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HomeMy WebLinkAboutA5512A - SAN BERNARDINO NATIONAL FOREST COOPERATIVE FIRE PROTECTION AGR FS Agreement No. 12-FI-11051200-024 Cooperator Agreement No. Exhibit B 2012 ANNUAL OPERATING PLAN FOR COOPERATIVE FIRE PROTECTION AGREEMENT Between PALM SPRINGS 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 This AOP takes effect as of the date of the last signature and will remain in effect until superseded by a new AOP or upon expiration of the agreement.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. Page 1 of 14 03 Jan 11 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 BDF DIRECT PROTECTION AREA MAP TITLED: /DPA_SOUTH_ESIZE_20120607_RFS.PDF 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. SEE BDF DIRECT PROTECTION AREA MAP TITLED: /DPA_SOUTH_ESIZE_20120607_RFS.PDF OFFSET OF SUPPRESSION COSTS The FOREST SERVICE DPA (Santa Rosa and San Jacinto Mountains National Monument) includes lands annexed by the City of Palm Springs. These lands are undeveloped, inaccessible and therefore difficult to differentiate for cost share purposes. Therefore, it is mutually agreed that the FOREST SERVICE will provide wildland fire suppression on Palm Springs City lands inside the National Monument. In consideration of the above, the DEPARTMENT agrees to initial attack wildland fires along the eastern border of the National Monument where that border coincides with the western border of the City of Palm Springs including Mutual Threat Zones as articulated on the most current DPA map. This mutual agreement will be considered offsetting suppression costs. 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. Page 2 of 14 03 Jan 11 MOVE-UP AND COVER "Move-up and Cover" is the reallocation of fire suppression resources from their established location to a temporary location. For this agreement, "Move-up and Cover" is limited to moving Supporting Party engine companies and dozers (if applicable) to Protecting Party facilities which have been temporarily vacated because of emergency activity. The Protecting Party may provide subsistence and lodging at no cost to the Supporting Party. Mutual Aid (if applicable) "Move-up and Cover" will be at no cost to the Protecting Party for the initial Mutual Aid period agreed to in this Agreement. While in the Mutual Aid period (if applicable), if the Supporting Party's resources are dispatched by the Protecting Party to a fire, Assistance by Hire will apply unless the fire is located in an area of predetermined aid(as agreed to in this Agreement). In no case will Forest Service resources be held in "Move-up and Cover" status beyond the end of their 16 hour maximum duty day. SINGLE POINT RESOURCE ORDERING Any and all requests for emergency assistance and incident support on cross boundary incidents must be clear and precise and shall be processed and recorded through a single dispatching center identified by the Incident Commanders of both Parties (Unified Command) and supported by order and request numbers. COMMUNICATIONS AND FREQUENCY MANAGEMENT The Parties agree to utilize the frequencies assigned by the Emergency Command Centers for the management of an incident. This includes the assigned Command and Tactical Frequencies. In the case where the Parties' administrative frequencies have not been assigned for those purposes, the use 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 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: Command Nets: 154.335 Tx 154.335 Rx Command Tactical Nets: 154.310 Tx 154.310 Rx Tac 1 155.895 Tx 155.895 Rx Tac 2 Page 3 of 14 03 Jan 11 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 Tac 3 169.1125 Tx(R5 A/G4) 169.1125 Rx(115 A/G4) FS Air to Ground These frequencies will be used for fire/emergency only within or adjacent to the Forest Service's responsibility area. *NOTE-CHANGE IN FS AIR TO GROUND OPERATIONAL & DUTY OFFICER CONTACTS DEPARTMENT DUTY OFFICER CONTACT PALM SPRINGS FIRE DEPARTMENT Name Radio Work Mobile pager HEAgOUAR7ERS OFFICE 760.323.8181 300 N. El Cielo Road 'Pain Sol itgs Cis.92262 pr R1iC lag 786 Jt Scott Ventrua Chief 4400 760.323.8188 760.217.6234 John Allen Div. 4401 760.323.8187 760-218-4278 Jason Loya Batt.4430 760.323.8183 760.927-5770 David Rees Batt.4440 760.323.8183 j 760-217-9847 James Webb Batt.4420 760.323.8183 760.217.8541 Page 4 of 14 03 Jan 11 FOREST SERVICE DUTY OFFICER CONTACT uSmfol, SAN BERNARDINO NATIONAL FOREST FIRE and AVIATION 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 909-693- Shawna Le arza Chief 1 Chief 909.382.2629 9818 Randy Unkovich Chief 2 Deputy Chief 909.382.2630 951.315.5854 Vacant Division 8 Fire Protection Specialist 909.382.2632 WA Steve Seltzner Division 9 Fire Planner/Admin 909.382.2631 909.573.5217 Vacant Division 10 Fuels Specialist 909.382.2689 WA Mike Eaton Division 7 Air O s Mgr 909.382.2994 951.315.5847 Leslie Crenshaw Battalion 7 Air Service Mgr 909.382.2989 WA Elizabeth Barerra Division 6 FICC Center Mgr 909.382.2749 951.316.4555 Dan Snow Safety 1 Safe /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 Vanderhooff 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 Vacant Battalion 14 Fuels Battalion WA WA Page 5 of 14 03 Jan 11 Front Country West(Lytle Creek 909.382.2850` Division Office) East(Mill Creek Office) gog.382.28el Mike Wakoski Division 3 Division Chief 909.382.2877 951.236.1925 Scott Howes I Battalion 31 1 West Battalion 1 909.382.2879 1 909.269.2927 Mary Bo ens Battalion 32 Protection Battalion 1 909.382.2893 909.314.6950 Scott Wagner Battalion 33 East Battalion 909.382.2892 951.315.5853 Ken Kem ter 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 Fo le Battalion 53 Suppression Battalion 909.659.3926 909.238.2107 Freddie Espinoza Battalion 54 Fuels Battalion 909.659.3924 909.57.13758 FOREST SERVICE LINE OFFICER CONTACT Forest Service Line Officers Name Position Work Mobile Jody Noiron Supervisor 1 Forest Supervisor 909.382.2600 626.590.7628 Tom Gillett Supervisor 2 Deputy Forest Supervisor 909.382.2603 951.505.4719 Scott Tanaenbera Ran er 1 District Ranger 909.382.2728 909.486.1724 Gabe Garcia Ran er 3 District Ranger 909.382.2850 961.315.5850 Laurie Rosenthal Ran er 5 District Ranger 909.382.2922 1951.228.9079 Page 6 of 14 03 Jan 11 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 1 or Type 2 IMT. All other Department trainees that are not pre-approved will be the cost responsibility of the sending unit. PAYMENT OF STRUCTURE PROTECTION For wildfires within the Department's or Forest Service's DPA, the financial responsibility for the protection and suppression of structures remains with the Party who has statutory responsibility for structure suppression and protection. For incidents involving both Department and Forest Service DPAs the cost share agreement should reflect the Department's structure protection/suppression responsibilities and financial obligation within its jurisdiction. In situations when the Department orders additional resources and initiates additional actions beyond the level deemed necessary by the unified command, the Department is responsible for the costs. 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 backfrll coverage (to respond to subsequent emergencies) that becomes necessary as a result of the execution of the Agreement. Actual costs associated with backfrll 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 Page 7 of 14 03 Jan 11 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 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 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 pay or 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. 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. 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. 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. Page 8 of 14 03 Jan 11 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 ("ATGS") will be itemized separately. ATGS 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-1H 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. 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 San Bernardino National Forest Palm Springs City Fire Department Attn: Steve Seltzner 300 N El Cielo Road 602 S.Tippecanoe Ave. Palm Springs,CA 92262 San Bernardino, CA 92408-2607 760-323-8181 909-382-2631 FAX: 760-778-8430 FAX: 909-383-5770 Scott.Ventura@pahnspringsca.gov sseltzner@fs.fed.us SUPPLEMENTAL FIRE DEPARTMENT RESOURCES Mobilization of Supplemental Resources is covered in Exhibit D. Page 9 of 14 03 Jan 11 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 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. Page 10 of 14 03 Jan 11 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. 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 DPAs 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 Page 11 of 14 03 Jan 11 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. 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. APPROVAL: IN WITNESS WHEREOF, the Parties have executed this Annual Operating Plan as of the last date written below: Page 12 of 14 03 Jan 11 L SCOTT VENTURA, Fire Chief Da( Palm Springs City Fire Department 304 ) o 1/lfl//z— JODY NOIRON,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. TERESA M. PORTER D to U.S. Forest Service Grants Management Specialist Page 13 of 14 03 Jan 11 Exhibit D 2012 Annual Operating Plan for the Mobilization of Supplemental Fire Department Resources The following personnel of the PALM SPRINGS 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 PALM SPRINGS FIRE DEPARTMENT employees and the PALM SPRINGS FIRE DEPARTMENT will be reimbursed for their actual costs. The FY 2010 hourly compensation rates for the identified PALM SPRINGS FIRE DEPARTMENT personnel include any applicable pay as follows: FY2012 Hourly Compensation Rates for Supplemental Fire Department Resources from PALM SPRINGS FIRE DEPARTMENT: Personnel Status Position Type Regular Com . Rate Overtime Comp.Rate Base Benefits Hourly Name SR qualification $/hr $/hr $/hr qualification $/hr $/hr $/hr qualification $/hr $/hr $/hr Name SR I qualification $/hr $/hr $/hr Name I SR I qualification $/hr $/hr $/hr The regular compensation rates identified above include the following items: Employer liability at xx% Workers compensation at xx% Medicare at xx% Employer Contribution to Social Security at xx Documentation for items included in rates will not be required to be submitted with billing,but should be maintained, and may be requested by the government at any time. The administrative charge on reimbursable costs for these resources is limited to 10% (rate set by NWCG). 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A USDA,Forest Service OMB 0596-0217 FS-1500-7 FS Agreement No. 12-FI-11051200-024 Cooperator Agreement No. COOPERATIVE FIRE PROTECTION AGREEMENT Between The PALM SPRINGS 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 Palm Springs 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. 565a1 —a3), as amended by the Consolidated Appropriations Act of 2008 P. L. 110-161 and the Omnibus Public Lands Act, P.L. 111- 11, 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 1 of 16 03 Jan 11 w+ 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. IILDEFINITIONS 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) Exhibit B. 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 of 17 03 Jan 11 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 lands protected by the other Party to suppress wildfires, if the fire is a threat to property within that Party's protection responsibility. In such instances, the Party taking action will promptly notify the Protecting Party. If either Party takes action on a fire independently, the Supporting Party will furnish the Protecting Party a preliminary report (oral) within 24 hours of the action taken and a written incident report with 10 days. 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 bum 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.EQUIPMENT AND SUPPORT The Parties may procure, loan, lease, share or exchange facilities, equipment and support services. This may include,but is not Page 3 of 16 03 Jan 11 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 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 of 16 03 Jan 11 USDA,Forest Service OMB 0596-0217 FS-1500-7 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. Supporting documentation will itemize details of billing, listing personnel, equipment, travel and per diem, aircraft, supplies and purchases as approved in the attached AOP. It will also include itemized deductions for 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 STEVE SELTZNER PALM SPRINGS CITY FIRE DEPT. 602 Tippecanoe Ave. 300 N. El Cielo Road San Bernardino, CA. 92408 Palm Springs, CA. 92262 909-382-2631 760-323-8181 FAX: 909-383-5770 FAX: 760-778-8430 sseltzner@fs.fed.us Scott.Ventura@palmspringsea.gov 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. 19. FIRE RESTRICTIONS AND CLOSURES Parties will coordinate restrictions and closures. Page 5 of 16 03 Jan 11 USDA,Forest Service OMB 0596-0217 FS-1500-7 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 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 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 INTERAGENCY INCIDENT MANAGEMENT SYSTEM The Parties to this Agreement will operate under the concepts defined in the National Interagency 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 03 Jan 11 USDA,Forest Service OMB 0596-0217 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. 