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HomeMy WebLinkAboutC-23821106-,50 C-23�,�;L FS Agreement No 08FI11050100008 Modification # 2 To 2010 ANNUAL OPERATING PLAN FOR COOPERATIVE FIRE PROTECTION AGREEMENT Between Angeles National Forest And City of Arcadia Fire Department The purpose of this modification is to extend the 2010 Annual Operating Plan through April 1, 2011, or until superseded by the 2011 Annual Operating Plan, whichever comes first. Except as provided herein, all terms and conditions in the referenced document remain unchanged and in full force. APPROVAL: IN WITNESS WHEREOF, the PARTIES have executed this Annual Operating Plan as of the last date written below. Marty Dumpis ACTING FOREST SUPERVISOR ►z tS )-0t0 Date Tony L. trabbie FIRE CHIEF X244- o Date Review: j o riH` a 1 0 nne arris est Service Grants and Agreements Specialist USDA Forest Service OMB 0596 -0217 FS- 1500 -19 MODIFICATION OF GRANT OR AGREEMENT PAGE OF PAGES I 1 1 2 1. U.S. FOREST SERVICE GRANT /AGREEMENT NUMBER: 2. RECIPIENT /COOPERATOR GRANT or 3. MODIFICATION NUMBER: 08FI1150100008 AGREEMENT NUMBER, IF ANY: 1 4. NAME /ADDRESS OF U.S. FOREST SERVICE UNIT ADMINISTERING 5. NAME/ADDRESS OF U.S. FOREST SERVICE UNIT ADMINISTERING GRANT /AGREEMENT (unit name, street, city, state, and zip + 4): PROJECT /ACTIVITY (unit name, street, city, state, and zip + 4): Bonnie Harris Kris Armstrong Angeles National Forest Angeles National Forest 701 N. Santa Anita Avenue 4503 West William Barnes Ave Arcadia,CA 91006 Lancaster, CA 93536 6. NAME /ADDRESS OF RECIPIENT /COOPERATOR (street, city, state, and zip + 7. RECIPIENT /COOPERATOR'S HHS SUB ACCOUNT NUMBER (For HHS 4, county): payment use only): City of Arcadia Fire Department same as block 6 710 South Santa Anita Ave Arcadia, CA 91006 8. PURPOSE OF MODIFICATION CHECK ALL This modification is issued pursuant to provision no. THAT APPLY: ® CHANGE IN PERFORMANCE PERIOD: 12/31/2010 CHANGE IN FUNDING: ADMINISTRATIVE CHANGES: OTHER (Specify type of modification): Except as provided herein, all terms and conditions of the Grant /Agreement referenced in 1, above, remain unchanged and in full force and effect. 9. ADDITIONAL SPACE FOR DESCRIPTION OF MODIFICATION (add additional pages as needed): 10. ATTACHED DOCUMENTATION (Check all that apply): Revised Scope of Work Revised Financial Plan Other: 11. SIGNATURES AUTHORIZED REPRESENTATIVE: BY SIGNATURE BELOW, THE SIGNING PARTIES CERTIFY THAT THEY ARE THE OFFICIAL REPRESENTATIVES OF THEIR RESPECTIVE PARTIES AND AUTHORIZED TO ACT IN THEIR RESPECTIVE AREAS FOR MATTERS RELATED TO THE ABOVE- REFERENCED GRANT /AGREEMENT. I1.A. RECIPIENT /COOPERATOR SIGNATURE I I.B. DATE 11.C. U.S. FOREST SERVICE SIGNATURE, I I.D. DATE SIGNED "N-\) SIG D ..7�4Or 6 • a �- D6 2�' 2oi o (Signature of Signatory Official) (Si ature of SZgnatory Officia 11.E. NAME (type or print): TONY L. TRABBIE 11.F. NAME (type or print): JODY NOIRON I I.G. TITLE (type or print): Fire Chief City of Arcadia Fire I I.H. TITLE (type or print): Forest Supervisor Department Angeles National Forest 12. G &A REVIEW i USDA Forest Service OMB 0596 -0217 FS- 1500 -19 12.A. authority a d ormat of this modification have been reviewed and approved for signature by: 12.13. DATE SIGNED Onnie Harris &I t ,O U.S. Forest Service Grants & Agreements Specialist M C -2313 l � 3 , 7CjCqIE-MA- GAL!*G%MIA fMl11GF Mt• NlMALt Yf.N: FLf XCv June 7, 2010 To the California Fire Service: California has developed a model emergency response system to seamlessly utilize available federal, state and local government resources to protect the lives, property and natural resources of its people. However, due to heightened sensitivities concerning efficiency of services, fiscal propriety and accountability, the current administrative rate methodology contained in the California Fire Assistance Agreement (CFAA) and the proposed administrative rate for new or renewed local cooperative agreements between the USFS and local government fire agencies have become issues of contention this year. To ensure that California continues to maintain its effective and efficient emergency response system, executive staff representing the USFS, CAL FIRE, Cal EMA, FMESCOPE, and the Association of Contract Counties met to reaffirm the need for a positive working relationship through open communication, and to develop a plan of action for the upcoming year. To address the current issues and reach a mutually agreeable solution, the group committed to the following: Extend the current CFAA administrative reimbursement rate through December 31, 2010. Extend or modify existing local cooperative agreements between the USFS and local government fire agencies to meet operational needs for the current year. • Convene a working group to develop an approved administrative rate methodology for use in CFAA and all local cooperative agreements. The proposed methodology will be submitted to the Agreement Committee established within the CFAA for its review and approval by January 1, 2011. • Explore the ability to standardize agreement language and consolidate cooperative agreements where possible prior to January 1, 2011 and conduct a training program for the California fire service. We, the undersigned, are committed to resolving these issues and maintaining the positive working relationship throughout the fire service in California. The concerns of all fire agencies must be considered as we work through these issues. As this endeavor moves forward, progress updates will be on the PIRESCOPE and CWCG websites. Only with the continued cooperation among all the fed , state and local partners wall California's integrated fire response system maintain its ability to pro 'de resources_in a seamless, effective and efficient manner. RANDY FIRESCOPE DEL WALTERS LKIM ZA( Director State Fire CAL FIRE Cal EIVMA BOB ROP Chair Association of Contract Counties 1100-50 �Nw 400 c- a3 8a FS Agreement No. 08 -FI- 11050100 -008 FD Agreement No. NA FD Tax ID No. 95- 6000667 FD DUNS No. 00- 000 -0000 Exhibit B 2009 ANNUAL OPERATING PLAN FOR COOPERATIVE FIRE PROTECTION AGREEMENT Between ANGELES NATIONAL FOREST and CITY OF ARCADIA FIRE DEPARTMENT 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, 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. This AOP takes effect on July 01, 2009, 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. The DEPARTMENT will provide the FOREST SERVICE 1 Type 1 Engine 1 Chief Officer The FOREST SERVICE will provide the DEPARTMENT 5 Type 3 Engines 2 Hand Crews (if available) 2 Water tenders FS Agreement No. 08 -FI- 11050100 -008 FD Agreement No. NA FD Tag ID No. 95- 6000667 FD DUNS No. 00- 000 -0000 I Patrol - Fire Investigator Qualified 2 Chief Officers DESCRIPTION OF FOREST SERVICE DIRECT PROTECTION AREA (DPA) The following topographical and geographical description delineates Arcadia City Initial Action within the Angeles National Forest: Beginning at the Northeast corner of Section 10, Range 11 West, Township 1 North, or ( -118° 0' 46.4" 340 11' 38.4 "), this description proceed in a clockwise direction. From the northeast corner, running southerly to the southeast corner of section 10, ( -118° 0' 45.2" 341 10' 45.9 ") . From the southeast corner, turning west running westerly along the Forest boundary to a point in section 9 of, ( -118° 2' 3.4" 340 10' 45.7 "). Turning northeast approximately 1,743 feet to ( -118° 1' 47.8" 340 10' 56.9 ") of section 10. Turning north along Section 10 to the northwest corner of section 10 ( -1180 1' 48.8" 34° 11' 37.6 "). Turning east along section 10 and ending at the northeast corner of section 10. DESCRIPTION OF DEPARTMENT DIRECT PROTECTION AREA (DPA) The following topographical and geographical description delineates Angeles National Forest Initial Action with Arcadia City: Location covered is within Township 1 North, Range 11 West, Sections 16, 15, and 22. Beginning at the corner of Arno street and Liliano, ( -118° 2' 2.5" 34° 10' 16.3 "), this description proceed in a clockwise direction. From the corner of Arno street, northwesterly to the end of Liliano street ( -118° 2' 4.4" 340 10' 18.3 "). Turning northerly not following any land features, to the Forest boundary at ( -118° 2' 3.7" 34° 10' 45.6 "). Turning easterly along the Forest boundary to the northeast corner of section 15, ( -118° 0' 45.1" 34° 10' 46.0 "). Turning southerly along section 15 to ( -118° 0' 44.4" 34° 10' 14.3 ") Lower Clamshell Truck Trail. Turning southwesterly passing Cloverleaf, passing Highland following the ridge and crossing over Madison, Terrace View to ( -118° 1' 18.2" 34° 9' 17.0 ") approximately 220.8 feet westerly of Hillcrest. Turning westerly to the corner of Woodland and Highland Oaks, ( -118° 1' 43.3" 341 9' 17.7 "). Turning northerly along Highland Oaks to Elkins, ( -118° 1' 26.3" 340 10' 8.7 "). Turning westerly along Elkins to Santa Anita, ( -118° 1' 54.9" 34° 10' 8.7 "). Turning northerly along Santa Anita Avenue to Arno Street, ( -118° 1' 56.3" 340 10' 16.5 "). Turning westerly along Arno Street and ending at Liliano Street. 4, �ko Ifto FS Agreement No. 08- FI- 11050100 -008 FD Agreement No. NA FD Tax ID No. 95- 6000667 FD DUNS No. 00- 000 -0000 CLOSEST FORCES The DEPARTMENT and the FOREST SERVICE agree to adopt the "Closest Forces" concept for initial attack. This philosophy dictates that the closest available appropriate resource regardless of ownership shall be utilized initially. The emphasis to get the closest appropriate resources to respond to initial attack fires" is in the best interest of both PARTIES. This concept of "Closest Forces" will also be applied to ongoing incidents whenever there is a critical and immediate need for the protection of life and property. Beyond initial attack, the "Closest Forces" concept is modified and the Protecting PARTY will request the most appropriate resource to aid in the suppression of a wildfire. MOVE -UP AND COVER "Move -up and Cover" is the reallocation of fire suppression resources from their established location to a temporary location. For this agreement, "Move -up and Cover" is limited to moving Supporting PARTY engine companies and dozers (if applicable) to Protecting PARTY facilities which have been temporarily vacated because of emergency activity. The Protecting PARTY may provide subsistence and lodging at no cost to the Supporting PARTY. Mutual Aid (if applicable) "Move -up and Cover" will be at no cost to the Protecting PARTY for the initial Mutual Aid period agreed to in this Agreement. While in the Mutual Aid period (if applicable), if the Supporting PARTY'S resources are dispatched by the Protecting PARTY to a fire, Assistance by Hire will apply unless the fire is located in an area of predetermined aid (as agreed to in this Agreement). In no case will FOREST SERVICE resources be held in "Move -up and Cover" status beyond the end of their 16 hour maximum duty day. SINGLE POINT RESOURCE ORDERING Any and all requests for emergency assistance and incident support on cross boundary incidents must be clear and precise and shall be processed and recorded through a single dispatching center identified by the Incident Commanders of both PARTIES (Unified Command) and supported by order and request numbers. 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. FS Agreement No. 08- FI- 11050100 -008 FD Agreement No. NA FD Tax ID No. 95- 6000667 FD DUNS No. 00 4)00 -0000 SHARING FREQUENCIES The DEPARTMENT agrees to authorize use by the FOREST SERVICE of the following frequencies: Command Nets: Name: Red 1 ICIS (UHF) 487.2750Tx 484.2750Rx Name: Repeated 626 - 437 -1204 Battalion Chief Conventional 12 Tactical Nets: 153.8900Tx 153.8900Rx Name: Green -3 154.2800Tx 154.2800Rx Name: OES Whitel 154.2650Tx 154.2650Rx Name: OES White 2 154.2950Tx 154.2950Rx Name: OES White 3 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: 172.375Tx 172.375Rx Name: ANF F -1 Command Nets: 169.950Tx 172.375Rx Name: ANF F -2 Command Nets: 170.000Tx 170.000Rx Name: Air to Ground Tactical Nets: 168.200Tx 168.200 Rx Name: TAC 2 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 Fire Chief Tony Trabbie 626- 353 -8428 Deputy Fire Chief Dave Haney 626 - 437 -1204 Battalion Chief Kurt Norwood 626-437-4289 Battalion Chief Rick Braun 626- 716 -7155 Battalion Chief Barry Spriggs 626 -716 -2493 4 FS Agreement No. 08- FI- 11050100 -008 FD Agreement No. NA FD Tax ID No. 95- 6000667 FD DUNS No. 00 -000 -0000 FOREST SERVICE DUTY OFFICER CONTACT See Appendix A FOREST SERVICE LINE OFFICER CONTACT Jody Noiron Forest Supervisor (626) 574 -5216 Marty Dumpis Deputy Forest Supervisor (626) 574 -5276 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 Fire Department's drawdown and commitments. Dave Haney STEN, TFLD, DIVS -T Kurt Norwood STEN, DIVS -T Rick Braun STEN Barry Spriggs STEN -T 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 Department when assigned to incidents. 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. n en FS Agreement No. 08 -FI- 11050100 -008 FD Agreement No. NA FD Tax ID No. 95- 6000667 FD DUNS No. 00- 000 -0000 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 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. The costs of employees filling the backfill need are not reimbursable. The reimbursement rates for the employees that are utilized as provided by this agreement are designed to provide financing for the backfill need (this applies to Battalion Chief and below rates). 