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HomeMy WebLinkAboutAgenda Report - March 3, 2021 C-12C-/2 CITY OF LODI f COUNCIL COMMUNICATION TM AGENDA TITLE: Adopt Resolution Updating Portal -to -Portal Reimbursement for Office of Emergency Services Mutual Aid MEETING DATE: March 3, 2021 PREPARED BY: Interim Fire Chief RECOMMENDED ACTION: Adopt resolution updating portal-to-portal reimbursement for Office of Emergency Services mutual aid. BACKGROUND INFORMATION: The California Office of Emergency Services (Cal OES) serves as the broker between local government fire departments and the requesting State and federal agencies for mutual aid responses. Financial reimbursement for the local government fire department's mutual aid responses are set forth in the 2020 California Fire Assistance Agreement (CFAA). The 2020 CFAA requires participating fire departments to have a Memorandum of Understanding (MOU) on file internally that describes the wages and benefits of all employee classifications that will respond to a mutual aid incident. The Lodi Fire Department has an MOU on file for its respective labor groups. Additionally, agencies are required to have resolutions on file that states that fire department personnel are paid for all hours, commonly referred to as portal-to-portal, and that our reimbursement procedures are in accordance to the 2020 CFAA. Adoption of this resolution will ensure our ability to recover costs related to mutual aid responses. The Lodi Fire Department adheres to the California Fire Assistance Agreement (CFAA) for reimbursement of out -of -county mutual aid responses. The CFAA has been revised with a new agreement being implemented in advance of the 2020 fire season. The CFAA establishes new requirements to ensure adequate reimbursement for mutual aid responses. Adoption of this resolution is necessary to maintain compliance with the 2020 CFAA and to ensure that the City receives compensation for actual hours worked from the time of departure through time returned to the official duty station. The elected bodies of all California fire agencies that participate in out -of -county mutual aid are compelled to adopt resolutions in order to ensure proper payment. With increasing frequency, the State of California Fire Department, known as Cal Fire, and the U.S. Forest Service continue to depend on local government resources to assist with large- scale wildland fires. Additionally, as California's growing population continues to expand into the wildland areas, urban interface fire activity is expected to increase in frequency and severity. The Lodi Fire Department is a signatory contractor for Cal OES. Cal OES has assigned a fire engine to the City in the event of a major incident. Fire Department personnel are trained to respond to these types of emergencies statewide. Cal OES allows the Fire Department to utilize this equipment within the City when conducting drills, or during an emergency, both of which are Adopt Resolution Implementing Portal -to -Portal Reimbursement for Office of Emergency Services Mutual Aid March 3, 2021 Page 2 great resources and provide an additional service to our community. The Fire Department has been compensated for Cal OES responses away from its normal duty station, from the time of departure, until our arrival back at our regularly assigned duty station. This entire cost is reimbursed by Cal OES under the CFAA. When the Fire Department assigns personnel to a Cal OES incident, the Fire Department immediately calls off-duty firefighters to fill the voids and maintain the required staffing to serve the City of Lodi. The passage of the proposed resolution confirms past practices and provides the required documentation under the CFAA to ensure the Fire Department is properly reimbursed portal-to-portal_ This agreement is required to be updated whenever the CFAA agreement is renewed. FISCAL IMPACT: Portal-to-portal payment under the CFAA fully compensates the City for the cost of providing resources while crews are deployed. FUNDING AVAILABLE: Compensation associated to the CFAA for out -of -county mutual aid responses are credited to the Strike Team Operations (10041100). Andrew Keys Andrew Keys, Deputy City Manager/Intemal Services Director Ron Penix (Feb 17,202106:5i PST) Ron Penix Interim Fire Chief Attachments Exhibit A — 2020 CFAA Agreement Exhibit A Cal OES# 6143-2019 CAL FIRE# 7CA004953 USFS# 20 -FI -11052012-147 NPS# P20AC00506 BLM# BLM CFPA CA915-2004 F&WS# FFo8F00000-D-Joo1 BIA# A20ACPROOI AGREEMENT FOR LOCAL GOVERNMENT FIRE AND EMERGENCY ASSISTANCE TO THE STATE OF CALIFORNIA AND FEDERAL FIRE AGENCIES Between STATE OF CALIFORNIA, GOVERNOR'S OFFICE OF EMERGENCY SERVICES; STATE OF CALIFORNIA, DEPARTMENT OF FORESTRY AND FIRE PROTECTION; USDA FOREST SERVICE, PACIFIC SOUTHWEST REGION; USDI BUREAU OF LAND MANAGEMENT, CALIFORNIA STATE OFFICE, INTERIOR REGIONS 8 and 10; USDI NATIONAL PARK SERVICE, INTERIOR REGIONS 8, 9, 10, and 12; USDI FISH AND WILDLIFE SERVICE, INTERIOR REGIONS 8 and 10; and USDI BUREAU OF INDIAN AFFAIRS, PACIFIC REGION THIS AGREEMENT made and entered into on last date signed by and between the State ofCalifornia, Governor's Office of Emergency Services, hereinafter referred to as Cal OES; the State of California, Department of Forestry and Fire Protection, hereinafter referred to as CAL FIRE; the USDA Forest Service, Pacific Southwest Region; the USDI Bureau of Land Management (BLM), California State Office, Interior Regions 8 and 10; the USDI National Park Service (NPS), Interior Regions 8, 9, 10, and 12; USDI Fish and Wildlife Service (FWS), Regions 8 and 10, and USDI Bureau of Indian Affairs (BIA), Pacific Region, hereinafter referred to as the Federal Fire Agencies; all parties hereinafter referred to as Cal OES, CAL FIRE, and the Federal Fire Agencies, under the provisions of the Reciprocal Fire Protection Act, 42 USC 1856 and 1856a, the Disaster Relief Act of 1974, PL 93-288, as amended, and The Federal Land Policy and Management Act of 1996, (PL 94-579, Sec, 307(b)). NAME This Agreement shall be entitled "Agreement for Local Government Fire and Emergency Assistance to the State of California and Federal Fire Agencies", hereinafter referred to as the California Fire Assistance Agreement, CFAA, or The Agreement. RECITALS The Federal Fire Agencies are responsible for providing a level of wildland fire protection for federal lands, as designated by Congressional action and Federal policy; and 2. CAL FIRE 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 Page 1 Agreement Between Cal OES/CAL FIRE/USFS/BLM/NPS/FWS/BIA May 1, 2020 Cal OES# 6143-2019 CAL FIRE# 7CA004953 USFS# 20 -FI -11052012-147 NPS# P20AC00506 BLM# BLM CFPA CA915-2004 F&WS# FFo8F00000-D-Jool BIA# A20ACPROOI 3. For efficiency and effectiveness, CAL FIRE and the Federal Fire Agencies may exchange wildland fire protection areas responsibilities with the understanding that Local Responsibility Area lands are not part of this Agreement or included in the exchange; and 4. Cal OES 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 the responding agencies understand and comply with the terms and conditions of the Agreement applicable to their response; and 5. Cal OES, CAL FIRE, the Federal Fire Agencies, and local agencies, at times of severe wildfire conditions and other emergencies, often have need of emergency apparatus and/or personnel to provide fire protection or perform other tasks during control actions; and 6. Cal OES, through the California Fire and Rescue Mutual Aid System, has such emergency apparatus and personnel, which may be available in the spirit of cooperation for dispatch and use; and 7. It is desirable that Cal OES, CAL FIRE, and the Federal Fire Agencies establish and enter into an Agreement for the prudent use of such emergency apparatus and personnel; and Cal OES, CAL FIRE, and the Federal Fire Agencies will generally use the Agreement 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. Cal OES may use the Agreement to mobilize all -hazard resources when warranted by its authority; and 10. Cal OES and the Federal Fire Agencies will use the Agreement to order the appropriate aviation resources when a mobilization cannot be executed through a local unit agreement; and 11. The Agreement may be used to reimburse rostered California Interagency Incident Management Team members (CIIMT); and 12. Cal OES, CAL FIRE, and the Federal Fire Agencies shall use this Agreement for reimbursing local government agencies for the use of their resources. Annual operating plans may be utilized at the local level to facilitate administrative andoperational issues; and 13. When this Agreement is exercised to obtain Cal OES resources and/or resources through the California Fire and Rescue Mutual Aid System, those resources will be reimbursed pursuantto this Agreement; and 14. When ordering local agency apparatus and personnel in Recital 5 of this Agreement from other local agencies through the California Fire and Rescue Mutual Aid System, a local agency may utilize this Agreement as the fiscal authority for reimbursing other local agencies; and Page 2 Agreement Between Cal OES/CAL FIRE/USFS/BLM/NPS/FWS/BIA May 1, 2020 Cal OES# 6143-2019 CAL FIRE# 7CA004953 USFS# 20 -FI -11052012-147 NPS# P20AC00506 BLM# BLM CFPA CA915-2004 F&WS# FFo8F00000-D-Joo1 BIA# A20ACPROOI 15. Responsibility for determining the basis for requesting assistance through this Agreement rests with the Incident Commander or through the Emergency Command Center. The Incident Commander is responsible for all assignments and tactical decisions for resources obtained through this Agreement. 16. Agreement Committee 16.1 California Fire Assistance Agreement Committee. A California Fire Assistance Agreement Committee (the `Committee') shall be formed by Cal OES for the purpose of negotiating the terms of the CFAA, and for maintenance of the Agreement. For the purposes of coordination, Cal OES Fire and Rescue Division's State Fire and Rescue Chief, or the Chief s designee, shall serve as the Chairperson. 16.2 Composition of the Committee. The Committee shall consist of representatives from Cal OES, CAL FIRE, the Federal Fire Agencies, and three advisory representatives from local government fire agencies in California: one from Northern California, one from Southern California, and one representing volunteer fire departments. The local government agency representatives shall be appointed by the Chairperson of the State of California Fire and Rescue Advisory Committee/FIRESCOPE, Board of Directors. 16.3 Committee Meetings. The Committee will meet quarterly via conference call, video conferencing, or in person. 16.4 Rate Letter. The Committee will meet at a minimum in person once a year (January) to establish the Base Administrative Rate, Personnel Base Rates, and Equipment Rates to become effective upon publication of the "Agreement for Local Government Fire and Emergency Assistance to the State of California and Federal Fire Agencies Rate Letter" (Rate Letter) each year. These rates will be published annually by Cal OES Fire and Rescue Division in a Rate Letter. The Committee will review the Salary Rates and Administrative Rates on file with Cal OES Fire and Rescue Division, as well as negotiate procedural changes. The Salary Rates and Administrative Rates, are subject to change throughout the year due to labor negotiations, cost of living increases, etc. After the annual or emergency exhibit review by the Committee, Cal OES will publish annually rates, formulas, and methodologies in the Rate Letter. Rates will become effective on the date(s) provided in the Rate Letter. In addition, Cal OES will provide a copy of the Rate Letter directly to each signatory agency's point of contact. 16.5 Changes to Equipment Rates. Cal OES will monitor and track the Federal Emergency Management Agency (FEMA) Schedule of Equipment Rates. If a change in schedule occurs after the publication of the most recent Rate Letter, the Committee will conduct a meeting to formally discuss the new rates, and determine if they are valid for a revised Rate Letter publication. Cal OES will forward the revised rates to the signatory agencies for a two-week review. Once the Page 3 Agreement Between Cal OES/CAL FIRE/USFS/BLM/NPS/FWS/BIA May 1, 2020 Cal OES# 6143-2019 CAL FIRE# 7CA004953 USFS# 20 -FI -11052012-147 NPS# P20AC00506 BLM# BLM CFPA CA915-2004 F&WS# FFo8F00000-D-Jool BIA# A20ACPROOI review process is complete, and the rates approved by the Committee, Cal OES will publish a revised Rate Letter to the California Fire and Rescue Mutual Aid System Agencies. 16.6 Meetings to re -negotiate the Agreement. It is recommended the Committee schedule meetings to begin no later than fifteen (15) months before the expiration date of the CFAA for the purpose of re -negotiation, as well as 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 Agreement. THEREFORE, it is agreed as follows: TERMS AND CONDITIONS CFAA Exhibits and Amendments to Exhibits 17. The parties agree the Committee will, by no later than March 30th of each year, recommend amendments to the incorporated exhibits. The parties agree to cooperate in good faith to consider and agree to any amendments by April 15th of each year. A party requesting to amend the exhibit(s) to the CFAA after March 30th will notify Cal OES. The Committee will meet as soon as practicable to discuss the request and make any recommendation to the parties regarding the requested amendment. The Committee will notify the parties of any recommended amendments, and if agreeable to the parties, the parties will amend the exhibits to reflect the changes no later than fifteen (15) days after the Committee's recommendation. Subject to the requirements in Recital 18, the parties acknowledge that amendments may be required under emergency circumstances, and that the parties may make any required amendments using any reasonable means of negotiating and agreeing to amendments under emergency circumstances. The Committee will provide recommended amendments in two formats: 1. A copy of the proposed amended exhibit(s) reflecting additions, and proposed deletions in track changes or similar format so that additions are displayed in underline and deletions are displayed with strikethrough. 