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City of Spokane
WILDLAND FIRE RESPONSE AGREEMENT
The Fire Control Division of the Washington State Department of Natural Resources (DNR), under the authority of RCW 76.04-135, and the City of Spokane, Spokane County, Washington (Fire Department), pursuant to the provisions of the Interlocal Cooperation Act, RCW 39.34, hereby agree as follows:
1. Scope
This Agreement is limited to fire incidents within Spokane County, Washington.
2. Jurisdictional Responsibility
Within Spokane County, the jurisdictional responsibility for a fire may be with either one or both of the parties. In the event of dual responsibility, both agencies will normally respond subject to the availability of resources.
3. Provision of Assistance
It is the intent of the parties to assist each other in the suppression of fires. Each party will, upon the request of the other, provide available fire suppression personnel and equipment.
4. Command
A. Sole Jurisdiction Incidents
The officer of the first arriving agency shall establish command until released by a representative of the agency with primary protection responsibility.
B. Joint Jurisdiction Incidents
Where there is joint responsibility, the first arriving agency will establish command and, upon the arrival of the other agency, a unified command will be established and used.
5. Cost Responsibility and Recovery
A. Sole DNR Jurisdiction Incidents
If the DNR requests fire department assistance, the fire department may respond with available resources and the DNR will reimburse the fire department for its personnel and equipment costs as provided in Section 5F.
B. Joint Jurisdiction Incidents
(1) Initial Attack through Containment.
Each party will pay its own costs.
(2) After Containment
(a) Containment is defined as when a control line is established which, under prevailing conditions, can be reasonably expected to check the spread of the fire to structures and wildlands, e.g., cold trail, wet line, line to mineral soil, or natural barriers.
(b) Containment time will be determined by the incident commander or, if operating under unified command, by mutual agreement of unified command.
(c) The fire department is responsible for structures, the area within 100 feet of any structure, and personal property or manmade material that requires the use of self-contained breathing apparatus for firefighting.
(d) The DNR is responsible for all remaining wildland areas.
(e) After containment, the DNR may request that fire department resources be retained to assist in mop-up, and the DNR will reimburse the fire department for its after-containment personnel and equipment costs as provided in Section 5F below, if billed by the fire department.
C. Areas Assessed by DAR But Not by the Fire District
The fire department will respond and the DNR will reimburse the fire department for its personnel and equipment costs as provided in Section 5F in proportion to the unassessed acreage burned if billed by the fire department.
D. City of Spokane
If requested, the DNR will respond, subject to availability, including special resources, to wildfire incidents within the City of Spokane at no cost to the City until incident containment.
E. Off-Season Incidents
Off-season is defined as the period from October 16 through June 15, provided, that the dates may be altered by mutual agreement if critical fire weather prevails.
In the off-season, the DNR will not normally respond. The fire department will respond and the DNR will reimburse the fire department for its personnel and equipment costs as provided in Section 5F for after-containment costs, provided that the fire department advises the DNR at or before containment in the event that mop-up operations are anticipated to exceed two (2) hours. Reimbursement will not be made unless DNR is notified. (1-800-562-6010 or 1-684-7474)
The fire department may request off-season DNR response, subject to availability, for investigation or additional suppression resources.
F. Cost Reimbursement Rates
1. Volunteer personnel will be paid directly by DNR at the Washington-Oregon Interagency Firefighting Wage Rates ("pink page" rates).
2. Payment for equipment shall be to the provider at the Washington-Oregon Interagency Fire Equipment Rental Rates ("pink page" rates).
Structural engines (Types 1 and 2) used for nonstructural wildland fire operations will be paid at the Type 3 brush engine rate.
3. Career personnel costs will be reimbursed to the employing agency at their actual total agency cost.
6. Special Resource
A. Special Resource Ordering
Special resources include air resources, dozers and heavy equipment, or other resources deemed necessary to contain and control the fire.
The fire department incident commander may order special resources prior to the arrival of the DNR.
Unordered special resources shall be evaluated by unified command as to suitability and need and if required that decision shall be documented and payment authorized by DNR.
B. Financial Responsibility
DNR has the financial responsibility for all air, heavy equipment and other wildland resources ordered or authorized.
7. Fire Investigation
The fire department agrees to protect the origin area of any fire to the best of its ability. Fires will be jointly investigated when both agencies are conducting investigations. Fires involving potential cost recovery by the DNR will be investigated by a DNR fire investigator.
8. Liability and Claim
(a) Each party shall be responsible for its own equipment and personnel used in providing assistance pursuant to this Agreement. Each party waives all claims against the other party for compensation for any loss, damage, personal injury, or death occurring as a consequence of the performance of this Agreement.
(b) Each party shall be responsible for all liabilities that may occur or arise in any way out of the performance of this Agreement by its personnel only. Each party agrees to indemnify and hold harmless the other party and its employees and officials against any and all claims of every kind and nature, including but not limited to costs, expenses, losses, damages, and costs of legal defense, incurred as a result of any act or omission of the employees of the party or persons acting in their behalf arising out of or relating to the performance of this Agreement.
9. 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.
10. 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.
11. 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.
12. Compliance with Laws
Both parties shall comply with all applicable statutes, regulations, and laws.
13. Non-Discrimination
The parties shall comply with all United States and State of Washington non-discrimination laws and regulations.
14. Personal Liability of Public Officers
No public official, officer or employee of either party shall be personally liable for any acts of commission or omission in connection with this agreement. It is understood and agreed that all such persons are acting solely as agents of their respective parties.
15. 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 party to require future strict performance of the same provision or any other provision.
16. 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.
17. 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.
18. 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 June 15 and October 15 of any year due to the fire danger during this period.
19. Party Contacts
The contact persons and addresses for the parties are:
Department of Natural Resources
Northeast Region Manager
Department of Natural Resources
Box 190
Colville, Washington 99110
Fire District/Department
Fire Chief
City of Spokane Fire Department
West 44 Riverside Avenue
Spokane, Washington 99201
Date: July 1993