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RESOLUTION NO.
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2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH THE UNITED STATES DEPARTMENT OF
3 AGRICULTURE, FOREST SERVICE PACIFIC SOU~HWEST FOREST AND RANGE
EXPERIMENT STATION RELATING TO WILDFIRE PREVENTION STUDIES.
4
BE IT RESOLV~D BY THE MAYOR AND COMMON COUNCIL OF THE CITY
5 OF SAN BERNARDINO AS FOLLOWS:
6
SECTION 1. The Mayor of the City of San Bernardino is
7 hereby authorized and directed to execute on behalf of said City
8 an Agreement with the United States Department of Agriculture,
9 Forest Service Pacific Southwest Forest and Range Experiment
10 Station relating to wildfire prevention studies,a copy of which is
11 attached hereto, marked Exhibit "I tt and incorporated herein
12 by reference as fully as though set forth at length.
13 I HEREBY CERTIFY that the foregoing resolution was duly
14 adopted by the Mayor and Common Council of the City of San
15
Bernardino at a ~" M
on the /f'l'i day of Zet~
meeting thereof, held
16
, 1977, by the following
17 vote, to wit:
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Cit Clerk
. /7 The foregoing resolution is hereby approv this ~/~ day
Of'/J--I!~~ , 1977.
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MASTER AGREEMENT
FOR
CONDUCTING COOPERATIVE WILDFIRE PREVENTION STUDIES
BETWEEN
THE CITY OF SAN BERNARDINO, STATE OF CALIFORNIA
AND
UNITED STATES DEPARTMENT OF AGRICULTURE, FOREST SERVICE
PACIFIC SOUTHWEST FOREST AND RANGE EXPERIMENT STATION
CONTRACT NO. 21-582
THIS AGREEMENT, made and entered into this 12th day of
December , 1977, by and between the City of San Bernardino,
State of California, hereinafter referred to as the City, and the Forest
Service, United States Department of Agriculture, acting through the
Director of the Pacific Southwest Forest and Range Experiment Station,
hereinafter referred to as the Station, WITNESSETH:
WHEREAS, the City conducts fire prevention programs on public and
private lands within the City of San Bernardino, State of California,
and is interested in the conservation of the natural resources of the
United States and desires to work with the Station in the accomplishment
of research in wildfire prevention systems, and
WHEREAS, the Station as an agency of the Federal Government, is
responsible for and conducts a program of forestry research of use and
value to owners, operators, and administrators of public and private
forest lands and forest industries in the State of California, and
WHEREAS, distinct advantages will accrue by correlating and
coordinating respective studies and programs in better managing fire
prevention programs by both parties, and
WHEREAS, the parties hereto are mutually interested and desire to
cooperate in conducting studies pertaining to wildfire prevention, and
WHEREAS, cooperation in the above research work is authorized by
the McSweeney-McNary Forest Research Act of May 22, 1928 (45 Stat. 699),
as amended and supplemented (16 U.S.C. 581, 58la-58li, 58li-l;
76 Stat. 579).
NOW, THEREFORE, in consideration of the above premises, the parties
hereto agree as follows:
A. That the City Agrees:
1. To conduct work in the City of San Bernardino on projects
mutually agreed upon by the parties to this Agreement.
2. To furnish an experienced Fire Prevention Specialist of
the San Bernardino City Fire Department, to provide
leadership essential to the satisfactory carrying out of
the studies.
3. To employ and supervise personnel to carry out the study.
4. To provide for the custody, care, and direct supervision
of technical aids performing work under this Agreement
at no cost to the Station.
5. To provide fire and other data deemed necessary for the study.
6. That the Agreement is to be supplemented annually with work
plans for work to be performed within the Federal fiscal year,
October 1 through September 30, of the following year, as set forth
under Clause 2, Section C, below.
7. To render itemized statements of expenditures for the study
showing the direct cost to be reimbursed by the Station, at
quarterly intervals if desired by the City, but at least as
of June 30 and September 30, each year. Duplicate copies of
said statements will be mailed to the Pacific Southwest Forest
and Range Experiment Station, P. O. Box 245, Berkeley, California
94701.
8. To provide supplies and equipment necessary and available to
carry out the studies.
9. To comply with Title VI of the Civil Rights Act of 1964 and
all requirements imposed or pursuant to the Regulation of the
u. S. Department of Agriculture (7 CFR, Part 15) issued pursuant
to that Act.
B. The Station Agrees:
1. To provide selected study sites as mutually agreed upon.
2. To provide technical advice, guidance, and inspection as
necessary to carry out the studies.
3. To collaborate with the City in the preparation of mutually
acceptable work plans as set forth in Clause 6, Section A, above.
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4. To reimburse the City for its direct costs for the items listed
in the approved work plan under this Agreement but not to exceed
the total amount specified in the applicable work plan for the
agreed period. This sum is in addition to any Station contributions
in the form of services and supplies. Said payments will be made
to the City within 30 calendar days from the date of receipt of
an expenditure statement by the Station.
5. To provide special equipment, supplies and materials necessary
and available to carry out the studies.
C. It is Mutually Agreed That:
1. The work plans referred to hereinabove shall be made a part of
this Agreement and incorporated into its terms by this reference.
2. Prior to beginning each project, there will be a separate work
plan outlining the specific project, general procedural work,
maintenance responsibility by each party for such project. If
cost sharing is required, in addition to the aforementioned items,
the amount of funds required to carry out the work plan shall
be detailed as to salaries and wages, operating expenses, and
equipment. Each such work plan shall be mutually agreed to by
both parties and adopted as an amendment hereto.
3. Improvements placed on National Forest Land at the direction of
either of the parties shall thereupon become the property of the
United States and shall be subject to the regulations and
administration of the Forest Service.
4. All supplies, materials, and equipment of any kind purchased
wholly from funds provided by the Station under the terms of
this Agreement and not consumed in the project shall be the
property of the Station and disposed of as directed thereby.
5. permission to perform work on agreed study sites, under the terms
of this Agreement does not in any way convey to the City, its
officials, or any person working with the City in the performance
of said work, employee status that would extend to them the benefits
of the Federal Employees Compensation Act, as amended.
6. The United States shall not be liable to the City tor any damage
incident to the performance of work under this Agreement.
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7. This Agreement may be revised as necessary, by mutual
consent of both parties, by the issuance of a written
amendment signed and dated by both parties.
8. No Member of, or Delegate to, Congress or Resident
Commissioner shall be admitted to any share or part of
this Agreement, or to any benefit that may arise therefrom
but this provision shall not be construed to extend to
this Agreement if made with a corporation for its general
benefi t.
9. Nothing in this Agreement shall be construed as obligating
the Station or the City to expend, or as involving both
agencies in any obligation for future payment of money,
in excess of its appropriations authorized by law, and
administratively allocated for this work.
10. Either party may terminate this Agreement by providing
60 days notice in writing to the other. Unless so terminated,
the period of this Agreement will be from the date of its
execution through June 30, 1981, and, at the option of the
parties, shall be renewable thereafter for an additional
period not to exceed five (5) years.
11. Neither party will publish any results without consulting
the other. This is not to be construed as applying to
popular publication of previously published technical
matter. publication may be joint or independent as may be
agreed upon always giving due credit to the cooperation and
recognizing within proper limits the rights of individuals
doing the work. In the case of failure to agree as to manner
of publication or interpretation of results, either party may
publish data after due notice and submission of the proposed
manuscripts to the other. In such instances, the party
publishing the data will give due credit to the cooperation
but assume full responsibility for any statements on which there
is a difference of opinion.
12. In the performance of work, ~he City agrees to comply with
the provisions shown in Exhibit A which is attached and made
a part of this Agreement. In this Exhibit "contractor" means
"the City"; "contracting officer" and "contracting agency"
means "the Station."
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13. In connection with the performance of the research work
under this Agreement the City agrees not to employ any
person undergoing sentence of imprisonment at hard labor.
14. The City will maintain adequate accounting records and
allow authorized officials of the Forest Service, and
any other Federal agencies required to do so, to examine
the financial records of the City pertaining to the research
described herein as deemed necessary by the Forest Service
and retain these records and keep them available for review
for three years after completion of the work provided for
under this Agreement or amendment thereof, unless disposition
is otherwise authorized by mutual consent in writing.
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed by their respective officers, the provisions of which are effective
as of the date hereinabove written.
u.S. DEPARTMENT OF AGRICULTURE
FOREST SERVICE
PACIFIC SOUTHWEST FOREST AND
RANGE EXPERIMENT STATION
By
Date /d? /~/ /177
/ / '
CITY OF
Date
12/~l77
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EXHIBIT "A"
UNITED STATES DEPARTMENT OF AGRICULTURE
EQUAL OPPORTUNITY
(The following clause is applicable unless this contract is exempt under the rules, regulations,
and relevant orders of the Secretary of Labor (41 CFR, Ch. 60).
During the performance of this contract, the Contractor agrees as follows:
(a) The Contractor will not discriminate against any employee or applicant for employ-
ment because of race, color, .religion, sex, or national origin. The Contractor will
take affirmative action to ensure that applicants are employed, and that employees
are treated during employment, without regard to their rac~, color, religion, sex or
national origin. Such action shall include, but not be limited to, the following:
employment, upgrading, demotion, or transfer; recruitment or recruitment advertising;
layoff or termination; rates of payor other forms of compensation; and selection
for training, including apprenticeship. The Contractor agrees to post in conspicuous
places, available to employees and applicants for employment, notices to be pro -
vided by the Contracting Officer setting forth the provisions of this Equal Oppor.
tunity clause.
(b) The Contractor will, in all solicitations or advertisements for employees placed by
or on behalf of the Contractor, state that all qualified applicants will receive con -
sideration for employment without regard to race, color, religion, sex or national
origin.
(c) The Contractor will send to each labor union or representative of workers with
which he has a collective bargaining agreement or other contract or understanding,
a notice, to be provided by the agency Contracting Officer, advising the labor union
or workers' representative of the Contractor's commitments under this Equal Oppor-
tunity clause, and shall post copies of the notice in conspicuous places available
to employees and applicants for employment.
(d) The Contractor will comply with all provisions of Executive Order No. 11246 of
September 24, 1965, and of the rules, regulations, and relevant orders of the
Secretary of Labor.
(e) The Contractor will furnish all information and reports required by Executive Order
No. 11246 of September 24, 1965, and by the rules, regulations, and orders of the
Secretary of Labor, or pursuant thereto, and will permit access to his books, records,
and accounts by the contracting agency and the Secretary of Labor for purposes of
investigation to ascertain compliance with such rules, regulations, and orders.
(f) In the event of the Contractor's noncompliance with the Equal Opportunity clause of
this contract or with any of the said rules, regulations, or orders, this contract may be
canceled, terminated or Sl1spended, in whole or in part, and the Contractor may be
declared ineligible for further Government contracts III accordance with procedures
authorized in Executive Order No. 11246 of September 24, 1965, and such other
sanctions may be imposed and remedies invoked as provided in Executiye Order
No. 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of
Labor, or as otherwise provided by law.
Continued on reverse
FORM AD.369 (RE'iI..U,...68l
FPR (4' CFR) 1.12.803-2
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ADoU9 CONTINUED
(g) Tbe Contractor wm include tbe provisions of paragrapbs (a) tbrougb (g) in every
subcontract or purchase order unless exempted by rules, regulations. or orders of
tbe Secretary of Labor issued pursuant to section 204 of Executive Order No. 11246
of September 24, 1965. so that such provisions will be binding upon each subcon-
tractor or vendor. Tile Contractor will' take sucb action with respect to any sub-
contract or purchase order as the contracting agency may direct as a means of
enforcing such provisions.' including!lanctions for noncompliance: Provided, bow- .
ever, tbat in the event the Contractor becomes involved in, or is threatened with,
litigation with a subcontractor or vendor as a. result of such direction by. the con-
tracting agen.cy, the Contractor may request the United States to enter into sucb
litigation to protect the interests of tbe United States.
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, FORM AD-369 (REV. 11-611 Reyer.e
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City of San Bernardino
Agreement No.
Attachment to Contract No. 21-582
The City of San Bernardino. State of California
and
Pacific Southwest Forest and Range Experiment Station
A STUDY OF WILDFIRE PROBLEMS AND PROGRAMS AT THE
WILDLAND-URBAN INTERFACE.
SAN BERNARDINO. CALIFORNIA
Cooperative Research Work Plan for 1977-78
OBJECTIVES OF THE STUDY
To participate with the PSW Station--RWU 2105. in a cooperative
study of wildfire prevention problems and programs at the
Wildland. Urban. Rural Interface. San Bernardino. California.
Participation includes the compilation of fire data for the
period 1965-1975. the definitions of prevention problems on the
basis of this data. and the development. testing and evaluation of
cooperative fire prevention programs.
SCOPE OF THE STUDY
1. The City of San Bernardino. the County of San Bernardino.
the California Department of Forestry. the San Bernardino
National Forest and Pacific Southwest Forest and Range
Experiment Station are undertaking a study of fire
prevention problems and programs at the Wildland-Urban
Interface. San Bernardino. California. The Station will
provide support to the City for fire data compilation.
analysis and prevention program implementation and
evaluation.
PLAN OF WORK
1. The City will collect all fire data for the period
. 1965-1976.
2. The City will code fire data according to coding schemes
provided by the Station.
3. The city will provide census information describing
changing land use patterns for the period 1965-1977.
4. The City will work with the cooperating organizations listed
in the section "Scope of Studyll in designing cooperative
fire prevention programs to be implemented and evaluated.
.
FINANCIAL PLAN
Effective December t2, 1977, to September 30, 1978:
A. Forest Service Share of Costs:
Salaries
Travel
Computer Services
Supplies
TOTAL
3,000
300
500
200
4,000
B. San Bernardino Shall Contribute:
1. Labor in the form of Fire
Prevention Specialist
5,000
2. Support Services, e.g.,
Statistical aids,
Planning Commission
consultant, etc. 5,000
TOTAL 10,000
C. GRAND TOTAL
REPORTS
$14,000
Formal reports will be written whenever research findings warrant.
The following reports will be submitted in triplicate copies to the
Pacific Southwest Forest and Range Experiment Station, U.S. Forest
Service, Berkeley, California 94701, for activities under this Work
Plan for 1977-78:
A. An interim progress report by October 1,1978.
B. A final progress report by December 31, 1978.
By
U.S. DEPARTMENT OF AGRICULTURE
FOREST SERVICE
PACIFIC SOUTHWEST FOREST AND
RANGE EXPERIMENT STATION
PA L C. GUILKEY
Deputy Director