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DATE: October 17, 2012 CONSENT CALENDAR
SUBJECT: APPROVE AND RATIFY THE 2012 COOPERATIVE FIRE PROTECTION
AGREEMENT AND AREA OPERATION PLAN WITH THE UNITED
STATES FOREST SERVICE
FROM: David Ready, City Manager
BY: Fire Department
SUMMARY
The City Council will consider approval and ratification of the 2012 Cooperative Fire
Protection Agreement and Area Operation Plan with the United States Forest Service
and the Palm Springs Fire Department. The agreement and operating plan provide for
reciprocal fire protection (Mutual Aid) cooperation in the prevention, detection and
suppression of wild land fires that are intermingled and adjacent to the Santa Rosa and
San Jacinto Mountains National Monument that have been annexed by the City of Palm
Springs. The 2012 Cooperative Fire Protection Agreement and Area Operating Plan
has been updated and will replace the 2007 Cooperative Fire Protection Agreement and
Area Operation Plan.
RECOMMENDATION:
1) Approve the 2012 Cooperative Fire Protection Agreement and Area Operation
Plan with the United States Forest Service.
2) Authorize the City Manager to execute the agreement.
STAFF ANALYSIS:
The Cooperative Fire Protection Agreement and Annual Operating Plan address the
lands that are intermingled and adjacent to the Santa Rosa and San Jacinto Mountains
National Monument that have been annexed by the City of Palm Springs. These lands
are undeveloped and in some areas inaccessible during wild land fires. The United
States Forest Service will provide wild land fire suppression on Palm Springs City lands
inside the National Monuments; in exchange the Palm Springs Fire Department agrees
to initial attack on wild land fires on the western border of Palm Springs where it
coincides with the eastern border of the National Monument.
ITEM NO. ?1A _
City Council Staff Report
October 17, 2012 -- Page 2
Approve Cooperative Fire Protection Agreement/Area Operation Plan with United States Forest Service
The Cooperative Fire Protection Agreement and Annual Operating Plan outline the
"Closest Forces" philosophy. This concept dictates that the closest available resources,
regardless of ownership, shall be utilized initially in an effort to contain wild land fires
quickly. The 2012 Cooperative Fire Protection Agreement is for a term of five years and
will replace the 2007 Cooperative Fire Protection Agreement. The 2012 Annual
Operating Plan will remain in effect until superseded by a new Annual Operating Plan or
upon expiration of the 2012 five year Cooperative Fire Protection Agreement.
FISCAL IMPACT:
The Cooperative Fire Protection Agreement with the Palm Springs Fire Department and
the United States Forest Service states that both parties will reciprocate initial attack
within the Annual Operating Plan at no cost to either party for the first 12 hours of an
incident. All assistance beyond the 12 hour "Mutual Aid" period will be assistance by
hire.
Scott Ventura, Fire Chief David H. Ready, Ci ager
Attachments:
1. 2012 Cooperative Fire Protection Agreement between Palm Springs Fire
Department and the United States Forest Service
2. 2012 Annual Operating Plan between the Palm Springs Fire Department and
United States Forest Service
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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
i
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: f
Reciprocal Fire Protection Act of May 27, 1955( U.S.C. 1856a),Gran ger-Thye Act of
April 24, 1950(16 USC 572), and Cooperative Funds and Deposits Act of December 12,
1975,P. L.94-148, (16 U.S.C. 565al—a3),as amended by the Consolidated
Appropriations Act of 2008 P.L. 110-161 and the Omnibus Public Lands Act,P.L. 111-
11, See 3001
L 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.fat_ested-lands as identified_through written agreement
The Department has the responsibility for prevention,protection and suppression of
structure and other non-wildland fires within the established fire district. These
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structures and lands protected by the Department are intermingled or adjacent to lands
protected by the U.S. Forest Service.
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
Parry 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-Hite unless otherwise specified as Mutual Aid in the current AOP.
Except for Mutual Aid, all requests for fire suppression assistance in either Party's DPA
shall be Assistance by Hire. Any other resources provided by the Supporting Party, and
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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 Iands protected by the other Party
to suppress wildfires, if the fire is a threat to property within that Parry'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 aggressivelypursue 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 SAARING .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 intheAO�._
11. FACILITIES.EQUIPMENT AND SUPPORT The Parties may procure,loan,lease,
share or exchange facilities,equipment and support services. This may include,but is not
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limited to,such things as dispatch centers, training facilities,administrative offices, fire
stations, air attack bases,lookouts,warehouses,vehicles, fire equipment,remote
automated weather stations,lightning"detection"equipment 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 PRO.IECTS 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 Sup"vrtmg Party-dill 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 tile incident.
