HomeMy WebLinkAboutA4076 - BIA BUREAU INDIAN AFFAIRS WILDLAND FIRE Bureau of Indian Affairs
iUNITED STATES )perative Wildland Fire Suppression
DEPARTMENT OF THE INTERIOR CiREEMENT#4076
BUREAU OF INDIAN AFFAIRS MO 6352, 3-3-99
C�a�sr�awa ASSISTANCE AGREEMENT
� n Page 1 of
1. AGREEMENT NUMBER 2. TYPE OF AGREEMENT 3. REQUISITION NUMBER
( ) Grant
AG9J5000093 ( RI Cooperative Agreement
4. ISSUED BY 5. RECIPIENT
U.S. Department of Interior Fire Chief
Bureau of Indian Affairs City of Palm Springs Fire Department
2800 Cottage May 300 N. E1 Cielo Road
Sacramento, CA 95825 Palm Springs, CA 92262
6. NAME, ADDRESS AND PHONE NO. OF 7. NAME, ADDRESS, AND PHONE NO. OF
ASSISTANCE REPRESENTATIVE i RECIPIENT'S PROJECT MANAGER
Address same as above Address same as above
(916) 979-2600 (760) 323-8181
Area Forester Fire Chief
8. PROGRAM STATUTORY AUTHORITY 9. CLASS OF RECIPIENT
See Next Page City
10. EFFECTIVE DATE 11. COMPLETION DATE
12/31/98 12/31/03
12. TOTAL AMOUNT OF NOT TO EXCEED 13. ACCOUNTING AND APPROPRIATION DATA
AGREEMENT S 500,000.00
AMOUNT OF FUNDS 001/JO0300 99 92310 J0099001 411C - $15,000.00
OBLIGATED $ 15,000.00
14. PROJECT TITLE Cooperative Wildland Fire Suppression Agreement
between the City of Palm Spring and the DSDI Bureau
of Indian Affairs, Sacramento Area Office
15. Acceptance of this Assistance 16. Acceptance of this Assistance Agreement in
Agreement in accordance with the accordance with the terms and conditions
terms and conditions contained contained herein is hereby made on behalf
herein is hereby made on behalf of of the United States of America, Bureau of
Indian Affairs.
(CITY OF PALP4 P
AM: IPI HT• E
BY BY d S iP�I2�� ?�� t.� C 2'S 7� C f
SIG A URE DATE SIGNATURE DATE
Robert W. Parkins/City Managpr DENISE L. STORMS, 1420-3227-0200
TYPED HAME/Title TYPED NAME
ATTEST:a TITLE Contracting Officer
Judith H. Sumich/Cit:y Clark PHONE (916) 979-2600, X258
� �o�Cp rY6 a:.3. G�gC�P. l S-0 3-3-9�
Agreement No . AG9J5000093
COOPERATIVE WILDLAND FIRE SUPPRESSION AGREEMENT
BETWEEN
THE CITY OF PALM SPRINGS
AND THE
U.S.D.I. BUREAU OF INDIAN AFFAIRS
SACRAMENTO AREA OFFICE
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, Sacramento Area Office,
hereinafter referred to as the Bureau.
1. Authority
1.1 Reciprocal Fire Protection Act of May 27, 1955 (69 Stat. 66),42 U.S.C. Section 1856
1.2 The National Indian Forest Resources Management Act of November 28, 1990 (104
Stat. 4543), 25 U.S.C. Section 3115
PURPOSE
1. 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 the boundaries of the
City of Palm Springs Fire Department Local Responsibility Area.
TERMS AND CONDITIONS
Fire Protection Services
2. Protection of Indian Trust Lands
The City shall provide wildland fire suppression services on Indian Trust Lands located
within its Responsibility Area.
3. Operating Plans
The City, Agua Caliente Tribe and Bureau shall jointly develop, and annually review and
approve an Operating Plan. The plan shall document the location of Indian Lands protected,
the availability of Indian fire fighting resources and Indian Contractors, 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
by May 1 of the first year of the agreement and May 1 each year thereafter. The completed
plan becomes a part of this agreement by attachment.
4. Location of Indian Trust Lands
The Bureau shall famish the City with a map showing the location of lands to be protected
by the City by April 15 of the first year of the agreement. In addition,the Bureau shall notify
the City by April 1 each year during the term of this agreement, of any changes in acreage
to be protected by the City.
The City shall furnish the Bureau a map showing the location of the City's Responsibility
Area by April 15 of the first year of the agreement, and by April 1 each year thereafter.
5. Fire Notification and Reporting
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 electronically transmitting a facsimile copy
of the completed form to the Sacramento Area Office at(916) 979-2553.
A copy of the City Fire Report for each wildland fire that the City responds to on Indian trust
land shall be transmitted to, and received by the Sacramento Area Office, within 15 days of
control.
6. Cooperation for Fire Hazard Reduction
It is mutually agreed that both 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, unless otherwise agreed upon by modification to this
agreement.
GENERAL PROVISIONS
7. Billing Procedures
The Bureau shall reimburse the City as set forth below for fire suppression costs on Indian
lands in accordance with this agreement.
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 City. Fire suppression cost
reimbursement to be claimed by the City shall be the actual cost to the City (as determined
by the City 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:
1. Direct suppression costs for paid fire personnel and City owned engines and support
equipment.
2. The actual cost to City for food services, transportation and sleeping
accommodations for personnel engaged in suppressing a fire.
3. The total cost to City for non-federal contract equipment and personnel used to
suppress a fire.
4. Replacement or repair costs to 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, City shall
eliminate from said claims any costs directly attributable to the negligence of City
personnel operating the tool or equipment.
5. City Indirect Administrative costs. Indirect Administrative charge will be set at 15%.
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.
In those instances where a wildland fire burns both Indian Trust lands and non-trust lands the
following situations shall apply:
On smaller fires with an estimated total 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.
On larger fires with an estimated total suppression cost of over$10,000, reimbursement will
be based on the results of a Cost Apportionment Teams (CAT) analysis of responsible costs.
8. Protective Clothing and Equipment
The City will 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 inch top
and non-skid soles, leather work gloves, and a fire shelter. Personal protective equipment
shall meet NFPA 1977-93 standards where applicable.
9. Safety Requirements
City fire personnel shall be trained to safely execute wildland fire suppression tactics and
strategies. Completion of 5-130, 5-190, I-100, and 1-200 courses are recommended.
The City will ensure that all City firefighting personnel staffing equipment 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.
10. Communications Capabilities
It shall be the responsibility of the City to ensure that apparatus and personnel have adequate t
communications capability to communicate with local, state, and federal fire agencies.
11. Examination and Audit
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.
12. Duration of Agreement
The term of this agreement shall commence on December 31, 1998, and shall continue
through December 31, 2003.
13. Cancellation
This agreement may be terminated by either party at any time upon giving 60 days prior
written notice to the other party.
14. Notices and Correspondence
All notices and correspondence herein provided to be given, or which may be given either
party to the other, shall be deemed to have been fully given when made in writing and
deposited in the United States mail, and postage prepaid, and addressed as follows:
To Bureau: Area Forester
Sacramento Area Office
Bureau of Indian Affairs
2800 Cottage Way
Sacramento, CA 95825
(916) 979-2600 Fax (916) 979-2553
To City: Fire Chief
City of Palm Springs Fire Department
300 N. El Cielo Road
Palm Springs, CA 92262
(760) 323-8181 Fax (760) 778-8430
Any City questions regarding invoices shall be directed to: Area Forester, Bureau of
Indian Affairs, 2800 Cottage Way, Sacramento, CA 95825, (916) 979-2600, ext. 229 Fax
(916) 979-2553.
15. Appropriation Fund Limitation
The performance of the obligations imposed by this agreement on both parties is contingent
upon funds made available therefore; and in the event such funds are not available, or are
insufficient to carry out the purpose of this agreement, each party agrees to release the other
party from all obligations hereunder. The Bureau agrees to notify the City in the event_+
funding is insufficient to meet it's financial obligations for suppression under the terms of
this agreement.
16. Waiver of Claims
To the extent that the laws of the State of California and the Federal Government permit,
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 the acts or omissions of the other party, its officers, employees, agents, and
subcontractors in connection with performance of this agreement, except that this
indemnification shall not apply to intentional torts or acts of violence against such persons
or property.
17. Cancellation of Previous Agreement
This agreement cancels and supersedes that agreement between the parties hereto dated
October 27, 1987.
18. Amendment of Agreement
This agreement may be amended by mutual written consent of both of the parties hereto.
19. Officials not to Benefit
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 therefrom unless it is made with
a corporation for its general benefit.
20. Bureau Obligation of Funds
The total amount payable by the Bureau to the City shall not exceed $500,000.00 during the
tern of the agreement. Contingent upon the availability of funds, the total estimated budget
for this agreement is $75,000.00, as follows:
YEAR AMOUNT
1999 $15,000.00
2000 $15,000.00
2001 $15,000.00
2002 $15,000.00
2003 $15,000.00
A unilateral modification will be used as a vehicle to add funds to this agreement as needed.
21. Payment Terms
Invoices will be paid approximately thirty days after receipt and acceptance by the Bureau.
IN WITNESS THEREOF the parties hereto have executed this agreement as of the date first
here in above written.
CITY OF PALM SPRINGS
UNITED STATES OF AMERICA
DEPARTMENT OF THE INTERIOR
By: BUREAU OF INDIAN AFFAIRS
By:
Signatur
Signat
Robert W. Parkins/City Manager //JJ y /
Printed Name 1aj . )l//y//ref
Attest: City of Palm Springs, California PrinteA Name
1
j Area Director
Title
Judith H. Sumich/City Clerk MM 2 2 IM
Date
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Signature Denise L. Storms V C2
Date
Contracting Officer 1420-3227-0200
Title
� ! i
BUREAU OF INDIAN AFFAIRS
FIRE REPORT FORM AND TELEPHONE NOTIFICATION
SACRAIMENTO AREA OFFICE
(916) 979-2600 - FAX (916) 979-2553
FIRE INFORMATION:
1. PSFO Incident Number:
2. Fire Name:
3. General Cause (I digit Code Table A):
4. Specific Cause (1 digit Code Table B):
5. Vegetation Type (1 digit Code Table C):
6. Longitude Latitude
7. Legal Description: Twnshp _ Range Section Meridian
8. Cost: (Estimate)
9. Discovery (Table D): Date ��_ Time Acres
10. Initial Attack: Date / / _ Time Type Ist Amt
(Table E)
Acres at Initial Attack: _ Type 2nd _ Amt
(Table E)
Type 3rd _ Amt
It. Controlled: Date / / Time Acres
12. Declared Out: Date
13. Topography Type (Table F): Aspect: Slope: Elev.:
(Table G) (Table H) (Table I)
14. BIA Person Contacted:
Date: Time:
15. PSFD Officer:
Title: Phone: Time Faxed: Date:
Attachment 1 - Page 1
TABLE A VEGATION TYPE CODE TYPE CODE
Commercial Forest 1 Explosives(#of Crews)
GENERAL CAUSE CODE (Land Capable of Prod wood Plows or Trenchers
Lightning 1 products such as saw timber, Light Engines(Type 4,5,6,7)
Camp Fire 2 posts,poles and not withdrawn Med.Engines(Type 3)
Smoking 3 from timber use) Hvy Engines(Type 1,2) E
Debris Burning 4 Hand Crew(#Indv) F
Incendiary 5 Non-commercial Forest 2 Smoke Jmprs(#Indv)
Equipment 6 (Land not capable ofproducing Helitack Crew(#Indv)
Railroads 7 wood products or commercial Lt Airtanker(Type 3) I
Children 8 forest land withdrawn from Med Air Tanker(Type 2)J
Miscellaneous 9 timber use) Hvy Air Tankers(Type 1)
Lt.Helicopter(Type 3&4)L
TABLE B Nonfoirest Watershed 3 Md Helicopter(Type 2)
(Land which has never Hvy Helicopter(Type 1)
SPECIFIC CAUSE CODE supported forests or has been Lt.Dozer(D4 equivalent)
Lightning 01 developed for nonforest uses) Med.Dozer(D-5&6 or
Aircraft 02 equiv.) P
Burning Vehicle 03 TABLE D Hvy Dozer(D-7 or larger)
Power Saw 04
Exhaust Other 05 DISCOVERY CODE Amount: Enter amount of men
Logging Line 06 Agency Lookout A or pieces of equipment. When
Brake Shoe 07 Other Lookout B type is Air tanker(I-K),or
Cooking Fire 08 Fire Patrolman C Helicopter(1-M),amount is
Warming Fire 09 Other Agency Empl D number of drops. For more
Smoking 10 Cooperative Empl E than 99 item code zero.
Trash Burning 11 Agency Aircraft F
Dump Burning 12 Cooper.Aircraft G TABLE F
Field Burning 13 Other Aircraft H
Land Burning 14 Permittee I TOPOGRAPHY CODE
Slash Burning 15 (All persons holding a use Ridge top 1
Right-of-way 16 perink or contract on agency Saddle 2
Rx Burning 17 lands) Upper 1/3 Slope 3
Grudge Fire 18 Visitor J Middle 1/3 Slope 4
Pyromania 19 Local Resident K Lower 113 Slope 5
Smoking out bees 20 Other L Canyon Bottom 6
Insect/Snake Cntrl 21 Valley Bottom 7
Job Hunting 22 TABLE G Mesa or Plateau 8
Blasting 23 Flat or Rolling 9
Burning Building 24 ASPECT CODE
Power Line 25 Flat 0 TABLE 1
Fire Works 26 N 1
Playingw/matches 27 NE 2 ELEVATION CODE
Repelling Predators 28 E 3 0-500 ft. 0
House/Stove sparks 29 SE 4 501- 1500 1
Other 30 S 5 1501-2500 2
SW 6 2501-3500 3
TABLE H W 7 3501-4500 4
NW 8 4501-5500 5
SLOPE CODE Ridgetop 9 5501-6500 6
0 -25% 1 6501-7500 7
26 -40% 2 TABLE E 7501-8500 8
41-55% 3 8501+ 9
56 -75% 4 INITIAL ATTACK TYPE
75+ 5 1st,2nd,and 3rd units
attacking fire
TABLE C
Attachment 1 - Page 2