HomeMy WebLinkAbout04988 - BUREAU OF INDIAN AFFAIRS BIA PACIFIC REGIONAL OFFICE CITY REIMBURSEMENT WILDLAND FIRE SUPPRESSION COSTS PS FIRE DEPARTMENT Kathie Hart
From: Judy Blumberg
Sent: Tuesday, May 07, 2013 10:39 AM
To: Kathie Hart
Subject: Agreements/Contracts
Attachments: 0622_001.pdf Y>�$b
Hi Kathie -attached is what we have on the Bureau of Indian Affairs past agreement. We no longer need one.
Is it possible for you to send me copies of the most current agreements on the Ground Lease Agreement with the
Southcoast Air Quality Management District- Doc#A4833
and the County of Riverside Joint Monitoring oe Emergency Ambulance Services with American Medical Response- Doc
#A4883
I don't have the current copies of these. Thanks
Jga*J P
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3000K cog&&duPad
CPahn 4at&v, eov 92262
(760)3238787 .
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From: ir4570-firedept@palmsprings-ca.gov [mailto:ir4570-firedept@palmsprings-ca.gov]
Sent: Tuesday, May 07, 2013 7:35 AM
To: Judy Blumberg
Subject: Attached Image
1
Page 1 of 1
Blake Goetz Q`
I
From: Blake Goetz
Sent: Thursday,November 05, 2009 3:22 PM
To: 'Recker, Ron'
Cc: Kathie Hart; Scott Ventura; Blake Goetz; Douglas G. Holland; Jay Thompson
Subject: RE: reimbursement agreement for the BIA
Hi Ron,
This makes perfect sense and allows us to utilize the wildland fire suppression reimbursement
system we have in place. Thank you for clarifying and I look forward to receiving the letter for
our file. We will consider our expired agreement a non issue.
Blake G. Goetz, Fire Chief
300 N. El Cielo Rd.
Palm Springs, CA 92262
(760) 323-8182
(760 778-8427 Fax
B lake.GoetzgDoal msp ring sca.gov
I
" From: Recker, Ron
Sent: Tuesday, November 03, 2009 11:05 AM
Toi 'blake.goetz@palmspingsca.gov' €
Subject: reimbursement agreement for the BIA
On October 20,2009 the new California Fire Assistance Agreement was signed. This agreement gives
authorization to five federal agencies and the state of California to reimburse various statewide fire
departments for wildland fire suppression activities. This allows fire departments to submit invoices through
Cal EMA for reimbursement of expenses. For the first time,the BIA is a signatory partner in this agreement.
The BIA believes that it will no longer be necessary for us to complete separate individual fire suppression
reimbursement agreements with the multitude of fire departments that on occasion provide suppression
actions on Indian trust lands. Therefore we will not be extending any of our old reimbursement agreements.
This month, I plan on sending out a formal letter signed by the Regional Director,to all fire departments that we
currently have an'agreement with,that officially notifies the fire departments that we are revoking all of our old
agreements.
If you have any questions,feel free to contact me at 916 978 6065 or by reply email.
Ron Recker
BIA Pacific Regional Fire Management Officer
1115l2009
of
United States Department of the Interior
ecx
�e•9 BUREAU OF INDIAN AFFAIRS
Pacific Regional Office
N REPLY RECER ro: 2800 Cottage Way
Sacramento,California 95825
DEC 1 12009
Dear Fire Chiefs:
This letter is to formally notify your fire department that the Bureau of Indian Affairs(BIA)will terminate
our Fire Suppression Reimbursement Agreement with your agency effective February 28,2010. The BIA
recently signed the new California Fire Assistance Agreement(CFAA). This agreement now allows every
fire department in the state of California to submit a fire reimbursement invoice through the California
Emergency Management Agency(Cal EMA)whenever a fire department responds to a fire on Indian
trust lands. If your fire department has previously submitted invoices to Cal EMA(formerly the Office of
Emergency Services),you will utilize the same forms and process as before. If you have never submitted
an invoice to Cal EMA, you will need to contact your local office or visit their web site to obtain the
proper forms and to register your fire department costs with them. If you are interested in obtaining-a
COPY of the new CFAA it can be found on the Cal EMA fire and rescue branch web site under"on line
documents" and "CFAA 2009-2013".
We believe this will simplify your reimbursement invoice process as you will be able to utilize one
system for all federal and state fire suppression agencies in the state of California. It will also benefit the
BIA as we will no longer be required to maintain numerous individual reimbursement agreements with
the various fire departments that respond to fire on Indian trust lands on a regular basis. The new CFAA
will also eliminate the problem that occurred when a local fire department,that did not have a
reimbursement agreement, responded to afire on Indian trust lands. The CFAA gives the BIA the
authority to reimburse fire suppression costs to all fire departments in the state of California that are
registered with Cal EMA.
If you have any questions or concerns with the termination of our agreement, please contact Ron
Recker, Regional Fire Management Officer,at(916)978-6065.
Sincerely,
Acting Regional Director
I �
TAKE PRIDE
INAMERICA
Agreement Number AGQ0024015
Bureau to Indian Affairs
MEMORANDUM OF AGREEMENT
Fire Protection Services MOA
BETWEEN THE AGREEMENT#4988
THE CITY OF PALM SPRINGS MO 7578, 11-03-04
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.
IV. 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
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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 I 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.
C. City indirect Administrative costs. The indirect Administrative Charge will be set
at fifteen percent(15%).
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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. hi 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 5-130, 5-190, 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
certified to 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.
1. 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 parry
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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
InteriorBureau of Indian Affairs Contracting Officer on behalf of the Bureau and the City
Manager on behalf of the City..
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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 www.wliitehouse.1-ov/circulars. These circulars are incorporated by reference and cant'the same
effect as if physically attached hereto. The Recipient is responsible for an appropriate flow-down of the
requirement of the applicable OMB circular(s) 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 hidian tribal
government,the applicable requirements are set forth in OMB 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-110.
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."
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In WITNESS WHEREOF,the parties hereto have executed this Agreement on the dates shown below:
City of Palm Springs:
Attest:
Acting City Clerk Date
Approved:
@ 6 Fv,:"te`e;At��F3
Signature Date
Approved: / �I !� )6f Fie U,fc•f i0 ,2o o
Signature Title ate
Approved as to form: ] 4 lo�,201 Y
Sign t e Title Date
G6d DCi [J [ U C C,.9 Vc : 9C�. 0
DOI/Bureau of Indian Affairs:
Approved: � Z�UJ1 C _ // �j��27/0 f
Marlene M. Marcellay (' Date
Contracting Officer
DOI/BIA/Pacific Region
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- � - _ YL
. ALESHIRE 18881 Von Karman Ave.
WYNDER, LLP Suite 400
ATTORNEYS AT LAW Irvine,CA 92612
Phone 949,223.1170
tvww.awatto rneys.com Pax 949.223.1180
October 1, 2004
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