HomeMy WebLinkAbout000683 Original Contractas #000683
"MR,
WASHINGTON STA4fE DEPARTMENT OF
Natural Resources
PETER GOLDMARK - c;ommtssloner of Public Lands
FOREST LAND RESPONSE AGREEMENT & FEDERAL GRANT AGREEMENT
Agreement No. L 3
This Agreement is entered into between the state of Washington, Department of Natural
Resources, Olympic Region, hereinafter referred to as DNR, and Port Angeles Fire
Department, hereinafter referred to as District/Department,
Authority: This Agreement is entered into by DNR under the authority of RCW 76.04.135,
RCW 76.04.610(3); 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; (2) dispatch and pay for fire service resources outside the fire service
District/Department jurisdictional boundaries; and, (3) provide District/Department
assistance by: the sub -loan of all federal excess property by DNR under the Federal
Property and Administrative Services Act of 1949, as amended (P.L. 94-519) and section
7 of the Cooperative Forestry Assistance Act of 1978 (P.L. 95-313); the transfer of
ownership of firefighting property by DNR under the Rural Fire Department Equipment
Priority Act, 10 USC 2576b; the distribution of funds under section I0(b)(3) of the
Cooperative Forestry Assistance Act as amended by the Forest Stewardship Act of 1990
(P.L. 101-624) for the Volunteer Fire Assistance Program; the distribution of funds under
Department of the Interior and Related Agencies Appropriations Act (P.L. 106-291) for
the Rural Fire Assistance Program; and, the distribution of funds under the State Fire
District Assistance Program under RCW 76.04.610(3).
2. Scope. This Agreement pertains to forestland fire incidents within or adjacent to the
District/Department boundaries and to resources ordered through the DNR region for
dispatch outside of DistrictlDepartment boundaries, to District/Department support
provided by DNR, and Federal/State Grant Programs managed by DNR. "Forestland", as
used in this Agreement, is as the term is defined by RCW 76.04.005(9).
3. Jurisdictional Responsibility: Within or adjacent to the District/Department's
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 not
within the boundaries of the District/Department. (Optional clause: If county
assessor has segregated improved and unimproved land on county assessment
rolls: Land subject to Forest Fire Protection Assessment and not subject to
District/Department fire protection district levy.)
(2) Sole District Jurisdiction: Land subject to District/Department fire protection
district levy and not subject to Forest Fire Protection Assessment.
(3) Joint Jurisdiction: Lands subject to Forest Fire Protection Assessment and within
the boundaries of the District/Department. (Optional clause: If county assessor
has segregated improved and unimproved land on county assessment rolls:
Land subject to Forest Fire Protection Assessment and District/Department
fire protection district levy.)
4. 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 afire emergency in a joint jurisdiction area,
both DNR and the District/Department will respond, subject to the availability of
resources.
5. Off -Season Incidents: "Off -Season" as used in this Agreement is defined as the period
from October 16 through June 15. These dates may be altered by mutual consent of the
signatory parties.
(1) Sole DNR Jurisdiction: The DNR will respond and conduct necessary fire
suppression operations depending on the availability of resources and the threat to
forestland. The DNR may request District/Department response, subject to
availability, to provide additional suppression resources.
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(2) Sole District/Department Jurisdiction: The District/Department will respond and
conduct necessary fire suppression operations. The District/Department may
request DNR response, subject to availability, for fire investigation or additional
suppression resources.
(3) Joint Jurisdiction: The District/Department will respond and conduct necessary
fire suppression operations. DNR will respond depending on the availability of
resources and the threat to forestland.
6. 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.
7. Fire Control and Suppression:
(1) Containment: "Containment" is defined as the achievement of an established
control line which, under prevailing conditions, can be reasonably expected to
check the spread of the fire to structures and forestlands, e.g., cold trail, wet line,
line to mineral soil, natural barriers, or combinations of these. As used herein,
"under prevailing conditions" includes consideration of resources available for
continued operations.
"Containment time" will be determined by the incident commander or, if operating
under unified command, by mutual agreement of unified command.
(2) Contained Forest Land Fires: When containment of forestland fire is achieved,
District/Department resources will be released from the incident for return to
service and availability for initial alarm response/attack; provided, however, DNR
may request that District/Department resources be retained to assist in incident
mop -up.
