FY1998-23 Bayside Fire Protection ServicesL7On1TAPd,r qB"23
COOPERATIVE FIRE PROTECTION AGREEMENT
This agreement is dated the :ff day of _ , 199 8 , and is between
the Bayside volunteer Fire Department ("Cooperator") with
an address of 4606 Rezanof Kodiak AK 99615 '
and the State of Alaska, Department of Natural Resources, Division of
Forestry ("State") with an address of HC 1 Box 107 Sol dotna AK 99669
1. Recitals
It is the intent of AS 41.15.010 that the State provide fire
protection, commensurate with the value of the resources at risk, for
the natural resources and watersheds on land that is owned privately,
by a municipality, or by the State of Alaska. It is also recognized
by the Cooperator that an obligation exists to provide protection to
life and property. from wildland fires within their area of
and
responsibility, subject to available resources, funding,
personnel. Therefore, it is to the mutual advantage of the Cooperator
and the State to coordinate efforts in the prevention, detection, and
suppression of wildland fires. It is in the best interests of both
the Cooperator and the State that wildland fires be suppressed
quickly and efficiently to minimize the destruction natural
resources and the threat to life, property, and communities
parties recognize the difficulties with workers' compensation
benefits by Cooperators to their employees, engaged in wildland fire
suppression under agreement with the State of Alaska, outside the
Cooperator's Primary Response Area, limits the ability of the
Cooperator to engage in discretionary response upon the State's
request for assistance.
2. Definitions
Ejr Apparatus - Fire engine, pumper, tender, tanker, brush rig, fire
command vehicle, maintenance truck or such other rolling stock as purposes.is
typically used by fire departments ent used to suppress wildland fires
g1re Stores - Supplies and equip
as listed on the most current List of Approved Fire Stores Loan
(SFD). This list will become part of the Annual Operating Plan.
stem
r 'APnr command System Incident Management Sy
- An emergency response management system
defined by the National Interagency
(NIIMS), and endorsed by the governor of Alaska via Administrative
Order 170. operating
Primary Response Area - An area as designatedwith the
itsability,
b l ty to
Plan within which the Cooperator agrees,
promptly respond and act to suppress any wildland fire.
Response
,-
r• rerionary Res^nn Ge Area - An area outside the Primary,
or assist
Area, within which the Cooperator may choose to respond,
the State, to suppress a wildland fire.
(revised 3/99)
Page 1 of 7
COOPERATIVE FIRE PROTECTION AGREEMENT
Unified Command - A method for all agencies or individuals who have
jurisdictional responsibility, and in some cases those who have
functional responsibility at an incident, to contribute to (I)
determining overall objectives for the incident (ii) selection of a
strategy to achieve the objectives (iii) command of the incident.
wildland Fire - The uncontrolled burning of grass, brush, timber and
other natural vegetative material.
3. Wildland Fires - Primary Response Area
Within its ability, the Cooperator agrees to promptly respond
and act to suppress any wildland fire within the primary response
area. Upon request of the Cooperator, the State shall provide
wildland fire suppression assistance to protect life and property
without cost to the Cooperator. At any time the Cooperator may
request that the State assume command of the wildland fire.
4. wildland Fires - Discretionary Response Area
From time to time the State may request the Cooperator to
respond to a wildland fire outside its primary response area. It is
within the sole discretion of the Cooperator to respond or not to the
State's request for wildland fire suppression assistance.
5. Command of Incident
There is a presumption of Unified Command, by mutual consent
pursuant to this agreement, for the management of wildland fire
incidents. The first responder on -scene shall assume functional
command of the incident until the arrival of the other responder,
after which a Unified Command will normally be established.
The Cooperator or State may, by mutual agreement, solely assume
command of the incident, and shall be in command of personnel, fire
apparatus and all other aspects of the fire suppression effort for
the duration of the incident or until such resources are released.
6. Reimbursement and Status of Employees and Apparatus
The Cooperator may be reimbursed for performance under this
Cooperative Fire Protection Agreement. The methods of reimbursement
are: Cooperator Reimbursement, where actual costs of personnel and
apparatus are reimbursed to the Cooperator; and Direct Payment, where
Cooperator personnel, as mutually agreed to by both the Cooperator
and the State, are hired as EFF by the State and paid directly, and
apparatus is rented and paid directly to the Cooperator. The method
of reimbursement is determined in the Annual operating Plan. Billing
addresses and contacts will be provided in the Annual operating Plan.
