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HomeMy WebLinkAboutR-2001-095 Cooperative Fire Protection AgreementRESOLUTION NO. R-2001- 95 A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute a Cooperative Fire Protection Agreement with the Okanogan -Wenatchee National Forest regarding wildland fire management suppression activities. WHEREAS, the Okanogan -Wenatchee National Forest and the City of Yakima Fire Department desire to cooperate in wildland fire management suppression activities; and WHEREAS, the Okanogan -Wenatchee National Forest is willing to reimburse the City for the use of its personnel and equipment in said wildland fire management suppression activities in accordance with the attached Cooperative Fire Protection Agreement; and WHEREAS, the City Council deems it to be in the best interest of the City of Yakima to enter into the attached Cooperative Fire Protection Agreement with the Okanogan -Wenatchee National Forest regarding wildland fire management suppression activities, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager of the City of Yakima is hereby authorized and directed to execute the attached and incorporated Cooperative Fire Protection Agreement with the Okanogan -Wenatchee National Forest regarding wildland fire management suppression activities ADOPTED BY THE CITY COUNCIL this 501 day of June, 2001. r- ary Place, Mayor , ATTEST: City Clerk (1k)res/fire dept/forest service/.pm USFS AGREEMENT NO. 01 -CA --11061720-004 Page 1 of 8 COOPERATIVE FIRE PROTECTION AGREEMENT between OKANOGAN - WENATCHEE NATIONAL FOREST and CITY OF YAKIMA FIRE DEPARTMENT THIS COOPERATIVE FIRE PROTECTION AGREEMENT, is entered into by the USDA Forest Service, Okanogan - Wenatchee National Forest, hereinafter referred to as the FOREST SERVICE, and the City of Yakima Fire Department, hereinafter referred to as the DEPARTMENT under the authority and provisions of the Reciprocal Fire Act of May 27, 1955 (42 USC 1856) and the Cooperative Funds and Deposits Act of December 12, 1975 (16 USC 565al-3). I. PURPOSE The purpose of this Agreement is to provide for joint participation in incident management teams and for cooperation in the suppression of wildland fires within the protection areas of parties signatory to this Agreement. This Agreement provides for cooperation only in wildland fire management suppression activities. The FOREST SERVICE shall not respond to structure fires, vehicle fires, traffic accidents or other incidents that are the jurisdictional responsibility of the DEPARTMENT. The FOREST SERVICE may, as available, respond to such incidents when adjacent wildlands covered under this Agreement are threatened by fire from such incidents. R. STATEMENT OF MUTUAL BENEFITS AND INTERESTS The FOREST SERVICE has the responsibility for control and suppression of wildland fires on National Forest administered lands, and on adjacent or intermingled State and private forested lands as identified through written agreement. The DEPARTMENT has the responsibility for control and suppression of both structure and wildland fires and incidents as defined by statute within the established city. These structures and lands protected by the DEPARTMENT are in the vicinity of lands protected by the FOREST SERVICE. The FOREST SERVICE and DEPARTMENT jointly participate in area and national incident management teams. Therefore it is mutually advantageous and in the public interest for the parties to coordinate their efforts in incident team management, and the suppression of wildfires in or adjacent to their areas of responsibilities. III. GENERAL PROVISIONS NATIONAL INTERAGENCY INCIDENT MANAGEMENT SYSTEM. The parties to this agreement will operate under the concepts defined in the National Interagency Management System (NIMS) including: Incident Command System (ICS), qualifications system, training system, the management of publications, and participate in the review, exchange, and transfer of technology as appropriate for providing qualified resources, and for the management of incidents covered by the is agreement. 2. OPERATING PLANS. The parties will meet annually, prior to the initiation of fire season to review the Annual Operating Plan (AOP). The AOP for 2001- 2002 is attached here to as "Attachment A" and incorporated herein by this inference. The AOP will include current rates for use of equipment, lists of principal personnel, dispatching procedures, and any other items identified in this Agreement as necessary for efficient implementation. This AOP shall become attached to and a part of this Agreement. 