HomeMy WebLinkAboutState of California - CalFire - Emergency Use of Facilities (CREWS Fire) DocuSign Envelope ID:48485CAC-9B2B-4D87-9652-3B06235789EF
STATE OF CALIFORNIA
DEPARTMENT OF FORESTRY AND FIRE PROTECTION
AGREEMENT FOR EMERGENCY USE OF FACILITIES
CAL FIRE-95(Rev.05/15)
CAL FIRE FILE NO.
(Sacramento Use Only)
INCIDENT NUMBER: CASCU 004686
INCIDENT NAME: CREWS Fire
LESSOR NAME: City of Gilroy
AGREEMENT FOR EMERGENCY USE OF FACILITIES
Pursuant to common-law and statutory authority, in 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. (Rose v. State
(1942) 19 Cal.3d 713; see also McKay Jewelers, Inc. v. Bowman 19 Cal.2d 595; Cf. Govt. c. 204.)
The owner of the property described herein, or the duly appointed representative, agrees to furnish facilities
described herein to the Santa Clara Unit of the California Department
of Forestry and Fire Protection for use as Incident Base Camp
1. DESCRIPTION OF FACILITIES:
Christmas Hill Park is a 51-acre community park operated by the City of Gilroy in Southwest Santa Clara County
California. The facility has two distinct recreation areas that have been designated as "Park" and "Ranch". Overall
usable space (non-hiking, trail, or river areas)of the Ranch area is approximately 15 acres and the Park area is
Approximately 10 acres. The facility consists of several buildings, paved asphalt parking lots, sports facilities,
paved bicycle paths, amphitheater, open dirt fields, dirt overflow parking (approximately 2 acres). Both the Park and
Ranch sites are currently being utilized by CAL FIRE base camp personnel. No buildings are being utilized and no
Power or potable water are being utilized.
2. RATE: For each 24-hour day, or portion of a 24-hour day, the State will pay the sum of$ 5,000 The
Shall include all charges for maintenance and supplies provided to the State as stipulated in Item #4.
3. TERM: This agreement shall commence on 7/6/20 , and shall end on or before Duration of Incident
(may be defined by date, or by the duration of the emergency).
4. MAINTENANCE: (a) 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(where necessary).
The City will cover damages to turf, asphalt, irrigation and other minor repairs not to exceed $500/24 hr period.
5. SERVICE: Owner shall provide the state with the name, address, and 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 lease/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:
NAME: William Headley, Jr TELEPHONE NUMBER: 408-846-0460
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.
DocuSign Envelope ID:48485CAC-9B2B-4D87-9652-3B06235789EF
STATE OF CALIFORNIA
DEPARTMENT OF FORESTRY AND FIRE PROTECTION
AGREEMENT FOR EMERGENCY USE OF FACILITIES
CAL FIRE-95(Rev.05/15)(Reverse)
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. SUBROGATION WAIVED: 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.
10. PROMPT PAYMENT CLAUSE: Payment will be made in accordance with, and within the time specified in,
Government Code Chapter 4.5, commencing with Section 927. In the event of an emergency, as defined in section
927.11, late payment penalties may not apply. Specific to the California Department of Forestry and Fire
Protection (CAL FIRE), if an invoice from a business under contract with CAL FIRE becomes subject to late
payment penalties during the annually declared fire season,then the required payment approval date shall
extend thirty(30)calendar days beyond the initial forty-five (45)-day period, except in the case of a contract
with a certified small business, a certified Disabled Veteran Business Enterprise, a non-profit organization, or
a non-profit public benefit corporation.
11. DARFUR CONTRACTING ACT VENDOR CERTIFICATION FORM CAL FIRE-720: Under the Darfur
Contracting Act(Public Contract Code Sections 10475-10481), if a company that currently, or within the previous three
years, has had business activities or other operations outside of the United States submits a bid or proposal for a
State of California contract for goods or services, the State agency must require the company to certify that it is not a
scrutinized company as defined in Public Contract Code Section 10476, or that it is a scrutinized company that has
been granted permission by the California Department of General Services to submit a bid or proposal for the contract.
12. CHILD SUPPORT WITHHOLDING DISCLAIMER: Payment for services provided under this contract may be
subject to withholding pursuant to a child support income withholding order. California 5206, 5246, 17512.
CONTRACTOR: You MUST INITIAL either line (a) or(b) below,to indicate your company's current
certification requirement:
(a) We currently have, or have had within the previous three years, business activities or other operations
outside of the United States, and, therefore, are REQUIRED to and shall complete and submit a form
CAL FIRE-720 (Darfur Contracting Act Vendor Certification)with our bid or proposal for this contract for
goods or services.
OR
(b) We currently do not have, and have not had within the previous three years, business activities or other
operations outside of the United States, and,therefore, are NOT REQUIRED to complete and submit a form
CAL FIRE-720 (Darfur Contracting Act Vendor Certification)with our bid or proposal for this contract for
goods or services.
OWNER DEPARTMENT OF FORESTRY
AND FIRE PROTECTION
BY: City of Gilroy BY: CAL FIRE Santa Clara Unit
TITLE: Interim City Administrator TITLE: PROC (Crews Fire)
DATE: 7/14/2020 DATE: 07/09/20
NAME: Jimmy Forbis NAME: Jared Andrade
D.-Signed by:
SIGNATURE: C
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CC6456EE 054D
STREET ADDRESS: 7351 Rosanna Street STREET ADDRESS: 15760 Monterey St
Gilroy, CA 95020 Morgan Hill, CA 95037
TELEPHONE: (408)846-0250 TELEPHONE: 408-779-2121
TELEPHONE: (Night) (408) 396-4717 TELEPHONE: (Night)
DocuSign Envelope ID:48485CAC-9B2B-4D87-9652-3B06235789EF
Approved as to Form ATTEST:
ocuSigned by: DocuSigned by:
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City Attorney City Clerk