HomeMy WebLinkAboutILA - Washington State Department of Natural Resouces (DNR) for Wildfire 2017-2020WILDFIRE
INTERAGENCY AGREEMENT WITH THE CITY OF
PASCO FIRE DEPARTMENT
Agreement No. IAA 93-095394
This Agreement is between the City of Pasco Fire Department, referred to as Pasco and the
Washington State Department of Natural Resources, Southeast Region, referred to as DNR.
DNR falls under authority of RCW Chapter 43.30 of Washington State, Department of Natural
Resources. DNR and Pasco enter into this agreement under Chapter 39.34, Interlocal
Cooperation Act.
The purpose of this Agreement is for Pasco to allow department personnel, referred to as
employee(s), to act as single resources for DNR wildfire and emergency response, and for DNR
to reimburse Pasco for all incurred costs associated with the use of Pasco employees.
IT IS MUTUALLY AGREED THAT:
1.01 Statement of Work. Pasco will permit, as available, requested overhead and resource
personnel, equipment, and/or services to function as single resources for DNR within the State of
Washington. This service is limited to the State of Washington, with the exception of Type I and
2 Incident Management Team (IMT) members and designated alternates, when dispatched as part
of a team order. Pasco reserves the right to deny DNR requests for resources if such requests
will impede Pasco's ability to adequately provide the necessary protection and support to the
community within its own jurisdiction and/or the immediate surrounding areas.
2.01 Resource Order Authority. A resource order number is the authority reference for all
claims, including those of the personnel assigned to units. Each dispatched unit or person must
have an assigned resource order number, including overhead personnel, equipment, crews, and
supplies. All resource order numbers are issued by the Central Washington Interagency Dispatch
(CWICC) office.
Agreement No. 93-095394
3.01 Period of Performance. The period of performance of this Agreement shall begin on
the date of the last signature to this agreement, and end on December 31, 2019, unless terminated
sooner as provided herein.
4.01 Payment. Payment for services rendered is established under RCW 39.34.130 and is
intended to make the department whole. Pasco shall receive full reimbursement of all actual costs
incurred, as outlined in Attachment A - Cost Reimbursement Procedures, from the point of
staging/mobilization, including transportation, salary for hours worked, benefits, overtime
premiums, per diem, backfilling of employees, and travel, to the point of demobilization.
5.01 Billing Procedures. DNR shall reimburse Pasco upon the receipt of invoiced claim
forms submitted by Pasco as outlined in Attachment A. Invoiced costs will be billed within one
hundred -twenty (120) business days of demobilization. Payment to Pasco for incurred costs will
be made by warrant or account transfer within ninety (90) days of receiving the invoice.
6.01 Records Maintenance. In accordance with RCW 40.14 Preservation and Destruction of
Public Records, Pasco preserves and maintains all records, documents and other evidence
sufficient to support and verify all direct and indirect costs incurred by Pasco in the use of
personnel and other resources by the DNR. These records are 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 agreement expiration. 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 notifying the furnishing
party. Each party will use reasonable security procedures to ensure that records and documents
provided by the other party are protected to the fullest extent possible. Both parties acknowledge
that Pasco bound by the Public Records Act (PRA), Chapter 42.56 RCW governing release of
public records. An injunction filed under the PRA is required to prevent release of public records
that do not fall within a clearly defined and applicable statutory exemption, as determined by the
City of Pasco.
7.01 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.
8.01 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.
9.01 Termination. Either party may terminate this Agreement by giving the other party 30
days prior written notice. If this Agreement is terminated, the terminating party shall be liable to
pay only for those services provided or costs incurred prior to the termination date according to
the terms of this Agreement.
Agreement No. 93-095394
10.01 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.
11.01 Disputes. If a dispute arises, a dispute board shall resolve the dispute like this: Each
party to this agreement shall appoint a member to the dispute board. These board members shall
jointly appoint an additional member to the dispute board. The dispute board shall evaluate the
facts, contract terms, applicable statutes and rules, then determine a resolution. The dispute
board's determination shall be final and binding on the parties. As an alternative to the dispute
board, either of the parties may request intervention by the Governor, as provided by RCW
43.17.330. In this case, the Governor's process will control the dispute resolution.
12.01 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 State and federal statutes and rules;
(2) Statement of Work; and
(3) Any other provisions of the agreement, including materials incorporated by
reference.