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. OES F -42 (Emergency Activity Record) will not be used. Reimbursement will only be allowed if authorized in the agreement or corresponding AOP. Resource orders or any documentation produced on the incident will not be the basis for authorizing reimbursement. For Reimbursement under the terms of this agreement all resource orders must be dispatched and processed by the Angeles National Forest Emergency Communication Center (CA- ANCC /CA- ANF) any request not dispatched or processed by Angeles National Forest Emergency Communication Center will not be reimbursed under local agreement. 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: FS Agreement No. 08 -FI- 11050100 -008 FD Agreement No. NA FD Tax ID No. 95- 6000667 FD DUNS No. 00- 000 -0000 1. DEPARTMENT PERSONNEL: Personnel rates will be developed by the DEPARTMENT according to the following guidelines: a. Rates will be averages of actual costs for each position title the DEPARTMENT will list in the AOP. b. Rates will include the following DEPARTMENT costs: 1. Straight time salary rate. 2. Any Special or incentive rates for the position. 3. Employee Benefits a. Retirement contribution b. Medical insurance c. Dental insurance d. Vision insurance e. Life insurance 4. Worker's Compensation insurance 5. Unemployment insurance c. To provide for Backfill funding, rates for Battalion Chief and below will be entered in the AOP at 1.5 times the straight time cost resulting from a. and b. above. d. Since there usually is not Backfill for positions above Battalion Chief, the rates entered in the AOP for these positions will be the straight time rate resulting from a. and b. above. All personnel hours will be reimbursed portal -to -portal at the rates listed in the current AOP. 2. 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 herein, and independent action situations). The DEPARTMENT will be billed for support to incidents that are the jurisdictional responsibility of the DEPARTMENT. 3. APPARATUS AND SUPPORT EOUIPMENT: 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 equipment. These rates will be updated annually (if necessary), agreed to in advance, and published herein. Rates for motorized equipment will not include costs of motor fuels and FS Agreement No. 08- FI- 11050100 -008 FD Agreement No. NA FD Tax ID No. 95- 6000667 FD DUNS No. 00- 000 -0000 lubricants. The protecting agency will provide fuel and lubricants while the equipment is on the incident. The supporting agency will provide fuel and lubricants while the equipment is in route to the incident and while returning to the home unit. c. EMERGENCY EOUIPMENT RENTAL AGREEMENT (EERA) The DEPARTMENT and FOREST SERVICE agree to jointly use Emergency Equipment Rental Agreements (`SERA ") 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. 1 -Ton Pickup) will be itemized separately. Flight Crew and Crew Carrying Vehicle (CCV) will also be itemized separately. 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. TRAINING The FOREST SERVICE agrees to allow the DEPARTMENT to use a designated area of Forest Service property located at 701 N. Santa Anita Ave., Arcadia, CA for DEPARTMENT training activities including confined space, ventilation and other training actions deemed appropriate by the FOREST SERVICE and the DEPARTMENT. The DEPARTMENT is responsible for all permitting, clean-up, waste water reclamation/disposal an appropriate management of all other by- products of the training activities. FS Agreement No. 08 -FI- 11050100 -008 FD Agreement No. NA FD Tax ID No. 95- 6000667 FD DUNS No. 00- 000 -0000 EQUIPMENT & FIREFIGHTER PAY RATES AND CLASSIFICATION 2009 PUBLISHED DEPARTMENT PERSONNEL RATES: The Arcadia Fire Department Average Salary Rates for Outside Billing purposes for FY 2009 -10 are constituted as follows: ADMINISTRATIVE RATE Either PARTY may assess an administrative charge on reimbursable costs related to this agreement. The Department has three choices for their administrative rate: • Department rate established according to OMB Circular A -87 • Current CFAA administrative rate • Current Forest Service burden rate This DEPARTMENT rate, based on the DEPARTMENT'S established administrative rate (OMB circular A -87, 60 FR 26484, dated May 17th, 1995), during the effective date of this AOP will be: 16.5% The FOREST SERVICE will assess an administrative rate to reimbursable costs related to this agreement. This administrative rate during the effective date of this AOP will be: 8% FS Agreement No. 08- FI- 11050100 -008 FD Agreement No. NA FD Tax ID No. 95- 6000667 FD DUNS No. 00- 000 -0000 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. Address of Forest Service: Angeles National Forest Attention: Dawn Lepo 4503 West William Barnes Ave Lancaster, Ca 93536 Address of Fire Department: City of Arcadia Fire Department 710 South Santa Anita Ave Arcadia, CA 91007 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 10 FS Agreement No. 08 -FI- 11050100 -008 FD Agreement No. NA FD Tax ID No. 95- 6000667 FD DUNS No. 00- 000 -0000 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. 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. 11 n n FS Agreement No. 0841- 11050100-008 FD Agreement No. NA FD Tax ID No. 95- 6000667 FD DUNS No. 00- 000 -0000 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 agrees to provide resources and support as requested, to the best of their abilities, for non -fire projects such as prescribed burns and facility /compound maintenance. Such use of personnel and resources will be documented in separate project agreements signed by both PARTIES prior to the start of work. The project agreement will include a description of the work to be accomplished, the resources to be utilized, and the costs to be reimbursed. WILDLAND FIRE DECISION SUPPORT SYSTEM (WFDSS) FOREST SERVICE policy requires that "Wildland Fire Decision Support System" (WFDSS) be used for all fires on or threatening FOREST SERVICE administered lands that have escaped initial attack. The procedures require the FOREST SERVICE to participate in developing incident objectives for the suppression action. The FOREST SERVICE agrees to prepare the WFDSS documents and associated products, in addition to assisting in the development of the incident objectives. The FOREST SERVICE Line Officer or his/her representative will approve the completed WFDSS products 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 WFDSS. The FOREST SERVICE will ask the DEPARTMENT Incident Commander for input on the WFDSS. 