HomeMy WebLinkAboutILA - Washington State Department of Natural Resouces (DNR) Mutual Fire Aid from July 2022 to July 2027
Agreement No. 93-103823 1 of 11
INTERAGENCY AGREEMENT
DEPARTMENT OF NATURAL RESOURCES (DNR) and
Pasco Fire Department
NO. 93-103823
PI: 221, 222, 223, 224
Funding Source: State
Grant Funded: ☐ Yes ☒ No
COVID 19 Contractor Vaccination Declaration required ☐ yes
☒ No, the work performed is not subject to Proclamation Requirements.
This Agreement is made and entered into between the Washington State Department of Natural
Resources, hereinafter referred to as DNR, and the below named District/RFA/Department
hereinafter referred to as Pasco Fire Department .
DNR and Pasco Fire Department enter into this agreement under Chapter 39.34, Interlocal
Cooperation Act.
Pasco Fire Department
1011 E Ainsworth St.
Pasco, WA 99301
Phone: (509) 545-3426
FAX: (509) 543-5717
Email: gearb@pasco-wa.gov
IT IS MUTUALLY AGREED THAT:
1.0 Purpose. The limited purpose of this Agreement is for Pasco Fire Department to provide
employees, referred to as single resources, equipment, material and/or services for wildfire or
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other emergency response and to establish DNR’s payment and reimbursement responsibilities to
Pasco Fire Department for providing such single resources, equipment material and/or services.
Dispatches under this agreement are limited to the State of Washington, unless the single
resource is rostered on a Pacific Northwest Incident Management Team (IMT) type 1, 2 or 3.
2.0 Scope of Work. The Pasco Fire Department shall furnish the necessary personnel,
equipment, material and/or services and otherwise do all things necessary for or incidental to
perform work set forth in the Attachment A – Scope of Work.
3.0 Period of Performance. The period of performance of this Agreement shall begin on
July 15, 2022, and end on July 15, 2027, unless terminated sooner as provided herein.
4.0 Billing Procedures. Pasco Fire Department shall submit invoices within sixty (60) days
of the last date of demobilization. Payment for approved goods and/or services will be made by
check, warrant or account transfer within 30 days of receipt of the invoice and required
documentation. Upon expiration of the Agreement, invoices shall be paid, if received within 30
days after the expiration date. However, invoices for all work done within a fiscal year must be
submitted within 30 days after the end of DNR’s fiscal year, which is June 30th.
Each invoice submitted to DNR shall include information needed by DNR to determine the
actual expenditures to be reimbursed and the exact nature of all approved expenditures for
services provided. Invoices & billing packages shall be prepared according to the requirements
outlined in Attachment A
5.0 Records Maintenance. Pasco Fire Department shall maintain books, records, documents
and other evidence, to sufficiently document all direct and indirect costs incurred by Pasco Fire
Department in providing the services. These records shall be available for inspection, review, or
audit by personnel of the DNR, other personnel authorized by the DNR, the Office of the State
Auditor, and federal officials as authorized by law. Pasco Fire Department shall keep all books,
records, documents, and other material relevant to this Agreement for the retention period
established under the applicable Washington State Records Retention Schedule. The Office of
the State Auditor, federal auditors, and any persons authorized by the parties shall have full
access to and the right to examine any of these materials during this period.
Records and other documents in any medium furnished by one party to this agreement to the
other party, will remain the property of the furnishing party, unless otherwise agreed. The
receiving party will not disclose this material to any third parties without first notifying the
furnishing party and giving it a reasonable opportunity to respond. Each party will use
reasonable security procedures and protections to assure that records and documents provided by
the other party are not erroneously disclosed to third parties.
6.0 Independent Capacity. The employees or agents of each party who are engaged in
performing this Agreement shall continue to be employees or agents of that party and shall not
be considered for any purpose to be employees or agents of the other party.
7.0 Amendments. This Agreement may be amended by mutual agreement of the parties.
Amendments shall be in writing and signed by personnel authorized to bind each of the parties.
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8.0 Termination for Convenience. Either party may terminate this Agreement upon 30
calendar days’ prior written notice to the other party. If this Agreement is terminated, the parties
shall be liable only for performance rendered or costs incurred in accordance with the terms of
this Agreement prior to the effective date of termination.
9.0 Termination for Cause. If for any cause either party does not fulfill in a timely and
proper manner its obligations under this Agreement, or if either party violates any of the terms
and conditions, the aggrieved party will give the other party written notice of the failure or
violation. The aggrieved party will give the other party 15 working days to correct the violation
or failure. If the failure or violation is not corrected within 15 days, the aggrieved party may
immediately terminate this Agreement by notifying the other party in writing.
