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HomeMy WebLinkAbout22-Fire Department CITY OF SAN BERNARDINO _ REQUEST FOR COUNCIL ACTIQ RIG I N A L From: Michael J. Conrad, Fire Chief Dept: Fire Subject: Resolution authorizing the San Bernardino City Fire Department (SBCFD) to enter into a cooperative agreement with the United States Department of Agriculture (USDA), San Bernardino National Forest relating to fire protection and rescue services within the foothills of the San Bernardino Mountains adjacent to the City limits. Date: June 26, 2006 MC/C Meeting Date: July 10,2006 Synopsis of Previous Council Action: 03/20/00 Resolution No. 2000-60 approving a cooperative agreement between the San Bernardino City Fire Department (SBCFD) and the USDA, San Bernardino National Forest Service relating to fire protection and rescue services within the mutual threat zone. 06/02/03 Resolution No. 2003-112 authorizing the SBCFD to renew the cooperative agreement with the USDA, San Bernardino National Forest Service relating to fire protection and rescue services within the mutual threat zone for the term of May 19, 2003 through May 19, 2008. RECOMMENDATION: Adopt resolution. ~1,~ Signature f Contact Person: Michael J. Conrad, Deputv Chief Phone: (909) 384-5286 Supporting data attached: Staff Report, Resolution, Cooperative Agreement, and Operating Plan Ward: Citywide FUNDING REQUIREMENTS: Amount: $0 Source: (Ace!. No) ( Ace!. Description) Finance: Council Notes: R--eS(). )./JD.b -:J.'fR 7JlojMP Agenda Item No. ~ STAFF REPORT SUBJECT Resolution authorizing the San Bernardino City Fire Department (SBCFD) to enter into a cooperative agreement with the United States Department of Agriculture (USDA), San Bernardino National Forest relating to fire protection and rescue services within the foothills of the San Bernardino Mountains adjacent to the City limits. BACKGROUND SBCFD is requesting authorization to renew the cooperative agreement (Attachment A) with USDA, San Bernardino National Forest, to provide efficient use and coordination of fire fighting resources for incidents that are beyond the control of either agency and to provide the quickest appropriate initial response regardless of jurisdictional boundaries. The cooperative agreement is not intended to address only emergency or disaster relief situations, but any situation in which the mutual aid assistance will benefit both parties. The execution of the cooperative agreement between SBCFD and the USDA Forest Service, San Bernardino National Forest is for fire protection and rescue services within the foothills of the San Bernardino Mountains adjacent to the City limits. The cooperative agreement establishes the terms, provisions and conditions for providing mutual assistance in all risk incidents. The agreement has repeatedly been proven effective in mobilizing fire defense forces sufficient to materially reduce losses. The term of this cooperative agreement is for five years from the date of last signature on the agreement. Also, SBCFD or USDA has the right to terminate their participation under agreement by providing 30 days written notice to the other party. FINANCIAL IMPACT Since the execution of cooperative agreement in 2000, there has been no cost to the city. Though highly improbable, there is language contained within the agreement that addresses the issue of payment but more specifically addresses the issue of an equal exchange of assistance to avoid year-end billing. RECOMMENDA nON Adopt resolution. RESOLUTION :\0. 2 RESOLLTIO:".' OF THE !\IAYOR A:".'D COMMO:".' COU:'ICIL OF THE CITY OF SA:'" BERc'\'ARDI:\O At:THORIZI:\G THE SA:'II BER:\ARDIl\"O CITY FIRE DEPART:\IE:\T (SBCFD) TO E:'ITER I:\TO A COOPERcUIVE AGREEEME:\T WITH THE UNITED STATES DEPARTMEl'lT OF AGRlCt:LTURE (USDA), SA:\ BERcI\'ARDI:\O :\ATIO:\AL FOREST RELA TI:\G TO FIRE PROTECTIO:\ A:\D RESCt:E SERVICES WITHIN THE !\ILTUAL THREAT ZO:\E. , -' 4 5 6 BE IT RESOLVED BY THE !\IAYOR A:'ID COl\I:\IO:\ COUl\"CIL OF THE CITY OF SAN BERc'iARDINO AS FOLLOWS: 7 SECTIO:".' 1. That the CSDA Forest Service, San Bemardino )Jational Forest, hereinafter 8 called Forest Service and the San Bemardino City Fire Department (SBCFD) wish to enter into a 9 10 cooperative agreement; and 11 SECTIO:'ll 2. The Mayor or his designee is hereby authorized and directed to execute said 12 cooperative agreement, a copy which is attached as Attachment A; and 13 SECTIO'i 3. Said cooperative agreement will be for each party providing to the other a 14 reasonable and reciprocal exchange of fire, rescue, and emergency medical services in the mutual 15 threat zone. Each party agrees to undertake this reciprocal exchange of services under the terms, 16 provisions, and conditions listed in Attachment A, for the tenn of fi\e years. 17 SECTIO:\ 4. The authorization to execute the above referenced Agreement is rescinded if it 18 is not executed within sixty (60) days of the passage of this resolution. 19 il// 20 /,/// 21 IIII 22 ii//' 7' -~ fl// 24 il 25 26 27 ~D. 2Z 28 /,'':1 7 /IO/~ I,., 1 RESOLCTIO:\' OF THE '\IA YOR A:\'D CO'\1'\10:\' COl.::\'CIL OF THE CITY OF SA\' BER:\'ARDI:\O Al.:THORlZI:\'G THE SA:\' BERc"'ARDINO CITY FIRE DEPARTME\'T (SBCFD) TO E:\'TER I:\'TO A COOPERc~ TlYE AGREEDIE:\T WITH THE C:\'ITED STATES DEPART:\IENT OF AGRlCl.:LTl.:RE (l'SDA), SA:\' BERc"lARDI:\O :\ATIO:\AL FOREST RELATING TO FIRE PROTECTIO"i A:\D RESCl.:E SERnCES WITHI:\' THE '\1l.:Tl.:AL THREAT ZO:"iE. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the day of , 2006, by the following vote, to wit: :\'AYS ABSTAIN ABSE:\T Council Members: AYES ESTR.i\DA BAXTER \lCGL\l\'IS DERRY KELLEY JOID;SO~ MCC-\.\1\lACK Rachel G. Clark, City Clerk The foregoing resolution is hereby approved this day of ,2006. Patrick J. Morris, Mayor City of San Bernardino 2.+ Appro\'ed as to Form: 25 JAMES F. PEKMA~, 26 City Attorney 27 By L t/~ 28 {I 2 Ati4d~m~l1t "A" FS Agreement '\0. 04-FI-I105i ,00-008 FD Agreemenl '\0. 008 COOPER.... TIVE FIRE PROTECTIO:\ AGREDIE:\"T BETWEE:-i C:\ITED STATES DEPARTME:\T OF AGRlCUL TCRE, SAN BER"iARDI:\"O NATIONAL FOREST AND SA:\" BER'\'ARDlNO CITY FIRE DEPARHIE:"IT THIS COOPERATIVE FIRE PROTECTlO:\ ,\GREEME~T is made and entered into by and between the USDA Forest Service. San Bernardino !\:ational Forest, hereinafter referred to as the FOREST SERVICE, and the San Bernardino City Fire Department, hereinafter referred to as the DEP ARTMENT and jointly referred to as PARTIES under the authority and provisions of the Reciprocal Fire Protection Act of May 27, 1955 (42 USC 1856). the Stafford Act, Public Law 93-288 as amended (42 USC 5121 et. seq.), the Granger-Thye Act of April 24, 1950 (16 USC 572), and the Cooperative Funds and Deposits Act of Dee 12, 1975 (16 CSC 565al-3). I. PURPOSE The purpose of this Agreement is to provide for cooperation in the prevention. detection and suppression of wildland fires within the protection areas of PARTIES signatory to this Agreement. This Agreement describes the conditions in which "mutual aid" periods are established to provide resources to each other on a non-reimbursable basis. This Agreement also describes the conditions of "Assistance by Hire" on a reimbursable basis. It is also meant to provide overhead personnel for Federal Incident Management Teams and miscellaneous overhead resources. The Agreement also provides for cooperation in fuels treatments and prescribed burning within the protection areas of the PARTIES signatory to this Agreement. II. STATDIE:\'T OF MUTUAL BENEFITS A:"ID INTERESTS The FOREST SERVICE and DEPART'vIENT have responsibilities for prevention and suppression on lands administered by each agency, on private lands, and on other lands for which both parties have assumed fire management responsibilities through authorized agreements. As both PARTIES maintain prevention, detection and suppression forces to protect areas each is rosnonsl'ble ~or ;t;s mutll'llhr ad\'an'"g"oUS '1....ri ;.... tho ...."hl;C I....+"'..""s' ~Ol. th..,. ....artl.os.o th;s ...... t' u J., J.~ J .1..U....ll) I HU...:,.... uuu IU ~iI..... pUVll. LJl'-i.... I. . LU(.; pi.... L 1.111 Agreement to coordinate and assist in each other's efforts in prevention, detection, and suppression of wildland fires in and adjacent to their areas ofresponsibility. It is also mutually advantageous for both PARTIES to provide support and participate in non-fire emergencies of national scope. III. DEFINITIO:\"S See Exhibit A. FS Agreement :\'0. 04-FI-tl 051200-008 FD Agreement :\"0. 008 1\', GE:\ER.\L PROVISIO:\S 1. Al\:"I:VAL OPERA TI:"I:G PLA:\S The PARTIES will meet annually, prior to the initiation of fire season, to prepare an Annual Operating Plan (AOP). This AOP will include protection area maps for all parties, current rates for use of department equipment and personnel, lists of plincipal personnel, dispatching procedure;, and any other items identified in this Agreement as necessary for efficient implementation. This AOP shall become attached to and made a part of this Agreement. 