27. PERSONAL PROTECTIVE EOUH'MENT 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 NFPA 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. EOUIPMENT The Party that owns the equipment is responsible for the operation, service, and repair of such equipment. The Protecting Party shall pay or 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. 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 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 of 16 03 Jan 11 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.usda.gov/dcia/eftweb.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 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 Central Contractor Registry (CCR). You may register by going to www.cer.gov and following the instructions provided online. For assistance, contact the CCR Assistance Center at 888-227-2423 or269-961-4725 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 modification, signed and dated Page 8 of 16 03 Jan 11 USDA,Forest Service OMB 0596-0217 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. 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: Cooperator Program Contact Cooperator Administrative Contact Scott Ventura Judy Blumberg 300 N. El Cielo Road 300 N. El Cielo Road Palm Springs, CA. 92262 Palm Springs, CA. 92262 760-323-8181 760-323-8181 FAX: 760-778-8430 FAX: 760-778-8430 Scott.Ventura@palmspringsca.gov Judy.Blumberg@palmspringsca.gov Principal U.S. Forest Service Contacts: U.S.Forest Service Program Contact U.S. Forest Service Administrative Contact Steve Seltzner Teresa Porter 602 Tippecanoe Ave. 1600 Tollhouse Road San Bernardino, CA. 92408 Clovis, CA. 93611 909-382-2631 559-297-0706 x 4843 FAX: 909-383-5770 FAX: 559-294-4833 sseltzner@fs.fed.us tporter@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. Page 9 of 16 03 Jan 11 USDA,Forest Service OMB 0596-0217 FS-1500-7 I� 9� 91/2- SCOTT VENTURA, Fire Chief Date Palm Springs City Fire Department , &q &M qllvfiz�, JODY NOIRON, 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. mil. 7 COL- � TERESA M. PORTER Date U.S. Forest Service Grants Management Specialist 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 4 hours per response,including file 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 TDO). 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. _ Page 10 of 16 03 Jan 11 USDA,Forest Service OMB 0596-0217 FS-1500-7 7 APPROVED BY CITY MANAGER CITY MANAGER Date 4�)� ®y. -;V- yD�Z CITY ATTORNEY Date ?ITYLERK Date 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 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,poli8ral beliefs, reprisal,or because all or part of an individual's income is denied 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-M(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. Page 11 of 17 03 Jan 11 USDA,Forest Service OMB 0596-0217 FS-1500-7 COOPERATIVE FIRE PROTECTION AGREEMENT EXHIBIT A DEFINITIONS ADMINISTRATIVE RATE: That pre-established percentage charge that will be applied by the billing PARTY. AIRCRAFT: Any 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. AVAILABLE: Following the Incident Command System protocols, the status of a fire fighting resource that indicates its availability for assignment on an incident. BACKFILLING: The act of providing cover staffing at the station or administrative site that has been vacated by the resources provided to the incident BOUNDARY FIRE: A fire burning on or directly adjacent to the Direct Protection Boundary between the Department and the Forest Service. CLOSEST FORCES CONCEPT: The philosophy of committing the closest available appropriate resources,regardless of ownership, as described in the Annual Operating Plan, to a wildfire for initial attack or for critical need. COOPERATIVE FIRE PROTECTION: Specific fire protection services furnished by one party to the other on a reimbursable basis pursuant to the Annual Operation Plan. COST SHARE AGREEMENT: An interagency agreement describing the conditions and/or percentage of Department and Forest Service financial responsibility for costs incurred as a result of jointly approved operations pursuant to the terms of this agreement. DETECTION: The act or system of discovering and locating a fire. DIRECT PROTECTION AREA (DPA): That area which, by law or pursuant to the terms of this agreement, is provided wildland fire protection by the Department or by the Forest Service. DPAS may include a mixture of Department and Forest Service responsibility areas. DIRECT PROTECTION AREA MAPS: Official maps which identify areas of direct wildland fire protection for each Party. Page I 1 of 16 03 Jan 11 USDA,Forest Service OMB 0596-0217 FS-1500-7 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. 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 03 Jan 11 �! USDA,Forest Service OMB 0596-0217 FS-1500-7 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 pilot[s]) as specified in the Operating Plan for specific pre-planned initial attack response areas and provided at no cost to the Protecting Party for the first specified hours from the time of initial report. Mutual Aid is limited to those Initial Attack resources or move-up and cover assignments that have been determined to be appropriate in the annual Operating Plans. Aircraft (fixed and rotary-winged, including pilot[s]) shall always be Assistance by Hire,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 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 located. Page 13 of 16 03 Jan 11 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. Page 14 of 16 03 Jan 11 USDA,Forest Service OMB 0596-0217 FS-1500-7 COOPERATIVE 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, 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 pay or 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. PALM SPRINGS CITY FIRE DEPARTMENT is responsible for annually certifying and maintaining the qualifications of their Supplemental Fire Department Resources. PALM SPRINGS 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 PALM SPRINGS CITY FIRE DEPARTMENT employees and the Page 15 of 16 03 Jan 11 USDA,Forest service OMB 0596-0217 FS-1500-7 PALM SPRINGS 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 http://www.oi)m.2ov, 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 PALM SPRINGS 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 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 used to support Supplemental Fire Department Resources shall be at the current Federal Travel Regulation rate. Page 16 of 16 03 Jan 11 t FS Agreement No. 07-FI-11051200-042 Cooperator Agreement No. 015 Exhibit B 2011 ANNUAL OPERATING PLAN FOR COOPERATIVE FIRE PROTECTION AGREEMENT Between PALM SPRINGS 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 I. area maps for all Parties,rates for use of department equipment and personnel,lists of principal k t: 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. t f MUTUAL AID RESPONSE PROCEDURES I Mutual aid is the initial attack response by both Department and Forest Service suppression tt 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 fhe 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 wifdland fires on National Forest administered lands, and on adjacent or intermingled State and private forested lands as identified through written agreement SEE DIRECT PROTECTION MAP DATED AUGUST 2008 SBNF-SOUTH Page 1 of 14 03 Jan 11 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. SEE DIRECT PROTECTION MAP DATED AUGUST 2008 SBNF-SOUTH OFFSET OF SUPPRESSION COSTS The FOREST SERVICE DPA (Santa Rosa and San Jacinto Mountains National Monument) includes lands annexed by the City of Palm Springs. These lands are undeveloped, inaccessible and therefore difficult to differentiate for cost share purposes. Therefore,it is mutually agreed that the FOREST SERVICE will provide wildland fire suppression on Palm Springs City lands inside the National Monument. In consideration of the above, the DEPARTMENT agrees to initial attack wildland fires along the eastern border of the National Monument where that border coincides with the western border of the City of Palm Springs including Mutual Threat Zones as articulated on the most current DPA map. This mutual agreement will be considered offsetting suppression costs. 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. Page 2 of 14 03 Jan 11 SINGLE POINT RESOURCE ORDERING Any and all requests for emergency assistance and incident support on cross boundary incidents must be clear and precise and shall be processed and recorded through a single dispatching center identified by the Incident Commanders of both Parties(Unified Command) and supported by order and request numbers. COMMUNICATIONS AND FREQUENCY MANAGEMENT The Parties agree to utilize the frequencies assigned by the Emergency Command Centers for the management of an incident. This includes the assigned Command and Tactical Frequencies. In the case where the Parties' administrative frequencies have not been assigned for those proposes, 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 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 FREOUENCITS The Department agrees to authorize use by the Forest Service of the following frequencies: Command Nets: 154.335 Tx 154.33S Rx Command Tactical Nets: 154.310 Tx 154.310 Rx Tac 1 155.895 Tx 155.895 Rx Tac 2 These frequencies will be used for fire/emergency only within or adjacent to the Deportment'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 j 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 3 170.0000 Tx 170.0000 Rx FS Air to Ground Page 3 of 14 03 Jan 11 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 PALM SPRINGS FIRE DEPARTMENT Name Radio Work Mobile Pager HEADQUARTERS OFFICE 760.323.8181 300 N. El Cielo Road i Palm Springs Cs. 92262 RVC Pg 786 J1 i Scott Ventrua Chief 4400 760.323.8188 760.217.6234 Sang Pao Wang Div.4401 760.323.8187 760.217.9847 Mark Avner Batt.4430 760.323.8183 760.217.6233 Jon Merriam Batt.4440 760.323.8183 760.217.6 331 I James Webb Batt.4420 760.323.8183 760.217.8541 1 Page 4 of 14 03 Jan 11 FOREST SERVICE DUTY OFFICER CONTACTS SAN BERNARDINO NATIONAL FOREST tmEWOF FIRE and AVIATION 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 Kurt Winchester Chief 1 Chief 909.382.2629 909.693.9818 Rocky Opli er Chief 2 Deputy Chief 909.382.2630 951.315.5119 Randy 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 I Mike Eaton Division 7 Air Ops MEIr 909.382.2994 Leslie Crenshaw Battalion 7 Air Service Mgr 909.382.2989 Tom Sensintaffar Division 6 FICC Center M r 909.382.2749 951.316,4555 Dan Snow Safety 1 Safety/Haz Mat Officer 909.382.2633 951.313.5453 I Mountain Top West(Sky Forest 909.3e2.275e 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 Page 5 of 14 03 Jan 11 Front Country West(Lytle Creek 909.3822850 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 Bo ens Battalion 32 Protection Battalion 909.382.2893 909.314.6950 Scott Wagner Battalion 33 East Battalion 909.382.2892 951.315.5853 Ken Kem ter 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 Es inoza Battalion 54 Fuels Battalion 909.659.3924 1909.573.3758 FOREST SERVICE LINE OFFICER CONTACT Forest Service Line Officers Name I 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 Tangenberg Ran er 1 District Ranger 909.382.2728 -909.486.1724 - Gabe Garcia Ranger 3 District Ranger 909.382.2850 951.315.5850 Laurie Rosenthal Ran er 5 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. Page 6 of 14 03 Jan 11 THE USE OF TRAINEE S 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. PAYMENT OF STRUCTURE PROTECTION For wildfires within the Department's or Forest Service's DPA,the financial responsibility for the protection and suppression of structures remains with the Party who has statutory responsibility for stricture suppression and protection. For incidents involving both Department and Forest Service DPAs the cost share agreement should reflect the Department's structure protection/suppression responsibilities and financial obligation within its jurisdiction. In situations when the Department orders additional resources and initiates additional actions beyond the level deemed necessary by the unified command, the Department is responsible for the costs. 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) wilt 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 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. Page 7 of 14 03 Jan 11 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 pay or 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. 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. 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. Federal Excess Property Proaram(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 prograrns. 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 Page 9 of 14 03 Jan 11 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("ATGS")will be itemized separately. ATGS 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-1 H 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. 