MEMORANDUM OF UNDERSTANDING Between United States Department of the Interior Aviation Management Directorate And The State of Wyoming State Forestry Division Article I. Purpose This Memorandum of Understanding (MOU) prescribes the procedures and guidelines by which the State of Wyoming State Forestry Division (hereafter referred to as the State), may provide aircraft services in support of fire control and related activities. Additionally, this MOU prescribes procedures for payment for use of State aircraft by Department of Interior (DOI) Bureau of Land Management (BLM), National Park Service (NPS), Bureau of Indian Affairs (BIA), and the U.S. Fish and Wildlife Service (USFWS). Article II. Authority This support agreement is entered into pursuant to authorities contained in the following: Cooperative Fire Management Agreement between the above listed DOI agencies and the State; DOI Manuals 350-354 as appropriate; Aviation Management Directorate (AMD) Operational Procedures Memorandum (OPM) Wyoming State Law Statute 36-2-108 Public Law 106-181 Intergovernmental Cooperation Act of 1968 Article Ill. Scope The scope of this MOU is to include all the Fire Protection Areas within the State of Wyoming and mutual aid boundary areas. Article IV. Statement of Work DOI agencies and the State provide for mutual assistance and support in fire prevention, fire control and related activities as specified in various sections of the Wildland Cooperative Fire Control Agreement and the supporting authorities. DOI policy requires all aircraft services required by DOI bureaus (other than seat fare on flights with scheduled air carriers) be acquired through the AMD procurement process to ensure the supplier of such services meets the operating and safety standards determined to be minimally acceptable for DOI flight activities. Article V. Terms Aircraft and aircraft services provided by the State under the terms of this agreement shall be furnished consistent with the operating standards prescribed in the Aircraft Rental Agreement (ARA) for commercial operators, to include General Requirements, External Load Including Long Line (Supplement No. 1), Interagency Fire Helicopter Requirements (Supplement No. 2), and Fuel Servicing Vehicle (Supplement No. 8). (See attachments I, II, III and IV). The State will annually provide AMD Western Region Director with a listing of those persons and aircraft to be inspected, and proposed State aircraft and pilot billing rates. This listing will be updated annually and the State will be visited on an annual basis for the purpose of inspection of aircraft, pilots and related equipment in coordination with the U.S. Forest Service (USFS). AMD, Western Region will at least annually issue a letter listing approved State contracted personnel, aircraft and equipment that meet the standards in the attachments. A copy of this letter will be carried aboard all approved aircraft and made available upon request. It will be the responsibility of the DOI using agency to ensure that only personnel and aircraft approved are utilized. Only DOI personnel essential to the mission will be transported in State aircraft. The State will provide the requesting DOI agency with a passenger manifest for each flight taken on behalf of the DOI agencies. The DOI agencies and the State will develop aircraft service request procedures that are mutually acceptable to both agencies and meet the use and record retention requirements of Public Law 106-181 which governs the use of such aircraft. Article VI. Key Officials This MOU is entered into by and between the AMD, Western Region and State officials listed below. Bill Crapser, Wyoming State Forester Steve R. Smith, Director, Western Region, AMD Ray Weidenhaft , Wyoming Fire Management Officer Chris Fallbeck, Assistant Wyoming District Forester David Monington, Wyoming Helicopter Manager Article VII. Reimbursement Reimbursement for the use of State aircraft will be accomplished through an OAS form 23. The DOI bureau ordering state services will provide this information and submit to Aviation Management Finance. The information in Attachment III supports this process. All flight time will be captured on form OAS-23. Non-revenue flights will be noted "Not for payment purposes" in the remarks section. Article VIII. Discrimination During the performance of this agreement, the participants agree to abide by the terms for non- discrimination