(revised 3/98) Page 2 of 7
COOPERATIVE FIRE PROTECTION
In the event an Annual Operating Plan has not been signed by the
State, rates paid for apparatus will not exceed the latest version of
the Cooperator Apparatus Typing and Rate Guidelines for Wildland Fire
Suppression Activities.
State employees remain employees of the State whether they work
under Cooperator or State command. State employees are paid by the
State without reimbursement from the cooperator.
Cooperator employees may remain employees of the Cooperator, or
may become employees of the State through the Emergency Firefighter
program, with the attendant pay and benefits.
A. cooperator Reimbursement The Cooperator shall be
responsible for payment of salary to Cooperator's personnel including
all lawful deductions and taxes. The Cooperator shall be responsible
for payment of all expenses related to operation of the apparatus.
Upon receipt of an itemized bill and a completed Individual Incident
Report within 15 days of the Cooperators last day on the incident,
the State shall reimburse the Cooperator, within 30 days, for actual
costs of personnel, apparatus, and other reasonable and necessary
expenses directly related to wildland fire suppression. Rates of
reimbursement shall be documented in the Annual Operating Plan.
Cooperator apparatus reimbursement rates shall not exceed the rates
listed in the most recent Cooperator Apparatus Typing and Rate
Guidelines for Wildland Fire Suppression Activities.
' B. Direct Payment. The State shall be responsible for payment
of salary directly to Cooperator's personnel including all lawful.
deductions and taxes. Rates of pay and levels of classification shall
be documented in the Annual Operating Plan. The State shall be
responsible for payment to the Cooperator for apparatus rental.
Cooperator apparatus rental rates shall not exceed the rates listed
in the most recent Cooperator Apparatus Typing and Rate Guidelines
for Wildland Fire Suppression Activities.
Notice of employment as EFF, and hiring of apparatus, will be
effected by completion of appropriate hiring documents, or, if the
emergency situation demands, notification to the responsible State
Dispatch office that Cooperator employment and/or hiring has
occurred. In the latter case, official documentation will be
completed as soon as practical.
The State's direct payment of Cooperator personnel or apparatus
does not effect the presumption of Unified Command necessary under
this agreement.
(revised 3/98) Page 3 of 7
COOPERATIVE FIRE PROTECTION AGREEMENT
C. Travel, Meals and Lodaina_ Travel time between the duty
station, or fire station, and the incident is also reimbursable.
Meals and lodging will be provided by the State for employees on
assignment away from their duty station. No other travel costs will
be reimbursed.
7. Worker's Compensation
The Cooperator and the State are responsible for their own
employee's Worker's Compensation. EFF are considered State employees.
However, for the purposes of AS 23.30.005 through 23.30.265
only, when an incident is outside the Primary Response Area, and
under Unified Command or State command, the State of Alaska and the
Cooperator agree to be joint employers of the Cooperator personnel
engaged in wildland fire suppression activities under this agreement.
The State and the cooperator shall assume joint liability for
worker's compensation benefits due to Cooperator personnel suffering
accidental injury or death arising out of and in the course of
wildland fire suppression activities carried out under this
Cooperative Fire Protection Agreement.
8. Liability Insurance
The State is responsible for it's own liability insurance and
coverage.
The Cooperator is responsible for it's own liability insurance
and coverage, for work performed under paragraph 6.A. of this
agreement, and for work performed when no reimbursement or payment by
the State under this agreement is applicable.
The Cooperator's general liability is covered by the State for
work performed under paragraph 6.B. of this agreement, when
Contractor employees and apparatus are hired and employed by the
State, to the same extent that regular State employees would be
covered in similar circumstances.
State apparatus, including FEPP, loaned to a Contractor is
covered by State liability insurance and coverage, regardless of
whether or not the operator is a State employee, provided the
apparatus is utilized in the scope of permissive use. Permissive use
is described as response to and operation on a wildland fire.
Liability is not covered for non-wildland fire use.