(3) Special Resources: "Special resources" include air resources, dozers and heavy
equipment, or other resources deemed necessary to contain and control the fire.
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(4) 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 I 1 of this Agreement) by DNR
prior to the mobilization of special resources.
8. Operations Guidelines: Representatives of the District/Department and DNR shall
mutually develop operations guidelines that provide principles, direction and guidance
for the conduct of fire control operations. The operations guidelines shall be reviewed at
least annually, and revised as necessary to achieve cooperation and understanding. See
Attachment A for Operating Guidelines, which is incorporated by reference herein.
9. 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
originating on, spreading to or threatening land subject to Forest Fire Protection
Assessment, i.e., sole DNR or joint jurisdiction areas.
10. Costs:
(1) Charges Not Required: The purpose of this Agreement is mutual assistance and
cooperation in the control and suppression of fires (see Section 1), and 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 for resource costs (as described in Subsections (2), (3), and (4)
below) and in such event the provisions of this Section 10 apply.
(2) Sole DNR Jurisdiction: If the District/Department responds, DNR will pay for
District/Department personnel and equipment costs as provided in Section 11.
(3) Sole District/Department Jurisdiction: If DNR responds, the District/Department
will pay for DNR personnel and equipment costs as provided in Section 11.
(4) Joint Jurisdiction:
(a) Initial Attack to Containment Time: Each Party will pay its own costs.
(b) After Containment: After containment, DNR will pay District/Department
personnel and equipment costs, which are requested by DNR for mop -up
operations as provided in Section 11.
11. Cost Reimbursement Procedures: All provisions within this Agreement for
reimbursement of costs are subject to the following conditions:
(1) Notice: Prior to costs being incurred as allowed by this Agreement, notice of such
expenditure must be given to the on -scene incident commander of the requesting
agency prior to the expenditure or commitment of funds.
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(2) 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.
12. Cost Reimbursement Rates: District/Department volunteer personnel will be
reimbursed by DNR at the Washington -Oregon Interagency Firefighting Wage Rates as
"Emergency Firefighters."
Equipment costs shall be paid to the resource provider at the Washington -Oregon
Interagency Fire Equipment Rental Rates ("DNR Wage & Equipment Rates for Wildfire
Resources") or as otherwise agreed to in writing by the respective authorized agency
representatives.
Career/permanent and seasonal personnel costs will be reimbursed to the resource
provider at the resource provider's actual total cost.
13. Federal Excess Personal Property: Upon request from the District/Department, and
subject to its compliance with the requirements imposed by law and this Agreement to
administer, account for, use and dispose of FEPP, DNR will sub -loan FEPP to the
District/Department on a most needed basis. See Attachment B - Federal Excess
Personal Property, which is incorporated by reference herein.
14. Firefighter Property Program: Upon request from the District/Department, and subject
to its compliance with the requirements imposed by law and this Agreement to
administer, account for, use and dispose of Department of Defense (DOD) excess
firefighting and firefighting support equipment acquired by DNR under the Firefighter
Property Program (FFP), DNR will transfer such equipment to the District/Department on
a most needed basis. See Attachment C - Firefighter Property Program, which is
incorporated by reference herein.
15. Assistance Grants: Volunteer Fire Assistance (VFA) and Rural Fire Assistance (RFA) are
Federal grant programs administered by DNR that provide funds for fire equipment, training,
and initial fire department organization to fire departments serving small communities under
10,000 in population. Fire District Assistance (FIREDAC) is State funding for fire districts
administered by DNR for the same purposes. Eligible District/Departments may apply for
assistance grant projects each year, under the terms and conditions provided to
District/Departments on the DNR Fire District Assistance website at www.dnr.wa.gov. If
approved for funding, the District/Department must comply with all program
requirements some of which are identified on the website and described in Attachment D
— Assistance Grants, which is incorporated by reference herein.
16. 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 may 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. 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)
Each Occurrence Limit $2,000,000
(2) 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. 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. 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)
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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
(3) Workers Compensation Insurance: 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.
17. 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 the Command Section 6 of this
Agreement.
18. 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.
