (b) the assignee declines to file a court action for the cause of
action. See Government Code Section 4554.
May 7, 2024 Item #1 Page 25 of 38
16. CHILD SUPPORT COMPLIANCE ACT: For any Agreement in excess of
$100,000, the contractor acknowledges in accordance with Public Contract Code
7110, that:
a. The contractor 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 contractor, 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.
17. 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.
18. PRIORITY HIRING CONSIDERATIONS: If this Contract includes services in excess
of $200,000, the Contractor shall give priority consideration in filling vacancies in
positions funded by the Contract to qualified recipients of aid under Welfare and
Institutions Code Section 11200 in accordance with Pub. Contract Code §10353.
19. SMALL BUSINESS PARTICIPATION AND DVBE PARTICIPATION
REPORTING REQUIREMENTS:
a. If for this Contract Contractor made a commitment to achieve small
business participation, then Contractor must within 60 days of receiving
final payment under this Contract (or within such other time period as may
be specified elsewhere in this Contract) report to the awarding department
the actual percentage of small business participation that was achieved.
(Govt. Code§ 14841.)
b. If for this Contract Contractor made a commitment to achieve disabled
veteran business enterprise (DVBE) participation, then Contractor must
within 60 days of receiving final payment under this Contract (or within
such other time period as may be specified elsewhere in this Contract)
certify in a report to the awarding department: (1) the total amount the
prime Contractor received under the Contract; (2) the name and address of
the DVBE(s) that participated in the performance of the Contract; (3) the
amount each DVBE received from the prime Contractor; (4) that all
payments under the Contract have been made to the DVBE; and (5) the
actual percentage of DVBE participation that was achieved. A person or
entity that knowingly provides false information shall be subject to a civil
penalty for each violation. (Mil. & Vets. Code§ 999.5(d); Govt. Code§
14841.)
May 7, 2024 Item #1 Page 26 of 38
20. LOSS LEADER: If this contract involves the furnishing of equipment, materials, or
supplies then the following statement is incorporated: It is unlawful for any person
engaged in business within this state to sell or use any article or product as a "loss
leader" as defined in Section 17030 of the Business and Professions Code. (PCC
10344(e).)