12 n FS Agreement No. 0841- 11050100-008 FD Agreement No. NA FD Tax ID No. 95- 6000667 FD DUNS No. 00- 000 -0000 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. 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 map 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. 13 FS Agreement No. 0841- 11050100-008 FD Agreement No. NA FD Tax ID No. 95- 6000667 FD DUNS No. 00- 000 -0000 APPROVAL: IN WITNESS WHEREOF, the PARTIES have executed this Annual Operating Plan as of the last date written below: d�v� L)&M Jody Noiron Forest Supervisor Angeles National Forest /Date ' I Donnie Harris FOREST SERVICE GRANTS AND AGREEMENTS SPECIALIST Daij 14 Tony Trabbie Fire Chief Arcadia Fire Department Date * FS Agreement No. 08- FI- 11050100 -008 FD Agreement No. NA FD Tax ID No. 95- 6000667 FD DUNS No. 00- 000 -0000 ANNUAL REVIEW: IN WITNESS WHEREOF, the PARTIES have completed the annual review of this AOP on the date written below: Jody Noiro Forest Supervisor Angeles National Forest lu tog Date 15 Tony Trabbie Fire Chief Arcadia Fire Department 4 •.ZA b4 Date 09 FOREST SERVICE DUTY OFFICER CONTACT - Appendix A fppc5< sew USANGELES NATIONAL FOREST CM/0f FIRE and AVIATION MANAGEMENT E5 Supervisor's Office Fire Staff 626.574.1613 Fox Field ATB 661.723.2740 Mobile Jody Noiron FICC Dispatch 661.723.3620 Emergency 661.723.3620 Name Position Work Mobile David Conklin Chief 1 Chief 626.574.5223 818.424.4084 John Thomas Chief 2 De Chief 661.723.2751 661.400.9697 Diane Travis Division 4 Forest Fuels Officer 661.944.2188 626.716.1024 James Hall Division 5 Forest Prevention Officer 661.723.2754 818.259.0911 Gary Maddux Division 6 ECC Center Manager 661.723.2707 661.886.0526 Lance Weinrich Division 7 Forest Aviation Officer 661.723.2741 661.803.6350 Kris Armstrong Division 8 Forest Fire Planner 661.723.2714 661.324.7297 Tracy Mc Guff Division 9 Forest Training Officer 818.899.4516 661.912.6869 Los Angeles River Ranger Disbfct 818.899.1900 Wil Spyrison Division 1 Division Chief 818.899.1900 818.324.3641 Tim Davis Battalion 11 Suppression Battalion 818.899.1900 Rudy Medrano Battalion 12 Suppression Battalion 818.899.1900 818.3243642 Mark Aguirre Battalion 13 Prevention Battalion 818.899.1900 626.261.3856 Scott Lowden Battalion 14 Fuels Battalion 818.899.1900 818.298.9306 San Gabriel River Ranger District 626.335.1251 - Eric McCormick Division 2 Division Chief 626.335.1251 626.297.3192 Loring Buchwald Battalion 21 Suppression Battalion 626.335.1251 626.297.3196 John Flores Battalion 22 Suppression Battalion 626.335.1251 626.388.6723 Larry Brown Battalion 23 Prevention Battalion 626.335.1251 626.297.3191 Byron Kimball Battalion 24 Fuels Battalion 626.335.1251 626.388.6013 Santa Clara Mojave Rivers Ranger District 661.296.9710 John Lane Division 3 Division Chief 661.296.9710 661.400.4283 Rod Guillory Battalion 31 Suppression Battalion 661.296.9710 661.433.9286 Kenny EII son Battalion 32 Suppression Battalion 661.296.9710 661.305.7079 Ramiro Gomez Battalion 33 Prevention Battalion 661.296.9710 661.203.9462 Karen Bauman Battalion 34 Fuels Battalion 661.296.9710 661.609.5130 Forest Line Officers Position Work Mobile Jody Noiron Forest Supervisor 626.574.5216 626.590.7628 Marty Dum is Deputy Forest Supervisor 626.574.5276 626.297.3205 Mike McIntyre Ran er 1 District Ranger 818.899.1900 818.298.8806 L'Tan a Watson Ran er 2 District Ranger 626.335.1251 626.201.3205 Bob Blout I Ran er 3 District Ranger 661.296.9710 661. ACTIVITY RECORD '' FOREST SERVICE, REGION 5 LOCAL COOP ,EMTIVE FIRE AGREEMENT bxhi bi{- C AGREEMENT NO: DEPARTMENT: Date and Time Departed: / hrs. Return Date and Time: / hrs. DISPATCH INFORMATION Incident Name: Incident Number: Resource Order Number PERSONNEL INFORMATION Reporting Location Incident Code: Reporting Date/Time: Dates of Services Request Payroll Name(s) /CS Position Total Hours to be Number reimbursed APPARATUS /EQUIPMENT /VEHICLE INFORMATION Dates of Services Type of Apparatus /Module Engine, Water Tender, Dozer, Crew or Other Strike Team # Apparatus or Vehicle # Vehicle Cate o sedan suv an PU 2x4 44 Vehicle Information POV or Rental Company Total Mileage or Operating Hours Signature of Authorizing Officer For Department: Date Signed: Approved by IC or FSC: Date: Questions concerning completion of this form contact: USDA -FS, Region 5, FAM Staff Incident Administration, Phone: (707) 562 -8829 Fo D' t 'b t' rm Is n u Ion. Original: Local Government Agency (Attach to Dept invoice /bill) Copy: Incident Management Team Finance Section aFSLA -5 (0512008) FS Agra went No. 0841- 11050100-008 � J COOPERATIVE FIRE PROTECTION AGREEMENT �. r BETWEEN ANGELES NATIONAL FOREST AND CITY OF ARCADIA FIRE DEPARTMENT THIS COOPERATIVE FIRE PROTECTION AGREEMENT is made and entered into by and between the USDA Forest Service, Angeles National Forest, hereinafter referred to as the FOREST SERVICE, and the City of Arcadia 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 -Thye 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. H. STATEMENT OF MUTUAL BENEFITS AND INTERESTS The FOREST SERVICE and DEPARTMENT have responsibilities for prevention and suppression on lands administered by each agency, on private lands, and on other lands for which both parties have assumed fire management responsibilities through authorized agreements. As both PARTIES maintain prevention 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. III. DEFINITIONS See Exhibit A. IV. GENERAL PROVISIONS 1. ANNUAL OPERATING PLANS The PARTIES will meet annually, prior to June 1, 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 M FS Agreement No. 084I- 11050100-008 efficient implementation. This AOP shall become attached to and made a part of this Agreement. 