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 Name: USDA Forest Service Name:Palm Springs City Fire Department San Bernardino National Forest Address:300 N El Cielo Road Address: 602 S.Tippecanoe Ave. City, State,Zip:Palm Springs,CA 92262 City,State,Zip: San Bernardino,CA 92408- Telephone: 760-323-8181 2607 FAX:760-778-8430 Attn:Rocky Opliger Email: Scott.Ventura@palnvspringsca.gov Telephone:909-382-2630 FAX:909-383-5770 Email: ropli er@fs fed.as Page 9 of 14 03 Jan 11 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 Song duration. It is agreed that duration of assignments is dictated by each Party's policy. Extension of assignments beyond the Supporting Party's policy may be requested. It is the responsibility of the Protecting Party to request relief personnel in advance of the Supporting Party's policy time limit. The Protecting Party is further responsible for the transportation costs of moving personnel to the fire and returning those relieved personnel back to their home stations. In all cases, the Department and Forest Service agree that their Incident Commanders will release suppression resources to their primary mission responsibilities as soon as priorities allow. The National Wildfire Coordinating Group (NWCG)has established guidelines for the length of assignments for resources and personnel who accept out of state assignments. Personnel who accept assignments out of the state are expected to adhere to the guidelines identified by NWCG. For incidents within the state,there is a required 7 day minimum commitment. Both Parties agree to honor the minimum length of assignments guidelines. I 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. Page 10 of 14 03 Jan 11 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. 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 DPAs 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 bums and facility/compound maintenance. Any shared cost or reimbursement will be governed Page 11 of 14 031an 11 I 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. 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/map-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 14 03 Jan 11 i APPROVAL: IN WITNESS WHEREOF, the Parties have executed this Annual Operating Plan as of the last date written below: I TT VENTURA, Fire Chief Date Palm Springs City Fire Department V2rest U ,Y�ON, Forest Supervisor Dale ervice,San Bernardino National Forest The authority and fat-mat of this instrument have been reviewed and approved for signature. BONNIE HAR ate U.S. Forest Service Grants & Agreements Specialist Page 13 of 14 03 Jan 11 ANNUAL REVIEW: IN WITNESS WHEREOF, the Parties have completed the annual review of this AOP on the date written below: [SCOTT VENTURA,Fire Chief Date m Springs City Fire Department JODY NOIRON, Forest Supervisor Date U.S. Forest Service, San Bernardino National Forest i i Page 14 of 14 03 Jan 11 "d r FS Agreement No.07-FI-11051200-042 FD Agreement No. 015 FD Tax ID No. 95-6000757 F,xbibit B 02% 2008 ANNUAL OPERATING PLAN FOR COOPERATIVE FIRE PROTECTION AGREEMENT Between SAN BERNARDINO NATIONAL FOREST and PALM SPRINGS CITY FIRE DEPARTMENT ANNUAL OPERATING PLAN The PARTIES will meet annually, prior to the initiation of fire season to prepare an Annual Operating Plan (AOP). This AOP will include protection area maps for all PARTIES, current rates for use of department equipment and personnel, lists of principal personnel, dispatching procedures, and any otber items identified in this Agreement as necessary for efficient implementation. This AOP shall become attached to and be a part of the Agreement. MUTUAL AID RESPONSE PROCEDURES Mutual aid is the initial attack response by both DEPARTMENT and FOREST SERVICE suppression resources that are identified in each PARTY'S Emergency Command Center's run cards or computerized automated dispatch system (CAD). The Protecting PARTY will not be required to reimburse the Supporting PARTY for initial attack actions taking place in these areas within the first 12 hours (as identified in the Agreement) following initial dispatch of suppression resources_ All assistance beyond this "Mutual Aid" period will be assistance by hire and will be billed retroactively for the full period from the time of initial dispatch. Aircraft(fixed and rotary-winged) including pilot(s) shall always be Assistance by Hire. DESCRIPTION OF FOREST SERVICE DIRECT PROTECTION AREA (DPA) Wildland fire suppression within the congressional boundary of the San Bernardino National Forest and the Santa Rosa and San Jacinto Mountains National Monument(National Monument) north of SH 74, DESCRIPTION OF DEPARTMENT DIRECT PROTECTION AREA (DPA) Fire suppression and EMS protection within the City of Palm Springs. OFFSET OF SUPPRESSION COSTS The FOREST SERVICE DPA (Santa Rosa and San Jacinto Mountains National Monument) includes lands annexed by the City of Palm Springs_ These lands are undeveloped, inaccessible and therefore difficult to differentiate for cost share purposes. FS Agreement No.07-FI-11051200-042 FD Agreement No.015 FD Tax ID No. 95-6000757 Therefore, it is mutually agreed that the FOREST SERVICE will provide wildland fire suppression on Palm Springs City lands inside the National Monument. In consideration of the above, the DEPARTMENT agrees to initial attack wildland fires along the eastern border of the National Monument where that border coincides with the western border of the City of Palm Springs including Chino Canyon Road. This mutual agreement will be considered offsetting suppression costs. 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 ITire will apply tmless 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- 2 FS Agreement No.07-F1-11051200-042 FD Agreement No.015 FD Tax ID No.95-6000757 CONTMUNICATIONS .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 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 "wallcie-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: Command Nets: 154.335 Tx 154.305 Rx Name: Command Tactical Nets: 154.310 Tx 154.310 Rx Name: Tac 1 155.895 Tx 155.895 Rx Name: Tac I These frequencies will be used for Ixre/erergency 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: 169.875 Tx 171.475 Rx Name; Forest Net Tactical Nets: 168.050 Tx 168.050 Rx Name: Tac 1 168.200 Tx 168?00 Rx Name: Tac 1 168.600 Tx 168.600 Rx Name: Tac I These frequencies will be used for fire/emergency only within or adjacent to the FOREST SERVICE'S responsibility area. 3 J- FS Agreement No. 07-FI-11051200-042 FD Agreement No.015 FD Tax ID No. 95-6000757 OPERATIONAL & DUTY OFFICER CONTACTS DEPARTMENT DUTY OFFICER CONTACT PALM SPRINGS FIRE DEPARTMENT Name I Radio Work Mobile Pager HEADQUARTERS OFFICE 760.323.8181 300 N. El Cielo Road' Palm Springs Cs. 92262 RVC Pq 786 J1 Chief Blake Goetz 4400 760.323.8188 760.217.6230 Scoff Ventrua Div.4401 760.323.8187 760.217.6234 Mark Avner Batt.4430 760.323.8183 760.217.6233 Austin Smith Batt.4440 760.323.8183 760.217.6231 Sang Pao Wang Batt.4420 760.323.8183 760.217.9847 FOREST SERVICE DUTY OFFICER CONTACTS SAN BERNARDINO NATIONAL FOREST S FIRE and AVIATION MANAGEMENT Supervisor's Office Fire Staff 909.382.2600 San Bernardino ATB 909.382.2989 Emergency FICC Dispatch 909.383.5654 909.383.5651 Name Position Work Mobile Mike Dietrich Chief 1 Chief 909.382.2629 091,228,5241 Rocky O li er Chief 2 Deputy Chief 909.382.2630 951.315.5119 Dan Snow Chief 3 Asst Chief Protection 909,382.2633 951.313.5453 Vacant Division 9 Fire Planner/Admin 909.382.2632 951.317.9483 Dan Felix Division 10 Fuels Specialist 909.382.2689 951.314.1427 Tom Incensio Division 7 Air O s Mgr 909.382.2989 951.560.5001 Vacant Battalion 7 Air Service Mgr 909.382.2989 Tom Sensintaffar Division 6 FICC Center Mgr 909.382.2749 951.316.4555 Vacant Safety 1 Safety/Haz Mat Officer 909.382.2631 4 FS Agreement No.07-FI-11051200-042 FD Agreement No. 015 FD Tax ID No.95-6000757 Mountain Top West(Sky Forest -Division Office 909.382.2758 East(Fawnskin Office) 909.382.2790 Randy Clauson Division 1 Division Chief 909.382.2803 951.315.5855 Rene McCormick Battalion 11 West Battalion 909.382.2769 951.315.5845 Be Ashe Battalion 12 Protection Battalion 909.382.2802 909.754.1428 Steve Seltzner Battalion 13 East Battalion 909.382.2809 909.573,5217 Dave Kelly Battalion 14 Fuels Battalion 909.844.4128 Front Country West(Lytle Creek .Division Office 909.382,2850 East(Mill Creek Office 909.382.2881 Mike Wakoski Division 3 Division Chief 909.382.2877 951.236.1925 Randy Unkovich Battalion 31 West Battalion 909.382.2879 951.315.5854 Mary Bo ans Battalion 32 Protection Battalion 909.382.2893 909.236A925 Scott Wagner Battalion 33 East Battalion 909.382.2892 951.315.5853 Ken Kem ter Battalion 34 Fuels Battalion 909.382.2878 909.224.4315 San Jacinto Division id //wild Office 909.382.2922 Dave Fiorella Division 5 Division Chief 909.382.2943 951.236.2198 Greg Ross Battalion 51 Suppression Battalion 909.659.3924 909.615.9710 Richard Gearhart Battalion 52 Protection Battalion 909.659.5130 951.315.5 156 Chris Fo le Battalion 54 Fuels Battalion 909.659.3926 909.238.2107 Vacant I Battalion 55 1 Fuels Battalion FOREST SERVICE LINE OFFICER CONTACT Name Position Work Mobile Jeanne Wade Evans Forest Supervisor 909.382.2600 951.316.4560 Tom Gillett Deputy Forest Supervisor 909.332.2603 951.505.4719 Kurt Winchester Ran er i District Ranger 909.382.2758 951.313-6049 Gabe Garcia Ranger 3 District Ranger 909.382.2850 951.315.5860 Laurie Rosenthal Ranger 5 District Ranger 909.382.2922 951.228.9079 5 f FS Agreement No.07-F1-11051200-042 FD Agreement No. 015 FD Tax ID No.95-60007.57 CS QUALIFIED LIST AND IMT PERSONNEL IMT MEMBERS QUALIFIED FIRE OVERHEAD DC Scott Ventura STL BC Mark Avner STL (T) BC Sang Pao Wang STL(T) 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_ In these cases, unless otherwise agreed to by the hosting unit or Incident Commander, the cost of the trainee will be the responsibility of the sending unit. PAYMENT OF STRUCTURE PROTECTION For wildfires within the DEPARTMENT'S or FOREST SERVICE'S DPA,the financial responsibility for the protection and suppression o1'structures remains with the Party who has statutory responsibility for structure suppression and protection. For incidents involving both DEPARTMENT and FOREST SERVICE DPAs the cost share agreement should reflect the DEPARTMENT'S structure protection/suppression responsibilities and financial obligation within its jurisdiction. In situations when the DEPARTMENT orders additional resources and initiates additional actions beyond the level deemed necessary by the unified command, the DEPARTMENT is responsible for the costs. RATES FOR FEDERAL EXCESS PERSONAL PROPERTY PROGRAM-FEPP Under the FEPP program, FEPP rates apply when federal property is loaned to the State Forester, who may place it with local fire departments to improve local fire programs. If this loaned federal property is used on a FOREST SERVICE incident, the DEPARTMENT will only charge 6 FS Agreement No. 07-FI-11051200-042 FD Agreement No.015 FD Tax 1D No.95-6000757 the FOREST SERVICE for operating costs that include maintenance, fuel, and oil. Charges may not include amortization, depreciation, replacement costs, modification, start-up costs, or related charges. CITY—COUNTY FIRE DEPARTMENT REIMBURSEMENT RATES AND METHODOLOGY The DEPARTMENT and FOREST SERVICE acknowledge the special legal requirements of each PARTY to provide backfill coverage (to respond to subsequent emergencies) that becomes necessary as a result of the execution of this Agreement. To that end, the reimbursement rates established are designed in a generic way to provide for any such backfill need. As such, accounting for backfill in the billing submission is not necessary and should not occur. The DEPARTMENT will prepare a FSLA-5 (Record of Activities). The PSLA-5 and supporting documentation is the basis for reimbursement and invoice preparation. This form is provided by the FOREST SERVICE and is attached as Exhibit C to this agreement. The form FSLA-5 must be signed by a responsible officer of the DEPARTMENT and by the FOREST SERVICE Incident Commander or Finance Chief and attached to the invoice. Invoices must identify Supporting PARTY name, address, and Taxpayer Identification Number, fire name, order and request number, and bill number and amount. Invoice supporting documentation must include description of services performed, period of services performed, and description of any applicable cost share agreements. Supporting documentation will itemize details of billing, listing personnel, equipment, travel and per diem, aircraft, supplies and purchases as approved in the attached AOP. It will also include itemized deductions for fuel, oil, maintenance and repair of equipment. OES F-42 (Emergency Activity Record) will not be used. DEPARTMENT REIMBURSEMENT RATES Reimbursement rates for personnel, apparatus and equipment will be developed and submitted to the FOREST SERVICE for approval by May I st each year. The rates will be documented annually in the AOP. The rates agreed to herein will be used for all FOREST SERVICE billings, providing consistent charges for services. The basis for reimbursement will be Assistance by Hire. Assistance by Hire rates and reimbursements will be based on the following guidelines: 1. PERSONNEL: a. 56-hour Personnel In accordance with the definition and description of Assistance by Hire, costs incurred by DEPARTMENT in sending resources in response to requests from the FOREST SERVICE for assistance with 56-hour personnel is Overtime (time and one-half)with Benefits, Portal-to-Portal (from the time of dispatch until the time of return). DEPARTMENT shall develop rates equivalent to Overtime with Benefits by rank for all 56-hour personnel, to be included herein. These rates will be utilized in calculating the reimbursable cost to be billed to the FOREST SERVICE. 