Agenda Item No. 7
CITY OF YUCAIPA
AGENDA REPORT
TO: Honorable Mayor and City Council Members
FROM: Grant Malinowski, Fire Chief
FOR: City Council Meeting October loth, 2022
SUBJECT: CAL FIRE Wildland Protection Agreement
RECOMMENDATION:
1. That the City Council approve the FY22/23 wildland protection agreement between the City of Yucaipa and CAL FIRE; and
2. Authorize the City Manager to execute the agreement and act as the representative for the City of Yucaipa, and
3. Allocate the amount of $69,112.01 from the Fire Fund Balance for the funding of this agreement.
DISCUSSION:
On December 131h, 2021 City Council approved to enter a wildland protective agreement with CAL FIRE annually. These contracts are a single year agreement and must be renewed and signed annually.
The City of Yucaipa has thousands of acres of wildland and wildland urban interface that are in High or Very High fire hazard severity zones that the City is fiscally responsible for wildland fire suppression otherwise known as "Local Responsibility Area" (LRA). In general, these lands are adjacent to lands that the State of California (SRA) is fiscally responsible for. A wildland protection agreement would provide an approximately 1,800 acre buffer of protection in these adjoining areas and this proposed area would be treated as if it was state wildlands (while remaining the City of Yucaipa) and therefore become the fiscal responsibility of CAL FIRE for the entire duration of any wildland incident, this includes response and access to all state ordered resources such as Air Attack, Air Tankers, Helicopters, Bull Dozers, Hand Crews, Fire Engines, Chief Officers, Incident Management Teams and associated logistical costs such as equipment repairs, feeding, lodging, facility rentals, fuel etc... The potential cost to the city for any significant wildland fire in the LRA could easily exceed $1,000,000. A wildland protection agreement with CAL FIRE is recommended to protect the City financially from significant wildland incidents.
Major incidents have impacted the City of Yucaipa with the recent 2020 El Dorado and Apple -105-
fires, 2019 Sandalwood fire and 2008 Oak Glen and Pendelton fires. Other cities in the neighboring area that also have wildland fire protection agreements include Redlands, Calimesa, Loma Linda and Colton
FISCAL IMPACT:
There is adequate funding available in the Fire Fund Balance to accommodate this request.
Approved by: &?�/ V a7
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STATE OF CALIFORNIA—NATURAL RESOURCES AGENCY Gavin Newsom, Governor DEPARTMENT OF FORESTRY AND FIRE PROTECTION 5";.�.. ' P.O. Box 944246 �.
SACRAMENTO, CA 94244-2460'-' 4'
(916) 653-7772
Website: www.fire.ca.gov
May 11, 2022
Grant Malinowski
34272 Yucaipa Blvd
Yucaipa, CA 92399
Chief Malinowski:
Please find the following documents enclosed:
• (1) Full LG-W Agreement (Courtesy Copy) - between the City of Yucaipa and the California Department of Forestry and Fire Protection (CAL FIRE) for Wildland Services during the fiscal years of 2022 thru 2023. • (1) LG-W Agreement Signature Page Please return dated with the wet (scanned) signatures. (See email address below)
• (1) Resolution Agreement - Please return dated with the wet (scanned) signatures. (See email address below)
The Resolution must be signed by the same person signing the LG-W Agreement.
Once the signature page and resolution agreement have been signed please scan and email them to me at natric!..aguadap_fire.ca.c±ov
Feel free to contact me Battalion Chief Patrick Aguada at 909-531-2733 if you have any questions and/or concerns.
Respectful
K", 7-1)
t.
Patrick Aguada
Battalion 3517
"The Department of!'orestry and Fire Protection serves and safeguards the people and protects the property and resources of California. " -107-
STATE OF CALIFORNIA
COOPERATIVE FIRE PROGRAMS AGREEMENT NUMBER
3CA05881
LOCAL RESPONSIBILITY AREA WILDLAND PROTECTION
REIMBURSEMENT AGREEMENT REGISTRATION NUMBER:
LG-W REV 3/2022
1. This Agreement is entered into between the State Agency and the Local Agency named below:
STATE AGENCY'S NAME
California Department of Forestry and Fire Protection — (CAL FIRE)
LOCAL AGENCY'S NAME
City of Yucaipa (Wildland)
2. The term of this Agreement is: July 1, 2022 through June 30, 2023
3. The maximum amount of this Agreement is: $ 69,112.01 Sixty Nine Thousand, One Hundred Twelve Dollars, and One Cent
4. The parties agree to comply with the terms and conditions of the following exhibits which are by this reference made a part of the Agreement.