2. A copy of the proposed amended exhibit(s) without track changes or similar format, which will represent the final version of the amended exhibit if the parties agree to the changes. Page 4 Agreement Between Cal OES/CAL FIRE/USFS/BLM/NPS/FWS/BIA May 1, 2020 Cal OES# 6143-2019 CAL FIRE# 7CA004953 USFS# 20 -FI -11052012-147 NPS# P20AC00506 BLM# BLM CFPA CA915-2004 F&WS# FFo8F00000-D-Joo1 BIA# A20ACPROOI Incorporation of Exhibits and Amended Exhibits 18. All exhibits to the CFAA are incorporated into the CFAA. Amendments to exhibits will be made by addendum to the CFAA. The addendum will be signed by each party, and will include a list of exhibit(s) and revision date of the exhibit(s), a statement that the parties agree to adopt the changes reflected in the proposed amended exhibit(s) attached to the addendum, and an effective date. The addendum will also include, as attachments to the addendum, the proposed amended exhibit(s) in track changes or similar format. Amendments to exhibits will be adopted upon all parties signing the addendum and immediately incorporated into the CFAA. The exhibits to the CFAA will thereafter be updated to reflect any changes effectuated by the approved addendum. Requests for and Release of Emergency Apparatus and Personnel 19. Under this Agreement, Cal OES, CAL FIRE, the Federal Fire Agencies, and local agencies may request emergency apparatus and personnel from the California Fire and Rescue Mutual Aid System. Resources ordered pursuant to this Agreement will be processed through the California Fire and Rescue Mutual Aid System. Cal OES will fill these orders by following the procedures set forth in the California Fire Service and Rescue Emergency Mutual Aid Plan. 20. Cal OES, CAL FIRE, and the Federal Fire Agencies will use the current resource order form of record for all requests. Cal OES, CAL FIRE, and the Federal Fire Agencies shall not be responsible for any emergency apparatus and personnel not confirmed by their respective order and request number(s). Cal OES, CAL FIRE, and the Federal Fire Agencies are responsible for documenting within the request that the resources are being ordered under this Agreement. 21. Cal OES, CAL FIRE, the Federal Fire Agencies, and local agencies' release or reassignment of emergency apparatus used pursuant to this Agreement will be coordinated through the on -scene Cal OES Fire and Rescue Chief Officer, the local jurisdiction agency representative, or their authorized representative. The Cal OES Chief Officer, or representative, will ensure the inspection and inventory of such emergency apparatus prior to the release to its home base in accordance with incident -established inspection and demobilization procedures. Protective Clothing and Equipment 22. It shall be the responsibility of the jurisdiction sending emergency personnel to ensure that such personnel are provided protective clothing and equipment as required by the most current version of the rules found in California Code of Regulations, Title 8, Section 3410, Article 10. 1, Section 3401, et seq. Emergency Apparatus 23. Emergency apparatus shall meet minimum FIRESCOPE ICS type standards, when applicable. Page 5 Agreement Between Cal OES/CAL FIRE/USFS/BLM/NPS/FWS/BIA May 1, 2020 Cal OES# 6143-2019 CAL FIRE# 7CA004953 USFS# 20 -FI -11052012-147 NPS# P20AC00506 BLM# BLM CFPA CA915-2004 F&WS# FFo8F00000-D-Joo1 BIA# A20ACPROOI Communications Capabilities 24. Operational Equipment and Operational Personnel. It shall be the responsibility of the jurisdiction sending resources to ensure adequate communications capability. Adequate communications capability is identified and defined in the Statewide FIRESCOPE Frequency Plan. Reimbursement Procedures 25. Provisions and procedures for reimbursement by Cal OES, CAL FIRE, and the Federal Fire Agencies for fire and emergency assistance are defined in Exhibit "A", Reimbursement Policy and Procedures. CAL FIRE and the Federal Fire Agencies will provide Cal OES Fire and Rescue Division with current billing addresses. Reimbursement for personnel on Cal OES-owned emergency apparatus shall be to local jurisdictions that provide such personnel by apparatus assignee Agreement with Cal OES. 26. It is the goal of Cal OES, CAL FIRE, and the Federal Fire Agencies to establish a systemthat supports the electronic processing of salary surveys, invoices, and other pertinent documents. Reimbursement for Emergency Apparatus Loss or Damage 27. Cal OES, CAL FIRE, and the Federal Fire Agencies will reimburse California Fire and Rescue Mutual Aid System Agencies providing resources through the California Fire and Rescue Mutual Aid System for the cost of emergency apparatus or equipment loss or damage where the loss or damage is determined to be directly attributable to the incident, and where the local agency, its employees, and/or operational 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 equipment while traveling from the home unit to the incident or from an incident to the home unit, and repairs due to normal wear and tear or due to negligent or unlawful operation by the operator, shall be the responsibility of the local agency providing the emergency apparatus or support equipment. Loss or damage to local 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. Limitation of Liability 28. Each party waives claims against every other party pursuant to the requirements of United States Code, title 42, section 1856a, subdivision (a), which provides: "Each agency head charged with the duty of providing fire protection for any property of the United States is authorized to enter into a reciprocal agreement, with any fire organization maintaining fire protection facilities in the vicinity of such property, for mutual aid in furnishing fire protection for such property and for other property for which such organization normally provides fire protection. Each such Page 6 Agreement Between Cal OES/CAL FIRE/USFS/BLM/NPS/FWS/BIA May 1, 2020 Cal OES# 6143-2019 CAL FIRE# 7CA004953 USFS# 20 -FI -11052012-147 NPS# P20AC00506 BLM# BLM CFPA CA915-2004 F&WS# FFo8F00000-D-Joo1 BIA# A20ACPROOI agreement shall include a waiver by each party of all claims against every other party for compensation for any loss, damage, personal injury, or death occurring in consequence of the performance of such agreement. Any such agreement may provide for the reimbursement of any party for all or any part of the cost incurred by such party in furnishing fire protection for or on behalf of any other party." The parties agree the waivers provided in this provision do not apply to any reimbursement provisions pursuant to the terms and conditions of the CFAA, including invoice reimbursement disputes and reimbursement for emergency apparatus loss or damage pursuant to Recital 27 of the CFAA. Third Party Tort Claims 29. Nothing in this Agreement shall be deemed to create an employee/employer relationship between the parties. All third -party claims against the parties shall be adjudicated pursuant to the applicable tort claims acts and should be referred to the agency or agencies whose employees were involved in the incident. Agency points of contact for third -party claims are as follows: State of California claims: Victim Compensation and Government Claims Board 630 "K" Street Sacramento, CA 95814 U.S. Forest Service claims: U.S. Forest Service Albuquerque Service Center Claims Management 101B Sun Ave. NE Albuquerque, NM 87109 National Park Service claims: National Park Service Fire Management Office 333 Bush St., Suite 500 San Francisco, CA 94104 Bureau of Land Management claims: Bureau of Land Management Fire and Aviation Office 2800 Cottage Way, Room W-1623 Sacramento, CA 95825 Fish and Wildlife Service claims: Fish and Wildlife Service Pacific Southwest Region 2800 Cottage Way, Room W-1834 Sacramento, CA 95825 Page 7 Agreement Between Cal OES/CAL FIRE/USFS/BLM/NPS/FWS/BIA May 1, 2020 Cal OES# 6143-2019 CAL FIRE# 7CA004953 USFS# 20 -FI -11052012-147 NPS# P20AC00506 BLM# BLM CFPA CA915-2004 F&WS# FFo8F00000-D-Joo1 BIA# A20ACPROOI Bureau of Indian Affairs claims: Bureau of Indian Affairs Branch of Fire and Aviation Management 2800 Cottage Way, Room W-2820 Sacramento, CA 95825 Reimbursement Dispute Resolution 30. Paying entities shall provide written notice of reimbursement denials to the CFAA Chairperson, or their designee, within thirty (30) business days of receipt of the invoice. The CFAA Chairperson, or their designee, shall notify the local agency of the denial within ten (10) business days. All parties shall work with the CFAA Chairperson, or their designee, to attempt to informally resolve reimbursement disputes in good faith. If the dispute cannot be resolved, the local agency shall have thirty (30) business days from the date of the notice of denial to provide a written appeal to the CFAA Chairperson, or their designee. The CFAA chairperson, or their designee, will evaluate the appeal and make a determination regarding whether to present the appeal to the Committee within thirty (30) business days. The written appeal shall include all facts and documentation supporting the disputing party's position and dollar amount claimed, the reason for denial by the signatory agency, and the provision(s) of the Agreement the local agency believes supports their position in the dispute. The Committee shall review the appeal and make a recommendation to the paying entity within thirty (30) business days of receiving the appeal. The CFAA Chairperson, or their designee, shall provide written notice of the paying entities determination to all parties. Other Disputes 31. The parties acknowledge that disputes may arise in the interpretation or application of the provisions of the CFAA. The parties agree to cooperate in good faith to resolve disputes informally. If a dispute is not resolved informally, a party may submit a written notice of dispute to the CFAA Chairperson, or their designee, and the responding party designated contact. The written notice must include: 1. An explanation of the reasons for the dispute, including relevant facts; and 2. Citation to the relevant provision(s) of the Agreement; and 3. Copies of supporting documents, if any; and 4. The desired outcome or remedy sought from the responding party. The Committee will meet with the parties within thirty (30) business days of the date the responding party receives the dispute from the CFAA Chairperson, or their designee, at which time the responding party will have the opportunity to present counter arguments. The Committee Page 8 Agreement Between Cal OES/CAL FIRE/USFS/BLM/NPS/FWS/BIA May 1, 2020 Cal OES# 6143-2019 CAL FIRE# 7CA004953 USFS# 20 -FI -11052012-147 NPS# P20AC00506 BLM# BLM CFPA CA915-2004 F&WS# FFo8F00000-D-Joo1 BIA# A20ACPROOI will provide a written response to both parties within thirty (30) business days of the date upon which the meeting is held. The written response will either grant the requested remedy or outcome, or deny part or all of the requested outcome. Performance under this Agreement shall continue during each phase of this dispute resolution process. Examination and Audit 32. California Fire and Rescue Mutual Aid System Agencies and Cal OES shall be subject to examination and audit for five (5) years after the final payment under the terms of this Agreement. Examination and audit shall be confined to those matters connected with the performance ofthis Agreement including, but not limited, to the cost of administration. All source documentation related to rates and methodologies must be kept for five (5) years after the final payment and will be made available upon request of an examination or audit. Appropriated Fund Limitation 33. Nothing herein shall be interpreted as obligating any parties herein to expend funds, or as involving the United States or the State of California in any contract or other obligation forthe future payment of money in excess of appropriations authorized by law and administratively allocated for the work contemplated in this Agreement. Officials Not To Benefit 34. 