7 ' r FS Agreement No.07-Fi-11051200-042 FD Agreement No.015 FD Tax ID No. 95-6000757 b. 40-hour Personnel In accordance with the definition and description of Assistance by Hire, costs incurred by DEPARTMENT in sending resources in response to requests from the FOREST SERVICE for assistance with 40-hour personnel is a combination of Straight-time with Benefits,plus Overtime (time and one-half) with Benefits, Portal-to-Portal. Assistance by Igire rates for 40-hour Personnel will be developed, agreed to in advance, and published annually herein, based on the weighted average of Straight-time with Benefits (23.8%) and Overtime (time and one-half) with Benefits (76.2%) by rank. c. Management Personnel Reimbursement by the FOREST SERVICE 1'or DEPARTMENT Management Personnel will be based on Straight time with Benefits, for hours worked. As Management, these personnel are not eligible for Overtime at time-and-one-half base salary, but do continue to earn "Overtime" at the rate of Straight-time with Benefits ("overtime"benefit rates apply for hours in excess of normal work schedule). Assistance by Hire rates for DEPARTMENT Management Personnel shall be developed, agreed to in advance, and published annually herein. d. Organized Emergency Crews Organized Emergency Crew resources may include Type 1 and 2 Crews, Fuels Crews (Modules), and flight crews. Crews are billed at a rate equivalent to hours worked times established hourly Salary plus benefits, Overtime with Benefits, and Hazard Pay where applicable. Assistance by Hire Rates for these crews will be developed, agreed to in advance, and published annually herein. e. FOREST SERVICE Personnel and Equipment Reimbursable FOREST SERVICE costs will include all actual costs associated with the direct fire operations and incident support ordered by or for the incident (except as otherwise described as reciprocal initial attack as identified in herein, and independent action situations. The DEPARTMENT will be billed for support to incidents that are the jurisdictional responsibility of the DEPARTMENT. 2. APPARATUS AND SUPPORT EQUIPMENT: a. FEDERAL EXCESS PROPERTY PROGRAM (FEPP) 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. b. GROUND RESOURCES Use rates for all DEPARTMENT and FOREST SERVICE -owned motorized ground equipment provided as Assistance by Hire shall be paid at the rate established by each PARTY for its 8 FS Agreement No.07-FI-11051200-042 FD Agreement No. 015 FD Tax ID No.95-6000757 equipment. These rates will be updated annually, agreed to in advance, and published herein. Rates for motorized equipment will include motor fuels and lubricant costs. Charges for motor fuels and lubricant costs supplied by the Protecting PARTY will be deducted by the Supporting PARTY in their submitted invoice (bill). c_ EMERGENCY EQUIPMENT RENTAL AGREEMENT(EERA) The DEPARTMENT and FOREST SERVICE agree to jointly use Emergency Equipment Rental Agreements ("EERA") and Interagency EERA rates for privately owned equipment hired for fires. Instruction for administering these agreements has been provided in the California Interagency Emergency Equipment Rental Rate Packages submitted to each PARTY,S operational and administrative units for payment processing. d. AIRCRAFT Flight and Stand-by rates for Aircraft will be developed, agreed to in advance, and published annually herein, utilizing the rates and/or methodology utilized by the California Department of Forestry and Fire Protection(CDF). 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 ("ATGS") will be itemized separately. ATGS Stand-by rates will be determined based on personnel costs. 2. HELICOPTER Reimbursement will be based on CDF Type 2 helicopter rate (same CDF UH-1 H Super- Huey specification and cost basis) which includes pilot costs. Helitack crew with Helitender, Fuel Truck and chase vehicle (e.g. I-Ton Pickup) will be itemized separately. Flight Crew and Crew Carrying Vehicle (CCV) will also be itemized separately. e. SUPPORT EQUIPMENT Use rates for all DEPARTMENT and FOREST SERVICE-owned support equipment provided as Assistance by Hire shall be paid at the rate established by each PARTY for its equipment. Support equipment and rates will be updated annually, agreed to in advance, and published herein. Personnel assigned to support equipment will be itemized separately. EQUIPMENT & FIRE,FIGHTER PAY RATES AND CLASSIFICATION 2008 9 FS Agreement No. 07-FI-I1051200-042 FD Agreement No. 015 FA Tax ID No.95-6000757 PUBLISHED DEPARTMENT PERSONNEL RATES: Firefighter: $39.82 per hour Apparatus Engineer: $46.78 per hour Engine Captain_ $58.23 per hour Battalion Chief: $69.09 per hour Division Chief: $115.00 per hour Chief: $83.42 per hour(no overtime) ENGINES Minimum FIRESCOPE Standards for Types ICS 420-1 COMPONENTS _1_ 2 3 4 Pump Capacity (GPM) 1000 500 120 50 Tank Capacity (Gallons 400 400 300 200 Hose 2 1/2" Feet 1200 1000 N/A N/A Hose 1 1/2" Feet 400 500 1000 300 Hose 1: Feet 200 300 800 800 Ladder feet 20 20 N/A N/A HEAVY STREAM (GPM) 500 N/A N/A N/A PERSONNEL (Muvtnutn Niunber) Includes: 1 Captain, 1 Apparatus 4 3 3 3 Engineer, and Firefi titers EQUIPMENT RATE PER HOUR $77.00 $ $ $53.00 (Personnel NOT included FEDERAL PROPERTY RATE PER $ $ $ $ HOUR (Personnel NOT Included) Staffing above Minimum Number: A maximum staffing of four (4)personnel per Type I Engine Company and a maximum staffing of five (5)personnel per Type 3 Engine Company will be reimbursed per this agreement. A maximum staffing of three (3) personnel per Type 2 and 4 Engine Company will be reimbursed per this agreement. 10 FS Agreement No. 07-FI-11051200-042 FD Agreement No.015 FD Tax ID No. 95-6000757 SUPPORT EQUIPMENT RATES Government Owned 'Vehicles Sedan S45.00 per day Pickup $56.00 per day Van $64.00 per day SUV $80.00 per day Other S80.00 per day (3/4 Ton & above) POV $ .51 per mile OTHER RESOURCES NOT LISTED ADMINISTRATIVE RATE Either PARTY may assess an administrative rate to reimbursable costs related to this agreement. The accepted methodology for computing the administrative rate is the Office of Management and Budget's "Cost Principles for State, Local and Indian Tribal Governments" OMB circular A- 87 (60 FR 26484, dated May 17th, 1995). The DEPARTMENT will submit a draft administrative rate to the FOREST SERVICE for approval. This DEPARTMENT rate during the effective date of this AOP will be: 20.81% The FOREST SERVICE will access an administrative rate to reimbursable costs related to this agreement. This administrative rate during the effective date of this AOP will be: 8.0% ITEMS NOT REIMBURSABLE The following items are not reimbursable in the execution of this Agreement and are considered standard personal support supply/equipment. • Incident position support kits • Calculators • Computers • Printers • GPS units • Cell phones and cell phone charges • Personal telephone charges • Support items normally available in Supply Unit, e.g. tents, sleeping bags, pads, water coolers, etc. 11 k FS Agreement No.07-FI-11051200-042 FD Agreement No.015 FD Tax ID No. 95-6000757 DURATION OF ASSIGNMENTS Consideration must be given to the health and safety of personnel when assigned to tires 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 limit. The Protecting PARTY is further responsible for the transportation costs of moving personnel to the lire 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 tenns 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. 12 FS Agreement No.07-Fi-11051200-042 FD Agreement No. 015 FD Tax 1D No. 95-6000757 SMOKEY BEAR PROGRAM The PARTIES will cooperate in the delivery of Stookey Bear programs. LOCAL EDUCATION PROGRAMS The PARTIES agree to cooperatively conduct local school and other fire prevention education programs. FIRE PREVENTION SIGNS Coordination and placement of fire prevention signs should be coordinated by both PARTIES in order to prevent duplication of effort and sending mixed messages. This is especially important for fire danger rating signs. LOCAL EVENTS The PARTIES agree to cooperatively conduct fire prevention programs at local community events- NON-FIRE PROJECT USE OF RESOURCES Each of the PARTIES agrees to provide resources and support as requested, to the best of their abilities, for non-tire projects. Such use of personnel and resources maybe at no cost or maybe assistance by hire unless otherwise agreed to in an attachment herein. SUPPRESSION AND DAMAGE COLLECTION The DEPARTMENT and the FOREST SERVICE reserve the right to pursue independent and separate courses 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 net expenditures of either PARTY to accomplish services provide for in this agreement, then such collections may be reported and shared proportionately, after deducting the cost of collection- RE,PAIR 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. Attached maps (see Exhibit D): 13 FS Agreement No.07-Fi-I1051200-042 FD Agreement No.015 FD Tax ID No. 95-6000757 POSSESSION OF AGREEMENT AND AOP ON INCIDENTS On incidents, the Supporting PARTY shall furnish the Protecting PARTY, upon demand, a signed copy of the Agreement and current AOP. APPROVAL: IN WITNESS WHEREOF, the PARTIES have executed this Annual Operating Plan as of the last date written below: rcFOREST SUPE ISOR CITY MANAGER arme Wade Evans David H. Ready Esq., Ph.D. ��z? I1 Date Date FIRE C IIEF Blake Goetz 8 z� Date 14 Activity Record (FSLA-5) Forest Service, Region 5 Local Cooperative Fire Agreement Attached is a copy of the new FSLA-5, dated 0512008, which replaces the previous j version dated 07/03. This new form will be used effective 2008 fire season for all i, resources ordered by the U.S, Forest Service, Region 5, under a local cooperative fire agreement. Specific changes that were made on the form are described below. The changes are necessary in order to capture and report accurate information about the resources, including the hours spent traveling to and from the incident. Properly completed form will allow the Albuquerque Service Center (ASC) to expedite the processing of reimbursement of costs incurred by the local fire departments. Summary of Changes: • Changed form title from "Local Agreement' to "Local Cooperative Fire Agreement • Added the following blocks: o Date and Time Departed (actual date and time departed from home dcpartment/unit) ■ This information will support the number of reimbursable hours claimed for die first day on the incident o Return Date and Time (estimated time of arrival back to home department/unit) ■ This information will support the number of reimbursable hours claimed for the last day on the incident o On the Dispatch Information block, added the Following: • Incident Number • P-Code (accounting job code assigned to the incident; Finance Section will supply this code) • Reporting Date/Time • This information will be used to calculate the number of reimbursable hours claimed on the first day • Changed "Total Hours Worked (On Shift) column to read "Total Hours to be Reimbursed" (a separate entry to show the total hours for the first day and the last day will be entered in this column) • Provided the correct phone number to contact in Region 5 for questions about the form. (Note: If necessary, the Finance Section on the Incident Management Team will provide assistance in completing the form on the incident). • "Form Distribution' Block: Added a note "(Attach to Dept Invoice/bill)" under the original copy of the form distribution 1 Y ACTIVITY RECORD FOREST SERVICE, REGION 5 LOCAL COOPERATIVE FIRE AGREEMENT AGREEMENT NO: DEPARTMENT: pate 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 Names) ICS Position Total Hours to be Number reimbursed APPARATUS/EQUIPMENT/VEHICLE INFORMATION Type of Vehicle Total Mileage Vehicle Catego Information Apparatus Apparatus or Or Oates of Services Engine water Tender Strike Team# Vehicle# sedan X4 4 oar, POVor Operating Dozer, Crew or Other PLl 2x4 4x4 Rental Company Hours Signature of Authorizing Officer For Department: Date Signed: - Questions concerning completion of this form contact: USDA•FS, Region 5 FAM Staff Incident Administration, Phone: (707)562-8829 Form Distribution: Original: Local Government Agency K'"I I tic (Attach to Dept invoice/bill) - - - Copy: Incident Management Team I>uc Finance Section XFSLA-5105,213138) FS Agreement No.07-FI-11051200-042 FD Agreement No.015 COOPERATIVE FIRE PROTECTION AGREEMENT BETWEEN SAN BERNARDINO NATIONAL FOREST AND PALM SPRINGS CITY FIRE DEPARTMENT THIS COOPERATIVE FIRE PROTECTION AGREEMENT is made and entered into by and between the USDA Forest Service, San Bernardino National Forest, hereinafter referred to as the FOREST SERVICE, and the Palm Springs City Fire Department, hereinafter referred to as the DEPARTMENT and jointly referred to as PARTIES under the authority and provisions of the Reciprocal Fire Protection Act of May 27, 1955 (42 USC 1856), the Stafford Act, Public Law 93-288 as amended (42 USC 5121 et. seq_), the Granger-fhye Act of April 24, 1950 (16 USC 572), and the Cooperative Funds and Deposits Act of Dec 12, 1975 (16 USC 565a1-3). I. PURPOSE The purpose of this Agreement is to provide for cooperation in the prevention, detection and suppression of wildland fires within the protection areas of PARTIES signatory to this Agreement. This Agreement describes the conditions in which "mutual aid" periods are established to provide resources to each other on a non-reimbursable basis. This Agreement also describes the conditions of "Assistance by Hire" on a reimbursable basis. It is also meant to provide overhead personnel for Federal Incident Management Teams and miscellaneous overhead resources. The Agreement also provides for cooperation in fuels treatments and prescribed burning within the protection areas of the PARTIES signatory to this Agreement. 