REPORT/RECOMMENDATION TO THE BOARD OF DIRECTORS
OF SAN BERNARDINO COUNTY FIRE PROTECTION DISTRICT
AND RECORD OF ACTION
September 10, 2024
FROM
DAN MUNSEY, Fire Chief/Fire Warden, San Bernardino County Fire Protection District
SUBJECT
Title
Rapid Wildfire Containment System Grant Award and Demonstration Project Agreement
End
RECOMMENDATION(S)
Recommendation
Acting as the governing body of the San Bernardino County Fire Protection District:
1. Approve Subgrant Agreement with Windward Fund for the Rapid Wildfire Containment System Grant Award, to fund a demonstration project that involves the deployment of an autonomous aircraft to contain a controlled burn within the San Bernardino County Fire Protection District, in the amount of $546,353, for the period of September 10, 2024, through September 9, 2026.
2. Approve Agreement with Rain Industries, Inc., including non-standard term, to fund a demonstration project that involves the deployment of an autonomous aircraft to contain a controlled burn within the San Bernardino County Fire Protection District, in the amount of $546,353, for the period of September 10, 2024, through September 9, 2026.
3. Find the demonstration project identified in Recommendation Nos. 1 and 2 serves the San Bernardino County Fire Protection District purpose of providing valuable information and training to San Bernardino County Fire Protection District staff on the detection, response, and containment of wildfires, and providing fire protection services.
4. Authorize the Chief Executive Officer or the Fire Chief/Fire Warden to proceed with the following actions related to the Windward Fund for the Rapid Wildfire Containment System Grant Award on behalf of the San Bernardino County Fire Protection District:
a. Act as signatories for grant reimbursement claims, performance reports, and other documents required to administer the grant.
b. Approve any non-substantive grant amendments, including extending the performance timelines, subject to County Counsel review.
5. Direct the Fire Chief/Fire Warden to transmit all grant amendments to the Windward Fund for the Rapid Wildfire Containment System Grant Award to the Secretary of the Board of Directors within 30 days of execution.
(Presenter: Dan Munsey, Fire Chief/Fire Warden, 387-5779)
Body
COUNTY AND CHIEF EXECUTIVE OFFICER GOALS & OBJECTIVES
Operate in a Fiscally-Responsible and Business-Like Manner.
Provide for the Safety, Health and Social Service Needs of County Residents.
Pursue County Goals and Objectives by Working with Other Agencies and Stakeholders.
FINANCIAL IMPACT
Approval of these actions will not result in the use of Discretionary General Funding (Net County Cost). The $546,353 grant award from the Windward Fund (Windward) will be used by the San Bernardino County Fire Protection District (SBCFPD) to pay for Rain Industries, Inc. (Rain) to perform a demonstration of the Rapid Wildfire Containment System (RAIN System) to SBCFPD, which is expected to provide valuable information and training to SBCFPD staff on the detection, response, and containment of wildfires and providing fire protection services. Rain will be responsible for all significant costs for the demonstration project in excess of $546,353.
No budget adjustment is being requested at this time.
BACKGROUND INFORMATION
SBCFPD staff contacted Rain about its willingness to perform a demonstration of the capability of autonomous aircraft to contain wildfires as SBCFPD wishes to use advanced technology for the early detection of wildfires. Rain made SBCFPD aware of a grant program by Windward that could pay for a demonstration project. Rain also provided input to SBCFPD on SBCFPD’s grant application to Windward for grant funds associated with the demonstration project (Project).
On February 24, 2023, the Chief Executive Officer, in accordance with County Policy No. 05-13, authorized SBCFPD to submit an application for the Windward RAIN System pilot program for the Project.
Windward is a 501(c)(3) organization which fiscally sponsors various conservation programs, connecting philanthropic donors and nonprofit organizations with shared goals of protecting the environment to effectively deliver solutions to the world’s most persistent problems, including climate resilience and conservation.
The Project will demonstrate the deployment of an autonomous aircraft RAIN System. This demonstration of wildfire containment will be led by Rain and will occur in three stages: detection, response, and containment. Rain will use a network of cameras known as the ALERTWildfire Camera Network to detect any fires. If a fire is detected, the RAIN System is launched in order to contain high-risk wildfires within ten minutes of ignition. The objective is to get to the ignition site quickly and contain the blaze on the first response. The recommended agreement with Rain will provide up to $546,353 to Rain to perform the Project.
The Project by Rain serves the SBCFPD purpose of providing valuable information and training to SBCFPD staff on the detection, response, and containment of wildfires and providing fire protection services.