10.0 Disputes. If a dispute arises, each party will make a good faith effort to resolve issues at
the lowest possible level in their respective agencies. If they cannot resolve an issue, they will
elevate the issue within their respective chains of command to resolve it.
ALTERNATE DISPUTE RESOLUTION. In the event of any issue of controversy under this
agreement, the parties may pursue Alternate Dispute Resolution procedures to voluntarily
resolve those issues. These procedures may include, but are not limited to, conciliation,
facilitation, mediation, and fact finding.
11.0 Governance. This contract is entered into the authority granted by the laws of the State
of Washington and any applicable federal laws. The provisions of this agreement shall be
construed to conform to those laws.
If there is an inconsistency in the terms of this Agreement, or between its terms and any
applicable statute or rule, the inconsistency shall be resolved by giving precedence in the
following order:
(1) Applicable federal statutes and rules, that supersede applicable State of
Washington statutes and regulations;
(2) State of Washington statutes and regulations
(3) Scope of Work; and
(4) Any other provisions of the agreement, including materials incorporated by
reference.
12.0 Assignment. The work to be provided under this Agreement and any claim arising from
this Agreement cannot be assigned or delegated in whole or in part by either party, without the
express prior written consent of the other party. Neither party shall unreasonably withhold
consent.
13.0 Waiver. A party that fails to exercise its rights under this agreement is not precluded
from subsequently exercising its rights. A party’s rights may only be waived through a written
amendment to this agreement.
14.0 Severability. The provisions of this agreement are severable. If any provision of this
Agreement or any provision of any document incorporated by reference should be held invalid,
the other provisions of this Agreement without the invalid provision remain valid.
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15.0 Responsibilities of the Parties/Indemnification.
DNR shall indemnify and hold harmless the Pasco Fire Department from all claims, costs,
damages or expenses arising out of the negligent acts or omissions of DNR. Likewise, the Pasco
Fire Department shall indemnify DNR from all claims, costs, damages or expenses arising out of
the negligent acts or omissions of the Pasco Fire Department. In the case of negligence of both
the
Pasco Fire Department and DNR, any damages shall be levied in proportion to the percentage of
negligence attributable to each party. For this purpose, each party by mutual negotiation, hereby
waives any immunity that would otherwise be available against such claims under the industrial
insurance provisions of Title 51 RCW.
16.0 Insurance. Before using any of said rights granted herein and its own expense, Pasco
Fire Department shall purchase and maintain, [optional: or require its agent(s)/subcontractor to
purchase and maintain,] the insurance described below for the entire duration of this Agreement.
Failure to purchase and maintain the required insurance may result in the termination of the
Agreement at DNR’s option.
All insurance provided in compliance with this Agreement shall be primary as to any other
insurance or self-insurance programs afforded to, or maintained by, the State of Washington,
Department of Natural Resources.
Pasco Fire Department shall provide DNR with certificates of insurance, executed by a duly
authorized representative of each insurer, showing compliance with the insurance requirements
specified in this Agreement before using any of said rights granted herein. The description
section of the certificate shall contain the Contract Number and the name of the DNR Project
Manager. Pasco Fire Department shall also provide renewal certificates as appropriate during the
term of this Agreement.
Pasco Fire Department shall include all subcontractors and agents as insured under all required
insurance policies or shall provide separate certificates of insurance for each subcontractor or
agent. Failure of Pasco Fire Department to have its subcontractors and agents comply with the
insurance requirements contained herein does not limit Pasco Fire Department’s liability or
responsibility.
INSURANCE TYPES & LIMITS: The limits of insurance, which may be increased by State,
as deemed necessary, shall not be less than as follows:
Commercial General Liability (CGL) Insurance: Pasco Fire Department shall purchase and
maintain commercial general liability insurance with a limit of not less than $2,000,000 per each
occurrence. If such CGL insurance contains aggregate limits, the general aggregate limits shall
be at least twice the "each occurrence" limit, and the products-completed operations aggregate
limit shall be at least twice the "each occurrence" limit. All insurance must cover liability arising
out of premises, operations, independent contractors, products completed operations, personal
injury and advertising injury, and liability assumed under an insured contract (including the tort
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liability of another party assumed in a business contract) and contain separation of insured
(cross-liability) condition.
Employer's liability ("Stop Gap") Insurance: Pasco Fire Department shall purchase and maintain
employer’s liability insurance and if necessary, commercial umbrella liability insurance with
limits not less than $2,000,000 each accident for bodily injury by accident and $2,000,000 each
employee for bodily injury by disease.
