HomeMy WebLinkAbout2011-280
1 RESOLUTION NO. 2011-280
2 RESOLUTION OF THE MA YORAND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE SAN BERNARDINO CITY FIRE
3 DEPARTMENT (SBCFD) TO ENTER INTO A COOPERATIVE AGREEMENT WITH THE
UNITED STATES DEPARTMENT OF AGRICULTURE (USDA), SAN BERNARDINO
4 NATIONAL FOREST, RELATING TO FIRE PROTECTION AND RESCUE SERVICES
WITHIN THE MUTUAL THREAT ZONE.
5
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
6 OF SAN BERNARDINO AS FOLLOWS:
7 SECTION 1. The USDA Forest Service, San Bernardino National Forest, hereinafter
8 called Forest Service, and the San Bernardino City Fire Department, hereinafter referred to as
9 SBCFD, wish to enter into a Cooperative Fire Protection Agreement relating to fire and rescue
10 services within the mutual threat zone (the "Agreement".)
11 SECTION 2. The Fire Chief or his designee is hereby authorized and directed to execute
12 the Agreement, a copy of which is attached hereto and incorporated herein as Attachment "A."
13 SECTION 3. Pursuant to the Agreement, each party will provide to the other a reasonable
14 and reciprocal exchange of fire, rescue and emergency medical services in the mutual threat zone,
15 and shall do so in compliance with the terms, provisions and conditions set forth in Attachment "A."
16 SECTION 4. The term of the Agreement shall be five years from the date of the last
1 7 signature on the Agreement.
18 SECTION 5. Both parties will meet annually, prior to the initiation of fire season to
19 prepare an Annual Operating Plan. The Annual Operating Plan will include protection area maps,
20 current rates for use of each department's equipment and personnel, dispatching procedures, and
21 other items identified in the Agreement as necessary for efficient implementation.
22 SECTION 6. The authorization to execute the Agreement is rescinded if it is not
23 executed within one-hundred-twenty (120) days of the passage of this resolution.
24 III
25 III
26 III
27 III
28 III
FIROTH\RESOS\Fire USDA Coop Ab'1lnt.wpd
2011-280
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE SAN BERNARDINO CITY FIRE DEPARTMENT
2 (SBCFD) TO ENTER INTO A COOPERATIVE AGREEMENT WITH THE UNITED STATES
DEPARTMENT OF AGRICULTURE (USDA), SAN BERNARDINO NATIONAL FOREST,
3 RELATING TO FIRE PROTECTION AND RESCUE SERVICES WITHIN THE MUTUAL
THREA T ZONE.
4
5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
joint
6 Common Council of the City of San Bernardino at a regular meeting thereof, held on the 3rd
7 day of October
8 COUNCIL MEMBERS:
9 MARQUEZ
10 JENKINS
11 BRINKER
12 SHORETT
13 KELLEY
14 JOHNSON
15 MC CAMMACK
16
17
, 2011, by the following vote, to wit:
AYES
NAYS
ABST AIN ABSENT
x
x
x
x
x
x
x
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Rachel Clark, City Clerk
18
The foregoing Resolution is hereby approved this5m day of October, 2011.
19
20
22
yor
21
23 Approved as to form:
24 JAMES F, PENMAN,
City Attorney
25
26 By: ~(9 f/\t:AC~ ~
27 U
28
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2
2011-280
FS Agreement No. 07-FI-11051200-o45
Modification # 1
To
COOPERATIVE FIRE PROTECTION AGREEEMNT
Between
San Bernardino National Forest
And
San B~rnardino City Fire Department
The purpose of this modification is to extend this agreement from August 31,2011 to
Decen:tber 31,2011 or until superseded and cancelled by a new agreement. Except as
provided herein, all terms and conditions in the referenced document remain unchanged
and in full force.
Review:
r nts and Agreements Specialist
APPROVAL:
IN WITNESS WHEREOF, the PARTIES have executed this modification to the.
agreement as of the last date written below.
/Ja~
FIRE CHIEF
Mike Conrad
~
Date
~A
Date
2011-280
Attachment "A/1
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FS Agreement No. llFIl1051200024
Cooperalor Agreement No.
COOPERATIVE FIRE PROTECTION AGREEMENT
Between The
SAN BERNARDINO CITY FIRE DEPARTMENT
Arid The
U.S. Forest Set"vice
SAN BERNARDINO NATIONAL FOREST
This COOPERATIVE FIRE PROTECTION AGREEMENT is made and entered into by
and between the San Bernardino City Fire Depw.tment, hereinafter referred to as the
Department, and the USDA, Forest Service San Bernardino National Forest, hereinafter
referred to as the "U.S. Forest Service," under the authority and provisions of:
Reciprocal Fire Protection Act of May 27, 1955 (42 U.S.C. 1856a), Granger-Thye Act of
April 24, 1950 (16 use 572), and Cooperative Funds and Deposits Act of December 12,
1975, P. L. 94-148, (16 U.S.c. 565al - a3), as amended by the Consolidated
Appropriations Act of 2008 P. L. 110-161 and the Omnibus Public Lands Act, P.L. 111-
I I, Sec 3001
I. PURPOSE
The purpose of this Agreement is to provide for cooperation in the prevention, detection
and suppression of wildland fires, fuels treatments and prescribed fires within the
protection areas of Parties signatory to this Agreement. This Agreement describes the
conditions in which "mutunl 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.
This Agreement provides for cooperation only in wildland fire management activities.
The U.S. Forest Service shall not respond to structure fires, vehicle fires or traffic
accidents in lieu of the Department. The U.S. Forest Service may, as available, respond
to such incidents when adjacent wildlands covered under this Agreement are threatened
by fire from such incidents.
The purpose of the agreement is to also provide overhead personnel for Federal Incident
. Management Teams and miscellaneous overhead resources.
II. STATEMENT OF MUTUAL BENEFITS AND INTERESTS
The U.S. Forest Service has the responsibility for prevention, protection and suppression
of wildland fires on National Forest administered lands. and on adjacent 01' intermingled
State and private forested lands as identified through written agreement.
The Department has the responsibility for prevention, protection and suppression of
structure and other non~wildland fires within the established fire district. These
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structures and lands protected by the Department are intermingled or adjacent to lands
protected by the U.S. Forest Service.
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Therefore, it is mutually advantageous, and in the public interest, for the Parties to
coordinate their efforts in the prevention, detection, and suppression of wildfires 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.
III.DEFINITIONS See Exhibit A attached hereto and incorporated herein by reference.
. .
IV. GENERAL PROVISIONS
1. ANNUAL OPERATING PLANS The Parties will meet annually, prior to the initiation
of fire season, to review and update, if necessary, the Annual Operating Plan (AOP).
This AOP will include protection area maps for all Parties, current rates for use of
depmtment equipment and personnel, lists of principal personnel, dispatching procedures,
and any other items identified in this Agreement as necessary for efficient
implementation. This AOP, as it may be updated from time to time, shall become
attached to and made a part of this Agreement.
2. RECIPROCAL FIRE PROTECTION (MUTUAL AID) As deemed appropriate, the
Parties will include within the AOP reciprocal Initial Attack response areas for lands of
intermingled or adjoining protection responsibilities. Within such areas the 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 SuppOliing
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 current AOP.
3. REQUESTED ASSISTANCE Outside Initial Attack areas, when requested by the
Protecting Party, the Suppolting Party will, within their capability, provide initial action
or other support on wildland fires. Such requested assistance is reimbursable.
4. ASSISTANCE BY HIRE Assistance by Hire is the provision of fire suppression
resources, by one to another, on a reimbursement basis. All requests for Assistance by
-Hire 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, supplles or services provided by the SuppOlting
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 U.S. Forest Service when requested. Such assistance will be
Assistance-by-Hire unless otherwise specified as Mutual Aid in the current AOP.
Except for Mutual Aid, aU requests for fire suppression assistance in either Party's DP A
shall be Assistance by Hire. Any other resources provided by the Supporting Party, and
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not specifically ordered by the Protecting Party, shall be considered a voluntary
contribution and not reimbursed under the terms of this agreement.
5. INDEPENDENT ACTION Except as otherwise described inthe 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 arid a
written incident repOlt with 10 days.
6. 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.
7. 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.
8. BOUNDARY LINE FIRES Both Parties shall have responsibility for Initial Attack in
the case of a Boundary Line Fire. Neither Party will assume the other is aware of the fire,
or is taking action. The officer-in-charge who arrives first at the boundary line fire will
act as Incident Commander. When both Parties have arrived, they will mutually agree to
the designation of the Incident Commander or the initiation of a Unified Command
Structure.
9. COST SHARING On multi-jurisdictional incidents and incidents which threaten or
burn across direct protection boundaries, the Parties will 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 supersede the billing timelines identified in Clause 17.
10. COMMUNICATION SYSTEMS The Parties agree to share the use of communication
systems, radios and radio frequencies for the implementation of this Agreement. Sharing
of frequencies must be approved only by authorized personnel for each Party and
documented in the AOP.
11. FACILITIES. EOUIPMENT AND SUPPORT The Parties may procure, loan, lease,
share or exchange facilities, equipment and support services. This may include, but is not
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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 Party. Any shared cost or reimbursements
will be governed in accordance with a Supplemental Project Agreement signed by each
Party.
12. 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 in a Supplemental Project Agreement signed by each Party
prior to starting the project, which agreement shall include an explanation of the
objectives of each undertaking and the role each Party will play in accomplishing that
objective. Any shared cost or reimbursements will be governed in accordance with the
Supplemental Project Agreement.
13. 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. Items not available at the incident will be
documented and an "S" number will be issued to authorize replacement after the resource
leaves the incident.
14. PRESERVATION OF EVIDENCE Both Parties will take action to protect and
preserve the fire origin area and evidence pertaining to the fire cause.
15. TRAINING The Parties will cooperate to ensure 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 als,o 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.
16. FIRE TRAINING CENTERS The Parties agree to reimburse (or bill) for fire training
rendered at 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.
17. BILLING PROCEDURES The Supporting Party will bill the Protecting Party for
actual costs incurred for Assistance by Hire. Reimbursements will be limited to the
provisions of the Agreement and the applicable AOP, regardless of whether or not it is
authorized on the Resource Order or other documentation produced by the incident.
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Reimbursable costs may include transportation, salary, overtime, per diem and other
approved expenses of Supporting agency personnel. Rates and conditions of use for the
equipment and personnel are documented in the AOP.
Parties shall submit a bill within 90 days of the incident.
Parties must use their own invoice form for billing under this Agreement to avoid any
confusion with other services that may have been ordered under other agreements.
Invoices must identify Supporting Party's 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.
Supp0l1ing documentation will itemize detail~. of billing, listing personnel, equipment,
travel and per diem, aircraft, supplies and purchases as approved in the attached AOP. It
will ~lso include itemized deductions for maintenance and repair of equipment.
Department invoices will include "Record of Activities" (FSLA-5) and U.S. Forest
Service invoices will include transaction register.
Invoices for services under this agreement must be sent to:
U.S. Forest Service Department
Name: ROCKY OPLIGER Name: MIKE CONRAD
Address: 602 Tippecanoe Ave. Address: 200 E. 3m Street
City, State, Zip: San Bernardino, CA. City, State, Zip: San Bernardino, CA.
92408 92410-4804
Telephone: 909-382-2630 Telephone :909-384-5286
FAX: 909-383-5770 FAX: 909-384-5281
Email: rooliger@fs.fed.us Email: Conrad mi@sbcity.org
All bills will have a payment due date 30 days upon receipt.
Contested Billings: Written notice that a bill is contested will be mailed to the Party
within 30 days of receipt of the invoice and will fully explain the contested items.
Contested items should be resolved no later than 60 days following receipt of the written
notice. Parties are responsible for facilitating resolution of contested billings.
Billing requirements and rates are documented in the attached AOP.
18. FIRE PREVENTION Parties may agree to share responsibilities and materials for fire
prevention activities. Materials may include posters for display in public buildings,
businesses and the like. Parties may share responsibility for fire prevention and rural fire
safety presentations and demonstrations.
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19. FIRE RESTRICTIONS AND CLOSURES
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Parties will coordinate restrictions and
20. PRESCRIBED FIRE AND FUELS MANAGEMENT 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. Reimbursements
will be governed in accordance with a Supplemental Project Agreement signed by each
Party.
In the event a wildfire results from Prescribed Burning operations, responsibility and
accountability for the cost of suppression rest with the Party that has authority for igniting
the burn as identified in the Rx Burn Plan.
Parties will keep each other informed of Prescribed Fire operations.
21. NATIONAL EMERGENCIES The Parties to this Agreement may respond upon
request to National declared emergencies providing there are no statutory prohibitions
against such use.
22. 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.
23. EXAMINATION OF RECORDS Each Pmty 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 as provided by the Freedom of Information Act
(FOIA) and Privacy Act. Parties shall retain and make supporting documents available
for a period of 5 years after final payment.
24. FUNDING LIMITATION Nothing herein shall be considered as obligating either
Party to expend, or as involving either 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. NATIONAL INCIDENT MANAGEMENT SYSTEM The Parties to this Agreement
will operate under the concepts defined in the National Incident Management System
(NIMS) 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.
26. FIREFIGHTER & OVERHEAD QUALIFICATIONS U.S. 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
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specified in National Wildfire Coordinating Group's (NWCG) PMS 310-1 to any U,S.
Forest Service incident; IMT assignment or overhead request.
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27. PERSONAL PROTECTIVE EQUIPMENT The Parties agree to provide their
respective responding personnel with approved personal protective equipment (PPE)
suitable for the assignment. In the case of U.S. Forest Service resources, NFP A 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.
28. 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.
29. EQUIPMENT The Party that owns the equipment is responsible for the operation,
service, and repair of such equipment. The Protecting Party shall payor reimburse for
damages in excess of normal wear and tear, and shall replace or reimburse items lost or
destroyed, except for damages occurring as a result of negligence by the SuppOliing
Party. Special rates for Federal Excess Personal Property (FEPP) equipment will be
displayed in the rate schedules, which eliminate any purchase or replacement costs for the
apparatus.
30. SUPPLEMENTAL FIRE DEPARTMENT RESOURCES There are situations when
additional support personnel are necessary for national mobilization and the need can be
filled by supplemental personnel available to the fire district. When this situation arises,
resources will be mobilized via the process outlined in Exhibit D.
31. WAIVER OF CLAIMS AGAINST THE PARTIES The Depmtment and Federal
agencies hereby waive all claims between and against each other for compensation for
loss, damage, and personal injury, including death, to each other's property, employees,
agents, and contractors occurring in the performance of this agreement.
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 Sections 119 and
504 of the Rehabilitation Act of 1973 as amended, which prohibits discrimination on the
basis of race, color, religion, sex, age, national origin, marital status, familial status,
sexual orientation, participation in any public assistance program, or disability.
33. ACCIDENT INVESTIGATIONS 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 Palty shall initiate an investigation of the accident. A team made up of .
appropriate representatives from all affected agencies shall conduct the investigation.
Costs for investigation personnel are Party-specific and will be borne by the sending
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Party. Other accident or incident investigation costs are the fiscal responsibility of the
Party (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
U.S.c. 552).
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.l1sda.gov/dc.i.a/cftweb.htm.
36. DUNS NUMBER The cooperator shall furnish their DUNS number upon execution of
this instrument. You may obtain a DUNS number by contacting Dun and Bradstreet at
800-234-3867 or 866-794-1580. A DUNS number will be provided immediately by
telephone at no charge.
37. ELECTRONIC FUNDS TRANSFER (EFT) The recipient/cooperator shall designate
a financial institution or an authorized payment agent through which a federal payment
may be made in accordance with US Treasury Regulations, Money and Finance at 31
CFR 208, which requires that federal payments are to be made by EFT to the maximum
extent possible. A waiver may be requested and payments received by check by .
celtifying in writing that one of the following situations apply:
1. The payment recipient does not have an account at a financial institution.
2. EFT creates a financial hardship because direct deposit will cost the payment
recipient more than receiving a check.
3. The payment recipient has a physical or mental disability, or a geographic, language,
or literacy barrier.
In order to receive EFT payments the recipienUcooperator shall register in the Central
Contractor Registry (CCR). YOLl may register by going to www.eer.gov and following
the instmctions provided online. For assistance, contact the CCR Assistance Center at
888-227-2423 or 269-961-4725
38. PREVIOUS AGREEMENTS CANCELED This Agreement supersedes and cancels
any prior Cooperative Fire Protection Agreement between the Parties.
39. TERMINATION Both Parties retain the right to terminate their participatlon under this
Agreement by providing 30 days written notice to the other Party.
40. MODIFICATIONS Modifications within the scope of the instrument must be made by
mutual consent of the parties, by the issuance of a written modification, signed and dated
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by all parties, prior to any changes being performed. The U.S. Forest Service is not
obligated to fund any changes not properly approved in advance.
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41. COMMENCEMENT/EXPIRATION DATE This instrument is executed as of the
date of last signature and is effective for five years from that date, at which time it will
expire unless extended.
42. 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.
43. PRINCIPAL CONTACTS. Individuals listed below are authorized to act in their
respective areas for matters related to this instrument.
Principal Cooperator Contacts:
Coo el'atol' PI'O ram Contact
Name: George Avery, Division Chief
Address: 200 E. 3rd Street
City, State, Zip: San Bernardino, CA. .
