item ixa.
APPROVED BY
CITY MANAGEF
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: OFFICE OF THE CITY MANAGER
BY: ANTHONY HILDEBRAND, FIRE CHIEF
DATE: MAY 13, 2025
SUBJECT: APPROVAL OF AMENDMENT NO. 1 TO AN AGREEMENT WITH THE
CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES FOR
REGIONAL TASK FORCE RESPONSE TRAINING AND EXERCISE
EXECUTIVE SUMMARY
The City Council will consider approving Amendment No. 1 to an existing agreement with the California Governor's Office of Emergency Services for Urban Search and Rescue response training and exercises. This amendment extends the term of the agreement by one year to June 30, 2026 and increases allotted funding from $169,950 to $247,200.
This training supports the response capability of Regional Task Force-2, of which Downey Fire Department is a participating agency.
RECOMMENDATION
That the City Council:
Authorize the City Manager, or his designee, to execute Amendment No. 1 to Agreement A231012253 with the State of California Department of General Services in the amount of $247,200 including any subrecipient agreements necessary for the equitable distribution of the funds to participating agencies in Regional Task Force-2 training and operations.
BACKGROUND
Initially conceptualized in 1996, the 10 California Regional Urban Search and Rescue Task Forces provide Statewide response to major emergencies within 4 hours. Each team is comprised of thirty highly trained rescue specialists from different agencies, grouped by geographical location. Downey Fire Department, along with resources from Santa Fe Springs, Compton, Torrance, El Segundo, Montebello, and West Covina comprise Urban Search and Rescue Regional Task Force-2 (RTF-2).
In the past several years, the Regional Task Force has responded to multiple natural disasters including mudslides in Santa Barbara and San Bernardino counties. It maintains a strong operational readiness, with a 45-minute response window upon receiving a
AMENDMENT 1 TO AGREEMENT WITH THE CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY
SERVICES FOR REGIONAL TASK FORCE RESPONSE TRAINING AND EXERCISE MAY 13, 2025
PAGE 2
request for assistance. Most recently, RTF-2 responded to the Palisades and Eaton Fires to perform search operations in the fire -impacted areas.
Until 2022, these teams have been self -funded, receiving minimal to no support from the State. In 2022, the Governor's Office of Emergency Services drafted a Budget Change Proposal (0690-065-BCP-2022-GB) to request ongoing funding for these critical resources. The proposal was accepted and this revenue stream for regional response assets is now a line item in the State's annual budget. In accepting these funds, the City of Downey agrees to serve as the fund's administrator for RTF-2. In its capacity as fund administrator, the City disburses the State reimbursement of allotted funds to the participating RTF-2 agencies for personnel and equipment used in annual mobilization and training of the team.
On June 11, 2024, the City Council approved an agreement (Agreement A231012253) between the City of Downey and the California Governor's Office of Emergency Services (CaIOES) that provided $169,950 in funding to support the training of RTF-2. The term of this agreement expires on June 30, 2025.
ANALYSIS
As 1 of 10 task forces located throughout the state, RTF-2 is responsible for response to local areas, with the possibility of being requested outside of the region based off of operational capabilities and availability. Without the approval of the proposed funds, the team will remain operational, but costs associated with training and mobilization will be incurred by the individual agencies. Between January 2024 and April 2025, Downey Fire Department received $17,777 in reimbursement expenses from the $169,950 provided by the existing agreement. In the same period, Downey Fire Department coordinated the reimbursement of $10,688 to three partner agencies that comprise RTF-2.
Amendment 1 to Agreement A231012253 extends the term of the agreement to June 30, 2026 and increases the budgeted amount to $247,200. This is a one-time adjustment to the agreement. The changes to the term and value of the agreement will allow mandatory training to be provided to all seven RTF-2 partner agencies, allowing operational personnel to achieve the minimum standard for deployment. Additionally, and administrative fee of $7,416 (3% of the total appropriated amount) will be allotted to the City for acting as the custodian of the funds. Future funding terms will be determined by CalOES on an annual basis.
