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HomeMy WebLinkAbout21- Fire f Alm , s CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION From: Larry Pitzer, Fire Chief Subject: Resolution approving a cooperative agreement between the City Dept: Fire of San Bernardino Fire Department and the USDA Forest Service, San Date: February 8, 2000 Bernardino, National Forest, relating to Rj ! fire protection and rescue services UN AL within the mutual threat zone. Synopsis of Previous Council Action: Approved by Mayor and Council in 1972. Recommended Motion: Adopt Resolution. Signature Contact person: i arry P t7Pr, F rP ( h Pf Phone: 384-5286 Supporting data attached: Staff Report oop .ra ive Ward: 4th & 5th Agreement, Joint Operatina Plan, Resolution FUNDING REQUIREMENTS: Amount: Source: (Acct. No.) (Arrt nncrrintinn) Finance: Council Notes: ,Qedi'ywa�c�c l D3 0(0 Aooy Agenda Item No. o�� ©3/ao/aoo 0 STAFF REPORT Subiect Resolution approving a cooperative agreement between the City of San Bernardino Fire Department and the USDA Forest Service, San Bernardino, National Forest, relating to fire protection and rescue services within the mutual threat zone. Background A geographic area exists that is referred to as 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. This Cooperative Agreement is a renewal and revision to an agreement that was entered into in 1972. This new agreement allows for the joint response of both entities on all types of emergencies and is not limited to fire emergencies only. In addition, there is new language contained within the agreement that addresses the issue of reimbursement for aircraft fire and rescue services as provided by the San Bernardino City Fire Department. Financial Imoact During the past twenty-eight years 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 COPY �j 1 RESOLUTION 00- 2 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING A 3 COOPERATIVE AGREEMENT BETWEEN THE SAN BERNARDINO CITY FIRE DEPARTMENT AND THE USDA FOREST SERVICE, SAN 4 BERNARDINO, NATIONAL FOREST, RELATING TO FIRE PROTECTION AND RESCUE SERVICES WITHIN THE MUTUAL THREAT ZONE. 5 6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 7 8 SECTION 1. That the USDA Forest Service, San Bernardino National 9 Forest, hereinafter called Forest Service and the San Bernardino City Fire 10 Department (SBCFD) wish to enter into a cooperative agreement; and 11 SECTION 2. The Mayor or her designee is hereby authorized and directed 12 13 to execute said cooperative agreement, a copy of which is attached as EXHIBIT A; 14 and 15 SECTION 3. Said cooperative agreement will be for each party providing 16 to the other a reasonable and reciprocal exchange of fire, rescue and emergency 17 medical services on a day to day basis in the mutual threat zone. Each party agrees 18 to undertake this reciprocal exchange of services under the terms, provisions, and 19 conditions listed in EXHIBIT A. 20 21 SECTION 4. The authorization to execute the above referenced agreement 22 is rescinded if it is not executed within sixty (60) days of the passage of this 23 resolution. 24 25 26 //// 27 28 t �3l�ZO /00 1 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING A 2 COOPEATIVE AGREEMENT BETWEEN THE SAN BERNARDINO CITY FIRE DEPARTMENT AND THE USDA FOREST SERVICE, SAN 3 BERNARDINO,NATIONAL FOREST, RELATING TO FIRE PROTECTION AND RESCUE SERVICES WITHIN THE MUTUAL THREAT ZONE. 4 5 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the 6 Mayor and Common Council of the City of San Bernardino at a 7 meeting thereof, held on the day of , 2000, by the following 8 vote,to wit: 9 COUNCILMEMBERS AYES NAYS ABSTAIN ABSENT 10 ESTRADA 11 LIEN 12 13 MCGINNIS 14 SCHNETZ 15 SUAREZ 16 ANDERSON 17 MILLER 18 The foregoing resolution is hereby approved this day of 19 2000. 20 21 Judith Valles, Mayor 22 City of San Bernardino 23 Approved as to form 24 And legal content: JAMES F. PENMAN City Attorney 26 27 By: 28 2 COOPERATIVE AGREEMENT GBetween 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, Exhibit A 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. 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 Fires 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 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, 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 ads 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 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 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 bi-annually by both parties. DATE BY Mayor Judith Valles City of San Bernardino DATE BY Forest Supervisor San Bernardino National Forest JOINT OPERATING PLAN BETWEEN THE SAN BERNARDINO CITY FIRE DEPARTMENT and THE USDA FOREST SERVICE, SAN BERNARDINO NATIONAL FOREST As directed by our Cooperative Agreement, the following Joint Operating Plan has been developed and agreed to by both parties. This Joint Response Operating Plan by and between the San Bernardino City Fire Department, a Department of the City of San Bernardino, a municipal corporation of the State of California, hereinafter referred to as City Fire, and the United States Department of Agriculture Forest Service, a Department of the United States of America, hereinafter referred to as Forest Service. WITNESSETH WHEREAS,this operating plan entered into for the best interest of the citizens of both jurisdictions to have a reciprocal joint response between City Fire and the Forest Service on structure fires, wildland fires, medical aids, etc., and WHEREAS, this operating plan will create a safer working environment for emergency personnel of both jurisdictions by providing additional emergency resources in a more timely manner NOW, THEREFORE, The parties agree as follows: 1. That any fire or other emergency incident within the mutual threat zone of either jurisdiction shall initiate a joint response of emergency equipment and personnel to mitigate the incident. Each jurisdiction shall respond the requested resource, if available, to all incidents within the mutual threat zone. 2. Each Department shall be responsible for incident reports within their respective jurisdiction. Assisting units shall cooperate with jurisdictional units to exchange appropriate information. 3. This Operational Plan may be temporarily suspended by either Department's Chief Officer or their representative at any time due to emergency conditions within their jurisdiction which could have an adverse impact upon their ability to respond. page 1 FISCAL ARRANGEMENTS It is agreed that no billing will occur immediately after any incident, when the incident occurs within the city or forest service mutual threat zone, 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 calendar year, a comparison of charges from each agency to the other will be calculated and offsetting 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 with the intent of keeping up to date on fluctuating personnel and equipment costs. For purposes of billing, the following listing will provide a guideline for anticipated costs associated with the deployment of equipment and personnel: PERSONNEL AND EQUIPMENT COSTS USFS Apparatus Cost (average cost) Type II Engine (Capt., Engineer, 3 Firefighters) $82.00 per hour Water Tender(1 Engineer) $28.00 per hour Type I Hot Shot Crew(Supervisor, 2 Captains, 17 Firefighters) $185.00 per hour Type II HeliTack Crew(Capt.,Engineer, 3 Firefighters) $91.00 per hour Type II Helicopter Hourly Rate (Helicopter 534) $897.00 per hour Personnel Costs Base Rate Overtime Rate Division Chief $28.00 per hour $38.00 per hour Battalion Chief $25.00 per hour $36.00 per hour Fire Protection Captain $21.00 per hour $31.00 per hour San Bernardino City Fire Department Apparatus Cost Type I Engine $30.00 per hour Type IV Brush Engine $30.00 per hour Ladder Truck $30.00 per hour Water Tender $30.00 per hour Battalion Chief Vehicle $20.00 per hour Hazardous Materials Vehicle $20.00 per hour page 2 Personnel Costs: Base Rate Overtime Rate Battalion Chief $30.35 per hour $30.35 per hour Fire Captain $24.35 per hour $36.53 per hour Fire Apparatus Engineer $20.96 per hour $31.44 per hour Paramedic Firefighter $21.36 per hour $32.04 per hour Firefighter $18.56 per hour $27.84 per hour COMMUNICATIONS Upon arrival at the scene of an incident, the first arriving Chief Officer shall establish an Incident Command Post and notify the other agency of its location. At that time, a Unified Command shall be established and tactical frequencies will be assigned, based on jurisdiction for all responding units to use. In some instances, there may be a need for the exchange of portable radios to provide for safe and adequate communications. REVISIONS This Operational Plan may be revised or amended at any time by mutual agreement of the Fire Chief of the San Bernardino City Fire Department and Forest Supervisor of the San Bernardino National Forest. It is agreed that any substantial impact or changes of fire protection resources by either agency, shall be cause for reconsideration of this agreement. IN WITNESS THEREOF,the parties hereto have executed this operating plan on the date hereinafter written. 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