Agenda 02/14/2012 Item #16F52/14/2012 Item 16.F.5.
EXECUTIVE SUMMARY
Recommendation to approve a Memorandum of Understanding between the Ochopee
Fire Control District and the United States Department of the Interior, through the
National Park Service, Big Cypress National Preserve
OBJECTIVE: To obtain Board of County Commissioners approval authorizing the
Ochopee Fire Control District to sign a Memorandum of Understanding with the United
States Department of the Interior, through the National Park Service, Big Cypress
National Preserve ( "National Park Service ").
CONSIDERATIONS: Since 1990 the Ochopee Fire Control District has entered into a
five year Memorandum of Understanding with the National Park Service establishing the
terms and conditions under which the parties will provide mutual assistance within the
Ochopee Fire Control District, the Big Cypress National Preserve and the immediate
surrounding area. Land and buildings belonging to the Big Cypress National Preserve lie
within the Ochopee Fire Control District. The attached Memorandum of Understanding
also allows the Ochopee Fire Control District to qualify for certain Federal Grants and
will enforce the pre - existing excellent working relationship between the parties.
FISCAL IMPACT: There is no fiscal Impact
GROWTH MANAGEMENT IMPACT: None
LEGAL CONSIDERATIONS: This item has been reviewed and approved by the
County Attorney, is legally sufficient for Board action, and requires majority vote for
approval. -JAK
RECOMMENDATION: That the Board of County Commissioners approve and
authorize its Chairman to sign the Memorandum of Understanding between the Ochopee
Fire Control District and the United States Department of the Interior, through the
National park Service, Big Cypress National Preserve.
Prepared by: Alan McLaughlin, Fire Chief
Attachment: Memorandum of Understanding
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.F.5.
2/14/2012 Item 16.F.5.
Item Summary: Recommendation to approve a Memorandum of Understanding between
the Ochopee Fire Control District and the United States Department of the Interior, through the
National Park Service, Big Cypress National Preserve
Meeting'Date: 2/14/2012
Prepared By
Name: SwisherLinda
Title: Administrative Secretary,Ochopee Fire Control Dist
2/1/2012 2:55:44 PM
Approved By
Name: SummersDan
Title: Director - Bureau of Emergency Services,
Date: 2/1/2012 4:56:55 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 2/6/2012 3:23:41 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 2/6/2012 4:34:37 PM
Name: GreenwaldRandy
Title: Management/Budget Analyst,Office of Management & B
Date: 2/7/2012 10:52:31 AM
Name: OchsLeo
Title: County Manager
Date: 2/7/2012 2:37:53 PM
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2/14/2012 Item 16.F.5.
MEMORADUM OF UNDERSTANDING
G5120110001
Between
UNITED STATES DEPARTMENT OF THE INTERIOR
NATIONAL PARK SERVICE
BIG CYPRESS NATIONAL PRESERVE
3 3100 Tamiami Trail East
OCHOPEE, FLORIDA 34141
and
OCHOPEE FIRE DISTRICT
ARTICLE I — BACKGROUND AND OBJECTIVES
This agreement is entered into by and between the National Park Service (hereinafter "NPS "), United States
Department of the Interior, acting through the Superintendent of Big Cypress National Preserve (hereinafter
"Preserve ") and the Ochopee Fire District, represented by and through the Board of County Commissioners of
Collier County, Florida (hereinafter "Ochopee Fire District"). The purpose of this agreement is to establish the
terms and conditions under which both parties will provide mutual assistance in preventing, detecting, and
suppressing structural fires, within the Ochopee Fire District, the Preserve, and in the immediate surrounding area.
Currently, the Ochopee Fire District is empowered by Collier County, State of Florida, to provide structural fire
protection within and outside the Preserve, to provide wildland fire protection on state and private lands outside the
preserve and to assist other state and federal agencies in wildland fire protection within and outside the preserve.
Congress further established the Preserve that the area within the boundaries depicted on the map (in Appendix A)
shall be known as the Big Cypress National Preserve. Such lands shalt be administered by the Secretary as a unit of
the National Park System in a manner which will assure their natural and ecological integrity in perpetuity in
accordance with the provisions of this Act and with the provisions of the Act of August 25, 1916 (39 Stat, 535; 16
U.S.C. 1-4), as amended and supplemented.
ARTICLE 11 — AUTHORITY
This agreement is entered into under the authority of 42 U.S.C. § 1856a (1994).
ARTICLE III - STATEMENT OF WORK
A. The Preserve shall report promptly to Ochopee Fire District all structural fires originating within the Preserve
and wildland fires on properties adjoining the Preserve or which threaten structures or roadside improvements.
B. The Preserve shall take initial attack on those wildfires occurring outside the Preserve on Ochopee Fire District
protected lands within approximately 1 mile of it's boundary without awaiting a request to do so if the fire
threatens or may threaten Preserve lands.
C. The Preserve shall provide fire weather data generated from the Service's AFFIRMS and remote weather
stations (RAWS) to Ochopee Fire District upon request.
D. The Preserve shall provide assistance on structural fires within the Preserve to include exterior exposure
protection, water relay, emergency medical assistance and traffic control (to the extent of certified skill and
training level of the Preserve's staff).
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E. Ochopee Fire District shall report, to the Preserve, all wildland fires within or threatening the Preserve that are
observed by or reported to Ochopee Fire District personnel.
F. Ochopee Fire District shall take initial attack, or reinforce Preserve staff at, wildland fires, resulting from
structural or vehicular fires, to which they have responded within the Preserve (after completing their primary
structural responsibility).
G. The parties further agree as follows:
1. To meet jointly at least once annually before September 30 to review and update this Memorandum of
Understanding as needed and to provide for other meetings as deemed necessary for discussions of
matters relating to the management of fire on lands within and adjacent to the Preserve.
2. Each party shall provide to the other party a list of responsible persons, with telephone numbers, to be
contacted in an emergency, At least once a year, or more often if necessary, each party shall provide the
other party with an updated list of such persons and telephone numbers,
3. Each party shall provide. to the other party copies of current fire management plans for their areas of
primary responsibility, including maps of areas involved and descriptions of special or extraordinary
actions taken.
4. Only Minimum Impact Suppression Tactics shall be used when fighting fires within the Park. No
chainsaws or ground - disturbing equipment such as graders or bulldozers shall be used without the
permission of the Preserve's Superintendent or his/her designee.
5. After notifying the other party of a fire's discovery, ether party may take immediate action to suppress a
fire in the other party's area of primary responsibility in order to save life or property.
6. Each party to this agreement waives all claims against the other party for compensation for any loss,
damage, personal injury, or death occurring in consequence of the performance of this agreement.
7. Neither party to this agreement shall reimburse the other party for all or any part of the cost incurred by
such in providing fire protection pursuant to this agreement,
8. Nothing in this agreement shall be construed as obligating the Preserve to expend in any one fiscal year
any sum in excess of the monies appropriated by Congress and allocated by the National Park Service for
the performance of this agreement.
9. To designate a person in each agency to coordinate fire management activities and meetings between
agencies.
10. Each party shall provide the other party fire reports of fire suppressed on the other party's lands.
11. Each party shall assist each other in investigating the origin and cause of fires and in providing resulting
reports as requested for use in prosecuting arson suspects.
12. Each party shall comply with each agency's fire management policies (as attached in Appendix "B ")
when suppressing fires within the other agency's lands,
13. When initial attack and/or reinforced attack mutual aid is given, each agency will bear the cost of it's
own suppression efforts with no monetary reimbursement required. Such requests will be honored based
upon criteria in Appendix C for dispatch of fire forces and the status of fire conditions within the
receiving agency's land. Assistance rendered herein is limited to the first 24 -hour period.
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14, Each party shall notify each other of fire training being conducted and to share such training sessions
with each other on a space available basis.
15. Each party shall develop compatible radio communications systems for the purpose of joint fire
prevention and suppression. Each agency agrees to allow the other use of those frequencies identified for
communication of fire activity. Each agency agrees to abide by radio procedures established by the other
during such communications. Each agency shall maintain it's own radio system.
ARTICLE IV — TERM OF AGREEMENT
This agreement shall be effective for a period of five years from the date of final signature, unless it is terminated
earlier by one of the parties pursuant to Article VIII that follows:
ARTICLE V — KEY OFFICIALS
A, For the NPS:
John Nobles, Chief of Fire and Aviation
Big Cypress National Preserve
33100 Tamiami Trail East
Ochopee, FL 34141
(239) 695 -92 80 x104
B. Ochopee Fire District
, Fire Chief
Ochopee, FL
(239) 695 -4114
ARTICLE VI — PRIOR APPROVAL
Not applicable
ARTICLE VII — REPORT AND /OR OTHER DELIVERABLES
Upon request and to the full extent permitted by applicable law, the parties shall share with each other final reports
of incidents involving both parties.
ARTICLE VIII — PROPERTY UTILIZATION
Unless otherwise agree to in writing by both parties, any property furnished by one party to the other shall remain
the property of the furnishing party. Any property furnished by the NPS to the Ochopee Fire District during the
performance of this agreement shall be used and disposed of as set forth in the NPS Property Management
Regulations.
ARTICLE IBC — MODIFICATION AND TERMINATION
A. This agreement maybe modified only by a written instrument executed by the parties.
B. Either party may terminate this agreement by providing the other party with sixty (60) days advance written
notice. In the event that one party provides the other party with notice of its intention to terminate, the parties shall
meet promptly to discuss the reasons for the notice and to try to resolve their differences amicable. The parties
commit to using every reasonable means available, including the use of a neutral mediator if necessary, to try to
avoid terminating this agreement.
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ARTICLE X — STANDARD CLAUSES
A. Civil Rights
During the performance of this agreement, the participants agree to abide by the terms of the USDI -Civil Rights
Assurance Certification, non - discrimination, and will not discriminate against any person because of race, color,
religion, sex or national origin. The participants will take affirmative action to unsure that applicants are employed
without regard to their race, color, religion, national origin, disabilities, age or sex.
B. Promotions
The Ochopee Fire District shall not publicize or otherwise circulate promotional material (such as advertisements,
sales brochures, press releases, speeches, still and motion pictures, articles, manuscripts or other publications) which
states or implies Governmental, Departmental, bureau or Government employee endorsement of a product, service,
or position which the (party) represents. No release of information relating to this agreement may state or imply that
Government approves of the Ochopee Fire District's work product to be superior to other products or services.
C, Public Information Release
The Ochopee Fire District must obtain prior Government approval form the Superintendent of big Cypress National
Preserve for any public information release which refers to the Department of the Interior, any bureau, park unit, or
employee (by name or title), or to this agreement. The specific text, layout, photographs, etc. of the proposed
release must be submitted with the request for approval.
D. Liability Provision
Each party to this agreement will indemnify, save and hold harmless, and defend each other against all tines, claims,
damages, losses, judgments, and expenses arising out of, or from, any omission or activity of such person
organization, its representatives, or employees.
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ARTICLE M - SIGNATURES
IN WITNESS WHEREOF, the parties hereto have executed this agreement on the date(s) set forth below.
FOR THE NATIONAL PARK SERVICE:
Signature:
Date:
Nance: Pedro Ramos
Title: Superintendent
Big Cypress National Preserve
OCHOPEE FIRE DISTRICT
Signature: Date:
Name: FRED W W& Chan
Title: Collies Count} Board of Commissioners
Signature:
Date:
Name:
Title: Clerk
Signature:
Date:
Name:
Title: Fire Chief
Appr �form and legal sufficiency:
jeffrey AlMlatzkow
County Attorney
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MEMORANDUM OF UNDERSTANDING
REVIEW SEQUENCE
The undersigned have reviewed this MEMORANDUM Or UNDERSTANDING for pertinence and have
initiated actions for revisions, as appropria �o the respective responsible authorities.
BIG CYPRESS NATIONAL PRESERVE
(Fire Management Officer)
_ 2012
Date
2013
Date Y
_ 2014
Date
_ 2015
Date
OCHOPEE FIRE CONTROL DISTRICT
(Fire Chief)
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Date
Date
Date
Date
2/14/2012 Item 16.F.5.
APPENDIX B
FIRE MANAGEMENT POLICIES FOR THE PRESERVE
1. All wildlaud fires will be effectively managed, considering resource values to be protected in and
firefighter and public safety, using the full range of strategic and tactical options a described the fire
management plan.
2. An active fire prevention program will be conducted in conjunction with other agencies to protect
human life, prevent modification to preserve ecosystems by human - caused wildfire, and prevent damage
to cultural resources or physical facilities.
3. The fire suppression methods used in the preserve should be those causing the least resource
damage, commensurate with effective control. (No tractors, plows or retardant chemicals to be used
without consent of the line officer of the Preserve)
4. Memorandum of Understanding will be developed to facilitate reciprocal fire management
activities for land within and adjacent to the parks.
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APPENDIX C
CRITERIA FOR RENDERING ASSISTANCE
The rendering of emergency assistance in extinguishing fires and in preserving life and property from
fires will be subject to the following conditions.
1. The assistance will be limited to that which can be given without jeopardizing the protection of the
assisting agency's property, and to such assistance as is determined by the authorizing official to be in the
best interests of the assisting agency.
2. The assistance will be limited to the use of those facilities locally available and to those persons
employed by the assisting agency (preferably trained in firefighting) at the time of the emergency. There
is no authority for the hiring of additional personnel or for maldng procurements of services or materials
for the purpose of fighting fire not endangering assisting agency's property or human lives.
3. The assistance will be limited to properties within a reasonable geographic distance from assisting
agency's property at which fire protection facilities are maintained or within reasonable distance
therefron-L It is assumed that under normal circumstances a call for assistance which requires more than
an hour's travel time to reach would be considered unreasonable,
4. The assistance will, if possible, be performed without the expense of overtime payment. However,
in those cases where it is not possible to adhere to this policy, necessary overtime may be paid if
otherwise properly ordered.
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