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California Dept of Forestry (2) . �r� � CCv L/�7/�3 � � Cal EiVIA# 6022-9 CAL FIRE# 7CA00236 ' USFS# 09-FI-11052012-150 NPS# H807507003 BLM# B:AA081002 F&WS# 802233-9-J001 BIA# AGP000768 AGREEMENT FOR LOCAL GOVERNMENT FIRE AND EMERGENCY ASSISTANCE TO THE STATE OF CALIFORNIA AND FEDERAL FIRE AGENCIES Betwee❑ STATE OF CALIFORNIA, CALIFORNIA EMERGENC:Y MANAGENIENT AGENCY; STA7'E OF CALIFORNIA, DEPARTMENT OF FORESTRI'AND FII2E PROTECTION; USDA FOREST SERVICE, PACIFIC SOUTHWEST REGION; USDI BURE.AU OF LAND NIANAGEMENT, CALIFORNIA STATE OFFICE; USDI NATIONAL PARK SERVICE, PACIFIC WEST REGION; USDI FISH AND WILDLIFE SERVIC�, PACIFIC $OUTHWEST REGION;and USDI BUREAU OF INDIAN AFFAIRS, PACIFIC REGION THIS AGREENIENT made and enYered into on last date signed by and between the State of Califomia Emergency ManagementAgency;hereinafrer referred to as Ca1.EMA; the State of California , - Departinent of Forestiy and Fire.Protection;'hereinafter referred to as CAL FIRE, the USDA Forest Service, Pacific Southwest Region;'tl�e'USDT Bureau of Land Mariagement, Califomia Office;,the-USDI National Park Service, Pacific West Region; USDI Fish and Wildlife Seivice, Pacific Soutfiwest.Region, and USDI Bureau of Indian Affairs, Pacifib Region; al] parties heieiiiaRer referred to as the State of California and Federal Fire rlgencies,'�under the provisions of th8 Act�of December 12,'1975,PL 94- 148, the.Act of Apri124, 19�0 (16 USC �72), the Reciprocal Fire Protection Act, 42 USC 1856a, the Disaster ReliefAct oE 1974, PL 93-288,and The Federal Land Policy'and Management Act of 1996, (PL �94-579, Sec, 307(6)). . NAME Tl�is agreement shall be entitled"Agreement for Local Government Fire and Emergenc}�. Assistance to'the State of California,and Federal Fire Agencies' , hereinafter referred to as the "C�lifornia Fire Assistance Agreemeut." REGITALS 1. The Federal Fire Age»cies are responsible for providing a ]evel of wildland fire protection for federal lands, as desigi�ated by Congressional action and Federal policy; and .:: �. ..;;�,::; k`��. . Page l �.;�, � f� Agneement Between Cal EIVIAJCAL.F'IRE/USFS/BLM/NPS/F.4t�WS/BIA 2009 `�, ' Cal ENIA# 6022-9' � CAL FIRE# 7CA00236 • USFS# 09-FI-11052012-150 NPS# H807507003 BLM#, BAA081002 F&WS# 802233-9-700t BIA# AGP000768 2. GAL RTRE is responsible for providing a level of wildland fire protection for State Responsibility Area lands, as designated by the State Board of Forestry and Fire Protection; and 3. For efficiency and effectiveness, the Federal Fire Agencies and CAL-FII2E may exchange protection area responsibilities with the understanding that Loca] Responsibility Area lands are not part of this agreement or included iri the exchange; and 4. Ca1 EMA is responsible to provide for systematic mobilization, organization and operation of necessary fire and rescue resources through the California Fire and Rescue Mutual Aid System in mitigating the effects of disasters and to ensure that theresponding agencies understand the terms and conditions of the agreement applicable to their response; and 5. The State of Califomia and Federal Fire Agencies, at tunes of severe wildfire conditions,s and other emergencies often have need of emergency apparafus and/or personnel'to.provide fire protection-or perform other tasks during control actions; and 6. Cal EMA through the Califomia Fire:and Rescue Mutual Aid System have such emergency apparatus"and personnel which may be available, in the spirit of cooperation, for.dispatch and use; and 7. It is desirable that the State of California and Federal Fire Agencies establish and enter into an agreement for the prudent use of such emergency apparatus and personnel; and 8. The State of Califomia and Federal Fire Agencies will generally use thisyagreement for engines, water tenders and overhead to address incidents once local agreement resources are exhausted or where a local agreement is not in place; and 9. This agreement may be used to reimburse overhead for incident manage�nent teams or any other emerge�icy apparatus where a local agreement is not in place; and 10. The State of California and Federal.Fire Agencies shall use this,agreement'as the-pnmary fiscal authority for reimbursing local govemment agencies for the use of their resotirces. Annual opeiatingplans may be utilized at the local level to facilitate administrative and operational issues; and 11. When this agreement is exercised to obtain Cal EMAresources and/or resourcestluough the California Fire and Rescue Mutual Aid System, those resources wil] be reimbursed pursuant to tl�is agreement; and Page 2 " Agreement Beriveen Cal ENir1/CAL F'IRE/USFS/BLD�i/NPSlF&�VS/BIA 2009 ` � Cal EMA# 6022-9 ' CAL-FIRE# 7CA00236 USFS# 09=Fd=11052012-150 NPS# H807507003 BLM# Bt1A081002 F&WS# 802233-9-J001 BIA# AGP000768 12. Wlien ordering any emergency apparatus and personnel from other agencies tlirough the California Fire and Rescue Mutual Aid System, a local agency may utilize this agreement as the primary fiscal authority for reimbursing other local agencies, and 13. Responsibility for determining the basis for requesting assistance through this agreement rests with the Incident Command. The Licident Command is responsible for all assignments and tactical decisions for resources obtai��ed through this agreement; and ' 14. Except as otherwise provided'inparagraph 37 of this Agreement, all parties to this Agreement hereby waive claims.between and/or,against each other.arising from the performance of this Agreement, far compettsation for7oss or damage to each other's property, and personal injury including death, of employees, agents and contractors, except that this waiver shall not apply to intentional torts; and 15. It is desirable that the State of California and the Federal Fire Agencies establish a system that supports the electronic processing of salary surveys, invoices and other pertinen[ documents. • AGREEMENT COMIVIITTEE ]6.1 California l+�'re Assistauce�Agreement Committee. A Califomia Fire Assistance Agreement � Committee (the `Committee')_shall be formed by Cal EMA for the purpose of negotiating the terms of the California Fire Assistance Agreement, and_for maintenance of the Agreement. For the purposes of coocdination, Cal EMA Fire and Rescue Brancl� Chief, or the ChieFs designee, sl�all serce as the Chairperson. 16.2 Composition of the Committee. The Committee shall consist of Cal EMA, CAL FiRE, Federal Fire Agencies, and three advisoryrepresentatives from local government fire ageucies in California--one from Northern Califomia, one from Southern California and one representing volunteer fire departments. The local goverrvnent agency representatives shall be appointed by the Chairperson of the State of Califorriia Fire and Rescue Advisory Committee/FIIZESCOPE, Board ofDirectors. 16.3 Meetings to,esCablish rei_mbursemeut rates and_new methods of�reporting or invoicing. The Committee�will meet in person aimually to estabGsh the Administrative Rate, Base Rates, a�id Equipment Rates to become effective upon publication of the rate letter each year. These rates will be published annually by Cal EMA Fire a�id Rescue Brinch, in an `'Agreement for Local Goverrunent Fire and Emergency Assistance to the State of California and Federal Fire Agencies Rate Letter". Page 3 Agreement Beriveen Ca1 ED�IA/CAL r[RE/USFSBLn9/NPS/F&�VS/BIA 2009 Cal EMA# 6022-9 ' CAL FIRE# 7CA00236 • USFS# 09-FI-11052012-150 NPS# H807507003 BLM# BAA081002 F&WS# 802233=9-J001 BIA� AGP000768 Tlie Committee will a]so review the Average Actual Rates, Worker's Compensation Rates, and the Unemployment Rates on file with Cal EMA Fire and Rescue Branch, as well'as, negotiate procedural changes. The Average Actual Rates, Worker's Compensation Rates; and Unemplo}nnentRates are subject to change throughout the year due to labor negotiation, cost of living increases and insurance rate recalculations, etc. 16.4 Change in rates after the publication of the Annual Rate Letter. Cal EMA will monitor and track the Federal Emergency Management Agency(FEMA) Schedule of Equipment Rates and will notify the CFAA working group of any rate,changes. The CFAA working goup,at a minimum will conduct a conference call to formally discuss the new rates:and deterinine if valid for a revised rate,letter publication. Cal EMA will forward to the CFAA signatories the:revised rates for a two week review. Once the review process is complete and approved, a revised rate letter will be established and released for publication to the CaliFomia Fire and Rescue Mutual Aid System Agencies. � ]65 Meetings to re-negotiate the Agreement. The Committee shall schedule meetings to begin no later than 12 months before the expiration date of the California Fire AssistanceAgre,ement far the purpose of re-negotiation. It is recommended that the Committee produce the final document for signatures no later than six months before the expiration date of the Agreement. The Committee will meet as necessary to make adjustments or changes to the aa-eement. THEREFORE, it is agreed as follows: � DEFINITIONS ' 17. LOCAL NRISDICTION shall mean any subdivision of government. 