HomeMy WebLinkAbout4489 Resolution - ILA with Department of Natural ResourcesResolution - WA ST DNR ILA - 1
RESOLUTION NO. 4489
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON,
AUTHORIZING THE CITY MANAGER TO EXECUTE AN
INTERAGENCY FORESTLAND RESPONSE AGREEMENT
BETWEEN THE WASHINGTON STATE DEPARTMENT OF
NATURAL RESOURCES AND THE CITY OF PASCO FOR FIRE
PROTECTION SERVICES.
WHEREAS, RCW 39.34, INTERLOCAL COOPERATION ACT, authorizes political
subdivisions to jointly exercise their powers, privileges, or authorities with other political
subdivisions of this State through the execution of an interlocal cooperative or interagency
agreement; and
WHEREAS, Washington State Department of Natural Resources (DNR) and the City of
Pasco (City) determined a need to provide mutual assistance and cooperation to control and
suppress wildland fires; and
WHEREAS, the purpose of this Agreement is to (1) provide for mutual assistance and
cooperation in the control and suppression of forestland fire to an area within the jurisdiction of
DNR and located in, or adjacent to, the City and to contract for the DNR to assist in fire protection
services on forestland within City’s jurisdiction; and (2) dispatch and pay for fire service resources
outside the fire service City’s jurisdictional boundaries for wildfire and prescribed (RX) fire
dispatch; and
WHEREAS, the City Council of the City of Pasco, Washington, has after due
consideration, determined that it is in the best interest of the City of Pasco to enter into the
interagency forestland response agreement for wildfire suppression with the Washington State
Department of Natural Resources.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PASCO, WASHINGTON:
That the City Council of the City of Pasco approves the terms and conditions of the
Interagency Forestland Response Agreement between Washington State Department of Natural
Resources and the City of Pasco; a copy of which is attached hereto and incorporated herein by
reference as Exhibit A.
Be It Further Resolved, that the City Manager of the City of Pasco, Washington, is hereby
authorized, empowered, and directed to sign and execute said Agreement on behalf of the City of
Pasco; and to make minor substantive changes as necessary to execute the Agreement.
Be It Further Resolved, that this Resolution shall take effect immediately.
Resolution - WA ST DNR ILA - 2
PASSED by the City Council of the City of Pasco, Washington, on this 3rd day of
September, 2024.
_____________________________
Pete Serrano
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, MMC Kerr Ferguson Law, PLLC
City Clerk City Attorneys
Agreement No. 93-107063 Page 1 of 12
Form update date: 12/18/23
FORESTLAND RESPONSE AGREEMENT
DEPARTMENT OF NATURAL RESOURCES (DNR)
NO. 93-107063
PI: 221,222,223
Funding Source: State
Grant Funded: ☐ Yes ☒ No
Procurement method: : ☒ Exempt, Department of Enterprise Services, Sole Source Contract
Policy No. POL-DES-140-00, Section 5, Item 2, RCW 39.26.125(10)
This Agreement is entered into between the state of Washington, Department of Natural
Resources, Southeast Region, hereinafter referred to as “DNR or AGENCY”, and the below
named Fire Protection District/Department, hereinafter referred to as District/Department.”
City of Pasco
4920 W Court Ctreet
Pasco, WA 99301
Phone: 509-545-3426
Email: crowleyk@pasco-wa-gov
Statewide Vendor # (SWV): 0007164
Authority: This Agreement is entered into by DNR under the authority of RCW 76.04.015,
RCW 76.04.135 and RCW 76.04.610(3); and by the District/Department under the authority of
RCW 52.12.031, RCW 52.12.125 and RCW 35.21.010; and DNR and District/Department in
conformity with RCW 39.34, the Interlocal Cooperation Act.
