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Memorandum
State of California
Board of Equalization
Administration Department- MIC: 69
Telephone: (916) 445-4272
Memorandum
To
Honorable Jerome E. Horton, Chairman
Honorable Michelle Steel, Vice Chair
Honorable Betty T. Yee, First District
Senator George Runner, Second District
Honorable John Chiang, Controller
From
Liz Houser, Deputy Director
Administration Department
Oat"
November 30, 2011
",bloc' , December 2011 Sacramento Board Meeting Agenda
The Administration Department requests the following item(s) be placed on the
Board's December 14-15, 2011 Sacramento meeting calendar under "P. Other
Administrative Matters."
P.
Other Administrative Matters
P5. Administration Deputy Director's Report ..... ... .. .... .• ......... ... ... ...... Ms. Liz Houser
1_ Contract Over $1 Million
Reimbursable Inter-Agency Agreement with the Department of Forestry and Fire
Prevention to administer the State Responsibility Area Fire Prevention Fee .
LH:lk
Attachment
cc:
Ms. Regina Evans-Jarrett
Mr. Louis Barnett
Mr. Alan LoFaso
Mr. Sean Wallentine
Ms. Marcy Jo Mandel
I approve:
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Kristine CaZlfcid,
Executive Director
Item P5
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Contractor
Dept. of Forestry and Fire Protection
Contract #2011-4125
Start Date
Upon Approval
Expiration Date
Estimated Total
Cost
6/30/2012
$3,320,000.00
Purpose
Assembly Bill (AB) 1X 29 (effective July 1, 2011) authorized a
new fee to be assessed on owners of structures located
within State Responsibility Areas (SRA) in order to pay for
fire prevention activities in the SRA that specifically benefit
owners of structures in the SRA.
The BOE will provide resources to implement and
administer AB 1X 29, State Responsibility Area Fire
Prevention Fee, in terms of billing and collecting required
fees from fee payers.
The services shall be performed at the BOE headquarters
and appropriate field offices as necessary, or as is otherwise
determined by the BOE and the Department to be necessary
to levy and collect fees.
STATE OF CALIFORNIA
STANDARD AGREEMENT
STD 213 (Rev 06/03)
AGREEMENT NUMBER
9CA-SRA001-11/BOE2011-4125
REGISTRATION NUMBER
1.
This Agreement is entered into between the State Agency and the Contractor named below:
STATE AGENCY'S NAME
Department of Forestry and Fire Protection
CONTRACTOR'S NAME2
CA Board of Equalization
Upon Approval
2.
The term of this Agreement is:
3.
The maximum amount of this Agreement is:
through
June 30, 2012
$3,320,000.00
Interagency Agreement – SRA Fee Implementation
4.
The parties agree to comply with the terms and conditions of the following exhibits which are by this reference made
a part of the Agreement:
Exhibit A – Scope of Work
Exhibit B – Budget Detail and Payment Provisions
Exhibit C* – General Terms and Conditions
Exhibit D – Special Terms and Conditions
3
page(s)
2
page(s)
610
page(s)
GIA
2
Items shown with an Asterisk (*), are hereby incorporated by reference and made part of this agreement as if attached hereto.
These documents can be viewed at http://www.ols.dgs.ca.gov/Standard+Language
IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.
California Department of General
Services Use Only
CONTRACTOR
CONTRACTOR’S NAME (if other than an individual, state whether a corporation, partnership, etc.)
CA State Board of Equalization
DATE SIGNED(Do not type)
BY (Authorized Signature)

PRINTED NAME AND TITLE OF PERSON SIGNING
Kenneth Topper, Chief, Acquisitions Branch
ADDRESS
450 N Street, MIC: 24, Sacramento, CA 95814
STATE OF CALIFORNIA
AGENCY NAME
Department of Forestry and Fire Protection
BY (Authorized Signature)
DATE SIGNED(Do not type)

