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HomeMy WebLinkAbout24-Fire Department C!TY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION . From: Richard McGreevy Subject: Prescbribed Burning proj ect Agreement ORIGINAL Dept: Fire Date: April 16, 1997 Synopsis of Previous Council action: None ,:\DM L"J. Ot'i<' lC~ 1", ~..".., ""7 'q. . J :;:.. j-!,fG'1 ~ I Recommended motion: That the Mayor and Common Council adopt the Resolution of the City of San Bernardino adopting a standard agreement to be used for gaining the permission of parcel owners to enter their property for the purposes of conducting training and/or prescribed vegetation management burns. ~~ A-c-~.l'Jf . Signatur Contact person: Richard McGreevy Phone: 384-5115 Supporting data attached: Resolution & Agreement Ward: ALl FUNDING REQUIREMENTS: Amount: o Source: (Acct. No.) n/ a (Acct. DescriPtion) n/ a Finance: Council Notes: Res 97- 1/9 5/197 Agenda I tem No. . J.j 75-0262 I CITY.OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT BACKGROUND For the past four years, the City of San Bernardino Fire Department has conducted training/vegetation management program burns on Little Mountain. In so doing, the Department achieved its three goals of 1) providing wildland fire training to its suppression forces, 2) promoting interagency training with the US Forest Service and California Department of Forestry and 3) reducing the threat of wildland/urban interface fire. Prior to conducting these past burns, the Department routinely sent a letter to each of the private property owners within the burn areas asking their permission to burn on their property and stipulating that the City will accept responsibility for any liability arising out of the burn project. The wording of the letter had been approved by the City Attorney's Office. Recently, the Fire Department sent the City Attorney's office correspondence regarding agreements with property owners in the Federal Emergency Management Agency grant proj ect area in the City's foothills. In its reply, the Attorney's Office noted that the Common Council needed to approve agreements that obligate the City in the event personal injury or property damage results from a project. PROPOSED STANDARD AGREEMENT Since the Fire Department will be routinely conducting several training/vegetation management program burns each year, the Department proposes that the attached Prescribed Burning Project Agreement be used to gain property owners permission to burn on their property and release them of liability for the burn. The Agreement stipulates that it will terminate upon satisfactory completion of the prescribed burning project, but in no event will the term of the Agreement exceed one year. Hence, the Fire Department will, prior to its annual prescribed burn season, resubmit the Agreement for Common Council review and approval. 75-0264 . STAFF RECOMMENDATION That the Mayor and Common Council adopt the Attached Resolution which adopts the Exhibit "A" Prescribed Burning Project Agreement. ATTACHED: Resolution and Exhibit "A" - Prescribed Burning Project Agreement e PRESCRIBED BURNING PROJECT AGREEMENT THIS AGREEMENT made and entered into this day of _19_by and between the City of San Bernardino through its Fire Chief, hereinafter called CITY, and _hereinafter called "COOPERATOR", is intended to provide for site preparation, prescribed burning, and necessary follow-up activities of an area owned or controlled by COOPERATOR. WHEREAS COOPERATOR certifies that helshelthey own or control a proposed prescribed bum area delineated on a map incorporated within the Prescribed Burn Plan for this Project and that this burn area is within the City of San Bernardino and County of San Bernardino upon Assessor's parcel numbers and; WHEREAS CITY has determined that the anticipated public benefit from the proposed project will exceed the foreseeable damage in that the City of San Bernardino has historically suffered the loss of lives, homes, and property due to wildland fires spreading into its northern wildland-urban interface and current conditions including vegetation growth, climate and topography combine to make the potential for another local-area wildland fire extremely high. e NOW THEREFORE, it is mutually agreed: 1. COOPERATOR hereby authorizes the CITY and assisting agencies (California Department of Forestry and United States Forest Service) to conduct controlled bums on the above-referenced property as part of the Prescribed Bum Project. 2. The term of this Agreement shall commence on the above date and will terminate upon satisfactory completion of the prescribed burning project, but in no event will the term of this Agreement exceed one year. 3. The CITY agrees to indemnity and hold harmless the COOPERATOR against liability for damages arising out of the performance of this Agreement, but excluding such liability for damages to persons or property arising from the negligence or willful misconduct of the owner(s) of the subject property, and/or the officers, agents, and employees of such owner(s), provided the COOPERATOR provides CITY notice of any claim or inquiry arising as a result of activities of this Agreement within ten (10) days of receipt of such claim or inquiry. 4. This Agreement and the Prescribed Bum Plan represent the entire contract between CITY and COOPERATOR. The Project described within the Prescribed Bum Plan may incorporate several independent agreements with cooperators or agencies. This Agreement may be amended at any time by mutual consent in writing. It may be canceled by either party after giving thirty (30) days advance notice. In the event e > e e e COOPERATOR unilaterally tenninates this Agreement, COOPERATOR shall be responsible for all planning and site preparation costs incurred by CITY prior to tennination. 5. All notices herein required shall be made to the parties as follows: As to CITY: Chief Larry R. Pitzer CITY OF SAN BERNARDINO FIRE DEPARTMENT 200 East 3rd Street San Bernardino, CA 92410 (909) 384-5286 As to Cooperator IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto, upon the date first above written. CITY OF SAN BERNARDINO FIRE DEPARTMENT By: Dated: COOPERATOR By: Dated: