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HomeMy WebLinkAboutContracts & Agreements_138-2026USDA ups �w Forest Service FS-1500-19 (VER. 05/24) U.S. DEPARTMENT OFAGRICU LTURE OMB No.0596-0217 EXP: 05/31/2027 PAGE OF MODIFICATION OF GRANT OR AGREEMENT PAGES 1 1 3 1. U.S. FOREST SERVICE GRANT/AGREEMENT 2. RECIPIENT/COOPERATOR GRANT or 3. MODIFICATION NUMBER: NUMBER: AGREEMENT NUMBER, IF ANY: 001 25-FI-I1051200-005 4. NAMEIADDRESS OF U.S. FOREST SERVICE UNIT ADMINISTERING S. 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, stale, and zip +4): US Forest Service, Pacific Southwest Region US Forest Service, San Bernardino National Forest 1323 Club Drive, Vallejo, CA 94592-1110 Supervisor's Office, 602 S. Tippecanoe Ave., San Bernardino, CA 92408 6. NAMIFADDRESS OF RECIPIENT/COOPERATOR (street, city, state, and zip 7. RECIPIENT/COOPERATOR'S HHS SUB ACCOUNT NUMBER (For HHS +4, county): paymentuse only): City of Redlands California P.O. Box 3005, Redlands, CA 92373-1505 (San Bernardino) 8. PURPOSE OF MODIFICATION CHECK ALL This modification is issued pursuant to the modification provision in the grant/agreement THATAPPLY: referenced in item no. 1, above. M CHANGE IN PERFORMANCE PERIOD: Extend Period of Performance to 09/18/2030. CHANGE IN FUNDING: ADMINISTRATIVE CHANGES: Li 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): This modification extends the expiration date to 09/1812030. NONDISCRIMINATION STATEMENT. The recipient/cooperator of this award must comply with all applicable Federal anti- discrimination laws and regulations. For more information about USDA Civil Rights requirements, please visit hops://www.usda. gov/about-usda/general-information/staff-offices/office-assistant-secretary-civil-rights. PAID SICK LEAVE REQUIREMENTS. Executive Order 13706, Establishing Paid Sick Leave for Federal Contractors, and its implementing regulations, including the federal contractor paid sick leave clause at 29 CFR Part 13, Appendix A, apply to the Cooperator and any subcontractors under this agreement. These regulatory requirements are incorporated by reference into this agreement as if fully set forth in this agreement. 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. I: 1cmoAreemenMCooperative Fire Agreement w USDA,bm.07.09.2026.FY2728-1 Ldocx C AA Forest Service FS-1500-19 (VER. 05124) U D"1 [� U.S.PARTMENTOFAGRICULTURE OMB No.0596-0217 ® EXP: 05/31/2027 11.A. CITY OF R.EDLANDS SIGNATURE I I.B. DATE SIGNED 7-Z(-26 I I.C. U.S. FOREST SERVICE SIGNATURE 11.D. DATE SIGNED (Signature ofSignatory Official) (Signature of Signatory Official) l I.E. NAME (type or print): RICH SESSLER I I.F. NAME (type or print): DANELLE D, HARRISON 1 L.G. TITLE (type or print): Fire Chief 1 LH. TITLE (type or print): Forest SupervISOr I I.I. CITY OF REDLANDS NATURE 1 LJ. DATE SIGNED l2z -z h 1 I.M. U.S. FOREST SERVICE SIGNATURE 11.N. DATE SIGNED (Signature of Signatory Official) (Signature of Signatory Official) I l .IC. NAME (type or print): MARIO SAUCEDO 11.0. NAME (type or print): l I.L. TITLE (type or print): Ma`jOr 11.F. TITLE (type or print): ATTEST: J e Donaldson, City Clerk 12. G&A REVIEW 12A DARIUSty an dDi%juipsa�t�o�fb�his modification have been reviewed and approved for signature by: 12.3.DATE DARIUS PARKS SIGNED t � _�Ja 07 DARIUS PARKS U.S. Forest Service Grants & Agreements Specialist 1:lcmolAgreemetsts\0ooperat1ve Fire Agreement w USDA.bm.07.09.2026.FY2726-1I .docx U� "tee ° Forest Service F,5-1500-19 (VER. 05/24) U S U.S. pEPARTM! NTOFAGRIGULTURE OMB No. 0596-0217 EXP: 05/31/2027 Paperwork Reduction Act Statement According to the Paperwork Reduction Act of 1995, an agency may not conduct or sponsor, and a person is not required to respond, to a collection of information unless it displays a valid OMB control number. Persons are not required to respond to this collection of information unless it displays a currently vaiid OMB control number. The OMB control numberfor this information collection is 0596-0217. Response to this collection of information is mandatory. The authority to collect the information Section 7 of the Granger-Thye Act (16 U.S.C. 580d) and Title IV of the Federal Land Policy and Management Act of 1976 (43 U.S.C, 1751-1753). The time required to complete this information collection is estimated to average 30 minutes per response, including the time for reviewing instructions, searching existing data sources, gathering, and maintaining the data needed and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to: U.S. Department of Agriculture, Clearance Officer, OIRM, 1400 Independence Avenue, SW, Room 404-W, Washington, D.C. 20250; and to the Office of Management and Budget, Paperwork Reduction Project (OMB# 0596-0217), 725 17th Street NW, Washington, D.C. 20503. In accordance with Federal civil rights taw and U.S. Department of Agriculture (USDA) civil rights regulations and policies, the USDA, its Agencies, offices, and employees, and institutions participating in or administedng USDA programs are prohibited from discriminating based on race, color, national origin, religion, sex, gender identity (including gender expression), sexual orientation, disability, age, marital status, family/parental status, income derived from a public assistance program, political beliefs, or reprisal or retaliation for prior civil rights activity, in any program or activity conducted or funded by USDA (not all bases apply to all programs). Remedies and complaint filing deadlines vary by program or incident. Persons with disabilities who require alternative means of communication for program information (e,g„ Bra'lle, large print, audiotape, American Sign Language, etc.) should contact the responsible agency or USDA's TARGET Center at (202) 720-2600 (voice and TYY) or contact USDA through the Federal Relay Service at (800) 877-8339. Additionally, program information may be made available in languages other than English. To file a program discrimination complaint, complete the USDA Program Discrimination Complaint Form, AD-3027, found online at How to File a Program Discrimination Complaint and at any USDA office or write a letter addressed to USDA and provide in the letter all of the information requested in the form. To request a copy of the complaint form, call (866) 632-9992. Submit your completed form or letter to USDA by: (1) mail: U.S. Departmentof Agriculture, Office of the Assistant Secretary for Civil Rights, 1400 Independence Avenue, SW, Washington, D.C. 20250-9410; (2) fax: (202) 690-7442; or (3) email: program.intake(@.usda.gov. USDA is an equal opportunity provider, employer, and lender. The Privacy Act of 1974,5 U.S.C. 552a and the Freedom of Information Act, 5 U.S.C. 552 govern the confidentiality to be provided for information received by the Forest Service ]Acmo\AgreementslCooperative Fire Agreement w USDA.bm.07,09.2026,FY2728-11.docx �, FS-1500.7(VRR.05/24) USDA 6 S Uor st service AGRIGU LTURE OM$No.0596-0217 EXP: 05/31/2027 FS Agm ment No. 25kI1105120M CaoperatorAgreement No. LOCAL COOPERATIVE FIRE PROTECTION AGREEMENT Between CITY OF REDLANDS CALIFORNIA And The USDA, FOREST SERVICE SANDERNARDINO NATIONAL FOREST This LOCAL COOPERATIVE FIREPROTECTIONAGREEMENTishereby enteredintoby and between the CITY OF REDLANDS CALIFORNIA and the SAN BERNARDINO NATIONAL FOREST, hereinafter referred to as "the Cooperator," and the United States Department of Agriculture (USDA), Forest Service, SAN BERNARDINO NATIONAL FOREST hereinafter referred to as the "U.S, Forest Service," under the Reciprocal Fire Protection Act of May 27,1955 (42 USC 1856a), as amended. Background: The Redlands Fire Department (RFD), founded in 1888, and located in San Bernardino County, California. RFD is dispatched by the Consolidated Fire Agencies of San Bernardino County (CONFIRE), ensuring coordinated regional response. RFD offers: Fire suppression, Emergency medical services, Hazardous materials response, Fire prevention and public education programs. RFD operates multiple stations across the city: Downtown Redlands, Redlands IIeights, North Redlands and West Redlands. I. PURPOSE: The purpose of this agreement is to provide for reciprocal fire protection, including mutual aid, reimbursable assistance, and coordination for the prevention, detection, management, and suppression of wildland fires onproperty withinthe protection areas orjurisdiction oftheparties that are signatory to this agreement. IL STATEMENTOF MUTUAL BENEFIT AND INTERESTS: The U.S. Forest Service has the responsibility for fire protection, which includes prevention, detection, management, and suppression of witdland fires on SAN BE, RNARDINO NATIONALFOREST administeredlands and has an interest inprotection and suppression of wildland fires on adjacent or intermingled State and private forested land. The U.S. Forest Service does not respond to structure fires, vehicle fires or traffic accidents. However, the U.S. Forest Service may, as available, respond to such incidents for wildland fire suppression activity when adjacent lands or property covered under this agreement are threatened by fire from such incidents. Page01 of47 7/7/25 �, �s-rsoo-7tv�lz.aslz�� Ur uii Forest Service 4AT3No.0�96-�217 U.S. DEPARTMENT 6FAGRIGULTURE EXP: 05/31/2027 The Cooperator is a fire organization that has the responsibility of maintaining fire protection facilities in the vicinity of SAN BEI;4NARDINO NATIONAL FOREST administered lands, for mutual aid in fitmishing fire protection for such property and for other property for which such organization normally provides fire protection.. Therefore, it is mutually advantageous, in their mutual interest, and in the public interest, for the parties to coordinate their efforts in the prevention, detection, management, and suppression of wildland fires in and adjacent to their areas of responsibility to limit duplication and improve efficiency and effectiveness. Inconsideration ofthemutual commitments and conditions herein made, the parties agree as follows: III. TERMINOLOGY, EMMITS, AND SUPPLEMENTS: A. Words and phrases used herein may have different meanings or interpretations for different readers, To establish a common understanding, some words and phrases as used herein are defined in the text ofthis agreement. Where there are inconsistencies, the hierarchy of terminology will be those defined by statute, those defined by regulation, those defined in policy, those defined in this agreement, those defined in the National Wildfire Coordinating Group (NWCGI Glossary of Wildland Fire TerminoloQv, and then all other agency and interagency documentation. B. The following exhibits are incorporated into this agreement: • Exhibit A— Map of Protection Areas and Boundaries • Exhibit B —Protection (Operating) Plan • Exhibit C — Fire Supplemental Project Agreement • Exhibit D —Cost Share Agreement C. Exhibit A must be completed and attached to this agreement prior to execution. The exhibit must illustrate the protection areas of the signatory parties, along with the scope of initial attack and associated mutual aid zones. D. Exhibit B must be completed and attached to this agreement prior to execution. The exhibit must include a narrative description and/or a list of resources that document protection planning for operational efficiencies. Refer to VI -A -Protection (Operating) Plan for additional consideration. E. Exhibits C and D are provided for standardized format and are intended to supplement this agrreement. Completion and execution of Exhibit C or D does not require formal modification to this agreement. However, nothing in Exhibits C and D should conflict with the authority and provisions of this agreement. Page C2 of 47 717/25 us rorest Service PS-r Stallo.0596-0217 c U.S. DEPARTMENTOPAGRICUI.TURE OMBNo.059B-0027 CXP; OS/31/2027 F. The parties may attach otherexhibitsoroperational information forreferenceso long as the additional exhibits and information do not conflict with the authority and provisions of this agreement. IV. RECIPROCALFIREPROTECTION: A. The responsibilities oftheparties to this agreement shall be distinguisbed as follows: • Jurisdictional Party — Entity having land and resource management responsibility for a specific geographical or functional area as provided by federal, state orlocal law. Underno circumstances may aJurisdictionalParty abdicate legal responsibilities as provided by federal state, or local law. • Protecting Party — Entity responsible for providing direct incident management within a specific geographical area pursuant to its jurisdictional responsibility or as specified and provided by contract or authorized agreement. • Supporting Party — Entity providing suppression resources to assist a Protecting Party or a Jurisdictional Party. B. RECIPROCAL (MUTUAL AID) FIRE PROTECTION. The parties shall establish a map depicting reciprocal initial attack zones and mutual aid fire protection for lands of intermingled or adjoining protection responsibility, The map must be attached to this agreement. Within such zones, 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 costs incurred following the initial attack dispatch of any resource to the fire for the duration of the mutual aid period, The length of the mutual aid period is usually 24 hours, but no less than 12 hours. The length of the mutual aid period for this agreement is 12 HOURS. IF THE DURATION OF TIDE RESPONSE EXCEEDS 12 HOURS, THE COOPERATOR WILL BE REIMBURSED FROM THE BEGINNING AT THE TIME OF THE INITIAL DISPATCH. C. REIMBURSABLE FIRE ASSISTANCE. The Protecting Party may request suppression resources from the Supporting Party beyond initial attack or mutual aid period within the protection area or jurisdiction of the parties that are signatory to this agreement. Such suppression resources when dispatched to, and assigned a resource order number for, the incident shall be reimbursed by the Protecting Party. D. WAIVER OF CLAIMS. Pursuant to 42 U.SC. 1856a et seq., each party to this agreement hereby waives any claim against any other party for loss or damage of its property and/or personal injury or death of its employees or agents occurring as a consequence of the performance of this agreement; provided, this provision shall not relieveanyparty from responsibility for claims from third parties for losses£orwhichthe party is otherwise legally liable, This provision pertains to the parties that are signatory to this agreement and does not pertain to claims advanced by third parties. Page 04 of 47 7/7/25 USDA ForestService is-5o04MR.o5f24) � OMBNO.o596-0217U.S. DEPARTMENTOFARGULTURE UP, 05/31/2021 Claims requesting compensation for property loss or damage, personal injury, or death resulting from the negligence or other wrongful acts of employees performing under this agreement will be received by the Jurisdictional Party and forwarded to the hiring, or home agency of the allegedly negligent employee for processing. Nothing in this paragraph requires or implies any one is liable for any specific claim. Any liability for any claim, will be based on this agreement and applicable law. Employee claims for loss of or damage to personal property must be submitted to the Jurisdictional Parry and then forwarded to thehiring, orhome agency ofthe employeefor processing in accordance with the hiring organization or agency's administrative procedures. E. LOANED (OR SHARED) EQUIPMENT AND SUPPLIES. The parties recognize that wildland fire suppression will often involve the use of equipment, supplies and cache items. Equipment, supplies and cache items checked out (such as pumps, hoses, nozzles, etc.) or loaned by one party and received by another party, shall become the responsibility of the receiving party. Equipment, supplies, and cache items shall be returned in the same condition as when received, reasonable wear and tear excepted. Notwithstanding the general Waiver of Claims provision, the parties agree that the receiving party shall reimburse the loaning party for cost of any items expended, lost, or destroyed. Equipment owned and operated by a party shall be the responsibility of that party. However, notwithstanding the general Waiver of Claims provision, theparties agree that when providing support for anotherparty, theparty providing support may be reimbursed for damage or repair costs to their owned and operated equipment if the damage is directly attributed to the incident and in excess of reasonable wear and tear. These costs must be authorized using a unique request and resource order number (for example a S#). When applicable, insurance claims shall be pursued prior to requesting reimbursement, V. COOPERATION, STANDARDS, AND QUALIFICATIONS: A. NATIONAL INCIDENT MANAGEMENT SYSTEM (NIMS). The parties to this agreement will operate under the concepts in the Department of Homeland Security's (DHS)National hicident Management System (NIMS). In implementing these concepts, the parties to this agreement will be expected to follow the National Wildfire Coordinating Group's (NWCG) minimum standards as defined in the Wildland Fire Qualifications Systems Guide (PMS-310) and must arrive on incident with valid qualification documentation. For initial attack action taken within theperiod specified as mutual aid, all agencies (federal, state, local, and Tribal) accept each other's standards. Once jurisdiction is clearly established, then the standards of the agency(s) with jurisdiction prevail. I3. STANDARDS. The parties to this agreement desire to achieve common standards within the parties' best interest, recognizing differing agency missions and mandates. Each party to this agreement recognizes that other parties' standards are reasonable, prudent, Page 04 of47 7/7125 USDA Forestservice us-lsMBNo-0Ro0Y4) �' U.S. DEPARTMENT OFAGRICU LTURE EXPN 05/31/2027 PxP; OSI31l2027 and acceptable. Each party shall ensure that its own standards are followed. This provision does not affect a Jurisdictional Party's land management standards. C. TRAINING. The parties to this agreement will cooperate to assure that training needs are met through provided courses or sessions that will produce safe and effective fire management. The intent is to champion high -quality training, to minimize training costs by sharing resources, and to standardize training. Each party will advise the other of applicable cross training opportunities for personnel. D. COMMUNICATIONSYSTEMS AND FACILITY ACCESS. Theparties to this agreement may mutually agree to allow one another the use of communications systems such as radio frequencies, computer system access, data transmission lines, and communication sites when there is amutual benefit to theparties to this agreement. Such arrangement shall be approved only by authorized personnel and in accordance with agency laws, regulations and policies governing security of systems and. facilities. E. INTERAGENCYMOBTLIZATIONAND INCIDENTBUSINESS. Theparties to this agreement will adhere to guidance provided in the local Dispatch Operating Guide for ordering and mobilization of resources; and the Standards for Interagency Incident Business ManagementpublishedbytheNational Wildfire Coordinating Group (NWCG). F. TEXT MESSAGING WHILE DRIVING. In accordance with Executive Order (EO) 13 513,"Federal Leadership on Reducing Text Messaging While Driving," any and all text messaging by Federal employees is banned: a) while driving a Government owned vehicle (GOV) or driving aprivately owned vehicle (POV)while on official Government business; orb) using any electronic equipment supplied by the Government when driving any vehicle at any time. All Cooperators, their Employees, Volunteers, and Contractors are encouraged to adopt and enforce policies that ban text messaging when driving company owned, leased or rented vehicles, POVs or GOVs when driving while on official Government business or when performing any work for or on behalf of the Government. G. PERSONNEL POLICY. Employees or volunteers of the parties to this agreement shall be subject to the personnel rules, laws and regulations of their respective agency or organization. Each patty is responsible to ensure their employees and volunteers meet and maintain appropriate training and physical fitness qualifications and are equipped with personal protective equipment (PPE) to enable response to wildland fire activities. VI. PREPAREDNESS, PREVENTION, AND PRESCRIBED FIRE: A. PROTECTION (OPERATING) PLAN. The parties to this agreement shall determine and document operational efficiencies for mutual aid and reimbursable fire assistance. This may include identifying firefighting resources, placement of crews, engines, water tenders, air tankers, helicopters, fixed and aerial detection, regulated use, closures, radio frequencies, dispatch procedures, and other joint fire control efforts. Page 05 of 47 717125 FS-1500-7(VBRASl24) Ug„x`�r DA u S Forest ServiceRTMENT AGRICULTURE 0MBNo,W96-0217 CXP: 05/31/2027 B. FIRE SUPPLEMENTAL PROJECT AGREEMENTS. The patties tothisagreement mayplan and jointly conduct cooperative projects within the scope and purpose of this agreement. These projects may involve such activities as prescribed fire/fuels management, preparedness, fire analysis/planning, post -fire rehabilitation, training, prevention, public affairs, and other beneficial efforts in support of fire management, Nothing in this agreement obligates the parties to offer, accept, or fund any project proposals under this agreement. Any cooperative projects entered into under this agreement must be by mutual consent of the parties and documented through execution of a Fire Supplemental Project Agreement. C. FIRE PREVENTION. The patties agree to cooperate in the development and implementation of wildland fire prevention programs. The parties agree to share responsibilities andmaterials forfireprevention activities. Materials may include posters for display in public buildings, businesses and the like. The parties will share responsibility for wildland fire protection and rural fire safety presentations and demonstrations. D. FIRERESTRICTIONS AND CLOSURES. Theparties will coordinatowildland fire restrictions and closures. E. PRESCRIBED FIRE ANDHAZARDOUS FUELS MANAGEMENT. Theparties to this agreement agree to commuuricate forplanned ignitions, prescribed fire and hazardous fuels management projects, F. SMOKEMANAGEMENT. Within their authorities, the partiesto this agreement agree to cooperate in smoke management efforts for wildland fires and prescribed fires. VII. OPERATIONS: A. CLOSEST FORCES CONCEPT. The guiding principle for dispatch ofinitial attack suppressionresources is to use the closest available and appropriateresource regardless of which party owns or controls the resources, and regardless of which party has protection responsibility or jurisdiction. B. FIRE NOTIFICATIONS. When responding to a wildland fire, the Supporting Party will, as soon as possible, notify the Protecting Party detailing what equipment and personnel have been dispatched to the incident location. If either party takes action on a wildland 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 within ten (10) days. C. BOUNDARY LINE FIRES. A boundary -lino fire 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. Each party will make every reasonable effort to communicate with the other concerning the fire. When both parties have arrived at the site of the fire, the parties will mutually agree to the designation of an incident command organization. Page 06 of 47 7l7125 USDA Forestservlce rs-15o0-7(VER.05r ) U.S. DEPARTMENT OFAGRICULTURE ONMNo.0596-0217 VXP: 05/3112027 D. INDEPENDENT ACTION. Unless otherwise stated as a special land management consideration, nothing herein shall prohibit oithorparty, on its own initiative, from going upon lands known