18. EMERGENCY APPARATUS sliall mean any emergency response equipment or apparatus provided'througfi the California Fire and Rsscue Mutual Aid System. 19. EMERGENCY PERSONNEL shall mean any personnel responding on or with emergency apparatusand requested overhead personnel. _ 20. MOBILIZATION CENTER sliall mean an,of£incident location at which emergency apparatus and personnel are temporarily located'pending assignment, release or reassigrunent. Page 4 Agreement Beriveen Cal EMA/Ct1L FIRE/USFSBLM/NPS/F&WSBIA 2009 ` � Cal EMA# 6022-9 CAL FIRE# 7CA00236 USFS# 09-FI-11052012-150 NPS# H807507003 BLI��I# BAA081002 F&WS# 802233-9-J001 BIA# AGP000768 21. DEA�IOBILIZATION CENTER/FACILITY shall mean that ]ocation or facility established at or near an incident for the processing of emergency apparatus and personnel prior to release to its home base. 22. STAGING AREA shall mean.the location where emergency apparatus and personnel are assigned to an incidenh foi deployment on a three-minute availability status. 23. LOCAL AGREEMENT shall;mean:a pre-de2ined area agreement jhat includes that portion of the geographical jurisdictions ofboth the local reciprocal agreemenhsignatoriesom�vhich tl�ey I�ave historically, frequently.and contiriuously cooperated in•initial and extended attack. 24. ANNUAL OBERATING PLAN shall mean a plan developed at:the State, Geographic, or ]ocal levels for implemanting the Cooperative Fire Managemenf Agreement (CFMA) in their respective areas of responsibility. 25. MUTUAL AID shall mean an agreement in which two or more parties agree [o furnish re'sources � and facilities and to render services to each party of the agreement to prevent and combat any - type of disaster or emergency. 26. CALIFORNI� FIRE AND RESCUE MUTUAL AID SYSTEM AGENCIES shall mean agencies, departments oi instifutibns to which Cal EMA has, through agreement, assigned Cal EMA-owned emergency apparatus; or who provide locally owned resources under provisions of the State Fire and Rescue Mutual Aid System. These agencies may also 6e referenced as, ho���ever, not be limited to, "local govemment" or "local agency". 27. LOCAL AGENCY shall mean any city, city and county, county, or special district. 28. STATE OF CALIFORNIA shall mean Ca] EMA and CAL FIRE. 29. FEDERAL P'IRE AGENCIES shall mean the USDA Forest Service, Pacific Southwest Region; the USDI Bureau of Land Management, Califomia Office;the USDI National Park Service, Pacific West Region; USDI�Fish and Wildlife Service,Pacific Southwest Region, and USDT Bureau of Indian Affairs, Pacif c Region. � Page 5 Agreement Between Cal ED1A/CAL FIRE/USFS/BLM/NPS/F&WSBIA Z009 Cal EMA# 6022-9 ' � CAL FIRE# 7CA00236 � USES# 09 FI-1�1052012-150 NPS# . H807507003 BLM# BAA081002 F&WS# 802233-9-J001 BIA# AGP000768 TERMS AND,CONDITIONS REQUESTS FOR AND RELEASE OF EMERGENCY APPARATUS AND PERSONNEL 30. Under this agreement, the State of California and Federal Fire Agencies may request emergency apparatus and personnel from the California Fue and Rescue Mutual Aid System. Resources � ordered pursuant to this agreemen[will be processed through the California Fue and Rescue Mutual Aid System. Cal EMA will fill these orders by following the procedures set•forth in the Califomia Fire Service and Rescue Emergency Mutual Aid Plan. 31. The State of California and Federal Fire Agencies will use the current Resource Order Form (Automated Resources Ordering and Status System or equivalent) for all requests. The State of California and Federal Fire Agencies shall not.be responsible for any emergency apparatus and personnel not confirmed by their respective order and request number(s). The State of Califomia and Federal Fire Agencies are responsible fordocumenting within the request that the resources are being ordered under this agreement. 32. The State of California and the Federal Fire Agenciesxelease or reassignment of emergency apparatus used pursuant to this agreement will':be coordinated through:the on-scene Ga1 EMA Fire and Rescue Chief Officer, the local jurisdiction agency representative, or their authorized representative. Such Cal EMA Chief officer or`representative will ensure the inspection and inventory of such emergency apparatus prior:to release to its home 6ase in.accordance with incident established inspection and demobilization procedures. PROTECTIVE CLOTHING AND EQUIPMENT 33. It shall be the responsibility of the jurisdiction sending emergency personnel to'ensure that such personne] are provided protective clothing and equipment as required by the most current version of the rules found at California Code of Regulations, Title 8, Section 3410, Article 1Q1, Section 3401, et seq. EMERGENCY APPARATUS ' 34. Emergency apparatus shall meet minimum ICS type 'standards. Exhibit B identifies minimum requirements for Type 3 Engines. Page 6 Agreement Between Cal EMA/CAL FIRE/USFSBLNI/NPS/F&WSBIA ?009 ' � Cal EMA# 6022-9 � ' CAL FIRE# 7CA00236 USTS#. 09-FI-1105201`2-150 NPS# H807507003 BLM# BAA081002 F&WS# 802233-9-J001 BIA# AGP000768 COMMUNICATIONS CAPABILITIES 35. Strike Team/Task Force Leaders. It shall be the responsibility of the jurisdiction sending a Strike Team/Task Force Leader to ensure that the leader has adequate communications • ' capability. Adequate communications capability is defined as recommended in the Statewide Frequency Plan as published in ICS 420-1, Fire Service Field Operations Guide (current edition); Appendix A. Emergency Apparatus. It shall be the responsibility of the jurisdiction sending emergency apparatus to ensure that the emergency apparatus has common communications capability with the Strike Team/Task Force Leader. It is desirable that emergency apparatus have adequate communications capability as defined above. REIMBURSEMENT PROCEDURES 36. Provisions and'procedures for reimbursement by the State of California and the Federal Fire Agencies for fire and emergency assistance are defined in Exhibit A, Reimbursement Policy and Procedures. The Federal Fire Agencies and CAL FIRE will provide Cal EMA Fire and Rescue Brancli with its cun�ent billing ad'diess. Reimbursetnent for persomiel on Cal EMA-owned emergency apparatus sHall be to local junsdictions that provide such personnel by Apparatus Assignee agreement with Cal EMA. REIMBURSEMENT FOR EMERGENCY APPARATUS LOSS OR DAAIAGE 37. The State of Califomia and the Federal Fire Agencies may reimburse Califomia Fire and Rescue Mutual Aid System Agencies providing resources tiuough the Califomia Fire and Rescue Mutual Aid System for the cost of emergency apparatus or equipment loss or damage where [he loss or damage is directly attributable to the incident, and where the local agency, its employees and/or operafional Failures in the emergency apparatus or support equipment are not a contributing factor to such damage or loss. Loss or damage to local agency emergency apparatus or support equipntent while em'oute to or from an incident and repairs due to nomial wear and tear or due to negligent or unlawful operation by the operator shall be the responsibility of the local agency providing the emergency apparahis or equipment. 38. Loss or damage to ]ocal agency emergency apparatus or support equipment occurring on an incident is to be reported to the incident finance section to ensure proper documentation and investigation. 39. Except as otherwise provided in paragrapl� 37 of this Agreement, all parties to this Agreement hereby waive claims between and/or against each other arising fran the perfom�aiice of this Page 7 ' Agreemenf Bet�veen'Cal E1VIA/CAL FIRE/USFS/BLb1/NPS/F&WS/BIA 2009 Cal EMA# 6022-9 - CAL FIRE# 7CA00236 • USFS# 09-FI-11052012-150 NPS# H807507003 BLM# BAA081002 F&WS# 802233-9-J001 BIA# AGP000768 Agreement for compensation for loss or damage to each other's properjy, and persona] injury including death of employees, agents and contractors, except that this waiver shal] not apply to intentionaltorts. DISPUTE RESOLUTION 40. If Califomia Fire and Rescue Mutual Aid System Agencies need post-incident_help.forcost reimbursement, contact the appropriate State of CaliFomia or Federal Fire Agency, listed below: 40.1 CALIFORNIA DEPARTMENT OF FORESTRY AND FIRE PROTECTION INCIDENTS: Victim Compensation and Government Claims Board 630 °K" Street Sacramento, CA 95814 40.2 U. S. FOREST SERVICE INCIDENTS: Albuquerque Service Center . ' Claims Management l O1B Sun Ave. NE Albuquerque, NM 87109 40.3 NATIONAL PARK SERVICE INCIDENTS: Fire Management Office National Park Service 1111 Jackson Street, Suite 700 Oakland, CA 94607 40.4 BUREAU OF LAND bIANAGEbIENT INCIDENTS: Bureau of Land Management Branch of Fire and Aviation Management 2800 Cottage Way � Sacramento, CA 95825 Page 8 Agreement Between Cal EMA/CAL FIREIUSESBLMINPS/F&WSBI�A � 2009 °� � Cal EMA# 6022-9 • . CAL FIRE# 7CA00236 USFS#' 09-FI11052012-150 NPS# H80'7507003 BLM# Bt1A081002 F&WS#. 802233-9-J001 � BIA# AGP000768 40.5 FISH AND WILDLIFE SERVICE INCIDENTS: Fish and Wildlife Service Californis/Nevada Operations Office 2800 Cottage Way; W-2606 Sacramento, CA 95825 40.6 BUREAU OF'INDIAN AFFAIRS INCIDENTS: Branch of Fire and Aviation'Management . 2800 Cottage Way Sacramento, CA 95825 EXAMINATION AND AUDIT 41. California Fire and Rescue Mutual Aid System Agencies and Cal EMA shall be subject to � examination and audit for three years afrer the final payment under the terms of this agreement.. Examination and audit shall be confined to those matters connected with the performance of this agreement including, but not limited to the cost of administration. APPROPRIATED'FUND LIMITATION 42. Nothing herein shall be interpreted as obligating any parties'herein to ezpend.funds or as involving the United States or the State of Califomia in anycontract or other obligation for the future pa}�nent of money in excess of appropriations au�horized by law and administratively allocated for the work contemplated in this agreement: OFFICIALS NOT TO BENEFIT 43. No member of, or Delegate to Congress or Resident Commission shall be admitted to any share or part of this agreement or to any benefit to arise therefore, unless it is made with a corporation for its genera] benefit. CIVIL RIGHTS and NONDISCRIAZINATION 44. The cooperators shall comply with all Federal statutes relating to nondiscrimination and all applicable requirements of all other Federal laws, Executive orders, regulations, and policies. These include but are not limited to: (a) Title V"I of the Civil Rights Act.of 1964 (42 U.S.C. 2000d through 2000d-16), �i�hich prohibits discrimination on the basis of race, color, disability, or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. Page 9 Agreement Between Cal E1GIA/CAL FIRE/USFSBLM/NPS/F&WS/BIA 2009 Cal EMA# 6022-9 ' . CAL FIRE# 7CA00236 USFS# 09-FI-11052012-150 NPS# � H807507003 BLM# BAA081002 F&R'S# 802233-9-J001 BIA# AGP000768 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973 as amended (29 U.S.C. 794) which prohibits discrimination on the basis of disabilities and provides for "reasonable accommodation" in hiring ofpersons with disabilities; and (d) the Older American Act'of 1965 as amended (42 U.S.C. 3056 and 6101 ek. seq.). PR�VIOUS AGREEMENTS CANCELED 45. This agreement supersedes the Cooperative Ageement entered into on May 7;.2002, and as extended January 1, 2007 (OES# 6016-8A1, CAL FIRE# 7CA01000, USFS# 02-FL-ll052012- 115, NPS# G8000020002, BLM#BAA02T001, F&WS 10101-2-J007), between $tate OES; Pacific Southwest Region, USDA Forest Service; State of California Department of Forestry and Fire Protection; USDIBureau of Land Management, California State Office; USDI Fish and Wildlife Service, California-Nevada Operations; and the USDI National P,ark Service; Pacific West Region. AMENDMENTS 46. This agreement may only be amended by written mutual consent of the parties hereto. EFFECTIYE DATE AND TERMINATION 47. The parties herein agree to honor the terms and conditions set forth immediately upon signature by all parties This agreement shall remain in.effect until December 31, 2013. I[ may ba terminated by any one of the parties hereto upon thirty (30j days' written notice to all Ylie,other parties. MULTIPLE SIGNATURE PAGES 48. The parties agree to accept multiple signature pages. Page:10 Agreement Beriveen Cal ENIA/CAL FIRE/USFSIBLNI/NPS/F&WS/BIA 2009 ,., ' . • Ca1;E1VIA# 6022=9 - ° CAL FI1tE# 7CA00236' . _ . _ _. � USFS#.: .09'-FI-11052012=150 NPS# H807507003 sLMa� �saAOSiooz E&�YS# 802233 9-J001 BIA# AGP000768` IN ��ITNESS WHEREOF; the par(ies hereto liave executcd'this:agreementc SEGRETARX DTRECTOR' ' _- -- . STATE OF GALIFQRNIA. STATE OF Gr1I;IFORNIA CALIFORNIA.EIv1ERGENGY DEPARTMENT OF'FORESTRY M AGEMEN. AGENCY � ANU FIRE PROTECTION C � � �,l� '3' ( .� ,�a _ .-13y: /S/Mutlhew R::B�ttenfiausen�:. = I3y; � '/SNeI Walters�� � Secretary.., . Direclor Date: (��` � u �U./' . Date€_� ll . � R�GIONAL FORESTER CALIFORNIA STA•TE DIRECTOR USDA.FOREST SERVICE: USDI.BURE�U PAGIEIC'SOUTHWEST REGION `O-F LAND ANAUEMENT �AI,IFO A:STAT1 nFFIC� ,, ,� ��_ .;-- Ry !S/Rm�Jy M�re! � - .� i3c; .. .../S/Mike Ptiol� �, ��Nic. ia ;d Forcs[cr "j��alifornia Sta�c Uir c�or i � / Da[e: f� 7:01 �`� Date:� REGIOIVAL DIRECI'OR REGIONAL�DIRECTQR USDI NATIONAL';PARK SERYICE� USDI I3UREAU OF INDIAN'AFFAIRS PACIFIC VUEST REGION PAGIFIG REGIONAL OFFICE �-.. l'�,/. ;,!%� j� .�°�1� ;..�� ��By �/S/Jon�Jar3i- � � Dy' /$ AmyUiitschl:c ' � �Regionai � irector � Adine Rcgional'Direcro� , i t . Date; $'��'�� Date: �'~7,lf,�(/f� j . _� REGIONAL DIRECT.OR USDI EIS `-�?ILDLIFF,`5ERVICE PACIP �. SO H���' � �1' EGION R�•: /StRen,l_ofi� fencf _ � � Rcgional Dircctor � Date: N�.,T 1`�, 20C'� Page 11 Agreement Beriveen Cal EMA/CAL:FIIiE/USFS/BL1�1lNPS%F&WS/BIA 2009 Cal EMAtt 6022=9 CAL'FIRE# 7CA003�36 USES# 09-F1-17A52012-150. NFS# H807507003 BL1VI# �BAAO$1002 ESzV�'S# . .802233-9-J001 B1A# "_ AGP0007b8. REVIEW: The authorify and format of this instnunent has been..i•eviewed, and approved° for signature by ttie follc�wing indiv�duals: • GONTRACTING OEFICER GONTRACTIl�'G OFFIC�R LISDI BUREAU.OF I.,AND MANAGEMENT' - USDI' BUREAU OP 1NDIAN. ,AF6AIRS GALIFORNIA STATE bFFI E PAE;IFIC REGIpNAL.OFFIGE. � , � f J /� r '1,�:�--�- --�� � , , � -�, %��-,� �i�a<� I3v: /6/fraci Ui 1'haler' � By: tr�'f (SJ Kalhleen(GaJ)Scliultz .� Granu��anagcmcnt Offcer Con�ractin�CDmecr. ` : Date: � cu���� 1 Date: � �`3, d.l . . , CONTRACTING OFFICER. GONTRACTING OFEICER USD 'N` I AL PARKS SERVICE U$DI FISH AND VVILDLIEE SERVIGE: REGION 1 l RE ION:B � , :�1, 1—s4ts.2.%;l;.,;r;. ' y' � YS/I.eoCuill ry � Bx. � /5/7 cY:Thomas � ConiractingORcer Coi TctingOt ictt . Dates ���U � Date: �� D GR'ANTS=& AGR'EENIENTS SPECIALIST USDA FOREST SERVICE PAGIFIC`SOUTHWEST REGION .���.GX�,r"p ��T ! I�fi.0 �r J fiy /SIKU6eL�Hiumhon . Gmnts-�nd Agrcemen[s��Spcci¢list � ' - . Datei OSZ10/2009' Page 12 r�greement Beriveen Cal E1VIA/CAL FIRE/USFSBLM/NPS/F.&WS/BIA 2009 "' Cal EMA# 6022-9 ' ' CAL FIRE# 7CA00236 USFS# 09-FI-ll052012-150 vPS# H807507003 BL1YI# BA_A081002 ' F&WS# 802233-9-J001 BIA# AGP000768 EXHIBIT "A" � REIIVIBURSENIENT POLICY AND P-ROCEDURES GENERAL The Califomia Fire and Rescue IGlutual Aid System Agencies shall use the following procedures to secure reimbursement for the provision of personnel and local government-owned emergency apparatus. Terms established in this section shall be made binding upon California Fire and Rescue Mutual Aid System Agencies by Cal EMA and shall not be subject to interpretation or rejection by the'jurisdiction providing assistance. See paragraph A 26 forprocedures that do not apply or are applicable:to State Agency Fire Departments, Federal Fire.Departments, DOD Fire'Depai-tments or Tribal Fire Departments. California Fire and Rescue Mutual Aid System Agencies that provide their personnel and equipment to tlie State of California or the Federal Fire Agencies through the Califomia Fire and Rescue'Mutual Aid System and this agreement, do so on a voluntarybasis, and accept tfie following provisions for reimbursement. It is understood and agreed that;a Calffomia Fire and Rescue Mutual Aid System Agency'pioviding personnel or California Fire�and Rescue Mutual Aid System Agency-o�Vned emergency appaiatus shal( obtain reirribursemerit for such response by billing the ordering entity(either the State of California or Federal Fiie Agency) in accordance with this Exhibit. Reimbursement for personnel and emergency apparatus will begin after the twelith (12th).hour. There shall be no reimbursement,for responses of twelve (12) hours duration or less. If the duration of the response exceeds,hvelve (12) hours, reimbursement for personnel and emergency apparatus shall cover the entire time of commitment, beginning at the time of initial dispatch from home base; to the time of retum to home base. .Should personnel or emergency apparatus be requested for assignment to a Mobilization Center for standby duty, the reimbursement period shall begin with the time of initial dispatch of said persoruiel or emergency apparatus from its home base. Additionally, there shall be only oue twelve (12)-hour period for each person or emergency apparatus from tiiiie of original dispatch, regardless of the number of"assigtunents or the State of California and'the Federal Fire Agency committing said personnel or emergency apparatus until its