19. Renegotiation and Modification: The terms and conditions of this Agreement may be
renegotiated at the request of either Party between January 1 and March 1 of any year.
Any modification or amendment of this Agreement must be in writing and must be
signed by duly authorized agents of the Parties.
20. 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.
21. 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.
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22. Compliance with Laws: Parties shall comply with all applicable federal and state laws,
rules and regulations that govern each component of this Agreement.
23. 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.
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. Term of Agreement: This Agreement shall be effective from the date of the last
signature for a term of five years unless otherwise terminated in accordance with the
terms of this Agreement.
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28. Agreement Managers:
The Agreement Manager for the District/Department is
(Name) 4i`rvk Ouzoc.
(Title) Ctkt e -F
(Telephone) 3(.b • 4j-(- `lin 53
The Agreement Manager for the DNR is
(Name) Q ,51t C
(Title) ;, � c c "(
(Telephone) .3Uo 2400
This Agreement supersedes all previous agreements.
Signatures:
FIRE PROTECTION
DISTRICT/DEPARTMENT
Dated N�cw%Emb X 1'6 , 2013 By
Title Ftgg,-
Address _ M i:, 51 r--cH -%g'T A" G t -Lc,>, LL3A
STATE OF WASHINGTON
DEPARTMENT OF NATURAL RESOURCES
Dated 20 , 20 By
Approved as to Form by Michael Rollinger
Assistant Attorney General
State of Washington, January 25, 2010
Title —PC, h.
Address */I
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Attachment A
Operations Guidelines
Forestland Response Agreement
Dispatch and Payment for Fire Service Resources outside the
Fire Service District/Department Jurisdictional Boundaries
Department of Natural Resources (DNR) agrees to dispatch paid Fire Service
District/Department resources to incidents outside of the Fire Service Districts/Departments'
jurisdictional boundaries as needed to meet DNR's responsibilities and as approved by the Fire
Service District/Department. Participation by a Fire Service District/Department in wildfire
assignments outside its jurisdiction is voluntary and separate from involvement in State Fire
Mobilization.
This agreement extends to:
■ Washington Fire Service (WFS) paid members who participate on the Washington
Interagency Incident Management Teams (WIIMT) (member/alternate pool/trainee) or
Washington State Prevention Teams dispatched through DNR.
■ Members of WIIMT/Prevention Teams (includes alternate pool and trainees) who are
Fire Service volunteers will need to enter into a separate individual agreement with DNR.
■ Two options are covered under this agreement at the following rates:
❑ Interagency Wage & Equipment Rates, or
❑ If paid by Fire District, Special Rates to include:
• Wildland Firefighter I, Firefighter Il, and Truck Drivers $
• Single Resource Boss $
WFS members qualified as task force/strike team leaders or above;
WFS Engines and other equipment as ordered through the DNR Region.
The Fire Service 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 PMS 310-1;
2) To provide a copy of the Master IQS Record for each participating employee (needed for
ROSS statusing);
3) Keep equipment and personnel status current in the Resource Ordering Status System
(ROSS) by selecting option a. or b. as the preferred option. (Check one):
a. ❑ DNR Region will give Web -Status rights — login and password - to your fire
District/Department to enable you to Web -Status your employees. You can
decide which employees to share the login and password with; update status as
necessary.
[It
b. ❑ DNR Region will status your employees. For this option, you would need to
provide DNR Region Dispatch with the status of your employees every Monday
by 1200 hours. Dispatch would then update their status in ROSS for that week
{0800 Tuesday to 0800 Tuesday).
4) Notify DNR Region of any changes in status of personnel/equipment, i.e.;
dispatched/demob under State Fire Mobilization, demob & ETA home from incidents
dispatched thru DNR, etc.
5) All personnel and equipment dispatched will be paid by the Fire Service
District/Department; (except WIIMT members who are volunteers will follow payment
procedures outlined in their individual agreement);
6) Invoice for overhead personnel will include:
a. Original Emergency Fire Time Report (OF -288); hourly wage rate (regular and
OT) for personnel hours on the OF -288; other travel costs (meals, lodging not
provided by the incident) must be documented with receipts.
b. Original shift ticket 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) Invoice for equipment (engineshenders) will include Original Emergency Equipment
Rental Form (OF -286) and shift tickets.
The DNR Region agrees:
1) To assist the Fire Service District/Department with ROSS statusing;
2) Maintain IQS records for Fire Service District/Department personnel with wildland fire
qualifications, if red carded through the DNR;
3) Not to transfer dispatched equipment and/or personnel from one incident to another
without prior approval of the Fire Service District/Department;
4) Reimburse the Fire Service District/Department within 30 days of invoice receipt and
documentation as required in Item 6 above;
5) Reimburse the Fire Service District/Department at the Total Cost of Compensation Rate
for personnel; (except WIIMT members who are volunteers will be paid as outlined in
their individual agreement);
6) Reimburse the Fire Service District/Department at the DNR Interagency Wage and
Equipment Rate for equipment;
7) Reimburse the Fire Service District/Department personnel travel mileage at the current
State mileage rate; (except WIIMT members who are volunteers will be paid as outlined
in their individual agreement).
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Attachment B
FEDERAL ]EXCESS PERSONAL, PROPERTY
Equipment Acquisition: The District/Department is required to identify its needs by completing
an Equipment Needs Request, in the form provided by DNR Resource Protection Division
(hereinafter referred to as DNR), and submitting the request to DNR no later than the end of
January of each year. DNR will acquire Federal Excess Personal Property (FEPP) suitable for
conversion into firefighting or fire prevention apparatus. Equipment will be made available for
loan to eligible fire districts and departments with priority based on the greatest need.
Equipment will be made available "as is," with no disclosure or warranty as to implied condition.
1) Ownership of all non -consumable FEPP shall remain the property of the U.S. Forest
Service.
2) All FEPP must be used for firefighting and fire prevention activities. Personal use of
FEPP for purposes not directly associated with normal responsibilities of the
District/Department is prohibited.
Identification: DNR will identify all non -consumable FEPP with a metal program identification
tag with an inventory tracking number.
Equipment Use, Refurbishment, and Maintenance Requirements:
1) The District/Department agrees to accept FEPP in "as is" condition, and to refurbish,
equip, repair, and maintain it at no cost to DNR. Equipment must be put into service
within one year of acceptance. The District/Department may receive an extension of the
one-year time limit for good cause upon written request to DNR prior to the one-year
anniversary date. If equipment is not put into service within one year and the
District/Department does not receive written approval from DNR for an extension, DNR
will notify the District/Department of an "in service" violation and immediately
reallocate or dispose of the item.
2) All vehicles and trailers must be registered and licensed by the District/Department
through the Washington Department of Licensing, and copies provided to DNR.
3) All military or governmental exterior logos, insignias, and identification numbers
removed by the District/Department prior to placing the unit in service.
4) Equipment will be painted with each fire District/Department standard color when
existing paint is badly deteriorated, faded, peeling, or the original paint is camouflage or
olive drab.
5) Cannibalization. It is permissible to strip components from one or more pieces of
equipment to create a usable apparatus subject to written approval of the USDA Forest
Service through DNR. The process to strip and dispose of excess components must be
completed within one year of written approval to cannibalize. The District/Department
IVa
will notify DNR immediately after cannibalization is complete. DNR will dispose of
remaining components through the US Forest Service, and General Services
Administration (GSA).
In case of loss, theft, damaged, destroyed, or vandalized property, the
District/Department is required to notify DNR within 48 hours of occurrence. Upon
notification, DNR will submit appropriate documents to the District/Department for
documentation, and to the US Forest Service for appropriate action.
Property Disposal: The District/Department agrees to report, in a timely manner, all inoperable,
cannibalized, not in use, or seldom used FEPP to DNR for reallocation or disposal. DNR will
conduct reallocation or disposal activities at the District/Department's facility. The
District/Department agrees to facilitate all required activities and to obtain signed documents to
complete the reallocation or disposal process.
Property Inventory/Audit: Upon request by DNR, the District/Department agrees to make
FEPP items available for the purpose of conducting a physical inventory and to facilitate a
program review. The District/Department shall provide access to and the right to examine all
records, books, papers, or documents relating to the FEPP to facilitate a State or Federal audit.
The District/Department is required to maintain property records for a minimum of five years
after acquisition of all non -consumable FEPP (i.e., registration, insurance, final disposal).