13.01 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.
14.01. 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 his agreement.
15.01 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.
16.01 Insurances. DNR acknowledges that Pasco is a member of the Washington Cities
Insurance Authority (WCIA) risk pool. In lieu of Certificate(s) of Insurance, DNR agrees to
accept a signed evidence of coverage letter (see Attachment B -- Evidence of Coverage) as
evidence of adequate liability coverage.
Agreement No. 93-095394
17.01 Indemnities. Each Party shall hold harmless, and indemnify the other Party and its
directors, officers, agents and employees against any and all loss, liability, damage, or expense,
including any direct, indirect or consequential loss, liability, damage, or expense, but not
including attorneys' fees unless awarded by a court of competent jurisdiction, for injury or death
to persons, including employees of either Party, and damage or loss of use to property, including
property of either Party, arising out of or in connection with intentional, willful, wanton, reckless
or grossly negligent conduct. However, neither Party shall be indemnified hereunder for any
loss, liability, damage, or expense resulting from its sole negligence or willful gross misconduct.
18.01 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.
19.01 Contract Management. The Project Coordinator for each of the parties shall be the
contact person for this agreement. All communications should be directed to the project
coordinator(s), with the exception of billing inquiries. For Pasco, billing inquiries should be
directed to Pasco's Data Analyst; DNR billing inquiries should be directed to DNR's Fiscal
Analyst.
20.01 Project Coordinators.
The Project Coordinator for Pasco is: The Project Manager for DNR is:
Bob Gear, Operations Chief Wyatt Leighton
Pasco Fire Department 713 Bowers Road
PO Box 293 Ellensburg, WA 98926
Pasco, WA 99301 Phone: (509) 925-0959
Phone: (509) 545-3426, Office
Phone: (509) 528-1650, Cell
For Pasco billing inquiries, contact:
Susan Billings
Pasco Fire Department
101 1 E. Ainsworth Ave
Pasco, WA 99301
Phone: (509) 545-3426, Office
billingss@pasco-wa.gov
Agreement No. 93-095394
For DNR billing inquiries, contact:
Sarah Thorson
Fiscal Analyst
SE Region DNR
Phone: (509) 925-0915, Office
sarah.thorson@dnr.wa.gov
IN WITNESS WHEREOF, the parties have executed this Agreement.
Dated: 511w, 20LZ
Dated: J Vn -e— 6 , 20
Agreement No. 93-495394
CITY OF PASCO
PASCO FIRE DEPARTMENT
By:
Dave eabeli
Title: City Manager
Address: PO Box 293
Pasco, WA 99301
STATE OF WASHINGTON
DEPARTMENT OF NATURAL RESOURCES
By: I&I
Todd Welker
Title: Regional Manager
Address: 713 Bowers Road
Ellensburg, WA 98926
ATTACHMENT A - COST REIMBURSMENT PROCEDURES
Payment for services provided to Pasco is established under RCW 39.34. I30 and is intended to
make the department whole. DNR will reimburse Pasco for all actual costs incurred while
dispatched to incidents in Washington State according to the terms outlined below.
Travel Time
Travel time is calculated as the mileage from the home agency to the incident divided by 45mph. A
computer program such as MapPoint, MapQuest, Google Maps, or another similar mapping
program will be used to determine mileage. This calculation takes into consideration rest breaks
and fueling. Travel will be documented on the Crew Time Report (CTR).
It is understood that road and weather conditions may vary causing excessive travel time. In such
cases, the extra travel time and rationale will be documented on the CTR and approved by the
record keeper and Division Supervisor via signature on the CTR.
Staging Hours
When resources are assigned to staging for initial attack or emergency deployment to the field, all
hours will be reimbursable. This condition requires documentation on a CTR and signature of the
Division Supervisor on the CTR.
