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HomeMy WebLinkAbout1995-249 1 2 3 4 5 6 95-249 RESOLUTION NO. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE RATIFICATION OF A COOPERATIVE AGREEMENT BETWEEN THE SAN BERNARDINO CITY FIRE DEPARTMENT AND THE U,S.D.A. FOREST SERVICE, SAN BERNARDINO NATIONAL FOREST, RELATING TO FIRE PROTECTION SERVICES. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor is hereby authorized and directed to 7 execute, on behalf of said City, a Cooperative Agreement between 8 the San Bernardino City Fire Department and the U.S.D,A. Forest 9 Service, San Bernardino National Forest, relating to fire pro- 10 tection services a copy of which is attached hereto, marked 11 12 13 14 15 16 17 Exhibit A and incorporated herein by reference as though set forth at length, is hereby ratified, SECTION 2. The authorization to execute the above- referenced Agreement is rescinded if the parties to the Agreement fail to execute it within sixty (60) days of the passage of this Resolution. I HEREBY CERTIFY that the foregoing Resolution was duly 18 adopted by the Mayor and Common Council of the City of 19 San Bernardino at a n adiourned reoularmeeting thereof, held on the 20 21 22 23 24 25 26 27 28 24th day of July , 1995, by the following vote, to-wit: Council Members: ABSTAIN ABSENT AYES NAYS x NEGRETE x CURLIN x HERNANDEZ x OBERHELMAN x DEVLIN / / / / / / DCR/ao[Forest.ResJ 1 July 13, 1995 '/f 'I 1 2 3 4 5 6 7 8 9 10 11 of RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE RATIFICATION OF A COOPERATIVE AGREEMENT BETWEEN THE SAN BERNARDINO CITY FIRE DEPARTMENT AND THE U.S.D.A, FOREST SERVICE, SAN BERNARDINO NATIONAL FOREST, RELATING TO FIRE PROTECTION SERVICES. x POPE-LUDLAM x MILLER (~ (o.L I .L:: "'-C1v-L ~La-rr0 Ciby Clerk The foregoing Resolution is hereby approved this ,~7AL day July , 1995. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ~'11~ T Minor, Mayor City of San Bernardino Approved as to form and legal content: JAMES F. PENMAN, City Attorney ,'\ t /1 I ,j BY'~4'~ i""~ / DCR/ao[Forest.Res] 2 July 13, 1995 95-249 Original COOPERATIVE AGREEMENT Between THE SAN BERNARDINO CITY FIRE DEPARTMENT and THE USDA FOREST SERVICE, SAN BERNARDINO NATIONAL FOREST This Cooperative Agreement by, and 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 San Bernardino City Fire Department, WITNESSETH: WHEREAS, the San Bernardino City Fire Department maintains and operates a fire protection organization in the area outlined on the attached map, and; WHEREAS, the San Bernardino 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 lands which are adjacent or proximate to the area protected by the San Bernardino City Fire Department and; WHEREAS, it is mutually beneficial for both parties to render cooperative assistance to each other to combat the effect of fires, and; WHEREAS, the parties hereto desire to cooperate with each other in an undertaking that will accomplish the dual purpose of providing mutual assistance in wildland fire suppression and fire prevention and to aid the public in the prevention of future fires, agree to undertake such mutual cooperation under the terms, provisions and conditions hereinafter provided. NOW, THEREFORE, it is hereby agreed as follows: A. The Fores t Service Agrees: 1. To respond Forest Service personnel, aircraft and equipment to the San Bernardino City Fire Department and assist in the suppression of incidents in those areas that are outside the forest boundary where a wildfire could be a threat to the San Bernardino National Forest, as shown on the attached map. Upon request, the Forest Service will assist "by hire" the San Bernardino City Fire Department on wildland fire incidents beyond the mutual dispatch area, The Forest Service will not be expected to deplete its own protection resources to the detriment of its normal protection responsibilities. S.B. City Fire Dept. & USDA Forest Service, S,B. National Forest Cooperative Agreement - Page 1 rJ-- , ./1 2. To reimburse San Bernardino City Fire Department for personnel and equipment costs when ordered on an "assistance by hirett basis for wildland fire suppression and under the supervision of the Forest Service, after the first twelve (12) hours or outside of the mutual dispatch area, Reimbursable costs will be based on actual San Bernardino City Fire Department personnel labor rates including fringe benefits, and negotiated equipment use rates, except as specifically excluded by provision C.2 of this Agreement. 3. To maintain accurate personnel time reports, aircraft and other equipment use records to support reimbursement billing to San Bernardino City Fire Department. No claim for personnel time will be submitted for less than one (1) hour, 4. The Forest Service will notify the San Bernardino City Fire Department of all incidents originating within areas of mutual threat as soon as incidents come to the attention of the Forest Service, B. The San Bernardino City Fire Department agrees: 1, To respond with City personnel and equipment on any wildland fire in the Forest Service area of responsibility and assist in the suppression of incidents in those areas that are outside of the San Bernardino City Fire Department boundary where wildfire could pose a threat to the City of San Bernardino as shown on the attached map. Upon request, the San Bernardino City Fire Department will assist "by hire" the Forest Service on wildland fire incidents beyond the mutual dispatch area. The San Bernardino Fire Department will not be expected to deplete its own protection resources to the detriment of its normal protection responsibilities. 