Oregon Department of Forestry Equipment & Personnel Rate Guide 2019 Finance i Table of Contents Page Definitions 1 General Provisions 2 - 4 Payment Provisions 5 - 8 Responsibilities and Procedures 9 - 10 Forms, Filing System, and Supply 10 - 11 Emergency Personnel Rates 12 - 19 Heavy Equipment Rates 20 - 25 Water Handling Rates 26 - 27 Support Equipment Rates 27 - 28 Mileage and Hours Chart 29 - 32 Finance ii Definitions Administratively Determined (AD)/Emergency Hire Employee: An individual who is hired at the AD Wage Rate and paid directly by the Oregon Department of Forestry (ODF) when extra capacity is required to meet the objectives of an incident. Check-In Form: Required documentation that records resource information such as: resource order number, contact information, equipment type, and rate of pay. Required for contract crews, equipment, and overhead personnel. Must be signed by vendor/operator. District Business Manager (DBM): The ODF staff person responsible for all incident business related matters in each district. Previously titled Office Manager or OM. Guarantee: For each calendar day that heavy equipment is under hire, the amount earned for that day will be no less than 2.5 hours. OF 286: Summarized emergency equipment invoice. All time recorded on equipment shift tickets will be posted on this form. Signature is required for payment. OF 288: Summarized emergency personnel invoice. All time recorded on shift tickets will be posted on this form. Signature is required for payment. On Shift (Compensable) Time: Employees are compensated for on shift time. On shift time includes travel to and from the point of hire and/or other travel necessary for the performance of work (such as from base camp to fire line), actual hours worked, and time when an individual is held, by direction or ordered, to a specific location fully outfitted, and ready for assignment. Point of Hire: Normally, the location of the equipment at the time the resource is requested from the Vendor. Time Under Hire: A period that begins when the equipment/personnel is expected to depart its point of hire to arrive at the incident by the requested arrival time. The notification of release is the ending of time Under Hire and does not include return travel to point of hire. (Note: Time Under Hire is not the same as Compensable/On-Shift time.) Travel Time: Reasonable time where resources are traveling to the incident camp from a point of hire or returning to their point of hire from incident camp. Vendor: Owner/agent of the equipment. Wet rate: All AD equipment is hired wet: The owner is responsible to furnish, fuel, oil, filters, lube/oil changes, including other necessary maintenance and repairs due to ordinary use on an incident. Work Rate: Agreed to hourly/mileage rate as defined in ODF Emergency Equipment and Personnel Rates. Finance 1 General Provisions CONDITION OF EQUIPMENT All equipment under an equipment rental agreement must be in acceptable condition. The Oregon Department of Forestry (ODF) reserves the right to reject equipment that is not in safe and operable condition. Equipment that is determined to be in unsafe, or inoperable condition will not be reimbursed for travel and is not considered under hire. ADVERSE CONDITIONS Equipment/Apparatus hired may be operated and subjected to extreme environmental conditions such as unimproved roads, steep, hilly, rocky terrain, and subject to extreme heat, dust, and smoky conditions. OPERATING SUPPLIES Even though all operating supplies are to be furnished by the resource, ODF may, at its option, elect to furnish such supplies when necessary to keep the equipment operating. The cost of such supplies shall be deducted from payment to the Vendor. REPAIRS Repairs to equipment shall be made and paid for by the resource. ODF may, at its option, elect to make such repairs when necessary to keep the equipment operating. The cost of such repairs shall be deducted from payment to the Vendor. FUEL All equipment hired under this agreement is hired WET – (with fuel). ODF may elect to furnish fuel and/or operating supplies when necessary to keep equipment operating. These costs will be deducted from payment to the Vendor in accordance with wet or dry rate specification. Itemized copies of all charges or deductions will be provided to the Vendor. SUBSISTENCE When ODF incident camps are available, meals and tent site areas for Vendor/resource operator(s) may be furnished without charge. No pay deduction is made for fire camp meals, unless ordered as self-sufficient, as documented on the resource order. LOSS, DAMAGE, OR DESTRUCTION The check in form provides for primary property coverage for damage to, or loss of equipment rented or leased, and excess liability coverage under obligation in a legal agreement written under ORS 477.410. Finance 2 RESPONSIBILITY FOR PROPERTY AND PERSONAL DAMAGES Except as specified in the ODF Emergency Equipment Rental Rates and ORS 477.406, all coverages remain subject to the terms of the