to be protected by the other party to this agreement to engage in suppression of wildland fires, when such fires are a threat to lands under that party's management or protection responsibility, In such instances, the party taking action will promptly notify the Protecting Party. Such actions will be commensurate with the land management considerations of the Jurisdictional Party, and subject to the laws and regulations of the Jurisdictional Party, Special Land Management Consideration (if applicable). E. ESCAPED PRESCRIBED FIRES. Wildland fires resulting from escaped prescribed fires that were ignited by, managed at the direction of, or underthe supervision of one of the parties to this agreement shall be the responsibility of the Jurisdictional Party. If the parties to this agreement jointly conduct ormanage aprescribed fire, the responsibility for suppression costs, should it escape, shall be agreed upon and documented. Unless otherwise agreed and documented in writing, all suppression costs and associated damages are the responsibility of the Jurisdictional Party. The parties to this agreement shall not hold each other responsible under this provision for escaped prescribed fires originating on private land, or on State or Federal lauds not protected by one of the parties to this agreement. F. PRESERVATION OF EVIDENCE. As initial action is taken on a fire, the initial attack forces will preserve information and evidence pertaining to the origin and cause of the fire. G. ACCIDENT INVESTIGATIONS, When anaccident occurs involving the equipment or personnel of a Supporting Party, the Protecting Party shall immediately notify the Jurisdictional Party. As soon as practical, the Protecting Party shall initiate an investigation of the accident. The investigation shall be conductedby ateam madeup of representatives from affected parties, as appropriate. VM. REIMBURSEMENT AND USE OF COOPERATIVE FIRE RESOURCES: A. LEGAL AUTHORITY— COOPERATIVE FIRE, The parties shall have the legal authority to enter into this agreement, and the institutional, managerial, and financial capabilityto ensureproperplanning, management, and completion ofthework described, which includes funds sufficient to reimburse for costs, when applicable. B. APPROPRIATED FUND LIMITATION. Nothing in this agreement shall require the parties to this agreement to obligate, to expend funds, or to enter into any contract or other obligation :for the future payment of money in excess of or in advance of appropriated funds availableforpaymentto meet thecommitments ofthis agreement and modifications thereto, except as specifically authorized by law. Page 07 of 47 717125 FS-15300,7(VER05/24) USD Us' Forest service' OMBNo.OS96-0217 U,S. DEPARTMENT OF AGRICULTURE �XP:OS/31/2029 C. COST -SHARE AGREEMENT. On multi jurisdictional incidents and incidents which threaton orburn across protection boundaries, the parties will jointly develop and execute a written cost share agreement which describes a fair distribution of financial responsibilities, Cost shares should be reconciled, settled, and billed within 180 days from the end date of the cost share period, Only one invoice should be created by billing party for the net difference in the cost share. Once the invoice is paid, the cost share agreement is considered closed and no more settlements, invoices, or payments between theparties should occur. Any delays beyond the 180 days must be documented in writing and presented to the other party(s). D. ELTGIBLEFIRE COSTS. All costs incurred bythe Supporting?arty a's reimbursable Err assistancemust be adequately documented as an actual expense. Theparties agreethat to the extent applicable, theparties will followthecost principles and otherrequirements set forth in Part 200 of Title 2 of the Code of Federal Regulations. All costs must be reasonable, allowable, and allocable. Costs must be consistently treated as either direct costs or indirect costs. Consistent treatment of costs is abasic cost accounting principle and is specifically required to assure that the same types of costs are not charged as both direct costs and indirect costs. Every effort should be made to classify costs incuaTed for the same purpose, in like circumstances, consistently as either direct or indirect costs. (1) Direct costs are those items of expense specifically identified with the delivery or completion of a project or program. General examples include, but are not limited to, personnel costs (salary and fringe benefits), Equipment costs, travel, materials, supplies, and contracts, (2) Indirect costs are those items of expense incurred as part of general management and administrative support of an organization. Indirect costs are proposed as a percentage (or rate) of a direct cost allocation base such as Modified Total Direct Cost (MTDC) or direct labor. Indirect costs are also referred to as administrative costs, overhead, or burden. Examples o£indirect costs may include office space, computer equipment, postage, utilities, salaries for administrative activities such as procurement, personnel, accounting, and so forth. E. INDIRECTCOST RATES -COOPERATIVE FIRE. When indirect cost rates are applied to Federal reimbursements, the patties agree to the following: 1. If the payment recipient (Cooperator) has never received or does not currently have a negotiated indirect cost rate, they are eligible for a de minimis indirect cost rate up to 10% of Modified Total Direct Costs (MTDC). MTDC is defined as all salaries and wages, fringe benefits, materials and supplies, services, travel, and contracts up to the first $25,000 of each contract. Page 08 of 47 717/25 F8-1500-7 2 .05124, USDA "I/,G, ForestservieDF tGRItu4TURE Ob1BNo.0596-02F7 F.XP: 05/31/2027 2. For rates greater than 10%, the payment recipient (Cooperator) shall provide either an applicable negotiated indirect cost rate agreement (NICRA) from a cognizant Federal agency, or an indirect cost rate summary in a format that clearly defines the indirect cost rate and allocation base. 3. The payment recipient (Cooperator) must maintain adequate documentation to support the methodology and computation of the indirect cost rate. Documentation must be made available to the Federal agency upon request. 4. Failure to provide adequate documentation supporting the indirect cost rate may result in disallowed costs and repayment to the Federal agency, F. FIRE PERSONNEL COSTS/RATES. 1. Personnelrates for salary, including overtime, shift premiums (if applicable), and fringe benefits must be consistent with each party's employment policy and regulations. All personnel time must be documented, 2. Reimbursement of personnel costs by the Protecting Party for employees of the Supporting Party is limited to actual time worked (beyond the mutual aid period), unless the Supporting Party is obligated via written labor agreement to pay for 24- hour shifts with periods of rest. 3. Standby personnel timoisnot reimbursable unless resource ordered. 4. Backfill costs are defined as the additional costs of replacement personnel (one level) to provide coverage for employees that have been mobilized to an incident, Unless otherwise documented as an additional net cost to the Supporting Party, regular time for the backfill employee is not reimbursable, only overtime costs are reimbursable. 5. Volunteers, bydefinition, are not employees and donot have aspecifiedemployment rate for hours worked. If, however, the Cooperator maintains written policy that provides for their volunteers to be mobilized to an incident for reimbursable assistance within the authority, scope, and terms of this agreement, the Cooperator agrees: a. To compensate the individuals for hears worked based on current standardized published rates for emergency firefighters in the State of CALIFORNIA, orathourlyrates equal to, ortess than, the current Federal administratively determined (AD) pay plan. b. Unless exempt from Fair Labor Standards Act, these individuals will receive overtime pay for hours worked over 40 in a workweek at a rate equal to time and one half of the (base) hourly rate. c. Base hourly and overtime costs are reimbursable; shift premiums, fringe benefits, and backfill costs are not reimbursable. Page 09 of 47 717125 USDA SF4reSt erVlte FS-15o0-7(VEOWN BNo.0596-0217R05/24) U.S.DEPARTMENT bFAGRiCULTURE EXP:05131/2027 d. The rates will only apply to incident response under the terms of this agreement and will not apply to project activities carried out supplemental to this agreement. e. These individuals will be considered Cooperator personnel tinder the terms of this agreement. G. TRAVEL COSTS. Federal Travel Regulations (FTR) and/or agency -specific travel regulations will be utilized for all travel policies and processes. Authorized travel costs, including transportation, lodging, meals, and per diem consistent with these policies and processes are reimbursable. H. FIREEQUIPMENTCOSTS/RATES. I . Costs incurred for agency- orCooperator-owned equipment, including aircraft, when assigned to an incident or project may include operating expenses (such as fuel, oil. repairs, retardant) and/or a rate consistent with each parry's written policy and regulations for use of the equipment. 2. Standby equipment time is not reimbursable unless resource ordered. 3. Personnel costs foroperator(s) shall be applied separate from the equipment costs/rates. 4. In the absence of a pre -determined and documented rate foruse of Cooperator -owned equipment, reimbursement will be limited to the current Federal Emergency Management Administration (FEMA) Schedule of Equipment Rates for like equipment, published online at: hgps://zvww.fema.gov/schedule-equipment-rates. 5. Any Cooperator equipment mobilized for reimbursable fire assistance shal l be documented on an OF-297 (Emergency Equipment Shift Ticket). FEDERAL EXCESS PERSONAL PROPERTY PROGRAM. Federal Excess Personal. Property Program (FEPP) equipment is federal property that is loaned to the State Forester, who may place it with a local fire organization/depattment to iltlprove local fire programs. If this loaned federal property is used on a federal incident or project, the Cooperatormay only charge for operating costs that include maintenance, fuel, oil, etc. Costs may not include amortization, depreciation, replacement costs, modification, start- up costs, or related charges. FEPP equipment costs shall be listed separately on any invoice submitted for reimbursement. CONTRACT REQUIREMENTS --- COOPERATNE FIRE. The Federal Acquisition Regulations (48 CFR) apply to all contracts awarded by a federal agency, unless otherwise exempt. Any contract awarded by the Cooperator under this agreement, where federal funding may be provided, must be awarded following the Cooperator's established procurement procedures, to ensure free and open competition, and avoid any conflict of interest (or appearance of a conflict). The Cooperator must maintain cost and price analysis documentation for potential U.S. Forest Service review. The Cooperator is encouraged to utilize small businesses, minority -owned firms, women's business enterprises and veteran owned businesses. Page lO of 47 7/7/25 FS-1300-7 (vER. 05/24) US Mis Forest Service ONLBNo.0596-0217 U.S. DEPARTMENT OF AGRICULTURE FXP:0513112027 K. FIREBILLING CONTENT, INFORMATION, AND FINANCIAL CONTACTS. The following items will be includcd with each invoice: • B illing party's legal name, address, telephone number, and billingparty's financial contact information, • Proper reference to this U.S. Forest Service agreement number. • Invoice date. • Invoice number, if applicable. • Incident name and incident number. • Dates of the incident covered by the billing. • Appropriate Fire code or charge code (if Imown). • Summary cost data for the amount being billed. • Cost -share agreement (if applicable). Summary cost data should include a list of personnel, travel, and equipment expenses, and a listing by contractor/vendor name and amount spent for services and supplies procured. Generally, cost source documents, including but not limited to, resource orders, OF-288 Emergency Firefighter Time Reports, and OF-297 Emergency Equipment Shift Tickets, will not be required with the billing content unless summary cost data is disputed. Financial Information U.S. Forest Service Cooperator and Contacts: Submit bills to: Albuquerque Service Center Name: Deputy Chief Incident Finance - Reggie Brown 5141 Masthead Address: 35 Cajon Street, Albuquerque, NIVI 87109 Suite 12 P.O. Box 3005 City, State, Zip: Redlands, FAX: 866-816-9532 Ca 92373 Telephone:909-265-6128 Preferred method: rbrowii@confrre.org EMAIL sm.fs.ase coop c�ousda.gov Financial Contact: ASC Incident Finance Deputy Chief (Name, phone, and Cooperative Agreements Telephone:909-265-6128 email address) 877-272-7248 rbrown@confire.org sm.fs.asc_coop{cyusda.�� ov Local Financial or Heidi Chambers Reggie Brown Incident Business Tcicphone:909-265-6128 Contact: (Name, phone, 916641057 rbrown@confire.org email address) heidi.chimbers@usda.gov Data Universal Number 92-9332494 094712205 System (DUNS) Indirect Cost Rate 15:0* 22% *U.S. Forest service indirect cost rate applied in accordance kVW1 FSH1909.13Chepter 40. Page 1 t of 47 717125 FS-1500-7 (VER, 05/24) USDA g. Forest service OMENo.0596-o217 A U.S. DEPARTMENT OFAGRIOULTURE EXF: 05/31/2027 L. FIRE BILLING TIMEFRAMES.Except for cost -share agreementbillings, the parties to this agreement will submit invoices within 60 days of the demobilization from the incident. Extensions beyond the 60 days for invoice submittal must be presented in writing to the reimbursing party. All bills will have apayment due date withhi 30 days after date of issuance. M. STANDARDS FOR FINANCIALMANAGEMENT—COOPERATIVEFIRE, L FInancial Reporting The Cooperator shall provide complete, accurate, and current financial disclosures of the project or program in accordance with any financial reporting requirements, as set forth in the financial provisions. 2. Accounting Records Cooperatorsmustmaintain records for each incident orproject which adequately identify the source and use of funds. These records must contain information pertaining to expenses related to each incident, umobligated balances, assets, liabilities, outlays or expenditures, and income. Such documents must be made available to the Federal Agency, Office of Inspector General, and the Government Accounting Office upon request. 3. Internal Controls Effective control and accountability must be maintained for all Federal funds, real and personal property, and other assets. The Cooperator must keep written internal controls to ensure that all Federal funds received are separately and properly allocated to each incident and used solely for authorized purposes. 4. Source Documentation Accounting records for each incident or project must be supported by source docnnentationsuch as cancelled checks, paidbills, payrolls, time and attendancerecords, equipment use and cost records, contract or subaward documents, etc, Such documents must be made available to the Federal agency upon request. N. SYSTEMFOR AWARD MANAGEMENTRFGISTRATIONREQUIREMENT (SAM). The Cooperator shall maintain current organizational information and the original Unique Entity Identifier (UEI) provided for this agreement in the System for Award Management (SAM) until receipt of final payment. This requires anmial review and updates, when needed, of organizational information after the initial registration. More frequent review Page 12 of 47 7R/26 USDA „' Forest Service FS-1500.7 (VER. 0"il �$ OMBN 596-0217 U.S. DEPARTMENT OF AGRICULTURE C%P: OS/31/2027 and updates may be required for changes in organizational information or agreement term(s). Any change to the original UEI provided in this agreement will result in termination of this agreement and de -obligation of any retraining funds. For purposes of this agreement, System forAward Management (SAM) means the Federal repository into which an entity must provide infonnation required for the conduct of business as a Cooperative. Additional information about registration procedures may be found at the SAM Internet site at www.sarn.eov. O. OVERPAYMENT. Any fiends paid to the Cooperatorin excess of the amount entitled under the terms and conditions of this agreement constitute a debt to the Federal Government. The following must also be considered as a debt or debts owed by the Cooperator to the U.S. Forest Service: - Any interest or other investment income earned on advances of agreement funds; or - Any royalties or other special classes of program income which, under the provisions of the agreement, are required to be returned; Ifthis debt is not paid according to the terms of the bill for collection issued forthe overpayment, the U.S. Forest Service may reduce the debt by: 1. Making an administrative offset against other requests for reimbursement. 2. Withholding advance payments otherwise due to the Cooperator. 3. Taking other action permitted by statute (31 U.S.C. 3716 and 7 CFR, Part 3, Subpart B). Except as otherwise provided by law, the U.S. Forest Service may charge interest on an overdue debt. IX. GENERAL PROVISIONS: A. PRINCIPALCONTACTS. Individuals listed below are authorized to act in their respective areas for matters related to this agreement. Cooperator Program Contact Cooperator Administrative Contact Name: Deputy Chief - Reggie Brown Name: Bruni Reyes Address: 35 Cajon Street, Suite 12 P.O. Address: 35 Cajon Street, Suitel2 P.O. Box 3005 Box 3005 City, State, Zip: Redlands, Ca 92373 City, State,Zip: Redlands, Ca92373 Telephone: (909) 265-6128 Telephone: (909) 798-7695 Email: rbrown@confrre.org Email: breyes@confrre.org Page 13 of 47 7/7/25 USDA Q $ Forest Service VS-1500-7(VER.05/24) am 0.5.DEPARTMENT OFAGRICULTURE ONMNo.0596-0217 EXP: 05/3112027 U.S. Forest Service Fire Program Contact —Incident Business - Contact Name: Forest Fire Chief —Salvador Reyes Name: Heidi Chambers Address: 602, S Tippecanoe Ave Address:3237PeacekeeperWay City, City,State,Zip:SanBernardino,CA92408 State, Zip: McClellan,CA95652 Telephone: 951-236-1925 Telephone: 916-540-1057 PAX: 909-383-5770 Email: salvador.reyes(ausda.gov Email: heidi.chambers a,usda.2ov U.S. Forest Service Administrative Contact Name: Forest Fire Planning Chief — Stephanie Childs Address: 602 S, Tippecanoe Ave City, State,Zip: SanBernardino, CA92408 Telephone: 626-482-6681 FAX: 909-383-5770 Email: stephanie.childs(a)usda.gov f STATUS FOR CORPORATE ENTITIES. This agreement is subject to the provisions contained in the Department of Interior, Environment, and Related Agencies Appropriations Act, 2012, P.L. No.112-74, Division E, Section 433 and 434 as continued by Consolidated and Further Continuing Appropriations Act, 2013, P.L. No. 113-6, Division F, Title I Section I101(a)(3) regarding corporate felony convictions and corporate federal tax delinquencies. Accordingly, by entering into this agreement the Cooperator acknowledges that it: 1) does not have a tax delinquency, meaning that it is not subject to any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies havebeen exhausted or have lapsed, and that is not being paid in atimely mannerpursuant to an agreement with the authority responsible for collecting the tax liability, and (2) has not been convicted (or had an officer or agent acting on its behalf convicted) of a felony criminal violation under any Federal law within 24 months preceding the agreement, unless a suspending and debarring official of the United States Department ofAgriculturehas considered suspension or debarment is not necessary to protect the interests of the Government, If the Cooperator fails to comply with these provisions, the U.S. Forest Service will annul this agreement and may recover any funds the Cooperator has expended in violation of sections 433 and 434. C. PROHIBITIONAGAINST INTERNAL CONFIDENTIAL AGREEMENTS, All nonfederal government entities working on this agreement will adhere to the below provisions found in theConsolidatedAppropriations Act, 2016, Pub. L.114-113, relating to reporting fraud, waste and abuse to authorities: a. The recipient (Cooperator) may not require its employees, contractors, or subrecipients seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting them from lawfully reporting that waste, fraud, or abuse to a Page l4 of 47 717l25 FS-1500-7(VER05/24) u0 S Forest service OMBNo.0596-o217 Qi U.S. DEPARTMENTOFAGRICULTURE EXP: 05131/2027 designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. b. The recipient (Cooperator) must notify its employees, contractors, or subree,ipientsthat the prohibitions and restrictions of any internal confidentiality agreements inconsistent with paragraph (a) of this award provision are no longer in effect. c. The prohibition in paragraph (a) of this award provision does not contravene requirements applicable to any other form issued by a Federal department or agency governing the nondisclosure of classified information. d, If the Government determines that the recipient is not in compliance with this award provision, it: (1) Will prohibit therecipienfs use of funds uaderthis award, in accordance with sections 743, 744 of Division E of the Consolidated Appropriations Act, 2016, (Pub. L. 114-113) or any successor provision of law; and (2) Maypursue otherremedies available for the recipient's material failure to comply with award terms and conditions. D, TRIBAL EMPLOYMENT RIGHTS ORDINANCE (TERO), TheU,S. Forest Service recognizes and honors the applicability of the Tribal laws and ordinances developed under the authority of the Indian Self -Determination and Educational Assistance Act of 1975 (PL 93-638), E. USE OF U.S. FOREST SERVICE INSIGNIA. In order for the Cooperator to use the U.S. Forest Service insignia on any published media, such as a Web page, printed publication, or audiovisual production, permission must be granted from the U.S. Forest Service's Office of Communications (Washington Office). A written request will be submitted by the U.S. Forest Service to the Office of Communications Assistant Director, Visual Information and Publishing Services, prior to use ofthe insignia. The U.S. Forest Service will notify the Cooperator when permission is granted. F, FORESTSERVICE ACKNOWLEDGED INPUELICATIONS AUDIOVISUALS AND ELECTRONIC MEDIA. The Cooperator shall acknowledge U.S. Forest Service support in any publications, audiovisuais, and electronic media developed as a result of this agreement. G. NONDISCRIIv11NATIONSTATEMENT—PRINTED,ELECTRONIC, OR AUDIOVISUAL MATERIAL, The Cooperator shall include the following statement, in full, in any printed, audiovisual material, or electronic media for public distribution developed or printed with any Federal funding. Page 15 of 47 7!7/25 USDA Forestservice Ps-OMBT i96-t2a) UnS U.S. DEPARTMENT OFAORICULTURE �MBI�Eo.0596.0217 gXP:05/31/2027 "In accordance with Federal law and U.S. Department of Agriculture pollcy, this institution is prohibited from discriminating on the basis of race, color, national origin, sex, age, or disability. (Not all prohibited bases apply to all programs.) To file a complaint alleging discrimination, writeUSDA, Director, Office of Civil Rights, 1400 Independence Avenue, SW, Washington DC 20250-9410 or call toll free voice (866) 632-9992, TDD (800)877.8339, or voice relay (866) 377-8642. USDA is an equal opportunity provider and employer." If the material is too smallto permit the fall statement to beincluded, thematerialmust, at minimum, include the following statement, in print size no smaller than the text: "This institution is an equal opportunityprovidett" H, NOTICES. Any communications affecting the operations covered by this agreement given by the U.S. Forest Service