Loading...
HomeMy WebLinkAbout10-Fire Department CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Larry R. Pitzer, Fire Chief Subject: Resolution authorizing the San Bernardino City Fire Department (SBCFD) to renew the cooperative agreement with the United States Department of Agriculture (USDA), San Bernardino National Forest relating to fire protection and rescue services within the mutual threat zone. ORlGiNAl Dept: Fire Date: May 2, 2003 MCIC Meeting Date: June 2, 2003 Synopsis of Previous Council Action: 03120100 Resolution No. 2000-60 approving a cooperative agreement between the SBCFD and the USDA, San Bernardino National Forest Service relating to fire protection and rescue services within the mutual threat zone. RECOMMENDATION: Adopt resolution. Signature Contact Person: Larry Pitzer, Fire Chief Phone: (909) 384-5286 Supporting data attached: Staff Report, Cooperative Agreement, Operating Plan, and Resolution Ward: Citywide FUNDING REQUIREMENTS: Amount: $0 Source: (Acc!. No) (Acc!. Description) Finance: Council Notes: ILlc~.il2 to3 -\ 0- u / a./lJ3_ . I Agenda Item No.-LtJ STAFF REPORT SUBJECT Resolution authorizing the San Bernardino City Fire Department (SBCFD) to renew the cooperative agreement with the United States Department of Agriculture (USDA), San Bernardino National Forest relating to fire protection and rescue services within the mutual threat zone. BACKGROUND On March 20, 2000, the Mayor and Common Council authorized the execution of a cooperative agreement between SBCFD and the USDA Forest Service, San Bernardino National Forest for fire protection and rescue services within the mutual threat zone. The cooperative agreement established the terms, provisions and conditions for providing mutual assistance in all risk incidents within the mutual threat zone. The mutual threat zone is an agreed upon area within the boundaries of the City of San Bernardino and the San Bernardino National Forest. The area is designated as such, based on the assumption that if an emergency incident, such as a fire, were to originate within either the city's boundary or the forest's boundary, it could have the potential to threaten the other's jurisdictional area of responsibility. This mutual threat zone calls for an immediate response from both the city and the forest service to mitigate the incident. SBCFD is requesting authorization to renew the cooperative agreement (Attachment A) with USDA, San Bernardino National Forest, to provide efficient use and coordination of fire service resources for incidents that are beyond the control of a local fire agency and to provide the quickest appropriate initial response regardless of jurisdictional boundaries. The cooperative agreement is not intended to address only emergency or disaster relief situations, but any situation in which the mutual aid assistance will benefit both parties. The term of this new cooperative agreement is for five years. The cooperative agreement allows for the joint response of both entities on all types of emergencies and is not limited to fire emergencies only. The agreement has repeatedly been proven effective in mobilizing fire defense forces sufficient to materially reduce losses. The cooperative agreement will be revised and updated every five years by both parties. FINANCIAL IMPACT Since the execution of cooperative agreement in 2000, there has been no cost to the city. Though highly improbable, there is language contained within the agreement that addresses the issue of payment but more specifically addresses the issue of an equal exchange of assistance to avoid year-end billing. RECOMMENDATION Adopt resolution. 1 fCj'F::\ rES) W RESOLUTIO~~ RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE SAN BERNARDINO CITY FIRE DEPARTMENT (SBCFD) TO RENEW THE COOPERATIVE AGREEEMENT WITH THE UNITED STATES DEPARTMENT OF AGRICULTURE (USDA), SAN BERNARDINO NATIONAL FOREST RELATING TO FIRE PROTECTION AND RESCUE SERVICES WITHIN THE MUTUAL THREAT ZONE. 2 3 4 5 6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 7 SECTION 1. That the USDA Forest Service, San Bernardino National Forest, hereinafter 8 9 called Forest Service and the San Bernardino City Fire Department (SBCFD) wish to enter into a 10 cooperative agreement; 11 SECTION 2. The Mayor or her designee is hereby authorized and directed to execute said 12 agreement, a copy which is attached as Attachment A and B respectively; 13 SECTION 3. Said cooperative agreement will be for each party providing to the other a 14 reasonable and reciprocal exchange of fire, rescue, and emergency medical services in the mutual 15 threat zone. Each party agrees to undertake this reciprocal exchange of services under the terms, 16 provisions, and conditions listed in Attachment A and B respectively, for the term of May 19, 2003 17 through May 19,2008. 18 SECTION 4. The authorization to execute the above referenced Agreement is rescinded if it 19 20 is not executed within sixty (60) days of the passage of this resolution. IIII 21 IIII 22 IIII 23 IIII 24 IIII 25 IIII 26 27 IIII IIII 28 1 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE SAN BERNARDINO CITY FIRE DEPARTMENT (SBCFD) TO RENEW THE COOPERATIVE AGREEEMENT WITH THE UNITED STATES DEPARTMENT OF AGRICULTURE (USDA), SAN BERNARDINO NATIONAL FOREST RELATING TO FIRE PROTECTION AND RESCUE SERVICES WITHIN THE MUTUAL THREAT ZONE. 2 3 4 5 6 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and 7 Common Council of the City of San Bernardino at a meeting thereof, held on the 8 day of , 2003, by the following vote, to wit: 9 10 Council Members: AYES NAYS ABSTAIN ABSENT 11 ESTRADA 12 LONGVILLE 13 McGINNIS 14 DERRY 15 SUAREZ 16 17 ANDERSON McCAMMACK 18 19 20 Rachel G. Clark, City Clerk The foregoing resolution is hereby approved this day of ,2003. 