11. STATFMFNT OF MUTUAL BENEFITS AND INTERESTS The FOREST SERVICE and DEPARTMENT have responsibilities for prevention and suppression on lands administered by each agency, on private lands, and on other lands for which both parties have assumed fire management responsibilities through authorized agreements. As both PARTIES maintain prevention, detection and suppression forces to protect areas each is responsible for, it is mutually advantageous and in the public interest for the parties to this Agreement to coordinate and assist in each other's efforts in prevention, detection, and suppression of wildland fires in and adjacent to their areas of responsibility. It is also mutually advantageous for both PARTIES to provide support and participate in non-fire emergencies of national scope. 111. DEFINITIONS See Exhibit A. FS Agreement No.07-FI-11051200-042 FD Agreement No.015 IV. GENERAL PROVISIONS 1, ANNUAL OPERATING PLANS The PARTIES will meet annually, prior to the initiation of fire season, to prepare an Annual Operating Plan (AOP). This AOP will include protection area maps for all parties, current rates for use of department equipment and personnel, lists of principal personnel, dispatching procedures, and any other items identified in this Agreement as necessary for efficient implementation. This AOP shall become attached to and made a part of this Agreement. 2. RECIPROCAL FIRE PROTECTION (MUTUAL AID) As deemed appropriate, the PARTIES will establish reciprocal initial attack areas for lands of intermingled or adjoining protection responsibilities. Within such areas a Supporting PARTY will, upon request or voluntarily, take initial attack action in support of the Protecting PARTY. The Protecting PARTY will not be required to reimburse the Supporting PARTY for initial attack actions taking place in these areas within the first 12 hours following initial dispatch of suppression resources. All assistance beyond this mutual aid period will be Assistance by Hire and will be billed retroactively for the full period from the time of initial dispatch. Reciprocal initial attack will follow the guidelines specified in the attached AOP. 3. ASSISTANCE BY IIIRE Assistance by Hue is the provision of fire suppression resources, by one PARTY to another, on a reimbursement basis. All requests to hire fire protection assistance must be clear and precise and shall be processed and recorded through the dispatching systems of the PARTIES. Requests not processed in this manner will not be reimbursable. Personnel, equipment, supplies or services provided by the Supporting PARTY and essential to filling the resource order, which are necessary and reasonable, shall be considered as reimbursable as Assistance by Hire. The DEPARTMENT may provide out-of-state assistance to the FOREST SERVICE when requested. Such assistance will be Assistance-by-Hire unless otherwise specified as mutual aid in the AOP pursuant to this agreement. Except for Mutual Aid, all requests for fire suppression assistance in either PARTY's DPA shall be Assistance by Hire. Any other resources provided by a supporting PARTY, and not specifically ordered by the protecting PARTY, shall be considered a voluntary contribution. 4. INDEPENDENT ACTION Except as otherwise described in the AOP, any party on its own initiative and without reimbursement may go upon lands protected by the other PARTY to suppress wildfires, if the fire is a threat to property within that PARTY'S protection responsibility. In such instances, the PARTY taking action will promptly notify the protecting PARTY. If either PARTY takes action on a fire independently, the Supporting PARTY will furnish the Protecting PARTY a preliminary report (oral) within 24 hours of the action taken and a written incident report with 10 days. 5. CLOSEST FORCES The PARTIES agree to aggressively pursue initial attack plans that utilize "Closest Forces" wherever appropriate, and to identify preplanned initial attack areas 2 FS Agreement No.07-FI-11051200-042 FD Agreement No.015 within their respective jurisdictions. This philosophy dictates that the closest available resources, regardless of ownership, shall be utilized initially. The emphasis to get the closest resources to respond to initial attack fires is in the best interest of all PARTIES. 6, NOTIFICATIONS Each PARTY will promptly notify the Protecting PARTY of fires burning on or threatening lands for which that PARTY has protection responsibility. When taking action, the Supporting PARTY will, as soon as possible, notify the Protecting PARTY in accordance with the AOP; detailing what equipment and personnel have been dispatched to the incident location. 7. BOUNDARY LINE FIRES Boundary line fires will be the initial attack responsibility of the Protecting PARTIES on either side of the boundary. Neither PARTY will assume the other is aware of the fire, or is taking action. The officer-in-charge who arrives first at the fire will act as Incident Commander. When both PARTIES have arrived it will be mutually agreed to the designation of the Incident Cotnnander or the initiation of a Unified Command Structure. 8. 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 supercede the billing timelines identified in Clause 16. 9, COMMUNICATION SYSTEMS The PARTIES agree to share the use of communication systems, radios and radio frequencies for the execution of this Agreement. Sharing of frequencies must be approved only by authorized personnel For each PARTY and documented in the AOP. 10. FACILITIES,EQUIPMENT AND SUPPORT The PARTIES may procure, loan, lease, share or exchange facilities, equipment and support services. This may include, but is not limited to, such things as dispatch centers, training facilities, administrative offices, fire stations, air attack bases, lookouts, warehouses, vehicles, fire equipment, remote automated weather stations, lightning "detection" equipment and communications equipment. AOPs may outline conditions For specific situations. Whenever it has been mutually agreed, fees for such use, as might be found in special use permits or other similar documents, may be waived. Any operational costs required for such proposed use may be shared and reimbursed by the using PARTY. Any shared cost or reimbursements will be governed in accordance with the existing policy of each PARTY. 11. JOINT PROTECTS The PARTIES may jointly conduct appropriate mutual interest projects to maintain or improve the fire protection capability of the PARTIES. Such projects will be properly documented, with the objectives of each undertaking and the role each PARTY will play in accomplishing that objective fully explained. Anticipated cost and the amount of each PARTY'S share of the cost will be shown and itemized. 3 FS Agreement No.07-HI-11051200-042 FD Agreement No.015 12. REPLACEMENT OF FIRE SUPPLIES Replacement of PARTY-owned supplies that are lost, damaged, or expended may be re-supplied at the incident prior to demobilization and according to established procedures. 13. DETERMINATION OF CAUSE AND PRESERVATION OF EVIDENCE The PARTIES will attempt to protect the point of origin of the fire and evidence pertaining to the fire cause. On initial attack actions, the PARTY taking the action is responsible to gather and preserve evidence and information pertaining to the origin and cause of the fire. To the extent permitted by applicable County, State and Federal laws, the PARTIES will cooperate to jointly investigate wildland fires of mutual interest and provide the appropriate juzisdictional PARTY with investigation files relative to specific fires. 14. TRAINING The PARTIES will cooperate to insure that jointly provided training will produce safe and effective fire and aviation programs. The intent is to provide high quality training that will minimize training costs by sharing of resources, standardization of courses, improve firefighting efficiency and safety. Training also includes participation of fire team members at annual Incident Management Team meetings so members can maintain competency for their specific positions. Each PARTY will bear the cost of training for their respective employees unless specifically addressed in the AOP. 15. FIRE TRAINING CENTERS The PARTIES to this Agreement agree to reimburse (or bill) the other PARTY for fire training rendered at PARTY's training center(s). Billing and reimbursement procedures for this training will use the process identified at the respective fire training facility. Reimbursement and billing arrangements for the rent of either PARTY's training facilities is also considered part of this Agreement and billings will also be processed as identified by each training facility. 16. BILLING PROCEDURES The Supporting PARTY will bill the Protecting PARTY for costs incurred for assistance provided and identified as reimbursable. Reimbursable costs may also include transportation, salary, benefits, overtime, and per diem of DEPARTMENT personnel assigned to FOREST SERVICE Incident Management Teams and miscellaneous overhead assignments. Rates and conditions of use for the equipment and personnel will be mutually agreed to and documented in the AOP. The costs of"backfilling" employees of either PARTY into local home unit positions for persormel that have been mobilized to incidents are not reimbursable. PARTIES shall submit a bill within 90 days of the incident. PARTIES must use their own invoice for billing under this Agreement to avoid any confusion with other services that may have been ordered under other agreements(s). For the purpose of this Agreement, OES F-42 is not an acceptable support document. Invoices must identify Supporting PARTY name, address, and Taxpayer Identification Number (DEPARTMENT only), fire name, order and request number, and bill number and amount. Invoice supporting documentation must include description of services performed, period of services performed, and any applicable cost share agreements. Supporting documentation will itemize details of billing, 4 FS Agreement No.07-F1-11051200-042 FD Agreement No.015 listing personnel, equipment, travel and per diem, aircraft, supplies and purchases as approved in the attached AOP. It will also include itemized deductions for fuel, oil, maintenance and repair of equipment. DEPARTMENT invoices will include "Record of Activities" (FSLA-5) and FOREST SERVICE invoices will include transaction register. The applicable administrative rate may be applied to reimbursement billing utilizing Office of Management and Budget's, "Cost Principles for State, Local, and Indian Tribal Governments" OMB Circular A-87 (60 FR 26484, dated May 17th, 1995). Applicable administrative rates must be approved and identified in the attached AOP. Invoices for services tinder this agreement must be sent to: Albuquerque Service Center Budget and Finance Attn: Incident Support 101 "B" Sun Ave. NE Albuquerque, NM 87109 Address of Fire Department: Palm Springs City Fire Department City of Palm Springs 300 N. El Cielo Road Palm Springs, CA 92262 All bills will have a payment due date 30 days upon receipt by the FIRE DEPARTMENT or FOREST SERVICE. Contested Billings: Written notice that a bill is contested will be mailed to the PARTY within 60 days of receipt of the invoice and will fully explain the contested items. Contested items will be resolved no later than 60 days following receipt of the written notice. PARTIES are responsible for facilitating resolution of contested billings. 17, FIRE PREVENTION PARTIES agree to share responsibilities and materials for fire prevention activities. Materials may include posters for display in public buildings, businesses and the like. PARTIES will share responsibility for fire prevention and rural fire safety presentations and demonstrations. 18, FIRE RESTRICTIONS AND CLOSURES PARTIES will coordinate declarations, such as fire season, fire restrictions and closures, within each PARTY'S policy and procedures. 19. PRESCRIBED FIRE AND FUELS MANAGEMENT This AGREEMENT is meant to cover the cooperation and use of resources for the purposes of Prescribed Fire and Fuels Treatments. The PARTIES may cooperate in the development and implementation of Prescribed Fire plans. Mutually beneficial projects may be at no cost or Assistance by Hire where appropriate. In the 5 FS Agreement No.07-F1-11051200-042 FD Agreement No.015 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 bum as identified in the Rx Bum Plan. Each PARTY will keep the other PARTY informed of all Prescribed Fire operations. 20. NATIONAL EMERGENCIES The PARTIES to this Agreement may respond upon request to Nationally declared emergencies providing there are no statutory prohibitions against such use. Legal citations for this use are not outlined in this Agreement and therefore reimbursement provisions may be different than what is described herein. 21. EMPLOYMENT POLICY Employees of the parties to this Agreement shall at all times be subject only to the laws, regulations, and rules governing their employment, regardless of incident location, and shall not be entitled to compensation or other benefits of any kind other than specifically provided by the terns of their employment. 