92410-4804
Telephone: 909-214-0482
FAX: 909-384-5281
EmaiI: avery ae@sbcit .or
Coo eratol' Administrative Contact
Name: Norma Camarena
Address: 200 E. 3rd Street
City, State, Zip: San Bernardino, CA.
92410-4804
Telephone: 909-384-5286
FAX: 909-384-5281
Email: camarena no@sbcit .01'0
Principal U.S. Forest Service Contacts:
U.S. Forest Service Program Contact U.S. Forest Service Administrative
Contact
Name: Steve Seltzner Name: Bonnie Harris
Address: 602 Tippecanoe Ave. Address: 701 N. Santa Anita Ave.
City, State, Zip: San Bernardino, Ca. City, State, Zip: Arcadia, CA. 91006
92408 Telephone: 626-574-5246
Telephone: 909-382-2631 FAX: 626-574-5363
FAX: 909-383-5770 Email: bharris@fsJed.us
Email: sseltzner@fs.fed.us
__u___ -....
44. AUTHORIZED REPRESENTATIVES. By signature below, each Party certifies that
the individuals listed in this document as representatives of the individual Parties are
authorized to act in their respective areas for matters related to this instrument. In
witness whereof, the Parties hereto have executed this instrument as of the last date
written below.
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MIKE CONRAD, Fire Chief Date
San Bernard.ioo City Fire Department
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JODY NOIRON, Forest Supervisor Date
U.S. Forest Service, San Bernardino National Forest
The authority and format of this instrument have beeo reviewed and approved for
signature.
Burden Statement
According to the Paperwork Reduction Act of 1995, an agency may not conduct or sponsor, and a person is not required to respond to a collection of
information unless it displays a valid OMS control number. The valid OMS control number for this information collection is 0596-0217. The time
required 10 comptete this information collection is estimated to average 4 hours per response, including the time for reviewing instructions, searching
existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information.
The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age,
disability, and where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs,
reprisal, or because all or part of an individual's Income is derived from any public assistance. (Not all prohibited bases apply to an programs.)
Persons with disabilities who require altema1ive means for communication of program information (Braille, large print, audiotape, etc.) should contact
USDA's TARGET Center at 202-720-2600 (voice and TOO).
To file a complaint of discrimination, write USDA, Director, Office of Civil Rights, 1400 Independence Avenue, SW, Washington, DC 20250-9410 or
call tolllree (B66) 632-9992 (voice). TOD users can contact USDA through local relay or fhe Federal relay at (800) B77-B339 (TOD) or (866) 377-
8642 (relay voice). USDA is an equal opportunity provider and employer.
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COOPERATIVE FIRE PROTECTION AGREEMENT
EXHIBIT A
DEFINITIONS
ADMINISTRA TNE 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 Department or Forest Service.
ASSISTANCE BY HIRE: Fire suppression resources and associated support resomces
needed to.fill the incident order that are to be paid for by the Protecting Party. Terms of
the agreement establish the reimbursement rates.
A V AILABLE: 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 Depattment 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.
COOPERATNE FIRE PROTECTION: Specific fire protection services furnished by
one pruty 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. DP As may include a mixture of Department and Forest Service responsibility
areas.
DIRECT PROTECTION AREA MAPS: Official maps which identify areas of direct
wildland fire protection for each Party.
Page 1 ] of [6
03 Ian 1 [
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~ USDA, Fores! Service
OMS 0596-0217
FS-1500-7
FEDERALEXCESS 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 lllral 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, bur 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.
HELITACK: 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 of life or
damage to property and/or natural resources.
INITIAL ATTACK: Resources initially committed to an incident.
JURISDICTIONAL PARTY: The party which has overall land and resource management
and/or protection responsibility as provided by law.
LINE OFFICER! AGENCY REPRESENTATIVE: A Supporting Party employee with
full authority to make decisions on all matters affecting that Party's participation at the
incident.
. Page 12 of 16
m Jnn 11
2011-280
~
~ USDA, Forest Service OMS 0596-0217
FS-1500-7
MOVE-UP AND COVER: Identifies a relocation of fire suppression resources from theil'
established location toa temporary location to provide fire protection coverage for an
initial attack response area.
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 ancl 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, EXCEPT when the response is under a unified command
and the fire threatens both local and federal jurisdictions. Fiscal responsibility for all
aircraft will be determined by the ordering process, utilization and cost share agreements.
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.
SUPPLEMENTAL FIRE DEPARTMENT RESOURCES: Overhead tied to a local fire
department generally by agreement who are mobilized primarily for response to
incidents/wildland fires outside of their district or mutual aid zone.' They are 110t a
permanent paIt of the local fire organization and are not required to attend scheduled
training, meetings, etc. of the department staff.
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 loc~tecl.
Page 13 of 16
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[ ~ liSDA, Po,"" S,,,;,, OMB 0596 om
FS-1500-7
SUPPRESSION: All the work of confining and extinguishing a fire beginning with its
discovery.
UNIFIED COMMAND: The organizational stmcture implemented on multi-
jurisdictional incidents. The Pmties' 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. .
Page ]4 of 16
03 Jarl 11
2011-280
. .
e.".....
u!s
. USDA. Forest Service
OMB 0596-0217
FS-1500-7
COOPERA TIVE FIRE PROTECTION AGREEMENT
Exhibit D
SUPPLEMENTAL FIRE DEPARTMENT RESOURCES
When mobilizing Supplemental Fire Department Resources outside of the fire district or
mutual aid zone the following will apply.
Mobilization
Mobilization will follow establi~hed ordering procedures as identified in the National,
Geographic, and Local Mobilization Guides. Resources will be mobilized from the Host
Dispatch Zone in which the departmen.t is located. Personnel will be provided a copy of
the resource order request after confirmation of availability and prior to departure from
their home jurisdiction. Resource orders shall clearly indicate incident assignment,
incident location, expected incident arrival time, and any additional special needs or
equipment authorizations, e.g. rental vehicles, etc.
Reimbm'sable Costs
Reimbursable costs for personnel include compensation rates for hours worked,
transp0l1ation, and per diem. It is the intent of this provision that the Supplemental Fire
Department Resource be paid a regular compensation rate for all hours worked plus an
overtime compensation rate for actual overtime hours worked, including travel.
Reimbursable costs shall not include portal to portal payor the employee portion of
benefits. Travel and per diem reimbursements will be based on the Federal Travel
Regulations.
Backfill is not reimbursable for personnel hired as Supplemental Fire Department
Resources.
An indirect cost allowance equal to ten percent of the direct salary and wage cost of
providing the service (excluding over1ini.e, shift premiums, and fringe benefits) is
allowed.
Personnel
All personnel will possess an active Incident Qualification System (IQS) or equivalent
incident qualification documentation commensurate with all applicable NWCG 310-1
standards for training and qualifications. Personnel will be qualified for their assigned
positions. SAN BERNARDINO CITY FIRE DEPARTMENT is responsible for
annually certifying and maintaining the qualifications of their Supplemental Fire
Department Resources. SAN BERNARDINO CITY FIRE DEPARTMENT will bear
the cost of training for their Supplemental Fire Department Resources.
Any personnel to be mobilized under this exhibit will be listed in the Annual Operating
Plan (AOP) by name, position(s), and identified as SR. While on assignment, these
individuals are SAN BERNARDINO CITY FIRE DEPARTMENT employees and the
Page 15 of 16
03 Jan II
u
2011-280
.-,
OMO ;,,~
FS-1500-7
SAN BERNARDINO CITY FIRE DEPARTMENT will be reimbursed for their actual
co~ts.
~
~ USDA. Fores! Service
Rate Determination
The basis for the computation of base hourly rate is the classification level of the position
filled according to the attached matrix. Base hourly rate shall be no more than step 5 of
the appropriate GS wage adjusted for locality pay at the location of the fire district.
These rates can be found on the OPM web site http://www.opm.gov, Salaries and Wages.
Personnel are hired at the rate of the position being filled, not their highest qualification.
The hourly compensation rates identified in the AOP are computed as follows:
1) Regular Compensation Rate: The rates listed include base hourly rate
determined above plus employee benefits. Employee benefits include those costs actually
incurred by the SAN BERNARDINO CITY FIRE DEPARTMENT for the
employment of these individuals, such as employer liability, workers compensation,
employer share of social security, etc.
2) Overtime Compensation Rate: Overtime compensation rates are paid based on
a 7 day work week beginning on day one of mobilization. Compensation rates are paid ~t
time and a half of the base hourly rate for all hours worked in excess of 8 hours per day
for the first 5 days and full time and one half for all hours worked during the remainder Of
the work week. Compensation includes travel time.
3) Hazard Pay Rate: Hazard pay differential is paid to those employees
performing work that meets the definition of hazardous duty as defined in the Interagency
Incident Business Management Handbook, Section 12.9. Compensation rates are paid at
25 percent of the base rate when performing duties that meet the definition of hazardous
duties. All hazard pay differential is based on a 24-hour day from 0001-2400 and shall be
paid for all hours in pay status during the calendar day in which the hazardous duty is
performed.
Days off at Incident
Days off at the incident will be paid for 8 hours. Work/rest guidelines will be followed,
and mandatory days off will follow current guidelines (IIBMH 12.7-2 #4). Once travel to
the home unit commences days off will not be paid.
Transportation and Per Diem
Per Diem reimbursements will be based on the Federal Travel Regulations. The payment
rate for privately-owned vehicles (POVs) and rental vehicles Llsed to support
Supplemental Fire Department Resources shall be at the current Federal Travel
Regulation rate.
Page 16 of 16
03 Ian II
2011-280
FS Agreement No.
Cooperator Agreement No.
llFI11051200024
Exhibit B
2011
ANNUAL OPERATING PLAN
FOR COOPERATIVE FIRE PROTECTION AGREEMENT
Between
SAN BERNARDINO CITY FIRE DEPARTMENT
and
U.S. Forest Service
SAN BERNARDINO NATIONAL FOREST
ANNUAL OPERATING PLAN
The Parties will meet annually, prior to the initiation of fire season to review and update, if
necessary, the Annual Operating Plan (AOP). This annual review will be documented by signing
and dating the review block on the signature page of this AOP. This AOP will include protection
area maps for all Parties, 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. This AOP takes effect as of the date of the last signature and will remain in effect
until superseded by a new AOP or upon expiration 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 pHot(s) shall always be Assistance by Hire,
EXCEPT when the response is under a unified command and the fire threatens both local and
federal jurisdictions. Fiscal responsibility for all aircraft will be determined by the ordering
process, utilization and cost share agreements.
DESCRIPTION OF FOREST SERVICE DIRECT PROTECTION AREA (DPA)
The Forest Service has the responsibility for prevention, protection and suppression of wildland
fires on National Forest administered lands; and on adjacent or intermingled State and private
forested lands as identified through written agreement.
SEE DPA MAP
Page 1 of 15
03 Jan 11
20ll-2~W
DESCRIPTION OF DEPARTMENT DIRECT PROTECTION AREA (DPA)
The Department has the responsibility for prevention, protection -and suppression of structure and
other non-wildland fires within the established fire district. These structures and lands protected
by the Department are intermingled or adjacent to lands protected by the U.S. Forest Service.
SEEDPAMAP
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 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.
COMMUNICA TIONS AND FREOUENCY 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 of those 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
Page 2 of 15
03 Jan 11
2011-280
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.
SHARING FREQUENCIES
The Department agrees to authorize use by the Forest Service of the following frequencies:
San Bernardino City Fire Department uses 800 MHz system:
10-SBFD-I
10-SBFD-2
10-SBFD-A
lO-SBFD-B
10-SBFD-C
10-SBFD-D
10-SBFD-E
10-FTAC-l
IO-FTAC-2
1 O.CT AC-I
lO-CTAC-2
Command Nets: lO-SBFD-l
20-SBFD-2
Tactical Nets: 154.385 TX 154.385 RX Orange
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:
Command Nets: 171.4750 Tx 171.4750 Rx Forest Net
169.8750 Tx 171.4750 Rx Forest Net Repeat
Tactical Nets: 168.0500 Tx 168.0500 Rx Tact
168.2000 Tx 168.2000 Rx Tac 2
168.6000 Tx 168.6000 Rx Tac3
170.0000 Tx 170.0000 Rx FS Air to Ground
Page 3 of 15
03 Jan 11
2011-280
, .
These frequencies will be used for fire/emergency only within or adjacent to the Forest Service's
responsibility area.
OPERATIONAL & DUTY OFFICER CONTACTS
DEPARTMENT DUTY OFFICER CONTACT
SAN BERNARDINO CITY FIRE DEPARTMENT
FIRE MANAGEMENT
m:!:~;)}!.i~!ft:i~;Jt ;~\i ::::~:~:~;~~<! ~'~~; !:i~~ }~, ~:)j6t::. : ;': .(:~ ~~:::tJ ~ .}:~~i~~:~l[{t'~~ ~~i".~,~~tt:~~,:'~~ ~:~,~~; ~f:;:~~~.' ::~i/zt J~Lf.&::t:~{'lG: :~,)~ 'f~~:'~~"~~;~~~d~;~
~18lr~~~~~1~~~'~1(;~1;~,:~i),:~1~~~\j~::~:y![ifl~);jT:;r1;,:.~:'j;'i~~1,ii;;~
Mike Conrad, Chief 600 909.384.5286 909.659.6670
Mat Fratus. Deputy Chief 601 909.384.5286 909.844.3309
Doug Dupree, Fire Marshal 610 909.384.5388 760.403.2333
Eric Esquivel, Division Chief 602 909.384.5286 909.578.8314
Mike Alder, Division Chief 603 909.384.5286 951.972.7878
Denis Moon, Division Chief 604 909.384.5286 760.221.9002
George Avery, Battalion Chief 605 909.384.5279 909.214.0482
Thomas Hannemann, Battalion
Chief 606 909.384.52791 951.733.7593
P-aul Drasil, Battalion Chief 607 S09.384.5279 909.213.2689
FOREST SERVICE DUTY OFFICER CONTACT
SAN BERNARDINO NA TIONAL FOREST
FIRE and A VIA TION MANAGEMENT
Kurt Winchester
Chief 1
Chief 2
Division 8
Division 9
Division 10
Chief
De ut
Fire Protection S eclalist
Fire Planner/Admin
Fuels Specialist
909.382.2629 909.693.9818
909.382.2630 951.315.5119
909.382.2632 951.315.5854
909.573.5217
Steve Seltzner
Vacant
909.382.2689
Page 4 of 15
03 Jan 11
2011-2~W
o '
FOREST SERVICE LINE OFFICER CONTACT
er 3
909.382.2600
909.382.2603 951.505.4719
909.382.2728 909.486.1724
909.382.2850 951.315.5850
909.382.2922 951.228.9079
Su ervisor 1
Laurie Rosenthal
ICS QUALIFIED LIST AND IMT PERSONNEL
The list of qualified personnel is maintained by the Department's CommandJDispatch Center.
The resources may be available on an Assistance-by-Hire basis depending on Party's drawdowl1
and commitments.
THE USE OF 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.
Department trainees identified in the IMT Priority Trainee lists are pre-approved. The Forest
Service agrees to pay for the Department's trainees that are pre-approved and/or attached to a
Type 1 or Type 2 IMT.
All other Department trainees that are not pre-approved will be the cost responsibility of the
sending unit.
PA YMENT OF STRUCTURE PROTECTION
For wildfires within the Department's or Forest Service's DP A, 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 DP As 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.
Page 6 of 15
03 Jan 11
Mike Eaton
Leslie Crenshaw
Tom Sensintaffar
Dan Snow
Division 7
Battalion 7
Division 6
Safet 1
2011-280
909.382.2994
909.382.2989
909.382.2749 951.316.4555
909.382.2633 951.313.5453
David Kell
Rene Vanderhooft
Bett Ashe
Mike Koontz
Mark Patino
Division 1
Battalion 11
Battalion 12
Battalion 13
Battalion 14
Division Chief
West Battalion
Protection Battalion
East Battalion
Fuels Battalion
909.382.2772 909.693.0241
909.382.2769 951.315.5845
909.382.2802 909.754.1428
Mike Wakoski Division 3 Division Chief 909.382.2877 951.236.1925
Mike Howes Battalion 31 West Battalion 909.382.2879 909.269.2927
Battalion 32 Protection Battalion 909.382.2893 909.314.6950
Battalion 33 East Battalion 909.382.2892 951.315.5853
Battalion 34 Fuels Battalion 909.382.2878 909.224.4315
Dan Felix Division 5 Division Chief 909.382.2943 951.314.1427
Gre Ross Battalion 51 Su resslon Battalion 909.659.2377 909.615.9710
Richard Gearhart Battalion 52 Protection Battalion 909.659.5130 951.315.5856
Chris Fo Ie Battalion 53 Suppression Battalion 909.659.3926 909.238.2107
Battalion 54 Fuels Battalion 909.659.3924 909.573.3758
Page 5 of 15
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2011-280
REIMBURSEMENT RATES AND METHODOLOGY (non-aviation)
Department Personnel and Equipment:
Reimbursement for personnel will be based on personnel rates on file with the California
Emergency Management Agency (Cal EMA) at the time of the incident and reimbursement
methodologies outlined in the California Fire Assistance Agreement (CFAA).
The Department and Forest Service acknowledge the special legal requirements of each Patty to
provide backfill coverage (to respond to subsequent emergencies) that becomes necessary as a
result of the execution of the Agreement. Actual costs associated with backfill needs are not
reimbursable. Reimbursement rates and methods under the CFAA are designed to provide
financing for backfill needs.
