2004 ANNUAL OPERATING PLAN

AGENCIES INVOLVED:

A. State of Alaska, Department of Natural Resources, Division of Forestry, Kenai-Kodiak Area Office.

B. Central Emergency Services

This Annual Operating Plan establishes the policy and procedures for the following:

A. Apparatus Payment Rates & Condition of Hire.

B. Personnel Pay Rates and Classification & Conditions of Hire.

C. Designation of Primary, Discretionary, and Mobilization Response Areas.

D. Inventory of Firefighting Resources.

E. Coordination of Prevention, Investigation and Public Education efforts.

F. Operational Procedures within the Cooperator's Primary Response Area.

(I). Fire Reporting.

(II). Fire Response and Notification Procedures.

(III). Fire Reports and other Documentation.

(IV). Training and Equipment Familiarization.

(V). Open Burning and Restrictions.

G. Provisions, Conditions, and Methods for Cooperator Reimbursement.

H. Mobilization Procedures for Fire Department Discretionary or Mobilization Responses.

I. Personnel Qualification Requirements.

J. Training

K. Fire Stores

L. Other special considerations or exceptions pursuant to the Cooperative Agreement.

(i) Radio Frequencies

(ii) Personnel Pay Rates and Compensation

(iii) Borough Resources

A. Effective Date and Termination

B. Compliance Failure

C. Notice

D. Severability

E. Attachments

A1 Forestry Vehicle List

A2 Cooperator Vehicle List and Rates

A3 Cooperator Apparatus Typing and Rate Guidelines

B1 Forestry Personnel List

B2 Cooperator Personnel List

B3 Command and Staff Contact List

C Cooperator Primary Response Area Map

D1 Forestry Radio Frequency List

D2 Cooperator Radio Frequency List

E List of Approved Fire Stores Loan

F Property Loss/Damage Report

G Fire Training Record

H Fire Experience Record

A. Apparatus Payment Rates & Condition of Hire.

The Cooperator will bill the State for reimbursement on all fires outside of the Primary Response Area but within the Discretionary Response Area using the rates of compensation specified in the Equipment Typing and Rate Guidelines and/or this Annual Operating Plan. The Cooperator in billing the State in accordance with the stipulations of this agreement for Direct Payment or Cooperator Reimbursement will also use these rates. Equipment rental rates for Mobilization Responses shall not exceed the published rate in the Equipment Typing and Rate Guideline and/or this Annual Operating Plan. See Attachment A-1 for list of apparatus.

Payment rates will be based upon the capacity in which the apparatus was being used, not on it's capability. Example: A 3,000 gallon tender with a 1,500 GPM pump, which is used as an Engine, shall be billed at the Engine rate, not the Tender rate. For responses within the Discretionary or Mobilization Response Area charges will start at the time of activation and continue until the vehicle is placed back into service in the Cooperator's response area. For responses within the Primary Response Area the State will reimburse the Cooperator for equipment time starting 4 hours after the time of activation and continue until the vehicle is placed back into service in the Cooperator's response area.

Special Apparatus Rates not incorporated into Equipment Rate Guideline:

Type 1 Engines (>1,000 gals or 1,500 GPM) $ ____/hr $____/day

Type 1 Tenders (>3,000 gals or 1,000 GPM) $ ____/hr $____/day

Ladder Truck $ ____/hr $____/day

Medic Unit/Ambulance $ ____/hr $ ____/day

Rescue/Extrication Truck $ ____/hr $____/day

Command/Utility Vehicle $ ____/hr $ ____/day

NOTE: Medical Unite - If a medic unit/ambulance is used to transport injured personnel, the rental rate is applied, and any additional rate(s) are applied based upon the type of medical care needed.

A Basic Life Support call is billed at $____, plus $____/mile, per patient.

An Advanced Life Support call is billed at $____, plus $____/mile, per patient.

These rates are to be used when patients are transported within the Primary or Discretionary Areas.