22. EXAMINATION OF RECORDS Each PARTY shall give the other, or their authorized representative, access to, and the right to examine all records, books, papers and documents related to this Agreement. PARTIES shall make supporting documents available for a period of 3 years after final payment. 23. PREVIOUS AGREEMENTS CANCELED This Agreement supersedes and cancels any prior Cooperative Fire Protection Agreement between the PARTIES. 24. FUNDING LIMITATION Nothing herein shall be considered as obligating either PARTY to expend, or as involving either PARTY in any contract or other obligation for the future payment of, money in excess of funding approved and made available for payment under this Agreement and any modification thereto. 25. MODIFICATIONS Modifications to this Agreement shall be made by mutual consent of the parties, by the issuance of a written modification, signed and dated by both parties, prior to any changes being made. 26. NATIONAL INTERAGENCY INCIDENT MANAGEMENT SYSTEM The PARTIES to this Agreement will operate under the concepts defined in the National Interagency Incident Management System (NIIMS) including: Incident Command System (ICS), qualifications system, certification system, training system, the management of publications, and participate in the review, exchange, and transfer of technology as appropriate for providing qualified resources, and for the management of incidents covered by this Agreement. 27. FIREFIGHTER & OVERHEAD QUALIFICATIONS FOREST SERVICE agrees to send qualified personnel who meet all the position requirements specified in FSII 5109.17 (meets or exceeds PMS 310-1) to any DEPARTMENT incident. The DEPARTMENT agrees to send qualified personnel who meet the training and qualification standards specified in National Wildfire Coordinating Groups (NWCG) PMS 310-1 to any FOREST SERVICE incident, IMT assignment or overhead request. 6 FS Agreement No.07-FI-11051200-042 FD Agreement No.015 28, 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 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. 29. LAW ENFORCEMENT Law enforcement efforts shall be coordinated to the maximum extent possible, at all levels by all PARTIES. The PARTIES shall render mutual assistance in law enforcement activities and the gathering of evidence, and in actual court prosecutions to the fullest extent practicable. 30. E UIPMENT Equipment owned and used by either PARTY to suppress fires on lands for which the other is responsible shall normally be operated, serviced, and repaired by the owning PARTY. Fuel, lubricants, and maintenance are the fiscal responsibility of the Supporting PARTY. Special rates for Federal Excess Personal Property (FEPP) equipment will be displayed in the rate schedules, which eliminates any purchase or replacement costs for the apparatus. 31. 'WAIVER OF CLAIMS AGAINST THE PARTIES The PARTIES signatory to this Agreement hereby waive all claims between and against each other, arising in the performance of this Agreement, for compensation for loss or damage to each other's property, and personal injury, including death, of employees, agents and contractors, except that this-waiver shall not apply to intentional torts or acts of violence against such persons or property. 32. NONDISCRIMINATION The PARTIES shall comply with all Federal statutes relating to nondiscrimination and all applicable requirements of all other Federal laws, Executive orders, regulations, and policies. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d, 2000c-16), which prohibits discrimination on the basis of race, color, disability, or national origin; (b) Title IX of the Education amendments of 1972, as amended (20 U.S.C. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; and Section 504 of the Rehabilitation Act of 1973 as amended (29 U.S.C. 794) which prohibits discrimination on the basis of disabilities. 33. ACCIDENT INVESTIGATIONS Whenever an accident occurs involving the equipment or personnel of a Supporting PARTY, the Protecting PARTY shall take immediate steps to notify the Supporting PARTY that an accident has occurred. As soon as practical, the Protecting PARTY shall conduct an investigation of the accident. Costs for investigation personnel are PARTY-specific and will be borne by the sending 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). 7 FS Agreement No. 07-FI-11051200-042 FD Agreement No.015 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.nfe,usda.zov/deia/eftwe.b.htm. 36. TERMINATION Both PARTIES retain the rigbt to terminate their participation under this Agreement by providing 30 days written notice to the other PARTY. 37. LEGAL AUTHORITY The DEPARTMENT certifies that the person executing this on their behalf has the legal authority to enter into this Agreement. 38. COMNMNCEMENT/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 renewed. 39. ALTERNATE DISPUTE RESOLUTION In the event of any issue of controversy under this Agreement, the PARTIES may pursue Alternate Dispute Resolution procedures to voluntarily resolve those issues. These procedures may include, but are not limited to, conciliation, facilitation, mediation, and fact finding. 40. PRINCIPAL CONTACTS The principal contacts for this instrument are: FOREST SERVICE CONTACT Mike Dietrich Chief (909) 382-2629 Fax: (909) 383-5770 mdictrich@fs.fed.us DEPARTMENT CONTACT Blake Goetz Chief (760) 323-8182 Fax: (760) 778-8430 Blake.Goeu@palmspiings-ca.gov FOREST SERVICE GRANTS AND AGREEMENTS SPECIALIST Bonnie Harris Grants and Agreement Coordinator (626) 574-5246 8 FS Agreement No.04-FI-11051200-015 FD Agreement No.015 FIRE DEPARTMENT ADMINISTRATIVE CONTACT Blake Goetz, Fire Chief Palm Springs Fire Department 300 N. El Cielo Road P.O. Box 2743 Palm Springs, CA 92262 (760) 323-8182 DEPARTMENT TAXPAYER IDENTIFICATION NUMBER: 96-6000-57 REVIEW: Bonnie Harris FOREST SERVICE GRANTS And AGREEMENTS SPECIALIST DEPARTMENT REVIEWER(Optional) Date Date APPROVAL: IN WITNESS WHEREOF, the parties have executed this Agreement as of the last date written below: Je9me Wade Evans David H. Ready, Ph.D. FOREST SUPERVISOR CITY MANAGER R 7410 7 '06'v1 Date Date :*RtI/Zluw (L BLAKE C. GOETZ DEPARTMENT CHIEF h T :1 •�. a�Iaod o1 st+aanoaddV Date APPROVED BY CITY MANAGER ATTEST: ?— y Clerk �.t InNTC.Exhibit A, Definitions CSr J OF!PALM SFRINIGS SOX 2743 -_ ---- PALM SPR11MIGS,QA £225Q FS Agreement No.04-FI-I1051200-015 FD Agreement No.015 Exhibit B, Annual Operating Plaza Exhibit C, Form FSLA-5 Record of Activity Exhibit D, Maps 10 FS Agreement No.04-FI-11051200-015 FA Agreement No.015 COOPERATIVE FIRE PROTECTION AGREEMENT EXHIBIT A DEFINITIONS ADMINISTRATIVE RATE: That pre-establishcd 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 FARE: Fire suppression resources and associated support resources needed to fill the incident order that are to be paid for by the Protecting PARTY. Reimbursement may be actual cost or according to pre-established rates. AVAILABLE: Following the Incident Command System protocols, the status of a fire fighting resource that indicates its availability for assignment on an incident. BACKFILLING: The act of providing cover staffing at the station or administrative site that has been vacated by the resources provided to the incident BOUNDARY FIRE: A fire burning on or directly adjacent to the Direct Protection Boundary between the DEPARTMENT and the FOREST SERVICE_ CLOSEST FORCES CONCEPT: The philosophy of committing the closest available appropriate resources, regardless of ownership, as described in the Annual Operating Plan, to a wildfire for initial attack or for critical need. COOPERATIVE FIRE PROTECTION: Specific lire protection services furnished by one party to the other on a reimbursable basis pursuant to the Annual Operation Plan. COST SHARE AGREEMENT: An interagency agreement describing the conditions and/or percentage of DEPARTMENT and FOREST SERVICE financial responsibility for costs incurred as a result of jointly approved operations pursuant to the terms of this agreement. DETECTION: The act or system of discovering and locating a fire. DIRECT PROTECTION AREA (DPA): That area which, by law or pursuant to the terms of this agreement, is provided wildland fire protection by the DEPARTMENT or by the FOREST SERVICE. DPAs may include a mixture of DEPARTMENT and FOREST SERVICE responsibility areas_ 11 FS Agreement No.04-FI-11051200-015 FD Agreement No.015 DIRECT PROTECTION AREA MAPS: Official maps which identify areas of direct wildland fire protection for each PARTY. FEDERAL EXCESS PERSONAL PROPERTY (FEPP) PROGRAM: A program in which Federal property originally purchased for use by a Federal agency, but no longer needed by that entity, is acquired by the USDA Forest Service for loan to one of the 50 States or the Territories for use in the State's rural or wildland fire protection program. As a result, the equipment stays in service to America, protecting lives and property across the nation. The term "personal" simply refers to any tangible property that is not real estate. This can include trucks, aircraft, personal protective equipment, fire hose, et cetera, but not buildings. FIRE HELICOPTER: A rotary wing aircraft provided by the DEPARTMENT or the FOREST SERVICE for planned availability and initial attack fire response. FIRE PREVENTION: Activities directed at reducing the number of fires that start, including public education, law enforcement, dissemination of information and the reduction of hazards through engineering methods. FIRESCOPE (Firefighting Resources of California for Potential Emergencies): A cooperative effort involving all agencies with fire fighting responsibilities in California. Organized to create and implement new applications in fire service management, technology and coordination, with an emphasis on incident command and multi-agency coordination. HANDCREW: A wildland fire suppression crew consisting of approximately 15 to 20 persons. 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. 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. 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. 12 FS Agreement No.04-FI-11051200-015 FA Agreement No.015 MUTUAL AID: Automatic initial attack response by suppression resources (excluding aircraft and pilot[s]) as specified in the Operating Plan for specific pre-planned initial attack response areas and provided at no cost to the Protecting PARTY for the first specified hours from the time of initial report. Mutual Aid is limited to those Initial Attack resources or move-up and cover assignments that have been determined to be appropriate in the annual Operating Plans. Aircraft (fixed and rotary-winged, including pilot[s]) shall always be Assistance by Hire. PRESCRIBED FIRE: The planned use of fire on wildlands to accomplish specific objectives including reducing fire hazard, providing flood protection, enhancing wildlife and fisheries, or improving water yields and/or air quality. PROTECTING PARTY: The PARTY responsible for providing direct wildland fire protection to a given area pursuant to this agreement. RECIPROCAL FIRE PROTECTION (MUTUAL AID): Automatic initial attack response by suppression resources as specified in the Annual Operating Plan for specific pre-planned initial attack response areas and provided at no cost to the PROTECTING PARTY for the specified mutual aid period. Aid is limited to those resources or move-up and cover assignments that have been determined to be appropriate in the Annual Operation Plan. REIMBURSABLE WORK: Reinforcements exceeding reciprocal fire protection services famished by either PARTY, at the request of the other, or fire protection furnished as a chargeable cooperative fire protection service REPAIR OF SUPPRESSION ACTIVITY DAMAGE: Those activities undertaken by fire suppression forces during or immediately after the control of a wildfire to insure the prevention of erosion or to repair other damages resulting from fire suppression activities. SUPPORTING PARTY: The PARTY directly contributing suppression, rescue, support or service resources to the PARTY possessing direct fire protection responsibility for the area upon which an incident is located. SUPPRESSION: All the work of confining and extinguishing a fire beginning with its discovery. UNIFIED COMMAND: The organizational structure implemented on multi jurisdictional incidents. The PARTIES' Incident Commanders will jointly determine incident objectives_ WILDFIRE: An unwanted fire burning uncontrolled on wildland. WILDLAND: Lands covered wholly or in part by timber, brush, grass, grain, or other flammable vegetation. 