HomeMy WebLinkAbout2006-242
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RESOLUTION NO. 2006-242
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE SAN BERNARDINO CITY FIRE DEPARTMENT
(SBCFD) TO ENTER INTO A COOPERATIVE AGREEEMENT WITH THE UNITED
STATES DEPARTMENT OF AGRICULTURE (USDA), SAN BERNARDINO NATIONAL
FOREST RELATING TO FIRE PROTECTION AND RESCUE SERVICES WITHIN THE
MUTUAL THREAT ZONE.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. That the USDA Forest Service, San Bernardino National Forest, hereinafter
called Forest Service and the San Bernardino City Fire Department (SBCFD) wish to enter into a
cooperative agreement; and
SECTION 2. The Mayor or his designee is hereby authorized and directed to execute said
cooperative agreement, a copy which is attached as Attachment A; and
SECTION 3. Said cooperative agreement will be for each party providing to the other a
reasonable and reciprocal exchange of fire, rescue, and emergency medical services in the mutual
threat zone. Each party agrees to undertake this reciprocal exchange of services under the terms,
provisions, and conditions listed in Attachment A, for the term of five years.
SECTION 4. The authorization to execute the above referenced Agreement is rescinded ifit
is not executed within sixty (60) days of the passage of this resolution.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE SAN BERNARDINO CITY FIRE DEPARTMENT
(SBCFD) TO ENTER INTO A COOPERATIVE AGREEEMENT WITH THE UNITED
STATES DEPARTMENT OF AGRICULTURE (USDA), SAN BERNARDINO NATIONAL
FOREST RELATING TO FIRE PROTECTION AND RESCUE SERVICES WITHIN THE
MUTUAL THREAT ZONE.
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I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
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Common Council of the City of San Bernardino at a ioint regular meeting thereof, held on the
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10th day of July
, 2006, by the following vote, to wit:
Council Members:
AYES
NAYS
ABSTAIN ABSENT
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ESTRADA
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BAXTER
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MCGINNIS
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DERRY
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KELLEY
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JOHNSON
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MCCAMMACK
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~ );;-~
Rachel G. Clark, City Clerk
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The foregoing resolution is hereby approved this / J.. f fv day of
July
,2006.
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24 Approved as to Form:
25 JAMES F. PENMAN,
26 City Attorney
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Atttaclbmmt'iiA" .
2006-242
FS Agreement No. 04-FI-ll051200-008
FD Agreement No. 008
COOPERATIVE FIRE PROTECTION AGREEMENT
BETWEEN
UNITED STATES DEPARTMENT OF AGRICULTURE,
SAN BERNARDINO NATIONAL FOREST
AND
SAN BERNARDINO CITY FIRE DEPARTMENT
THIS COOPERATIVE FIRE PROTECTION AGREEMENT is made and entered into by and
between the USDA Forest Service, San Bernardino National Forest, hereinafter referred to as the
FOREST SERVICE, and the San Bernardino City Fire Department, hereinafter referred to as the
DEPARTMENT and jointly referred to as PARTIES under the authority and provisions of the
Reciprocal Fire Protection Act of May 27,1955 (42 use 1856), the Stafford Act, Public Law
93-288 as amended (42 use 5121 et. seq.), the Granger-Thye Act of April 24, 1950 (16 use
572), and the Cooperative Funds and Deposits Act ofDec 12, 1975 (16 use 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. STATEMENT OF MUTUAL BENEFITS AND INTERESTS
The FOREST SERVICE and DEPARTMENT 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
responsible for, it is mutually advantageous and in the public interest for the parties to this
Agreement to coordinate and assist in each other's efforts in prevention, detection, and
suppression of wildland fires in and adjacent to their areas of responsibility. It is also mutually
advantageous for both PARTIES to provide support and participate in non-fire emergencies of
national scope.
III. DEFINITIONS See Exhibit A.
2006-242
FS Agreement No. 04-FI-ll051200-008
FD Agreement No. 008
IV. GENERAL PROVISIONS
1. ANNUAL OPERATING PLANS 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 made a part of
this Agreement.
2. RECIPROCAL FIRE PROTECTION (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 Supporting PARTY will, upon request or
voluntarily, take initial attack action in support of the Protecting PARTY. 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 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. ASSISTANCE BY HIRE Assistance by Hire is the provision of fire suppression resources, by
one PARTY 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 services provided by the Supporting PARTY and essential to filling the
resource order, which are necessary and reasonable, shall be considered as reimbursable as
Assistance by Hire. The DEPARTMENT 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 Mutual Aid, all requests for fire suppression assistance in either PARTY'S DPA shall
be Assistance by Hire. Any other resources provided by a supporting PARTY, and not
specifically ordered by the protecting PARTY, shall be considered a voluntary contribution.
