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4.9. SR 03-07-2016City of Elk — River Request for Action To Item Number Mayor and City Council 4.9 Agenda Section Meeting Date Prepared by Consent March 7, 2016 T. John Cunningham, Fire Chief Item Description Reviewed by Cooperative Fire Protection Agreement with the Peter Beck, City Attorney Minnesota Department of Natural Resources Reviewed by Cal Portner, City Administrator Action Requested Approve, by motion, the Minnesota Department of Natural Resources (DNR), Division of Forestry, and the Elk River Fire Department Cooperative Fire Protection Agreement (Agreement). Background/Discussion The Elk River Fire Department has a strong long-standing relationship with surrounding fire departments and public safety agencies. When large-scale incident occurs which surpasses the capabilities of the local agency, mutual aid assistance is sought from other agencies. The Fire Department and the DNR regularly assist each other in wildland fire suppression. The DNR has updated the Agreement. Staff and the city attorney have reviewed the changes and recommend approval. Financial Impact The Agreement includes a rate schedule for cost recovery. Attachments ■ Agreement P a w E A E U s r NaA f RE] i NA -01966-06 05-22-2015 Minnesota Department of Natural Resources Division of Forestry and the Elk River Fire Department Cooperative Fire Protection Agreement Agreement Number: (16 312 71104) THIS COOPERATIVE FIRE PROTECTION AGREEMENT, is made and entered into by and between the State of Minnesota acting by and through the Commissioner of the Department of Natural Resources, hereinafter referred to as the "DNR" and the Elk River Fire Department, hereinafter referred to as the "Fire Department," as authorized by M.S. 88.04 subd. 4; 88.11 subd. 1; and 89.01 subd. 4 I. PURPOSE The purpose of this Cooperative Fire Protection Agreement is to cooperate in the prevention and suppression of wildland fires as authorized under M.S. 88.04. Assistance will only be provided when requested, when resources are available, and can be committed without diminishing either party's ability to protect its own jurisdiction. II. STATEMENT OF MUTUAL BENEFITS AND INTERESTS The DNR, Division of Forestry, is responsible for the prevention and suppression of wildland fire within the state. The Fire Department is responsible to prevent and extinguish all unwanted fires within its fire protection area. It is mutually advantageous and in the public's interest for the parties to this instrument to coordinate and assist in each other's efforts in prevention, detection, and suppression of wildland fires and to cooperate in fire hazard reduction in and adjacent to areas of mutual responsibility. III. THE FIRE DEPARTMENT SHALL: 1. Provide fully staffed and equipped fire fighting resources, when available for wildland fire suppression, as listed on the attached rate schedule. 2. Indemnify, save and hold the State, its representatives and employees, harmless from any and all claims or causes of action, including all attorneys' fees incurred by the State, arising from the performance of this Agreement by the Fire Department or Fire Department's employees, agents or subcontractors. This clause shall not be construed to bar any legal remedies the Fire Department may have for the State's failure to fulfill its obligations pursuant to this Agreement. 3. Assume full responsibility, including legally required insurance and Workers' Compensation for all Fire Department personnel provided under this agreement. 4. Respond to all calls for wildland fires within the Fire Department's fire protection area when requested by the DNR. 5. Respond to additional wildland fire calls outside the Fire Department's fire protection area at the request of the DNR and at the discretion of the Fire Chief. 6. Submit a report to the DNR within 24 hours of any wildland fire on which the Fire Department takes independent action. Reporting can be in the form a DNR Fire Report Card, fax, e-mail, fire report form, DNR wildland fire invoice form, or other written communication that provides the same information as the Fire Report Card. Fire Department Cooperative Agreement � NA-01966-06 05-22-2015 7. Submit an invoice to the DNR within 30 days of an incident for which the fire department is requesting reimbursement. Invoices beyond 30 days may not be honored if the fire was not reported timely to the DNR. 8. Stay with all wildland fires until out, or released by a DNR incident commander, or until called to another incident within the Fire Department's protection area, provided the wildland fire is considered safely contained. 9. Be committed to protection of lives and buildings as its first consideration. 10. Through the Fire Department officers, determine its capabilities and assume final decision authority on commitment of its vehicles and personnel into any area of operation that is requested by DNR personnel. 11. Furnish all tools, equipment, supplies, fuels, and lubricants, except for those items furnished by the DNR, as stated in this Agreement. 12. Assist the DNR with distribution of fire prevention materials and wildland fire prevention presentations. 