and will not discriminate against any person because of race, color, religion, sex or national origin. The participants will take affirmative action to ensure that applicants are employed without regard to their race, color, religion, sex or national origin. Article IX. Officials Not to Benefit No member of or delegate to Congress, or resident commissioner, shall be admitted to any share or part of this agreement, or to any benefit that may arise there from, but this provision shall not be construed to extend to this agreement if made with a corporation for its general benefit. Article X. Agreement Period & Termination This Memorandum of Understanding shall become effective upon the signatures of the parties involved and remains in effect until terminated. Any party may terminate this agreement upon presentation of a 60- day written notice to the other party. The provisions of this MOU may be amended at any time upon mutual agreement of both parties. This MOU shall be reviewed at least every three years at a meeting of all parties. APPROVED: DOI, Aviation Management Directorate State of Wyoming State Forestry Division By /s/ Steve R. Smith___________ By __/s/ Bill Crapser__________ Steve R. Smith Bill Crapser Title: Director, Western Region AMD Title: Wyoming State Forester Date: __7/10/05____________ Date: __7/5/05_______________ WYOMING ATTORNEY GENERAL’S OFFICE APPROVAL AS TO FORM: /S/ Stephanie Anesi STEPHANIE ANESI ASSISTANT ATTORNEY GENERAL DATE: July 05, 2005 Attachment IV AIRCRAFT RENTAL AGREEMENT PROVISIONS: SUPPLEMENT NO.8 FUEL SERVICING VEHICLE B8.8.1 FUEL AND SERVICING REQUIREMENTS: GENERAL B220.127.116.11 All fuel must be commercial (or military) grade aviation fuel approved for use by the airframe and engine manufacturer. Only fuels meeting American Society for Testing and Material (ASTM) or Military specifications are authorized for use. ASTM D-1655 (Jet A, A-i, or B), Mil T5624 (JP-4, JP-8, JP-5), ASTM-D-910 or MIL T-910 (Grade 80,100,or l00LL) B8.8.1 .2 Vendors obtaining bulk fuel directly from distributors shall determine that fuel delivered to the Vendor's vehicle or storage tanks meets the specifications of paragraph B18.104.22.168. The current fuel delivery ticket shall be kept with the fuel delivery vehicle. B22.214.171.124 Fueling operations, including storage and handling shall comply with the airframe and engine manufacturer's recommendations and all applicable FAA standards. The Vendor shall have a fuel quality assurance program. The National Fire Protection Association fuel-handling handbook shall be used as a guide, except that no passengers shall be on board the aircraft during fueling operations. Copies of "Aircraft Fuel Servicing", NFPA Manual #407, can be obtained from the National Fire Protection Association, Batterymarch Park, Quincy, MA 02269. Maintenance and security of fuel storage and fueling facilities are the Vendor's responsibility. B126.96.36.199 Fuel shall pass through a filtering system as outlined in section B8.8.4 in accordance with the filter manufacturer's recommendations. B8.8.2 FUEL SERVICING VEHICLE: GENERAL B8.8.2. 1 As Stated in the contract terms and conditions of this document, the vendor shall comply with all applicable federal, State, and local laws, Vendor fuel servicing vehicles must meet all requirements of 49 CFR applicable to the type of fuel being transported. NOTE: 49 CFR 171.1(c) pertains to persons under contract to the federal government. B188.8.131.52 The Vendor shall supply a fuel-servicing vehicle when necessary to support operations. The fuel-servicing vehicle shall be approved annually by the government. The fuel-servicing vehicle shall display a current USDI/OAS or USDNFS inspection sticker. This approval/inspection sticker is only an indication that the vehicle meets the additional equipment requirements of this procurement, and in no way indicates that the vehicle meets any requirement of 49 CFR. B184.108.40.206 Fuel servicing vehicles shall be properly maintained, clean, and reliable. Tanks, plumbing, filters, and other required equipment shall be free of rust, scale, dirt, and other contaminants. All leaks shall be repaired immediately. B220.127.116.11 All tanks will be securely fastened to the vehicle bed and shall have a sump or sediment settling area. B18.104.22.168 Filter and pump sizes shall be compatible with the helicopter being serviced. The fuel-servicing vehicle shall, at a minimum, provide a 10-gallon per minute flow rate measured at the nozzle. B22.214.171.124 Gasoline engine driven pumps shall have a shielded ignition system and an approved spark arrestor muffler. All refueling pumps regardless of power source shall be listed for use with petroleum products. (UL, FM, etc.) B8.8.3 FUEL SERVICING VEHICLE: EQUIPMENT B126.96.36.199 Each aircraft fuel servicing tank vehicle shall have two fire extinguishers, each having a rating of at least 20-B:C: with one extinguisher mounted on each side of the vehicle. Extinguishers shall comply with NFPA 10 Standards for Portable Fire Extinguishers B188.8.131.52 Tanks erected for above ground storage, and tanks mounted on vehicles shall be designed to allow contaminants to be removed from the sediment settling area. B184.108.40.206 Only hoses compatible with the aviation fuel being serviced will be used. Hoses shall be kept in good repair. B220.127.116.11 The fuel nozzle shall include a 100 mesh or finer screen, a dust protective device, and a bonding cable with clip or plug. Nozzle hold open devices are not permitted. B18.104.22.168 An accurate fuel-metering device for registering quantities in U.S. gallons of fuel pumped shall be provided. The meter shall be visible to the fuel handler while servicing the aircraft. B22.214.171.124 Fuel servicing vehicles shall have adequate bonding cables and they shall be utilized in accordance with NFPA Manual #407. B126.96.36.199 Fuel servicing vehicles shall carry sufficient petroleum product absorbent pads or materials to absorb or contain a five-gallon petroleum spill. The Vendor is responsible for proper disposal of all products used in the cleanup of a spill in accordance with the EPA (40 CFR Part 261 and 262). B8.8.4 FUEL SERVICING VEHICLE: FILTERING SYSTEM B8.8.4. 1 Filtration must be sized to withstand fuel system pressures and flow rates. B188.8.131.52 The filter manufacturer's Operating, Installation, and Service Manual shall be with the fuel- servicing vehicle and followed B184.108.40.206 Filtration must meet one of the following qualifications: Institute of Petroleum (I P), API 1581, or MIL-F-8901E. Some examples of IP qualified elements are Velcon CDF 210K, CDF 220K, ACO 51201 K, ACO 21201 K. ACO 4OSOISPK, and ACO 409015PK. B220.127.116.11 The filter vessel shall be placarded indicating the filter change date. Spare filters shall be available to allow periodic and emergency filter changes B18.104.22.168 Fuel transfer systems must have a pressure gage installed upstream of the filter vessel. B22.214.171.124 Differential pressure gages must be installed on refueling systems if required by the filter manufacturer or in systems operating at 25P51 and above. B126.96.36.199 If equipped with a drain, the bottom of the filter assembly shall be mounted to allow room for draining and pressure flushing into a container. If the unit is drained overboard, the fuel shall not come in contact with the exhaust system or the vehicle's wheels. If the unit is equipped with a water sight gauge, the balls shall be visible. B188.8.131.52 Three-Stage (filter, water separator, monitor) Systems (API 1581 or MIL-F-8901E qualified). Fueling systems shall utilize a three-stage system such as a Facet Part Number 050970 M2 for 20 gallons per minute pump, or equal. A Facet Part Number 050971-M2 for a 10 gallon per minute pump, or equal. An acceptable third stage (monitor) unit is Velcon CDF 220E for 20-gpm flow or Velcon CDF 210E for 10 gpm systems. B184.108.40.206 Single-Stage System or Three-In-One Filter Canister Systems (IP qualified) shall utilize a single element system such as a Vel con filter canister with Aquacon cartridge of a size compatible with pumps flow rate. Examples: Velcon VF-61 canister with an ACO-51201-B cartridge for 50 to 60 GPM flow rate or ACO-405015P for 10 to 15 GPM flow rate. B8.8.4. 10 A spare filter, seals, and other spare components of the fuel-servicing vehicle filtering system shall be stored in a clean, dry area within the fuel-servicing vehicle B8.8.5 FUEL SERVICING VEHICLE: MARKINGS B220.127.116.11 Each fuel-servicing vehicle shall have "NO SMOKING" signs with three-inch minimum letters visible from both sides and rear of vehicle. B18.104.22.168 Each fuel-servicing vehicle shall be conspicuously and legibly marked to indicate the fuel grade. The markings shall be on each side and the rear in letters at least three inches high on a background of a sharply contrasting color such as Avgas by grade or jet fuel by type. Examples: Jet-A white on black background or Avgas 100 white on green background. B8.8.6 FUEL SERVICING VEHICLE: OPERATIONS B22.214.171.124 Government personnel shall not be involved with refueling of agreement aircraft. B126.96.36.199 Smoking is prohibited within 50 feet of the aircraft and fuel servicing vehicles. B8.8.7 FUEL SERVICING VEHICLE: DRIVER DUTY LIMITATIONS B188.8.131.52 Fuel Servicing Vehicle Drivers shall comply with Department of Transportation (DOT) Safety Regulation 49 CFR Parts 390-399, including duty limitations. It is the Vendor's responsibility to insure that employees comply with DOT regulations. The fuel servicing vehicle driver shall have a minimum of two (2) full calendar days of rest (24-hour periods in Alaska) during any 14-day period. Oft duty days need not be consecutive. B184.108.40.206 The fuel servicing vehicle driver will be responsible for keeping the Government apprised of his/her duty limitation status. B220.127.116.11 Relief or substitute fuel servicing vehicle drivers reporting for duty under any contract may be required to furnish a record of all DOT duty time during the previous 14 days. B18.104.22.168 Fuel servicing vehicle drivers may be removed from duty for fatigue or other causes created by unusually strenuous or severe duty before reaching duty limitations. Attachment V PAYMENT PROVISIONS I. Measurement of Flight Time A. Helicopters shall have one flight meter (Hobbs Model N-1-69 or equal). The meter shall be wired in series with the collective control, and a switch activated by engine or transmission oil pressure or equivalent system to record flight time only. B. Airplane flight time shall be measured from the time the aircraft commences its takeoff roll until it returns to the blocks and will be computed in hours and tenths/hundredths. A table is contained within the OAS-23. II. Payment for Flight Time Payment will be made for all flights ordered by DOI and flown by the State at mutually agreed upon rates identified in this attachment, these rates will be updated annually by the State. Ill. Subsistence Allowance Subsistence will be allowed for each authorized crewmember, for each overnight, including mandatory days off, when operating away from the State’s base of operations. Subsistence will be paid in accordance with Federal Travel Regulations. IV. Airport Use Costs The Federal Government will reimburse the State for any necessary airport use costs, such as landing fees, tie down charges or similar costs. The State is required to pay when ordered to operate from an airport other than a State base of operation. Such costs shall be supported by paid itemized invoices. V. Fuel Supply Expense It is the State’s responsibility to provide fuel at no additional cost to the Federal Government. If the Federal Government furnished fuel is provided, payments to the State will be reduced by computing the gallons provided time the fuel costs based upon commercial rates at the nearest point fuel is commercially available to the work site. VI. Payments A. It is hereby agreed that inclusion of unit prices and extended prices for services performed will be accomplished by the designated paying office based upon established agreement prices in this attachment. B. Instructions for proper completion of form(s) OAS-23 are contained in the OAS-23 booklet. VII. State Contracted Aircraft Rates –See attached for current rates A. Airplane Flight Rate Hourly Airplane Flight Rate Fixed Wing Pilot Rate _________ Total Aircraft with Pilot Rate B. Helicopter Flight Rate Hourly Helicopter Flight Rate Helicopter Pilot Rate _________ Total Helicopter with Pilot Rate C. Annual Rate Updates As identified in Article IV of the MOU, the State will annually provide AMD Western Region Director proposed State aircraft and pilot Billing Rates. Those annual rate updates will be incorporated in this Attachment by reference. 2005 Rates for State of Wyoming Division of Forestry Fixed Wing: Piper Cheyenne II, N345DF $955.20 per flight hour Rotor Wing: Bell UH-1H, N545DF & N987SF $1786.80 per flight hour The stand-by rate is the actual hourly flight rate for an aircraft and may be charged when the aircraft is held more than 2 hours beyond the end of the initial attack phase of an incident and the aircraft has not been returned to Wyoming State Forestry control.