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Home My WebLink AboutA3518 - NATIONAL FOREST SERVICE MO 5552 San Bernardino National Forest i • Serv. - Coop. Agr - Wildland Fire Suppression Operations AGREEMENT #3518 M05552, 4-5-95 COOPERATIVE AGREEMENT Between THE CITY OF PALM SPRINGS FIRE DEPARTMENT 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 Fire Department, hereinafter called the Palm Springs Fire Department. WITNESSETH: WHEREAS, the Palm Springs Fire Department maintains and operates a fire protection organization in the area outlined on the attached map, and; WHEREAS, the Palm Springs 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 lands which are adjacent or proximate to the area protected by the Palm Springs Fire Department 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 Forest Service personnel, aircraft and equipment to the Palm Springs Fire Department and assist in the suppression of incidents in those areas that are outside the forest boundary where a wildfire could be a threat to the San Bernardino National Forest, as shown on the attached map. Upon request, the Forest Service will assist "by hire" the Palm Springs Fire Department on wildland fire incidents beyond the mutual dispatch area. The: Forest Service will not be expected to deplete its own protection resources to the detriment of its normal protection responsibilities. 2. To reimburse Palm Springs Fire Department for personnel and equipment costs when ordered on an "assistance by hire" basis for wildland fire suppression and under the supervision of the Forest Service, after the first twelve (12) hours or outside of the mutual dispatch area. Reimbursable costs will be based on actual Palm Springs Fire Department 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 Palm Springs Fire Department. No claim for personnel time will be submitted for less than one (1) hour. 4. The Forest Service will notify the Palm Springs 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 Palm Springs Fire Department agrees: 1. To respond with City personnel and equipment on any wildland fire in the Forest Service area of responsibility and assist in the suppression of incidents in those areas that are outside of the Palm Springs Fire Department boundary where wildfire could pose a threat to the City of Palm Springs as shown on the attached map. Upon request, the Palm Springs Fire Department will assist "by hire" the Forest Service on wildland fire incidents beyond the mutual dispatch area. The Palm Springs 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) 383-5651, of all wildland fires within the San Bernardino National Forest or fires in the Palm Springs Fire Department jurisdiction that constitute a direct threat to National Forest lands as soon as such fires come to the attention of the Palm Springs 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 Palm Springs Fire Department will bill the Forest Service for reimbursement. No claim for time will be submitted for less that one (1) hour. 4. To reimburse the Forest Service for personnel and equipment costs when ordered on an "assistance by hire" basis for wildland fire suppression and working under the supervision of the Palm Springs Fire Department after the first twelve (12) hours or outside of the mutual dispatch area. 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 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 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. 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. An Operating Plan will be written, 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. 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. 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 utilized for staging areas and incident bases. Where feasible, the Palm Springs Fire Department will secure agreements with local government agencies for the use of such facilities. The names, uses of, locations, and carrying capacity of all such facilities will be an amendment to this agreement. 10. 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 execueted this agreement on the date herinafter written. i DATE BY Cit anager CITY F PALM SPR NOS ATTEST: CITY OF PALM SPRINGS, CALIFORNIA City Clerk DATE % By FOREST SUPERVISOR SAN BERNARDINO NATIONAL FOREST UNITED STATES FOREST SERVICE