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HomeMy WebLinkAbout11/3/2004 - STAFF REPORTS (2) Date: November 3, 2004 To: City Council From: Fire Chief APPROVE THE MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF PALM SPRINGS AND THE U.S. DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS PACIFIC REGIONAL OFFICE TO PROVIDE A VEHICLE TO REIMBURSE THE CITY FOR WILDLAND FIRE SUPPRESSION COSTS INCURRED ON INDIAN TRUSTLANDS RECOMMENDATION: It is recommended that the City Council approve the Memorandum of Agreement between the City of Palm Springs and the U.S. Department of the Interior, Bureau of Indian Affairs Pacific Regional Office, to provide a vehicle to reimburse the City for legitimate wildland fire suppression costs incurred on Indian trust lands within and adjacent to the boundaries of the City of Palm Springs Fire Department Local Responsibility. SUMMARY: The previous 5-year agreement with the Bureau of Indian Affairs to recover wildland firefighting costs incurred by the Department expired on December 31, 2003. This agreement replaces that expired agreement and will continue through December 31, 2008. This agreement provides a vehicle for the City to be reimbursed its costs for wildland firefighting efforts on Indian trust lands within and adjacent to the City of Palm Springs Local Responsibility Area. BACKGROUND: The Palm Springs Fire Department is the initial fire attack agency for many wildland fires on Tribal trust lands in Palm Springs and the adjacent areas. Because the Agua Caliente Indians defer to the Palm Springs Fire Department for fire suppression activities on Tribal trust lands, the City is eligible to receive reimbursement costs from the Bureau of Indian Affairs for these incidents. This agreement allows the City to recover their direct and indirect wildland firefighting costs, and replaces an expired agreement entered into in 1999. The Fire Chief met with the BIA and the Agua Caliente staff regarding this issue on July 14th, 2004 and the Tribe supports this Memorandum of Agreement. & )I BLAKE G. GOETZ / FIRE CHIEF APPROVED: �� CITY MANAG Attachments: 1. Minute Order No. . ALESHIRE & 18881 Von Karman Ave. WYNDER, LLP Suire 400 ATTORNEYS AT LAW Irvine,CA92612 www.awartorneys.com Phone 949.223.1170 Fax 949.223.1180 October 1, 2004 i SENDER'S E-MAIL: TISRAEL@A W ATTORNEYS.COM Blake Goetz Fire Chief City of Palm Springs P.O. Box 2743 Palm Springs, CA 92263-2743 Re: MOU with the BIA Dear Blake: We are pleased to advise you that the Bureau of Indian Affairs ('BIA") has incorporated all of our suggested revisions into the proposed Memorandum of Understanding with the City of Palm Springs relating to fire protection services. As the BIA has provided our office with execution copies of the new version of the MOU, we are now forwarding three copies of the MOU to you for submission to the City Council. Once the City Council has approved the MOU, please arrange for two fully executed copies of the MOU to be forwarded to Marlene M. Marcellav, with the BIA. Your anticipated cooperation is greatly appreciated. Please let me know if we can we can be of further assistance. Very truly yours, ALESHIRE & WYNDER, LLP Tiffany J. srael TJI:prj Enclosures cc: David J. Aleshire, City Attorney 01003/0001/34913.01 Agreement Number AG410024015 MEMORANDUM OF AGREEMENT BETWEEN THE THE CITY OF PALM SPRINGS AND THE U.S. DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS PACIFIC REGIONAL OFFICE 1 INTRODUCTION This agreement is made and entered into by the City of Palm Springs,hereinafter referred to as'the City, and the U.S. Department of the Interior, Bureau of Indian Affairs, Pacific Regional Office, hereinafter referred to as the Bureau. II. AUTHORITY A. Reciprocal Fire Protection Act of May 27, 1955 (69 Stat. 66), 42 U.S.C. Section 1856 1. The National Indian Forest Resources Management Act of November 28, 1990, (104 Stat. 4543), 25 U.S.C. Section 3115 III. PURPOSE A. This agreement describes the contractual obligations of each party to the agreement. The purpose of this agreement is to provide a vehicle to reimburse the City for legitimate wildland fire suppression costs incurred on Indian trust lands within and adjacent to the boundaries of the City of Palm Springs Fire Department Local Responsibility Area. N. TERMS AND CONDITIONS A. The City will provide wildland fire suppression services on Indian trust Lands located within its area of jurisdiction. B. The Department and the Bureau shall jointly develop,review and approve an Operating Plan. The plan shall document the location of Indian lands protected,the local fire protection delivery system, and any special fire management considerations. The Operating Plan will be prepared, reviewed and approved by the Agua Caliente Tribe, City and Bureau within 60 days after signing this agreement and May ls`each year thereafter. The completed plan becomes a part of this agreement by attachment. C. The Bureau shall furnish the City with a map showing the location of lands to be protected with this agreement. In addition, the Bureau shall notify the City during the term of this agreement, of any changes in acreage to be protected by the City. D. The City shall furnish the Bureau a map showing the location of Fire Department's area of Page 1 of 6 �M jurisdiction with the Operating Plan, E. The City shall notify the Bureau of all known wildland fires on Indian trust lands within 24 hours of the incident by completing Exhibit 1 and transmitting a facsimile copy of the completed form to the Pacific Regional Office at(916) 978-6065 and/or by contacting the Pacific Regional Fire Management Officer at(916),978-6065,the Assistant Regional Fire Management Officer at (916) 978-6066 or the Budget Analysis at(916) 978-6077 to verbally report the information. F. A copy of the City Fire Report for each wildland fire that the Fire Department responds to on Indian trust land shall be transmitted to the Pacific Regional Office, within 15 days of control. G. It is mutually agreed that all parties will cooperate in initiating programs to reduce fire hazards and promote fire prevention education on Indian lands, with no reimbursement to either party for such activities. V. GENERAL PROVISIONS A. The Bureau shall reimburse the City as set forth below for fire suppression costs on Indian lands in accordance with this agreement. 