9. Fire Stores Use
The State will loan to the Cooperator fire stores for use in
suppressing wildland fires. The loan of fire stores shall be
documented in writing on appropriate forms supplied by the State.
(revised 3/98) Page 4 of 7
COOPERATIVE FIRE PROTECTION AGREEMENT
The Cooperator will maintain the fire stores loaned under this
agreement in an operable condition. The State may replenish
consumable fire stores by the Cooperator providing a proper incident
number. If non -consumable fire stores become broken, or otherwise
unusable, the Cooperator will return the damaged item, along with a
statement of how the item was damaged, to the State for repair or
replacement. If an item becomes lost or damaged as a result of
negligence by the Cooperator, the Cooperator will be liable for
replacement. The Cooperator agrees to return fire stores held at the
end of each wildland fire season, and account for items not returned.
10. Training and Prevention
The State will make wildland fire training available to
Cooperator on an annual basis based on the priorities established in
the Annual Operating Plan. The minimum training offered annually will
be basic fire fighter and I-200 (Basic Incident Command System). Fire
Qualification Cards (red cards) will be issued by the State to the
Cooperator's employees who have successfully completed requirements
as established in the Annual Operating Plan. The State will provide
wildfire prevention material to the Cooperator upon request.
11. Annual Operating Plan
As soon as practical after this agreement is executed and annually
thereafter prior to March 15 of each year, the Cooperator and the
State Forester or his designee shall meet to negotiate an Annual
Operating Plan. The subject matter of the Annual Operating Plan
shall include:
a. Apparatus payment rates & conditions of hire.
b. Personnel pay rates and classifications & conditions of hire.
C. Designation of Primary Response Area on a 1:63,360 scale USGS
topographic map, or equivalent.
d. A current inventory of each parties local fire fighting
resources and provisions for one party to notify the other
when significant changes occur.
e. Coordination of prevention, investigation and public education
efforts.
f. Operational Procedures for Cooperator response within the
Primary Response Area covering as applicable:
(I). Fire Reporting.
(ii). Fire Response and Notification Procedures.
(iii). Fire Reports and other document exchange procedure.
(iv). Equipment familiarization.
M. Open burning closures.
(revised 3/98) Page 5 of 7
COOPERATIVE FIRE PROTECTION AGREEMENT
g. Provisions, conditions, and methods for
reimbursement.
h. Mobilization procedures for Cooperator
responses.
I. Personnel qualification requirements.
j. Training.
k. Fire stores guidelines.
1. Radio frequencies.
Cooperator
discretionary
12. Notification
The Cooperator shall immediately report all wildland fires to the
State according to the procedures set forth in the Annual Operating
Plan. The State shall immediately notify the Cooperator of any fires
it responds to within the Cooperator's Primary Response Area.
13. Parties Responsible !
Each party agrees that 1
the results thereof and ea
acts of the other party;
itself risk and liability
agreement.
Dr their own Acts
: will be responsible
ch party shall not be
and each party agree
resulting from their
for its own acts and
responsible for the
it will assume to
own acts under this
14. Permits and Laws
The parties shall acquire and maintain in good standing all
permits, licenses and other entitlement necessary to the performance
under this agreement. All actions taken by the
par parties
s atutuer his
agreement shall comply with all applicable
ordinances, rules and regulations.
15. Non Waiver
The Failure of the Cooperator or the State at any time to enforce
a provision of this agreement shall in no way constitute a waiver of
the provisions, nor in any way affect the validityof this
shagreement
or any part thereof to enforce each and every protection
16. Review and Modifications ears maximum.
The parties agree to review this agreement every 5 y
From time to time, the parties may agree to modifications in the
scope of services to be performed under this agreement. All
modifications to the agreement shall be incorporated by written
amendments to this agreement and approved by all signatories prior to
effect.
(revised 3/98) Page 6 of 7
COOPERATIVE FIRE PROTECTION AGREEMENT
17. Fair Intent
This agreement has been jointly drafted by the parties following
negotiations between them. It shall be construed according to the
fair intent of the language as a whole, not for or against any party.
18. Agreement Effective Date and Termination
This agreement is effective as of the date of last signature of the
parties and remains in effect indefinitely unless terminated. Either
Party may terminate this agreement at any time by giving written
notice to the other party of such termination and specifying the
effective date, thereof, at least thirty (30) days before the
effective date of such termination.
For The State
Area Forester
Date
State Forester
Date
DNR Procurement Officer
Date
(revised 3/98)
Page 7 of 7
For the
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State of Alaska - Department of Natural Resources - Division of Forestry
SFD Rental of Fire Apparatus Conditions
The State of Alaska, Department of Natural Resources, Division of Forestry will be referred to as "Forestry" in this document.
Volunteer and Structural Fire Departments under Cooperative Agreement with Forestry will be referred to as "Cooperator" in this
document.
1. Order For Service - Upon acceptance of an order for service, either verbally or via Resource Order, a binding contract between
the Cooperator and Forestry is created incorporating the terms of the Cooperative Fire Protection Agreement, the Annual Operating
Plan, the Emergency Equipment Rental Agreement (Form 10-2193), and these SFD Rental of Fire Apparatus Conditions. The start
of the rental period will be agreed upon at the time of the request for service. Each service call will be documented on Emergency
Equipment Use Invoice, OF -286, or equivalent The Cooperator agrees that service call documents may be signed by the
Cooperator's operator as a duly authorized representative for the purpose of certification as to the number of hours or other units
of pay eamed. The Cooperator or it's operator(s) must sign the Emergency Equipment Use Invoice document at the time of release
from work.
2. &qW1 & for Service - The Cooperator is responsible for delivering apparatus to Forestry in good and safe operating condition
and will be subject to pre -use inspection, either pre -season, at time of hire, or both. If, in the determination of Forestry, the
apparatus is not in good, safe operating condition based upon the manufacturer's general safety specifications when it arrives for
work, Forestry may reject it If equipment is rejected, Forestry will not pay any costs, including transportation costs.
3. Fauinment Qperator - The operator(s) will be famished by the Cooperator, and, at the discretion of the cooperator, will be
hired by Forestry as an Emergency Firefighter (EFF). The operator, if hired by Forestry as an EFF, will become a Forestry
employee, and is subject to the Conditions of Hire established in the latest version of the Alaska Emergency Firefighter Crew
Management Guide. The operator(s) must possess all necessary, valid driver's licenses.
The operator(s), shall report to a Forestry official at the designated reporting station at outset of the rental period so equipment
can be logged in, inspected and time records started. The operator(s) shall keep a copy of the Emergency Equipment Rental
Agreement with the equipment
q. ImuM=tion of Equiyment -Subject to paragraph 2, apparatus will be delivered, at Forestry's expense, from point of hire
to the site of work and returned to the point of hire.
5. Peiformance and Direction of Work - The operator(s) are responsible at all times for the safe and efficient operation of
apparatus and may refuse to work in a situation exceeding operator(s) ability or that of the apparatus. The operator receives work
assignments from, and performs work under, general direction of Forestry. In the case of Forestry terminating an operator, a
replacement will be requested from the Cooperator.
6. Termination of Order For Service - There is no guaranteed length of hire under any order for service. Forestry may terminate
an order for service when it is determined by Forestry. When the order for service is terminated, Forestry shall be liable only for
payments in accordance with payment provisions of this contract for services rendered prior to the effective date and time of
termination.
In the event the Cooperator requires return of apparatus for emergency purposes, the Cooperator shall notify Forestry, and the
equipment shall be released within 8 hours.
7. Custody - When the operator is hired as an EFF, the apparatus remains in Forestry custody and control during the period of
use. When the operator remains an employee of the Cooperator, the apparatus remains in operator custody and control.
8. Servicing and Reoairs - The Cooperator is responsible for the cost of all servicing, except when Forestry assumes responsibility
for partial or total servicing on an incident, or when the apparatus is operating in the Cooperator Discretionary Response Area. The
term servicing shall include providing and maintaining the apparatus with fuel, oil, lubricants, filters, and other operating supplies
to maintain the apparatus in a safe operating condition. It is the responsibility of the operator to determine that the fuel used is the
proper fuel for the apparatus.