In consideration of the terms, conditions and covenants contained herein, or attached and
incorporated and made a part hereof, the Parties mutually agree as follows:
1.Purpose: The purpose of this Agreement is to (1) provide for mutual assistance and
cooperation in the control and suppression of forestland fire and therefore to contract for
the District/Department to provide fire protection services to an area within the
jurisdiction of DNR and located in, or adjacent to, the District/Department and to contract
for the DNR to assist in fire protection services on forestland within District/Department
jurisdiction; and (2) dispatch and pay for fire service resources outside the fire service
Agreement No. 93-107063 Page 2 of 12
Form update date: 12/18/23
District/Department jurisdictional boundaries for wildfire and prescribed (RX) fire
dispatch.
2. Scope: This Agreement pertains to forestland fire incidents within or adjacent to the
District/Department boundaries and to District/Department resources ordered through the
DNR Region or Division for dispatch outside of District/Department boundaries for
support provided by DNR as outlined in Attachment A – Operational Guidelines for
Resources ordered through the DNR Region or Division for dispatch outside of
District/Department boundaries.
3. Term. The term of this agreement is 4/8/2024, or date of execution, whichever is later,
through 12/31/2028.
4. Jurisdictional Responsibility: Within or adjacent to the District/Department
boundaries, the statutory jurisdictional responsibility for fire control on forestland varies.
It may be:
(1) Sole DNR Jurisdiction: Land subject to Forest Fire Protection Assessment and
District/Department is NOT collecting fire protection levy
(2) Sole District/Department Jurisdiction: Land subject to District/Department fire
protection levy and not subject to Forest Fire Protection Assessment.
(3) Joint Jurisdiction: Land subject to Forest Fire Protection Assessment and the
District/Department is collecting fire protection levy.
5. Mutual Aid Fire Incident Response:
(1) Sole DNR Jurisdiction: In the event of a fire emergency in a sole DNR
jurisdiction area, the DNR will respond. The District/Department may respond to
provide immediate control action, minimize fire loss, and thereby indirectly protect
its own jurisdiction area. DNR may request response from the District/Department
to gain timely initial attack and control action, or to supplement DNR resources.
(2) Sole District/Department Jurisdiction: In the event of a fire emergency in a sole
District/Department jurisdiction area, the District/Department will respond. DNR
may respond to provide immediate control action, minimize fire loss, and thereby
indirectly protect its own jurisdiction area. The District/Department may request
that DNR provide supplemental resources for fire emergency operations and
support.
(3) Joint Jurisdiction: In the event of a fire emergency in a joint jurisdiction area,
both DNR and the District/Department will respond, subject to the availability of
resources.
6. Off-Season Incidents: For this Agreement, no incident will be considered off-season.
Fire season will be January 1-December 31 each year.
Agreement No. 93-107063 Page 3 of 12
Form update date: 12/18/23
7. Command:
(1) Sole DNR Jurisdiction Incidents: When the District/Department is the first
arriving agency, the District/Department on-site initial responders shall establish
command until released by a representative of DNR.
(2) Sole District/Department Jurisdictional Incidents: When DNR is the first
arriving agency, the DNR on-site initial responders shall establish command until
released by a representative of the District/Department.
(3) Joint Jurisdiction Incidents: The first arriving agency initial responders shall
establish command, and, upon the arrival of the other agency, unified command will
be established and used for incident management.
8. Fire Control and Suppression Definitions:
(1) Forestland: As the term is defined by RCW 76.04.005.
(2) Ordering: Prior to the arrival of DNR at the incident, the initial attack incident
commander may order special resources through DNR. That decision shall be
documented, and payment authorized (see Section 11 and 12 of this Agreement) by
DNR prior to the mobilization of special resources.
(3) Special Resources: Air resources, dozers, heavy equipment, or other resources
deemed necessary to contain and control the fire.
9. Operation Guidelines:
(1) Forestland Response: Representatives of the District/Department and DNR may
mutually develop operation guidelines that provide principles, direction and
guidance for the conduct of fire control operations related to forest land response.
The operation guidelines shall be reviewed at least annually and revised as
necessary to achieve cooperation and understanding.
(2) DNR Dispatch: See Attachment A - Operation Guidelines for resources ordered
through the DNR Region or Division for dispatch outside of the
District/Department jurisdictional boundaries; which is incorporated by reference
herein.