21 22 23 Judith Valles, Mayor City of San Bernardino 24 Approved as to form and legal content: 25 26 James F. Penman City Attorney 27 28 B;f~ 7 2 2 I'~ Attachment "A" COOPERA TIVE AGREEMENT Between THE SAN BERNARDINO 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 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 a map attached to the Joint Operating Plan, 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 land 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 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: 1. To respond Forest Service personnel, aircraft and equipment to the San Bernardino 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 Joint Operating Plan. Upon request, the Forest Service will assist the San Bernardino 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. 2. To reimburse the San Bernardino 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 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. Crash Rescue services will be reimbursed from beginning time of dispatch and submitted to the Forest Service for processing. 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 hour. 2 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 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 San Bernardino City Fire Department boundary where an incident could pose a threat to the City of San Bernardino as shown on the map attached to the Joint Operating Plan. Upon request, the San Bernardino City Fire Department will assist the Forest Service on incidents beyond the threat zone. The San Bernardino City 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) 883-5651, or direct down link between the two dispatch offices, of all wildland fires within the San Bernardino National Forest or fires or incidents in the San Bernardino City Fire Department jurisdiction that constitute a direct threat to National Forest lands as soon as such incidents 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 San Bernardino Fire Department will bill the Forest Service for reimbursement. No claims for the time will be submitted for less than one hour. 4. 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 San Bernardino City Fire Department after 3 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: 1. 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. 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. A) 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. B) 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, 4 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. 5. A Joint 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. 6. 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. 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 !Jy 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 used for staging areas and incident bases. Where feasible, the San Bernardino 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 Joint Operating Plan. 10. This Agreement will terminate upon 30-days written notice from either party and will be revised and updated every five (5) years by both parties. 5 DATE DATE BY Judith Valles, Mayor City of San Bernardino BY Gene Zimmerman Forest Supervisor San Bernardino National Forest 6 Attachment "B" OPERA TIONAL PLAN Between SAN BERNARDINO 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-hour Period: 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. San Bernardino City Fire Department shall dispatch, when available, two (2) engines or one (1) type I and one (I) type III engine, one (I) water tender, and one (I) chief officer. b. San Bernardino City Fire Department shall notify Forest Service as soon as possible. c. Upon arrival of San Bernardino City Fire Department resources, the Department personnel will take command if no Forest Service personnel are on scene. Jurisdictional responsibility will be determined and Forest Service will be notified of recommended resources to control the emergency. d. San Bernardino City Fire Department will not order additional resources without the approval of Forest Service, unless such additional resources are required for the express purpose of protecting Department Protection Area. e. Upon arrival of Forest Service personnel, the command of the emergency will be assumed by Forest Service 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. F. Department Protection Area a. Forest Service shall dispatch, when available, two (2) engines, one (I) water tender, and one (I) chief officer. b. Forest Service shall notify Department as soon as possible. c. Upon arrival of Forest Service resources, the Forest personnel will take command if no San Bernardino City Fire Department personnel are on scene. Jurisdictional responsibility will be determined and Department will be notified of recommended resources to control the emergency. d. Forest Service will not order additional resources without the approval of San Bernardino City Fire Department, unless such additional resources are 2 required for the express purpose of protecting Forest Service Protection Area. e. Upon arrival of San Bernardino City Fire Department personnel, the 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. G. Assistance for Hire Requests: During any stages of an emergency, Department and Forest may order "assistance for hire" resources. H. Authorized Inter-Agency Sharing of Communications System: The Forest and Department mutually agree to share their communication systems as much as technology will allow. I. Move-up Coverage: It is mutually agreed that when beneficial for the protection of public lands and/or San Bernardino City Fire 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. J. Limitation: Forest Service 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 San Bernardino City Fire Department Protection Area. And in conformance with existing laws and regulations, Department and the Forest may procure, loan, share, or exchange facilities, equipment, and support services. K. Special Areas in Forest: a. Wilderness, wilderness study areas and road-less areas - modified suppression action is required as follows: b. To use other resources e.g. (hand crews) in place of bulldozer units unless directed otherwise by Forest Service, 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. c. When using foam or retardant, a Forest Resource Advisor must be contacted for authorization. d. The use of mechanized equipment will be restricted to existing roads unless otherwise approved by Forest Service. e. Special Areas (State Parks, archaeological sites, rare and sensitive species, etc.) Contact Resource Manager prior to disturbing site. L. 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 San Bernardino 3 City Fire Department Protection Areas that escape initial attack and the fire either bums 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 M. 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. N. Fire Prevention and Enforcement a. Enforcement of Fire Laws San Bernardino City Fire Department and Forest Service Law Enforcement Officers will enforce applicable fire laws upon Private and Federal lands for which Department and Forest assume direct fire protection responsibility. b. Investigation Both Department and the Forest have the responsibility to investigate cause and origin of all fires that threaten to bum land regardless of the protection responsibility. 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. The agency m whose area the fire ongm occurs will normally assume the lead role during the investigation. When joint investigations can 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. 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. O. Burning Permits a. Permits for burning on San Bernardino City Fire Department Protection area as authorized by law, will be issued utilizing the appropriate form as authorized by each agency. 4 b. Forest officers will issue permits for type conversion or prescribed burning on Forest lands only. c. In reference to Item b 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. P. Permit Suspension a. 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. b. After establishing the area to be suspended, the County Fire Warden will notify the Forest Service through the Communications Center, of the effective time and area of suspension. c. 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 Service through Communications Center. Q. Red Flag Program Because weather factors that signal Red Flag conditions affect both San Bernardino City Fire Department and contiguous Forest simultaneously, it is presumed that all agencies will enact plan measures concurrently. R. Closure and Restrictions a. Forest Service will follow current operational procedures as outlined in their Emergency Restrictions and Closure Plan. b. Copies of any closures and lor restrictions will be furnished to the San Bernardino City Fire Department. S. Fire Information Procedures a. Prevention News releases regarding fire prevention activities common to both agencies will be coordinated. b. 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. 5 T. Other Incidents Non-fire related incidents would be managed as applicable within each agency's regulations and policies. U. General Procedures a. 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 Service will submit to the San Bernardino City Fire Department a proposed operation plan for approval biennial. b. 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. c. 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. V. 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 San Bernardino City Fire Department responsibilities after twelve (12) hours duration from the incident report time for resources as identified in the Operational Plan; b. When San Bernardino City Fire 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 San Bernardino City Fire Department. d. By submission of San Bernardino City Fire Department itemization of staffing costs, which clearly identifies individual employees, the rate(s) of pay, hours worked, and dates, the Forest 'Service will reimburse the Department for actual costs incurred pursuant to Section B of this Agreement. e. In addition, the Forest Service shall reimburse the San Bernardino City Fire Department for excess staffing costs incurred to meet the 6 Department's mmimum 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. W. Reimbursement to Forest Service Reimbursement for equipment and staffing costs of Forest Service shall occur when: a. On emergency incidents within the San Bernardino City Fire Department which clearly pose no threat to the Forest Service responsibilities after twelve (12) hours duration from the incident report time for those resources as identified in the Operational Plan b. When Forest Service equipment and staffing are specifically requested for Department assignments in excess of the initial attack resources as identified in the Operational Plan. 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 Forest Service. d. In addition, the San Bernardino City Fire Department shall reimburse the Forest Service 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. e. Those assignments of Forest Service equipment and staffing to incidents, which are the responsibility of the Forest Service, shall be without cost to the San Bernardino City Fire Department. f. When San Bernardino City Fire 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. g. Employees of the Forest Service 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. 7 h. The billing Agency shall submit the bill no later than one (1) year from the date of the incident. X. Personnel and Equipment Costs San Bernardino City Fire Department Personnel Costs (average cost) Base Rate Chief $ 67.93 $ 60.04 $ 55.40 $50.60 Deputy Chief Division Chief Battalion Chief Apparatus Cost (average cost) Engine Company Type I (Capt., Engr., PMIFF, FF) Engine Company Type III (Capt., Engr., PMIFF, FF) Water Tender (Engr., FF) Ladder Truck (Capt., Engr., & FF) Hazardous-Materials Vehicle (Capt., Engr., & PMIFF) Medium Rescue Vehicle (Capt., Engr., PMIFF & FF) Overtime Rate $ 75.90 Cost Per Hour $ 203.49 $ 203.49 $ 122.23 $ 168.56 $ 168.56 $ 203.49 Light PlantlBreathing Support Veh. (Capt.. Engr., PM/FF & FF) $ 203.49 Command Vehicle (Battalion Chief) $ 90.60 Billing: The Department shall bill the Forest Service 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 USDA Forest Service San Bernardino National Forest 8 909.382.2629 1824 S. Commercenter Circle San Bernardino, CA 92408-3430 For follow up information on payments and any checks for services rendered by the Forest Service 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 $33.721 hour $50.58 /hour Battalion Chief $29.111 hour $43.661 hour Fire Captain $27.82 1 hour $41.73 1 hour Fire Protection Captain $25.971 hour $38.961 hour Apparatus Cost (average cost) Type III Engine (Capt., Engineer, 3 Firefighters) $225/ hour Water Tender (1 Engineer) $70/ hour Type 11 Dozer, D6M Dozer (1 Operator, 1 Swamper. Dozer. Tender, Transport) $196/ hour Type I & 11 Hand Crew (1 Super, 2 Capts.. 2 Sqd Bs. 17 Firefighters) $586/ hour Type 11 HeliTack Crew (1 Super. 2 Capt., 2 Sqd Bs, 17 Firefighters) H-534 $586/ hour Type 11 Helicopter Hourly Rate (Helicopter 534) $1152/ hour Type III HeliTack Crew (1 Super, 2 Capt., 11 Firefighters) H-535 $495 / hour Type III Helicopter Hourly Rate (Helicopter 535) $619/ hour Billing: The Forest Service 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. 9 Larry Pitzer, Fire Chief San Bernardino City Fire Department Michael Dietrich, Chief USDA Forest Service San Bernardino National Forest 10 Date: Date: .. , CITY OF SAN BERNARDINO Interoffice Memorandum CITY CLERK'S OFFICE Records and Information Management (RIM) Program DATE: June 11,2003 TO: Larry R. Pitzer, Fire Chief FROM: Michelle Taylor, Senior Secretary RE: Transmitting Documents for Signature - Resolution 2003-112 At the Mayor and Common Council meeting of June 2, 2003, the City of San Bernardino adopted Resolution 2003-112 - Resolution authorizing the San Bernardino City Fire Department to renew the cooperative agreement with the United States Department of Agriculture (USDA), San Bernardino National Forest relating to fire protection and rescue services within the mutual threat zone. Attached is one (I) original agreement. Please obtain signatures in the appropriate location and return the original agreement to the City Clerk's Office as soon as possible, to my attention. Please retain a copy of the agreement for your files. Please be advised that the resolution and agreement will be null and void if not executed within 60 days, or by August 1, 2003, If you have any questions, please do not hesitate to contact me at ext. 3206. Thank you. Michelle Taylor Senior Secretary e above mentioned documents. Signed: ' b- '/1- () Please sign and return Date: , ,"" ." ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** RESOLUTION AGENDA ITEM TRACKING FORM Meeting Date (Date Adopted): (". ~ -O?> Item # Vote: Ayes i - 'l Nays Er \V Resolution # Abstain ~ Change to motion to amend original documents: 2c03-\ \2.- Absent .4-- Reso. # On Attachments: V Contract term: 5/0 't, 'lL) ~ J 1:)15 , Note on Resolution of Attachment stored separately: ~ Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY Date Sent to Mayor: <0 - 4-03 Date of Mayor's Signature: W .it "O-=<, Date ofClerk/CDC Signature: fL,..c,'O'-'" NullNoidAfter: (,,0 D~.s /''is' (-03 I By: - Reso. Log Updated: Seal Impressed: v"" ./ Date Memo/Letter Sent for Signature: 60 Day Reminder Letter Sent on 30th day: 90 Day Reminder Letter Sent on 45th day: See Attached/ Date Returned: f) .., '1-0~ See Attached: See Attached: <c.t \.03, Request for Council Action & Staff Report Attached: Updated Prior Resolutions (Other Than Below): Updated CITY Personnel Folders (6413, 6429, 6433, 10584, 10585, 12634): Updated CDC Personnel Folders (5557): Updated Traffic Folders (3985, 8234, 655, 92-389): Copies Distribu~o: City Attorney Parks & Rec. Code Compliance Dev. Services Public Services Water Police Notes: Yes ./' No By - Yes No v By Yes No -,.L- By Yes No---p"'-; By Yes N02 By_ EDA Finance Flee (,2) MIS Others: BEFORE FILING. REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term. etc.) Ready to File: _ Date: Revised 01/12/0 I