Apparatus famished by the Cooperator must have enough time remaining on its scheduled maintenance program to accomplish
the anticipated length of hire. Forestry may, at its option, elect to do maintenance and make repairs when necessary to keep the
apparatus operating. The cost of such maintenance and repairs, if due to normal wear and tear, will be deducted from payment to
the Cooperator.
Form 10-2197b (March/98) page 1 of 2
9. Li�•nCesa^
d Permiu _ the Cooperator is responsible for obtaining at their own expense, carrying a copy of, and showing proof
at the rime of hire, all necessary licenses and permits required by state and federal law and regulations. This includes ceases
and permits required for the operator(s).
10. Tools Spares and Accessories - The operator is responsible at all times for tools, spares, and accessories belonging to the
Cooperator and shall secure them in the apparatus, if possible. Items which cannot be so secured may be placed in a Forestry
designated storage area, if available.
The cooperator agrees to furnish firefighting apparatus with the minimum equipment specified in the latest version of the
Cooperator Apparatus Typing and Rate Guidelines for Wildland Fire Suppression Activities, and any other equipment specified
in the Annual Operating Agreement.
11. AonaraRs Lo s Dan+?v ^r Destruction. Forestry will reimburse the Cooperator for the costs of loss, physical damage or
destruction to apparatus, other than normal wear and tear, arising from the fault of Forestry. Forestry's liability is limited to the
lessor of the actual repair costs or agreed upon value. Forestry is not responsible for indirect damages such as loss of nue or lost
profits.
12.a .«^r �c far A*+^a*d^a hts - Apparatus must have the following: Seat belts for all occupants; three emergency reflectors; one
5-1b. functional ABC -type fire extinguisher; and any additional accessories as specified in the Annual Operating Plan.
13. "`Cara Be
and d inti - If a Forestry subsisted incident camp is established, meals and bedding for operator(s) will be famished
without additional charge.
use of
14. T'" a Reeoine - Apparatus time win
be recorded by a Forestry Form 29agent or responsible for orae ing and/orTimwill di recorded as follows:
each
of apparatus on an Emergency Equipment Shift Ticket, Optional
a. Hourly rate - nearest quarter hour.
b. Daily rate - by calendar day except for first and last day, which will be recorded to nearest quarter hour.
n,. "t� and Down Tune -Rates of Payments -Payment will be at rates specified on the Emergency Equipment Rental
Pa,. e
15.
ontained in the latest version of the Cooperator Apparatus Typing an
Agreement, Form 10-2193, and will not exceed the rates c
Rate Guidelines for Wildland Fire Suppression Activities.
a. On the first and last day of hire or assignment, the Cooperator shall be Paid at the hourly rate specified in column this
h 13, for
every hour on -shift. If either the equipment or operator is inoperable or unavailable during an on -shift period
.be considered dawn -time, and payment will not accrue.ified in
b.' On days of hire or assignment between the first and last day, the Cooperator shall be paid at the daily rate spec
column 13. If either the equipment or operator is inoperable or unavailable during a scheduled shift, the following
payment deduction for that day's payment applies: zero to two hours down time, 100 per cent of the daily rate is paid;
two to six hours down time, 75 per cent of the daily rate is paid; six to ten hours down time, 50 per cent of the daily rate
is paid; ten to fourteen hours of down time, 25 per cent of the daily rate is paid; over fourteen hours of down time, 0 per
cent of the daily rate is paid
c. All rates apply as specified above for apparatus, e a rept in those
rate payment settlement with it ect cause of t a apparatus
will
negotiate
down time. in such case, Forestry g
16. Insurance - In the case of the Cooperator's operator being hired by the State as an EFF, the State covers Worker's
Compensation and potential liability based on apparatus operations in response to and operation on a wildland fire.
and maintain
In the case of the Cooperators operator remaining an employee of the Cooperator, the Cooperator must carry
motor vehicle liability insurance as required by AS 28.22.01, and Worker's Compensation coverage as required by AS 23.30.045.
I cerci that I It ad and ee to the conditions of hire contained on this form.
Cooperator's/Author' ed Agent's Signature
Date
it F Ckic�
Printed Name and Title
R+�stde N-tyv- Dee+
page 2 of 2
Form 10-2197b (March/98)