4. INDEPENDENT ACTION 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 PARTY takes action on a fire independently, the Supporting PARTY will furnish the
Protecting PARTY a preliminary report (oral) within 24 hours of the action taken and a written
incident report with 10 days.
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FS Agreement No. 04-FI-1l051200-008
FD Agreement No. 008
5. CLOSEST FORCES The PARTIES 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 the closest resources to
respond to initial attack fires is in the best interest of all PARTIES.
6. NOTIFICATIONS Each PARTY will promptly notify the Protecting PARTY of fires burning
on or threatening lands for which that PARTY has protection responsibility. When taking action,
the Supporting PARTY will, as soon as possible, notify the Protecting PARTY 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 PARTIES 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 Unified Command Structure.
8. COST SHARING 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. COMMUNICATION 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 PARTY and documented in
the AOP.
10. FACILITIES. EOUIPMENT AND 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, administrative 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 P ARTY. Any shared
cost or reimbursements will be governed in accordance with the existing policy of each PARTY.
II. 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 will
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.
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FS Agreement No. 04-FI-ll051200-008
FD Agreement No. 008
12. REPLACEMENT OF FIRE SUPPLIES Replacement of PARTY-owned supplies that are
lost, damaged, or expended may be re-supplied at the incident prior to demobilization and
according to established procedures.
13. DETERMINA nON OF CAUSE AND PRESERV AnON OF EVIDENCE The PARTIES
will attempt 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 preserve evidence
and information pertaining to the origin and cause of the fire. 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, improve
firefighting efficiency and safety. Training also includes participation of fire team members at
annual Incident Management Team meetings so members can maintain competency for their
specific positions. Each PARTY will bear the cost of training for their respective employees
unless specifically addressed in the AOP.
15. FIRE TRAINING CENTERS 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. BILLING PROCEDURES The Supporting PARTY will bill the Protecting PARTY for costs
incurred for assistance provided and identified as reimbursable. Reimbursable costs may also
include transportation, salary, benefits, overtime, and per diem of DEPARTMENT personnel
assigned to FOREST SERVICE Incident Management 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 (DEPARTMENT only),
fire name, order and request number, and bill number and amount. Invoice supporting
documentation must include description of services performed, period of services performed, and
any applicable cost share agreements. Supporting documentation will itemize details of billing,
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2006-242
FS Agreement No. 04-FI-ll051200-008
FD Agreement No. 008
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. DEPARTMENT invoices will include "Record of Activities" (FSLA-5) and
FOREST SERVICE invoices will include transaction register.
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"
OMB 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. NE
Albuquerque, NM 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 DEPARTMENT or
FOREST SERVICE.
Contested Billings: Written notice that a bill is contested will be mailed to the PARTY within 60
days of receipt 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 PREVENTION 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 CLOSURES PARTIES will coordinate declarations, such as
fire season, fire restrictions and closures, within each P ARTY'S policy and procedures.
19. PRESCRIBED FIRE AND FUELS MANAGEMENT This AGREEMENT is meant to cover
the cooperation and use of resources 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
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FD Agreement No. 008
2006-242
the cost of suppression rest with the P ARTY that has authority for igniting the burn as identified
in the Rx Burn Plan. Each PARTY will keep the other PARTY informed of all Prescribed Fire
operations.
20. NATIONAL EMERGENCIES The PARTIES to this Agreement may respond upon request to
Nationally 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. EMPLOYMENT 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. EXAMINATION OF RECORDS Each PARTY shall give the 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 final payment.
23. PREVIOUS AGREEMENTS CANCELED This Agreement supersedes and cancels any prior
Cooperative Fire Protection Agreement between the PARTIES.
24. FUNDING LIMITATION Nothing 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. MODIFICATIONS Modifications 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. NATIONAL INTERAGENCY INCIDENT MANAGEMENT SYSTEM The PARTIES to
this Agreement will operate under the concepts defined in the National Interagency Incident
Management System (NIIMS) including: Incident Command System (lCS), 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 QUALIFICATIONS FOREST SERVICE agrees to send
qualified personnel who meet all the position requirements specified in FSH 5109.17 (meets or
exceeds PMS 310-1) to any DEPARTMENT incident. The DEPARTMENT agrees to send
qualified personnel who meet the training and qualification standards specified in National
Wildfire Coordinating Group's (NWCG) PMS 310-1 to any FOREST SERVICE incident, IMT
assignment or overhead request.
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FD Agreement No. 008
28. PERSONAL PROTECTIVE EOUlPMENT The PARTIES agree to provide their respective
responding personnel with approved personal protective equipment (PPE) suitable for the
assignment. In the case of FOREST SERVICE resources, NFPA standards apply in wildland fire
situations. In the case of DEPARTMENT resources NFP A or CAL OSHA, title 8 specifications
meet the requirement. At no time will personnel respond without the approved PPE.
29. LAW ENFORCEMENT 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
enforcement activities and the gathering of evidence, and in actual court prosecutions to the
fullest extent practicable.
30. EOUIPMENT Equipment owned and used by either PARTY to suppress fires on lands for
which the other is responsible shall normally be operated, serviced, and repaired by the owning
PARTY. Fuel, 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 CLAIMS AGAINST THE PARTIES The PARTIES signatory to this
Agreement hereby waive all claims between and against each other, arising in the performance
of this Agreement, for compensation for loss or damage to each other's property, and personal
injury, including death, of employees, agents and contractors, except that this waiver shall not
apply to intentional torts or acts of violence against such persons or property.
32. NONDISCRIMINATION The PARTIES shall comply with all Federal statutes relating to
nondiscrimination and all applicable requirements of all other Federal laws, Executive orders,
regulations, and policies. These include but are not limited to: (a) Title VI of the Civil Rights
Act of 1964 (42 D.S.C. 2000d, 2000e-16), which prohibits discrimination on the basis of race,
color, disability, or national origin; (b) Title IX of the Education amendments of 1972, as
amended (20 D.S.C. 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 U.S.C. 794) which
prohibits discrimination on the basis of disabilities.
33. ACCIDENT INVESTIGATIONS Whenever an accident occurs involving the equipment or
personnel ofa 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
PARTY-specific and will be borne by the sending PARTY. Other accident or incident
investigation costs are the fiscal responsibility of the P ARTY(IES) that has jurisdiction and/or
investigative responsibility. The sharing of information between PARTIES on accident
investigations and their findings and probable causes is a valuable tool for safety and must be
encouraged.
34. FREEDOM OF INFORMATION ACT (FOIA) Any information furnished to the Forest
Service under this instrument is subject to the Freedom of Information Act (5 D.S.C. 552).
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35. DEBT COLLECTION IMPROVEMENT ACT The DEPARTMENT shall furnish their tax
identification number (TIN) upon execution of this Agreement. The DEPARTMENT may wish
to enroll in the Automatic Deposit program. Information concerning this program can be found
at: www.nfc.usda.gov/dciaJeftweb.htm.
36. TERMINATION Both PARTIES retain the right to terminate their participation under this
Agreement by providing 30 days written notice to the other PARTY.
37. LEGAL AUTHORITY The DEPARTMENT certifies that the person executing this on their
behalf has the legal authority to enter into this Agreement.
38. COMMENCEMENT/EXPIRATION DATE This instrument is executed as of the date oflast
signature and is effective for five years from that date, at which time it will expire unless
renewed.
39. ALTERNATE DISPUTE RESOLUTION In the event of any issue of controversy under this
Agreement, the PARTIES may pursue Alternate Dispute Resolution procedures to voluntarily
resolve those issues. These procedures may include, but are not limited to, conciliation,
facilitation, mediation, and fact finding.
40. PRINCIPAL CONTACTS The principal contacts for this instrument are:
FOREST SERVICE CONTACT
Dan Gosnell
Battalion Chief
(909) 382-2632
Fax: (909) 383-5770
dgosnell@fs.fed.us
DEPARTMENT CONTACT
Mike Conrad
Deputy Fire Chief
Bus: (909) 384-5286
Fax: (909) 384-5281
Email: conrad _ mi@sbcity.org
FOREST SERVICE GRANTS AND AGREEMENTS SPECIALIST
Bonnie Harris
Grants and Agreements Coordinator
(626) 574-5246
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FD Agreement No. 008
FIRE DEPARTMENT ADMINISTRATIVE CONTACT
Mike Conrad
Deputy Fire Chief
(909) 384-5286
DEPARTMENT TAXPAYER IDENTIFICATION NUMBER: 95-6000772
REVIEW:
Bonnie Harris
FOREST SERVICE GRANTS AND
AGREEMENTS SPECIALIST
Date
APPROVAL:
1tUt~
Mike Conrad, Deputy Chief
DEPARTMENT REVIEWER
7-/7- oc.