2. To notify the Forest Service Dispatcher in San Bernardino, telephone number (909) 383-5651, of all wildland fires within the San Bernardino National Forest or fires in the San Bernardino City Fire Department jurisdiction that constitute a direct threat to National Forest lands as soon as such fires come to the attention of the San Bernardino City Fire Department. 3. To maintain accurate personnel time reports and records of equipment mileage and/or hours. Upon review and certification by the Incident Commander, the Fire Department will bill the Forest Service for reimbursement. No claim for time will be submitted for less that one (1) hour. 4. To reimburse the Forest Service for personnel and equipment costs when ordered on an "assistance by hire" basis for wildland fire suppression and working under the supervision of the San Bernardino City Fire Department after the first twelve (12) hours or outside of the mutual dispatch area. 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. S.B, City Fire Dept. & USDA Forest Service, S.B. National Forest Cooperative Agreement - Page 2 /7,' '..1/'.", C. It is Mutually agreed: 1. That in the event an 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 suppression action on borderline incidents. Subsequent assistance shall be at the request of the responsible agency. 2. That no general and administrative costs or dispatching costs shall be reimbursed by either agency to the other. 3. Any response made by either agency to assist the other outside of the agreed mutual dispatch area, shall be at the request of the agency with jurisdictional responsibility. 4. Both parties hereby expressly waive all claims against each other for compensation for any personal injury or death and loss or damage of equipment, occurring in consequence of the performance of this agreement, 5, An Operating Plan will be written, reviewed and updated annually. This Operating Plan will outline maintenance responsibilities, rental rates, if any, payment procedures, space utilization liability and any other pertinent items. 6. Each agency will provide training opportunities for one another to increase fire suppression capabilities on wildland fires so as to carry out the terms of this agreement in a positive professional manner. 7. It shall be the responsibility of each agency to inform all responsible persons within their organization of the contents of this Agreement. 8, 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, 9. Each agency will provide, to the fullest extent possible, facilities (such as parks) to be utilized for staging areas and incident bases. Where feasible, the San Bernardino City Fire Department will secure agreements with local government agencies for the use of such facilities. The names, uses of, locations, and carrying capacity of all such facilities will be an amendment to this agreement. 10. This Agreement will terminate upon 30-days written notice from either party and will be reviewed and updated annually by both parties. S.B. City Fire Dept, & USDA Forest Service, S.B, National Forest Cooperative Agreement - Page 3 r; ,~ / .',.... " IN WITNESS WHEREOF, the parties hereto have execueted this agreement on the date herinafter written. DATE ~ T//l-1S CITY OF SAN BERNARDINO r;= ~ ' BY t!3'n{ dI~ AUTHORIZED REF E ENTATIV~ TOM MINOR, MAYOR DATE 6/7 /f's UNITED STATES FOREST SERVICE BY ~ u/~ FOREST SUPERVISOR SAN BERNARDINO NATIONAL FOREST Approved as to form and legal content: JAMES F, PENMAN, City Attorney By: L f<if~ /J J' S.B. City Fire Dept. & USDA Forest Service, S.B. National Forest Cooperative Agreement - Page 4 ?f/; -~" '} OPERATING PLAN Between THE SAN BERNARDINO CITY FIRE DEPARTMENT and THE USDA FDREST SERVICE, SAN BERNARDINO NATIONAL FOREST As directed by our Cooperative Agreement, the following Operating Plan has been developed and agreed to by both agencies. PERSONNEL AND EQUIPMENT COSTS USFS BASE OVERTIME Model 61, Type III Engine Company (5 Firefighters) $60.00 P/HR $25.00 P/HR Chief Officer Hot Shot Crew (20 Personnel) $240.00 P/HR SAN BERNARDINO CITY FIRE Type I Engine Company (3 Personnel) (4 Personnel) $51.36 P/HR $69.93 P/HR Water Tender (3 Personnel) $51.31 P/HR $24,46 P/HR Chief Officer COMMUNICATIONS $90.00 P/HR $37.50 P/HR $360.00 P/HR $76.97 P /HR $104,90 P/HR $76.97 P/HR $24.46 P/HR Upon arrival at scene of an incident, the first Chief Officer will establish an Incident Command Post and notify the other agency of its location, A tactical frequency will be assigned, based on jurisdiction for all responding units to use, The USFS has provided eight (8) King progammable portable radios to the San Bernardino City Fire Department to facilitate this critical communication link. -l- 1)'- - ' '.--/ {I I - / ;' USFS TACTICAL FREQUENCIES S.B. CITY TACTICAL FREQUENCIES TAC 1 - 168,200 TAC 2 - 168.050 TAC 1 - RED 154,325 TAC 2 - FISCAL ARRANGEMENTS It is agreed that no billing will occur immediately after each incident, but that an annual balancing of charges against each agency will be made. This annual balancing will occur at the end of the calendar year, At the end of the year a comparison of charges from each agency to the other will be calculated and offset costs zeroed out. Any costs not offset will then be paid by the responsible agency, It is the intent of this arrangement to work towards an equal exchange of assistance to avoid year end billing. This comparison of charges will be reviewed during the year, -2- CITY' OF SAN BERNARDINO III DISTRICT 1 . DISTR1CT 6 . DISTRICT 2 . D1STRICT 7 II DlSTR1CT 3 . DlSTRICT 8 . DlSTR1CT 4 . DlSTRICT 9 JOiNT - RESPONSE PARAMEDIC - RESPONSE S.B. INT. AIRPORT DISTRICT 5 : 1 DISTRICT 10 k" 'I H1GHLt',ND CITY - DISTRICT 11 /~fi '\ ~ l: '~" ~--,-- " .. " / \ l "v :1 }'.....'" 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