Non -Compensable Time
Time when an individual is not on assigned duty and is free to leave the area is non -reimbursable,
including the following:
1. Unscheduled hours for meals
2. Sleeping periods
3. Time required for vehicle/equipment servicing or maintenance
4. Crew change travel time for crew members
5. Out -of -service time (i.e., unit decommissioned or broken down). If crew is reassigned, it
must be documented on the CTR.
Crew Change
When accepting a dispatch to an incident, resources are expected to stay 72 hours. After 72 hours
the resources will be released or given opportunity to remain based on the needs of the incident. If
Pasco wishes to replace a crew after 72 -hours assigned to an incident, they may do so. However, no
costs will be reimbursed.
Personnel Compensated by Pasco
Regular Hours: All hours regularly scheduled at the home agency (i.e., Pasco) for personnel
assigned to a mobilization incident. These hours will be calculated the same as Pasco calculates
Agreement No. 93-095394
their regular hours for days scheduled for duty at their regular hourly rate. Pasco operates on 24-
hour shifts, beginning and ending at 8:00 a.m.
Overtime Hours: Overtime hourly rates for personnel assigned to an incident for overtime hours
worked. Overtime hours are those hours not regularly scheduled to work at the home agency (i.e.,
Pasco) that are assigned on the incident action plan. Compensable overtime hours are the same as
those in "time -in assigned status" (on -duty time). DNR does not compensate employees on a portal-
to-portal basis.
Backfill
Backfill is intended to make the department whole. Pasco will be reimbursed the overtime premium
differential for positions that require replacement staff.
For the purpose of this agreement, "backfill' is defined as any and all additional costs required to
cover an individual that has been mobilized, including overtime premiums or out of class premiums.
The term Backfill Personnel applies to those persons who come in on a non-scheduled work day to
replace those persons assigned to a mobilization incident. Only regularly scheduled hours will be
eligible for backfill consideration.
When required to comply with local minimum staffing requirements, the overtime premium costs of
a replacement firefighter filling in for a firefighter dispatched to an incident will be reimbursed.
When the firefighter arrives back home, eligibility for cost reimbursement will end for both that
firefighter and the backfilling replacement firefighter.
If the dispatched firefighter arrives home during his/her regular work shift, the expectation is that
he/she will report for and return to work. If Pasco chooses to allow the returning firefighter to go
home (i.e., to his/her personal residence) rather than to return to work, it will do so at its own
How Backfill Works
Agency has firefighter scheduled 12. Agency allows firefighter
to work.
Agency has funds allotted for
Shift to be worked.
Firefighter who goes to
Incident is paid $10/hr. The
Agency has set aside $240
for the 24 hour shift.
Cost to Agency: $240
Agreement No. 93-095394
to respond to an Incident at
beginning of shift.
Incident covers cost of
Firefighter who left. Agency
Still has funds allotted for
Shift to be worked.
Firefighters cost to agency
of $240 is reimbursed by
incident.
Cost to Agency: $0
Cost to Incident: $240
3. Agency calls in a firefighter
who is not scheduled to
work.
Since agency hasn't
Expended the allotted funding
Incident will pick up 1/3 of
The cost for the Backfill.
When the firefighter is called
in, he is paid at overtime rate.
If this firefighter is paid $10
an hour for regular time,
Then he/she is compensated
at $15 for overtime.
Cost to Agency: $360:
Agency reimbursed 1/3 of
$360 = $120 for overtime.
for regular shift.
Scheduled Cost to agency:
$240
Backfill cost to Incident:
$120
Total cost to agency for scheduled firefighter = $240
Total cost to agency to send firefighter to incident = $0
Total cost to incident for firefighter sent to incident = $360 ($240 regular shift + $120 backfill.
Total cost to agency for backfill firefighter = $240
Total Cost of Compensation (TCC): All personnel claims submitted will utilize the TCC method.
TCC compensates for a regular hourly wage plus benefits.
Life insurance, Medical, Dental, Employee Assistance Programs and Disability insurance is all
included in the Medical/Dental Section and is applied only to the regular hour rate. While the
overtime base rate may be 1.5 times more than the regular time, once benefits are added, this is no
longer a true statement. Overtime TCC should always be less than I.5 times the regular TCC rate.
Time Keeping
Equipment use shall be recorded by time unit personnel as follows:
• Hourly Rate — to the nearest quarter-hour
• Mileage Rate — nearest mile
Wet Rate
All apparatus and equipment will be paid at the same "wet rates" as those listed in the current
Washington Fire Services Resource Mobilization Plan Wage and Equipment Rates.
Paid as Ordered
Resources will be paid based on the resource order.
Out -of -Service Units
Out -of -service apparatus are not eligible for any incident assignments or payment until repaired and
accepted by the Ground Support Unit.
Mechanical Failure — The cost of mechanical or other physical damage repair is deemed to be
included within the cost of the "wet rate" paid for apparatus. There is no reimbursement for these
costs.
Examples:
Agreement No. 93-095394
• Mechanical breakdowns, including major items (e.g., motor, transmission, differential).
• Body damage, minor (e.g., scratched paint from brush and trees, or damage sustained
running through fences) or major (e.g., body and fender damage).
• Cost incurred due to incidental loss or damage to apparatus, equipment, or personal property
are not reimbursable.
• Cost of temporary replacement for lost or damaged apparatus, equipment, or personal
property (e.g., rental expense) while permanent repairs or replacement are being pursued is
not reimbursable.
Travel
Time spent traveling from home agency to an event and back is considered compensable time. Costs
incurred while traveling may also be compensable. These are:
Per Diem:
Resources are expected to be self-sufficient for up to 24 hours depending on the
conditions of the incident. Per diem cannot be claimed during this initial 24 hour time period
unless:
o Travel will be in excess of 6 hours and out of your home jurisdiction, or
otherwise approved by the Incident Commander.
After 24 hours, resources may submit per diem claims only for those meals that are not
available at camp. The following guidelines apply:
o Paid in accordance with Washington State Office of Financial Management
(OFM) rates;
o Reimbursed for actual per diem expenses (receipts required). May not exceed
OFM rates. Receipts must be itemized showing what was purchased, not just the
total. If purchasing for a group, must have each individual sign receipt.
o For travel home in excess of 6 hours, if sack lunches are provided, per diem
claims will not be allowed.
Personnel Accommodations:
o Established camp accommodations for housing, feeding, and support of
mobilized personnel shall be used when provided.
o Alternate accommodations may be utilized at the expense of the user. The costs
for alternative accommodations are not reimbursable.
DNR agrees to the following:
• Record Employee's time spent in performance of this Agreement.
Provide a copy of the employee's time record to the employee, who will provide a copy to
Pasco.
• Contact Pasco Fire Department's Administration at (509) 545-3426 immediately with any
billing questions.
Agreement No. 93-095394
Ensure the citizens of Pasco are made whole by providing full compensation to the City of
Pasco for personnel, services, equipment, etc. provided.
Pasco agrees to the following:
• Pasco will permit, as available, requested overhead and resource personnel, equipment,
and/or services to function as single resources for DNR within the State of Washington
when requested by the CWICC office via resource order.
Send a final billing to the address below within one hundred -twenty (120) days of
demobilization. Invoices will be identified by incident name, location and incident number,
and will be supported by adequate documentation. Adequate documentation includes the
following: copies of resource orders and shift tickets, transaction statements (or equivalent),
individual time records and original OF288s/OF286s, copies of employee shift rosters
showing regular and overtime hours, and any other original receipts or documents pertinent
to invoiced costs.
Bills will be sent to:
DNR Southeast Region
Attn: Finance
713 Bowers Road
Ellensburg, WA 98926
Agreement No. 93-095394
Attachment B
PERSONNEL
FIRE DEPARTMENT PERSONNEL
e-1306 CzCAM
YI d%VLC- Ujgj#tCpCj to
Agreement No. IAA 93-095396
}
Washington State DNR
RECEIVED
JUN 0 5 ZU11
Southeast Region