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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 The authorization to execute the Agreement is rescinded if it is not 23 executed within one-hundred-twenty (120) days of the passage of this resolution. 24 III 25 III 26 III 27 III 28 III FIROTH\RESOS\Fire USDA Coop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 /~ 1 ,", i \) ) " ).-1 C.~! I ,1.,..1-\ ~~. \...L-\.. ' \.l... ...tllL) L.4C- 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 F:\ROTH\RESOS\Fire USDA Coop Al,,'llnt.wpd 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 ~ ~ USDA. Forest Service OMB 0596-0217 FS-ISOO-7 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 Page I of 16 03 Jan II 2011-2~W OMB 0596-~ FS-1500-7 structures and lands protected by the Department are intermingled or adjacent to lands protected by the U.S. Forest Service. ~ ~ USDA, 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 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 Page 2 of 16 03 Jan II 2011-280 S""'" u s " USDA. Forest Service OMB 0596-0217 FS-1500-7 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 Page :I of ] 6 mJunll 2011-280 ~ ~ USDA, Forest Service OMB 0596-0217 FS-1500-7 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. Page 4 of 16 03 Jan II 2011-280 00 ~ USDA, Forest Service OMB 0596-0217 FS-l )00-7 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. 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. Page 5 of 16 03 J an II 2011-280 l e USDA, Fore" S,co'ce 19. FIRE RESTRICTIONS AND CLOSURES closures. OMB ~596-0~ FS-150~2J 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 Page 6 of J6 03 Jan 11 2011-280 OMR0596-{)217! FS-1500-7 specified in National Wildfire Coordinating Group's (NWCG) PMS 310-1 to any U,S. Forest Service incident; IMT assignment or overhead request. ~ ~ USDA, Forest Service 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 Page7of16 03 Ian II 2011-280 ~ . ~ USDA, Forest Service OMB 0596-0217 FS-1500-7 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 Page 8 of 16 03 Jan 11 2011-280 OMR oS96od FS-1500-7 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. ~ USDA, Forest Service 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. Page9ofl6 m Jan II 2011-2~W ~ . ~ USDA, Forest Service OMB 0596-02J7 FS, 1 500-7 MIKE CONRAD, Fire Chief Date San Bernard.ioo City Fire Department ~ ~LQIY2M '6lg/11 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. Page 10 of 16 03 Jan I] 2011-280 e USDA, Forest Service OMB 0596-0217 FS-1500-7 -- 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 [ 2011-280 ~ 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 03 Ian I ) 2011-280 [ ~ 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 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 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. 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 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. 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 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 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: MICHAEL J. CONRAD, Department Chief Date San Bernardino City Fire Department JODY NOIRON, Forest Supervisor U,S. Forest Service, San Bernardino National Forest Date Page 14 of 15 03 Jan 11 2011-2~W 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). Page 15 of 15 03 Jan 11 2011-280 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 Page I of 16 0;\ Jan 11 2011-280 ~ ~ USDA. Forest Service OMB 0596.0217 FS- 1500-7 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 Page 2 of 16 03 Jail II 2011-280 ~ ~ USDA. forest Service OMB 0506-0217 fS-1500-7 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 P:\ge ~ of J 6 en Jan II 2011-280 ~ ~ USDA, Forest Service OMH O.'i<JO-mI7 FS-1500-7 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. Page4ofl6 03 .lUll II 2011-2lW fuW ~ USDA. Fores! Sl:rvice OM" 0.'96.0217 i FS-I 500- 7 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. Page 5 of 16 0;\ J an I I 2011-280 ~ ~ USDA. Forest Service OM H 0596-0217 FS-1500- 7 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 Page 6 of 16 m Jan II 2011-280 ~ ~ USDA, ForL'st Serl'ice OMB O'i9fl-0217 FS-1500-7 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 Page 7 of In en Jan 11 2011-280 I~ ~ USDA. Forest Service OMIl O:'i96-0217 _ FS-1500-7 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 Page Ii () f ] 6 03 Jan II 2011-280 IW ~ USDA. Fores! Service OMB 0596.0217 . FS. 1.'\00.7 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 (H Jail 11 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. Page 1 ) of 16 m Jan II 2011-280 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. Page 12 of 16 03 Jan J 1 2011-2~W 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 In .Ian 1 ] 2011-280 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 2011-2~W 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. 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 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. 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 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 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. 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 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. 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 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. Page 12 of 15 03 Jan 11 2011-2~W 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 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: 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 03 Jan 11 2011-2~W 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). Page 15 of 15 03 Jan 11 2011-280 ~ USDA. Forest Service OMB 05CJCJ-0217 FS-1500- 7 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 Page I of 16 03Janll 2011-280 w ~ USDA, Forest Service OMI3 O'i06~0217 FSc I 'iO()~ 7 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 Page 2 or 16 (n Jan J I 2011-280 ~ USDA, Forest Service OMB 0596-0217 FS-1500-7 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 Page 1 of 16 en Jan II 2011-280 ~ ~ USDA, Forest Service OMB 05%-0217 FSc 1500- 7 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. Page 4 0 f' 16 en Jan II 2011-280 ~ 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. Page 5 or 16 (n Jan II 2011-280 fITW ~ USDA. Forest Service OfvlB 0'196-0217 FS" I '100-7 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 Page 6 of 16 m Jan II 2011-280 ~ ~ USDA. Porest Service OMB 0.')96-0217 FS-I .')00- 7 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 Page 7 or 16 03 J an I I 2011-280 m USDA. Forest Service OMB 0'196-0217 FS~ 1500-7 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 Page 8 () r 16 en Jail I] 2011-280 ftJW ~ USDA. Forest Service orvm 0596-0217 FS- 1 500-7 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. P:lgc 9 of 16 en Jan I] 2011-280 I~ ~ CSDA. Forest Service OM H 0596-0217 FS-1500- 7 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 ~/, /' / < ,~ By:/ ~ . i_~t.-.___ ~ ~ . :4 . t ~A__ ,Pt~~~O(1f 16 '-,~~r )l)~<~~~~ 03 Jan II 2011-280 w ~ USDA, Forest Service OMB 0596-0217 FSc.1500-7 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. Pagcl()oflG en Jun ] I 2011-280 ~ USDA, Forest Service OMB 0'106-0217 FS- I '100- 7 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. Pagellofl6 03.1al111 2011-280 ~ ~ USDA. Forest Service OMH O'i96-0217 FSc l'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 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. Page 12 or 16 en Jan I] 2011-280 w ~ USDA. Forest Service 01\113 0'i96-0217 FS" 1'i00-7 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. Page 13 of 16 03 Jan II 2011-280 fuW ~ USDA, Forest Service OMB 0596-0217 FS" 1500-7 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, y~ Pagel4ofl6 In Jan II 2011-280 w ~ USDA, Forest Service OMB 0596-0217 FSc 15()O- 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 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 Pagcl5ofl6 en .Ian II 2011-280 e USDA, Forest Service OM B 0506-0217 FS.cl 500- 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 )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. Page 16 or 16 03 .J an I 1 2011-280 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 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. 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 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-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 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 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 Page 4 of 15 03 Jan 11 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