PRINTED NAME AND TITLE OF PERSON SIGNING
Janet Barentson, Deputy Director
ADDRESS
P.O. Box 944246, Sacramento, CA 94244-2460
Exempt per:
Chptr 8/2011
CA Board of Equalization
Contract # 9CA-SRA001-11/BOE 2011-4125
EXHIBIT A
Page 1 of 3
SCOPE OF WORK
The CA Board of Equalization (hereinafter “ BOE”) agrees to provide to the Department of Forestry and Fire Protection
(hereinafter “Department”) services involved in the establishment and implementation of a fee collection system and
program, as described herein. The Department agrees to provide $3,320,000 for one-time contract programming
resources and data center services necessary to add a new fee program to the BOEs Integrated Revenue Information
System (IRIS) and Automated Collection System (ACMS) and specialized equipment for one high speed scanner and
telephone equipment. Funding will also support BOE positions and operating expenses in Fiscal Year 2011-12 for work
involved in the fire prevention fee implementation and collection project.
Background
Assembly Bill (AB) 1X 29 (effective July 1, 2011) adds Chapter 1.5 (commencing with section 4210) to Part 2 of Division 4
of the Public Resources Code to authorize a new fee to be assessed on owners of structures located within State
Responsibility Areas (SRA) to pay for fire prevention activities in the SRA that specifically benefit owners of structures in
the SRA. There are an estimated 850,000 structures located in SRA subject to the fee. Public Resources Code section
4213 mandates the BOE to assess and collect the new fee in accordance with the Fee Collection Procedures Law (Part
30 (commencing with Section 55001) of Division 2 of the Revenue and Taxation Code) commencing with the 2011-12
fiscal year.
1. The services shall be performed at the BOE headquarters and appropriate field offices as necessary, or as is
otherwise determined by the BOE and the Department to be necessary to levy and collect fees.
2. The Project Representatives during the term of this Agreement will be:
State Agency: CA Forestry and Fire Protection
Name: Monte Manson
Phone: (916) 324-7088
Fax:
(916) 327-0286
Email: [email protected]
Contractor: CA Board of Equalization
Name: Lou Feletto
Phone: 916-323-9401
Fax:
Email: [email protected]
Direct all inquiries to:
State Agency: CA Forestry and Fire Protection
Section/Unit: Management Services
Attention:
Tom Lutzenberger
Address:
P.O. Box 944246
Sacramento, CA 95815
Phone:
(916) 869-9040
Fax:
(916) 323-1888
Email:
[email protected]
Contractor:
Section/Unit:
Attention:
Address:
Phone:
Fax:
Email:
CA Board of Equalization
Acquisitions Branch
Contracts Section
450 N Street, MIC: 24
Sacramento, CA 95814
(916) 322-2107
(916) 322-3184
[email protected]
Either Project Coordinator may be changed without a formal amendment to this contract. The changing party will
notify the other party with a ten (10) day prior written notice either by fax, mail or e-mail, which will contain the new
Project Coordinator’s name, mailing address, e-mail address, phone and fax numbers.
CA Board of Equalization
Contract # 9CA-SRA001-11/BOE 2011-4125
EXHIBIT A
Page 2 of 3
SCOPE OF WORK (continued)
1. Department Responsibilities:

On or before September 1, 2011, adopt emergency regulations to establish a fire fee in an amount not to exceed
$150 to be charged on each structure on a parcel that is within the SRA.

Transmit to the BOE the name and address of each person liable for the fire prevention fee and the fee amount to
be assessed. At the same time, the department shall provide to the BOE a contact telephone number to be
printed on the bill to respond to questions about the fee.

Determine ongoing revenue need based on its fiscal year expenditure needs and sufficiency of money in the
State Responsibility Area Fire Protection Fund (Fund) to finance the costs of the Department’s fire prevention
activities set forth in AB 1X 29.