Exhibit A — Scope of Work — Includes page 2 (contact page) in count for Exhibit A 3 pages Exhibit B — Budget Detail and Payment Provisions 2 pages Exhibit C* — General Terms and Conditions; DGS GTC Version: 04/2017 0 pages Exhibit D — Special Terms and Conditions (Attached hereto as part of this Agreement) 1 pages Exhibit E —Additional Provisions 6 pages
*Items shown with an Asterisk (1, are hereby incorporated by reference and made part of this Agreement as if attached hereto.
General Terms and Conditions can be viewed at: http://www.dgs.ca.gov/ots IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.
LOCAL AGENCY
LOCAL AGENCY'S NAME
City of Yucaipa
BY (Authorized Signature) DATE SIGNED(Do not type)
PRINTED NAME AND TITLE OF PERSON SIGNING
ADDRESS
34272 Yucaipa Blvd. Yucaipa, CA 92399
STATE OF CALIFORNIA
AGENCY NAME
California Department of Forestry and Fire Protection
BY (Authorized Signature) I DATE SIGNED(Do not type)
PRINTED NAME AND TITLE OF PERSON SIGNING II
Bret Gouvea, Assistant Deputy Director, Cooperative Fire Protection, Safety, Training, and EMS INI ADDRESS P.O. Box 944246, Sacramento, CA 94244-2460
California Department of General
Services Use Only
Contractor Name: City of Yucaipa (Wildland)
Contract No: 3CA05881
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EXHIBIT A
COOPERATIVE FIRE PROGRAMS
AGREEMENT FOR PROTECTION OF WILDLANDS WITHIN LOCAL AGENCY RESPONSIBILITY AREA
1. The project representatives during the term of this Agreement will be:
CAL FIRE Unit Chief:
Name:
Shane Littlefield
Phone:
(909) 881-6900
Fax:
(909) 881-6969
Local Agency:
Name:
Phone:
Fax:
City of Yucaipa
Ray Casey
(909) 797-2489
(909)790-9203
All required correspondence shall be sent through U.S. Postal Service by certified mail and directed to:
CAL FIRE Unit Chief:
Shane Littlefield
Local Agency:
City of Yucaipa
Section/Unit:
San Bernardino
Section/Unit:
Attention:
Patrick Aguada
Attention:
Ray Casey
Address:
3800 N. Sierra Way
Address:
34272 Yucaipa Blvd
San Bernardino, CA
Yucaipa, CA 92399
92405
Phone:
(909) 881-6900
Phone:
(909) 797-2489
Fax:
(909) 881-6969
Fax:
(909) 790-9203
Send an additional copy of all correspondence to:
CAL FIRE
Cooperative Fire Services
P.O. Box 944246
Sacramento, CA 94244-2460
2. AUTHORIZATION
This Agreement is entered into this 1st day of July, 2022, by and between the State of California, hereinafter called STATE and City of Yucaipa, County of San Bernardino, State of California, hereinafter called Local Agency through its duly authorized officers. As used herein, Director shall mean Director of the California Department of Forestry and Fire Protection (CAL FIRE). Where the standard clauses for example in Exhibit C, use the word "Contractor" that word shall mean LOCAL AGENCY as LOCAL AGENCY is used in this Agreement.
Section 4142 of the Public Resources Code provides that the Director may enter into cooperative Agreements with local jurisdictions for the purpose of providing wildland fire protection.
3. SCOPE OF WORK
LOCAL AGENCY has the responsibility for protection of life, property, and wildland areas comprising 2002 acres of land as indicated on the map included under Exhibit E and desires to contract with the STATE to provide wildland fire protection to said area. -109-
Contractor Name: City of Yucaipa (Wildland)
Contract No: 3CA05881
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STATE has the ability to provide wildland fire protection for said area, of the type and degree, which it now provides on adjacent State Responsibility Areas. -110-
Contractor Name: City of Yucaipa (Wildland)
Contract No: 3CA05881
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4. SERVICES BY STATE
A. STATE shall provide wildland fire protection for the areas defined in the above section.
B. For those areas, which are adjacent to State Responsibility Area, STATE will provide wildland fire protection at the same level of service it now provides on adjacent State Responsibility Area.
C. For those areas (islands), which are not adjacent to State Responsibility Area, the wildland fire protection provided by the STATE will be limited to those resources identified in the preplanned wildland response for the respective area. Any resources beyond those specified in the preplanned wildland response are assistance by hire and the financial responsibility of the LOCAL AGENCY.
5. ADMINISTRATION
A. LOCAL AGENCY agrees that STATE may dispatch fire protection resources available under this Agreement to other areas of the state when needed at the sole discretion of STATE.
B. STATE response will be subject to availability of resources.
C. Incident Management within the contract area shall conform to current Incident Command System criteria for Unified Command.
D. STATE and LOCAL AGENCY shall, through established dispatch procedures, immediately notify each other of any fire incident within the contract area.
6. MUTUAL AID
LOCAL AGENCY shall provide mutual aid response into the contract area for wildfires. Structural fire protection remains the jurisdictional and financial responsibility of LOCAL AGENCY.
7. ENTIRE AGREEMENT
This Agreement contains the whole Agreement between the parties. It cancels and supersedes any previous Agreement for the same or similar services.
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Contractor Name: City of Yucaipa (Wildland)
Contract No: 3CA05881
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EXHIBIT B
BUDGET DETAIL, INVOICING, PAYMENT AND RECONCILIATION
1. Invoicing and Payment:
A. LOCAL AGENCY shall pay STATE for providing said protection at the rate of $30.82 per acre, plus an 12.01% administrative charge for a total of $69,112.01 upon presentation of an invoice by STATE. The rate per acre and administrative charge will be calculated by STATE prior to January 1, of each year and annually thereafter, for the succeeding fiscal year subject to approval by LOCAL AGENCY. This Agreement shall be amended each fiscal year to reflect new rates.
B. STATE shall provide thirty (30) day written notice to LOCAL AGENCY of the cost per acre and the administrative charge to be assessed for each subsequent fiscal year during the term of this Agreement; LOCAL AGENCY shall have thirty (30) days to approve said rate; if written approval is not received by STATE within said period, STATE's obligations hereunder shall terminate; LOCAL AGENCY shall be liable for all amounts due up to and including the date of such termination.
C. To minimize the need for reconciliation payment is expected in full after the LOCAL AGENCY receives the STATE invoice. Payments made by the LOCAL AGENCY will cover the protection rate per acre and the administrative charge for the protection services rendered by STATE and including any other costs as provided herein, giving credit for all payments made by LOCAL AGENCY and claiming the balance due to STATE, if any, or refunding to LOCAL AGENCY the amount of any overpayment.
2. Budget Contingency Clause
A. If the LOCAL AGENCY's governing authority does not appropriate sufficient funds for the current year or any subsequent years covered under this Agreement, which results in an inability to pay the STATE for the services specified in this Agreement, the LOCAL AGENCY shall promptly notify the STATE and this Agreement will terminate pursuant to the notice periods required herein.
B. If funding for any fiscal year is reduced or deleted by the LOCAL AGENCY for purposes of this program, the LOCAL AGENCY shall promptly notify the STATE, and the STATE shall have the option to either cancel this Agreement with no liability occurring to the STATE, or offer an agreement amendment to LOCAL AGENCY to reflect the reduced amount, pursuant to the notice terms herein
C. If the STATE Budget Act does not appropriate sufficient funds to provide the services for the current year or any subsequent years covered under this Agreement, which results in an inability to provide the services specified in this Agreement to the LOCAL AGENCY, the STATE shall promptly notify the LOCAL AGENCY, and this Agreement will terminate pursuant to the notice periods required herein.