rehim to home base. Page A-1 Ol/20]] Agheement Beriveen Ca1:Eb7A/CAL FIRE/USFS/BLD1/NPS%F&W5/BIA 2009 Cal EMA# 6022-9 � CAL FIRE# 7CA00236 • USFS# 09-FI-11052012=150 NPS# H807507003 BLNI# BAA081002 F&�VS# 802233-9-J001 BIA# AGP000768 In some cases on a single incident, the State of California and the Federal:Fire Agencies may need to convert resources that were ordered under Statewide Master Mutual Aid (MMA) to reimburseresources under the California Eire Assistance Agreement. In these cases, MMA resources will be released by the responsible agency uid reordered by the State of California and/or the Federal Fire Agencies through the California Fire Assistance Agreement. For resources that have been on the same incident for more`than 12-hours, reimbursement will begin at the.time the order under the California Fire Assistance Agreement was initiated. Resources that have been on the same incident under MMA for 12-hours or less will have their time applied to the California Fire Assistance Agreement 12-hour minimum. After the 12-hours are completed, reimbursement will begin at Ihe time:the order.under the Califoinia Fire Assistance Agreement was initiated. The 12-hour period shall be subject to annual review and monitoring by the Califomia Fire Assistance Agreement,Committee. An Administrative.Rate will be added to the total of tlie personnel, fire engine, support equipment,:and other approued reimbursements for local government. Beginning April l, 2011, the standard Administrative'Rate is set annually by the committee per the rate letter published at the time of dispatch, unless the Galifomia Fire and Rescue Mutual Aid System Agency submits an agency specific administrative rate in accordance with the Instructions for Completing Actual Administrative Rate Calculations. Cal EMA will issue tl�ese instructions annually along witli the;salary survey instructions. California Fire and Rescue Mutual Aid System Agencies that develop an Actual AdministrativeRate must review and update their rate annually. Page A-2 O1/2011 Agreement Between Cal EMA/CAL FIRE/USFSBLM/NPS/F&WS/BIA . 2009 � � Ca1 EMA# � 6022-9 ` CAL FIRE# 7CA00236 USFS# 09-FI-]1052012-150 NPS# H807507003 BLM# BAA081002 F&WS# 802233-9-J001 BIA# AGP000768 PERSONNEL REIMBURSEMENT A-1. There shall be a standard reimbursement formula for personnel, with established Base Rates applicable to all local jurisdictions, or average actual rates in lieu of the established Base Rates for those California Fiie and Rescue Mutual Aid System personnel that currentlyreceive wages that are higher than the appropriate Base Rate. Reimbursement�vill be based on the'salary sun�eyon file with Cal EMA Fire and Rescue Division atthe time of initial dispatch. In the event salaries change during an incident, reimbursement�vill be at the rate on file at the time of dispatch. A-2. Personnel thaf routinelV respond to emergencies (Chief OEficers, Company Officers;and Firefighters) will be reimbursed portal to portal for time committed to the incident. As of April 1, 2011, all other personnel (civilian) will be reimbursed for actual time worked on the incident unless there is an MOU or goveming body resolution that dictates the specific position is to be reimbursed portal to portal for the total time committed to an emergency incident. The MOUs or . resolutions must not be contingent on this agreement or executed on the sole basis that there is . reimbursement.from the State of Califomia or the Federal Fire Agencies. Firefighters also . . include crew members, helicopter pilots, and dozer operators. A 3. These formulas and rates of payment shall constitute full reimbursement for direct costs, including back fill to local jurisdictions rela[ivz to personnel provided. Liability for workers compensation claims and%or payment ofunemploymenYberiefits.shall remain the responsibiliYy of the responding local, state, federal agencies, and tribal fire departments, that directly employ the personnel. All data calculations shall be subject to audit by the State of Califomia or the Federal Fire Agencies in accordance with Paragraph 41, Examination and Audit. A-4. Reimbursement is for assignments, which require 24-hour availability, as identified in A-2 without rzgard to calendar days. Reimbursement for fractional liours shall be taken to the next whole hour. A-5. Reimbursement shall be made only for such personnel that have been specifically requested or approved by the State of Califomia or the Federal Fire Agencies. Any perso�ule] not given an Order/Request number shall be considered a voluntary contribution from.the responding agency and not subject to reimUursement. A-6. Reimbursement for Emergency Apparatus refurbishment and rehab may be approved by the Incident Command, up taa mazimum of 2 hours, as appropriate. Page A-3 Ol/2011 Agreement Between Cal ENIA/CAL FIRE/USFS/BI.M/NPS/F&WS/BIA 2009 Cal EMA# 6022-9 � CAL FIRE# 7CA00236 . USFS# 09-FI-11052012-150 NPS# H807507003 BLM# BAA081002 F&WS# 802233-9-J001 BIA# AGP000768 Formula for Base Rate A-7. California Fire and Rescue Mutual Aid System Agencies will be reimbursed at the established Engine Company Base Rate for personnel responding on emergency apparatus or.as:overhead . personnel at or below the Strike Team/Task Farce Leader Trainee level. Strike Team/Task Force/CTnit Leader level or above personnel will be reimbursed at the established Overhead-Base Rate. A-8. The established formula for the total invoice claim amount for base rate is [(B x H x 1.5) + (B x H x 1.5 x� + (B x H x 1.5 x U)] =Total'Personnel ReimbursemenY.inDoliars, where B = Established Hourly Base Rate; H=Total Hours.on Incident; W = California Fire and Rescue Mutual Aid System Agencies Workers' Compensation Percentage Rate; and U = State Unemployment Percentage Rate. The Established Hourly Rate (B) is based on the average oF4he CAL FIRE Fire Captain or Fire Apparatus Engineer base rates and the USDA Forest Service emergency hire rates for these positions. Base rate formula for Engiue Company personnel and Overhead at"or below Strike Team/Task Force Leader Trainee (AD-F(0.667) + CAL FIRE Fire Apparatus Engineer base rate) / 2 Numerical Calciilation Example: 23:04 x 0.667 = 15.37 + 15.38 = 30.7� / 2 = 15.38 Base rate (ormula for Overhead at or above Strike Team Leader/Task Force Leader (AD-H(0.667) + CAL FiRE Fire Captain base rate) / 2 Numerical Calculation Example:- 28.16 x 0.667 = 18.78 + 19.24 = 38.02 /2 = 19.01 The Hours on Incident (H) are the total hours; from portal to portal, in accordance with the General section, above. The California Fire and Rescue Mutual Aid System Agencies Workers' Compensation Rate (�V) . is the percentage rate used by the cespective local jurisdiction. The State Unemployment Percentage Rate (U) is the percentage rate paid by California Fire and Rescue Mutual Aid System Agencies. Many fire agencies may not be paying this item. Page .a-4 01/20ll Agreement Between Cal EMA/CAL FIRE/USFS/BLM/NPS/F&WSBIA 2009 � CaI.EMA# 6022-9 • CAL FIRE# 7CA00236 USFS# 09-FI-11052012-150 NPS# H807507003 � BLb7# BAA081002 FBcWS# 802233-9-J001 BIA# AGP000768 Definitions�for abbreviations used in Base Rate Formula AD - Administrativelv Detennined PaV Plan for Emer�encv Workers. Pay rates for emergency (casual) employees of the Federal Fire Agencies. ADF - The classification is Engine Boss. AD H - The classification is Strike Team Leader. *(AD rates ii�clude an overtime component which is rernoved feom the base rate calculation) CAL FIl2E base Fire Captain and Fire Apparatus Engineer.salary rates are converted to houTly rates. Formula for'Average Actual Rate A-9. Califomia Fire and Rescue MutualAid System Agencies that have submitted Average Actual Rates to Cal EMF.Fire and Rescue Division at or below.the Battalion Chief level shall be '� reimburSed using the following formula: A-9.L [(A x H x 1.5) + (A x H x 1.5 x � + (A x H x 1.5 x U)J =Total 'personnel reimbursement in dollars, where A = Average Actual Hourly Rate; H = Total Hours on Incident W = California Fire and Rescue Mutual Aid System Agency's Workers' Compensation Percentage Rate; and U = Unemplo}nnent Percentage Rate. ' The Average Actual HourlyRate (A) is the average hourly rate of all personnel in the specific rank (e.g.: Captain, Engineer, Firefighter) withiu each individual jurisdiclion. The Hours on Incidenf(H), the California Fire and Rescue Mutual Aid System Agency's Workers' Compensation Rate (W.), and the Unemployment Percentage Rate (U) are as defined in Formula for Base Rate, above. A-9.2. Califomia Fire and Rescue Mutual Aid System Agencies tliat have submitted Average Actual Rates to Cal EMA Fire and Rescue Division aUove the Battalion Chief level shall be reimbursed portal to portal atstraight time using the following formula unless the employee(s) has a MOU or goveming