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Reimbursable costs may include transportation, salary,overtime, per diem and other
approved expenses of Supporting agency personnel. Rates and conditions of use for the
equipment and personnel are documented in the AOP.
Parties shall submit a bill within 90 days of the incident.
Parties must use their own invoice form for billing under this Agreement to avoid any
confusion with other services that may have been ordered under other agreements.
Invoices must identify Supporting Party's name,address,and Taxpayer Identification
Number(Department only), fire name,order and request number,and bill number and
amount Invoice supporting documentation must include description of services
performed,period of services performed,and any applicable cost share agreements.
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
sseltzaerCfs.fedus I ScotLVentura@palmspringsca.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.
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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 AcL 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 OUALMCATIONS U.S.Forest Service agrees to
-send-qualified personnel who meet all the positionsequirements-specifW-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
I
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specified in National Wildfire Coordinating Group's(NWCG)PMS 310-1 to any U.S.
Forest Service incident,lMT assignment or overhead request.
27. PERSONAL PROTECTIVE EOUIPMENT 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.EQUIPMENT 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
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Party. Other accident or incident investigation costs are the fiscal responsibility of the
Party(ies)that has jurisdiction and/or investigative responsibility. The sharing of
information between Parties on accident investigations and their findings and probable
causes is a valuable tool for safety and must be encouraged.
34.FREEDOM OF INFORMATION ACT(FOIA) Any information furnished to the
Forest Service under this instrument is subject to the Freedom of Information Act(5
U.S.C. 552).
35.DEBT COLLECTION IMPROVEMENT ACT The Department shall furnish their
tax identification number(TIN)upon execution of this Agreement. The Department may
wish to enroll in the Automatic Deposit program. Information concerning this program
can be found at: www.nfc.usda.gov/dcia/eftweb.htnL
36.DUNS NUMBER The cooperator shall famish 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 trade 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.ccr.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.
f
40.MODIFICATIONS Modifications within the scope of the instrument must be made by
mutual consent of the.parties,by the issuance of a written modification, signed and dated
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by all parties,prior to any changes being performed. The U.S.Forest Service is not
obligated to fund any changes not properly approved in advance.
41. COMMENCEMENTIEXPIRATION 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: 559-2944833
sseltzner@fs.fed.us orter@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
F
written below.
-
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""�/Oe��r g4//2-
SCOTT VENTURA,Fire Chief Date
Palm Springs City Fire Department
jcdq�olym RIi���
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.
�. ZYAZ 11
TERESA M.PORTER Date
U.S.Forest Service Grants Management Specialist
Burden Statement
According to the Paperwork Reduction Ad of 1995,an agency may not(Dnluct or sponsor,and a person Is not required to respond to a collection of
information unless it displays a va8d ONE control number. The valid OM13 control number for this irdamadon collection Is 0596-0217. The Bore
required to complete this nfanation cDllection is estimated to average 4 fours per response,including the time for reviewing Instructions.searchN
existing data sources,gatisrkg and maintaining the data needed,and completing and mviawirig the collection of bdonmation.
The U.S.Deparbnent of Agriculture(USDA)prohibits discrkninetion In all its programs and activities on the basis of race,color,national origin,age,
disability,and where applicable,sex,mardal shuts,famti'al status,parental status,religion,sexual orientation,genetic information,political beefs,
reprisal,a because all or pad of an individuals ktoome is demred from,any public assskmce. (Not all prehbded bases apply to a9 programs.)
Persons wigs disabdPoes who require aitematrvemeans forcommmkatlon of program information(Braille,huge pikd audlohpe,etr)should contact
USDA's TARGET Oemerat 202.72D-2600(voice and TDD).
To&a comphnt of dscrimnation,write USDA,Dkector,Office of Civil Rights,1400 Independence Avenue,SW,Washkglon,DC 20250-9410 a
eed Will free(866)632-9992(voice). TDD uses can contact USDA ha*local relays line Federal relay at(800)877-M(TDD)or(866)377-
B642(relay voice). USDA is an equal oppmWnityproviderard employer.
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APPROVED SY C9 MANAGER
CITY MANAGER Date QN h3b �a WXJ\�
Of.zd.jp�z
CITYA ORNEY Date
CLERK Date
Baden Statement
According to the Paperwork Reduction Act of 1996,an agency may not conduct or sponsor,and a person is not requred to respond to a collection of
Information unless it displays a valid OMB control number. The valid OMB control manber for this Information collection's 0596-0217. The lime
reWed tDoomplets this Information coolecticin is estimated IDavetage 4 hours per response.Including the firm for reviewing Wiluction searabog
existing data sauces,gathering and maintaining the data needed and oDff*trg.And reviewing the collection of Information.
They U.S.Department of Agriculture(USDA)prohibits disainntation In a6I s programs and activities on the basis of race,color,national origin age.
disability,and where applicable,sex nartal satins;familial status,parental status,religion,sexual orierbfoq genetic Information,political berets,
repasal,,a because all or pad or an indWivars Income Is derived'frorn any public assistance. (Not all pmhibhed bases apply to all programs)
. Pawls whh disabilities who require after alive memsfaiornoutica0on of program i loner n(Braille,large print,audlotaps,etc.)should contact
USDA's TARGET Cauaerat 202-720-26W(voice andTOD).
To 0a a complaint of disarnination,write USDA,Director,016ce of CNN Rights,1400 Independetce Avenue,SW,Washirglon,DC 202600410 or
Cali t,>II free(866)632-9992(voice). TOD users can contact USD,A through local relay or the Federal relay at(B00)877-M UDD)or(860)377- -
8642(reayvoice).USDA's an equal opportunity,providerand employer. -
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COOPERATIVE FIRE PROTECTION AGREEMENT
EXHIBIT A
DEFINITIONS
ADMINISTRATIVE RATE:That pre-established percentage charge that will be applied
by the billing PARTY.
AIRCRAFT:Any 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.
BACEFI LLING: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 famished 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
i 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 11 of 16 03 Jan 11
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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 foes 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.
HELTTACK: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 parry 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.
I �
I
Page 12 of 16 03 Jan 11
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USDA,Forest Service OMB 0596M17
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
incidentslwildland 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 03dan 11 - -
16
USDA,Forest Service OMB 0596-0217
FS-1500-7
SUPPRESSION: All the work of confining and extinguishing a fire beginning with its
j 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 17
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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
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USDA,Forest Service OMB 0596-0217
PS-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 httu:/fwww.opm.gov, Salaries and Wages.
Personnel are hired at the rate of the position being filled,not their highest qualification.
The hourly compensation rates identified in the AOP are computed as follows:
1)Regular Compensation Rate: The rates listed include base hourly rate
determined above plus employee benefits.Employee benefits include those costs actually
incurred by the 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.Worklrest 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.
Transtiortation 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
19
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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
l
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.
I
MUTUAL AID RESPONSE PROCEDURES
i
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
fast 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
20
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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)
i
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
iby 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.
i
Page 2 of 14 03 Jan 11
21
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MOVE-UP AND COVER
"Move-up and Cover"is the reallocation of fire suppression resources from their established
1 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
1 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
i
Tactical Nets: 154.310 Tx 154310 Rx Tac 1
155.895 Tx 155.895 Rx Tac 2
Page 3 of 14 03 Jan 11 l
22
i
j
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
i
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(R5 A/G4) S 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
Wo' y.� j. +Frry�ytsvr �g✓t'is-,.. 3w e. rYf�+! �[ y A. :. i .: �axl,Ec " s��,, .,� F
1g Py �+ .P " vr•a: ,�, a y-.x t d`es+
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 760-217-9847
James Webb Batt.4420 760.323.8183 760.217.8541
Page 4 of 14 03 Jan 11
23
=-i
FOREST SERVICE DUTY OFFICER CONTACT
�I
f SUZUt
SAN BERNARD/NO NATIONAL FOREST
- FIRE and AVIATION MANAGEMENT i
i
Supelvsor's�tftce ; ,8Q9 382?�0� San;Beruardno/#78 ' sol�,3e�zees - ii
FlCC-Dispatch 909 383 5654 E.mew;y
77777777
iJame _ position Work 7Jlo6de _
909-693-
Shawna Legarza 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 961.315.6847
Leslie Crenshaw Battalion 7 Air Service M r 909.382.2989 N/A
Elizabeth Barerra Division 6 FICC Center Mgr 909.382.2749 951.316.4555
Dan Snow Safety 1 Safet /Haz Mat Officer 909.382.2633 951.313.5453
1Nountaiil7op - iNes jSkyForest s093822756„
East(Fawnskrrr Dffece 909,982 27so;.
David Kelly Division 1 Division Chief 909.382.2772 909.693.0241
Rene Vanderhooft Battalion 11 West Battalion 909.382.2769 951.316.5846
-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
24
, I
j Frant Country YVest(lyt/e Creek2 20
Division - Office)
East(Mill Creek Office) gas 382.2&1
Mike Wakoski Division 3 Division Chief 909.382.2877 951.236.1925
Soott 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 909.3822892 951.315.5853
Ken Kem ter Battalion 34 Fuels Battalion 909.382.2878 909.224.4315
San JaeJtrto DrVisron - !dy/Lyvrlrl Offi`c� sa9,3azzs22 - -
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 909.659.6130 961.315.5856
Chris Fo le Battalion 53 Suppression Battalion 909.659.3926 909.238.2107
Freddie Espinoza Battalion 54 Fuels Battalion 909.659.3924 909.573.3758
FOREST SERVICE LINE OFFICER CONTACT
Forest$ervrce Lute Officers
Namegskion = Work Moblie =`
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 Tangenberg Ran er1 District Ranger 909.382.2728 909.486.1724
Gabe Garcia Ran er 3 District Ranger. 909.382.2850 951.315.5850
Laurie Rosenthal Ran er 6 District Ranger 909.382.2922 951.228.9079
I
Page 6 of 14 03 Jan 11
25
. ......
i
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
Jand commitments.
1 TBE 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.
I
I
PAYMENT OF STRUCTURE PROTECTION
For wildfires within the Department's or Forest Service's DPA, the financial responsibility for j
the protection and suppression of structures remains with the Party who has statutory
responsibility for structure suppression and protection.
i
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.
I
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)
Deaartment Personnel and Eauiument:
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
Page 7 of 14 03 Jan it
26
i
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.
I
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. k
Any request not dispatched or processed by this ECC will not be reimbursed under this local
agreement.
Forest Service Personnel and Equipment:
r
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 I!(
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-M costs,or related charges. f
Page 8 of 14 03 Jan 11 I
27 I
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i
A 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 Win¢
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 he
determined based on personnel costs.
i
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. I-Ton Pickup)will be itemized separately.
Flight Crew and Crew Carrying Vehicle(CCV)will also be itemized separately.
WIMRE 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.
I
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
28
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
iConsideration 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.
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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.
i
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.
I
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 PROTECT 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
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in accordance with a Supplemental Project Agreement signed by each Party prior to the start of
1 the project.
WILDLAND FIRE DECISION SUPPORT SYSTEM(WFDSS)
Forest Service policy requires the use of"Wildland Fire Decision Support System" (WFDSS)for
l 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
i direct protection responsibility for the fire as an integral part of overhaullmop-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:
i
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1
SC VENTURA,Fire Chief Dat
Palm Springs City Fire Department
JODY NOIRO , 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 Date
U.S.Forest Service Grants Management Specialist
i
Page 13 of 14 03 Jan 11
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Exhibit D
2012
Annual Operating Plan
i for the
Mobilization of Supplemental Fire Department Resources
i
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:
I
FY2012 Hourly Compensation Rates for Supplemental Fire Department Resources from
PALM SPRINGS FIRE DEPARTMENT:
Personnel Status Position Type Regular Comp. Rate Overtime Comp.Rate
Base Benefits
Hourly
i
Name SR qualification $1hr $1hr $1hr
qualification $1hr $1hr $1hr
qualification $1hr $1hr $1hr
Name TSR qualification $1hr $1hr $1hr
Name SR quali cation $1hr $1hr $/hr
The regular compensation rates identified above include the following items:
Employer liability at xx%
Workers compensation at xx%
Medicare at xx%
Employer Contribution to Social Security at xx
Documentation for items included in rates will not be required to be submitted with billing,but
should be maintained, and may be requested by the government at any time.
The administrative charge on reimbursable costs for these resources is limited to 10% (rate set by
NWCG).
Page 14 of 14 03 Jan 11
33
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