(3) Prescribed (RX) Fire Dispatch: See Attachment A – Operational Guidelines for
resources ordered through the DNR Region or Division for dispatch outside of the
District/Department jurisdictional boundaries; which is incorporated by reference
herein. The guidelines for Fire Dispatch are the same, whether that be for a
Wildland Fire Incident or Prescribed Fire.
10. Fire Investigation: The District/Department and DNR agree to protect the origin area of
any fire to the best of its ability. Fires will be jointly investigated when an incident
originated in a joint jurisdiction area. A DNR fire investigator may investigate fires
Agreement No. 93-107063 Page 4 of 12
Form update date: 12/18/23
originating on, spreading to or threatening land subject to Forest Fire Protection
Assessment (i.e., sole DNR or joint jurisdiction areas).
11. Costs:
(1) Charges Not Required: One purpose of this Agreement is mutual assistance and
cooperation in the control and suppression of fires (see Section 1 - Purpose). In
most instances, resource costs will not be charged to the other party. However, there
may be circumstances or conditions where the District/Department or DNR desires
or is required to charge, or request reimbursement, for resource costs as described in
Subsections (2), (3), (4), and (5) below.
(2) Sole DNR Jurisdiction: If the District/Department responds, DNR will pay for
District/Department personnel and equipment costs outside of mutual aid unless
otherwise negotiated.
(3) Sole District/Department Jurisdiction: If DNR responds, the District/Department
will pay for DNR personnel and equipment costs outside of mutual aid unless
otherwise negotiated.
(4) Joint Jurisdiction: Initial attack through complete extinguishment of the fire, each
party will pay its own costs.
(5) DNR Dispatch: If District/Department personnel is dispatched by DNR outside of
District/Department jurisdictional boundaries, DNR will pay for
District/Department personnel and equipment costs.
12. Cost Reimbursement Procedures:
(1) Forestland Response: Provisions within this Agreement for reimbursement of
costs related to forest land response are subject to the following conditions:
(a) Notice: Prior to costs being incurred as allowed by this Agreement (other than
DNR Dispatch), notice of such expenditure must be given to DNR of the
requesting agency prior to the expenditure or commitment of funds.
(b) Invoice: Any resource provider costs, which are to be billed, must be invoiced
within sixty (60) business days of the last date of incurred expense for the
incident.
(2) DNR Dispatch: Provisions within this Agreement for reimbursement of costs
related to DNR dispatch are outlined in Attachment A - Operation Guidelines for
resources ordered through the DNR Region or Division for dispatch outside of the
District/Department jurisdictional boundaries; which is incorporated by reference
herein.
13. Cost Reimbursement Rates:
(1) Forestland Response:
Agreement No. 93-107063 Page 5 of 12
Form update date: 12/18/23
(a) Equipment costs shall be paid to the resource provider at the DNR Wage and
Equipment Rates or as otherwise agreed to in writing by the respective
authorized agency representatives.
(b) Career/permanent and seasonal personnel costs will be reimbursed to the
resource provider at the resource provider’s actual total cost. This will include
backfill costs as outlined in the State Mobilization Plan.
(2) DNR Dispatch:
Cost reimbursement rates related to DNR dispatch are outlined in Attachment A -
Operation Guidelines for resources ordered through the DNR Region or Division
for dispatch outside of the District/Department boundaries.
14. Insurance: DNR is an agency of the state of Washington and is therefore self-insured
under the State’s Self-Insurance Liability Program. The District/Department shall, at all
times during the term of this Agreement at its sole cost and expense, buy and maintain
insurance of the types and amounts listed below. Failure to buy and maintain the required
insurance may result in the termination of the Agreement at DNR’s option. If the
District/Department is self-insured, evidence of its status as self-insured will be provided
to DNR, and if deemed acceptable by DNR, shall satisfy the insurance requirements
specified by this Section. The limits of insurance to be bought and maintained by the
District/Department shall not be less than as follows:
Minimum Coverage Requirements: These limits may not be sufficient to cover all
liability losses and related claim settlement expenses. Purchase of these minimum limits
of coverage does not relieve the District/Department from liability for losses and
settlement expenses greater than these amounts. DNR shall not be charged for the cost for
insurance coverage(s).