2 AMENDMENT 1 TO AGREEMENT WITH THE CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY
SERVICES FOR REGIONAL TASK FORCE RESPONSE TRAINING AND EXERCISE MAY 13, 2025
PAGE 2
CITY COUNCIL PRIORITIES
Fiscal Responsibility
Efficiency & Adaptability
Quality of Life, Safety & Infrastructure
FISCAL IMPACT
Approvalof the recommended action will result in an estimated revenue and expenditure increase in the amount of$77,250. These funds would be distributed among participating agencies within Regional Task Force to support training, equipping, and mobilizing the team. Expenses incurred under this agreement will be assigned to account 14-4-5139.
Revenue generated will be applied to account 14-3-5139.
ATTACHMENTS
Attachment A: Amendment 01 to Standard Agreement A231012253 with the California Department of General Services
3 STATE OF CALIFORNIA- DEPARTMENT OF GENERAL SERVICES SCO ID: 0690-A231012253-A1
STANDARD AGREEMENT -AMENDMENT
STD 213A (Rev. 4/2020) AGREEMENT NUMBER AMENDMENT NUMBER Purchasing Authority Number ® CHECK HERE IF ADDITIONAL PAGES ARE ATTACHED 18 PAGES A231012253 01 GOES-0690
1. This Agreement is entered into between the Contracting Agency and the Contractor named below:
CONTRACTING AGENCY NAME
California Governor's Office of Emergency Services (Cal OES)
CONTRACTOR NAME
City of Downey Fire Department
2. The term of this Agreement is:
START DATE
January 1, 2024, or upon approval by the Department of General Services (DGS), whichever is later.
THROUGH END DATE
June 30, 2026
3. The maximum amount of this Agreement after this Amendment is:
$247,200.00
Two Hundred Forty -Seven Thousand Two Hundred Dollars and Zero Cents
4. The parties mutually agree to this amendment as follows. All actions noted below are by this reference made a part of the Agreement and incorporated herein:
I. Pursuant to Exhibit A, Statement of Work (SOW); Section 2, Term/Period of Performance; Paragraph C., Cal OES hereby extends the end date of the period of performance from June 30, 2025 to June 30, 2026.
Current Term: 01 /01 /2024 -06/30/2025
New Term: 01 /01 /2024 -06/3012026
II. Pursuant to Exhibit A, Statement of Work (SOW); Section 3, Budgeted Amount; Cal OES hereby increases the budgeted amount by $77,250.00.
Previous contract value: $169,950.00
New contract value: $247,200.00
III. Cal OES hereby adds Attachment 1, Sample Invoice, and makes various updates to Exhibit A, Statement of Work (SOW), Exhibit B, Budget Detail and Payment Provisions, Exhibit B-1, Cost Sheet, and Exhibit C, General Terms and Conditions, as indicated in red in the attached document.
All other terms andconditions shall remain the some.
IN WITNESS WHEREOF, THIS AGREEMENT HAS BEEN EXECUTED BY THE PARTIES HERETO.
CONTRACTOR
CONTRACTOR NAME (if other than an individual, state whether a corporation, partnership, etc.) City of Downey Fire Department
CONTRACTOR BUSINESS ADDRESS CITY STATE ZIP
11111 Brookshire Ave. I Downey ICA 90241
PRINTED NAME OF PERSON SIGNING TIRE
Roger Bradley City Manager, City of Downey
CONTRACTOR AUTHORIZED SIGNATURE DATE SIGNED
ATTACHMENT A
SCO ID: 0690-A23101225 3-A 1
STATE OF CALIFORNIA - DEPARTMENT OF GENERAL SERVICES
STANDARD AGREEMENT - AMENDMENT
STD 213A (Rev. 4/2020)
® CHECK HERE IF ADDITIONAL PAGES ARE ATTACHED PAGES
AGREEMENT NUMBER
A231012253
STATE OF CAUFORNIA
CONTRACTING AGENCY NAME
California Governor's Office of Emergency Services (Cal OES) AMENDMENT NUMBER Purchasing Authority Number