or the Cooperator are sufficient only if in writing and delivered in person, mailed, or transmitted electronically by e-mail or fax, as follows: To theU.S. Forest Service Program Contact, atthe address specifredinthis agreement. To the Cooperator Program Contact, at the address shown in this agreement. Notices are effective when delivered in accordance with this provision, or on the effective date of the notice, whichever is later. I. AVAILABILITY FOR CONSULTATION. Both parties agree to be available at mutually agreeable times, forcontinuing consultation to discuss the conditions covered by this agreement and agree to actions essential to fiulfill its purposes. J. PARTICIPATION IN SIMILAR ACTIVITIES. This agreement in no way restricts the U.S. Forest Serviceorthe Cooperatorfrompartieipating in similar activities with other public or private agencies, organizations, and individuals. K. REMEDIES FORCOMPLIANCERELATED ISSUES —COOPERATIVE FIRE. If either party materially fall(s) to comply with any term of the agreement, whether stated in a Federal statute or regulation, an assurance, or the agreement, either party may wholly or partly suspend or terminate the current agreement. L. ENDORSEMENT. Any of the Cooperator's contributions made under this agreement do not by direct reference or implication convey U.S. Forest Service endorsement of the Cooperator's products or activities and does not by direct reference or implication convey the Cooperator's endorsement of the U.S, Forest Service's activities. Pape 16 of 47 7/7/25 USDA Forest service FS I500.N0.05 05/24) U S U.5. a EPARTMENTOMGRICULTURE �MBNo.0591&0217 a XXPI 05/31/2027, M. MEMBERS OF CONGRESS, Pursuant to 41 U.S.C. 22, no member of, or delegate to, Congress shall be admitted to any share or part of this agreement, or benefits that may arise therefrom, either directly or indirectly. N. NONDISCRIMINATION. The U.S. Department of Agriculture (USDA) prohibits discrimination in all itsprograms and activities on thebasis ofrace, color, national origin, age, disability, and where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or apart of an individual's income is derived from any public assistance program, (Not all prohibited bases apply to all programs.) Persons with disabilities who require alternative means for communication of program information (Braille, large print, audlotape, and so forth) should contact USDA's TARGET Center at (202) 720-2600 (voice andT'DD). To file acomplaint of discrimination, write to USDA, Director, Office ofCivil Rights, 1400 IndependenceAvenue, S.W., Washington, D.C, 20250-9410 or call (800) 795-3272 (voice) or (202) 720-6382 (TDD). USDA is an equal opportunity provider and employer, 0. ELIGIBLE WORKERS. The Cooperator shall ensure that all employees complete the I- 9 form to certify that they are eligible for lawful employment under the Immigration and Nationality Act (8 USC 1324a). The Cooperator shall comply with regulations regarding certification and retention of the completed forms. These requirements also apply to any contract awarded under this agreement. P. AGREEMENT CLOSEOUT —COOPERATIVE FIRE. Within 120 days after expiration date or notice of termination, the parties shall reconcile for final billing/payments and close the agreement. Q, PROGRAM MONITORING — COOPERATVE .FIRE. The parties to this agreement shall monitor the performance of die agreement activities to ensure that performance goals are being achieved. The parties to this agreement will meet annually to review matters of mutual concern. Program performance reports are not required for emergency response activities. R. RETENTIONAND ACCESS REQUIREMENTS FOR RECORDS, The Cooperator shall retain all records pertinent to this agreement for a period of no less than 3 years from the expiration ortermination date. As used in this provision, records includebooks, documents, accounting procedures and practice, and other data, regardless of the type or format. The Cooperator shall provide access and the right to examine all records related to this agreement to the U.S. Forest Service, Inspector General, or Comptroller General or their authorized representative. The rights of access in this section must not be limited to the required retention period but must last as long as the records are kept. If any litigation, claim, negotiation, audit, or other action involving the records has been started before the end of the 3-year period, the records must be kept until all issues are resolved, or until the end of the regular 3-year period, whichever is later. Paget 7 of 47 7/7125 USDA FS-I500-7("R.05124) 1i Forest OABNo.0596-0217 U.S. DEPARTMENT a MENTOFAGRICUlTURR CXP: 05/31/2027 Records fornonexpendable property acquired in wholeorin part, with Federal funds must be retained. for 3 years after its final disposition. S. FREEDOM OF INFORMATION ACT (FOIA).Publicaccesstoaward oragreement records must not be limited, except when such records must be kept confidential and would have been exempted from disclosure pursuant to Freedom of Information regulations (5 U.S.C. 552). Requests for research data are subjeetto 2 CFR 215.36, Public access to culturally sensitive data and information of Federally -recognized Tribes may also be explicitly limited by P.L. 110-234, Title V1I1 Subtitle B §8106 (2008 Farm Bill). T. TERMINATION —COOPERATIVE FIRE. Eitherparty shall havetherightto terminate their participation underthis agreement in whole, Orin part, at any timebefore the date of expiration by providing 90 days written notice to the other party. If the agreement is terminated, the parties shall agree to the terms of the termination, including costs attributable to each party and the disposition of awarded or pending actions. If a party incurs costs due to the other party's failure to give the requisite notice of its intent to terminate the agreement, the Protecting party shall pay any actual costs incurred by the Supporting Party as a result ofthe delay in notification, provided such costs are directly attributable to the failure to give notice. U. ALTERNATE DISPUTE RESOLUTION. In the event ofany 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. V. DEBARMENT AND SUSPENSION. The Cooperatorshallimmediately informtheU.S. Forest Service if they or any of their principals are presently excluded, debarred, or suspended from entering into covered transactions with the Federal Government according to the terms of 2 CPR Part 180, Additionally, should the Cooperator or any of theirprincipals receive atransmittal letter or other official Federal notice of debarment or susperosion, then they shall notify the U.S. Forest Service without undue delay. This applies whether the exclusion, debarment, or suspension is voluntary or involuntary. W. MODIFICATIONS — COOPERATIVE FIRE. Modifications within the scope of this agreement must be made by mutual consent of the parties, by the issuance of a written modification signed and dated by all properly authorized, signatory officials, prior to any changes being performed, Requests for modification should be made, in writing, at least 30 days prior to implementation of the requested change. No party is obligated to fund any changes not properly approved in advance. Page 18 of 47 717f25 F. 0924} U S-1500-7 (VERSui Forest Service QMBtro,0596-0217 U.S. DEPARTMENT OF AGRICULTURE ExP: 05l31I2027 X. COMMENCEMENT/EXPIR.ATIONDATE —COOPERATIVE FIRE. This agreement is executed as of the date of the last signature and is effective through October 30, 2026 at which time it will expire, unless extended by an executed modification, signed and dated by all property authorized, signatory officials. If this agreement expires during an incident, the terms of this agreement will apply until the end of the incident. The parties must execute a written modification within 30 days following the incident to properly document the time extension. No other changes shall be retroactively applied for this time extension. All Fire Supplemental Project Agreements must be completed within the timeframe of this agreement. However, if this agreement is replaced or superseded by a new agreement, current Fire Supplemental Project Agreements may remain in effect to the extent they do not conflict with theprovisions of the new agreement, but only until such time that the Fire Supplemental Project Agreements can be completed or modified to be incorporated under the terms of the new agreement. Y. 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 agreement. In witness whereof the parties heto have executed this agreement as of the last date written below. �-z 16 � - t6- zo Z's; MARIO SAUCED ., Mayor Date City of Redlands yo RICH SESSLER, Fire Chief Date Redlands Fire Department DANELLE D. HARRISON, Forest Supervisor U.S. Forest Service, San Bernardino National Forest Date The authority and format ofthis agreement have been reviewed and approved for signature. DAR I U S Digslaily signed by oARIUS PARKS 1009A320 00'g PARKS DARIUS PARKS Date U.S. Forest Service, Grants Management Specialist Page 19 of 47 7i7/25 USDA '� S Forest service FS-15MBNO.0596-024) ® U.S. DEPARTMENT OF AGRICULTURE EXP:0 596-0217 IsXP: OS/31/2027 PapenvaricReduction Act Statement According to the Paperwork Reduction Act of 1995, an agency may not conduct or sponsor, and a person is not required to respond, to a collection a information unless it displays a valid OMB control number. Persons are not required to respond to this collection of information unless it displays currently valid OMB control number. Tlm OMB control number for this information collection is 0596-0217. Response to this collection of infomialio is mandatory. The authority to collect the infonnalion Section 7 of the Granger-Thye Act (16 U.S.C. 580d) and Title IV of the Federal Land Policy an Management Act of 1976 (43 U.S.C. 1751.1753), The time required to complete this information collection is estimated to average 4 hours per-responsr including the time for reviewing instructions, scorching existing data sources, gathering, and maintaining the data needed and completing and reviewin the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestion for reducing this burden, to: U.S. Department of Agriculture, Clearance Officer, OMM, 1400 Independence Avenue, SW, Room 404-W, Washington, D.C. 20250; and to the Office oribtanagentent and Budget, Paperwork Reduction Project (OMBB 0596-0217), 725 I7th Street NW, Washington, O.0 20503. tit accordance with Federal civil rights law and U.S. Department or Agriculture (USDA) civil rights regulations and policies, the USDA, its Agencies offices, and employees, and institutions participating in or administering USDA programs am prohibited from discriminating based on race, cold national origin, religion, sex, gender identity (including gender expression), sexual orientation, disability, age, marital staters, fonily/purental status income derived from a public assistance program, political beliefs, or reprisal or retaliation for prior civil rights activity, in any program or activtyr conducted or funded by USDA (not all bases apply to all programs). Remedies and complaint filing deadlines vary by pmRmni or incident. Persons with disabilities who require alternative means of communication for program information (e.g., Braille, large print, audiotape, American Sig Language, etc.) should contact the responsible agency or USDA's TARGET Center at (202) 720-2600 (voice and TYY) or contact USDA through th Fedeml Relay Service at (800) 877-8339. Additionally, program infonnation may be made available in languages other than English. To file a program discrimination complaint, complete the USDA Program Discrimination Complaint Form, AD-3027, found militia at How to Fit, Program Discrimination Complaint and at any USDA office or write a letter addressed to USDA and provide in the letter all of the information requeste in the tium. To request a copy of the complaint form, call (866) 632-9992. Submit your completed form or letter to USDA by: (1) mail; U.S. DepaAmet of Agriculture, Office of the Assistant Secretary for Civil Rights, 1400 Independence Avenue, SW, Washington, D.C. 20250-9410; (2) fax; (202) 691 7442; or (3) email: pmsmm.imakernsda.gov. USDA isan equal opporlunityprovider,enmployeamnd lender. The Privacy Act ofl974, 5 U.S.C. 552a and the Freedomof btfomnation Act, 5 U.S.C.552 govern iheconfidentiality, tobe provided for infomation Page 20 of 47 7/7/25 FS-I500-0(VBR.05/24) USDA $ Forest Service ONMNo.0596-0217 U.S. DEPARTMENT DFAGRICU ITURE EXP: 05/31/2027 Exhibit A —Map of Protection Areas and Boundaries Page21 of47 717125 FS-1500-7(VER.D5/2d) U- SDA S Forest Service OIv�No.D59b-0Z17 1J.5.DEpARFfAENT4FAGRICULTIJRE EXP:05/31/2027 EXHIBIT A— Map of Protection Areas and Boundaries Page 22 of 47 717125 USDA Forestservice PS-1500-7(VER.05l7A) U.S. DEPARTMENT OFAGRICULTURE EXPB 5/31/ 027 �xr; osisiizoz7 EXHIBIT B —Protection (Oneratine) Plan Instructions; The format of this exhibit is not defined. However, the exhibit shall only include programmatic operationalinformation forpreparedness and protection planning that meets the scope mid purpose of the agreement. This exhibit shall not include any information that contradicts the terms and conditions of the agreement. if reimbursable rates are identified in this exhibit, they mustbe applied in accordance with the terms of the agreement Page 23 of V 7/7/25 FS Agreement No. 25-FI-110512,09�005 Exhibit B OPERATINGPLAN FORCOOPERATIVE FIRE PROTECTION AGREEMENT Between The REDLANDS FIRE DEPARTMENT and U.S. FOREST SERVICE SAN BERNARDINO NATIONAL FOREST OPERATING PLAN The Parties will meet annually to review the Operating, Plan (OP) prior to the initiation of fire season. Any required changes to the OP avill be documented by a modification to agreement 25-Fi-I 1051200-00,5. The OP will include lists of principal personnel, dispatching procedures, and any other items identified in the Agreement as necessary for efficient implementation and use. The OP will become a part of the Cooperative Fire Protection Agreement (CFPP.). The OP commences as of the date of the last signature on the CFPA and will remain in effect until superseded by a new OP or upon expiration of the CFPA. On incidents, the Supporting Party shall furnish the Protecting Party, upon demand, a signed copy of the CFPA and current OP. MUTUAL AID RESPONSE PROCEDURES Mutual aid is the initial attack response by both The Department and U.S. Forest Service suppression resources that are identified in each Party's Emergency Command Center's nun 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 reimbursable fire assistance. After the mutual aid period has been exceeded. reimbursable fire assistance will revert back to the original time of dispatch. The U. S. Forest Service agrees to sendthe following resources initial attackresponse (Minimum), High Response Level Moderate Response Level Low Response Level 5 - Type 3 Engines 3 - Type 3 Engines 1 -Type 3 Engine 2-Hand crews (as available) 1-Fire Prevention Patrol Unit Or 1—Water Tender 1- Chief Officer 1- Fire Prevention ! Patrol Unit 1- Fire Prevention! Patrol Unit 1 - Chief Officer Any resources beyond this will be negotiated as reimbursable fire assistance. When the U. S. Forest Service is at draw down, resources dispatched will be modified. Page 24 of 47 7l7125 The Department agrees to send the following resources to the U.S. Forest Service as Automatic Aid to areas within the defined Mutual Aid Zone (MAZ), High Response Level Moderate Response Level LowResponse Level 2 -Type 3 Engines 1 - Type 3 Engine 1 - Types Erglne 1— Water Tender 1—WaterTonder 1-Chief Officer 1 - Chief Moor Whenthe Department is atdraw clown, resources dispatched maybe modified. An aerial drone maybe available to the U.S. Forest Service upon request when available. Aircraft (fixed and rotary -winged) including pilot(s) shall always reimbursable fire assistance, 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. DESCRIPTIONOF U.S. FOREST SERVICE DIRECT PROTECTION AREA (DPA) EXHIBIT A The U.S. Forest Service has the responsibility for prevention, protection, and suppression of wildland fires on NationalForest administered lands, and on adjacent or intermingled State and private forested lands as identified through CFPA. The Department agrees to send resources to the U.S. Forest Service as Automatic Aid to areas within the defined Mutual Aid Zone (MAZ) with no reimbursement for the first 12 HOURS. DESCRIPTION OF THE DEPARTMENT's DIRECT PROTECTION AREA (DPA) EXHIBIT B The Department has the responsibility for prevention, protection and suppression of structure and other non-Wildland fires within the established fire district. These structures and lands protected by the Department are intermingled or adjacent to lands protected by the U.S. Forest Service. CLOSEST FORCES The Department and the U.S. 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 fast appropriate resource to aid in the suppression of a wildfire. Page 25 of 47 7/7/25 SINGLE POINT RESOURCE ORDERING All requests for emergency assistance and incident support 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. Any resources ordered outside of the Unified Ordering Point CUOP) will be considered voluntary contribution to the incident and will not seek reimbursement, When ordering resources, it should be identified on the resource order, under "special considerations," when ordering for a specific agency mission need, even if/when going through another agency ordering point. COMMUNICATIONSAND 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. rn 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/U.S. Forest Service authorizes the use of the fallowing frequencies, These frequencies will be used for fne%rnergency only within or adjacent to the Department's responsibility area. CICCS / ICS QUALIFIED LIST The list of qualified personnel is maintained by the Department's Command/Dispatch Conter. The resources may be available on a reimbursable fire assistance basis depending on Party's drawdown and commitments. THE USE OF TRAINEES Both Parties agree to the use of trainees when practical; however, the automatic dispatch of or use of trahrees will not occur without prior approval of the hosting unit or incident Commander. All Departmenttrainees will be the cost responsibility of the sending unit, S VCTURE DEFENSE When the local agency's resources are exhausted and need to be augmented for structure defense, as determined andnegotiaied by the unified incident commandersin consultation with Page 26 of 47 7/7125 Agency Representative and Agency Administrator, the Federal Agency havingDPA responsibility may bear the cost of the augmentation. REIMBURSEMENT Personnel, Equipment & Aircraft- Outlined in agreement under: VIII REIMBURSEMENT AND USE OF COOPERATIVE FIRE RESOURCES: For Reimbursement under the terms of this CFPA all resource orders must be dispatched and processed by the SANBERNARDINO NATIONAL, FOREST, Communication Center, whennot in Unified Command, Any request not dispatched or processed by this ECC will not be reimbursed under this local agreement. U.S. Forest Service Personnel, Equipment and Agency owed Aircraft: Reimbursable U.S. Forest Service costs will include actual costs associatedwith the direct fire operations and incident support ordered by or for the incident (except as otherwise described asreciprocal 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 U.S. Forest Service ispublished 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 itwith local fire departments to improve local fire programs. If this loaned federal property is used on a U.S. Forest Service incident, the Department will Only charge the U.S. Forest Service operating costs that include maintenance, fuel, oil, etc. Charges may not include amortization, depreciation replacement costs modification start-up costs or related charges. Page 27 of 47 717/25 WHERE TO SEND RE tMBURSEMENT INVOICES Invoices for services under this agreement must be sent electronically to the following addresses as appropriate. This address supersedes any invoice mailing address which may be reflected in the existing cooperative agreement. U.S. Forest Service Redlands Fire Department Name: Planning Chief —Stephanie Childs Name: Deputy Chief -Reggie Brown Address: 602 S. Tippecanoe Ave. Address: 35 Cajon Street, Suite 12 City, State, Zip: San Bernardino,CA92408 P.O. Box3005 Telephone: 909-3 82-2631 City, State, Zip: Redlands, Ca 92373 Fax: 909-383-5770 Telephone:909-265-6128 Email: stephanie.childsrrusda.gov FAX:N/A Email rbrown @confre.ora ITEMS NOT REIMBURSABLE The following items are not reimbursable in the execution of this Agreement and are considered standard personal support supply/equipment. Laptop Computers Incident position support kits - Calculators 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. 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 reliefpersonnel 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 U.S. Forest Service agree that their Incident Commanders will release suppression resources to their primary mission responsibilities as soon as priorities allow. Page 28 of 47 7/7/25 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 U.S. 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. AIRBOTTLE SUPPORT The Department agrees to refill breathing apparatus bottles when requested by the U. S. Forest Service subject to compliance with all laws and policies pertaining apparatus. NON -WILDFIRE INCIDENTS The Department has jurisdictional responsibility for all non -wildfire emergencies within its protection area even whenthese areas include U.S. 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. JOINT PRESS RELEASES Develop joint press releases on cooperative fire protection issues to ensure that the interests of both Parties are adequately addressed. SMOI(EY BEARPROGRAM The Parties will cooperate in the delivery of Smolcey Hear 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 cooperative 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 Page 29 of 47 717125 or local fire protection district personnel authorized to do so by the Director ofCDF. 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 other's DPAs. Both Parties agree to notify one another when bum permits are issued. Fire Restrictions, Red Flag or other situations that may affect the safe execution of campfire and/or burn permits will be shared by each Party. NON -FIRE PROJECT USE OF RESOURCES Each of the Parties may jointly conduct appropriate mutual interest projects. These projects may include but not limited to hazardous fuels reduction (Lo.: prescribed fire burn and prep., thinning, etc.) and facility/compound maintenance. Any shared cost or reimbursement will be governed in accordance with a Supplemental Project Agreement signed by each Party prior to the start of the project. WILDLAND FIRE DECISION SUPPORT SYSTEM tWPDSS) U.S. Forest Service policy requires the use of "Wildland Fire Decision Support System" (WFDSS) for all fires on or threatening U.S. Forest Service administered lands that have escaped initial attack In Unified Command situations the U,S. Forest Service will include the Department's input into the development of control objectives, strategy and priorities. 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 OP will become attaehnionts to the OP as Exhibit A through a modification to the CFPA. 