13. Bill the DNR for wildland fire runs at the agreed upon rate per run. When additional resources are requested by DNR Forestry, beyond the first 2 hours (the "run') hourly rates for specific requested equipment, as described in the attached Rate Schedule, will apply. Invoices must be submitted within thirty (30) days of the fire(s). IV. THE DNR SHALL: 1. Respond with specialized equipment for wildfire response, when possible, at the request of the Fire Chief or designate. This equipment includes, but is not limited to dozers, all terrain tracked vehicles, engines and aircraft. 2. Investigate violations of the burning laws of the State. (M.S. 88.01 to 88.22 and 88.75) This includes billing the responsible party for all wildland fire suppression costs of the DNR, and the Fire Department if the DNR pays the Fire Department for responding to the fire. 3. Assist the Fire Department in obtaining Federal Excess Property, specialized equipment, or grants for improving their firefighting capabilities. 4. Assist the Fire Department with procuring and distributing fire prevention materials. 5. Provide wildland fire suppression training to the Fire Department as workload permits. 6. Reimburse the Fire Department for wildland fire runs, according to the terms of this agreement. 7. Make reasonable effort to release the Fire Department as soon as possible to ensure that the Fire Department is available for other emergency response calls. V. REIMBURSEMENT POLICIES: 1. Lower rates may be negotiated for extended use at the Fire Department's discretion. 2. When the Fire Department is dispatched through its normal dispatch procedures, and not specifically requested by the DNR, the Fire Department shall only bill for a Wildland fire run. (A Wildland Fire Run is described as the fire department's response to a wildland fire that takes up to two (2) hours to suppress.) 3. For hourly billing of equipment requested by DNR Forestry, after the wildland fire run (first 2 hours), time will be rounded to the nearest half hour. Billable time should begin when the Fire Department leaves its station and continue until it returns to its station. Time spent refurbishing and readying equipment for the next call shall not be included as billable time. 4. The fire chief and local DNR forester may discuss charges that are in question prior to submitting a final invoice for payment. 5. If the Fire Department is released by the DNR before the Fire Department has taken any suppression Fire Department Cooperative Agreement I NA -01966-06 05-22-2015 action on the fire, the Fire Department shall not submit a bill for the run. 6. Attached rates shall be reviewed annually and may be changed with signature of the parties to this Agreement, or their successors in position. This Agreement is effective on the date of the last signature and is to continue in force for five (5) years or until terminated by either party giving thirty (30) days written notice to the other. Both parties should review this Agreement annually. Elk River Fire Department: /s/ Title: State of Minnesota Department of Natural Resources: Date: /s/ Date: Area Forester Fire Department Cooperative Agreement I NA -01%6-06 05-22-2015 Elk River Fire Department Cooper tive Agreement Rate Schedule ITEM DESCRIPTION NUMBER WORK RATE * STANDBY RATE OF a. rate b. per unit a. rate* b. unit PERSONNEL include NWCC ( type, make, model, year, serial number and special WI (includes (hour, etc.) (hour, etc.) features, such as 4X4, CAF or foam proportioners) EQUIPMENT personnel) a. 2001 Type I Engine 1250 GPM 1000 Tank Foam 6 $350.00 Hour $350 Hour b.Grass 1, Type 6 250 Water, 150 PSI Pump $100.00 Hour $100 Hour 2 c. Grass 2 Type 5, 400 Water 150 PSI Pump 3 $125.00 Hour $125 Hour d. Grass 3 Type 6 250 Water, 150 PSI 4 $130.00 Hour $130 Hour e. Grass 4, Type 6, 250 Water, 150 PSI 4 $130.00 Hour $130 Hour f. Water Tender Type 2, 3000 gallon pump Size: 250 Gallons 2 $175.00 Hour $175 Hour License/Serial Number: 1GCGD34JOGF439598 Options: foam unit g. 2004 Polaris 500 ATV 4 wheeler, matt tracks, pump & 60 gall water. 2 $80.00 Hour $80 Hour h. Additional Requested firefighters Per hour Same Per hour Each per as work per firefighter rate firefighter *Standby rates shall be equal to '/2 of the work rate, and shall apply only if equipment and personnel are ordered by the DNK to be staged and available for immediate action. Special Rates: a. The Fire Department will only bill on wild land fires requiring more than 2 hours to suppress and/or when DNR Forestry requests additional resources. b. The Fire Department will charge $350.00 for the first 2 -hour response on fires requiring more than two hours to suppress. After two hours, equipment or personnel requested by the DNR will be charged at the rates in the above Rate Schedule. c. The Fire Department may bill from the time of initial response for fires on DNR administered lands, regardless of the length of time needed to suppress the fire. ($350.00 for first two hours and then according to the rate schedule for subsequent hours). The above rates have been agreed upon by: Elk River Fire Department Little Falls DNR Area /s/ Date: Area Forester /s/ /s/ Fire Chief Regional Forest Manager (if required) Fire Department Cooperative Agreement Date: Date: