HomeMy WebLinkAboutContracts & Agreements_90-2003_CCv0001.pdf COOPERATIVE AGREEMENT
Between
THE REDLANDS CITY FIRE DEPARTMENT
And
THE USDA - FOREST SERVICE.,
SAN BERNARDINO NATIONAL FOREST
This Cooperative Agreement between the USDA Forest Service, San Bernardino
National Forest, hereinafter called the Forest Service, in accordance with the Act of
May 27, 1955, (42 USC 1856) and the Redlands City Fire Department.
WITNESSETH:
WHEREAS, the Redlands City Fire Department maintains and operates a fire protection
organization in the area outlined on a map attached to the Annual Operating Plan, and;
WHEREAS, the Redlands City Fire Department is responsible for the suppression of
fires, including wildland fires, fire prevention and education of the public as to the cause
of those fires, and is interested in assisting the Forest Service in the suppression of
wildland fires, and;
WHEREAS, the Forest Service maintains and operates a forest and watershed fire
organization for the purpose of providing protection to federal responsibility land which
are adjacent or proximate to the area protected by the Redlands City Fire Department
and;
WHEREAS, it is mutually beneficial for both parties to render cooperative assistance to
each other to combat the effects of all risk incidents, and;
WHEREAS, the parties hereto desire to cooperate with each other in an undertaking that
will accomplish the purpose of providing mutual assistance in all risk incident mitigation,
agree to undertake such mutual cooperation under the terms, provisions and conditions
hereinafter provided.
NOW, THEREFORE, it is hereby agreed as follows:
A. The Forest Service Agrees:
a. To respond Forest Service personnel, aircraft and equipment to the
Redlands City Fire Department and assist in the mitigation of all risk
incidents in those areas that are outside the Forest boundary where the
incident could be a threat to the San Bernardino National Forest, as
shown on the map attached to the Annual Operating Plan. Upon request,
the Forest Service will assist the Redlands City Fire Department on all
types of incidents beyond the threat zone. The Forest Service will not be
expected to deplete its own protection resources to the detriment of its
normal protection responsibilities.
b. To reimburse the Redlands City Fire Department for personnel and
equipment costs when actually ordered for all risk incidents, and under
the supervision of the Forest Service, after the first 12 hours.
Reimbursable costs will be based on actual Redlands City Fire
Department personnel labor rates including fringe benefits, and
negotiated equipment use rates, except as specifically excluded by
provision C.(b) of this Agreement. Crash Rescue services will be
reimbursed from beginning time of dispatch and submitted to the Forest
Service for processing.
c. To maintain accurate personnel time reports, aircraft and other equipment
use records to support reimbursement billing to Redlands City Fire
Department. No claim for personnel time will be submitted for less than
one hour.
d. The Forest Service will notify the Redlands City Fire Department through
Comm Center of all incidents originating within areas of mutual threat as
soon as incidents come to the attention of the Forest Service.
B. The Redlands City Fire Department Agrees:
a. To respond with City personnel and equipment on any all risk incidents in
the Forest Service area of responsibility and assist in the mitigation of
incidents in those areas that are outside of the Redlands City Fire
Department boundary where an incident could pose a threat to the City of
Redlands as shown on the map attached to the Annual Operating Plan.
Upon request, the Redlands City Fire Department will assist the Forest
Service on incidents beyond the threat zone. The Redlands City Fire
Department will not be expected to deplete its own protection resources
to the detriment of its normal protection responsibilities.
b. To notify the Forest Service Dispatcher in San Bernardino, telephone
number (909) 883-5651, or direct down link between the two dispatch
offices (Com Center and FICC), of all wildland fires within the San
Bernardino National Forest or fires or incidents in the Redlands City Fire
Department jurisdiction that constitute a direct threat to National Forest
lands as soon as such incidents come to the attention of the Redlands
City Fire Department.
c. To maintain accurate personnel time reports and records of equipment
mileage and/or hours. Upon review and certification by the Incident
Commander, the Redlands City Fire Department will bill the Forest
Service for reimbursement. No claims for the time will be submitted for
less than one hour.
d. To reimburse the Forest Service for personnel and equipment costs when
actually ordered for incident within the mutual threat zone and working
under the supervision of the Redlands City Fire Department after the first
12 hours. Reimbursement will be based on actual Forest Service
personnel labor rates including fringe benefits and Forest Service
equipment use rates, except as specifically excluded by provision C.2 of
this Agreement.
C. It is Mutually Agreed:
a. That in the event that the incident occurs along the borderline of one
agency's protection responsibility, under no circumstances should there
be a delay in attack pending determination of the precise location of the
incident. Unless it is clearly and mutually understood that one agency will
promptly attack and follow through on all necessary action, it shall be the
agreed policy that both agencies shall send forces promptly to start
mitigation action on borderline incidents. Subsequent assistance shall be
at the request of the responsible agency.
b. That no general and administrative costs or dispatching costs shall be
reimbursed by either agency to the other.
c. Any response made by either agency to assist the other, outside of the
agreed mutual dispatch area shall be at the request for "assistance by
hire" of the agency with jurisdictional responsibility.
d. The City agrees to defend, indemnify, and hold harmless the Forest
Service and its agents and employees from and against all claims,
damages, losses and expenses arising out of performance by the City of
the work herein detailed where such damages, losses, and expenses are
caused in whole or in part, by City's negligent set or omission, or that of
its agents and employees or that of anyone employed by them or for
whose acts the City may be liable.
e. The Forest Service agrees to defend, indemnify, and hold harmless the
City and its agents and employees from and against all claims, damages,
losses and expenses arising out of performance by Forest Service of the
work herein detailed where such damages, losses, or expenses are
caused, in whole or in part, by Forest Service's negligent act or omission,
or that of its agents and employees or that of anyone employed by them
or for whose acts the Forest Service maybe liable.
f. An Annual Operating Plan will be written, reviewed and updated annually.
This Operating Plan will outline maintenance responsibilities, rental rates,
payment procedures, space utilization liability, and any other pertinent
items.
g. Each agency will provide training opportunities for one another to
increase all risk incident mitigation and management so as to carry out
the terms of this agreement in a positive professional manner.
h. It shall be the responsibility of each agency to inform all responsible
persons within their organization of the contents of this Agreement.
i. Each agency will allow the use of command and tactical radio frequencies
that are administered by either agency to be used by all agencies
responding to an incident. Overall control of the frequencies will remain
with the responsible agency.
j. Non-Incident Ordering from Fire Cache It is mutually agreed that the
Department will continue its participation in the South Zone Fire Cache
program for non-incident or pre-suppression ordering. This ordering shall
be in accordance with the most current Forest Service Guidelines and
Category I Fire Cache Management Plan and Operating Procedures.
k. Each agency will provide to the fullest extent possible, facilities (such as
parks) to be used for staging areas and incident bases. Where feasible,
the Redlands City Fire Department will secure an agreement with local
government agencies for the use of such facilities. The names, uses of,
locations and carrying capacity of all such facilities will be attached to the
Annual Operating Plan.
This Agreement will terminate upon 30-days written notice from either party and will
be revised and updated every five years by both parties.
DATE May 20, 2003 BY
Karl N. Haws, Mayor
Authorized Representative
City of Redlands
Attest: Ale/
Beatrice Sarf.,Iiez, Deputy Citoqr -Cle-r!
DATE , BY
L.01 Y
Forest S ervisor
San B rnardino Natio,01 Forest
ANNUAL OPERATIONAL PLAN
Between
REDLANDS CITY FIRE DEPARTMENT
and
USDA FOREST SERVICE,
SAN BERNARDINO NATIONAL FOREST
A. Purpose of Operation Plan The purpose of the local operating plan is to
identify both Forest and Department operating responsibilities and how they are
exercised.
B. Definitions and Descriptions
a. Protecting Agency: Agency responsible for direct primary fire
protection.
b. Sending Agency: Agency without primary responsibility for suppression
action. The agency furnishing assistance or support to the protection
agency.
c. Protection Areas: Those areas upon which one of the agencies has
direct primary responsibility for fire protection. This responsibility is
defined by law and /or ownership.
d. Initial Action Zones: Through mutual agreement, available initial attack
forces from the agency not having primary responsibility will be
immediately dispatched into these zones. These zones may be adjusted
at any time by mutual agreement with the primary agency notifying the
operating agency of the adjustment.
e. The 12-hourPeriod: When the "sending agency" is able to provide
resources into the Initial Action Zones (IAZ), the first 12-hour period,
beginning with the first report of the emergency to the protecting agency,
will be free reimbursement if resources are not classified as "Assistance-
for-Hire" only in a later section. This period will apply to the IAZ on either
side of the Pay Protection Boundary.
f. Natural Resource Advisory: To comply with EPA regulations and
insure natural resources protection, either agency may designate a
representative to act as advisors to the Incident Commanders.
g. Special Areas: Those areas that require modified suppression action by
the protection agency due to specific management objective, direction or
legislative areas of critical environmental concern, habitat management
areas, wilderness and wilderness study areas).
C. Emergency Suppression Objectives
Emergency suppression objectives vary slightly between Forest and the
Department. It is therefore important that each agency's policies, objectives, and
practices be understood and respected in the implementation of this plan.
Whenever possible, emergencies in the IAZ shall be managed under a unified
command with single ordering point.
D. Dispatching and Attack Procedures
Each agency, upon notification of an emergency on the other agencies'
jurisdiction shall notify that agency of the emergency as soon as possible.
E. Forest Protection Area
a. Department shall dispatch two (2) engines, one (1) water tender, and one
(1) chief officer,
b. Department shall notify Forest as soon as possible.
c. Upon arrival of Department resources, the Department personnel will take
command if on Forest personnel are on scene. Jurisdictional
responsibility will be determined and Forest will be notified of
recommended resources to control the emergency.
d. Department will not order additional resources without the approval of
Forest, unless such additional resources are required for the express
purpose of protecting Department Protection Area.
e. Upon arrival of Forest personnel, command of the emergency will be
assumed by Forest personnel, unless otherwise agreed.
f. In all cases in the above plan, every attempt shall be made to release
assisting agency resources as soon as possible.
D. Department Protection Area
a. Forest shall dispatch two (2) engines, one (1) water tender, and one (1)
chief officer.
b. Forest shall notify Department as soon as possible.
c. Upon arrival of Forest resources, the Forest personnel will take command
if no Department personnel are on scene. Jurisdictional responsibility will
be determined and Department will be notified of recommended
resources to control the emergency.
d. Forest will not order additional resources without the approval of
Department, unless such additional resources are required for the
express purpose of protecting Forest Protection Area.
e. Upon arrival of Department personnel, command of the emergency will be
assumed by Department personnel, unless otherwise agreed.
f. In all cases in the above plan, every attempt shall be made to release
assisting agency resource as soon as possible.
F. Assistance for Hire Requests: During any stages of an emergency,
Department and Forest may order"assistance for hire" resources.
G. Authorized Inter-Agency Sharing of Communications System: The Forest
and Department mutually agree to share their communication systems.
K Move-up Coverage: It is mutually agreed that when beneficial for the protection
of public lands and /or Department Protection Area each agency may request
move up and cover of each other's facilities while jointly working an incident
within the Initial Action Zone.
I. Limitation: Forest will not assume responsibility for the suppression of structure
fires or medical aids. It is mutually agreed that, when beneficial for the
protection of public lands and /or Department Protection Area. And in
conformance with existing laws and regulations, a Department and the Forest
may procure, loan, share, or exchange facilities, equipment, and support
services.
J. Special Areas in Forest: Wilderness, wilderness study areas and road less
areas — modified suppression action is required as follows:
a. To use other resources e.g. (hand crews) in place of bulldozer units
unless directed otherwise by Forest, considering threats to life and
property, resource capabilities, fire conditions, availability of resources
and the long range, effect of mechanized equipment usage upon the
vegetation and soil.
b. When using foam or retardant, a Forest Resource Advisor must be
contacted for authorization.
c. The use of mechanized equipment will be restricted to existing roads
unless otherwise approved by Forest.
d. Special Areas (State Parks, archaeological sites, rare and sensitive
species, etc.) Contact Resource Manager prior to disturbing site.
K. Wild Fire Situation Analysis: All fires in Forest Protection Areas that extend
past initial attack will have a Wild Fire Situation Analysis completed by the
responsible Forest Line Officer and Incident Commander in charge of the
incident and approved by the responsible Forest Line Officer. All fires in
Department Protection Areas that escape initial attack and the fire either burns
on Forest land or the suppression action will occur on Forest land a Wild Fire
Situation Analysis will be completed by the Forest Line Officer charged with
management of the Forest land and the Incident Commander in charge of the
incident and approved by the responsible Forest Line Officer
K. Emergency Replacement: In the event equipment is lost, damaged, or still
committed to the incident, Department / Forest personnel should attempt to
replace items from the base/camp supply prior to being released from the
incident. If the items are not available, the agency representatives must get
written documentation from the Logistics Chief or Incident Commander
authorizing the replacement of items through normal supply channels.
L. Fire Prevention and Enforcement
1. Enforcement of Fire Laws. Department and Forest Law Enforcement
Officers will enforce applicable fire laws upon Private and Federal lands
for which Department and Forest assume direct fire protection
responsibility.
2. Investigation
i. Both Department and the Forest have the responsibility to
investigate cause and origin of all fires that threaten to burn land
regardless of the protection responsibility.
ii. To avoid duplication of efforts and confusion, the agency in whose
area the fire occurs will normally conduct the investigation. Where
both agencies have a responsibility to investigate the same
incident, joint investigations with a representative from each
agency are encouraged.
iii. The agency in whose area the fire origin occurs will normally
assume the lead role during the investigation. When joint
investigations con not be conducted, and both agencies have
investigation responsibilities, upon proper request, the
investigating officer will provide a written incident report to the
other agency.
iv. Although both agencies have certain law enforcement
responsibilities and fully understand the need to start
investigations as quickly as possible, we must above all respect
each other's responsibilities within the protection areas, One
agency will enter the other agency's protection area to conduct fire
investigations only when requested to do so by the responsible
agency or after approval to do so has been obtained from a
responsible official of the protection agency.
3. Burning Permits
i. Permits for burning on Department Protection area as authorized
by law, will be issued utilizing the appropriate form as authorized
by each agency.
ii. Forest officers will issue permits for type conversion or prescribed
burning on Forest lands only.
iii. In reference to Item 2 above, prior to the consummation of the
burn, the Agency responsible for issuing the permit will notify the
other Agency's Communication Center of the planned project. In
the vicinity of the Initial Attack Zone when there is a threat of
wildland fires, each agency dispatch center will inform the other of
known active permits to include location, addressee and
anticipated duration. Regardless of the time of year, all permits
issued in accordance with the preceding paragraph shall be
reported to the other agency.
4. Permit Suspension
i. The suspension of burning permits is regulated by County
ordinance and will be coordinated by the County Fire Warden's
request for burning permit suspensions shall be made to the
County Fire Warden.
ii. After establishing the area to be suspended, the County Fire
Warden will notify the Forest through the Communications Center,
of the effective time and area of suspension.
Ill. Cancellation of burning permit suspensions will be accomplished
by the same procedure. Request for burning permit suspensions
by County Fire Warden will be coordinated with Forest through
Communications Center.