body resolution that dictates they are to be paid above straight time. The MOU or resolution must-no't be contingent on this agreement or executed on the sole basis that there is reimbursement from the State of California or Federal Fire Agency. Those with such an agreement will be reimbursed in accordance with the fonnula for Average Actual Rate, in section A-9.1 of�this paragraph. Page A-5 O1/2011 Agreement Between Cal EA1A/CAL FIRE/USFS/BLNI/NP,S7F&WS/BIA 2009 Cal ENIA# 6022-9 ' . CAL FIRE# 7CA00236 USFS# 09-FI-11052012-150 NPS# H807507003 � BLM# BAA081002 F&WS# 802233-9-J001 BIA# AGP000768 [(A x H) + (A x H x W) + (A x H x U)] =Totalpersonnel.Reimbursement in Dollazs where A=Average'Actual Hourly Rate; H= Total Hours on Incident; W= Califomia Fire and Rescue Mutual Aid System Agencies Workers' Compensation Percentage Rate; and U=Unemployment Percentage Rate. The Average Actual Hourly Rate (A) is the average hourly rate of all personnel in thespecific rank (e.g., Chief, Deputy Chief, Assistant Chief, etc.,) within each individuai agency. ' The Hours on Incident (H), the California Fire and Rescue Mutual Aid System Agencies Workers Compensation Rate (W), and the Unemployment Percentage Rate (U) are as defined in the Formula for Base Rate, above. Engine Company and Tactical Water Tender Staffing A-10. Engine company staffing shall not be less than three (3) or a reimbursabie maximum of four (4). The State of California or the Federal,Fire Agencies wil] reimburse based on the actual classifications respopding, not to exceed one Company Officer, one Apparatus'Operator, and one or two Firefighters. Tactical water tender staffing shall'be a reimbursable rriazimuin of two (2) Apparatus Operators. Personnel filling engine company or tactical water tender positions sfiall be certified at the appropriate level per Wildland Fire Qualification NWCG 310-1 Spb System Guide, or the California lncident Command Certification System (CICCS). Strike Team/Task Force Leader Trainee A-11. The State of Califorriia or the Federal Fire Agencies shall provide reimbursement for personnel requested by the State of California or the Federal Fire Agencies to coordinate (Strike Team/Task Force Leaders) or otherwise support the Califomia Fire and Rescue Mutual Aid System resources, or Cal EMA-owned emergency apparatus used on incidents. A strike team/task force may, at.the discretion of the ]ocal jurisdiction, include a Strike Team/Task Force Leader Trainee as a reimbursable member of the unit The Trainee will be covered under a strike taam/task force order-request number and will be identified on-a separate Cal EMA F-42, unless the Trainee is from the same Califomia Fire and Rescue Mutual Aid System Agency as the•Strike Team Leader. The Strike Team/Task Force Leader Trainee shall travel with the strike team/task force in a vehicle from the existing strike teaii�/task force.and will not be reimbursed for the use of a separate Trainee vehicle. Personnel filling Strike Team/Task Force Leader Trainee positions _ shall be certified at the Strike Tean�/Task Force Leader Trainee level per Wildland Fire Qualification NWCG 310-1 Sub System Guide, or the Califomia lncident Command Certification System (CICCS). A-12. All Trainees will follow the qualificatiomprocess in place aY the incident. Page A-6 01/2011 Agreement Between CaI EMAICAL FIRELUSFSlBLM/NPS/F&WSBIA 2009 : ' Cal EMA# 6022-9 � CAL FIRE# 7CA00236 USFS# 09-FI-11052012-150 � . NPS# H807507003 • BLM# BAA081-002 F&WS# 802233-9-JOOI BIA# AGP000768 Overhead Personnel A-13. Personnel responding to a State of California or Federal Fire Agency's request for overhead positions shall meeYthe training aud experience requirements established for the ICS position to be filled (Reference: NWCG 310-1 Sub System Guide or the California lncident Command Certification System (CICCS)). A-14. Requesting State of California or Federal Fire Agencies shall specify the mode of transportation for overhead personnel at the time of requesT. Transportation may be arranged and shall be paid by the State of California or Federal Fire Agency. Transf'er to Other Operational Areas A-15. California Fire and Rescue Mutual Aid System emergency apparatus and personnel requested � pursuant to this agreement ca��not be transferred from one Cal EMA Operational Area to another, or to a different agreement withoutthe responding jurisdiction's approval. The using'State of California oi Federal Fire Agency shall secure approval for such redirection through the . California Fire and Rescue Mutual Aid System. Cal EMA Support A-16. Cal EMA Fire Agency Representatives assigned tomajor iricidents may need to have a Cal EMA Support/Communications Uiut to facilitate coordinating tfie mutual aid resources assigried to the incident. Staffing level far this resource shall be limited to a maximum of two (2) persons. Staff reimbursement will be based on the appropriate rate. , EMERGENCY APPARATUS REIMBURSEMENT State-Owned Cal EMA Emergenc}' Apparatus A-17. Cal EMA shall assume operational costs, including necessary motor�uels and lubricants used in State-owned Cal EMA emergency apparatus while responding to and returning from a Federal Fire Agency or CAL FIRE incident. A-18. Cal EMA assumes the nonna] cost of repair or damage to State Cal EMA-owned emergency apparatus, whicl� may result from use under the terms of tbis agreement. Page A-7 Ol/2011 Agreement Between Cal EMAJCAL FIRE/USFS/BLM/NPS/F&WS/BIA 2009 Cal ENIA# 6022-9 . CAL FIRE# 7CA00236 . USFS# 09-FI-11052012-150 NPS# H807507003 BLM# BAA081002 F&WS# 802233-9-J001 BIA# AGA000768 Califm•nia Fire and.Rescue Mutual Aid System Agency Emergency Apparatus A-19. Reimbursement - Engines and Tactical Water Tenders shall be in accordance with the current Schedule of Equipment Rates established:pursuant to Section 42 Robert T. StafFord Disaster Relief and Emergency Assistant Act, by the Federal Emergency Management Agency(FEMA), and as published in the Annual Rate Letter: Bngines and Tactical Water Tenders rates are based on a 16-hour maximum allowable charge, per 24-hour period. Reimbursement of other emergency response equipment shall be in accordance with 44 CFR 206.228 allowable costs. Reimbursement- Support Equipment and Privately Owned Vehicles A-20. The State of California or the Federal Fire Agencies shall reimburse California Fire and Rescue Mutual Aid System Agencies for use oEagency support equipment or private vehicles provided in conjunction with requested personnel. Reimbursement shall be calculated on a daily basis for local jurisdiction support equipment and on a per mile basis for privately owned vehicles at the rate established by the Committee for-the type or category of vehicle used. Such reimbursement shall be considered-as covering all ieimbursement related ro use of such vehicles except as provided in the Reimbursement of Emergency Apparatus Loss or Damage section of this agreement, Paragraphs 37 through 39. ' . State and Federa] Emergency Equipment Rental Agreement (EERA) rates are used as the basis for support equipment rates and are reviewed annually. A-21. California Fire and Rescue Mufual Aid System Agencies shall assume operational costs, including necessary motor fiiels and hibricants used in its;emergency apparatus while responding to and reYuming from the State of California or Federal Fue Agency incidents. It sliall be`the responsibility of the respondingjurisdiction to provide the necessary means of payment for such costs. A-22. The Sfate of California or the Federal Fire Agencies will provide for motor fue] and lubricants, normal servicing costs, and minor repairs iiicidentaLto operation of emergency apparatus including California Fire and Rescue Mutual r�id Systen� support equipment while under direction and control of the requesting State of California or Federal Fire Agency. Minor Repair is defined as any repair necessary to keep the equipment in operation on the f re, which requires not more than rivo hours (labor time only) for one mechanic for any one job, exclusive of obtaining parts. Page A-8 Ol/20ll Agreement Between Cal ENI.