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HomeMy WebLinkAbout01407 - US FOREST FIRES MOU U S, Forest Service-Amended & Restated Co-op agr re Auto- AMENDED & RESTATED matic Aid re Fires AGREEMENT #1407 (Orig 4-16-84) COOPERATIVE AGREEMENT Res 14990, 4-4-84 Between -- --- --- -- -- THE CITY OF PALM SPRINGS A MUNICIPAL CORPORATION 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 City of Palm Springs Municipal Corporations, hereinafter called the P.S.M.C. WITNESSETH: WHEREAS, P.S.M.C. maintains and operates a fire protection organization in the area outlined on the attached map, and; WHEREAS, the P.S.M.C. 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 and/or included within the area protected by the P.S.M.C. 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 Forest Service Agrees: 1. To respond with Forest Service personnel , aircraft and equipment to the P.S.M.C. and assist in the suppression of incidents in those areas outside the forest boundary within the San Bernardino National Forest threat zone as shown on the attached map. Upon request the Forest Service will assist the P.S.M.C. on wildland fire 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 P.S.M.C. for personnel and equipment costs when actually ordered for wildland fire suppression within the mutual threat zone and under the supervision of the Forest Service, after the first twenty-four (24) hours. Reimbursable costs will be based on actual P.S.M.C. 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 P.S.M.C. No claim for personnel time will be submitted for less than one (1 ) hour. 4. The Forest Service will notify the P.S.M.C. of all incidents originating within the mutual threat zone as soon as incidents come to the attention of the Forest Service. B. The P.S.M.C. agrees: 1. To furnish to the Forest Service any personnel and equipment requested on any wildland fire in the Forest Service area of responsibility, provided, however, that the P.S.M.C. shall not be required to deplete its own fire protection resources, personnel , services or facilities to the detriment of its normal fire protection responsibilities. 2. To notify the Forest Service Dispatcher in San Bernardino, telephone number 383-5651 of all wildland fires within the San Bernardino National Forest or fires in the P.S.M.C. that constitute a direct threat to National Forest lands as soon as such fines come to the attention of the P.S.hl.C. s. 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 than one (1) hour. C. It is Mutually agreed: I. 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 the P.S.M.C. within the Forest Service areas of responsibility and outside the P.S.M.C. threat zone, shall be considered at the request of U.S. Forest Service. 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. That when both parties jointly share facilities, an Operating Plan will be written and 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 relating to joint occupancy of facilities. 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. This Agreement will terminate upon 30-days written notice from either party and will be reviewed and updated annually by both parties. IN WITNESS WHEREOF, the parties hereto have executed this Cooperative Agreement as of the last date written below: DATE: APR 5 1984 CITY OF PALM SPRINGS APPROV D AS TO FORM BY: City Manager / y Attorney UNITED STATES FOREST SERVICE ),a%0 1 -� � � 7 = DATE: ��.,g r,_.� f � �� A Q Ij B Y: � FORES ,� SU ERVISOR y SAN BERNARDINO NATIONAL 4REST APPROVED BY THE CITY COUNCIL E,Y RES. NO. c✓� �����/ --�-,-_�-�„--�r---=<- ,. u Ilj Ci GI J 1(Jast P1m I- wn onr � stet $ III 5 n^gal __ , i II J _ _ � �'<�� PPIm$Pnnyf I] �Ir-- "` I U IndYti'1 • carnet HIII . Desert .I Angel as I I I ^7-7��ail �' IR ——— �--, ----r�— SAN JA O L ;. - •pG R ©� IR I R I IR 41.9 I R c � Ir j � o / Ef or�J Palm !� 1..�.h ...;1 L, k>,R`�r ��G�oOt[�Springe IR -�----1'. 1/yr1� eIIIN pC�.'ll'IFfL'.•J r.u.. � '-� ` MT. 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I, I �— city- of Palm Springs, City Limits I ROSA 11 J I 0/I City Mutual Aid Zone with Forest Service -- Al--- - ' 4 /�> f yr) 11 d I �IIA/ Ckl, 1 L 4 Forest Service Mutual Aid Zone v With Palm Springs City Ti sflRleRpels,. e , .J.5. Forest Service MOV for Automatic Aid re fires AGREEMENT #1407 (Orig 7-14-78) A G R E E M E N T Res 12690, 6-21-78 THIS AGREEMENT, by and between the CITY OF PALM SPRINGS, a —— -- municipal corporation of the State of California, hereinafter referred to as "City" and the UNITED STATES DEPARTMENT OF AGRICULTURE, FOREST SERVICE, hereinafter referred to as "Forest Service". WITNESSETH : WHEREAS, this agreement is entered into pursuant to the provi- sions of The Act of May 27, 1955 (42 U.S.C. 1856-1856d) ; The Act of April 24, 1950--(16 U.S.C. 572) ; and WHEREAS, certain watershed lands incorporated within the City are within or adjacent to the boundaries of the San Bernardino National Forest; and WHEREAS, uncontrolled fire within these areas would result in total or partial loss of the watershed located therein and may subject residential , commercial and industrial developments within the City to subsequent flood damage, and would also constitute a threat to adjacent areas which are under the administration and protection of the Forest Service; and WHEREAS, City maintains a Fire Department organized and trained especially for the prevention and control of structural fires, while the Forest Service Fire Organization is directly primarily toward the problem of watershed fires NOW, THEREFORE, The parties agree as follows; 1 . A mutual aid zone shall be established as encompassed by the Checkerboard areas and slashline areas on the map marked as Exhibit "A" and attached hereto and incorporated herein by reference. The checker- board areas designate the limit into the City' s corporated area the mutual aid zone shall extend; the slashline areas designate the limit into the San Bernardino National Forest said mutual aid zone shall extend. The City, through its Fire Chief, and the Forest Service, through the Forest Supervisor, San Bernardino National Forest, may alter the boundary lines of said mutual aid zones as conditions change. No mod- ification of this agreement shall be required when changes in the boundary lines are made; however, a map shall be attached to this agreement showing the revised boundary lines and signed by the offi- cials authorized by this agreement to approve such changes. 