HomeMy WebLinkAboutMutail Fire Aid - With USDA National Forestfi
MUTUAL AID AGREEMENT
BETWEEN
THE CITY OF ARCADIA FIRE DEPARTMENT
AND
THE USDA - FOREST SERVICE, ANGELES NATIONAL FOREST
10V 1 t 992
CITY OF ARCAMA
11Re DEPAMMENT
THIS AGREEMENT, made and entered into this 1st day of November by and between
the City of Arcadia , a municipal corporation, hereinafter referred to as
"City" and the Angeles National Forest, a unit of the United States Department
of Agriculture, hereinafter referred to as the "Forest Service ".
WHEREAS, the Forest Service is charged with fire protection on National Forest
lands within the boundaries of the Angeles National Forest; and
WHEREAS, the City is responsible for both structural and wildland vegetation
fire protection on lands outside of the Forest; within its' corporate
territory; and
WHEREAS, each of the parties hereto maintains and operates a fire protection
organization for the prevention and suppression of fires within its respective
jurisdiction; and
WHEREAS, because fires on lands protected by one agency often pose a threat to
lands and /or property protected by the other agency, it is mutually beneficial
to share fire protection resources, and
WHEREAS, the City and Forest Service desire to cooperate to the maximum extent
possible to achieve objectives of common interest and concern, and
WHEREAS, words and phrases used herein may have different meanings or
interpretations for different readers, then in order to reach a "common"
understanding, words and phrases are included in a glossary attached hereto as
Exhibit A along with mutually accepted definitions.
NOW, THEREFORE, in consideration of the mutual promises and conditions herein
made, it is agreed as follows:
I. COOPERATIVE FIRE PROTECTION SERVICES
A. Operating Plan
Each year, the City and the Forest Service will mutually develop an
Operating Plan that will document the location of Mutual Threat Zones,
describe each agencies fire protection organization, and detail
operating procedures and other subjects identified in the Operating
Plan Outline attached hereto as Exhibit B.
The Operating Plan shall be approved by the Chief, Arcadia Fire
Department and the Forest Supervisor, Angeles National Forest.
1.
Approved Operating Plans become a part of this agreement. Plans, or
annual revisions, shall be prepared and submitted for approval by May
1 of each year.
B. Responsible Agency
For the purpose of this agreement, the parties hereto shall be
distinguished as follows:
The agency responsible for the suppression of a fire because of its
location shall be called the "protecting agency ". The agency not
possessing such responsibility for fire protection shall be called the
"supporting agency ".
C. Attack Responsibility
Unless otherwise provided in an Operating Plan, each agency shall take
prompt action to suppress all fires originating on, or threatening
lands in its protection area.
D. Fire Reporting
Fires reported to, or detected by the supporting agency on lands of
the protecting agency shall be promptly relayed to the fire dispatcher
of the protecting agency.
E. Suppression of Fires on Lands of Other Agencies.
Each agency may, upon its own initiative, attack fires within the
Mutual Threat Zone, including lands which are under the direct
protection of the other agency. Neither the City or Forest Service
forces shall perform any fire suppression action that is contrary to
limitations found in the Operating Plan. The protecting agency shall
retain responsibility for all fire suppression action if a qualified
employee of that agency is present at the fire.
F. Boundary Fires
A fire burning on or directly adjacent to a protection boundary will
be the initial attack responsibility of both agencies. Each agency
will bear the cost of its initial attack forces on a boundary fire.
Unless it is determined that the fire is confined to the direct
protection area of either the City or the Forest Service, a unified
command structure will be implemented within the incident
organization. The Incident Commanders of both agencies at the fire
shall mutually agree upon fire suppression objectives and strategy and
commitment of agency suppression resources.
Each agency Incident Commander will authorize the use of their
agency's order number to document responsibility for costs of
2.
additional resources needed for any portion of the fire in their
agency's protection area. Except for Mutual Aid Assistance within the
first 24 hours of a fire, fire suppression resources no longer needed
by one agency may be transferred to the order number of the other
agency. This procedure is intended to document costs and should not
restrict suppression resources to any particular section of the fire.
If it is determined that the fire is confined to the direct protection
area of either the City or the Forest Service, then the ranking
officer of the protecting agency will become the Incident Commander.
At times, the protecting agency may request the supporting agency to
assume command of the fire.
G.
Determination of Cause and Preservation of Evidence.
Initial attack forces from either agency will immediately gather and
preserve information and evidence pertaining to the origin and cause
of the fire. Such information gathered by the supporting agency shall
be turned over to the protecting agency as soon as possible. It is
the responsibility of the protecting agency to pursue the
investigation. To the extent permitted by Federal and State law, the
protecting agency will provide investigation files relative to the
fire to the other agency. Each agency will promptly notify the other
when there is potential for cost recovery on a fire occurring on lands
under the jurisdiction of the other agency.
II. JOINT USE OF RESOURCES
Joint use of fire suppression resources is divided into two categories,
herein called Mutual Aid Assistance and Assistance by Hire.
A. Mutua Aid Assistance
Typically, Mutual Aid assistance which is given at no cost to the
protecting agency, includes such initial attack resources as engines,
bulldozers, helitack crews, and supervisory officers. Because they
are initial attack resources of the supporting agency, they should be
released as soon as possible. In no case shall they be held beyond
the 24 -hour mutual aid period without consent of the supporting
agency. Resources held beyond this period are no longer Mutual Aid
Assistance and will be formally ordered through the dispatch system as
Assistance by Hire.
1. Mutual Threat Zone - The Mutual Threat Zone is an area which may
be established on both sides of the Boundary, wherein it has been
jointly determined by competent fire officers that fires will be a
threat to the protection area of both the City and the Forest Service.
Mutual Threat Zones will be delineated on protection unit maps filed
in the offices of each agency. Mutual Aid Assistance within this zone
is that fire suppression action taken, either voluntarily or on
request, by the supporting agency in the protection area of the
3.
protecting agency. With exception of the Assistance by Hire
provisions of this agreement, initial attack assistance given during
the first 24 hours of the fire will be at no cost to the protecting
agency. Assistance by initial attack forces beyond this 24 -hour
period will be Assistance by Hire.
B. Assistance by H ire
Assistance by Hire is the provision of fire suppression resources, 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, except Mutual Aid Assistance.
Personnel, equipment, or supplies provided by the supportinllagency,
but not specifically ordered by the protecting agency ,
considered a voluntary contribution. Due to the geographic location
of wildlands under City jurisdiction being locate d d b i ea
steep Forest Service lands, Assistance by te
that part of both jurisdictions located outside the Mutual Threat
Zone.
C. Facilities, Equipment, and Support Services
It is mutually agreed that when beneficial for the protection of
National Forest System Lands or City Protection Areas, and in
conformance with existing laws and regulations, the City and the
Forest Service may procure, loan, lease, share, or exchange
facilities, equipment, and support service. This may include such
things as communication centers, fire stations, air attack bases,
lookouts, warehouses, vehicles, fire equipment, remote automatic
weather stations, lightning detection equipment, and communications
equipment. Annuasharedacost orareimbursements will specific
governed in
situations. Any
accordance with existing policy of each agency.
D. Int eragency Use of Communication Sy stem
The Forest Service and the City 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,
4.
E. Cooperative Trai
- agency fire management training
The Forest Service conducts multi
sessions. Both agencies may cooperate to make maximum use of existing
personnel, equipment, and facilities for training purposes. Any
payment will be made in accordance with existing policy
regulations.
IV. GENER PROVISIONS
A. Appropriated Fund Limitation
Nothing herein shall be interpreted as obligating the Forest Service
or the City to expend funds or as involving the United States or the
City of Arcadia in any contract or other obligation for the l future
payment of money in excess of appropriations authorized by
administratively allocated for the work contemplated in this
agreement.
B. Accounting for Assistance by Hire Costs
1, Documentation
The City 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 csts will be
calculated using established agency procedures.
2. Cost App ortionment - Planning, Log istics, and Finance
Not withstanding any other provision of this agreement, the
Finance Section Chief will develop recommendations for ordering
ing,
procedures and apportionment of the cost of of Plann
Logistics and Finance Sections on multiple fires sharing
facilities or on fires where both agencies have protection
responsibilities. This includes costs for personnel, food, and
equipment. Prior to implementation, the recommendation must be
approved by the appropriate Incident Commanders. Apportionment
decide upon p rdocumentedrbyatheflncidentC Section Chief
Ommanders
will be promptly
3. Billing Procedu
On fires where reimbursable costs are incurred pursuant to the
terms of this agreement, the billing agency shall submit
for reimbursement, in duplicate, as soon as possible, but no
later than 120 days after the fire is controlled. The bill,
identified by fire name and appropriate number, will be
adequately documented and cost shall be listed in an itemized
5.
fashio4_ egarding resources and supplie utilized. A separate
bill will be submitted for each fire. the total cost is not
known at the time of initial billing, then a partial bill, so
case sh will
his be costs t in no
control of the fire.
case should
All bills or services to the City will be mailed to the following
address for payment:
City of Arcadia
Fire Department
710 S. Santa Anita Ave.
Arcadia, CA. 91106
All bills for services provided to the Forest Service will be
mailed to the following address:
Angeles National Forest
701 N. Santa Anita Ave.
Arcadia, CA. 91006
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 Califor of
Government Code Section 926.10 which does not allow payment
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 City
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 150
days following control of the fire. The uncontested portion of
the bill may be paid pursuant to normal requirements with a
e t ire nation
that the
y becpaidswith portion the
final
entire b may
resolution is made.
Checks for a reimbursement
number pursuant to the
mailed billings will
address
refer to the
used for billing.
With thegrightntoiaudititheraccounting record and shall
supporting
have the right
documents for which payment was made within the preceding three
years.
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 City or 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 Info rmation
Both the City 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 Co llection
Nothing in this agreement shall preclude the Forest Service or
the City from collecting damages and suppression costs from third
parties under the civil liabilities provisions of Federl and law;
State statutes and common law manner provided by applicable
however, whenever such collections have the effect of reducing
the net expenditures of the City 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 City and Forest Service agree to waive all claims against
each other for compensation for any loss, damage, personal
injury, or death occurring in consequence of the performance of
the non - reimbursable portion of this agreement, except those
resulting from intentional torts attributable to either the
City or the Forest Service.
G. Officia Not to Benefit
No member of, or Delegate to Congress or Resident Commissioner
shall be admitted to any share or part of this agreement or to
7.
any benefit to arise therefrom, unless it is made with a
corporation for its general benefit.
H. Joint Projects
The City and the Forest Service may jointly conduct appropriate
mutual interest projects to maintain or improve the
ec fire
will be
protection capability of either agency. Such
properly documented and will set forth the objective of each
undertaking and the role each agency will play in
that objective. Anticipated cost and the amount of each agency's
share of the cost will be shown and itemized.
I. Previous Agreements Canc elled
This agreement supercedes and cancels the Cooperative Fire
Protection Agreement, entered into on November 8th, 1974, between
the City and the Forest Service.
J. Duration of Agreeme
This Agreement will be reviewed annually by representatives of
the Forest Service and the City and is in effect until terminated
by mutual agreement or upon thirty days written notice from of
either party to the other, contingent upon the appropriation
funds by Congress to permit the Forest Service to carry out its
part of the agreement.
K. Amendments
This agreement may be amended at any time by written mutual
consent of the parties hereto.