District/Department is required to purchase insurance for a period of 36 months after
completion of this Agreement. This requirement may be satisfied by the continuous
purchase of an extended agreement. This requirement may be satisfied by the continuous
purchase of an extended reporting period. During the term of the Agreement,
District/Department must purchase and maintain the insurance coverage and limits
specified below:
(1) Commercial General Liability (CGL) Insurance or District/Department
Equivalent. District/Department must purchase and maintain CGL on an Insurance
Services Office (ISO) form CG 00 01 or equivalent form, covering liability arising
from premises, operations, independent contractors, personal injury, products-
completed operations, and liability assumed under an insured contract. Such
insurance must be provided on an occurrence basis. If insurance is written on a
“claims made” basis, the policy shall provide full coverage for prior acts or include
a retroactive date that precedes the effective date of this Agreement. Insurance
must include liability coverage with limits not less than those specified below:
Description Dollar Amount
General Aggregate Limit $2,000,000
(Other than products-completed operations)
Agreement No. 93-107063 Page 6 of 12
Form update date: 12/18/23
Each Occurrence Limit $2,000,000
(2) Employer's liability ("Stop Gap") Insurance: District/Department shall purchase
and maintain employer’s liability insurance and if necessary, commercial umbrella
liability insurance with limits not less than $1,000,000 each accident for bodily
injury by accident or $1,000,000 each employee for bodily injury by disease.
(3) Business Auto Policy (BAP) Insurance: If activities pursuant to this Agreement
involve the use of vehicles, to include FEPP vehicles, the District/Department must
purchase and maintain a BAP on an Insurance Services Office (ISO) form CA 00
01 or equivalent form. The Description of Covered Autos must include one or more
of the following:
a. “Any Auto” (Symbol 1).
b. If District/Department-owned personal vehicles are used, the BAP must cover
“Owned Autos Only” (Symbol 2).
c. If District/Department hires autos, the BAP must cover “Hired Autos Only”
(Symbol 8).
d. If District/Department employee’s vehicles are used, the BAP must cover “Non-
Owned Autos Only” (Symbol 9).
Such insurance must be provided on an occurrence basis. The BAP insurance must
include liability coverage with limits not less than those specified below. The
District/Department is responsible for any deductible.
Description Each Accident
Bodily Injury and Property Damage $1,000,000
(4) Workers Compensation Insurance or Equivalent: The District/Department shall
comply with all state of Washington workers compensation statutes and regulations.
Coverage shall be provided for all employees and volunteers of the
District/Department and shall include bodily injury (including death) that arises out
of or in connection with the performance of this Agreement.
15. Service Limitations. The responses and fire suppression services provided for under this
Agreement are intended to be rendered on the same basis as such services are rendered to
other areas within the District/Department or DNR jurisdictions and neither party
assumes liability for failure to provide services by reason of any circumstances beyond
the party’s control. In the event of simultaneous fires or medical aid calls within the
areas covered by this Agreement whereby facilities of either party are taxed beyond the
party’s ability to render equal protection, the officers and agents of the party shall have
sole discretion as to which call shall be answered first. The responding party shall have
sole discretion to determine the manner and method of responding to and handling
emergencies under this Agreement consistent with Section 7 - Command of this
Agreement.
16. Benefits. This agreement is entered into for the benefit of the parties to this agreement
only and shall confer no benefits, direct or implied, on any third persons.
17. Renegotiation and Modification: The terms and conditions of this Agreement may be
renegotiated at the request of either Party between the dates of January 1 and March 1 of
Agreement No. 93-107063 Page 7 of 12
Form update date: 12/18/23
any year. Any modification or amendment of this Agreement must be in writing and must
be signed by duly authorized agents of the Parties.
18. Assignment and Delegation: This Agreement, or any right or interest therein, may not
be assigned or otherwise transferred by either Party without the prior written consent of
the other Party. Any attempted assignment shall be void unless made in strict conformity
with this section.