Adjust the fee annually using prescribed methods and provide this information to the BOE.
2.
BOE Responsibilities:

Provide fee assessment and collection services

Advertise and hire implementation staff

Begin and complete IRIS and ACMS programming, review and test new system functionality

Obtain fee payer registration/billing list and upload into IRIS system

Work with the Forestry Board and Department on developing and adopting emergency regulations

Work with the Forestry Board and Department on format and details necessary for the registration list

Work with the Department on refinement of the details of its fee appeals framework that relate to BOE processes

Work with the Forestry Board and Department on continuing aspects of the program and emerging issues,
including invoice communications with fee payers.

Develop refund and petition procedures

Develop billing documents, refund acknowledgment letters and petition acknowledgment letters

Hire and train new personnel to commence work in June 2012

Deposit fee revenues in the SRA Fire Prevention Fund

Maintain control and oversight of the program operations

Prepare necessary reports
Provide statistical and accounting reports that detail and summarize billing and collection information on a
monthly, quarterly and annual basis to the Department in a format mutually agreed to by the BOE and the
Department. The BOE may provide this information to the Department of Finance and the Legislature upon the
written concurrence of the Department, subject to existing confidentiality statutes.
CA Board of Equalization
Contract # 9CA-SRA001-11/BOE 2011-4125
EXHIBIT A
Page 3 of 3
SCOPE OF WORK (continued)
BOE responsibilities (continued)

Provide all information and statistical data to the Executive Officer of the Forestry Board necessary for its report to
the Legislature as detailed in PRC Section 4214 (f).
3.
The Department and the BOE agree to work cooperatively as follows:



