HomeMy WebLinkAbout08/15/2000, C4 - COOPERATIVE FIRE PROTECTION AGREEMENT council ug 15 2000
j acjcnba Report 4"�
CITY OF SAN LUIS OBISPO
FROM: Robert F. Neumann, Fire Chief 0
SUBJECT: COOPERATIVE FIRE PROTECTION AGREEMENT
CAO RECOMMENDATION
❑ Accept this report and approve Resolution authorizing the Mayor to sign a
cooperative fire protection agreement between the San Luis Obispo City Fire Department
and the U.S. Department of Agriculture Forest Service Los Padres National Forest, and
❑ Give the City Administrative Officer the authority to update and execute this agreement
on behalf of the City of San Luis Obispo as is necessary to keep it current, and
❑ Give the Fire Chief the authority to develop and update an operating plan that details the
specifics of the agreement.
DISCUSSION
Since 1956, the City of San Luis Obispo has participated in the California Master Mutual Aid
Plan. A component of that plan allows for the use of City resources on federal lands. Now, the
U.S. Department of Agriculture Forest Service, Los Padres National Forest has requested the
City enter into a new and separate more detailed agreement when responding to federal lands.
The benefits to enter this agreement are:
1. The proposed agreement goes into more detail on training requirements, duration of use
on incidents and compensation/reimbursement, to the benefit of both parties.
2. The agreement is reciprocal. In the recent past, the City has utilized federal resources to
protect the City. Both the Highway 41 & Los Pilitas Fire burned on forest lands before
approaching and threatening the City.
3. As with all our mutual aid agreements, we have the ability to decline participation. At
times, our local situations may preclude participation.
4. Participation provides extensive training and experience for Firefighters in actual
wildland fire situations.
As the population of California grows, the fire service has come to rely more heavily on our
mutual aid systems. We expect this trend to continue. It should be noted this agreement would
allow for the use of Fire Department personnel on Federal lands outside of California. Typically,
these requests seldom occur and would require the approval of the Fire Chief.
It is important to note the City will be reimbursed for all costs of participants and equipment,
including travel. Currently, Santa Barbara City, Montecito, Santa Barbara County, and Santa
Maria City have already adopted similar agreements.
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Council Agenda Report-Coy, ative Fire Protection Agreement
Page 2 - -
FISCAL IMPACT
There is no negative impact. Mutual aid agreements, such as this, are a very cost-effective way
of providing a community with,needed.resources when faced with imminent danger.
The City is reimbursed when our services are: requested. A review of our last two years of
participation in the system reveals we have actually made money over and above our expenses.
For example, this year the City has netted approximately$50,000 from mutual aid responses.
ATTACIBIENTS
Resolution
Attachment,-Agreement
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ATTACHMENT 1
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
LUIS OBISPO AUTHORIZING THE MAYOR OF THE CITY OF SAN
LUIS OBISPO TO ENTER INTO AND EXECUTE A MUTUAL AID AGREEMENT
BETWEEN THE CITY OF SAN LUIS OBISPO AND U.S. DEPARTMENT OF
AGRICULTURE FOREST SERVICE, LOS PADRES NATIONAL FOREST
WHEREAS, the City of San Luis Obispo deems it advisable to provide back-up fire
protection for major incidents on federal lands, and
WHEREAS, mutual aid is the most'cost-effective method to provide this additional
back-up; and
WHEREAS, the City of San Luis Obispo has presently in force such agreements; and
WHEREAS, additional agreements and modifications to existing agreements from time
to time become desirable;
BE IT RESOLVED,by the City Council of the City of San Luis Obispo as follows:
SECTION 1. The Mayor of the City of San Luis Obispo is hereby empowered and
directed to enter into a mutual aid agreement (Attachment 1) between the City of San Luis
Obispo and U.S. Department of Agriculture Forest Service,Los Padres National Forest.
SECTION 2. The City Administrative Officer of the City of San Luis Obispo is
hereby empowered to update and execute this mutual aid agreement on behalf of the City of San
Luis Obispo as are necessary to provide the citizens of the City of San Luis Obispo with the
maximum level of protection available in the most cost effective manner.