13 ' . FS Agreement No.04-F1-11051200-015 FD Agreement No.015 FD Tax 1D No.0000000015 Exhibit B 2007 ANNUAL OPERATING PLAN FOR COOPERATIVE FIRE PROTECTION AGREEMENT Between SAN BERNARDINO NATIONAL FOREST and PALM SPRINGS CITY FIRE DEPARTMENT ANNUAL OPERATING PLAN The PARTIES will meet annually, prior to the initiation of fire season to prepare an Annual. Operating Plan (AOP)_ This AOP will include protection area maps for all PARTIES, current rates for use of department equipment and personnel, lists of principal personnel, dispatching procedures, and any other items identified in this Agreement as necessary for efficient implementation. This AOP shall become attached to and be a part of the Agreement. MUTUAL AID RESPONSE PROCEDURES Mutual aid is the initial attack response by both DEPARTMENT and FOREST SERVICE suppression resources that are identified in each PARTY'S Emergency Command Center's run cards or computerized automated dispatch system (CAD). The Protecting PARTY will not be required to reimburse the Supporting PARTY for initial attack actions taking place in these areas within the first 12 hours (as identified in the Agreement) following initial dispatch of suppression resources. All assistance beyond this "Mutual Aid" period will be assistance by hire and will be billed retroactively for the full period from the time of initial dispatch. Aircraft(fixed and rotary-winged) including pilot(s) shall always be Assistance by Hire. DESCRIPTION OF FOREST SERVICE DIRECT PROTECTION AREA PA DESCRIPTION OF DEPARTMENT DIRECT PROTECTION AREA (DPA) 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 FS Agreement No,04-FI-11051200-015 FD Agreement No.015 FD Tax ID No.0000000015 of"Closest Forces" will also be applied to ongoing incidents whenever there is a critical and immediate need for the protection of life and property. Beyond initial attack, the "Closest Forces" concept is modified and the Protecting PARTY will request the most appropriate resource to aid in the suppression of a wildfire- MOVE-UP AND COVER "Move-up and Cover" is the reallocation of fire suppression resources from their established location to a temporary location. For this agreement, "Move-up and Cover" is limited to moving Supporting PARTY engine companies and dozers (if applicable) to Protecting PARTY facilities which have been temporarily vacated because of emergency activity. The Protecting PARTY may provide subsistence and lodging at no cost to the Supporting PARTY. Mutual Aid (if applicable) "Move-up and Cover" will be at no cost to the Protecting PARTY for the initial Mutual Aid period agreed to in this Agreement_ While in the Mutual Aid period (if applicable), if the Supporting PARTY'S resources are dispatched by the Protecting PARTY to a fire, Assistance by Hire will apply unless the fire is located in an area of predetermined aid (as agreed to in this Agreement). In no case will FOREST SERVICE resources be held in "Move-up and Cover" status beyond the end of their 16 hour maximum duty day. SINGLE POINT RESOURCE ORDERING Any and all requests for emergency assistance and incident support on cross boundary incidents must be clear and precise and shall be processed and recorded through a single dispatching center identified by the Incident Commanders of both PARTIES (Unified Command) and supported by order and request numbers_ COMMUNICATIONS AND FREQUENCY MANAGEMENT The PARTIES agree to utilize the frequencies assigned by the Emergency Command Centers for the management of an incident. This includes the assigned Command and Tactical Frequencies. In the case where the PARTIES' administrative frequencies have not been assigned for those purposes, the use 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 their respective pre-assigned frequencies. These frequencies are licensed through the Federal Communications Conunission for specific geographic areas and are not to be used outside those areas. Family recreational "walkie-talkie" type radios are prohibited from use while traveling to and from an incident or while on any federal incident. 2 FS Agreement No.04-F1-11051200-015 FD Agreement No.015 FD Tax ID No.0000000015 SHARING FREQUENCIES The DEPARTMENT agrees to authorize use by the FOREST SERVICE of the following frequencies: PSFD Tac#1 Rx 154.310 CTCSS 123.0 Tac 42 155.895 123.0 These frequencies will be used for fire/emergency only within or adjacent to the DEPARTMENT'S responsibility area. The FOREST SERVICE agrees to authorize use by the DEPARTMENT of the following frequencies: Forest Net Rx 171.475 Tx 169.875 Air to Ground 170.000 Tac 1 168,050 Tac 2 168.200 Tac 3 168.600 These frequencies will be used for fire/emergency only within or adjacent to the FOREST SERVICE'S responsibility area. OPERATIONAL & DUTY OFFICER CONTACTS PALM SPRINGS FIRE DEPARTMENT Name Radio' Work; Mobile Pager HE'ADQUA7"ERS OFFICE 760.323.8181, " ,300 N E/Clelo Road Palm Springs Ca, 92262 • RVC P9 786 J1 Blake Goetz Chief 4400 760.323.8188 760.217.6230 760.836.6661 Scott Ventura Div.4401 760.323.8187 760.217.6234 760.836.6486 Mark Avner Batt. 4430 1 760.323.8183 1 760.217.6233 760.776.3375 Austin Smith Batt. 4440 760.323.8183 760.217.6231 760.836.4858 Jahn Hardcastle ESC 4405 760.323.8185 760.218.3095 760.836.2139 3 ITS Agreement No.04-FI-11051200-015 FD Agreement No. 015 FD Tax rD No.0000000015 FOREST SERVICE DUTY OFFICER CONTACT oa cE SAN BERNARDINO NATIONAL FOREST 'pUr�A,s FIRE and AVIATION MANAGEMENT Supervisor's Office Fire Staff 909,382,2600 San Bernardino ATB 909.382.2989 Emergency FICC Dispatch 909,383.5654 909.383.6651 Name Position Work Mobile Mike Dietrich Chief 1 Chief 90%382.2629 091.228.5241 Rocky O li er Chief 2 Deputy Chief 909.382,2630 951.315.5119 Dan Snow Chief 3 Asst Chief Protection 909.382.2633 951.313.5453 Dan Gosnell Division 9 Fire Planner/Admin 909.332.2632 951.317.9483 Vacant Division 10 Fuels Specialist 909.382.2635 951.223.7655 Tom Incensio Acti Division 7 Air O s Mgr 909.382,2989 951.560.5001 Vacant Battalion 7 Air Service Mgr 909.382.2989 Tom Sensintaffar Division 6 Ficc Center M r 909.382,2749 951.316.4555 Dave Edgar Safety 1 Safety/ az Mat Officer 909.382.2631 909.754.0560 Mountain Top West(Sky Forest Division Office) 909.382.2758 Fast(Fawnskin Office) 909.382.2790 Randy Clauson Division 1 Division Chief 909.382.2803 951.315.5855 Rene McCormick Battalion 11 West Battalion 909„382.2769 951.315,5845 Betty Ashe Battalion 12 Protection Battalion 909.382.2802 909.754.1428 Steve Seltzner Battalion 13 East Battalion 909.382.2809 909.573.5217 Dave Kelly Battalion 14 Fuels Battalion 909.844.4128 Front Country West(Lytle Creek Division Office 909.382.2850 East(Mill Creek Office) 909.382.2881 Mike Wakoski Division 3 Division Chief 909.382.2877 951.236.1925 Randy Unkovich Battalion 31 West Battalion 909.382.2879 951.315.5854 Mary Bo ans Battalion 32 Protection Battalion 909.382.2893 909.236.1925 Scott Wagner Battalion 33 East Battalion 909.382.2892 991.315.5853 Ken Kem ter Battalion 34 Fuels Battalion 909.382.2878 909.224.4315 4 FS Agreement No. 04-F1-1 1 051 2 0 0-015 FD Agreement No. 015 FD Tax 1D No.0000000015 San Jacinto Division Id llwild Office 909.382.2922 Norm Walker Division 5 Division Chief 909.659.2117 951,315.5857 Dave Morelia Battalion 51 Suppression Battalion 909.659.5970 951.236.2198 Bill Gevedon Battalion 52 Protection Battalion 909.659.5130 951.315.5856 Dan Felix Battalion 54 Fuels Battalion 9W659.2614 951.314.1427 Greg Ross Battalion 55 1 Fuels Battalion 1 909.615.9710 FOREST SERVICE LINE OFFICER CONTACT Name Position Work Mobile Jeanne Wade Evans Forest Supervisor 909.382.2610 951.315.5862 Max Copenhagen Deputy Forest Supervisor 909.382.2603 909,316.4561 Kurt Winchester Ranger 1 District Ranger 909.382.2760 909,693.9818 Gabe Garcia Ran er 3 District Ranger 909.382.2850 951.315.5850 Laurie Rosenthal Ranger 5 District Ranger 909.382.2922 951.228.9079 5 FS Agreement No_04-FI-11051200-015 FD Agreement No.015 FD Tax ID No.0000000015 ICS QUALIFIED LIST AND IMT PERSONNEL IMT MEMBERS QUALIFIED FIRE OVERHEAD Division Chief Scott Ventura, Strike Team Leader Battalion Chief Mark Avner, Strike Team Leader Trainee Battalion Chief Austin Smith, Strike team Leader Trainee TRAINEES Both PARTIES agree to the use of trainees when practical; however, the automatic dispatch of or use of trainees will not occur without prior approval of the hosting unit or Incident Commander. If a hosting unit or Incident Commander agrees to a trainee then the hosting unit will bear the cost of that trainee. If a sending unit decides to send a trainee on their own, the cost will be the responsibility of the sending unit. PAYMENT OF STRUCTURE PROTECTION For wildfires within the DEPARTMENT'S or FOREST SERVICE'S DPA, the financial responsibility for the protection and suppression of structures remains with the Party who has statutory responsibility for structure suppression and protection. For incidents involving both DEPARTMENT and FOREST SERVICE DPAs the cost share agreement should reflect the DEPARTMENT'S structure protection/suppression responsibilities and financial obligation within its jurisdiction. In situations when the DEPARTMENT orders additional resources and initiates additional actions beyond the level deemed necessary by the unified command, the DEPARTMENT is responsible for the costs- 6 FS Agreement No.04-F1-11051200-015 FD Agreement No.015 FD Tax ID No.0000000015 RATES FOR FEDERAL EXCESS PERSONAL PROPERTY PROGRAM- FEPP Under the FEPP program, FEPP rates apply when federal property is loaned to the State Forester, who may place it with local fire departments to improve local fire programs. If this loaned federal property is used on a FOREST SERVICE incident, the DEPARTMENT will only charge the FOREST SERVICE for operating costs that include maintenance, fuel, and oil. Charges may not include amortization, depreciation, replacement costs, modification, start-up costs, or related charges. CITY—COUNTY FIRE DEPARTMENT REIMBURSEMENT RATES AND METHODOLOGY The DEPARTMENT and FOREST SERVICE acknowledge the special legal requirements of each PARTY to provide backfill coverage (to respond to subsequent emergencies) that becomes necessary as a result of the execution of this Agreement To that end, the reimbursement rates established are designed in a generic way to provide for any such backfill need. As such, accounting for backfill in the billing submission is not necessary and should not occur. The DEPARTMENT will prepare a FSLA-5 (Record of Activities). The FSLA-5 and supporting documentation is the basis for reimbursement and invoice preparation. This form is provided by the FOREST SERVICE and is attached as Exhibit C to this agreement. The form FSLA-5 must be signed by a responsible officer of the DEPARTMENT and by the FOREST SERVICE Incident Commander or Finance Chief and attached to the invoice. Invoices must identify Supporting PARTY name, address, and Taxpayer Identification Number, fire name, order and request number, and bill number and amount. Invoice supporting documentation must include description of services performed, period of services performed, and description of any applicable cost share agreements. Supporting documentation will itemize details of billing, listing personnel, equipment, travel and per diem, aircraft, supplies and purchases as approved in the attached AOP. It will also include itemized deductions for fuel, oil, maintenance and repair of equipment. OES F-42 (Emergency Activity Record) will not be used DEPARTMENT REIMBURSEMENT RATES Reimbursement rates for personnel, apparatus and equipment will be developed and submitted to the FOREST SERVICE for approval by May 1 st each year. The rates will be documented annually in the AOP. The rates agreed to herein will be used for all FOREST SERVICE billings, providing consistent charges for services. The basis for reimbursement will be Assistance by Hire. Assistance by Hire rates and reimbursements will be based on the following guidelines: l_ PERSONNEL: a. 56-hour Personnel In accordance with the definition and description of Assistance by Hire, costs incurred by DEPARTMENT in sending resources in response to requests from the FOREST SERVICE for assistance with 56-hour personnel is Overtime(time and one-half) with Benefits, Portal-to-Portal 7 c FS Agreement No.04-FI-11051200-015 FD Agreement No. 015 F1) Tax ID No.0000000015 (from the time of dispatch until the time of return)_ DEPARTMENT shall develop rates equivalent to Overtime with Benefits by rank for all 56-hour personnel, to be included herein_ These rates will be utilized in calculating the reimbursable cost to be billed to the FOREST SERVICE. b. 40-hour Personnel In accordance with the definition and description of Assistance by Hire, costs incurred by DEPARTMENT in sending resources in response to requests from the FOREST SERVICE for assistance with 40-hour personnel is a combination of Straight-time with Benefits, plus Overtime (time and one-half) with Benefits, Portal-to-Portal. Assistance by Hire rates for 40-hour Personnel will be developed, agreed to in advance, and published annually herein, based on the weighted average of Straight-time with Benefits (23.8%) and Overtime(time and one-half)with Benefits (76.2%)by rank. c. Management Personnel Reimbursement by the FOREST SERVICE for DEPARTMENT Management Personnel will be based on Straight time with Benefits, for hours worked. As Management, these personnel are not eligible for Overtinne at time-and-one-half base salary, but do continue to earn"Overtime" at the rate of Straight-time with Benefits ("overtime"benefit rates apply for hours in excess of normal work schedule). Assistance by Hire rates for DEPARTMENT Management Personnel shall be developed, agreed to in advance, and published annually herein. d. Organized Emergency Crews Organized Emergency Crew resources may include Type I and 2 Crews, Fuels Crews (Modules), and flight crews. Crews are billed at a rate equivalent to hours worked times established hourly Salary plus benefits, Overtime with Benefits, and Hazard Pay where applicable. Assistance by Hire Rates for these crews will be developed, agreed to in advance, and published annually herein. e. FOREST SERVICE Personnel and E uq inment Reimbursable FOREST SERVICE costs will include all actual costs associated with the direct fire operations and incident support ordered by or for the incident(except as otherwise described as reciprocal initial attack as identified in herein, and independent action situations_ The DEPARTMENT will be billed for support to incidents that are the jurisdictional responsibility of the DEPARTMENT. 