3. DEFINITIONS: A. PROTECTING PARTY. The party responsible for providing for direct fire protection in a given area pursuant to this Agreement. B. SUPPORTING PARTY. A party providing suppression assistance or other support and resources to the Protecting Party. C. JURISDICTIONAL PARTY. The party that has overall land and resource management and/or protection responsibility as provided by law. 4. COMMUNICATION SYSTEMS. The Parties agree to share the use of communication systems, radios and radio frequencies for the execution of this Agreement. Sharing of frequencies must be approved only by authorized personnel for each Party and documented in the AOP. 5. TRAINING. The parties to this agreement will cooperate to assure that training needs are provided that will produce safe and effective fire management and aviation programs. The intent is to champion high quality training, to minimize training costs by sharing resources, and to standardize training. 6. BILLING PROCEDURES. The SUPPORTING party will bill the PROTECTING party for actual costs incurred for assistance provided and identified as reimbursable. Reimbursable costs include all costs associated with the direct fire operations and incident support ordered by or for the incident (except as otherwise described in independent action situations). Rates and conditions of use for the equipment and personnel will be mutually agreed to and 2 documented in the AOP. Reimbursable costs for incident management team members include department costs for salary and overtime for hours worked, benefits, transportation and per diem of individuals assigned to incident management teams. The overtime premium of required direct replacement (backfill) personnel is allowed. SUPPORTING party shall submit a bill within 120 days of the incident. Bills will be identified by fire name, location, and incident number and will be supported by adequate documentation, including any applicable cost share agreements. Billings for fire suppression assistance will not include administrative overhead. The Forest that signs the agreement is the unit that reimburses the Department. The Department will provide copies of resource order(s) and transaction register (or equivalent) to support all billings to the Forest. Billing Addresses: Okanogan - Wenatchee National Forest 215 Melody Lane Wenatchee, Washington 98801-5933 City of Yakima Fire Department 401 N. Front Street Yakima, Washington 98901 All bills will have a payment due date 30 days after date of issuance. Contested billings: Written notice that a bill is contested will be mailed to the billing department within 60 days of issuance of the final bill and will fully explain the contested items. Contested items will be resolved not later than 60 days following receipt of the written notice. The uncontested portion of the bill will be paid and a new bill be issued for the contested amount. 7. EMPLOYMENT POLICY. Employees of the parties to this Agreement shall at all times be subject only to the laws, regulations, and rules governing their employment, regardless of incident location, and shall not be entitled to compensation or other benefits of any kind other than specifically provided by the terms of their employment. 8. CLAIMS. Claims for damage will be processed as determined by applicable Federal law. DEPARTMENT employees acting under the terms of this Agreement are not considered Federal employees and are not covered under the Federal Tort Claims Act. 9. EXAMINATION OF RECORDS. Each party shall give the other, or their authorized representative, access to, and the right to examine all records, books, papers and documents related to this Agreement. 3 10. FUNDING LIMITATION. Nothing herein shall be considered as obligating either party to expend or as involving either party in any contract or other obligation for the future payment of money in excess of funding approved and made available for payment under this Agreement and any modification thereto. 11. MODIFICATIONS. Modifications to this Agreement shall be made by mutual consent of the parties, by the issuance of a written modification, signed and dated by both parties, prior to any changes being made. 12. USE OF THIS AGREEMENT FOR MUTUAL AID. The local state forestry official should be consulted and/or should be signatory to this agreement if this document is used for mutual aid purposes. Additional clauses listed in Appendix B should be added to the agreement. 13. CIVIL RIGHTS. The parties shall comply with all State and Federal statutes relating to nondiscrimination. 14. DEBT COLLECTION IMPROVEMENT ACT. The DEPARTMENT shall furnish their tax identification number (TIN) upon execution of this Agreement. 15. DURATION OF AGREEMENT. The term of the Agreement shall commence on the date the last party signs below and shall remain in effect for five (5) years from that date. At that time it may be modified or renewed for a period of not to exceed five (5) years. 16. TERMINATION. Both parties retain the right to terminate, with or without cause, their participation under this Agreement by providing 30 days written notice to the other parry. 17. LEGAL AUTHORITY. The DEPARTMENT certifies that person executing this on their behalf has the legal authority to enter into this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the last date written below: 7Okra gan — Wenatchee National Forest onny O'Ne' 1 Date Forest Supervisor rd Cit f Y!a/kim ^ Y . J1'L //' /. t R. A. Zais, Jr. 13atel City Manager City Contract No. 2001-62 Resolution No. R-2001-95 Attachment A, Annual Operating Plan 2001-2002 Resource Orders Resource orders shall clearly indicate incident assignment, incident location, expected incident arrival time, and expected duration of assignment. Resources will be assigned authorized resource numbers after confirmation of availability and prior to departure from their home jurisdiction. Apparatus and Equipment Apparatus and equipment resources will be front-line, response -ready units in sound and reliable condition. All units will be subject to safety and condition inspection at the incident. Apparatus and equipment resources may be ordered as single resources, strike teams, or pre -configured task forces. Strike teams and task forces will include strike team / task force leaders unless specifically ordered with them. Resource orders shall clearly indicate the number and configuration of resources, incident assignment, incident task(s), incident location, expected incident arrival time, and expected duration of assignment. Resources will be assigned authorized resource numbers after confirmation of availability and prior to departure from their home jurisdiction. Payment rates for apparatus and equipment shall be those in the current Washington State Fire Resources Mobilization Plan. These rates are the Washington - Oregon Interagency Rates as modified by the Washington State Association of Fire Chiefs. The rates are normally updated annually (in the spring). The hourly rates are "wet" rates, payable for hours worked plus travel time to and from the incident, with five (5) hours per day minimum. Personnel Personnel shall be ordered using NIIMS ICS positions. Personnel will be qualified for and experienced in their assigned positions. Career Personnel Costs Career personnel remain employees of their home agency, and the home agency is reimbursed for their actual total personnel costs. The following statement of principle applies to all career personnel dispatched to the incident: Reimbursable costs include District costs for salary, overtime pay for hours worked, benefits, transportation, and per diem. It is the intent of this provision that the employee be paid his/her regular salary/wage for all hours normally scheduled for work plus overtime pay for actual overtime hours worked. Overtime rates are calculated by the home agency 5 in accordance with its usual agreements, policies and practices. Reimbursement rates are for the total cost of compensation (TCC), i.e., salary/wage plus direct benefit costs. Local agency premiums for overhead, administration, or "productivity" are excluded. The overtime premium costs of required direct replacement (backfill) personnel is also allowed. Taken as a whole, it is the intent of this section that the home agency be reimbursed for its actual total costs incurred. Other Personnel Non -career agency personnel ("volunteer" or other) shall be hired as temporary employees or "project employees" by the agency with incident jurisdiction, incident management responsibility, or other agency as may be appropriate to the incident. They shall be paid in accordance with usual practices and rates for the position filled, e.g., federal AD rates or Washington - Oregon Interagency Rates as applicable. Federal Identification Number City of Yakima Fire Department: 91-60011293 G Appendix B Additional Clauses for Mutual Aid III. GENERAL PROVISIONS ANNUAL OPERATING PLANS. Include maps of reciprocal fire protection areas in the Annual Operating Plan. RECIPROCAL FIRE PROTECTION. As deemed appropriate, the parties will establish reciprocal initial attack zones for lands of intermingled or adjoining protection responsibilities. Within such zones a SUPPORTING party will, upon request or voluntarily, take initial suppression attack action in support of the PROTECTING party. The PROTECTING party will not be required to reimburse the SUPPORTING party for initial attack actions taking