On motion of , seconded by , and on the
following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was passed and adopted this day of , 200
Mayor Allen Settle
ATTEST:
City Clerk Lee Price
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= ATTACHMENT I
APPRO . AST FORM:
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t ttorneyJ_ _ I r� sen
04
ATTACHMENPL
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COOPERATIVE FIRE PROTECTION AGREEMENT
BETWEEN
SAN LUIS OBISPO CITY FIRE DEPARTMENT
AND
U.S. DEPARTMENT OF AGRICULTURE FOREST SERVICE
LOS PADRES NATIONAL FOREST
THIS COOPERATIVE FIRE PROTECTION AGREEMENT, is made and entered into by and
between the San Luis Obispo City Fire Department, hereinafter referred to as the "Department",
and the United States Department of Agriculture, Forest Service,Los Padres National Forest,
hereinafter referred to as the "Forest Service", under the provisions of the Granger-Thye Act of
April 24, 1950 (16 U.S.C. 572).
I. PURPOSE:
To establish a mechanism to allow for reimbursement of Assistance by Hire costs associated
with Department and Forest Service fires, in which either party responds to assist the other party,
as requested through each parties respective dispatching systems.
H. STATEMENT OF MUTUAL BENEFITS AND INTERESTS:
The Forest Service is charged with fire protection on National Forest lands within the boundaries
of the Los Padres National Forest.The Department is responsible for both structural and
wildland vegetation fire protection on lands outside of the Forest; within its'corporate territory.
Each of the parties hereto maintains and operates a fire protection organization for the
prevention and suppression of fires within its respective jurisdictions.
Fires often require suppression resources beyond the capability of one agency alone, it is
therefore mutually beneficial to share fire protection resources on an Assistance by Hire basis.
The Department and Forest Service desire to cooperate to the maximum extent possible to
achieve objectives of common interest and concern. The Department also wishes to receive
Incident Command System(ICS) training provided by the Forest Service and it is beneficial to
both the Forest Service and Department to have trained Department overhead available in
emergency situations.
Words and phrases used herein may have different meanings or interpretations for different
readers. In order to reach a "common" understanding, words and phrases are included in a
glossary along with mutually accepted definitions. This glossary is attached hereto as Exhibit A,
and by this reference incorporated herein.
NOW TBEREFORE, in consideration of the mutual promises and conditions herein made, it is
agreed as follows:
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ATTACHMENT 2
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III. COOPERATIVE FIRE PROTECTION SERVICES
A. Operating Plan
Each year the Department and the Forest Service will mutually develop an Operating
Plan that will describe each agencies fire protection organization, and detail operating
procedures and other subjects identified in the Operating Plan Outline attached hereto as
Exhibit B, and by this reference incorporated herein.
Annual Operating Plans shall be approved by the Fire Chief, San Luis Obispo City Fire
Department and the Forest Supervisor, Los Padres National Forest.
Approved Operating Plans become a part of this agreement. Plans, or periodic revisions,
shall be prepared and submitted for approval each year, or as requested by either agency.
B. Responsible Agency
For the purpose of this agreement, the parties hereto shall be distinguished as follows:
The agency responsible for the suppression of the fire because of its jurisdiction shall be
called the "protecting agency". The agency not possessing such responsibility for fire
protection shall be called the "supporting agency".
IV. JOINT USE OF RESOURCES
Joint use of fire suppression resources will be accomplished through Assistance by Hire.
Standard Emergency Equipment Rental Agreement (EERA) rates are hereby incorporated
by reference. Additionally, included are the standard timekeeping and payment
procedures as outlined in the EERA. These procedures shall be used in all instances,
unless superseded by specially negotiated rates. All equipment and personnel must be
signed up under EERA prior to use through Assistance by Hire.
A. Assistance by Hire
Assistance by Hire is the provision of fire suppression resources and overhead,by one
agency to the other, on a full reimbursement basis. All requests to hire fire protection
assistance must be clear and precise and shall be processed and recorded through the
dispatching systems of both agencies. Requests not processed in this manner will not be
reimbursable. All requests for fire suppression assistance in an agency's protection area
shall be Assistance by Hire. The reimbursement period will begin with the time of
dispatch from the individual's home station and will continue until the return of the
individual to the home station.
