HomeMy WebLinkAbout5.894 Original Contract
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STATE OF WASHINGTON
DEPARTMENT OF NATURAL RESOURCES
DOUG SUTHERLAND, Commissioner of Public Lands
FORESTLAND FIRE RESPONSE AGREEMENT
Agreement No. IliA -oq -~)
This Agreement is entered into between the state of Washington, Department of Natural
Resources, Olympic RegIOn, hereinafter referred to as the DNR, and City of Port Angeles Fire
Protection City, hereinafter referred to as City.
Authority: This Agreement is entered into by DNR under the authority of RCW 76.04.135 and
by the City under the authority ofRCW 52.12.031 in conformity with RCW 39.34, the lnterlocal
Cooperation Act, and in complIance with RCW 52.12.125.
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:
1.01 Purpose: The purpose of this Agreement is (1) to provide for mutual assistance and
cooperation in the control and suppression of forest land fire and therefore to contract for
the City to provide fire protection services 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 forest land within City jurisdiction; and (2) to dispatch and pay for fire
service resources outside the fire service CitylDepartment jurisdictional boundaries. For
the purposes of this Agreement forestland is as defined by RCW 76.04.005(8).
2.01 Scope: This Agreement pertains to forestland fire incidents within or adjacent to the City
boundaries, and to resources ordered through the DNR region for dispatch outside of City
Boundaries.
3.01 Jurisdictional Responsibility: Within or adjacent to the City'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
withm the boundaries of the City.
(2) Sole City Jurisdiction: Land subject to City fire protection City 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 City.
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4.01 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 City may respond to provide
immediate control action, mimmize fire loss, and thereby indirectly protect its own
Jurisdiction area. DNR may request response from the City to gain timely initial
attack and control action, or to supplement DNR resources.
(3) Sole City Jurisdiction: In the event of a fire emergency in a sole City jurisdiction
area, the CIty WIll respond. DNR may respond to provide immediate control actIOn,
mmimize fire loss, and thereby indIrectly protect its own jurisdiction area. The City
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 City will respond, subject to the availability of resources
5.01 Off-Season Incidents: "Off-Season" for this Agreement shall be 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 City response, subject to availability, to provide
additional suppression resources.
(2) Sole City Jurisdiction: The City will respond and conduct necessary fire
suppression operations. The City may request DNR response, subject to
availability, for fire investigation or additional suppression resources.
(3) Joint Jurisdiction: The City will respond and conduct necessary fire suppressIOn
operations. DNR will respond depending on the availability of resources and the
threat to forestland.
6.01 Command:
(1) Sole DNR Jurisdiction Incidents: When the City is the first arriving agency; the
City officer shall establish command until released by a representative of DNR.
(2) Sole City Jurisdictional Incidents: When DNR is the first arriving agency; the
DNR officer shall establish command until released by a representative of the City.
(3) Joint Jurisdiction Incidents: The officer of first arriving agency shall establish
command and, upon the arrival of the other agency, unified command will be
established and used for incident management.
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7.01 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 forest lands, e.g., cold trail, wet line,
line to mmeral 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 forest land fire is achieved,
City resources will be released from the incident for return to service and
availability for initial alarm response/attack, provided: DNR may request that City
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.
(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 clause 11.1 of this Agreement) by DNR
prior to the mobilization of special resources.
8.01 Operations Guidelines: Representatives of the City 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 mutual cooperation and understanding.
9.01 Fire Investigation: The CIty 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.
10.1 Costs:
(1) Charges Not Required: Nothmg in this Agreement shall be interpreted to require
that the City or DNR charge its resource costs to the other party. 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 City or
DNR desires or is required to charge for resource costs, and in such event the
provisions of this section (Section 10) apply.
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(2) Sole DNR Jurisdiction: If the City responds, DNR will pay for City personnel and
equipment costs as provided in Section 11.1
(3) Sole City Jurisdiction: IfDNR responds, the City will pay for DNR personnel and
equipment costs as provided m Section 11.1.
(4) Joint Jurisdiction:
(a) Initial Attack to Containment Time: Each Party will pay its own costs.
(b) After Containment: After containment, DNR will pay City personnel and
equipment costs, which are requested by DNR for mop-up operations as
provided in Section 11.1.
11.1 Cost Reimbursement Procedures: All provIslOns within this Agreement for
reimbursement of costs are at the option of the resource provider and are subject to the
following conditions:
(1) Notice: If the resource provider intends to charge for any of its costs as allowed by
this Agreement, notice of such intent must be given to the on-scene incident
commander of the requesting agency prior to the incursion of costs.
(2) Invoice: Any resource provider costs, which are to be bIlled as allowed by this
Agreement, must be invoiced wIthin sixty (60) business days of the last date of
incurred expense for the incident.
12.1 Cost Reimbursement Rates: City volunteer personnel will be paid directly 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 writmg 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.
13.1 Insurance: DNR is an agency of the state of Washington and is therefore self insured
under the State's Self-Insurance Liability Program The City 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 contract at DNR's option. If the City is self msured,
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 City shall not be less than as follows:
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14.1 Minimum Coverage Requirements: These hmits may not be sufficient to cover all
liability losses and related claim settlement expenses. Purchase of these minimum hmits
of coverage does not relieve the City from liability for losses and settlement expenses
greater than these amounts. DNR shall not be charged for the cost for insurance
coverage(s).
CIty 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, City must purchase and mamtain the
insurance coverage and limits specified below:
(1) Commercial General Liability (CGL) Insurance. City must purchase and
maintain CGL on an Insurance Services Office (ISO) form CG 00 01 or equivalent
form, covering liabihty ansing from premises, operations, independent contractors,
personal mJury, 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
General Aggregate LImit
(Other than products-completed operations)
Each Occurrence Limit
Dollar Amount
$2,000,000
$2,000,000
(2) Business Auto Policy (BAP) Insurance: If activities pursuant to this Agreement
involve the use of vehicles, the City 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 pnor
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 City-owned personal vehicles are used, the BAP must cover "Owned Autos
Only" (Symbol 2)
C. If City hires autos, the BAP must cover "Hired Autos Only" (Symbol 8)
D. If City employee's vehicles are used, the BAP must cover "Non-Owned Autos
Only" (Symbol 9)
Such msurance must be provided on an occurrence basis. The BAP insurance must
include liability coverage with limits not less than those specified below. The City
. is responsible for any deductible.
Description
Bodily Injury and Property Damage
Each Accident
$1,000,000
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(3) Workers Compensation Insurance: The City shall comply with all state of
Washington workers compensation statutes and regulations. Coverage shall be
provided for all employees and volunteers of the City and shall include bodily
injury (mcluding death) that arises out of or in connection with the performance of
this Agreement.
15.1 Renegotiation and Modification: The terms and conditions of this Agreement may be
renegotiated at the request of either Party between January I and March 1 of any year.
Any modification or amendment of thIS Agreement must be in writing and must be
signed by duly authonzed agents of the Parties.
16.1 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 m 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.
17.1 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.
18.1 Non-Waiver: WaIver by either Party of stnct 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.
19.1 Interpretation and Venue: This Agreement shall be construed and interpreted m
accordance with the laws of the state of Washington The venue of any action brought
under this Agreement shall be in the Supenor Court of Thurston County.
20.1 Severability: If any provision of this Agreement is held to be invalid, such invalidity
shall not effect 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 to be
severable.
21.1 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.
22.1 Term of Agreement: This Agreement shall be effective from the date of the last
signature until five years from date of last signature, unless otherwIse terminated m
accordance with Section 21.1.
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23.1 Agreement Managers:
The Agreement Manager for the City is
(N ame) Dan McKeen
(Title) Fire Chief
(Telephone) 360-417-4651
The Agreement Manager for the DNR is
(Name) William Sanders
(Title) Fire City Manager
(Telephone) 360-374-2865
21.1 Signatures:
Dated .-:J:~ a ~ , 20 08
Dated 7-3
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Forestland Fire Response Agreement
Approved as to Form by the Assistant Attorney General
State ofWashmgton, June 19,2000
FI~OTECTION CITY
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STATEOFWASIDNGTON
DEP ARTMEN..l OF NATURAL RESOURCES
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TItle Ol<<r'Wl Ie.. e ,0'-; J\1qn~ell
Address
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