SBCFPD was notified that it was awarded a grant of $546,353 to fund this Project on August 4, 2023. SBCFPD submitted an Advice Letter to the Fair Political Practices Commission (FPPC) to ensure there was no Government Code section 1090 et seq. conflict of interest in the agreement with Rain. SBCFPD received notice from the FPPC on February 26, 2024, that Government Code section 1090 does not prohibit SBCFPD from entering into this contract with Rain. Rain subsequently informed SBCFPD that the autonomous aircraft was no longer going to be the vehicle previously identified to SBCFPD and included in the grant application submitted by SBCFPD to the Windward Fund. Because the autonomous vehicle changed, the location of the Project may not be at the same site previously identified in the grant application. As a result, on August 13, 2024, the Chief Executive Officer, in accordance with County Policy No. 05-13, authorized SBCFPD to submit an amended grant application to the Windward for the Project. Via a letter dated August 16, 2024, SBCFPD was notified that the Windward Fund approved the amended grant application.
The performance period of this grant ends on September 9, 2026. SBCFPD is requesting a delegation of authority to execute documents related to the grant award, submittal of the periodic reports, and, if necessary, any non-substantive grant amendments and/or extensions to the grant award or performance timelines. This delegation of authority will allow SBCFPD to administer the grant in a cost-effective manner and allow SBCFPD to expedite any approvals of non-substantive grant amendments, and/or extensions to the grant award/performance timelines, subject to County Counsel review.
The Subgrant Agreement with Windward requires SBCFPD to release, indemnify, defend, and hold harmless Windward and its employees, agents, etc. from any claims, lawsuits, etc. arising out of or related to the negligent or wrongful acts or omissions of SBCFPD in connection with the grant or the Project, except to the extent resulting from the negligent or wrongful acts or omissions of Windward.
The agreement with Rain does not include all SBCFPD standard terms. The non-standard term includes the following:
1. The agreement does not require Rain to meet SBCFPD’s insurance standards as required pursuant to County Policy Numbers 11-05, 11-07 and 11-07SP.
• SBCFPD’s standard contract requires contractors to carry appropriate insurance at limits determined by the San Bernardino County Risk Management Department (Risk Management).
• Potential Impact: Because it is expected that Rain will be using a Blackhawk helicopter with pilots to perform the project, the Risk Management recommended that Rain maintain Aircraft Liability insurance in the amounts of $25 million per occurrence and $50 million in the aggregate. Rain is willing to provide Aircraft Liability insurance with the limits of $3 million per occurrence and $6 million in the aggregate as reflected in the agreement. The agreement will not require Rain to have the amounts of Aircraft Liability insurance that Risk Management recommends would protect SBCFPD in the event of a loss. As a result, SBCFPD will not be receiving the amounts of Aircraft Liability insurance recommended by Risk Management from Rain which could result in significant cost to SBCFPD.
SBCFPD is recommending that the Board approve the agreement, including non-standard terms, with Rain without Rain securing the amounts of Aircraft Liability insurance recommended by Risk Management because of the benefits this agreement will provide to SBCFPD, in the form of providing valuable information and training to SBCFPD staff on the detection, response, and containment of wildfires and providing fire protection services, outweigh the risks of the vendor not maintaining Risk Management recommended levels of Aircraft Liability Insurance.
PROCUREMENT
The agreement with Rain is a non-competitive procurement as SBCFPD staff contacted Rain about its willingness to perform a demonstration of the capability of autonomous aircraft to contain wildfires as SBCFPD wishes to gain valuable information and training to SBCFPD staff on the detection, response, and containment of wildfires and providing fire protection services and may wish to use advanced technology for the early detection of wildfires. Rain made SBCFPD aware of a grant program by Windward that could pay for this Project. Rain also provided input to SBCFPD on SBCFPD’s grant application, including the amended grant application, to Windward for grant funds associated with the Project. The Purchasing Department concurs with the non-competitive justification for this procurement.
REVIEW BY OTHERS
This item has been reviewed by County Counsel (Scott Runyan, Principal Assistant County Counsel, and Rick Luczak, Deputy County Counsel 387-5455) on August 16, 2024; Purchasing (Alberto Cazares, Lead Buyer, 387-3376) on August 16, 2024; Risk Management (Gregory Ustaszewski, Staff Analyst, 386-9008) on September 4, 2024; Finance (Ivan Ramirez, Administrative Analyst, 387-4020) on August 16, 2024; and County Finance and Administration (Valerie Clay, Deputy Executive Officer, 387-5423) on August 20, 2024.