�,ICAL FIRE/USFSBL�I/NPS/F&VVS/BIA 2009 ' Cal EMA# 6022-9 ' CAL FIRE# 7CA00236 USFS# 09-FI-ll052012-150 NPS# H807507003 � � BLM# BAA081002 ' F&VVS# 802233-9-J001 BIA# AGP000768 A-23. In no case will.a second support vehicle assigned to an individual strike team or task force be reimbursed. Reimbursement—Other Equipment Rates (excluding aviation) A-24. All other equipment not identified specifically in this exhibit will be reimbursed using,the FEMA Schedule of Equipment rates. If a FEMA equipment rate is not identified for the type of equipment being used, a rate may be developed using the FEMA equipment rate formula (Exhibit F). Reimbursement—Tra��el Ezpenses � . A-25. At no time will the Califomia;Fire and Rescue Mutual Aid System Agencies seek reimbursement for travel expenses such as fuel, food and lodging responding to, during or returning from a State of Califomia oc Federal Fire Agency incident unless formally documented and approbed in � �vriting at the incident. REIMBURSEMENT—PERSONNEL ROTATION � A-26. When Califomia Fire and Rescue Mutual Aid System Agency personnel are committed to extended assigiunents under tfi'is:agreement, there may be a need to rotate and replace personnel. Personnel under this agreement are expected to be available a minimum of seven (7) days (portal to portal) excluding travel, be'fore needing replacement, regardless of the nuniber of assignments from original dispatch. Expenses that are reimbursable are limited to personnel costs and transportation costs. Reimbursement for persomiel will be in accordance with general personnel reimbursement provisions^of'this agreement. Please reference Exhi6iYC for specific personnel rotation procedures. INCIDENT OFF-SHIFT REST AND SLEEPING ACCOMODATIONS A-27. The responsible State of Califomia or Federal Fire Agency will provide, when practical, shaded and/or climatically maintaiiiedaccommodations for off shift sleeping, rest, and recuperation for local jurisdiction resourcas co�ifined to the incident base. If the incidentcommand 6nds it operationally feasibl'e (e.g. strike`team remains available) to place local junsdic[ion resources in a commercial sleeping accommodatioii, it may be provided by the Federal Fire Agencies and CAL FIIZE. Page A-9 O1/2011 Agreement Between Cal EMA/CAL FIRE/USFS/BLM/NPS/F&WSBIA 2009 Cal EMA# 6022-9 � � CAL FIRE# 7CA00236 � USFS# 09-FI-11052012-150 LVPS# H807507003 BLM# BAA081002 F&WS# 802233-9,J001 BIA# AGP000768 REIMBURSEMENT- STATE OF CALIFOI2NIA, FEDERAL, DOD, AND TRIBAL FIRE DEPARTMENTS A-28. State Agency Fire Departments, Depaitment of Defense (DOD) Fire Departments, and Tribal Fire Departments (TFD) may respond through the California Fire and Rescue Mutual Aid System. State Agency Fire Department personriel will be reirribursed in accordance with reunbursement provisions for local jurisdictions except that the,base;rate provisionswillnotapply to inmate firefighters. Irunate firefighters will be•reimbursed at their actual straig}it tiruexate;in accordance with the fonnula for base rate. Reimbursement of DOD and Tribal Fire Deparfinents that respond to CAL F1RE fires will be in accordance with the reimbursement provisions forlocal jurisdictions. Reimbursement,of DOD and Tribal Fire Departments that respond to Federal Fire Agency.fires are govenied by other federal agreements. In these case5 Ca1BMA will not produce or process reimbursement invoices for DOD and`Tribal Fire Departments. DOD Fire Departments responding under this agreement will invoice tl�e supported Federal Fire,Agency directly in accordance with existing federal and local agreements. Tribal Fire Departments resgonding under this agreement will invoice the Bureau of Indian Affairs directly in accordance with existing federal or local agreements. REQUESTING REIMBURSEMENT A-29. California Fire and Rescue Mutual Aid System Agencies will prepare a Ca] EMA Form F-42 (Emergency Activity Record) and supporting docurrientalion at the incident, whicH is the basis for reimbursement due and invoice preparation. These`forms ai-e provided by Cal EMA Fire and Rescue Division. The Form (F-42) must be signed by a responsible officer of the jurisdiction seeking reimbursement and by the State of California or Federal Fire Agency Incident Command to verify tl�at the resources requested on the.F-42 were authorized by the;ordering,agency and are approved for payment by the State of California or Federal Fire Agency. The completed F-42 is forwazded to Cal EMA Fire and Rescue.Division Headquarters for processing. FORMS F-42 ' should be submitted to the Cal EMA Fire Ageacy Representative at the incident. In the absence of a Cal EMA Fire Agency Representative, FOR1�7S F-42 should be SUBIVIITTED TO Cal E1VIA FIRE AND RESCUE DIVISION.BY THE C?.LIFORNIA FIRE AND RESCUE NIUTUAL AID SYSTEM AGENCY'��'ITIIIN THIRTY (30) DAYS OF RELEASE FROM THE INCIDENT OR PAYn1ENT �i'ILL BE DELAYED. Page A-]0 01/2011 Agreement Between Cal EMA/CAL FIRE/USFS/BLM/NPS/F&WS/BIA 2009 Ca1:EMA# 6023-9 ' CAL FIRE# 7CA00236 USFS# 09-FI-11052012;150 NPS# H807507003 BLM# BAA081002 . F&WS# 802233-9-J001 . BIA# AGP000768 A-30. Within sixty(60) days:of receipt of the F-42, Cal EMA Fire';and Rescue Divisioii will process the F-42 data into invoices�(F=142) and retum to the Califorriia Fire and Rescue Mutual Aid System Agency for verification of.liilling�amounts and signature:' THERE WILL BE A DELAY IN PAYMENT FOR INVOICES,(F-142) NOT RETURNED"TO Cal EMA FIRE AND RESCUE DNISION WITHIN THiRTY (30) DAYS'OF RECEIPT FOR VERIFICATION OF BILLING AMOUNTS AND SIGNATURE. A-31. Upon retum receipt and verification of fhe invoice (F-142) by the Califomia Fire and Rescue Mutual_Aid System Agency,Cal EMA Fire and Rescue Division will fonvatd the invoice (F= 142) to the appropriate State of Califomia or Federal Fire Agency within thirty(30) days along with a copy of the F-42 as the source document Inquiries from the State of Califomia and Federal Fire Agencies regarding'amounts billed will firsf be addressed to Cal EMA Fire and Rescue Division as soon as possible, as the first step in a joirit resolution process. A-32. The State of California or EederaP Fire Agency will remit payment to the Califomia Fire and Rescue Mutual Aid System Agency within sixty(60) days of_receipf of invoice (F-142) from.Cal ` EMA. ' A-3�3. In the event that CAL FIl2E or the Federal.Fire Agency fias changed an invoice (F-142), CAL '` FIRE or°the Federal`Fire Agency�vill provide a disbursement voucher to Cal EMA and the CaliforniaFire and Rescue Mutual Aid System Agency,wliich identifies the payment being made, and the reason for the change. A-34. CAL F1RE or the Federal Fire Agency will provide copies of payment schedules to Cal EMA for invoices (F-t42s) CAL FIRE orthe Federal Fire Agency haspaid within sixry(60) days of remittance to the California Fire and Rescue Mutual Aid Sysfem A�ericy. Cal EMA Fire and Rescue Division will reconcile the payment schedules against:outstanding invoices (F-142s) on a monthly basis. A-35. Cal EMA will>forin and chair a working group with membership from.the Corrimittee to develop methodologies to streamline the reimbursement process. The State of California and Federal Fire Agencies will work on procedures to improve reimbursement timeliries. These activities will be docurriented and shared with the Califomia Fire and Rescue Mutual Aid System Agencies. A-36. The Terms and Conditions and Exhibits in this agreement may necessifate new methocls of reporting and invoicing. All proposed changes to this agreement; or associated business processes shall be approved by the State of California or Federal Fire Agencies that are parties to this agreement. ' Page A-ll Dl/20l 1 Agreement Between.Ca1 EMA/CAL FIRE/USFSBLM/NP.S/F&WSBIA 2009 Cal EMA# 6022-9 CAL FIRE# 7CA00236 . • � USFS# 09-P'I-11052012-150 NPS# H807507003 BLM# BAA081002 F&WS# 802233-9-J001 BIA# r1GP000768 A-37. Reimbursement,for emergency'apparatus and:personnel shall be made directly to the Califomia Fire and:Rescue Mutual Aid Agency proxiding tHe resource, and NOT to individuals. FEDERAL AGENCY EL`ECTRONIC FUND TRANSFER (EFT) A-38. Federal agencies require the following for reimbursement to agancies: a) Taxpayer ldentification Number(TIl�—Thisnumber is applied for and issued by the.Intemal Revenue Service (Il2S). Contact;the IRS @ ww�v.irs.gov or (800) 772-1213. b) Electronic Funds Transfer—The cooperator'shall designate a financial institufion or an authorized payment agent through which a federal payment.may be made3in accardance with US Treasury Regulations, MoneyandFinance at 31 CFR 208, which requues thatfederal payments are to be made by EFT to the maximum extent possible. A waiver may'be requested and payments received by check by certifying in writing that one'of the following, situations apply: a. The payment recipient does not have,an.account at a financial institution. b. EFT creates a financial hardship because direct deposit will cost the paymenf recipient more than receiving.the check. , c. The paymentrecipientfias a physical'.or mental disability, or.a,geographic language, or ]iteracy barrier. In order to recei��e EFT payments, the recipient/cooperator shall register in the Central Contractor Registry(CCR). You may register by going to www;ccr.gov and followrthe instructions provided on-line. For:assisfance, contact the CCR Assistance Center at (888) 227-2423 or (269) 961-4725. c) DiJNS Number—The coopecator-shall obtain a Dunn and Bradstreet Data Universal ' Numbering System (DiJNS). This is:`arequirement far registering in CCR. The DL1NS number does not replace existing numbers, such as Employer.Identification Number-(EIN), the Tax Identification Number(TIN), and Sfafe Application Identifier (SAI) numbers that are required by statute, Executive Order, or regulafion. You may obtain a DiJNS number'by contacting Dun & Bradstreet yia the web at www.dunandbradstreettcom or by phone at'(800) 234-3867 or (866) 794-1'S80. A DUNS;number wip be provided immediately bytelephone at no charge. . Page A-12. . Ol/20ll Agreement Bet�veeu.Cal EMA/CAL FIRE/USFS7BLM/NPS/F&WS%BIA 2009 � Cal EMA# 6022-9 • CAL FIRE# 7CA00236 USFS# 09-FI-11U52012-150 NPS# H807507003 BLIVI# BAA081002 F&WS# 802233-9-J001 BIA# AGP000768 EXAIBIT "B" ICS T,ype 3 ENGINE, EQUIPMENT, PERSONNEL &TRAINING STANDARDS,FOR FIRE AND EMERGENCY ASSISTiANCE The purpose of this Exhibit is to identify the minimum standards that California Fire and Rescue Mutual Aid System Agencies,should follow in•regards to their use of Type 3 engine, equipment, personnel.and training standards for mutual aid and/or CFAA reimbursable responses. The State of California or the�Federal Fire Agency Type 3 Engine has a number of features that etiliance its capability to operate on narrow, steep or unimproved roads to allowthe efficient application of water or other agents. The minimum features of the engine are: ❑ Short wheelbase ❑ Lower Gross Vehiole Weigfit (GVW)•than ❑ High ground clearance Type 1 or 2 engine , ❑ High angle-of-approach &departure ❑ Engine unit � on roof Engine Protection Line: This hose is intended for engineprotection and is not to be used for other purposes. Altematives to meeY.this include: o Live reel with a minimum of 150 feet of hard rubber hose, not less than three-fourths (3/4) inch inside diameter, or a; o Hose tray/basket containing.a minimum of 150 feet of Sinch Natiorial PiperStraight Hose also known as "iron pipe"threaded fittings (NPSH) or 1-1/2 inch National Hose (NH) cotton/synthetic_lined hose, with a combination noz2le, and the hose shall be configured for immediate dep]oyment. Hose shall be connected to the water�supply and fully charged. The 150°feet of hose specified here is in addition to the hose specified under components. • The fire engine:must be equipped with baffles that reduce tfie shifting of the water load. Most engines should meet thisNFPA standard; however, this requirement is also applicable to all water tenders: • The main fire pump and water tank shall meet minimum capabilities for the FIRESCOPE ICS Type 3 engine as designated in the current edition of the ICS Field Operations Guide ICS-420-1. The pump, as mounted, shall be capable of drafting �vater from a water source located 15 feet vertical distance below the pump through the required suction hose. • A portable pump, �vith a minimum rating of 35 GPM is desirable. Page B-1 Ol/20]1 Agreement Between Cal En7A/CAL FIRE/USFSBLM/NPS/F&WSBIA 2009 Cal EMA# 6022-9 '� , CAL FIRE# 7CA00236 • USFS# 09-FI-11052012-150 NPS# H807507003 BLM# B9A081002 F&WS# 802233-9-J001 BIA# AGP000768 • All engines will have pump and roll capabilities for rriobile attack on fire line utilizinga 1:5 inch hose with a 1.5 inch combination nozzle. In addition to live reel hose or hose tray/basket hose • Hard Suction hose. • 500 feeY of the 1000 foot compliment of 1.5 inch hose will be configured to facilitate progressive hose deployment providing for a 100 foot lateral of 1 inch hose every 200:feet of 1.S inch°trunk line once the fire's edge is encountered. • All hose utilized must meet or exceed USDA,Specification 5100-186b. One-inch hoses.and nozzles will have NPSH; linch hose with NH threads shall be provided with a sufficient.number of NPSH adapters. One and one-half inch hoses and nozzles wili have NH threads with 9 tlueads per inch. NIinimum Type 3 Engine Equipment Tnventory I.5 inch fire hose NH Tliread 1,000 Faet 1.0 inch fire hose NPSH, oi NH w/adapters 800 Feet Shovels Z Pulaskis 2 McLeod or combination too] 1 Hose clamp, 1 S inch 3 Spanner wrench linch and 1.5 inch 3 Adapter, 1.S inch NH to 1.5 inch NPSH 1 Adapter, 1.S.inch NPSH�to 1.5 inch NH 1 Double male, 1.5 inch NH 1 Double female, 1:5 inch NH 1 Double male, 1 inch NPSH 1 Double female, 1 inch NPSH 1 Gated Hose Tees, 1.5 inch x 1.5 inch x 1 inch NH 4 (or Gated Wyes 1.5 inch NH) Reducer/adapters, 1.5 inch NH to 1 inch NPSH 8 Class A Foam. 5-gallons 1 Ftisees (case) or drip torch 1 Backpack pump, 5-gallons 1 Water, drinking 3-gallons First Aid Kit, �-person 1 PageB-2 Ol/2011 Agreement Behveen Cal EMA/CAL FIRElUSFS/BLM/NPS/F&WSBIA 2009 • Cal E1VIA# 6022-9 . CAL FIRE# 7CA00236 � USFS# 09-FI-ll�52012-150 NPS# H807507003 BL1VI# BAA08I002 F&WS# 802233-9-J001 BIA# AGP000768 Communications 1-mobile radio,-minimum 1-portable radios (preferred 1-per assigned personnel) **Programmed per the current edition of the FIRESCOPE Field Operations Guide„(FOG),.ICS 420-I,Appendix "A" Com�riunications. Exl�ibit"D" identifies communications capabilities. Personal Protective EquipmenY(PPE) Each employee responding to or engaged in fire suppression activities-will use the appropriate safety clothing and equipment. Each department is7esponsible for seeing tfiat,CAL/OSHA standards for safety clothing and equipment are provided and used for wildland firefighting.`Wildla�id fire suppression safety clothing and equipment includes: • Safety helmet that meets the minimum standards required by California Code of Regulations (CCR), Title 8, Sectiou 3410 • Goggles, protection that meets the minimum requirements for'design, construction and use as required by CCR, Title 8, Sections 3382 and 3404. • Ear protection to comply with CCR Title 8 Sections 3405 and 3410(c) • Nomex hood, shroud;or equivalent face and neck protection • Nomex shirt • Nomex.pants • Gloves, CAL/OSHA approVed foi wildland fire fighting • Safety work boots, heavy-duty, lace-type, with deeply lugged soles and heels, and leather tops at least eight inches in height. • Chain saw chaps for chainsaw operator • Wildland fire shelter Trainina The State of California and Federal Fire Agencies have the.expectation that when a local jurisdiction Type�3 strike teamltask force arrives.at an incident it can perform all of the missio»s that tlie StaYe of . California and Federal Fire Agencies Type3 engine can. All responding personnel shall Ue in compliance with the current NWCG 310-1 Sub System Guide or the California lncident Command Certification System (CICCS). Training topics include but are not ]imited to: Wildland strategy& tactics Backfiring/Firing-out Wildand fire bel�avior Handline�construction Wildland hoselays . Structure triage Wildland fire safery Structure protection preparation Fireground cormn�mications Fire weather Page B-3 Ol/20ll Agreement.Between Ca1 EMA/CAL FIRE/USFSBLM/NPS/F&WS/BIA 2009 Cal EMA# 6022-9 CAL FIRE# 7CA00236 ' USFS# 09-FI-11052012-150 NPS# H807507003 BLM# BAA081002 F&WS# 802233-9-J001 BIA# AGP000768 EXHIB[T "C" REIMBURSEMENT FOR PERSONNEL ROTATION Clause A-26 authorizes the reimbursement of personnel and transportation costs incurred to replace California Fire and Rescue Mutual Aid System Agency personnel committed to extended assignments under this agreement. Personnel tmder this agreement are to be available aminimum of seven (7) days excluding travel (portal to portal) before needing replacement, regardless of the number of assignments. This exhibit lists the procedures necessary for a local jurisdiction to follow before reimbursement for their costs will be processed for rotation of thei�personnel. These procedures only apply when the emergency apparatus remains assigned to the incident but the personnel are rotated. The procedures are: C-1. The incident commander or MOB center manager to which the resources are assigned must; approve the personnel rotation and method of transportation. Such approval should nof be denied without substantial cause, e.g. imminent planned release (24— 36 hours) of the resources; or a negotiated extension through the Ca1 EMA Fire Agency Representative. The personnel`rotation and transportation plan must be coordinated through the incident, the ordering point, agency repiesentative, and/or the overheadsesponsible for the personnel to.be cotated. C-2. The approved personnel rotation will be documented in: C-2.1. An automated resource ordering and statns system. No new "E" number will be issued for rotation of personnel. The resource order will be annotated to include the follo�*�ing information: 2.1.a. Date and time of approval for the specific personnel rotation. 2.l.b. Names of incoming and outgoing personnel, with identification of home units. 2.1.a Method, date;and.time of transportation of both incoming and outgoingpersonnel. C-2.2. F-42 "Emergency Activity Record" 2.2.a. The original F-42 will document any�personnel rotation with the date and time of the rotation for all individuals when transportation is not claimed: 2.2.b. ONLY when a fire agency is requesting reimbursement for personnel and transportation, will a separate F-42 be required, titled page 2 (Personnel Information, Box 11 & Support Vehicle Information,-Box 8 on F-42). Page C-1 O1/2011 Agreement Beriveen Cal ED'IA/CAL FTRE/USFS/BLNI/NPS/F&WS/BIA2009 � � . Cal EMA# 6022-9 ' CAL FIRE# 7CA00236 USFS# 09-FI-ll052012-150 NPS# H807507003 � BLM# BAA081002 F&WS# 802233-9-J001 � B1A# AGP000768 2.2.c. I��voices_(F-142's)will identify personnel involved in any rotation and will itemize the costs of transportation far personnel rotations. C-2.3. ICS-214 UnitLog 2.3.a. Details of personnel rotation need to be documented (Unit Logs to be retained on file by individ'ual fire agency). � If Uoth the emergency apparatus and the personnel need replacement, the-resources will be released and a new resource will be ordered. Page G2 Ol/20ll Agreement Behveen Cal EA4A/CAL FIRE/USFSBLNI/NPS/F&�VS/BIA 2009 Ca1.E11�1A# 6022-4 • CAL FIRE# 7CA00236 - USFS# 09-FI-11052012-150 NPS# H807507003 BLM# BAA081002 F&WS# 802233-9-J001 BIA# AGP000768 EXHIBIT "D" COMM[JNICATIONS CAPABILITIES It shall be the responsibility of the agency sending mutual aid resources to ensure that those resources have adequate communications capabilities. Adequate communications capability is.defined as VHF Highband radios with a minimum of 240 chamiels and pre-programmed with the most cunent FIKESCOPE STATEWIDE FREQiJENGY CHANNELPLAN contained in the FIRESCOPE Field Operations Guide (FOG), ICS,420-1, Appendix A. Emergency apparatus used for mutual aid will have a mobile VHF Highband.radio (powered by the emergency apparatus battery and connected to an external antenna) and a minimum of one portable VHF Highband'radio. The VHF Aighband portable radio sfiould be capable of being operated by alkaline batteries. Strike Team/Task Force Leaders. In addition to,the communications capability required for emergency apparatus, Strike Teaxn/Task Force Leaders are encouraged to respond with a conventiona1800 MHz radio pre-programmed with the 800 MHz mutual aid,channels as identified in FIRESCOPE STATEWIDE PREQUENCY CHANNEL PLAN. Agencies shall ensure that local radio channels are not utilized outside of the agency's licensed area of operation. Agencies should provide a miniinum of 4 hours of annual basic radio training for Division Supervisors, Strike Team Leaders, and single resource leader positlons. Page D-1 Agreement Between Cal Ei�4A/CAL FIRE/USFS/BLM/NPS/F&WSBIA 2009 � Cal EMA# 6022-9 ' CAL FIRE# 7CA00236 USFS# 09-FI-11052012=150 ' NPS# H807507003 BLNI# BAA081002 . F&WS# 802233-9-J001 BIA# AGP000768 EXHIBIT "E" 1CS TACTICAL WATER TENDER; EQUIPMENT, PERSONNEL, AND TRAINING STANDARDS FOR FIRE AND EMERGENCY ASSISTANCE The purpose of this Exhibit is to identify the minimum standards that Califomia Fire and Rescue Mutual Aid System Agencies should.follow in regard to their use of tactical water tender, equipment, personnel, and training standards for mutual aid and/or CFAA reimbursable responses. The State of California or'the Federal Fire Agency tactical water tender'has a number of features that enhance its capability to operate on narrow, steep or unimproved roads to allow the efficienC distribution of water. The minimum features of the tactical water tender are: • Short wheelbase • High ground clearance • High angle-of-approach & departure '�� • Engine unit # on roof � e The tactical water tender must be equipped with baffles that reduce the shifting of the water load. • The fire pump and water tanK shall meet minimum capabilities for the FIItESCOPE ICS tactical water tenders as designated in the current edition of the ICS Field Operations Guide ICS-420-1. • A portable pump, with a minimum rating of 35 GPM is desirable. • All tactica] �vater tenders should have pump and roll capabilities for mobile attack on fire line utilizing a 1.5 inch hose with a 1.5 inch combination nozzle. • Live reel hose or hose tray/baskef • Hard suction hose with strainer • Soft suctian hose • All hose utilized must meet or exceed USDA Specification 5100-136b. One-and-one-half inch hoses and nozzles will'have NH threads with 9 threads per inch. Recommended Minimum Tactical Water Tender Equiament Inventorv 3 inch fire hose NH Thread 300 Feet 1.5 inch fire hose NH Thread 200 Feet Shovel 1 Adjustable hydranYwrench 2 Combination 1-1/2 inch nozzle 3 Pulaski 1 McLeod or combination tool 1 Spanner�vrench 3 Page E-1 Ol/20l l Agreement Between Gal ENIA/CAi. FIRE/USFS/BLM/NPS/F&WS/BIA 2009 Cal EMA# 6022-5 . � CAL FIRE# 7CA00236 - USFS# 09-FI-ll052012-150 NPS# H807507003 BLM#; BAA081002 F&WS#. 802233-9-J001 BIA# AGP000768 Double male; 1 S inch NH 1 Double female, 1,5 inch NH 1 Double male, 2.5 inch NH 1 Double female,.2.5 inch NH 1 Reducer/Adapters, 2.5 inch NHF to 1:5 incH NHM 1 Fusees (case) or drip torch 1 Water, drinking 3 gallons First Aid Kit, 5-person 1 Cominunications 1-mobile radio,.minimum 1-portable radios (preferred l;per assigned personnel). **Programmed per the current edition of the FIRESCOPE Field Operations Guide (FOG), ICS 420-1, Appendix "A" Communications. Exhibit "D" identifes commm�ications capabilities. �Personal.Protective Equipment (PPE) Each employee responding to or engaged in fire suppression activities will use the appropriate safety clothing and equipment. Each department is responsible for seeing that CAL/OSHAstandards for safety clothin� and equipment are provided and used for wildland firefighting. Wildland fire suppression safety clothing and'equipment includes: • Safety helmet that meets the minimum standards required by California Code of Regulations (CCR), Title 8, Section 3410. • Goggles, protection that meets the minimum requirements for design, construction and use as required by CCR, Title 8, Sections 3382 and 3404. • Ear piotection to comply with CCR, Title 8, Sections 3405 and 3410(c). • Nomex hood, shroud, or equivalenh face and neck protection. • Nomex shirt • Nomex pants • Gloves, CAL/OSHA approved for wildland fire fighting. • Safety �vork boots, heavy-duty, lace-type;with deeply lugged soles and heels, and leatl�er tops at least eight inches in height. • Wildland fire shelter � Trainine The State of California and Federal Fire Agencies have the expectation that when a local jurisdiction ' tactical water tender arrives at an incident it can perform all of the missions that the State of Califomia. and Pederal Fire Agencies' tactical water tenders can. Page E-2 01120ll AgreementBeriveen Cal EMA/CALFIRE/USFSBLM/NPS/F&WS/BIA 2009 " . � � Cal E'MA# 6022-9 • CAL FIRE# 7CA00236 USFS# 09-FI-11052012-150 NPS# H807507003 BLM# BAA081002 F&WS# 802233-9-TOOI BIA# AGP000768 Allresponding personnel shall be in compliance witli the cunent NWGG310-1 Sub System Guide or the California lncident Command Certification System (CICCS). Training topics include but are not limited to: Wildland strategy& tactics Backfiring/Firing-out Wildland fire behavior Handline coustruction Wildland hose lays Structure triage Wildland fire safety Structure protection preparation ' Fireground communications Fire weather r � I ' Page E-3 Ol/201] Agreement Beriveen Cal ENIA/CAL F7ItE/USFSBLNI/NPS/F&WSBIA 2009 1' ` .. Cal EMA# 6022-9' � . CAL FIRE# 7CA00236 = USFS# 09-FI-11052012-150 NPS�' H807507003 BLM# BAA081002 F&��'S# 802233-9-J001 BIA# AGP000768 EXHIBIT °°F" FEMA EQUIPMENT RATE FORMULA I3ourly Rate= Depreciation + Overhead + Overhaul Labor + Overhaul Parts + Field Labor+Filed Parts + Fuel + Lube + Tires Where: Depreciation= (Acquisition Cost —Salvage Value) /Economic Life Generally Acquisition Cost = (1 —[Discount % / 100]) * (List Price + Sales Tax+Freight Cost) Hourly Overhead = Overhead / 2112 hours Where Overhead represents anmial equipment overhead costs resulting directly from equipment ownership,,The costs includesuch things as normal:risk insurance; storage and security, inspection, and:licenses. Profit, project overhead, and general overhead costs are not included in this number:2112 hours is and annual equipmentownership baseline. Overhaul Labor= (Annual Ovediaul Labor Hours * Mechanics Wage)/ 2112 i Overhaul Parts = Annual Overhaul Parts Cost/ 2112 � Field Labor=,(Annual Eield Repair Labor Hours * Mechanics Wage) /Average Annual Use Hours ' Field Parts = (Annual Field Repair Parts Cost + Miscellaneous Supply Parts Cost) / Average Annual Use Hours Fuel =AverageAnnualFuel Cost/Average Annual Use Hours or Fue1 =Hourly Fuel Consumption Rate * Unit Cost of Fuel Lube = Annual Lube Cost /Average Annual Use Hours Tires=Tire CostY Tire Life ** You may also use FEMA's Special Use Equipment Gormula at www.calema.ca.eov/fireheimburseinent.** Page F-1 Ol/20I1 Agreemeut Behveeu Cal EMA/CAL FIRE/USFSBLM/NPS/F&WS/BIA 2009 / I