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 orspecial management consideration areas. Page W of 47 7/7/25 APPROVAL: IN WITNESS WHEREOF, the Parties have executed this Operatine, Plan as of the last date written below: XXN, FIRE CH2 F Redlands File Department DanctleU Harrison, U.S. Forest Service, San Bernardino National Forest Date The authority and Formatof this instniment have been reviewed and approved for signature. XXIVIXXX atc U.S. Forest Service Grants lulatagenient Specialist ate Page 31 of 47 717125 APPENDIX A San Bernardino National Forest DPA MAP Page 32 of 47 7I7125 APPENDIX B LRA DPA MAP City of Redlands �Yildfaird f'ru[ecNoLr �lgreemeStt (TLT_!J lSlla Spmke3r,)• I' I ay.lkeys ase:r.: 0Iract Pionctivn Ant (6PA) r 11 M. fY. upx U.1 WA Page 33 of 47 717125 APPENDIX C IRE, DLANDS ME DEPARTMENT FREQUENCY ASSIGNMENTS The Department agrees to authorize use by the Forest Service of the following frequencies Command 2-CMD-3 (800) Comm Center MFIz I Dispatch Tactical RX 153.8300 TX 153.8300 DDCV15 RX154,7325 RX154,7325 BDCV17 APPENDIX D SAN BERNARDINO NATIONAL FORETREST FREQUENCYASSIGNM1TNS TheForest Service agrees to authorize use by the Department of the following frequencies: Command RX 171.4750 TX 171.4750 Forest Net Direct RX 171.4750 TX 168.1500 Forest Net Repeat RX 172.2250 TX 164.1375 Admin Net Tactical TX 166.5500 R5 Tac 4 TX 167.1125 R5 Tac 5 TX t69.1125 RS IA Air to Grad 59 TX 168.4875 RS IA Air to Grad 53 Those frequencies will be used for fire/emergency only within or adjacent to the Forest Service's responsibility area. Page 34 of 47 717125 APPENDIX E REDLANDS FIRE DEPARTMENT CHIEF OFFCCR & CONTACTS HEADQUARTERS OFFICE 35 Cajon Street, Suite 12 Redlands, CA 92373 (909) 79S-,'600 Name Rank Office Phone Cell Phone Entail Rich Sessler Fire Chief 700 (909) 798-7604 (909) 714-1795 rsessler confire.or rbrown6aiconfire.oEg dde€ manfczconfire.na dlcetchersideaconfirc.oru Reggie Brown Deputy Chief 701 (909) 798-7693 (909) 265-6128 DaveDenman Battalion Chief 705 (909) 798-7605 (909) 742-2067 Dave Ketcherside Battalion Chief 704 (909) 798-7600 (909) 233-9041 Nathan Bristol Battalion Chief 706 (909) 798-7600 1 (909) 836-4609 nbristoIca' conftre.orf" Josh Haman Battalion Chief 707 (909) 798-7600 1 (909) 742-2080 ihannan0 confire.arg Page 35 of 47 7/7/25 APPENDIX F U.S. FOREST SERVICE DUTY & LINE 0MCER CONTACTS :Supervisor's Office Fire Staff :.909.382.2600 -, San Bemardlrro ATB ,. 909.382.2889 , .. , .. , ... ... ... FICC plspati6 . .. 909.31i3,.5694 ... '. Emergancy 909M.5&i'i ... - . NAME CALL SIGN POSITION WORK MOBILE EMAILADDRESS Sal Reyes Chiefs Foroal Fira Chief 909,382.2030 951.230.1925 salvadocreyes@usda.gov Josh Boehm Chlef2 Dopu Forest FlreC a (Opemk n8) 009.382,2629 909.454.5348 Joshua.boehm@usda.gov Lauren Blake Chief$ Deputy Forest Fire Chief(FpN) 909,382.2996 961.573.6065 lauren,blake@usda.gov Michael Troxal Division 6 FICC Center Manager 009.383.5651 909A96.7363 mlchael.troxel@usda.gov Doug Ross Division 7 Aviation Officer 900.382.2904 951.288.5372 doug.ross@usda.gov Stephanie Childs Division FlroMgmt. PlanningSpeclallst 909.382.2631 626A02.6660 stephanie.chllds@usda.gov Vacant Information Forestinformation Vacant Safety Forest Safety and Risk Mgmk, Divsion fitap Wesf(SkyPorostOffioe} 909:$82.2756. .Ensf(Fawnslan Office) 909.382.2190 - Michael Page Division 1 Division Chief 9093382.2893 909.486,1716 micbael.),page@usda.gov Vacant Battalion ti WestBattallon Brian Grant Battalion 12 ProvenOcniFuels Battalion 909.382.2802 909.806.0383 braln.grant3@usdagov Mike Koontz Battalion 13 East Battalion 909.382.2772 951.315.5849 micheal,koontz@usda.gov Front Connlry DIviS en West(I-Ao•Creok Office) ) 909.282.2850 .15ast(Mili Creek Office) 909.382.2881 Vacant Division 3 Division Chief Nate Leatherman Battalion 31 West Battalion 909.707.6046 009.4a6,1716 nakhan.leatherman@usda.gov Jalkaystitt Battalion 32 Protoctio4uels Battalion 909.382,2986 6131.478.2136 Jsffray,stitt@usda.gov Vacant Battalion 33 East Battallon San Jacinto Division Idyllmld Offce 90g,382.2930 Chris Fogle Division 5 Division Chief 909.659.3926 009.238.2107 chris.fogle@usda.gov Vacant Battalion 51 Suppression Battalion Avdul Pula Battalion 52 PreventlontFueb Battalion 951.659.2614 909.486.1-102 avdula.pula@usda.gcv Vacant Battalion 53 Suppression Battalion ForetiServicp Line Officers Name Position Work Mobile Danelle tlardson Supervisor Forest Supervisor 009.382.2600 danelle.harrison@usdagov Jamahl Butler Supervisor Deputy Forest Supervisor 909.382.2003 nicholas.J.butler@usda.gov Vacant Rangorl DNkict Ranger Michael Nobels Rangor3 District Ranger 909.382.2620 951.204.0165 mike.nobles@usda.gov Annemarie Santana Rangers District Ranger 909.603.7105 armun riesam..(Musda.gov Page 36 of 47 7)7)25 U i Forest service PS•15D0 OMB No, 96. �� U,S, DF.PARTWNTOFACIRICULTURE OMB No, 05021 0217 EXP; 05/31/2027 Exhibit C --Fire Supplemental Project Agreement FS (a) Suppletneatal Project Agreement No. Cooperator (U) Project Agreement No. FIRE SUPPLEMENTAL PROJECT AGREEMENT Between (c) And (d) This Fie Supplemental Project Agreement (SPA) is hereby made and entered into by and between (e) , hereinafter referred to as "the Cooperator," and (t) , hereinafter referred to as the U.S. Forest Service tinder theReciprocal Fire Protection Act oflvlay27,1955, (42 U.S.C. 1856a) and tinder the provisions of the Local Cooperative Fire Protection Agreement No. (g) executed between the Parties, Project Title: (h) I. BACKGROUND: As referenced above, the Parties entered into a Local Cooperative Fire Protection Agreement. The Agreement allows the parties to cooperatively conduct projects or share resources for fire protection and prevention, which includes such activities as prescribed fire/fuels management, preparedness, fire analysis/planning, rehabilitation, training, prevention, public affairs, and other beneficial efforts in, support of fire management, II. PURPOSE: The purpose of this SPA is to document tho Parties' contributions and cooperation regarding (i), This project is further described in the hereby incorporated Financial and Project Plans, attached as Exhibits 0) Page 37 ot47 7/7/25 USDA Forest Service rS-1500-7 (VER, 05/24) UPS U.S. DEPARTirIENT QFAGRICULTURE oNLB No. 0596- 0217 EXP: 05/31/2027 III. THE; COOPERATOR SHALL: A. Perform in accordance with the terms of this SPA and with the Financial and Project Plans, Exhibits 0) B. Bill the U.S. Forest Service for actual costs Incurred, not to exceed (k)$ ,as agreed to in the attached Financial Plan. C. Upon presentation of a Bill for Collection, reimburse the U.S. Forest Service for actual costs incurred, not to exceed (1)$ as agreed to in the attached Financial Plan. IV. THE U.S. FOREST SERVICE SHALL: A. Perform in accordance with the terms of this SPA and with the attached Financial and Project Plans, Exhibits 6) B. PAYMENT/REIMBURSEMENT. The U-S_ Forest Service shall reimburse the Cooperator for the U.S. Forest Service's share of actual expenses incurred, not to exceed (k)S , as shown in the attached Financial Plan. The U.S. Forest Service shall make payment upon receipt of t€le Cooperator's (m) invoice, Each invoice from the Cooperator must display the total project costs for the billing period, including the Cooperator's share (when applicable). Cooperator in -kind contributions must be displayed as a separate line item and must not be included in the total project costs available for reinnbursement. The final invoice must display the Cooperator's full match towards the project, as shown in the financial plan, and be submitted no later than 120 days from the SPA expiration date. Each invoice must include, at amininnum: 1) Cooperator's complete legal name, address, and telephone number 2) U.S. Forest Service Supplemental Project Agreement number 3) Invoice date 4) Invoice number, if applicable 5) Performance dates of the work completed (start & end) 6) Total invoice amount forthe billing period The invoice must be forwarded to: EMAIL: S7M.FS.ASC GA(d USDA.GOV FAX: 877-687-4894 Page 38 of 47 7/7125 USDA Forest service Fs-tsooa(vaa, U , U.S. DEPARTMENTOFAGRICULTURE OMB No. POSTAL: Budget & Finance - Grants and Agreements 4000 Masthead St, NE Albugaerque,NM87109 Send a copy to: (n) C. REIMBURSABLEBILLING, The U.S. Forest Service shall bill the Cooperator (m) forfandssuffrcietnttocoverthecosts forthespecific payment period, not to exceed (1)$ as shown in the attached Financial Plan. All reimbursement billings must be completed within the same fiscal year as U.S. Forest Service expenditures. Overhead is assessed at the rate of (o) percent. Billings must be sent to: (p) The U.S, Forest Service is required to issue bills for expenditures incurred under reimbursable agreements at the end of or prior to the end of each federal fiscal year. Therefore, an out -of -cycle bill may be received by the Cooperator. If payment is not received to the satisfaction of the U.S. Forest Service by the date specified on the bill, the U.S. Forest Service shall exercise its rights regarding the collection of debts owed to the United States. D. (q)SPECIALBILLINGREOUIREMENTS—FINANCIAL DOCUMENTATION. Reimbursable billings shall be issued at the prescribed frequency based on expenditures recorded in the U.S; Forest Service accounting system for work performed. Bills forCollection reflect an aggregate amount forthe billing period, U.S. Forest Service Transaction Register listing itemized expenses will be provided upon request at the end of aproject or annually for long-term agreements. Provision of the Transaction Register or other supporting documentation accompanying individualbills will belimitedto agreements over$2,500, and only when Cooperator requirements are clearly defined within this clause. Thespecial billing requirements are: (r) E. (s)SPECIALBILLINGREOUIRF.MENTS—PROGRAM DOCUMENTATION. The U.S. Forest Service Program Manager shall provide the Cooperator with a written report that meets the Cooperator's specific documentation requirements, V. IT IS NUTUALLYAGREEDAND UNDERSTOODBYAND BETWEEN THE PARTIES THAT: Page 39 of 47 7/7/25 USDA Foresi service FS-1500-7(VSB. 052 U OMB No. 0596- U.S. DEPARTMENT OFAGRICU 4TURE 0217 EXP:0513V2027 A.(t)PRINCIPALCONTACTS . Individuals listedbelow are authorized to act in their respective areas for matters related to this SPA. (u) Principal Cooperator Contacts: CooperatorProgram Contact Cooperator Administrative Contact Name: Name: Address: Address: City, State, Zip: City,State,Zip: Telephone: Telephone: FAX: FAX: Email: Email: (v) Princigal U.S. Forest Service Contacts: U.S. Forest Service Program Manager Contact U.S.ForestService Administrative Contact Name: Name: Address: Address: City, State, Zip: City,State,Zip: Telephone: Telephone: FAX: FAX: Email: Email: &. LIABILITY, As set forth under theprovisions ofthe referenced Cooperative Fire Protection Agreement. C. (w)Mutually agree to the Brun Plan relevant to this SPA, and to any agreed upon revision thereof. Revisions to the Bum Plan that do not materially affect the purpose and/or terms ofthe SPA, but rather only revises the implementation of the project, do not require a modification to this SPA. The Bunn Plan, and any revision thereof, is incorporated by reference into this SPA and will be maintained by and provided to the Program Contacts listed above. D. In the event of a conflict between the provisions of this SPA and the referenced Cooperative Fire Protection Agreement, the Cooperative Fire Protection Agreement shall take precedence. E.