1. The City shall prepare and submit invoices for each wildland fire it suppresses on Indian trust lands. In case of complex fire situations,the City may submit partial invoices with notation indicating supplemental invoices will follow. A general summary of said costs will be provided to the Bureau with each invoice from the Fire Department. Fire suppression cost reimbursement to be claimed by the City shall be the actual cost to the City (as determined by the Fire Department and approved by the Bureau) for those services or items that were necessarily used to suppress wildland fires on Indian trust lands. Such costs shall include: a. Direct suppression costs for paid fire personnel and the City owned engines and support equipment. b. The actual cost to City for food services,transportation and sleeping accommodations for personnel engaged in suppressing a fire. C. The total cost to the City for equipment rented to suppress a fire. d. Replacement or repair costs to the City for equipment and tools damaged, destroyed, or lost as a result of a fire. Any such claim however, shall be reduced by any salvage value and shall be based on the depreciated value of such equipment and tools prior to the fire, as determined by City and approved by Bureau. Furthermore, the City shall eliminate from said claims any costs directly attributable to the negligence of City's personnel operating the tool or equipment. e. City indirect Administrative costs. The indirect Administrative Charge will be set at fifteen percent(15%). Page 2 of 6 B. The City shall maintain adequate records and accounts of costs for each wildland fire for which the Bureau may be billed. The records will be of such detail as would enable a qualified person to readily determine fire protection costs which are reimbursable under this agreement and preserve such records during the three years following payment. To the extent practical, such records shall include, but not be limited to, all applicable employee attendance records, payrolls, copies of sub-contracts, purchase orders, invoices from and payment to any subcontractors and suppliers. C. In those instances where a wildland fire burns both Indian trust lands and non-trust lands the following situations shall apply: 1. On smaller fires with an estimated suppression cost of less than$10,000, The Bureau will reimburse the City a percentage of the total suppression costs based on the ratio of Indian trust lands burned to non-trust lands burned. 2. On larger fires with an estimated suppression cost of over$10,000, reimbursement will be based on the results of a Cost Apportionment Teams (CAT) analysis of responsible costs. D. With respect to all wildland fires on Indian trust land, the City shall utilize the following minimum personal protective equipment for wildland fire response: hard hat, eye protection, long sleeve fire resistant shirts, fire resistant trousers (fire resistant coveralls are also acceptable), leather lace-up boots with a minimum eight(8) inch top and non-skid soles, leather work gloves, and a fire shelter. Personal protective equipment shall meet NFPA 1977-93 standards where applicable. E. City fire personnel shall be trained to safely execute wildland fire suppression tactics and strategies. Completion of S-130, S-190, I-100, and I-200 courses are recommended. F. The City will ensure that all of its Fire Department firefighting personnel staff who are sent to wildland fires on Indian trust land are eighteen (18)years of age or older. City personnel shall be eertifxecito be of adequate physical condition to meet the arduous demands of wildland firefighting. G. It shall be the responsibility off the City to ensure that apparatus and personnel have adequate communications capability to communicate with local, state, and federal fire agencies. H. The Bureau and City shall be subject to examination and audit for three years after final payment under the terms of this agreement. Examination and audit shall be confined to those matters connected with the performance of this agreement including, but not limited to, the cost of administration. I. The term of this agreement shall commence on January 1, 2004 and shall continue through December 31, 2008. J. This agreement may be terminated by any party at any time upon giving sixty(60) days prior written notice to the other party. K. All notices and correspondence herein provided to be given, or which may be given either party Page 3 of 6 9*5 to the other, shall be deemed to have been fully given when made in writing and deposited in the United States mail, postage prepaid, and addressed as follows: To Bureau: Contracting Officer Bureau of Indian Affairs Pacific Regional Office 2800 Cottage Way Sacramento, California 95825 Telephone Number: (916) 978-6025 Telefax Number: (916) 978-6129 To City: Fire Chief City of Palm Springs Fire Department 300 N. El Cielo Road Palm Springs, California 92262 Telephone Number: (760) 323-8181 Telefax Number: (760) 778-8430 Any city questions regarding invoices shall be