2. RECIPROCAL FIRE PROTECTION (MUTUAL AID) As deemed appropriate, the PARTIES will establish reciprocal initial attack areas for lands of intermingled or adjoining protection responsibilities. Within such areas a Supporting PARTY will, upon request or voluntarily, take initial attack action in support of the Protecting PARTY. The Protecting PARTY will not be required to reimburse the Supporting PARTY for initial attack actions taking place in these areas within the first 12 hours following initial dispatch of suppression resources. All assistance beyond this mutual aid period will be Assistance by Hire and will be billed retroactively for the full period from the time of initial dispatch. Reciprocal initial attack will follow the guidelines specified in the attached AOP. 3. ASSISTANCE BY HIRE Assistance by Hire is the provision of fire suppression resources, by one PARTY to another, on a reimbursement basis. All requests to hire fire protection assistance must be clear and precise and shall be processed and recorded through the dispatching systems of the PARTIES. Requests not processed in this manner will not be reimbursable. Personnel, equipment, supplies or services provided by the Supporting PARTY and essential to filling the resource order, which are necessary and reasonable, shall be considered as reimbursable as Assistance by Hire. The DEPARTMENT may provide out -of -state assistance to the FOREST SERVICE when requested. Such assistance will be Assistance -by -Hire unless otherwise specified as mutual aid in the AOP pursuant to this agreement. Except for Mutual Aid, all requests for fire suppression assistance in either PARTY'S DPA shall be Assistance by Hire. Any other resources provided by a supporting PARTY, and not specifically ordered by the protecting PARTY, shall be considered a voluntary contribution. 4. INDEPENDENT ACTION Except as otherwise described in the AOP, any party on its own initiative and without reimbursement may go upon lands protected by the other PARTY to suppress wildfires, if the fire is a threat to property within that PARTY'S protection responsibility. In such instances, the PARTY taking action will promptly notify the protecting PARTY. If either PARTY takes action on a fire independently, the Supporting PARTY will furnish the Protecting PARTY a preliminary report (oral) within 24 hours of the action taken and a written incident report with 10 days. 5. CLOSEST FORCES The PARTIES agree to aggressively pursue initial attack plans that utilize "Closest Forces" wherever appropriate, and to identify preplanned initial attack areas within their respective jurisdictions. This philosophy dictates that the closest available resources, regardless of ownership, shall be utilized initially. The emphasis to get the closest resources to respond to initial attack fires is in the best interest of all PARTIES. 0) fir/ FS Agreement No. 08- FI- 11050100-008 6. NOTIFICATIONS Each PARTY will promptly notify the Protecting PARTY of fires burning on or threatening lands for which that PARTY has protection responsibility. When taking action, the Supporting PARTY will, as soon as possible, notify the Protecting PARTY in accordance with the AOP; detailing what equipment and personnel have been dispatched to the incident location. 7. BOUNDARY LINE FIRES Boundary line fires will be the initial attack responsibility of the Protecting PARTIES on either side of the boundary. Neither PARTY will assume the other is aware of the fire, or is taking action. The officer -in -charge who arrives first at the fire will act as Incident Commander. When both PARTIES have arrived it will be mutually agreed to the designation of the Incident Commander or the initiation of a Unified Command Structure. 8. COST SHARING On multi jurisdictional incidents and incidents which threaten or 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, warehouses, vehicles, fire equipment, remote automated weather stations and communications equipment. AOPs may outline conditions for specific situations. Whenever it has been mutually agreed, fees 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 PROJECTS The PARTIES may jointly conduct appropriate mutual interest projects to maintain or improve the fire protection capability of the PARTIES. Such projects will be properly documented, with the objectives of each undertaking and the role each PARTY will play in accomplishing that objective fully explained. Anticipated cost and the amount of each PARTY'S share of the cost will be shown and itemized. 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 M FS Agreement No. 08- FI- 11050100 -008 and information pertaining to the origin and cause of the fire. To the extent permitted by applicable County, State and Federal laws, the PARTIES will cooperate to jointly investigate wildland fires of mutual interest and provide the appropriate jurisdictional PARTY with investigation files relative to specific fires. 14. 1RAWIN G The PARTIES will cooperate to insure that jointly provided training will produce safe and effective fire and aviation programs. The intent is to provide high quality training that will minimize training costs by sharing of resources, standardization of courses, improve firefighting efficiency and safety. Training also includes participation of fire team members at annual Incident Management Team meetings so members can maintain competency for their specific positions. Each PARTY will bear the cost of training for their respective employees unless specifically addressed in the AOP. 15. FIRE TRAINING CENTERS The PARTIES to this Agreement agree to reimburse (or bill) the other PARTY for fire training rendered at PARTY'S training center(s). Billing and reimbursement procedures for this training will use the process identified at the respective fire training facility. Reimbursement and billing arrangements for the rent of either PARTY'S training facilities is also considered part of this Agreement and billings will also be processed as identified by each training facility. 16. BILLING PROCEDURES The Supporting PARTY will bill the Protecting PARTY for costs incurred for assistance provided and identified as reimbursable. Reimbursable costs may also include transportation, salary, benefits, overtime, and per diem of DEPARTMENT personnel assigned to FOREST SERVICE Incident Management Teams and miscellaneous overhead assignments. Rates and conditions of use for the equipment and personnel will be mutually agreed to and documented in the AOP. The costs of "backfilling" employees of either PARTY into local home unit positions for personnel that have been mobilized to incidents are not reimbursable. PARTIES shall submit a bill within 90 days of the incident. PARTIES must use their own invoice for billing under this Agreement to avoid any confusion with other services that may have been ordered under other agreements(s). For the purpose of this Agreement, OES F -42 is not an acceptable support document. Invoices must identify Supporting PARTY name, address, and Taxpayer Identification Number (DEPARTMENT only), fire name, order and request number, and bill number and amount. Invoice supporting documentation must include description of services performed, period of services performed, and any applicable cost share agreements. Supporting documentation will itemize details of billing, listing personnel, equipment, travel and per diem, aircraft, supplies and purchases as approved in the attached AOP. 