(x}PROGRAMMONITORINGANDPROGRAM PERFORMANCE REPORTS, The patties to this agreement shall monitorthe performance ofthe agreement activities to ensure that performance goals are being achieved,. Performance reports must contain information on the following: Page 40 of 47 717/25 USDA ,�';''ici Forest Service FS-1500-7 (VER, 05/24) OMBNo.0596- �T� U.S. bGpARTMENTOFAGRICULTURC 0217 1;xP:05131/2027 -Acomparisonofactual accomplishments to the goals established forthe period. Wherever the Output of the project can be readily expressed in numbers, a computation of the cost per unit of output, if applicable. - Reason(s) for delay if established goals were not met. -Additional pertinent information The Cooperator shall submit annual performance reports to the U.S. Forest Service Program Manager, These reports are due 90 days after the reporting period. The final performance report must be submitted either with the Cooperator's finalpayment request, or separately, but not later than 120 days from the expiration date of the agreement. PROGRAMMONITORING AND PERFORMANCE REPORTS. Theparties to this agreement shall monitorthework activities to ensure that performance goals are being achieved. Thecooperatorshall prepare aperformance report for each reporting period that contains the following: -A comparison of actual accomplishments to the goals established for the period. Wherever the output oftheproject canbereadily expressed innumbers,the report shall also include a computation of the cost per unit or output, as applicable. Example; Goal-50 miles oftrail maintenance; Actual-25 miles oftrail work completed near mile marker 0.7. 25 miles x $422/mile = $10,500 -Ifestablished goals were not met, the report shall include (1) the reason for the delay, (2) a detailed explanation of why the goal was not achieved and identify any factors that may have contributed to the delay, and (3) a plan of action for addressing the issue and getting the project back on track. The plan should outline the specific steps that will be talcen to address the issues and a timeline for implementing these steps. This information will enable the Forest Service to understand the reasons for the delay to determine if an agreement modification is warranted. Example: Due to severe weather conditions, the crew was unable to reach certain areas impacted by landslides. Theschedule has been modif ed to have a 5-person crew onsite starting in May, 2023 to complete the remaining 25 miles of trails when optimal weather conditions are expected. -The report shall also include any additional pertinent information relevant to the project. For each ALN/CFDA, the performance report must include all relevant project work completed and/or invoiced for the reporting period then submitted to the Forest Service Program Contact. The quarterly performance report for each respective ALN/CFDA is due no later than 30 days after the reporting period ending March 31, June 30, September 30, December 31. The annual performance report for each respective ALN/CFDA is due Page 41 of 47 717126 USDA U S Forest Service Ps-1500-7 VER.o5/2E4) "m U.S. DEPARTMENT OFAGRICULTURE OM13No. 0596. 0217 _. EXP; 05/31/2027 no laterthan 90 days after thereporting period ending March 31, June30, September30, December 31. The final performance report must be submitted either with the Cooperator's final payment request, or separately, no later than 120 days from the expiration date of the agreement, whichever is soonest. For CFDA# . a[QUARTERLY] progress report is required. For CFDA # . an [ANNUAL] progress report is required. If financial and performance reports are not timely submitted according to the outlined terms and schedules, it is considered a material breach of the agreement and will result in payment delays and could potentially lead to termination of the agreement. F. (y) PURCHASE OF ASSETS. Any assets (such as equipment, property, or improvements)purchased bytheU.S. Forest ServicewiththeCooperator's contributions shall becomethe property of the U. S. Forest Service, unless otherwise docuunented via separate authority and instrument. G. (z)PROPERTY IMPROVEMENTS. Improvements placed on federal land at the direction, or with the approval of, the U.S. Forest Service, becomes property of the United States. These improvements are subject to the same regulations and administration oftheU.S. Forest Service as would other agency improvements. No part of this SPA entitles the Cooperator to any interest in the improvements, otherthan the right to use them under applicable U.S. Forest Service Regulations, II. PARTICIPATION IN SIMILAR ACTIVITIES. This SPAfii noway restricts thePinties from participating in similar activities with other public or private agencies, organizations, and individuals. I. ENDORSEMENT. Either Party's contributions made under this SPA do notby direct reference or implication convey endorsement of each other's products or activities. ALTERNATE DISPUTE RESOLUTION. In the event of any issue of controversy under this SPA, 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. K. MODIFICATION --COOPERATIVE FIRE. Modifications within the scope ofthis SPA must be made by mutual consent of the Parties, by the issuance of a written modification signed and dated by all properly authorized, signatory officials, prior to any changes being performed. Requests for modification should be made, in writing, at least (aa) dayspriorto implementation oftherequested change, No Party is obligatedto Rind any changes not properly approved in advance. L. TERMINATION— FIRE SUPPLEMENTAL PROJECT AGREEMENT. EitherParty, in writing, may terminate this SPA in whole, or in part, at anytime before the date of Page 42 of 47 7/7125 USD i Forest Service FS-1500OMBNNo.0003R6- 021 ( U.S, DEPARTMENT OFAGRICULTURE , 0217. ' EXP•0513112027 expiration. Neither Party shall incur any new obligations for the terminated portion of this SPA after the effective date and shall cancel as many obligations as possible. Full credit shall be allowed for each Party's expenses and all non -cancelable obligations properly incurred up to the effective date of termination. M. COMMENCEMENT/EXPIRATIONDATE—FIRESUPPLEMENTALPROJECT AGREEMENT. This SPA is executed as ofthe dateoflast signature and is effective through (bb) at which time it will expire unless extended. If the referenced Cooperative Fire Protection Agreement is superseded by a new Cooperative FireProtection Agreement, this SPA may remain in effect to the extent that it does not conflict with the provisions of the new Cooperative Fire Protection Agreement, but only until such time that the project can be completed or modified to be incorporated within the terms of the new Cooperative Fire Protection Agreement. N. AUTHORIZED REPRESENTATIVES. By signature below, the Parties certify that the individuals listed in this document as representatives of each Party are authorized to act in their respective areas for matters related to this SPA. (dd) (ee) Date (K Date 0) The authority and format of this SPA have been reviewed and approved for signature. U.S. Forest Service Grants Management Specialist Date Page43 ot47 7R/25 orest service FS-1500-7(VER05I24) USDA if S F0596- U.S. DEPARTMENT OF AGRICULTURE OMBNo.0217 CXP:05/31/2027 INSTRUCTIONS forExhibit C -Fire Supplemental Project Agreement All provisions in this instrument are mandatory, unless otherwise excepted. Depending on the type of project, there may be additional provisions necessary for compliance with U.S. Forest Service directives or regulations (for example, occupancy/improvements for shared space or joint publications). (a) U.S. Forest Service Project Agreement No. For example: FY-FP-IIRRUUSS-XXX. (b) CooperatorProject Agreement No. Insert Cooperator project agreement number, if applicable. (c) Insert name of Cooperator. (d) Insert name of U.S. Forest Service Unit. (e)Insert Cooperatorname as cited above. (f) Insert U.S. Forest Service name as cited above. (g)Insert corresponding U.S. Forest Service Agreement # as identified on Cooperative FireProtection Agreement. (h)Insert project title. (i)Enter brief preject description. 0) Insert alpha or numeric reference to the Exhibit added that provides a Financial and Project Plan. Note: The Project Plan may include tasks/projects defined in the Operating Plan (as referenced in the Background section), or it may be a Burn Plan, if applicable. (k) Insertamount. IftheU.S. Forest Serviceis not obligating funds forreimbursoment to theCooperator, then delete this provision. (I) Insert amount. Ifthe U.S. Forest Service is not collecting funds from the Cooperator, then delete this provision. (m)Select and insert the appropriate billing cycle: monthly, quarterly, semi-annual, or annual. Note: quarterly dates (December 31, March 31, dune 30, and September 30), semi-annually (March 31, and September 30) or annually (September 30 or earlier). (a) Insertother contact name and address, if applicable, otherwise delete. (o) Insertthe U.S. Forest Service burden/overhead rate. Enter `shall not be assessed' if burden is not applicable, (p) Enter Cooperator's name, name of point of contact, and mailing address to which billing documents should be sent. (q)If the U.S. Forest Service is not collecting funds, delete this provision. When U.S. Forest Service is collecting funds, the provision is optional if the Cooperator requires financial documentation. This provision Page 44 of 47 7/7I25 rs-tsoo.os24IUUSSDA Forestservice OMBNo.D54G- U.S� tlEFARTMENTOFAGRICULTURE 0217 EXF' 0513112027 alerts ASC-RAGA that theU. S. Forest Service shall provide transaction registers with any billing to the Cooperator under this Agreement. (r) Insert special billing requirements here, such as whether the billing requirements are either with each bill, upon project completion, or annually. (s)lf the U.S. Forest Service is not collecting funds from the Cooperator, delete this provision, When U.S. Forest Service is collecting funds, the provision is optional if the Cooperator requires an accomplishment or program report with each BFC. This provision alerts ASC-RACA that the U.S. Forest Service must coordinate BFCs with the PM for submission to the Cooperator. (t) May be changed to accommodate additional contacts. (u) Insert ALL of the requested information below. If information is unavailable, then make a good -faith effort to obtain. (v) Insert ALL of the requested information below. if information is unavailable, then inake a good -faith effort to obtain. (w) IfaBum Plan is not attached, remove this provision. (x) Mandatory provision if U.S. Forest Service is reimbursing the Cooperator. (y) Ifthe U.S. Forest Service is not collecting funds from Cooperator, delete this provision. (z) Mandatory provision if property improvements result from a project on federal lands. Do not use this provision ifimprovements are owned by the Cooperator and covered under another instrument such as a Special Use Permit or license. (aa) Insert a notification period that is no less than 30 days. (bb) Insert the expiration date not greater than the expiration date ofthe Cooperative Fire Protection Agreement. (cc) Insert date of signature. (dd) Insert name of signatory official for Cooperator. (ee) Insert Cooperatorsignatory official's positional title. (ff) Insert Cooperator's organizational name. (gg) Insert date ofsignature. (hh) Insert name of U.S. Forest Service Signatory Official. (ii) Insert U.S. Forest Service signatory official's positional title. 6j) Insert US, Forest Service Region, Office, or Unit. Page 45 of 47 7/7125 USDA ' Forest Service F3-150D-7 R.OS/24) A U.S. 05PARTMENT OF AGRICULTURE OMB No. 0596. 0217 MPM/31/2027 (kk) Insert date of signature. 01) Insert Grants Management Specialist's name. Page 46 of 47 7/7125 'USDA `^ Forestservice PS-1500-7(VER.05/24) A U�s Us. OMB No.0596- 0217 EXP: 05/31/2027 Exhibit D —Cost Share Agreement ci en . ame Incident Number( Cost Share Starl/End Cause Incident Command.' Structure' Unified .: Command Jurisdictions I This Cost Share Agreement between and was prepared under the authority of the Local Cooperative 14re Protection Agreement number: Itis herebyagreed that the costbasis on this incidentwill be sbared as follows: Rationaleased in developing this cost agreement: Thefollowing section is optional,but maybe usedif costs are calculatedon a percentage basis: Agency Direct Cos Support Cost Air/RetardwtCost. ; This agreemout and theappordonment contained are our bestindgements of agency cost responsibilities. Signature Signature Print Name Print Name Agency Agency Date Date Phone Phone Page 47 of 47 7/7/25