B. Personnel Pay Rates and Classification & Conditions of Hire.

The Cooperator will bill the State for all fires outside of the Primary Response Area but within the Discretionary Response Area using the following rates of compensation. These rates will also be used by the Cooperator in its billing in accordance with the stipulations of this agreement for Cooperator Reimbursement for Mobilization Responses:

Fire Department Chief Officer $___/hr

Safety Officer/ Other Officer $___/hr

Driver/Engineer (1 per vehicle) $___/hr

Firefighters (Minimum 1 per Tender, 2 per Engine) $___/hr

EMT (Minimum 2 per Rescue Medical Unit) $___/hr

Volunteer Firefighters (Min. 1 per Tender, 2 per Engine) $___/hr

For responses within the Discretionary or Mobilization Response Areas the above rates will be charged for the total time from dispatch until the personnel are released at the station. Absent unusual circumstances, release of personnel will occur after the vehicle (s), equipment, and tools have been returned to operational status. For responses within the Primary Response Area the State will reimburse the Cooperator for personnel time starting 4 hours after the time of activation and continue until they are released at the station. See Attachment B-1 for the list of qualified personnel.

Standard Emergency Fire Fighter (EFF) rates will apply for Direct Payment of fire department personnel hired by the State.

Travel time to and from the incident and subsistence, outside the Primary Response Area is also a reimbursable expense, pursuant to the Union Contract.

C. Designation of the Cooperator Primary Response Area. See Attachment "C-1".

The Primary Response Area of the Cooperator is defined as the area within 1,000 feet off of a road capable of safely supporting heavy equipment and within the legal service boundaries of the Cooperator per Attachment "C-1".

The Discretionary response area of the cooperator is defined as the entire Kenai Peninsula, when authorized to respond by the Mayor, or his designee.

The Mobilization response area is defined as any area outside of the Primary or Discretionary Response areas.

D. Inventory of Firefighting Resources.

State Resources - See Attachment "D-1"

Cooperator Resources - See Attachment "A-1"

State and Fire Department Command and Staff Officers, Contact Numbers - See Attachment"D-2"

E. Coordination of Prevention, Investigation and Public Education Efforts.

The State will provide the Cooperator with wildland fire prevention material to the extent possible. The Cooperator should submit orders to the Area Forester prior to the deadline for consolidated orders.

The State and the Cooperator will meet prior to the normal burn season of each year to coordinate prevention and public education programs.

The State and the Cooperator will provide wildland fire investigation services and enforcement actions mutually upon request.

The State will notify the Cooperator when it has been determined that Extreme Fire Danger Conditions exist.

The State and the Cooperator will share the State Open Burning Permit and Public Education Program.

F. Operational Procedures within the Primary Response Area.

(i). Fire Reporting.

Fires will normally be reported to the Fire Department through 9-1-1 Dispatch. Dispatch will initiate a response from the Cooperator, and shall notify the State, when the fire is in the Primary Response Area. If the fire call is received by the State, the State may initiate a response and shall dispatch the Cooperator through 9-1-1.

(ii). Fire Response and Notification Procedures.

The State and the Cooperator will both respond promptly under their own agency standard operating procedures for all calls in the Primary Response Area. There is a presumption of Unified Command for the management of wildland fire incidents. The first responding agency on-scene shall assume functional command of the incident until the arrival of the other responder, after which a Unified Command will normally be established. If only one party is required on scene the first responding agency shall have command of the incident and may release the other party. If the either party is in command and the other party is not on scene, the Incident Commander will provide an initial report by radio to Dispatch, which will forward the information to the other party.

The Cooperator or the State may, by mutual agreement, solely assume command of the incident, and shall be in command of personnel, fire apparatus and all other aspects of the fire suppression effort for the duration of the incident or until such resources are released. The Cooperator or the State officer may refuse to commit their personnel and resources to an unsafe situation, after notification of their concern to the Incident Commander.

The Cooperator may request that the State assume command of any wildland fire within the Primary Response Area at any time.

The State shall provide wildland fire suppression assistance to protect life and property without cost to the Cooperator within the Primary Response Area.

(iii). Fire Reports and Other Documentation.

The Cooperator or the State shall furnish a written fire report to the other party for each wildland fire in the Primary Response Area or Discretionary Response Area to which the other party did not respond. This report shall contain all the information required by the other agency's reporting requirements and be submitted within thirty (30) days after the response to the incident is completed. The State will allow the submission of the ANFIRS 5-0 report, via FAX to 260-4263, to fulfill this requirement. The ANFIRS reports should include all available information, a narrative, and a GPS reading to assist the state in identification of the property.