Personnel that routinely respond to emergencies (Chief Officers, Company Officers, and
Firefighters) will be reimbursed portal to portal for time committed to the incident. All other
personnel (civilian) will be reimbursed for actual time worked on the incident unless there is a
MOD or governing body resolution that dictates the specific position is to be reimbursed portal
to portal for the time committed to an emergency incident. The MODs or resolutions must not
be contingent on this agreement or executed on the sole basis that there is reimbursement from
the federal or state agency. Firefighters also include crew members, helicopter pilots and dozer
operators.
Reimbursement for equipment will be based on the CF AA Rate Letter applicable at the time of
the incident. The Protecting Party will provide fuel and lubricants while the equipment is on the
incident. The Supporting Party will provide fuel and lubricants while the equipment is en route
to the incident and while returning to the home unit. The Protecting Party shall payor reimburse
for damages in excess of normal wear and tear, and shall replace or reimburse items lost or
destroyed, except for damages occurring as a result of negligence by the Supporting Party.
Organized Emergency Crew resources including Type land 2 crews, Fuels Crews, and flight
crews will be reimbursed at actual hours worked per day consisting of straight and overtime as
applicable unless labor agreements otherwise specify. Rates for these crews will be developed,
agreed to in advance and published annually herein.
An Administrative Rate can be added to the total of the personnel, support equipment, and other
approved reimbursements. The current standard Administrative Rate is 10% unless the
Department has submitted an agency specific administrative rate to Cal EMA under the CFAA.
The rate on file with Cal EMA at the time of the incident will be used.
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-S 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.
Page 7 of 15
03 Jan 11
2011-280
For Reimbursement under the terms of this agreement all resource orders must be dispatched and
processed by the SAN BERNARDINO National Forest Emergency Communication Center.
Any request not dispatched or processed by this ECC will not be reimbursed under this local
agreement.
Forest Service Personnel and Equipment:
Reimbursable Forest Service costs will include 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 herein, and independent action situations). The Department
will be billed for support to incidents that are the jurisdictional responsibility of the Department.
The Administrative Rate for the Forest Service is published in the agency's Annual Program
Direction.
REIMBURSEMENT RATES AND METHODOLOGY (aviation)
Federal Excess Property Pro2ram (FEPP) Equipment
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 include
amortization, depreciation, replacement costs, modification. start-up costs, or related charges.
Aircraft
Flight and stand-by rates for aircraft will be developed, agreed to in advance, and published
annually herein, utilizing the rates andlor methodology utilized by the California Department of
Forestry and Fire Protection (CAL FIRE). 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 CAL FIRE Type 2 helicopter rate (same CAL FIRE UH-IH
Super-Huey specification and cost basis) which includes pilot costs. Helitack crew with
Helitender, Fuel Truck and chase vehicle (e.g. 1- Ton Pickup) will be itemized separately.
Flight Crew and Crew Carrying Vehicle (CCV) will also be itemized separately.
Page 8 of 15
03.Jan 11
2011-280
WHERE TO SEND REIMBURSEMENT INVOICES
Invoices for services under this agreement must be sent to the following addresses as
appropriate. This address supersedes any invoice mailing address which may be reflected in the
existing cooperative agreement.
Invoices for services under this agreement must be sent to:
U.S. Forest Service
Name: USDA Forest Service
San Bernardino National Forest
Address: 602 S. Tippecanoe Ave.
City, State, Zip: San Bernardino, CA 92408-2607
Artn: Rocky Opliger
Telephone: 909-382-2630
FAX; 909-383-5770
Email: rolierfs.fed.us
Department
Name: San Bernardino City Fire Department
Address: 200 E. 3rd Street
City, State, Zip: San Bernardino, CA 92410-
4889
AUn: Mike Conrad
Telephone: 909-384-5286
FAX: 909-384-5281
Email: Conrad mi@sbcity.org
SUPPLEMENTAL FIRE DEPARTMENT RESOURCES
Mobilization of Supplemental Resources is covered in Exhibit D.
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 (except as provided below)
. Personal telephone charges
. Support items normally available in Supply Unit, e.g. tents, sleeping bags, pads, water
coolers, etc.
Costs of agency cell phones in excess of normal monthly charges are reimbursable when
supported by cell phone provider bills.
DURATION OF ASSIGNMENTS
Consideration must be given to the health and safety of personnel when assigned to fires of long
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
Page 9 of 15
03 Jan 11
2011-280
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.
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 DPA. The only exceptions are for
those emergency incidents under the jurisdiction of the California Highway Patrol, County
Sheriff, California Department of Fish & 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 of Smokey 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.
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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-5) (except vegetation
management program and brushland 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 of CDF. 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 burn permits are issued. Fire Restrictions, Red Flag or other situations that may
affect the safe execution of campfire and/or burn permits will be shared by each Party.
NON-FIRE PROJECT USE OF RESOURCES
Each of the Parties may jointly conduct appropriate mutual interest projects such as prescribed
burns and facility/compound maintenance. Any shared cost or reimbursement will be governed
in accordance with a Supplemental Project Agreement signed by each Party prior to the start of
the project.
WILDLAND FIRE DECISION SUPPORT SYSTEM (WFDSS)
Forest Service policy requires the use of "Wildland Fire Decision Support System" (WFDSS) for
all fires on or threatening Forest Service administered lands that have escaped initial attack. In
Unified Command situations the Forest Service will include the Department's input into the
development of control objectives, strategy and priorities.
SUPPRESSION AND DAMAGE COLLECTION
The Department 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
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 next expenditures of either Party to accomplish services
provided for in this Agreement, then such collections may be reported and shared
proportionately, after deducting the cost of collection.
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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 DPA 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.
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.
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APPROVAL:
IN WITNESS WHEREOF, the Parties have executed this Annual Operating Plan as of the last
date written below:
J;UJ/, ~ S-;3~ZoII
MICHAEL 1. CONRAD, Department Chief Date
San Bernardino City Fire Department
JO~.~9,~~or 6(5/11
u.s. Forest Service, San Bernardino National Forest Date
The authority and format of this instrument have been reviewed and approved for
~iPMAil ,0[ nJJI
U.S. Forest Service Grants & Agreements Specialist
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ANNUAL REVIEW:
IN WITNESS WHEREOF, the Parties have completed the annual review of this AOP on the date
written below:
MICHAEL J. CONRAD, Department Chief Date
San Bernardino City Fire Department
JODY NOIRON, Forest Supervisor
U,S. Forest Service, San Bernardino National Forest Date
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ex.h-ifU.{ 11 ["
ACTIVITY RECORD
FOREST SERVICE, REGION 5
LOCAL COOPERATIVE FIRE AGREEMENT
AGREEMENT NO:
DEPARTMENT:
Date and Time Departed:
hrs. Return Date and Time:
hrs.
DISPATCH INFORMATION
Incident Name:
Reporting Location
Incident Number:
Incident Code:
Resource Order Number
Reporting DatefTime:
PERSONNEL INFORMATION
Dates of Services Request Payroll Name(s) ICS Position Total Hours to be
Number reimbursed
--
..- --
I
-------------.
i
I
Ap PARA Tus/EQU I PM ENT/VEH I CLE IN FORMATION
1- Type of Vehicle Category Vehicle Total Mileage
Dates of Services Apparatus / Module Strike Team # Apparatus or Information Or
Sedan SUV Van
Engine, Water Tender, Vehicfe # PU 2x4 4x4 POVor Operating
Dozer, Crew or Other Rental Company Hours
I
Signature of Authorizing Officer For Department:
Date Signed:
Form Distribution:
Original: Local Government Agency
(Attach to Dept invoice/bill)
Copy: Incident Management Team
Finance Section
Approved by
IC or FSC:
Date:
~ FSLA-5 (01/2011)
, 1
2011-280
.~ :-
Exhibit D
2011
Annual Operating Plan
for the
Mobilization of Supplemental Fire Department Resources
The following personnel of the SAN BERNARDINO CITY FIRE DEPARTMENT are
designated Supplemental Fire Department Resources. Personnel may be added through an
amendment or as a revision to this AOP. While on assignment, these individuals are SAN
BERNARDINO CITY FIRE DEPARTMENT employees and the SAN BERNARDINO CITY
FIRE DEPARTMENT will be reimbursed for their actual costs.
The FY 2010 hourly compensation rates for the identified SAN BERNARDINO CITY FIRE
DEP ARTMENTpersonnel include any applicable pay as follows:
FY2011 Hourly Compensation Rates for Supplemental Fire Department Resources from
SAN BERNARDINO CITY FIRE DEPARTMENT:
Personnel
$/hr
$lhr
$/hr
$/hr
$/hr
Status Position T e
Overtime Com . Rate
Name
SR $/hr
$/hr
$/hr
SR $/hr
SR $/hr
Name
Name
The regular compensation rates identified above include the following items:
Employer liability at xx%
Workers compensation at xx%
Medicare at xx%
Employer Contribution to Social Security at xx
Documentation for items included in rates will not be required to be submitted with billing, but
should be maintained, and may be requested by the government at any time.
The administrative charge on reimbursable costs for these resources is limited to 10% (rate set by
NWCG).
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FS Agreement No. 07-FI-11051200-045
Modification # 1
To
COOPERATIVE FIRE PROTECTION AGREEEMNT
Between
San Bernardino National Forest
And
San Bernardino City Fire Department
The purpose of this modification is to extend this agreement from August 31, 2011 to
December 31, 2011 or until superseded and cancelled by a new agreement. Except as
provided herein, all terms and conditions in the referenced document remain unchanged
and in full force.
Review:
r nts and Agreements Specialist
APPROVAL:
IN WITNESS WHEREOF, the PARTIES have executed this modification to the
agreement as of the last date written below.
JJa~
FIRE CHIEF
Mike Conrad
JJdn
Date
J7/~/r,
.
Date
2011-280
Attachment "A"
S USDA. Forest Service OMB OS96-02171
FS. I SOO.7 !
J
FS Agreement No. 11 FIll 051200024
Cooperator Agrecmellt No.
COOPERATIVE FIRE PROTECTION AGREEMENT
Between The
SAN BERNARDINO CITY FIRE DEPARTMENT
And The
U.S. Forest Service
SAN BERNARDINO NATIONAL FOREST
This COOPERATIVE FIRE PROTECTION AGREEMENT is made and entered into by
and between the San Bernardino City rire Department, hereinafter referred to as the
Department, and the USDA, Forest Service San Bernardino National Forest, hereinafter
referred to as the "U.S. Forest Service," under the authority and provisions of:
Reciprocal Fire Protection Act of May 27, 1955 (42 U.S.e. 1856a), Granger-Thye Act of
April 24, 1950 (16 use 572), and Cooperative Funds and Deposits Act of December 12,
1975, P. L. 94-148, (16 u.s.e. 565al - a3), as amended by the Consolidated
Appropriations Act 01'2008 P. L. 110-161 and the Omnibus Public Lands Act, P.L. lil-
li, Sec 3001
I. PURPOSE
The purpose of this Agreement is to provide for cooperation in the prevention, detection
and suppression of wildland fires, fuels treatments and prescribed 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.
This Agreement provides for cooperation only in wildland fire management activities.
The U.S. Forest Service shall not respond to structure fires, vehicle fires or traffic
accidents in lieu of the Department. The U.S. Forest Service may, as available, respond
to such incidents when adjacent wildlands covered under this Agreement are threatened
by fire from such incidents.
The purpose of the agreement is to also provide overhead personnel for Federal Incident
Management Teams and miscellaneous overhead resources.
II. STATEMENT OF MUTUAL BENEFITS AND INTERESTS
The U.S. Forest Service has the responsibility for prevention. protection and suppression
of wildland fires on National Forest administered lands, and on adjacent or intermingled
State and private forestecllands as identified through written agreement.
The Depaltment has the responsibility for prevention, protection and suppression of
structure and other non-wildland fires within the established fire district. These
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structures and lands protected by the Department are intermingled or adjacent to lands
protected by the U.S. Forest Service.
Therefore, it is mutually advantageous, and in the public interest, for the Parties to
coordinate their efforts in the prevention, detection, and suppression of wildfires 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.
III. DEFINITIONS See Exhibit A attached hereto and incorporated herein by reference.
IV. GENERAL PROVISIONS
1. ANNUAL OPERATING PLANS The Parties will meet annually, prior to the initiation
of fire season, to review and update, if necessary, the Annual Operating Plan (AOP).
This AOP will include protection area maps for all Parties, current ratcs 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, as it may be updated from time to time, shall become
attached to and made a part of this Agreement.
2. RECIPROCAL FIRE PROTECTION (MUTUAL AID) As deemed appropriate, the
Parties will include within the AOP reciprocal Initial Attack response areas for lands of
intermingled or adjoining protection responsibilities. Within such arcas the 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 supprcssion 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 current AOP.
3. REQUESTED ASSISTANCE Outside Initial Attack areas, when requested by the
Protecting Party, the Supporting Party will, within their capability, provide initial action
or other SUPP0l1 on wildland fires. Such requested assistance is reimbursable.
4. ASSISTANCE BY HIRE Assistance by Hire is the provision of fire suppression
resourccs, by one to another, on a reimbursement basis. All requests for Assistance by
Hire 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 ordcr, which are necessary and reasonable,
shall be considered as reimbursable as Assistance by Hire. The Department may provide
out-of-state assistance to the U.S. Forest Service when requested. Such assistance will be
Assistance-by-Hire unless otherwise specified as Mutual Aid in the current AOP.
Except for Mutual Aid, all requests for fire suppression assistance in either Party's DP A
shall be Assistance by Hire. Any other resources provided by the Supporting Party, and
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not specifically ordered by the Protecting Pm1y, shall be considered a voluntary
contribution and not reimbursed under the terms of this agreement.
5. 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. [n 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.
6. 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.
7. 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.
8. BOUNDARY LINE FIRES Both Parties shall have responsibility for Initial Attack in
the case of a Boundary Line Fire. Neither Party will assume the other is aware of the fire,
or is taking action. The officer-in-charge who arrives first at the boundary line fire will
act as Incident Commander. When both Parties have arri ved, they will mutually agree to
the designation of the Incident Commander or the initiation of a Unified Command
Structure.
9. COST SHARING On multi-jurisdictional incidents and incidents which threaten or
burn across direct protection boundaries, the Parties will 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 supersede the billing timelines identified in Clause 17.
J O. COMMUNICATION SYSTEMS The Parties agree to share the use of communication
systems, radios and radio frequencies for the implementation of this Agreement. Sharing
of frequencies mLlst be approved only by authorized personnel for each Party and
documented in the AOP.
11. FACILITIES. EQUIPMENT AND SUPPORT The Parties may procure, loan, lease,
share or exchange facilities, equipment and support services. This may include, but is not
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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 anel communications
equipment. AOPs may oLltline conditions for specific situations. Whenever it has been
mutually agreed, fees for such use, as might be founel 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 a Supplemental Project Agreement signed by each
Party_
12. JOINT PROJECTS The Parties may jointly conduct appropriate mutual interest
projects to maintain or improve the fire protection capability of the Parties. Such projects
\"ill be properly documented in a Supplemental Project Agreement signed by each Party
prior to starting the project, which agreement shall include an explanation of the
objectives of each undertaking and the role each Party will play in accomplishing that
objective. Any shared cost or reimbursements will be governed in accordance with the
Supplemental Project Agreement.
13. 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. Items not available at the incident will be
documented and an "S" number will be issued to authorize replacement after the resource
leaves the incident.
14. PRESERVATION OF EVIDENCE Both Parties will take action to protect and
preserve the fire origin area and evidence pertaining to the fire cause.
15. TRAINING The Parties will cooperate to ensure 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.
16. FIRE TRAINING CENTERS The Parties agree to reimburse (or bill) for fire training
rendered at 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.
17. BILLING PROCEDURES The Supporting Party will bill the Protecting Party for
actual costs incurred for Assistance by Hire. Reimbursements will be limited to the
provisions of the Agreement and the applicable AOP, regardless of whether or not it is
authorized on the Resource Order or other documentation produced by the incident.
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Reimbursable costs may include transportation, salary, overtime, per diem and other
approved expenses of SuppOlting agency personnel. Rates and conditions of use for the
equipment and personnel are documented in the AOP.
Parties shall submit a bill within 90 days of the incident.
Parties must use their own invoice form for billing under this Agreement to avoid any
confusion with other services that may have been ordered under other agreements.
Invoices must identify Supporting Party's 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 wilt 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 maintenance and repair of equipment.
Department invoices will include "Record of Activities" (FSLA-5) and U.S. Forest
Service invoices will include transaction register.
Invoices for services under this agreement must be sent to:
U.S. Forest Service
-- - .~-~-,.-
Name: ROCKY OPLIGER
Address: 602 Tippecanoe Ave.
City, State, Zip: San Bernardino, CA.
92408
Telephone: 909-382-2630
FAX: 909-383-5770
Email: rolicrer@fs.fed.us
Department
Name: MIKE CONRAD
Address: 200 E. 31'<1 Street
City, State, Zip: San Bernardino, CA.
924] 0-4804
Telephone: 909-384-5286
FAX: 909-384-5281
Email: Conrad mi@sbcit .or
All bills will have a payment due date 30 days upon receipt.
Contested Billings: Written notice that a hill is contested will be mailed to the Party
within 30 days of receipt of the invoice and will fully explain the contested items.
Contested items should he resolved no later than 60 days following receipt of the written
notice. Parties are responsible for facilitating resolution of contested billings.
Billing requirements and rates are documented in the attached AOP.
18. FIRE PREVENTION Parties may agree to share responsibilities and materials for fire
prevention activities. Materials may include posters for display in public buildings,
businesses and the like. Parties may share responsibility for fire prevention and rural fire
safety presentations and demonstrations.
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19. FIRE RESTRICTIONS AND CLOSURES Parties will coordinate restrictions and
closures.
20. PRESCRIBED FIRE AND FUELS MANAGEMENT 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. Reimbursements
will be governed in accordance with a Supplemental Project Agreement signed by each
Party.
In the event a wildfire results from Prescribed Burning operations, responsibility and
accountability for the cost of suppression rest with the Party that has authority for igniting
the burn as identified in the Rx Burn Plan.
Parties will kccp each other informed of Prescribed Fire operations.
21. NATIONAL EMERGENCIES The Patties to this Agreement may respond upon
request to National declared emergencies providing there are no statutory prohibitions
against such usc.
22. 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.
23. 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 as provided by the Freedom of Information Act
(FOIA) and Privacy Act. Parties shall retain and make supporting documents available
for a period of 5 years after final payment.
24. FUNDING LIMITATION Nothing herein shall be considered as obligating either
Party to expend, or as involving either in any contract or other ohligation for the future
payment of, money in excess of funding approved and made available for payment under
this Agreement and any modification thereto.
25. NATIONAL INCIDENT MANAGEMENT SYSTEM The Parties to this Agreement
will operate under the concepts defined in the National Incident Management System
(NIMS) including: Incident Command System (ICS), qualifications system, certification
system, training system, the management of puhlications, 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.
26. FIREFIGHTER & OVERHEAD QUALIFICATIONS U.S. 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
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specified in National Wildfire Coordinating Group's (NWCG) PMS 3 J 0-1 to any U.S.
Forest Service incident, IMT assignment or overhead request.
27. PERSONAL PROTECTIVE EQUIPMENT The Parties ngree to provide their
respective responding personnel with approved personal protective equipment (PPE)
suitable for the assignment. In the case of U.S. Forest Service resources, NFPA standards
apply in wildland fire situations. In the case of Department resources NFPA or CAL
OSHA, title 8 specifications meet the requirement. At no time will personnel respond
without the approved PPE.
28. LA W 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.
29. EQUIPMENT The Party that owns the equipment is responsible for the operation,
service, and repair of such equipment. The Protecting Party shall payor reimburse for
damages in excess of normal wear and tear, and shall replace or reimburse items lost or
destroyed, except for damages occurring as a result of negligence by the SuppOlting
Pmty. Special rates for Federal Excess Personal Property (FEPP) equipment will be
displayed in the rate schedules, which eliminate any purchase or replacement costs for the
apparatus.
30. SUPPLEMENTAL FIRE DEPARTMENT RESOURCES There are situations when
additional support personnel are necessary for national mobilization and the need can be
filled by supplemental personnel available to the fire district. When this situation arises,
resources will be mobilized via the process outlined in Exhibit D.
31. WAIVER OF CLAIMS AGAINST THE PARTIES The Depmtmcnt and Federal
agencies hereby waive all claims between and against each other for compensation for
loss, damage, and personal injury, including death, to each other's property, employees,
agents, and contractors occurring in the performance of this agreement.
32. NONDISCRIMINATION The Parties shall comply with all Federal statutes relating to
nondiscrimination and all applicable requirements of all other Federal Jaws, Executive
orders, regulations, and policies. These include, but are not limited to Sections 119 and
504 of the Rehabilitation Act of 1973 as amended, which prohibits discrimination on the
basis of race, color, religion, sex, age, national origin, marital status, familial status,
sexual orientation, participation in any public assistance program, or disability.
33. ACCIDENT INVESTIGATIONS 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 PUlty shall initiate an investigation of the accident. A team made up of
appropriate representatives from all affected agencies shall conduct the investigation.
Costs for investigation personnel are Party-specific and will be borne by the sending
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Party. Other accident or incident investigation costs are the fiscal responsibility of the
Party (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. l"REEDOM OF INFORMATION ACT (FOIA) Any information furnished to the
Forest Service under this instrument is subject to the Freedom of Information Act (5
U.S.c. 552).
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: ~i:"'::"':. lr":_1i",+~",(~,/(l..i ,~f'Lt-,-- .J" I
36. DUNS NUMBER The cooperator shall furnish their DUNS number upon execution of
this instrument. You may obtain a DUNS number by contacting Dun and Braclstreet at
800-234-3867 or 866-794-1580. A DUNS number will be provided immediately by
telephone at no charge.
37. ELECTRONIC FUNDS TRANSFER (EFT) The recipient/cooperator shall designate
a financial institution or an authorized payment agent through which a federal payment
may be made in accordance with US Treasury Regulations, Money and Finance at 3 I
CFR 208, which requires that federal payments are to be made by EFT to the maximum
extent possible. A waiver may be requested ane! payments received by check by
certifying in writing that one of the following situations apply:
I. The payment recipient does not have an account at a financial institution.
2. EFT creates a financial hardship because direct deposit will cost the payment
recipient more than receiving a check.
3. The payment recipient has a physical or mental disahility, or a geographic, language,
or literacy barrier.
In oreler to receive EFT payments the recipient/cooperator shall register in the Central
Contractor Registry (CCR). You may register by going to '.'\"\'.c'.!:.::~{)~ and following
the instructions provided online. For assistance, contact the CCR Assistance Center at
888-227-2423 or 269-961-4725
38. PREVIOUS AGREEMENTS CANCELED This Agreement supersedes and cancels
any prior Cooperative Fire Protection Agreement between the Parties.
39. TERMINATION Both Parties retain the right to terminate their participation under tbis
Agreement by providing 30 days wriUen notice to the other Party.
40. MODIFICATIONS Modifications v;ithin the scope of the instrument must be made by
mutual consent of the parties, by the issuance of a written modification, signed and dated
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by all parties, prior to any changes being performed. The U.S. Forest Service is not
obligated to fund any changes not properly approved in advance.
4 I. COMMENCEMENT/EXPIRA TION DATE This instrument is executed as of the
date of last signature and is effectivc for five years from that date, at which time it will
expire unless extended.
42. 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 issllcs. These procedures may include, but are not
limited to, conciliation, facilitation, mediation, and fact finding.
43. PRINCIPAL CONTACTS. Individuals listed below are authorized to act in their
respective areas for matters related to this instrument.
Principal Cooperator Contacts:
_.. Cooperator Pl"ogram Contact_
Name: George Avery, Division Chief
Address: 200 E. 3rd Street
City, State, Zip: San Bernardino, CA.
92410-4804
Telephone: 909-2 I 4-0482
FAX: 909-384-528 I
Email: avery .gc@sbcity.org
~ooperator Administrative Contact
Name: Norma Camarena
Address: 200 E. 3rd Street
City, State, Zip: San Bernardino, CA.
924 10-4804
Telephone: 909-384-5286
FAX: 909-384-5281
Email: camaremU10@sbcity.org
Principal U.S. Forest Service Contacts:
U.S. Forest Service Program Contact U.S. Forest Se.-vice Adminish"ative
Contact
f------ .. -~----------
Name: Steve SeItzner Name: Bonnie Harris
Address: 602 Tippecanoe Ave. Address: 70 I N. Santa Anita Ave.
City, State, Zip: San Bernmdino, Ca. City, State, Zip: Arcadia, CA. 91006
92408 Telephone: 626-574-5246
Telephone: 909-382-263 I FAX: 626-574-5363
FAX: 909-383-5770 Email: bharris@fs.fed.us
Email: sseltzner@ fS.feLl.lIs
44. AUTHORIZED REPRESENTATIVES. By signature below, each Party certifies that
the individuals listed in this document as representatives of the individual Parties are
authorized to act in their respective areas for matters related to this ins[Tument. In
witness whereof, the Parties hereto have executed this instrument as of the last date
written below.
Page <) (11' 16
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2011-280
fuW .
~ USDA. Forest Service
OMB 0596-0217
FS-1500-7
MIKE CONRAD, Fire Chief Date
San Bernardino City Fire Depmtment
~ ~tUl~ 8/g/11
lODY NOrRON, Forest Supervisor Date
U.S. Forest Service, San Bernardino National Forest
The authority and format of this instrument have been reviewed and approved for
signature.
Burden Statement
According to the Paperwork Reduction Act of 1995, an agency may not conduct or sponsor, and a person is not required to respond to a collection of
information unless il displays a valid OMB control number. The valid OMB control number for this information collection is 0596-0217, The time
required ID complete this infDrmatiDn cDllectiDn is estimated tD average 4 hours per respDnse, including the time tor reviewing instructions, searching
existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information.
The U.S. Department of Agriculture (USDA) prohibtts discrimination in all its programs and activities on the basis of race, color, national origin, age,
disability, and where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, pDlhical beliefs,
reprisal, or because all or part of an individual's income is derived from any public assistance, (Not all prohibited bases apply to all programs.)
PersDns with disabilities who require alternative means for communicatiDn Df prDgram informatiDn (Braille, large print, audiotape, etc.) should conlact
USDA's TARGET Center at 202-720-2600 (voice and TDD).
To file a complaint of discrimination, write USDA, Director, Office 01 Civil Rights, 1400 Independence Avenue, SW, Washington, DC 20250-9410 or
call toll Iree (866) 632-9992 (voice). TOO users can contact USDA through IDeal relay Dr the Federal relay at (800) 877-8339 (TOO) or (866) 377.
8642 (relay voice). USDA is an equal opportunity provider and employer.
/"':1l0VED AS TO FORM:
James F. Penman,
City Z
By:(I ~~~
.:d{
..~,~~'O of 16
;1~~~{~~~;;!~
'03 Jan H
2011-280
m
L~SDA. Forest Service
OMB 0596-0217
FS- I 500-7
COOPERATIVE FIRE PROTECTION AGREEMENT
EXHIBIT A
DEFINITIONS
ADMINISTRATIVE RATE: That pre-established percentage charge that will be applied
by the billing PARTY.
AIRCRAFT: Any fircfighting 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 Party. Terms of
the agreement establish the reimbursement rates.
A V AILABLE: 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 ancllocating 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. DP As may include a mixture of Department and Forest Service responsibility
areas.
DIRECT PROTECTION AREA MAPS: Official maps which identify areas of direct
wildland fire protection for each Party.
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fiml
~ USDA, rores! Service OMB 0596-0217
rS-I.'iOO-7
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 Stale'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.
FIRES COPE (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 l5 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 of life or
damage to properly and/or natural resources.
INITIAL ATTACK: Resources initially committed to an incident.
JURISDICTIONAL PARTY: The party which has overall land and resource management
and/or protection responsibility as provided by law.
LINE OFFICER/AGENCY REPRESENTATIVE: A Supporting Party employee with
full authority to make decisions on all matters affecting that Party's participation at the
incident.
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03 Jan J 1
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w
~ USDA. Fort'sl Service OMB 0596-0217
FS-1500-7
MOVE-UP AND COVER: Identiries 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.
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 speci fied
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 pilotls]) shall
always be Assistance by Hire, EXCEPT when the response is under a unified command
and the fire threatens both local and federal jurisdictions. Fiscal responsibility for all
aircraft will be determined by the ordering process, utilization and cost share agreements.
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.
SUPPLEMENTAL FIRE DEPARTMENT RESOURCES: Overhead tied to a local fire
department generally by agreement who are mobilized primarily for response to
incidents/wildland fires outside of their district or mutual aid zone. They are not a
permanent part of the local fire organization and arc not required to attend scheduled
training, meetings, etc. of the department staff.
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.
Page 13 of 16
()1. Jan II
2011-2~W
OMB 0,,6-02171
FS- I :;00- 7
SUPPRESSION: All the work of confining and extinguishing a fire beginning with its
discovery.
~
~ USDA. Forest Service
UNIrTED 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 whoJly or in part by timber, brush, grass, grain, or other
flammable vegetation.
Page 14 of 16
m Ian II
2011-280
0'''' 0596.02171
FS- I 500-7
I m USDA. Fo<"" S"",,"
COOPERA TIVE FIRE PROTECTION AGREEMENT
Exhibit D
SUPPLEMENTAL FIRE DEPARTMENT RESOURCES
When mobilizing Supplemental Fire Department Resources outside of the fire district or
mutual aid zone the following will apply.
Mobilization
Mobilization will follow established ordering procedures as identified in the National,
Geographic, and Local Mobilization Guides. Resources will be mobilized from the Host
Dispatch Zone in which the department is located. Personnel will be provided a copy of
the resource order request after confirmation of availability and prior to departure from
their home jurisdiction. Resource orders shall clearly indicate incident assignment,
incident location, expected incident arrival time, and any additional special needs or
equipment authorizations, e.g. rental vehicles, etc.
Reimbursable Costs
Reimbursable costs for personnel include compensation rates for hours worked,
transpOltation, and per diem. It is the intent of this provision that the Supplemental Fire
Department Resource be paid a regular compensation rate for all hours worked plus an
overtime compensation rate for actual overtime hours worked, including travel.
Reimbursable costs shall not include portal to portal payor the employee portion of
benefits. Travel and per diem reimbursements will be based on the Federal Travel
Regulations.
Backfill is not reimbursable for personnel hired as Supplemental Fire Department
Resources.
An indirect cost allowance equal to ten percent of the direct salary and wage cost of
providing the service (excluding oveliime, shift premiums, and fringe benefits) is
allowed.
Personnel
All personnel will possess an active Incident Qualification System (IQS) or equivalent
incident qualification documentation commensurate with all applicable NWCG 310-1
standards for training and qualifications. Personnel will be qualified for their assigned
positions. SAN BERNARDINO CITY FIRE DEPARTMENT is responsible for
annually certifying and maintaining the qualifications of their Supplemental Fire
Department Resources. SAN BERNARDINO CITY FIRE DEPARTMENT will bear
the cost of training for their Supplemental Fire Department Resources.
Any personnel to be mobilized under this exhibit will be listed in the Annual Operating
Plan (AOP) by name, position(s), and identified as SR. While on assignment, these
individuals are SAN BERNARDINO CITY FIRE DEPARTMENT employees and the
Page 15 () r 16
03 Jan II
2011-2~W
IfUW
~ USDA. Forest Serl'ice OM B 0596-0217
. FS-1500-7
SAN BERNARDINO CITY FIRE DEPARTMENT will be reimbursed for their actual
costs.
Rate Determination
The basis for the computation of base hourly rate is the classification level of the position
filled according to the attached matrix. Base hourly rate shall be no more than step 5 of
the appropriate GS wage adjusted for locality pay at the location of the fire district.
These rates can be found on the OPM web site Il"J):/!"~".::"('i~I1.':{)~, Salaries and Wages.
Personnel are hired at the rate of the position being filled, not their highest qualification.
The hourly compensation rates identified in the AOP are computed as follows:
I) Regular Compensation Rate: The rates listed include base hourly rate
determined above plus employee benefits. Employee benefits include those costs actually
incurred by the SAN BERNARDINO CITY FIRE DEPARTMENT for the
employment of these individuals, such as employer liability, workers compensation,
employer share of social security, etc.
2) Overtime Compensation Rate: Overtime compensation rates are paid based on
a 7 day work week beginning on day one of mobilization. Compensation rates are paid at
time and a half of the base hourly rate ror all hours worked in excess of 8 hours per day
1'01' the first 5 days and full time and one half for all hours worked during the remainder of
the work week. Compensation includes travel time.
3) Hazard Pay Rate: Hazard pay differential is paid to those employees
performing work that meets the definition of hazardous duty as defined in the Interagency
Incident Business Management Handbook, Section 12.9. Compensation rates are paid at
25 percent of the base rate when performing duties that meet the definition of hazardous
duties. All hazard pay differential is based on a 24-hour day from 0001-2400 and shall be
paid for all hours in pay status during the calendar day in which the hazardous duty is
performed.
Days off at Incident
Days off at the incident will be paid for 8 hours. Work/rest guidelines will be followed,
and mandatory days off will follow current guidelines (IlBMH 12.7-2 #4). Once travel to
the home unit commences days off will not be paid.
Transportation and Per Diem
Per Diem reimbursements will be based on the Federal Travel Regulations. The payment
rate for privately-owned vehicles (paYs) and rental vehicles used to support
Supplemental Fire Department Resources shall he at the current Federal Travel
Regulation rate.
Page 16 or 16
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Attachment "B"
fS Agreement No.
Cooperator Agreement No.
llFI11051200024
Exhibit B
2011
ANNUAL OPERATING PLAN
:FOR COOPERATIVE FIRE PROTECTION AGREEMENT
Between
SAN BERNARDINO CITY FIRE DEPARTMENT
and
U.S. Forest Service
SAN BERNARDINO NATIONAL FOREST
ANNUAL OPERATING PLAN
The Parties will meet annually, prior to the initiation of fire season to review and update, if
necessary, the Annual Operating Plan (AOP). This annual review will be documented by signing
and dating the review block on the signature page of this AOP. This AOP will include protection
area maps for all Parties, 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. This AOP takes effect as of the date of the last signature and will remain in effect
until superseded by a new AOP or upon expiration 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,
EXCEPT when the response is under a unified command and the fire threatens both local and
federal jurisdictions. Fiscal responsibility for all aircraft will be determined by the ordering
process, utilization and cost share agreements.
DESCRIPTION OF FOREST SERVICE DIRECT PROTECTION AREA (DPA)
The Forest Service has the responsibility for prevention, protection and suppression of wildland
fires on National Forest administered lands, and on adjacent or intermingled State and private
forested lands as identified through written agreement.
SEEDPA MAP
Page 1 of 15
03 Jan 11
2011-280
DESCRIPTION OF DEPARTMENT DIRECT PROTECTION AREA (DPA)
The Department has the responsibility for prevention, protection and suppression of structure and
other non-wildland fires within the established fire district. These structures and lands protected
by the Department are intermingled or adjacent to lands protected by the U.S. Forest Service.
SEEDPA MAP
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 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.
COMMUNICA TIONS AND FREOUENCY 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 of those 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
Page 2 of 15
03 Jan 11
2011-2lW
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.
SHARING FREQUENCIES
The Department agrees to authorize use by the Forest Service of the following frequencies:
San Bernardino City Fire Department uses 800 MHz system:
lO-SBFD-l
10-SBFD-2
lO-SBFD-A
10-SBFD-B
lO-SBFD-C
10-SBFD-D
lO-SBFD-E
lO-FTAC-l
10-FTAC-2
10-CT AC-l
1 O-CT AC-2
Command Nets: lO-SBFD-l
20-SBFD-2
Tactical Nets: 154.385 TX 154.385 RX Orange
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:
Command Nets: 171.4750 Tx 171.4750 Rx Forest Net
169.8750 Tx 171.4750 Rx Forest Net Repeat
Tactical Nets: 168.0500 Tx 168.0500 Rx Tac 1
168.2000 Tx 168.2000 Rx Tac2
168.6000 Tx 168.6000 Rx Tac3
170.0000 Tx 170.0000 Rx FS Air to Ground
Page 3 of 15
03 Jan 11
2011-280
These frequencies will be used for fire/emergency only within or adjacent to the Forest Service's
responsibility area.
OPERATIONAL & DUTY OFFICER CO NT ACTS
DEP ARTMENT DUTY OFFICER CONTACT
SAN BERNARDINO CITY FIRE DEPARTMENT
FIRE MANAGEMENT
Name RadiO' Worle "obIle
OFFICE 909.384.5286
200 East Third Street, San
Bernardino CA 92410
1-'_""" _____.'1,<"".--""."" ----<-""--"--"--- u~<~ .",--.~<-"._---<--""'-"'_._-'---"-.
Mike Conrad, Chief 600 909.384.5286 909.659.6670
Mat Fratus, Deoutv Chief 601 909.384.5286 909.844.3309
Doua Duoree, Fire Marshal 610 909.384.5388 760.403.2333
Eric Esauivel, Division Chief 602 909.384.5286 909.578.8314
Mike Alder, Division Chief 603 909.384.5286 951.972.7878
Denis Moon, Division Chief 604 909.384.5286 760.221.9002
Georae Avery, Battalion Chief 605 909.384.5279 909.214.0482
Thomas Hannemann, Battalion
Chief 606 909.384.52791 951.733.7593
P-aul Drasil, Battalion Chief 607 909.384.5279 909.213.2689
FOREST SERVICE DUTY OFFICER CONTACT
SAN BERNARDINO NA T/ONAL FOREST
FIRE and A VIA TION MANAGEMENT
Supervisor's Office 909.382.2600 San Bernardino A TB 909.382.2989
Fire Staff
FICC Dispatch 909.383.5654 Emergency
909.383.5651
Name Position Work Mobile
Kurt Winchester Chief 1 Chief 909.382.2629 909.693.9818
Rockv Ooliaer Chief 2 Deoutv Chief 909.382.2630 951.315.5119
Randv Unkovich Division 8 Fire Protection Soecialist 909.382.2632 951.315.5854
Steve Seltzner Division 9 Fire Planner/Admin 909.573.5217
Vacant Division 10 Fuels Specialist 909.382.2689
Page 4 of 15
03 Jan 11
2011-280
Mike Eaton Division 7 Air ODS Mar 909.382.2994
Leslie Crenshaw Battalion 7 Air Service Mar 909.382.2989
Tom Sensintaffar Division 6 FICC Center Mgr 909.382.2749 951.316.4555
Dan Snow Safety 1 Safety/Haz Mat Officer 909.382.2633 951.313.5453
Mountain Top West (Sky Forest 909.382.2758
Division Office)
East (Fawnskin Office) 909.382.2790
David Kellv Division 1 Division Chief 909.382.2772 909.693.0241
Rene Vanderhooft Battalion 11 West Battalion 909.382.2769 951.315.5845
Betty Ashe Battalion 12 Protection Battalion 909.382.2802 909.754.1428
Mike Koontz Battalion 13 East Battalion
Mark Patino Battalion 14 Fuels Battalion
Front Country West (Lytle Creek 909.382.2850
Division Office)
East (Mill Creek Office) 909.382.2881
Mike Wakoski Division 3 Division Chief 909.382.2877 951.236.1925
Mike Howes Battalion 31 West Battalion 909.382.2879 909.269.2927
Mary Bogens Battalion 32 Protection Battalion 909.382.2893 909.314.6950
Scott Wagner Battalion 33 East Battalion 909.382.2892 951.315.5853
Ken Kempter Battalion 34 Fuels Battalion 909.382.2878 909.224.4315
San Jacinto Division Idyl/wild Office 909.382.2922
Dan Felix Division 5 Division Chief 909.382.2943 951.314.1427
Grea Ross Battalion 51 Suppression Battalion 909.659.2377 909.615.9710
Richard Gearhart Battalion 52 Protection Battalion 909.659.5130 951.315.5856
Chris Foale Battalion 53 SUDDression Battalion 909.659.3926 909.238.2107
Freddie Espinoza Battalion 54 Fuels Battalion 909.659.3924 909.573.3758
Page 5 of 15
03 Jan 11
2011-2~W
FOREST SERVICE LINE OFFICER CONTACT
Forest Service Line Officers
Name Position Work Mobile
Jody Noiron Supervisor 1 Forest Supervisor 909.382.2600
Tom Gillett Supervisor 2 Deputy Forest Supervisor 909.382.2603 951.505.4719
Scott TanQenberg Ranger 1 District Ranger 909.382.2728 909.486.1724
Gabe Garcia Ranaer3 District Ranger 909.382.2850 951.315.5850
Laurie Rosenthal Ranaer5 District Ranger 909.382.2922 951.228.9079
ICS QUALIFIED LIST AND IMT PERSONNEL
The list of qualified personnel is maintained by the Department's Command/Dispatch Center.
The resources may be available on an Assistance-by-Hire basis depending on Party's drawdown
and commitments.
THE USE OF 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.
Department trainees identified in the IMT Priority Trainee lists are pre-approved. The Forest
Service agrees to pay for the Department's trainees that are pre-approved and/or attached to a
Type I or Type 2 IMT.
All other Department trainees that are not pre-approved will be the cost responsibility of the
sending unit.
PA YMENT OF STRUCTURE PROTECTION
For wildfires within the Department's or Forest Service's DP A, 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 DP As 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.
Page 6 of 15
03 Jan 11
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REIMBURSEMENT RATES AND METHODOLOGY (non-aviation)
Department Personnel and Equipment:
Reimbursement for personnel will be based on personnel rates on file with the California
Emergency Management Agency (Cal EMA) at the time of the incident and reimbursement
methodologies outlined in the California Fire Assistance Agreement (CFAA).
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 the Agreement. Actual costs associated with backfill needs are not
reimbursable. Reimbursement rates and methods under the CFAA are designed to provide
financing for backfill needs.
Personnel that routinelv respond to emergencies (Chief Officers, Company Officers, and
Firefighters) will be reimbursed portal to portal for time committed to the incident. All other
personnel (civilian) will be reimbursed for actual time worked on the incident unless there is a
MOU or governing body resolution that dictates the specific position is to be reimbursed pOltal
to portal for the time committed to an emergency incident. The MOUs or resolutions must not
be contingent on this agreement or executed on the sole basis that there is reimbursement from
the federal or state agency. Firefighters also include crew members, helicopter pilots and dozer
operators.
Reimbursement for equipment will be based on the CFAA Rate Letter applicable at the time of
the incident. The Protecting Party will provide fuel and lubricants while the equipment is on the
incident. The Supporting Party will provide fuel and lubricants while the equipment is en route
to the incident and while returning to the home unit. The Protecting Party shall payor reimburse
for damages in excess of normal wear and tear, and shall replace or reimburse items lost or
destroyed, except for damages occurring as a result of negligence by the Supporting Party.
Organized Emergency Crew resources including Type 1 and 2 crews, Fuels Crews, and flight
crews will be reimbursed at actual hours worked per day consisting of straight and overtime as
applicable unless labor agreements otherwise specify. Rates for these crews will be developed,
agreed to in advance and published annually herein.
An Administrative Rate can be added to the total of the personnel, support equipment, and other
approved reimbursements. The current standard Administrative Rate is 10% unless the
Department has submitted an agency specific administrative rate to Cal EMA under the CFAA.
The rate on file with Cal EMA at the time of the incident will be used.
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.
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For Reimbursement under the terms of this agreement all resource orders must be dispatched and
processed by the SAN BERNARDINO National Forest Emergency Communication Center.
Any request not dispatched or processed by this ECC will not be reimbursed under this local
agreement.
Forest Service Personnel and Equipment:
Reimbursable Forest Service costs will include 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 herein, and independent action situations). The Department
will be billed for support to incidents that are the jurisdictional responsibility of the Department.
The Administrative Rate for the Forest Service is published in the agency's Annual Program
Direction.
REIMBURSEMENT RATES AND METHODOLOGY (aviation)
Federal Excess Property Program (FEPP) Equipment
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 include
amortization, depreciation, replacement costs, modification. start-up costs. or related charges.
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 (CAL FIRE). Assistance by Hire rates and reimbursements for
aircraft will be based on the following guidelines:
I. 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 CAL FIRE Type 2 helicopter rate (same CAL FIRE 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 CarTying Vehicle (CCV) will also be itemized separately.
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WHERE TO SEND REIMBURSEMENT INVOICES
Invoices for services under this agreement must be sent to the following addresses as
appropriate. This address supersedes any invoice mailing address which may be reflected in the
existing cooperative agreement.
Invoices for services under this agreement must be sent to:
U.S. Forest Service Department 1
Name: USDA Forest Service Name: San Bernardino City Fire Department
San Bernardino National Forest Address: 200 E. 3rd Street
Address: 602 S. Tippecanoe Ave. City, State, Zip: San Bernardino, CA 92410-
City, State, Zip: San Bernardino, CA 92408-2607 4889
Attn: Rocky Opliger Attn: Mike Conrad
Telephone: 909-382-2630 Telephone: 909-384-5286
FAX: 909-383-5770 FAX: 909-384-5281
Email: roplie:er@fs.fed.us Email: Conrad mi@Sbcity.org
SUPPLEMENTAL FIRE DEPARTMENT RESOURCES
Mobilization of Supplemental Resources is covered in Exhibit D.
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 (except as provided below)
. Personal telephone charges
. Support items normally available in Supply Unit, e.g. tents, sleeping bags, pads, water
coolers, etc.
Costs of agency cell phones in excess of normal monthly charges are reimbursable when
supported by cell phone provider bills.
DURATION OF ASSIGNMENTS
Consideration must be given to the health and safety of personnel when assigned to fires of long
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
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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.
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 DPA. The only exceptions are for
those emergency incidents under the jurisdiction of the California Highway Patrol, County
Sheriff, California Department of Fish & 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 of Smokey 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.
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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-5) (except vegetation
management program and brushland 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 of CDF. If both Parties'
personnel are authorized to issue campfire and burning permits by CDF, both Parties agree to
issue burning dnd campfire permits for each others DP As. Both Parties agree to notify one
another when burn permits are issued. Fire Restrictions, Red Flag or other situations that may
affect the safe execution of campfire and/or burn permits will be shared by each Party.
NON-FIRE PROJECT USE OF RESOURCES
Each of the Parties may jointly conduct appropriate mutual interest projects such as prescribed
burns and facility/compound maintenance. Any shared cost or reimbursement will be governed
in accordance with a Supplemental Project Agreement signed by each Party prior to the start of
the project.
WILDLAND FIRE DECISION SUPPORT SYSTEM (WFDSS)
Forest Service policy requires the use of "Wildland Fire Decision Support System" (WFDSS) for
all fires on or threatening Forest Service administered lands that have escaped initial attack. In
Unified Command situations the Forest Service will include the Department's input into the
development of control objectives, strategy and priorities.
SUPPRESSION AND DAMAGE COLLECTION
The Department 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
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 next expenditures of either Party to accomplish services
provided for in this Agreement, then such collections may be reported and shared
proportionately, after deducting the cost of collection.
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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.
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.
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APPROVAL:
IN WITNESS WHEREOF, the Parties have executed this Annual Operating Plan as of the last
date written below:
~cl~ S-~/Zo(/
MICHAEL J. CONRAD, Department Chief Date
San Bernardino City Fire Department
JO~' ~re?' iu~oc 6/5/11
u.s. Forest Service, San Bernardino National Forest Date
The authority and format of this instrument have been reviewed and approved for
~~xj ,0{nJjl
U.S. Forest Service Grants & Agreements Specialist
Page 13 of 15
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ANNUAL REVIEW:
IN WITNESS WHEREOF, the Parties have completed the annual review of this AOP on the date
written below:
MICHAEL J. CONRAD, Department Chief Date
San Bernardino City Fire Department
lODY NOIRON, Forest Supervisor
U.S. Forest Service, San Bernardino National Forest Date
Page 14 of 15
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exkifJ..it "["
ACTIVITY RECORD
FOREST SERVICE, REGION 5
LOCAL COOPERATIVE FIRE AGREEMENT
AGREEMENT NO:
DEPARTMENT:
Date and Time Departed:
I
hrs. Return Date and Time:
hrs.
DISPATCH INFORMATION
Incident Name:
Reporting Location
Incident Number:
Incident Code:
Resource Order Number
Reporting Date/Time:
PERSONNEL INFORMATION
Dates of Services Request Payroll Name(s) ICS Position Total Hours to be
Number reimbursed
---
--
I
I
--_.__._-~----_._._- I
I .----
ApPARA Tus/Eau I PM ENT/VEH I CLE IN FORMATION
Type of Vehicle Category Vehicle Total Mileage
Dates of Services Apparatus / Module Strike Team # Apparatus or Information Or
Sedan SUV Van
Engine, Water Tender, Vehicle # PU 2x4 4x4 POVor Operating
Dozer, Crew or Other Rental Company Hours
-
--
Signature of Authorizing Officer For Department:
Date Signed:
Form Distribution:
Original: Local Government Agency
(Attach to Dept Invoice/bill)
Copy: Incident Management Team
Finance Section
Approved by
IC or FSC:
Date:
~ FSLA-5 (01/2011)
2011-280
,;,,;.
, ,
Exhibit D
2011
Annual Operating Plan
for the
Mobilization of Supplemental Fire Department Resources
The following personnel of the SAN BERNARDINO CITY FIRE DEPARTMENT are
designated Supplemental Fire Department Resources. Personnel may be added through an
amendment or as a revision to this AOP. While on assignment, these individuals are SAN
BERNARDINO CITY FIRE DEPARTMENT employees and the SAN BERNARDINO CITY
FIRE DEPARTMENT will be reimbursed for their actual costs.
The FY 2010 hourly compensation rates for the identified SAN BERNARDINO CITY FIRE
DEPARTMENT personnel include any applicable pay as follows:
FY2011 Hourly Compensation Rates for Supplemental Fire Department Resources from
SAN BERNARDINO CITY FIRE DEPARTMENT:
Personnel Status Position Tvpe Re~ular Compo Rate Overtime Compo Rate
Base Benefits
Hourly
Name SR qualification $Ihr $/hr $/hr
qualification $/hr $/hr $/hr
qualification $Ihr $lhr $/hr
Name SR qualification $/hr $/hr $/hr
Name SR qualffication $/hr $/hr $/hr
The regular compensation rates identified above include the following items:
Employer liability at xx%
Workers compensation at xx%
Medicare at xx%
Employer Contribution to Social Security at xx
Documentation for items included in rates will not be required to be submitted with billing, but
should be maintained, and may be requested by the government at any time.
The administrative charge on reimbursable costs for these resources is limited to 10% (rate set by
NWCG).
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~ USDA. Forest Service
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FS Agreement No.
CoopernwrAgreemcntNo,
11 Ffl 10512()()(j24
COOPERA TIVE FIRE PROTECTION AGREEMENT
Between The
SAN BERNARDINO CITY FIRE DEPARTMENT
And The
U.S. Forest Service
SAN BERNARDINO NATIONAL FOREST
This COOPERATIVE FfRE PROTECTION AGREEMENT is made and entered into by
and between the San Bernardino City Fire Department, hereinafter referred to as the
Department, and the USDA, Forest Service San Bernardino National Forest, hereinafter
referred to as the "U.S. Forest Service," under the authority and provisions of:
Reciprocal Fire Protection Act of May 27,1955 (42 U.S.c. 1856a), Granger-Thye Act of
April 24, 1950 (16 USC 572), and Cooperative Funds and Deposits Act of December 12,
1975, P. L. 94-148, (16 U.S.c. 565al - (3), as amended by the Consolidated
Appropriations Act of 2008 P. L. 110-161 and the Omnibus Public Lands Act, P.L. lIl-
lI, Sec 3001
I. PURPOSE
'.
The purpose of this Agreement is to provide for cooperation in the prevention, detection
and suppression of wildland fires, fuels treatments and prescribed 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.
This Agreement provides for cooperation only in wildland fire management activities.
The U.S. Forest Service shall not respond to structure fires, vehicle fires or traffic
accidents in lieu of the Department. The U.S. Forest Service may, as available, respond
to such incidents when adjacent wildlands covered under this Agreement are threatened
by fire from such incidents.
The purpose of the agreement is to also provide overhead personnel for Federal Incident
Management Teams and miscellaneous overhead resources.
II. STATEMENT OF MUTUAL BENEFITS AND INTERESTS
The U.S. Forest Service has the responsibility for prevention, protection and suppression
of wildland fires on National Forest administered lands, and on adjacent or intermingled
State and private forested lands as identified through written agreement.
The Department has the responsibility for prevention, protection and suppression of
structure and other non-wildland fires within the established fire district. These
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~ USDA, Forest Service OMI3 O'i06~0217
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structures and lands protected by the Department are intermingled or adjacent to lands
protected by the U,S, Forest Service.
Therefore, it is mutually advantageous, and in the public interest, for the Parties to
coordinate their efforts in the prevention, detection, and suppression of wildfires 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.
III.DEFINITIONS See Exhibit A attached hereto and incorporated herein by reference.
IV. GENERAL PROVISIONS
1. ANNUAL OPERATING PLANS The Parties will meet annually, prior to the initiation
of fire season, to review and update, if necessary, the 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, as it may be updated from time to time, shall become
attached to and made a part of this Agreement.
2. RECIPROCAL FIRE PROTECTION (MUTUAL AID) As deemed appropriate, the
Parties will include within the AOP reciprocal Initial Attack response areas for lands of
intermingled or adjoining protection responsibilities. Within such areas the 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 current AOP.
3. REQUESTED ASSISTANCE Outside Initial Attack areas, when requested by the
Protecting Party, the Supporting Party will, within their capability, provide initial action
or other support on wildland fires. Such requested assistance is reimbursable.
4. ASSISTANCE BY HIRE Assistance by Hire is the provision of fire suppression
resources, by one to another, on a reimbursement basis. All requests for Assistance by
Hire 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 U.S. Forest Service when requested. Such assistance will be
Assistance-by-Hire unless otherwise specified as Mutual Aid in the current AOP.
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 the Supporting Party, and
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~ USDA, Forest Service
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not specifically ordered by the Protecting Party, shall be considered a voluntary
contribution and not reimbursed under the terms of this agreement.
5. INDEPENDENT ACTION Except as otherwise described in the AOP, any Party on its
own initiative and without reimbursement may go upon ]ancls protected by the other Party
to suppress wildfires, if the fire is a threat to property within that Party's protection
responsibility. Tn 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 (ora]) within 24 hours of the action taken ancl a
written incident report wi th ] 0 days.
6. CLOSEST FORCES The Parties agree to aggressively pursue initial attack plans that
utilize "C]osest Forces" wherever appropriate, and to identify prep]anned initial attack
areas within their respective jurisdictions. This philosophy dictates that the closest
availab]e resources, regardless of ownership, shall be utilized initially. The emphasis to
get the closest resources to respond to initial atta~k fires is in the best interest of all
Parties. .
7. 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.
'.
8. BOUNDARY LINE FIRES Both Parties shall have responsibility for Initia] Attack in
the case of a Boundary Line Fire. Neither Party will assume the other is aware of the fire,
or is taking action. The officer-in-charge who arrives first at the boundary line fire will
act as Incident Commander. When both Parties have arrived, they will mutually agree to
the designation of the Incident Commander or the initiation of a Unified Command
Structure.
9. COST SHARING On multi-jurisdictional incidents and incidents which threaten or
burn across direct protection boundaries, the Parties will 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 supersede the billing timelines identified in Clause 17.
] O. COMMUNICATION SYSTEMS The Parties agree to share the use of communication
systems, radios and radio frequencies for the implementation of this Agreement. Sharing
of frequencies must be approved only by authorized personnel for each Party and
documented in the AOP.
II. FACILITIES, EQUIPMENT AND SUPPORT The Parties may procure, loan, lease,
share or exchange facilities, equipment and support services. This may include, but is not
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~ USDA, Forest Service OMB 05%-0217
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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 Party. Any shared cost or reimbursements
will be governed in accordance with a Supplemental Project Agreement signed by each
Party.
12. 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 in a Supplemental Project Agreement signed by each Party
prior to starting the project, which agreement shall include an explanation of the
objectives of each undertaking and the role each Party will play in accomplishing that
objective. Any shared cost or reimbursements will be governed in accordance with the
Supplemental Project Agreement.
13. 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. Items not available at the incident will be
documented and an "S" number will be issued to authorize replacement after the resource
leaves the incident.
y.
14. PRESERVATION OF EVIDENCE Both Parties will take action to protect and
preserve the fire origin area and evidence pertaining to the fire cause.
15. TRAINING The Parties will cooperate to ensure 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.
16. FIRE TRAINING CENTERS The Parties agree to reimburse (or bill) for fire training
rendered at 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.
17. BILLING PROCEDURES The Supporting Party will bill the Protecting Party for
actual costs incurred for Assistance by Hire. Reimbursements will be limited to the
provisions of the Agreement and the applicable AOP, regardless of whether or not it is
authorized on the Resource Order or other documentation produced by the incident.
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~ USDA, Forest Service
OM B O'i96.0217
FS.I'iOO.7
Reimbursable costs may include transportation, salary, overtime, per diem and other
approved expenses of Supporting agency personnel. Rates and conditions of use for the
equipment and personnel are documented in the AOP,
Parties shall submit a bill within 90 days of the incident.
Parties must use their own invoice form for billing under this Agreement to avoid any
confusion with other services that may have been ordered under other agreements.
Invoices must identify Supporting Party's 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.
Suppcming 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 maintenance and repair of equipment.
Department invoices will include "Record of Activities" (FSLA-5) and U.S. Forest
Service invoices will include transaction register.
Invoices for services under this agreement must be sent to:
U.S. Forest Service Department
---f---
Name: ROCKY OPLIGER Name: MIKE CONRAD
Address: 602 Tippecanoe Ave. Address: 200 E. 3rd Street
City, State, Zip: San Bernardino, CA. City, State, Zip: San Bernardino, CA.
92408 924 I 0-4804
Telephone: 909-382-2630 Tel ep hone: 909-384-5286
FAX: 909-383-5770 FAX: 909-384-5281
Email: ropliger@fs.fed.us Email: Conrad mi@sbcity.org
"
All bills will have a payment due date 30 days upon receipt.
Contested Billings: Written notice that a bill is contested will be mailed to the Party
within 30 days of receipt of thc invoice and will fully explain the contested items.
Contested items should be resolvcd no latcr than 60 days following receipt of the written
notice. Parties are responsible for facilitating resolution of contested billings.
Billing requirements and rates are documented in the attached AOP.
18. FIRE PREVENTION Parties may agree to share responsibilities and materials for fire
prevention activities. Materials may include posters for display in public buildings,
businesses and the like. Parties may share responsibility for fire prevention and rural fire
safety presentations and demonstrations.
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~ USDA. Forest Service OfvlB 0'196-0217
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19. FIRE RESTRICTIONS AND CLOSURES Parties will coordinate restrictions and
closures.
20. PRESCRIBED FIRE AND FUELS MANAGEMENT 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. Reimbursements
will be governed in accordance with a Supplemental Project Agreement signed by each
Party.
In the event a wildfire results from Prescribed Burning operations, responsibility ancI
accountability for the cost of suppression rest with the Party that has authority for igniting
the burn as identified in the Rx Burn Plan.
Parties will keep each other informed of Prescribed Fire operations.
21. NATIONAL EMERGENCIES The Parties to this Agreement may respond upon
request to National declared emergencies providing there are no statutory prohibitions
against such use.
22. 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.
r,
23. 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 as provided by the Freedom of Information Act
(FOTA) and Privacy Act. Parties shall retain and make supporting documents available
for a period of 5 years after final payment.
24. FUNDING LIMITATION Nothing herein shall be considered as obligating either
Party to expend, or as involving either 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. NATIONAL INCIDENT MANAGEMENT SYSTEM The Parties to this Agreement
will operate under the concepts defined in the National Incident Management System
(NIMS) 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.
26. FIREFIGHTER & OVERHEAD QUALIFICATIONS U.S. 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
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~ USDA. Porest Service OMB 0.')96-0217
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specified in National Wildfire Coordinating Group's (NWCG) PMS 310-1 to any U.S.
Forest Service incident, IMT assignment or overhead request.
27. PERSONAL PROTECTIVE EQUIPMENT The Parties agree to provide their
respective responding personnel with approved personal protective equipment (PPE)
suitable for the assignment. In the case of U.S. 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.
28. 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.
29. EQUIPMENT The Party that owns the equipment is responsible for the operation,
service, and repair of such equipment. The Protecting Party shall payor reimburse for
damages in excess of normal wear and tear, and ~haJ1 replace or reimburse items lost or
destroyed, except for damages occurring as a result of negligence by the Supporting
Party. Special rates for Federal Excess Personal Property (FEPP) equipment will be
displayed in the rate schedules, which eliminate any purchase or replacement costs for the
apparatus.
30. SUPPLEMENTAL FIRE DEPARTMENT RESOURCES There are situations when
additional support personnel are necessary for national mobilization and the need can be
filled by supplemental personnel available to the fire district. When this situation arises,
resources will be mobilized via the process outlined in Exhibit D.
f,
31. WAIVER OF CLAIMS AGAINST THE PARTIES The Department and Federal
agencies hereby waive all claims between and against each other for compensation for
loss, damage, and personal injury, including death, to each other's property, employees,
agents, and contractors occurring in the performance of this agreement.
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 Sections 119 and
504 of the Rehabilitation Act of 1973 as amended, which prohibits discrimination on the
basis of race, color, religion, sex, age, national origin, marital status, familial status,
sexual orientation, participation in any public assistance program, or disability.
33. ACCIDENT INVESTIGATIONS 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 initiate an investigation of the accident. A team made up of
appropriate representatives from all affected agencies shall conduct the investigation.
Costs for investigation personnel are Party-specific and will be borne by the sending
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OMB 0'196-0217
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Party. Other accident or incident investigation costs are the fiscal responsibility of the
Party (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 INli'ORMATION ACT (FOIA) Any information furnished to the
Forest Service under this instrument is subject to the Freedom of Information Act (5
U.S.c. 552).
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: .
36. DUNS NUMBER The cooperator shall furnish their DUNS number upon execution of
this instrument. You may obtain a DUNS number by contacting Dun and Bradstreet at
800-234-3867 or 866-794-1580. A DUNS number will be provided immediately by
telephone at no charge.
37. ELECTRONIC FUNDS TRANSFER (EFT) The recipient/cooperator shall designate
a financial institution or an authorized payment agent through which a federal payment
may be made in accordance with US Treasury Regulations, Money and Finance at 31
CFR 208, which requires that federal payments are to be made by EFT to the maximum
extent possible. A waiver may be requested and payments received by check by
certifying in writing that one of the following situations apply:
y.
I. The payment recipient does not have an account at a financial institution.
2. EFT creates a financial hardship because direct deposit will cost the payment
recipient more than receiving a check.
3. The payment recipient has a physical or mental disability, or a geographic, language,
or literacy barrier.
In order to receive EFT payments the recipient/cooperator shall register in the Central
Contractor Registry (CCR). You may register by going to and following
the instructions provided online. For assistance, contact the CCR Assistance Center at
888-227-2423 or 269-961-4725
38. PREVIOUS AGREEMENTS CANCELED This Agreement supersedes and cancels
any prior Cooperative Fire Protection Agreement between the Parties.
39. TERMINATION Both Parties retain the right to terminate their participation under this
Agreement by providing 30 days written notice to the other Party.
40. MODIFICATIONS Modifications within the scope of the instrument must be made by
mutual consent of the parties, by the issuance of a written modi fication, signed and dated
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by all parties, prior to any changes being performed. The U.S. Forest Service is not
obligated to fund any changes not properly approved in advance.
41. COMMENCEMENT/EXPIRA TION DATE This instrument is executed as of the
date of last signature and is effective for five years from that date, at which time it will
expire unless extended.
42. 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.
43. PRINCIPAL CONTACTS. Individuals listed below are authorized to act in their
respecti ve areas for matters related to this instrument.
Principal Cooperator Contacts:
e----- Cooperator Program Contact
Name: George Avery, Division Chief
Address: 200 E. 3rd Street
City, State, Zip: San Bernardino, CA.
92410-4804
Telephone: 909-214-0482
FAX: 909-384-5281
Email: avery ge@sbcity.org
C,ooperator Administrative Conta~t_
Name: Norma Camarena
Address: 200 E. 3rcJ Street
City, State, Zip: San Bernardino, CA.
92410-4804
Telephone: 909-384-5286
FAX: 909-384-5281
Email: camarena no@sbcity.org
y~
Principal U.S. Forest Service Contacts:
U.S. Forest Service Program Contact U.S. For'est Service Administrative
Contact
Name: Steve Seltzner Name: Bonnie Harris
Address: 602 Tippecanoe Ave. Address: 70 I N. Santa Anita Ave.
City, State, Zip: San Bernardino, Ca. City, State, Zip: Arcadia, CA. 91006
92408 Telephone: 626-574-5246
Telephone: 909-382-2631 FAX: 626-574-5363
FAX: 909-383-5770 Email: bharris@fs.fed.us
Email: sseltzner@fs.fed.us
44. AUTHORIZED REPRESENTATIVES. By signature below, each Party certifies that
the individuals listed in this document as representatives of the individual Parties are
authorized to act in their respective areas for matters related to this instrument. In
witness whereof, the Parties hereto have executed this instrument as of the last date
written below.
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t!wv~ I 10)' /2"'11
J7t~.
MIKE CONRAD, Fire Chief Date
San Bernardino City Fire Deprlltment
~~(QI~ gig/if
JODY NOIRON, Forest Supervisor Date
U.S. Forest Service, San Bcrnardino National Forest
The authority and format of this instrument have been reviewed and approved for
signature. (
~.
. - t~'1Jv .
. l/tlv'{j i { 'IAI1
ONNIE HARRIS\
.S. Forest ServIce Grants & Agreements Specialist
2?J0/ll
'Ite t
Y"
Burden Statement
According to the Paperwork Reduction Act of 1995, an agency may not conduct or sponsor. and a person is not required to respond to a collection of
information unless it displays a valid OMB control number. The valid OMS control number for this information collection is 0596-0217. The time
required to complete this information collection is estimated to average 4 hours per response, including the time for reviewing instructions, searching
existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information.
The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age,
disability, and where applicable, sex, marital status, familial status, parental status, religion, sexual ofientation, genetic information, political beliefs,
reprisal, or because all or part of an individual's income is derived from any public assistance. (Not all prohibited bases apply to all programs.)
Persons with disabililies who require alternative means for communication of program informatIOn (Braille, large print, audiotape, etc.) should contact
USDA's TARGET Center at 202-720.2600 (voice and TDD).
To file a complaint of discrimination, write USDA, Director, Office of Civii Rights, 1400 Independence Avenue, SW, Washington, DC 20250-9410 or
call toll free (866) 632-9992 (voice). TDD users can contact USDA through local relay or the Federal relay at (800) 877-8339 (TDD) or (866) 377-
8642 (relay voice). USDA is an equal opportunity provider and employer.
- HOVED AS TO FORM:
,jf!mesF. Penman,
City Attorney
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03 Jan II
2011-280
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~ USDA, Forest Service
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MIKE CONRAD, Fire Chief Date
San Bernardino City Fire Department
~ ~!11~ g Is Iff
laDY NOIRON, Forest Supervisor Date
U.S. Forest Service, San Bernardino National Forest
The authority and format of this instrument have been reviewed ancl approved for
signature.
n
y~
Burden Statement
According to the Paperwork Reduction Act of 1995, an agency may not conduct or sponsor, and a person is not required to respond to a collection of
information unless it displays a valid OMB control number. The valid OMB control number for this information collection is 0596-0217. The time
required 10 complete this information collection is estimated to average 4 hours per response, including the time for reviewing instructions, searching
existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information.
The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age,
disability, and where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs,
reprisal, or because all or part of an individual's income is derived from any public assistance. (Not all prohibited bases apply to all programs.)
Persons with disabilities who require alternative means for communication of program information (Braille, large print, audiotape, etc.) should contact
USDA's TARGET Center at 202-720-2600 (voice and TOO).
To file a complaint of discrimination, write USDA, Director, Office of Civil Rights, 1400 Independence Avenue, SW, Washington, DC 20250-9410 or
call toll free (866) 632-9992 (voice). TOO users can contact USDA through iocal relay or the Federal relay at (800) 877-8339 (TOO) or (866) 377-
8642 (relay voice). USDA is an equal opportunity provider and employer.
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COOPERA TIVE FIRE PROTECTION AGREEMENT
EXHIBIT A
DEFINITIONS
ADMINISTRATIVE 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 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 Party. Terms of
the agreement establish the reimbursement rates.
A V AILABLE: 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.
y..
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 (OPA): 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. DP As may include a mixture of Department and Forest Service responsibility
areas.
DIRECT PROTECTION AREA MAPS: Official maps which identify areas of direct
wildland fire protection for each Party.
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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.
FIRES COPE (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.
f.
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 of life or
damage to property and/or natural resources.
INITIAL ATTACK: Resources initially committed to an incident.
JURISDICTIONAL PARTY: The party which has overall land and resource management
and/or protection responsibility as provided by law.
LINE OFFICER/AGENCY REPRESENTATIVE: A Supporting Party employee with
full authority to make decisions on all matters affecting that Party's participation at the
incident.
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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.
MUTUAL AID: Automatic initial attack response by suppression resources (excluding
aircraft and pitot[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, EXCEPT when the response is under a unified command
and the fire threatens both local and federal jurisdictions. Fiscal responsibility for all
aircraft will be determined by the ordering process, utilization and cost share agreements.
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 ,md/or air quality.
PROTECTING PARTY: The PARTY responsibfe 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.
SUPPLEMENTAL FIRE DEPARTMENT RESOURCES: Overhead tied to a local fire
department generally by agreement who are mobilized primarily for response to
incidents/wildland fires outside of their district or mutual aid zone. They are not a
permanent part of the local fire organization and are not required to attend scheduled
training, meetings, etc. of the department staff.
SUPPORTING PARTY: The Party directly contributing suppression, rescue, support or
service resources to the Party possessing direct /'ire protection responsibility for the area
upon which an incident is located.
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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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COOPERA TIVE FIRE PROTECTION AGREEMENT
Exhibit D
SUPPLEMENTAL FIRE DEPARTMENT RESOURCES
When mobilizing Supplemental Fire Department Resources outside of the fire district or
mutual aid zone the following will apply,
Mobilization
Mobilization will follow established ordering procedures as identified in the National,
Geographic, and Local Mobilization Guides, Resources will be mobilized from the Host
Dispatch Zone in which the department is located, Personnel will be provided a copy of
the resource order request after confirmation of availability and prior to departure from
their home jurisdiction. Resource orders shall clearly indicate incident assignment,
incident location, expected incident arrival time, and any additional special needs or
equipment authorizations, e.g. rental vehicles, etc.
Reimbursable Costs
Reimbursable costs for personnel include compel;sation rates for hours worked,
transportation, and per diem. It is the intent of this provision that the Supplemental Fire
Department Resource be paid a regular compensation rate for all hours worked plus an
overtime compensation rate for actual overtime hours worked, including travel.
Reimbursable costs shall not include portal to portal payor the employee portion of
benefits. Travel and per diem reimbursements will be based on the Federal Travel
Regulations.
".
Backfill is not reimbursable for personnel hired as Supplemental Fire Department
Resources.
An indirect cost allowance equal to ten percent of the direct salary and wage cost of
providing the service (excluding overtime, shift premiums, and fringe benefits) is
allowed.
Personnel
All personnel will possess an active Incident Qualification System (IQS) or equivalent
incident qualification documentation commensurate with all applicable NWCG 310-1
standards for training and qualifications. Personnel will be qualified for their assigned
positions. SAN BERNARDINO CITY FIRE DEPARTMENT is responsible for
annually certifying and maintaining the qualifications of their Supplemental Fire
Department Resources. SAN BERNARDINO CITY FIRE DEPARTMENT will bear
the cost of training for their Supplemental Fire Department Resources.
Any personnel to be mobilized under this exhibit will be listed in the Annual Operating
Plan (AOP) by name, position(s), and identified as SR. While on assignment, these
individuals are SAN BERNARDINO CITY FIRE DEPARTMENT employees and the
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OM B 0506-0217
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SAN BERNARDINO CITY FIRE DEPARTMENT will be reimbursed for their actual
costs,
Rate Determination
The basis for the computation of base hourly rate is the classification level of the position
filled according to the attached matrix, Base hourly rate shall be no more than step 5 of
the appropriate GS wage adjusted for locality pay at the location of the fire district.
These rates can be found on the OPM web site )lIlp~ijvvw\\!.s~I?Jll:.g.QY, Salaries and Wages.
Personnel are hired at the rate of the position being filled, not their highest qualification,
The hourly compensation rates identified in the AOP are computed as follows:
1) ReguJar Compensation Rate: The rates listed include base hourly rate
determined above plus employee benefits, Emp]oyee benefits include those costs actually
incurred by the SAN BERNARDINO CITY FIRE DEPARTMENT for the
employment of these individuals, such as employer liability, workers compensation,
employer share of socia] security, etc,
2) Overtime Compensation Rate: OvertiA1e compensation rates are paid based on
a 7 day work week beginning on day one of mobilization, Compensation rates are paid at
time and a half of the base hourly rate for all hours worked in excess of 8 hours per day
for the first 5 days and full time and one half for all hours worked during the remainder of
the work week. Compensation includes travel time.
'.
3) Hazard Pay Rate: Hazard pay differential is paid to those employees
performing work that meets the definition of hazardous duty as defined in the Interagency
Incident Business Management Handbook, Section] 2,9. Compensation rates are paid at
25 percent of the base rate when performing duties that meet the definition of hazardous
duties. All hazard pay differential is based on a 24-hour day from 0001-2400 and shall be
paid for all hours in pay status during the calendar day in which the hazardous duty is
performed.
Davs off at Incident
Days off at the incident will be paid for 8 hours. Work/rest guidelines will be followed,
and mandatory days off will follow current guidelines (IIBMH ]2.7-2 #4). Once travel to
the home unit commences days off will not be paid.
Transportation and Per Diem
Per Diem reimbursements will be based on the Federal Travel Regu]ations. The payment
rate for privately-owned vehicles (pays) and rental vehicles used to support
Supplemental Fire Department Resources shall be at the current Federal Travel
Regu]ation rate.
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FS Agreement No.
Cooperator Agreement No.
11FIl10S1200024
Exhibit B
2011
ANNUAL OPERATING PLAN
FOR COOPERATIVE FIRE PROTECTION AGREEMENT
Between
SAN BERNARDINO CITY FIRE DEPARTMENT
and
U.S. Forest Service
SAN BERNARDINO NATIONAL FOREST
ANNUAL OPERATING PLAN
The Parties will meet annually, prior to the initiation of fire season to review and update, if
necessary, the Annual Operating Plan (AOP). This annual review will be documented by signing
and dating the review block on the signature page of ,this AOP. This AOP will include protection
area maps for all Parties, 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. This AOP takes effect as of the date of the last signature and will remain in effect
until superseded by a new AOP or upon expiration 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,
EXCEPT when the response is under a unified command and the fire threatens both local and
federal jurisdictions. Fiscal responsibility for all aircraft will be determined by the ordering
process, utilization and cost share agreements.
DESCRIPTION OF FOREST SERVICE DIRECT PROTECTION AREA (DPA)
The Forest Service has the responsibility for prevention, protection and suppression of wildland
fires on National Forest administered lands, and on adjacent or intermingled State and private
forested lands as identified through written agreement.
SEE DPA MAP
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DESCRIPTION OF DEPARTMENT DIRECT PROTECTION AREA (DPA)
The Department has the responsibility for prevention, protection and suppression of structure and
other non-wildland fires within the established fire district. These structures and lands protected
by the Department are intermingled or adjacent to lands protected by the U.S. Forest Service.
SEEDPAMAP
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 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.
COMMUNICA TIONS 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 of those 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
Page 2 of 15
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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.
SHARING FREQUENCIES
The Department agrees to authorize use by the Forest Service of the following frequencies:
San Bernardino City Fire Department uses 800 MHz system:
10-SBFD-1
10-SBFD-2
10-SBFD-A
10-SBFD-B
10-SBFD-C
10-SBFD-D
10-SBFD-E
10-FTAC-1
10-FTAC-2
1 O-CT AC-1
1 O-CT AC-2
Command Nets: 10-SBFD-l
20-SBFD-2
Tactical Nets: 154.385 TX 154.385 RX Orange
r.
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:
Command Nets: 171.4750 Tx 171.4750 Rx Forest Net
169.8750 Tx 171.4750 Rx Forest Net Repeat
Tactical Nets: 168.0500 Tx 168.0500 Rx Tac 1
168.2000 Tx 168.2000 Rx Tac 2
168.6000 Tx 168.6000 Rx Tac3
170.0000 Tx 170.0000 Rx FS Air to Ground
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These frequencies will be used for fire/emergency only within or adjacent to the Forest Service's
responsibility area.
OPERATIONAL & DUTY OFFICER CONTACTS
DEPARTMENT DUTY OFFICER CONTACT
SAN BERNARDINO CITY FIRE DEPARTMENT
FIRE MANAGEMENT
Mike Conrad, Chief 600
Mat Fratus, De ut Chief 601
Dou Du ree, Fire Marshal 610
Eric Es uivel, Division Chief 602
Mike Alder, Division Chief 603
Denis Moon, Division Chief 604
Geor eAve , Battalion Chief 605
Thomas Hannemann, Battalion
Chief 606
Paul Drasil, Battalion Chief 607
909.384.5286
909.384.5286
909.384.5388
909.384.5286
909.384.5286
909.384.5286
909.384.5279
909.659.6670
909.844.3309
760.403.2333
909.578.8314
951.972.7878
760.221.9002
909.214.0482
909.384.52791 951.733.7593
909.384.5279 909.213.2689
f.,
FOREST SERVICE DUTY OFFICER CONTACT
SAN BERNARDINO NA TIONAL FOREST
FIRE and AVIATION MANAGEMENT
Supervisor's. .office 909.382.2600 San Bernardino A.TB 909.382.2989
Fire Staff
FICCDispatch 909.383.5654 Emergency
909.383.5651
Name Position Work Mobile
Kurt Winchester Chief 1 Chief 909.382.2629 909.693.9818
Rockv Opliger Chief 2 Deputv Chief 909.382.2630 951.315.5119
Randv Unkovich Division 8 Fire Protection Specialist 909.382.2632 951.315.5854
Steve Seltzner Division 9 Fire Planner/Admin 909.573.5217
Vacant Division 10 Fuels Specialist 909.382.2689
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2011-280
Mike Eaton Division 7 Air Ops Mar 909.382.2994
Leslie Crenshaw Battalion 7 Air Service Mar 909.382.2989
Tom Sensintaffar Division 6 FICC Center Mar 909.382.2749 951.316.4555
Dan Snow Safety 1 Safety/Haz Mat Officer 909.382.2633 951.313.5453
MountainTop West (Sky Forest 909.382.2758
Division Office)
East (Fawnskin Office) 909.382.2790
David Kelly Division 1 Division Chief 909.382.2772 909.693.0241
Rene Vanderhooft Battalion 11 West Battalion 909.382.2769 951.315.5845
Betty Ashe Battalion 12 Protection Battalion 909.382.2802 909.754.1428
Mike Koontz Battalion 13 East Battalion
Mark Patino Battalion 14 Fuels Battalion
Front Country West (Lytle Creek 909.382.2850
Division Office)
East (Mil/Creek Office) 909.382.2881
Mike Wakoski Division 3 Division Chief 909.382.2877 951.236.1925
Mike Howes Battalion 31 West Battalion 909.382.2879 909.269.2927
Mary Boaens Battalion 32 Protection Battalion 909.382.2893 909.314.6950
Scott Wagner Battalion 33 East Battalion 909.382.2892 951.315.5853
Ken Kempter Battalion 34 Fuels Battalion 909.382.2878 909.224.4315
San Jacinto. Division Idyllwild Office 909.382.2922
Dan Felix Division 5 Division Chief 909.382.2943 951.314.1427
Greg Ross Battalion 51 Suppression Battalion 909.659.2377 909.615.9710
Richard Gearhart Battalion 52 Protection Battalion 909.659.5130 951.315.5856
Chris Fogle Battalion 53 Suppression Battalion 909.659.3926 909.238.2107
Freddie Espinoza Battalion 54 Fuels Battalion 909.659.3924 909.573.3758
Page 5 of 15
03 Jan 11
2011-280
FOREST SERVICE LINE OFFICER CONTACT
Forest Service Line Officers
Name Position Work Mobile
Jody Noiron Supervisor 1 Forest Supervisor 909.382.2600
Tom Gillett Supervisor 2 Deputy Forest Supervisor 909.382.2603 951.505.4719
Scott Tan~enber~ Ran~er1 District Ran~er 909.382.2728 909.486.1724
Gabe Garcia Ran~er3 District Ranger 909.382.2850 951.315.5850
Laurie Rosenthal Ranaer5 District Ranger 909.382.2922 951.228.9079
ICS QUALIFIED LIST AND IMT PERSONNEL
The list of qualified personnel is maintained by the Department's Command/Dispatch Center.
The resources may be available on an Assistance-by-Hire basis depending on Party's drawdown
and commitments.
THE USE OF 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.
Department trainees identified in the IMT Priority Trainee lists are pre-approved. The Forest
Service agrees to pay for the Department's trainees that are pre-approved and/or attached to a
Type I or Type 2 IMT.
All other Department trainees that are not pre-approved will be the cost responsibility of the
sending unit.
PA YMENT 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 DP As 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.
Page 6 of 15
03 Jan 11
2011-280
REIMBURSEMENT RATES AND METHODOLOGY (non-aviation)
Department Personnel and Equipment:
Reimbursement for personnel will be based on personnel rates on file with the California
Emergency Management Agency (Cal EMA) at the time of the incident and reimbursement
methodologies outlined in the California Fire Assistance Agreement (CFAA).
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 the Agreement. Actual costs associated with backfill needs are not
reimbursable. Reimbursement rates and methods under the CFAA are designed to provide
financing for backfill needs.
Personnel that routinely respond to emergencies (Chief Officers, Company Officers, and
Firefighters) will be reimbursed portal to portal for time committed to the incident. All other
personnel (civilian) will be reimbursed for actual time worked on the incident unless there is a
MOD or governing body resolution that dictates the 'specific position is to be reimbursed portal
to portal for the time committed to an emergency incident. The MOUs or resolutions must not
be contingent on this agreement or executed on the sole basis that there is reimbursement from
the federal or state agency. Firefighters also include crew members, helicopter pilots and dozer
operators.
'.
Reimbursement for equipment will be based on the CF AA Rate Letter applicable at the time of
the incident. The Protecting Party will provide fuel and lubricants while the equipment is on the
incident. The Supporting Party will provide fuel and lubricants while the equipment is en route
to the incident and while returning to the home unit. The Protecting Party shall payor reimburse
for damages in excess of normal wear and tear, and shall replace or reimburse items lost or
destroyed, except for damages occurring as a result of negligence by the Supporting Party.
Organized Emergency Crew resources including Type I and 2 crews, Fuels Crews, and flight
crews will be reimbursed at actual hours worked per day consisting of straight and overtime as
applicable unless labor agreements otherwise specify. Rates for these crews will be developed,
agreed to in advance and published annually herein.
An Administrative Rate can be added to the total of the personnel, support equipment, and other
approved reimbursements. The current standard Administrative Rate is 10% unless the
Department has submitted an agency specific administrative rate to Cal EMA under the CFAA.
The rate on file with Cal EMA at the time of the incident will be used.
The Department will prepare a FSLA-S (Record of Activities). The FSLA-S 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-S 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.
Page 7 of lS
03 Jan 11
2011-280
For Reimbursement under the terms of this agreement all resource orders must be dispatched and
processed by the SAN BERNARDINO National Forest Emergency Communication Center.
Any request not dispatched or processed by this ECC will not be reimbursed under this local
agreement.
Forest Service Personnel and EQuipment:
Reimbursable Forest Service costs will include 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 herein, and independent action situations). The Department
will be billed for support to incidents that are the jurisdictional responsibility of the Department.
The Administrative Rate for the Forest Service is published in the agency's Annual Program
Direction.
REIMBURSEMENT RATES AND METHODOLOGY (aviation)
Federal Excess Property Pro2;ram (FEPP) EQuipment
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 include
amortization, depreciation, replacement costs. modification, start-up costs, or related charges.
r,
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 (CAL FIRE). 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 CAL FIRE Type 2 helicopter rate (same CAL FIRE 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.
Page 8 of 15
03 Jan 11
2011-280
WHERE TO SEND REIMBURSEMENT INVOICES
Invoices for services under this agreement must be sent to the following addresses as
appropriate. This address supersedes any invoice mailing address which may be reflected in the
existing cooperative agreement.
Invoices for services under this agreement must be sent to:
U.S. Forest Service
Name: USDA Forest Service
San Bernardino National Forest
Address: 602 S. Tippecanoe Ave.
City, State, Zip: San Bernardino, CA 92408-2607
Attn: Rocky Opliger
Telephone: 909-382-2630
FAX: 909-383-5770
Email: rolierfs.fed.us
Department
Name: San Bernardino City Fire Department
Address: 200 E. 3rd Street
City, State, Zip: San Bernardino, CA 92410-
4889
AUn: Mike Conrad
Telephone: 909-384-5286
FAX: 909-384-5281
Email: Conrad mi@sbcity.org
SUPPLEMENT AL FIRE DEPARTMENT RESOURCES
Mobilization of Supplemental Resources is covered in Exhibit D.
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 (except as provided below)
. Personal telephone charges
. Support items normally available in Supply Unit, e.g. tents, sleeping bags, pads, water
coolers, etc.
Costs of agency cell phones in excess of normal monthly charges are reimbursable when
supported by cell phone provider bills.
DURATION OF ASSIGNMENTS
Consideration must be given to the health and safety of personnel when assigned to fires of long
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
Page 9 of 15
03 Jan 11
2011-280
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.