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 general benefit. Civil Rights and Nondiscrimination 35. All activities pursuant to this Agreement shall be in compliance with all Federal laws and regulations relating to nondiscrimination. These include, but are not limited to: Executive Order 11246, as amended; Title VI of the Civil Rights Act of 1964, as amended, (78 Stat. 252; 42 U.S.C. §§2000d et seq.); Title V, Section 504 of the Rehabilitation Act of 1973, as amended, (87 Stat. 394; 29 U.S.C. §794); the Age Discrimination Act of 1975 (89 Stat. 728; 42 U.S.C. §§6101 et seq.). Previous Agreements Cancelled 36. This Agreement supersedes the Agreement entered into on January 1, 2015, and as extended (Cal EMA# 6022-9, CAL FIRE# 7CA00236, USFS# 09 -FI -11052012-150, NPS# H807507003, BLM# BAA081002, F&WS# 802233-9-J001, BIA# AGP000768), between the State of California, Page 9 Agreement Between Cal OES/CAL FIRE/USFS/BLM/NPS/FWS/BIA May 1, 2020 Cal OES# 6143-2019 CAL FIRE# 7CA004953 USFS# 20 -FI -11052012-147 NPS# P20AC00506 BLM# BLM CFPA CA915-2004 F&WS# FFo8F00000-D-Joo1 BIA# A20ACPROOI Emergency Management Agency; State of California, Department of Forestry and Fire Protection; USDA Forest Service, Pacific Southwest Region; USDI Bureau of Land Management, California State Office; USDI National Park Service, Interior Regions 8, 9, 10, and 12; USDI Fish and Wildlife Service, Pacific Southwest Region; and USDI Bureau of Indian Affairs, Pacific Region. Amendments 37. The Agreement may only be amended by written mutual consent of the parties hereto. Effective Date and Termination 38. The parties herein agree to honor the terms and conditions commencing on the date of the last signature and is effective through December 31, 2024. The expiration date is the final date for completion of all work activities under this Agreement. Any party may withdraw from the Agreement upon thirty (30) day written notice to all other parties. Delegations of Authority 39. Each party may provide Cal OES a delegation of authority, signed by the party, that designates each person authorized to act on the party's behalf. The designation will include the effective date, name, title, contact information, and scope of delegated authority to act on behalf of the party. Unless otherwise stated in the delegation of authority, a person designated by a party has the same authority as a principal of a party, including the power to enter into contracts on behalf of the party and to bind the party. The parties authorize Cal OES to make any necessary updates to the contact information in the CFAA to reflect current delegations of authority, and that such nonmaterial changes to the CFAA are authorized without amendment. Multiple Signature Pages 40. The parties agree to accept multiple signature pages. Electronic Signatures and Counterparts 41. Parties may submit executed documents electronically, and electronically -delivered signatures of the parties are deemed to constitute duplicate originals. The CFAA and any amendments may be executed in two or more counterparts, each of which will be an original and all of which will constitute a part of the CFAA. Page 10 Agreement Between Cal OES/CAL FIRE/USFS/BLM/NPS/FWS/BIA May 1, 2020 Cal OES# 6143-2019 CAL FIRE# 7CA004953 USFS# 20 -FI -11052012-147 NPS# P20AC00506 BLM# BLM CFPA CA915-2004 F&WS# FFo8F00000-D-Joo1 BIA# A20ACPROOI IN WITNESS WHEREOF, the parties hereto have executed this Agreement: DIRECTOR DIRECTOR STATE OF CALIFORNIA STATE OF CALIFORNIA. GOVERNOR'S OFFICE OF DEPARTMENT OF FORESTRY AND jqvffiRGENCY SERVICES U/j 9&47�1_ By: Mark S. Ghilarducci Director Date: "(, 2-1 RL:GIONAI. FORESTER (1-l" DA FORE ST SI RVICI P CII'IC SOU 111WI ST REGION By, Raiidy lkloore Re4�ior�al Forester Date:, DEPUTY REGIONAL DIRECTOR USDI NATIONAL PARD SERVICE INTERIOR REGIONS S, 9, 10, and 12 RANDOLPH� LAVASSEUR �V�uR CwY. 1PA UI 29 iQ41bp -V9V By: Randolph Gavasseur Deputy Regional Director Date= 04.29.2020 REGIONAL DIRECTOR USDI FISH AND WILDLIFE SERVIC PA UTHWES'TREGION D Srauz Regional Director Date: FIRE PROTECTION y: Thomas W. Porter Director Date: P,Zozo CALIFORNIA STATE DIRECTOR USDI BUREAU OF LAND MANAGEMENT CALIFORNIA STATE OFFICE KAREN Digitally signed by KAREN MODRTSEN MOURITSEN Date: 2020.04.2911:56,00-07'00' By: Daren E. Mouritsen Cali.foiYua State Director Date: REGIONAL DIRECTOR USDI BUREAU OF INDIAN AFFAIRS PACIFIC REGIONAL OFFICE AMY DUTSCHKE ���p� *14'�Z -0;5 By: Amy Dutschke Regional Director Date: Page 11 Agreement Between Cal OES/CAL FIRE/USFS/BLM/NPS/FWS/BIA May 1, 2020 Cal OES# 6143-2019 CAL FIRE# 7CA004953 USFS# 20 -FI -11052012-147 NPS# P20AC00506 BLM# BLM CFPA CA915-2004 F&WS# FFo8F00000-D-Joo1 BIA# A20ACPROOI llaky1=9 The authority and format of this instrument has been reviewed and approved for signature by the following individuals: CONTRACTING OFFICER USDI BUREAU OF LAND MANAGEMENT CALIFORNIA STATE OFFICE Digitally signed byTRACI TRACI THALER_Dat`ER�� :24 By: Traci D. Thal r -07'00• Contracting Officer Date: April 28. 2020 CONTRACTING OFFICER USDI NATIONAL PARK SERVICE lly signed by L I L E TT E LDI LETTE BALTODANO BALTODAN0 Date: 21120.0429 10:33:07 -07'110' By: Lilette J. Baltodano Contracting Officer Date: 4/2812020 CONTRACTING OFFICER USDI BUREAU OF INDIAN AFFAIRS PACIFIC REGIONAL OFFICE JODI Digitally signed byJODI ZACHARY ZACHARY Date; 020.04.301469:46 -07'By: Jodi Zachary Contracting Officer Date: 4/30/2020 CONTRACTING OFFICER U SDI FI I AND WILDLIFE SERVICE P C SOUTH ST LEGION -ISI By. Frank Lee Contracting Officer Date: Page 12 Agreement Between Cal OES/CAL FIRE/USFS/BLM/NPS/FWS/BIA May 1, 2020 Cal OES# 6143-2019 CAL FIRE# 7CA004953 USFS# 20 -FI -11052012-147 NPS# P20AC00506 BLM# BLM CFPA CA915-2004 F&WS# FFo8F00000-D-Joo1 BIA# A20ACPROOI EXHIBIT "A" REIMBURSEMENT POLICY AND PROCEDURES GENERAL A-1 It is the intent of the signatories to the CFAA to reimburse California Fire and Rescue Mutual Aid System Agencies, including accrued financial liability for the cost of assisting the State of California and the Federal Fire Agencies. The rates, methodologies, and formulas in the Agreement are intended to provide for such costs. The reimbursement shall be consistent with the California Fire and Rescue Mutual Aid System Agency's normal internal business practices and any existing Memorandum of Understanding (MOU)/Memorandum of Agreement (MOA), Governing Body Resolution (GBR), or equivalent, which supports those business practices. A-2 The California Fire and Rescue Mutual 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 OES and shall not be subject to interpretation or rejection by the jurisdiction providing assistance. See Clause A-41 for procedures that do not apply or are applicable to State Agency Fire Departments, Department of Defense Fire Departments (DOD), or Tribal Fire Departments. A-3 California Fire and Rescue Mutual Aid System Agencies that provide their personnel and equipment to the State of California or the Federal Fire Agencies through the California Fire and Rescue Mutual Aid System and this Agreement, do so on a voluntary basis, and accept the following provisions for reimbursement. A-4 It is understood and agreed that a California Fire and Rescue Mutual Aid System Agency providing personnel or California Fire and Rescue Mutual Aid System Agency -owned emergency apparatus shall obtain reimbursement for such response by billing the ordering entity (either the State of California or Federal Fire Agency) through the Cal OES invoicing process in accordance with this Exhibit. A-5 Reimbursement for personnel and emergency apparatus will begin after the 12th hour, with the exception of aircraft which will be billed from the time of dispatch. There shall be no reimbursement for responses of 12 hours duration or less with the exception of the Department of Interior (DOI) fire agencies (BLM, NPS, FWS, and BIA). DOI reimbursement for personnel and emergency apparatus will begin after the 4th hour. If the duration of the response exceeds 12 hours (4 hours for DOI) and local agencies have an existing MOU/MOA, GBR, or equivalent that indicates compensation for all hours worked, reimbursement for personnel and emergency apparatus shall cover the entire time of commitment, beginning at the time of initial dispatch from Page A-1 Agreement Between Cal OES/CAL FIRE/USFSBLM/NPS/FWS/BIA May 1, 2020 Cal OES# 6143-2019 CAL FIRE# 7CA004953 USFS# 20 -FI -11052012-147 NPS# P20AC00506 BLM# BLM CFPA CA915-2004 F&WS# FFo8F00000-D-Joo1 BIA# A20ACPROOI home base, to the time of return to home base (portal to portal). If local agencies do not have an existing MOU/MOA, GBR, or equivalent that indicates compensation for all hours worked, local agencies will be reimbursed for actual hours worked. 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 personnel or emergency apparatus from its home base. Additionally, as the 12 hour period (4 hours for DOI) stated above is cumulative, responding personnel and/or emergency apparatus shall only be subject to one 12 hour period (4 hours for DOI) from the original time of dispatch, regardless of the number of re -assignments that may occur prior to returning to their home base. A-6 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 reimburse resources under the California Fire Assistance Agreement. In these cases, MMA resources will be released by the responsible agency and reordered by the State of California and/or the Federal Fire Agencies through the CFAA. For resources that have been on the same incident for more than 12 hours (4 hours for DOI), 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 (4 hours for DOI) or less will have their time applied to the California Fire Assistance Agreement 12 -hour (4 hours for DOI) minimum. After the 12 hours (4 hours for DOI) are completed, reimbursement will begin at the time the order under the California Fire Assistance Agreement was initiated. The 12 hour (4 hours for DOI) period shall be subject to annual review and monitoring by the California Fire Assistance Agreement Committee. A-7 Invoices will include an administrative rate as negotiated by the Committee. The Administrative Rate will be added to the total of the personnel, fire apparatus, support equipment, aircraft, and other approved reimbursements for local government. The de minimis Administrative Rate is set annually by the Committee per the rate letter published at the time of dispatch, unless the California Fire and Rescue Mutual Aid System Agency submits an agency -specific administrative rate in accordance with the Instructions for Completing Administrative Rate Calculations. Cal OES will issue these instructions annually along with the salary survey instructions. California Fire and Rescue Mutual Aid System Agencies that develop an Administrative Rate must review and update their rate by July 1 of each year. REIMBURSEMENT - PERSONNEL A-8 The Committee will establish a standard reimbursement formula for local agency personnel with Base Rates applicable to all jurisdictions. The default reimbursement will be at the Base Rate for actual hours worked on the incident. Agencies can be reimbursed at a rate that is higher than the Base Rate, and/or for more than actual hours worked (up to 24 hours per day), as follows: A-8.1 All agencies seeking reimbursement for its personnel must complete and sign the annual salary survey and file it with the Cal OES Fire and Rescue Division. The Authorized Representative will Page A-2 Agreement Between Cal OES/CAL FIRE/USFSBLM/NPS/FWS/BIA May 1, 2020 Cal OES# 6143-2019 CAL FIRE# 7CA004953 USFS# 20 -FI -11052012-147 NPS# P20AC00506 BLM# BLM CFPA CA915-2004 F&WS# FFo8F00000-D-Jool BIA# A20ACPRO0I provide certification through signature under penalty and perjury that the personnel wages are accurate and correct for each requested position. A-82 Any agency seeking reimbursement for its personnel for more than actual hours worked on the incident (portal-to-portal) must file an MOU/MOA, GBR, or equivalent with Cal OES Fire and Rescue Division. The MOU/MOA, GBR, or equivalent shall indicate how personnel will be compensated. Personnel must be physically present on the incident in order to receive portal to portal compensation, unless documented and approved by the paying agency. A-83 Any agency seeking reimbursement for its supplemental personnel will accept rates as outlined in NWCG#004-2009, Attachment D, https://www.nwcg_gov/sites/default/files/memos/eb-m-09- 004d_O.pdf, which states that supplemental personnel will be reimbursed using General Schedule tables with locality pay applied for actual hours worked. Reimbursement shall be in accordance with Clause A-17 through December 31St, 2020. A-9 The above required documentation for rates and hours shall be based on actual costs to the responding agency, and not contingent upon reimbursement from the State of California or Federal Fire Agencies at a rate that exceeds what the agency will pay its personnel. Reimbursements will be based on the salary survey and any applicable MOU/MOA, GBR, or equivalent that is on file at the time of the initial dispatch. Any MOU/MOA, GBR, or equivalent is reviewed by Cal OES and the Committee upon request. Local government will be formally notified of the determination. A-10 These formulas and rates of payment shall constitute full reimbursement for direct costs, including back fill to local jurisdictions relative to personnel provided. Liability for workers compensation claims and/or payment of unemployment benefits shall remain the responsibility of the responding local, state, federal, and tribal agencies that directly employ the personnel. All calculations shall be subject to audit by the State of California or the Federal Fire Agencies in accordance with Recital 32, Examination and Audit. A-10.1 California Fire and Rescue Mutual Aid System Agencies will be required upon request to provide Cal OES supportive documentation used to establish rates and method of pay. Cal OES will request yearly samples from selected agencies for review by Cal OES and the Committee. Upon request, the California Fire and Rescue Mutual Aid System Agencies will have thirty (30) calendar days to provide Cal OES with required information. This process does not supersede the Examination and Audit process as outlined in this Agreement. A-11 Reimbursement for the total hours worked shall be calculated up to the next quarter hour when total hours are fractional. A-12 Reimbursement shall be made only for such personnel that have been specifically requested or approved by the State of California or the Federal Fire Agencies. Any personnel not given an Page A-3 Agreement Between Cal OES/CAL FIRE/USFSBLM/NPS/FWS/BIA May 1, 2020 Cal OES# 6143-2019 CAL FIRE# 7CA004953 USFS# 20 -FI -11052012-147 NPS# P20AC00506 BLM# BLM CFPA CA915-2004 F&WS# FFo8F00000-D-Joo1 BIA# A20ACPROOI Order/Request number shall be considered a voluntary contribution from the responding agency and not subject to reimbursement. Formula for Personnel Reimbursement Using Base Rates A-13 California Fire and Rescue Mutual Aid System Agencies will submit a salary survey to 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 Force Leader Trainee level. Strike Team/Task Force/Unit Leader level or above personnel will be reimbursed at the established Overhead Base Rate. A-14 California Fire and Rescue Mutual Aid System Agencies that have not submitted a Salary Survey for rates above the established Base Rates will submit a salary survey to be reimbursed using one of the following formulas: The formula for the total invoice amount with an MOU/MOA, GBR, or equivalent for all hours (portal-to-portal) is: (B x H1) = Total Personnel Reimbursement The formula for the total invoice amount without an MOU/MOA, GBR, or equivalent for all hours (actual hours) is: (B x H2) = Total Personnel Reimbursement B = Base Rate H1 = All Hours (portal-to-portal) H2 = Actual Hours Worked The Established Base Rate (B) is based on the average of the CAL FIRE Fire Captain or Fire Apparatus Engineer base rates and the USDA Forest Service emergency hire rates for these positions applied to a 168 hour week, with 40 hours at straight -time and 128 hours at overtime. The total amount is then divided by 168 hours resulting in a blended rate. Formula for Establishing the Base Rates The following base rate formulas include an overtime component. Base Rate formula for Engine Company Personnel and Overhead at or below Strike Team/Task Force Leader Trainee (AD -F + CAL FIRE Fire Apparatus Engineer base rate) / 2 = Combined Rate, ((Combined Rate x 40 Hours Straight Time) + (Combined Rate x 128 Hours Overtime)) / 168 = Overtime Base Rate x.6667 = Straight Time Base Rate Page A-4 Agreement Between Cal OES/CAL FIRE/USFSBLM/NPS/FWS/BIA May 1, 2020 Cal OES# 6143-2019 CAL FIRE# 7CA004953 USFS# 20 -FI -11052012-147 NPS# P20AC00506 BLM# BLM CFPA CA915-2004 F&WS# FFo8F00000-D-Joo1 BIA# A20ACPROOI Numerical Calculation: 25.72 + 23.34 = 49.06 / 2 =24.53, ((24.53 x 40) + (24.53 x 1.5 x 128)) _ 5690.96/ 168 = $33.08 x.6667 = $22.58 Base Rate formula for Overhead at or above Strike Team Leader/Task Force Leader (AD -H + CAL FIRE Fire Captain base rate) / 2 = Combined Rate, ((Combined Rate x 40 Hours Straight Time) + (Combined Rate x 128 Hours Overtime)) / 168 — Overtime Base Rate x.6667 = Straight Time Base Rate Numerical Calculation: 31.44 + 27.52 = 58.96/ 2 =29.48, ((29.48 x 40) + (29.48 x 1.5 x 128)) _ 6839.36 / 168 = $40.71 x.6667 = $27.14 Definitions for abbreviations used in Base Rate Formula AD - Administratively Determined Pay Plan for Emergency Workers. Pay rates for emergency (casual) employees of the Federal Fire Agencies. AD F - The classification is Engine Boss. AD H - The classification is Strike Team Leader. CAL FIRE base Fire Captain and Fire Apparatus Engineer salary rates are converted to hourly rates. Formula for Suppression Personnel Reimbursement Using Salary Rates A-15 The California Fire and Rescue Mutual Aid System Agencies may submit a salary survey with the agency's established salary rates to Cal OES Fire and Rescue Division for any personnel dispatched to an incident. The personnel who are dispatched to an incident will first be classified and reimbursed as described in Clauses A-15.1 through A-15.3. The submission of salary rates shall be on file with Cal OES Fire and Rescue Division prior to the time of personnel dispatch. A-15.1 California Fire and Rescue Mutual Aid System Agencies that have submitted salary rates to Cal OES Fire and Rescue Division at or below the Battalion Chief level shall be reimbursed using one of the following formulas: The formula for the total invoice amount with an MOU/MOA, GBR, or equivalent for all hours (portal-to-portal) is: [(S x H1 x 1.5) + (S x H1 x 1.5) + (S x H1 x 1.5)] = Total Personnel Reimbursement The formula for the total invoice amount without an MOU/MOA, GBR, or equivalent for all hours (actual hours) is: [(S x H2 x 1.5) + (S x H2 x 1.5) + (S x H2 x 1.5)] = Total Personnel Reimbursement S = Salary Rate H1= All Hours (portal-to-portal) H2 = Actual Hours Worked Page A-5 Agreement Between Cal OES/CAL FIRE/USFSBLM/NPS/FWS/BIA May 1, 2020 Cal OES# 6143-2019 CAL FIRE# 7CA004953 USFS# 20 -FI -11052012-147 NPS# P20AC00506 BLM# BLM CFPA CA915-2004 F&WS# FFo8F00000-D-Jool BIA# A20ACPROOI The Salary Hourly Rate (S) is the average hourly rate of all personnel in the specific rank (e.g., Captain, Engineer, Firefighter) within each individual jurisdiction. A-15.2 California Fire and Rescue Mutual Aid System Agencies that have submitted Salary Rates to Cal OES Fire and Rescue Division above the Battalion Chief level shall be reimbursed using the following formulas: The formula for the total invoice amount with an MOU/MOA, GBR, or equivalent for all hours (portal-to-portal) is: [(S x H1) + (S x H1) + (S x H)] = Total Personnel Reimbursement The formula for the total invoice amount without an MOU/MOA, GBR, or equivalent for all hours (actual hours) is: [(S x H2) + (S x H2) + (S x H2)] = Total Personnel Reimbursement S = Salary Rate H1 = All Hours (portal-to-portal) H2 = Actual Hours Worked A-15.3 If personnel above the Battalion Chief level have an MOU/MOA, GBR, or equivalent that indicates they are to be paid above straight time, the reimbursement will be calculated using one of the following formulas. The MOU/MOA, GBR, or equivalent is subject to the provisions in Clause A-9, and must not be contingent on this Agreement or executed on the sole basis that there is reimbursement from Cal OES, CAL FIRE, or the Federal Fire Agencies. The formula for the total invoice claim with an MOU/MOA, GBR, or equivalent for all hours (portal-to-portal) and MOU/MOA, GBR, or equivalent for above straight -time is: [(S x H1 x 1.5) + (S x H1 x 1.5) + (S x H1 x 1.5)] = Total Personnel Reimbursement The formula for the total invoice claim without an MOU/MOA, GBR, or equivalent for all hours (actual hours) and with an MOU/MOA, GBR, or equivalent for above straight -time is: [(S x H2 x 1.5) + (S x H2 x 1.5) + (S x H2 x 1.5)] = Total Personnel Reimbursement S = Salary Rate H1 = All Hours (portal-to-portal) H2 = Actual Hours Worked Formula for Non -Suppression Personnel Reimbursement Using Salary Rates A-16 California Fire and Rescue Mutual Aid System Agencies that have submitted Salary Rates to Cal OES Fire and Rescue Division for Non -Suppression Personnel shall be reimbursed for actual hours worked using the following formula: Page A-6 Agreement Between Cal OES/CAL FIRE/USFSBLM/NPS/FWS/BIA May 1, 2020 Cal OES# 6143-2019 CAL FIRE# 7CA004953 USFS# 20 -FI -11052012-147 NPS# P20AC00506 BLM# BLM CFPA CA915-2004 F&WS# FFo8F00000-D-Jool BIA# A20ACPROOI The formula for the total invoice claim without an MOU/MOA, GBR, or equivalent for all hours (actual hours) is: [(S x 1.5 x H2) + (S x 1.5 x H2) + (S x 1.5 x H2)] = Total Personnel Reimbursement S = Salary Rate H2 = Actual Hours Worked The Salary Rate (S) is the average hourly rate of all personnel in the specific rank (e.g., Dispatcher, Heavy Equipment Mechanic, and Inspector) within each individual fire agency. Non -Suppression Personnel, who have an MOU/MOA, GBR, or equivalent that indicates they are to be paid portal-to-portal according to Clause A-8.2, will be reimbursed in accordance with the following Formula for Personnel Using Salary Rates: The formula for the total invoice claim with an MOU/MOA, GBR, or equivalent for all hours (portal-to-portal) is: [(S x H1 x 1.5) + (S x H1 x 1.5) + (S x H1 x 1.5)] = Total Personnel Reimbursement S = Salary Rate H1 = All Hours (portal-to-portal) The Salary Hourly Rate (S) is the average hourly rate of all personnel in the specific rank (e.g., Dispatcher, Mechanic, and Inspector) within each individual jurisdiction. The 1.5 multiplier in the formula represents an hourly rate, which includes benefits for straight time, and an overtime rate for overtime hours. Supplemental Fire Department Resource Reimbursement Using NWCG#004-2009 A-17 California Fire and Rescue Mutual Aid System Agencies seeking reimbursement for Supplemental Fire Department Resources will accept rates as outlined in NWCG#004-2009, Attachment D, https://www.nwcg_gov/sites/default/files/memos/eb-m-09-004d_O.pdf, which states that Supplemental Fire Department Resources will be reimbursed using General Schedule tables with locality pay applied for actual hours worked. California Fire and Rescue Mutual Aid System Agencies that roster or sponsor Supplemental Fire Department Resources shall be reimbursed at the rate of the position being filled on the incident. A-18 California Fire and Rescue Mutual Aid System Agencies shall identify their Supplemental Fire Department Resources separately on the Supplemental Fire Department Resource section of the Cal OES Salary Survey and not include them under the Suppression responder categories. They are not a permanent part of the local fire organization. They are mobilized primarily for response to incidents/wildland fires outside of the fire agency's jurisdiction. Supplemental Fire Department Resources shall be paid a regular compensation rate for all hours worked plus an overtime Page A-7 Agreement Between Cal OES/CAL FIRE/USFSBLM/NPS/FWS/BIA May 1, 2020 Cal OES# 6143-2019 CAL FIRE# 7CA004953 USFS# 20 -FI -11052012-147 NPS# P20AC00506 BLM# BLM CFPA CA915-2004 F&WS# FFo8F00000-D-Joo1 BIA# A20ACPROOI compensation rate for actual overtime hours worked, including travel. Base hourly rate shall be no more than step 5 of the appropriate GS wage adjusted for locality pay at the location of the fire department's jurisdiction. Rates can be found on the Office of Personnel Management website, httns://www.oDm. cov/nolicv-data-oversicht/nav-leave/salaries-waves/2020/ceneral-schedule/. Reimbursement costs shall not include portal-to-portal pay or the employee portion of benefits. Backfill is not reimbursable for personnel hired as Supplemental Fire Department Resource. Approved travel costs will be in accordance with Clause A-37. Effective January 1, 2021, no supplemental resources will be hired through the CFAA. California Interagency Incident Management Team (CIIMT) Participation A-19 Personnel responding under this Agreement, including those who apply for participation on a Federal California Interagency Incident Management Team (CIIMT), must be employed with a federal, state or local agency in a full time, seasonal, part-time or retired -annuitant position for a purpose other than participation on a CIIMT. The CWCG coordinates the application and selection process for IMT rosters and may request proof of employment documentation as part of that process. Applicants who do not meet the criteria can apply under the casual hiring authority as outlined in the Standards for Interagency Incident Business Management. Engine Company and Tactical Water Tender Staffing A-20 Engine company staffing shall not be less than three (3) or a reimbursable maximum of four (4). The State of California or the Federal Fire Agencies will reimburse based on the actual classifications responding, not to exceed one Company Officer, one Apparatus Operator, and one or two Firefighters. Tactical water tender staffing shall be reimbursed based upon the actual classifications responding, not to exceed two Apparatus Operators or one Company Officer and one Firefighter. Personnel filling engine company or tactical water tender positions shall be certified at the appropriate level per Wildland Fire Qualification NWCG 310-1 Sub System Guide, or the California Incident Command Certification System (CICCS). Strike Team/Task Force Leader Trainee A-21 The State of California 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 California Fire and Rescue Mutual Aid System resources, or Cal OES-owned emergency apparatus used on incidents. A strike team/task force may, at the discretion of the local jurisdiction, include a Strike Team/Task Force Leader Trainee as a reimbursable member of the unit. The Trainee will be covered under a strike team/task force order -request number and will be identified on a separate Emergency Activity Record (OES F-42), unless the Trainee is from the same California 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 team/task force and will not be reimbursed for Page A-8 Agreement Between Cal OES/CAL FIRE/USFSBLM/NPS/FWS/BIA May 1, 2020 Cal OES# 6143-2019 CAL FIRE# 7CA004953 USFS# 20 -FI -11052012-147 NPS# P20AC00506 BLM# BLM CFPA CA915-2004 F&WS# FFo8F00000-D-Joo1 BIA# A20ACPROOI the use of a second vehicle. The Trainee may provide the vehicle for the assignment, but no more than one vehicle will be reimbursed. Personnel filling Strike Team/Task Force Leader Trainee positions shall be certified at the Strike Team/Task Force Leader Trainee level per Wildland Fire Qualification NWCG 310-1 Sub System Guide, or CICCS. A-22 All Trainees are required to check in with the Training Specialist at the incident when one is present. Trainees will