place in these zones within the first 24 (or other time period as mutually agreed upon) hours following initial dispatch of suppression resources. Reciprocal initial attack zones will be mapped and made a part of the AOP. REQUESTED ASSISTANCE. Outside reciprocal fire zones, when requested by the PROTECTING parry, the SUPPORTING parry will, within their capability, provide initial action or other support on wildland fires. Such requested assistance is reimbursable. INDEPENDENT ACTION. Except as otherwise described in the AOP, any party on its own initiative and without reimbursement may go upon lands protected by another parry to suppress wildfires, if the fire is a threat to property within that party's protection responsibility. In such instances, the party taking action will promptly notify the protecting party. If either party takes action on a fire independently, the SUPPORTING party will furnish the PROTECTING party a preliminary report (oral) within 24 hours of the action taken and a written incident report with 10 days. NOTIFICATIONS. Each party will promptly notify the PROTECTING party of fires burning on or threatening lands for which that party has protection responsibility. When taking action, the SUPPORTING party will, as soon as possible, notify the PROTECTING party in accordance with the AOP; detailing what equipment and personnel have been dispatched to the incident location. BOUNDARY LINE FIRES. Boundary line fires will be the initial attack responsibility of the PROTECTING parties on either side of the boundary. Neither party will assume the other is aware of the fire, or is taking action. The officer -in -charge who arrives first at the fire will act as Incident Commander. When both parties have arrived it will be mutually agreed to the designation of the Incident Commander. 7 COST SHARING. On multi jurisdictional incidents and incidents which threaten or burn across direct protection boundaries, the parties will jointly develop a written cost share agreement which describes a fair distribution of financial responsibilities The parties agree that all reasonable and necessary costs incurred to meet the protection responsibilities within each Party's direct protection area will be the responsibility of that Ply. DETERMINATION OF CAUSE AND PRESERVATION OF EVIDENCE. Parties will attempt to protect point of origin of the fire and evidence pertaining to the fire cause. FIRE PREVENTION. Parties agree to share responsibilities and materials for fire prevention activities. Materials may include posters for display in public buildings, businesses and the like. Parties will share responsibility for fire prevention and rural fire safety presentations and demonstrations. FIRE RESTRICTIONS AND CLOSURES. Parties will coordinate restrictions and closures PRESCRIBED FIRE AND FUELS MANAGEMENT. The JURISDICTIONAL party will inform all parties of prescribed fires it is managing. Support during a prescribed burn is not covered under this Agreement. However, if a prescribed burn becomes a wildfire, resources under this agreement may be used for suppression. BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No For Meeting Of 1I 6/5/01 ITEM TITLE: Resolution authorizing the City Manager to Execute a Cooperative Fire Protection Agreement with the Okanogan — Wenatchee National Forest. SUBMITTED BY: Yakima Fire Department CONTACT PERSON/TELEPHONE SUMMARY EXPLANATION: Al H. Gillespie, Fire Chief — 575-6250 Richard Andring, Deputy Chief — 576-6362 Last year the Washington Incident Management Teams (IMTs) became integrated teams made up of members from federal, state and local fire jurisdictions. It was at this time the team also became all -incident, all-risk IMTs. Since the Washington State IMTs are all -incident, they may be sent to any jurisdiction. This is a significant shift from the past, when designated federal teams exclusively dealt with incidents on federal jurisdictions. Incident costs for a "federal' incident are payable directly, including the total cost of IMT personnel. For direct payment to happen there must be an agreement in place between the City of Yakima and the nearest federal "fire" agency. An agreement with the Okanogan — Wenatchee National Forest meets that requirement and provides the mechanism for the city to be reimbursed total personnel and equipment costs within 30 days of billing. Resolution X Ordinance Contract X Other (Specify) Funding Source: APPROVED FOR SUBMITTAL: 19 City Manager STAFF RECOMMENDATION: Approve Resolution authorizing execution of "Cooperative Fire Protection Agreement" BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: Resolution adopted. RESOLUTION NO. R-2001-95