Either Party may perform its duty through a delegate or agent but shall not be thereby
relieved of any duty to perform or any liability for breach of this Agreement.
19. Remedies: Any remedy exercised by either Party shall not be deemed exclusive and
either Party may pursue any and all other remedies available to it under the law.
20. Compliance with Laws: Parties shall comply with all applicable federal, state, and local
laws, rules and regulations that govern each component of this Agreement.
21. Non–Waiver: Waiver by either Party of strict performance of any provision of this
Agreement shall not act as a waiver of the right of the other Party to require future strict
performance of the same provision or any other provision.
22 Harassment. Per RCW 43.01.135, Sexual harassment in the workplace, Agency
Contractors hereby have access to DNR Policy PO01-052 Sexual Harassment:
https://www.dnr.wa.gov/publications/em_harassment_prevention_policy.pdf
24. Interpretation and Venue: This Agreement shall be construed and interpreted in
accordance with the laws of the state of Washington. The venue of any action brought
under this Agreement shall be in the Superior Court of Thurston County.
25. Severability: If any provision of this Agreement is held to be invalid, such invalidity
shall not affect the other provisions of this Agreement that can be given effect without the
invalid provision(s), and to this end the provisions of this Agreement are declared
severable.
26. Termination: This Agreement may be terminated by either Party by the provision of
ninety (90) days written notice, provided that neither Party may terminate this Agreement
at any time between April 15 and October 15 of any year due to the fire danger during
this period.
27. Agreement Managers:
DNR AGREEMENT MANAGER
Name: Callan Wilkins
Title: Cooperator Wildfire Training Coordinator
Address: 713 Bowers Rd.
City/State/Zip: Ellensburg, WA 98926
Phone: (509) 899-3876
Email: callan.wilkins@dnr.wa.gov
Agreement No. 93-107063 Page 8 of 12
Form update date: 12/18/23
DISTRICT/DEPARTMENT AGREEMENT MANAGER
Name: Kevin Crowley
Title: Fire Chief
Address: 4920 W Court St.
City/State/Zip: Pasco, WA 99301
Phone: 509-792-4073
Email: crowleyk@pasco-wa-gov
This Agreement supersedes all previous agreements.
By signature below, the Agencies certify that the individuals listed in this document, as
representatives of the Agencies, are authorized to act in their respective areas for matters related
to this instrument.
IN WITNESS WHEREOF, the parties have executed this Agreement.
DISTRICT/DEPARTMENT STATE OF WASHINGTON,
DEPARTMENT OF NATURAL
RESOURCES
Signature Date Signature Date
Larry Leach
Printed Name Printed Name
SE Region Manager (Acting)
Title Title
DISTRICT/DEPARTMENT
Signature Date
Printed Name
Title
DISTRICT/DEPARTMENT
Signature Date
Printed Name
Title
DISTRICT/DEPARTMENT
Signature Date
Printed Name
Title
Agreement No. 93-107063 Page 9 of 12
Form update date: 12/18/23
Attachment A
Operation Guidelines
Resources ordered through the DNR Region or Division for
Dispatch outside of District/Department jurisdictional boundaries
Department of Natural Resources (DNR) agrees to dispatch District/Department resources to
incidents outside of the Districts/Department jurisdictional boundaries as needed to meet DNR
responsibilities and as approved by the District/Department. Dispatches can include out of the
state of Washington. Participation by a District/Department with incidents outside its jurisdiction
is voluntary and separate from involvement in State Fire Mobilization.
This Agreement extends to all District/Department members:
▪ Washington Fire Service (WFS) paid members which District/Department allow to
participate will be paid by the District/Department. DNR will reimburse
district/department costs as outlined in this agreement.
▪ Members of Washington Fire Service who are volunteers will need to be hired by the
DNR via the DNR casual hire process and paid directly by DNR. This may be completed
pre-season or at the time of the incident. Your local DNR Region office will handle the
casual hire process.
District/Department agrees:
1) All personnel dispatched outside of their jurisdictional boundaries will have a valid
Incident Qualification Card (red card) stating current qualifications; and will adhere to
qualifications and standards described in NWCG PMS 310-1;
2) To keep equipment and personnel status current in the Interagency Resource Ordering
Capability (IROC) by selecting option a. or b. below. List available resources on the
following resource list addendum. (Check one):
a. With DNR Region approval, DNR Region will give Web-Status rights to
IROC for district employees. It is the employee’s responsibility to ensure that
their status is accurate.
b. DNR Region will status your employees. For this option, you would need to
provide your local DNR Region Dispatch with the status of your employees every
Monday by 1200 hours. Dispatch would then update their status in IROC for that
week (0800 Tuesday to 0800 Tuesday).
For dispatches outside of the DNR region, approval from DNR host region fire staff is
required. Host region fire staff will coordinate with Wildland Fire Management Division
in order to ensure statewide readiness.
3) To notify your local DNR Region of any changes in status of personnel/equipment (i.e.;
dispatched/demobilized under State Fire Mobilization, demobilization & ETA home from
incidents dispatched thru DNR, etc.);
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);
Agreement No. 93-107063 Page 10 of 12
Form update date: 12/18/23
5) All Equipment and Personnel dispatched under this agreement will arrive at each incident
with a copy of their current Forestland Response Agreement.
6) Invoice for personnel and equipment costs billed to DNR will include:
a. Original Emergency Fire Time Report (OF-288); hourly wage rate (regular and
OT) for personnel hours on the OF-288. This applies to paid district/department
staff. Volunteers will be paid directly by DNR.
b. Original shift ticket (OF-286) documenting mileage to/from incident as well as
mileage incurred on the incident signed by the incident supervisor.
c. Copy of Resource Order card.
7) Invoices requesting payment for equipment (engines/tenders) will be submitted to DNR
within sixty (60) business days of the last date of the incurred expense for the incident
and shall include Original Emergency Equipment Use Invoice Form (OF-286) and shift
tickets (OF-297); and
8) Invoices requesting payment for other travel costs (meals, lodging not provided by the
incident) must be submitted to DNR within sixty (60) business days of the last date of the
incurred expense for the incident.
9) Only utilize agency owned vehicles or procured rental vehicles on the fireline or off-road.
DNR agrees to:
1) Assist the District/Department with updating status of IMT members in IROC;
2) Maintain IQS records for District/Department personnel with NWCG PMS 310-1
wildland fire qualifications, if red carded through the DNR;
3) Reimburse District/Department within 30 days of invoice receipt and documentation as
required above;
4) Reimburse the Fire Service District/Department at the Total Cost of personnel. This
includes, regular time, overtime, and District/Department backfill for that position as
outlined in the State Mobilization Plan. The DNR will not pay for muster time, wildland
premium pay, or other unspecified pay provisions.
Rental vehicles for Off-road use must be procured consistent with the National Emergency
Rental Vehicle Blanket Purchase Agreement (NERV). Rental vehicles for non-fire line positions
must be rented through alternative sources other than the USFS NERV rental vehicle agreement.
Rental vehicle authorization must be documented on the resource order. Please speak with your
local DNR Region for more specific information.
Agreement No. 93-107063 Page 11 of 12
Form update date: 12/18/23
DISTRICT/DEPARMENT RESOURCE LIST
OVERHEAD AND EQUIPMENT ADDENDUM
DNR will dispatch and process invoices for the following fire district members and equipment when
dispatched by DNR outside of their fire district.
Overhead Resources
Name Career or
Volunteer
Backfill
Required
Position/Qualifications Team Affiliation
or Single Resource
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
Agreement No. 93-107063 Page 12 of 12
Form update date: 12/18/23
DISTRICT/DEPARMENT RESOURCE LIST
OVERHEAD AND EQUIPMENT ADDENDUM
DNR will dispatch and process invoices for the following fire district members and equipment when
dispatched by DNR outside of their fire district.
Equipment Resources
Rate /
Negotiated Rate*
1
2
3
4
5
6
7
8
9
10
* The negotiated rate must be agreed upon between the signing parties prior to dispatch.
CONTACT INFORMATION: