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Backup Documents 02/14/2012 Item #16F 516F 5 MEMORANDUM Date: February 15, 2012 To: Alan McLaughlin, Fire Chief Ochopee Fire Control District From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: MOU Attached is an certified copy of the document referenced above, (Item #16F5) approved by the Board of County Commissioners Tuesday, February 14, 2012. The original agreement will be kept in the Minutes and Records Department for the Board's Official Record. If I can be of further assistance, please call me at 252 -7240. Thank you. 16F 5 MEMORADUM OF UNDERSTANDING G5120110001 Between UNITED STATES DEPARTMENT OF THE INTERIOR NATIONAL PARK SERVICE BIG CYPRESS NATIONAL PRESERVE 33100 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 shall 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 II — 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 its 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). 16F 5 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 fast 24 -hour period. 16F 5 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 -9280 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 IX — 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 parry 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. 16F 5 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 fines, claims, damages, losses, Judgments, and expenses arising out of, or from, any omission or activity of such person organization, its representatives, or employees. 16F 5 ARTICLE XI - SIGNATURES IN WITNESS WHEREOF, the parties hereto have executed this agreement on the date(s) set forth below. FOR THE NATO RVICE: Signatur . Name: Pedro Ramos Title: Superintendent Big Cypress National Preserve OCHOPEE FIRE DISTRICT Signature: Name: Chairman Title r��rd'of Co sinners Si Name' g_ raw CM Title: ,clerk ' P$Llt %�' f Signature: l �- Name: Title: Fire Chief Date: 6 \ �)" Date: 2 /1,1- ?Df Date: 1 1 2� Date: ( ;a(z Appr rAlatzttlo ow rm and legal sufficiency: Jeffre County Attorney 16F 5 MEMORANDUM OF UNDERSTANDING REVIEW SEQUENCE The undersigned have reviewed this MEMORANDUM OF UNDERSTANDING for pertinence and have initiated actions for revisions, as appropriate, to the respective responsible authorities. BIG CYPRESS NATIONAL PRESERVE (Fire Management Officer) 2012 Date _ 2013 Date _ 2014 Date OCHOPEE FIRE CONTROL DISTRICT (Fire Chief) Date Date Date _ 2015 Date Date 16F 5 APPENDIX B FIRE MANAGEMENT POLICIES FOR THE PRESERVE 1. All wildland 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. 16F 5 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 malting 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 therefrom. 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.