2. Within the mutual aid zone, Forest Service and City shall conduct fire prevention inspections, arrange for closures when necessary, post signs, and perform hazard reduction work. The Forest Service shall perform such work primarily on National Forest land. This same work shall be handled by City primarily in those areas of the City lying without the boundaries of the National Forest. Both City and Forest Service will cooperatively plan and execute this fire prevention work on private land lying both inside the National Forest boundary and within the city limits. 3. Within the mutual aid zone, both Forest Service and City agree to respond with available fire equipment and fire personnel as required to control reported fires. Both parties to this agreement have a primary responsibility for controlling all fires within their respective jurisdictions, City for lands with the city limits and Forest Service for other lands within National Forest boundaries. -more- 11 a 9 y K � -2 • 11 a 10 4. Either party, on its initiative, may go upon land which is the responsibility of the other in order to engage in fire suppres- sion work; provided, however, its forces may not perform any action which is contrary to the established rules and policy of the party having primary responsibility. At all times, the party having pri- mary responsibility shall be recognized as being in charge of all work of fire suppression if there is present and available an employee of said party competent to assume responsibility. 5. In the event a fire occurs on land along the border or between the two areas of primary responsibility, there shall be no delay in the attempted suppression of said fire pending determination of the precise location of the fire. It shall be the agreed policy that both shall send forces promptly to start suppression action on such borderline area fires. 6. In the event both parties are engaged fighting a fire at or near the boundary between the two areas of primary responsibility, the ranking officers of each party shall mutually agree upon the fire control strategy and the areas and line of separate suppression responsibility more or less conforming to the respective areas of responsibility. If it is determined that the fire is actually confined to one area of responsibility or the other, then the ranking officer of the protecting agency shall assume the responsibility of fire control strategy. 7. No party to this agreement shall be required to pay any com- pensation to the other party to this agreement for mutual aid render- ed hereunder; the mutual advantages and protection afforded by this agreement being considered adequate compensation to all parties. Provided, however, that expenses incurred by Forest Service or City for contract equipment or any extraordinary or special supplies resulting from action on joint fires will be subject to negotiation by City and Forest Service. 8. The extent of aid to be furnished under this agreement shall be determined solely by the party furnishing such aid, and it is understood that the aid so furnished may be recalled at the sole discretion of the furnishing agency. 9. It is mutually understood and agreed that this agreement does not relieve either party from the necessity and obligation of providing adequate fire protection within their own jurisdictions. 10. This agreement shall not be construed as or deemed to be an agreement for the benefit of any third party or parties, and no third party or parties shall have any right of action hereunder for any cause whatsoever. Any services performed or expenditures made in connection with furnishing mutual aid under this agreement by any party hereto shall be deemed conclusively to be for the direct protec- tion and benefit of the inhabitants and property of such party. 11 . Each of the parties to this agreement do hereby expressly waive all claims against every other party for compensation for any loss, damage, personal injury or death occurring in consequence of the non-reimbursable performance of this agreement. 12. Each party shall provide, at its sole expense, the Worker's Compensation insurance coverage necessary for its own employees. It is recognized that at such times as one party provides aid to the other pursuant to the terms of this agreement, the employees of one may be contended to have become special employees of the other temporarily; and should this result in any Worker's Compensation claims being asserted it is hereby agreed that each such claim shall be the responsibility and liability of the general employer to process, defend and pay, if necessary; and each party agrees to assume such responsibility as to its own general employees and to hold the other party harmless as to such claims where said other party is only a special employer. -more- * -3- 13. No member or delegate to Congress, or Resident Commissioner, shall be admitted to any share or part of this agreement or to any benefit that may arise therefrom unless it be made with a corporation for its general benefit. 14. This agreement shall become effective from the date this agreement is fully executed and shall continue in full force and effect for succeeding calendar years, contingent upon the avail- ability of funds appropriated by Congress to enable Forest Service to perform its part of the agreement. This agreement may be terminated by either party after thirty (30) days' written notice to the other. IN WITNESS WHEREOF, the parties hereto have executed this agree- ment on the date hereinafter written. DATE: ATTEST: CITY OF PALM SPRINGS CITY CLERK UNITED STATES FOREST SERVICE r FOREST SUPERVISOR SAN ERNARDINO NATIONAL FOREST 11 a 11 11 a 12 I V ..'r. �,. I I �� •-fir. , � ��,� �� 1 4 r « f rr LUTO �� /�'� �, IT I l � _ i 1c)',���. . ... III I .... 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