Business Auto Policy (BAP) Insurance: Pasco Fire Department shall purchase and maintain
business auto insurance and if necessary, commercial umbrella liability insurance with a limit of
not less than $2,000,000 per accident, with such insurance covering liability arising out of "Any
Auto". The policy shall be endorsed to provide contractual liability coverage and cover a
“covered pollution cost or expense.” Pasco Fire Department waives all rights of subrogation
against State for the recovery of damages to the extent they are covered by business auto liability
or commercial umbrella liability insurance.
Industrial Insurance (Workers Compensation): Pasco Fire Department shall comply with Title 51
RCW by maintaining workers compensation insurance for its employees. Pasco Fire Department
waives all rights of subrogation against State for recovery of damages to the extent they are
covered by Industrial Insurance, employer’s liability, general liability, excess, or umbrella
insurance.
ADDITIONAL PROVISIONS:
Additional Insured: DNR, its officials, agents, and employees shall be named as additional
insured by endorsement on all general liability, excess, and umbrella insurance policies.
Cancellation: DNR shall be provided written notice before cancellation or non-renewal of any
insurance referred to therein, in accord with the following specifications.
1. Insurers subject to Chapter 48.18 RCW (Admitted and Regulated by the Insurance
Commissioner): The insurer shall give the State 45 days advance notice of cancellation or
nonrenewal. If cancellation is due to non-payment of premium, the State shall be given
10 days advance notice of cancellation.
2. Insurers subject to Chapter 48.15 RCW (Surplus Lines): The State shall be given 20 days
advance notice of cancellation. If cancellation is due to non-payment of premium, the
State shall be given 10 days advance notice of cancellation.
Insurance Carrier Rating: All insurance shall be issued by companies admitted to do business in
the State of Washington and have a rating of A-, Class VII, or better. Any exception must be
reviewed and approved by the DNR Risk Manager or the DNR Contracts Manager, in the Risk
Manager’s absence. If an insurer is not admitted to do business in the State of Washington, all
insurance policies and procedures for issuing the insurance policies must comply with Chapters
48.15 RCW and 284-15 WAC.
Self-Insurance: If Pasco Fire Department is self-insured, including insurance under a recognized
governmental entity insurance pool evidence of its status as a self-insured entity shall be
provided to State. The evidence should demonstrate that Pasco Fire Department’s self-insurance
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meets all of the required insurance coverage of this Agreement to the satisfaction of State
including the description of the funding mechanism and its financial condition. If the funding
mechanism or financial condition of the self-insurance program of Pasco Fire Department is
inadequate, then State may require the purchase of additional commercial insurance to comply
with this Agreement.
Waiver: Pasco Fire Department waives all rights of subrogation against State for recovery of
damages to the extent these damages are covered by general liability, excess, or umbrella
insurance maintained pursuant to this Agreement.
17.0 Covid-19 Vaccination Requirement. Pursuant to Proclamation 21-14.2 – COVID-19
Vaccination Requirement, as now or hereafter amended by the Governor (“Proclamation”),
contractors who have goods, services, or public works contracts with a Washington state agency,
including the Department of Natural Resources (DNR), must ensure that their personnel
(including subcontractors) who perform contract activities on-site comply with the COVID-19
vaccination requirements of the Proclamation, unless exempted as prescribed by the
Proclamation. Compliance with the Proclamation is mandatory. Contractor shall comply with the
Proclamation.
18.0 Complete Agreement in Writing. This Agreement contains all the terms and conditions
agreed upon by the parties. No other understanding, oral or otherwise, regarding the subject
matter of this Agreement shall be deemed to exist or to bind any of the parties.
19.0 Contract Management.
District Contract Manager Information DNR Contract Manager Information
Robert W. Gear
Pasco Fire Department
4920 W Court Street
Pasco, WA 99301
Phone : (509) 543-5709
Fax: (509) 543-5717
Email address: gearb@pasco-wa.gov
Wyatt Leighton
Department of Natural Resources
713 Bowers Rd.
Ellensburg, WA 98926
Phone: (509) 925-0959
Fax: (509) 925-8522
Email address: wyatt.leighton@dnr.wa.gov
District Project Manager Information DNR Project Manager Information
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Robert W. Gear
Pasco Fire Department
4920 W Court Street
Pasco, WA 99301
Phone : (509) 543-5709
Fax: (509) 543-5717
Email address: gearb@pasco-wa.gov
Callan L. Wilkins
Department of Natural Resources
713 Bowers Rd.
Ellensburg, WA 98926
Phone: (509) 899-3876
Fax: (509) 925-8522
Email address: callan.wilkins(rudnr.wa.gov
By signature below, the Parties certify that the individuals listed in this document, as representatives of the Parties, are authorized to act in their respective areas for matters related to this instrument. This Agreement is intended to supersede the previously executed IAA agreement No. 93-095394.
This agreement is not intended to supersede any existing Forested Response Agreement
(FLRA).IN WITNESS WHEREOF, the Parties have executed this Agreement.
PASCO FIRE DEPARTMENT Dave Zabell Name City Manager Title 525 N. Third Avenue Pasco, WA 99301 Address 509-545-3404TelephoneAgreement No. 93-103823 STATE OF WASHINGTON
DEPARTMENT OF NATURAL
RESOURCES (DNR)
7-z...22. ---------Date Signature Todd Welker Name SE Region Manager Title 713 Bowers Rd. Ellensburg, WA 98926 Address (509)925-0954Telephone Date 7 of 11 DocuSign Envelope ID: 66F766D7-0DE0-4099-9800-7F0F64E6D256
7/20/2022
Agreement No. 93-103823 8 of 11
ATTACHMENT A
SCOPE OF WORK
This agreement is to allow Pasco Fire Department to provide personnel for wildfire or emergency
response within the State of Washington and to define DNR’s responsibility to pay and
reimburse Pasco Fire Department. This includes IMT members and wildland resources
(personnel, equipment, services and supplies available, or potentially available, for assignment to
incidents) Personnel and equipment are described by kind and type, e.g., ground, water, air, etc.,
and may be used in tactical, support or overhead capacities at an incident. This agreement will
not be an avenue for dispatches to fires outside of the State of Washington with the exception of
rostered Type 1, 2 and 3 IMT members. This agreement does not address wildfire or emergency
response operations, incident command or operational decisions.
If a district/department has a Forest land Response Agreement (FLRA) it will take precedence
over this agreement for dispatches to wildfire incidents, and this agreement will only be used for
dispatching of IMT members to non-wildfire/all-hazard incidents.
This agreement extends to all District/Department members as defined below:
Washington Fire Service (WFS) agency personnel that are full-time and part-time paid
employees, and personnel under contract/agreement with the District/Department will be
paid by the District/Department. DNR will reimburse District/Department costs as
outlined in this agreement. Personnel covered under this section are regularly paid by the
agency for performed work and are compensated the same for work including if assigned
to an incident covered by this agreement “Full and Part Time Personnel.”
Members dispatched by DNR from a WFS agency that have contracts for the sole
purpose of responding to wildfire or non-wildfire incidents outside of the agency’s
jurisdictional boundaries are paid by the agency and reimbursed in accordance with the
Washington State Wage & Equipment Rate Guide “Temporary Personnel.”
Members of a WFS agency who are volunteers will need to be hired by DNR via the DNR
casual hire process and paid directly by DNR. This may be completed pre-season, and shall be
completed prior to the first dispatch. The local DNR Region office will handle the casual hire
process.
District/Department agrees that/to:
1) All personnel dispatched will have a valid Incident Qualification Card (red card) stating current
qualifications; and will adhere to qualifications and standards described in PMS 310-1;
2) Provide a copy of the Master IQS Record for each participating employee (needed to update
status in Interagency Resource Ordering Capability (IROC);
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3) Provide local DNR Dispatch with status of each employee who is listed as a rostered IMT
member every Monday by 1200 hours. Dispatch will then update their status in IROC for that
week (0800 Tuesday to 0800 Tuesday).
4) All personnel and equipment dispatched will be paid by the District/Department; (except
volunteers will follow payment procedures outlined in their individual agreement and be paid
directly by DNR);
5) All Equipment and Personnel dispatched under this agreement will arrive at each incident with
a copy of their current agreement.
6) Invoice for personnel, equipment, & travel cost billed to DNR shall be submitted within sixty
(60) days and will include the following:
a. DNR Personnel Reimbursement Request Worksheet
b. Original Emergency Fire Time Report (OF-288); hourly wage rate including salaries &
benefit (regular and OT) for personnel hours on the OF-288.
c. Original Shift Ticket (OF-297) documenting mileage to/from incident as well as daily
mileage incurred on the incident signed by incident supervisor.
d. Original Emergency Equipment Use Invoice (OF-286) signed by finance section on the
incident.
e. Copy of district/department shift schedule
f. Earning statements showing hourly wage for each employee
g. Receipts or Copy of Employee travel reimbursement for travel expenses.
h. Copy of Resource Order card.
7) Volunteers shall submit original copies of payment documents directly to the DNR region
office for payment.
8) For fire line or off-road use, only utilize agency owned vehicles or procured rental vehicles. If
agency owned vehicles are available, they shall be used prior to procuring a rental vehicle.
a. Rental vehicles for off-road use must be procured using the USFS NERV rental
vehicle agreement.
b. Off-road rental vehicles procured from alternative sources other than the
agreement listed above are not compensable.
c. Rental vehicle authorization must be documented on the resource order. Please
speak with your local DNR Region for more specific information.
d. In order to provide appropriate tracking for all rental vehicles, rentals ordered for
overhead shall be ordered using the resource’s O#. They do not require their
separate resource order number.
e. The use of USFS NERV rental vehicles is specific to off-road use. Rental vehicles
used for non-fire line positions must be approved on the resource order, and shall
be rented through alternative sources other than the USFS NERV rental vehicle
agreement.
DNR agrees that/to:
1) Status the employee in the Interagency Resource Ordering Capability System (IROC).
2) Dispatch resources on preseason IMT rosters, and alternate pool list.
3) Reimburse the District/Department within 30 days of receipt of complete & accurate invoice
and required documentation.
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4) Reimburse the District/Department for Temporary Personnel under contract or agreement with
the District/Department, as defined above, per the Interagency Wildfire Resource Wage Rates
in the Washington State Wage & Equipment Rate Guide.
5) Reimburse the District/Department for Full and Part Time Personnel (as defined above) to the
resource provider at the resource provider’s actual total cost. This will include backfill cost for
the Full-time Personnel as outlined in the State Mobilization Plan.
a. DNR will reimburse district/department of all regular scheduled hours for the personnel
assigned to the incident.
b. The DNR will not pay for muster time, wildland premium pay, portal to portal, or other
unspecified pay provisions.
c. Sleeping Periods, Meal Breaks, Time required for vehicle/equipment maintenance,
Crew Change Time, Out of Service Time are considered non-compensable.
6) Reimburse Fire Service District/Department for approved travel expenses. The following
guidelines apply:
a. Per-diem is authorized for resources while traveling to an incident for meals that they
are in travel status for the entire DNR designated meal period, and will be based on
where the resource stops to sleep.
i. Breakfast: 7AM-8AM
ii. Lunch: 12PM-1PM
iii. Dinner: 6PM-7PM
b. Once arriving at an incident all resources shall stay and eat in camp. Resources may not
seek reimbursement for meals or lodging unless services are not provided by the
incident.
c. Approval for per diem shall be documented on the resource order card, or through
written approval including justification, from the Incident Commander.
d. Reimbursement for approved per-diem for incidents in Washington will be paid in
accordance with Washington State Office of Financial Management (OFM) rates.
Receipts are not required.
e. Reimbursement for approved per-diem for incidents outside Washington, will be paid
using the U.S. General Service Administration (GSA) daily per diem rates, applying the
following breakdown: 25% for Breakfast, 30% for Lunch, 45% for Dinner, applied to
daily totals including meals & incidental rates. Receipts are not required.
f. Local resources who return home each night, and do not remain in camp overnight will
not be entitled to per diem.
g. Hotels will only be reimbursed at actual expenses including daily rate and applicable
taxes, not to exceed the government rates established in (GSA). All hotel
reimbursements require an itemized receipt, and must be approved with a resource
order or written approval from the Incident Commander. Booking fees associated with
online travel agents are non-compensable.
h. Alternate accommodations may be utilized at the expense of the user. The cost for
alternative accommodations is not reimbursable.
i. For travel home if sack lunches are provided, per diem claims will not be reimbursed.
j. Travel time to and from the incident will be paid according to the DNR pay provisions
in the Washington State Wage & Equipment Rate Guide.
k. Travel time and cost associated with picking up and dropping off rental vehicles will be
paid according to the DNR pay provision in the Washington State Wage & Equipment
Rate Guide.
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7) Reimburse the district/department for all approved supply expenses approved at the incident.
The following guidelines apply
a. All supply expenses, with the exception of rental car fuel, require a resource order from
the incident in order to be reimbursable.
b. Itemized receipts must be included for all supply purchases in order to be eligible for
reimbursement.
8) To pay all volunteers directly, unless otherwise requested in writing by the Chief. Volunteers
will be paid for hours worked at the rates in the Washington State Wage & Equipment Rate
Guide.
9) Reimburse district/department for Equipment Cost at the rates published in the Washington
State Wage & Equipment Rate Guide.
a. All equipment will be paid at the wet rate
b. All equipment will be paid based on the resource order
c. All equipment will be paid according to the DNR provisions in the Washington State
Wage & Equipment Rate Guide.
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