L. Civil Rights Act of 19
By accepting this agreement, the City hereby agrees to comply
with Title VI of the Civil Rights Act of 1964 and all
requirements imposed by or pursuant to the regulations of the
United States Department of Agriculture (7 CFR, Part 15) issued
pursuant to that Act, and hereby assures that in the operations
and performance of this agreement it will take immediately any
measures necessary to effectuate this requirement. If any real
property or structure thereon is provided or improved with the
aid of Federal financial assistance extended to the City by the
United States Department of Agriculture, this assurance shall
obligate the City, or in the case of any transfer of such
property, any transferee, for the period during which the real
property or structure is used for a purpose for which the Federal
financial assistance is extended for another purpose involving
the provision of similar services or benefits. If any personal
property is so provided, this assurance shall obligate the City
for the period during which they retain ownership or possession
of the property. In all other cases, this assurance shall
obligate the City for the period during which the Federal
financial assistance is extended to it by this agreement. This
assurance is given in consideration of the Federal financial
assistance in this agreement to the City by the United States
Department of Agriculture. The City recognizes and agrees that
such Federal financial assistance will be extended in reliance on
the representations and agreements in this assurance. The City
further agrees that the United States, in addition to any other
rights and remedies provided by this assurance, the Civil Rights
Act of 1964 or the regulations issued thereunder, shall have the
right to enforce this agreement by suit for specific performance
or by any other available remedy under the laws of the United
States or the State in which the breach or violation occurs.
IN WITNESS WHEREOF, the parties hereto have executed this agreement.
CITY OF ARCADIA
APPROVED AS TO FORM
City
Attorney of the
of We City o
f
Dated: November
11
7
City of Arcadia
Arcadia
1, 1992
ANGELES NATIONAL FOREST
Angeles National Forest
y
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(C'J 1 7 1992 w '
CITY of ARCADIa'
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a
COOPERATIVE FIRE PROTECTION AGREEMENT
EXHIBIT A
GLOSSARY OF TERMS
AGENCY: Either Forest Service or City.
AGENCY REPRESENTATIVE A supporting agency employee with full authority to
speak for their agency on all matters including safety, cost apportionment, and
stategy analysis.
ASSISTANCE BY HIRE Fire suppression resources that are to be paid for by the
protecting agency.
BOUNDARY FIRE A fire burning on or directly adjacent to the Pay Protection
boundary between the Forest Service and the City.
FOREST FIREFIGHTING APPROPRIATION: Forest Service emergency fund commonly
known as FFF (Fighting Forest Fires), which is available for fire suppression
on fires burning or threatening National Forest Lands, and for emergency
rehabilitation of National Forest System watersheds damaged by wildland fire.
INITIAL ATTACK FIRE: A fire that is generally contained by the first
dispatched fire suppression resources without a significant augmentation or
reinforcement.
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.
MUTUAL AID ASSISTANCE Assistance provided from one agency to the other within
the Mutual Threat Zone, except that which is classified as Assistance by Hire.
With the exception of Move -up and Standby, this is within the first 24 hours of
a fire.
10.
MUTUAL THREAT ZONE An area adjacent to either side of the Protection Boundary
where a fire repres, .s a threat to the protection i s of both agencies.
OPERATING PLAN A plan developed at the Forest Supervisor and City Chief level
for implementing the Cooperative Fire Protection Agreement.
PRESCRIBED FIRE Use of fire on brush and shrub lands to reduce fire hazard,
provide flood protection, enhance wildlife and fisheries, and improve water
yields and air quality.
PROTECTION AREA That area, which by law or pursuant to the terms of this
agreement, is provided wildland fire protection by the City or the Forest
Service.
QUALIFIED EMPLOYEE A City 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 City to act as
Incident Commander.
RESTRICTED SUPPRESSION ACTION Through interagency agreement, fire suppression
action may be restricted to protect unique resource management objectives for
specific identified areas.
SUPPORT CREW A City or Forest Service crew consisting of from 5 to 15 persons
assigned to other than fire line duties, such as Kitchen Crew.
SUPPORTING AGENCY The agency not possessing fire protection responsibility
for the area where support is being provided.
UNIFIED COMMAND Implemented in incident organization on multi - jurisdictional
incidents such as boundary fires, that involve both City and Forest Service
direct protection areas. The Agency Incident Commanders will jointly determine
incident objectives and strategies.
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.
11.
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