follow the qualification process in place at the incident. Overhead Personnel A-23 Personnel responding to a State of California or Federal Fire Agency's request for overhead positions shall meet the training and experience requirements established for the ICS position to be filled (Reference: NWCG 310-1 Sub System Guide or CICCS). Transfer/Reassignment to Other Operational Areas/Incident A-24 California Fire and Rescue Mutual Aid System emergency apparatus and personnel requested through this Agreement may not be reassigned without the responding agency's approval. The host State of California or Federal Fire Agency shall secure approval for such reassignment through the California Fire and Rescue Mutual Aid System. Cal OES Support A-25 Cal OES Fire Agency Representatives assigned to major incidents may need to have a Cal OES Support/Communications Unit to facilitate coordinating the mutual aid resources assigned to the incident. Local Government Fire Agency Personnel assigned to this resource shall be limited to and reimbursed at a maximum of two (2) persons. A-26 The State of California or the Federal Fire Agencies shall reimburse the local government fire agency for the use of one agency support equipment. Reimbursement shall be calculated on a daily basis for such equipment at the rate established by the Committee for the approved type or category of vehicle used. REIMBURSEMENT — EMERGENCY APPARATUS A-27 The formulas and rates of payment for emergency apparatus shall be considered as covering all reimbursement related to the use of such vehicles except as provided in the Reimbursement of Emergency Apparatus Loss or Damage section in the Recitals of this Agreement, Recital 27. A-28 Reimbursement for emergency apparatus refurbishment and rehab may be approved by the Incident Command, up to a maximum of 2 hours, as appropriate. Page A-9 Agreement Between Cal OES/CAL FIRE/USFSBLM/NPS/FWS/BIA May 1, 2020 Cal OES# 6143-2019 CAL FIRE# 7CA004953 USFS# 20-FI-11052012-147 NPS# P20AC00506 BLM# BLM CFPA CA915-2004 F&WS# FFo8F00000-D-Joo1 BIA# A20ACPROOI California Fire and Rescue Mutual Aid System Agency Emergency Apparatus A-29 Engines and tactical water tenders shall be reimbursed in accordance with the current FEMA Schedule of Equipment Rates established in the Annual Rate Letter. Engines 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. A-30 California Fire and Rescue Mutual Aid System Agencies shall assume operational costs, including necessary motor fuels and lubricants used in its emergency apparatus while responding from their home base and returning to their home base from the State of California or Federal Fire Agency incidents. It shall be the responsibility of the responding agency to provide the necessary means of payment for such costs. A-31 Once at the incident and until released or reassigned, the State of California or the Federal Fire Agencies will provide for motor fuel and lubricants, normal servicing costs, and minor repairs incidental to operation of emergency apparatus including California Fire and Rescue Mutual Aid System Agency support equipment. Minor Repair is defined as any repair necessary to keep the equipment in operation on the fire, which requires not more than two hours (labor time only) for one mechanic for any one job, exclusive of obtaining parts. Support Equipment, Privately -Owned Vehicles, and Rental Vehicles A-32 The State of California or the Federal Fire Agencies shall reimburse California Fire and Rescue Mutual Aid System Agencies for use of agency support equipment and private vehicles provided in conjunction with requested personnel. Reimbursement shall be calculated on a daily basis for local jurisdiction support equipment at the rate established by the Committee for the type or category of vehicle used. Privately -owned vehicle rates will be reimbursed on a per mile basis according to the current Internal Revenue Service (IRS) standard rate for business miles. A-33 Reimbursement for mileage or other transportation to and from rental agency will be allowed. A-34 The use and reimbursement of rental vehicles, mileage or other transportation requires authorization either at the time of the initial request in the Resource Ordering System of Record, or documented by written approval at the incident. Rental vehicles from an airport are discouraged, and the use of economy cars are encouraged. Rental vehicles and the fuel expense while responding to, during, or returning from a State of California or Federal Fire Agency incident will be reimbursed for the actual costs incurred by the California Fire and Rescue Mutual Aid System Agencies. The process to obtain reimbursement for rental vehicle expenses is outlined in Exhibit "H". Page A-10 Agreement Between Cal OES/CAL FIRE/USFSBLM/NPS/FWS/BIA May 1, 2020 Cal OES# 6143-2019 CAL FIRE# 7CA004953 USFS# 20 -FI -11052012-147 NPS# P20AC00506 BLM# BLM CFPA CA915-2004 F&WS# FFo8F00000-D-Joo1 BIA# A20ACPROOI Aircraft A-35 Aircraft will be reimbursement based on rates submitted annually on the Salary Survey to Cal OES. Other Equipment Rates A-36 All equipment 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 in Exhibit "F". REIMBURSEMENT — TRAVEL EXPENSES A-37 At no time will the California 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 California or Federal Fire Agency incident unless formally documented and approved in writing at the incident. The reimbursement of meals to and from the incident will be subject to the U.S. General Services Administration per diem and lodging rates specified in Exhibit "H". Travel arrangements and reimbursement, including travel for relieving personnel and backfill, will only be made from the Fire Department/Agency location or residence whichever is closest to the incident or reporting location (such as staging). If formally documented and approved in writing at the incident, the process to obtain reimbursement for in state travel and incident -related expenses is outlined in Exhibit "H". REIMBURSEMENT — PERSONNEL ROTATION A-38 When California Fire and Rescue Mutual Aid System Agency personnel are committed to extended assignments under this 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 (elapsed time) excluding travel, before needing replacement, regardless of the number of assignments from original dispatch. A-39 Expenses that are reimbursable are limited to personnel costs and transportation costs. Reimbursement for personnel will be in accordance with general personnel reimbursement provisions of this Agreement. Please reference Exhibit "C" for specific personnel rotation procedures. Page A-11 Agreement Between Cal OES/CAL FIRE/USFSBLM/NPS/FWS/BIA May 1, 2020 Cal OES# 6143-2019 CAL FIRE# 7CA004953 USFS# 20 -FI -11052012-147 NPS# P20AC00506 BLM# BLM CFPA CA915-2004 F&WS# FFo8F00000-D-Joo1 BIA# A20ACPROOI INCIDENT OFF -SHIFT REST AND SLEEPING ACCOMODATIONS A-40 The responsible State of California or Federal Fire Agency will provide, when practical, sanitary, shaded and/or climatically maintained accommodations for off shift sleeping, rest, and recuperation for local jurisdiction resources confined to the incident base. If the incident command finds it operationally feasible (e.g., strike team remains available) to place local jurisdiction resources in a commercial sleeping accommodation, it may be provided. REIMBURSEMENT — STATE OF CALIFORNIA, FEDERAL, DOD, AND TRIBAL FIRE DEPARTMENTS A-41 State Agency Fire Departments, Federal Fire Departments, DOD Fire Departments, and Tribal Fire Departments may respond through the California Fire and Rescue Mutual Aid System. Tribal Fire Department's that have a compacted or contracted wildland fire program from BIA will respond through the Federal Dispatching System and not through the California Fire and Rescue Mutual Aid System. Reimbursement of Federal Fire Departments, DOD, and Tribal Fire Departments that respond to CAL FIRE, local government, and Cal OES incidents will be in accordance with the Agreement reimbursement provisions. Reimbursement of Federal Fire Departments, DOD, and Tribal Fire Departments that respond to Federal Fire Agency fires are governed by other federal agreements. In these cases, Cal OES will not produce or process reimbursement invoices for Federal Fire Departments, DOD and Tribal Fire Departments. Federal Fire Departments and DOD Fire Departments ordered through other agreements will invoice the supported Federal Fire Agency directly in accordance with existing federal and local agreements. Tribal Fire Departments that have a current Cooperative Agreement with BIA will invoice BIA directly in accordance with existing federal or local Agreements. Federal Fire Agencies will not reimburse Federal Fire Departments, DOD or Tribal Fire Departments under this Agreement. REQUESTING REIMBURSEMENT A-42 California Fire and Rescue Mutual Aid System Agencies will prepare an OES F-42, and supporting documentation at the incident, which is the basis for reimbursement due and invoice preparation. These forms are provided by Cal OES Fire and Rescue Division. The OES 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 that the resources requested on the OES F-42 were authorized by the ordering agency and is the initial step for invoice processing. The completed OES F-42 is forwarded to Cal OES Fire and Rescue Division Headquarters for Page A-12 Agreement Between Cal OES/CAL FIRE/USFSBLM/NPS/FWS/BIA May 1, 2020 Cal OES# 6143-2019 CAL FIRE# 7CA004953 USFS# 20 -FI -11052012-147 NPS# P20AC00506 BLM# BLM CFPA CA915-2004 F&WS# FFo8F00000-D-Joo1 BIA# A20ACPROOI processing. The OES F-42 should be submitted to the Cal OES Fire Agency Representative at the incident. In the absence of a Cal OES Fire Agency Representative, OES F-42 should be SUBMITTED TO Cal OES FIRE AND RESCUE DIVISION BY THE CALIFORNIA FIRE AND RESCUE MUTUAL AID SYSTEM AGENCY WITHIN THIRTY (30) CALENDAR DAYS OF RELEASE FROM THE INCIDENT OR PAYMENT WILL BE DELAYED. A-43 Within sixty (60) calendar days of receipt of the OES F-42, Cal OES Fire and Rescue Division will process the OES F-42 data into invoices (F-142) and return to the California Fire and Rescue Mutual Aid System Agency for verification of billing amounts and signature. THERE WILL BE A DELAY IN PAYMENT FOR INVOICES (F-142) NOT RETURNED TO Cal OES FIRE AND RESCUE DIVISION WITHIN THIRTY (30) CALENDAR DAYS OF RECEIPT FOR VERIFICATION OF BILLING AMOUNTS AND SIGNATURE. A-44 Upon return receipt and verification of the invoice (F-142) by the California Fire and Rescue Mutual Aid System Agency, Cal OES Fire and Rescue Division will forward the CFAA Reimbursement Invoice (OES F-142) to the appropriate State of California or Federal Fire Agency within thirty (30) calendar days along with a copy of the OES F-42 as the source document. Inquiries from the State of California and Federal Fire Agencies regarding amounts billed will first be addressed to Cal OES Fire and Rescue Division as soon as possible, as the first step in a joint resolution process. A-45 The State of California or Federal Fire Agency will remit payment to the California Fire and Rescue Mutual Aid System Agency within sixty (60) calendar days of receipt of the OES F-142 from Cal OES. A-46 In the event that CAL FIRE or a Federal Fire Agency identifies a discrepancy with an OES F-142, Cal OES will provide the California Fire and Rescue Mutual Aid System Agency a new invoice with the corrected invoice amount and the reason for the change. Cal OES has thirty (30) calendar days to make the change and provide a corrected invoice to the California Fire and Rescue Mutual Aid System Agency and either CAL FIRE or the appropriate Federal Fire Agency. A-47 CAL FIRE or the Federal Fire Agencies will provide copies of payment schedules to Cal OES every thirty (30) days for invoices to the California Fire and Rescue Mutual Aid System Agencies. Cal OES Fire and Rescue Division will reconcile the payment schedules against outstanding OES F -142(s) on a monthly basis. A-48 Cal OES will form and chair working groups with membership from the Committee to develop methodologies to streamline the reimbursement process. The State of California and Federal Fire Agencies will work on procedures to improve the reimbursement efficiencies and timelines. These activities will be documented and shared with the California Fire and Rescue Mutual Aid System Agencies. Page A-13 Agreement Between Cal OES/CAL FIRE/USFSBLM/NPS/FWS/BIA May 1, 2020 Cal OES# 6143-2019 CAL FIRE# 7CA004953 USFS# 20 -FI -11052012-147 NPS# P20AC00506 BLM# BLM CFPA CA915-2004 F&WS# FFo8F00000-D-Joo1 BIA# A20ACPROOI A-49 The Terms and Conditions and Exhibits in this Agreement may necessitate new methods of reporting and invoicing. All proposed changes to this Agreement, or associated business processes shall be approved by the State of California and Federal Fire Agencies that are parties to this Agreement. A-50 Reimbursement for emergency apparatus and personnel shall be made directly to the California Fire and Rescue Mutual Aid Agency providing the resource, and NOT to individuals. A-51 The OES F-42, shall be used as the basis for personnel and equipment calculations. The resource order form of record shall not be used for reimbursing personnel and equipment costs. Federal Fire Agency Electronic Fund Transfer A-52 Federal Fire Agencies require the following for reimbursement to California Fire and Rescue Mutual Aid System Agencies: Taxpayer Identification Number (TIN) — This number is applied for and issued by the Internal Revenue Service (IRS). Contact the IRS @ www.irs.gov or (800) 772-1213. 2. Electronic Funds Transfer (EFT) — The cooperator shall designate a financial institution or an authorized payment agent through which a federal payment may be made in accordance with US Treasury Regulations, Money and Finance at 31 CFR 208, which requires that federal 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 payment recipient more than receiving the check. c. The payment recipient has a physical or mental disability, or a geographic language or literacy barrier. In order to receive EFT payments, the recipient/cooperator shall register in the System for Award Management (SAM). 3. DUNS Number. The cooperator shall obtain a Dun and Bradstreet Data Universal Numbering System (DUNS). This is a requirement for registering in SAM. The DUNS number does not replace existing numbers, such as Employer Identification Number (EIN), the Tax Identification Number (TIN), and State Application Identifier (SAI) numbers that are required by statute, Executive Order, or regulation. You may obtain a free DUNS number by contacting Dun & Bradstreet via the web at https:Hfedgov.dnb.com/. A new DUNS number Page A-14 Agreement Between Cal OES/CAL FIRE/USFSBLM/NPS/FWS/BIA May 1, 2020 Cal OES# 6143-2019 CAL FIRE# 7CA004953 USFS# 20 -FI -11052012-147 NPS# P20AC00506 BLM# BLM CFPA CA915-2004 F&WS# FFo8F00000-D-Jool BIA# A20ACPRO0I can be created within one (1) business day. For assistance by phone, call (866) 705-5711 or SAMhelp&dnb.com. 4. System for Award Management (SAM) Registration Requirement. The cooperator shall maintain current information in SAM until receipt of final payment. This requires review and update to the information at least annually after the initial registration, and more frequently if required by changes in information or agreement term(s). For purposes of the Agreement, SAM means the Federal repository into which an entity must provide information required for the conduct of business as a Cooperative. Additional information about registration procedures may be found at the SAM Internet site (currently at www.sam.gov). For assistance, contact the SAM Assistance Center at (800) 606-8220. Page A-15 Agreement Between Cal OES/CAL FIRE/USFSBLM/NPS/FWS/BIA May 1, 2020 Cal OES# 6143-2019 CAL FIRE# 7CA004953 USFS# 20 -FI -11052012-147 NPS# P20AC00506 BLM# BLM CFPA CA915-2004 F&WS# FFo8F00000-D-Joo1 BIA# A20ACPROOI EXHIBIT `B" ICS Type 1 through 7 ENGINE, ICS TACTICAL WATER TENDER, PERSONAL PROTECTIVE EQUIPMENT, & TRAINING STANDARDS FOR FIRE AND EMERGENCY ASSISTANCE B-1 The purpose of this Exhibit is to identify the minimum standards that California Fire and Rescue Mutual Aid System Agencies should follow with regard to their use of Type 1 through 7 engines, Tactical Water Tender, Personal Protective Equipment (PPE) and training standards for mutual aid and/or CFAA-reimbursable responses. B-2 The State of California and the Federal Fire Agencies Type 3 through 7 engines and tactical water tenders have a number of features that enhance their capability to operate on narrow, steep or unimproved roads and to allow the efficient application of water or other agents. The minimum features of the engines are: 1. Short wheel base 2. High ground clearance 3. High angle of approach and departure 4. Lower Gross Vehicle Weight (GVW) than Type 1 or 2 engine 5. Unit # on roof B-3 The main fire pump and water tank shall meet minimum capabilities for the FIRESCOPE ICS Type engine or tactical water tender as designated in the current edition of the ICS Field Operations Guide ICS -420-1. The pump, as mounted, shall be capable of drafting water from a water source located 10 feet vertical distance below the pump through the required suction hose. For Type 3 through 7 engines: 1. 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 1.5 -inch trunk line once the fire's edge is encountered. 2. All hose utilized must meet or exceed USDA Specification. One -inch hoses and nozzles will have NPSH threads; Iinch hose with NH threads shall be provided with a sufficient number of NPSH adapters. 1.5 -inch hoses and nozzles will have NH threads. Page B-1 Agreement Between Cal OES/CAL FIRE/USFSBLM/NPS/FWS/BIA May 1, 2020 Cal OES# 6143-2019 CAL FIRE# 7CA004953 USFS# 20 -FI -11052012-147 NPS# P20AC00506 BLM# BLM CFPA CA915-2004 F&WS# FFo8F00000-D-Joo1 BIA# A20ACPROOI RESOURCE RADIO CALL COMPONENTS TYPES 1 2 3 4 5 6 7 Engine Engine Pump minimum flow GPM 1,000 500 150 50 50 50 10 Company Telesquirt* Tank minimum capacity (gal) 300 300 500 750 400 150 50 At rated pressure (psi) 150 150 250 100 100 100 100 Hose 2.5" 1,200 1,000 N/A N/A N/A N/A N/A Hose 1.5" 500 500 1,000 300 300 300 N/A Hose 1" N/A N/A 500 300 300 300 200 Ladder per NFPA 1901 Yes Yes N/A N/A N/A N/A N/A Master Stream Yes N/A N/A N/A N/A N/A N/A 500 Min. GPM Pump and Roll N/A N/A Yes Yes Yes Yes Yes Maximum GVWR (lbs.) N/A N/A N/A N/A 26,000 19,500 14,000 Personnel minimum 4(#) J 3 3 3(@) 3(@) 3(@) 3(@) *Engine with elevated stream capability, specify when requested (#) 3 or 4 -person staffing is acceptable for purposes of reimbursement. Differs from NWCG Guidelines. Per CFAA A-17 and FIRESCOPE BOD direction January 2020. N/A = Not Applicable NFPA =National Fire Protection Association GVWR = Gross Vehicle Weight Rating Notes: 1. All types shall meet federal, state and agency requirements for motor vehicle safety standards, including all gross vehicle weight ratings when fully loaded. 2. Type 3 engines and tactical water tenders shall be equipped with a foam proportioner system. 3. All water tenders and engine types 3 through 6 shall be able to prime and pump water from a 10 -foot lift. 4. See A-17 for staffing levels. RESOURCE RADIO CALL COMPONENTS TYPES 1 12 Tactical Water Water Tender Pump minimum flow GPM 250 250 Tender Tank minimum capacity (gal) 2,000 1,000 At rated pressure (psi) 150 150 Pump and Roll Yes Yes Personnel minimum 2 2 Notes: 1. All types shall meet federal, state and agency requirements for motor vehicle safety standards, including all gross vehicle weight ratings when fully loaded. 2. Type 3 engines and tactical water tenders shall be equipped with a foam proportioner system. 3. All water tenders and engine types 3 through 6 shall be able to prime and pump water from a 10 -foot lift. Common Additional Needs — Request as Needed ■ All Wheel Drive (Includes four-wheel drive). ■ High Pressure Pump (250 psi at one half flow of Type). NFPA 1901 compliant Type 1 and 2 engines will produce one half of rated flow at 250 psi. Type 3 engines are already required to produce rated flow (150 GPM) at 250 psi. If Type 4 through 6 are ordered as high pressure it is recommended that they be required to produce rated flow at 250 psi (50 GPM). ■ Foam proportioner. ■ Compressed Air Foam System (CAFS) 40 cfin minimum. ■ Additional personnel. Page B-2 Agreement Between Cal OES/CAL FIRE/USFSBLM/NPS/FWS/BIA May 1, 2020 Cal OES# 6143-2019 CAL FIRE# 7CA004953 USFS# 20 -FI -11052012-147 NPS# P20AC00506 BLM# BLM CFPA CA915-2004 F&WS# FFo8F00000-D-Joo1 BIA# A20ACPROOI Personal Protective Equipment (PPE) B-4 Each employee responding to or engaged in fire suppression activities will use the appropriate safety clothing and equipment. Each agency is responsible for seeing that Cal OSHA standards for safety clothing and equipment are provided and used for wildland firefighting. Wildland fire suppression safety clothing and equipment includes: 1. Head Protection meeting the requirements of CCR, Title 8, Section 3410 2. Eye and Face Protection meeting the requirements of CCR, Title 8, Sections 3382 and 3404 3. Ear and Neck Protection meeting the requirements of CCR, Title 8, Sections 3405 and 3410(c) 4. Body Protection meeting the requirements of CCR, Title 8, Section 3406(c) 5. Gloves, meeting the requirements of CCR, Title 8, Section 3410 6. Foot Protection meeting the requirements of CCR, Title 8, Section 3408 7. Wildland fire shelter meeting Forest Service specification 5100-606 8. Recommended disposable filtering face piece respiratory protection Training B-5 The State of California and Federal Fire Agencies have the expectation that when a local jurisdiction resource arrives at an incident it can perform all of the missions that would be expected of the State of California and Federal Fire Agencies' resource. B-6 All responding personnel shall be in compliance with the current NWCG 310-1 Sub System Guide or CICCS. Training topics include but are not limited to: Wildland strategy and tactics Wildland fire behavior Wildland hose lays Wildland fire safety Fireground communications Backfiring/firing-out Handline construction Structure triage Structure defense preparation Fire weather Page B-3 Agreement Between Cal OES/CAL FIRE/USFSBLM/NPS/FWS/BIA May 1, 2020 Cal OES# 6143-2019 CAL FIRE# 7CA004953 USFS# 20 -FI -11052012-147 NPS# P20AC00506 BLM# BLM CFPA CA915-2004 F&WS# FFo8F00000-D-Joo1 BIA# A20ACPROOI EXHIBIT "C" REIMBURSEMENT FOR PERSONNEL ROTATION Clauses A-38 and A-39 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 under this Agreement are to be available a minimum 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 their 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 (IC) or Mobilization (MOB) center manager to which the resources are assigned must approve the personnel rotation and method of transportation. Such approval should not be denied without substantial cause, (e.g., imminent planned release (24 — 36 hours)) of the resources, or a negotiated extension through the Cal OES Fire Agency Representative. The personnel rotation and transportation plan must be coordinated through the incident, the ordering point, agency representative, and/or the overhead responsible for the personnel to be rotated. C-2 The approved personnel rotation will be documented in: C-2.1 The approved automated resource ordering system of record. The resource order will be annotated in the documentation section by the incident indicating the date and time of personnel rotation approval. Subsequently the home unit/filling command center will add documentation to include the following information: C-2.1.1 Method/Mode, date and time of transportation. C-2.1.2 An ICS General Message Form-213/Rotation Job Aid Template designed specific for personnel rotation must be signed by the IC or MOB center manager approving the rotation. This form shall be attached to the respective OES F-42 associated with the rotation vehicle and overlapping time of personnel. C-2.2 OES F-42 C-2.2.1 Box 12 of the original OES F-42 will document any personnel rotation with the date and time of the rotation for all individuals whether or not the personnel rotation will be reimbursed. Page C-1 Agreement Between Cal OES/CAL FIRE/USFSBLM/NPS/FWS/BIA May 1, 2020 Cal OES# 6143-2019 CAL FIRE# 7CA004953 USFS# 20 -FI -11052012-147 NPS# P20AC00506 BLM# BLM CFPA CA915-2004 F&WS# FFo8F00000-D-Joo1 BIA# A20ACPROOI C-2.2.2 ONLY when a fire agency is requesting reimbursement for an approved personnel rotation that includes transportation cost will a new OES F-42 be required (Check the Aprvd. Personnel Rotation Box, Personnel Information, Box 11 & Support Vehicle Information, Box 8 on OES F-42 and referenced to the original `B" number, Box 12). C-2.2.2.1 For approved personnel rotation documented only in the documentation section. C-2.2.3 OES F -142(s) will identify personnel involved in any rotation and will itemize the costs of transportation for personnel rotations with support documentation. C-2.3 ICS -214 Unit Log C-2.3.1 Details of personnel rotation need to be documented (Unit Logs to be retained on file by individual fire agency). If both the emergency apparatus and the personnel need replacement, the resources will be released and a new resource will be ordered. Page C-2 Agreement Between Cal OES/CAL FIRE/USFSBLM/NPS/FWS/BIA May 1, 2020 Cal OES# 6143-2019 CAL FIRE# 7CA004953 USFS# 20 -FI -11052012-147 NPS# P20AC00506 BLM# BLM CFPA CA915-2004 F&WS# FFo8F00000-D-Joo1 BIA# A20ACPROOI EXHIBIT "D" COMMUNICATIONS CAPABILITIES D-1 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 channels and pre-programmed with the most current FIRESCOPE STATEWIDE FREQUENCY CHANNEL PLAN. Effective January 1, 2024, radios will be required to have a minimum capacity of 400 channels with a recommended minimum of 500 channels. D-2 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 Highband portable radio should be capable of being operated by alkaline batteries. D-3 Strike Team/Task Force Leaders: In addition to the communications capability required for emergency apparatus, line personnel are encouraged to respond with a conventional 800 MHz radio pre-programmed with the 800 MHz mutual aid channels as identified in FIRESCOPE STATEWIDE FREQUENCY CHANNEL PLAN. D-4 For Narrowband Radios: On January 1, 2013, all public safety and business industrial land mobile radio systems operating in the 150-512 MHz radio bands must cease operating using 25 kHz efficiency technology, and begin operating using at least 12.5 kHz efficiency technology. This deadline is the result of an FCC effort that began almost two decades ago to ensure more efficient use of the spectrum and greater spectrum access for public safety and non-public safety users. Migration to 12.5 kHz efficiency technology (once referred to as Refarming, but now referred to as Narrowbanding) will allow the creation of additional channel capacity within the same radio spectrum, and support more users. D-5 After January 1, 2013, licensees not operating at 12.5 KHz efficiency will be in violation of the Commission's rules and could be subject to FCC enforcement action, which may include admonishment, monetary fines, or loss of license. Agencies shall ensure that local radio channels are not utilized outside of the agency's licensed area of operation. D-6 Agencies should provide a minimum of 4 hours of annual basic radio training for Division Supervisors, Strike Team Leaders, and single resource leader positions. Page D-1 Agreement Between Cal OES/CAL FIRE/USFSBLM/NPS/FWS/BIA May 1, 2020 Cal OES# 6143-2019 CAL FIRE# 7CA004953 USFS# 20 -FI -11052012-147 NPS# P20AC00506 BLM# BLM CFPA CA915-2004 F&WS# FFo8F00000-D-Joo1 BIA# A20ACPRO01 EXHIBIT "E" *Intentionally Left Blank. The Committee combined two exhibits into one, which left Exhibit E open for a new subject. Instead of changing reference to lettering of all exhibits, this will be a place holder for a newly added exhibit.* Page E-1 Agreement Between Cal OES/CAL FIRE/USFS/BLM/NPS/FWS/BIA May 1, 2020 Cal OES# 6143-2019 CAL FIRE# 7CA004953 USFS# 20 -FI -11052012-147 NPS# P20AC00506 BLM# BLM CFPA CA915-2004 F&WS# FFo8F00000-D-Joo1 BIA# A20ACPROOI EXHIBIT "F" FEMA EQUIPMENT RATE FORMULA Hourly Rate= Depreciation + Overhead + Overhaul Labor + Overhaul Parts + Field Labor +Field 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 annual equipment overhead costs resulting directly from equipment ownership, the costs include such 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 an annual equipment ownership baseline. Overhaul Labor = (Annual Overhaul Labor Hours * Mechanic's Wage) / 2112 Overhaul Parts = Annual Overhaul Parts Cost / 2112 Field Labor = (Annual Field Repair Labor Hours * Mechanic's Wage) / Average Annual Use Hours Field Parts = (Annual Field Repair Parts Cost + Miscellaneous Supply Parts Cost) / Average Annual Use Hours Fuel = Average Annual Fuel Cost / Average Annual Use Hours or Fuel = Hourly Fuel Consumption Rate * Unit Cost of Fuel Lube = Annual Lube Cost / Average Annual Use Hours Tires = Tire Cost / Tire Life ** You may also use FEMA's Special Use Equipment Formula at https://www.caloes.ca.jzov/cal-oes- divisions/fire-rescue/administration-reimbursement* * Page F-1 Agreement Between Cal OES/CAL FIRE/USFS/BLM/NPS/FWS/BIA May 1, 2020 Cal OES# 6143-2019 CAL FIRE# 7CA004953 USFS# 20 -FI -11052012-147 NPS# P20AC00506 BLM# BLM CFPA CA915-2004 F&WS# FFo8F00000-D-Joo1 BIA# A20ACPROOI EXHIBIT "G" REIMBURSEMENT POLICY AND PROCEDURES FOR OUTSIDE THE STATE OF CALIFORNIA ASSIGNMENTS This Exhibit applies to Cal OES and the Federal Fire Agency requests. G-1 The California Fire and Rescue Mutual Aid System Agencies shall use the following procedures to secure reimbursement for the provision of personnel and local government-owned emergency apparatus ordered for use on Federal incidents outside the State of California. G-2 Reimbursement of personnel, emergency apparatus, and support equipment will be consistent with Exhibit "A" Reimbursement Policy and Procedures with the following exceptions: Travel costs for lodging, per diem and rental vehicles for personnel shall be reimbursed at the GSA travel rates. 2. Reimbursement for Cal OES-owned communications equipment (e.g., cell and satellite phones orair and phone credit cards) will be at the total actual cost to the State of California. 3. Reimbursement invoices for Cal OES personnel, travel, and equipment will be on an actual cost basis, supported by accounting records, payroll records, and/or activity cards. Invoices for Cal OES resources should be submitted no later than 5 months after the end of the incident. 4. Invoices for Cal OES resources will include an administrative rate as determined by the State of California under, Title 2 in the Code of Federal Regulations (2 CFR), Subtitle A, Chapter II, part 200. 5. Length of assignments for resources responding to incidents outside the State of California will be consistent with the appropriate Federal Fire Agency's policy. Conditions in Clauses A- 38 and A-39 of Exhibit "A" concerning minimum of seven (7) days (elapsed time), excluding travel, will not apply to resources responding to requests outside the State of California. Federal Fire Agency policy on the length of an assignment outside the state is defined as the time period (days) between the first full operational period at the first incident or reporting location on the original resource order and commencement of return travel to the home unit. Standard assignment length is fourteen (14) days, exclusive of travel from and to home unit. Time spent in staging and preposition status counts toward the 14 -day limit, regardless of pay status, for all personnel, including Incident Management Teams. Page G-1 Agreement Between Cal OES/CAL FIRE/USFSBLM/NPS/FWS/BIA May 1, 2020 Cal OES# 6143-2019 CAL FIRE# 7CA004953 USFS# 20 -FI -11052012-147 NPS# P20AC00506 BLM# BLM CFPA CA915-2004 F&WS# FFo8F00000-D-Joo1 BIA# A20ACPROOI EXHIBIT "H" IN-STATE TRAVEL AND INCIDENT RELATED EXPENSES The purpose of this exhibit is to identify allowable costs and the process for submitting such cost for in- state travel and incident related expenses. This exhibit primarily pertains to costs associated with fuel, food, vehicle and lodging costs as stated in Clauses A-37 and A-39 of Exhibit "A", as well as attributable incident expenses such as loss or damage to local agency emergency apparatus or support equipment identified in Recital 27 of this Agreement. In some cases, miscellaneous expenses outside of the above mentioned may be approved if the incident finds that the expense(s) is also attributable to the incident. 1. In order for local agencies to be eligible for reimbursement of expenses related to this exhibit for lodging and per diem, the approval MUST be formally documented in writing by the approving State of California or Federal Fire Agency responsible for an incident by using a General Message Form ICS -213 and/or provide the associated "S#" validating the expense(s) on both the General Message Form ICS -213 and the OES F-42. 2. In order for local agencies to be eligible for reimbursement of expenses related to this exhibit for all other expenses such as loss or damage, the approval MUST be formally documented in writing by the approving State of California or Federal Fire Agency responsible for an incident by using a General Message Form ICS -213 AND provide the associated "S#" validating the expense(s) on both the General Message Form ICS -213 and the OES F-42. In both cases, when the General Message Form ICS -213 is used, it must be signed by one of these three positions: Incident Commander, Finance Section Chief or Incident Business Advisor. NOTE: S#'s and approved General Message Form ICS -213's should ONLY be issued when the incident cannot accommodate the expense in need, and all other options to provide the expense(s) have been exhausted. Approved out of pocket expense(s) must accompany the OES F-42 along with the formal approval on the General Message Form ICS -213 documenting the S#, the itemized receipt(s), and the Expense Claim Reimbursement Log (OES F -142A). Receipts for meals and incidentals are not required. All other receipts must be taped to an 8 1/2x 11 sheet of paper in date order. All sides of the receipts must be taped and legible; photo copies are preferred. Page H-1 Agreement Between Cal OES/CAL FIRE/USFS/BLM/NPS/FWSBIA May 1, 2020 Cal OES# 6143-2019 CAL FIRE# 7CA004953 USFS# 20 -FI -11052012-147 NPS# P20AC00506 BLM# BLM CFPA CA915-2004 F&WS# FFo8F00000-D-Joo1 BIA# A20ACPROOI Rental Vehicles This section of Exhibit "H" is to identify both allowable and non -allowable expenses when renting a vehicle. Items listed adhere to the state rental agreement. Items listed below are NOT allowable expenses: 1. Personal accident insurance, personal effects coverage, or other optional coverage 2. No pre -payment of fuel or refueling 3. No payment of extension costs or late return 4. Airport pickups are discouraged 5. Airport parking feeds 6. GPS unit 7. Satellite radio services (e.g. Sirius XM) 8. Roadside service 9. Damage attributable to the incident may be local government fire agency responsibility Items listed below are REQUIRED to secure reimbursement: 1. Vehicle returned with a full tank 2. Exit invoice 3. Use of economy vehicle recommended 4. Vehicle determination should be based on your incident position 5. At time of rental, you may need to make remarks on your contact that this vehicle is going to an incident base camp and may be driven off pavement 6. If your agency provides a travel/expense car, rental and fuel must be paid by agency card *All other considerations must have prior approval from the incident* Page H-2 Agreement Between Cal OES/CAL FIRE/USFS/BLM/NPS/FWSBIA May 1, 2020 Cal OES# 6143-2019 CAL FIRE# 7CA004953 USFS# 20 -FI -11052012-147 NPS# P20AC00506 BLM# BLM CFPA CA915-2004 F&WS# FFo8F00000-D-Joo1 BIA# A20ACPRO0I Rental vehicle reimbursement will use the state rates listed below as the maximum allowable charge: STATE OF CALIFORNIA SHORT TERM PROGRAM RENTAL RATES TABLE EFFECTIVE, MARCH 3, 2020, WILL BE USED FOR A MAXIMUM AMOUNT ALLOWABLE FOR REIMBURSEMENT. Wr Class Type Sample Vehicle Daily Rates Weekly Rates Compact Nissan Versa $36.06 $144.24 Mid-Size/Intermediate Hyundai Elantra $36.06 $144.24 Standard Buick Verano $38.25 $152.98 Full Size Nissan Altima $38.25 $152.98 Hybrid Electric/Plug-In Zero Emission Vehicle Toyota Prius $45.89 $183.58 Compact SUV Jeep Renegade $61.19 $244.77 Medium SUV Hyundai Santa Fe $96.16 $573.68 Pick Up Truck Ram 1500 $76.49 $305.96 3/4 -Ton/ 1 -Ton Pick Up Truck Chevy Silverado $98.35 $491.73 Mini Van Dodge Grand Caravan $61.19 $244.77 Large Van Ford Transit Wagon $132.22 $793.32 Mini -Cargo Van Ram Promaster City $72.12 $360.60 15' Cutaway Box Van w/ramp Transit Connect $76.49 $382.45 16' Box Truck $92.88 $464.41 24' Box Truck $109.27 $546.36 26' Box Truck $109.27 $546.36 14' Stake Bed $92.88 $464.41 24' Stake Bed $109.24 $546.36 When renting a vehicle beyond four (4) days, assigned personnel will utilize the weekly rate through the seventh (7) day. Any days thereafter that do not constitute a week (seven (7) days) will be considered a daily rate. Page H-3 Agreement Between Cal OES/CAL FIRE/USFS/BLM/NPS/FWSBIA May 1, 2020 Cal OES# 6143-2019 CAL FIRE# 7CA004953 USFS# 20 -FI -11052012-147 NPS# P20AC00506 BLM# BLM CFPA CA915-2004 F&WS# FFo8F00000-D-Joo1 BIA# A20ACPROOI Included in State of California Program Rates -Short Term: 1. Unlimited mileage, Collision Damage Waiver (CDW) 2. $300,000 Supplemental Liability Protection (SLP) 3. Drop Charges: There will be no drop charges for any vehicles that are picked up and returned at an alternative Rental Branch location within the US with the exception of New York. 4. CDW for Business Rentals: Rates include full CDW (Collision Damage Waiver) with no deductible. CDW will cover any physical damage to the vehicle that may occur during a rental and is subject to the terms and limitations set forth in Enterprise's standard rental contract. See additional slide for exclusions. 5. SLP for Business Rentals: Rates include SLP (Supplemental Liability Protection). SLP will cover up to $300,000 in liability claims that may occur during a rental, as the result of an accident, and is subject to the terms and limitations set forth in Enterprise's standard rental contract. Damage Waiver Exclusion — Off-road use: 1. Operation of any vehicle that was not properly designed for the intended use 2. Excessive vehicle wear and tear, due to off-road operation, that may include: a. Tire punctures or missing chunks of tread b. Impact damage (body panels or undercarriage) defined as follows: i. Scratches larger than 2" or multiple scratches per panel penetrating the paint ii. Dents larger than 2" or multiple dents per panel iii. Impact to undercarriage that will require repair in order to maintain the drivability of the vehicle iv. Rips in upholstery, missing or broken interior components 3. Soot, smoke, or stain damage requiring professional cleaning There are several options available to your agency and/or personnel for payment under the State of California Contract: 1. Direct bill account set up by your agency 2. Agency corporate credit card 3. Agencies can use account number XZCPFIR, and renters can choose to use their own payment method. Rental vehicles authorized on the resource order do not need additional incident approval. The cost of the rental vehicle, if incurred by the local agency, and the fuel purchased to operate the rental vehicle must be submitted on the OES F- 142A with receipts taped or photo copied. Rental vehicles that are not authorized on the resource order must receive the formal written approval from the incident as identified on page H-1 of this Exhibit. Page H-4 Agreement Between Cal OES/CAL FIRE/USFS/BLM/NPS/FWSBIA May 1, 2020 Cal OES# 6143-2019 CAL FIRE# 7CA004953 USFS# 20 -FI -11052012-147 NPS# P20AC00506 BLM# BLM CFPA CA915-2004 F&WS# FFo8F00000-D-Jool BIA# A20ACPROOI Documentation Requirements for Reimbursement of Expenses Check List: ❑ General Message Form (ICS -213) signed by the Incident Commander, Finance Section Chief, or Incident Business Advisor ❑ S# documented on forms ICS -213 and OES F-42 ❑ Completed OES F-42 ❑ Completed and signed OES F -142A with expense documented in date order ❑ Receipt(s)* taped on all sides to an 8 '/2 x 11 sheet of paper in date order (photocopies preferred) ❑ If renting a vehicle, must submit exit invoice For loss or damage reimbursement to a local agency emergency apparatus or support equipment, additional documentation also required: ❑ Investigation/incident report ❑ Photos If costs are associated with food or lodging*, the reimbursement will be limited to the GSA Per Diem Rates in effect at the time of the response. Rates are available at https://www.gsa.gov/travel/plan- book/per-diem-rates. The first and last calendar day of travel is calculated and reimbursed at 75%. *Double occupancy is preferred as appropriate. Page H-5 Agreement Between Cal OES/CAL FIRE/USFS/BLM/NPS/FWSBIA May 1, 2020 v 0 3 Cal OES# 6143-2019 CAL FIRE# 7CA004953 USFS# 20 -FI -11052012-147 NPS# P20AC00506 BLM# BLM CFPA CA915-2004 F&WS# FFo8F00000-D-Jool BIA# A20ACPROOI o v b D N W m m o y o rrn 0 n G1 O z c� o tA oA y o m n '^ r � o z _� O 1 z �f VA {A iA iA iA {A i/A iA 1A <A iA iA VA 4A O O O O o O O O O O O O o o O o n n o 0 o n o 0 0 0 0 0 o n c n o 0 0 0 0 0 0 0 0 0 0 0 0 o Z Cal OES# 6143-2019 CAL FIRE# 7CA004953 USFS# 20 -FI -11052012-147 NPS# P20AC00506 BLM# BLM CFPA CA915-2004 F&WS# FFo8F00000-D-Jool BIA# A20ACPROOI 1 f� E fD Z O OES F -142A at hgps://www.caloes.ca.gov/cal-oes-divisions/fire-rescue/administration-reimbursement Page H-6 Agreement Between Cal OES/CAL FIRE/USFS/BLM/NPS/FWSBIA May 1, 2020 Cal OES# 6143-2019 CAL FIRE# 7CA004953 USFS# 20 -FI -11052012-147 NPS# P20AC00506 BLM# BLM CFPA CA915-2004 F&WS# FFo8F00000-D-Joo1 BIA# A20ACPROOI EXHIBIT "I" DEFINITIONS I-1 ACCRUAL ACCOUNTING is a method whereby revenue or expenses are recorded when a transaction occurs rather than when a payment is received or made. I-2 ACTUAL HOURS shall mean on shift time which includes a specific start and ending time and is recorded as clock hours. On shift time includes actual work, ordered standby and compensable travel. Individuals are required to report to their designated work site as scheduled, ready and willing to perform work safely. I-3 ADMINISTRATIVE RATE shall mean a pre -established percentage charge that maybe applied by the billing agency as determined by the CFAA Committee. I-4 AGENCY AIRCRAFT shall mean any firefighting fixed or rotary -winged aircraft (including Unmanned Aerial Vehicles) owned by Local, State, or Federal Fire Agencies. I-5 AGENCY REPRESENTATIVE shall mean the ICS position that serves as the point ofcontact for an assisting or cooperating agency that has been delegated authority to make decisions on matters affecting that agency's participation at the incident and reports to the LiaisonOfficer. I-6 ANNUAL OPERATING PLAN shall mean a plan developed at the State, Geographic, or local levels for the implementation of administrative or operational practices or concerns. I-7 ASSISTANCE BY HIRE shall mean fire suppression resources needed to fill the incident order that are to be paid for by the protecting agency. I-8 BASE RATE shall mean the de minimis rate developed by the Committee. I-9 BUREAU OF INDIAN AFFAIRS shall mean a federal bureau under the Department of the Interior charged with the responsibility to provide wildland fire protection and suppression for trust lands of federally recognized Native American Tribes. I-10 CALIFORNIA FIRE AND RESCUE MUTUAL AID SYSTEM AGENCIES shall mean agencies, departments, or institutions to which Cal OES has, through agreement, assigned Cal OES-owned emergency apparatus; or who provide locally owned resources under provisions of the California Fire and Rescue Mutual Aid System. These agencies may also be referenced as, however, not be limited to, "local government" or "local agency". Page I-1 Agreement Between Cal OES/CAL FIRE/USFS/BLM/NPS/FWS/BIA May 1, 2020 Cal OES# 6143-2019 CAL FIRE# 7CA004953 USFS# 20 -FI -11052012-147 NPS# P20AC00506 BLM# BLM CFPA CA915-2004 F&WS# FFo8F00000-D-Joo1 BIA# A20ACPROOI I-11 CALIFORNIA MOBILIZATION GUIDE shall mean the interagency procedures for requesting, documenting, and sending resources to incidents within the State ofCalifornia. I-12 CALIFORNIA WILDLAND COORDINATING GROUP shall mean the executive level interagency committee made up of representatives from the USDA Forest Service, California Department of Forestry and Fire Protection, USDI Bureau of Land Management, USDI National Park Service, USDI Bureau of Indian Affairs, USDI Fish and Wildlife Services, Association of Contract Counties representative, and the California Governor's Office of Emergency Services. I-13 COMPENSATE shall mean to give money in return for something such as work or payment for something lost or damaged. I-14 DEMOBILIZATION CENTER/FACILITY shall mean that location or facility established at or near an incident for the processing of emergency apparatus and personnel prior to release to its home base. I-15 DEPARTMENT OF DEFENSE FIRE DEPARTMENT shall mean any organizationmanaged by the Department of Defense for preventing and putting out fires principally on military installations. I-16 EMERGENCY ACTIVITY RECORD (OES F-42) shall mean the personnel and equipment time record required for reimbursement through the CFAA. Referred to as OES F-42. I-17 EMERGENCY APPARATUS shall mean any emergency response equipment or apparatus provided through the California Fire and Rescue Mutual Aid System. I-18 EMERGENCY PERSONNEL shall mean any personnel responding on or with emergency apparatus and requested overhead personnel. I-19 FEDERAL FIRE AGENCIES shall mean the USDA Forest Service, Pacific Southwest Region; the USDI Bureau of Land Management, California Office, Regions 8 and 10; the USDI National Park Service, Interior Regions 8, 9, 10, and 12; USDI Fish and Wildlife Service, Interior Regions 8 and 10, and USDI Bureau of Indian Affairs, Pacific Region. I-20 FEDERALLY RECOGNIZED TRIBE shall mean an American Indian or Alaska Native tribal entity that is recognized as having a government -to -government relationship with the United States, with the responsibilities, powers, limitations, and obligations attached to that designation, and are eligible for funding and services from the Bureau of Indian Affairs. I-21 GOVERNING BODY RESOLUTION (GBR) shall mean a formal declaration of the governing body concerning a certain subject which it either cannot or does not wish to control by ordinance. Page I-2 Agreement Between Cal OES/CAL FIRE/USFS/BLM/NPS/FWS/BIA May 1, 2020 Cal OES# 6143-2019 CAL FIRE# 7CA004953 USFS# 20 -FI -11052012-147 NPS# P20AC00506 BLM# BLM CFPA CA915-2004 F&WS# FFo8F00000-D-Joo1 BIA# A20ACPROOI I-22 HOME UNIT shall mean the geographical location an individual is normally assigned to work. Also referred to as home base. I-23 INCIDENT shall mean an occurrence or event, either human -caused or natural phenomena, that requires action by emergency service personnel to prevent or minimize loss of life or damage to property and/or natural resources. I-24 INCIDENT COMMAND SYSTEM (ICS) shall mean a standardized on -scene emergency management concept specifically designed to allow its user(s) to adopt an integrated organizational structure equal to the complexity and demands of single or multiple incidents, without being hindered by jurisdictional boundaries. I-25 INCIDENT COMMANDER shall mean the ICS position responsible for overall management of the incident and reports to the agency administrator for the agency having incident jurisdiction. This position may have one or more deputies assigned from the same agency or from an assisting agency(s). I-26 INCIDENT MANAGEMENT TEAM (IMT) shall mean the incident commander and appropriate command and general staff assigned to an incident. I-27 INTERAGENCY shall mean involvement of two or more agencies to an agreement. I-28 LOCAL AGENCY shall mean any city, city and county, county, or special district. I-29 LOCAL AGREEMENT shall mean a pre -defined area agreement that includes that portion of the geographical jurisdictions of both the local reciprocal agreement signatories on which they have historically, frequently and continuously cooperated in initial and extended attack. I-30 LOCAL JURISDICTION shall mean any political subdivision of government. I-31 MOBILIZATION CENTER shall mean an off -incident location at which emergency apparatus and personnel are temporarily located pending assignment, release or reassignment. I-32 MOU/MOA shall mean a memorandum of understanding or memorandum of agreement, which is a formal business document used to outline an agreement made between two separate entities, groups, or individuals. I-33 MUTUAL AID shall mean an agreement in which two or more parties agree to furnish resources and facilities and to render services to each party of the agreement to prevent and combat any type of disaster or emergency. I-34 NON SUPPRESSION PERSONNEL shall mean personnel who occupy a civilian position within a fire agency. Page I-3 Agreement Between Cal OES/CAL FIRE/USFS/BLM/NPS/FWS/BIA May 1, 2020 Cal OES# 6143-2019 CAL FIRE# 7CA004953 USFS# 20 -FI -11052012-147 NPS# P20AC00506 BLM# BLM CFPA CA915-2004 F&WS# FFo8F00000-D-Joo1 BIA# A20ACPROOI I-35 POLITICAL SUBDIVISION shall mean any city, city and county, county, district, or other local governmental agency or public agency authorized bylaw. I-36 PORTAL-TO-PORTAL shall mean the time of initial dispatch from home base to the time of return to home base. I-37 REIMBURSEMENT shall mean to pay someone/agency an amount equal to an amount that agency has spent or where the agency has accrued a financial liability. I-38 SALARY RATES shall mean the sum of the hourly rates for each personnel in a classification including worker's compensation and unemployment insurance divided by the number of employees in that classification. The hourly rate should not include overtime. Benefit pay, specialty pay, and/or incentive pay should also be excluded unless the pay is directly tied to each hour of overtime worked. I-39 SALARY SURVEY refers to the form used to establish rates for reimbursement filed with Cal OES Fire and Rescue Division. I-40 STAGING AREA shall mean the location where emergency apparatus and personnel are assigned to an incident for deployment on a three-minute availability status. I-41 STRUCTURAL FIRE PROTECTION shall mean fire suppression within a structure. I-42 STRUCTURE DEFENSE shall mean the protection of homes or other structures fromwildland fire before the fire reaches the structure; exterior fire protection measures. I-43 SUPPLEMENTAL PERSONNEL shall mean overhead tied to a local fire department generally by agreement who are mobilized primarily for response to incidents/wildland fires outside of their district or mutual aid zone. They are not a permanent part of the local fire organization and are not required to attend scheduled trainings, meetings, etc., of the department staff. I-44 SUPPRESSION PERSONNEL shall mean personnel who routinely respond to emergencies. I-45 TRIBAL FIRE DEPARTMENT shall mean a federally -recognized tribe with suppression and/orall-risk response capabilities. Page I-4 Agreement Between Cal OES/CAL FIRE/USFS/BLM/NPS/FWS/BIA May 1, 2020 RESOLUTION NO. 2021-55 A RESOLUTION OF THE LODI CITY COUNCIL UPDATING PORTAL-TO-PORTAL REIMBURSEMENT FOR OFFICE OF EMERGENCY SERVICES MUTUAL AID --------------------------- WHEREAS, the City of Lodi Fire Department is a public agency located in the County of San Joaquin, State of California; and WHEREAS, it is the City's desire to provide fair and legal payment to all its employees for time worked; and WHEREAS, the City has in its employ Fire Department response personnel including: Fire Chief, Division Chief, Battalion Chiefs, Fire Captains, Engineers, and Firefighters; and WHEREAS, the City compensates its Fire Department response personnel portal to portal while in the course of their employment and away from their official duty station and assigned to an emergency incident, in support of an emergency incident, or pre -positioned for emergency response; and WHEREAS, the City will compensate its employees overtime in accordance with their current and applicable Memorandum of Understanding while in the course of their employment and away from their official duty station and assigned to an emergency incident, in support of an emergency incident, or pre -positioned for emergency response. NOW, THEREFORE, BE IT RESOLVED by the Lodi City Council that: 1. City Fire Department response personnel shall be compensated according to their current and applicable Memorandum of Understanding (MOU), or other directive that identifies personnel compensation in the workplace, for such personnel. 2. The City through its Fire Department will maintain a current salary schedule for all personnel covered by this Resolution. 3. Personnel will be compensated (portal to portal) beginning at the time of dispatch to the return to jurisdiction when equipment and personnel are in service and available for agency response. 4. The City of Lodi's reimbursement procedures for emergency services mutual aid are in accordance with the 2020 California Fire Assistance Agreement. 5. Fire Department response personnel include: Fire Chief, Division Chief, Battalion Chiefs, Fire Captains, Engineers, and Firefighters. BE IT FURTHER RESOLVED, pursuant to Section 6.3q of the City Council Protocol Manual (Res. No. 2019-223), the City Attorney is hereby authorized to make minor revisions to the above -referenced document(s) that do not alter the compensation or term, and to make clerical corrections as necessary. Dated: March 3, 2021 I hereby certify that Resolution No 2021-55 was passed and adopted by the Lodi City Council in a regular meeting held March 3, 2021, by the following vote: AYES: COUNCIL MEMBERS — Chandler, Hothi, Khan, Kuehne, and Mayor Nakanishi NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — None 673ENNIFECUSMIR City Clerk 2021-55