B. Facilities,Equipment, and Support Services
It is mutually agreed that when beneficial for the protection of National Forest System
Lands or Department Protection Areas, and in conformance with existing laws and
regulations,the Department and Forest Service may procure, loan, lease, share, or
exchange facilities, equipment, and support service. This may include such things.
2 1.
ATTACHMENT 2
V3
communication centers, warehouses, vehicles, fire equipment, engineering services and
communications equipment. Operating plans shall outline conditions for specific
situations. Any shared cost or reimbursements will be governed in accordance with
existing policy of each agency.
C. Interagency Use of Communication System
The Forest Service and the Department may mutually agree to share such components of
their communications system: radio frequencies, computer terminals, computer software,
data transmission lines, and communication sites. Annual Operating Plans will detail any
restrictions or special requirements of this sharing.
D. Cooperative Training
The Forest Service conducts multi-agency ICS fire management training sessions. Both
agencies may cooperate to make maximum use of existing personnel, equipment, and
facilities for training purposes. Any payment for training will be made in accordance with
existing policy and regulations.
E. Incident Team Participation
The Forest Service shall provide reimbursement for positions on Forest Incident
Management Teams. The reimbursement period will begin with the time of dispatch
from the individual's assigned home station and continue until return of the individual to
the home station.
The rate of payment shall constitute full reimbursement to the City, including direct and
indirect costs,relative to personnel provided. See Exhibit C for rate by rank.
Reimbursement shall be made directly to the City and not to individuals, support or
coordinating personnel.
V. GENERAL PROVISIONS
A. Appropriated Fund Limitation
Nothing herein shall be interpreted as obligating the Forest Service or the Department to
expend funds or as involving the United States or the Department in any contract or other
obligation for the future payment of money in excess of appropriations authorized by law
and administratively allocated for the work contemplated in this agreement.
B. Accounting for Assistance by Hire Costs
1. Documentation
The Department and the Forest Service will document all expenditures incurred for
providing Assistance by Hire services under the terms of this agreement.Expenditures
include both direct costs and indirect or "administrative" costs. All costs will be
calculated using established agency procedures. See Exhibit C for rate by rank.
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ATTACHMENT 2
F-4
2. Billing Procedures
On incidents where reimbursable costs are incurred pursuant to the terms of this
agreement, the billing agency shall submit a bill for reimbursement, in duplicate, as soon
as possible, but no later than 120 days after resources are released from the incident. The
bill, identified by fire name and appropriate number, will be adequately documented and
cost shall be listed in an itemized fashion regarding resources and supplies utilized. A
separate bill will be submitted for each incident. If the total cost is not known at the time
of initial billing, then a partial bill, so identified will be issued when all costs are known;
but in no case should this be more than 150 days after resources are released.
All bills for services provided to the Department will be mailed to the following address
for payment:
San Luis Obispo City Fire Department
2160 Santa Barbara Ave.
San Luis Obispo, CA 93401
All bills for services provided to the Forest Service will be mailed to the following
address:
U.S. Forest Service
Attn: Linda Lowe
Communication Center Manager
635 N. Santa Rosa
San Luis Obispo, CA 93405
All bills will have a due date 30 days after the date of issuance. If payment cannot be
made before the 30 days expire,then a 30 day extension, with oral or written justification,
may be requested. Bills remaining unpaid after the 30 day extension will be charged daily
penalty interest starting on the 61st day. This policy will recognize the legal restraint of
California's Government Code Section 926.10 which does not allow payment of interest
until 60 days after issuance of the original bill.
Payment deadlines on bills which are contested by either party to this agreement may be
extended by mutual consent of the Department and the Forest Service. Written notice that
a bill is contested must be mailed to the address listed above within 6 days of issuance of
the original bill, and must fully explain the area of dispute. Contested items will be
resolved not later than 180 days following control of the fire.The uncontested portion of
the bill may be paid pursuant to normal requirements with a notation that the contested
portion is being withheld, or the entire bill may be paid with a credit provided when final
resolution is made.
Checks for reimbursement made pursuant to the above billings will refer the bill number
and will be mailed to the remittance address listed on the bill.
With adequate notice, either Department or the Forest Service shall have the right to audit
the accounting record and supporting documents for which payment was made within the
preceding three years.
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ATTACHMENT 2
P•S
The Department will give the Forest Service or Comptroller General, through any
authorized representative, access to and the right to examine all books,papers, or
documents related to this instrument.
C. Employment Policy
It is agreed that employees of the parties to this agreement shall at all times be subject
only to the laws, regulations, and rules governing their employment (whether they be the
Department or the Forest Service) and shall not be entitled to compensation or other
benefits of any kind other than specifically provided by the terms of their employment.
D. Mutual Sharing of Information
Both the Department and Forest Service will furnish to each other, or otherwise make
available upon request, such maps, documents, instructions,records, and reports,
including, but not limited to, fire reports, employment records, and law enforcement
reports which either party considers necessary in connection with the agreement, subject
to review and consent in accordance with applicable City, County, State, and Federal
rules and regulations.
E. Suppression and Damage Collection
Nothing in this agreement shall preclude the Forest Service or the Department from
collecting damages and suppression costs from third parties under the civil liabilities
provisions of Federal and State statutes and common law manner provided by applicable
law; however, whenever such collections have the effect of reducing the net expenditures
of the Department or the Forest Service to accomplish services provided for in this
agreement,then such collections shall be reported and subtracted from its statement of
total expenditures by the agency making the collection, at least insofar as such statement
of expenditure affects this agreement.
F. Waiver of Claims
The Department and.Forest Service hereby waive all claims between and against each
other, arising in the performance of this agreement, for compensation for loss or damage
to each other's property, and personal injury, including death, of employees, agents and
contractors, except that this waiver shall not apply to intentional torts or acts of violence
against such persons or property.
G. Joint Projects
The Department and the Forest Service may jointly conduct appropriate mutual interest
projects to maintain or improve the fire protection capability of either agency. Such
projects will be properly documented and will set forth the objective of each undertaking
and the role each agency will play in accomplishing that objective. Anticipated cost and
the amount of each agency's share of the cost will be shown and itemized. A separate
agreement will be executed whenever such mutual undertaking involves an exchange of
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ATTACHMENT 2
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funds, and/or involves a considerable exchange of services, outside the fire protection
Assistance by Hire umbrella covered by this Cooperative Agreement.
H. Participation In Similar Activities
This instrument in no way restricts the Forest Service or the Department from
participating in similar activities with other public or private agencies, organizations, and
individuals.
I. Nondiscrimination
The Department shall comply with all Federal statutes relating to nondiscrimination and
all applicable requirements of all other Federal laws, executive orders, regulations and
policies. These include but are not limited to: (a)Title VI of the Civil Rights Act of 1964
(42 U.S.C. 2000d), which prohibits discrimination on the basis of race, color, handicap,
or national origin; (b)Title IX of the Education amendments of 1972, as amended (20
U.S.C. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex.
J. Principal Contacts
The principal contacts for this instrument are:
James Smith Robert F. Neumann
USDA Forest Service Dept. San Luis Obispo City Fire Dept.
Los Padres Forest 2160 Santa Barbara Ave.
1616 Carlotti Dr. San Luis Obispo, CA 93401
Santa Maria,CA 93454 (805) 781-7380
805) 925-9538
K. Amendments
Modifications within the scope of the instrument shall be made by mutual consent of the
parties, by the issuance of a written modification, signed and dated by both parties, prior
to any changes being performed.The Forest Service and the Department are not obligated
to fund any changes not properly approved in advance.
L. Termination
Either party(s), in writing,may terminate the instrument in whole, or, part, at any time
before the date of expiration. The Forest Service and the Department shall not incur any
new obligations for the terminated portion of the instrument after the effective date and
shall cancel as many obligations as is possible.Full credit shall be allowed for Forest
Service and Department expenses and all noncancellable obligations properly incurred up
to the effective date of termination. Excess funds shall be refunded within 60 days after
the effective date of termination.
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ATTACHMENT 2
M. Duration of Agreement ?-I
This instrument is executed as of the last date shown below and expires five years from
the date of last signature, at which time it will be subject to review,renewal, or
expiration.
IN WITNESS WHEREOF,the parties hereto have executed this agreement.
APPROVED APPROVED
Allen Settle,Mayor Jeanine Derby
City of San Luis Obispo Forest Supervisor
Los Padres National Forest
Date: Date:
The authority and format for this instrument have been reviewed and approved for signature by:
Date:
Agreements Specialist
Los Padres National Forest
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ATTACHMENT 2
COOPERATIVE FIRE PROTECTION AGREEMENT
EXHIBIT A
GLOSSARY OF TERMS
AGENCY:Either Forest Service or Fire Department.
AGENCY REPRESENTATIVE: A supporting agency employee with full authority to speak for
their agency on all matters including safety, cost apportionment, and strategy analysis.
ASSISTANCE BY HIRE: Fire suppression resources that are to be paid for by the protecting
agency.
GENERAL ADMINISTRATION COSTS: Costs that cannot be readily identified with
specifically financed programs and functions at the time they are planned, and are therefore
funded by assessment against all available funds.
LINE OFFICER: The individual assigned administrative responsibilities for an established
Forest Service organizational unit.
OPERATING PLAN: A plan developed at the Forest Supervisor and Fire Chief level for
implementing the Cooperative Fire Protection Agreement.
PROTECTION AREA: That area, which by law or pursuant to the terms of this agreement, is
provided wildland fire protection by the Department or the Forest Service.
OUAi•iFlED EMPLOYEE: A Department or Forest Service employee trained and approved to
handle command of initial attack wildland fires; typically Fire Captain and higher in rank, or
Forest Service equivalent.
RANKING OFFICER: That person assigned by the Forest Service or Department to act as
Incident Commander.
SUPPORTING AGENCY: The agency not possessing fire protection responsibility for the area
where support is being provided.
WILDLAND FIRE: A fire burning uncontrolled on lands covered wholly or in part by timber,
brush, grass, grain, or other flammable vegetation.
WILDLAND FIRE PROTECTION: Those activities commonly referred to as detection,
prevention, presuppression, suppression, that cumulatively contribute to the control or
elimination of wildland fires.
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ATTACHMENT 2
p.9
COOPERATIVE FIRE PROTECTION AGREEMENT
EXHIBIT B
OPERATING PIAN OUTLINE
I. Operating Plan Definition
II. Authority for Operating Plan
III. Purpose for Operating Plan
IV. Definitions and Descriptions
V. Specific Procedures
A. Assistance by Hire
B. Overhead
C. Suppression Resources
D. Specialized Equipment
E. Authorized Sharing of Communications Systems
F.Dispatching
G.Training and Qualifications
H. Joint Projects
Review Procedures
Appendix
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ATTACHMENT 2
P,o
COOPERATIVE FIRE PROTECTION AGREEMENT
EXHIBIT C
San Luis Obispo City Fire Department shall be reimbursed using the same formula as defined in in the
Cooperative Agreement for Local Government Fire Suppression Assistance to Forest Agencies between:
- State of California, Office of Emergency services
- State of California, Department of Forestry and Fire Protection
- USDI Bureau of Land Management, California State Office; and
- USDI National Park Service, Pacific West Region.
Formula for Average Actual Rate
The formula used is
A =Average Actual Hourly Wage
H=Total Hours on Incident
W =Local Jurisdiction's Worker's Compensation Percentage Rate
U=State Unemployment Percentage Rate
Total personnel reimbursement in dollars = [(A x H z 1.5)+ (A x H x 1.5 x W)+ (A x H x 1.5 x U)]
SAN LUIS OBISPO CITY FIRE DEPARTMENT
AVERAGE ACTUAL HOUR WAGES & RATES
Admin. Staff $28.37
Fire Mechanic $32.74
Firefighter $16.60
Fire Engineer $22.40
Fire Captain $23.81
Fire Battalion Chief $30.88
Fire Chief $57.10
Worker's Compensation Rate 6%
Unemployment Rate 0.4%
Administrative Charges 11.0%
Formula for Apparatus & Vehicles
Engines -horsepower rates (rate x hours) Privately Owned Vehicles = $.31/actual mileage
0 to 150 lips = $13.00 Sedan/Wagon = $24.00/day
151 to 175 = $13.00 Pickup = $31.00/day
176 to 190 = $16.00 4X4 Pickup = $33.00/day
191 to 250 = $24.00 Van = $37.00/day
251 to 275 = $24.00 Other = $41.00/day
276 to 400 = $28.00
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