Memorandum of Agreement for Bonding a Vehicle by bjn18321

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									                            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

B8.8.1.1 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 B8.8.1.1. The current fuel
delivery ticket shall be kept with the fuel delivery vehicle.

B8.8.1.3 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.

B8.8.1.4 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.

B8.8.2.2 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.

B8.8.2.3 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.

B8.8.2.4 All tanks will be securely fastened to the vehicle bed and shall have a sump or sediment settling
area.

B8.8.2.5 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.
B8.8.2.6 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

B8.8.3.1 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

B8.8.3.2 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.

B8.8.3.3 Only hoses compatible with the aviation fuel being serviced will be used. Hoses shall be kept in
good repair.

B8.8.3.4 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.

B8.8.3.5 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.

B8.8.3.6 Fuel servicing vehicles shall have adequate bonding cables and they shall be utilized in
accordance with NFPA Manual #407.

B8.8.3.7 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.

B8.8.4.2 The filter manufacturer's Operating, Installation, and Service Manual shall be with the fuel-
servicing vehicle and followed

B8.8.4.3 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.

B8.8.4.4 The filter vessel shall be placarded indicating the filter change date. Spare filters shall be
available to allow periodic and emergency filter changes

B8.8.4.5 Fuel transfer systems must have a pressure gage installed upstream of the filter vessel.

B8.8.4.6 Differential pressure gages must be installed on refueling systems if required by the filter
manufacturer or in systems operating at 25P51 and above.
B8.8.4.7 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.

B8.8.4.8 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.

B8.8.4.9 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

B8.8.5.1 Each fuel-servicing vehicle shall have "NO SMOKING" signs with three-inch minimum letters
visible from both sides and rear of vehicle.

B8.8.5.2 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

B8.8.6.1 Government personnel shall not be involved with refueling of agreement aircraft.

B8.8.6.2 Smoking is prohibited within 50 feet of the aircraft and fuel servicing vehicles.

B8.8.7 FUEL SERVICING VEHICLE: DRIVER DUTY LIMITATIONS

B8.8.7.1 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.

B8.8.7.2 The fuel servicing vehicle driver will be responsible for keeping the Government apprised of
his/her duty limitation status.

B8.8.7.3 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.

B8.8.7.4 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.

								
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