HomeMy WebLinkAbout04/16/2019 06E Fire District Assistance Agreement with the Washington State Department of Natural ResourcesBUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEM ENT
1
Item No. 6.E.
For Meeting of: April 16, 2019
ITEM TITLE: Resolution authorizing a Fire District Assistance Agreement with
the Washington State Department of Natural Resources (DNR) to
obtain Federal Excess Personal Property (FEPP)
SUBMITTED BY: Aaron Markham, Fire Chief
SUMMARY EXPLANATION:
The Washington State Department of Natural Resources and the Yakima Fire Department would
like to enter into a Fire District Assistance Agreement that will allow for Federal Excess Personal
Property (FEPP) that is suitable for conversion into firefighting or fire prevention apparatus to be
obtained by the Yakima Fire Department, should the need arise.
ITEM BUDGETED: NA
STRATEGIC PRIORITY:
APPROVED FOR
SUBMITTAL:
City Manager
STAFF RECOMMENDATION:
Adopt resolution
BOARD/COMMITTEE RECOMMENDATION:
ATTACHMENTS:
Description Upload Date
D resolution 4/10/2019
0 Agreement 4/9/2019
Type
Coyer Memo
Co'er Memo
A RESOLUTION
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RESOLUTION NO. R -2019 -
authorizing a Fire District Assistance Agreement with the Washington State
Department of Natural Resources (DNR) to obtain Federal Excess
Personal Property (FEPP).
WHEREAS, the City desires to enter into a Fire District Assistance Agreement that would
provide the Yakima Fire Department the ability to obtain Federal Excess Personal Property
(FEPP) that is suitable for conversion into firefighting or fire prevention apparatus should the need
arise; and
WHEREAS, DNR has the ability to sub -loan FEPP under the Federal Property and
Administrative Services Act of 1949 (P.L. 94-519) and section 7 of the Cooperative Forestry
Assistance Act of 1979 (P.L. 95-313); and
WHEREAS, the Rural Fire Department Equipment Priority Act, 10 USC 2576b allows for
the transfer of firefighting and emergency service property; and
WHEREAS, the City Council finds and determines that approval of the Fire District
Assistance Agreement attached hereto and incorporated herein by this reference is in the best
interests of the residents of the City, and that such approval will promote the general health, safety
and welfare; now, therefore
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized and directed to execute the Fire District Assistance
Agreement with the Washington State Department of Natural Resources (DNR) for the acquisition
of eligible Federal Excess Personal Property (FEPP) suitable for conversion into firefighting or fire
prevention apparatus, attached hereto and incorporated herein by this reference.
ADOPTED BY THE CITY COUNCIL this 7th day of May, 2019.
Kathy Coffey, Mayor
ATTEST:
Sonya Clear Tee, City Clerk
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FIRE DISTRICT ASSISTANCE AGREEMENT
Agreement No. 93-098520
This Agreement is entered into by and between the State of Washington, Department of Natural
Resources, hereinafter rcferred to as "DNR", and City of Yakima Fire Department, hereinafter
referred to as "District/Department" and collectively referred to as the "Parties".
Authority: This Agreement is entered into by DNR under the authority of RCW 76.04.015(6),
by Fire Protection Districts, under the authority of RCW 52.12.031 and Fire Departments under
the authority of RCW 35.21.010 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:
Purpose: This Agreement addresses the terms and conditions for: (1) all federal excess property
sub -loaned by DNR to the District/Department 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), hereinafter referred to as the Federal Excess Personal
Property program; and (2) the transfer of firefighting and emergency service property, facilitated
by DNR, to the District/Department under the Rural Fire Department Equipment Priority Act, 10
USC 2576b, hereinafter referred to as the Firefighter Property program.
SECTION 1: FEDE
. ,
L EXCESS PERSONAL PROPERTY
1.01 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 Federal Excess Personal Property (FEPP)
acquired under the Federal Property and Administrative Services Act, DNR will sub -loan
eligible FEPP to the District/Department. Federal regulations are amended from time to
time and District/Department agrees to comply with current and future regulations.
1.02 Property Acquisition: The District/Department is required to identify its needs by
completing a request form provided by DNR. DNR will acquire eligible FEPP suitable
for conversion into firefighting or fire prevention apparatus. FEPP will be sub -loaned to
fire districts and departments "as is" with no disclosure or warranty of implied condition.
(1) Ownership of all non -consumable FEPP shall remain the property of the U.S. Forest
Service.
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(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.
1.03 Identification: DNR will identify all non -consumable FEPP with a program
identification tag with an inventory tracking number.
1.04 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. FEPP 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.
(2) If FEPP 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 reallocate or dispose of the
item.
(3) All vehicles and trailers must be registered and licensed by the District/Department
through the Washington Department of Licensing, and copies provided to DNR.
(4) Prior to placing FEPP in service, the District/Department must remove all military
or governmental exterior logos, insignias and identification numbers. FEPP must be
painted when original paint is deteriorated or peeling. In addition, remove or paint
over all military paint patterns for vehicles, trailers, and other equipment operated
on public roads.
(5)
Cannibalization. Cannibalization is the practice of disassembling unserviceable
FEPP to use serviceable parts on similar units. The removal of any parts other than
minor items is cannibalization. It is permissible to strip components from one or
more pieces of FEPP 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 will notify DNR immediately after cannibalization is
complete. DNR will dispose of remaining components through the USDA Forest
Service and General Services Administration (GSA).
(6) 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 forms to the District/Department for
documentation, and to the USDA Forest Service for appropriate action. If the
property is insured, USDA Forest Service must receive a share of any insurance
proceeds equal to their ownership share in the property. If gross negligence is
involved, the District/Department may be required to pay fair market value for the
FEPP or repair or replace the property at District/Department expense.
1.05 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
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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.
1.06 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
Statc or Federal audit. The District/Department is required to maintain property records
for a minimum of six (6) years and three (3) months after receipt of all non -consumable
FEPP (i.e. registration, insurance, final disposal).
SECTION 2: FIREFIGHTER PROPERTY PROG
2.01 Firefighter Property Program: Upon request from the District/Department, and subject
to District/Department compliance with the requirements imposed by law and this
Agreement to administer, account for, use and dispose of Department of Defense (DOD)
excess property, DNR will facilitate transfer of such property to the District/Department
under the Firefighter Property (FFP) program, as authorized by 10 U.S.C. 2576b. Federal
regulations are amended from time to time and District/Department agrees to comply
with current and future regulations.
2.02 Property Acquisition: The District/Department is required to identify its FFP needs by
completing a request form provided by DNR. DNR will facilitate transfer of FFP suitable
for use or conversion to use in support of the District/Department's firefighting and
emergency services. FFP will be transferred "as is" with no disclosure or warranty as to
implied condition.
2.03 Title and Ownership:
(1) Conditional ownership and title (when title is applicable) to all non -consumable
FFP will be transferred to the District/Department, with the exception of "controlled
property" as defined in 2.05 below. The District/Department is responsible to
register and transfer title to any vehicle or trailer obtained through the FFP program
in the name of the District/Department in accordance with applicable state law, and
provide copies to DNR. Full ownership and title will vest in the District/Department
upon meeting the requirements in 2.04(1) below.
(2) The sale or transfer of FFP property to non -FFP participants must be in compliance
with U.S. Export Control Regulations, including the Export Administration
Regulations (EAR) (15 CFR Parts 730-774) and the International Traffic in Arms
Regulations (ITAR) (22 CFR Parts 120-130). District/Department must notify
future purchasers or transferees, in writing, of this requirement.
(3) FFP cannot be sold or transferred to non -U.S. citizens, and the sale or transfer of
Demilitarization Q6 FFP requires Trade and Securities Commission approval.
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2.04 Property Use:
(1) All FFP shall be refurbished and put into service in support of the
District/Department's firefighting or emergency services within one year of
transfer, at no cost to DNR. In addition, all FFP must be retained and used in
service for a minimum of one year after being put into service.
(2) If the District/Department does not meet the FFP program in service requirements,
the District/Department agrees, at no cost to DNR, to return, transfer, or scrap the
FFP as directed by DNR and in compliance with FFP program requirements. In
addition, DNR may suspend the District/Department from future participation in the
FFP program.
(3)
District/Department will label all FFP with an inventory number provided by DNR.
Inventory number must remain readable until in-service requirements are complete.
(4) Within one year after transfer, District/Department will provide proof in a form
acceptable to DNR that FFP is in service.
(5)
District/Department use of FFP must be for its intended purpose. Personal use is
prohibited.
(6) Cannibalization of FFP is prohibited.
(7)
Prior to placing FFP in service, the District/Department must remove all military or
governmental exterior logos, insignias and identification numbers. In addition,
remove or paint over all military paint patterns for vehicles, trailers, and other
equipment operated on public roads.
2.05 Controlled Property:
(1) FFP identified by DOD as demiliterization B, C, D, E, F, G, and Sensitive Q3
(referred to as "controlled property") remains in the ownership of DOD, and will be
tracked and inventoried in the USDA Forest Service Federal Excess Property
Management Information system (FEPMIS) until final disposition. The
District/Department is required to return controlled property to the nearest DOD
Defense Logistics Agency (DLA) Disposition Services site. If a DLA site is not
close, the District/Department may be allowed to demilitarize the FFP 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. Costs required for the District/Department to return or
demilitarize controlled property shall be the responsibility of the
District/Department.
(2) District/Department must request DNR approval prior to removing any parts or
components from controlled property, and must return removed parts to the nearest
DLA site at its own expense.
(3)
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In case of lost, missing, stolen, or destroyed controlled property the
District/Department is required to notify DNR within 48 hours of occurrence. Upon
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notification, DNR will submit appropriate forms to the District/Department for
documentation, and to the DOD through the USDA Forest Service for appropriate
action. If the FFP is insured, DOD must receive any insurance proceeds.
2.06 Records: The District/Department agrees to provide access to and the right to examine
all FFP, records, books, papers or documents for all equipment transferred under the FFP
program to the USDA Forest Service (including its Office of Inspector General), DNR,
DOD (including its Office of Inspector General), the Comptroller General of the United
States, or their authorized representatives. The District/Department is required to
maintain property records for a minimum of six (6) years and three (3) months after
receipt of all non -consumable FFP property (i.e. registration, insurance, final disposal).
SECTION 3: GENERAL
3.01 Program Information: FEPP and FFP program information is available on the DNR
website.
3.02 Hold Harmless: To the extent permitted by federal law, District/Department shall
indemnify and hold the U.S. Government harmless from any and all actions, claims,
debts, demands, judgments, liabilities, costs, and attorney's fees arising out of, claimed
on account of, or in any manner predicated upon loss of or damage to property, or
injuries, illness or disabilities to or death of any person or legal or political entity
including state, local and interstate bodies, in any manner caused by or contributed to by
District/Department, its agents, servants, employees, or any person subject to its control
while in, upon or about the sale site and/or the site on which the property is located, or
while the property is in thc possession of, used by, or subject to the control of
District/Department, its agents, servants, or employees after the property has been
removed from U.S. Government control. The U.S. Government assumes no liability for
damages or injuries to any person(s), or property arising from the use of the excess DoD
personal property.
3.03 Insurance: 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 to cover damages or injuries to persons or property relating to the use of property
obtained under this agreement. Failure to buy and maintain the required insurance may
result in the termination of the Agreement at DNR's option. If the District/Department is
self-insured, evidence of its status as self-insured will be provided to DNR, and if deemed
acceptable by DNR, shall satisfy the insurance requirements specified by this Section.
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.
During the term of the Agreement, District/Department must purchase and maintain the
insurance coverage and limits specified below:
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(1) Commercial General Liability (CGL) Insurance or District/Department
Equivalent. District/Department must purchase and maintain CGL on an Insurance
Services Office (ISO) form CG 00 01 or equivalent form, covering liability arising
from premises, operations, independent contractors, personal injury, products -
completed operations, and liability assumed under an insured contract. Such
insurance must be provided on an occurrence basis. If insurance is written on a
"claims made" basis, the policy shall provide full coverage for prior acts or include
a retroactive date that precedes the effective date of this Agreement. Insurance
must include liability coverage with limits not less than those specified below:
Description Dollar Amount
General Aggregate Limit $2,000,000
(Other than products -completed operations)
Each Occurrence Limit $2,000,000
(2) Employer's liability ("Stop Gap") Insurance: District/Department shall purchase
and maintain employer's liability insurance and if necessary, commercial umbrella
liability insurance with limits not less than $1,000,000 each accident for bodily
injury by accident or $1,000,000 each employee for bodily injury by disease.
Business Auto Policy (BAP) Insurance: If activities pursuant to this Agreement
involve the use of vehicles, the District/Department must purchase and maintain a
BAP on an Insurance Services Office (ISO) form CA 00 01 or equivalent form with
such insurance covering liability arising out of "Any Auto".
Such insurance must be provided on an occurrence basis. The BAP insurance must
include liability coverage with limits not less than those specified below. The
District/Department is responsible for any deductible.
Description Each Accident
Bodily Injury and Property Damage $1,000,000
(4) Workers Compensation Insurance or Equivalent: The District/Department shall
comply with all state of Washington workers compensation statutes and regulations.
Coverage shall be provided for all employees and volunteers of the
District/Department and shall include bodily injury (including death) that arises out
of or in connection with the performance of this Agreement
(3)
3.04 Non -Discrimination. During the performance of activities under this Agreement,
District/Department shall comply with all federal, state and local non-discrimination
laws, regulation and policies. In the event of non-compliance or refusal to comply with
any non-discrimination law, regulation or policy, this Agreement may be rescinded,
cancelled or terminated in whole or in part, and District/Department may bc declared
ineligible for further participation in FEPP and/or FFP.
3.05 Renegotiation and Modification: The terms and conditions of this Agreement may be
renegotiated at the request of either Party. Any modification or amendment of this
Agreement must be in writing and signed by duly authorized agents of the Parties.
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3.06 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.
3.07 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.
3.08 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.
3.09 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.
3.10 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.
3.11 Termination: This Agreement may be terminated by either Party upon ninety (90) days
written notice. Termination of this Agreement makes the District/Department ineligible
to participate in FEPP or FFP, and District/Department agrees to dispose of all FEPP per
1.05 above and all FFP that has not met the requirements of 2.04(1) above per 2.04(2)
above.
3.12 Compliance with Laws: The District/Department shall comply with all applicable
federal and state laws and regulations that govern each component of this Agreement.
3.13 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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This Agreement supersedes all previous agreements.
By signature below, the Agencies certify that the individuals listed in this document, as
representatives of the Agencies, are authorized to act in their respective areas for matters related
to this instrument.
IN WITNESS WHEREOF, the parties have executed this Agreement.
DISTRICT/DEPARTMENT STATE OF WASHINGTON
DEPARTMENT OF NATURAL RESOURCES
Signature
Date
Signature
Date
Printed Name Printed Name
Title
DISTRICT/DEPART ENT
rinte •
I re
Title
D1STRI
MENT
ture
,frtrdee/
Inted Name
Title
Date
DISTRICT/DEPARTMENT
Signature
Date
Printed Name
Title
93-098520
Title
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