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 retyrn 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 of Fish & 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 of Smokey 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.
Page 10 of 15
03 Jan 11
2011-280
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-5) (except vegetation
management program and brushland 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 of CDF. 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 DP As. Both Parties agree to notify one
another when burn permits are issued. Fire Restrictions, Red Flag or other situations that may
affect the safe execution of campfire and/or burn permits will be shared by each Party.
NON-FIRE PROJECT USE OF RESOURCES
Each of the Parties may jointly conduct appropriate mutual interest projects such as prescribed
burns and facility/compound maintenance. Any shared cost or reimbursement will be governed
in accordance with a Supplemental Project Agreement signed by each Party prior to the start of
the project.
'.
WILDLAND FIRE DECISION SUPPORT SYSTEM (WFDSS)
Forest Service policy requires the use of "Wildland Fire Decision Support System" (WFDSS) for
all fires on or threatening Forest Service administered lands that have escaped initial attack. In
Unified Command situations the Forest Service will include the Department's input into the
development of control objectives, strategy and priorities.
SUPPRESSION AND DAMAGE COLLECTION
The Department 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
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 next expenditures of either Party to accomplish services
provided for in this Agreement, then such collections may be reported and shared
proportionately, after deducting the cost of collection.
Page 11 of 15
03 Jan 11
2011-280
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 DPA 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.
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.
"
Page 12 of 15
03 Jan 11
2011-280
APPROV AL:
IN WITNESS WHEREOF, the Parties have executed this Annual Operating Plan as of the last
date written below:
~/'~
s!3;jZo//
MICHAEL J. CONRAD, Department Chief
San Bernardino City Fire Department
Date
\
JO~' 09, L~or
u.s. Forest Service, San Bernardino National Forest
6/5/1 {
Date
The authority and format of this instrument have been reviewed and approved for
~iPM;w ,0//lJ,1 I
'.
u.S. Forest Service Grants & Agreements Specialist
Page 13 of 15
03 Jan 11
2011-280
ANNUAL REVIEW:
IN WITNESS WHEREOF, the Parties have completed the annual review of this AOP on the date
written below:
J;1w~J I. Iktc'-Cf
MICHAEL J. CONRAD, Department Chief
San Bernardino City Fire Department
/0)/ /zOc//
Date
JODy~~I~~
U.S. Forest Service, San Bernardino National Forest
/0(17/1/
Date
".
Page 14 of 15
03 Jan 11
ACTIVltJlY-~CORD
FOREST SERVICE, REGION 5
LOCAL COOPERATIVE FIRE AGREEMENT
[xhiiJit "["
AGREEMENT NO:
DEPARTMENT:
Date and Time Departed:
/
hrs. Return Date and Time:
hrs.
DISPATCH INFORMATION
Incident Name:
Reporting Location
Incident Number:
Incident Code:
Resource Order Number
Reporting Date/Time:
PERSONNEL INFORMATION
Oates of Services Request Payroll Name(s) ICS Position Total Hours to be
Number reimbursed
I
'.
.
Ap PARA TU s/EQUI PM ENT/VEH I CLE I N Fa RMA TlON
Type of Vehicle Category Vehicle Total Mileage
Dates of Services Apparatus / Module Strike Team # Apparatus or Information Or
Sedan SUV Van
Engine, Water Tender, Vehicle # PU 2x4 4x4 PaVor Operating
Dozer, Crew or Other Rental Company Hours
..
Signature of Authorizing Officer For Department:
Date Signed:
Date:
Form Distribution:
Original: Local Government Agency
(Attach to Dept invoice/bill)
Copy: Incident Management Team
Finance Section
Approved by
IC or FSC:
S FSLA-5 (01/2011)
2011-280
Exhibit D
2011
Annual Operating Plan
for the
Mobilization of Supplemental Fire Department Resources
The following personnel of the SAN BERNARDINO CITY FIRE DEPARTMENT are
designated Supplemental Fire Department Resources. Personnel may be added through an
amendment or as a revision to this AOP. While on assignment, these individuals are SAN
BERNARDINO CITY FIRE DEPARTMENT employees and the SAN BERNARDINO CITY
FIRE DEPARTMENT will be reimbursed for their actual costs.
The FY 2010 hourly compensation rates for the identified SAN BERNARDINO CITY FIRE
DEP ARTMENT personnel include any applicable pay as follows:
FY2011 Hourly Compensation Rates for Supplemental Fire Department Resources from
SAN BERNARDINO CITY FIRE DEPARTMENT:
Personnel Status Position Type Regular Compo Rate Overtime Compo Rate
Base Benefits
Hourly
Name SR qualification $/hr $/hr $/hr ,
qualification $/hr $/hr $/hr
qual~fication $/hr $/hr $/hr
Name SR qualification $/hr $/hr $/hr
Name SR qual~fication $/hr $/hr $/hr
r.
The regular compensation rates identified above include the following items:
Employer liability at xx%
Workers compensation at xx%
Medicare at xx%
Employer Contribution to Social Security at xx
Documentation for items included in rates will not be required to be submitted with billing, but
should be maintained, and may be requested by the government at any time.
The administrative charge on reimbursable costs for these resources is limited to 10% (rate set by
NWCG).
Page 15 of 15
03 Jan 11
' RECEIVED: San Bernardino
USDA Forest Service 5 OMB 0596-0217
FS-1500-19
City Fire-Administration
MODIFICATION OF GRANT OR AGREEMENT PAGE OF PAGES
1 7
1.U.S.FOREST SERVICE GRANT/AGREEMENT NUMBER: 2.RECIPIENT/COOPERATOR GRANT or 3.MODIFICATION NUMBER:
11-FI-1 1 05 1 200-024 AGREEMENT DER'IF ANY: 1
4.NAME/ADDRESS OF U.S.FOREST SERVICE UNIT ADMINISTERING 5.NAMEIADDRESS OF U.S.FOREST SERVICE UNIT ADMINISTERING
GRANT/AGREEN ENT(unit name,street,city,state,and zip+4): PROJECT/ACTIVITY(unit name,stmt,city,state,and zip+4):
Teresa Porter, Sierra National Forest Steve Seltzner, San Bernardino National Forest
1600 Tollhouse Rd. 602 Tippecanoe Ave.
Clovis,CA 93611 San Bernardino,CA. 92408
6.NAME/ADDRESS OF RECIPIENT/COOPERATOR(street,city,state,and zip+ 7.RECIPIENT/COOPERATOR'S HHS SUB ACCOUNT NUMBER(For HHS
4,county): payment use only):
San Bernardino City Fire Department
200 East 3rd St.
San Bernardino CA. 92410-4889
8.PURPOSE OF MODIFICATION
CHECK ALL This modification is issued pursuant to the modification provision in the grant/agreement
THAT APPLY: referenced in item no. 1,above.
CHANGE IN PERFORMANCE PERIOD:
CHANGE IN FUNDING:
ADMINISTRATIVE CHANGES:
® OTHER(Specify type of modification):Modify Provisions 29.EQUIPMENT and 37.ELECTRONIC FUNDS
TRANSFER of agreement Attachment A);Modify Annual Operating Plan Attachment B .
Except as provided herein,all terms and conditions of the Grant/Agreement referenced in 1,above,remain unchanged and in full
force and effect.
9. ADDITIONAL SPACE FOR DESCRIPTION OF MODIFICATION(add additional pages as needed):
Except for the changes documented in Attachment B the Annual Operating Plan for 2011 is the same and will remain in effect until
superseded by a new modification,AOP,or upon expiration of a went.
10. ATTACHED DOCUMENTATION(Check all that apply):
Revised Scope of Work
Revised Financial Plan
® Other: (Attachement A)Modified Provisions:29.EQUIPMENT and 37.ELECTRONIC FUNDS TRANSFER to
agreement;(Attachment B)Modify AOP
11. SIGNATURES
AUTHORIZED REPRESENTATIVE:BY SIGNATURE BELOW,THE SIGNING PARTIES CERTIFY THAT THEY ARE THE OFFICIAL REPRESENTATIVES OF
THEIR RESPECTIVE PARTIES AND AUTHORIZED TO ACT IN THEIR RESPECTIVE AREAS FOR MATTERS RELATED TO THE ABOVE-REFERENCED
GRANTIAGREEMENT.
11 A.SAN BERNARDINO CITY FIRE DEPARTMENT 1 I.B.DATE l I.C.U.S.FOREST SERVICE SIGNATURE I I.D.DATE
SIGNATURE SIGNED SIGNED
(Signature of Sigruatory Official) Signatorl Official)1
1I.E.NAME(type or print): Tom Hannemann I I.F.NAME(type or print): JODY NOIRON
1 i.o.Trr z (type or print): Interim Deputy Fire Chief I I.H. TITLE(type or print):Forest Supervisor
12.G&A REVIEW
12.A.The autho 'ty and format of ' modification have been reviewed and approved for signature by: 12.B.DATE
SIGNED
TERESA M.PORTER
U.S.Forest Service Grants&Agreements Specialist
i
U+�S
USDA Forest Service OMB 0596-0217
FS-1500-19
Burden Statement
According to the Paperwork Reduction Act of 1995,an agency may not conduct or sponsor,and a person is not required to respond to a collection of information unless it displays a valid OMB
control number. The valid OMB control number for this information collection is 0596-0217. The time required to complete this information collection is estimated to average 30 minutes per
response,including the time for reviewing instructions,searching existing data sources,gathering and maintaining the data needed,and completing and reviewing the collection of information.
The U.S.Department of Agriculture(USDA)prohibits discrimination in all its programs and activities on the basis of race,color,national origin,age,disability,and where applicable,sex,marital
status,familial status, parental status, religion, sexual orientation,genetic information, political beliefs, reprisal, or because all or part of an individual's income is derived from any public
assistance. (Not all prohibited bases apply to all programs.) Persons with disabilities who require alternative means for communication of program information(Braille,large print,audiotape,
etc.)should contact USDA's TARGET Center at 202-720-2600(voice and TDD).
To file a complaint of discrimination,write USDA,Director,Office of Civil Rights, 1400 Independence Avenue,SW,Washington,DC 20250-9410 or call toll free(866)632-9992(voice). TDD
users can contact USDA through local relay or the Federal relay at(800)877-8339(TDD)or(866)377-8642(relay voice). USDA is an equal opportunity provider and employer.
USDA Forest Service OMB 0596-0217
FS-1500-19
Attachment A 11-FI-11051200-024
The following Provisions in the Cooperative Fire Protection Agreement are hereby replaced:
29. EQUIPMENT The Party that owns the equipment is responsible for the operation, service, and repair of
such equipment. Notwithstanding the general waiver of claims against each other in Clause#31 the parties
agree that the Protecting Party shall pay or reimburse for damage in excess of normal wear and tear, and
shall replace or reimburse items lost or destroyed, except for damage occurring as a result of negligence by
the Supporting Party. Special rates for Federal Excess Personal Property(FEPP) equipment will be
displayed in the rate schedules, which eliminate any purchase or replacement costs for the apparatus.
37. ELECTRONIC FUNDS TRANSFER(EFT) The recipient/cooperator shall designate a financial
institution or an authorized payment agent through which a federal payment may be made in accordance
with US Treasury Regulations, Money and Finance at 31 CFR 208, which requires that federal payments are
to be made by EFT to the maximum extent possible. A waiver may be requested and payments received by
check by certifying in writing that one of the following situations apply:
1. The payment recipient does not have an account at a financial institution.
2. EFT creates a financial hardship because direct deposit will cost the payment recipient more than
receiving a check.
3. The payment recipient has a physical or mental disability, or a geographic, language, or literacy barrier.
In order to receive EFT payments the recipient/cooperator shall register in the System for Award
Management(SAM). You may register by going to www.sam.gov and following the instructions provided
online. For assistance, contact SAM User Help the supporting Federal Service Desk at(866) 606-8220 or
www.fsd.gov .
RECEIVED; San Bernardino
MAR 3 2015
City Fire-Administration
11-FI-11051200-024
AOP Modification 1
ATTACHMENT B
The Forest Service Contact for reimbursement invoices is updated to the
following:
WHERE TO SEND REIMBURSEMENT INVOICES
Invoices for services under this agreement must be sent to the following addresses as
appropriate. This address supersedes any invoice mailing address which may be reflected in the
existing cooperative agreement.
Invoices for services under this agreement must be sent to:
U.S. Forest Service San Bernardino City Fire Department
Name: Steve Seltzner San Bernardino City Fire Department
602 Tippicanoe Ave. 200 E.3RD ST.
San Bernardino,CA. 92408 San Bernardino, CA. 92410-4889
909-382-2631 ATTN: Tom Hannemann
FAX: 909-383-5770 909-384-5286
sseltzner @fs.fed.us FAX: 909-384-5281
Hannemann To @sbcity.org
Forest Service Duty Officer Contact is updated to the following:
FOREST SERVICE DUTY OFFICER CONTACTS
foFtEST SEA
04S SAN BERNARDINO NATIONAL FOREST
PJ11ENi0F,►� FIRE and A VIA TION MANAGEMENT
Supervisor's Office 909.382.2600 San Bernardino ATB 909.382.2989
Fire Staff
FICC Dispatch 909.383.5654 Emergency
909.383.5651
Name Position Work Mobile
Jaime Gamboa Chief 1 Chief 909.382.2629 909.677.6017
Randy Unkovich Chief 2 Deputy Chief 909.382.2630 951.315.5854
RECEIVED: San Sernardino
MAR 3 2015
11-FI-11051200-024
AOP Modification 1
Vacant Division 8 Fire Protection Specialist 909.382.2632 N/A
Steve Seltzner Division 9 Fire Planner/Admin 909.382.2631 909.573.5217
Vacant Division 10 Fuels Specialist 909.382.2689 N/A
Mike Eaton Division 7 Forest Aviation Officer 909.382.2994 951.315.5847
Leslie Crenshaw Battalion 7 Air Service Mgr 909.382.2989 N/A
Vacant Division 6 FICC Center Mgr 909.382.2749 N/A
Dan Snow Safety 1 Safet /Haz Mat Officer 909.382.2633 951.313.5453
Mountain Top West(Sky Forest 909.382.2758
Division Office)
East(Fawnskin Office) 909.382.2790
David Kelly Division 1 Division Chief 909.382.2772 909.693.0241
Rene Vanderhooft Battalion 11 West Battalion 909.382.2769 951.315.5845
Betty Ashe Battalion 12 Protection Battalion 909.382.2802 909.754.1428
Mike Koontz Battalion 13 East Battalion 951.315.5849 951.315.5849
Front Country West(Lytle Creek 909.382.2850
Division Office)
East(Mill Creek Office) 909.382.2881
Lucas Minton Division 3 Division Chief 909.382.2877 951.236.1925
Scott Howes Battalion 31 West Battalion 909.382.2879 909.269.2927
Mar Bo ens Battalion 32 Protection Battalion 909.382.2893 909.314.6950
Ken Kem ter Battalion 33 East Battalion 909.382.2878 909.224.4315
San Jacinto Division Idyllwild Office 909.382.2922
Dan Felix Division 5 Division Chief 909.382.2943 951.314.1427
Richard Gearhart Battalion 52 Protection Battalion 909.659.5130 951.315.5856
Chris Fo le Battalion 53 Suppression Battalion 909.659.3926 909.238.2107
Freddie Espinoza Battalion 51 Suppression Battalion 909.659.3924 909.573.3758
11-FI-11051200-024
AOP Modification 1
Forest Service Line Officers
Name Position Work Mobile
Jody Noiron Supervisor 1 Forest Supervisor 909.382.2600 626.590.7628
John Exline Supervisor 2 Deputy Forest Supervisor 909.382.2603 951.505.4719
Mark Starner Ran er 1 District Ranger 909.382.2728 N/A
Gabe Garcia Ran er 3 District Ranger 909.382.2850 951.315.5850
Arturo Delgado Ran er 5 District Ranger 909.382.2924 909.677.9632
The Departments agrees to authorize use of the following frequencies:
Command Nets: 171.4750 Tx 171.4750 Rx Forest Net
169.8750 Tx 171.4750 Rx Forest Net Repeat
Tactical Nets: 168.0500 Tx 168.0500 Rx Tac 1
168.2000 Tx 168.2000 Rx Tac 2
168.6000 Tx 168.6000 Rx Tac 3
168.4875N Tx FS I.A.Air to Ground
Command Nets: 800mhz
10-SBFD-1
20-SBFD-2
VHF
159.1200 156.0600 County 2 R
Tactical Nets: 154.3850 154.3850 BDO V-1
MOW
11-FI-11051200-024
AOP Modification 1
OPERATIONAL & DUTY OFFICER CONTACTS
DEPARTMENT DUTY OFFICER CONTACT
Name Radio Cell O ice Dispatch
Vacant 600 909-213-2689 909-384-5286 909-384-5777
Tom Hannemann 601 760-403-2333 909-384-5286 909-384-5777
Grant Hubbell 602 951-237-1503 909-384-5401 909-384-5777
Dan Harker 603 909-844-7382 909-384-5401 909-384-5777
Michael Bilheimer 604 951-532-9872 909-384-5279 909-384-5777
Alan Duggan 605 909-633-7310 909-384-5401 909-384-5777
Vacant 606 951-733-7593 909-384-5279 909-384-5777
Nathan Cooke 607 909-260-1257 909-384-5279 909-384-5777
Office: 200 East 3rd Street San Bernardino, CA 92401