5. Red Flag Program
i. Because weather factors that signal Red Flag conditions affect
both Department and contiguous Forest simultaneously, it is
presumed that all agencies will enact plan measures concurrently.
6. Closure and Restrictions
L Forest will follow current operational procedures as outlined in
their Emergency Restrictions and Closure Plan.
ii. Copies of any closures and /or restrictions will be famished to the
Department.
7. Fire Information Procedures
i. Prevention News releases regarding fire prevention activities
common to both agencies will be coordinated.
ii. Suppression On incident involving both agencies, the protecting
agency will assume the lead role in coordinating and
dissemination of public information. The assisting agency will
become involved as necessary. On incidents of joint suppression
coordination, the Incident Commander will designate the lead Fire
Information Officer to coordinate and disseminate information to
the public. Each agency will become involved as necessary.
T. Other Incidents Non-fire related incidents would be managed as applicable within
each agency's regulations and policies.
General Procedures
U. Updating of this Plan: The plan will be good for two-year intervals unless changes
are needed. On a yearly basis, prior to May 15, both agencies will review the plan
and express to the other agency that there are no changes. Biennially the Forest will
submit to the Department a proposed operation plan for approval biennially.
V. Augmentation Funds: If, during the life of an operating plan, one agency has a
change of funding (drought conditions, budget cuts, etc.) and amended operating
plan shall be jointly approved providing any changes that occur during the Year:
Either agency will submit in writing to the other agency any changes to the existing
operating plan during the life of such plan as necessary.
W. Rate Schedule: Personnel hourly rates will be subject to comply with the rates as
established by the current fiscal year Compensation Package for personnel. Rates
for equipment will also be subject to comply with the rates as established for the
current fiscal year. All parties herein, will mutually agree upon any changes in rates
that would affect this Cooperative Agreement, and rate changes shall be cause for
re-evaluation of this Agreement and Operation Plan.
X. Reimbursement to Department: Reimbursement for equipment and staffing costs
of Department shall occur when:
a. Wildland fires within the Forest, which clearly pose no threat to the
Department responsibilities after twelve (12) hours duration from the incident
report time for resources as identified in the Operational Plan;
b. When Department equipment and staffing are specifically requested for
Forest Service assignments in excess of the initial attack resources as
identified in the Operational Plan, or for off Forest assignments.
c. Reimbursement of costs shall begin at the time of initial dispatch and shall
conclude when the equipment and staffing have returned to the control of the
Department.
d. By submission of Department itemization of staffing costs, which clearly
identifies individual employees, the rate(s) of pay, hours worked, and dates,
the Forest will reimburse the Department for actual costs incurred pursuant to
Section B of this Agreement.
e. In addition, the Forest shall reimburse the Department for excess staffing
costs incurred to meet the Department's minimum manning standards, when
these costs increase because of commitments of staffing to the Forest.
f. Reimbursement shall be limited to the cost of staffing that is in excess of the
cost that would have been incurred had no assistance been provided to the
Forest, at Assistance-for-Hire rates as identified and updated annually in the
Operational Plan.
Y. Reimbursement to Forest(s)
a. Reimbursement for equipment and staffing costs of Forest shall occur when:
b. On emergency incidents within the Department which clearly pose no threat
to the Forest responsibilities after twelve (12) hours duration from the incident
report time for those resources as identified in the Operational Plan
c. When Forest equipment and staffing are specifically requested for
Department assignments in excess of the initial attack resources as identified
in the Operational Plan.
d. Reimbursement of costs shall begin at the time of initial dispatch and shall
conclude when the equipment and staffing have returned to the control of the
Forest Service.
e. In addition, the Department shall reimburse the Forest for excess staffing
costs incurred to meet the Forest's minimum manning standards, when these
costs increase because of commitments of staffing to the Department.
Reimbursement shall be limited to the cost of staffing that is in excess of the
cost that would have been incurred had no assistance been provided to the
Department, at Assistance-for-Hire rates as identified and updated annually
in the Operational Plan.
f. Those assignments of Forest equipment and staffing to incidents, which are
the responsibility of the Forest, shall be without cost to the Department.
g. When Department staffing are suppressing wildland fires on lands for which
the Forest Service is responsible and at such time when they are specifically
assigned to the direct supervision of the Forest, such Department staffing are
not federal employees for the purpose of the Federal Employees
Compensation Act and the Federal Tort Claims Act in consequence of the
performance under this Agreement.
h. Employees of the Forest shall at all times be subject only to the laws,
regulations and rules governing their employment, regardless of incident
location, and shall not be entitled to compensation or other benefits of any
kind other than specifically provided by the terms of their employment.
i. The billing Agency shall submit the bill no later than one (1) year from the
date of the incident.
Z. Personnel and Equipment Costs
Redlands City Fire Department Personnel Costs (average cost per hour)
Position Overtime Rate Position Overtime Rate
Chief $ 96.96 Engineer $ 32.13
Deputy Chief $ 83.00 Firefighter/Paramedic $ 30.34
Battalion Chief $48.94 Firefighter $ 27.87
Captain $ 38.29 Mechanic $ 32.13
Apparatus Cost(average cost per day)
Equipment Rate Equipment Rate
Engine Company $ 35.00 Squad $ 20.00
Brush Company $ 30.00 Truck Company $ 30.00
Water Tender $ 25.00 Haz Mat Squad $ 20.00
Billing: The Department shall bill the Forest for service rendered as per the terms of
this Agreement and Plan as referenced in Section B. The invoice for payment shall
include: The Incident Name, location, incident number, "P" number, and be supported
by adequate documentation, including any applicable cost-share agreements.
Statements shall be sent to the appropriate Forest Service Office as indicated on the
incident report. Addresses are listed below:
Submit to: Michael Dietrich, Chief 909.382.2629
USDA Forest Service
San Bernardino National Forest
1824 S. Commercenter Circle
San Bernardino, CA 92408-3430
For follow up information on payments and any checks for services rendered by the
Forest should be mailed to:
Don Hofstad 626.821.6775
USDA Forest Service
701 N. Santa Anita Ave.
Arcadia, CA 91006
USFS/San Bernardino National Forest
Personnel Cost (average cost)
Base Rate Overtime Rate
Division Chief $33.72 / hour $50.58/hour
Battalion Chief $29.11 / hour $43.66/ hour
Fire Captain $27.82 / hour $41.73/ hour
Fire Protection Captain $25.97 / hour $38.96/ hour
Apparatus Cost (average cost)
Type III Engine(Capt, Engineer,3 Firefighters) $225/hour
Water Tender (i Engineer) $70/hour
Type 11 Dozer, D6M Dozer(i Operator, I Swamper, Dozer. Tender, Transport) $196/hour
Type I & 11 Hand Crew o super, 2 Capts.,2 Sqd Bs. 17 Firefighters) $586/hour
Type I I HeliTack Crew (I Super, 2 Capt., 2 Sqd Bs, 17 Firefighters)H-534 $586 / hour
Type 11 Helicopter Hourly Rate (Helicopter 534) $11521 hour
Type 111 HeliTack Crew (I Super,2 Capt,, 11 Firefighters)H-535 $495/hour
Type III Helicopter Hourly Rate (Helicopter535) $619/ hour
Billing: The Forest shall bill the Department for services rendered as per the terms of
the Agreement and Plan as referenced in Section C. The invoice for payment shall
include: The Incident Name, Location, Incident Number, "P" number, and be supported
by adequate documentation, including any applicable cost-share agreements.
Karl N. Haws, Mayor Date: May 20, 2003
City of Redlands
Attest:
Beatrice Sancxez, Deputy ity Clerk
Michael Dietrich, Chief Date:
USDA Forest Service
San Bernardino National Forest