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" 4 cm FS Agreement No. 08- FI- 11050100 -008 OMB Circular A -87 (60 FR 26484, dated May 17th, 1995). Applicable administrative rates must be approved and identified in the attached AOP. Invoices for services under this agreement must be sent to: Address of the Forest Service: Angeles National Forest* 4503 William Barnes Avenue Lancaster, CA 93536 * The Angeles National Forest is responsible to verify all billings prior to forwarding the bills to the Albuquerque Service Center for payment. USDA- FS -ASC Incident Business 101B Sun Ave, NE Albuquerque, NM 87109 Address of Fire Department: City of Arcadia Fire Department 710 S. Santa Anita Avenue Arcadia, CA 91006 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 Either PARTY will inform the other PARTY of prescribed fires it is managing. Support during a prescribed burn is not covered under this Agreement. 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. 5 n FS Agr ment No. 08- FI- 11050100 -008 Legal citations for this use are not outlined in this Agreement and therefore reimbursement provisions may be different than what is described herein. 21. EMPLOYMENT POLICY Employees of the parties to this Agreement shall at all times be subject only to the laws, regulations, and rules governing their employment, regardless of incident location, and shall not be entitled to compensation or other benefits of any kind other than specifically provided by the terms of their employment. 22. EXAMINATION OF RECORDS Each PARTY shall give the other, or their authorized representative, access to, and the right to examine all records, books, papers and documents related to this Agreement. PARTIES shall make supporting documents available for a period of 3 years after final payment. 23. PREVIOUS AGREEMENTS CANCELED This Agreement supersedes and cancels any prior Cooperative Fire Protection Agreement between the PARTIES. 24. FUNDING LIMITATION Nothing herein shall be considered as obligating either PARTY to expend, or as involving either PARTY in any contract or other obligation for the future payment of, money in excess of funding approved and made available for payment under this Agreement and any modification thereto. 25. MODIFICATIONS Modifications to this Agreement shall be made by mutual consent of the parties, by the issuance of a written modification, signed and dated by both parties, prior to any changes being made. 26. NATIONAL INTERAGENCY INCIDENT MANAGEMENT SYSTEM The PARTIES to this Agreement will operate under the concepts defined in the National Interagency Incident Management System (NIIMS) including: Incident Command System (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 FSH 5109.17 (meets or exceeds PMS 310 -1) to any DEPARTMENT incident. The DEPARTMENT agrees to send qualified personnel who meet the training and qualification standards specified in National Wildfire Coordinating Group's (NWCG) PMS 310 -1 to any FOREST SERVICE incident, IMT assignment or overhead request. 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. 9 M FS Agreement No. 08- FI- 11050100 -00s 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. EQUIPMENT 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. 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. 2004d, 2000e -16), which prohibits discrimination on the basis of race, color, disability, or national origin; (b) Title IX of the Education amendments of 1972, as amended (20 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). 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. TERMINATION Both PARTIES retain the right to terminate their participation under this Agreement by providing 30 days written notice to the other PARTY. 7 M FS Agreement No. 08 -FI- 11050100 -008 37. LEGAL AUTHORITY The DEPARTMENT certifies that the person executing this on their behalf has the legal authority to enter into this Agreement. 38. COMMENCEMENT/EXPIRATION DATE This instrument is executed as of the date 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 David R. Conklin Chief, Fire and Aviation Management (626) 574 -5223 Fax: (626) 574 -5233 dconklin @fs.fed.us DEPARTMENT CONTACT Tony L. Trabbie Fire Chief (626) 574 -5100 ttrabbie@ci.arcadia.ca.us FOREST SERVICE GRANTS AND AGREEMENTS SPECIALIST Bonnie Harris Grants and Agreements Coordinator (626) 574 -5246 FIRE DEPARTMENT ADMINISTRATIVE CONTACT David Haney Deputy Fire Chief (626) 574 -5134 DEPARTMENT TAXPAYER IDENTIFICATION NUMBER: 95- 6000667 E:3 i FS Agr*ent No. 08 -FI- 11050100-008 Harris ' T SERVICE GRANTS AND ?MENTS SPECIALIST APPROVAL: Tony L. Trabbie FIRE CHIEF •.�3 .cg Date APPROVED AS TO FORl1(I: Stephen P. Deitsch CITY ATTORNEY IN WITNESS WHEREOF, the parties have executed this Agreement as of the last date written below: Jody Noiron Donald Penman FOREST SUPERVISOR CITY MANAGER -7 IZ-01 as 41.211 Date Date Exhibit A, Definitions Exhibit B, Annual Operating Plan Exhibit C, Form FSLA -5 Record of Activity Exhibit D, Initial Action Zone Map 0 n FS Agr ement No. 08 -FI- 11050100-008 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. Reimbursement may be actual cost or according to pre - established rates. AVAILABLE: Following the Incident Command System protocols, the status of a fire fighting resource that indicates its availability for assignment on an incident. BACKFILLING: The act of providing cover staffing at the station or administrative site that has been vacated by the resources provided to the incident BOUNDARY FIRE: A fire burning on or directly adjacent to the Direct Protection Boundary between the DEPARTMENT and the FOREST SERVICE. CLOSEST FORCES CONCEPT: The philosophy of committing the closest available appropriate resources, regardless of ownership, as described in the Annual Operating Plan, to a wildfire for initial attack or for critical need. COOPERATIVE FIRE PROTECTION: Specific fire protection services furnished by one party to the other on a reimbursable basis pursuant to the Annual Operation Plan. COST SHARE AGREEMENT: An interagency agreement describing the conditions and/or percentage of DEPARTMENT and FOREST SERVICE financial responsibility for costs incurred as a result of jointly approved operations pursuant to the terms of this agreement. DETECTION: The act or system of discovering and locating a fire. DIRECT PROTECTION AREA (DPA): That area which, by law or pursuant to the terms of this agreement, is provided wildland fire protection by the DEPARTMENT or by the FOREST SERVICE. DPAs may include a mixture of DEPARTMENT and FOREST SERVICE responsibility areas. 10 FS Agreement No. 08 -FI- 11050100-008 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. 