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Contractor Name: City of Yucaipa (Wildland)
Contract No: 3CA05881
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D. If funding for any fiscal year is reduced or deleted by the STATE Budget Act for purposes of this program, the STATE shall promptly notify the LOCAL AGENCY, and the LOCAL AGENCY shall have the option to either cancel this Agreement with no liability occurring to the LOCAL AGENCY, or offer an agreement amendment to LOCAL AGENCY to reflect the reduced services, pursuant to the notice terms herein.
E. Notwithstanding the foregoing provisions in paragraphs A and B above, the LOCAL AGENCY shall remain responsible for payment for all services actually rendered by the STATE under this Agreement regardless of LOCAL AGENCY funding being reduced, deleted or not otherwise appropriated for this program. The LOCAL AGENCY shall promptly notify the STATE in writing of any budgetary changes that would impact this Agreement.
LOCAL AGENCY and STATE agree that this Budget Contingency Clause shall not relieve or excuse either party from its obligation(s) to provide timely notice as may be required elsewhere in this Agreement.
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Contractor Name: City of Yucaipa (Wildland)
Contract No: 3CA05881
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EXHIBIT D
SPECIAL TERMS AND CONDITIONS
1. Cancellation
Failure of either party to meet any of the terms and conditions of this Agreement, including non- payment of monies due hereunder, shall be cause for the termination of this Agreement; such termination shall become effective upon written receipt of 30 day notice of cancellation.
2. Audit
If the Agreement is over $10,000, the parties shall, in accordance with Government Code Section 10532, be subject to examination and audit of the State Auditor General for a period of three (3) years after final payment under the Agreement. Examination and audit shall be confined to those matters connected with performance of the Agreement including, but not limited to, cost of administering the Agreement The Contractor warrants by execution of this Agreement, that no person or selling agency has been employed or retained to solicit or secure this Agreement upon Agreement or understanding.
3. Operating Plan
Prior to April 1 of each year, STATE and LOCAL AGENCY shall establish a joint Operating Plan for the contract area, which shall be attached after Exhibit E. If LOCAL AGENCY received its structural fire protection from another local agency, the local agency providing the structural fire protection must be party to the Operating Plan.
4. Extension of Agreement
Unless there is written notice by LOCAL AGENCY to terminate this Agreement STATE shall extend this Agreement for a single one-year period from the original termination date. The cost of services provided by STATE during the extended period shall be based upon the rates published for the fiscal year in which the extended period falls had a new Agreement been entered into.
5. Modification
This Agreement may be amended at any time by written mutual consent of the parties hereto.
6. Indemnification
Each party, to the extent permitted by law, agrees to indemnify and hold harmless the other party, its officers, agents, and employees from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by the indemnifying party. -114-
Attachments
®
Budget Plan
®
Topographic Map
®
Operating Plan
❑
Annual Report
Contractor Name: City of Yucaipa (Wildland)
Contract No: 3CA05881
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EXHIBIT E
ADDITIONAL PROVISIONS
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Contract Name: City of Yucaipa (Wildland)
Contract #: 3CA05881
Page #: 9
LOCAL RESPONSIBILITY AREA (LRA) WILDLAND PROTECTION REIMBURSEMENT AGREEMENT Program Cost Account (PCA #) 39018
THIS IS THE BUDGET PLAN FOR THE LOCAL RESPONSIBILITY AREA (LRA)
WILDLAND FIRE PROTECTION REIMBURSEMENT AGREEMENT BETWEEN THE
STATE OF CALIFORNIA, DEPARTMENT OF FORESTRY & FIRE PROTECTION (CAL FIRE) AND THE CITYITOWN OF City of Yucaipa (Wildland) A LOCAL AGENCY FOR THE 2022/2023 FISCAL YEAR
AGREEMENT COST CALCULATIONS:
Number of Acres 2002
General Fund Reimbursement $ 12.97 $ 25,965.94
Unit Budget $ 17.85 $ 35,735.70
Sub -Total $ 61,701.64
Admin Rate 12.01 % $ 7,410.37
Total Protection Cost $ 69,112.01
Comments Section:
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City of
Yucaipa
Wildland Protection
Agreement (WPA)
0 0.25 0.5
Miles
Lincs
County Line
rq City/Community Boundary
State Park
CAL FIRE WPA
CAL FIRE WPA / Yucaipa
CAL FIRE WPA / 011ier
Threat Zone (TZONE)
Local DPA/CAL FIRE_ TZONE
Federal DPA/CAL FIRE TZONE
Direct Protection Area (DPA)
State DPA
Federal DPA
Local DPA
FIRE
fi`I
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-I I /-
City of Yucaipa (Wildland)
Contract # 3CA05881
Pagel
YUCAIPA WILDLAND CONTRACT AREA OPERATIONAL PLAN
Between
CALIFORNIA DEPARTMENT OF FORESTRY and FIRE PROTECTION (CAL FIRE), San Bernardino Unit,
And
CITY OF YUCAIPA
Purpose
The purpose of this operating plan is to increase and/or enhance the fire ground operations within the California Department of Forestry and Fire Protection (CAL FIRE) San Bernardino Unit and the City of Yucaipa Wildland Contract area including mutual threat zones. This plan would allow responding agencies to pre -designate the Unified Ordering point, VHF Radio Frequencies, establishment of a Unified Command structure for wildland fires in the contract area.
Proposal
1. The proposed plan is to:
a. Suppress Wildland fires within the contract area and/or mutual threat zone.
2. Area involved:
a. See attached map, Yucaipa Wildland Contract area inclusive of mutual threat zones.
Procedures
1. Regardless of which agency Company Officer is on scene of the incident first, the first arriving Company Officer shall:
a. Assume command,
b. Establish jurisdiction,
c. Determine threats with potential,
d. Provide a report on conditions,
e. Formulate and effect a plan of action,
f. Prioritize control objectives,
g. Life, Property and Natural Resources,
h. Request additional resources as appropriate,
i. Establish the Unified Ordering Point.
2. The Unified Ordering Point shall be the California Department of Forestry and Fire Protection (CAL FIRE) San Bernardino Unit Emergency Command Center (BDCC).
3. Regardless of which agency Chief Officer is on scene of the incident first:
a. The first arriving Chief Officer will transition command from the initial attack incident commander.
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City of Yucaipa (Wildland)
Contract # 3CA05881
Page12
b. Announce and assume command.
c. Establish an Incident Command Post.
4. Wildland fires will be managed via Unified Command structure affording all agencies with jurisdictional responsibility to establish a common set of objectives and strategies.
5. Common communications shall be established utilizing the FIRESCOPE Statewide channel plan with the following VHF frequencies.
a. Command
i. Common command frequency assigned by the BDCC
b. Tactical
ii. Common tactical frequencies assigned by the BDCC
c. Air to Ground
iii. Common air to ground frequencies assigned by the BDCC d. Note: California Department of Forestry and Fire Protection (CAL FIRE) San Bernardino Unit Emergency Command Center (BDCC) will make every effort to assign VHF frequencies utilizing the pre -designated frequency chart below.
VHF
FREQUENCIES
BDU L1
151.4450
159.3900
BDU LOCAL 1
CDF C1
151.3550
159.3000
CDF COMMAND 1
CDF C2
151.2650
159.3300
CDF COMMAND 2
CDF C3
151.3400
159.3450
CDF COMMAND 3
CDF T5
151.2500
151.2500
CDF TAC 5
CDF T8
151.3700
151.3700
CDF TAC 8
CDF A/G
151.2200
151.2200
CDF AIR TO GND NET
VFIRE22
154.2650
154.2650
VFIRE22
VFIRE23
154.2950
154.2950
VFIRE23
6. Wildland fires in jurisdictions outside of the Yucaipa Wildland Contract area that are deemed an imminent threat to the Yucaipa Wildland Contract area or mutual threat zone:
a. Immediate notification will be made to BDCC. BDCC will in turn notify Highland Fire Department, coordinating with San Bernardino County Communications Center (XBOC).
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City of Yucaipa (Wildland)
Contract # 3CA05881
7. For Wildland fires originating in the Yucaipa Wildland Contract area or mutual threat zone, CAL FIRE will dispatch resources based on the Low, Medium or High dispatch levels, as well as by the closest resource concept. Additional resources may be responded based upon initial reports.
RESPONSE LEVELS
STATE RESOURCES
HIGH
MEDIUM
LOW
Engines
5 3
2 Dozers
1 1
-
Crews
2 1
-
Helicopter
2 1
-
Air Tanker
2 1
-
Air Attack
1 1
-
Prevention Officer
1 1
-
Battalion Chief
1 1
-
Repair of Fire Suppression Damage
1. The nature of fire and other emergency activity work invites accidents, injuries, and general confusion. In addition, fire control forces may take actions that are reasonably necessary to control a fire or other emergency but which are damaging to property. Such actions will be considered reasonable and proper if good judgment is used by responsible personnel according to the conditions that exist at the time of the action. CAL FIRE is not obligated or authorized to make actual expenditures or efforts to repair or replace private property.
2. Advise those claimants who insist upon taking formal action to correspond with the Secretary, State Board of Control, P.O. Box 3035, 926 J Street, Suite 300, Sacramento, 5814. The claimant may be supplied by the Board of Control with a copy of form STD 275, entitled, Damage Claims Against the State of California.
Fire Information
1. Joint fire information dissemination as determined and approved by the Unified Incident Commanders.
General Procedures
1. Plan to be reviewed and updated as necessary prior to June 30`h Administrative listings
1. California Department of Forestry and Fire Protection (CAL FIRE) San Bernardino Unit Headquarters 3800 N. Sierra Way San Bernardino, CA 92406. (909) 881-6900.
2. City of Yucaipa Fire Department 34272 Yucaipa Blvd, Yucaipa, CA 92399 -120-
STATE OF CALIFORNIA
COOPERATIVE FIRE PROGRAMS AGREEMENT NUMBER 3CA05881
LOCAL RESPONSIBILITY AREA WILDLAND PROTECTION
REIMBURSEMENT AGREEMENT REGISTRATION NUMBER:
LG-W REV 3/2022
1. This Agreement is entered into between the State Agency and the Local Agency named below:
STATE AGENCY'S NAME
California Department of Forestry and Fire Protection — (CAL FIRE)
LOCAL AGENCY'S NAME
City of Yucaipa (Wildland)
2. The term of this Agreement is: July 1, 2022 through June 30, 2023
3. The maximum amount of this Agreement is: $ 69,112.01 Sixty Nine Thousand, One Hundred Twelve Dollars, and One Cent
4. The parties agree to comply with the terms and conditions of the following exhibits which are by this reference made a part of the Agreement.
Exhibit A — Scope of Work — Includes page 2 (contact page) in count for Exhibit A 3 pages Exhibit B — Budget Detail and Payment Provisions 2 pages Exhibit C* — General Terms and Conditions; DGS GTC Version: 04/2017 0 pages Exhibit D — Special Terms and Conditions (Attached hereto as part of this Agreement) 1 pages Exhibit E —Additional Provisions 6 pages
`Items shown with an Asterisk (*), are hereby incorporated by reference and made part of this Agreement as if attached hereto.
General Terms and Conditions can be viewed at: http://www.dgs.ca.gov/ols IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.
LOCAL AGENCY California Department of General
LOCAL AGENCY'S NAME Services Use Only
City of Yucaipa
BY (Authorized Signature) DATE SIGNED(Do not type)
PRINTED NAME AND TITLE OF PERSON SIGNING
ADDRESS
34272 Yucaipa Blvd. Yucaipa, CA 92399
STATE OF CALIFORNIA
AGENCY NAME
California Department of Forestry and Fire Protection
BY (Authorized Signature) DATE SIGNED(Do not type)
PRINTED NAME AND TITLE OF PERSON SIGNING
Bret Gouvea, Assistant Deputy Director, Cooperative Fire Protection, Safety, Training, and EMS ADDRESS P.O. Box 944246, Sacramento, CA 94244-2460
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