directed to the Regional Fire Management Officer, BIA, 2800 Cottage Way, Sacramento, CA 95825 (916) 978-6065, Fax (916) 978-6081. L. To the extent that the laws of the State of California and the Federal Government permit, the City and Bureau agree to indemnify and to hold each other harmless against and from any and all liability for claims on account of property damage, personal injuries, or death resulting from a negligent or wrongful act or omission of the other party, its officers, employees, agents, and subcontractors in connection with performance of this agreement. This indemnification shall not apply to intentional torts or acts of violence against such persons or property. M. This agreement supersedes that agreement (AG9J5000093) between the parties hereto dated January 29, 1999. N. This agreement may be amended by mutual written consent of all the parties hereto. It shall be amended annually or as otherwise required,to update exhibits attached hereto. O. No member of, or Delegate to Congress, or Residence Commissioner, shall be admitted to any share or part of this agreement or to any benefit to arise there-from unless it is made with a corporation for its general benefit. P. Invoices will be paid via electronic transfer to your financial institution approximately thirty (30) days after receipt and acceptance by the Bureau. Q. Any changes to this Agreement shall be made by means of a written modification. Changes dealing with administrative matters (such as in changes of address) may be made by a unilateral modification. Any other changes shall be made by a bilateral modification (signed by both parties). This Agreement may only be amended in writing signed by the Department of Interior/Bureau of Indian Affairs Contracting Officer on behalf of the Bureau and the City Manager on behalf of the City.. Page 4 of 6 ?P%10 VI. OMB CIRCULARS All OMB circulars,with date of latest revision, are applicable to this Agreement, as set forth below and may be accessed at . -�ti� .whitelxxise.;zo %ci cola, These circulars are incorporated by reference and carry the same effect as if physically attached hereto. The Recipient is responsible for an appropriate flow-down of the requirement of the applicable OMB circulars) in all sub-agreements or contracts awarded hereunder. The administrative requirements and cost principles applicable to the sub-recipient or contractor depend on the sub-recipient, and not the prime recipient, and may, therefore, differ from the cost principles and administrative requirements applicable to the prime Recipient. OMB Circular A-21, Revised May 10, 2004 "Cost Principles for Educational Institutions" OMB Circular A-87, Revised May 10, 2004 "Cost Principles for State and Local Governments" OMB Circular A-102 Revised August 29, 1997 "Grants and Cooperative Agreements with State and Local Governments" OMB Circular A-110,Revised September 30, 1999 "Uniform Administrative Requirements for Grants and Other Agreements with Institutions of Higher Education, Hospitals, and Other Nonprofit Organizations" OMB Circular A-122, Revised May 10, 2004 "Cost Principles for Nonprofit Organizations" OMB Circular A-133, Revised June 24, 1997 "Audit of States, Local Governments, and Nonprofit Organizations" A. When the Recipient/Sub-recipient is a State or local government, including an Indian tribal government, the applicable requirements are set fordr ur OMR Circular A-102 Revised. The audit requirements are contained in OMB Circular A-133. Applicable costs shall be determined in accordance with OMB Circular A-87. B. When the Recipient/Sub-recipient is an institution of higher education, a hospital, or other nonprofit organizations the applicable requirements are set forth in OMB Circular A-I 10. Standards for financial management systems for any of these recipients are contained in Attachment F thereto. The audit requirements are contained in OMB Circular A-133. In awards to institutions of higher education, applicable costs and indirect cost rates shall be determined in accordance with OMB Circular A-21. When the Recipient is a nonprofit organization, applicable costs shall be determined in accordance with OMB Circular A-122 Revised. C. When the Recipient/Sub-recipient is a commercial organization, the basic principles of OMB Circular A-110. shall be incorporated into the award to the extent applicable,however, cost principles shall be in accordance with Part 31 of the Federal Acquisition Regulation (FAR), Subchapter 31.2 entitled, "Contracts with Commercial Organizations." Page 5 of 6 a `1 In WITNESS WHEREOF, the parties hereto have executed this Agreement on the dates shown below: City of Palm Springs: Approved: Signature Title Date Approved: f:e O C'f /Q.l'-o' ignature Title Date Approved as to form: l k,f 0 0 Si a sue U Date DOIBureau of Indian Affairs: 1 Approved: 7/ Marlene M. Marcellay Date Contracting Officer DOI/BIA/Pacific Region Page 6 of 6 • %. MINUTE ORDER NO. APPROVING THE MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF PALM SPRINGS AND THE U.S. DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS PACIFIC REGIONAL OFFICE TO PROVIDE A VEHICLE TO REIMBURSE THE CITY FOR WILDLAND FIRE SUPPRESSION COSTS INCURRED ON INDIAN TRUST LANDS. - - -- - -- - - -- - - - I HEREBY CERTIFY that this Minute Order, approving the Memorandum of Agreement between the City of Palm Springs and the U.S. Department of the Interior Bureau of Indian Affairs Pacific Regional Office to provide a vehicle to reimburse the City for wildland fire suppression costs incurred on Indian trust lands, was adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on the 3rd day of November, 2004. BY: KATHIE HART Chief Deputy City Clerk •