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Home My WebLink AboutState of California - CalFire/Dept. of Forestry - 2012 AgreementSTATE OF CALIFORNIA DEPARTMENT OF FORESTRY AND FIRE PROTECTION AGREEMENT FOR ETIERGENCY USE OF FACILITIES CAL FIRE FILE NO. CDF -95 (Rev. U93) (Sacramento Use Only) INCIDENT NUMBER: INCIDENT NAME: LESSOR NANIE: City of Gilroy AGREEMENT FOR EMERGENCY USE OF FACILITIES Pursuant to common -law and statutory authority, the State of California has the authority, in an emergency situation such as a fire, to contract for the use of property on an emergency basis when such property is required by emergency personnel in connection with the protection of life and property from destruction by fire. The owner of the property described herein, or the duly appointed representative, agrees to furnish facilities described herein to the Santa Clara Unit of Cal Fire for use as "Incident Base" for Emersencv Operations from March 31, 2012 throu -h March 31, 2015. CAL FIRE, formerly known as The California Department of Forestry and Fire Protection, may be referred to herein as the "State" or as "CAL FIRE," TID 68- 0306069. 1. DESCRIPTION OF FACILITIES: Christmas Hill Park, 7050 Miller Av., Gilrov, CA. — Ranch Site ONLY. ❑ Following designated use area approval, the City of Gilroy shall have sole discretion as to any CAL FIRE request for change of location or expansion of use following the start date for an incident. ❑ Christmas Hill Park shall be unavailable for lease, or continuation of, use 10 days prior to and 3 days following the annual Gilroy Garlic Festival, which spans the last full weekend in July. Additionally, the Park may not be available 3 days before and I day after the Gilroy Art & Wine Festival, which may occur in Sept. Gilroy will advise CAL FIRE in advance of Art & Wine Festival dates that may be intended. ❑ CAL FIRE shall provide security within 8 hours of taking possession of the occupied area of the facility. Until that time, Gilroy Police will provide routine "extra patrol checks" of the CAL FIRE Incident Base area. ❑ Use of the area includes electrical hook -ups, water, and sanitary sewer for gray water dumping use only. ❑ The agreement for this incident use includes use of the lawn areas only with prior written approval of the Gilroy Parks Division representative. ❑ CAL FIRE shall notify Gilroy Parks Div. Rep. or GFD Agency Rep. several hours prior to demobilization and shall provide security until completion of post -use inspection with Gilroy Parks Department representative. ❑ CAL FIRE shall provide CCC clean -up crews at 4 crew hours per 24 hr. period the Park is occupied. ❑ This use should optimally provide, when practical at initial approval and at the City's discretion, for concurrent use by CDF and the public as follows: CAL FIRE use on the Ranch Site with Santa Teresa/Miller access, and public use on the Park Site with UVAS St. Miller Ave. access. Optional access for CAL FIRE may be Club Dr. and Santa Teresa to maintain through traffic on Miller. • Cal Fire shall coordinate with the City and or provide any temporary on or off -site traffic or pedestrian control barriers and signage needed during park use. • Use of the mobile office space is offered, but subject to availability. 2. RATE: For each 24 -hour day, or portion of a 24 -hour day, the State will pay the sum of * *$ 3,600.00 ** through the calendar year. This rate shall increase 3% annually through the term of the contract. This City rate shall include all charges for maintenance and supplies provided to the State as stipulated in item #4. 3. TERM: This agreement shall commence March 31, 2012 and shall end on or before March 31. 2015. 4. MAINTENANCE: Owner shall furnish, at Owner's sole cost and expense during the term of this contract, the following utilities and supplies to the area leased or rented by the State: • Necessary administrative time and on site staff provided, including electricity and potable water. The City will cover damages to turf, asphalt, irrigation and other minor repairs of an amount not to exceed $500.00/24 hr. period of CAL FIRE occupation of the Park to a maximum of $5,000.00 per incident lease period, payable from rental earnings. 5. SERVICE: Owner shall provide the state with the name, address and the telephone number of an agency or person convenient to the State as a local source of service (e.g., owner, grounds manager, etc.) with regards to Owner's responsibilities under this lessee /rental agreement as to repairs, maintenance, and servicing of the premises and any or all related equipment, fixtures, and appurtenances, or another person as identified below: ' STATE OF CALIFORNIA DEPARTMENT OF FORESTRY AND FIRE PROTECTION AGREEMENT FOR EMERGENCY USE OF FACILITIES CDF -95 (Rev. 1/93) NAME Parks & Landscapes Supervisor (Bill Headlev) OFFICE PHONE 408 - 846 -0350 (911 Communications) or assignee MOBILE PHONE 408-710-5876 6. CONDITION REPORT: A joint physical survey and inspection report of the facilities shall be made as of the effective date of this Agreement, reflecting the then existing conditions, and will be signed on behalf of the parties to this Agreement. A similar joint physical survey and inspection of the facilities shall be made as of the date of expiration of this Agreement, reflecting the then existing conditions, and will be signed on behalf of the parties to this Agreement. 7. LOSS, DAMAGE OR DESTRUCTION: The State will assume liability for the loss, damage, or destruction of facilities or equipment furnished under this Agreement provided that no reimbursement will be made from loss, damage, or destruction when due to (1) ordinary wear and tear, (2) the fault or negligence of the Owner or Owner's agent(s), or (3) circumstances beyond the control of the State. The State shall restore Owner's land, structures, and equipment to the condition they were in immediately prior to the period of government occupancy; restoration shall be performed to the extent reasonably practical. If the premises are not restored to the Owner's satisfaction, claims for reasonable costs incurred by the Owner in restoring the facility to their prior . condition, all other claims shall be submitted to the Board of Control. 8. HOLD HARMLESS: To the extent that both parties to this agreement agree to hold each other harmless against any and all claims for injury to the person or damage to the property arising from the uses herein stated, except where such injury or damage is proximately caused by the negligent or willful acts of the other, its servants, agents, or employees. 9. INDEMNIFICATION; Pursuant to Government Code Section 895.4, each of the Parties hereto shall fully indemnify, defend with counsel reasonably acceptable to the other Party and hold the other Party, its officers, employees and agents, harmless from any damage or liability imposed for injury (as defined in Government Code Section 810.8) occurring by reason of the negligent acts or omissions or willful misconduct of the indemnifying Party, its officers, employees, contractors, subcontractors, material suppliers or agents, under or in connection with any work, authority or jurisdiction delegated to such Party under this Agreement. Neither Party, nor any officer, employee or agent thereof shall be responsible for any damage or liability occurring by reason of the negligent acts or omissions or willful misconduct of the other Party hereto, its officers employees, contractors, subcontractors, material suppliers or agents, under or in connection with any work, authority or jurisdiction delegated to such other Party under this Agreement, except as specified in paragraph 4 (Maintenance). 10. SUBROGATION `VAIVED: To the extent authorized by any fire and extended coverage insurance policy issued to Owner on the lease /rental premises, Owner hereby waives the subrogation rights of the insurer, and releases the State from liability for any loss or damages by that insurance. Agreement for Emergency Use of Facilities LE OR/ONVNER — CITY OF GILROY LESSEE — CAL FIRE, SCU TITLE: Citv Administrator, City of Gilrov TITLE: Division Chief. Cal Fire. Santa Clara Unit DATE: Cl ( J ATE: 6`I`_ 614— Z-ci3 NAME: Tom Haglund NAME: Derek Witmer ADDRESS: 7351 Rosanna St. Gilroy, CA 95020 ADDRESS: 15670 Monterey Hwa. Morgan Hill. CA 95037 PHONE: (Day)_(408) 846 -0350 (911 Comm.) PHONE: (Day) 201 -0490 (CAL FIRE 911 ECC) PHONE: (Night) (408) 846 -0350 (911 Comm.) PHONE: (Night) 408 201 -0490 (CAL FIRE 911 ECC) Approved as to Form: ATT T: Gilroy City Attomey's Office lark By: a City Attorney DasCALIFORNIA 6EPAR "FMENT OF GENERAL SERVICES July 1, 2013 Governor Edmund G. Brown Jr. STATE OF CALIFORNIA PUBLIC LIABILITY AND WORKERS' COMPENSATION INSURANCE FISCAL YEAR JULY 1, 2013 / JUNE 30, 2014 To Whom It May Concern: The State of California has elected to be self- insured for general liability exposures. (Gov. Code section 990, et. seq.) Under this form of insurance, the State and its employees (as defined in Section 810.2 of the Government Code) are insured for any tort liability that may develop through the carrying out of official State activities and operations. All general liability tort claims against the State of California should be presented to the Victim Compensation and Government Claims Board, P.O. Box 3035, Sacramento, CA 95812 -3035. (Gov. Code section 900, et. seq.) Internet link: www.vcgcb.ca.gov. In addition, the State of California has elected to be insured for its motor vehicle liability exposures through a self- insurance program, administered by the Office of Risk and Insurance Management. Under this program, the Office of Risk and Insurance Management administers liability claims arising out of the operation of motor vehicles. This self- insurance program and the protection it affords applies to vehicles owned and leased by the State of California. All motor vehicle liability tort claims against the State of California should be presented to the Office of Risk and Insurance Management, P.O. Box 989052 MS -403, West Sacramento, CA 95798- 9052, (800) 900 -3634. The State of California has a Master Agreement with the State Compensation Insurance Fund regarding workers' compensation benefits for all state employees, as required by the Labor Code. Sincerely, 1` otma. Sandman Donna Sanderson Associate Risk Analyst (916) 376 -1621 donna. sanderson(ab-dgs.ca.gov OFFICE OF RISK AND INSURANCE MANAGEMENT I State of California I State Consumer Services Agency 707 3rd Street, P floor I West Sacramento, CA 95605 1 t 916,376.5302 f 916.376.5275