(iv). Burn Closures/Bans and Burning Suspensions.

Both the State and the Cooperator shall have the authority to suspend or ban open burning within the Primary Response Area upon notification of the other party. All burn permit suspensions shall be routed through the Division of Forestry, Kenai-Kodiak Area Office in Soldotna. The State may issue a Burn Closure as identified in statutes. The Cooperator may ban burning in accordance with the provisions of the Fire Code.

(v). Burn Permits

The Cooperator will issue burn permits where applicable, take burn permit applications at the fire station during regular business hours, and perform a site inspection if necessary.

G. Provisions, Conditions, and Methods for Fire Department Reimbursement

The Cooperator will prepare an Incident Report and an invoice billing for apparatus, personnel time and other allowable expenses pursuant to this Annual Operating Plan, within 30 days of the fire being declared out. Billings submitted by the Cooperator will include the total amount incurred in the following categories and shall be submitted to the Kenai-Kodiak Office:

1) Cost of firefighters at the rates listed in the Annual Operating Plan.

2) Charges for equipment and apparatus owned or under contract used to suppress the fire shall not exceed the rates specified in the Equipment Typing and Rate Schedule, or Annual Operating Plan specialized equipment rates. Any other direct expenditure including costs of reconditioning suppression equipment and apparatus.

3) Cost of the repair or replacement of equipment and apparatus damaged, destroyed or lost on a fire at fair market value. A Property Lost, Stolen or Damaged report documenting lost, stolen or damaged equipment or apparatus shall be attached. See Attachment F.

H. Mobilization Procedures for Cooperator Discretionary or Mobilization Responses.

The State shall contact the Fire Chief or his designee listed on Attachment "D-2" for the availability of Fire Department equipment and personnel. If necessary, the Cooperator shall secure additional approvals to mobilize for a response.

I. Personnel Qualification Requirements.

Cooperator firefighting personnel responding to wildland fires not involving Unified Command, or structures, in the discretionary or mobilization areas will have successfully completed at least the National Basic Wildland Firefighter (S-130/190), the Alaska Wildland Interface Firefighter, or equivalent training. Personnel hired by the State shall be red carded for the position(s) they are filling.

J. Training.

Training will be offered to the Cooperator without charge. It will be the intent of the State to provide to the extent possible training in all levels of wildland fire management consistent with the priorities and needs established in this plan.

1. In addition to the training described in Section 10 of the Cooperative Agreement, the State shall provide: (a) interested Cooperator personnel with training in the National Basic Firefighter Course, and (b) allow interested Cooperator personnel to attend other wildland fire training programs offered by the State, on a space available basis. The State and the Cooperator should familiarize their personnel in the operation of each other's equipment as part of the annual training.

2. The State will continue to work toward a program to certify cooperators as certified instruction personnel (train-the-trainer training).

3. The State will, as available, offer Cooperator personnel upper level fire management courses and support position courses for positions necessary during project fires in order to have adequate reserves to call upon.

4. The State will endeavor to meet with the Cooperator prior to preparation of the Annual Operating Plan to discuss the activities of the previous season, and to elicit the Cooperator's training needs for the coming season. Each year, the parties will endeavor to meet again to discuss the proposed training schedule of the Division of Forestry and agree upon the numbers of candidates that may attend specific courses.

5. The Cooperator will maintain training and experience records pertaining to wildland fire subjects. The Cooperator will be required to submit to the Kenai-Kodiak Area Forestry Office the experience records of its personnel (pertaining to wildland fire) on a form supplied by the Kenai-Kodiak Area Forestry Office. These records will be used as qualifying lists for the Cooperator's personnel to obtain red cards and higher levels of training. See Attachment G - Fire Training, and Attachment H - Experience Records.

6. The Cooperator and the State agree that from time to time it may be necessary to jointly conduct tests or exercises of response plans for either agency. The Cooperator and the State agree that they will assume workers compensation liability for their own personnel during such drills. If the Cooperator is outside of the Primary Response Area, the State agrees to reimburse the Cooperator for the cost of repair or replacement of equipment and apparatus damaged, destroyed or lost during any drills or exercise at fair market value, except for damage resulting from the sole negligence of another party. See Section G. 3).

K. Fire Stores

The State will loan fire stores to the Cooperator for use in suppressing wildland fires. The State will obtain from the Cooperator, prior to the burn season of each year, a list of equipment and supplies necessary for them to meet the requirements of this agreement. The loan of fire stores shall be documented on appropriate forms supplied by the State. The Cooperator will maintain the fire stores loaned under this agreement in an operable condition. The Cooperator may replenish consumable fire stores by providing a proper incident number. If non-consumable fire stores become broken, or otherwise unusable, the Cooperator will return the damaged item, along with a statement of how the item was damaged, to the State for repair or replacement. If an item becomes lost or damaged as a result of negligence by the Cooperator, then the Cooperator will be liable for replacement. The Cooperator agrees to return issued fire stores at the end of each wildland fire season by the date noted on the Fire Stores Issue, and to account for items not returned. A Property Lost, Stolen or Damaged report documenting lost, stolen or damaged equipment or apparatus shall be attached. See Attachment E.

L. Cooperator Specific Subjects and Issues.

(i) Radio Frequencies - See Attachment D.

(ii) Personnel Pay Rates and Compensation. Cooperators paid personnel shall remain employees of the Cooperator. On-call and off-duty personnel may be hired by the State as EFF, when approved by the Chief. The personnel pay rates and compensation described in Section B of this Annual Operation Plan shall be paid on all billable responses. In addition, the Cooperator may be incurring recall costs to replace missing personnel. Elevated costs of recalls are a reimbursable expense related to this Annual Operating Plan and the Cooperative Agreement. (Regular pay would be normal, but hiring back a replacement at time and � would have an elevated cost of replacement. The overtime component would be a billable cost.) Compensation to employees pursuant to the Cooperator's Personnel Regulations is also reimbursable expenses.

(iii) Borough resources. The State and the Cooperator agree that it is in the best interest of both parties that billing be consolidated whenever possible. The Cooperator will attempt to incorporate reimbursable expenses of the Kenai Peninsula Borough whenever reimbursable services or supplies or equipment are ordered by the State and supplied by the Cooperator. Examples of reimbursable expenses in this context include: GIS mapping services, Borough employees, and use of Borough facilities.

M. Effective Date and Termination.

This Annual Operating Plan shall be effective upon execution by both parties and shall continue in effect through December 31, 2004 unless terminated in accordance with this agreement. In the event a new Annual Operating Plan is not executed on or before March 1, 2005, this agreement shall continue in effect as written or modified until terminated or replaced by a new Annual Operating Plan. Either party may terminate this plan, without cause, thirty (30) days after written notice of intent to terminate has been served. Preparation, review, and/or modification of this Annual Operating Plan, shall normally be completed prior to April 1^st of each year.

N. Compliance Failure.

Failure of the Cooperator or the State to insist upon the strict compliance of any of the terms in this Plan shall not constitute a waiver by either of the parties of it's rights with respect to performance rendered thereafter or to insist upon full and strict compliance of the exact terms of this Plan.

O. Notice

All legal notices relating to this Plan, including change of address shall be mailed to the State and Cooperator at the following addresses:

State: Cooperator:

DNR, Division of Forestry Fire Chief

Kenai-Kodiak Area Office Central Emergency Services

42499 Sterling Highway 231 South Binkley

Soldotna, Alaska 99669 Soldotna, AK 99669

P. Severability

In the event a provision of this agreement is found to be unenforceable or void for any reason, it shall be considered as severed from this agreement, and the remaining portions of this agreement shall stand as if that portion had never been included in the agreement. In the event the unenforceable or void provision is legally essential to the continuing existence of the agreement, the parties shall attempt to substitute a reasonable replacement provision.

Cooperator: State of Alaska, DNR.

By:_________________________________ By:_________________________________

Borough Mayor Area Forester

Date:_______________________________ Date:_______________________________

Attest

By:_________________________________

Borough Clerk

Date:________________________________

Central Emergency Services

By:_________________________________

Chief, Fire Department

Date:________________________________