2. RECIPROCAL FIRE PROTECTIO:\ (MUTUAL AID) As deemed appropriate, the PARTIES will establish reciprocal initial attack areas for lands of intermingled or adjoining protection responsibilities. Within such areas a Supp0l1ing P.i\RTY will, upon request or voluntarily, take initial attack action in support of the Protecting PARTY. The Protecting P.i\RTY will not be required to reimburse the Supporting PARTY for initial attack actions taking place in these areas within the first 12 hours following initial dispatch of suppression resources. All assistance beyond this mutual aid period will be Assistance by Hire and will be billed retroactively for the full period from the time of initial dispatch. Reciprocal initial attack will follow the guidelines specified in the attached AOP. 3. ASSISTAl\CE BY HIRE Assistance by Hire is the provision of fire suppression resources, by one P,i\RTY to another, on a 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 the PARTIES. Requests not processed in this manner will not be reimbursable. Personnel, equipment, supplies or se[\"]ces provided by the Supporting PARTY and essential to filling the resource order, \\'hich are necessary and reasonable, shall be considered as reimbursable as Assistance by Hire. The DEP.i\RT:vIPH may provide out.of-state assistance to the FOREST SERVICE when requested. Such assistance will be Assistance-by-Hire unless otherwise specified as mutual aid in the AOP pursuant to this agreement. Except for :vIutual Aid, all requests for fire suppression assistance in either PARTY'S OPA shall be Assistance by Hire. Any other resources provided by a supporting P,i\RTY, and not specifically ordered by the protecting P.i\RTY, shall be considered a voluntary contribution. 4. I:\DEPE:\'DE:-'-T ACTIO:-'- Except as otherwise described in the AOP, any party on its own initiative and without reimbursement may go upon lands protected by the other PARTY to suppress wildfires, if the fire is a threat to property within that PARTY'S protection responsibility. In such instances, the PARTY taking action will promptly notify the protecting PARTY. If either P ARTY takes action on a fire independently, the Supporting P.i\RTY will furnish the Protecting P,i\RTY a preliminary report (oral) within 24 hours of the action taken and a written incident report with 10 days. 2 FS Agreement :"0. 04-FI-II051200-008 FD Agreement :"0. 008 5. CLOSEST FORCES The P."cR.TIES agree to aggressively pursue initial attack plans that utilize "Closest Forces" wherever appropriate, and to identify preplanned initial attack areas within their respective jurisdictions. This philosophy dictates that the closest available resources, regardless of ownership, shall be utilized initially. The emphasis to get Ihe closest resources to respond to initial attack fires is in the best interest of all PARTIES. 6. "iOTIFICA TIONS Each P."cR.TY will promptly notify the Protecting PARTY of fires burning on or threatening lands for whicli that PARTY has protection responsibility. When taking action, the Supporting PARTY will, as soon as possible, notify the Protecting P."cR.TY in accordance with the AOP; detailing what equipment and personnel have been dispatched to the incident location. 7. BOuNDARY LINE FIRES Boundary line fires will be the initial attack responsibility of the Protecting P."cR.TIES on either side of the boundary. Neither PARTY will assume the other is aware of the fire, or is taking action. The officer-in-charge who arrives first at the fire will act as Incident Commander. When both PARTIES have arrived it will be mutually agreed to the designation of the Incident Commander or the initiation of a Cnified Command Structure. 8. COST SHARI:\'G On multi-jurisdictional incidents and incidents which threaten or bum across direct protection boundaries, the PARTIES may, by decision of the Unified Incident Commanders, jointly develop and execute a written cost share Agreement which describes a fair distribution of financial responsibilities. Billing timeframes are dictated by the cost share agreement. These timeframes supercede the billing timelines identified in Clause 16. 9. CO"1'\1u:\'ICA TION SYSTEMS The PARTIES agree to share the use of communication systems, radios and radio frequencies for the execution of this Agreement. Sharing of frequencies must be approved only by authorized personnel for each P ARTY and documented in the AOP. lO. FACILITIES, EQUIPMENT Al\'D SuPPORT The PARTIES may procure, loan, lease, share or exchange facilities, equipment and support services. This may include, but is not limited to, such things as dispatch centers, training facilities, administrati ve offices, fire stations, air attack bases, lookouts, warehouses, vehicles, fire equipment, remote automated weather stations, lightning "detection" equipment and communications equipment. AOPs may outline conditions for specific situations. Whenever it has been mutually agreed, fees for such use, as might be found in special use permits or other similar documents, may be waived. Any operational costs required for such proposed use may be shared and reimbursed by the using PARTY. Any shared cost or reimbursements will be governed in accordance with the existing policy of each P,"cR.TY. 1 l. JOINT PROJECTS The PARTIES may jointly conduct appropriate mutual interest projects to maintain or improve the fire protection capability of the PARTIES. Such projects will be properly documented, with the objectives of each undertaking and the role each PARTY wiil play in accomplishing that objective fully explained. Anticipated cost and the amount of each PARTY'S share of the cost will be shown and itemized. 3 FS Agreement :\0. 04-FI-I 1051200-008 FD Agreement '\0. 008 12. REPLACE'lENT OF FIRE SUPPLIES Replacement of PARTY-owned supplies that are lost, damaged, or expended may be re-supplied al the incident prior to demobilization and according to established procedures. 13. DETEIUnl\A nON OF CAUSE AND PRESERV A nON OF EVIDENCE The PARTIES will altempt to protect the point of origin of the fire and evidence pertaining to the fire cause. On initial attack actions, the PARTY taking the action is responsible to gather and preser\'e evidence and information pertaining to the origin and cause of the lIre. To the extent permitted by applicable County, State and federal laws, the PARTIES will cooperate to jointly investigate wildland fires of mutual interest and provide the appropriate jurisdictional PARTY with investigation files relative to specific fires. 14. TRAINING The PARTIES will cooperate to insure that jointly provided training will produce safe and effective fire and aviation programs. The intent is to provide high quality training that will minimize training costs by sharing of resources, standardization of courses. impro\'e fire fighting efficiency and safety. Training also includes panicipation of fire team members at annual Incident '.1anagement Team meetings so members can maintain competency for their specific positions. Each PARTY will bear the cost of training for their respecti\'e employees unless specifically addressed in the AOP. 15. FIRE TRAIl\ING CE'ITERS The PARTIES to this Agreement agree to reimburse (or bill) the other PARTY for fire training rendered at PARTY'S training center(s). Billing and reimbursement procedures for this training will use the process identified at the respective fire training facility. Reimbursement and billing arrangements for the rent of either PARTY'S training facilities is also considered part of this Agreement and billings will also be processed as identified by each training facility. 16. BILLI!\G PROCEDURES The Supporting PARTY will bill the Protecting PARTY for costs incurred for assistance provided and identi fied as reimbursable. Reimbursable costs may also include transportation, salary, benefits, overtime, and per diem ofDEP.A.RTME:\T personnel assigned to FOREST SERVICE Incident '.1anagement Teams and miscellaneous overhead assignments. Rates and conditions of use for the equipment and personnel will be mutually agreed to and documented in the AOP. The costs of "backfilling" employees of either PARTY into local home unit positions for personnel that have been mobilized to incidents are not reimbursable. PARTIES shall submit a bill within 90 days of the incident. PARTIES must use their own invoice for billing under this Agreement to avoid any confusion with other services that may have been ordered under other agreements(s). For the purpose of this Agreement, OES F-42 is not an acceptable support document. Invoices must identify Supporting PARTY name, address, and Taxpayer Identification Number (DEP.A.RTMENT only), fire name, order and request number, and bill number and amount. Invoice supporting documentation must include description of services perfonned, period of services performed, and any applicable cost share agreements. Supporting documentation will itemize details of billing, 4 FS Agreement "\0. 04-FI-tt 051200-008 FD Agreement "\0. 008 listing personnel. equipment. travel and per diem. aircraft. supplies and purchases as appro\'ed in the attached AOP. It ,,'ill also include itemized deductions for fl:el, oil. maintenance and repair of equipment. DEPARTC'vIE"-'T invoices wil! include "Record of Activities" (FSLA-5) and FOREST SERVICE Invoices will include transaction regi,ter. The applicable administrative rate may be applied to reimbursement billing utilizing Office of Management and Budget's, "Cost Principles for State, Local, and Indian Tribal Governments" OC'vlB Circular A.87 (60 FR 26484, dated May 17th, 1995). Applicable administrative rates must be approved and identified in the attached AOP. Invoices for services under this agreement must be sent to: Albuquerque Service Center % Incident Business - Cooperative Agreements 101 B Sun Ave.!\iE Albuquerque, ~~ 87109 Address of Fire Department: San Bernardino City Fire Department 200 E. 3rd Street San Bernardino, CA 92410-4804 All bills will have a payment due date 30 days upon receipt by the FIRE DEP ART:'vfE:'\T or FOREST SERVICE. Contested Billings: Written notice that a bill is contested will be mailed to the PARTY within 60 days ofreceipt of the invoice and will fully explain the contested items. Contested items will be resolved no later than 60 days following receipt of the written notice. PARTIES are responsible for facilitating resolution of contested billings. 17. FIRE PREVE:'\TION PARTIES agree to share responsibilities and materials for fire prevention activities. Materials may include posters for display in public buildings, businesses and the like. PARTIES will share responsibility for fire prevention and rural fire safety presentations and demonstrations. 18. FIRE RESTRICTIONS AND CLOSVRES PARTIES will coordinate declarations, such as fire season, fire restrictions and closures, within each PARTY'S policy and procedures. 19. PRESCRIBED FIRE AND FUELS MANAGEME:'\T This AGREEMENT is meant to cover the cooperation and use ofresources for the purposes of Prescribed Fire and Fuels Treatments. The PARTIES may cooperate in the development and implementation of Prescribed Fire plans. Mutually beneficial projects may be at no cost or Assistance by Hire where appropriate. In the event a wildfire results from Prescribed Burning operations, responsibility and accountability for 5 FS Agreement !'in. 04-FI-ll051200-008 FD Agreement l\ n. 008 the cost of suppression rest "irh the PARTY that has authority for igniting the bum as identified in the Rx Bum Plan. E2.ch PARTY will keep the other PARTY infonned of all Prescribed Fire operations. 20. :\A TIO\'AL E\IERGE:\CIES The PARTIES to this Agreement may respond upon request to Nationaily declared emergencies providing there are no statutory prohibitions against such use. Legal citations for this use are not outlined in this Agreement and therefore reimbursement provisions may be different than what is described herein. 21. E;\IPLOY\IE:\T POLICY Employees of the parties to this Agreement shall at all times be subject only to the laws, regulations, and rules governing their employment, regardless of incident location, and shall not be entitled to compensation or other benefits of any kind other than specifically provided by the terms of their employment. 22. EXAMI:\ATIO:\ OF RECORDS Each PARTY shall give Ihe other, or their authorized representative, access to, and the right to examine all records, books, papers and documents related to this Agreement. PARTIES shall make supporting documents available for a period of 3 years after tinal payment. 23. PRE\'IOCS AGREE'\IE:\TS CA:-ICELED This Agreement supersedes and cancels any prior Cooperative Fire Protection At,'Teement between the PARTIES. 24. FC'liDI:\G Ll'\UTA TIO:\' "othing herein shall be considered as obligating either PARTY to expend, or as involving either PARTY in any contract or other obligation for the future payment of, money in excess of funding approved and made available for payment under this Agreement and any modification thereto. 25. MODIFICA TIO:\S \-Iodifications to this Agreement 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 made. 26. \'ATIO:\'AL E\TER.\GE:\'CY I:\CIDEXT '\IA:\AGE'\IEl'IT SYSTEM The PARTIES to this Agreement will operate under the concepts defined in the 1\ ational Interagency Incident '-1anagement System (NIlMS) including: Incident Command System (ICS), qualifications system, certification system, training system, the management of publications, and participate in the review, exchange, and transfer of technology as appropriate for providing qualified resources, and for the management of incidents covered by this Agreement. 27. FIREFIGHTER & OVERHEAD OUALlFICA TIO:\S FOREST SERVICE agrees to send qualified perscnnel who meet all the position requirements specitied in FSH 5109.17 (meets or exceeds PMS 310- I) to any DEPARTMENT incident. The DEPARTMENT agrees to send qualified personnel who meet the training and qualification standards specified in :\'ational Wildfire Coordinating Group's (:\'WCG) P\-IS 310-1 to any FOREST SERVICE incident, IMT assignment or overhead req uest. 6 FS Agreement :\0. 04-Fl-ll 051200-008 FD Agreement :\'0. 008 28. PERSO'\AL PROTECTIVE EOClP'IE:"T The PARTIES agree to provide their respective responding personnel with appro\cd personal protective equipment (PPE) suitable for the assigrunent. In the case of FOREST SERVICE resources. XFPA standards apply in wildland fire situations. In the case ofDEPARTME:\T resources :\FPA or CAL OSHA. title 8 specifications meet the requirement. At no time will personnel respond without the approved PPE. ~9. LA W E:"FORCEI\IE:'-iT Law enforcement efforts shall be coordinated to the maximum extent possible. at all levels by all PARTIES. The PARTIES shall render mutual assistance in law enforcemcnt activities and the gathering of evidcnce, and in actual court prosecutions to the fullest extent practicable. 30. EOLIPI\tENT Equipment owned and used by either PARTY to suppress fires on lands for \\'hich the other is responsible shall nom1ally be operated, serviced, and repaired by the owning PARTY. Fue], lubricants. and maintenance are the fiscal responsibility of the Supporting PARTY. Special rates for Federal Excess Personal Property (FEPP) equipment will be displayed in the rate schedules, which eliminates any purchase or replacement costs for the apparatus. 31. WAIVER OF CLAnlS AGAI'\ST THE PARTIES The PARTIES signatory to this Agreement hereby waive all claims between and against each other, arising in the perfonnance of this Agreement, for compensation for loss or damage to each other's property, and persona] 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. 32. '\O'\DISCRIMIi'\ATIO:" The PARTIES shall comply with all Federa] statutes relating to nondiscrimination and all applicable requirements of all other Federa] laws, Executive orders, regulations, and policies. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (42 C.S.e. 2000d, 2000e-16), which prohibits discrimination on the basis ofrace, color, disability, or national origin; (b) Title IX of the Education amendments of 1972, as amended (20 U.S.e. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; and Section 504 of the Rehabilitation Act of 1973 as amended (29 USe. 794) which prohibits discrimination on the basis of disabilities. 33. ACCIDE:-;'T INVESTIGATIOl'\S Whenever an accident occurs involving the equipment or personnel of a Supporting PARTY, the Protecting PARTY shall take immediate steps to notify the Supporting PARTY that an accident has occurred. As soon as practical, the Protecting PARTY shall conduct an investigation of the accident. Costs for investigation personnel are P ARTY-specific and will be borne by the sending PARTY. Other accident or incident investigation costs are the fiscal responsibility of the PARTY(lES) that has jurisdiction and/or investigative responsibility. The sharing ofinfonnation between PARTIES on accident investigations aEd their findings and probable causes is a valuable tool for safety and must be encouraged. 34. FREEDOI\I OF Il'\FORMA TION ACT (FOIA) Any infonnation furnished to the Forest Service under this instrument is subject to the Freedom oflnforn1ation Act (5 USe. 552). 7 FS Agreement :\'0. 04-FI-ttO;;t200-008 FU Agreement :\'0. 008 35. DEBT COLLECTIO:\' Ij\(PRO\"E:\IE:\'T ACT The DEPARDIE:\T shall furnish thei" tax identification number (TIN) upon execution of this Agreement. The DEPARTMEl\T may wish to enroll in the Automatic Deposit program. Information concerning this program can be found at: ww\\-.nfc. usda. Q:o\'/dciaiefi \veb.htnl. 36. TERMI:\'A TIO:\' Both P ARTlES retain the right to terminate their participation under this Agreement by providing 30 days written notice to the other PA....~TY. 37. LEGAL Al.:THORITY The DEPARTMENT certifies that the person executing this on their behalf has the legal authority to enter into this Agreement. 38. COMME:\ICEMENT/EXPIRATIO:'ol DATE This instrument is executed as of the date oflast signature and is effectivc for fi ve years from that date, at which time it will expire unless renewed. 39. AL TER"iA IE DISPUTE RESOLl.:TION In the e,'ent of any issue of controversy under this Agreement, the Pi\RTIES may pursue Altcrnate Dispute Resolution procedures to voluntarily resolve those issues. These procedures may include, but are not limited to, conciliation, facilitation, mediation, and fact finding. 40. PRI:\'CIPAL CONTACTS The principal contacts for this instrument are: FOREST SERVICE CO:\TACT Dan Gosnell Battalion Chief (909) 382-2632 Fax: (909) 383-5770 dgosnell@fs.fed.us DEPARTMENTCO:\TACT Mike Conrad Deputy Fire Chief Bus: (909) 384-5286 Fax: (909) 384-5281 Email: conrad_mi@sbcity.org FOREST SERVICE GR..A.:\TS At\D AGREEMEt\TS SPECIALIST Bonnie Harris Grants and Agreements Coordinator (626) 574-5246 8 FS Agreement :-;0. 0~-FI-II051200-00S FD Agreement :-;0. 008 FIRE DEPARD1ENT AD\lI'.:ISTRATIVE CO'.:TACT \1ike Conrad Deputy Fire Chief (909) 384-5286 DEPARTME;\T TAXPAYER JDENTlFICA TlO:\" I\"UMBER: 95-6000772 REVIEW: Bonnie Harris FOREST SERVICE GRi\NTS A)JD AGREE\1El\'TS SPECV\UST Mike Conrad, Deputy Chief DEPARTMEl\'T REVIEWER Date Date APPROVAL: 1:\ WITNESS WHEREOF, the parties have executed this Agreement as of the last date written below: Jeanne Wade Evans FOREST SUPERVISOR Patrick J. Morris, \1ayor CITY OF SAN BER.'\"ARDI'.:O Date Date Exhibit A, Definitions Exhibit B, Annual Operating Plan Exhibit C, Form FSLA-5 Record of Activity Exhibit D, Maps 9 FS Agreement :-;0. 04-FI-1l051 200-008 FD Agreement :-;c. 008 COOPER.HIVE FIRE PROTECTIO:\ AGREEMPH EXHIBIT A DEFI:-.'ITIO:'iS ADMI'\"ISTRA TIVE RATE: That pre-established percentage charge that will be applied by the billing PARTY. AIRCRAFT: Any firefighting fixed or rotary-winged aircraft owned or contracted exclusively to the DEPARTME"T or FOREST SERVICE. ASSISTA'\"CE BY HIRE: Fire suppression resources and associated support resources needed to fill the incident order that are to be paid for by the Protecting Pi\RTY. Reimbursement may be actual cost or according to pre-established rates. A VAILABLE: Following the Incident Command System protocols, the status of a fire fighting resource that indicates its availability for assigrullent on an incident. BACKFILLI'\"G: The act ,)fproviding cover staffing at the station or administrative site that has been vacated by the resources pro\"ided to the incident BOL~DARY FIRE: A fire burning on or directly adjacent to the Direct Protection Boundary between the DEPARTME"T and the FOREST SERVICE. CLOSEST FORCES CO'\"CEPT: The philosophy of committing the closest available appropriate resources, regardless of ownership, as described in the Arumal Operating Plan, to a wildfire for initial attack or for critical need. COOPER-'^' TIVE FIRE PROTECTION: Specific fire protection services furnished by one party to the other on a reimbursable basis pursuant to the Arumal Operation Plan. COST SHARE AGREE'.fE'\"T: An interagency ab'Teement describing the conditions and/or percentage ofDEPART'.1E'\"T and FOREST SERVICE financial responsibility for costs incurred as a result of jointly approved operations pursuant to the terms of this agreement. DETECTlO'\": The act or system of discovering and locating a fire. DIRECT PROTECTION AREA (DPA): That area which, by law or pursuant to the terms of this agreement, is provided wildland fire protection by the DEPARTMENT or by the FOREST SERVICE. DPAs may include a mixture ofDEPARTME1\'T and fOREST SERVICE responsibility areas. 10 fS Agreement :-;0. 04-fl-ll051200-008 fD Agreement :-;0. 008 DiRECT PROTECTIO:\ AREA \IAPS: Omcial maps which identify areas of direct wildland fire protection for each PARTY. FEDERAL EXCESS PERSO:\AL PROPERTY (FEPP) PROGRA\1: A program in which Federal property originally purchased for use by a Federal agency, but no longcr needed by that entity, is acquired by the USDA Forest Ser..ice for loan to one of the 50 States or the Territories for use in the State's rural or wildland fire protection program. As a result, the equipment stays in service to .A.merica, protecting lives and propcrty across the nation. The term "personal" simply refers to any tangible property that is not real estate. This can include trucks, aircraft, personal protective equipment, fire hose, et cetera, but not buildings. FIRE HELICOPTER: A rotary wing aircraft provided by the DEPARTME:\T or the FOREST SERVICE for planned availability and initial attack fire response. FIRE PREVE:\TIOl\: Activities directed at reducing the number of fires that start, including public education, law enforcement, dissemination of information and the reduction of hazards through engineering Inethods. FIRESCOPE (Firefighting Resources of California for Potential Emergencies): A cooperative effort in\olving all agencies with fire fighting responsibilities in California. Organized to create and implement new applications in fire service management, technology and coordination, with an emphasis on incident command and multi-agency coordination. HA'\1)CREW: A wildland fire suppression crew consisting of approximately 15 to 20 persons. HELIT ACK: A fire fighting module consisting of a "fire helicopter", helitender, and fire fighting crew. The number of personnel in the crew may vary. HOSTlI'iG U:\IT: The organization or area responsible for the incident or the area where the incident occurs. I:\CIDE:\T: An occurrence or event, either human-caused or natural phenomenon, that requires action by emergency service personnel to prevent or minimize loss of life or damage to property and/or natural resources. T:\ITIAL A TT ACK: Resources initially committed to an incident. LINE OFFICER! AGENCY REPRESE:\T A TlVE: A Supporting PARTY employee with full authority to make decisions on all matters affecting that PARTY'S participation at the incident. MOVE-L1> A1\1) COVER: Identifies a relocation of fire suppression resources from their established location to a temporary location to provide fire protection coverage for an initial attack response area. II FS Agreement 7'0. 0~-F1-11051200-008 FD Agreement 7'0. 008 \lLTLAL .\ID: Automatic initial attack response by suppression resources (excluding aircraft and pilot~sj) as specified in the Operating Plan for specific pre-planned initial attack response areas and provided at no cost to the Protecting PARTY for the first speciiied hours from the time of initial repoI1. Mutual Aid is limited to those Initial Attack resources or move-up and cover assignments that ha\'e been deten71ined to be appropriate in the annual Operating Plans. Aircraft (fixed and rotary-winged, including pilot[s]) shall always be Assistance by Hire. PRESCRIBED FIRE: The planned use of fire on wildlands to accomplish specific objectives including reducing fire hazard, pro\'iding flood protection, enhancing wildlife and fisheries, or improving water yields and/or air quality. PROTECTI"iG PARTY: The PARTY responsible for providing direct wildland fire protection to a given area pursuant to this agreement. RECIPROCAL FIRE PROTECTION (MUTUAL AID): Automatic initial attack response by suppression rcsources as specified in the Annual Operating Plan for specific pre-planned initial attack response areas and provided at no cost to the PROTECTING PARTY for the specified mutual aid period. Aid is limited to those resources or move-up and cover assignments that have been deternlined to be appropriate in the Arl1lual Operation Plan. REIMBURSABLE WORK: Reinforcements exceeding reciprocal fire protection services furnished by either PARTY, at the request of the other, or fire protection furnished as a chargeable cooperati\'e fire protection service REPAIR OF SUPPRESSIO~ ACTIVITY DA\lAGE: Those activities undeI1aken by fire suppression forces during or immediately after the control of a wildfire to insure the prevention of erosion or to repair other damages resulting from fire suppression activities. SUPPORTING PARTY: The PARTY directly contributing suppression, rescue, support or service resources to the PARTY possessing direct fire protection responsibility for the arca upon which an incident is located. SL l'PRESSIO~: All the work of confining and extinguishing a fire beginning with its discovery. L:-.JIFIED COM\1A):l): The organizational stmcture implemented on multi-jurisdictional incidents. The PARTIES' Incident Commandcrs wil1jointly determine incident objectives. WILDFIRE: An unwanted fire buming uncontrolled on wildland. WILDLAND: Lands covered wholly or in part by timber, brush, grass. grain. or other flammable vegetation. 11 FS Agreement No. 04-F1-11051100-008 FD Agreement No. 008 FD Tax ID No. OOll000008 Exhihit B 2006 ANNUAL OPERATING PLAN FOR COOPERA TIYE FIRE PROTECTIO~ AGREEMENT Between UNITED STATES DEPARTMENT OF AGRICULTURE, SAN BERNARDINO NATIONAL FOREST and SAN BERt"lARDIl'iO CITY FIRE DEPARBIENT ANNUAL OPER.\TI~G PLAN The PARTIES will meet annually, prior to the initiation of fire season to prepare an Annual Operating Plan (AOP). This AOP will include protection area maps for all PARTIES. current rates for use of department equipment and personneL lists of principal personnel. dispatching procedures. and any other items identified in this Agreement as necessary for efficient implementation. This AOP shall become attached to and be a part of the Agreement. !\1UTl'AL AID RESPONSE PROCEDURES \1utual aid is the initial attack response by both DEPARTMENT and FOREST SERVICE suppression resources that are identified in each PARTY'S Emergency Command Center's run cards or computerized automated dispatch system (CAD). The Protecting PARTY will not be required to reimburse the Supporting PARTY for initial attack actions taking place in these areas within the first 12 hours (as identified in the Agreement) following initial dispatch of suppression resources. All assistance beyond this "Mutual Aid" period will be assistance by hire and will be billed retroactively for the full period from the time of initial dispatch. Aircrati (fixed and rotary-winged) including pilot(s) shall always be Assistance by Hire. DESCRIPTION OF FOREST SERVICE DIRECT PROTECTION AREA (DPA) Federal lands within the San Bernardino National Forest boundary. DESCRIPTIOi\' OF DEPARTMENT DIRECT PROTECTIOi\' AREA (DPA) Land contained within the City limits of San Bernardino. CLOSEST FORCES The DEPARTMENT and the FOREST SERVICE agree to adopt the "Closest Forces" concept for initial attack. This philosophy dictates that the closest available appropriate resource regardless of ownership shall be utilized initially. The emphasis to get the closest appropriate FS Agreement :\0. 04-Fl-ll051200-008 FD Agreement :\0. 008 FD Tax lD :\0. 000000008 I resources to respond to initial attack fires" is in the best mterest of both PARTIES. This concept of "Closest Forces" will also be applied to ongoing incidents whenever there is a critical and immediate need for the protection of life and property. Beyond initial attack, the "Closest Forces" concept is modified and the Protecting PARTY wiil request the most appropriate resource to aid in the suppression of a wildfire. 'lOVE-UP A:\'D COVER ":vIove-up and Cmu" is the reallocation of fire suppression resources from their established location to a temporary location. For this agreement, "Move-up and Cover" is limited to moving Supporting PARTY engine companies and dozers (if applicable) to Protecting PARTY facilities which have been temporarily vacated because of emergency activity. The Protecting PARTY may prm'ide subsistence and lodging at no cost to the Supporting PARTY. :'vlutual Aid (if applicable) ":'vIove-up and Cover" will be at no cost to the Protecting PARTY for the initial :'vIutual Aid period agreed to in this Agreement. While in the Mutual Aid period (if applicable), if the Supporting PARTY'S resources are dispatched by the Protecting PARTY to a fire, Assistance by Hire will apply unless the fire is located in an area of predetermined aid (as agreed to in this Agreement). In no case will FOREST SERVICE resources be held in ":'vIove-up and Cover" status beyond the end of their 16 hour maximum duty day. SI:\'GLE POL\T RESOURCE ORDERI:\'G Any and all requests for emergency assistance and incident support on cross boundary incidents must be clear and precise and shall be processed and recorded through a single dispatching center identified by the Incident Commanders of both PARTIES (Unified Command) and supported by order and request numbers. COiWVllJ:\'ICATIO:\'S A'\'D FREOUE'\'CY :\IANAGEME:\'T The PARTIES agree to utilize the frequencies assigned by the Emergency Command Centers for the management of an incident. This includes the assigned Command and TaClical Frequencies. In the case where the PARTIES' administrative frequencies have not been assigned for those purposes, the use of those frequencies must be temporarily suspended. \Vhile away from the home geographic area and traveling to and from an incident, the PARTIES agree to suspend the use of their respective pre-assigned frequencies. These frequencies are licensed through the Federal Communications Commission for specific geographic areas and are not to be used outside those areas. Family recreational "walkie-talkie" type radios are prohibited from use while traveling to and from an incident or while on any federal incident. 2 FS Agreement No. 04-FI-ll051200-008 FD Agreement :\'0. 008 FD Tax ID 'io. 000000008 SHARI~G FREQlT\CIES The DEPART\IDiT agrees to authorize use by the FOREST SERVICE of the following frequencies: 800 MHz system: 10-SBFD-l 10-SBFD-2 10-SBFD-A 10-SBFD-B 10-SBFD-C 10-SBFD-D 10-SBFD-E 10-HAC-l 10-HAC-2 10-CTAC-l 10-CTAC-2 Thc Forest Service does not nonnally carry 800 \1Hz radios, but in the event they have access to these radios, they will ha\'e authorization to use these talk groups. The said talk group use shall be dcsif,'11ated by the San Bernardino City lncident Commander in either single or unified command of the incident. These frequencies will be used for fire/emergency only within or adjacent to the DEPART\1E"irS responsibility area. The FOREST SERVICE agrees to authorize use by the DEPART'vIE"iT of the following frequencies: Forest "iet Rx 171.475 Tx 169.875 Air to Ground 170.000 Tac 1 168.050 Tac 2 168,200 Tac3 168.600 These frequencies will be used for fire,'emergency only within or adjacent to the FOREST SERVICE'S responsibility area, FS Agreement No. 04-FI-1I051200-008 FD Agreement :-; o. 008 FD Tax ID :-; o. 000000008 OPER,\TIO\'AL & Dl'TY OFFICER CO\'TACTS SA:\ BER:\ARDP.\O CITY FIRE DEPARTME:\T DCTY OFFICER CO:\TACT SAN BERNARDINO CITY FIRE DEPARTMENT FIRE MANAGEMENT ! Mat Fratus i 602 '909.384.5286 ! i 7413 ! Mike Alder ,603 909.384.5279 I 909.289.0216 ! 7411 i Howard Bennett ' 603 909.384.5279 i 909.289.0216 I 7412 , Allen Simpson 603 i 909.384.5279 909.289.0216 ' 7416 I Dan Dickerson 604 ! 909.384.5401 909.754.1271 17403 ! Jess Cameos '604 I 909.384.5401 I 909.754.1271 ! 7418 , Denis Moon I 604 ! 909.384.5401 : 909.754.1271 ! 7417 , 7402 17415 FOREST SERVICE DUTY OFFICER CONTACT SAN BERNARDINO NA TIONAL FOREST FIRE and A VIA TlON MANAGEMENT I Chief 1 I Chief 2 I Chief 3 : Div 10 , Div 9 , , Safety 1 'kBdC(j;;;ii'i- ,WOrllt~};ri'."".Mbblle . " Pt{ er;....~j%#.:.};\'!:t\-~; ..~'l.l~t~l; ~~~.:;t.r.;;7y..~.;...C:~.tJ~i~;~fl~atI. 909.~82.2600 S8COP' 606 J6"< '34,04:0.t'i-117,17.01'~' , 909.382.2629 I 951.228.5241 i 909.422.7728 , 909.382.2630 I 951.315.5119 I 909.535.9265 909.382.2633 951.313.5453 : 909.432.2206 , 909.382.2635 I 951.223.7655 I 909.223.7655 : 909.382.2632 ! 951.317.9483 909.432.6830 ! 909.382.2631 i 951.754.0560 , 909.432.2326 Name" SUPERVISOR'S OFFICEt';;,,'i;'""~ c .'. ':~;',_ '/;?":'''',C'-:,..-,, '''<i;:~:(~-: 1824 Commllrcenter Cir, San"',., Bemardirio,CA 92408'" ;" I Mike Dietrich I Rock 0 Ii er i Dan Snow I Fuels Vacant Dan Gosnell ! Dave Edgar SBI~.Kf~ ~1~E':;cJ.\:;fy'J;i,".t;. Perimeter Roa<!';S'an' B'erTiardlno',. Internat'l Airport,Sane . i.;....:,,;;'!; Bernardi~o,CA' "." .J'" " :,'" Vacant I Tom Inocencio , l'1f~~~~'tJ~~~1:w,~.~, . 2.29119 SBCO P 60701' 14.9' ,'.0 ..,........ 909.382.2993 I 951.560.5001 I 909.382.2989 : 0 i 4 FS Agreement No. 04-FI-ll051200-008 FD Agreement No. 008 FD Tax ID No. 000000008 FRONT COUNTRY DISTRICT FIRE and A VIA TION MANAGEMENT .~t!tf7J~:Lfliol~toft~,;~. . ......q.... ...,~..A "1.,...... JttI........ .M... CtH1(>mnFoh'Il.;...A<9Z3~~;tli~: . "'1.f1CI~' ""'i!"$'o' i~;i;:'i!'1"', h"'" -.. . c......, _,' ." .,i! '.; .~._., .~...J,f.t{ - ;'{~"t:?!i~_":i,.c,,','; ..... "::0'.' "z,'''''''''''':';>1;'1O... .::..I"....-':.......~."'". ,'-;.:. ,:;, .34" l' '" ';..y...R"'Ad"".>.P,.."".'i.... . .. r' '. II, ',_ '~",,:n.. ,UClI ",~...,~,.tJ,-.~''::''~i. '-<,- -;J; 'i.''''~''''''''.'''2-3...":...1",,,'''~<<i,. ''''''''0''',''' '.' menlone",,..:I , ~~_",~.":r..,,,. ':..': !~?i2' _....r;:;.::.:..~,~r;~ I Mike Wakoski Div 3 I Vacant Batt 31 Ma Bo ens Batt 32 I Scott Wagner I Batt 33 , Ken Kempter I Batt 34 Vacant I Batt 35 951.236.1925 I 909.315.5854 909.236.1925 i 909,315.5853 I ~09.224.4315 10 o , 909.432.0059 909.432.2101 o o FOREST SERVICE L~E OFFICER CONTACT Jeanne Wade Evans Max Copenhagen I Forrest I Supervisor , Deputy Forest i Supervisor i 909.382.2'600 I 951.315.5862 I : : , 909.382.2603 ' 951,316.4561 I 5 FS Agreement :\0. 04-FI-IIOS1200-008 FD Agreement :\ o. 008 FD Tax ID :\ o. 000000008 CS QUALIFIED LIST AND I:\1T PERSONNEL IMT ~lEMBERS George Asery- FACL- So Cal Team 3 Paul Drasil- DIV/GRP SLiP- So Cal Team 2 QliALIFIED FIRE OVERHEAD Mike Conrad - Incident Commander II. Operations Section ChiefII, STL, DIV/GRP SliP Mat FralUs- STL and DIV/GRP SliP Mike Alder- STL Howard Bennett- STL Dan Dickerson- STL and Resource Unit Leader Denis Moon- STL Allen Simpson- STL TRAINEES Both PARTIES agree to the use of trainees when practical; however, the automatic dispatch of or use of trainees will not occur without prior appro\'al of the hosting unit or Incident Commander. If a hosting unit or Incident Commander agrees to a trainee then the hosting unit will bear the cost of that trainee. If a sending unit decides to send a trainee on their own, the cost will be the responsibility of the sending unit. PA Y:\IEI\"T OF STRUCTURE PROTECTION For wildfires within the DEP ARTME:\T'S or FOREST SERVICE'S DP A, the financial responsibility for the protection and suppression of structures remains with the Party \vho has statutory responsibility for structure suppression and protection. For incidents invol\'ing both DEPARTME\'T and FOREST SERVICE DPAs the cost share agreement should reflect the DEPARTME~T'S structure protection/suppression responsibilities and financial obligation within its jurisdiction, In situations when the DEPARTMENT orders additional resources and initiates additional actions beyond the level deemed necessary by the unified command, the DEPARTMENT is responsible for the costs, 6 FS Agreement :\'0. 04-FI-ll051200-008 FO Agreement:\' o. 008 FO Tax IO :\'0. 000000008 RATES FOR FEDER-\L EXCESS PERSO:\AL PROPERTY PROGR-\'\I- FEPP Under the FEPP program. FEPP rates apply when federal property is loaned to the State Forester. who may place it with local fire departments to improve local fire programs. If this loaned federal property is used on a FOREST SERVICE incident, the DEPARTMENT will only charge the FOREST SERVICE tor operating costs that include maintenance, fuel, and oil. Charges may not include amOl1ization, depreciation, replacement costs, modification, start-up costs, or related charges. CITY - COC:\TY FIRE DEP ARHIE:\T REIMBl'RSEME:\'T RATES A:\'D l\IETHODOLOGY The DEPARTME:;T and FOREST SERVICE acknowledge the special legal requirements of each PARTY to provide backfill coverage (to respond to subsequent emergencies) that becomes necessary as a result of the execution of this Agreement. To that end, the reimbursement rates established are designed in a generic way to provide tor any such backfill need. As such, accounting for backfill in the billing submission is not necessary and should not occur. The DEPARTME:;T will prepare a FSLA-5 (Record of Activities). The FSLA-5 and supporting documentation is the basis for reimbursement and invoice preparation. This form is provided by the FOREST SERVICE and is attached as Exhibit C to this agreement. The form FSLA-5 must be signed by a responsible officer of the DEPARTMENT and by the FOREST SERVICE Incident Commander or Finance Chief and attached to the invoice. Imoices must identify Supporting PARTY name, address, and Taxpayer Identification Number, fire name, order and request number, and bill number and amount. Invoice supporting documentation must include description of services performed, period of services pertormed, and description of any applicable cost share agreements. Suppol1ing documentation will itemize details of billing, listing personnel, equipment, travel and per diem, aircraft, supplies and purchases as approved in the attached AOP. It will also include itemized deductions for fuel, oil, maintenance and repair of equipment. OES F-42 (Emergency Activity Record) "ill not be used DEPART\1ENT RElYiBLTRSEMENT RATES Reimbursement rates for personnel, apparatus and equipment will be developed and submitted to the FOREST SERVICE for approval by May 1st each year. The rates will be documented annually in the AOP. The rates agreed to herein \vill be used for all FOREST SERVICE billings, providing consistent charges for services. The basis for reimbursement will be Assistance by Hire. Assistance by Hire rates and reimbursements will be based on the following guidelines: 1. PERSO:\:\'EL: a. 56-hour Personnel In accordance with the definition and description of Assistance by Hire, costs incurred by DEPARTMEl'\T in sending resources in response to requests from the FOREST SERVICE for assistance with 56-hour personnel is Overtime (time and one-half) with Benefits, Portal-to-Portal 7 FS Agreement "'0. 04-FI-ll051200-008 FD Agreement "'0. 008 FD Tax 1D "'0. 000000008 (from tr.e time of dispatch until the time of return). DEP.ART:-'1E"iT shall develop rates equivalent to O\'ertime with Benefits by rank for all 56-hour personnel, to be included herein. These rates will be utilized in calculating the reimbursable cost to be billed to the FOREST SERVICE. b. -lO-hour Personnel In accordance with the definition and description of Assistance by Hire. costs incurred by DEP.ARTME?\T in sending resources in response to requests from the FOREST SERVICE for assistance with ..lO-hour personnel is a combination of Straight-time with Benefits, plus Overtime (time and one-half) with Benefits, Portal-to-Portal. Assistance by Hire rates for 40-hour Personnel will be developed, agreed to in advance, and published annually herein, based on the \\eighted average of Straight-time with Benefits (23.8%) and Overtime (time and one-half) with Benefits (76,2%) by rank. c. Management Personnel Reimbursement by the FOREST SERVICE for DEPARTMENT :-'1anagement Personnel will be based on Straight time with Benefits, for hours \vorked. As Management, these personnel are not eligible for Overtime at time-and-one-halfbase salary, but do continue to earn "Overtime" at the rate of Straight-time with Benefits ("overtime" benefit rates apply for hours in excess ofnorrnaI work schedule). Assistance by Hire rates for DEPARTMENT Management Personnel shall be developed, agreed to in advance, and published annually herein. d. Organized Emergencv Crews Organized Emergency Crew resources may include Type I and 2 Crews, Fuels Crews ('vlodules), and flight crews. Crews are billed at a rate equivalent to hours worked times established hourly Salary plus benefits, Overtime with Benefits, and Hazard Pay where applicable. Assistance by Hire Rates for these crews will be developed, agreed to in advance, and published annually herein. e. fOREST SERVICE Personnel and Equipment Reimbursable FOREST SERVICE costs will include all actual costs associated with the direct fire operations and incident support ordered by or for the incident (except as otherwise described as reciprocal initial attack as identified in herein, and independent action situations. The DEPARTMENT will be billed for support to incidents that are the jurisdictional responsibility of the DEPARTME"T. 2. APPARATl'S Al\'D SUPPORT EOL'lP:\lE:\T: a. FEDERAL EXCESS PROPERTY PROGRAM (FEPP) EOClPMENT Under the FEPP program, FEPP rates apply when federal property is loaned to the State Forester, who may place it with local fire departments to improve local fire programs. If this loaned federal property is used on a FOREST SERVICE incident, the DEPARTMENT will only charge the FOREST SERVICE operating costs that include maintenance, fuel, oil, etc. Charges may not s FS Agreement :'\0. 04-FI-I1051200-008 FD Agreement "io. 008 FD Tax 10 "io. 000000008 include amortization, depreciation, replacement costs, modification, start-up costs, or related charges. b. GROL:.JD RESOURCES Cse rates for all DEPARTYlE~T and FOREST SERVICE -owned motOlized ground equipment pro\"ided as Assistance by Hire shall be paid at the rate established by each PARTY for its equipment. These rates will be updated mmually, agreed to in advance, and published herein. Rates for motorized equipment will include motor fuels and lubricant costs. Charges for motor fuels and lubricant costs supplied by the Protecting PARTY will be deducted by the Supporting PARTY in their submitted invoice (bill). c. EMERGE:-iCY EOlilPYlENT RE:-iT AL AGREEME!\'T (EERA) The DEP AR TYlENT and FOREST SERVICE agree to jointly use Emergency Equipment Rental Agreements ("EERi\") and Interagency EERA rates for privately owned equipment hired for fires. Instruction for administering these agreements has been provided in the California Interagency Emergency Equipment Rental Rate Packages submitted to each PARTY'S operational and administrative units for payment processing. d. AIRCRAFT Flight and Stand-by rates for Aircraft will be developed, agreed to in advance, and published annually herein, utilizing the rates and/or methodology utilized by the California Department of Forestry and Fire Protection (CD F). Assistance by Hire rates and reimbursements for Aircraft will be based on the following guidelines: 1. FIXED WTI\'G Reimbursements will be based on Aircraft rate which includes pilot costs. The Air Tactical Group Super\"isor ("'A TGS") will be itemized separately. A TGS Stand-by rates will be determined based on personnel costs. 2. HELICOPTER Reimbursement will be based on CDF Type 2 helicopter rate (same CDF UH-IH Super- Huey specification and cost basis) which includes pilot costs. Helitack crew with Helitender, Fuel Truck and chase \"ehicle (e.g. I-Ton Pickup) will be itemized separately. Flight Crew and Crew Carrying Vehicle (CCV) will also be itemized separately. e. SCPPORT EOCIPME:\T Cse rates for all DEPART:\1E:\T and FOREST SERVICE-owned support equipment provided as Assistance by Hire shall be paid at the rate established by each Pi\RTY for its equipment. Support equipment and rates will be updated annually, agreed to in ad\"ance, and published herein. Personnel assigned to support equipment will be itemized separately. 9 FS Agreement :>;0. 04-Fl-11 051200-008 FD Agreement :>;0. 008 FD Tax ID :>;0. 000000008 EQUlP!\lD'T & fJ,REFIGHTER PAY RATES A:\'D CLASSIFICATIO"i 2004 10 fS Agreement :"0. 04-FI-ll05l200-008 FD ..-:.greement ~o. 008 FD Tax 1D :"0. 000000008 PCBLlSHED DEPARDIE:\'T APPARA TCS AND PERSO:\':\IEL RATES: Personnel rales are eSlablished on an annual basis. effeclive Augusllhrough July for lhe calendar year. Personnel Costs (average cost) Base Rate Overtime Rate Chief 577.4231 NJA Depuly Chief 569.7327 KIA Dixision Chief 563.4500 NIA Ballalion Chief 541.1223 KIA Fire Caplain 532.3242 548.4863 Fire Engineer 528.0096 542.0144 Fire Fighter 525.1456 537.7184 Fire P\1/FF 526.9402 540.4103 Administrative Personnel 529.2212 :\'/A Apparatus Cost (average cost) Cost Per Hour Engine Company Type 1 (Capt., Engr., PM/FF. FF) $235.33 Engine Company Type III (Capt., Engr., PM/FF, FF) $235.33 Water Tender (Capt.,Engr., FF) 5193.41 Ladder Truck (Capt., Engr., & FF) 5193.41 Hazardous-Materials Vehicle (Capt., Engr. & PM/FF) 5193.41 \1edium Rescue Vehicle (Capt., Engr., PM/FF & FF) S235.33 Light Plant/Breathing Support Veh. (Capl, Engr., P"vl!FF & FF) 5235.33 Command Vehicle (Battalion Chief) 5101.91 11 FS Agreement :\0. 04-Fl-IIO;1200-008 FD Agreement'" o. 008 FD Tax ID :\0. 000000008 PlJBLISHED FOREST SERVICE APPARATCS A"ID PERSO"lNEL RUES: Personnel rales remain the same as were set in 2003 by utilizing a combination of the existing AD Pay Plan, CDF's EFF rates. and averages taken from the annual OES "Salary Survey". Rates are modified by a factor of 1.25 to represent overtime that would occur should a 16 hour shift be implemented. Consequently, the rates have embedded within them an overtime component. Firefighter Apparatus Engineer Engine Captain Flat Rate for Crew Company Officer Battalion Chief Division Chief Assistant Chief Deputy Chief Chief Administrative Personnel 514.6" per hour 5 18.25 per hour 5 18.25 per hour 55,090 per day 5 18.25 per hour 520.40 per hour 522.95 per hour 525.69 per hour 527.88 per hour 530.50 per hour 5 18.25 per hour PVBLISHED FOREST SER\"ICE EOCIP'\IE"IT PAY RUES EQlJIP:\IE'iT PAY RATES The 2004 equipment rates remain the same as 2003, using a combination of gallons per minute, FPv1A horsepower rates, mode rates as taken from the Local Agreement review, and EERA rates which '.'-ere modified to reduce the profit and risk margins normally afforded to private industry. EQlJIPl\IE,,-"T RUES - E'iGI'iES . Type I Engine . Type 2 Engine I Type 3 Engine Type 4 Engine 12 FS Agreement :"0. 04-FI-II051200-008 FD Agreement :" o. 008 FD Tax ID :" o. 000000008 . S55/hour S55/hour S45'hour i S35 'hour FEPP S5 Uhour ; FIPP S51/hour FEPP 541/hour , FEPP 531 "nour i EQt:IP:\fEl\"T RATES - \VATER TENDERS Type 1 Water tender ; Type 2 Water tender , i Type 3 Water tender S34il10ur ; S34/hour , i i FIPP S30/hour i , ; S30/hour I i FIPP 526/hour FEPP S30/hour EQt:IP'\fE:\'T RATES - BULLDOZERS I Type 2 Dozer ! S55/hour I Type 3 Dozer : 542/hour , Type 1 Dozer 577 /hour FEPP S72/hour I FEPP S50/hour FEPP 537/hour EQUP'\fEl\"T RUES - TRANSPORTS Transport Wi Low Boy 51.47 per mile (consider -1.05%) FEPP Transport w/Low Boy 51.27 per mile (consider + 1.05%) EQUIP'\fENT R<\ TES - VEHICLES Sedan 539 per day Pickup 547 per day Van S55 per day SUV 562 per day Crew Carriers 595 per day Other (unspecified) S62 per day POV 50.36 per mile (consider + 1.05%) 13 FS Agreement No. 04-FI-1I051~00-008 I'D Agreement ",,0. 008 I'D T a x 1D "" o. 000000008 HELICOPTER Minimum FIRESCOPE Standards for T,'pcs ICS 420-1 : COMPONENTS 1 I 2 , 3 4 I Seats includinQ Pilots ! 16 I 10 i 5 , ~ I ~ i Card weight c~pacity (Ibs) 5000 2500 ! 1200 600 I' Gallons (watcr delivery) 700 300 I 100 75 [, Examples - ! Bell 214 I ~~~, ;~~' I Bell 206 Bell 47 I FEDER.A.L PROPERTY RATE PER , II , I , II Ii : I HOUR - includes Fuel & Tender I I , , , J I I (Personnel NOT Included)' I :1 *Note: Rate based on helicopter typejl 1: and Federal contract rate. , FIXED \VING Federal Property Rate: ORGANIZED EMERGENCY CREWS Minimum FIRESCOPE Standards for Typcs lCS 420-1 ILCOMPONENTS 1 [2~1 I Personnel (minimum) i 18 ' ] 81 i Equipment I included I included I , Transportation ~~1cluded I included I ~ FEDERAL CREW RA TE Per l-IouCl I, (*Note: Rate based on current crew salary and number of personnel actually assigned) ADMINISTRA TIVE RATE Either PARTY may assess an administrative rate to reimbursable costs related to this agreement. The accepted methodology for computing the administrative rate is the Office of Management and Budget's "Cost Principles for State, Local and Indian Tribal Governments" OMB circular A- 14 FS Agreement :\"0. 04-F1-1I05J2~O-008 FD Agreement :\"0. 008 FD Tax ID :\"0. 000000008 87 (60 FR 26484, dated \1ay 17th, 1995). The DEP/.RTME:\T will submit a draft administrative rate to the FOREST SERVICE for approval. This DEPART\1E,\;T rate during the effective date of this AOP will be: 19.2% The FOREST SERVICE will access an administrative rate to reimbursable costs related to this agreement. This administrative rate during the effective date of this AOP will be: 19.2 % ITE:\lS "'OT REIMBl'RSABLE The following items are not reimbursable in the execution of this Agreement and are considered standard personal support supply/equipment. . Incident position support kits . Calculators . Computers . Printers . GPS units . Cell phones and cell phone charges . Personal telephone charges . Support items normally available in Supply Cnit, e.g. tents, sleeping bags, pads, water coolers, etc. Dl'RUIO:'i OF ASSIG:'i:\lE:'iTS Consideration must be given to the health and safety of personnel when assigned to fires oflong duration. It is agreed that duration of assignments is dictated by each PARTY'S policy. Extension of assignments beyond the Supporting PARTY'S policy may be requested. It is the responsibility of the Protecting PARTY to request relief personnel in advance of the Supporting PARTY'S policy time limit. The Protecting PARTY is further responsible for the transportation costs of moving persOlmel to the fire and returning those relieved personnel back to their home stations. In all cases, the DEPARTME:\T and FOREST SERVICE agree that their Incident Commanders will release suppression resources to their primary mission responsibilities as soon as priorities allow. The National Wildfire Coordinating Group (:\WCG) has established guidelines for the length of assignments for resources and personnel who accept out of state assignments. Personnel who accept assignments out of the state are expected to adhere to the guidelines identiiied by N\VCG. For incidents within the slate, there is a required 7 day minimum commitment. Both PARTIES agree to honor the minimum length of assignments guidelines. 15 FS Agreement :'>0. 04-FI-ll051200-008 FD Agret'ment :\0. 008 FD Tax IV :'>0. 000000008 REST A~D RECt:P[R-\TlO~ The ;\Jational Wildfire Coordinating Group (i\WCG) establishes Rest and Recuperation (R & R) guidelines that go\'ern R & R on all Federal incidents, These guidelines may change throughout the year depending on fire acti\ity and physical condition of fire resources, DEPARTMEi\T personnd assigned to a FOREST SERVICE incident may be gi\en R & R during the incident in which case the R & R is in pay status and charged against the incident. Howe\er, if the DEPARTMEi\T \\ ishes to grant their personnel R & R upon their return to home, the R & R is not compensable under the tel1115 of this agreement. AIR BOTTLE St:PPORT The DEPARTME:\T agrees to refill breathing apparatus bottles when requested by the FOREST SERVICE subject to compliance with all laws and policies pertaining to breathing apparatus. :\O:\-WILDFIRE I:\CIDENTS The DEPARTMEi\T has jurisdictional responsibility for all non-\\'ildfire emergencies within its protection area e\en when these areas include FOREST SERVICE DPA, The only exceptions are for those emergency incidents under the jurisdiction of the California Highway Patrol, County Sheriff. Caiifornia Department ofFish & Game and the C.S. Coast Guard. FIRE PREVEi\'TIO:\ JOI:\T PRESS RELEASES: De\elop joint press releases on cooperative fire protection issues to ensure that the interests of both PARTIES are adequately addressed. S;\10KEY BEAR PROGR-\:VI: The PARTIES will cooperate in the delivery ofSmokey Bear programs. LOCAL EDUCATIO:\ PROGR.\MS: The PARTIES agree to cooperatively conduct local school and other fire pre\ention education programs, FIRE PREVE:\TIOl'i SIGNS: Coordination and placet:l1ent of fire pre\ention signs should be coordinated by both PARTIES in order to prevent duplication of effort and sending mixed messages. This is especially important for fire danger rating signs. LOCAL EVE:\TS The PARTIES agree to cooperati\ely conduct fire prevention programs at local community events. BL'R'\ING AND CA;\IPFIRE PERl\lITS In accordance with current instructions, permits for campfire (CDF f011n LE-63), dooryard premises burning (CDF form LE-62), and other burning (CDF form LE-S) (except vegetation 16 FS Agreement 1\"0. 04-F1-11051200-008 FD Agreement 1\"0. 008 FD Tax ID :\0. 000000008 management program and brush land conversion burning (CDF form LE-7) on State Responsibility lands in Federal Agency DPAs will be issued by the Federal Agency or local fire protection district personnel authorized to do so by the Director ofCDF. Ifboth PARTIES' personnel are authorized to issue campfire and burning permits by CDF, both PARTIES a~Tee to issue burning and campfire permits for each others DPAs. Both PARTIES agree to notify one another when bum permits are issued. Fire Restrictions, Red Flag or other situations that may affect the safe execution of campfire and/or bum permits will be shared by each PARTY. .'\O.'\-FIRE PROJECT USE OF RESOURCES Each of the PARTIES agrees to provide resources and support as requested, to the best of their abilities, for non-fire projects. Such use of personnel and resources may be at no cost or may be assistance by hire unless otherwise agreed to in an attachment herein. SUPPRESSION A.'\D DA'tAGE COLLECTIO:\' The DEPARTME1\T and the FOREST SERVICE reserve the right to pursue independent and separate courses of litigation and cost collection for suppression and damage on the fires that affect both P/\RTIES. Any costs recovered as a result of independent litigation will not be subject to apportionment with the other affected PARTY. Whenever collections that result from joint legal action have the effect of reducing net expenditures of either PARTY to accomplish senices provide for in this agreement, then such collections may be reported and shared proportionately, after deducting the cost of collection. REPAIR OF SUPPRESSIO:\' ACTIVITY DAMAGE Repair of suppression related activity damage (e.g., spreading of dozer berms, installations of water bars, minor road repairs, minor fence repair, etc.) will normally be done by the PARTY with direct protection responsibility for the fire as an integral part of overhaul/mop-up. Any rehabilitation beyond this level may be the responsibility of the landowner. 'tAPS TO SL"PPORT A.'\NUAL OPER~TI:\G PLAN On an as needed basis, maps needed to support this AOP will become attachments to the AOP. These may inelude the DPA boundary, fire protection facilities by PARTY and location, pre- planned ":vlutual Aid" initial attack response areas, "Mutual Aid Move-up and Cover" facilities or special management consideration areas. Attached maps (see Exhibit D): 17 FS Agreement :>00. 04-Fl-ll051200-008 FD Agreement :>00. 008 FD Tax ID :>00. 000000008 POSSESSIO:" OF AGREEMEl\T A:"D AOP 0:" Il\'ClDE:"TS On incidents. the Supporting PARTY shall furnish the Protecting PARTY. upon demand. a signed copy of the Agreement and current AOP. APPROVAL: IN \VIT'-'ESS WHEREOF. the PARTIES have executed this Annual Operating Plan as of the last date written below: FOREST SCPERVISOR Jeanne Wade Evans DEPARTME'-'T CHIEF Larry Pi tzer Date Date 18 ACTIVITY RECORD FOREST SERVICE, REGION 5 LOCAL AGREEMENT AGREEMENT # DEPARTMENT DISPATCH INFORMATION SAN BERNARDINO CITY FIRE DEPARTMENT ;lncident :\ame: Resource Order ::\umber: Reporting Location: , , Reporting Time: -----T Dares of Scn'ices Request Numher Payroll Name(,) les Position Total Hours Worked IOn Shift) --I PERSONNEL INFORMATION ApPARA TU s/Eaul PM ENT/VEH ICLE INFORMATION Dates olSen'ices . Tipc of ! Apparaws / :!yfodule Engine, WaleI' f.:nder, Do::cr, Crc,.orOliU:f Strike Team := Appur(1[US or Vehicle ::; J'ehicle Coregon' . '. - _: Sedan SLT Va~ j;C,.l'e1JJcle In/ormatlOll ! 2x4 4x4 POJ RCIlIG! .1gcnq Tota/ Mileage Or I Operating Hours! A lahorizing Officer ~or Department: I i ~.s I 6:J.j FSLA-5 (07/03) Approved by Ie or FSC: Questions concerning completion of this form, contact: LSDA-FS_ Region 5. FM Staff Incident AdministratIOn. Ph: (707) 562-8712 ribution: Original: Local GOyt Agency Copy: Fire/Incident Package Date: ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** RESOLUTION AGENDA ITEM TRACKING FORM Meeting Date (Date Ad~p~ed):.I' 10 f () (0 Item # d-J-. ~;olution # ~ -:1 y9-... Vote: Ayesf):A. iJ [1 ~ 'tJ-- Abstain ~ Absent'G--- . ) lJ) . Change to motion to amend original documents D Companion Resolutions Null/Void After: hL days / Q 19'/ /) (p Resolution # On Attachments~ ~ution of attachment stored separately: D PUBLISH D POST D RECORD W/COUNTY D By: Reso. Log Updated: Date Sent to Mayor: Date of Mayor's Signature: Date of Clerk/CDC Signature: Seal Impressed: Reso. # on Staff Report JG, Date Memo/Letter Sent for Signature: I" Reminder Letter Sent: ()7- /1..(-06 Not Returned: D Date Returned: 2nd Reminder Letter Sent: ~ Request for Council Action & Staff Report Attached: Updated Prior Resolutions (Other Than Below): Updated CITY Personnel Folders (6413, 6429, 6433, 10584, 10585, 12634): Updated CDC Personnel Folders (5557): Updated Traffic Folders (3985, 8234, 655, 92-389): Yes 2- No By_ Yes No+.- By_ Yes NolL By_ Yes No X By_ Yes No X By_ Copies Distributed to: Animal Control City Administrator City Attorney Code Compliance Development Services Others: D D ~ ect YW\ D D D Information Services D Parks & Recreation ~~lice Department ~ SIA.J..J Public Services D Water Department EDA Facilities Finance Fire Department Human Resources D D D D D Notes: Ready to File: _ Date: Revised 12/18/03 '~'-crl'I-- lit: tiLti'_-CjT'i ,.' [- -- . ~, -'-I I ......L _;" CITY OF SAN BERNARDIN~r _ I" , Interoffice Memorandum .05 AL:~ I d !" 12: I 9 CITY CLERK'S OFFICE Records and Information Management (RIM) Program DATE: July 14, 2006 TO: Michael J. Conrad, Deputy Chief FROM: Rachel G. Clark, City Clerk RE: Transmitting Documents for Signature - Resolution 2006-242 At the Mayor and Common Council meeting of July 10, 2006, the City of San Bernardino adopted Resolution No. 2006-242 - Resolution authorizing the San Bernardino City Fire Department (SBCFD) to enter into a cooperative agreement with the United States Department of Agriculture (USDA), San Bernardino National Forest relating to fire protection and rescue services within the mutual threat zone. Attached is one (I) original agreement with two (2) duplicate original agreements. Please obtain signatures in the appropriate locations and return the ORIGINAL agreement to the City Clerk's Office as soon as possible, to the attention of Dodie Otterbein, Records Management Coordinator. Please keep the fully executed copies for your records and for the other party. Please be advised that the resolution and contract will be null and void if not executed within 60 days, or by Friday, September 8, 2006. If you have any questions, please do not hesitate to contact Dodie at ex!. 3206. Thank you. Rachel G. Clark City Clerk I hereby acknowledge receipt of the above mentioned documents. Signed: ~.~ Date: 117 ~~ Please sign and return RECEIVED-ern CLEh: CITY OF SAN BERNARDINO Interoffice Memorandum lOnG JUL 18 MIll: 26 CITY CLERK'S OFFICE Records and Information Management (RIM) Program DATE: July 14, 2006 TO: Michael J. Conrad, Deputy Chief FROM: Rachel G. Clark, City Clerk RE: Transmitting Documents for Signature - Resolution 2006-242 At the Mayor and Common Council meeting of July 10. 2006, the City of San Bernardino adopted Resolution No. 2006-242 - Resolution authorizing the San Bernardino City Fire Department (SBCFD) to enter into a cooperative agreement with the United States Department of Agriculture (USDA), San Bernardino National Forest relating to fire protection and rescue services within the mutual threat zone. Attached is one (I) original agreement with two (2) duplicate original agreements. Please obtain signatures in the appropriate locations and return the ORIGINAL agreement to the City Clerk's Office as soon as possible, to the attention of Dodie Otterbein, Records Management Coordinator. Please keep the fully executed copies for your records and for the other party. Please be advised that the resolution and contract will be null and void if not executed within 60 days, or by Friday, September 8, 2006. If you have any questions, please do not hesitate to contact Dodie at ex!. 3206. Thank you. Rachel G. Clark City Clerk I hereby acknowledge receipt of the above mentioned documents. Signed: ~.~ Date: 117 ~~ Please sign and return ,- Routing Slip From: Fire Department - 5286' ,.,"bed; <L ,~ q f (0 Animal Control Human Resowces Cemetery City Administrator I City Attorney City'Cler"- W l/") C~Cou~ ..... Civil SerViC:e G "'- CoIde Co~iance o , di;;elop~nt Servic Lu Lw ~ste~epardne:! fciino~ev. Agel Facilities Managem Finance ERNARDINO norandum S OFFICE aagement (RIM) Program YOUR COPY ~~vl/' tion 2006-242 copy of the agreement attached to .no City Fire Department (SBCFD) to :es Department of Agric~lture (U~DA), :ction and Rescue ServIces wtthm the terbein, Records Management Coordinator, at ex!. CITY OF SAN BERNARDINO Interoffice Memorandum CITY CLERK'S OFFICE Records and Information Managemeut (RIM) Program DATE: September 14, 2006 YOUR COPY FROM: Norma Camarena, Administrative Analyst Sandra Medina, Assistant to the City Clerk ~~'vG TO: RE: Transmitting Executed Agreement- Resolution 2006-242 Please find enclosed one duplicate original executed copy of the agreement attached to Resolution No. 2006-242, authorizing the San Bernardino City Fire Department (SBCFD) to enter into a Cooperative Agreement with the United States Department of Agriculture (USDA), San Bernardino National Forest relating to Fire Protection and Rescue Services within the mutual threat zone. If you have any questions, please call Dodie Otterbein, Records Management Coordinator, at ex!. 3215.