Property Self Insurance Policy Manual, and the Liability Self Insurance Policy Manual, 125-150, and ORS 30.260. COMPLIANCE WITH STATE AND FEDERAL LAWS Oregon state agencies and certain political subdivisions are prohibited from entering into contract with providers of goods and/or services who are in violation of “any Oregon tax law.” “Any Oregon tax law” includes ORS Chapters 118, 119, 314, 316, 317, 318, 320, and 323 and sections 10 to 20, Chapter 533, Oregon Laws 1981, as amended Chapter 16, Oregon Laws 1982 (first special session); the Homeowners and Renters Property Tax Relief, Department of Revenue, OMA, ORS 305.610. MINIMUM PROTECTIVE CLOTHING REQUIREMENTS FOR FIREFIGHTERS When AD hired employees are called upon to fight wildland fire, they shall wear the following protective clothing: Pants and long sleeve shirt. 8-inch high top leather lace-up boots or other suitable footwear. The sole and heel of the boots shall be of slip resistant material. Hand protection of at least cotton gloves. Head protection from an approved hard hat meeting the OR-OSHA Forest Activity Standard Z89.1-1997, Protective headgear for Industrial Workers Requirements. Such headwear shall be hard hats of a high-visibility color, which contrasts with the background color(s), to enable equipment operators to readily see them. When employees are required to wear such special protective clothing, other than the basic listed protective clothing, the employer at no cost shall provide all special clothing and equipment to the employee. TRAVEL TIME When fire camp is provided, daily travel to camp from a place of residence and back is not reimbursable. Mileage is compensable for one trip from point of hire to camp and one trip from camp to point of hire per incident. If fire camp has not been established, an Equipment Operator and/or Lowboy/Transport Driver may use their chase vehicle to travel to and from the fire (leaving their equipment on the fire); those individuals’ travel time will be paid at the Equipment Operator or Lowboy/Transport Driver rate during this travel to and from the fire. Finance 3 POSITION REQUIREMENTS It is the expectation that all personnel come qualified as ordered. On a wildland incident, an incident qualification card is required for Strike Team Leader trainee and above regardless of pay status (career vs. volunteer). Volunteer personnel desiring reimbursement higher than FF2 will need to meet or exceed the standards as set out in PMS 310-1 and provide their qualification card (red card). Trainee positions below Strike Team Leader will be paid at the highest level carded. Personnel mobilized to an incident must be: Minimum of 18 years old; Trained, qualified, and experienced in the positions for which they are mobilized; Fully equipped with required personal protective equipment (PPE) and safety equipment that meets the requirements under OAR 437-06-080 (1) , directive 1-0-1-401for the assignment they are ordered, including physically conditioned and fit to perform the tasks assigned. Wildland Response: Line personnel shall meet all of the requirements and physical fitness qualifications for the position of NWCG Firefighter 2, or as specified in OAR 437-06-080 and have completed the annual refresher and fire shelter training. Overhead positions must meet requirements as set forth in PMS 310-1 for the position they are ordered unless otherwise authorized by the Incident Action Plan. INDEPENDENT CONTRACTOR STATUS The service or services to be rendered under this Agreement are those of an independent contractor. Contractor is not an officer, employee or agent of the State or government as those terms are used in ORS 30.265. INDEMNITY/HOLD HARMLESS Contractor shall defend, save, hold harmless and indemnify the State and ODF, their officers, agents and employees from and against all claims, suits, actions, losses, damages, liabilities, costs and expenses of any nature whatsoever relating to, resulting from, or arising out of the acts or omissions of the Contractor or its officers, employees, subcontractors or agents under this Agreement. PERMITS AND RESPONSIBILITIES Contractor shall without additional expense to the State or government, be responsible for obtaining any necessary licenses and permits, and for complying with any applicable federal, State and municipal laws, codes and regulations. Finance 4 Payment Provisions PERSONNEL- (AD) HIRES AD hires are considered ODF employees and will be paid the current year’s Emergency Equipment and Personnel Rates as adopted by the Oregon Department of Forestry. Any changes in rates must be accompanied by written justification from the Incident Commander, Division Supervisor, or Finance Section Chief. INDUSTRIAL HIRES If accepted by an authorized agency representative, actual logging company industry rates for currently employed forest activity workers will be reimbursed to the company upon receipt of invoice. Reimbursement of actual salaries and other payroll expenses will be made directly to the company.