Or. Admin. R. 629-041-0100 - Procedures for Contracts, Agreements and Renewals
(1) Pursuant to ORS
477.406(2), all
agreements entered into by the forester or by a forest protective association,
with each other, with a federal or state agency, political subdivision,
corporation, responsible organization or responsible landowner or group of
landowners for the prevention and suppression of fire shall be negotiated in
accordance with the requirements and limitations of ORS
477.406 to
477.412 and this rule.
(2) All negotiations for contracts or
agreements pursuant to section (1) of this rule shall be:
(a) Limited to matters provided in ORS
477.406(1).
(b) Conducted by representatives authorized
to act on behalf of their organization, where applicable, and that are
knowledgeable in wildland fire protection systems or a relevant specialty
addressed in the contract or agreement.
(c) Conducted in good faith with the
intention of maintaining a complete and coordinated forest protection system
for the State of Oregon that is effective in carrying out the policies of ORS
Chapter 477 and is economically efficient.
(3) Upon completion of negotiations and
agreement by the parties, the contract or agreement will be timely reviewed
(though not necessarily prior to its effective date) for adherence to the
requirements of relevant statutes and rules according to the following:
(a) The Board shall review any base level
contract or agreement between the forester and a forest protective
association.
(b) The State Forester
or designated representative shall review:
(A) Any contract or agreement that is
supplemental to an existing base level agreement between the forester and a
forest protective association; or
(B) Any contract or agreement with any other
governmental agency or cooperator that affects areas outside a forest
protection district or more than one forest protection district.
(c) The district warden or
designated representative shall review any contract or agreement with any other
governmental agency or cooperator that affects lands only within the warden's
jurisdiction.
(d) Notwithstanding
this section, any other applicable provision of law requiring a different
standard of review or approval shall still apply.
(4) Notwithstanding section (3) of this rule,
the Board may, at any time it is aware that a contract or agreement is to be
negotiated under this rule, require the contract or agreement to be approved by
the Board before its becoming effective.
(5) Any contract or agreement negotiated in
accordance with this rule shall include a provision allowing the timely and
prospective correction of deficiencies that may be found as a result of the
review required in section (3) of this rule, or termination of the contract or
agreement.
(6) The State Forester
may advertise to solicit bids or proposals for agreements or contracts with
corporations, responsible organizations, responsible landowners or groups of
landowners for the prevention and suppression of fire on forestland or on land
other than forestland, or both. With the exception of judicial review
procedures, the procedures specified in OAR chapter 137, divisions 046 and 047
(2008), including protest procedures, apply to solicitations for agreements or
contracts with corporations, responsible organizations, responsible landowners,
or groups of landowners for the prevention and suppression of fire on
forestland or on land other than forestland, or both, but not to agreements or
contracts with federal or state agencies, political subdivisions, or forest
protective associations. Judicial review of a decision by the State Forester
regarding a solicitation specified in this rule is governed by the Oregon
Administrative Procedures Act, ORS Chapter 183. This section applies to
solicitations issued on or after February 1, 2009. The amendments to this
section shall become effective on September 21, 2009.
Notes
Stat. Auth.: ORS 526.016(4) & 526.041
Stats. Implemented: ORS 477.406
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