Exchange of information and data, as necessary, for the operation of the fee collection program and the
compilation of reports.
Attend meetings, as necessary, to discuss issues or educational outreach related to the fee program
Notify each other in writing of any proposed policies and procedures that may potentially affect the administration
of the fee collection program.
4.
Performance Metrics
The Parties agree that outcomes identified in this Agreement and associated revenue will be measured by the
number of billings issued and collections of these billings in future fiscal years after successful implementation of
the program during the current fiscal year.
CA Board of Equalization
Contract # 9CA-SRA001-11/BOE 2011-4125
EXHIBIT B
Page 1 of 2
BUDGET DETAIL AND PAYMENT PROVISIONS
1. Invoicing and Payment
A. For services satisfactorily completed in accordance with the terms and conditions stated herein, and upon receipt
and approval of the invoices, the Department of Forestry and Fire Protection agrees to compensate the Board of
Equalization for actual expenditures incurred as follows:
Establishment and implementation of an
SRA fee collection system and program.
$3,320,000.00
B. The BOE shall submit an invoice to the Department for cost incurred pursuant to this Agreement. In addition,
each invoice shall contain the following information:
1)
2)
3)
4)
The Agreement number (9CA-SRA001-11/BOE 2011-4125).
The dates or time-period which the invoiced costs were incurred.
Description of service, quantity, rate, and total for the current invoice.
The signature of an authorized approving official representative of the Board of Equalization.
C. Invoices shall be submitted to:
California Department of Forestry and Fire Protection
Attention: Tom Lutzenberger
P.O. Box 944246
Sacramento, CA 94244-2460
916-869-9040
[email protected]
2. Budget Contingency Clause
A. 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, the Department shall have no liability to pay any funds whatsoever to Contractor or to furnish
any other considerations under this Agreement and Contractor shall not be obligated to perform any provisions of
this Agreement.
B. If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this program, the Department
shall have the option to either cancel this Agreement with no liability occurring to the Department, or offer an
agreement amendment to Contractor to reflect the reduced amount.
3. 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
Department, if an invoice from a business under contract with the Department 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.
CA Board of Equalization
Contract # 9CA-SRA001-11/BOE 2011-4125
EXHIBIT B
Page 2 of 2
BUDGET DETAIL AND PAYMENT PROVISIONS (continued)
4. Payment
A.
Costs for this Agreement shall be computed in accordance with State Administrative Manual Sections 8752 and
8752.1.
B.
Nothing herein contained shall preclude advance payments pursuant to Article 1, Chapter 3, Part 1, Division 3,
Title 2 of the Government Code of the State of California.
5. Non Payment of Invoices
A. The Department of Forestry and Fire Protection agrees to notify the BOE within 10 days of discovery of a
disputed issue if there is a dispute concerning the services, charges and/or the in the invoices submitted by the
BOE.
B. If, the Department of Forestry and Fire Protection has not disputed nor made reimbursement within 45 days of the
invoice date, the BOE may send the Department of Forestry and Fire Protection a 30 day notice that a
Transaction Request will be submitted to the State Controller’s Office to initiate a transfer of funds for
nonpayment, in accordance with Government Code Section 11255. The BOE will submit the Transaction
Request to the State Controller’s Office on the 30th day following the date of the Notice.
CA Board of Equalization
Contract # 9CA-SRA001-11/BOE 2011-4125
EXHIBIT D
Page 1 of 2
SPECIAL TERMS AND CONDITIONS
1. Cancellation
Public Resources Code section 4213 requires the Department to transmit to the BOE the name and address of fee payers
and the BOE to assess and collect the fire prevention fee annually imposed pursuant to section 4212. Accordingly, this
agreement cannot be cancelled or terminated unless there is a statutory change. The parties agree to work cooperatively
to modify the agreement, as needed. The designated staff of both agencies shall make themselves available, and shall in
good faith and in a timely manner attempt to resolve problems with the data or any other issues that may arise pursuant to
this Agreement. If any dispute cannot be resolved within 30 days, such dispute shall be referred to the Dispute Resolution
Procedure outlined in Exhibit D. Upon resolution of a dispute, such resolution shall be set forth in writing and shall be
maintained by both parties. Notwithstanding the foregoing, if funding for any fiscal year is not appropriated, is reduced or
eliminated, the parties shall have the option to either cancel this agreement with no liability accruing to either party, or to
agree to an amended agreement to reflect the reduced amount.
2. Settlement of Disputes
In the event of a dispute, within fifteen (15) days of discovery of the problem contractor shall file a "Notice of Dispute"
with:
Department of Forestry and Fire Protection
Attention: Tom Lutzenberger
Management Services - Fiscal
P.O. Box 944246
Sacramento, CA 94244-2460
Within ten (10) days of CAL FIRE receiving contractor's notice, the contracts manager or designee shall advise
contractor of the findings and recommend a method to resolve the dispute. Decision of the contracts manager or
designee shall be final.
3. Potential Subcontractors
Nothing contained in this Agreement or otherwise, shall create any contractual relation between the Department and
any subcontractors, and no subcontract shall relieve the BOE of their responsibilities and obligations hereunder. The
BOE agrees to be as fully responsible to the Department for the acts and omissions of its subcontractors and of
persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly
employed by the BOE. The BOEs obligation to pay its subcontractors is an independent obligation from the
Department's obligation to make payments to the Contractor. As a result, the Department shall have no obligation to
pay or to enforce the payment of any moneys to any subcontractor.
4, Agency Liability
The BOE warrants by execution of this Agreement, that no person or selling agency has been employed or retained to
solicit or secure this Agreement upon agreement or understanding for a commission, percentage, brokerage, or
contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by
the BOE for the purpose of securing business. For breach or violation of this warranty, the Department shall, in
addition to other remedies provided by law, have the right to annul this Agreement without liability, paying only for the
value of the work actually performed, or otherwise recover the full amount of such commission, percentage,
brokerage, or contingent fee.
CA Board of Equalization
Contract # 9CA-SRA001-11/BOE 2011-4125
EXHIBIT D
Page 2 of 2
SPECIAL TERMS AND CONDITIONS (continued)
5. Force Majeure
Neither party shall be liable to the other for any delay in or failure of performance, nor shall any such delay in or
failures of performance constitute default, if such delay or failure is caused by “Force Majeure.” As used in this
section, “Force Majeure” is defined as follows: Acts of war and acts of God such as earthquakes, floods, and other
natural disasters such that performance is impossible.
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