2. APPARATUS AND SUPPORT EQUIPMENT: a_ FEDERAL EXCESS PROPERTY PROGRAM FEPP 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 8 r. I FS Agreement No.04-FI-11051200-015 FD Agreement No.015 FD Tax ID No.0000000015 include amortization, depreciation,replacement costs, modification, start-up costs, or related charges. b. GROUND RESOURCES Use rates for all DEPARTMENT and FOREST SERVICE -owned motorized ground equipment provided as Assistance by Hire shall be paid at the rate established by each PARTY for its equipment. These rates will be updated annually, agreed to in advance, and published herein_ Rates :for motorized equipment will include motor fuels and lubricant costs. Charges for motor fuels and lubricant costs supplied by the Protecting PARTY will be deducted by the Supporting PARTY in their submitted invoice (bill). c. EMERGENCY EQUIPMENT RENTAL AGREEMENT (EERA) The DEPARTMENT and FOREST SERVICE agree to jointly use Emergency Equipment Rental Agreements ("EERA") and Interagency EERA.rates for privately owned equipment hired for fires. Instruction for administering these agreements has been provided in the California Interagency Emergency Equipment Rental Rate Packages submitted to each PARTY'S operational and administrative units for payment processing. d. AIRCRAFT Flight and Stand-by rates for Aircraft will be developed, agreed to in advance, and published annually herein, utilizing the rates and/or methodology utilized by the California Department of Forestry and Fire Protection (CDF). 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("ATGS") will be itemized separately. ATGS Stand-by rates will be determined based on personnel costs_ 2. HELICOPTER Reimbursement will be based on CDF Type 2 helicopter rate (same CDF UH-1H 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. e. SUPPORT EQUIPMENT Use rates for all DEPARTMENT and FOREST SERVICE-owned support equipment provided as Assistance by Hire shall be paid at the rate established by each PARTY for its equipment. Support equipment and rates will be updated annually, agreed to in advance, and published herein. Personnel assigned to support equipment will be itemized separately. EQUIPMENT & FIREFIGHTER PAY RATES AND CLASSIFICATION 2004 9 FS Agreement No.04-F1-11051200-015 FD Agreement No.015 FD Tax ID No.0000000015 PUBLISIIED DEPARTMENT APPARATUS AND PERSONNEL RATES: List apparatus and personnel rates. Firefighter $23.00 per hour Apparatus Engineer 525.32 per hour Engine Captain $3520 per hour Battalion Chief $44.21 pet hour ]Division Chief $71.13 per hour Chief $77.57 per hour Administrative Personnel $33.06 per hour EQUIPMENT RATES -ENGINES Type 1 Engine Type 4 Engine S71/hour S53/hour EQUIPMENT RATES —VEHICLES Sedan $44 per day Pickup $53 per day SW S73 per day Other(unspecified) S73 per day(3/4 ton& above) POV $0.445 per mile 10 FS Agreement No.04-F1-11051200-015 FD Agreement No. 015 FD Tax ID No.0000000015 PUBLISHED FOREST SERVICE APPARATUS AND PERSONNEL RATES: Personnel rates remain the same as were set in 2003 by utilizing a combination of the existing AD Pay Plan, CDF's EFF rates, and averages taken from the annual ORS "Salary Survey". Rates are modified by a factor of 1.25 to represent overtime that would occur should a 16 hour shift be implemented. Consequently, the rates have embedded within them an overtime component. Firefighter $14.60 per hour Apparatus Engineer $18.25 per hour Engine Captain $18.25 per hour Flat Rate for Crew $5,090 per day Company Officer $18.25 per hour Battalion Chief $20.40 per hour Division Chief $22.95 per hour Assistant Chief S25.69 per hour Deputy Chief $27.88 per hour Chief $30.50 per hour Administrative Personnel $18.25 per hour PUBLISHED FOREST SERVICE EQUIPMENT PAY RATES EQUIPMENT PAY RATES 11 i. y r FS Agreement No.04-FI-11051200-015 FD Agreement No.015 FD Tax ID No.0000000015 The 2004 equipment rates remain the same as 2003, using a combination of gallons per minute, FEMA horsepower rates, mode rates as taken from the Local Agreement review, and SERA rates which were modified to reduce the profit and risk margins normally afforded to private industry. EQUIPMENT RATES - ENGINES Type 1 Engine Type 2 Engine Type 3 Engine Type 4 Engine $55/hour $55/hour $45/hour $35/hour FEPP $51/hour FEPP $51/hour FEPP $41/hour FEPP $31/hour EQUIPMENT RATES—WATER TENDERS Type 1 Water Tender Type 2 Water Tender Type 3 Water Tender $34/hour $34/hour $30/hour FEPP $30/hour FEPP $30/hour FEPP $26/hour EQUIPMENT RATES —BULLDOZERS Type 1 Dozer Type 2 Dozer Type 3 Dozer $77/hour $55/hour $42/hour FEPP $72/hour FEPP $50/hour FEPP $37/hour EQUIPMENT RATES—TRANSPORTS Transport w/Low Boy $1.47 per mile(consider+1.05%) FEPP Transport w/Low Boy $1.27 per mile (consider+1.05%) EQUIPMENT RATES —VEHICLES Sedan S39 per day Pickup $47 per day Van $55 per day 12 � V 5 FS Agreement No.04-FI-11051200-015 FD Agreement No.015 FD Tax 1D No.0000000015 SUV $62 per day Crew Carriers $95 per day Other(unspecified) $62 per day POV $036 per mile (consider+1.05%) HELICOPTER Minimum EIRESCOPE Standards for Types ICS 420-1 COMPONENTS 1 2 3 4 Seats including Pilots 16 10 5 3 Card weight capacity(lbs) 5000 2500 1200 600 Gallons water delivery) 700 300 100 75 Examples Bell214 13cll204, Bell206 Bell47 212, 205 FEDERAL PROPERTY RATE PER $6092.00 $1555.00 $923.00 NA HOUR—includes Fuel&Tender (Personnel NOT Included) FIXED WING Federal Property Rate: ORGANIZED EMERGENCY CREWS Minimum FIRESCOPE Standards for Types ICS 420-1 COMPONENTS 1 2 Personnel (minimum) 18 18 -Equipment included included Transportation included included FEDERAL CREW RATE Per Hour $5873 $3648 P3 P2V 13 FS Agreement No.04-F1-11051200-015 TD Agreement No.015 1+D Tax 1D No.0000000015 OTHER RESOURCES NOT LISTED ADMINISTRATIVE RATE Either PARTY may assess an administrative rate to reimbursable costs related to this agreement. The accepted methodology for computing the administrative rate is the Office of Management and Budget's"Cost Principles for State, Local and Indian Tribal Governments" OMB circular A- 87 (60 FR 26484, dated May 17th, 1995). The DEPARTMENT will submit a draft administrative rate to the FOREST SERVICE for approval. This DEPARTMENT rate during the effective date of this AOP will be: % 20.81 The FOREST SERVICE will access an administrative rate to reimbursable costs related to this agreement. This administrative rate during the effective date of this AOP will be: 19.2 % ITEMS NOT REIMBURSABLE "The following items are not reimbursable in the execution of this Agreement and are considered standard personal support supply/equipment. • Incident position support kits • Calculators • Computers • Printers • GPS units • Cell phones and cell phone charges • Personal telephone charges • Support items normally available in Supply Unit, e.g. tents, sleeping bags, pads, water coolers, etc. EQUIPMENT INSPECTIONS Identified equipment will be inspected and documented annually by California Highway Patrol (CHP) prior to use. In no event will an inspection be accepted that is older than 12 months_ The following equipment will be inspected annually: 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. 14 r FS Agreement No.04-F1-11051200-015 FD Agreement No. 015 FD Tax ID No.0000000015 Extension of assignments beyond the Supporting PARTY'S policy may be requested_ it is the responsibility of the Protecting PARTY to request relief personnel in advance of the Supporting PARTY'S policy time limit_ The Protecting PARTY is further responsible for the transportation costs of moving personnel to the fire and returning those relieved persomlel 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. SMOKER BEAR PROGRAM The PARTIES will cooperate in the delivery of Smokey Bear programs. 15 FS Agreement No.04-F1-11051200-015 FD Agreement No.015 FD Tax ID No. 0000000015 LOCAL EDUCATION PROGRAMS The PARTIES agree to cooperatively conduct local school and other fire prevention education programs. FIRE PREVENTION SIGNS Coordination and placement of fire prevention signs should be coordinated by both PARTIES in order to prevent duplication of effort and sending mixed messages. This is especially important for fire danger rating signs. LOCAL EVENTS The PARTIES agree to cooperatively conduct fire prevention programs at local community events- BURNING AND CAMPFIRE PERMITS In accordance with current instructions, permits for campfire (CDF form LE-63), dooryard premises burning(CDF form LE-62), and other burning(CDF form LE-5) (except vegetation management program and brushland conversion buming(CDF form LE-7) on State Responsibility lands in Federal Agency DPAs will be issued by the Federal Agency or local fire protection district personnel authorized to do so by the Director 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 bum permits are issued. Fire Restrictions, Red Flag or other situations that may affect the safe execution of campfire and/or bum permits will be shared by each PARTY. NON-FIRE PROJECT USE OF RESOURCES Each of the PARTIES agrees to provide resources and support as requested, to the best of their abilities, for non-fire projects. Such use of personnel and resources may be at no cost or may be assistance by hire unless otherwise agreed to in an attachment herein. WILDLAND FIRE SITUATION ANALYSIS (WFSA) FOREST SERVICE policy requires that a "Wildland Fire Situation Analysis" (WFSA)be completed by the DEPARTMENT for all fires on or threatening FOREST SERVICE administered lands that have escaped initial attack. The procedure requires the FOREST SERVICE to participate in developing incident objectives for the suppression action. The FOREST SERVICE agrees to provide assistance in the preparation of the "WFSA" in addition to the development of the incident objectives- The FOREST SERVICE Line Officer or his/her representative will approve the completed "WFSA" and will review accuracy of incident objectives on a daily basis. The DEPARTMENT agrees to notify the FOREST SERVICE Line Officer or Duty Officer if an incident will require a "WFSA". 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 16 FS Agreement No.04-FI-11051200-015 FD Agreement No.015 FD Tax 1D No. 0000000015 affect both PARTIES. Any costs recovered as a result of independent litigation will not be subject to apportionment with the other affected PARTY. Whenever collections that result from joint legal action have the effect of reducing net expenditures of either PARTY to accomplish services provide for in this agreement, then such collections may be reported and shared proportionately, after deducting the cost of collection. REPAIR OF SUPPRESSION ACTIVITY DAMAGE Repair of suppression related activity damage (e.g., spreading of dozer berms, installations of water bars, minor road repairs, minor fence repair, etc_) will normally be done by the PARTY with direct protection responsibility for the fire as an integral part of overhaul/mop-up. Any rehabilitation beyond this level may be the responsibility of the landowner. MAPS TO SUPPORT ANNUAL OPERATING PLAN On an as needed basis, maps needed to support this AOP will become attachments to the AOP. These may include the 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. Attached maps (see Exhibit D): 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_ 17 • FS Agreement No.04-FI-11051200-015 FD Agreement No.015 FA Tax TA No.0000000015 APPROVAL: IN WITNESS WHEREOF, the PARTIES have executed this Annual Operating Plan as of the last date wzitten below: .;7 nne Wade Evans David II. Ready, Ph. - FOREST SUPERVISOR CITY MANAGER ' Date Date I�. Blake Goetz DEPARTMENT CHIEF 7 Date d APPROVED BY CITY MANAGER ATTEST: Clerk -- RF ii U', fK TO: Geer Cr-P,aLM SPRINGS SC;:2743 PALM SPRINGS,GA 92=; 18 w ACTIVITY RECORD FOREST SERVICE, REGION 5 LOCAL AGREEMENT AGREEMENT DEPARTMENT DISPATCH INFORMATION PALM SPRINGS CITY FIRE DEPARTMENT Incident Name: Resource Order Number: Reporting Location: Reporting Time: Dares of Services Request payroll Name(s) ICS Position Total Hours TVorked Number (On Shift) PERSONNEL INFORMATION APPARATUS/EQUIPMENTIVEHICLE INFORMATION Type of Vehicle Cate o Total M1lea e A aratus/Module Apparatus or n �' VeOVRehicle nfo Agency g Dates of Services Pp Strike Team�' Sednn SUV Van PU Or Engine Water Tcndcr, Vehicle N 7x4 4x4 POV Rental dgcncy Dozer.Crew or other Operating Hours Authorizing Officer For Department: Questions concerning completion of this form,contact: USDA-FS,Region 5,FM Stiff Date: Incident Administration,Ph:(707)562-8712 Form Distribution: Original! Local Govt Agency Approved by Copy:Fire/Incident Package IC orFSC: FSLA-5(07/03) Direct Protection Areas Palm Spri-ng-s _ \: TC . ..y \.\.•,. . ,i'.. ,.'� � ✓ / //�/1//,�'f.. ✓//`." 'ram/_.. '. I . \\. •� I`. :Alm /\ /\ IN a�a. ..L-art. \:,'; { / '�CX,\\`C '< C\/ Xx, --- .O�ry�"` 5` ,10 , f 20 Miles - _ ^_ y- _ • • •� ,• • -DPA05_2-bPA_Agrs cylA.greements DPA PROVIDER _^• Bureau OF lndon AffoNj Legend J Bureau of Land Management t---i ---i San Bernardino OF Redamat,W _ardino NP -_-_ DPAGroup Boundary N Major Roads CA Dept of Forestry and Fire Protection Sources: DPA05_2 -DPA—Group =DDF Protecting URA(UW ) WDPA data&attributes-FRAP Road Classification 0ept of Defense Roads••ESRIDATA * W = LimpedAccess a FEDERAL =usr•Ish and wldlireservice Forest Boundary-SBNF S Nlghways y�jyy NASA —•— Secondary Roads A7E National Park Service September 2007, SBNF Other LOCAL - - USDA Forest Service — -- - Contract County Protecting SRA Highway Ramp Local