01 1 GOES-0690
CONTRACTING AGENCY ADDRESS
10391 Peter A McCuen Blvd.
CITY
Mather
STATE
CA
ZIP
95655
PRINTED NAME OF PERSON SIGNING
Mary Rucker
TITLE
Deputy Director, Finance & Administration
CONTRACTING AGENCY AUTHORIZED SIGNATURE
DATE SIGNED
CALIFORNIA DEPARTMENT OF GENERAL SERVICES APPROVAL
EXEMPTION (If Applicable)
California Governor's Office of Emergency Services Downey Fire Department Regional US&R Response Training Reimbursement - RTF 2
Agreement No. A231012253- 1
EXHIBIT A
STATEMENT OF WORK (SOW)
REGIONAL URBAN SEARCH AND RESCUE (US&R) RESPONSE TRAINING & EXERCISE
REIMBURSEMENT -
REGIONAL US&R TASK FORCE TWO (RTF 2)
1. OBJECTIVE
The California Governor's Office of Emergency Services, hereinafter referred to as "Cal OES" requires Downey 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 and/or Mobilization Exercise (MOEX) 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 Fire Agency staff + ' for provided urban search and rescue response training and/or MO EX.
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 MOBEX will provide initial training for new team members and continual education for existing personnel to maintain competency and prepare for readiness to respond to any Decal, regional, or state disaster or catastrophe at which their specialized US&R and technical rescue capabilities are required in support of first responder units, as needed. The staff attending the MOBEX will ensure that the Fire Agency is prepared for response to US&R event 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 (CST]) 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 by the Department of General Services ( S), whichever is later, through
California Governor's Office of Emergency Services Downey Fire Department Regional US&R Response Training Reimbursement - RTF 2
Agreement No. A231012253-A 1
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.
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 California 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 ,�.0247,200.00 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:
I. Urban Search & Rescue (US R) Training
A. The Fire Agency will 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 2.
S. In order to maximize the training benefit and build response capability statewide, 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 2 team hosting the training and responders from the hosting jurisdiction.
C. The Fire Agency will ensure the members of the RTF 2 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
California Governor's Office of Emergency Services Downey Fire Department Regional US&R Response Training Reimbursement - RTF 2
Agreement No. A231012253- 1
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)
v. Safety Officer (SO)
vi, Any additional US&R training or continuing education (CE) approved by Cal OES Manager
D. The Fire Agency will ensure the members of the RTF 2 complete the required State Fire Marshall 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. Rope Rescue Awareness/Operations (RRA/O)
ii. Structural Collapse Specialist 1 (SCSI)
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) viii. Tower Rescue Technician (TRT)
ix. Common Passenger Vehicle Rescue Technician (CPVRT)
x. Animal Technical Rescue Awareness/Technician (ATRA/ ) i, Any additional US R training or CE approved by Cal OES Manager
California Governor's Office of Emergency Services Downey Fire Department Regional US&R Response Training Reimbursement - RTF 2
Agreement No. A231012253- 1
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 2 are receiving continual educational opportunities and/or refresher training to maintain competency utilizing the certified trainings required by Fire scope Incident Command System (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.
The Fire Agency shall ensure that staffing of the RTF meets 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 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 shall 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 Fire scope ICS 162 and NFPA 1006 Standard for Technical Rescue Personnel Qualifications (2021) position description and requirements for Technical Search and Rescue.
A. Provide Training Exercise Plan (TP) to include:
i. Initial plan no later than six (6) months prior to MOBEX execution,,
California Governor's Office of Emergency Services Downey Fire Department Regional US&R Response Training Reimbursement - RTF 2
Agreement No. A231012253-Al
ii. Midterm plan no later than three (3) months prior to MOBEX execution, iii. Final plan no later than thirty (30) days prior to MOBEX execution.
B. The Fire Agency shall conduct a survey of site location for capabilities, confirm address of location, and provide proposed scenarlios no later than three (3) month� M
C. The Fire Agency shall identify the number of evaluators and controllers needed t#,, meet objectives, which RTF teams are providing them; and create an evaluator/controiler roster no later than thirty (30) days prior to MOBEX execution.
D. The Fire Agency shall conduct a site walk, exercise brief, orientation of site,- and review exercise scenaribs with the evaluators / controllers one (1) to three (3) days prior to MOBEX execution.
E. The Fire Agency shoH complete exercise set up to include staging and positioning of personnel, equipment, and consurnables prior to MOBEX execution.
F. The Fire Agency, in conjunction with Cal OES, shall schedule MOBEX training to maintain sustainability for the Regional US&R Task Force.