Date
IN WITNESS WHEREOF, the parties have executed this Agreement as of the last date written
below:
~::!:-~
FOREST SUPERVISOR
fib/loft;
Date
Exhibit A, Definitions
Exhibit B, Annual Operating Plan
Exhibit C, Form FSLA-5 Record of Activity
Exhibit D, Maps
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COOPERATIVE FIRE PROTECTION AGREEMENT
EXHIBIT A
DEFINITIONS
ADMINISTRATIVE RATE: That pre-established percentage charge that will be applied by the
billing PARTY.
AIRCRAFT: Any fire fighting fixed or rotary-winged aircraft owned or contracted exclusively to the
DEPARTMENT or FOREST SERVICE.
ASSISTANCE BY HIRE: Fire suppression resources and associated support resources needed to fill
the incident order that are to be paid for by the Protecting P ARTY. Reimbursement may be
actual cost or according to pre-established rates.
AVAILABLE: Following the Incident Command System protocols, the status of a fire fighting
resource that indicates its availability for assignment on an incident.
BACKFILLING: The act of providing cover staffing at the station or administrative site that has
been vacated by the resources provided to the incident
BOUNDARY FIRE: A fire burning on or directly adjacent to the Direct Protection Boundary
between the DEPARTMENT and the FOREST SERVICE.
CLOSEST FORCES CONCEPT: The philosophy of committing the closest available appropriate
resources, regardless of ownership, as described in the Annual Operating Plan, to a wildfire for
initial attack or for critical need.
COOPERATIVE FIRE PROTECTION: Specific fire protection services furnished by one party to
the other on a reimbursable basis pursuant to the Annual Operation Plan.
COST SHARE AGREEMENT: An interagency agreement describing the conditions and/or
percentage of DEPARTMENT and FOREST SERVICE financial responsibility for costs
incurred as a result of jointly approved operations pursuant to the terms of this agreement.
DETECTION: 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 of DEPARTMENT and FOREST SERVICE
responsibility areas.
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DIRECT PROTECTION AREA MAPS: Official maps which identify areas of direct wildland fire
protection for each PARTY.
FEDERAL EXCESS PERSONAL PROPERTY (FEPP) PROGRAM: A program in which Federal
property originally purchased for use by a Federal agency, but no longer needed by that entity, is
acquired by the USDA Forest Service 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 America, protecting lives and property 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 DEPARTMENT or the FOREST
SERVICE for planned availability and initial attack fire response.
FIRE PREVENTION: 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 methods.
FIRESCOPE (Firefighting Resources of California for Potential Emergencies): A cooperative effort
involving 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.
HANDCREW: 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.
HOSTING UNIT: The organization or area responsible for the incident or the area where the
incident occurs.
INCIDENT: An occurrence or event, either human-caused or natural phenomenon, that requires
action by emergency service personnel to prevent or minimize loss oflife or damage to property
and/or natural resources.
INITIAL A TT ACK: Resources initially committed to an incident.
LINE OFFICER/AGENCY REPRESENT ATIVE: A Supporting PARTY employee with full
authority to make decisions on all matters affecting that PARTY'S participation at the incident.
MOVE-UP AND 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.
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MUTUAL AID: Automatic initial attack response by suppression resources (excluding aircraft and
pilot[s]) 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 specified hours from the time of
initial report. Mutual Aid is limited to those Initial Attack resources or move-up and cover
assignments that have been determined 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, providing flood protection, enhancing wildlife and fisheries, or
improving water yields and/or air quality.
PROTECTING 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 resources 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 determined to be appropriate in the Annual 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
cooperative fire protection service
REPAIR OF SUPPRESSION ACTIVITY DAMAGE: Those activities undertaken 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 area upon which
an incident is located.
SUPPRESSION: All the work of confining and extinguishing a fire beginning with its discovery.
UNIFIED COMMAND: The organizational structure implemented on multi-jurisdictional incidents.
The PARTIES' Incident Commanders will jointly determine incident objectives.
WILDFIRE: An unwanted fire burning uncontrolled on wildland.
WILDLAND: Lands covered wholly or in part by timber, brush, grass, grain, or other flammable
vegetation.
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Exhibit B
2006
ANNUAL OPERATING PLAN
FOR COOPERATIVE FIRE PROTECTION AGREEMENT
Between
UNITED STATES DEPARTMENT OF AGRICULTURE,
SAN BERNARDINO NATIONAL FOREST
and
SAN BERNARDINO CITY FIRE DEPARTMENT
ANNUAL OPERATING 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 AO? shall become attached to and be a part of the Agreement.
MUTUAL AID RESPONSE PROCEDURES
Mutual 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.
Aircraft (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.
DESCRIPTION OF DEPARTMENT DIRECT PROTECTION 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 No. 04-FI-ll051200-008
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resources to respond to initial attack fires" is in the best interest 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 will request the most appropriate
resource to aid in the suppression of a wildfire.
MOVE-UP AND COVER
"Move-up and Cover" 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 provide subsistence and lodging at no cost to the Supporting PARTY. Mutual Aid (if
applicable) "Move-up and Cover" will be at no cost to the Protecting PARTY for the initial
Mutual 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 "Move-up and
Cover" status beyond the end of their 16 hour maximum duty day.
SINGLE POINT RESOURCE ORDERING
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.
COMMUNICATIONS AND FREQUENCY MANAGEMENT
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 Tactical Frequencies.
In the case where the PARTIES' administrative frequencies have not been assigned for those
purposes, the use ofthose frequencies must be temporarily suspended. While 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.
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SHARING FREQUENCIES
The DEPARTMENT agrees to authorize use by the FOREST SERVICE of the following
frequencies:
800 MHz system:
10-SBFD-1
10-SBFD-2
10-SBFD-A
lO-SBFD-B
10-SBFD-C
lO-SBFD-D
10-SBFD-E
10-FTAC-1
10-FTAC-2
10-CTAC-1
10-CTAC-2
The Forest Service does not normally carry 800 MHz radios, but in the event they have access to
these radios, they will have authorization to use these talk groups. The said talk group use shall
be designated by the San Bernardino City Incident Commander in either single or unified
command of the incident.
These frequencies will be used for fire/emergency only within or adjacent to the
DEPARTMENT'S responsibility area.
The FOREST SERVICE agrees to authorize use by the DEPARTMENT of the following
frequencies:
Forest Net Rx 171.475 Tx 169.875
Air to Ground 170.000
Tac 1 168.050
Tac 2 168.200
Tac 3 168.600
These frequencies will be used for fire/emergency only within or adjacent to the FOREST
SERVICE'S responsibility area.
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OPERATIONAL & DUTY OFFICER CONTACTS
SAN BERNARDINO CITY FIRE DEPARTMENT DUTY OFFICER CONTACT
SAN BERNARDINO CITY FIRE DEPARTMENT
FIRE MANAGEMENT
Lar R. Pitzer
Mike Conrad
Mat Fratus
Mike Alder
Howard Bennett
Allen Sim son
Dan Dickerson
Jess Cam os
Denis Moon
600
601
602
603
603
603
604
604
604
909.384.5286
909.384.5286
909.384.5286
909.384.5279
909.384.5279
909.384.5279
909.384.5401
909.384.5401
909.384.5401
7402
7415
7413
7411
7412
7416
7403
7418
7417
909.289.0216
909.289.0216
909.289.0216
909.754.1271
909.754.1271
909.754.1271
FOREST SERVICE DUTY OFFICER CONTACT
SAN BERNARDINO NA TlONAL FOREST
FIRE and A VIA TION MANAGEMENT
Mike Dietrich Chief 1 909.382.2629 951.228.5241 909.422.7728
Rock o Ii er Chief 2 909.382.2630 951.315.5119 909.535.9265
Dan Snow Chief 3 909.382.2633 951.313.5453 909.432.2206
Fuels Vacant Div 10 909.382.2635 951.223.7655 909.223.7655
Dan Gosnell Div9 909.382.2632 951.317.9483 909.432.6830
Dave Ed ar Safet 1 909.382.2631 951.754.0560 909.432.2326
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FRONT COUNTRY DISTRICT
FIRE and A VIA TION MANAGEMENT
Mike Wakoski Div3 909.382.2881 951.236.1925 0
Vacant Batt 31 909.382.2879 909.315.5854 0
Ma Bo ens Batt 32 909.382.2893 909.236.1925 909.432.0059
Scott Wa ner Batt 33 909.382.2892 909.315.5853 909.432.2101
Ken Kern ter Batt 34 909.382.2878 909.224.4315 0
Vacant Batt 35 0 0 0
FOREST SERVICE LINE OFFICER CONTACT
Forrest
Supervisor 909.382.2600 951.315.5862
Deputy Forest
Supervisor 909.382.2603 951.316.4561
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CS QUALIFIED LIST AND IMT PERSONNEL
IMT MEMBERS
George Avery- FACL- So Cal Team 3
Paul Drasil- DIV/GRP SUP- So Cal Team 2
QUALIFIED FIRE OVERHEAD
Mike Conrad - Incident Commander II, Operations Section Chief II, STL, DIV /GRP SUP
Mat Fratus- STL and DIV/GRP SUP
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 approval 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.
PAYMENT OF STRUCTURE PROTECTION
For wildfires within the DEPARTMENT'S or FOREST SERVICE'S DPA, the financial
responsibility for the protection and suppression of structures remains with the Party who has
statutory responsibility for structure suppression and protection.
For incidents involving both DEPARTMENT and FOREST SERVICE DPAs the cost share
agreement should reflect the DEPARTMENT'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
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RATES FOR FEDERAL EXCESS PERSONAL PROPERTY PROGRAM - 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 for operating costs that include maintenance, fuel, and oil. Charges
may not include amortization, depreciation, replacement costs, modification, start-up costs, or
related charges.
CITY - COUNTY FIRE DEPARTMENT REIMBURSEMENT RATES AND
METHODOLOGY
The DEPARTMENT 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 for any such backfill need. As such,
accounting for backfill in the billing submission is not necessary and should not occur.
The DEPARTMENT 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. Invoices 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 performed, and description of any
applicable cost share agreements. Supporting 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) will not be used
DEPARTMENT REIMBURSEMENT 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 will 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. PERSONNEL:
a. 56-hour Personnel
In accordance with the definition and description of Assistance by Hire, costs incurred by
DEPARTMENT 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
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(from the time of dispatch until the time of return). DEPARTMENT shall develop rates
equivalent to Overtime 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. 40-hour Personnel
In accordance with the definition and description of Assistance by Hire, costs incurred by
DEPARTMENT in sending resources in response to requests from the FOREST SERVICE for
assistance with 40-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
weighted 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 Management Personnel will be
based on Straight time with Benefits, for hours worked. As Management, these personnel are not
eligible for Overtime at time-and-one-halfbase salary, but do continue to eam "Overtime" at the
rate of Straight-time with Benefits ("overtime" benefit rates apply for hours in excess ofnorrnal
work schedule). Assistance by Hire rates for DEPARTMENT Management Personnel shall be
developed, agreed to in advance, and published annually herein.
d. Organized Emergency Crews
Organized Emergency Crew resources may include Type 1 and 2 Crews, Fuels Crews
(Modules), 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 DEPARTMENT.
2. APPARATUS AND SUPPORT EQUIPMENT:
a. FEDERAL EXCESS PROPERTY PROGRAM (FEPP) EOUIPMENT
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
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FD Tax ID No. 000000008
include amortization, depreciation, replacement costs, modification, start-up costs, or related
charges.
b. GROUND RESOURCES
Use rates for all DEPARTMENT and FOREST SERVICE -owned motorized ground equipment
provided as Assistance by Hire shall be paid at the rate established by each PARTY for its
equipment. These rates will be updated annually, 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. EMERGENCY EOUIPMENT RENTAL AGREEMENT (EERA)
The DEPARTMENT and FOREST SERVICE agree to jointly use Emergency Equipment Rental
Agreements ("EERA") 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 WING
Reimbursements will be based on Aircraft rate which includes pilot costs. The Air Tactical
Group Supervisor ("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 vehicle (e.g. I-Ton Pickup) will be itemized separately. Flight Crew
and Crew Carrying Vehicle (CCV) will also be itemized separately.
e. SUPPORT EOUIPMENT
Use rates for all DEPARTMENT and FOREST SERVICE-owned support equipment provided
as Assistance by Hire shall be paid at the rate established by each PARTY for its equipment.
Support equipment and rates will be updated annually, agreed to in advance, and published
herein. Personnel assigned to support equipment will be itemized separately.
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EQUIPMENT & .FlREFIGHTER PAY RATES AND CLASSIFICA nON
2004
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PUBLISHED DEPARTMENT APPARATUS AND PERSONNEL RATES:
Personnel rates are established on an annual basis, effective August through July for the calendar
year.