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Attachment C
FIREFIGHTER PROPERTY PROGRAM
Equipment Acquisition: DNR Resource Protection Division (hereinafter referred to as DNR)
will provide program information, equipment applications and notification of available
equipment to all eligible districts. The District/Department is required to identify its Fire Fighter
Property Program (FFP) needs by completing an Equipment Needs Request, in the form
provided by DNR, and submitting the request to DNR no later than the end of January and June
of each year. DNR will acquire and transfer ownership of FFP equipment suitable for use in
providing fire suppression to be used in direct support of firefighting, a firefighting apparatus, or
emergency services. Equipment will be made available on a priority basis to
District/Departments, which have been determined by DNR to have the greatest need. Equipment
will be made available "as is" with no disclosure or warranty as to implied condition.
Title and Ownership:
(1) Title to all non -consumable equipment not requiring demilitarization will be passed to
the District/Department at the time the equipment is received by the District. The
District/Department is responsible to register and transfer title to the vehicle in the name
of the District/Department in accordance with state law.
(2) Ownership of equipment with military demilitarization codes, C, D, and F, will not
be transferred to the District/Department. Ownership of those items shall remain with the
US Forest Service.
Equipment Use:
(1) All FFP equipment shall be refurbished, and put into service for firefighting, direct
support of firefighting or emergency services programs within one year of
acquisition. The District/Department may receive an extension of the one-year time
limit for good cause upon written request to DNR prior to the one-year anniversary
date of acquisition. District/Departments not meeting this requirement may be
suspended from the program.
(2) Within one year after acquisition, DNR will request proof the vehicle is in service.
(3) Personal use of FFP equipment for purposes not directly associated with the normal
responsibilities of the District/Department is prohibited.
(4) Cannibalization of FFP equipment is prohibited.
(5) All military or governmental exterior logos, insignias, and identification numbers
must be removed by the District/Department prior to putting the unit into service.
Inventory Disposal Demilitarization Items: FFP items identified by DOD as requiring
demilitarization (DEMIL codes C, D, F) will be tracked and inventoried in the US Forest Service
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Federal Excess Property Management Information system until final disposition. The
District/Department is required to return those items to the nearest DOD Defense Reutilization
Marketing Office DEMIL site. If a DOD DEMIL site is not close, the District/Department may
be allowed to demilitarize the item on site, through crushing, mutilation, cutting, and to make the
item unusable for its original intended use. The USDA Forest Service and DNR will coordinate
demilitarization activities, through the Distribution Reutilization Policy Director at the Defense
Logistics Agency.
Records: The District/Department agrees to provide access to and the right to examine all
equipment, records, books, papers or documents for all equipment transferred under the FFP to
the US Forest Service, DNR, DOD Office of Inspector General, the Comptroller General of the
United States or his authorized representative, and the USDA, including its Office of Inspector
General, or authorized representatives. The District/Department is required to maintain property
records for a minimum of five years after acquisition of all non -consumable FFP property (i.e.
registration, insurance, final disposal).
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Attachment D
ASSISTANCE GRANTS
Key Qualifying Guidelines:
Funding and priorities for VFA, RFA, and FIREDAC vary from year to year. DNR Resource
Protection Division (hereinafter referred to as DNR) will provide adequate notification to all eligible
Districts/Departments of program requirements and eligibility criteria. Priorities will be updated every
year and provided to all Districts/Departments through the internet.
The Wildland Fire Assistance Grants are open to all Districts/Departments that currently provide wildland
fire response to private, state, or federal land ownerships and serve communities LESS than 10,000
residents. Districts/Departments serving communities over 10,000 residents may qualify if their service
area includes a rural area or rural community of under 10,000 in population.
The Wildland Fire Assistance Grants are offered in two phases annually, subject to funding availability.
Phase I — Personal protective equipment can be acquired from the first Monday of March until the last
Friday in April. Find the latest prices and offerings in the Phase I Personal Protection Equipment (PPE)
Shopping Cart. Phase Il — General Equipment Grant Program is open from the first Monday in
September until the last Friday in October.
Each district may apply for one phase I and one phase II project per year.