G. The training shall consist of one (1) twelve (12) hour Mobilization Exercise which includes pre and post exercise planning,- mobilization (transportation of personnel and cache),- exercise operational period (establishment of base operations and onsite operations),- and demobilization of personnel and cache.
H. The staff attending the MOBEX shall ensure that the Fire Agency is prepared for response to US event vVithin the State of California.
1, The hosting Fire Agency shall confirm that all attendees are roster ed members of the Regional US&R Task Force.
I The Fire Agency shall invoice for consumable items to incWe, but not limited to, lumber, concrete, steel, tool bits/biades, chain, batteries, or items that require replacement during normal wear and tear expended during training.
K. The Fire Agency shall produce and provide an After Action Report (AAR) utilizing Homeland Security Exercise and Evaluation Program (HSEEP) formOt to Cal OES Contract Manager within sixty (60) days from training exercise completion.
California Governor's Office of Emergency Services Downey Fire Department Regional US&R Response Training Reimbursement - RTF 2
Agreement No. A231012253-A1
L. The Fire Agency shall provide exercise evaluators to support partner Regional Task Force teams for their MOBEX requirements.
The Lead Evaluator shall manage the Evaluation Team, produce the Evaluation Summary for the participating Task othe evaluation results to the Fire Agency and Cal OES at the end of the training.
M. The Fire Agency shall ensure that all reimbursable training meets the California Specialized Training Institute (CSTI) require ent/stan ards or receive pre -approval from Cal OF&
N. The Fire Agency shall provide Cal OES a team roster along with documentation that all students have completed the required MOBEX.
Ill. The Fire
Agency
e. using the Sample Invoice in Attachment 1.
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.
California Governor's Office of Emergency Services Downey Fire Department Regional US&R Response Training Reimbursement - RTF 2
Agreement No. A231012253- 1
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.treasu[ Y.gov/polic} - issues/financial-sanctions/sanctions-programs-and-country-informationzukraine- 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
California Governor's Office of Emergency Services Downey Fire Department Regional USSR Response Training Reimbursement - RTF 2
Agreement No. A231012253- 1
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 consumabies 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:
Cal OES will notify the Fire Agency of such problems in writing within five (5) business days.
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.
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.
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.
California Governor's Office of Emergency Services Downey Fire Department Regional US&R Response Training Reimbursement - RTF 2
Agreement No. A231012253- 1
i. Rejection of the revised corrective action plan will result in immediate termination of the Agreement.
In the event of Agreement termination, Cal DES 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 problems) justifies escalated reporting. To this extent, the Contractor will determine the level of severity and notify the appropriate Cal DES personnel. Cal DES 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 DES personnel include, but are not limited to, the following:
First level: .lack Fry, Deputy Chief
(916) 628-7015
[email protected]_ov
Second level: Justin Freiler, Deputy Superintendent
(805) 594-2148
Justin.Freiler@Cc_l FS.g s, oy
Third level: Lori Nezhura, Deputy Director
(916) 261-4535
[email protected]
10. TERMINATION OF AGREEMENT
Cal DES reserves the right to terminate this Agreement, subject to thirty (30) days written notice to the Fire Agency. In the event of termination, Cal DES 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 DES' 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
California Governor's Office of Emergency Services Downey Fire Department Regional US&R Response Training Reimbursement - RTF 2
Agreement No. A231012253-A 1
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.
E. This Agreement may be terminated at any time upon mutual written agreement between Cal OES and the Fire Agency.
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.
California Governor's Office of Emergency Services Downey Fire Department Regional US&R Response Training Reimbursement - RTF 2
Agreement No. A231012253-A 1
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 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. If a subcontractor is a California Certified DVBE, the Fire Agency shall provide proof of payments made to DVBE subcontractor(s) at the request of Cal OES. complete
G. 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.
H. The services may be subcontracted without limitation only when 1 a 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
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vii. An auxiliary organization of the Student Aid Commission established under Education Code § 69522.
I. 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 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
Downey Fire Department
Emergency Services
Jason Kindt, Contract Mgr. /
&4sta + Fire Chief, Anthony
NAME:
Emergency Management
NAME:
Hildebrand
Coordinator Instructor II
ADDRESS:
10391 Peter A McCuen
ADDRESS:
I I I I I Brookshire Ave.
Mather, CA 95655
Downey, CA 94973
PHONE:
(916) 628 - 3701
PHONE:
(562) 299-5463
EMAIL:
[email protected]
EMAIL:
California Governor's Office of Emergency Services Downey Fire Department Regional US&R Response Training Reimbursement- RTF 2
Agreement No. A231012253- 1
For Agreement administrative inquiries:
The California Governor's Office of Emergency
Downey Fire Department
Services
NAME:
Contract Analyst, �
NAME:
4&4k4# Fire Chief, Anthony
Jairo Turnil
Hildebrand
ADDRESS:
10391 Peter A McCuen Blvd
ADDRESS:
1 I I 11 Brookshire Ave.
Mather, CA 95655
Downey, CA 94973
PHONE:
(916) 345-3932
PHONE:
(562) 299-5463
EMAIL:
M�gen.l�ed��^�^^'^mac
EMAIL:
[email protected]
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[email protected]
California Governor's Office of Emergency Services Downey Fire Department Regional US&R Response Training Reimbursement - RTF 2
Agreement No. A231012253- 1
EXHIBIT B
BUDGET DETAIL AND PAYMENT PROVISIONS
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 Name / Team Name and Team Number RTF 2)
C. Description of the Services provide
D. Itemized Cost
E. Invoice Date
F. Invoice Number
G. Paint of Contact and Contact Infor anon
H. Address here the reimburse ent is t b ailed
I. Total Reimbursement Amount
J. Reference billed to Cal OES
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 approval 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:ll www.caIhr.ca.gov/employees/pages/travel-rei bursements.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.
California Governor's Office of Emergency Services Downey Fire Department Regional US&R Response Training Reimbursement - RTF 2
Agreement No. A231012253-A 1
4. Submit invoices to:
California Governor's Office of Emergency Services
Accounting Unit
[email protected] i ( v
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.
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, 202.
California Governor's Office of Emergency Services Downey Fire Department Regional US&R Response Training Reimbursement — RTF 2
Agreement No. A231012253-A 1
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 NO. DESCRIPTION EXTENDED PRICE
Reimbursement for US&R training,
development, and evaluation, including
administrative fees**, backfill***,
overtime***, instructor fees, facility rental
1 fees, equipment rental fees, $247,200.00
consumables', and travel for
attending the training courses described
in Exhibit A, sections 4- , G
4.1. , 41D, 4.1.E and 4.11
Grand Total t
*The allowable cost for reimbursement under this Agreement are travel (as applicable and specified by Cal HR on their website: http•iZwww calhr.ca.govlemi2loyees pages/travel- reimbursemgnts.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 $ 9-, . 247,200.00.
**The Fire Agency is approved to add a 3% administrative fee for processing invoices for reimbursement.
***The backfill and overtime cost will be reimbursed based on the staff's classification levels utilized at the Fire Agency according to the rates specified in California Fire Assistance Agreement (CFAA) : httgs:l/www caloes ca gov/office-of-the-directorloperations/resaonse- ooerations/fire-rescue/administration-reimbursement/
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California Governor's Office of Emergency Services Downey Fire Department Regional US&R Response Training Reimbursement - RTF 2
Agreement No. A23 012253- l
EXHIBIT C
GENERAL TERMS AND CONDITIONS
California Governor's Office of Emergency Services Downey Fire Department Regional US&R Response Training Reimbursement - RTF 2
Agreement No. A231012253-A1
111
Street Address
City, ST ZIP Code
Phone Enter phone I Fax Enter fax
Email I Website
TO
Cal OES
3650 Schriever Ave
Mather, CA 95655
CST11nv [email protected]
Travel
Class #2 name, date, # of students
Lodging
Tuition
Travel
3% Admin Fee
Total
Make all checks payable to 1BTEAM/FIRE AGENCY NAME
Payment is due within 45 days.
if you have any questions concerning this invoice, contact Name I Phone I Email
INVOICE
RIM
CONTRACT A231OXXXXX
$XXXX
$XXXX
$XX.XX
$XXXX
$XX.XX
$XXXX