Personnel Costs (average cost)
Base Rate Overtime Rate
Chief $77.4231 N/A
Deputy Chief $69.7327 N/A
Division Chief $63.4500 N/A
Battalion Chief $41.1223 N/A
Fire Captain $32.3242 $48.4863
Fire Engineer $28.0096 $42.0144
Fire Fighter $25.1456 $37.7184
Fire PM/FF $26.9402 $40.4103
Administrative Personnel $29.2212 N/A
Apparatus Cost (average cost)
Cost Per Hour
Engine Company Type I (Capt., Engr., PMlFF, FF)
$235.33
Engine Company Type III (Capt., Engr., PMlFF, FF)
$235.33
Water Tender (Capt.,Engr., FF)
$193.41
Ladder Truck (Capt., Engr., & FF)
$193.41
Hazardous-Materials Vehicle (Capt., Engr. & PM/FF)
$193.41
Medium Rescue Vehicle (Capt., Engr., PM/FF & FF)
$235.33
Light Plant/Breathing Support Veh. (Capt., Engr., PM/FF & FF)$235.33
Command Vehicle (Battalion Chief)
$ 101.91
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PUBLISHED FOREST SERVICE APPARATUS AND PERSONNEL RATES:
Personnel rates 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 $14.60 per hour
Apparatus Engineer $18.25 per hour
Engine Captain $18.25 per hour
Flat Rate for Crew $5,090 per day
Company Officer $18.25 per hour
Battalion Chief $20.40 per hour
Division Chief $22.95 per hour
Assistant Chief $25.69 per hour
Deputy Chief $27.88 per hour
Chief $30.50 per hour
Administrative Personnel $18.25 per hour
PUBLISHED FOREST SERVICE EQUIPMENT PAY RATES
EQUIPMENT PAY RATES
The 2004 equipment rates remain the same as 2003, using a combination of gallons per minute,
FEMA horsepower rates, mode rates as taken from the Local Agreement review, and EERA rates
which were modified to reduce the profit and risk margins normally afforded to private industry.
EQUIPMENT RATES - ENGINES
Type 1 Engine
Type 2 Engine
Type 3 Engine
Type 4 Engine
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$55/hour $55/hour $45/hour $35/hour
FEPP $51/hour FEPP $51/hour FEPP $41/hour FEPP $31/hour
EQUIPMENT RATES - WATER TENDERS
Type I Water tender Type 2 Water tender Type 3 Water tender
$34/hour $34/hour $30/hour
FEPP $30/hour FEPP $30/hour FEPP $26/hour
EQUIPMENT RATES - BULLDOZERS
Type I Dozer Type 2 Dozer Type 3 Dozer
$77 /hour $55/hour $42/hour
FEPP $72/hour FEPP $50/hour FEPP $37 /hour
EQUIPMENT RATES - TRANSPORTS
Transport w/Low Boy $1.47 per mile (consider + 1.05%)
FEPP Transport w/Low Boy $1.27 per mile (consider + 1.05%)
EQUIPMENT RATES - VEHICLES
Sedan $39 per day
Pickup $47 per day
Van $55 per day
SUV $62 per day
Crew Carriers $95 per day
Other (unspecified) $62 per day
POV $0.36 per mile (consider + 1.05%)
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HELICOPTER
Minimum FIRESCOPE Standards for Tvpes ICS 420-1
COMPONENTS 1 2 3 4
Seats includin!1 Pilots 16 10 5 3
Card weight canacity (lbs) 5000 2500 1200 600
Gallons (water deliverv) 700 300 100 75
Examples Bell 214 Bell 204, Bell 206 Bell 47
212,205
FEDERAL PROPERTY RATE PER
HOUR - includes Fuel & Tender
(Personnel NOT Included)-
"Note: Rate based on helicopter type
and Federal contract rate.
FIXED WING
Federal Property Rate:
ORGANIZED EMERGENCY CREWS
Minimum FIRESCOPE Standards for Tvpes ICS 420-1
COMPONENTS
Personnel (minimum)
E ui ment
Trans ortation
FEDERAL CREW RATE Per Hour"
("Note: Rate based on current crew salary and number of personnel actually assigned)
1
18
included
included
2
18
included
included
ADMINISTRATIVE 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-
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87 (60 FR 26484, dated May 17th, 1995). The DEP ARTMENT will submit a draft
administrative rate to the FOREST SERVICE for approval.
This DEPARTMENT 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 %
ITEMS NOT REIMBURSABLE
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 Unit, e.g. tents, sleeping bags, pads, water
coolers, etc.
DURATION OF ASSIGNMENTS
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 personnel to the fire and returning those relieved personnel back to their home
stations. In all cases, the DEPARTMENT 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 (NWCG) 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 identified by NWCG. For incidents within the state, there is a required 7 day
minimum commitment. Both PARTIES agree to honor the minimum length of assignments
guidelines.
