2015/08/19 Council Agenda Packet

WASHINGTON STATE DEPARTMENTOF Natural Resources PETER GOLDMARK - Commissioner of Public Lands FOREST LAND RESPONSE AGREEMENT & FEDERAL GRANT AGREEMENT Agreement No. This Agreement is entered into between the state of Washington, Department of Natural Resources, <<Unit of DNR» Region, hereinafter referred to as DNR, and the City of Everett, a Washington municipal corporation, hereinafter referred to as City. Authority: This Agreement is entered into by DNR under the authority of RCW 76.04.135, RCW 76.04.610(3); by the City under the authority of RCW 35.21.010; and DNR and City in confonnity 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 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 forestland within City jurisdiction; (2) dispatch and pay for fire service resources outside the fire service City jurisdictional boundaries; and, (3) provide City 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 10(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 City boundaries and to resources ordered through the DNR region for dispatch outside of City boundaries, to City 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 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 within the boundaries of the City. (Optional clause: If county assessor has segregated improved and unimproved land on county assessment rolls: Land <<Agreement Nci>> Page 1 o'118 FLRA 4/7/2015 62