Fire Equipment
This category includes equipment suitable for wildland fire use. Fire Equipment includes portable pumps,
slip in pump packages, water tanks -- vehicle and portatanks, chainsaws and all hand tools, hose, hose
fittings and related equipment not available during Phase I, communication systems, vehicle and hand-
held pagers.
Fire Prevention
Includes the development and implementation of Fire Prevention Education Programs, including Firewise
Workshops or Prevention planning, including GIS planning projects.
Vehicle Acquisition/Refurbishment
Includes funding for transport and refurbishment of vehicles obtained through the FFP to a wildland
engine, or tender.
Training
Includes the development and implementation of programs designed for training in structural, grass or
wildland fire suppression, including instructors, facility rental and industrial materials.
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Communications
Includes the development of single or multi -district communications systems and radios, including
vehicle, hand-held base stations and repeaters.
D1y Hydrant
Includes planning, construction and operational use of a dry hydrant system,
Ineligible Projects or Items under Grant Program:
• Major expenditures such as building construction or new fire apparatus
• Land acquisition or building repairs
• Rural Emergency Medical Service programs
• Waterline construction and hydrants
• Structural fire engines, ladder trucks, and structure PPE.
• Wellness programs
Other Requirements
All grant programs are reimbursable grants. The grantee must purchase the requested equipment
or training and apply to DNR for reimbursement.
The grantee must complete the project within one year following the grant award.
District Matching Share
The District/Department matching share for each grant is as follows:
VFA- 50%
RFA- 10%
FIREDAC- 25%
All grant matching share may include in-kind services or materials if prior approval of DNR is obtained.
and acceptable proof of costs are submitted. Donated labor will be reimbursed at the per hour rate of a
Firefighter 2 as listed in the current Washington State Fire Services Resource Mobilization Plan prepared
by the office of the Washington State Fire Marshal. Value of property acquired under other Federal
programs may not be included in projects. Proof of costs must include receipts, lists of hours worked
with rate per hour, or other statements showing local efforts in the program.
Project Duration
The approved project will be completed and all payments processed within one year of DNR
approval. An extension of time for project completion may be allowed upon prior written
approval of DNR.
Project Costs and Reimbursement
Only project costs incurred after approval of the grant by DNR will be eligible for
reimbursement.
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The DNR will pay to the District/Department matching costs as they are incurred, upon receipt
of invoices, evidence of completion of the service or delivery of the equipment items, and
evidence that the District/Department's share of cost has been paid.
The DNR may, in its sole discretion, terminate this agreement, or withhold disbursements
claimed by the District/Department if the District/Department fails to satisfactorily comply with
any term or condition of this Agreement or if the source for the grant funding is no longer
available.
Compliance
1) District/Department will comply with all appropriate state and federal laws, rules and
regulations. District/Department will retain fiscal records pertaining to this award for at
least three years after the final grant payment or any dispute resolution.
2) Federal grants require the District/Department to maintain equipment accountability
records for equipment items purchased over $5,000 in value. Such items must be
identified as property acquired under the Cooperative Forestry Assistance Act and
Federal approval secured prior to future disposition. District/Department will comply
with Federal regulations relating to equipment and supplies acquired by state and local
governments (7CFR 3016.32: Equipment).
Federal Subcontract
When the DNR is passing federal funds to the District/Department, the District/Department will
be considered a "sub -recipient." Sub -recipient shall:
1) Adhere to the federal Office of Management & Budget guidelines and to other applicable
federal and state regulations.
2) Have audits made in accordance with Office of Management and Budget (OMB)
Circular A-133 revised June 2003 and effective December 31, 2003 if the sub -recipient
receives federal assistance, in total from all sources, of $500,000 or more. The sub -
recipient must:
a. Forward a copy of the Data Collection Form as required in OMB circular A-133
within 30 days after completion of the Federal Single Audit to the DNR.
b. If the audit reveals findings and questioned costs relating to Federal awards
passed through from DNR, forward a copy of the State Auditor's audit, along
with the sub -recipient response and the final corrective action plan as approved
by the State Auditor's Office to the DNR within nine months after the end of the
audit period.
3) Provide access to grant/financial records for inspection by the DNR or by any duly
authorized audit representative of the state of Washington for a period of at least three
years after the final grant payment or any dispute resolution.
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