11 *4W *00 FS Agreement No. 08 -FI- 11050100-008 MUTUAL AID: Automatic initial attack response by suppression resources (excluding aircraft and pilot[s]) as specified in the Operating Plan for specific pre - planned initial attack response areas and provided at no cost to the Protecting PARTY for the first specified hours from the time of initial report. Mutual Aid is limited to those Initial Attack resources or move -up and cover assignments that have been determined to be appropriate in the annual Operating Plans. Aircraft (fixed and rotary- winged, including pilot[s]) shall always be Assistance by Hire. PRESCRIBED FIRE: The planned use of fire on wildlands to accomplish specific objectives including reducing fire hazard, providing flood protection, enhancing wildlife and fisheries, or improving water yields and/or air quality. PROTECTING PARTY: The PARTY responsible for providing direct wildland fire protection to a given area pursuant to this agreement. RECIPROCAL FIRE PROTECTION (MUTUAL AID): Automatic initial attack response by suppression resources as specified in the Annual Operating Plan for specific pre - planned initial attack response areas and provided at no cost to the PROTECTING PARTY for the specified mutual aid period. Aid is limited to those resources or move -up and cover assignments that have been determined to be appropriate in the Annual Operation Plan. REIMBURSABLE WORK: Reinforcements exceeding reciprocal fire protection services furnished by either PARTY, at the request of the other, or fire protection furnished as a chargeable cooperative fire protection service REPAIR OF SUPPRESSION ACTIVITY DAMAGE: Those activities undertaken by fire suppression forces during or immediately after the control of a wildfire to insure the prevention of erosion or to repair other damages resulting from fire suppression activities. SUPPORTING PARTY: The PARTY directly contributing suppression, rescue, support or service resources to the PARTY possessing direct fire protection responsibility for the area upon which an incident is located. SUPPRESSION: All the work of confining and extinguishing a fire beginning with its discovery. UNIFIED COMMAND: The organizational structure implemented on multi jurisdictional incidents. The PARTIES' Incident Commanders will jointly determine incident objectives. WILDFIRE: An unwanted fire burning uncontrolled on wildland. WILDLAND: Lands covered wholly or in part by timber, brush, grass, grain, or other flammable vegetation. 12 n Exhibit B 2008 FS Agrt,nt No. 08 -FI- 11050100-008 FD Tax ID No. 95- 6000667 ANNUAL OPERATING PLAN FOR COOPERATIVE FIRE PROTECTION AGREEMENT Between ANGELES NATIONAL FOREST and CITY OF ARCADIA FIRE DEPARTMENT ANNUAL OPERATING PLAN The PARTIES will meet annually, prior to June 1 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. 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. M FS Agrnt No. 08 -FI- 11050100 -008 FD Tax ID No. 95- 6000667 Under the concept of Closest Forces the PARTIES agree to provide the following resources in the event of a reported wildland fire with the Mutual Aid area defined in Exhibit D. The DEPARTMENT will provide the FOREST SERVICE • One (1) ICS type 1 • One (1) Chief Officer The FOREST SERVICE will provide the DEPARTMENT • Five (5) ICS type 3 engines • Two (2) type 1 or 2 handcrews • Two (2) watertenders • One (1) Fire Investigator/Fire Patrol • Two (2) Chief Officers 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 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 is not applicable for "Move -up and Cover" assignments and the Protecting PARTY will be billed for this service under Assistance by Hire. While in "Move Up and Cover" status, 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 n FS Agrnt No. 08 -FI- 11050100-008 FD Tax 1U No. 95- 6000667 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. These frequencies will be used for fire /emergency only within or adjacent to the DEPARTMENT'S responsibility area. Command Net: Name: Red 1 ICIS (UIF) Tactical Nets: 487.2750 Tx 484.2750 Rx Name: Repeated Conventional 12 153.8900 Tx 153.8900 Rx Name: Green -3 154.2800 Tx 154.2800 Rx Name: OES White- 1 154.2650 Tx 154.2650 Tx Name: OES White- 2 154.2950 Tx 154.2950 Tx Name: OES White- 3 The FOREST SERVICE agrees to authorize use by the DEPARTMENT of the following frequencies. These frequencies will be used for fire /emergency only within or adjacent to the FOREST SERVICE'S responsibility area. Command Nets: 172.375 Tx 172.375 Rx Name: ANF F -1 169.950 Tx 172.375 Rx Name: ANF F -1 170.000 Tx 170.000 Rx Name: ANF F -1 Tactical Nets: 168.200 Tx 168.200 Rx Name: TAC 2 M OPERATIONAL & DUTY OFFICER CONTACTS DEPARTMENT DUTY OFFICER CONTACT • Battalion Chief Kurt Norwood — 626- 437 -4289 • Battalion Chief Rick Braun — 626 - 716 -7155 • Battalion Chief David Odell — 626 - 716 -2493 FOREST SERVICE DUTY OFFICER CONTACT • Division Chief Will Spyrison — 818 - 899 -1900 x 234 • Battalion Chief Rudy Madrano — 818 - 899 -1900 x 238 FOREST SERVICE LINE OFFICER CONTACT • District Ranger Mike McIntrye — 818 -899 -1900 • Forest Supervisor Jody Noiron — 626 -574 -5217 FS Agr ent No. 08 -FI- 11050100-008 FD TaxNo. 95- 6000667 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: 4 n 1. PERSONNEL: Please see Exhibit "A" for rates FS Agrnt No. 08 -FI- 11050100 -008 FD Tag M No. 95- 6000667 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. b. 40 -hour Personnel In accordance with the definition and description of Assistance by Hire, costs incurred by DEPARTMENT in sending resources in response to requests from the FOREST SERVICE for assistance with 40 -hour personnel is a combination of Straight -time with Benefits, plus Overtime (time and one -half) with Benefits, Portal-to- Portal. Assistance by Hire rates for 40 -hour Personnel will be developed, agreed to in advance, and published annually herein, based on the weighted average of Straight -time with Benefits (23.8 %) and Overtime (time and one -half) with Benefits (76.2 %) by rank. c. Management Personnel Reimbursement by the FOREST SERVICE for DEPARTMENT Management Personnel will be based on Straight time with Benefits, for hours worked. As Management, these personnel are not eligible for Overtime at time - and - one -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. See Exhibit A for billable rates. M 2. APPARATUS AND SUPPORT EOUIPMENT: FS Agr%.Je nt No. 08- FI- 11050100-008 FD TaxNo. 95- 6000667 a. 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). b. 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. c. 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. d. SUPPORT EQ MMENT 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. n FS Agr%,&*nt No. 0841- 11050100-008 FD Tax ID No. 95- 6000667 EQUIPMENT & FIREFIGHTER PAY RATES AND CLASSIFICATION, 2008 PUBLISHED DEPARTMENT PERSONNEL RATES: See attached rate schedule Privately Owned Vehicles: $0.505 per mile ITEMS NOT REIMBURSABLE The following items are not reimbursable in the execution of this Agreement and are considered standard personal support supply /equipment. • Incident position support kits • Calculators • Computers • Printers • GPS units • Cell phones and cell phone charges • Personal telephone charges • Support items normally available in Supply Unit, e.g. tents, sleeping bags, pads, water coolers, etc. DURATION OF ASSIGNMENTS Consideration must be given to the health and safety of personnel when assigned to fires 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. M REST AND RECUPERATION FS Az nt No. 084141050100-008 FD Tax No. 95- 6000667 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. 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. 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. The FOREST SERVICE agrees to allow the DEPARTMENT to use a designated area of Forest Service property located at 701 N. Santa Anita Avenue, Arcadia, CA for DEPARTMENT training activities including confined space, ventilation and other training actions deemed appropriate by the FOREST SERVICE and the DEPARTMENT. The DEPARTMENT is responsible for all permitting, clean -up, waste water reclamation/disposal and appropriate management of all other by- products of the training activities. 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. 8 n MAPS TO SUPPORT ANNUAL OPERATING PLAN FS A ent No. 08 -n- 11050100-008 FD Tax ID No. 95- 6000667 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): Arcadia Fire, Forest Service Initial Action Zone 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: Jo �OW JODY NOIR N D a—tT TONY L. TRABBIE Date Forest Supervisor Department Chief 9 0 FS Agent No. 08 -FI- 11050100-008 FD Tax ID No. 95- 6000667 Arcadia Fire Department Rates May 1, 2008 to April 3O, 2009 PERSONNEL RESOURCES HOURLY RATE Fire Chief $155 Deputy Fire Chief $131 Battalion Chief (Shift) $99 Fire Captain $77 Fire Engineer $65 Firefighter/Paramedic $65 Firefighter $56 EQUIPMENT RESOURCES HOURLY RATE Four Person Engine $358 Three Person Engine $295 One Person Engine (Engineer) $157 Two Person Paramedic Ambulance $218 One Person Patrol $88 Emergency Support Vehicle $14 Support Vehicle (Non Fire Line) $7 10 ' FS Agr*4*knt No. 08 -FI- 11050100-008 FD Tax ID No. 95- 6000667 United States Forest Service Rates May 23, 2005 Until Rescinded File Code: 6150 -3 Route To: (1580), (5100) Date: May 23, 2005 Subject: Forest Service Reimbursement Rates to be Used with "Local Fire Protection Agreements" To: Forest Supervisors PERSONNEL PAY RATES Personnel rates remain the same as were set in 2004 by utilizing a combination of the existing Administratively Determined (AD) Pay Plan, California Department of Forestry (CDF) Emergency Firefighter (EFF) rates, and averages taken from the annual OES "Salary Survey ". Rates are modified by a factor of 1.25 to represent overtime that would occur should a 16 hour shift be implemented. Consequently, the rates have embedded within them an overtime component. Firefighter $14.60 per hour Apparatus Engineer $18.25 per hour Engine Captain $18.25 per hour Flat Rate for Crew $5,090 per day Company Officer $18.25 per hour Battalion Chief $20.40 per hour Division Chief $22.95 per hour Assistant Chief $25.69 per hour Deputy Chief $27.88 per hour Chief $30.50 per hour Administrative Personnel $18.25 per hour 11 • FS A nt No. 08 -FI- 11050100-008 FD Tax IVNo. 95- 6000667 EQUIPMENT PAY RATES All 2005 equipment rates have been increased five percent (rounding to next dollar) over 2004 rates, using a combination of gallons per minute, Federal Emergency Management Agency (FEMA) horsepower rates, mode rates as taken from the Local Agreement review, and Emergency Equipment Rental Agreement (EERA) rates which were modified to reduce the profit and risk margins normally afforded to private industry. In addition to Forest Service (FS) Standard Rates, please note that the OES Engine Rates (on attached letter) are measured by gallons per minute. In preparing your agreements, simply generate the agreement. Then on the Operating Plan Word document, convert the horsepower table to gallons per minute table as shown in the OES rate letter, i.e.: GALLONS PER MINUTE I HOURLY RATE 0001 -1000 $44.00 1001 -1250 1 $46.00 1251 -1500 i $59.00 1501 -2000 $64.00 EQUIPMENT RATES — ENGINES Type l Engine Typ e 2 Engine Type 3 Engine Type 4 Engine $58/hour $58/hour $47/hour $37/hour FEPP* $54/hour FEPP $54/hour FEPP $43/hour FEPP $33/hour *Federal Excess Personal Property EQUIPMENT RATES — WATER TENDERS Type l Watertender Type 2 Watertender Type 3 Watertender $36/hour $36/hour $32/hour FEPP $32/hour FEPP $32/hour FEPP $27/hour 12 n EQUIPMENT RATES — BULLDOZERS FS Agr nt No. 08 -FI- 11050100-008 FD TaxNo. 95- 6000667 Type l Dozer Tvpe 2 Dozer Type a Dozer $81/hour $58/hour $44/hour FEPP $76/hour FEPP $53/hour FEPP $39/hour EQUIPMENT RATES — TRANSPORTS Transport with Low Boy $1.54 per mile FEPP Transport with Low Boy $1.33 per mile EQUIPMENT RATES — VEHICLES Sedan $41 per day Pickup $49 per day Van $58 per day Support Utility Vehicle (SUV) $65 per day Crew Carriers $100 per day Other (unspecified) $65 per day Personally Owned Vehicle (POV) $0.505 per mile /s/Vicki A. Jackson (for) JACK A. BLACKWELL Regional Forester 13 - Exhl%it C M AGREEMENT # DISPATCH INFORMATION ACTIVITY RECORD FOREST SERVICE, REGION 5 LOCAL AGREEMENT DEPARTMENT: [ncident Name: Resource Order Number: Reporting Location: Reporting Time: PERSONNEL INFORMATION en Dates of Service Request Number PayrollName(s) ICSPosition Total Hours Worked (On Shift) Vehicle Information POV Rental Agency Total Mileage Or Operating Hours APPARATUS/EQUIPMENT/VEHICLE INFORMATION Dates ofservice Type ofApparatus /Module Engines, Water Tender, Dozer, Crew or other Strike Team # Apparatus or Vehicle # Vehicle Category Sedan, SUV, Van, PU 2X4 4X4 Vehicle Information POV Rental Agency Total Mileage Or Operating Hours Authorizing Officer For Department: _ Date: Approval by IC or FSC: Date: FSLA -5 (07/03) Questions Concerning completion of this form, contact: USDA -FS, Region 5, FM Staff Incident Administration, Ph: (707) 562 -8712 Form Distribution: ORIGINAL: Local Govt Agency COPY: Fire/Incident Package m Hours Log TOTAL HOURS: m USFS /CITY OF ARCADIA INITIAL ACTION ZONE 0 0.25 0.5 Mila 1:10,000 Mutual Aid Boundary .t, U.S. Forest Service •�, City of Arcadia III log Au. !/ }\ 0 LIM t / lJ1�y tip I stj• -- .