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REST AND RECUPERATION
The National Wildfire Coordinating Group (NWCG) establishes Rest and Recuperation (R & R)
guidelines that govern R & R on all Federal incidents. These guidelines may change throughout
the year depending on fire activity and physical condition of fire resources. DEPARTMENT
personnel assigned to a FOREST SERVICE incident may be given R & R during the incident in
which case the R & R is in pay status and charged against the incident. However, if the
DEPARTMENT wishes to grant their personnel R & R upon their return to home, the R & R is
not compensable under the terms of this agreement.
AIR BOTTLE SUPPORT
The DEPARTMENT agrees to refill breathing apparatus bottles when requested by the FOREST
SERVICE subject to compliance with all laws and policies pertaining to breathing apparatus.
NON-WILDFIRE INCIDENTS
The DEPARTMENT has jurisdictional responsibility for all non-wildfire emergencies within its
protection area even when these areas include FOREST SERVICE DP A. The only exceptions
are for those emergency incidents under the jurisdiction of the California Highway Patrol,
County Sheriff, California Department ofFish & Game and the U.S. Coast Guard.
FIRE PREVENTION
JOINT PRESS RELEASES: Develop joint press releases on cooperative fire protection
issues to ensure that the interests of both PARTIES are adequately addressed.
SMOKEY BEAR PROGRAM: The PARTIES will cooperate in the delivery ofSmokey
Bear programs.
LOCAL EDUCATION PROGRAMS: The PARTIES agree to cooperatively conduct local
school and other fire prevention education programs.
FIRE PREVENTION SIGNS: Coordination and placement of fire prevention 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 EVENTS The PARTIES agree to cooperatively conduct fire prevention programs
at local community events.
BURNING AND CAMPFIRE PERMITS
In accordance with current instructions, permits for campfire (CDF form LE-63), dooryard
premises burning (CDF form LE-62), and other burning (CDF form LE-S) (except vegetation
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management program and brush land conversion burning (CDF form LE-7) on State
Responsibility lands in Federal Agency DP As will be issued by the Federal Agency or local fire
protection district personnel authorized to do so by the Director ofCDF. If both PARTIES'
personnel are authorized to issue campfire and burning permits by CDF, both PARTIES agree 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.
NON-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 AND DAMAGE COLLECTION
The DEPARTMENT and the FOREST SERVICE reserve the right to pursue independent and
separate courses oflitigation and cost collection for suppression and damage on the fires that
affect both PARTIES. 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
services provide for in this agreement, then such collections may be reported and shared
proportionately, after deducting the cost of collection.
REPAIR OF SUPPRESSION 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.
MAPS TO SUPPORT ANNUAL OPERATING PLAN
On an as needed basis, maps needed to support this AOP will become attachments to the AOP.
These may include the DP A boundary, fire protection facilities by PARTY and location, pre-
planned "Mutual Aid" initial attack response areas, "Mutual Aid Move-up and Cover" facilities
or special management consideration areas.
Attached maps (see Exhibit D):
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POSSESSION OF AGREEMENT AND AOP ON INCIDENTS
On incidents, the Supporting PARTY shall furnish the Protecting PARTY, upon demand, a
signed copy of the Agreement and current AOP.
APPROVAL:
IN WITNESS WHEREOF, the PARTIES have executed this Annual Operating Plan as of the
last date written below:
~tu~~
FO ST SUPERVISOR
Jeanne Wade Evans
9>/bdo f,t1
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ACTIVITY RECORD
FOREST SERVICE, REGION 5
LOCAL AGREEMENT
AGREEMENT #
DEPARTMENT
DISPATCH INFORMATION
SAN BERNARDINO CITY FIRE DEPARTMENT
Resource Order Number:
Reporting Time:
Incident Name:
Reporting Location:
Request .!
Dates of Services Payroll Name(s) lCS Position Total Hours Worked!
Number (On Shift) ,
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PERSONNEL INFORMATION
Ap PARATUslEQUIPM ENTIVEHICLE INFORMATION
Type of Total Mileage I
Apparatus / Module Apparatus or Vehicle Category ~ h' I I if< . I
Dales of Services Strike Team # Sednn SUV Van PU e Ie e n ormatIOn Or I
Engine. Water Tender, Vehicle # 2x4 4x4 I POV Rental Agency Operating Hours
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Authorizing Officer
For Department:
Approved by
IC or FSC:
Questions concerning completion of this form, contact:
USDA-FS. Region 5, FM Staff
Incident Administration, Ph: (707) 562-8712
lbution: Original: Local Govt Agency
Copy: Fire/Incident Package
Date:
m FSLA-5 (07/03)
Date: